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Nutrition Administration Assistance Act of 2023 This bill authorizes additional funding through FY2028 to pay administrative costs incurred by states for certain Department of Agriculture programs. The bill specifically authorizes funding for administrative costs incurred by state agencies to carry out the Commodity Supplemental Food Program, states to carry out state plans under the Emergency Food Assistance Program, and states to carry out the Seniors Farmers' Market Nutrition Program.

118 S2322 IS: Nutrition Administration Assistance Act of 2023 U.S. Senate 2023-07-13 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 2322 IN THE SENATE OF THE UNITED STATES July 13, 2023 Mr. Luján Mr. Heinrich Committee on Agriculture, Nutrition, and Forestry A BILL To provide additional funds to States for administration of certain nutrition programs, and for other purposes. 1. Short title This Act may be cited as the Nutrition Administration Assistance Act of 2023 2. Additional funds for administrative costs (a) Commodity supplemental food program In addition to amounts otherwise made available to State agencies to pay administrative costs incurred by State agencies to carry out section 5 of the Agriculture and Consumer Protection Act of 1973 ( 7 U.S.C. 612c Public Law 93–86 (b) State plans under the Emergency Food Assistance Act of 1983 In addition to amounts otherwise made available to States to pay administrative costs incurred by States to carry out State plans under section 202A of the Emergency Food Assistance Act of 1983 ( 7 U.S.C. 7503 (c) Seniors farmers’ market nutrition program In addition to amounts otherwise made available to the Secretary of Agriculture for administrative costs to carry out section 4402 of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 3007 3. Authorization of appropriations There is authorized to be appropriated to carry out this Act $1,000,000 for each of fiscal years 2024 through 2028.

Nutrition Administration Assistance Act of 2023

Access to Genetic Counselor Services Act of 2023 This bill provides for coverage under Medicare of genetic counseling services that are furnished by genetic counselors. Covered services include those services, as well as incidental services and supplies, that would otherwise be covered under Medicare if provided by a physician.

118 S2323 IS: Access to Genetic Counselor Services Act of 2023 U.S. Senate 2023-07-13 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 2323 IN THE SENATE OF THE UNITED STATES July 13, 2023 Mr. Barrasso Mr. Tester Mrs. Blackburn Committee on Finance A BILL To amend title XVIII of the Social Security Act to provide for expanded coverage of services furnished by genetic counselors under part B of the Medicare program, and for other purposes. 1. Short title This Act may be cited as the Access to Genetic Counselor Services Act of 2023 2. Medicare coverage of genetic counseling services (a) In general Section 1861 of the Social Security Act ( 42 U.S.C. 1395x (1) in subsection (s)(2)— (A) by striking and (B) by adding and (C) by adding at the end the following new subparagraph: (KK) covered genetic counseling services (as defined in subsection (nnn)(1)); ; and (2) by adding at the end the following new subsection: (nnn) Covered genetic counseling services (1) The term covered genetic counseling services (2) The term genetic counselor (A) is licensed as a genetic counselor by the State in which the individual furnishes genetic counseling services; or (B) in the case of an individual practicing in a State that does not license genetic counselors, meets such other criteria as the Secretary establishes. The provisions of this paragraph shall not be construed as preventing other practitioners, including those providing telehealth services, from providing covered genetic counseling services within the scope of their practice. . (b) Physicians’ services Section 1848(j)(3) of the Social Security Act ( 42 U.S.C. 1395w–4(j)(3) (2)(KK), (2)(FF) (including administration of the health risk assessment), (c) Payment (1) In general Section 1833(a)(1) of the Social Security Act ( 42 U.S.C. 1395l(a)(1) (A) by striking and (HH) (B) by inserting before the semicolon at the end the following: , and (II) with respect to covered genetic counseling services under section 1861(s)(2)(KK), furnished by a genetic counselor, the amount of payment for such service shall be an amount equal to 85 percent of the lesser of the actual charge for the services or the amount determined under the fee schedule established under section 1848(b) for the same services if furnished by a physician (2) Modifier Section 1834 of the Social Security Act ( 42 U.S.C. 1395m (aa) Use of modifier with respect to genetic counseling services (1) Establishment Not later than January 1, 2024, the Secretary shall establish a modifier to be utilized with evaluation and management CPT codes to indicate (in a form and manner specified by the Secretary), in the case of covered genetic counseling services under section 1861(s)(2)(KK), if such services were furnished by a genetic counselor. (2) Required use Each request for payment, or bill submitted using evaluation and management CPT codes, for covered genetic counseling services (as defined in section 1861(nnn)(1)) furnished by a genetic counselor (as defined in section 1861(nnn)(2)) on or after January 1, 2024, shall include the modifier established under subparagraph (A) for each such service. . (d) Assignment of payment Section 1833(r) of the Social Security Act ( 42 U.S.C. 1395l(r) (3) Application to genetic counselors The provisions of paragraphs (1) and (2) shall apply with respect to covered genetic counseling services described in section 1861(s)(2)(KK) and genetic counselors (as defined in section 1861(nnn)(2)) in the same manner as such provisions apply with respect to services described in section 1861(s)(2)(K)(ii) and nurse practitioners. . (e) Conforming amendment Section 1862(a)(14) of the Social Security Act ( 42 U.S.C. 1395y(a)(14) covered genetic counseling services, qualified psychologist services, (f) Effective date (1) In general The amendments made by this section shall apply to services furnished on or after January 1, 2024. (2) Implementation The Secretary of Health and Human Services may implement the amendments made by this section by interim final rule with comment period.

Access to Genetic Counselor Services Act of 2023

Ensuring American Security and Protecting Afghan Allies Act This bill provides conditional permanent resident status to certain individuals who supported the U.S. mission in Afghanistan and addresses related issues. (A conditional permanent resident becomes a lawful permanent resident, also known as a green card holder, if the conditions are removed.) Generally, to be eligible for a conditional green card under this bill, an Afghan national must be (1) lawfully admitted into the United States on or before this bill's enactment, or (2) paroled into the United States between July 30, 2021, and this bill's enactment. The Department of Homeland Security (DHS) must remove the conditions if, by a certain date, DHS determines that the individual (1) is not inadmissible under any statutory grounds, and (2) does not pose a national security concern. DHS may waive certain grounds of inadmissibility for humanitarian purposes or family unity. The bill also designates certain Afghan nationals who supported the U.S. mission in Afghanistan as priority refugees of special humanitarian concern, including an individual who (1) served in certain branches of the Afghan armed forces, or (2) was a female member of certain entities in the Afghanistan National Defense and Security Forces. The Department of Defense must establish a process to review requests for such a designation. The bill also authorizes a special immigrant visa for an Afghan national who is the parent or sibling of a member or veteran of the U.S. Armed Forces. (Special immigrant visa holders qualify for a green card after meeting certain criteria.)

118 S2324 IS: Ensuring American Security and Protecting Afghan Allies Act U.S. Senate 2023-07-13 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 2324 IN THE SENATE OF THE UNITED STATES July 13, 2023 Mr. Cotton Mr. Graham Mr. Tillis Mr. Grassley Committee on the Judiciary A BILL To provide support for nationals of Afghanistan who supported the United States mission in Afghanistan and adjustment of status for eligible individuals, to support at-risk Afghan allies and relatives of certain members of the Armed Forces, and to amend section 212(d)(5) of the Immigration and Nationality Act to reform the parole process, and for other purposes. 1. Short title This Act may be cited as the Ensuring American Security and Protecting Afghan Allies Act 2. Definitions In this Act: (1) Appropriate committees of Congress The term appropriate committees of Congress (A) the Committee on the Judiciary of the Senate (B) the Committee on Foreign Relations of the Senate (C) the Committee on Armed Services of the Senate (D) the Committee on Appropriations of the Senate (E) the Committee on the Judiciary of the House of Representatives (F) the Committee on Foreign Affairs of the House of Representatives (G) the Committee on Armed Services of the House of Representatives (H) the Committee on Appropriations of the House of Representatives (2) Immigration laws The term immigration laws 8 U.S.C. 1101(a)(17) (3) Special immigrant status The term special immigrant status (A) the Afghan Allies Protection Act of 2009 ( 8 U.S.C. 1101 Public Law 111–8 (B) section 1059 of the National Defense Authorization Act for Fiscal Year 2006 ( 8 U.S.C. 1101 Public Law 109–163 (C) section 6 or an amendment made by such section. (4) Specified application The term specified application (A) a pending, documentarily complete application for special immigrant status; and (B) a case in processing in the United States Refugee Admissions Program for an individual who has received a Priority 1 or Priority 2 referral to such program. (5) United States Refugee Admissions Program The term United States Refugee Admissions Program 8 U.S.C. 1101(a)(42) 3. Support for Afghan allies outside of the United States (a) Response to congressional inquiries The Secretary of State shall respond to inquiries by Members of Congress regarding the status of a specified application submitted by, or on behalf of, a national of Afghanistan, including any information that has been provided to the applicant, in accordance with section 222(f) of the Immigration and Nationality Act ( 8 U.S.C. 1202(f) (b) Office in lieu of embassy During the period in which there is no operational United States embassy in Afghanistan, the Secretary of State shall designate an appropriate office within the Department of State— (1) to review specified applications submitted by nationals of Afghanistan residing in Afghanistan, including by conducting any required interviews; (2) to issue visas or other travel documents to such nationals, in accordance with the immigration laws; (3) to provide services to such nationals, to the greatest extent practicable, that would normally be provided by an embassy; and (4) to carry out any other function that the Secretary considers necessary. 4. Conditional permanent resident status for eligible individuals (a) Definitions In this section: (1) Conditional permanent resident status The term conditional permanent resident status (2) Eligible individual The term eligible individual (A) is present in the United States; (B) is a citizen or national of Afghanistan or, in the case of an alien having no nationality, is a person who last habitually resided in Afghanistan; (C) has not been granted permanent resident status; and (D) (i) was inspected and admitted to the United States on or before the date of the enactment of this Act; or (ii) was paroled into the United States during the period beginning on July 30, 2021, and ending on the date of the enactment of this Act, provided that such parole has not been terminated by the Secretary of Homeland Security upon written notice. (b) Conditional permanent resident status for eligible individuals (1) Adjustment of status to conditional permanent resident status Immediately on the date of the enactment of this Act, the Secretary of Homeland Security shall— (A) adjust the status of each eligible individual to that of conditional permanent resident status; and (B) create for each eligible individual a record of admission to such status as of the date on which the eligible individual was initially inspected and admitted or paroled into the United States. (2) Removal of conditions (A) In general Not later than the date described in subparagraph (B), the Secretary of Homeland Security shall remove the conditions on the permanent resident status of an eligible individual if the Secretary has determined that— (i) subject to subparagraph (C), the eligible individual is not subject to any ground of inadmissibility under section 212 of the Immigration and Nationality Act ( 8 U.S.C. 1182 (ii) the eligible individual is not the subject of significant derogatory information, such as a conviction of a felony or any other information indicating that the eligible individual poses a national security concern. (B) Date described The date described in this subparagraph is the earlier of— (i) the date that is 4 years after the date on which an eligible individual was admitted or paroled into the United States; or (ii) July 1, 2027. (C) Waiver (i) In general Except as provided in clause (ii), with respect to an eligible individual, the Secretary of Homeland Security may waive the application of the grounds of inadmissibility under section 212(a) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a) (ii) Exceptions The Secretary of Homeland Security may not waive under clause (i) the application of subparagraphs (C) through (H) of paragraph (2), or paragraph (3), of section 212(a) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a) (3) Treatment of conditional resident period for purposes of naturalization An eligible individual in conditional resident status shall be considered— (A) to have been admitted to the United States as an alien lawfully admitted for permanent residence; and (B) to be present in the United States as an alien lawfully admitted to the United States for permanent residence. (c) Terms of conditional permanent resident status (1) Assessment (A) In general Before removing the conditions on the permanent resident status of an eligible individual under subsection (b)(2), the Secretary of Homeland Security shall conduct an assessment with respect to the eligible individual, which shall be equivalent in rigor to the assessment conducted with respect to refugees admitted to the United States through the United States Refugee Admissions Program, for the purpose of determining whether the eligible individual is subject to any ground of inadmissibility under section 212 of the Immigration and Nationality Act ( 8 U.S.C. 1182 8 U.S.C. 1227 (B) Consultation In conducting an assessment under subparagraph (A), the Secretary of Homeland Security may consult with the head of any other relevant agency and review the holdings of any such agency. (2) Periodic nonadversarial meetings (A) In general Not later than 180 days after the date on which the status of an eligible individual is adjusted to conditional permanent resident status, and periodically thereafter, the eligible individual shall participate in a nonadversarial meeting with an official of the Office of Refugee Resettlement, during which such official shall— (i) on request by the eligible individual, assist the eligible individual in applying for any applicable immigration benefit and completing any applicable immigration-related paperwork; and (ii) answer any questions regarding eligibility for other benefits. (B) Notification of requirements Not later than 7 days before the date on which a meeting under subparagraph (A) is scheduled to occur, the Secretary of Health and Human Services shall provide notice to the eligible individual that includes the date of the scheduled meeting and a description of the process for rescheduling the meeting. (C) Conduct of meeting The Secretary of Health and Human Services shall implement practices to ensure that— (i) meetings under subparagraph (A) are conducted in a nonadversarial manner; and (ii) interpretation and translation services are provided to eligible individuals with limited English proficiency. (D) Rule of construction Nothing in this section shall be construed to prevent an eligible individual from electing to have counsel present during a meeting under subparagraph (A). (3) Eligibility for benefits Except with respect to an application for naturalization, an eligible individual in conditional permanent resident status shall be considered to be an alien lawfully admitted for permanent residence for purposes of the adjudication of an application or petition for a benefit or the receipt of a benefit. (4) Notification of requirements Not later than 90 days after the date on which the status of an eligible individual is adjusted to that of conditional permanent resident status, the Secretary of Homeland Security shall provide notice to the eligible individual with respect to the provisions of— (A) this section; (B) paragraph (1) (relating to the conduct of assessments); and (C) paragraph (2) (relating to periodic nonadversarial meetings). (d) Application for naturalization The Secretary of Homeland Security shall establish procedures by which an eligible individual may be considered for naturalization concurrently with the removal of the conditions on his or her permanent resident status under subsection (b)(2). (e) Guidance (1) Interim guidance (A) In general Not later than 60 days after the date of the enactment of this Act, the Secretary of Homeland Security shall issue guidance implementing this section. (B) Publication Notwithstanding section 553 of title 5, United States Code, guidance issued pursuant to subparagraph (A)— (i) may be published on the internet website of the Department of Homeland Security; and (ii) shall be effective on an interim basis immediately upon such publication but may be subject to change and revision after notice and an opportunity for public comment. (2) Final guidance (A) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall finalize the guidance implementing this section. (B) Exemption from the administrative procedures act Chapter 5 Administrative Procedures Act (f) Asylum claims With respect to the adjudication of an application for asylum submitted by an eligible individual, section 2502(c) of the Extending Government Funding and Delivering Emergency Assistance Act ( 8 U.S.C. 1101 Public Law 117–43 (g) Prohibition on fees The Secretary of Homeland Security may not charge a fee to any eligible individual in connection with the initial issuance under this section of— (1) a document evidencing status as an alien lawfully admitted for permanent residence; or (2) an employment authorization document. (h) Eligibility for benefits (1) In general Notwithstanding any other provision of law— (A) an individual described in subsection (a) of section 2502 of the Afghanistan Supplemental Appropriations Act, 2022 ( 8 U.S.C. 1101 Public Law 117–43 (B) such benefits and services shall remain available to the individual to the same extent and for the same periods of time as such benefits and services are otherwise available to refugees who acquire such status. (2) Exception from five-year limited eligibility for means-tested public benefits Section 403(b)(1) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ( 8 U.S.C. 1613(b)(1) (F) An alien who status is adjusted to that of an alien lawfully admitted for permanent residence under section 4 of the Ensuring American Security and Protecting Afghan Allies Act . (i) Rule of construction Nothing in this section may be construed to preclude an eligible individual from applying for or receiving any immigration benefit to which the eligible individual is otherwise entitled. (j) Authorization for appropriations There is authorized to be appropriated to the Secretary of Homeland Security $20,000,000 for each of the fiscal years 2024 through 2028 to carry out this section. 5. Interagency Task Force on Afghan Ally Strategy (a) Establishment Not later than 180 days after the date of the enactment of this Act, the President shall establish an Interagency Task Force on Afghan Ally Strategy (referred to in this section as the Task Force (1) to develop and oversee the implementation of the strategy and contingency plan described in subsection (d)(1)(A); and (2) to submit the report, and provide a briefing on the report, as described in subsection (d). (b) Membership (1) In general The Task Force shall include— (A) 1 or more representatives from each relevant Federal agency, as designated by the head of the applicable relevant Federal agency; and (B) any other Federal Government official designated by the President. (2) Defined term In this subsection, the term relevant Federal agency (A) the Department of State; (B) the Department Homeland Security; (C) the Department of Defense; (D) the Department of Health and Human Services; (E) the Federal Bureau of Investigation; and (F) the Office of the Director of National Intelligence. (c) Chair The Task Force shall be chaired by the Secretary of State. (d) Duties (1) Report (A) In general Not later than 180 days after the date on which the Task Force is established, the Task Force, acting through the chair of the Task Force, shall submit a report to the appropriate committees of Congress that includes— (i) a strategy for facilitating the resettlement of nationals of Afghanistan outside the United States who, during the period beginning on October 1, 2001, and ending on September 1, 2021, directly and personally supported the United States mission in Afghanistan, as determined by the Secretary of State in consultation with the Secretary of Defense; and (ii) a contingency plan for future emergency operations in foreign countries involving foreign nationals who have worked directly with the United States Government, including the Armed Forces of the United States and United States intelligence agencies. (B) Elements The report required under subparagraph (A) shall include— (i) the total number of nationals of Afghanistan who have pending specified applications, disaggregated by— (I) such nationals in Afghanistan and such nationals in a third country; (II) type of specified application; and (III) applications that are documentarily complete and applications that are not documentarily complete; (ii) an estimate of the number of nationals of Afghanistan who may be eligible for special immigrant status under section 107 or an amendment made by such section; (iii) with respect to the strategy required under subparagraph (A)(i)— (I) the estimated number of nationals of Afghanistan described in such subparagraph; (II) a description of the process for safely resettling such nationals; (III) a plan for processing such nationals of Afghanistan for admission to the United States, that— (aa) discusses the feasibility of remote processing for such nationals of Afghanistan residing in Afghanistan; (bb) includes any strategy for facilitating refugee and consular processing for such nationals of Afghanistan in third countries, and the timelines for such processing; (cc) includes a plan for conducting rigorous and efficient vetting of all such nationals of Afghanistan for processing; (dd) discusses the availability and capacity of sites in third countries to process applications and conduct any required vetting for such nationals of Afghanistan, including the potential to establish additional sites; and (ee) includes a plan for providing updates and necessary information to affected individuals and relevant nongovernmental organizations; (IV) a description of considerations, including resource constraints, security concerns, missing or inaccurate information, and diplomatic considerations, that limit the ability of the Secretary of State or the Secretary of Homeland Security to increase the number of such nationals of Afghanistan who can be safely processed or resettled; (V) an identification of any resource or additional authority necessary to increase the number of such nationals of Afghanistan who can be processed or resettled; (VI) an estimate of the cost to fully implement the strategy; and (VII) any other matter the Task Force considers relevant to the implementation of the strategy; and (iv) with respect to the contingency plan required by subparagraph (A)(ii)— (I) a description of the standard practices for screening and vetting foreign nationals considered to be eligible for resettlement in the United States, including a strategy for vetting, and maintaining the records of, such foreign nationals who are unable to provide identification documents or biographic details due to emergency circumstances; (II) a strategy for facilitating refugee or consular processing for such foreign nationals in third countries; (III) clear guidance with respect to which Federal agency has the authority and responsibility to coordinate Federal resettlement efforts; (IV) a description of any resource or additional authority necessary to coordinate Federal resettlement efforts, including the need for a contingency fund; and (V) any other matter the Task Force considers relevant to the implementation of the contingency plan. (C) Form The report required under subparagraph (A) shall be submitted in unclassified form, but may include a classified annex. (2) Briefing Not later than 60 days after submitting the report required by paragraph (1), the Task Force shall brief the appropriate committees of Congress on the contents of the report. (e) Termination The Task Force shall remain in effect until the earlier of— (1) the date on which the strategy required under subsection (d)(1)(A)(i) has been fully implemented; or (2) the date that is 3 years after the date of the enactment of this Act. 6. Supporting at-risk Afghan allies and relatives of certain members of the Armed Forces (a) Designation of at-Risk Afghan allies as Priority 2 refugees (1) Definition of at-risk Afghan ally (A) In general In this subsection, the term at-risk Afghan ally (i) is a citizen or national of Afghanistan; (ii) was— (I) a member of— (aa) the special operations forces of the Afghanistan National Defense and Security Forces; (bb) the Afghanistan National Army Special Operations Command; (cc) the Afghan Air Force; or (dd) the Special Mission Wing of Afghanistan; (II) a female member of any other entity of the Afghanistan National Defense and Security Forces, including— (aa) a cadet or instructor at the Afghanistan National Defense University; and (bb) a civilian employee of the Ministry of Defense or the Ministry of Interior Affairs; (III) an individual associated with former Afghan military and police human intelligence activities, including operators and Department of Defense sources; (IV) an individual associated with former Afghan military counterintelligence; (V) an individual associated with the former Afghan Ministry of Defense who was involved in the prosecution and detention of combatants; or (VI) a senior military officer, senior enlisted personnel, or civilian official who served on the staff of the former Ministry of Defense or the former Ministry of Interior Affairs of Afghanistan; and (iii) provided service to an entity or organization described in clause (ii) for not less than 1 year during the period beginning on December 22, 2001, and ending on September 1, 2021, and did so in support of the United States mission in Afghanistan. (B) Inclusions For purposes of this paragraph, the Afghanistan National Defense and Security Forces includes members of the security forces under the Ministry of Defense and the Ministry of Interior Affairs of the Islamic Republic of Afghanistan, including the Afghanistan National Army, the Afghan Air Force, the Afghanistan National Police, and any other entity designated by the Secretary of Defense as part of the Afghanistan National Defense and Security Forces during the relevant period of service of the applicant concerned. (2) Designation The Secretary of State, in consultation with the Secretary of Homeland Security, shall designate, as Priority 2 refugees of special humanitarian concern, at-risk Afghan allies. (3) At-risk Afghan allies referral program (A) In general Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall establish a process by which an individual may apply to the Secretary for classification as an at-risk Afghan ally and request a referral to the United States Refugee Admissions Program as a Priority 2 refugee. (B) Application system The process established under subparagraph (A) shall— (i) include the development and maintenance of a secure online portal through which applicants may provide information verifying their status as at-risk Afghan allies and upload supporting documentation; and (ii) allow— (I) an applicant to submit his or her own application; and (II) a designee of an applicant to submit an application on behalf of the applicant. (C) Review process As soon as practicable after receiving a request for classification and referral described in subparagraph (A), the Secretary of Defense shall— (i) review— (I) the service record of the applicant, if available; (II) if the applicant provides a service record or other supporting documentation, any information that helps verify the service record concerned, including information or an attestation provided by any current or former official of the Department of Defense who has personal knowledge of the eligibility of the applicant for such classification and referral; and (III) the data holdings of the Department of Defense and other cooperating interagency partners, including biographic and biometric records, iris scans, fingerprints, voice biometric information, hand geometry biometrics, other identifiable information, and any other information related to the applicant, including relevant derogatory information; and (ii) (I) in a case in which the Secretary of Defense determines that the applicant is an at-risk Afghan ally, refer the at-risk Afghan ally to the United States Refugee Admissions Program as a Priority 2 refugee; and (II) include with such referral any significant derogatory information regarding the at-risk Afghan ally. (D) Personnel to support recommendations Any limitation in law with respect to the number of personnel within the Office of the Secretary of Defense, the military departments, or the defense agencies shall not apply to personnel employed for the primary purpose of carrying out this paragraph. (E) Review process for denial of request for referral (i) In general In the case of an applicant with respect to whom the Secretary of Defense denies a request for classification and referral based on a determination that the applicant is not an at-risk Afghan ally or based on derogatory information— (I) the Secretary shall provide the applicant with a written notice of the denial that provides, to the maximum extent practicable, a description of the basis for the denial, including the facts and inferences, or evidentiary gaps, underlying the individual determination; and (II) the applicant shall be provided an opportunity to submit not more than 1 written appeal to the Secretary for each such denial. (ii) Deadline for appeal An appeal under subclause (II) of clause (i) shall be submitted— (I) not more than 120 days after the date on which the applicant concerned receives notice under subclause (I) of that clause; or (II) on any date thereafter, at the discretion of the Secretary of Defense. (iii) Request to reopen (I) In general An applicant who receives a denial under clause (i) may submit a request to reopen a request for classification and referral under the process established under subparagraph (A) so that the applicant may provide additional information, clarify existing information, or explain any unfavorable information. (II) Limitation After considering 1 such request to reopen from an applicant, the Secretary of Defense may deny subsequent requests to reopen submitted by the same applicant. (b) Special immigrant visas for certain relatives of certain members of the armed forces Section 101(a)(27) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(27) (1) in subparagraph (L)(iii), by adding a semicolon at the end; (2) in subparagraph (M), by striking the period at the end and inserting ; and (3) by adding at the end the following: (N) a citizen or national of Afghanistan who is the parent or brother or sister of— (i) a member of the armed forces (as defined in section 101(a) of title 10, United States Code); or (ii) a veteran (as defined in section 101 of title 38, United States Code). . (c) General provisions (1) Prohibition on fees The Secretary of Homeland Security, the Secretary of Defense, or the Secretary of State may not charge any fee in connection with a request for a classification and referral as a refugee or an application for, or issuance of, a special immigrant visa or special immigrant status under— (A) this section or an amendment made by this section; (B) section 602 of the Afghan Allies Protection Act of 2009 ( 8 U.S.C. 1101 Public Law 111–8 (C) section 1059 of the National Defense Authorization Act for Fiscal Year 2006 ( 8 U.S.C. 1101 Public Law 109–163 (2) Representation An alien applying for admission to the United States under this section, or an amendment made by this section, may be represented during the application process, including at relevant interviews and examinations, by an attorney or other accredited representative. Such representation shall not be at the expense of the United States Government. (3) Numerical limitations (A) In general Subject to subparagraph (C), the total number of principal aliens who may be provided special immigrant visas under this section may not exceed 2,500 each fiscal year. (B) Carryover If the numerical limitation specified in subparagraph (A) is not reached during a given fiscal year, the numerical limitation specified in such subparagraph for the following fiscal year shall be increased by a number equal to the difference between— (i) the numerical limitation specified in subparagraph (A) for the given fiscal year; and (ii) the number of principal aliens provided special immigrant visas under this section during the given fiscal year. (C) Maximum number of visas The total number of aliens who may be provided special immigrant visas under this section shall not exceed 10,000. (D) Duration of authority The authority to issue visas under this section shall— (i) commence on the date of the enactment of this Act; and (ii) terminate on the date on which all such visas are exhausted. (4) Protection of aliens The Secretary of State, in consultation with the head of any other appropriate Federal agency, shall make a reasonable effort to provide an alien who is seeking status as a special immigrant or requesting classification and referral as a refugee under this section, or an amendment made by this section, protection or to immediately remove such alien from Afghanistan, if possible. (5) Other eligibility for immigrant status No alien shall be denied the opportunity to apply for admission under this section, or an amendment made by this section, solely because the alien qualifies as an immediate relative or is eligible for any other immigrant classification. (6) Resettlement support A citizen or national of Afghanistan who is admitted to the United States as a special immigrant under this section or an amendment made by this section shall be eligible for resettlement assistance, entitlement programs, and other benefits available to refugees admitted under section 207 of such Act ( 8 U.S.C. 1157 (7) Adjustment of status for special immigrants in certain circumstances Notwithstanding paragraph (2), (7), or (8) of subsection (c) of section 245 of the Immigration and Nationality Act ( 8 U.S.C. 1255 8 U.S.C. 1101(a)(27) (A) was— (i) paroled into the United States during the period beginning on July 30, 2021, and ending on the date of enactment of this Act, provided that such parole has not been terminated by the Secretary of Homeland Security upon written notice; or (ii) admitted as a nonimmigrant into the United States; and (B) is otherwise eligible for status as a special immigrant under— (i) this section; or (ii) the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. (8) Authorization of appropriations There are authorized to be appropriated to the Secretary of Homeland Security, the Secretary of State, the Secretary of Defense, and the Secretary of Health and Human Services such sums as are necessary for each of the fiscal years 2024 through 2034 to carry out this section and the amendments made by this section. 7. Support for allies seeking resettlement in the United States Notwithstanding any other provision of law, during Operation Allies Welcome, Enduring Welcome, and any successor operation, the Secretary of Homeland Security and the Secretary of State may waive any fee or surcharge or exempt individuals from the payment of any fee or surcharge collected by the Department of Homeland Security and the Department of State, respectively, in connection with a petition or application for, or issuance of, an immigrant visa to a national of Afghanistan under section 201(b)(2)(A)(i) or 203(a) of the Immigration and Nationality Act, 8 U.S.C. 1101(b)(2)(A)(i) 8. Parole reform (a) In general Section 212(d)(5) of the Immigration and Nationality Act ( 8 U.S.C. 1182(d)(5) (5) (A) Except as provided in subparagraphs (B) and (C) and section 214(f), the Secretary of Homeland Security, in the discretion of the Secretary, may temporarily parole into the United States any alien applying for admission to the United States who is not present in the United States, under such conditions as the Secretary may prescribe, on a case-by-case basis, and not according to eligibility criteria describing an entire class of potential parole recipients, for urgent humanitarian reasons or significant public benefit. Parole granted under this subparagraph may not be regarded as an admission of the alien. When the purposes of such parole have been served in the opinion of the Secretary, the alien shall immediately return or be returned to the custody from which the alien was paroled. After such return, the case of the alien shall be dealt with in the same manner as the case of any other applicant for admission to the United States. (B) The Secretary of Homeland Security may grant parole to any alien who— (i) is present in the United States without lawful immigration status; (ii) is the beneficiary of an approved petition under section 203(a); (iii) is not otherwise inadmissible or removable; and (iv) is the spouse or child of a member of the Armed Forces serving on active duty. (C) The Secretary of Homeland Security may grant parole to any alien— (i) who is a national of the Republic of Cuba and is living in the Republic of Cuba; (ii) who is the beneficiary of an approved petition under section 203(a); (iii) for whom an immigrant visa is not immediately available; (iv) who meets all eligibility requirements for an immigrant visa; (v) who is not otherwise inadmissible; and (vi) who is receiving a grant of parole in furtherance of the commitment of the United States to the minimum level of annual legal migration of Cuban nationals to the United States specified in the U.S.–Cuba Joint Communiqué on Migration, done at New York September 9, 1994, and reaffirmed in the Cuba-United States: Joint Statement on Normalization of Migration, Building on the Agreement of September 9, 1994, done at New York May 2, 1995. (D) For purposes of determining an alien's eligibility for parole under subparagraph (A), an urgent humanitarian reason shall be limited to circumstances in which the alien establishes that— (i) (I) the alien has a medical emergency; and (II) (aa) the alien cannot obtain necessary treatment in the foreign state in which the alien is residing; or (bb) the medical emergency is life-threatening and there is insufficient time for the alien to be admitted through the normal visa process; (ii) the alien is the parent or legal guardian of an alien described in clause (i) and the alien described in clause (i) is a minor; (iii) the alien is needed in the United States in order to donate an organ or other tissue for transplant and there is insufficient time for the alien to be admitted through the normal visa process; (iv) the alien has a close family member in the United States whose death is imminent and the alien could not arrive in the United States in time to see such family member alive if the alien were to be admitted through the normal visa process; (v) the alien is seeking to attend the funeral of a close family member and the alien could not arrive in the United States in time to attend such funeral if the alien were to be admitted through the normal visa process; (vi) the alien is an adopted child with an urgent medical condition who is in the legal custody of the petitioner for a final adoption-related visa and whose medical treatment is required before the expected award of a final adoption-related visa; or (vii) the alien is a lawful applicant for adjustment of status under section 245 and is returning to the United States after temporary travel abroad. (E) For purposes of determining an alien's eligibility for parole under subparagraph (A), a significant public benefit may be determined to result from the parole of an alien only if— (i) the alien has assisted (or will assist, whether knowingly or not) the United States Government in a law enforcement matter; (ii) the alien’s presence is required by the Government in furtherance of such law enforcement matter; and (iii) the alien is inadmissible, does not satisfy the eligibility requirements for admission as a nonimmigrant, or there is insufficient time for the alien to be admitted through the normal visa process. (F) For purposes of determining an alien's eligibility for parole under subparagraph (A), the term case-by-case basis case-by-case basis (G) The Secretary of Homeland Security may not use the parole authority under this paragraph to parole an alien into the United States for any reason or purpose other than those described in subparagraphs (B), (C), (D), and (E). (H) An alien granted parole may not accept employment, except that an alien granted parole pursuant to subparagraph (B) or (C) is authorized to accept employment for the duration of the parole, as evidenced by an employment authorization document issued by the Secretary of Homeland Security. (I) Parole granted after a departure from the United States shall not be regarded as an admission of the alien. An alien granted parole, whether as an initial grant of parole or parole upon reentry into the United States, is not eligible to adjust status to lawful permanent residence or for any other immigration benefit if the immigration status the alien had at the time of departure did not authorize the alien to adjust status or to be eligible for such benefit. (J) (i) Except as provided in clauses (ii) and (iii), parole shall be granted to an alien under this paragraph for the shorter of— (I) a period of sufficient length to accomplish the activity described in subparagraph (D) or (E) for which the alien was granted parole; or (II) 1 year. (ii) Grants of parole pursuant to subparagraph (A) may be extended once, in the discretion of the Secretary, for an additional period that is the shorter of— (I) the period that is necessary to accomplish the activity described in subparagraph (D) or (E) for which the alien was granted parole; or (II) 1 year. (iii) Aliens who have a pending application to adjust status to permanent residence under section 245 may request extensions of parole under this paragraph, in 1-year increments, until the application for adjustment has been adjudicated. Such parole shall terminate immediately upon the denial of such adjustment application. (K) Not later than 90 days after the last day of each fiscal year, the Secretary of Homeland Security shall submit to the Committee on the Judiciary of the Senate Committee on the Judiciary of the House of Representatives (i) identifying the total number of aliens paroled into the United States under this paragraph during the previous fiscal year; and (ii) containing information and data regarding all aliens paroled during such fiscal year, including— (I) the duration of parole; (II) the type of parole; and (III) the current status of the aliens so paroled. . (b) Implementation (1) In general Except as provided in paragraph (2), this section and the amendments made by this section shall take effect on the date that is 30 days after the date of the enactment of this Act. (2) Exceptions Notwithstanding paragraph (1)— (A) any application for parole or advance parole filed by an alien before the date of the enactment of this Act shall be adjudicated under the law that was in effect on the date on which the application was properly filed and any approved advance parole shall remain valid under the law that was in effect on the date on which the advance parole was approved; (B) section 212(d)(5)(I) of the Immigration and Nationality Act, as added by subsection (a), shall take effect on the date of the enactment of this Act; and (C) aliens who were paroled into the United States pursuant to section 212(d)(5)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1182(d)(5)(A) (c) Cause of action Any person, State, or local government that experiences financial harm in excess of $1,000 due to a failure of the Federal Government to lawfully apply the provisions of this section or the amendments made by this section shall have standing to bring a civil action against the Federal Government in an appropriate district court of the United States. 9. Severability If any provision of this title, or the application of such provision to any person or circumstance, is held to be unconstitutional, the remainder of this title, and the application of the remaining provisions of this title to any person or circumstance, shall not be affected.

Ensuring American Security and Protecting Afghan Allies Act

New Markets Tax Credit Extension Act of 2023 This bill makes the new markets tax credit permanent. It also modifies the credit to (1) provide for an inflation adjustment to the limitation amount for the credit after 2023, and (2) allow an offset against the alternative minimum tax for the credit (determined with respect to qualified equity investments initially made after 2022).

118 S234 IS: New Markets Tax Credit Extension Act of 2023 U.S. Senate 2023-02-02 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 234 IN THE SENATE OF THE UNITED STATES February 2, 2023 Mr. Cardin Mr. Daines Ms. Cantwell Mr. Scott of South Carolina Mr. Schumer Mr. Cassidy Mr. Menendez Mrs. Blackburn Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to permanently extend the new markets tax credit, and for other purposes. 1. Short title This Act may be cited as the New Markets Tax Credit Extension Act of 2023 2. Permanent extension of new markets tax credit (a) Extension (1) In general Subparagraph (H) of section 45D(f)(1) for each of calendar years 2020 through 2025 calendar year 2020 and each calendar year thereafter (2) Conforming amendment Section 45D(f)(3) of such Code is amended by striking the last sentence. (b) Inflation adjustment Subsection (f) of section 45D (4) Inflation adjustment (A) In general In the case of any calendar year beginning after 2023, the dollar amount in paragraph (1)(H) shall be increased by an amount equal to— (i) such dollar amount, multiplied by (ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year, determined by substituting calendar year 2000 calendar year 2016 (B) Rounding rule Any increase under subparagraph (A) which is not a multiple of $1,000,000 shall be rounded to the nearest multiple of $1,000,000. . (c) Alternative minimum tax relief Subparagraph (B) of section 38(c)(4) (1) by redesignating clauses (vii) through (xii) as clauses (viii) through (xiii), respectively, and (2) by inserting after clause (vi) the following new clause: (vii) the credit determined under section 45D, but only with respect to credits determined with respect to qualified equity investments (as defined in section 45D(b)) initially made after December 31, 2022, . (d) Effective dates (1) In general Except as provided in paragraph (2), the amendments made by this section shall apply to taxable years beginning after December 31, 2022. (2) Alternative minimum tax relief The amendments made by subsection (c) shall apply to credits determined with respect to qualified equity investments (as defined in section 45D(b)

New Markets Tax Credit Extension Act of 2023

Pediatricians Accelerate Childhood Therapies Act of 2023 This bill requires the National Institutes of Health (NIH) to make awards to support early-career pediatric researchers. It also provides statutory authority for the NIH Pediatric Research Consortium to coordinate pediatric research across national health research institutions.

118 S2345 IS: Pediatricians Accelerate Childhood Therapies Act of 2023 U.S. Senate 2023-07-18 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 2345 IN THE SENATE OF THE UNITED STATES July 18, 2023 Ms. Ernst Mr. Coons Committee on Health, Education, Labor, and Pensions A BILL To amend the Public Health Service Act to authorize the Director of the National Institutes of Health to make awards to outstanding scientists, including physician-scientists, to support researchers focusing on pediatric research, including basic, clinical, translational, or pediatric pharmacological research, and for other purposes. 1. Short title This Act may be cited as the Pediatricians Accelerate Childhood Therapies Act of 2023 2. Trans-NIH Awards for Early-Career Pediatric Researchers Part G of title IV of the Public Health Service Act ( 42 U.S.C. 288 et seq. 489A. Trans-NIH Awards for Early-Career Pediatric Researchers (a) In general The Director of the NIH shall make awards to public and nonprofit entities to support outstanding scientists, including physician-scientists, to support early-career researchers focusing on pediatric research, including basic, clinical, translational, or pediatric pharmacological research. (b) Priority research populations In carrying out subsection (a), the Director of NIH may prioritize the issuance of awards to— (1) individual researchers at institutions described in subsection (a) presenting qualifying applications and representing populations that have been historically underrepresented in pediatric medical research, including women and underrepresented racial minorities; or (2) institutions of higher education that are eligible to receive funds under part A or B of title III of the Higher Education Act of 1965, part A or B of title V of such Act, or subpart 4 of part A of title VII of such Act, or research institutions partnering with such institutions of higher education to offer programs to support early-career pediatric researchers. (c) Priority research topic areas In carrying out subsection (a), the Director of NIH, in consultation with the Director of the Eunice Kennedy Shriver National Institute of Child Health and Human Development and the directors of other national research institutes and national centers that participate within the NIH Pediatric Research Consortium, shall— (1) establish priority research topic areas, informed by external stakeholders, including research institutions, professional societies, patient advocacy organizations, and the private sector; and (2) consider opportunities to align such priority pediatric research topic areas with current and future priorities of the National Institutes of Health, including— (A) pediatric and adolescent mental and behavioral health, including addiction medicine; (B) childhood cancer; (C) precision medicine, genetics, and genomics; (D) rare diseases and disorders, such as sickle cell disease, and other diseases and disorders with significant unmet training needs; and (E) fetal, placental, and neonatal development. (d) Requirements The Director of NIH— (1) shall require recipients of awards under this section to use such awards to support pediatric research activities, including costs associated with laboratory staff and other costs associated with the conduct of research; and (2) may allow recipients of awards under this section to use such awards for costs associated with receiving guidance and training from senior researchers and mentors, as necessary to help such recipients reach a state of research independence, including conferences and other meeting participation. (e) Supplement, not supplant Awards made under this section shall be used to supplement, and not supplant, other funding for pediatric research and pediatric training. . 3. NIH Pediatric Research Consortium Title IV of the Public Health Service is amended by inserting after section 409D ( 42 U.S.C. 284h 409D–1. NIH Pediatric Research Consortium (a) Establishment The Director of NIH shall establish and maintain a consortium to be known as the NIH Pediatric Research Consortium (in this sections referred to as the Consortium (b) Membership The members of the Consortium shall consist of representatives of multiple national research institutes and national centers. (c) Chair The Chair of the Consortium shall be the Director of the Eunice Kennedy Shriver National Institute of Child Health and Human Development (or the Director’s designee). (d) Duties In coordinating pediatric research programs across the National Institutes of Health, the Consortium shall— (1) establish new or confirm existing National Institutes of Health pediatric research priorities, including priorities involving multiple national research institutes or national centers; (2) identify gaps and opportunities for research collaborations involving multiple national research institutes and national centers; and (3) identify opportunities to develop the next generation of pediatric researchers. (e) Consultation The Consortium shall consult regularly with external experts in the field of pediatric research, including children’s hospitals, children’s research institutions, patient organizations, and other stakeholders. (f) Reporting Beginning one year after the date of enactment of the Pediatricians Accelerate Childhood Therapies Act of 2023 (1) any research project involving pediatrics and involving more than one national research institute or national center that was supported during the review period; (2) any strategic initiatives that include proposed research activities focused on pediatrics; (3) career development awards supporting early-career researchers focused in pediatrics, including specific numbers of awards and amount of funding, made during the review period; (4) details on the composition of awards supporting early-career researchers, including deidentified, aggregate demographic data indicating the proportion of early-career researchers supported by the awards who are from populations that have been underrepresented in pediatric medical research; and (5) such other information as the Director of NIH determines appropriate. .

Pediatricians Accelerate Childhood Therapies Act of 2023

Jimmy Deal Trafficking Survivors Assistance Act of 2023This bill requires the Transportation Security Administration (TSA) to provide air travel assistance for survivors of human trafficking who do not have the identification documents necessary for air travel.Specifically, the TSA must establish the position of Trafficking Survivor Point of Contact (TSPoC) at every TSA screening airport. The TSPoC must liaise and establish relationships with service providers and provide air travel assistance for survivors of human trafficking.The TSPoC must provide information to an eligible service provider and assist the provider or the individual (who does not have the identification documents necessary for air travel) throughout the vetting process, travel, and arrival at the destination airport. The bill directs a TSPoC to follow specific procedures.Under the bill, a service provider is a nonprofit organization that provides services to individuals who are victims of human trafficking, including (1) emergency services, such as shelter, food, clothing, and transportation; (2) case management or wraparound services; (3) mental health care or other medical services; and (4) legal services. 

118 S2349 IS: Jimmy Deal Trafficking Survivors Assistance Act of 2023 U.S. Senate 2023-07-18 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 2349 IN THE SENATE OF THE UNITED STATES July 18, 2023 Ms. Cortez Masto Mr. Moran Committee on Commerce, Science, and Transportation A BILL To assist trafficking survivors who lack government issued identification in accessing air travel, and for other purposes. 1. Short title This Act may be cited as the Jimmy Deal Trafficking Survivors Assistance Act of 2023 2. Definitions In this Act: (1) Administration The term Administration (2) Administrator The term Administrator (3) Airport The term airport air carrier airport (4) Human trafficking The term human trafficking 22 U.S.C. 7102 (5) Responsible party The term responsible party (6) Service provider The term service provider (A) emergency services, such as shelter, food, clothing, and transportation; (B) case management or wrap-around services; (C) mental health care or other medical services; and (D) legal services. (7) TSPoC The term TSPoC 3. Establishment of process to assist trafficking survivors with air travel (a) In general Not later than 1 year after the date of the enactment of this Act, the Administrator of the Transportation Security Administration shall at each airport where the Administration conducts screening of passengers and property in accordance with section 44901 of title 49, United States Code— (1) establish the position of Trafficking Survivor Point of Contact; and (2) designate as TSPoC an individual who— (A) is an employee of the Administration; and (B) holds the position of passenger support specialist within the Administration. (b) Duties A TSPoC shall— (1) liaise and establish relationships with service providers; and (2) upon a request made via TSA Cares or direct contact by a service provider that is eligible to receive assistance under section 4, provide air travel assistance as described in section 4. (c) Training (1) In general Not later than 30 days after the designation of a TSPoC under subsection (a), such TSPoC shall review training materials on human trafficking, trauma-informed approaches to working with survivors of sexual assault or violence, and post traumatic stress disorder made available by the Department of Homeland Security, including any such training materials made available on a website of the Department. (2) Prior training The review of training materials required by paragraph (1) shall be in addition to any prior training provided by the Administration. (d) Online information Not later than 30 days after the designation of a TSPoC under subsection (a), the airport at which such TSPoC is stationed shall publish on a publicly available website of the airport— (1) the contact information of the TSPoC; (2) information on the services provided by the TPSoC; and (3) the processes for engaging such services, including information about TSA Cares. 4. Air travel assistance for survivors of human trafficking (a) Identification assistance At the request of any service provider that is eligible to receive assistance under this section and is arranging air travel for an individual who is a survivor of human trafficking who does not have the identification documents necessary for air travel, a TPSoC shall— (1) provide to such service provider information regarding the process by which the Administration will attempt to verify the identity of such individual when the individual arrives at the screening checkpoint; (2) assist the service provider or the individual with the submission of a formal request for travel assistance via TSA Cares; and (3) act as a liaison between the National Vetting Center, other personnel of the Administration involved in the vetting process, and the individual to ensure that the individual— (A) understands the vetting process; and (B) is treated in a trauma-informed manner. (b) Eligible non-Profit service providers A service provider shall be eligible to receive assistance under this section, if such service provider has provided to the TSPoC— (1) not fewer than 30 days prior to submitting a request for assistance under this section, information with respect to such service provider, including— (A) the name of the service provider; (B) the physical address of the main office or principal place of business of the service provider; (C) the telephone number of the service provider; (D) the website, if available, of the service provider; and (E) the employer identification number of the service provider; and (2) confirmation that the service provider— (A) is actively assisting an individual who the service provider, in the professional judgment of the service provider, has reasonably determined to be a survivor of human trafficking; (B) has assessed the travel needs of the individual; (C) has or will purchase an airline ticket for the individual, if necessary; (D) has arranged for a family member of the individual, a representative of a service provider, or another individual to meet the individual at the destination airport; (E) with respect to any minor receiving assistance from such service provider, is aware of and will comply with all relevant airline policies regarding travel for unaccompanied minors, including by— (i) paying any fees required by such airline; and (ii) ensuring that a responsible party greets the minor at the arrival gate of the destination airport; and (F) will assist the individual in providing to the National Vetting Service any available information or documentation necessary to verify the identify of the individual. (c) Travel procedures (1) Arrangements prior to departure If the Administrator permits an individual who is a survivor of human trafficking to travel by air— (A) the TSPoC shall contact the TSPoC at the destination of the individual to arrange for such individual to be greeted by the TSPoC, or a designee, at the destination airport; and (B) on the date of the departing flight of the individual, the TSPoC, or a designee, shall accompany the individual— (i) through all security screenings at the airport; and (ii) at the request of the individual, to the departure gate of the flight. (2) Arrival at destination airport Upon the arrival at the destination airport of an individual whose travel was arranged under paragraph (1), the TSPoC, or a designee, at such airport shall meet the individual at the arrival gate and accompany the individual to a representative from a service provider in the receiving community, a family member of the individual, or such other individual designated by the applicable service provider.

Jimmy Deal Trafficking Survivors Assistance Act of 2023

Healthy Indoor Air Act of 2023 This bill establishes energy efficiency standards for consumer room air cleaners under the Energy Policy and Conservation Act (EPCA). The bill defines consumer room air cleaners as cleaners that (1) are portable or wall-mounted (fixed) units; (2) plug into an electrical outlet; (3) operate with a fan for air circulation; and (4) contain a means to remove, destroy, or deactivate particulates. The bill enumerates energy efficiency standards for air cleaners manufactured on December 31, 2023–December 30, 2025, as well as air cleaners manufactured on or after December 31, 2025. It also prescribes procedures to test the energy efficiency of air cleaners. Energy efficiency labeling requirements apply to air cleaners beginning on December 31, 2023.

118 S235 IS: Healthy Indoor Air Act of 2023 U.S. Senate 2023-02-02 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 235 IN THE SENATE OF THE UNITED STATES February 2, 2023 Mrs. Shaheen Committee on Energy and Natural Resources A BILL To amend the Energy Policy and Conservation Act to provide that consumer room air cleaners are covered products to which certain energy conservation standards apply, and for other purposes. 1. Short title This Act may be cited as the Healthy Indoor Air Act of 2023 2. Definitions Section 321 of the Energy Policy and Conservation Act ( 42 U.S.C. 6291 (67) Consumer room air cleaner (A) In general The term consumer room air cleaner (i) is an electrically powered, self-contained, mechanically encased assembly; and (ii) contains means to remove, destroy, or deactivate particulates, volatile organic compounds, or microorganisms from the air. (B) Inclusions The term consumer room air cleaner (i) conventional room air cleaners; and (ii) miscellaneous room air cleaners. (C) Exclusions The term consumer room air cleaner (i) a central air conditioner, room air conditioner, portable air conditioner, dehumidifier, or furnace (as those terms are defined in section 430.2 of title 10, Code of Federal Regulations (as in effect on the date of enactment of this paragraph)); or (ii) a duct type device. (68) Conventional room air cleaner The term conventional room air cleaner (A) is a portable or wall-mounted (fixed) unit; (B) plugs into an electrical outlet; (C) operates with a fan for air circulation; and (D) contains a means to remove, destroy, or deactivate particulates. (69) Duct type device The term duct type device (A) is designed and marketed exclusively for use in and at adjoining ducts, including the plenum, of heating, air conditioning, and ventilating systems; and (B) is either cord-and-plug connected or permanently connected to the electrical supply source. (70) Miscellaneous room air cleaner The term miscellaneous room air cleaner . 3. Coverage of consumer room air cleaners Section 322(a) of the Energy Policy and Conservation Act ( 42 U.S.C. 6292(a) (1) by redesignating paragraph (20) as paragraph (21); and (2) by inserting after paragraph (19) the following: (20) Consumer room air cleaners. . 4. Test procedures Section 323(b) of the Energy Policy and Conservation Act ( 42 U.S.C. 6293(b) (19) Conventional room air cleaners (A) For compliance with the standards under section 325(ii)(1), the test procedure shall be AHAM AC–7–2022, and section 6.2 of ANSI/AHAM AC–1–2020 for Dust CADR and section 5.2 of ANSI/AHAM AC–1–2020 for Smoke CADR may be applied for the calculation of PM 2.5 (B) For compliance with the standards under section 325(ii)(2), the test procedure shall be AHAM AC–7–2022. (C) When considering amended standards for conventional room air cleaners that replace the standards under section 325(ii)(2), the Secretary shall consider amending the test procedure to include measurement of automatic mode, if such an inclusion would improve the accuracy of energy use measurements. . 5. Labeling Section 324(a) of the Energy Policy and Conservation Act ( 42 U.S.C. 6294(a) (1) in paragraph (1), by striking and (8) through (12) (8) through (12), and (20) (2) in paragraph (5), by adding at the end the following: (D) The Commission shall not require compliance with labeling requirements under this section for conventional room air cleaners before December 31, 2025. . 6. Energy conservation standards Section 325 of the Energy Policy and Conservation Act ( 42 U.S.C. 6295 (1) in subsection (m)(4)(A)(i), by inserting consumer room air cleaners, with respect to (2) by redesignating subsection (ii) as subsection (jj); and (3) by inserting after subsection (hh) the following: (ii) Conventional room air cleaners (1) In general The following standards shall apply to conventional room air cleaners manufactured during the period beginning on December 31, 2023 and ending on December 30, 2025: (A) A conventional room air cleaner with a measured PM 2.5 2.5 (B) A conventional room air cleaner with a measured PM 2.5 2.5 (C) A conventional room air cleaner with a measured PM 2.5 2.5 (2) Subsequent standards The following standards shall apply to conventional room air cleaners manufactured on or after December 31, 2025: (A) A conventional room air cleaner with a measured PM 2.5 2.5 (B) A conventional room air cleaner with a measured PM 2.5 2.5 (C) A conventional room air cleaner with a measured PM 2.5 2.5 . 7. Preemption Subsection (jj) of section 325 of the Energy Policy and Conservation Act ( 42 U.S.C. 6295 (1) in paragraph (1), by striking ; and (2) in paragraph (2), by striking the period at the end and inserting ; and (3) by adding at the end the following: (3) beginning on December 31, 2023, to consumer room air cleaners, except that section 327(a)(1)(B) shall apply to consumer room air cleaners beginning on the date of enactment of this paragraph. . 8. Conforming amendments (a) Section 321(6)(B) of the Energy Policy and Conservation Act ( 42 U.S.C. 6291(6)(B) (20) (21) (b) Section 324 of the Energy Policy and Conservation Act ( 42 U.S.C. 6294 (20) (21) (c) Section 325 of the Energy Policy and Conservation Act ( 42 U.S.C. 6295 (20) (21) 9. Other air cleaners Nothing in this Act affects the authority of the Secretary of Energy to regulate air cleaners (as defined in section 430.2 of title 10 of the Code of Federal Regulations (as in effect on the date of enactment of this Act)), other than consumer room air cleaners (as defined in section 321 of the Energy Policy and Conservation Act ( 42 U.S.C. 6291

Healthy Indoor Air Act of 2023

Drug Shortage Prevention Act of 2023 This bill requires drug manufacturers to notify the Food and Drug Administration (FDA) if there is an increased demand, export restriction, or other circumstance that may result in a shortage of certain critical drugs. Currently, drug manufacturers are required to notify the FDA in the event of a discontinuation or interruption in the supply of prescription drugs that are life-supporting, life-sustaining, or used for a debilitating disease or condition, including those used in medical emergencies, surgeries, or public health emergencies. The bill requires drug manufacturers to also notify the FDA if there is an increased demand, export restriction, or other circumstance that may result in a meaningful shortfall or delay in meeting the demand for such drugs. Manufacturers must notify the FDA as soon as possible but no later than 10 days after the onset of the relevant circumstance. The notice must include the reasons for the increased demand, the expected duration, and any other information the FDA requires. The bill's requirements apply to both prescription and nonprescription drugs. Drug manufacturers must also report twice a year (rather than annually) information on the quantities of drugs produced; manufacturers must also provide the names of the suppliers of corresponding active ingredients.

118 S2362 IS: Drug Shortage Prevention Act of 2023 U.S. Senate 2023-07-18 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 2362 IN THE SENATE OF THE UNITED STATES July 18, 2023 Ms. Klobuchar Ms. Collins Ms. Smith Ms. Murkowski Ms. Warren Committee on Health, Education, Labor, and Pensions A BILL To amend the Federal Food, Drug, and Cosmetic Act to provide for notification by manufacturers of critical drugs of increased demand, and for other purposes. 1. Short title This Act may be cited as the Drug Shortage Prevention Act of 2023 2. Improving notification procedures in case of increased demand for critical drugs (a) In general Section 506C of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 356c (1) in the section heading, by striking Discontinuance or interruption in the production of life-saving drugs Notification of issues affecting domestic supply of critical drugs (2) by striking subsections (a), (b), and (c), and inserting the following: (a) Notification required (1) In general A manufacturer of a covered drug shall notify the Secretary, in accordance with subsection (b), of— (A) (i) a permanent discontinuance in the manufacture of the drug or an interruption of the manufacture of the drug that is likely to lead to a meaningful disruption in the supply of such drug in the United States; (ii) a permanent discontinuance in the manufacture of an active pharmaceutical ingredient of such drug, or an interruption in the manufacture of an active pharmaceutical ingredient of such drug that is likely to lead to a meaningful disruption in the supply of the active pharmaceutical ingredient of such drug; or (iii) any other circumstance, such as an increase in demand or export restriction, that is likely to leave the manufacturer unable to meet demand for the drug without a meaningful shortfall or delay; and (B) the reasons for such discontinuance, interruption, or other circumstance, if known. (2) Contents Notification under this subsection with respect to a covered drug shall include— (A) with respect to the reasons for the discontinuation, interruption, or other circumstance described in paragraph (1)(A)(iii), if an active pharmaceutical ingredient is a reason for, or risk factor in, such discontinuation, interruption, or other circumstance, the source of the active pharmaceutical ingredient and any alternative sources for the active pharmaceutical ingredient known to the manufacturer; (B) whether any associated device used for preparation or administration included in the drug is a reason for, or a risk factor in, such discontinuation, interruption, or other circumstance described in paragraph (1)(A)(iii); (C) the expected duration of the interruption; and (D) such other information as the Secretary may require. (b) Timing A notice required under subsection (a) shall be submitted to the Secretary— (1) at least 6 months prior to the date of the discontinuance or interruption; (2) in the case of such a notice with respect to a circumstance described in subsection (a)(1)(A)(iii), as soon as practicable, or not later than 10 business days after the onset of the circumstance; or (3) if compliance with paragraph (1) or (2) is not possible, as soon as practicable. (c) Distribution To the maximum extent practicable, the Secretary shall distribute, through such means as the Secretary determines appropriate, information on the discontinuance or interruption of the manufacture of, or other circumstance described in subsection (a)(1)(A)(iii) that is likely to lead to a shortage or meaningful disruption in the supply of, covered drugs to appropriate organizations, including physician, health provider, and patient organizations, as described in section 506E. ; (3) in subsection (g), in the matter preceding paragraph (1), by striking drug described in subsection (a) covered drug (4) in subsection (j), by striking drug described in subsection (a) covered drug (b) Definitions Paragraph (1) of section 506C(h) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 356c(h) (1) the term covered drug (A) is— (i) life-supporting; (ii) life-sustaining; or (iii) intended for use in the prevention or treatment of a debilitating disease or condition, including any such drug used in emergency medical care or during surgery or any such drug that is critical to the public health during a public health emergency declared by the Secretary under section 319 of the Public Health Service Act; (B) is not a radio pharmaceutical drug product or any other product as designated by the Secretary; and (C) is not a biological product (as defined in section 351(i) of the Public Health Service Act), unless otherwise provided by the Secretary in the regulations promulgated under subsection (i); . 3. Reporting on supply chains Section 510(j)(3)(A) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360(j)(3)(A) (1) by striking annually to the Secretary to the Secretary, once during the month of March each year and once during the month of September each year, (2) by inserting , and the legal names of, and any additional information the Secretary may require, regarding suppliers of active pharmaceutical ingredients and intermediate and in-process materials such person used for the manufacture, preparation, propagation, compounding, or processing of such drug, and the amount of such drug manufactured, prepared, propagated, compounded, or processed using each such active pharmaceutical ingredient or intermediate or in-process material sourced from each such supplier (3) by inserting after the first sentence the following: In addition to the reporting required under the preceding sentence, each person who registers with the Secretary under this section with regard to a drug may voluntarily report on the information described in the preceding sentence, at such other times as the Secretary may specify.

Drug Shortage Prevention Act of 2023

Global Investment in American Jobs Act of 2023 This bill requires the Department of Commerce to conduct an interagency review of the global competitiveness of the United States in attracting foreign direct investment from responsible private-sector entities based in trusted countries and addressing foreign trade barriers that firms in advanced technology sectors face in the global digital economy. Among other elements, the review shall include an assessment of (1) the economic impact of foreign direct investment in the United States, (2) trends in global cross-border investment and data flows, (3) federal government policies that facilitate foreign direct investment, and (4) the adequacy of federal government efforts to encourage and facilitate foreign direct investment in the United States. Commerce must report the findings of such review to Congress and the Government Accountability Office (GAO) and include recommendations for increasing the global competitiveness of the United States in attracting foreign direct investment. The GAO must submit a review and assessment of the report to Congress.

118 S2368 IS: Global Investment in American Jobs Act of 2023 U.S. Senate 2023-07-19 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 2368 IN THE SENATE OF THE UNITED STATES July 19, 2023 Mr. Young Mr. Peters Committee on Commerce, Science, and Transportation A BILL To direct the Secretary of Commerce, in coordination with the heads of other relevant Federal departments and agencies, to conduct an interagency review of and report to Congress on ways to increase the global competitiveness of the United States in attracting foreign direct investment. 1. Short title This Act may be cited as the Global Investment in American Jobs Act of 2023 2. Sense of Congress It is the sense of Congress that— (1) the ability of the United States to attract foreign direct investment from responsible private-sector entities based in trusted countries is directly linked to the long-term economic prosperity, global competitiveness, and security of the United States; (2) it is a top national priority to enhance the global competitiveness, economic prosperity, and security of the United States by— (A) removing unnecessary barriers to foreign direct investment from responsible private-sector entities based in trusted countries and the jobs that such investment creates throughout the United States; (B) promoting policies to ensure the United States remains the premier global destination to invest, hire, innovate, provide services, and manufacture products; (C) promoting policies to ensure the United States remains the global leader in developing and deploying cutting-edge technologies, such as self-driving vehicle technology, artificial intelligence, Internet of Things, quantum computing, blockchain; and (D) promoting policies that maintain and expand resilient supply chains and reduce the dependence of the United States on supply chains from China and other foreign adversaries; (3) maintaining the United States commitment to an open investment policy with private-sector entities based in trusted countries encourages other countries to reciprocate and enable the United States to open new markets abroad for United States companies and their products; (4) while foreign direct investment by responsible private-sector entities based in trusted countries can enhance the United States economic strength, policies regarding foreign direct investment should reflect security interests and should not disadvantage domestic investors, companies, or the workforce; (5) United States efforts to attract foreign direct investment from responsible private-sector entities based in trusted countries should be consistent with efforts to maintain and improve the domestic standard-of-living, including for the workforce; (6) as digital information becomes increasingly important to the United States economy and the development of new technologies and services that will be crucial to the country’s competitiveness in the 21st century global economy, barriers including data localization and infringement of intellectual property rights must be further addressed; (7) foreign direct investment by companies or other entities owned, directed, supported, or influenced by the Chinese Communist Party is a threat to United States security and merits an aggressive policy framework to protect United States interests, jobs, intellectual property, and security; (8) foreign direct investment from any source should not result in the net loss of United States economic activity, productive capabilities, and supply chain resilience; and (9) foreign direct investment from any source should strengthen United States security and support United States workforce, health and safety, consumer, and financial standards. 3. Definitions In this Act: (1) Agency The term agency (2) Foreign adversary The term foreign adversary (3) Responsible private-sector entity The term responsible private-sector entity (A) not organized under the laws of a foreign adversary; and (B) not owned, controlled, or otherwise subject to the influence of, a foreign adversary. (4) Secretary The term Secretary (5) State The term State (A) each State of the United States; (B) the District of Columbia; (C) each commonwealth, territory, or possession of the United States; and (D) each federally recognized Indian Tribe. (6) Trusted country The term trusted country 4. Foreign direct investment review (a) Review The Secretary, in consultation with the Federal Interagency Investment Working Group established pursuant to Executive Order 13577 (76 Fed. Reg. 35715; relating to establishment of the SelectUSA Initiative) and in consultation with the heads of other relevant agencies, shall conduct an interagency review of the global competitiveness of the United States in— (1) attracting foreign direct investment from responsible private-sector entities based in trusted countries; and (2) addressing key foreign trade barriers that firms in advanced technology sectors face in the global digital economy. (b) Specific Matters To Be Included The review conducted pursuant to subsection (a) shall include a review of— (1) the economic impact of foreign direct investment in the United States, with particular focus on manufacturing, services, trade (with an emphasis on digital trade), and United States jobs; (2) trends in global cross-border investment and data flows and the underlying factors for such trends; (3) Federal Government policies, that facilitate foreign direct investment attraction and retention from responsible private-sector entities based in trusted countries; (4) foreign direct investment as compared to direct investment by domestic entities; (5) foreign direct investment that takes the form of greenfield investment rather than foreign direct investment relating to merger and acquisition activity; (6) the unique challenges posed by foreign direct investment, particularly acquisitions, in the United States by State-owned or State-backed enterprises, especially from State-directed economies, including companies or other entities owned, directed, supported, or influenced by the Chinese Communist Party; (7) specific information regarding the prevalence of investments made by State-owned or State-backed enterprises, especially from State-directed economies, including companies or other entities owned, directed, supported, or influenced by the Chinese Communist Party, with a particular focus on investments relating to manufacturing, services, trade (with an emphasis on digital trade), and jobs; (8) (A) how other trusted countries are dealing with the challenge, including screening for and preventing market distorting investments, of State-directed and State-supported investment; and (B) whether there are opportunities to work with like-minded nations to address such challenge; (9) ongoing Federal Government efforts to improve the investment climate and facilitate greater levels of foreign direct investment in the United States from responsible private-sector entities based in trusted countries; (10) innovative and noteworthy initiatives by State and local government to attract foreign investment from responsible private-sector entities based in trusted countries; (11) initiatives by other countries to identify best practices for increasing global competitiveness in attracting foreign direct investment from responsible private-sector entities based in trusted countries; (12) (A) the impact that protectionist policies by other countries, including forced data localization rules, forced localization of production, industrial subsidies, and the infringement of intellectual property rights, have on the advanced technology economy of the United States; and (B) the ability for United States located firms to develop innovative technologies; (13) other barriers to the ability of the United States to compete globally in an increasingly connected and digital global economy, including the use of technical barriers to trade (such as country-specific standards for technology products and digital services); (14) the adequacy of efforts by the Federal Government to encourage and facilitate foreign direct investment in the United States; (15) efforts by the Chinese Communist Party to circumvent existing laws to gain access to United States markets, foreign direct investment responsible private-sector entities based in trusted countries, or intellectual property; and (16) the extent to which foreign direct investment from any source, including the Chinese Communist Party, results in displacement, offshoring, or outsourcing, including the impact of such investment on supply chains. (c) Limitation The review conducted pursuant to subsection (a) may not address laws or policies relating to the Committee on Foreign Investment in the United States. (d) Public Comment (1) Review Not sooner than 60 days before the date on which the review is commenced pursuant to subsection (a), the Secretary shall— (A) publish notice of the review in the Federal Register; and (B) provide an opportunity for public comment on the matters to be covered by the review. (2) Report Not sooner than 60 days before the date on which the report is submitted pursuant to subsection (b), the Secretary shall— (A) publish the proposed findings and recommendations included in the report in the Federal Register; and (B) provide an opportunity for public comment. (e) Report to Congress Not later than 1 year after the date of the enactment of this Act, the Secretary, in coordination with the Federal Interagency Investment Working Group and the heads of other relevant agencies, shall submit a report to Congress and to the Comptroller General that includes— (1) the findings of the review conducted pursuant to subsection (a); and (2) recommendations for increasing the global competitiveness of the United States in attracting foreign direct investment from responsible private-sector entities based in trusted countries in a manner that strengthens or maintains the security, workforce, consumer, or financial protections of the United States. (f) Comptroller General Review Not later than 1 year after the date on which the Comptroller General of the United States receives the report pursuant to subsection (e), the Comptroller General shall submit a review and assessment of the report to Congress.

Global Investment in American Jobs Act of 2023

Protecting Access to Medication Abortion Act of 2023 This bill requires the Food and Drug Administration (FDA) to ensure that patients may receive mifepristone through prescriptions issued via telehealth and filled by mail. The FDA has approved mifepristone for medication abortions (i.e., a procedure in which prescription drugs are used to terminate a pregnancy). (Mifepristone is subject to a Risk Evaluation and Mitigation Strategy, which imposes various safety-related requirements. During the COVID-19 public health emergency, the FDA suspended enforcement of a requirement that the drug must be dispensed in person, a requirement in the strategy at the time. In January 2023, the FDA updated the strategy to remove the in-person dispensing requirement.) Under this bill, the FDA must ensure that the strategy for mifepristone (1) does not have an in-person dispensing requirement, (2) allows patients to access prescriptions for mifepristone via telehealth, and (3) authorizes all pharmacies certified to dispense mifepristone to patients to do so via mail.

118 S237 IS: Protecting Access to Medication Abortion Act of 2023 U.S. Senate 2023-02-02 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 237 IN THE SENATE OF THE UNITED STATES February 2, 2023 Ms. Smith Mr. Booker Mrs. Gillibrand Mr. Hickenlooper Mr. Kaine Mr. King Mr. Merkley Mr. Padilla Mr. Schatz Ms. Stabenow Committee on Health, Education, Labor, and Pensions A BILL To preserve access to abortion medications. 1. Short title This Act may be cited as the Protecting Access to Medication Abortion Act of 2023 2. Modification of REMS (a) In general The Secretary of Health and Human Services (referred to in this section as the Secretary 21 U.S.C. 355–1 (1) does not have an in-person dispensing requirement for such drug; (2) allows for patient access to prescriptions for such drug via telehealth; and (3) allows all pharmacies that are certified to dispense such drug to, at minimum, dispense and mail such drug to patients. (b) Modifications Nothing in subsection (a) shall be construed to prevent the Secretary from approving a modification to the risk evaluation and mitigation strategy for mifepristone based on sound scientific evidence and in accordance with section 505–1(h) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355–1(h) 21 U.S.C. 355–1 (c) Clarification Nothing in subsection (a) shall be construed to limit the authority of the Secretary to impose the requirements described in paragraphs (1), (2), and (3) of such subsection to a risk evaluation and mitigation strategy under section 505–1 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355–1 (d) Definition In this section, the term mifepristone (1) approved under subsection (c) or (j) of section 505 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355 (2) indicated for medical abortion; and (3) subject to a risk evaluation and mitigation strategy under section 505–1 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355–1

Protecting Access to Medication Abortion Act of 2023

Helen Keller National Center Reauthorization Act of 2023 This bill reauthorizes through FY2028 the Helen Keller National Center for Youths and Adults Who Are Deaf-Blind and the Helen Keller National Center Federal Endowment Fund.

118 S2376 IS: Helen Keller National Center Reauthorization Act of 2023 U.S. Senate 2023-07-19 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 2376 IN THE SENATE OF THE UNITED STATES July 19, 2023 Mrs. Gillibrand Mr. Marshall Committee on Health, Education, Labor, and Pensions A BILL To reauthorize the Helen Keller National Center Act. 1. Short title This Act may be cited as the Helen Keller National Center Reauthorization Act of 2023 2. Amendments to the Helen Keller National Center Act (a) Authorization of appropriations Section 205(a) of the Helen Keller National Center Act ( 20 U.S.C. 1904(a) fiscal years 1999 through 2003 fiscal years 2024 through 2028 (b) Definitions Section 206(2)(B) of the Helen Keller National Center Act ( 29 U.S.C. 1905(2)(B) or obtaining vocational objectives or obtaining competitive integrated employment (as defined in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 (c) Construction of Act; effect on agreements Section 207 of the Helen Keller National Center Act ( 29 U.S.C. 1906 the Helen Keller Services for the Blind, Incorporated Helen Keller Services (d) Helen Keller National Center Federal Endowment Program Section 208(h) of the Helen Keller National Center Act ( 29 U.S.C. 1907(h) fiscal years 1999 through 2003 fiscal years 2024 through 2028

Helen Keller National Center Reauthorization Act of 2023

Safer Heat Act of 2023 This bill requires the Consumer Product Safety Commission to establish safety standards for portable heating devices, including a requirement that a device shuts off at a threshold determined hazardous by the commission. The commission is authorized to enforce these standards.

118 S238 IS: Safer Heat Act of 2023 U.S. Senate 2023-02-02 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 238 IN THE SENATE OF THE UNITED STATES February 2, 2023 Mr. Blumenthal Mr. Schumer Committee on Commerce, Science, and Transportation A BILL To require the Consumer Product Safety Commission to issue a consumer product safety standard for portable electric heating devices, and for other purposes. 1. Short title This Act may be cited as the Safer Heat Act of 2023 2. Consumer product safety standard for portable heating devices (a) Consumer product safety standard required The Consumer Product Safety Commission shall— (1) in consultation with representatives of consumer groups, portable heating device product manufacturers, and independent engineers and experts and fire safety experts, examine and assess the effectiveness of any voluntary consumer product safety standard for portable heating devices; and (2) in accordance with section 553 of title 5, United States Code, promulgate a consumer product safety standard that includes, at a minimum, a requirement that the portable heating device shut off at threshold determined hazardous by the Commission, and that— (A) is substantially the same as such voluntary standard; or (B) is more stringent than such voluntary standard, if the Commission determines that a more stringent standard would further reduce the risk of injury associated with such device. (b) Treatment of standard A consumer product safety standard promulgated under subsection (a) shall be treated as a consumer product safety rule promulgated under section 9 of the Consumer Product Safety Act ( 15 U.S.C. 2058 (c) Additional rulemaking After promulgating the standard required pursuant to subsection (a), the Commission may, in accordance with section 553 of title 5, United States Code, periodically review and revise the standard to ensure the standard provides the highest level of safety for portable heating devices that is feasible. (d) Judicial review Any person adversely affected by a standard promulgated or revised under this section may file a petition for review under the procedures set forth in section 11(g) of the Consumer Product Safety Act ( 15 U.S.C. 2060(g) (e) Revisions to voluntary standard (1) Notice of adoption Not later than 60 days after the date on which the Commission promulgates a consumer product safety standard under this section that is based, in whole or in part, on a voluntary standard, the Commission shall notify the organization that issued the voluntary standard of the Commission standard and shall provide a copy of the Commission standard to the organization. (2) Commission action on revised voluntary standard (A) Notification by standards organization Not later than 60 days after the date on which an organization revises a standard that has been adopted, in whole or in part, as a consumer product safety standard under this section, the organization shall notify the Commission of such revision. (B) Adoption or rejection of revised standard A revised voluntary standard described under subparagraph (A) shall be treated as a consumer product safety standard promulgated under section 9 of the Consumer Product Safety Act ( 15 U.S.C. 2058 (f) Definitions In this section: (1) Commission The term Commission (2) Portable heating device The term portable heating device

Safer Heat Act of 2023

Keep STEM Talent Act of 2023 This bill addresses issues relating to non-U. S. nationals (aliens under federal law) with advanced degrees in a science, technology, engineering, or mathematics (STEM) field, including exempting certain such individuals from direct limitations on the number of immigrant visas granted per year. To be exempt from the annual numerical limitations on immigrant visas, the individual must (1) have earned a master's level or higher degree in certain STEM fields while in the United States attending an accredited higher education institution, (2) be employed (or have an offer) to perform work directly related to the degree and earn higher than the median wage for that occupation, and (3) meet certain labor certification requirements. The bill also allows an individual seeking a nonimmigrant F-1 (student) visa for an advanced STEM degree to obtain the nonimmigrant visa even if the individual seeks lawful permanent resident status. (Generally, an individual may be denied a nonimmigrant visa if the individual actually intends to seek immigrant status, unless dual intent is allowed for that visa.) Under this bill, to be approved for an F-1 visa for an advanced STEM degree, the applicant must apply for the visa before beginning the advanced degree program. The bill also requires an individual who is inside the United States and applying for an F-1 visa for an advanced STEM degree to undergo the same vetting (e.g., verifying academic credentials and undergoing background checks) as an individual applying from outside the United States.

118 S2384 IS: Keep STEM Talent Act of 2023 U.S. Senate 2023-07-19 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 2384 IN THE SENATE OF THE UNITED STATES July 19, 2023 Mr. Durbin Mr. Rounds Committee on the Judiciary A BILL To provide lawful permanent resident status for certain advanced STEM degree holders, and for other purposes. 1. Short title This Act may be cited as the Keep STEM Talent Act of 2023 2. Visa requirements (a) Graduate degree visa requirements To be approved for or maintain nonimmigrant status under section 101(a)(15)(F) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(F) 8 U.S.C. 1151(b)(1)(F)(ii) 20 U.S.C. 1001(a) (b) Strengthened vetting process The Secretary of Homeland Security and the Secretary of State shall establish procedures to ensure that aliens described in subsection (a) are admissible pursuant to section 212(a)(3)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(3)(A) (c) Reporting requirement The Secretary of Homeland Security and the Secretary of State shall submit an annual report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives detailing the implementation and effectiveness of the requirement for foreign graduate students pursuing advanced degrees in STEM fields to seek admission prior to pursuing a graduate degree program. The report shall include data on visa application volumes, processing times, security outcomes, and economic impacts. 3. Lawful permanent resident status for certain advanced stem degree holders (a) Aliens not subject to direct numerical limitations Section 201(b)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1151(b)(1) (F) (i) Aliens who— (I) have earned a degree in a STEM field at the master’s level or higher while physically present in the United States from a United States institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) (II) have an offer of employment from, or are employed by, a United States employer to perform work that is directly related to such degree at a rate of pay that is higher than the median wage level for the occupational classification in the area of employment, as determined by the Secretary of Labor; (III) have an approved labor certification under section 212(a)(5)(A)(i); or (IV) are the spouses and children of aliens described in subclauses (I) through (III) who are accompanying or following to join such aliens. (ii) In this subparagraph, the term STEM field (I) computer and information sciences and support services; (II) engineering; (III) mathematics and statistics; (IV) biological and biomedical sciences; (V) physical sciences; (VI) agriculture sciences; or (VII) natural resources and conservation sciences. . (b) Procedure for granting immigration status Section 204(a)(1)(F) of the Immigration and Nationality Act ( 8 U.S.C. 1154(a)(1)(F) (1) by striking 203(b)(2) Attorney General (2) by inserting 203(b)(2), 203(b)(3), or 201(b)(1)(F) may file a petition with the Secretary of Homeland Security (c) Labor certification Section 212(a)(5)(D) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(5)(D) section 201(b)(1)(F) or under adjustment of status under (d) Dual intent for F nonimmigrants seeking advanced STEM degrees at United States institutions of higher education Notwithstanding sections 101(a)(15)(F)(i) and 214(b) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(F)(i) 8 U.S.C. 1151(b)(1) 20 U.S.C. 1001(a) 8 U.S.C. 1101(a)(15)(F)(i)

Keep STEM Talent Act of 2023

NFIP Extension Act of 2023 This bill reauthorizes the National Flood Insurance Program through September 30, 2024.

118 S2391 IS: NFIP Extension Act of 2023 U.S. Senate 2023-07-19 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 2391 IN THE SENATE OF THE UNITED STATES July 19, 2023 Mr. Kennedy Committee on Banking, Housing, and Urban Affairs A BILL To reauthorize the National Flood Insurance Program. 1. Short title This Act may be cited as the NFIP Extension Act of 2023 2. Reauthorization (a) Financing Section 1309(a) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4016(a) September 30, 2023 September 30, 2024 (b) Program expiration Section 1319 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4026 September 30, 2023 September 30, 2024 (c) Retroactive effective date If this Act is enacted after September 30, 2023, the amendments made by subsections (a) and (b) shall take effect as if enacted on September 30, 2023.

NFIP Extension Act of 2023

Food and Agriculture Industry Cyberspace Support ActThis bill requires the establishment of a clearinghouse for food and agriculture cyberspace resources and the development of related best practices recommendations.Specifically, the National Telecommunications and Information Administration (NTIA) must establish a publicly available clearinghouse that contains current food and agriculture industry-focused cybersecurity resources.Further, the NTIA must develop voluntary cybersecurity recommendations relating to the development, maintenance, and operation of the food and agriculture industry. The recommendations must be based on a consolidation of public and private sector best practices and be included in the NTIA clearinghouse. The recommendations must also include, to the greatest extent practicable, materials that address (1) risk-based, cybersecurity-informed engineering; (2) planning for retention or recovery of positive control of systems in the event of a cybersecurity incident; (3) protection against unauthorized access to critical functions of the industry; and (4) plans for how industry businesses should respond to ransomware attacks.The Government Accountability Office must coordinate with specified federal agencies to conduct a study on actions the federal government has taken or may take to improve cybersecurity in the food and agriculture industry.

118 S2393 IS: Food and Agriculture Industry Cybersecurity Support Act U.S. Senate 2023-07-19 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 2393 IN THE SENATE OF THE UNITED STATES July 19, 2023 Mr. Rounds Ms. Cortez Masto Committee on Commerce, Science, and Transportation A BILL To establish a food and agriculture cybersecurity clearinghouse in the National Telecommunications and Information Administration, and for other purposes. 1. Short title This Act may be cited as the Food and Agriculture Industry Cybersecurity Support Act 2. NTIA food and agriculture cybersecurity clearinghouse (a) Definitions In this section: (1) Assistant Secretary The term Assistant Secretary (2) Cybersecurity risk The term cybersecurity risk 6 U.S.C. 650 (3) Cybersecurity threat The term cybersecurity threat 6 U.S.C. 650 (4) Food and agriculture industry The term food and agriculture industry (A) equipment and systems utilized in the food and agriculture supply chain, such as computer vision algorithms for precision agriculture, grain silos, and related food and agriculture storage infrastructure; (B) food and agriculture goods processors, growers, and distributors; and (C) information technology systems of businesses engaged in farming, ranching, planting, harvesting, food and agriculture product storage, food or animal genetic modification, the design or production of agrochemicals, or the design or production of food and agriculture tools. (5) Incident The term incident 6 U.S.C. 650 (6) NTIA The term NTIA (7) Sector Risk Management Agency The term Sector Risk Management Agency 6 U.S.C. 650 (8) Security vulnerability The term security vulnerability 6 U.S.C. 650 (9) Small business concern The term small business concern 15 U.S.C. 632 (10) Software bill of materials The term software bill of materials (b) NTIA food and agriculture cybersecurity clearinghouse (1) Establishment (A) In general Not later than 180 days after the date of enactment of this Act, the Assistant Secretary shall establish in the NTIA a food and agriculture cybersecurity clearinghouse (in this section referred to as the clearinghouse (B) Requirements The clearinghouse shall— (i) be publicly available online; (ii) contain current, relevant, and publicly available cybersecurity resources focused on the food and agriculture industry, including the recommendations described in paragraph (2), and any other appropriate materials for reference by entities that develop products with potential security vulnerabilities for the food and agriculture industry; (iii) contain a mechanism for individuals or entities in the food and agriculture industry to request in-person or virtual support from the NTIA for cybersecurity related issues; (iv) contain a section, updated not less frequently than annually, with answers to the top 20 most frequently asked questions relevant to the cybersecurity of the food and agriculture industry; and (v) include materials specifically aimed at assisting small business concerns and non-technical users in the food and agriculture industry with critical cybersecurity protections related to the food and agriculture industry, including recommendations on how to respond to a ransomware attack and resources for additional information, including the Stop Ransomware (C) Existing platform or website The Assistant Secretary may establish the clearinghouse on an online platform or a website that is in existence as of the date of enactment of this Act. (2) Consolidation of food and agriculture industry cybersecurity recommendations (A) In general The Assistant Secretary, in consultation with the Administrator of the Farm Service Agency of the Department of Agriculture and relevant Sector Risk Management Agencies, shall consolidate public and private sector best practices to produce a set of voluntary cybersecurity recommendations relating to the development, maintenance, and operation of the food and agriculture industry. (B) Requirements The recommendations consolidated under subparagraph (A) shall include, to the greatest extent practicable, materials addressing the following: (i) Risk-based, cybersecurity-informed engineering, including continuous monitoring and resiliency. (ii) Planning for retention or recovery of positive control of systems in the food and agriculture industry in the event of a cybersecurity incident. (iii) Protection against unauthorized access to critical functions of the food and agriculture industry. (iv) Cybersecurity against threats to products of the food and agriculture industry throughout the lifetimes of those products. (v) How businesses in the food and agriculture industry should respond to ransomware attacks, including details on the legal obligations of those businesses in the event of such an attack, including reporting requirements and Federal resources for support. (vi) Any other recommendations to ensure the confidentiality, availability, and integrity of data residing on or in transit through systems in the food and agriculture industry. (3) Implementation In implementing this subsection, the Assistant Secretary shall— (A) to the extent practicable, consult with the private sector; (B) consult with non-Federal entities developing equipment and systems utilized in the food and agriculture industry, including private, consensus organizations that develop relevant standards; (C) consult with the Director of the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security; (D) consult with food and agriculture industry trade groups; (E) consult with relevant Sector Risk Management Agencies; (F) consult with civil society organizations; (G) consult with the Administrator of the Small Business Administration; and (H) consider the development of an advisory board to advise the Assistant Secretary on implementing this subsection, including the collection of data through the clearinghouse and the disclosure of that data. (c) Study (1) In general The Comptroller General of the United States shall conduct a study on the actions the Federal Government has taken or may take to improve the cybersecurity of the food and agriculture industry. (2) Report Not later than 90 days after the date of enactment of this Act, the Comptroller General shall submit to Congress a report on the study conducted under paragraph (1), which shall include information on the following: (A) The effectiveness of efforts of the Federal Government to improve the cybersecurity of the food and agriculture industry. (B) The resources made available to the public, as of the date of the submission, by Federal agencies to improve the cybersecurity of the food and agriculture industry, including to address cybersecurity risks and cybersecurity threats to the food and agriculture industry. (C) The extent to which Federal agencies coordinate or duplicate authorities and take other actions for the improvement of the cybersecurity of the food and agriculture industry. (D) Whether an appropriate plan is in place to prevent or adequately mitigate the risks of a coordinated attack on the food and agriculture industry. (E) The benefits of the Food and Agriculture—Information Sharing and Analysis Center (commonly known as the Food and Ag-ISAC (i) required actions by, and expected costs to, the Federal Government to enhance the Food and Ag-ISAC; and (ii) identification of industry and civil society partners that could assist the Food and Ag-ISAC. (F) The advantages and disadvantages of the creation by the Assistant Secretary of a database containing a software bill of materials for the most common internet-connected hardware and software applications used in the food and agriculture industry and recommendations for how the Assistant Secretary can maintain and update such database. (3) Coordination In carrying out paragraphs (1) and (2), the Comptroller General shall coordinate with appropriate Federal agencies, including the following: (A) The Department of Health and Human Services. (B) The Department of Commerce. (C) The Department of Agriculture. (D) The Federal Communications Commission. (E) The Department of Energy. (F) The Small Business Administration. (4) Process for studying the Food and Agriculture-Information Sharing and Analysis Center In studying the Food and Ag-ISAC for purposes of including in the report required by paragraph (2) the information required by subparagraph (E) of that paragraph, the Comptroller General shall convene stakeholders that include civil society organizations, individual food and agriculture producers, and the Federal agencies described in paragraph (3). (5) Briefing Not later than 90 days after the date on which the Comptroller General submits the report under paragraph (2), the Comptroller General shall provide to Congress a briefing regarding the report. (6) Classification The report under paragraph (2) shall be unclassified but may include a classified annex. (d) Sunset This section shall have no force or effect after the date that is 7 years after the date of enactment of this Act.

Food and Agriculture Industry Cybersecurity Support Act

Fair Debt Collection Practices for Servicemembers Act This bill prohibits a debt collector from threatening a service member with a reduction of rank, revocation of their security clearance, or military prosecution in the course of collecting a debt. The Government Accountability Office must report on the impact of this prohibition on the timely delivery of information to service members, military readiness, and national security.

118 S2396 IS: Fair Debt Collection Practices for Servicemembers Act U.S. Senate 2023-07-19 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 2396 IN THE SENATE OF THE UNITED STATES July 19, 2023 Mr. Warnock Mr. Brown Mr. Budd Mr. Cornyn Committee on Banking, Housing, and Urban Affairs A BILL To provide enhanced protection against debt collector harassment of members of the Armed Forces. 1. Short title This Act may be cited as the Fair Debt Collection Practices for Servicemembers Act 2. Enhanced protection against debt collector harassment of servicemembers (a) Communication in connection with debt collection Section 805 of the Fair Debt Collection Practices Act ( 15 U.S.C. 1692c (e) Communications concerning servicemember debts (1) Definition In this subsection, the term covered member (A) a covered member or a dependent as defined in section 987(i) of title 10, United States Code; (B) an individual who was separated, discharged, or released from duty described in such section 987(i)(1), but only during the 365-day period beginning on the date of separation, discharge, or release; or (C) a person, with respect to an individual described in subparagraph (B), described in subparagraph (A), (D), (E), or (I) of section 1072(2) of title 10, United States Code. (2) Prohibitions A debt collector may not, in connection with the collection of any debt of a covered member— (A) threaten to have the covered member reduced in rank; (B) threaten to have the covered member’s security clearance revoked; or (C) threaten to have the covered member prosecuted under chapter 47 . (b) Unfair practices Section 808 of the Fair Debt Collection Practices Act ( 15 U.S.C. 1692f (9) The representation to any covered member (as defined under section 805(e)(1)) that failure to cooperate with a debt collector will result in— (A) a reduction in rank of the covered member; (B) a revocation of the covered member’s security clearance; or (C) prosecution under chapter 47 . 3. GAO study The Comptroller General of the United States shall conduct a study and submit a report to Congress on the impact of this Act on— (1) the timely delivery of information to a covered member (as defined in section 805(e) of the Fair Debt Collection Practices Act, as added by this Act); (2) military readiness; and (3) national security, including the extent to which covered members with security clearances would be impacted by uncollected debt.

Fair Debt Collection Practices for Servicemembers Act

Gas Stove Protection and Freedom Act This bill prohibits the Consumer Product Safety Commission from using federal funds to (1) regulate gas stoves as a banned hazardous product, or (2) issue or enforce a product safety standard that prohibits the use or sale of gas stoves or substantially increases their price.

118 S240 IS: Gas Stove Protection and Freedom Act U.S. Senate 2023-02-02 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 240 IN THE SENATE OF THE UNITED STATES February 2, 2023 Mr. Cruz Mr. Manchin Committee on Commerce, Science, and Transportation A BILL To prohibit the use of Federal funds to ban gas stoves. 1. Short title This Act may be cited as the Gas Stove Protection and Freedom Act 2. Definitions In this Act: (1) Commission The term Commission (2) Gas stove The term gas stove (3) Substantially increase the average price of gas stoves The term substantially increase the average price of gas stoves 3. Prohibition No Federal funds may be used by the Commission to regulate an existing or new gas stove as a banned hazardous product under section 8 of the Consumer Product Safety Act ( 15 U.S.C. 2057

Gas Stove Protection and Freedom Act

Enlist Act of 2023 This bill authorizes certain non-U.S. nationals (aliens under federal law) to enlist in the Armed Forces, including individuals who are beneficiaries of the Deferred Action for Childhood Arrivals (DACA) policy. (DACA provides eligible individuals, generally individuals who unlawfully entered the United States as a child, with protection from deportation.) Under this bill, a non-U.S. national may be eligible to enlist in the Armed Forces if the individual (1) is a beneficiary of DACA or a successor policy, even if a court terminates such a policy; (2) has temporary protected status; or (3) has an approved immigrant visa application but has been unable to adjust to lawful permanent resident status because a visa is not available (or the individual turned 21 years old before a visa became available). Furthermore, to be eligible to enlist under this bill, the individual must also (1) meet the security and suitability requirements related to enlistment; and (2) have been continuously physically present in the United States for five years, with certain exceptions. The Department of Homeland Security (DHS) must stay removal proceedings against an individual who has enlisted under this bill if the individual (1) has served honorably in the Armed Forces, or (2) is a veteran and was not separated from service except under honorable conditions. If an individual has enlisted under this bill, DHS must consider the individual's honorable service in the Armed Forces when determining, for immigration purposes, whether the individual has good moral character.

118 S2401 IS: Enlist Act of 2023 U.S. Senate 2023-07-19 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 2401 IN THE SENATE OF THE UNITED STATES July 19, 2023 Ms. Duckworth Committee on the Judiciary A BILL To amend section 504 of title 10, United States Code, to allow certain aliens to enlist in the Armed Forces and to clarify the naturalization process for such alien enlistees, and for other purposes. 1. Short title This Act may be cited as the Enlist Act of 2023 2. Enlistment of certain aliens and clarification of naturalization process for such alien enlistees (a) Definitions In this section: (1) In general Except as otherwise specifically provided, any term used in this section that is used in the immigration laws shall have the meaning given such term in the immigration laws. (2) Armed Forces The term Armed Forces armed forces (3) Immigration laws The term immigration laws 8 U.S.C. 1101(a)(17) (4) Military department The term military department (5) Secretary concerned The term Secretary concerned (b) Enlistment in the Armed Forces for certain aliens Subsection (b)(1) of section 504 of title 10, United States Code, is amended by adding at the end the following: (D) (i) An alien who— (I) subject to clause (ii), has been continuously physically present in the United States for five years; (II) has completed, to the satisfaction of the Secretary of Defense or the Secretary concerned, the same security or suitability vetting processes as are required of qualified individuals seeking enlistment in an armed force; (III) meets all other standards set forth for enlistment in an armed force as are required of qualified individuals; and (IV) (aa) has received a grant of deferred action pursuant to the Deferred Action for Childhood Arrivals policy of the Department of Homeland Security, or successor policy, regardless of whether a court order terminates such policy; (bb) has been granted temporary protected status under section 244 of the Immigration and Nationality Act ( 8 U.S.C. 1254a (cc) is the beneficiary of an approved petition for an immigrant visa, but has been unable to adjust status to that of an alien lawfully admitted for permanent residence pursuant to section 245 of the Immigration and Nationality Act ( 8 U.S.C. 1255 (ii) An alien described in clause (i) who has departed the United States during the five-year period referred to in subclause (I) of that clause shall be eligible to enlist if the absence of the alien was pursuant to advance approval of travel by the Secretary of Homeland Security and within the scope of such travel authorization. . (c) Stay of removal proceedings Section 237 of the Immigration and Nationality Act ( 8 U.S.C. 1227 (e) If an alien described in section 504(b)(1)(D) of title 10, United States Code, who is subject to a ground of removability has served honorably in the Armed Forces, and if separated from such service, was never separated except under honorable conditions, the Secretary of Homeland Security shall grant such alien an administrative stay of removal under section 241(c)(2) until the earlier of— (1) the date on which the head of the military department (as defined in section 101 of title 10, United States Code) under which the alien served determines that the alien did not serve honorably in active-duty status, and if separated from such service, that such separation was not under honorable conditions as required by sections 328 and 329; or (2) the date on which the alien's application for naturalization under section 328 or 329 has been denied or revoked and all administrative appeals have been exhausted. . (d) Timely determination by the secretary of defense Not later than 90 days after receiving a request by an alien who has enlisted in the Armed Forces pursuant to section 504(b)(1)(D) of title 10, United States Code, for a certification of service in the Armed Forces, the head of the military department under which the alien served shall issue a determination certifying whether the alien has served honorably in an active-duty status, and whether separation from such service was under honorable conditions as required by sections 328 and 329 of the Immigration and Nationality Act ( 8 U.S.C. 1439 (e) Medical exception An alien who otherwise meets the qualifications for enlistment under section 504(b)(1)(D) of title 10, United States Code, but who, after reporting for initial entry training, has not successfully completed such training primarily for medical reasons shall be considered to have separated from service in the Armed Forces under honorable conditions for purposes of sections 328 and 329 of the Immigration and Nationality Act ( 8 U.S.C. 1439 (f) Good moral character In determining whether an alien who has enlisted in the Armed Forces pursuant to section 504(b)(1)(D) of title 10, United States Code, has good moral character for purposes of section 101(f) of the Immigration and Nationality Act ( 8 U.S.C. 1101(f) (1) shall consider the alien’s honorable service in the Armed Forces; and (2) may make a finding of good moral character notwithstanding— (A) (i) any single misdemeanor offense, if the alien has not been convicted of any offense during the 5-year period preceding the date on which the alien applies for naturalization; or (ii) not more than 2 misdemeanor offenses, if the alien has not been convicted of any offense during the 10-year period preceding the date on which the alien applies for naturalization. (g) Confidentiality of information (1) In general The Secretary of Homeland Security or the Secretary of Defense may not disclose or use for purposes of immigration enforcement information provided in— (A) documentation filed under this section or an amendment made by this section; or (B) enlistment applications filed, or inquiries made, under section 504(b)(1)(D) of title 10, United States Code. (2) Treatment of records (A) In general Documentation filed under this section or an amendment made by this section— (i) shall be collected pursuant to section 552a of title 5, United States Code (commonly known as the Privacy Act of 1974 (ii) may not be disclosed under subsection (b)(7) of that section for purposes of immigration enforcement. (B) Destruction In the case of an alien who attempts to enlist under section 504(b)(1)(D) of title 10, United States Code, but does not successfully do so (except in the case of an alien described in subsection (e)), the Secretary of Homeland Security and the Secretary of Defense shall destroy information provided in documentation filed under this section or an amendment made by this section not later than 60 days after the date on which the alien concerned is denied enlistment or fails to complete basic training, as applicable. (3) Referrals prohibited The Secretary of Homeland Security or the Secretary of Defense (or any designee of the Secretary of Homeland Security or the Secretary of Defense), based solely on information provided in an application for naturalization submitted by an alien who has enlisted in the Armed Forces under section 504(b)(1)(D) of title 10, United States Code, or an enlistment application filed or an inquiry made under that section, may not refer the individual concerned to U.S. Immigration and Customs Enforcement or U.S. Customs and Border Protection. (4) Limited exception Notwithstanding paragraphs (1) through (3), information provided in an application for naturalization submitted by an individual who has enlisted in the Armed Forces under section 504(b)(1)(D) of title 10, United States Code, may be shared with Federal security and law enforcement agencies— (A) for assistance in the consideration of an application for naturalization; (B) to identify or prevent fraudulent claims; (C) for national security purposes pursuant to section 6611 of the National Defense Authorization Act for Fiscal Year 2020 ( 50 U.S.C. 3352f (D) for the investigation or prosecution of any Federal crime, except any offense, other than a fraud or false statement offense, that is— (i) related to immigration status; or (ii) a petty offense (as defined in section 19 of title 18, United States Code). (5) Penalty Any person who knowingly and willfully uses, publishes, or examines, or permits such use, publication, or examination of, any information produced or provided by, or collected from, any source or person under this section or an amendment made by this section, and in violation of this subsection, shall be guilty of a misdemeanor and fined not more than $5,000. (h) Rule of construction Nothing in this section or an amendment made by this section may be construed to modify— (1) except as otherwise specifically provided in this section, the process prescribed by sections 328 and 329A of the Immigration and Nationality Act ( 8 U.S.C. 1439 (2) the qualifications for original enlistment in any component of the Armed Forces otherwise prescribed by law or the Secretary of Defense.

Enlist Act of 2023

Treat and Reduce Obesity Act of 2023 This bill expands Medicare coverage of intensive behavioral therapy for obesity. Specifically, the bill allows coverage for therapy that is provided by (1) a physician who is not a primary care physician; or (2) other health care providers (e.g., physician assistants and nurse practitioners) and approved counseling programs, if provided upon a referral from, and in coordination with, a physician or primary care practitioner. Currently, such therapy is covered only if provided by a primary care practitioner. The bill also allows coverage under Medicare's prescription drug benefit of drugs used for the treatment of obesity or for weight loss management for individuals who are overweight.

118 S2407 IS: Treat and Reduce Obesity Act of 2023 U.S. Senate 2023-07-20 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 2407 IN THE SENATE OF THE UNITED STATES July 20, 2023 Mr. Carper Mr. Cassidy Ms. Murkowski Mrs. Capito Mr. Luján Mrs. Blackburn Mr. Wicker Mr. Cramer Mr. Coons Mrs. Shaheen Ms. Smith Ms. Klobuchar Mr. Heinrich Committee on Finance A BILL To amend title XVIII of the Social Security Act to provide for the coordination of programs to prevent and treat obesity, and for other purposes. 1. Short title This Act may be cited as the Treat and Reduce Obesity Act of 2023 2. Findings Congress makes the following findings: (1) According to the Centers for Disease Control and Prevention, about 41 percent of adults aged 60 and over had obesity in the period of 2015 through 2016, representing more than 27,000,000 people. (2) The National Institutes of Health has reported that obesity and overweight are now the second leading cause of death nationally, with an estimated 300,000 deaths a year attributed to the epidemic. (3) Obesity increases the risk for chronic diseases and conditions, including high blood pressure, heart disease, certain cancers, arthritis, mental illness, lipid disorders, sleep apnea, and type 2 diabetes. (4) More than half of Medicare beneficiaries are treated for 5 or more chronic conditions per year. The rate of obesity among Medicare beneficiaries doubled from 1987 to 2002, and nearly doubled again by 2016, with Medicare spending on individuals with obesity during that time rising proportionately to reach $50,000,000,000 in 2014. (5) Men and women with obesity at age 65 have decreased life expectancy of 1.6 years for men and 1.4 years for women. (6) The direct and indirect cost of obesity was more than $427,800,000,000 in 2014, and is growing. (7) On average, a Medicare beneficiary with obesity costs $2,018 (in 2019 dollars) more than a healthy-weight beneficiary. (8) The prevalence of obesity among older individuals in the United States is growing at a linear rate and, if nothing changes, nearly one in two (47 percent) Medicare beneficiaries aged 65 and over will have obesity in 2030, up from slightly more than one in four (28 percent) in 2010. 3. Authority to expand health care providers qualified to furnish intensive behavioral therapy Section 1861(ddd) of the Social Security Act ( 42 U.S.C. 1395x(ddd) (4) (A) Subject to subparagraph (B), the Secretary may, in addition to qualified primary care physicians and other primary care practitioners, cover intensive behavioral therapy for obesity furnished by any of the following: (i) A physician (as defined in subsection (r)(1)) who is not a qualified primary care physician. (ii) Any other appropriate health care provider (including a physician assistant, nurse practitioner, or clinical nurse specialist (as those terms are defined in subsection (aa)(5)), a clinical psychologist, a registered dietitian or nutrition professional (as defined in subsection (vv))). (iii) An evidence-based, community-based lifestyle counseling program approved by the Secretary. (B) In the case of intensive behavioral therapy for obesity furnished by a provider described in clause (ii) or (iii) of subparagraph (A), the Secretary may only cover such therapy if such therapy is furnished— (i) upon referral from, and in coordination with, a physician or primary care practitioner operating in a primary care setting or any other setting specified by the Secretary; and (ii) in an office setting, a hospital outpatient department, a community-based site that complies with the Federal regulations concerning the privacy of individually identifiable health information promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996, or another setting specified by the Secretary. (C) In order to ensure a collaborative effort, the coordination described in subparagraph (B)(i) shall include the health care provider or lifestyle counseling program communicating to the referring physician or primary care practitioner any recommendations or treatment plans made regarding the therapy. . 4. Medicare part D coverage of obesity medication (a) In general Section 1860D–2(e)(2)(A) of the Social Security Act ( 42 U.S.C. 1395w–102(e)(2)(A) (1) by striking and other than other than (2) by inserting after benzodiazepines), and other than subparagraph (A) of such section if the drug is used for the treatment of obesity (as defined in section 1861(yy)(2)(C)) or for weight loss management for an individual who is overweight (as defined in section 1861(yy)(2)(F)(i)) and has one or more related comorbidities, (b) Effective date The amendments made by subsection (a) shall apply to plan years beginning on or after the date that is 2 years after the date of the enactment of this Act. 5. Report to Congress Not later than the date that is 1 year after the date of the enactment of this Act, and every 2 years thereafter, the Secretary of Health and Human Services shall submit a report to Congress describing the steps the Secretary has taken to implement the provisions of, and amendments made by, this Act. Such report shall also include recommendations for better coordination and leveraging of programs within the Department of Health and Human Services and other Federal agencies that relate in any way to supporting appropriate research and clinical care (such as any interactions between physicians and other health care providers and their patients) to treat, reduce, and prevent obesity in the adult population.

Treat and Reduce Obesity Act of 2023

Preventing Maternal Deaths Reauthorization Act of 2023 This bill reauthorizes through FY2028 and otherwise modifies federal support for state-based efforts to improve maternal mortality review committees; enhance surveillance of pregnancy-associated and -related deaths; and otherwise improve, and reduce disparities in, maternal health outcomes. The bill also requires the Centers for Disease Control and Prevention to annually disseminate best practices for preventing maternal mortality and morbidity to hospitals, professional societies, and perinatal quality collaboratives (i.e., networks of perinatal care providers and public health professionals that work to improve pregnancy outcomes through continuous quality improvement).

118 S2415 IS: Preventing Maternal Deaths Reauthorization Act of 2023 U.S. Senate 2023-07-20 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 2415 IN THE SENATE OF THE UNITED STATES July 20, 2023 Mrs. Capito Mr. Warnock Mr. Marshall Mr. Booker Mr. Tillis Ms. Smith Committee on Health, Education, Labor, and Pensions A BILL To amend title III of the Public Health Service Act to reauthorize Federal support of States in their work to save and sustain the health of mothers during pregnancy, childbirth, and the postpartum period, to eliminate disparities in maternal health outcomes for pregnancy-related and pregnancy-associated deaths, to identify solutions to improve health care quality and health outcomes for mothers, and for other purposes. 1. Short title This Act may be cited as the Preventing Maternal Deaths Reauthorization Act of 2023 2. Safe motherhood (a) Maternal mortality review committees Section 317K(d) of the Public Health Service Act ( 42 U.S.C. 247b–12(d) (1) in paragraph (1)(A), by inserting (including obstetricians and gynecologists) clinical specialties (2) in paragraph (3)(A)(i)— (A) in subclause (I), by striking as applicable if available (B) in subclause (III), by striking , as appropriate and coordinating with death certifiers to improve the collection of death record reports and the quality of death records, including by amending cause-of-death information on a death certificate, as appropriate (b) Best practices relating to the prevention of maternal mortality Section 317K of the Public Health Service Act ( 42 U.S.C. 247b–12 (1) by redesignating subsections (e) and (f) as subsections (f) and (g), respectively; and (2) by inserting after subsection (d) the following: (e) Best practices relating to the prevention of maternal mortality (1) In general The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall, in consultation with the Administrator of the Health Resources and Services Administration, disseminate to hospitals, State professional society groups, and perinatal quality collaboratives, best practices on how to prevent maternal mortality and morbidity that consider and reflect best practices identified through other relevant Federal maternal health programs. (2) Frequency The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall disseminate the best practices referred to in paragraph (1) not less than once per fiscal year. . (c) Extension Subsection (g) of section 317K of the Public Health Service Act ( 42 U.S.C. 247b–12 2019 through 2023 2024 through 2028

Preventing Maternal Deaths Reauthorization Act of 2023

Addressing Teacher Shortages Act of 2023 This bill directs the Department of Education (ED) to establish an Addressing Teacher Shortages Program. Through this program, ED shall award grants for local educational agencies to address teacher shortage challenges. Specifically, grant funds may be used to establish or expand teaching residency programs, teacher mentor programs, specified recruitment and training programs, and other evidence-based strategies to increase teacher retention and support teachers.

118 S2417 IS: Addressing Teacher Shortages Act of 2023 U.S. Senate 2023-07-20 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 2417 IN THE SENATE OF THE UNITED STATES July 20, 2023 Ms. Smith Committee on Health, Education, Labor, and Pensions A BILL To support the preparation and retention of outstanding educators in all fields to ensure a bright future for children and youth in under-resourced and underserved communities in the United States, and for other purposes. 1. Short title This Act may be cited as the Addressing Teacher Shortages Act of 2023 2. Findings Congress finds the following: (1) Currently, there are not enough teachers to meet the demand for teachers in all locations and in all fields, creating a teacher shortage. The teacher shortage is a result of growing student enrollment, shrinking pupil-teacher ratios, declining enrollment in teacher preparation programs, and high levels of attrition from the field. Teacher shortages are particularly acute in rural schools and in certain subject areas, such as the fields of STEM, special education, and English as a second language. Additionally, there is a lack of racial diversity in the teaching workforce. (2) Rural schools serve 18 percent of all students in the United States, including over 9,000,000 students in rural public elementary and secondary schools. More than 40 percent of all small, rural local educational agencies in the United States struggle with adequately staffing their schools. These personnel shortages include difficulties both in recruiting and retaining educators. Shortages are especially pronounced in special education and STEM fields, when compared to urban teacher labor markets. (3) Rural communities face unique challenges in recruiting and retaining teachers for reasons such as funding, limited teacher supply, and geographic isolation. Rural schools often experience difficulty hiring and high turnover due to inadequate resources, lower salaries, and poor working conditions. (4) The demand for teachers is going unmet in some subject areas more so than others. In 2017–2018, 48 States reported shortages in mathematics, 46 in special education, 43 in science, 41 in foreign language, and 31 in English as a second language. (5) Although the share of teachers of color has been increasing, there is a gap in racial diversity between teachers of color who comprise 20 percent of the teacher workforce and students of color who account for 50 percent of students. (6) Data from the 2015–2016 National Teacher and Principal Survey show that millennial teachers are less likely to be racially diverse than the previous generation of Generation X teachers, suggesting that racial diversity in the teaching workforce could be declining in the future. (7) Research shows that better prepared teachers stay longer in the profession and are more effective in improving student achievement. For example, an analysis of the nationally representative Schools and Staffing Survey found that new recruits who had a semester or more of practice teaching prior to employment were more than 3 times less likely to leave teaching after a year than those who had no practice teaching. (8) Data from the 2012–2013 Schools and Staffing Survey show that the attrition rate for teachers is approximately 8 percent. It was higher for rural teachers, at 8.4 percent, than for suburban and urban teachers, at 7.3 and 7.9 percent, respectively. This high attrition rate is costly for local educational agencies, with the savings of replacing higher-earning, more experienced teachers mitigated by replacement costs. (9) High-quality mentoring and induction programs can offer support to teacher candidates and novice teachers throughout the teacher preparation and school placement experience, improving the likelihood that they will complete the training and certification process and remain in the profession. Evidence-based mentoring and induction programs have been shown to increase retention, accelerate the professional learning of novice teachers, and improve student achievement. (10) Teacher residencies create long-term benefits for local educational agencies, schools, and students. Research suggests that residencies bring greater gender and racial diversity into the teaching workforce and have significantly higher retention rates for graduates than traditional preparation programs. (11) Grow Your Own teacher preparation models provide a promising solution for hard-to-staff schools, such as those in rural communities. These models help to recruit graduates of local schools and members of the school’s community into the teaching profession. 3. Definitions In this Act: (1) General ESEA definitions The terms dual or concurrent enrollment program elementary school local educational agency secondary school 20 U.S.C. 7801 (2) 2+2 The term 2+2 program 20 U.S.C. 1058 (3) Certified teacher The term certified teacher (4) Eligible entity The term eligible entity 20 U.S.C. 7801(30) (5) Grow your Own program The term Grow Your Own program (6) Historically Black college or university The term historically Black college or university part B institution 20 U.S.C. 1061 (7) Induction program The term induction program 20 U.S.C. 1021(14) (A) the high-quality and structured teacher mentoring component described in subparagraph (A) of such section shall be led by a qualified mentor who teaches in the same or similar field, grade, or subject as the mentee; (B) the opportunities for new teachers described in subparagraph (D) of such section shall include opportunities for observation of, and feedback from, teacher mentors, faculty, and researchers; (C) the faculty included in the program, as described in subparagraph (F) of such section, shall also model personalized instruction; (D) the interdisciplinary collaboration described in subparagraph (G) of such section shall include preparation regarding the development, analysis, and use of formative, interim, and summative assessments; (E) the assistance provided under subparagraph (H) of such section with respect to student achievement data shall also include assistance with understanding classroom engagement data (such as attendance and discipline rates and other measures of school climate), and with understanding the applicability of both types of data to classroom instruction and design; and (F) the observation and evaluation opportunities under subparagraph (I) of such section shall be conducted in order to inform efforts to support new teachers and improve their practice. (8) Institution of higher education The term institution of higher education 20 U.S.C. 1001(a) (9) Qualified mentor teacher The term qualified mentor teacher (A) meets a minimum set of qualification standards based in part on State-determined measures of teacher effectiveness; and (B) is selected by the grantee to— (i) host a teacher candidate mentee during clinical practice or residency in the classroom of the educator during a teacher preparation program, or provide induction support to a newly certified teacher mentee during the first 2 years of employment after completion of a teacher preparation program (including clinical practice); (ii) provide support for a teacher candidate mentee during clinical practice or a teacher residency program, or a beginning teacher mentee during an induction program, including information on the resources and support based at the school and the local educational agency serving the school; (iii) establish a role model relationship for a mentee; (iv) observe the mentee’s teaching methods in classroom settings and be observed modeling best practices; (v) provide mentoring to a mentee teaching in the same field, grade, or subject; and (vi) promote empirically based practice of, and scientifically valid research on, where applicable— (I) teaching and learning; (II) assessment of student learning; (III) the development of teaching skills through the use of instructional and behavioral interventions; and (IV) the improvement of the capacity of the mentees to create inclusive learning environments and measurably advance student learning among diverse learners. (10) Rural area The term rural area 7 U.S.C. 1991(a)(13)(A) (11) Rural school district The term rural school district (12) Secretary The term Secretary (13) STEM The term STEM (14) Teaching residency program The term teaching residency program 20 U.S.C. 1021 4. Addressing Teacher Shortages Program (a) Addressing Teacher Shortages Program established (1) Grants authorized (A) In general From amounts made available to carry out this Act, the Secretary shall establish an Addressing Teacher Shortages Program, through which the Secretary shall award grants, on a competitive basis, to eligible entities to enable the eligible entities to carry out activities described in subsection (d) in continuous consultation with the schools served by the eligible entity. (B) Planning grants Notwithstanding subparagraph (A), the Secretary may use funds made available under this section, and not required for purposes of subsection (c)(2), to award, on a competitive basis, 1-year planning grants to eligible entities that have not received grants under subparagraph (A), to assist with the costs of preparing and submitting an application under subsection (b). (2) Duration A grant awarded under paragraph (1)(A)— (A) shall be for a period of at least 5 years; and (B) may be renewed if the eligible entity demonstrates sufficient positive outcomes as described in section 5 and evidence of potential for continued success in achieving the goals of the initial grant. (b) Application (1) In general An eligible entity desiring a grant under subsection (a)(1)(A) shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (2) Contents An application submitted under paragraph (1) shall— (A) describe the selected activities described in subsection (d) for which assistance under this section is sought; (B) include a description of the evaluation plan required under section 5; (C) provide such additional assurances as the Secretary determines to be essential to ensure compliance with the requirements of this Act; and (D) if seeking support for a teaching residency program, demonstrate that the institution of higher education that is a partner in the eligible entity is approved to prepare candidates for State teaching licensure or certification. (c) Award basis (1) In general The Secretary shall determine the minimum number, and the dollar amount, of grants provided under this section based on the amount made available under section 7. (2) Award basis In awarding grants under this section, the Secretary shall— (A) reserve 5 percent of the grant funds available to carry out this section for the Secretary of the Interior, to enable the Secretary of the Interior to carry out the purposes of this Act in schools supported by the Bureau of Indian Education; and (B) use, from the amount remaining after the application of subparagraph (A) and to the extent practicable based on the applications received under subsection (b)— (i) not less than 25 percent of the remaining amount to address teacher shortage challenges in local educational agencies serving rural areas; (ii) not less than 25 percent of the remaining amount to address shortages in high-need subject areas; and (iii) not less than 25 percent of the grant funds available to diversify the teaching workforce. (3) Priority (A) In general Subject to subparagraph (B), in evaluating applications for grants under subsection (a)(1)(A), the Secretary shall provide a competitive priority for applications proposing programs that will— (i) address the shortages described in clauses (i) and (ii) of paragraph (2)(B); and (ii) include partnerships with minority-serving institutions, such as historically Black colleges and universities, Hispanic-serving institutions (as defined in section 502 of the Higher Education Act of 1965 ( 20 U.S.C. 1101a 20 U.S.C. 1059c (B) Priority for teaching residency and Grow Your Own programs In reviewing applications for grants under subsection (a)(1)(A) that propose to cover costs associated with teaching residency programs or Grow Your Own programs, the Secretary shall provide a competitive priority to eligible entities that propose to carry out a program designed to prepare, for teaching licensure or certification, individuals who, as of the date of the individuals' application or acceptance into the program— (i) are employed by a local educational agency participating in the eligible entity as a paraprofessional, substitute teacher, or other employee of the school community; and (ii) have been so employed for not less than 3 years. (d) Use of funds A recipient of a grant under subsection (a)(1)(A) shall use grant funds for not less than one of the following activities: (1) Establishing or expanding teaching residency programs, which may include covering— (A) all or part of a resident’s tuition in exchange for a commitment to teach in the community for a minimum of 3 years; (B) resident salaries; (C) mentor teacher incentives; (D) facilities or infrastructure for a distance learning classroom within the school for onsite coursework and practical learning; and (E) any other purpose that the Secretary determines appropriate. (2) Establishing or expanding a teacher mentor program, which may include providing a training program or endorsement for school-based mentor teachers. (3) Establishing or expanding a Grow Your Own program. (4) Establishing or expanding a 2+2 program. (5) Establishing or expanding a program at an institution of higher education that encourages students majoring in STEM fields to take courses in education. (6) Establishing or expanding teacher preparation pathways in secondary schools. (7) Establishing or expanding other evidence-based strategies to increase teacher retention and support teachers, including— (A) increasing access to, and the effective use of, technology for the purpose of providing professional development to educators in rural or remote areas; (B) supporting teachers in fulfilling additional credit requirements needed for a teacher to— (i) become licensed or certified in additional subject areas; (ii) earn an additional qualification or licensure or certification endorsement that meets a specific need of the school in which the teacher is employed; (iii) earn additional qualifications to obtain National Board Certification; or (iv) qualify to teach Advanced Placement, International Baccalaureate, or dual or concurrent enrollment programs; (C) providing opportunities for career advancement that offer increased pay for teachers who demonstrate expertise and take on additional leadership roles; (D) establishing induction programs for novice teachers during their first 2 years in the profession; (E) (i) providing tuition assistance, a stipend, or a housing allowance during student teaching to student teachers participating in the program who commit to teaching placements that would address any of the shortages described in clause (i) or (ii) of subsection (c)(2)(B); and (ii) if the eligible entity chooses to do so, and only after assisting student teachers under clause (i), providing a stipend or housing allowance to teachers in their first or second year of teaching who commit to teaching placements that would address any of the shortages described in clause (i) or (ii) of subsection (c)(2)(B); or (F) providing professional development for school administrators focusing on teacher leadership or teacher retention. (e) Matching funds (1) In general An eligible entity that receives a grant under subsection (a)(1)(A) shall provide, toward the cost of the activities assisted under the grant and from non-Federal sources, an amount equal to or greater than the amount of the grant, subject to paragraph (2). (2) Reduction or waiver of matching funds If the Secretary determines necessary based on the economic condition of the eligible entity, the Secretary may— (A) determine that a lesser matching amount than described in paragraph (1) is required, based on a sliding scale; or (B) waive the requirements of paragraph (1). (f) Designated personnel for under-Resourced applications The Secretary shall designate not less than 1 employee who, during and preceding the application period for a grant under this Act, will exclusively support under-resourced eligible entities with the preparation of grant applications under subsection (a)(1)(A). 5. Evaluation and reporting (a) Evaluation Each entity submitting an application for a grant under section 4(a)(1)(A) shall establish, and include in such application, an evaluation plan that includes relevant and measurable performance objectives. At a minimum, the plan shall include objectives and measures for— (1) educator retention rates in the first 3 and 5 years for teachers, principals, and other educators participating in the program supported under the grant; (2) (A) pass rates and scaled scores for initial State licensure or certification of teachers for participating teachers; or (B) pass rates and average scores on valid and reliable teacher performance assessments for participating teachers; (3) the number of participating teachers, principals, and other educators who are hired by the high-need local educational agency; (4) the percentage of participating teachers, principals, and other educators who are members of underrepresented groups; (5) the percentage of participating teachers who teach high-need fields or academic subject areas such as STEM fields, language instruction educational programs for limited English proficient students, and special education; and (6) the percentage of participating teachers and other educators who teach in high-need schools, disaggregated by the elementary school and secondary school levels. (b) Reporting (1) Eligible entity reports (A) In general At the end of the third year and the fifth year of a grant awarded under section 4(a)(1)(A), each eligible entity receiving such grant shall prepare and submit to the Secretary a report regarding the program carried out under this Act, including the program's performance with respect to the objectives and measures described in subsection (a). (B) Additional reports In the case of an eligible entity whose grant under section 4(a)(1)(A) was renewed or was for an initial period of more than 5 years, the eligible entity shall submit a report described in subparagraph (A) on an annual basis for each year of the renewal or each year after the fifth year of the grant, respectively. (2) Secretary reports By not later than 2 years after the date of enactment of this Act, and every 2 years thereafter, the Secretary shall submit a report to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and Labor of the House of Representatives about the strengths and weaknesses of the grant program carried out under section 4. 6. Sense of the Senate It is the sense of the Senate that teaching should be formally recognized as a career pathway that is part of career and technical education, as defined in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2302 7. Authorization of appropriations There is authorized to be appropriated to carry out this Act such sums as may be necessary for each of fiscal years 2024 through 2029.

Addressing Teacher Shortages Act of 2023

Improving Care and Access to Nurses Act or the I CAN Act This bill allows other health care providers besides physicians (e.g., nurses) to provide certain services under Medicare and Medicaid. Among other changes, the bill (1) allows a nurse practitioner or physician assistant to fulfill documentation requirements for Medicare coverage of special shoes for diabetic individuals; (2) expedites the ability of physician assistants, nurse practitioners, and clinical nurse specialists to supervise Medicare cardiac, intensive cardiac, and pulmonary rehabilitation programs; and (3) allows nurse practitioners to certify the need for inpatient hospital services under Medicare and Medicaid.

115 S5212 IS: Improving Care and Access to Nurses Act U.S. Senate 2022-12-08 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 2d Session S. 5212 IN THE SENATE OF THE UNITED STATES December 8, 2022 Mr. Merkley Committee on Finance A BILL To amend titles XVIII and XIX of the Social Security Act and the Bipartisan Budget Act of 2018 to increase access to services provided by advanced practice registered nurses under the Medicare and Medicaid programs, and for other purposes. 1. Short title; table of contents (a) In general This Act may be cited as the Improving Care and Access to Nurses Act I CAN Act (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. TITLE I—Removal of Barriers to Practice on Nurse Practitioners Sec. 101. Expanding access to cardiac rehabilitation programs and pulmonary rehabilitation programs under Medicare program. Sec. 102. Permitting nurse practitioners to satisfy Medicare documentation requirement for coverage of certain shoes for individuals with diabetes. Sec. 103. Improvements to the assignment of beneficiaries under the Medicare shared savings program. Sec. 104. Expanding the availability of medical nutrition therapy services under the Medicare program. Sec. 105. Preserving access to home infusion therapy under the Medicare program. Sec. 106. Increasing access to hospice care services under the Medicare program. Sec. 107. Streamlining care delivery in skilled nursing facilities and nursing facilities; authorizing medicare and medicaid inpatient hospital patients to be under the care of a nurse practitioner. Sec. 108. Improving access to Medicaid clinic services. TITLE II—Removal of Barriers to Practice on Certified Registered Nurse Anesthetists Sec. 201. Clarifying that certified registered nurse anesthetists can be reimbursed by Medicare for evaluation and management services. Sec. 202. Revision of conditions of payment relating to services ordered and referred by certified registered nurse anesthetists. Sec. 203. Special payment rule for teaching student registered nurse anesthetists. Sec. 204. Removing unnecessary and costly supervision of certified registered nurse anesthetists. Sec. 205. CRNA services as a Medicaid-required benefit. TITLE III—Removal of Barriers to Practice on Certified Nurse-Midwives Sec. 301. Improving access to training in maternity care. Sec. 302. Improving Medicare patient access to home health services provided by certified nurse-midwives. Sec. 303. Improving access to DMEPOS for Medicare beneficiaries. Sec. 304. Technical changes to qualifications and conditions with respect to the services of certified nurse-midwives. TITLE IV—Improving Federal Health Programs for All Advanced Practice Registered Nurses Sec. 401. Revising the local coverage determination process under the Medicare program. Sec. 402. Locum tenens. I Removal of Barriers to Practice on Nurse Practitioners 101. Expanding access to cardiac rehabilitation programs and pulmonary rehabilitation programs under Medicare program (a) Cardiac rehabilitation programs Section 1861(eee) of the Social Security Act ( 42 U.S.C. 1395x(eee) (1) in paragraph (2)— (A) in subparagraph (A)(i), by striking a physician’s office the office of a physician (as defined in subsection (r)(1)) or the office of a nurse practitioner, clinical nurse specialist, or physician assistant (as those terms are defined in subsection (aa)(5)) (B) in subparagraph (C), by inserting (as defined in subsection (r)(1)), nurse practitioner, clinical nurse specialist, or physician assistant (as those terms are defined in subsection (aa)(5)) physician (2) in paragraph (3)(A), by striking physician-prescribed exercise exercise prescribed by a physician (as defined in subsection (r)(1)), nurse practitioner, clinical nurse specialist, or physician assistant (as those terms are defined in subsection (aa)(5)) (3) in paragraph (5), in the matter preceding subparagraph (A), by inserting (as defined in subsection (r)(1)), nurse practitioner, clinical nurse specialist, or physician assistant (as those terms are defined in subsection (aa)(5)), physician (b) Pulmonary rehabilitation programs Section 1861(fff) of the Social Security Act ( 42 U.S.C. 1395x(fff) (1) in paragraph (2)(A), by striking physician-prescribed exercise exercise prescribed by a physician (as defined in subsection (r)(1)), nurse practitioner, clinical nurse specialist, or physician assistant (as those terms are defined in subsection (aa)(5)) (2) in paragraph (3), in the matter preceding subparagraph (A), by inserting after physician (as defined in subsection (r)(1)), nurse practitioner, clinical nurse specialist, or physician assistant (as those terms are defined in subsection (aa)(5)), (c) Effective date (1) In general The amendments made by subsections (a) and (b) shall apply to items and services furnished on or after the date that is 3 months after the date of enactment of this Act. (2) Expediting implementation of supervision authority Section 51008(c) of the Bipartisan Budget Act of 2018 ( Public Law 115–123 42 U.S.C. 1395x January 1, 2024 January 1, 2023 102. Permitting nurse practitioners to satisfy Medicare documentation requirement for coverage of certain shoes for individuals with diabetes (a) In general Section 1861(s)(12) of the Social Security Act ( 42 U.S.C. 1395x(s)(12) (1) in subparagraph (A), by inserting , nurse practitioner, or physician assistant physician (2) in subparagraph (C), by inserting , nurse practitioner, or physician assistant physician (b) Effective date The amendments made by this section shall apply to items and services furnished on or after January 1, 2023. 103. Improvements to the assignment of beneficiaries under the Medicare shared savings program Section 1899(c)(1) of the Social Security Act ( 42 U.S.C. 1395jjj(c)(1) (1) in subparagraph (A), by striking and (2) in subparagraph (B), by striking the period at the end and inserting ; and (3) by adding at the end the following new subparagraph: (C) in the case of performance years beginning on or after January 1, 2023, primary care services provided under this title by an ACO professional described in subsection (h)(1)(B). . 104. Expanding the availability of medical nutrition therapy services under the Medicare program Section 1861(vv)(1) of the Social Security Act ( 42 U.S.C. 1395x(vv)(1) , a nurse practitioner, or a clinical nurse specialist (as such terms are defined in subsection (aa)(5)) 105. Preserving access to home infusion therapy under the Medicare program (a) Allowing applicable providers To establish home infusion therapy plans Section 1861(iii)(1)(B) of the Social Security Act ( 42 U.S.C. 1395x(iii)(1)(B) (1) by striking a physician (as defined in subsection (r)(1)) an applicable provider (as defined in paragraph (3)(A)) (2) by striking a physician (as so defined) an applicable provider (as so defined) (b) Conforming amendment Section 1834(u)(6) of the Social Security Act ( 42 U.S.C. 1395m(u)(6) physician applicable provider (as defined in section 1861(iii)(3)(A)) 106. Increasing access to hospice care services under the Medicare program (a) In general Section 1814(a)(7)(A) of the Social Security Act ( 42 U.S.C. 1395f(a)(7)(A) (1) in clause (i)(I), by striking a nurse practitioner or (2) in clause (i)(II), by inserting or nurse practitioner physician (3) in clause (ii), by striking or physician , physician, or nurse practitioner (b) Hospice care definition Section 1861(dd)(1)(C) of the Social Security Act ( 42 U.S.C. 1395x(dd)(1)(C) or nurse practitioner physician 107. Streamlining care delivery in skilled nursing facilities and nursing facilities; authorizing medicare and medicaid inpatient hospital patients to be under the care of a nurse practitioner (a) Medicare (1) Certification of post-hospital extended care services Section 1814(a)(2) of the Social Security Act ( 42 U.S.C. 1395f(a)(2) , or a nurse practitioner, or a nurse practitioner (in accordance with State law), or (2) Certification authority for nurse practitioners Section 1814(a)(3) of the Social Security Act ( 42 U.S.C. 1395f(a)(3) or nurse practitioner physician (3) Supervision requirement in skilled nursing facility services Section 1819(b)(6)(A) of the Social Security Act ( 42 U.S.C. 1395i–3(b)(6)(A) (A) in the heading, by striking Physician supervision Supervision (B) by inserting or a nurse practitioner, in accordance with State law physician (4) Administration of part B Section 1842(b)(2)(C) of the Social Security Act ( 42 U.S.C. 1395u(b)(2)(C) working in collaboration with that physician (5) Provision of medical and other health services Section 1861(s)(2)(K)(ii) of the Social Security Act ( 42 U.S.C. 1395x(s)(2)(K)(ii) or clinical nurse specialist (as defined in subsection (aa)(5)) working in collaboration (as defined in subsection (aa)(6)) with a physician (as defined in subsection (r)(1)) (as defined in subsection (aa)(5)(A)), or by a clinical nurse specialist (as defined in subsection (aa)(5)(B)) working in collaboration with a physician (as defined in subsection (r)(1)), (6) Privileges for nurse practitioners Section 1861 of the Social Security Act ( 42 U.S.C. 1395x (A) in subsection (e)(4), by inserting (or nurse practitioner, in accordance with State law) physician (B) in subsection (f)(1), by inserting or nurse practitioner physician (C) in each of subparagraphs (B) and (F) of subsection (ee)(2), by inserting or nurse practitioner physician (b) Medicaid (1) Certification authority for nurse practitioners Section 1902(a)(44) of the Social Security Act ( 42 U.S.C. 1396a(a)(44) (44) in each case for which payment for inpatient hospital services, skilled nursing facility services, services in an intermediate care facility described in section 1905(d), or inpatient mental hospital services is made under the State plan— (A) a physician or nurse practitioner (or, in the case of skilled nursing facility services or intermediate care facility services, a physician or nurse practitioner, or a clinical nurse specialist who is not an employee of the facility but is working in collaboration with a physician) certifies at the time of admission, or, if later, the time the individual applies for medical assistance under the State plan (and a physician or nurse practitioner, or a physician assistant under the supervision of a physician, or, in the case of skilled nursing facility services or intermediate care facility services, a physician or nurse practitioner, or a clinical nurse specialist who is not an employee of the facility but is working in collaboration with a physician, recertifies, where such services are furnished over a period of time, in such cases, at least as often as required under section 1903(g)(6) (or, in the case of services that are services provided in an intermediate care facility, every year), and accompanied by such supporting material, appropriate to the case involved, as may be provided in regulations of the Secretary), that such services are or were required to be given on an inpatient basis because the individual needs or needed such services, and (B) such services were furnished under a plan established and periodically reviewed and evaluated by a physician or nurse practitioner, or, in the case of skilled nursing facility services or intermediate care facility services, by a physician or nurse practitioner, or a clinical nurse specialist who is not an employee of the facility but is working in collaboration with a physician; . (2) Nursing facility services supervision and clinical records Section 1919(b)(6)(A) of the Social Security Act ( 42 U.S.C. 1396r(b)(6)(A) (A) require that the health care of every resident be provided under the supervision of a physician or nurse practitioner (or, at the option of a State, under the supervision of a clinical nurse specialist or physician assistant who is not an employee of the facility but who is working in collaboration with a physician); . 108. Improving access to Medicaid clinic services Section 1905(a)(9) of the Social Security Act ( 42 U.S.C. 1396d(a)(9) or nurse practitioner physician II Removal of Barriers to Practice on Certified Registered Nurse Anesthetists 201. Clarifying that certified registered nurse anesthetists can be reimbursed by Medicare for evaluation and management services Section 1861(bb)(1) of the Social Security Act ( 42 U.S.C. 1395x(bb)(1) , including pre-anesthesia evaluation and management services, and related care 202. Revision of conditions of payment relating to services ordered and referred by certified registered nurse anesthetists Not later than 3 months after the date of enactment of this Act, the Secretary of Health and Human Services shall revise section 410.69 of title 42, Code of Federal Regulations, to clarify that, for purposes of payment under part B of title XVIII of the Social Security Act— (1) certified registered nurse anesthetists are authorized to order, certify, and refer services to the extent allowed under the law of the State in which the services are furnished; and (2) payment shall be made under such part for such services so ordered, certified, or referred by certified registered nurse anesthetists. 203. Special payment rule for teaching student registered nurse anesthetists Section 1848(a)(6) of the Social Security Act ( 42 U.S.C. 1395w–4(a)(6) or student registered nurse anesthetists physician residents 204. Removing unnecessary and costly supervision of certified registered nurse anesthetists Section 1861(bb)(2) of the Social Security Act ( 42 U.S.C. 1395x(bb)(2) (1) in the second sentence, by inserting , but may not require that certified registered nurse anesthetists provide services under the supervision of a physician certification of nurse anesthetists (2) in the third sentence, by inserting under the supervision of an anesthesiologist an anesthesiologist assistant 205. CRNA services as a Medicaid-required benefit (a) In general Section 1905(a)(5) of the Social Security Act ( 42 U.S.C. 1396d(a)(5) (1) by striking and (B) (B) (2) by inserting before the semicolon at the end the following: , and (C) services furnished by a certified registered nurse anesthetist (as defined in section 1861(bb)(2)), which such certified registered nurse anesthetist is authorized to perform under State law (or the State regulatory mechanism as provided by State law) (b) Payment Section 1902(a) of the Social Security Act ( 42 U.S.C. 1396d(a) (1) in paragraph (86), by striking and (2) in paragraph (87), by striking the period and inserting ; and (3) by inserting after paragraph (87) the following new paragraph: (88) provide for payment for the services of a certified registered nurse anesthetist (as defined in section 1861(bb)(1)) in amounts no lower than the amounts, using the same methodology, used for payment for amounts under section 1833(a)(1)(H). . III Removal of Barriers to Practice on Certified Nurse-Midwives 301. Improving access to training in maternity care (a) Medicare payments for supervision by certified nurse-Midwives Paragraph (1) of section 1861(gg) of the Social Security Act ( 42 U.S.C. 1395x(gg) (1) The term certified nurse-midwife services (A) such services furnished by a certified nurse-midwife (as defined in paragraph (2)); and (B) such services (and such supplies and services furnished as an incident to the nurse-midwife's service) which— (i) the certified nurse-midwife is legally authorized to perform under State law (or the State regulatory mechanism provided by State law) as would otherwise be covered if furnished by a physician; (ii) are furnished under the supervision of a certified-nurse midwife by an intern or resident-in-training (as described in subsection (b)(6)); (iii) would otherwise be described in subparagraph (A) if furnished by a certified nurse-midwife; and (iv) would otherwise be covered if furnished under the supervision of a physician. . (b) Clarifying permissibility of using certain grants for clinical training by certified nurse-Midwives Section 811(a)(1) of the Public Health Service Act ( 42 U.S.C. 296j(a)(1) , including clinical training, projects 302. Improving Medicare patient access to home health services provided by certified nurse-midwives (a) In general Section 1835(a) of the Social Security Act ( 42 U.S.C. 1395n(a) (1) in paragraph (2)— (A) by inserting or a certified nurse-midwife (as defined in section 1861(gg)), or a physician assistant (as defined in section 1861(aa)(5)) who is working in accordance with State law, (B) in subparagraph (A)— (i) in each of clauses (ii) and (iii), by striking or a physician assistant (as the case may be) a physician assistant, or a certified nurse-midwife (as the case may be) (ii) in clause (iv), by— (I) inserting or by a certified nurse-midwife (as defined in section 1861(gg)) (but in no case later than the date that is 6 months after the date of the enactment of the CARES Act (II) by striking (as defined in section 1861(gg)) (2) in the matter following paragraph (2), by striking or physician assistant (as the case may be) physician assistant, or certified nurse-midwife (as the case may be) (b) Conforming amendments Section 1895 of the Social Security Act ( 42 U.S.C. 1395fff (1) in subsection (c)(1), by inserting a certified nurse-midwife (as defined in section 1861(gg)), clinical nurse specialist (as those terms are defined in section 1861(aa)(5)), (2) in subsection (e)(1)(A), by striking a physician a nurse practitioner or clinical nurse specialist, a physician, a nurse practitioner, a clinical nurse specialist, a certified nurse-midwife, 303. Improving access to DMEPOS for Medicare beneficiaries Section 1834(a) of the Social Security Act ( 42 U.S.C. 1395m(a) (1) in paragraph (1)(E)(ii) by striking or a clinical nurse specialist (as those terms are defined in section 1861(aa)(5)) , a clinical nurse specialist (as those terms are defined in section 1861(aa)(5)), or a certified nurse-midwife (as defined in section 1861(gg)) (2) in paragraph (11)(B)(ii)— (A) by striking or a clinical nurse specialist (as those terms are defined in section 1861(aa)(5)) a clinical nurse specialist (as those terms are defined in section 1861(aa)(5)), or a certified nurse-midwife (as defined in section 1861(gg)) (B) by striking or specialist specialist, or nurse-midwife 304. Technical changes to qualifications and conditions with respect to the services of certified nurse-midwives Section 1861(gg)(2) of the Social Security Act ( 42 U.S.C. 1395x(gg)(2) , or has been certified by an organization recognized by the Secretary and has been certified by the American Midwifery Certification Board (or a successor organization) IV Improving Federal Health Programs for All Advanced Practice Registered Nurses 401. Revising the local coverage determination process under the Medicare program (a) In general Section 1862(l)(5) of the Social Security Act ( 42 U.S.C. 1395y(l)(5) (1) in subparagraph (D), by adding at the end the following new clauses: (vi) Identification of any medical or scientific experts whose advice was obtained by such contractor during the development of such determination, whether or not such contractor relied on such advice in developing such determination. (vii) A hyperlink to any written communication between such contractor and another entity that such contractor relied on when developing such determination. (viii) A hyperlink to any rule, guideline, protocol, or other criterion that such contractor relied on when developing such determination. ; and (2) by adding at the end the following new subparagraphs: (E) Prohibition on imposition of practitioner qualifications The Secretary shall prohibit a Medicare administrative contractor that develops a local coverage determination from imposing such determination on any coverage limitation with respect to the qualifications of a physician (as defined in section 1861(r)) or a practitioner described in section 1842(b)(18)(C) who may furnish the item or service that is the subject of such determination. (F) Civil monetary penalty A Medicare administrative contractor that develops a local coverage determination that fails to make information described in subparagraph (D) available as required by the Secretary under such subparagraph or comply with the prohibition under subparagraph (E) is subject to a civil monetary penalty of not more than $10,000 for each such failure. The provisions of section 1128A (other than subsections (a) and (b)) shall apply to a civil money penalty under the previous sentence in the same manner as such provisions apply to a penalty or proceeding under section 1128A(a). . (b) Timing of review Section 1869(f)(2) of the Social Security Act ( 42 U.S.C. 1395ff(f)(2) (D) Timing of review An aggrieved party may file a complaint described in subparagraph (A) with respect to a local coverage determination on or after the date that such determination is posted, in accordance with section 1862(l)(5)(D), on the Internet website of the Medicare administrative contractor making such determination, whether or not such determination has taken effect. . (c) Effective date The amendments made by this section shall apply to local coverage determinations made available on the Internet website of a Medicare administrative contractor and on the Medicare Internet website on or after the date of the enactment of this Act. 402. Locum tenens (a) In general Section 1842(b)(6) of the Social Security Act ( 42 U.S.C. 1395u(b)(6) (1) by striking and (J) , (J) (2) by inserting before the period at the end the following , and (K) in the case of services furnished by a certified registered nurse anesthetist (as defined in section 1861(bb)(2)), nurse practitioner, or clinical nurse specialist (as defined in section 1861(aa)(5)), or a certified nurse-midwife (as defined in section 1861(gg)(2)), subparagraph (D) of this sentence shall apply to such services and such anesthetist, practitioner, specialist, or nurse-midwife in the same manner as such subparagraph applies to physicians’ services furnished by physicians (b) Implementation Not later than 90 days after the date of the enactment of this Act, the Secretary of Health and Human Services shall update all applicable regulations and subregulatory guidance necessary to carry out this section.

Improving Care and Access to Nurses Act

Caring for All Families Act This bill expands who is permitted to take qualifying family and medical leave and provides additional leave for parents and family caregivers. The bill grants leave to private sector and federal employees to care for a domestic partner and any individual whose close association with such employees is like a family relationship, regardless of biological or legal relationship, if (1) such individual has a serious health condition, or (2) there is a qualifying exigency due to such employees' active duty in the Armed Forces. The bill entitles an employee who is a domestic partner, next of kin of a member of the Armed Forces, or any individual whose close association is like a family relationship, regardless of biological or legal relationship, to take leave to care for the service member. The bill entitles private sector and federal employees to take additional leave to participate in or attend their children's and grandchildren's school or community organization activities, meet routine family medical care needs, or care for their elderly relatives.

118 S242 IS: Caring for All Families Act U.S. Senate 2023-02-02 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 242 IN THE SENATE OF THE UNITED STATES February 2, 2023 Mr. Durbin Mr. Blumenthal Ms. Duckworth Mrs. Gillibrand Ms. Smith Mr. Brown Mrs. Murray Mr. Welch Committee on Health, Education, Labor, and Pensions A BILL To amend the Family and Medical Leave Act of 1993 and title 5, United States Code, to permit leave to care for a domestic partner, parent-in-law, or adult child, or another related individual, who has a serious health condition, and to allow employees to take, as additional leave, parental involvement and family wellness leave to participate in or attend their children’s and grandchildren’s educational and extracurricular activities or meet family care needs. 1. Short title This Act may be cited as the Caring for All Families Act 2. Leave to care for a domestic partner, son-in-law, daughter-in-law, parent-in-law, adult child, grandparent, grandchild, or sibling of the employee, or another related individual (a) Definitions (1) Inclusion of related individuals Section 101 of the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2611 (20) Any other individual whose close association is the equivalent of a family relationship The term any other individual whose close association is the equivalent of a family relationship (21) Domestic partner The term domestic partner (A) the person recognized as the domestic partner of the employee under any domestic partnership or civil union law of a State or political subdivision of a State; or (B) in the case of an unmarried employee, an unmarried adult person who is in a committed, personal relationship with the employee, is not a domestic partner as described in subparagraph (A) to or in such a relationship with any other person, and who is designated to the employer by such employee as that employee’s domestic partner. (22) Grandchild The term grandchild (23) Grandparent The term grandparent (24) Nephew; niece The terms nephew niece (25) Parent-in-law The term parent-in-law (26) Sibling The term sibling (27) Son-in-law; daughter-in-law The terms son-in-law daughter-in-law (28) Uncle; Aunt The terms uncle aunt . (2) Inclusion of adult children and children of a domestic partner Section 101(12) of such Act ( 29 U.S.C. 2611(12) (A) by inserting a child of an individual’s domestic partner, a legal ward, (B) by striking who is— and includes an adult child. (b) Leave Requirement Section 102 of the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2612 (1) in subsection (a)— (A) in paragraph (1)— (i) in subparagraph (C), by striking spouse, or a son, daughter, or parent, of the employee, if such spouse, son, daughter, or parent spouse or domestic partner, or a son or daughter, son-in-law or daughter-in-law, parent, parent-in-law, grandparent, grandchild, sibling, uncle or aunt, or nephew or niece of the employee, or any other individual whose close association is the equivalent of a family relationship with the employee, if such spouse, domestic partner, son or daughter, son-in-law or daughter-in-law, parent, parent-in-law, grandparent, grandchild, sibling, uncle or aunt, or nephew or niece, or such other individual (ii) in subparagraph (E), by striking spouse, or a son, daughter, or parent of the employee spouse or domestic partner, or a son or daughter, son-in-law or daughter-in-law, parent, parent-in-law, grandchild, sibling, uncle or aunt, or nephew or niece of the employee, or any other individual whose close association is the equivalent of a family relationship with the employee (B) in paragraph (3), by striking spouse, son, daughter, parent, or next of kin of a covered servicemember spouse or domestic partner, son or daughter, son-in-law or daughter-in-law, parent, parent-in-law, grandparent, sibling, uncle or aunt, nephew or niece, or next of kin of a covered servicemember, or any other individual whose close association is the equivalent of a family relationship with the covered servicemember (2) in subsection (e)— (A) in paragraph (2)(A), by striking son, daughter, spouse, parent, or covered servicemember of the employee, as appropriate son or daughter, son-in-law or daughter-in-law, spouse or domestic partner, parent, parent-in-law, grandparent, grandchild, sibling, uncle or aunt, nephew or niece, or covered servicemember of the employee, or any other individual whose close association is the equivalent of a family relationship with the employee, as appropriate (B) in paragraph (3), by striking spouse, or a son, daughter, or parent, of the employee spouse or domestic partner, or a son or daughter, son-in-law or daughter-in-law, parent, parent-in-law, grandchild, sibling, uncle or aunt, or nephew or niece of the employee, or any other individual whose close association is the equivalent of a family relationship with the employee, as appropriate, (3) in subsection (f)— (A) in paragraph (1)— (i) in the matter preceding subparagraph (A), by inserting , or domestic partners, husband and wife (ii) in subparagraph (B), by inserting or parent-in-law parent (B) in paragraph (2), by inserting , or those domestic partners, husband and wife (c) Certification Section 103 of the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2613 (1) in subsection (a), by striking son, daughter, spouse, or parent of the employee, or of the next of kin of an individual in the case of leave taken under such paragraph (3), as appropriate son or daughter, son-in-law or daughter-in-law, spouse or domestic partner, parent, parent-in-law, grandparent, grandchild, sibling, uncle or aunt, or nephew or niece of the employee, or the next of kin of an individual, or any other individual whose close association is the equivalent of a family relationship with the employee, as appropriate (2) in subsection (b)— (A) in paragraph (4)(A), by striking son, daughter, spouse, or parent and an estimate of the amount of time that such employee is needed to care for the son, daughter, spouse, or parent son or daughter, son-in-law or daughter-in-law, spouse or domestic partner, parent, parent-in-law, grandparent, grandchild, sibling, uncle or aunt, or nephew or niece of the employee, or any other individual whose close association is the equivalent of a family relationship with the employee, as appropriate, and an estimate of the amount of time that such employee is needed to care for such son or daughter, son-in-law or daughter-in-law, spouse or domestic partner, parent, parent-in-law, grandparent, grandchild, sibling, uncle or aunt, or nephew or niece, or such other individual (B) in paragraph (7), by striking son, daughter, parent, or spouse who has a serious health condition, or will assist in their recovery, son or daughter, son-in-law or daughter-in-law, spouse or domestic partner, parent, parent-in-law, grandparent, grandchild, sibling, uncle or aunt, or nephew or niece, with a serious health condition, of the employee, or an individual, with a serious health condition, who is any other individual whose close association is the equivalent of a family relationship with the employee, as appropriate, or will assist in the recovery, (d) Employment and Benefits Protection Section 104(c)(3) of the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2614(c)(3) (1) in subparagraph (A)(i), by striking son, daughter, spouse, or parent of the employee, as appropriate, son or daughter, son-in-law or daughter-in-law, spouse or domestic partner, parent, parent-in-law, grandparent, grandchild, sibling, uncle or aunt, or nephew or niece of the employee, or any other individual whose close association is the equivalent of a family relationship with the employee, as appropriate, (2) in subparagraph (C)(ii), by striking son, daughter, spouse, or parent employee's son or daughter, son-in-law or daughter-in-law, spouse or domestic partner, parent, parent-in-law, grandparent, grandchild, sibling, uncle or aunt, or nephew or niece, or (with relation to the employee) any other individual whose close association is the equivalent of a family relationship, as appropriate, 3. Leave to care for a domestic partner, son-in-law, daughter-in-law, parent-in-law, adult child, grandparent, grandchild, or sibling of the employee, or another related individual for Federal employees (a) Definitions (1) Inclusion of a domestic partner, son-in-law, daughter-in-law, parent-in-law, adult child, grandparent, grandchild, or sibling of the employee, or another individual whose close association is the equivalent of a family relationship Section 6381 of title 5, United States Code, is amended— (A) in paragraph (11) by striking ; and (B) in paragraph (12), by striking the period and inserting a semicolon; and (C) by adding at the end the following: (13) the term any other individual whose close association is the equivalent of a family relationship (14) the term domestic partner (A) the person recognized as the domestic partner of the employee under any domestic partnership or civil union law of a State or political subdivision of a State; or (B) in the case of an unmarried employee, an unmarried adult person who is in a committed, personal relationship with the employee, is not a domestic partner as described in subparagraph (A) or in such a relationship with any other person, and who is designated to the employing agency by such employee as that employee’s domestic partner; (15) the term grandchild (16) the term grandparent (17) the terms nephew niece (18) the term parent-in-law (19) the term sibling (20) the terms son-in-law daughter-in-law (21) the term State 29 U.S.C. 203 (22) the terms uncle aunt . (2) Inclusion of adult children and children of a domestic partner Section 6381(6) of such title is amended— (A) by inserting a child of an individual’s domestic partner, a legal ward, (B) by striking who is— and includes an adult child (b) Leave Requirement Section 6382 of title 5, United States Code, is amended— (1) in subsection (a)— (A) in paragraph (1)— (i) in subparagraph (C), by striking spouse, or a son, daughter, or parent, of the employee, if such spouse, son, daughter, or parent spouse or domestic partner, or a son or daughter, son-in-law or daughter-in-law, parent, parent-in-law, grandparent, grandchild, sibling, uncle or aunt, or nephew or niece of the employee, or any other individual whose close association with the employee is the equivalent of a family relationship, if such spouse, domestic partner, son or daughter, son-in-law or daughter-in-law, parent, parent-in-law, grandparent, grandchild, sibling, uncle or aunt, or nephew or niece, or such other individual (ii) in subparagraph (E), by striking spouse, or a son, daughter, or parent of the employee spouse or domestic partner, or a son or daughter, son-in-law or daughter-in-law, parent, parent-in-law, grandchild, sibling, uncle or aunt, or nephew or niece of the employee, or any other individual whose close association is the equivalent of a family relationship with the employee (B) in paragraph (3), by striking spouse, son, daughter, parent, or next of kin of a covered servicemember spouse or domestic partner, son or daughter, son-in-law or daughter-in-law, parent, parent-in-law, grandparent, sibling, uncle or aunt, nephew or niece, or next of kin of a covered servicemember, or any other individual whose close association is the equivalent of a family relationship with the covered servicemember (2) in subsection (e)— (A) in paragraph (2)(A), by striking son, daughter, spouse, parent, or covered servicemember of the employee, as appropriate son or daughter, son-in-law or daughter-in-law, spouse or domestic partner, parent, parent-in-law, grandparent, grandchild, sibling, uncle or aunt, nephew or niece, or covered servicemember of the employee, or any other individual whose close association is the equivalent of a family relationship with the employee, as appropriate (B) in paragraph (3), by striking spouse, or a son, daughter, or parent, of the employee spouse or domestic partner, or a son or daughter, son-in-law or daughter-in-law, parent, parent-in-law, grandchild, sibling, uncle or aunt, or nephew or niece of the employee, or any other individual whose close association is the equivalent of a family relationship with the employee, as appropriate, (c) Certification Section 6383 of title 5, United States Code, is amended— (1) in subsection (a), by striking son, daughter, spouse, or parent of the employee, as appropriate son or daughter, son-in-law or daughter-in-law, spouse or domestic partner, parent, parent-in-law, grandparent, grandchild, sibling, uncle or aunt, or nephew or niece of the employee, or any other individual whose close association is the equivalent of a family relationship with the employee, as appropriate (2) in subsection (b)(4)(A), by striking son, daughter, spouse, or parent, and an estimate of the amount of time that such employee is needed to care for such son, daughter, spouse, or parent son or daughter, son-in-law or daughter-in-law, spouse or domestic partner, parent, parent-in-law, grandparent, grandchild, sibling, uncle or aunt, or nephew or niece of the employee, or any other individual whose close association is the equivalent of a family relationship with the employee, as appropriate, and an estimate of the amount of time that such employee is needed to care for such son or daughter, son-in-law or daughter-in-law, spouse or domestic partner, parent, parent-in-law, grandparent, grandchild, sibling, uncle or aunt, or nephew or niece, or such other individual 4. Entitlement to additional leave under the FMLA for parental involvement and family wellness (a) Leave requirement Section 102(a) of the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2612(a) (1) by redesignating paragraph (5) as paragraph (6); and (2) by inserting after paragraph (4) the following new paragraph: (5) Entitlement to additional leave for parental involvement and family wellness (A) In general Subject to subparagraph (B) and section 103(g), an eligible employee shall be entitled to leave under this paragraph to— (i) participate in or attend an activity that is sponsored by a school or community organization and relates to a program of the school or organization that is attended by a son or daughter or a grandchild of the employee; or (ii) meet routine family medical care needs (including by attending medical and dental appointments of the employee or a son or daughter, spouse or domestic partner, or grandchild of the employee) or attend to the care needs of an elderly individual who is any other individual whose close association is the equivalent of a family relationship with the employee (including by making visits to nursing homes or group homes). (B) Limitations (i) In general An eligible employee shall be entitled to— (I) not to exceed 4 hours of leave under this paragraph during any 30-day period; and (II) not to exceed 24 hours of leave under this paragraph during any 12-month period described in paragraph (4). (ii) Coordination rule Leave under this paragraph shall be in addition to any leave provided under any other paragraph of this subsection. (C) Definitions As used in this paragraph: (i) Community organization The term community organization (ii) School The term school Elementary and Secondary Education Act of 1965 20 U.S.C. 7801 Head Start Act 42 U.S.C. 9831 et seq. . (b) Schedule Section 102(b)(1) of such Act ( 29 U.S.C. 2612(b)(1) Subject to subsection (e)(4) and section 103(g), leave under subsection (a)(5) may be taken intermittently or on a reduced leave schedule. (c) Substitution of paid leave Section 102(d)(2) of such Act ( 29 U.S.C. 2612(d)(2) (C) Parental involvement leave and family wellness leave (i) Vacation leave; personal leave; family leave An eligible employee may elect, or an employer may require the employee, to substitute any of the accrued paid vacation leave, personal leave, or family leave of the employee for any part of the period of leave under subsection (a)(5). (ii) Medical or sick leave An eligible employee may elect, or an employer may require the employee, to substitute any of the accrued paid medical or sick leave of the employee for any part of the period of leave provided under clause (ii) of subsection (a)(5)(A), except that nothing in this title shall require an employer to provide paid sick leave or paid medical leave in any situation in which such employer would not normally provide any such paid leave. (iii) Prohibition on restrictions and limitations If the employee elects or the employer requires the substitution of accrued paid leave for leave under subsection (a)(5), the employer shall not restrict or limit the leave that may be substituted or impose any additional terms and conditions on the substitution of such leave that are more stringent for the employee than the terms and conditions set forth in this Act. . (d) Notice Section 102(e) of such Act ( 29 U.S.C. 2612(e) (4) Notice relating to parental involvement and family wellness leave In any case in which an employee requests leave under paragraph (5) of subsection (a), the employee shall— (A) provide the employer with not less than 7 days’ notice, or (if such notice is impracticable) such notice as is practicable, before the date the leave is to begin, of the employee’s intention to take leave under such paragraph; and (B) in the case of leave to be taken under subsection (a)(5)(A)(ii), make a reasonable effort to schedule the activity or care involved so as not to disrupt unduly the operations of the employer, subject to the approval of the health care provider involved (if any). . (e) Certification Section 103 of such Act ( 29 U.S.C. 2613 (g) Certification related to parental involvement and family wellness leave An employer may require that a request for leave under section 102(a)(5) be supported by a certification issued at such time and in such manner as the Secretary may by regulation prescribe. . 5. Entitlement of Federal employees to leave for parental involvement and family wellness (a) Leave requirement Section 6382(a) of title 5, United States Code, as amended by section 3(b), is further amended by adding at the end the following new paragraph: (5) (A) Subject to subparagraph (B) and section 6383(f), an employee shall be entitled to leave under this paragraph to— (i) participate in or attend an activity that is sponsored by a school or community organization and relates to a program of the school or organization that is attended by a son or daughter or a grandchild of the employee; or (ii) meet routine family medical care needs (including by attending medical and dental appointments of the employee or a son or daughter, spouse or domestic partner, or grandchild of the employee) or to attend to the care needs of an elderly individual who is any other individual whose close association is the equivalent of a family relationship with the employee (including by making visits to nursing homes and group homes). (B) (i) An employee is entitled to— (I) not to exceed 4 hours of leave under this paragraph during any 30-day period; and (II) not to exceed 24 hours of leave under this paragraph during any 12-month period described in paragraph (4). (ii) Leave under this paragraph shall be in addition to any leave provided under any other paragraph of this subsection. (C) For the purpose of this paragraph— (i) the term community organization (ii) the term school Elementary and Secondary Education Act of 1965 20 U.S.C. 7801 Head Start Act 42 U.S.C. 9831 et seq. . (b) Schedule Section 6382(b)(1) of such title is amended— (1) by inserting after the third sentence the following new sentence: Subject to subsection (e)(4) and section 6383(f), leave under subsection (a)(5) may be taken intermittently or on a reduced leave schedule. (2) in the last sentence, by striking involved, involved (or, in the case of leave under subsection (a)(5), for purposes of the 30-day or 12-month period involved), (c) Substitution of paid leave Section 6382(d) of such title is amended by adding at the end the following: (3) An employee may elect to substitute for any part of the period of leave under subsection (a)(5), any of the employee’s accrued or accumulated annual or sick leave. If the employee elects the substitution of that accrued or accumulated annual or sick leave for leave under subsection (a)(5), the employing agency shall not restrict or limit the leave that may be substituted or impose any additional terms and conditions on the substitution of such leave that are more stringent for the employee than the terms and conditions set forth in this subchapter. . (d) Notice Section 6382(e) of such title, as amended by section 3(b)(2), is further amended by adding at the end the following new paragraph: (4) In any case in which an employee requests leave under paragraph (5) of subsection (a), the employee shall— (A) provide the employing agency with not less than 7 days’ notice, or (if such notice is impracticable) such notice as is practicable, before the date the leave is to begin, of the employee’s intention to take leave under such paragraph; and (B) in the case of leave to be taken under subsection (a)(5)(A)(ii), make a reasonable effort to schedule the activity or care involved so as not to disrupt unduly the operations of the employing agency, subject to the approval of the health care provider involved (if any). . (e) Certification Section 6383(f) of such title is amended by striking paragraph (1)(E) or (3) of paragraph (1)(E), (3) or (5) of

Caring for All Families Act

HUBS for Veterans Act of 2023 This bill establishes a grant program to assist the transition of military personnel to civilian life. It directs the Department of Labor to carry out a five-year grant program for nonprofit organizations, state boards, or local boards to assist the transition of the following persons from Armed Forces service to civilian life: members eligible for preseparation counseling, former members who are transitioning to civilian life, and spouses of such members or former members. Funds must be used for a range of services and assistance, such as career and training services.

118 S2431 IS: HUBS for Veterans Act U.S. Senate 2023-07-20 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 2431 IN THE SENATE OF THE UNITED STATES July 20, 2023 Mr. Bennet Mr. Crapo Mr. Hickenlooper Mr. Risch Committee on Veterans' Affairs A BILL To require the Secretary of Labor, in coordination with the Secretary of Veterans Affairs, to carry out a grant program to assist certain members or former members of the Armed Forces in transitioning to civilian life, and for other purposes. 1. Short title This Act may be cited as the HUBS for Veterans Act 2. Grants for provision of transition assistance to members and former members of the Armed Forces after separation, retirement, or discharge (a) Definitions (1) In general In this section: (A) Covered individuals The term covered individual (i) a member of the Armed Forces who is eligible for preseparation counseling under sections 1142 and 1144 of title 10, United States Code; (ii) a former member of the Armed Forces who is transitioning from service in the Armed Forces to civilian life; or (iii) a spouse of a member described in clause (i) or a former member described in clause (ii). (B) Eligible organizations The term eligible organization (C) Nonprofit organization The term nonprofit organization section 501(c)(3) (D) Secretary concerned The term Secretary concerned (E) Supportive services The term supportive services (F) Transition Assistance Program The term Transition Assistance Program (G) Veterans service organization The term veterans service organization (2) WIOA terms Except as otherwise provided, any term used in this Act that is defined in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 (b) Grant program Not later than 180 days after the date of enactment of this Act, the Secretary of Labor shall, in coordination with the Secretary of Veterans Affairs, carry out a program to award grants to eligible organizations for the provision of assistance to covered individuals on the transition of a member or former member of the Armed Forces from service in the Armed Forces to civilian life. (c) Duration of program The Secretary of Labor shall carry out the program under this section during the 5-year period beginning on the date of the commencement of the program. (d) Grants (1) In general The Secretary of Labor shall carry out the program under this section through the award of grants to eligible organizations for the provision of assistance described in subsection (b). (2) Matching funds required A grant under this section shall be in an amount that does not exceed 50 percent of the amount required by the organization to provide the services described in subsection (f). (e) Selection of grant recipients (1) Applications An organization seeking a grant under this section shall submit to the Secretary of Labor an application for such grant at such time, in such manner, and containing such information and assurances as the Secretary, in consultation with the Secretary of Veterans Affairs, may require. (2) Priority for hubs of services In awarding grants under this section, the Secretary of Labor shall give priority to an organization that provides multiple forms of services described in subsection (f). (f) Use of funds The recipient of a grant under this section shall use the grant to coordinate for covered individuals any of the following: (1) Career and training services, including the provision of such services available through a workforce development system. (2) Mental health services provided by a provider of the Department of Veterans Affairs or through a nonprofit organization. (3) Legal assistance. (4) Supportive services. (5) Assistance with accessing benefits provided under laws administered by the Secretary of Veterans Affairs. (6) Non-clinical case management. (7) Entrepreneurship training. (8) Such other services that may be related to the assistance and services set forth in this subsection as the Secretary of Labor, in consultation with the Secretary of Veterans Affairs, determines may lead directly to successful transition to civilian life. (g) Inclusion in Transition Assistance Program counseling The Secretary concerned shall include in the information provided to a member of the Armed Forces during the Transition Assistance Program information regarding any recipient of a grant under this section that is located in the community in which that member will reside after separation, retirement, or discharge from the Armed Forces. (h) Authorization of appropriations There is authorized to be appropriated to the Secretary of Labor $2,000,000 for each of fiscal years 2024 through 2028 to carry out this section.

HUBS for Veterans Act

Transportation, Housing and Urban Development, and Related Agencies Appropriations Act, 2024 This bill provides FY2024 appropriations to the Department of Transportation (DOT), the Department of Housing and Urban Development (HUD), and several related agencies. The bill provides appropriations to DOT for the Office of the Secretary, the Federal Aviation Administration, the Federal Highway Administration, the Federal Motor Carrier Safety Administration, the National Highway Traffic Safety Administration, the Federal Railroad Administration, the Federal Transit Administration, the Great Lakes St. Lawrence Seaway Development Corporation, the Maritime Administration, the Pipeline and Hazardous Materials Safety Administration, and the Office of Inspector General. The bill provides appropriations to HUD for Management and Administration, Public and Indian Housing, Community Planning and Development, Housing Programs, the Federal Housing Administration, the Government National Mortgage Association (Ginnie Mae), Policy Development and Research, Fair Housing and Equal Opportunity, the Office of Lead Hazard Control and Healthy Homes, the Information Technology Fund, and the Office of Inspector General. The bill also provides appropriations to several related agencies, including the Access Board, the Federal Maritime Commission, the National Railroad Passenger Corporation (Amtrak) Office of Inspector General, the National Transportation Safety Board, the Neighborhood Reinvestment Corporation, the Surface Transportation Board, and the U.S. Interagency Council on Homelessness. Additionally, the bill sets forth requirements and restrictions for using funds provided by this and other appropriations acts.

118 S2437 RS: Transportation, Housing and Urban Development, and Related Agencies Appropriations Act, 2024 U.S. Senate 2023-07-20 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II Calendar No. 143 118th CONGRESS 1st Session S. 2437 [Report No. 118–70] IN THE SENATE OF THE UNITED STATES July 20, 2023 Mr. Schatz Committee on Appropriations A BILL Making appropriations for the Departments of Transportation, and Housing and Urban Development, and related agencies for the fiscal year ending September 30, 2024, and for other purposes. That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the Departments of Transportation, and Housing and Urban Development, and related agencies for the fiscal year ending September 30, 2024, and for other purposes, namely: I DEPARTMENT OF TRANSPORTATION Office of the Secretary SALARIES AND EXPENSES For necessary expenses of the Office of the Secretary, $191,295,000: Provided, (1) $3,770,000 shall be available for the immediate Office of the Secretary; (2) $1,370,000 shall be available for the immediate Office of the Deputy Secretary; (3) $32,272,000 shall be available for the Office of the General Counsel; (4) $20,064,000 shall be available for the Office of the Under Secretary of Transportation for Policy, of which $2,000,000 is for the Office for Multimodal Freight Infrastructure and Policy: Provided (5) $22,724,000 shall be available for the Office of the Assistant Secretary for Budget and Programs; (6) $7,138,000,000 shall be available for the Office of the Assistant Secretary for Governmental Affairs; (7) $43,284,000 shall be available for the Office of the Assistant Secretary for Administration; (8) $6,244,000 shall be available for the Office of Public Affairs and Public Engagement; (9) $2,515,000 shall be available for the Office of the Executive Secretariat; (10) $16,506,000 shall be available for the Office of Intelligence, Security, and Emergency Response; (11) $33,879,000 shall be available for the Office of the Chief Information Officer; and (12) $1,529,000 shall be available for the Office of Tribal Government Affairs: Provided further, Secretary Provided further, Provided further, Provided further, Provided further, RESEARCH AND TECHNOLOGY For necessary expenses related to the Office of the Assistant Secretary for Research and Technology, $51,358,000, of which $35,745,000 shall remain available until expended: Provided Provided further Provided further Provided further, National Infrastructure Investments (INCLUDING TRANSFER OF FUNDS) For necessary expenses to carry out a local and regional project assistance grant program under section 6702 of title 49, United States Code, $800,000,000, to remain available until expended: Provided, Provided further, Provided further, Provided further, Provided further, Provided further, Provided further, Provided further, Provided further, Provided further, Provided further, Provided further, Provided further, Provided further, Provided further, Provided further, NATIONAL SURFACE TRANSPORTATION AND INNOVATIVE FINANCE BUREAU For necessary expenses of the National Surface Transportation and Innovative Finance Bureau as authorized by 49 U.S.C. 116 Provided, Provided further, Provided further, RURAL AND TRIBAL INFRASTRUCTURE ADVANCEMENT For necessary expenses to carry out rural and Tribal infrastructure advancement as authorized in section 21205 of Public Law 117–58 Provided, RAILROAD REHABILITATION AND IMPROVEMENT FINANCING PROGRAM The Secretary is authorized to issue direct loans and loan guarantees pursuant to chapter 224 FINANCIAL MANAGEMENT CAPITAL For necessary expenses for upgrading and enhancing the Department of Transportation's financial systems and re-engineering business processes, $5,000,000, to remain available through September 30, 2025. CYBER SECURITY INITIATIVES For necessary expenses for cyber security initiatives, including necessary upgrades to network and information technology infrastructure, improvement of identity management and authentication capabilities, securing and protecting data, implementation of Federal cyber security initiatives, and implementation of enhanced security controls on agency computers and mobile devices, $49,000,000, to remain available until September 30, 2025. OFFICE OF CIVIL RIGHTS For necessary expenses of the Office of Civil Rights, $18,228,000. TRANSPORTATION PLANNING, RESEARCH, AND DEVELOPMENT (INCLUDING TRANSFER OF FUNDS) For necessary expenses for conducting transportation planning, research, systems development, development activities, and making grants, $24,069,000, to remain available until expended: Provided, Provided further, Provided further, Provided further, Congressionally Directed Spending WORKING CAPITAL FUND (INCLUDING TRANSFER OF FUNDS) For necessary expenses for operating costs and capital outlays of the Working Capital Fund, not to exceed $522,165,000, shall be paid from appropriations made available to the Department of Transportation: Provided, Provided further, Public Law 117–58 Provided further, Provided further, SMALL AND DISADVANTAGED BUSINESS UTILIZATION AND OUTREACH For necessary expenses for small and disadvantaged business utilization and outreach activities, $5,330,000, to remain available until September 30, 2025: Provided, Provided further, Office of the Secretary—Minority Business Resource Center Program PAYMENTS TO AIR CARRIERS (AIRPORT AND AIRWAY TRUST FUND) In addition to funds made available from any other source to carry out the essential air service program under sections 41731 through 41742 of title 49, United States Code, $348,554,000, to be derived from the Airport and Airway Trust Fund, to remain available until expended: Provided, Provided further, Provided further, Provided further, Provided further, ADMINISTRATIVE PROVISIONS—OFFICE OF THE SECRETARY OF TRANSPORTATION (INCLUDING RESCISSIONS) (INCLUDING TRANSFER OF FUNDS) 101. None of the funds made available by this Act to the Department of Transportation may be obligated for the Office of the Secretary of Transportation to approve assessments or reimbursable agreements pertaining to funds appropriated to the operating administrations in this Act, except for activities underway on the date of enactment of this Act, unless such assessments or agreements have completed the normal reprogramming process for congressional notification. 102. The Secretary shall post on the web site of the Department of Transportation a schedule of all meetings of the Council on Credit and Finance, including the agenda for each meeting, and require the Council on Credit and Finance to record the decisions and actions of each meeting. 103. In addition to authority provided by section 327 of title 49, United States Code, the Department’s Working Capital Fund is authorized to provide partial or full payments in advance and accept subsequent reimbursements from all Federal agencies from available funds for transit benefit distribution services that are necessary to carry out the Federal transit pass transportation fringe benefit program under Executive Order No. 13150 and section 3049 of SAFETEA–LU ( 5 U.S.C. 7905 Provided, Provided further, Provided further, 104. Receipts collected in the Department’s Working Capital Fund, as authorized by section 327 of title 49, United States Code, for unused transit and van pool benefits, in an amount not to exceed 10 percent of fiscal year 2023 collections, shall be available until expended in the Department’s Working Capital Fund to provide contractual services in support of section 189 of this Act: Provided, 105. None of the funds in this title may be obligated or expended for retention or senior executive bonuses for an employee of the Department of Transportation without the prior written approval of the Assistant Secretary for Administration. 106. In addition to authority provided by section 327 of title 49, United States Code, the Department's Administrative Working Capital Fund is hereby authorized to transfer information technology equipment, software, and systems from Departmental sources or other entities and collect and maintain a reserve at rates which will return full cost of transferred assets. 107. None of the funds provided in this Act to the Department of Transportation may be used to provide credit assistance unless not less than 3 days before any application approval to provide credit assistance under sections 603 and 604 of title 23, United States Code, the Secretary provides notification in writing to the following committees: the House and Senate Committees on Appropriations; the Committee on Environment and Public Works and the Committee on Banking, Housing and Urban Affairs of the Senate; and the Committee on Transportation and Infrastructure of the House of Representatives: Provided, 108. (a) Amounts made available to the Secretary of Transportation or the Department of Transportation’s operating administrations in this Act for the costs of award, administration, or oversight of financial assistance under the programs identified in subsection (c) may be transferred to the account identified in section 801 of division J of Public Law 117–58 (b) Amounts transferred under the authority in this section are available in addition to amounts otherwise available for such purpose. (c) The program from which funds made available under this Act may be transferred under subsection (a) are— (1) the local and regional project assistance program under section 6702 of title 49, United States Code; and (2) the university transportation centers program under section 5505 of title 49, United States Code. 109. Of the amounts made available under the heading National Infrastructure Investments (1) First, to fully fund the projects at the amounts for which they applied under section 109B of the Consolidated Appropriations Act, 2023 (division L of Public Law 117–328 (2) Second, to fund highway infrastructure projects for which the initial grant agreement was executed between January 14, 2021 and February 14, 2021 for awards made from the National Infrastructure Investments program under title I of division G of the Consolidated Appropriations Act, 2019 ( Public Law 116–6 Provided Provided further Provided further Provided further Provided further Provided further Provided further Provided further 109A. Of the unobligated balances of funds made available for Railroad Rehabilitation and Improvement Financing Program Public Law 117–103 109B. For amounts provided for this fiscal year and prior fiscal years, section 24112(c)(2)(B) of Public Law 117–58 30 percent 40 percent Federal Aviation Administration OPERATIONS (AIRPORT AND AIRWAY TRUST FUND) For necessary expenses of the Federal Aviation Administration, not otherwise provided for, including operations and research activities related to commercial space transportation, administrative expenses for research and development, establishment of air navigation facilities, the operation (including leasing) and maintenance of aircraft, subsidizing the cost of aeronautical charts and maps sold to the public, the lease or purchase of passenger motor vehicles for replacement only, $12,740,627,000, to remain available until September 30, 2025, of which $12,103,596,000 to be derived from the Airport and Airway Trust Fund: Provided, (1) not less than $1,745,532,000 shall be available for aviation safety activities; (2) $9,444,828,000 shall be available for air traffic organization activities; (3) $42,018,000 shall be available for commercial space transportation activities; (4) $949,376,000 shall be available for finance and management activities; (5) $70,097,000 shall be available for NextGen and operations planning activities; (6) $163,951,000 shall be available for security and hazardous materials safety activities; and (7) $324,825,000 shall be available for staff offices: Provided further, Provided further, Provided further, Provided further, 49 U.S.C. 40101 Provided further, Provided further, Provided further, Provided further, Provided further, Provided further, Provided further, Provided further, Provided further, Provided further, FACILITIES AND EQUIPMENT (AIRPORT AND AIRWAY TRUST FUND) For necessary expenses, not otherwise provided for, for acquisition, establishment, technical support services, improvement by contract or purchase, and hire of national airspace systems and experimental facilities and equipment, as authorized under part A of subtitle VII of title 49, United States Code, including initial acquisition of necessary sites by lease or grant; engineering and service testing, including construction of test facilities and acquisition of necessary sites by lease or grant; construction and furnishing of quarters and related accommodations for officers and employees of the Federal Aviation Administration stationed at remote localities where such accommodations are not available; and the purchase, lease, or transfer of aircraft from funds made available under this heading, including aircraft for aviation regulation and certification; to be derived from the Airport and Airway Trust Fund, $3,429,000,000, of which $635,000,000 is for personnel and related expenses and shall remain available until September 30, 2025, $2,692,000,000 shall remain available until September 30, 2026, and $102,000,000 is for terminal facilities and shall remain available until September 30, 2028: Provided, Provided further, Provided further, Public Law 117–58 Provided further, Allocation of Funds for FAA Facilities and Equipment from the Infrastructure Investment and Jobs Act—Fiscal Year 2024 Provided further, Provided further, Congressionally Directed Spending Provided further, RESEARCH, ENGINEERING, AND DEVELOPMENT (AIRPORT AND AIRWAY TRUST FUND) For necessary expenses, not otherwise provided for, for research, engineering, and development, as authorized under part A of subtitle VII of title 49, United States Code, including construction of experimental facilities and acquisition of necessary sites by lease or grant, $260,000,000, to be derived from the Airport and Airway Trust Fund and to remain available until September 30, 2026: Provided, Provided further, Provided further, Provided further, Provided further, GRANTS-IN-AID FOR AIRPORTS (LIQUIDATION OF CONTRACT AUTHORIZATION) (LIMITATION ON OBLIGATIONS) (AIRPORT AND AIRWAY TRUST FUND) (INCLUDING TRANSFER OF FUNDS) For liquidation of obligations incurred for grants-in-aid for airport planning and development, and noise compatibility planning and programs as authorized under subchapter I of chapter 471 and subchapter I of chapter 475 Provided, Provided further, Provided further, Provided further, Office of the Secretary, Salaries and Expenses Provided further, GRANTS-IN-AID FOR AIRPORTS For an additional amount for Grants-In-Aid for Airports chapter 475 Provided, chapter 471 Provided further, (1) $200,728,000 shall be made available for the purposes, and in amounts, specified for Congressionally Directed Spending in the table entitled Congressionally Directed Spending Provided, (2) up to $300,000,000 shall be made available to the Secretary to distribute as discretionary grants to airports, of which not less than $25,000,000 shall be made available to any commercial service airport, notwithstanding the requirement for the airport to be located in an air quality nonattainment or maintenance area or to be able to receive emission credits in section 47102(3)(K) and 47102(3)(L) of title 49, United States Code, for work necessary to construct or modify airport facilities to provide low-emission fuel systems, gate electrification, other related air quality improvements, acquisition of airport-owned vehicles or ground support equipment with low-emission technology; and (3) not less than $3,000,000 shall be made available for two remaining projects under section 190 of the FAA Reauthorization Act of 2018 ( Public Law 115–254 Provided Public Law 115–254 Provided further Provided further, Provided further, Provided further, Provided further, Provided further, ADMINISTRATIVE PROVISIONS—FEDERAL AVIATION ADMINISTRATION (INCLUDING RESCISSIONS) 110. None of the funds made available by this Act may be used to compensate in excess of 600 technical staff-years under the federally funded research and development center contract between the Federal Aviation Administration and the Center for Advanced Aviation Systems Development during fiscal year 2024. 111. None of the funds made available by this Act shall be used to pursue or adopt guidelines or regulations requiring airport sponsors to provide to the Federal Aviation Administration without cost building construction, maintenance, utilities and expenses, or space in airport sponsor-owned buildings for services relating to air traffic control, air navigation, or weather reporting: Provided, below-market 112. The Administrator of the Federal Aviation Administration may reimburse amounts made available to satisfy section 41742(a)(1) of title 49, United States Code, from fees credited under section 45303 of title 49, United States Code, and any amount remaining in such account at the close of any fiscal year may be made available to satisfy section 41742(a)(1) of title 49, United States Code, for the subsequent fiscal year. 113. Amounts collected under section 40113(e) of title 49, United States Code, shall be credited to the appropriation current at the time of collection, to be merged with and available for the same purposes as such appropriation. 114. None of the funds made available by this Act shall be available for paying premium pay under section 5546(a) of title 5, United States Code, to any Federal Aviation Administration employee unless such employee actually performed work during the time corresponding to such premium pay. 115. None of the funds made available by this Act may be obligated or expended for an employee of the Federal Aviation Administration to purchase a store gift card or gift certificate through use of a Government-issued credit card. 116. Notwithstanding any other provision of law, none of the funds made available under this Act or any prior Act may be used to implement or to continue to implement any limitation on the ability of any owner or operator of a private aircraft to obtain, upon a request to the Administrator of the Federal Aviation Administration, a blocking of that owner's or operator's aircraft registration number, Mode S transponder code, flight identification, call sign, or similar identifying information from any ground based display to the public that would allow the real-time or near real-time flight tracking of that aircraft’s movements, except data made available to a Government agency, for the noncommercial flights of that owner or operator. 117. None of the funds made available by this Act shall be available for salaries and expenses of more than nine political and Presidential appointees in the Federal Aviation Administration. 118. None of the funds made available by this Act may be used to increase fees pursuant to section 44721 of title 49, United States Code, until the Federal Aviation Administration provides to the House and Senate Committees on Appropriations a report that justifies all fees related to aeronautical navigation products and explains how such fees are consistent with Executive Order No. 13642. 119. None of the funds made available by this Act may be used to close a regional operations center of the Federal Aviation Administration or reduce its services unless the Administrator notifies the House and Senate Committees on Appropriations not less than 90 full business days in advance. 119A. None of the funds made available by or limited by this Act may be used to change weight restrictions or prior permission rules at Teterboro airport in Teterboro, New Jersey. 119B. None of the funds made available by this Act may be used by the Administrator of the Federal Aviation Administration to withhold from consideration and approval any new application for participation in the Contract Tower Program, or for reevaluation of Cost-share Program participants so long as the Federal Aviation Administration has received an application from the airport, and so long as the Administrator determines such tower is eligible using the factors set forth in Federal Aviation Administration published establishment criteria. 119C. None of the funds made available by this Act may be used to open, close, redesignate as a lesser office, or reorganize a regional office, the aeronautical center, or the technical center unless the Administrator submits a request for the reprogramming of funds under section 405 of this Act. 119D. The Federal Aviation Administration Administrative Services Franchise Fund may be reimbursed after performance or paid in advance from funds available to the Federal Aviation Administration and other Federal agencies for which the Fund performs services. 119E. None of the funds appropriated or otherwise made available to the FAA may be used to carry out the FAA’s obligations under section 44502(e) of title 49, United States Code, unless the eligible air traffic system or equipment to be transferred to the FAA under section 44502(e) of title 49, United States Code, was purchased by the transferor airport— (1) during the period of time beginning on October 5, 2018 and ending on December 31, 2021; or (2) on or after January 1, 2022 for transferor airports located in a non-contiguous States. 119F. Of the unobligated balances available to the Federal Aviation Administration, the following funds are hereby permanently rescinded: (1) $1,590,528.89 from funds made available for Federal Aviation Administration—Facilities and Equipment Public Law 104–50 (2) $2,878.02 from funds made available for Federal Aviation Administration—Facilities and Equipment Public Law 108–324 119G. None of the funds made available in this or any other Act shall be used to facilitate the assignment of individuals from a private-sector organization to the FAA to serve on a temporary basis. Federal Highway Administration LIMITATION ON ADMINISTRATIVE EXPENSES (HIGHWAY TRUST FUND) (INCLUDING TRANSFER OF FUNDS) Not to exceed $483,551,671 together with advances and reimbursements received by the Federal Highway Administration, shall be obligated for necessary expenses for administration and operation of the Federal Highway Administration: Provided, FEDERAL-AID HIGHWAYS (LIMITATION ON OBLIGATIONS) (HIGHWAY TRUST FUND) Funds available for the implementation or execution of authorized Federal-aid highway and highway safety construction programs shall not exceed total obligations of $60,095,782,888 for fiscal year 2024: Provided, (LIQUIDATION OF CONTRACT AUTHORIZATION) (HIGHWAY TRUST FUND) For the payment of obligations incurred in carrying out authorized Federal-aid highway and highway safety construction programs, $60,792,659,888 shall be derived from the Highway Trust Fund (other than the Mass Transit Account), to remain available until expended. HIGHWAY INFRASTRUCTURE PROGRAMS (INCLUDING TRANSFER OF FUNDS) There is hereby appropriated to the Secretary $2,046,738,000: Provided, Federal-aid Highways chapter 1 Public Law 102–240 23 U.S.C. 201 40 U.S.C. 15101 et seq. Provided further, Public Law 117–58 Provided further, Provided further, (1) $701,738,000 shall be for the purposes, and in the amounts, specified for Congressionally Directed Spending in the table entitled Congressionally Directed Spending Provided, chapter 1 Provided further chapter 2 Public Law 117–58 (2) $100,000,000 shall be for necessary expenses for construction of the Appalachian Development Highway System, as authorized under section 1069(y) of Public Law 102–240 Provided, Appalachian State Provided further, Provided further, chapter 1 Provided further, Provided further, Provided further, Provided further, Provided further, (3) $10,000,000 shall be for the nationally significant Federal lands and Tribal projects program under section 1123 of the FAST Act ( 23 U.S.C. 201 (4) $10,000,000 shall be transferred to the Northern Border Regional Commission ( 40 U.S.C. 15101 et seq. Provided, (5) $5,000,000 shall be transferred to the Denali Commission for activities eligible under section 307(e) of the Denali Commission Act of 1998 ( 42 U.S.C. 3121 Public Law 105–277 Provided, Provided further, Provided further, Provided further, (6) $15,000,000 shall be transferred to the Denali Commission to carry out the Denali Access System Program under section 309 of the Denali Commission Act of 1998 ( 42 U.S.C. 3121 Public Law 105–277 Provided, Provided further, Provided further, Provided further, Provided further, (7) $12,000,000 shall be for the regional infrastructure accelerator demonstration program authorized under section 1441 of the FAST Act ( 23 U.S.C. 601 Provided, (8) $45,000,000 shall be for the active transportation infrastructure investment program under section 11529 of the Infrastructure Investment and Jobs Act ( 23 U.S.C. 217 Provided, chapter 1 Provided further, (9) $3,000,000 shall be to carry out the Pollinator-Friendly Practices on Roadsides and Highway Rights-of-Way Program under section 332 of title 23, United States Code; (10) $1,145,000,000 shall be for a bridge replacement and rehabilitation program: Provided, State qualifying State Provided further, Provided further, Provided further, (A) no qualifying State shall receive more than $60,000,000; (B) each State shall receive an amount not less than $6,000,000; and (C) after calculating the distribution of funds pursuant to the preceding proviso, any amount in excess of $60,000,000 shall be redistributed equally among each State that does not meet the Definition of a qualifying State: Provided further, Provided further, Provided further, chapter 1 ADMINISTRATIVE PROVISIONS—FEDERAL HIGHWAY ADMINISTRATION (INCLUDING RESCISSIONS) (INCLUDING TRANSFER OF FUNDS) 120. (a) For fiscal year 2024, the Secretary of Transportation shall— (1) not distribute from the obligation limitation for Federal-aid highways— (A) amounts authorized for administrative expenses and programs by section 104(a) of title 23, United States Code; and (B) amounts authorized for the Bureau of Transportation Statistics; (2) not distribute an amount from the obligation limitation for Federal-aid highways that is equal to the unobligated balance of amounts— (A) made available from the Highway Trust Fund (other than the Mass Transit Account) for Federal-aid highway and highway safety construction programs for previous fiscal years the funds for which are allocated by the Secretary (or apportioned by the Secretary under section 202 or 204 of title 23, United States Code); and (B) for which obligation limitation was provided in a previous fiscal year; (3) determine the proportion that— (A) the obligation limitation for Federal-aid highways, less the aggregate of amounts not distributed under paragraphs (1) and (2) of this subsection; bears to (B) the total of the sums authorized to be appropriated for the Federal-aid highway and highway safety construction programs (other than sums authorized to be appropriated for provisions of law described in paragraphs (1) through (11) of subsection (b) and sums authorized to be appropriated for section 119 of title 23, United States Code, equal to the amount referred to in subsection (b)(12) for such fiscal year), less the aggregate of the amounts not distributed under paragraphs (1) and (2) of this subsection; (4) distribute the obligation limitation for Federal-aid highways, less the aggregate amounts not distributed under paragraphs (1) and (2), for each of the programs (other than programs to which paragraph (1) applies) that are allocated by the Secretary under authorized Federal-aid highway and highway safety construction programs, or apportioned by the Secretary under section 202 or 204 of title 23, United States Code, by multiplying— (A) the proportion determined under paragraph (3); by (B) the amounts authorized to be appropriated for each such program for such fiscal year; and (5) distribute the obligation limitation for Federal-aid highways, less the aggregate amounts not distributed under paragraphs (1) and (2) and the amounts distributed under paragraph (4), for Federal-aid highway and highway safety construction programs that are apportioned by the Secretary under title 23, United States Code (other than the amounts apportioned for the National Highway Performance Program in section 119 of title 23, United States Code, that are exempt from the limitation under subsection (b)(12) and the amounts apportioned under sections 202 and 204 of that title) in the proportion that— (A) amounts authorized to be appropriated for the programs that are apportioned under title 23, United States Code, to each State for such fiscal year; bears to (B) the total of the amounts authorized to be appropriated for the programs that are apportioned under title 23, United States Code, to all States for such fiscal year. (b) Exceptions from obligation limitation The obligation limitation for Federal-aid highways shall not apply to obligations under or for— (1) section 125 of title 23, United States Code; (2) section 147 of the Surface Transportation Assistance Act of 1978 ( 23 U.S.C. 144 (3) section 9 of the Federal-Aid Highway Act of 1981 (95 Stat. 1701); (4) subsections (b) and (j) of section 131 of the Surface Transportation Assistance Act of 1982 (96 Stat. 2119); (5) subsections (b) and (c) of section 149 of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (101 Stat. 198); (6) sections 1103 through 1108 of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 2027); (7) section 157 of title 23, United States Code (as in effect on June 8, 1998); (8) section 105 of title 23, United States Code (as in effect for fiscal years 1998 through 2004, but only in an amount equal to $639,000,000 for each of those fiscal years); (9) Federal-aid highway programs for which obligation authority was made available under the Transportation Equity Act for the 21st Century (112 Stat. 107) or subsequent Acts for multiple years or to remain available until expended, but only to the extent that the obligation authority has not lapsed or been used; (10) section 105 of title 23, United States Code (as in effect for fiscal years 2005 through 2012, but only in an amount equal to $639,000,000 for each of those fiscal years); (11) section 1603 of SAFETEA–LU ( 23 U.S.C. 118 (12) section 119 of title 23, United States Code (but, for each of fiscal years 2013 through 2024, only in an amount equal to $639,000,000). (c) Redistribution of unused obligation authority Notwithstanding subsection (a), the Secretary shall, after August 1 of such fiscal year— (1) revise a distribution of the obligation limitation made available under subsection (a) if an amount distributed cannot be obligated during that fiscal year; and (2) redistribute sufficient amounts to those States able to obligate amounts in addition to those previously distributed during that fiscal year, giving priority to those States having large unobligated balances of funds apportioned under sections 144 (as in effect on the day before the date of enactment of Public Law 112–141 (d) Applicability of obligation limitations to transportation research programs (1) In general Except as provided in paragraph (2), the obligation limitation for Federal-aid highways shall apply to contract authority for transportation research programs carried out under— (A) chapter 5 (B) title VI of the Fixing America's Surface Transportation Act; and (C) title III of division A of the Infrastructure Investment and Jobs Act ( Public Law 117–58 (2) Exception Obligation authority made available under paragraph (1) shall— (A) remain available for a period of 4 fiscal years; and (B) be in addition to the amount of any limitation imposed on obligations for Federal-aid highway and highway safety construction programs for future fiscal years. (e) Redistribution of certain authorized funds (1) In general Not later than 30 days after the date of distribution of obligation limitation under subsection (a), the Secretary shall distribute to the States any funds (excluding funds authorized for the program under section 202 of title 23, United States Code) that— (A) are authorized to be appropriated for such fiscal year for Federal-aid highway programs; and (B) the Secretary determines will not be allocated to the States (or will not be apportioned to the States under section 204 of title 23, United States Code), and will not be available for obligation, for such fiscal year because of the imposition of any obligation limitation for such fiscal year. (2) Ratio Funds shall be distributed under paragraph (1) in the same proportion as the distribution of obligation authority under subsection (a)(5). (3) Availability Funds distributed to each State under paragraph (1) shall be available for any purpose described in section 133(b) of title 23, United States Code. 121. Notwithstanding 31 U.S.C. 3302 chapter 63 122. Not less than 15 days prior to waiving, under his or her statutory authority, any Buy America requirement for Federal-aid highways projects, the Secretary of Transportation shall make an informal public notice and comment opportunity on the intent to issue such waiver and the reasons therefor: Provided, 123. None of the funds made available in this Act may be used to make a grant for a project under section 117 of title 23, United States Code, unless the Secretary, at least 60 days before making a grant under that section, provides written notification to the House and Senate Committees on Appropriations of the proposed grant, including an evaluation and justification for the project and the amount of the proposed grant award. 124. (a) A State or territory, as defined in section 165 of title 23, United States Code, may use for any project eligible under section 133(b) of title 23 or section 165 of title 23 and located within the boundary of the State or territory any earmarked amount, and any associated obligation limitation: Provided, (b) In this section, the term earmarked amount (1) congressionally directed spending, as defined in rule XLIV of the Standing Rules of the Senate, identified in a prior law, report, or joint explanatory statement, which was authorized to be appropriated or appropriated more than 10 fiscal years prior to the current fiscal year, and administered by the Federal Highway Administration; or (2) a congressional earmark, as defined in rule XXI of the Rules of the House of Representatives, identified in a prior law, report, or joint explanatory statement, which was authorized to be appropriated or appropriated more than 10 fiscal years prior to the current fiscal year, and administered by the Federal Highway Administration. (c) The authority under subsection (a) shall be applied to projects within the same general geographic area within 25 miles for which the funding was designated. (d) The Secretary shall submit consolidated reports of the information provided by the States and territories annually to the House and Senate Committees on Appropriations. 125. (a) Of the unallocated and unobligated balances available to the Federal Highway Administration, the following funds are hereby permanently rescinded, subject to subsections (b) and (c), from the following accounts and programs in the specified amounts: (1) $33,437,074.13 from funds available in the Surface Transportation Priorities (2) $1,839,129.40 from funds available in the Delta Regional Transportation Development Program (3) $11,064,579.57 from funds available in the Appalachian Development Highway System (4) $9,264.22 from funds available in the Highway Beautification (5) $1,375,400 from funds available in the State Infrastructure Banks (6) $90,435 from funds available in the Railroad-Highway Crossings Demonstration Projects (7) $5,211,248.53 from funds available in the Interstate Transfer Grants—Highway (8) $133,231.12 from funds available in the Kentucky Bridge Project (9) $2,887.56 from funds available in the Highway Demonstration Project—Preliminary Engineering (10) $149,083.06 from funds available in the Highway Demonstration Projects (11) $68,438.40 from funds available in the Miscellaneous Highway Projects (b) No amounts may be cancelled under subsection (a) from any funds for which a State exercised its authority under section 125 of division L of Public Law 114–113 Public Law 115–31 Public Law 115–141 Public Law 116–6 Public Law 116–94 Public Law 116–260 Public Law 117–103 Public Law 117–328 (c) No amounts may be cancelled under subsection (a) from any 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. 126. (a) Notwithstanding any other provision of law, of the funds described in subsection (b)— (1) $20,000,000 shall be made available to the Secretary to carry out the national scenic byways program under section 162 of title 23, United States Code: Provided, chapter 1 Provided further, Public Law 117–58 (2) $30,000,000 shall be made available to the Secretary to carry out the nationally significant Federal lands and Tribal projects program under section 1123 of the FAST Act ( 23 U.S.C. 201 (3) $150,000,000 shall be made available to the Secretary for competitive awards for activities eligible under section 176(d)(4) of title 23, United States Code, of which $125,000,000 shall be for such activities eligible under subparagraph (A) of such section and $25,000,000 shall be for such activities eligible under subparagraph (C) of such section: Provided, chapter 1 Provided further, Provided further, Provided further, Provided further, Provided further, Provided further, Public Law 117–58 (b) Funds described in this subsection are any funds that— (1) are unobligated on the date of enactment of this Act; and (2) were made available for credit assistance under— (A) the transportation infrastructure finance and innovation program under subchapter II of chapter 1 (B) the transportation infrastructure finance and innovation program under chapter 6 (c) Funds made available under subsection (a) shall— (1) be subject to the obligation limitation for Federal-aid highway and highway safety construction programs; and (2) unless otherwise specified under this section, be available until September 30, 2027. 127. Section 127 of title 23, United States Code, is amended by inserting at the end the following: (x) Certain agricultural vehicles in the state of mississippi (1) In general The State of Mississippi may allow, by special permit, the operation of a covered agricultural vehicle on the Interstate System in the State of Mississippi if such vehicle does not exceed— (A) a gross vehicle weight of 88,000 pounds; and (B) 110 percent of the maximum weight on any axle or axle group described in subsection (a)(2), including any enforcement tolerance. (2) Covered agricultural vehicle defined In this subsection, the term covered agricultural vehicle (y) Operation of certain vehicles in west virginia (1) In general The State of West Virginia may allow, by special permit, the operation of a vehicle that is transporting materials and equipment on the Interstate System in the State of West Virginia if such vehicle does not exceed 110 percent of the maximum weight on any axle or axle group described in subsection (a)(2), including any enforcement tolerance, provided the remaining gross vehicle weight requirements of subsection (a) are met. (2) definition In this subsection, the term materials and equipment . Federal Motor Carrier Safety Administration MOTOR CARRIER SAFETY OPERATIONS AND PROGRAMS (LIQUIDATION OF CONTRACT AUTHORIZATION) (LIMITATION ON OBLIGATIONS) (HIGHWAY TRUST FUND) (INCLUDING TRANSFER OF FUNDS) For payment of obligations incurred in the implementation, execution and administration of motor carrier safety operations and programs pursuant to section 31110 of title 49, United States Code, as amended by the Infrastructure Investment and Jobs Act ( Public Law 117–58 Provided, Motor Carrier Safety Operations and Programs Provided further, (1) $14,073,000, to remain available for obligation until September 30, 2026, is for the research and technology program; (2) not less than $99,098,000, to remain available for obligation until September 30, 2026, is for development, modernization, enhancement, and continued operation and maintenance of information technology and information management; and (3) not less than $24,000,000, to remain available for obligation until expended, is for a study of the causal factors of fatal medium-duty truck crashes: Provided, Provided further, MOTOR CARRIER SAFETY GRANTS (LIQUIDATION OF CONTRACT AUTHORIZATION) (LIMITATION ON OBLIGATIONS) (HIGHWAY TRUST FUND) For payment of obligations incurred in carrying out sections 31102, 31103, 31104, and 31313 of title 49, United States Code, $516,300,000, to be derived from the Highway Trust Fund (other than the Mass Transit Account) and to remain available until expended: Provided, Motor Carrier Safety Grants Provided further, (1) $406,500,000, to remain available for obligation until September 30, 2025, shall be for the motor carrier safety assistance program; (2) $43,500,000, to remain available for obligation until September 30, 2025, shall be for the commercial driver's license program implementation program; (3) $60,000,000, to remain available for obligation until September 30, 2025, shall be for the high priority program; (4) $1,300,000, to remain available for obligation until September 30, 2025, shall be for the commercial motor vehicle operators grant program; and (5) $5,000,000, to remain available for obligation until September 30, 2025, shall be for the commercial motor vehicle enforcement training and support grant program. ADMINISTRATIVE PROVISIONS—FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION 130. The Federal Motor Carrier Safety Administration shall send notice of section 385.308 of title 49, Code of Federal Regulations, violations by certified mail, registered mail, or another manner of delivery, which records the receipt of the notice by the persons responsible for the violations. 131. None of the funds appropriated or otherwise made available to the Department of Transportation by this Act or any other Act may be obligated or expended to implement, administer, or enforce the requirements of section 31137 of title 49, United States Code, or any regulation issued by the Secretary pursuant to such section, with respect to the use of electronic logging devices by operators of commercial motor vehicles, as defined in section 31132(1) of such title, transporting livestock as defined in section 602 of the Emergency Livestock Feed Assistance Act of 1988 ( 7 U.S.C. 1471 132. None of the funds made available by this or any other Act may be used to require the use of inward facing cameras or require a motor carrier to register an apprenticeship program with the Department of Labor as a condition for participation in the Safe Driver Apprenticeship Pilot Program. National Highway Traffic Safety Administration OPERATIONS AND RESEARCH For expenses necessary to discharge the functions of the Secretary, with respect to traffic and highway safety, authorized under chapter 301 and part C of subtitle VI of title 49, United States Code, $222,000,000, to remain available through September 30, 2025. OPERATIONS AND RESEARCH (LIQUIDATION OF CONTRACT AUTHORIZATION) (LIMITATION ON OBLIGATIONS) (HIGHWAY TRUST FUND) For payment of obligations incurred in carrying out the provisions of section 403 of title 23, United States Code, including behavioral research on Automated Driving Systems and Advanced Driver Assistance Systems and improving consumer responses to safety recalls, section 25024 of the Infrastructure Investment and Jobs Act ( Public Law 117–58 chapter 303 Provided, Provided further, (1) $194,000,000 shall be for programs authorized under section 403 of title 23, United States Code, including behavioral research on Automated Driving Systems and Advanced Driver Assistance Systems and improving consumer responses to safety recalls, and section 25024 of the Infrastructure Investment and Jobs Act ( Public Law 117–58 (2) $7,200,000 shall be for the National Driver Register authorized under chapter 303 Provided further, Provided further, HIGHWAY TRAFFIC SAFETY GRANTS (LIQUIDATION OF CONTRACT AUTHORIZATION) (LIMITATION ON OBLIGATIONS) (HIGHWAY TRUST FUND) For payment of obligations incurred in carrying out provisions of sections 402, 404, and 405 of title 23, United States Code, and grant administration expenses under chapter 4 Provided, chapter 4 Provided further, (1) $378,400,000 shall be for Highway Safety Programs (2) $353,500,000 shall be for National Priority Safety Programs (3) $40,300,000 shall be for the High Visibility Enforcement Program (4) $41,100,800 shall be for grant administrative expenses under chapter 4 Provided further, Provided further, National Priority Safety Programs Impaired Driving Countermeasures Provided further, Transfers Provided further, ADMINISTRATIVE PROVISIONS—NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION 140. An additional $130,000 shall be made available to the National Highway Traffic Safety Administration, out of the amount limited for section 402 of title 23, United States Code, to pay for travel and related expenses for State management reviews and to pay for core competency development training and related expenses for highway safety staff. 141. The limitations on obligations for the programs of the National Highway Traffic Safety Administration set in this Act shall not apply to obligations for which obligation authority was made available in previous public laws but only to the extent that the obligation authority has not lapsed or been used. 142. None of the funds in this Act or any other Act shall be used to enforce the requirements of section 405(a)(9) of title 23, United States Code. Federal Railroad Administration SAFETY AND OPERATIONS For necessary expenses of the Federal Railroad Administration, not otherwise provided for, $267,799,000, of which $25,000,000 shall remain available until expended. RAILROAD RESEARCH AND DEVELOPMENT For necessary expenses for railroad research and development, $59,000,000, to remain available until expended: Provided, FEDERAL-STATE PARTNERSHIP FOR INTERCITY PASSENGER RAIL For necessary expenses related to Federal-State Partnership for Intercity Passenger Rail grants as authorized by section 24911 of title 49, United States Code, $100,000,000, to remain available until expended: Provided, CONSOLIDATED RAIL INFRASTRUCTURE AND SAFETY IMPROVEMENTS (INCLUDING TRANSFER OF FUNDS) For necessary expenses related to Consolidated Rail Infrastructure and Safety Improvements grants, as authorized by section 22907 of title 49, United States Code, $572,861,000, to remain available until expended: Provided, (1) $72,861,000 shall be made available for the purposes, and in amounts, specified for Congressionally Directed Spending in the table entitled Congressionally Directed Spending Provided further, Provided further, (2) not less than $5,000,000 shall be available for workforce development and training activities as authorized under section 22907(c)(13) of title 49, United States Code: Provided further, Provided further, Provided further, chapter 53 Provided further, Provided further, Provided further, Provided further, Public Law 117–58 Provided further, Provided further, NORTHEAST CORRIDOR GRANTS TO THE NATIONAL RAILROAD PASSENGER CORPORATION To enable the Secretary of Transportation to make grants to the National Railroad Passenger Corporation for activities associated with the Northeast Corridor as authorized by section 22101(a) of the Infrastructure Investment and Jobs Act ( Public Law 117–58 Provided, National Network Grants to the National Railroad Passenger Corporation Public Law 117–58 Provided further, Public Law 117–58 NATIONAL NETWORK GRANTS TO THE NATIONAL RAILROAD PASSENGER CORPORATION To enable the Secretary of Transportation to make grants to the National Railroad Passenger Corporation for activities associated with the National Network as authorized by section 22101(b) of the Infrastructure Investment and Jobs Act (division B of Public Law 117–58 Provided, Provided further, Provided further, Public Law 117–58 ADMINISTRATIVE PROVISIONS—FEDERAL RAILROAD ADMINISTRATION (INCLUDING RESCISSIONS) (INCLUDING TRANSFER OF FUNDS) 150. None of the funds made available by this Act may be used by the National Railroad Passenger Corporation in contravention of the Worker Adjustment and Retraining Notification Act ( 29 U.S.C. 2101 et seq. 151. The amounts made available to the Secretary or to the Federal Railroad Administration for the costs of award, administration, and project management oversight of financial assistance which are administered by the Federal Railroad Administration, in this and prior Acts, may be transferred to the Federal Railroad Administration’s Financial Assistance Oversight and Technical Assistance Provided, 152. Of the unobligated balances of funds remaining from— (1) Northeast Corridor Improvement Program Public Law 114–113 (2) Railroad Safety Grants Public Law 113–235 (3) Capital Assistance for High Speed Rail Corridors and Intercity Passenger Rail Service Public Law 111–117 (4) Next Generation High-Speed Rail Public Law 108–447 (5) Grants to the National Railroad Passenger Corporation Public Law 108–447 153. None of the funds made available to the National Railroad Passenger Corporation may be used to fund any overtime costs in excess of $35,000 for any individual employee: Provided, Provided further, Provided further, 154. It is the sense of Congress that— (1) long-distance passenger rail routes provide much-needed transportation access for 4,700,000 riders in 325 communities in 40 States and are particularly important in rural areas; and (2) long-distance passenger rail routes and services should be sustained to ensure connectivity throughout the National Network (as defined in section 24102 of title 49, United States Code). Federal transit administration TRANSIT FORMULA GRANTS (LIQUIDATION OF CONTRACT AUTHORIZATION) (LIMITATION ON OBLIGATIONS) (HIGHWAY TRUST FUND) For payment of obligations incurred in the Federal Public Transportation Assistance Program in this account, and for payment of obligations incurred in carrying out the provisions of 49 U.S.C. 5305 Public Law 112–141 Public Law 114–94 Provided, 49 U.S.C. 5305 Public Law 112–141 Public Law 114–94 TRANSIT INFRASTRUCTURE GRANTS For an additional amount for buses and bus facilities grants under section 5339(b) of title 49, United States Code, low or no emission grants under section 5339(c) of such title, ferry boats grants under section 5307(h) of such title, bus testing facilities under section 5318 of such title, accelerating innovative mobility initiative grants under section 5312 of such title, accelerating the adoption of zero emission buses under section 5312 of such title, Congressionally Directed Spending for projects and activities eligible under chapter 53 of such title, and ferry service for rural communities under section 71103 of division G of Public Law 117–58 Provided, (1) $80,000,000 shall be available for buses and bus facilities competitive grants as authorized under section 5339(b) of such title; (2) $46,000,000 shall be available for the low or no emission grants as authorized under section 5339(c) of such title: Provided (3) $20,000,000 shall be available for ferry boat grants as authorized under section 5307(h) of such title: Provided (4) $2,000,000 shall be available for the operation and maintenance of the bus testing facilities selected under section 5318 of such title; (5) $82,247,000 shall be available for the purposes, and in amounts, specified for Congressionally Directed Spending in the table entitled Congressionally Directed Spending Provided, chapter 53 chapter 53 (6) $23,014,000 shall be available for ferry service for rural communities under section 71103 of division G of Public Law 117–58 Provided, Provided further, Provided further, (7) $10,000,000 shall be for the accelerating innovative mobility initiative as authorized under section 5312 of title 49, United States Code: Provided, (8) $5,000,000 shall be available to support technical assistance, research, demonstration, or deployment activities or projects to accelerate the adoption of zero emission buses in public transit as authorized under section 5312 of title 49, United States Code: Provided further, Provided further, TECHNICAL ASSISTANCE AND TRAINING For necessary expenses to carry out section 5314 of title 49, United States Code, $7,500,000, to remain available until September 30, 2025: Provided, Provided further, Provided further, CAPITAL INVESTMENT GRANTS For necessary expenses to carry out fixed guideway capital investment grants under section 5309 of title 49, United States Code, and section 3005(b) of the Fixing America's Surface Transportation Act ( Public Law 114–94 Provided, (1) $1,910,000,000 shall be available for projects authorized under section 5309(d) of title 49, United States Code; (2) up to $100,000,000 shall be available for projects authorized under section 5309(e) of title 49, United States Code; (3) $340,000,000 shall be available for projects authorized under section 5309(h) of title 49, United States Code; and (4) up to $100,000,000 shall be available for projects authorized under section 3005(b) of the Fixing America’s Surface Transportation Act: Provided further, Provided further, Provided further, Provided further, Provided further, GRANTS TO THE WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY For grants to the Washington Metropolitan Area Transit Authority as authorized under section 601 of division B of the Passenger Rail Investment and Improvement Act of 2008 ( Public Law 110–432 Provided, Provided further, ADMINISTRATIVE PROVISIONS—FEDERAL TRANSIT ADMINISTRATION (INCLUDING RESCISSION) (INCLUDING TRANSFER OF FUNDS) 160. The limitations on obligations for the programs of the Federal Transit Administration shall not apply to any authority under 49 U.S.C. 5338 161. Notwithstanding any other provision of law, funds appropriated or limited by this Act under the heading Capital Investment Grants 162. Notwithstanding any other provision of law, any funds appropriated before October 1, 2023, under any section of chapter 53 163. None of the funds made available by this Act or any other Act shall be used to adjust apportionments or withhold funds from apportionments pursuant to section 9503(e)(4) 26 U.S.C. 9503(e)(4) 164. None of the funds made available by this Act or any other Act shall be used to impede or hinder project advancement or approval for any project seeking a Federal contribution from the capital investment grants program of greater than 40 percent of project costs as authorized under section 5309 of title 49, United States Code. 165. Of the unobligated balances made available before October 1, 2013 for Transit Research 166. (a) Of the unobligated balances made available for the Clean Fuels Grant Program (b) Of the unobligated balances made available for the Rural Transportation Accessibility Incentive Program Public Law 105–178 (c) Of the unobligated balances made available for the Alternatives Analysis Program (d) Of the unobligated balances made available for Alternative Transportation in Parks and Public Lands (e) Of the unobligated balances made available for Job Access and Reverse Commute Formula Grants Federal Transit Administration—Transit Infrastructure Grants Public Law 117–103 (f) Of the unobligated balances made available for New Freedom (g) Of the unobligated balances made available for Bus Capital 167. (a) Funds obligated in fiscal year 2024 for grants under sections 5310 and 5311 of title 49, United States Code, may be used for up to 100 percent of the eligible net costs of a project, notwithstanding subsection (d) of section 5310 and subsection (g) of section 5311 of such title. (b) Notwithstanding section 5339(b)(6)(B) of title 49, United States Code, the Federal share of the costs for which an amount is provided in this Act to a federally recognized Indian Tribe for activities carried out under section 5339(b) of title 49, United States Code, may be, at the option of such Indian Tribe, up to 100 percent. (c) Notwithstanding section 5339(c)(7)(A) of title 49, United States Code, the Federal share of the costs for which an amount is provided in this Act to a federally recognized Indian Tribe for activities carried out under section 5339(c) of title 49, United States Code, may be, at the option of such Indian Tribe, up to 100 percent. 168. Section 5323 of title 49, United States Code, is amended in subsection (q)— (1) in the matter preceding paragraph (1), by striking Corridor preservation Real property interests (2) in paragraph (1)— (A) by striking right-of-way real property interests (B) by inserting acquired may use the (3) in paragraph (2), by striking Right-of-way Real property interests Great Lakes St. Lawrence Seaway Development Corporation The Great Lakes St. Lawrence Seaway Development Corporation is hereby authorized to make such expenditures, within the limits of funds and borrowing authority available to the Corporation, and in accord with law, and to make such contracts and commitments without regard to fiscal year limitations, as provided by section 9104 of title 31, United States Code, as may be necessary in carrying out the programs set forth in the Corporation’s budget for the current fiscal year. OPERATIONS AND MAINTENANCE (HARBOR MAINTENANCE TRUST FUND) For necessary expenses to conduct the operations, maintenance, and capital infrastructure activities on portions of the St. Lawrence Seaway owned, operated, and maintained by the Great Lakes St. Lawrence Seaway Development Corporation, $40,288,000, to be derived from the Harbor Maintenance Trust Fund, pursuant to section 210 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2238 Provided, Maritime Administration MARITIME SECURITY PROGRAM For necessary expenses to maintain and preserve a U.S.-flag merchant fleet as authorized under chapter 531 CABLE SECURITY FLEET For the cable security fleet program, as authorized under chapter 532 TANKER SECURITY PROGRAM For Tanker Security Fleet payments, as authorized under section 53406 of title 46, United States Code, $120,000,000, to remain available until expended. OPERATIONS AND TRAINING For necessary expenses of operations and training activities authorized by law, $283,546,000: Provided, (1) $103,500,000 shall remain available until September 30, 2025, for the operations of the United States Merchant Marine Academy; (2) $22,000,000 shall remain available until expended for facilities maintenance and repair, and equipment, at the United States Merchant Marine Academy; (3) $70,000,000 shall remain available until expended for capital improvements at the United States Merchant Marine Academy; (4) $7,500,000 shall remain available until September 30, 2025, for the Maritime Environmental and Technical Assistance program authorized under section 50307 of title 46, United States Code; and (5) $10,000,000 shall remain available until expended, for the United States Marine Highway Program to make grants for the purposes authorized under section 55601 of title 46, United States Code: Provided further, 46 U.S.C. 51318 Provided further, STATE MARITIME ACADEMY OPERATIONS For necessary expenses of operations, support, and training activities for State Maritime Academies, $131,000,000: Provided, (1) $22,000,000 shall remain available until expended for maintenance, repair, and life extension of training ships at the State Maritime Academies; (2) $91,800,000 shall remain available until expended for the National Security Multi-Mission Vessel Program, including funds for construction, planning, administration, and design of school ships and, as determined by the Secretary, necessary expenses to design, plan, construct infrastructure, and purchase equipment necessary to berth such ships, of which up to $8,900,000 may be used for expenses related to the oversight and management of school ships to include the purchase of equipment and the repair and maintenance of training vessels: Provided (3) $2,400,000 shall remain available until September 30, 2028, for the Student Incentive Program; (4) $8,800,000 shall remain available until expended for training ship fuel assistance; and (5) $6,000,000 shall remain available until September 30, 2025, for direct payments for State Maritime Academies. ASSISTANCE TO SMALL SHIPYARDS To make grants to qualified shipyards as authorized under section 54101 of title 46, United States Code, $20,000,000, to remain available until expended. SHIP DISPOSAL For necessary expenses related to the disposal of obsolete vessels in the National Defense Reserve Fleet of the Maritime Administration, $6,021,000, to remain available until expended. MARITIME GUARANTEED LOAN (TITLE XI) PROGRAM ACCOUNT (INCLUDING TRANSFER OF FUNDS) For the cost of guaranteed loans, $103,020,000, of which $100,000,000 shall remain available until expended: Provided, Provided further, Maritime Administration—Operations and Training PORT INFRASTRUCTURE DEVELOPMENT PROGRAM To make grants to improve port facilities as authorized under section 54301 of title 46, United States Code, $213,000,000, to remain available until expended: Provided, Provided further, Provided further, Public Law 117–263 Provided further, Provided further, ADMINISTRATIVE PROVISION—MARITIME ADMINISTRATION 170. Notwithstanding any other provision of this Act, in addition to any existing authority, the Maritime Administration is authorized to furnish utilities and services and make necessary repairs in connection with any lease, contract, or occupancy involving Government property under control of the Maritime Administration: Provided, Provided further, Pipeline and Hazardous Materials Safety Administration OPERATIONAL EXPENSES For necessary operational expenses of the Pipeline and Hazardous Materials Safety Administration, $31,681,000, of which $4,500,000 shall remain available until September 30, 2026. HAZARDOUS MATERIALS SAFETY For expenses necessary to discharge the hazardous materials safety functions of the Pipeline and Hazardous Materials Safety Administration, $74,556,000, of which $12,070,000 shall remain available until September 30, 2026, of which $1,000,000 shall be made available for carrying out section 5107(i) of title 49, United States Code: Provided, Provided further, PIPELINE SAFETY (PIPELINE SAFETY FUND) (OIL SPILL LIABILITY TRUST FUND) For expenses necessary to carry out a pipeline safety program, as authorized by section 60107 of title 49, United States Code, and to discharge the pipeline program responsibilities of the Oil Pollution Act of 1990 ( Public Law 101–380 Provided, Provided further, OTAs Provided further, Public Law 116–260 Provided further, EMERGENCY PREPAREDNESS GRANTS (LIMITATION ON OBLIGATIONS) (EMERGENCY PREPAREDNESS FUND) For expenses necessary to carry out the Emergency Preparedness Grants program, not more than $46,825,000 shall remain available until September 30, 2026, from amounts made available by section 5116(h) and subsections (b) and (c) of section 5128 of title 49, United States Code: Provided, Provided further, Provided further, Office of Inspector General SALARIES AND EXPENSES For necessary expenses of the Office of Inspector General to carry out the provisions of the Inspector General Act of 1978, as amended, $116,452,000: Provided, 18 U.S.C. 1001 General Provisions—Department of Transportation 180. (a) During the current fiscal year, applicable appropriations to the Department of Transportation shall be available for maintenance and operation of aircraft; hire of passenger motor vehicles and aircraft; purchase of liability insurance for motor vehicles operating in foreign countries on official department business; and uniforms or allowances therefor, as authorized by sections 5901 and 5902 of title 5, United States Code. (b) During the current fiscal year, applicable appropriations to the Department and its operating administrations shall be available for the purchase, maintenance, operation, and deployment of unmanned aircraft systems that advance the missions of the Department of Transportation or an operating administration of the Department of Transportation. (c) Any unmanned aircraft system purchased, procured, or contracted for by the Department prior to the date of enactment of this Act shall be deemed authorized by Congress as if this provision was in effect when the system was purchased, procured, or contracted for. 181. Appropriations contained in this Act for the Department of Transportation shall be available for services as authorized by section 3109 of title 5, United States Code, but at rates for individuals not to exceed the per diem rate equivalent to the rate for an Executive Level IV. 182. (a) No recipient of amounts made available by this Act shall disseminate personal information (as defined in section 2725(3) of title 18, United States Code) obtained by a State department of motor vehicles in connection with a motor vehicle record as defined in section 2725(1) of title 18, United States Code, except as provided in section 2721 of title 18, United States Code, for a use permitted under section 2721 of title 18, United States Code. (b) Notwithstanding subsection (a), the Secretary shall not withhold amounts made available by this Act for any grantee if a State is in noncompliance with this provision. 183. None of the funds made available by this Act shall be available for salaries and expenses of more than 125 political and Presidential appointees in the Department of Transportation: Provided, 184. Funds received by the Federal Highway Administration and Federal Railroad Administration from States, counties, municipalities, other public authorities, and private sources for expenses incurred for training may be credited respectively to the Federal Highway Administration's Federal-Aid Highways Safety and Operations 185. None of the funds made available by this Act or in title VIII of division J of Public Law 117–58 Provided, Provided further, quick release Provided further, 186. Rebates, refunds, incentive payments, minor fees, and other funds received by the Department of Transportation from travel management centers, charge card programs, the subleasing of building space, and miscellaneous sources are to be credited to appropriations of the Department of Transportation and allocated to organizational units of the Department of Transportation using fair and equitable criteria and such funds shall be available until expended. 187. Notwithstanding any other provision of law, if any funds provided by or limited by this Act are subject to a reprogramming action that requires notice to be provided to the House and Senate Committees on Appropriations, transmission of such reprogramming notice shall be provided solely to the House and Senate Committees on Appropriations, and such reprogramming action shall be approved or denied solely by the House and Senate Committees on Appropriations: Provided, 188. Funds appropriated by this Act to the operating administrations may be obligated for the Office of the Secretary for the costs related to assessments or reimbursable agreements only when such amounts are for the costs of goods and services that are purchased to provide a direct benefit to the applicable operating administration or administrations. 189. The Secretary of Transportation is authorized to carry out a program that establishes uniform standards for developing and supporting agency transit pass and transit benefits authorized under section 7905 of title 5, United States Code, including distribution of transit benefits by various paper and electronic media. 190. The Department of Transportation may use funds provided by this Act, or any other Act, to assist a contract under title 49 or 23 of the United States Code utilizing geographic, economic, or any other hiring preference not otherwise authorized by law, or to amend a rule, regulation, policy or other measure that forbids a recipient of a Federal Highway Administration or Federal Transit Administration grant from imposing such hiring preference on a contract or construction project with which the Department of Transportation is assisting, only if the grant recipient certifies the following: (1) that except with respect to apprentices or trainees, a pool of readily available but unemployed individuals possessing the knowledge, skill, and ability to perform the work that the contract requires resides in the jurisdiction; (2) that the grant recipient will include appropriate provisions in its bid document ensuring that the contractor does not displace any of its existing employees in order to satisfy such hiring preference; and (3) that any increase in the cost of labor, training, or delays resulting from the use of such hiring preference does not delay or displace any transportation project in the applicable Statewide Transportation Improvement Program or Transportation Improvement Program. 191. The Secretary of Transportation shall coordinate with the Secretary of Homeland Security to ensure that best practices for Industrial Control Systems Procurement are up-to-date and shall ensure that systems procured with funds provided under this title were procured using such practices. This title may be cited as the Department of Transportation Appropriations Act, 2024 II DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Management and administration EXECUTIVE OFFICES For necessary salaries and expenses for Executive Offices, which shall be comprised of the offices of the Secretary, Deputy Secretary, Adjudicatory Services, Congressional and Intergovernmental Relations, Public Affairs, Small and Disadvantaged Business Utilization, and the Center for Faith-Based and Neighborhood Partnerships, $19,400,000, to remain available until September 30, 2025: Provided, the Secretary ADMINISTRATIVE SUPPORT OFFICES For necessary salaries and expenses for Administrative Support Offices, $698,200,000, to remain available until September 30, 2025: Provided, (1) $95,200,000 shall be available for the Office of the Chief Financial Officer; (2) $127,400,000 shall be available for the Office of the General Counsel, of which not less than $21,700,000 shall be for the Departmental Enforcement Center; (3) $241,800,000 shall be available for the Office of Administration; (4) $55,800,000 shall be available for the Office of the Chief Human Capital Officer; (5) $32,400,000 shall be available for the Office of the Chief Procurement Officer; (6) $68,300,000 shall be available for the Office of Field Policy and Management; (7) $4,900,000 shall be available for the Office of Departmental Equal Employment Opportunity; and (8) $72,400,000 shall be available for the Office of the Chief Information Officer: Provided further, Provided further, Provided further, Provided further, PROGRAM OFFICES For necessary salaries and expenses for Program Offices, $1,114,100,000, to remain available until September 30, 2025: Provided, (1) $288,500,000 shall be available for the Office of Public and Indian Housing; (2) $170,500,000 shall be available for the Office of Community Planning and Development; (3) $497,000,000 shall be available for the Office of Housing; (4) $44,000,000 shall be available for the Office of Policy Development and Research; (5) $102,900,000 shall be available for the Office of Fair Housing and Equal Opportunity; and (6) $11,200,000 shall be available for the Office of Lead Hazard Control and Healthy Homes. WORKING CAPITAL FUND (INCLUDING TRANSFER OF FUNDS) For the working capital fund for the Department of Housing and Urban Development (referred to in this paragraph as the Fund 42 U.S.C. 3535(f) Provided, Provided further, Executive Offices Administrative Support Offices Program Offices Government National Mortgage Association Provided further, Public and indian housing TENANT-BASED RENTAL ASSISTANCE For activities and assistance for the provision of tenant-based rental assistance authorized under the United States Housing Act of 1937, as amended ( 42 U.S.C. 1437 et seq. the Act Provided, (1) $27,765,512,000 shall be available for renewals of expiring section 8 tenant-based annual contributions contracts (including renewals of enhanced vouchers under any provision of law authorizing such assistance under section 8(t) of the Act) and including renewal of other special purpose incremental vouchers: Provided, Provided further, Provided further, Provided further, Provided further, Provided further, Provided further, Provided further, Provided further, Provided further, (A) for adjustments in the allocations for public housing agencies, after application for an adjustment by a public housing agency that experienced a significant increase, as determined by the Secretary, in renewal costs of vouchers resulting from unforeseen circumstances or from portability under section 8(r) of the Act; (B) for vouchers that were not in use during the previous 12-month period in order to be available to meet a commitment pursuant to section 8(o)(13) of the Act, or an adjustment for a funding obligation not yet expended in the previous calendar year for a MTW-eligible activity to develop affordable housing for an agency added to the MTW demonstration under the expansion authority provided in section 239 of the Transportation, Housing and Urban Development, and Related Agencies Appropriations Act, 2016 (division L of Public Law 114–113 (C) for adjustments for costs associated with HUD–Veterans Affairs Supportive Housing (HUD–VASH) vouchers; (D) for public housing agencies that despite taking reasonable cost savings measures, as determined by the Secretary, would otherwise be required to terminate rental assistance for families as a result of insufficient funding; (E) for adjustments in the allocations for public housing agencies that— (i) are leasing a lower-than-average percentage of their authorized vouchers, (ii) have low amounts of budget authority in their net restricted assets accounts and HUD-held programmatic reserves, relative to other agencies, and (iii) are not participating in the Moving to Work demonstration, to enable such agencies to lease more vouchers; (F) for withheld payments in accordance with section 8(o)(8)(A)(ii) of the Act for months in the previous calendar year that were subsequently paid by the public housing agency after the agency’s actual costs were validated; and (G) for public housing agencies that have experienced increased costs or loss of units in an area for which the President declared a disaster under title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170 et seq. Provided further, Provided further, Provided further, Provided further, Provided further, (2) $445,000,000 shall be available for section 8 rental assistance for relocation and replacement of housing units that are demolished or disposed of pursuant to section 18 of the Act, conversion of section 23 projects to assistance under section 8, relocation of witnesses (including victims of violent crimes) in connection with efforts to combat crime in public and assisted housing pursuant to a request from a law enforcement or prosecution agency, enhanced vouchers under any provision of law authorizing such assistance under section 8(t) of the Act, Choice Neighborhood vouchers, mandatory and voluntary conversions, and tenant protection assistance including replacement and relocation assistance or for project-based assistance to prevent the displacement of unassisted elderly tenants currently residing in section 202 properties financed between 1959 and 1974 that are refinanced pursuant to Public Law 106–569 Provided, Provided further, Project-Based Rental Assistance Provided further, Provided further, Provided further, Provided further, (3) $2,781,449,000 shall be available for administrative and other expenses of public housing agencies in administering the section 8 tenant-based rental assistance program, of which up to $30,000,000 shall be available to the Secretary to allocate to public housing agencies that need additional funds to administer their section 8 programs, including fees associated with section 8 tenant protection rental assistance, the administration of disaster related vouchers, HUD–VASH vouchers, and other special purpose incremental vouchers: Provided, Public Law 105–276 Provided further, Provided further, Provided further, (4) $686,000,000 shall be available for the renewal of tenant-based assistance contracts under section 811 of the Cranston-Gonzalez National Affordable Housing Act ( 42 U.S.C. 8013 Provided, Provided further, (A) for adjustments in the allocation for public housing agencies, after applications for an adjustment by a public housing agency that experienced a significant increase, as determined by the Secretary, in Mainstream renewal costs resulting from unforeseen circumstances; and (B) for public housing agencies that despite taking reasonable cost savings measures, as determined by the Secretary, would otherwise be required to terminate the rental assistance for Mainstream families as a result of insufficient funding: Provided further, Provided further, (5) of the amounts provided under paragraph (1), up to $7,500,000 shall be available for rental assistance and associated administrative fees for Tribal HUD–VASH to serve Native American veterans that are homeless or at-risk of homelessness living on or near a reservation or other Indian areas: Provided, Provided further, Provided further, Provided further, Provided further, Provided further, (6) $30,000,000 shall be available for incremental rental voucher assistance for use through a supported housing program administered in conjunction with the Department of Veterans Affairs as authorized under section 8(o)(19) of the United States Housing Act of 1937: Provided, Provided further, Provided further, Provided further, (7) $30,000,000 shall be available for the family unification program as authorized under section 8(x) of the Act: Provided, (A) $5,000,000 shall be available for new incremental voucher assistance, which shall continue to remain available for family unification upon turnover; and (B) $25,000,000 shall be available for new incremental voucher assistance to assist eligible youth as defined by such section 8(x)(2)(B) of the Act, which shall continue to remain available for such eligible youth upon turnover: Provided Provided further Provided further, (8) the Secretary shall separately track all special purpose vouchers funded under this heading. HOUSING CERTIFICATE FUND (INCLUDING RESCISSIONS) Unobligated balances, including recaptures and carryover, remaining from funds appropriated to the Department of Housing and Urban Development under this heading, the heading Annual Contributions for Assisted Housing Project-Based Rental Assistance Provided, Provided further, PUBLIC HOUSING FUND For 2024 payments to public housing agencies for the operation and management of public housing, as authorized by section 9(e) of the United States Housing Act of 1937 ( 42 U.S.C. 1437g(e) Act 42 U.S.C. 1437g(d) Provided, (1) $5,530,000,000 shall be available for the Secretary to allocate pursuant to the Operating Fund formula at part 990 of title 24, Code of Federal Regulations, for 2024 payments; (2) $35,000,000 shall be available for the Secretary to allocate pursuant to a need-based application process notwithstanding section 203 of this title and not subject to such Operating Fund formula to public housing agencies that experience, or are at risk of, financial shortfalls, as determined by the Secretary: Provided, (3) $3,200,000,000 shall be available for the Secretary to allocate pursuant to the Capital Fund formula at section 905.400 of title 24, Code of Federal Regulations: Provided, Provided further, Provided further, Provided further, Provided further, (4) $30,000,000 shall be available for the Secretary to make grants, notwithstanding section 203 of this title, to public housing agencies for emergency capital needs, including safety and security measures necessary to address crime and drug-related activity, as well as needs resulting from unforeseen or unpreventable emergencies and natural disasters excluding Presidentially declared emergencies and natural disasters under the Robert T. Stafford Disaster Relief and Emergency Act ( 42 U.S.C. 5121 et seq. Provided, Provided further, (5) $65,000,000 shall be available for competitive grants to public housing agencies to evaluate and reduce residential health hazards in public housing, including lead-based paint (by carrying out the activities of risk assessments, abatement, and interim controls, as those terms are defined in section 1004 of the Residential Lead-Based Paint Hazard Reduction Act of 1992 ( 42 U.S.C. 4851b Provided, Provided further, 42 U.S.C. 1437x (6) $15,000,000 shall be available to support the costs of administrative and judicial receiverships and for competitive grants to PHAs in receivership, designated troubled or substandard, or otherwise at risk, as determined by the Secretary, for costs associated with public housing asset improvement, in addition to other amounts for that purpose provided under any heading under this title: Provided further, Provided further, obligate ASSISTED HOUSING INSPECTIONS AND RISK ASSESSMENTS For the Department’s inspection and assessment programs, including travel, training, and program support contracts, $50,000,000 to remain available until September 30, 2025: Provided, Public Housing Fund CHOICE NEIGHBORHOODS INITIATIVE For competitive grants under the Choice Neighborhoods Initiative (subject to section 24 of the United States Housing Act of 1937 ( 42 U.S.C. 1437v Act Provided, Provided further, Provided further, Provided further, Provided further, Provided further, Provided further, 42 U.S.C. 1437x Provided further, Provided further, Provided further, Provided further, Provided further, 42 U.S.C. 1437v(n) Provided further, Revitalization of Severely Distressed Public Housing (HOPE VI) Provided further, Provided further, 42 U.S.C. 1437v(o) SELF-SUFFICIENCY PROGRAMS For activities and assistance related to Self-Sufficiency Programs, to remain available until September 30, 2027, $198,000,000: Provided, (1) $140,500,000 shall be available for the Family Self-Sufficiency program to support family self-sufficiency coordinators under section 23 of the United States Housing Act of 1937 ( 42 U.S.C. 1437u (2) $42,500,000 shall be available for the Resident Opportunity and Self-Sufficiency program to provide for supportive services, service coordinators, and congregate services as authorized by section 34 of the United States Housing Act of 1937 ( 42 U.S.C. 1437z–6 25 U.S.C. 4101 et seq. (3) $15,000,000 shall be available for a Jobs-Plus Initiative, modeled after the Jobs-Plus demonstration: Provided, 29 U.S.C. 3122 Provided further, Provided further, 42 U.S.C. 1437a Provided further, NATIVE AMERICAN PROGRAMS For activities and assistance authorized under title I of the Native American Housing Assistance and Self-Determination Act of 1996 (in this heading NAHASDA 25 U.S.C. 4111 et seq. 42 U.S.C. 5301 et seq. Provided, (1) $848,625,000 shall be available for the Native American Housing Block Grants program, as authorized under title I of NAHASDA: Provided, Provided further, (2) $150,000,000 shall be available for competitive grants under the Native American Housing Block Grants program, as authorized under title I of NAHASDA: Provided, Provided further, Provided further, Provided further, (3) $1,000,000 shall be available for the cost of guaranteed notes and other obligations, as authorized by title VI of NAHASDA: Provided, 2 U.S.C. 661a Provided further, (4) $75,000,000 shall be available for grants to Indian tribes for carrying out the Indian Community Development Block Grant program under title I of the Housing and Community Development Act of 1974, notwithstanding section 106(a)(1) of such Act, of which, notwithstanding any other provision of law (including section 203 of this Act), not more than $5,000,000 may be used for emergencies that constitute imminent threats to health and safety: Provided, (5) $7,000,000, in addition to amounts otherwise available for such purpose, shall be available for providing training and technical assistance to Indian tribes, Indian housing authorities, and tribally designated housing entities, to support the inspection of Indian housing units, for contract expertise, and for training and technical assistance related to amounts made available under this heading and other headings in this Act for the needs of Native American families and Indian country: Provided, 25 U.S.C. 4212 Provided further, Provided further, chapter 63 25 U.S.C. 4116 25 U.S.C. 4152 25 U.S.C. 4167 INDIAN HOUSING LOAN GUARANTEE FUND PROGRAM ACCOUNT For the cost of guaranteed loans, as authorized by section 184 of the Housing and Community Development Act of 1992 ( 12 U.S.C. 1715z–13a Provided, 2 U.S.C. 661a Provided further, 12 U.S.C. 1715z–13a NATIVE HAWAIIAN HOUSING BLOCK GRANT For the Native Hawaiian Housing Block Grant program, as authorized under title VIII of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4221 et seq. Provided, Provided further, Provided further NATIVE HAWAIIAN HOUSING LOAN GUARANTEE FUND PROGRAM ACCOUNT New commitments to guarantee loans, as authorized by section 184A of the Housing and Community Development Act of 1992 ( 12 U.S.C. 1715z–13b Provided, Community planning and development HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS For carrying out the Housing Opportunities for Persons with AIDS program, as authorized by the AIDS Housing Opportunity Act ( 42 U.S.C. 12901 et seq. Provided, Provided further, Provided further, COMMUNITY DEVELOPMENT FUND For assistance to States and units of general local government, and other entities, for economic and community development activities, and other purposes, $4,491,483,000, to remain available until September 30, 2027: Provided, (1) $3,300,000,000 shall be available for carrying out the community development block grant program under title I of the Housing and Community Development Act of 1974, as amended ( 42 U.S.C. 5301 et seq. the Act Provided, Provided further, Provided further, (2) $100,000,000 shall be available for the Secretary to award grants on a competitive basis to State and local governments, metropolitan planning organizations, and multijurisdictional entities for additional activities under title I of the Act for the identification and removal of barriers to affordable housing production and preservation: Provided, Provided further, Provided further, Provided further, (3) $30,000,000 shall be available for activities authorized under section 8071 of the SUPPORT for Patients and Communities Act ( Public Law 115–271 Provided, Provided further, (4) $1,061,483,000 shall be available for grants for the Economic Development Initiative (EDI) for the purposes, and in amounts, specified for Congressionally Directed Spending in the table entitled Congressionally Directed Spending Provided, Provided further, Provided further, Provided further, Public Law 117–103 Provided further COMMUNITY DEVELOPMENT LOAN GUARANTEES PROGRAM ACCOUNT Subject to section 502 of the Congressional Budget Act of 1974 ( 2 U.S.C. 661a 42 U.S.C. 5308 Provided, Provided further, Provided further, HOME INVESTMENT PARTNERSHIPS PROGRAM For the HOME Investment Partnerships program, as authorized under title II of the Cranston-Gonzalez National Affordable Housing Act, as amended ( 42 U.S.C. 12721 et seq. Provided, Provided further, 42 U.S.C. 12748(g) Provided further, 42 U.S.C. 12771(b) SELF-HELP AND ASSISTED HOMEOWNERSHIP OPPORTUNITY PROGRAM For the Self-Help and Assisted Homeownership Opportunity Program, as authorized under section 11 of the Housing Opportunity Program Extension Act of 1996 ( 42 U.S.C. 12805 Provided, (1) $13,500,000 shall be available for the Self-Help Homeownership Opportunity Program as authorized under such section 11; (2) $42,000,000 shall be available for the second, third, and fourth capacity building entities specified in section 4(a) of the HUD Demonstration Act of 1993 ( 42 U.S.C. 9816 Provided, (3) $6,000,000 shall be available for capacity building by national rural housing organizations having experience assessing national rural conditions and providing financing, training, technical assistance, information, and research to local nonprofit organizations, local governments, and Indian Tribes serving high need rural communities. HOMELESS ASSISTANCE GRANTS For assistance under title IV of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11360 et seq. Provided, (1) $290,000,000 shall be available for the Emergency Solutions Grants program authorized under subtitle B of such title IV ( 42 U.S.C. 11371 et seq. Provided, (2) $3,401,000,000 shall be available for the Continuum of Care program authorized under subtitle C of such title IV ( 42 U.S.C. 11381 et seq. 42 U.S.C. 11408 Provided, Provided further, Provided further, Provided further, Provided further, Provided further, Provided further, Provided further, (3) $10,000,000 shall be available for the national homeless data analysis project: Provided, 31 U.S.C. 6301–6308 (4) $107,000,000 shall be available to implement projects to demonstrate how a comprehensive approach to serving homeless youth, age 24 and under, in up to 25 communities with a priority for communities with substantial rural populations in up to eight locations, can dramatically reduce youth homelessness: Provided, Provided further, Provided further, (5) $100,000,000 shall be available for one-time awards under the Continuum of Care program for new construction, acquisition, or rehabilitation of new permanent supportive housing, of which not more than 20 percent of such awards may be used for other Continuum of Care eligible activities associated with such projects and not more than 10 percent of such awards may be used for project administration: Provided, Provided further, Provided further, Provided further, 42 U.S.C. 11302 Provided further, Provided further, Provided further, Provided further, Provided further, Provided further, Housing programs PROJECT-BASED RENTAL ASSISTANCE For activities and assistance for the provision of project-based subsidy contracts under the United States Housing Act of 1937 ( 42 U.S.C. 1437 et seq. the Act Provided, 42 U.S.C. 11401 Provided further, 42 U.S.C. 1437(f) Provided further, 12 U.S.C. 1715z–1(a) 12 U.S.C. 1701s 12 U.S.C. 1715z–1(f)(2) 12 U.S.C. 1701q 42 U.S.C. 8013(d)(2) Public Law 86–372 Public Law 86–372 Provided further, Annual Contributions for Assisted Housing Housing Certificate Fund Provided further, Provided further, Provided further, 42 U.S.C. 1437f Provided further, HOUSING FOR THE ELDERLY For capital advances, including amendments to capital advance contracts, for housing for the elderly, as authorized by section 202 of the Housing Act of 1959 ( 12 U.S.C. 1701q 12 U.S.C. 1701q Provided, Provided further, Provided further, Provided further, Provided further, Provided further, Provided further, 12 U.S.C. 1701q Provided further HOUSING FOR PERSONS WITH DISABILITIES For capital advances, including amendments to capital advance contracts, for supportive housing for persons with disabilities, as authorized by section 811 of the Cranston-Gonzalez National Affordable Housing Act ( 42 U.S.C. 8013 Public Law 95–557 Provided, Provided further, Provided further, HOUSING COUNSELING ASSISTANCE For contracts, grants, and other assistance excluding loans, as authorized under section 106 of the Housing and Urban Development Act of 1968, as amended, $57,500,000, to remain available until September 30, 2025, including up to $4,500,000 for administrative contract services: Provided, Provided further, PAYMENT TO MANUFACTURED HOUSING FEES TRUST FUND For necessary expenses as authorized by the National Manufactured Housing Construction and Safety Standards Act of 1974 ( 42 U.S.C. 5401 et seq. 42 U.S.C. 5419(e) Provided, Provided further, Provided further, Provided further, Provided further, Federal housing administration MUTUAL MORTGAGE INSURANCE PROGRAM ACCOUNT New commitments to guarantee single family loans insured under the Mutual Mortgage Insurance Fund shall not exceed $400,000,000,000, to remain available until September 30, 2025: Provided, Provided further, Provided further, Provided further, Provided further, 12 U.S.C. 1715z–20(g) GENERAL AND SPECIAL RISK PROGRAM ACCOUNT New commitments to guarantee loans insured under the General and Special Risk Insurance Funds, as authorized by sections 238 and 519 of the National Housing Act (12 U.S.C. 1715z–3 and 1735c), shall not exceed $35,000,000,000 in total loan principal, any part of which is to be guaranteed, to remain available until September 30, 2025: Provided, Government national mortgage association GUARANTEES OF MORTGAGE-BACKED SECURITIES LOAN GUARANTEE PROGRAM ACCOUNT New commitments to issue guarantees to carry out the purposes of section 306 of the National Housing Act, as amended ( 12 U.S.C. 1721(g) Provided, Provided further, Provided further, 12 U.S.C. 1716 et seq. Policy development and research RESEARCH AND TECHNOLOGY For contracts, grants, and necessary expenses of programs of research and studies relating to housing and urban problems, not otherwise provided for, as authorized by title V of the Housing and Urban Development Act of 1970 ( 12 U.S.C. 1701z–1 et seq. Provided, Provided further, Provided further, Public Law 109–282 42 U.S.C. 3545(a)(4)(C) Provided further, Provided further, Provided further Provided further Provided further Fair housing and equal opportunity FAIR HOUSING ACTIVITIES For contracts, grants, and other assistance, not otherwise provided for, as authorized by title VIII of the Civil Rights Act of 1968 ( 42 U.S.C. 3601 et seq. 42 U.S.C. 3616a Provided, Provided further, Provided further, Office of lead hazard control and healthy homes LEAD HAZARD REDUCTION (INCLUDING TRANSFER OF FUNDS) For the Lead Hazard Reduction Program, as authorized by section 1011 of the Residential Lead-Based Paint Hazard Reduction Act of 1992 ( 42 U.S.C. 4852 Provided, (1) $245,000,000 shall be for the award of grants pursuant to such section 1011, of which not less than $105,000,000 shall be provided to areas with the highest lead-based paint abatement needs; (2) $105,000,000 shall be for the Healthy Homes Initiative, pursuant to sections 501 and 502 of the Housing and Urban Development Act of 1970, which shall include research, studies, testing, and demonstration efforts, including education and outreach concerning lead-based paint poisoning and other housing-related diseases and hazards, and mitigating housing-related health and safety hazards in housing of low-income families, of which— (A) $5,000,000 shall be for the implementation of projects in communities that are served by both the Healthy Homes Initiative and the Department of Energy weatherization programs to demonstrate whether the coordination of Healthy Homes remediation activities with weatherization activities achieves cost savings and better outcomes in improving the safety and quality of homes; and (B) $30,000,000 shall be for grants to experienced non-profit organizations, States, local governments, or public housing agencies for safety and functional home modification repairs and renovations to meet the needs of low-income seniors to enable them to remain in their primary residence: Provided, (3) Up to $2,000,000 in total of the amounts made available under paragraph (2) may be transferred to the heading Research and Technology Provided further, 42 U.S.C. 4321 et seq. Housing for the Elderly Provided further, Provided further, Information technology fund For Department-wide and program-specific information technology systems and infrastructure, $374,750,000, to remain available until September 30, 2026, of which up to $23,950,000 shall be for development, modernization, and enhancement projects, including planning for such projects: Provided, Office of inspector general For necessary salaries and expenses of the Office of Inspector General in carrying out the Inspector General Act of 1978, as amended, $152,924,000: Provided, General provisions—Department of housing and urban development (INCLUDING RESCISSIONS) (INCLUDING TRANSFER OF FUNDS) 201. Fifty percent of the amounts of budget authority, or in lieu thereof 50 percent of the cash amounts associated with such budget authority, that are recaptured from projects described in section 1012(a) of the Stewart B. McKinney Homeless Assistance Amendments Act of 1988 ( 42 U.S.C. 1437f 202. None of the funds made available by this Act may be used to investigate or prosecute under the Fair Housing Act any otherwise lawful activity engaged in by one or more persons, including the filing or maintaining of a nonfrivolous legal action, that is engaged in solely for the purpose of achieving or preventing action by a Government official or entity, or a court of competent jurisdiction. 203. Except as explicitly provided in law, any grant, cooperative agreement or other assistance made pursuant to title II of this Act shall be made on a competitive basis and in accordance with section 102 of the Department of Housing and Urban Development Reform Act of 1989 ( 42 U.S.C. 3545 204. Funds of the Department of Housing and Urban Development subject to the Government Corporation Control Act or section 402 of the Housing Act of 1950 shall be available, without regard to the limitations on administrative expenses, for legal services on a contract or fee basis, and for utilizing and making payment for services and facilities of the Federal National Mortgage Association, Government National Mortgage Association, Federal Home Loan Mortgage Corporation, Federal Financing Bank, Federal Reserve banks or any member thereof, Federal Home Loan banks, and any insured bank within the meaning of the Federal Deposit Insurance Corporation Act, as amended ( 12 U.S.C. 1811–1 205. Unless otherwise provided for in this Act or through a reprogramming of funds, no part of any appropriation for the Department of Housing and Urban Development shall be available for any program, project or activity in excess of amounts set forth in the budget estimates submitted to Congress. 206. Corporations and agencies of the Department of Housing and Urban Development which are subject to the Government Corporation Control Act are hereby authorized to make such expenditures, within the limits of funds and borrowing authority available to each such corporation or agency and in accordance with law, and to make such contracts and commitments without regard to fiscal year limitations as provided by section 104 of such Act as may be necessary in carrying out the programs set forth in the budget for 2024 for such corporation or agency except as hereinafter provided: Provided, 207. The Secretary shall provide quarterly reports to the House and Senate Committees on Appropriations regarding all uncommitted, unobligated, recaptured and excess funds in each program and activity within the jurisdiction of the Department and shall submit additional, updated budget information to these Committees upon request. 208. None of the funds made available by this title may be used for an audit of the Government National Mortgage Association that makes applicable requirements under the Federal Credit Reform Act of 1990 ( 2 U.S.C. 661 et seq. 209. (a) Notwithstanding any other provision of law, subject to the conditions listed under this section, for fiscal years 2024 and 2025, the Secretary of Housing and Urban Development may authorize the transfer of some or all project-based assistance, debt held or insured by the Secretary and statutorily required low-income and very low-income use restrictions if any, associated with one or more multifamily housing project or projects to another multifamily housing project or projects. (b) Phased transfers Transfers of project-based assistance under this section may be done in phases to accommodate the financing and other requirements related to rehabilitating or constructing the project or projects to which the assistance is transferred, to ensure that such project or projects meet the standards under subsection (c). (c) The transfer authorized in subsection (a) is subject to the following conditions: (1) Number and bedroom size of units (A) For occupied units in the transferring project: The number of low-income and very low-income units and the configuration (i.e., bedroom size) provided by the transferring project shall be no less than when transferred to the receiving project or projects and the net dollar amount of Federal assistance provided to the transferring project shall remain the same in the receiving project or projects. (B) For unoccupied units in the transferring project: The Secretary may authorize a reduction in the number of dwelling units in the receiving project or projects to allow for a reconfiguration of bedroom sizes to meet current market demands, as determined by the Secretary and provided there is no increase in the project-based assistance budget authority. (2) The transferring project shall, as determined by the Secretary, be either physically obsolete or economically nonviable, or be reasonably expected to become economically nonviable when complying with State or Federal requirements for community integration and reduced concentration of individuals with disabilities. (3) The receiving project or projects shall meet or exceed applicable physical standards established by the Secretary. (4) The owner or mortgagor of the transferring project shall notify and consult with the tenants residing in the transferring project and provide a certification of approval by all appropriate local governmental officials. (5) The tenants of the transferring project who remain eligible for assistance to be provided by the receiving project or projects shall not be required to vacate their units in the transferring project or projects until new units in the receiving project are available for occupancy. (6) The Secretary determines that this transfer is in the best interest of the tenants. (7) If either the transferring project or the receiving project or projects meets the condition specified in subsection (d)(2)(A), any lien on the receiving project resulting from additional financing obtained by the owner shall be subordinate to any FHA-insured mortgage lien transferred to, or placed on, such project by the Secretary, except that the Secretary may waive this requirement upon determination that such a waiver is necessary to facilitate the financing of acquisition, construction, and/or rehabilitation of the receiving project or projects. (8) If the transferring project meets the requirements of subsection (d)(2), the owner or mortgagor of the receiving project or projects shall execute and record either a continuation of the existing use agreement or a new use agreement for the project where, in either case, any use restrictions in such agreement are of no lesser duration than the existing use restrictions. (9) The transfer does not increase the cost (as defined in section 502 of the Congressional Budget Act of 1974 ( 2 U.S.C. 661a (d) For purposes of this section— (1) the terms low-income very low-income (2) the term multifamily housing project (A) housing that is subject to a mortgage insured under the National Housing Act; (B) housing that has project-based assistance attached to the structure including projects undergoing mark to market debt restructuring under the Multifamily Assisted Housing Reform and Affordability Housing Act; (C) housing that is assisted under section 202 of the Housing Act of 1959 ( 12 U.S.C. 1701q (D) housing that is assisted under section 202 of the Housing Act of 1959 ( 12 U.S.C. 1701q (E) housing that is assisted under section 811 of the Cranston-Gonzales National Affordable Housing Act ( 42 U.S.C. 8013 (F) housing or vacant land that is subject to a use agreement; (3) the term project-based assistance (A) assistance provided under section 8(b) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(b) (B) assistance for housing constructed or substantially rehabilitated pursuant to assistance provided under section 8(b)(2) of such Act (as such section existed immediately before October 1, 1983); (C) rent supplement payments under section 101 of the Housing and Urban Development Act of 1965 ( 12 U.S.C. 1701s (D) interest reduction payments under section 236 and/or additional assistance payments under section 236(f)(2) of the National Housing Act ( 12 U.S.C. 1715z–1 (E) assistance payments made under section 202(c)(2) of the Housing Act of 1959 ( 12 U.S.C. 1701q(c)(2) (F) assistance payments made under section 811(d)(2) of the Cranston-Gonzalez National Affordable Housing Act ( 42 U.S.C. 8013(d)(2) (4) the term receiving project or projects (5) the term transferring project (6) the term Secretary (e) Research report The Secretary shall conduct an evaluation of the transfer authority under this section, including the effect of such transfers on the operational efficiency, contract rents, physical and financial conditions, and long-term preservation of the affected properties. 210. (a) No assistance shall be provided under section 8 of the United States Housing Act of 1937 ( 42 U.S.C. 1437f (1) is enrolled as a student at an institution of higher education (as defined under section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 (2) is under 24 years of age; (3) is not a veteran; (4) is unmarried; (5) does not have a dependent child; (6) is not a person with disabilities, as such term is defined in section 3(b)(3)(E) of the United States Housing Act of 1937 ( 42 U.S.C. 1437a(b)(3)(E) (7) is not a youth who left foster care at age 14 or older and is at risk of becoming homeless; and (8) is not otherwise individually eligible, or has parents who, individually or jointly, are not eligible, to receive assistance under section 8 of the United States Housing Act of 1937 ( 42 U.S.C. 1437f (b) For purposes of determining the eligibility of a person to receive assistance under section 8 of the United States Housing Act of 1937 ( 42 U.S.C. 1437f 20 U.S.C. 1001 et seq. 20 U.S.C. 1002 211. The funds made available for Native Alaskans under paragraph (1) under the heading Native American Programs 212. Notwithstanding any other provision of law, in fiscal year 2024, in managing and disposing of any multifamily property that is owned or has a mortgage held by the Secretary of Housing and Urban Development, and during the process of foreclosure on any property with a contract for rental assistance payments under section 8 of the United States Housing Act of 1937 ( 42 U.S.C. 1437f MAHRAA 42 U.S.C. 1437f 213. Public housing agencies that own and operate 400 or fewer public housing units may elect to be exempt from any asset management requirement imposed by the Secretary in connection with the operating fund rule: Provided, 214. With respect to the use of amounts provided in this Act and in future Acts for the operation, capital improvement, and management of public housing as authorized by sections 9(d) and 9(e) of the United States Housing Act of 1937 ( 42 U.S.C. 1437g(d) 42 U.S.C. 1437g(g)(1) Provided, 215. No official or employee of the Department of Housing and Urban Development shall be designated as an allotment holder unless the Office of the Chief Financial Officer has determined that such allotment holder has implemented an adequate system of funds control and has received training in funds control procedures and directives. The Chief Financial Officer shall ensure that there is a trained allotment holder for each HUD appropriation under the accounts Executive Offices Administrative Support Offices Program Offices Government National Mortgage Association—Guarantees of Mortgage-Backed Securities Loan Guarantee Program Account Office of Inspector General 216. The Secretary shall, for fiscal year 2024, notify the public through the Federal Register and other means, as determined appropriate, of the issuance of a notice of the availability of assistance or notice of funding opportunity (NOFO) for any program or discretionary fund administered by the Secretary that is to be competitively awarded. Notwithstanding any other provision of law, for fiscal year 2024, the Secretary may make the NOFO available only on the Internet at the appropriate Government website or through other electronic media, as determined by the Secretary. 217. Payment of attorney fees in program-related litigation shall be paid from the individual program office and Office of General Counsel salaries and expenses appropriations. 218. The Secretary is authorized to transfer up to 10 percent or $5,000,000, whichever is less, of funds appropriated for any office under the headings Administrative Support Offices Program Offices Provided, Provided further, 219. (a) Any entity receiving housing assistance payments shall maintain decent, safe, and sanitary conditions, as determined by the Secretary, and comply with any standards under applicable State or local laws, rules, ordinances, or regulations relating to the physical condition of any property covered under a housing assistance payment contract. (b) The Secretary shall take action under subsection (c) when a multifamily housing project with a contract under section 8 of the United States Housing Act of 1937 ( 42 U.S.C. 1437f (1) receives a failing score under the Uniform Physical Condition Standards (UPCS) or successor standard; or (2) fails to certify in writing to the Secretary within 3 days that all Exigent Health and Safety deficiencies, or those deficiencies requiring correction within 24 hours, identified by the inspector at the project have been corrected. Such requirements shall apply to insured and noninsured projects with assistance attached to the units under section 8 of the United States Housing Act of 1937 ( 42 U.S.C. 1437f 42 U.S.C. 1437f(o)(13) 42 U.S.C. 1437g (c) (1) Within 15 days of the issuance of the Real Estate Assessment Center ( REAC (2) At the end of the time period for correcting all deficiencies specified in the Notice of Default, if the owner fails to fully correct such deficiencies, the Secretary may— (A) require immediate replacement of project management with a management agent approved by the Secretary; (B) impose civil money penalties, which shall be used solely for the purpose of supporting safe and sanitary conditions at applicable properties, as designated by the Secretary, with priority given to the tenants of the property affected by the penalty; (C) abate the section 8 contract, including partial abatement, as determined by the Secretary, until all deficiencies have been corrected; (D) pursue transfer of the project to an owner, approved by the Secretary under established procedures, who will be obligated to promptly make all required repairs and to accept renewal of the assistance contract if such renewal is offered; (E) transfer the existing section 8 contract to another project or projects and owner or owners; (F) pursue exclusionary sanctions, including suspensions or debarments from Federal programs; (G) seek judicial appointment of a receiver to manage the property and cure all project deficiencies or seek a judicial order of specific performance requiring the owner to cure all project deficiencies; (H) work with the owner, lender, or other related party to stabilize the property in an attempt to preserve the property through compliance, transfer of ownership, or an infusion of capital provided by a third-party that requires time to effectuate; or (I) take any other regulatory or contractual remedies available as deemed necessary and appropriate by the Secretary. (d) The Secretary shall take appropriate steps to ensure that project-based contracts remain in effect, subject to the exercise of contractual abatement remedies to assist relocation of tenants for major threats to health and safety after written notice to the affected tenants. To the extent the Secretary determines, in consultation with the tenants and the local government, that the property is not feasible for continued rental assistance payments under such section 8 or other programs, based on consideration of— (1) the costs of rehabilitating and operating the property and all available Federal, State, and local resources, including rent adjustments under section 524 of the Multifamily Assisted Housing Reform and Affordability Act of 1997 ( MAHRAA (2) environmental conditions that cannot be remedied in a cost-effective fashion, the Secretary may contract for project-based rental assistance payments with an owner or owners of other existing housing properties, or provide other rental assistance. (e) The Secretary shall report semi-annually on all properties covered by this section that are assessed through the Real Estate Assessment Center and have failing physical inspection scores or have received an unsatisfactory management and occupancy review within the past 36 months. The report shall include— (1) identification of the enforcement actions being taken to address such conditions, including imposition of civil money penalties and termination of subsidies, and identification of properties that have such conditions multiple times; (2) identification of actions that the Department of Housing and Urban Development is taking to protect tenants of such identified properties; and (3) any administrative or legislative recommendations to further improve the living conditions at properties covered under a housing assistance payment contract. The first report shall be submitted to the Senate and House Committees on Appropriations not later than 30 days after the enactment of this Act, and the second report shall be submitted within 180 days of the transmittal of the first report. 220. None of the funds made available by this Act, or any other Act, for purposes authorized under section 8 (only with respect to the tenant-based rental assistance program) and section 9 of the United States Housing Act of 1937 ( 42 U.S.C. 1437 et seq. 221. None of the funds made available by this Act and provided to the Department of Housing and Urban Development may be used to make a grant award unless the Secretary notifies the House and Senate Committees on Appropriations not less than 3 full business days before any project, State, locality, housing authority, Tribe, nonprofit organization, or other entity selected to receive a grant award is announced by the Department or its offices: Provided 222. None of the funds made available in this Act shall be used by the Federal Housing Administration, the Government National Mortgage Association, or the Department of Housing and Urban Development to insure, securitize, or establish a Federal guarantee of any mortgage or mortgage backed security that refinances or otherwise replaces a mortgage that has been subject to eminent domain condemnation or seizure, by a State, municipality, or any other political subdivision of a State. 223. None of the funds made available by this Act may be used to terminate the status of a unit of general local government as a metropolitan city (as defined in section 102 of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5302 42 U.S.C. 5306 224. Amounts made available by this Act that are appropriated, allocated, advanced on a reimbursable basis, or transferred to the Office of Policy Development and Research of the Department of Housing and Urban Development and functions thereof, for research, evaluation, or statistical purposes, and that are unexpended at the time of completion of a contract, grant, or cooperative agreement, may be deobligated and shall immediately become available and may be reobligated in that fiscal year or the subsequent fiscal year for the research, evaluation, or statistical purposes for which the amounts are made available to that Office subject to reprogramming requirements in section 405 of this Act. 225. None of the funds provided in this Act or any other Act may be used for awards, including performance, special act, or spot, for any employee of the Department of Housing and Urban Development subject to administrative discipline (including suspension from work), in this fiscal year, but this prohibition shall not be effective prior to the effective date of any such administrative discipline or after any final decision over-turning such discipline. 226. With respect to grant amounts awarded under the heading Homeless Assistance Grants 227. (a) From amounts made available under this title under the heading Homeless Assistance Grants 42 U.S.C. 11381 et seq. (b) In order to be eligible to receive a transition grant, the funding recipient must have the consent of the continuum of care and meet standards determined by the Secretary. 228. The Promise Zone designations and Promise Zone Designation Agreements entered into pursuant to such designations, made by the Secretary in prior fiscal years, shall remain in effect in accordance with the terms and conditions of such agreements. 229. None of the amounts made available in this Act may be used to consider Family Self-Sufficiency performance measures or performance scores in determining funding awards for programs receiving Family Self-Sufficiency program coordinator funding provided in this Act. 230. Any public housing agency designated as a Moving to Work agency pursuant to section 239 of division L of Public Law 114–113 42 U.S.C. 1437f Public Law 104–134 231. None of the amounts made available by this Act may be used to prohibit any public housing agency under receivership or the direction of a Federal monitor from applying for, receiving, or using funds made available under the heading Public Housing Fund 232. (a) Funds previously made available in the Consolidated Appropriations Act, 2017 ( Public Law 115–31 Choice Neighborhoods Initiative (b) Funds previously made available in the Consolidated Appropriations Act, 2018 ( Public Law 115–141 Choice Neighborhoods Initiative (c) Funds previously made available in the Consolidated Appropriations Act, 2019 ( Public Law 116–6 Choice Neighborhoods Initiative (d) Funds previously made available in the Further Consolidated Appropriations Act, 2020 ( Public Law 116–94 Choice Neighborhoods Initiative (e) Funds previously made available in the Consolidated Appropriations Act, 2021 ( Public Law 116–260 Choice Neighborhoods Initiative 233. None of the funds made available by this Act may be used by the Department of Housing and Urban Development to direct a grantee to undertake specific changes to existing zoning laws as part of carrying out the final rule entitled Affirmatively Furthering Fair Housing Affirmatively Furthering Fair Housing Assessment Tool 234. For fiscal year 2024, if the Secretary determines or has determined, for any prior formula grant allocation administered by the Secretary through the Offices of Public and Indian Housing, Community Planning and Development, or Housing, that a recipient received an allocation greater than the amount such recipient should have received for a formula allocation cycle pursuant to applicable statutes and regulations, the Secretary may adjust for any such funding error in the next applicable formula allocation cycle by (a) offsetting each such recipient’s formula allocation (if eligible for a formula allocation in the next applicable formula allocation cycle) by the amount of any such funding error, and (b) reallocating any available balances that are attributable to the offset to the recipient or recipients that would have been allocated additional funds in the formula allocation cycle in which any such error occurred (if such recipient or recipients are eligible for a formula allocation in the next applicable formula allocation cycle) in an amount proportionate to such recipient’s eligibility under the next applicable formula allocation cycle: Provided, Provided further, next applicable formula allocation cycle Provided further, 235. The Secretary may transfer from amounts made available for salaries and expenses under this title (excluding amounts made available under the heading Office of Inspector General Information Technology Fund Provided, Provided further, Provided further, 236. (a) Funds previously made available in the Consolidated Appropriations Act, 2017 ( Public Law 115–31 Lead Hazard Reduction (b) Funds previously made available in the Consolidated Appropriations Act, 2018 ( Public Law 115–141 Lead Hazard Reduction 237. The Secretary shall comply with all process requirements, including public notice and comment, when seeking to revise any annual contributions contract. 238. (a) Of the unobligated balances remaining from amounts made available under the heading Lead Hazard Reduction Public Law 117–103 (b) Of the unobligated balances remaining from amounts made available under the heading Lead Hazard Reduction Public Law 117–103 Public Law 117–328 (c) Of the unobligated balances remaining from amounts made available under the heading Public Housing Fund Public Law 117–328 (d) Any unobligated balances (including any unobligated balances of contract authority) as of the date of enactment of this Act included under Treasury Appropriation Fund Symbols 86 X 0129, 86 X 0148, 86 X 0197, 86 X 0314, 86 X 0315, 86 X 0324, 86 X 0402, 86 X 4058 and 86 X 8093 are hereby rescinded. 239. The language under the heading Rental Assistance Demonstration Public Law 112–55 Public Law 117–103 (1) in the initial undesignated matter, by striking and Public Housing Operating Fund , Public Housing Operating Fund Public Housing Fund (2) in the second proviso, by striking 2024 2030 (3) by striking the fourth proviso, and inserting the following new provisos: Provided further, Provided further, Tenant-Based Rental Assistance Project-Based Rental Assistance Provided further, Project Based Rental Assistance, Provided further, Tenant-Based Rental Assistance Project-Based Rental Assistance (4) in the thirteenth proviso, as reordered above, by— (A) inserting Public Housing Fund Self-Sufficiency Programs Family Self-Sufficiency Public Housing Operating Fund (B) inserting or the ongoing availability of services for residents effective conversion of assistance under the demonstration (5) after the twenty-third proviso, as reordered above, by inserting the following proviso: Provided further, 12 U.S.C. 1701q (6) in the twenty-eighth proviso, as reordered above, by inserting , section 811 of the American Homeownership and Economic Opportunity Act of 2000, Housing Act of 1959 (7) in the thirty-third proviso, as reordered above, by striking any section 202 project rental assistance contract or section 811 project rental assistance contract conversions the conversion of assistance from section 202(c)(2) of the Housing Act of 1959, section 811 of the American Homeownership and Economic Opportunity Act of 2000, or section 811(d)(2) of the Cranston-Gonzalez National Affordable Housing Act 240. There is hereby established in the Treasury of the United States a fund to be known as the Department of Housing and Urban Development Nonrecurring Expenses Fund Provided, Provided further, Provided further, 241. Amounts made available for the Office of Housing under the heading Program Offices 42 U.S.C. 1437f Rental Assistance Demonstration Public Law 112–55 242. Of the amounts made available for the Office of Policy Development and Research under the heading Program Offices Information Technology Fund Provided, 243. For fiscal year 2024, the costs of any rent incentives as authorized pursuant to waivers or alternative requirements of the Jobs-Plus initiative as described under the heading Self-Sufficiency Programs Provided, Public Housing Fund Provided further, 42 U.S.C. 1437f Rental Assistance Demonstration Public Law 112–55 42 U.S.C. 1437f Project-Based Rental Assistance Tenant-Based Rental Assistance 244. (a) With respect to the funds made available for the Continuum of Care program authorized under subtitle C of title IV of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11381 et seq. Homeless Assistance Grants 42 U.S.C. 11364a (1) title VI of the Civil Rights Act of 1964 ( 42 U.S.C. 2000d et seq. 42 U.S.C. 3601 et seq. (A) on or off reservation or trust lands for awards made to Indian tribes or tribally designated housing entities; or (B) on reservation or trust lands for awards made to eligible entities as defined in section 401 of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11360 (2) Indian tribes and tribally designated housing entities shall also be eligible to administer permanent housing rental assistance under section 423(g) of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11383(g) (b) With respect to funds made available for the Continuum of Care program authorized under subtitle C of title IV of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11381 et seq. Homeless Assistance Grants 42 U.S.C. 11364a (1) applications for projects to be carried out on reservations or trust land shall contain a certification of consistency with an approved Indian housing plan developed under section 102 of the Native American Housing Assistance and Self-Determination Act (NAHASDA) ( 25 U.S.C. 4112 42 U.S.C. 12706 42 U.S.C. 11361 (2) Indian tribes and tribally designated housing entities that are recipients of awards for projects on reservations or trust land shall certify that they are following an approved housing plan developed under section 102 of NAHASDA ( 25 U.S.C. 4112 (3) a collaborative applicant for a Continuum of Care whose geographic area includes only reservation and trust land is not required to meet the requirement in section 402(f)(2) of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11360a(f)(2) 245. (a) Section 184(a) of the Housing and Community Development Act of 1992 (12 U.S.C. 1715z–13a(a)) is amended to read as follows: (a) Authority To provide access to sources of private financing to Indian families, Indian housing authorities, and Indian tribes, who otherwise could not acquire housing financing because of the unique legal status of Indian lands and the unique nature of tribal economies; and to expand homeownership opportunities to Indian families, Indian housing authorities and Indian tribes on fee simple lands, the Secretary may guarantee not to exceed 100 percent of the unpaid principal and interest due on any loan eligible under subsection (b) made to an Indian family, Indian housing authority, or Indian tribe on trust land and fee simple land. . (b) Section 184(b)(2) of the Housing and Community Development Act of 1992 (12 U.S.C. 1715z–13a(b)(2)) is amended to read as follows: (2) Eligible housing The loan shall be used to construct, acquire, refinance, or rehabilitate 1- to 4-family dwellings that are standard housing. . (c) Section 184A of the Housing and Community Development Act of 1992 ( 12 U.S.C. 1715z–13b (1) in subsection (b), by inserting , and to expand homeownership opportunities to Native Hawaiian families who are eligible to receive a homestead under the Hawaiian Homes Commission Act, 1920 (42 Stat. 108) on fee simple lands in the State of Hawaii markets (2) in subsection (c), by striking paragraph (2) and inserting the following: (2) Eligible housing The loan shall be used to construct, acquire, refinance, or rehabilitate 1- to 4-family dwellings that are standard housing. . 246. (a) Section 184(b)(5)(A) of the Housing and Community Development Act of 1992 (12 U.S.C. 1715z–13a(b)(5)(A)) is amended to read as follows: (5) Terms The loan shall— (A) be made for a term not exceeding 30 years, except as determined by the Secretary, when there is a loan modification under subsection (h)(1)(B), the loan shall not exceed 40 years; . (b) Section 184A(c)(5)(A) of the Housing and Community Development Act of 1992 (12 U.S.C. 1715z–13b(c)(5)(A)) is amended to read as follows: (5) Terms The loan shall— (A) be made for a term not exceeding 30 years; except, as determined by the Secretary, when there is a loan modification under subsection (i)(1)(B) the term of the loan shall not exceed 40 years; . 247. Section 105 of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5305 (j) Special activities by indian tribes Indian tribes receiving grants under section 5306(a)(1) of this title (section 106(a)(1) of this Act) shall be authorized to carry out activities described in subsection (a)(15) directly. . 248. Section 184A(c) of the Housing and Community Development Act of 1992 (12 U.S.C. 1715z–13b(c)) is amended by adding at the end the following new paragraph: (6) Prohibition on pace priming Notwithstanding any other provision of law, no property with a loan guaranteed under this section shall be subject to a new residential Property Assessed Clean Energy (PACE or R-PACE) loan or equivalent financing without the PACE loan or equivalent financing provider obtaining prior written consent from the Secretary, subject to such terms and conditions as the Secretary may prescribe. Any new residential PACE or R-PACE loan or equivalent financing that is entered into by a PACE Provider absent such consent shall be deemed void ab initio and the PACE Provider shall bear all costs associated with the transactions with no recourse against the borrower resulting from the PACE transaction, including all costs incurred by any holder of a guaranteed loan or the Secretary in obtaining good and marketable title. . 249. Section 184(b) of the Housing and Community Development Act of 1992 (12 U.S.C. 1715z–13a(b)) is amended by adding at the end the following new paragraph: (6) Prohibition on pace priming Notwithstanding any other provision of law, no property with a loan guaranteed under this section, shall be subject to a new residential Property Assessed Clean Energy (PACE or R-PACE) loan or equivalent financing without the PACE loan or equivalent financing provider obtaining prior written consent from the Secretary, subject to such terms and conditions as the Secretary may prescribe. Any new residential PACE or R-PACE loan or equivalent financing that is entered into by a PACE Provider absent such consent shall be deemed void ab initio and the PACE Provider shall bear all costs associated with the transactions with no recourse against the borrower resulting from the PACE transaction, including all costs incurred by any holder of a guaranteed loan or the Secretary in obtaining good and marketable title. . 250. Title V of the National Housing Act ( 12 U.S.C. 1731a et seq. 543. Prohibition on pace priming Notwithstanding any other provision of law, including section 208 of this Act, no 1 to 4 unit property with a mortgage insured, guaranteed, made, or held by the Secretary after the date of enactment of this section, shall be subject to a new residential Property Assessed Clean Energy (PACE or R-PACE) loan or equivalent financing without the PACE loan or equivalent financing provider obtaining prior written consent from the Secretary, subject to such terms and conditions as the Secretary may prescribe. Any new PACE or R-PACE loan or equivalent financing that is entered into by a PACE provider absent such consent shall be deemed void ab initio and the PACE provider shall bear all costs associated with the transactions with no recourse against the homeowner resulting from the PACE transaction, including all costs incurred by any holder of an insured or guaranteed mortgage or the Secretary in obtaining good and marketable title. . 251. Notwithstanding section 3(b)(6) of the United States Housing Act of 1937 (the Act) and chapter 63 Project-Based Rental Assistance Housing Certificate Fund 42 U.S.C. 1437f Provided, Provided further, Provided further, Provided further, Provided further, Provided further, Provided further, Provided further, 252. Section 239 of division L of the Consolidated Appropriations Act, 2016 is amended by striking 2028 2043 253. For fiscal years 2024 and 2025, the Secretary may issue a 2-year notification of funding opportunity, including any alternative procedures or requirements as may be necessary to allocate future appropriations in the second year, for the award of amounts made available for the Continuum of Care program under subtitle C of title IV of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11381 et seq. 254. The Secretary may, upon a finding that a waiver or alternative requirement is necessary for the effective delivery and administration of funds made available for new incremental voucher assistance or renewals for the Mainstream program and the family unification program (including the Foster Youth to Independence program) in this and prior Acts, waive or specify alternative requirements, other than requirements related to tenant rights and protections, rent setting, fair housing, nondiscrimination, labor standards, and the environment, for— (1) section 8(o)(6)(A) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(o)(6)(A) (2) section 8(x)(2) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(x)(2) This title may be cited as the Department of Housing and Urban Development Appropriations Act, 2024 III RELATED AGENCIES Access board SALARIES AND EXPENSES For expenses necessary for the Access Board, as authorized by section 502 of the Rehabilitation Act of 1973 ( 29 U.S.C. 792 Provided, Federal maritime commission SALARIES AND EXPENSES For necessary expenses of the Federal Maritime Commission as authorized by section 201(d) of the Merchant Marine Act, 1936, as amended ( 46 U.S.C. 46107 Provided, National railroad passenger corporation Office of inspector general SALARIES AND EXPENSES For necessary expenses of the Office of Inspector General for the National Railroad Passenger Corporation to carry out the provisions of the Inspector General Act of 1978 ( 5 U.S.C. App. 3 Provided, Provided further, Provided further, Provided further, National transportation safety board SALARIES AND EXPENSES For necessary expenses of the National Transportation Safety Board, including hire of passenger motor vehicles and aircraft; services as authorized by section 3109 of title 5, United States Code, but at rates for individuals not to exceed the per diem rate equivalent to the rate for a GS–15; uniforms, or allowances therefor, as authorized by sections 5901 and 5902 of title 5, United States Code, $134,300,000, of which not to exceed $2,000 may be used for official reception and representation expenses: Provided, Neighborhood reinvestment corporation PAYMENT TO THE NEIGHBORHOOD REINVESTMENT CORPORATION For payment to the Neighborhood Reinvestment Corporation for use in neighborhood reinvestment activities, as authorized by the Neighborhood Reinvestment Corporation Act ( 42 U.S.C. 8101–8107 Provided, Surface transportation board SALARIES AND EXPENSES For necessary expenses of the Surface Transportation Board, including services authorized by section 3109 of title 5, United States Code, $47,452,000: Provided, Provided further, United states interagency council on homelessness OPERATING EXPENSES For necessary expenses, including payment of salaries, authorized travel, hire of passenger motor vehicles, the rental of conference rooms, and the employment of experts and consultants under section 3109 of title 5, United States Code, of the United States Interagency Council on Homelessness in carrying out the functions pursuant to title II of the McKinney-Vento Homeless Assistance Act, as amended, $4,300,000. IV GENERAL PROVISIONS—THIS ACT 401. None of the funds in this Act shall be used for the planning or execution of any program to pay the expenses of, or otherwise compensate, non-Federal parties intervening in regulatory or adjudicatory proceedings funded in this Act. 402. None of the funds appropriated in this Act shall remain available for obligation beyond the current fiscal year, nor may any be transferred to other appropriations, unless expressly so provided herein. 403. The expenditure of any appropriation under this Act for any consulting service through a procurement contract pursuant to section 3109 of title 5, United States Code, shall be limited to those contracts where such expenditures are a matter of public record and available for public inspection, except where otherwise provided under existing law, or under existing Executive order issued pursuant to existing law. 404. (a) None of the funds made available in this Act may be obligated or expended for any employee training that— (1) does not meet identified needs for knowledge, skills, and abilities bearing directly upon the performance of official duties; (2) contains elements likely to induce high levels of emotional response or psychological stress in some participants; (3) does not require prior employee notification of the content and methods to be used in the training and written end of course evaluation; (4) contains any methods or content associated with religious or quasi-religious belief systems or new age (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. 405. 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 be available for obligation or expenditure through a reprogramming of funds that— (1) creates a new program; (2) eliminates a program, project, or activity; (3) increases funds or personnel for any program, project, or activity for which funds have been denied or restricted by the Congress; (4) proposes to use funds directed for a specific activity by either the House or Senate Committees on Appropriations for a different purpose; (5) augments existing programs, projects, or activities in excess of $5,000,000 or 10 percent, whichever is less; (6) reduces existing programs, projects, or activities by $5,000,000 or 10 percent, whichever is less; or (7) creates, reorganizes, or restructures a branch, division, office, bureau, board, commission, agency, administration, or department different from the budget justifications submitted to the Committees on Appropriations or the report accompanying this Act, whichever is more detailed, unless prior approval is received from the House and Senate Committees on Appropriations: Provided, Provided further, (A) a table for each appropriation with a separate column to display the prior year enacted level, the President's budget request, adjustments made by Congress, adjustments due to enacted rescissions, if appropriate, and the fiscal year enacted level; (B) 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, the table in the report accompanying this Act, accompanying reports of the House and Senate Committee on Appropriations, or in the budget appendix for the respective appropriations, whichever is more detailed, and shall apply to all items for which a dollar amount is specified and to all programs for which new budget (obligational) authority is provided, as well as to discretionary grants and discretionary grant allocations; and (C) an identification of items of special congressional interest. 406. 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, Provided further, 407. No funds in this Act may be used to support any Federal, State, or local projects that seek to use the power of eminent domain, unless eminent domain is employed only for a public use: Provided, Provided further, Public Law 107–118 408. None of the funds made available in this Act may be transferred to any department, agency, or instrumentality of the United States Government, except pursuant to a transfer made by, or transfer authority provided in, this Act or any other appropriations Act. 409. No funds appropriated pursuant to this Act may be expended by an entity unless the entity agrees that in expending the assistance the entity will comply with sections 2 through 4 of the Act of March 3, 1933 ( 41 U.S.C. 8301–8305 Buy American Act 410. No funds appropriated or otherwise made available under this Act shall be made available to any person or entity that has been convicted of violating the Buy American Act ( 41 U.S.C. 8301–8305 411. None of the funds made available in this Act may be used for first-class airline accommodations in contravention of sections 301–10.122 and 301–10.123 of title 41, Code of Federal Regulations. 412. None of the funds made available in this Act may be used to send or otherwise pay for the attendance of more than 50 employees of a single agency or department of the United States Government, who are stationed in the United States, at any single international conference unless the relevant Secretary reports to the House and Senate Committees on Appropriations at least 5 days in advance that such attendance is important to the national interest: Provided, international conference 413. None of the funds appropriated or otherwise made available under this Act may be used by the Surface Transportation Board to charge or collect any filing fee for rate or practice complaints filed with the Board in an amount in excess of the amount authorized for district court civil suit filing fees under section 1914 of title 28, United States Code. 414. (a) None of the funds made available in this Act may be used to maintain or establish a computer network unless such network blocks the viewing, downloading, and exchanging of pornography. (b) Nothing in subsection (a) shall limit the use of funds necessary for any Federal, State, tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecution, or adjudication activities. 415. (a) None of the funds made available in this Act may be used to deny an Inspector General funded under this Act timely access to any records, documents, or other materials available to the department or agency over which that Inspector General has responsibilities under the Inspector General Act of 1978 (5 U.S.C. App.), or to prevent or impede that Inspector General's access to such records, documents, or other materials, under any provision of law, except a provision of law that expressly refers to the Inspector General and expressly limits the Inspector General's right of access. (b) A department or agency covered by this section shall provide its Inspector General with access to all such records, documents, and other materials in a timely manner. (c) Each Inspector General shall ensure compliance with statutory limitations on disclosure relevant to the information provided by the establishment over which that Inspector General has responsibilities under the Inspector General Act of 1978 (5 U.S.C. App.). (d) 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. 416. None of the funds appropriated or otherwise made available by this Act may be used to pay award or incentive fees for contractors whose performance has been judged to be below satisfactory, behind schedule, over budget, or has failed to meet the basic requirements of a contract, unless the Agency determines that any such deviations are due to unforeseeable events, government-driven scope changes, or are not significant within the overall scope of the project and/or program unless such awards or incentive fees are consistent with 16.401(e)(2) of the Federal Acquisition Regulations. 417. No part of any appropriation contained in this Act shall be available to pay the salary for any person filling a position, other than a temporary position, formerly held by an employee who has left to enter the Armed Forces of the United States and has satisfactorily completed his or her period of active military or naval service, and has within 90 days after his or her release from such service or from hospitalization continuing after discharge for a period of not more than 1 year, made application for restoration to his or her former position and has been certified by the Office of Personnel Management as still qualified to perform the duties of his or her former position and has not been restored thereto. 418. (a) None of the funds made available by this Act may be used to approve a new foreign air carrier permit under sections 41301 through 41305 of title 49, United States Code, or exemption application under section 40109 of that title of an air carrier already holding an air operators certificate issued by a country that is party to the U.S.-E.U.-Iceland-Norway Air Transport Agreement where such approval would contravene United States law or Article 17 bis of the U.S.-E.U.-Iceland-Norway Air Transport Agreement. (b) Nothing in this section shall prohibit, restrict or otherwise preclude the Secretary of Transportation from granting a foreign air carrier permit or an exemption to such an air carrier where such authorization is consistent with the U.S.-E.U.-Iceland-Norway Air Transport Agreement and United States law. 419. None of the funds made available by this Act to the Department of Transportation may be used in contravention of section 306108 of title 54, United States Code. 420. In the table of projects entitled Community Project Funding/Congressionally Directed Spending Public Law 117–328 B–360 Educational Campus I Am Mentality, Inc. B–360 Baltimore, Inc. 421. 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 rescinded, if applicable) only if the President subsequently so designates all such amounts and transmits such designations to the Congress. This Act may be cited as the Transportation, Housing and Urban Development, and Related Agencies Appropriations Act, 2024 July 20, 2023 Read twice and placed on the calendar

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

Department of State, Foreign Operations, and Related Programs Appropriations Act, 2024 This bill provides FY2024 appropriations for the Department of State, foreign operations, and related programs. The bill provides appropriations to the State Department for Administration of Foreign Affairs, International Organizations, and International Commissions. The bill provides appropriations for related agencies and programs, including the U.S. Agency for Global Media, the Asia Foundation, the U.S. Institute of Peace, the Center for Middle Eastern-Western Dialogue Trust Fund, the Eisenhower Exchange Fellowship Program, the Israeli Arab Scholarship Program, the East-West Center, and the National Endowment for Democracy. The bill provides appropriations for other commissions, including the Commission for the Preservation of America's Heritage Abroad, the U.S. Commission on International Religious Freedom, the Commission on Security and Cooperation in Europe, the Congressional-Executive Commission on the People's Republic of China, the U.S.-China Economic and Security Review Commission. and the Commission on Reform and Modernization of the Department of State. The bill provides appropriations to the U.S. Agency for International Development (USAID), the State Department and the President for International Security Assistance, and the President and International Financial Institutions for Multilateral Assistance. The bill provides appropriations for bilateral economic assistance, including programs and activities conducted by the President; the State Department; Independent Agencies, including the Peace Corps, the Millennium Challenge Corporation, the Inter-American Foundation, and the U.S. African Development Foundation; and the Department of the Treasury. The bill provides appropriations for export and investment assistance to the Export-Import Bank of the United States, the U.S. International Development Finance Corporation, and the U.S. Trade and Development Agency. The bill sets forth requirements and restrictions for using funds provided by this and other appropriations acts.

118 S2438 RS: Department of State, Foreign Operations, and Related Programs Appropriations Act, 2024 U.S. Senate 2023-07-20 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II Calendar No. 144 118th CONGRESS 1st Session S. 2438 [Report No. 118–71] IN THE SENATE OF THE UNITED STATES July 20, 2023 Mr. Coons Committee on Appropriations A BILL Making appropriations for the Department of State, foreign operations, and related programs for the fiscal year ending September 30, 2024, and for other purposes. That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the Department of State, foreign operations, and related programs for the fiscal year ending September 30, 2024, and for other purposes, namely: 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, $9,752,263,000, of which $883,283,000 may remain available until September 30, 2025, and of which up to $3,863,707,000 may remain available until expended for Worldwide Security Protection: Provided, (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), $3,676,196,000, 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, $1,739,648,000. (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, $1,127,966,000. (4) Security programs For necessary expenses for security activities, $3,208,453,000, of which up to $3,178,940,000 is for Worldwide Security Protection. (5) Fees and payments collected In addition to amounts otherwise made available under this heading— (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. (6) Transfer of funds, reprogramming, and other matters (A) 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. (B) Of the amount made available under this heading for Worldwide Security Protection, not to exceed $50,000,000 may be transferred to, and merged with, funds made available by this Act under the heading Emergencies in the Diplomatic and Consular Service Provided, (C) Funds appropriated under this heading 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 this title. (D) Funds appropriated under this heading shall be made available to support the activities of the Ambassador-at-Large for the Arctic Region, as described in the report accompanying this Act. (E) Of the amount made available under this heading, up to $75,000,000 may be transferred to, and merged with, funds made available in title I of this Act under the heading Capital Investment Fund Provided, (F) 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 (G) Funds appropriated under this heading and under the heading Emergencies in the Diplomatic and Consular Service Public Law 116–260 (i) medical, mental health, and other appropriate support for such wrongfully detained United States nationals; and (ii) travel expenses and other appropriate support for family members of such individuals during their wrongful detention, and following their return, including for counseling, the provision of information related to the wrongful detention case, and family reunification: Provided, Provided further, 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, $134,670,000, of which $16,175,000 may remain available until September 30, 2025, and of which up to $26,835,000 may remain available until September 30, 2025 for the Special Inspector General for Afghanistan Reconstruction (SIGAR): Provided, 22 U.S.C. 3929(a)(1) Provided further, EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS For necessary expenses of educational and cultural exchange programs, as authorized, $779,539,000, to remain available until expended, of which not less than $287,800,000 shall be for the Fulbright Program and not less than $115,000,000 shall be for Citizen Exchange Program: Provided, Provided further, Provided further, Public Law 116–6 Provided further, Provided further, Provided further, Provided further, Provided further, 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. Provided, In addition, for the costs of worldwide security upgrades, acquisition, and construction as authorized, $1,095,801,000, to remain available until expended. Amounts appropriated under this heading are made available for the purposes justified for funds requested under this heading in the fiscal year 2024 budget request for international affairs, Congressional Budget Appendix 1: Department of State, Diplomatic Engagement Justification, except not more than 90 percent of the amount justified for any new construction cost project may be made available for such purpose: Provided, Public Law 117–263 Provided further, 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, Provided further, PAYMENT TO THE AMERICAN INSTITUTE IN TAIWAN For necessary expenses to carry out the Taiwan Relations Act ( Public Law 96–8 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 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 organizations CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS For necessary expenses, not otherwise provided for, to meet annual obligations of membership in international multilateral organizations, pursuant to treaties ratified pursuant to the advice and consent of the Senate, conventions, or specific Acts of Congress, $1,622,825,000, of which $96,240,000 may remain available until September 30, 2025: Provided, Provided further, Provided further, Provided further, Provided further, CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES For necessary expenses to pay assessed and other expenses of international peacekeeping activities directed to the maintenance or restoration of international peace and security, $1,481,915,000, of which $740,958,000 may remain available until September 30, 2025: Provided, Provided further, Provided further, Provided further, Provided further, Provided further, International commissions For necessary expenses, not otherwise provided for, to meet obligations of the United States arising under treaties, or specific Acts of Congress, as follows: INTERNATIONAL BOUNDARY AND WATER COMMISSION, 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, $53,030,000, to remain available until expended, as authorized: Provided, Salaries and Expenses Provided further, 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, $13,505,000: Provided, Provided further, INTERNATIONAL FISHERIES COMMISSIONS For necessary expenses for international fisheries commissions, not otherwise provided for, as authorized by law, $65,719,000: Provided, 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, $895,000,000, of which $44,750,000 may remain available until September 30, 2025: Provided, Provided further, Provided further, Provided further, Provided further, 22 U.S.C. 6202 22 U.S.C. 6204 Provided further, Provided further, Provided further, Provided further, Provided further, International Broadcasting Operations Provided further, 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 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. 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 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 Provided, 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 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, $25,000,000. 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 Provided 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, $770,000, as authorized by chapter 3123 Provided, Provided further, Provided further, 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. 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. 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. 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 Provided, Public Law 111–117 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 James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 ( Public Law 117–263 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, $1,796,762,000, of which up to $269,514,000 may remain available until September 30, 2025: Provided, Capital Investment Fund Provided further, Provided further, Operating Expenses Provided further, Provided further, Capital Investment Fund 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, Provided further, OFFICE OF INSPECTOR GENERAL For necessary expenses to carry out the provisions of section 667 of the Foreign Assistance Act of 1961, $86,500,000, of which up to $12,975,000 may remain available until September 30, 2025, for the Office of Inspector General of the United States Agency for International Development. 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 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, $4,222,950,000, to remain available until September 30, 2025, and which shall be apportioned directly to the United States Agency for International Development: Provided, Provided further, Provided further, Provided further, Provided further, Provided further, Provided further, Provided further, Provided further, Provided further, motivate Provided further, In addition, for necessary expenses to carry out the provisions of the Foreign Assistance Act of 1961 for the prevention, treatment, and control of, and research on, HIV/AIDS, $6,045,000,000, to remain available until September 30, 2028, which shall be apportioned directly to the Department of State: Provided, Public Law 108–25 Provided further, Provided further, Provided further, 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, $3,978,608,000, to remain available until September 30, 2025: Provided, 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, $4,850,000,000, to remain available until expended, of which $1,091,000,000 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, 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, $91,000,000, to remain available until expended: Provided, Provided further, Provided further, Provided further, 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 Provided, Provided further, ECONOMIC SUPPORT FUND For necessary expenses to carry out the provisions of chapter 4 of part II of the Foreign Assistance Act of 1961, $4,026,612,000, to remain available until September 30, 2025, of which $435,000,000 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 Provided, Provided further, For an additional amount for such purposes, $133,250,000, to remain available until September 30, 2025, which shall be made available for the Bureau for Development, Democracy, and Innovation, United States Agency for International Development. 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 Public Law 101–179 22 U.S.C. 5801 22 U.S.C. 5402 Provided, Global Health Programs Economic Support Fund International Narcotics Control and Law Enforcement Provided further, Provided further, Provided further, 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 22 U.S.C. 3901 et seq. Provided, 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) Provided, 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. Provided, 22 U.S.C. 2515 Provided further, Provided further, Provided further, Provided further, Provided further, Public Law 113–76 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. Provided, 22 U.S.C. 7704(e) Provided further, 22 U.S.C. 7708 Provided further, 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, $52,000,000, to remain available until September 30, 2025: Provided, 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. Provided, Provided further, Provided further, 22 U.S.C. 290h–3(a)(2) Provided further, Provided further, Provided further, Provided further, 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, DEBT RESTRUCTURING For Bilateral Economic Assistance—Department of the Treasury—Debt Restructuring Common Framework for Debt Treatments beyond the Debt Service Suspension Initiative Provided, TROPICAL FOREST AND CORAL REEF 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. IV INTERNATIONAL SECURITY ASSISTANCE Department of State INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT For necessary expenses to carry out section 481 of the Foreign Assistance Act of 1961, $1,466,000,000, to remain available until September 30, 2025: Provided, Provided further, Provided further, Provided further, Provided further, NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED PROGRAMS For necessary expenses for nonproliferation, anti-terrorism, demining and related programs and activities, $921,000,000, 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 22 U.S.C. 2763 Provided, Provided further, Provided further, Provided further, PEACEKEEPING OPERATIONS For necessary expenses to carry out the provisions of section 551 of the Foreign Assistance Act of 1961, $415,458,000, of which $207,729,000 may remain available until September 30, 2025: Provided, Provided further, Provided further, Contributions for International Peacekeeping Activities Provided further, 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, $125,425,000, to remain available until September 30, 2025: Provided, Provided further, Provided further, 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 Provided, Provided further, Provided further, None 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 specifying the conditions under which such procurement may be financed with such funds: Provided, Provided further, Provided further, Provided further, Provided further, Provided further, Provided further, Provided further, 22 U.S.C. 2761(e)(1)(A) 22 U.S.C. 2792(b) 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, $468,450,000: Provided, Provided further, 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, $150,000,000, to remain available until expended: Provided, Provided further, 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, $1,430,256,000, 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. 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, $20,000,000, 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, $200,000,000, to remain available until expended: Provided, Provided further, Contributions to International Monetary Fund Facilities and Trust Funds Provided further, Department of the Treasury, International Affairs Technical Assistance Department of the Treasury, Debt Restructuring Provided further, Provided further, Provided further, 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 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, 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 $129,000,000, of which up to $19,350,000 may remain available until September 30, 2025: Provided, Provided further, Provided further, Provided further, PROGRAM BUDGET APPROPRIATIONS For the cost of direct loans, loan guarantees, insurance, and tied-aid grants as authorized by section 10 of the Export-Import Bank Act of 1945, as amended, not to exceed $25,000,000, to remain available until September 30, 2027: Provided, Provided further, RECEIPTS COLLECTED Receipts collected pursuant to the Export-Import Bank Act of 1945 ( Public Law 79–173 Provided, 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, Public Law 115–254 Provided further, (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); and (2) $780,000,000 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, United States International Development Finance Corporation—Program Account Provided further, Provided further, Provided further, Provided further, Provided further, Provided further, Provided further, Provided further, Provided further, PROGRAM ACCOUNT Amounts paid from United States International Development Finance Corporation—Corporate Capital Account Provided, Public Law 115–254 Provided further, Provided further, Provided further, Provided further, Trade and development agency For necessary expenses to carry out the provisions of section 661 of the Foreign Assistance Act of 1961, $100,000,000, to remain available until September 30, 2025, of which no more than $24,500,000 may be used for administrative expenses: Provided, VII GENERAL PROVISIONS ALLOWANCES AND DIFFERENTIALS 7001. Funds appropriated under title I of this Act shall be available, except as otherwise provided, for allowances and differentials as authorized by sub chapter 59 UNOBLIGATED BALANCES REPORT 7002. 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, CONSULTING SERVICES 7003. The expenditure of any appropriation under title I of this Act for any consulting service through procurement contract, pursuant to section 3109 of title 5, United States Code, shall be limited to those contracts where such expenditures are a matter of public record and available for public inspection, except where otherwise provided under existing law, or under existing Executive order issued pursuant to existing law. DIPLOMATIC FACILITIES 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 Public Law 114–323 (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, Provided further, Embassy Security, Construction, and Maintenance (c) Interim and temporary facilities abroad (1) Security vulnerabilities Funds appropriated by this Act under the heading Embassy Security, Construction, and Maintenance (2) 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 PERSONNEL ACTIONS 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, Provided further, PROHIBITION ON PUBLICITY OR PROPAGANDA 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, Public Law 96–533 22 U.S.C. 2151a PROHIBITION AGAINST DIRECT FUNDING FOR CERTAIN COUNTRIES 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, COUPS D’ÉTAT 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 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, Provided further, Provided further, (b) Waiver The Secretary of State, following consultation with the heads of relevant Federal agencies, may waive the restriction in this section on a program-by-program basis if the Secretary certifies and reports to the Committees on Appropriations that such waiver is in the national security interest of the United States: Provided, TRANSFER OF FUNDS AUTHORITY 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) Embassy security Funds appropriated under the headings Diplomatic Programs Embassy Security, Construction, and Maintenance Emergencies in the Diplomatic and Consular Service Provided, (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) 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 Assistance for Europe, Eurasia and Central Asia Provided, (c) United states international development finance corporation (1) Transfers Amounts transferred to the United States International Development Finance Corporation pursuant to section 1434(j) of the BUILD Act of 2018 (division F of Public Law 115–254 Provided, (2) Transfer of funds from millennium challenge corporation Funds appropriated under the heading Millennium Challenge Corporation United States International Development Finance Corporation Provided, United States International Development Finance Corporation—Program Account Provided further, Public Law 108–199 Provided further, Provided further, Provided further, Provided further, (d) Transfer of funds between accounts None of the funds made available under titles II through V of this Act may be obligated under an appropriations account to which such funds were not appropriated, except for transfers specifically provided for in this Act, unless the President, not less than 5 days prior to the exercise of any authority contained in the Foreign Assistance Act of 1961 to transfer funds, consults with and provides a written policy justification to the Committees on Appropriations. (e) 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, Provided further, PROHIBITION AND LIMITATION ON CERTAIN EXPENSES 7010. (a) 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, (b) 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. (c) 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. (d) Limitations on entertainment expenses None of the funds appropriated or otherwise made available by this Act under the headings International Military Education and Training Foreign Military Financing Program Global Health Programs Development Assistance Economic Support Fund Assistance for Europe, Eurasia and Central Asia (1) alcoholic beverages; or (2) entertainment expenses for activities that are substantially of a recreational character, including entrance fees at sporting events, theatrical and musical productions, and amusement parks. AVAILABILITY OF FUNDS 7011. 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, 22 U.S.C. 2763 United States International Development Finance Corporation Assistance for Europe, Eurasia and Central Asia Provided further, Provided further, LIMITATION ON ASSISTANCE TO COUNTRIES IN DEFAULT 7012. 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 7013. (a) Prohibition on taxation None of the funds appropriated under titles III through VI of this Act may be made available to provide assistance for a foreign country under a new bilateral agreement governing the terms and conditions under which such assistance is to be provided unless such agreement includes a provision stating that assistance provided by the United States shall be exempt from taxation, or reimbursed, by the foreign government, and the Secretary of State 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 An 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) In general The provisions of this section shall not apply to any foreign government or entity that assesses such taxes if the Secretary of State reports to the Committees on Appropriations that— (A) such foreign government or entity has an effective arrangement that is providing substantial reimbursement of such taxes; or (B) the foreign policy interests of the United States outweigh the purpose of this section to ensure that United States assistance is not subject to taxation. (2) 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) 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 (2) Taxes and taxation The term taxes and taxation RESERVATIONS OF FUNDS 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, Provided further, (b) 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, (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, NOTIFICATION REQUIREMENTS 7015. (a) Notification of changes in programs, projects, and activities None of the funds made available in titles I, II, and VI, and under the headings Peace Corps Millennium Challenge Corporation (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) 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) 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) Notification requirement None of the funds made available by this Act under the headings Global Health Programs 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 Trade and Development Agency Provided, Provided further, Provided further, (d) Department of defense programs and funding notifications (1) 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 Appropriations to the same extent and under the same conditions as other committees pursuant to subsection (f) of that section: Provided, Provided further, (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, Provided further, (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, Sri Lanka, Sudan, Syria, Tunisia, 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 report accompanying this Act. (h) Other program notification requirement (1) Diplomatic programs Funds appropriated under title I of this Act under the heading Diplomatic Programs (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; (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) 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) 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 (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) 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, DOCUMENTS, REPORT POSTING, RECORDS MANAGEMENT, AND RELATED CYBERSECURITY PROTECTIONS 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 Web site of such agency not later than 45 days following the receipt of such report by Congress. (2) Paragraph (1) shall not apply to a report if— (A) the public posting of the report would compromise national security, including the conduct of diplomacy; (B) the report contains proprietary or other privileged information; or (C) the public posting of the report is specifically exempted in the report accompanying this Act. (3) The agency posting such report shall do so only after the report has been made available to the Committees on Appropriations. (c) Records management and related cybersecurity protections The Secretary of State and USAID Administrator shall— (1) 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 Capital Investment Fund Operating Expenses Capital Investment Fund (3) direct departing employees, including senior officials, that all Federal records generated by such employees belong to the Federal Government; (4) substantially reduce, compared to the previous fiscal year, the response time for identifying and retrieving Federal records, including requests made pursuant to section 552 of title 5, United States Code (commonly known as the Freedom of Information Act (5) 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 7017. 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 7018. None of the funds made available to carry out part I of the Foreign Assistance Act of 1961, as amended, may be used to pay for the performance of abortions as a method of family planning or to motivate or coerce any person to practice abortions. None of the funds made available to carry out part I of the Foreign Assistance Act of 1961, as amended, may be used to pay for the performance of involuntary sterilization as a method of family planning or to coerce or provide any financial incentive to any person to undergo sterilizations. None of the funds made available to carry out part I of the Foreign Assistance Act of 1961, as amended, may be used to pay for any biomedical research which relates in whole or in part, to methods of, or the performance of, abortions or involuntary sterilization as a means of family planning. None of 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 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 report accompanying this Act: Provided, (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 below the amounts specifically designated in the respective tables included in the report accompanying this Act: Provided, Provided further, (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) amounts designated for International Military Education and Training (B) funds for which the initial period of availability has expired; and (C) 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 report accompanying this Act shall not apply to the table included under the heading Global Health Programs (3) With respect to the amounts designated for Global Programs Economic Support Fund 5 percent from 10 percent below (e) Reports The Secretary of State, USAID Administrator, and other designated officials, as appropriate, shall submit the reports required, in the manner described, in the report accompanying this Act. (f) Clarification Funds appropriated by this Act under the headings International Disaster Assistance Migration and Refugee Assistance MULTI-YEAR PLEDGES 7020. None of the funds appropriated or otherwise made available by this Act may be used to make any pledge for future year funding for any multilateral or bilateral program funded in titles III through VI of this Act unless such pledge 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 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, Provided further, (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) Report Whenever the President makes a determination pursuant to paragraph (2), the President shall submit to the Committees on Appropriations a report with respect to the furnishing of such assistance, including a detailed explanation of the assistance to be provided, the estimated dollar amount of such assistance, and an explanation of how the assistance furthers the United States national interest. (b) Bilateral assistance (1) Limitations Funds appropriated for bilateral assistance in titles III through VI of this Act and funds appropriated under any such title in prior Acts making appropriations for the Department of State, foreign operations, and related programs, shall not be made available to any foreign government which the President determines— (A) grants sanctuary from prosecution to any individual or group which has committed an act of international terrorism; (B) otherwise supports international terrorism; or (C) is controlled by an organization designated as a terrorist organization under section 219 of the Immigration and Nationality Act ( 8 U.S.C. 1189 (2) 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, AUTHORIZATION REQUIREMENTS 7022. Funds appropriated by this Act, except funds appropriated under the heading Trade and Development Agency Public Law 91–672 22 U.S.C. 2412 22 U.S.C. 2680 22 U.S.C. 6212 50 U.S.C. 3094(a)(1) DEFINITION OF PROGRAM, PROJECT, AND ACTIVITY 7023. For the purpose of titles II through VI of this Act, program, project, and activity Economic Support Fund Assistance for Europe, Eurasia and Central Asia Foreign Military Financing Program program, project, and activity program, project, and activity (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 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, COMMERCE, TRADE AND SURPLUS COMMODITIES 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, Provided further, (1) activities in a country that is eligible for assistance from the International Development Association, is not eligible for assistance from the International Bank for Reconstruction and Development, and does not export on a consistent basis the agricultural commodity with respect to which assistance is furnished; or (2) activities in a country the President determines is recovering from widespread conflict, a humanitarian crisis, or a complex emergency. (b) Exports None of the funds appropriated by this or any other Act to carry out chapter 1 of part I of the Foreign Assistance Act of 1961 shall be available for any testing or breeding feasibility study, variety improvement or introduction, consultancy, publication, conference, or training in connection with the growth or production in a foreign country of an agricultural commodity for export which would compete with a similar commodity grown or produced in the United States: Provided, (1) activities designed to increase food security in developing countries where such activities will not have a significant impact on the export of agricultural commodities of the United States; (2) research activities intended primarily to benefit United States producers; (3) activities in a country that is eligible for assistance from the International Development Association, is not eligible for assistance from the International Bank for Reconstruction and Development, and does not export on a consistent basis the agricultural commodity with respect to which assistance is furnished; or (4) activities in a country the President determines is recovering from widespread conflict, a humanitarian crisis, or a complex emergency. (c) International financial institutions The Secretary of the Treasury shall instruct the United States executive director of each international financial institution to use the voice and vote of the United States to oppose any assistance by such institution, using funds appropriated or otherwise made available by this Act, for the production or extraction of any commodity or mineral for export, if it is in surplus on world markets and if the assistance will cause substantial injury to United States producers of the same, similar, or competing commodity. SEPARATE ACCOUNTS 7026. (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) Separate accounts for cash transfers (1) In general If assistance is made available to the government of a foreign country, under chapter 1 or 10 of part I or chapter 4 of part II of the Foreign Assistance Act of 1961, as cash transfer assistance or as nonproject sector assistance, that country shall be required to maintain such funds in a separate account and not commingle with any other funds. (2) Applicability of other provisions of law Such funds may be obligated and expended notwithstanding provisions of law which are inconsistent with the nature of this assistance, including provisions which are referenced in the Joint Explanatory Statement of the Committee of Conference accompanying House Joint Resolution 648 (House Report No. 98–1159). (3) 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 7027. (a) Assistance through nongovernmental organizations Restrictions contained in this or any other Act with respect to assistance for a country shall not be construed to restrict assistance in support of programs of nongovernmental organizations from funds appropriated by this Act to carry out the provisions of chapters 1, 10, 11, and 12 of part I and chapter 4 of part II of the Foreign Assistance Act of 1961 and from funds appropriated under the heading Assistance for Europe, Eurasia and Central Asia Provided, Provided further, (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, (c) Exception This section shall not apply— (1) with respect to section 620A of the Foreign Assistance Act of 1961 or any comparable provision of law prohibiting assistance to countries that support international terrorism; or (2) with respect to section 116 of the Foreign Assistance Act of 1961 or any comparable provision of law prohibiting assistance to the government of a country that violates internationally recognized human rights. DISABILITY PROGRAMS 7028. (a) Assistance Funds appropriated by this Act under the heading Development Assistance Provided, (b) Management, oversight, and technical support Of the funds made available pursuant to this section, 5 percent may be used by USAID for management, oversight, and technical support. INTERNATIONAL FINANCIAL INSTITUTIONS 7029. (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 any social or environmental safeguard relevant to such loan, grant, policy, or strategy that provides less protection than World Bank safeguards in effect on September 30, 2015. (2) Accountability, standards, and best practices The Secretary of the Treasury shall instruct the United States executive director of each international financial institution to use the voice and vote of the United States to oppose loans or other financing for projects unless such projects— (A) provide for accountability and transparency, including the collection, verification, and publication of beneficial ownership information related to extractive industries and on-site monitoring during the life of the project; (B) will be developed and carried out in accordance with best practices regarding environmental conservation, cultural protection, and empowerment of local populations, including free, prior and informed consent of affected Indigenous communities; (C) 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 the report accompanying this Act. (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. (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 and vote 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) 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 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. ECONOMIC RESILIENCE INITIATIVE 7030. (a) Assistance Of the funds appropriated by this Act under the heading Economic Support Fund Provided, Treasury International Assistance Programs Provided further, Provided further, (1) not less than $75,000,000 for a Strategic Infrastructure Investment Fund, to be administered by the Secretary of State, in consultation with the heads of other relevant Federal agencies: Provided, Program Account Corporate Capital Account Trade and Development Agency Provided further, (2) not less than $75,000,000 to enhance critical mineral supply chain security; (3) not less than $63,000,000 for programs administered by the USAID Administrator to bolster economic resilience, consistent with the strategy required in subsection (f); and (4) not less than $50,000,000 for digital connectivity, cybersecurity, and related technology programs, including through the Digital Connectivity and Cybersecurity Partnership, to— (A) advance the adoption of secure, next-generation communications networks and services, including 5G, and cybersecurity policies, in countries receiving assistance under this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs: Provided, (B) counter the establishment of insecure communications networks and services, including 5G, promoted by the People’s Republic of China and other state-backed enterprises that are subject to undue or extrajudicial control by their country of origin; and (C) provide policy and technical training on deploying open, interoperable, reliable, and secure networks to information communication technology professionals in countries receiving assistance under this Act, as appropriate: Provided further, Economic Support Fund (b) Loan guarantees Funds appropriated under the headings Economic Support Fund Assistance for Europe, Eurasia and Central Asia Provided, Provided further, (c) CHIPS for america international technology security and innovation fund (1) 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 CHIPS for America International Technology Security and Innovation Fund Provided, (2) 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, (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) 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) 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 (6) Notwithstanding any other provision of law, none of the funds made available by this Act for the Creating Helpful Incentives to Produce Semiconductors (CHIPS) for America International Technology Security and Innovation Fund may be expended in grants or contracts to private entities that are planning to expand their production of semiconductor chips in the People's Republic of China or enter into joint ventures with private entities subject to the jurisdiction to the Chinese Communist Party and the government of the People's Republic of China for the purposes of expanding semiconductor chip production outside of the People's Republic of China. (d) Economic analysis Of the funds made available by this Act under the heading Diplomatic Programs Provided, (e) Trilateral programs Funds made available pursuant to subsection (a) shall be made available to the Department of State and USAID for trilateral programs with partner countries, including Japan and South Korea, to further the objectives of this section. (f) Strategy Not later than 90 days after the date of enactment of this Act, the Secretary of State, Secretary of the Treasury, and USAID Administrator, in consultation with the heads of other relevant Federal agencies and following consultation with the Committees on Appropriations, 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, and other Acts, consistent with the purposes of this section, including through cooperation with the private sector. FINANCIAL MANAGEMENT, BUDGET TRANSPARENCY, AND ANTI-CORRUPTION 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 (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, Provided further, (3) 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) 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. (b) 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 Public Law 113–76 (2) 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 no significant progress Fiscal Transparency Report Provided, (3) Assistance Not less than $7,000,000 of the funds appropriated by this Act under the heading Economic Support Fund (c) 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) 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, (3) Waiver The Secretary may waive the application of paragraph (1) if the Secretary determines that the waiver would serve a compelling national interest or that the circumstances which caused the individual to be ineligible have changed sufficiently. (4) 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 (2) Public disclosure and independent audits (A) The Secretary of the Treasury shall instruct the executive director of each international financial institution to use the voice and vote of the United States to oppose any assistance by such institutions (including any loan, credit, grant, or guarantee) to any country for the extraction and export of a natural resource if the government of such country has in place laws, regulations, or procedures to prevent or limit the public disclosure of company payments as required by United States law, and unless such government has adopted laws, regulations, or procedures in the sector in which assistance is being considered that: (1) accurately account for and publicly disclose payments to the government by companies involved in the extraction and export of natural resources; (2) include independent auditing of accounts receiving such payments and the public disclosure of such audits; and (3) require public disclosure of agreement and bidding documents, as appropriate. (B) The requirements of subparagraph (A) shall not apply to assistance for the purpose of building the capacity of such government to meet the requirements of such subparagraph. DEMOCRACY PROGRAMS 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 International Narcotics Control and Law Enforcement (2) Programs Of the funds made available for democracy programs under the headings Economic Support Fund Assistance for Europe, Eurasia and Central Asia (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 (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 (c) Definition of democracy programs For purposes of funds appropriated by this Act, the term democracy programs (d) Strategy Not later than 180 days after the date of enactment of this Act, the President shall submit to the appropriate congressional committees a comprehensive five year strategy for the promotion of democracy abroad, consistent with the definition of democracy programs in subsection (c), to include protection of civil society activists and journalists and the strengthening of independent media: Provided, Provided further, (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 be subject to prior approval by the government of any foreign country. (2) Disclosure of implementing partner information If the 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) Digital security and countering disinformation Funds appropriated by this Act shall be made available to advance digital security and counter disinformation as described under this section in the report accompanying this Act. (h) Informing the national endowment for democracy The Assistant Secretary for Democracy, Human Rights, and Labor, Department of State, and the Assistant Administrator for Development, Democracy, and Innovation, USAID, shall regularly inform the NED of democracy programs that are planned and supported with funds made available by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs. (i) Protection of civil society activists and journalists Of the funds appropriated by this Act under the headings Economic Support Fund Democracy Fund (j) International freedom of expression and independent media Of the funds appropriated by this Act under the heading Economic Support Fund INTERNATIONAL RELIGIOUS FREEDOM 7033. (a) International religious freedom office Funds appropriated by this Act under the heading Diplomatic Programs (b) Assistance Funds appropriated by this Act under the headings Economic Support Fund Democracy Fund International Broadcasting Operations International Disaster Assistance Migration and Refugee Assistance Provided, Economic Support Fund Democracy Fund (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 (d) 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 SPECIAL PROVISIONS 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 Provided, (2) Of the funds appropriated by this Act under the heading International Narcotics Control and Law Enforcement (c) World food programme Unobligated balances from funds managed by the Bureau for Humanitarian Assistance, United States Agency for International Development, which are made available from this or any other Act, may be made available as a general contribution to the World Food Programme, notwithstanding any other provision of law. (d) Directives and authorities (1) Research and training Funds appropriated by this Act under the heading Assistance for Europe, Eurasia and Central Asia 22 U.S.C. 4501 et seq. (2) 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 Assistance for Europe, Eurasia and Central Asia (3) Private sector partnerships Of the funds appropriated by this Act under the headings Development Assistance Economic Support Fund Provided, (4) Additional authority Of the amounts made available by this Act under the heading Diplomatic Programs 22 U.S.C. 2656d (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 (6) Development innovation ventures Funds appropriated by this Act under the heading Development Assistance (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. 5 U.S.C. 551 et seq. Provided, Provided further, (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 Operating Expenses 22 U.S.C. 2680b(i)(2) Provided, (9) Afghan allies Section 602(b)(3)(F) of the Afghan Allies Protection Act of 2009 ( 8 U.S.C. 1101 (A) in the heading, by striking 2023 2029 (B) in the matter preceding clause (i), in the first sentence, by striking 38,500 58,500 (C) in clauses (i) and (ii), by striking December 31, 2024 December 31, 2029 (D) in paragraph (13), in the matter preceding subparagraph (A), by striking January 31, 2025 January 31, 2030 (e) 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, (f) Contingencies During fiscal year 2024, the President may use up to $145,000,000 under the authority of section 451 of the Foreign Assistance Act of 1961, notwithstanding any other provision of law. (g) 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, (h) Transfer of funds for extraordinary protection The Secretary of State may transfer to, and merge with, funds under the heading Protection of Foreign Missions and Officials Diplomatic Programs Provided, (i) Protections and remedies for employees of diplomatic missions and international organizations 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 (j) Personnel Funds appropriated under the headings Diplomatic Programs Migration and Refugee Assistance 22 U.S.C. 2669(c) 22 U.S.C. 2396(a)(3) 22 U.S.C. 2605(a)(6) Provided, Migration and Refugee Assistance (k) 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 (l) Extension of authorities (1) Incentives for critical posts The authority contained in section 1115(d) of the Supplemental Appropriations Act, 2009 ( Public Law 111–32 (2) Categorical eligibility The Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990 ( Public Law 101–167 (A) in section 599D ( 8 U.S.C. 1157 (i) in subsection (b)(3), by striking and 2023 2023, and 2024 (ii) in subsection (e), by striking 2023 2024 (B) in section 599E(b)(2) ( 8 U.S.C. 1255 2023 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) 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 (5) Protective services (A) Section 7071 of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2022 (division K of Public Law 117–103 $40,000,000 $30,000,000 (B) Funds appropriated by this Act under the heading Diplomatic Programs Provided, (m) 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 Migration and Refugee Assistance Provided, Provided further, (A) 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) 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, Provided further, (n) 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 Provided, Public Law 108–447 Provided further, (o) Back-Up care Of the funds appropriated or otherwise made available under the headings Diplomatic Programs Operating Expenses (p) Local works (1) Funding Of the funds appropriated by this Act under the headings Development Assistance Economic Support Fund Public Law 113–235 (2) 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 113–235 eligible entities Provided, (q) 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 (r) Section 889 For the purposes of obligations and expenditures made with funds appropriated by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs, the waiver authority in section 889(d)(2) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 Provided, Provided further, (s) Staff care services for afghan nationals 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: Provided, (t) Diplomatic facilities Section 305 of Public Law 100–459 (u) Definitions (1) Appropriate congressional committees Unless otherwise defined in this Act, for purposes of this Act the term appropriate congressional committees (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 (3) International financial institutions In this Act international financial institutions (4) Pacific islands countries In this Act, the term Pacific Islands countries (5) Spend plan In this Act, the term spend plan (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) USAID In this Act, the term USAID LAW ENFORCEMENT AND SECURITY 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 Foreign Military Financing Program (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 Foreign Military Financing Program Provided, Provided further, (3) Training related to international humanitarian law The Secretary of State shall offer training related to the requirements of international humanitarian law as a component of any package of lethal assistance funded by this Act with funds appropriated under the headings Peacekeeping Operations Foreign Military Financing Program Provided, Provided further, (4) International prison conditions Funds appropriated by this Act under the headings Development Assistance Economic Support Fund International Narcotics Control and Law Enforcement Provided, Provided further, (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 7034(d) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2015 (division J of Public Law 113–235 (3) Commercial leasing of defense articles Notwithstanding any other provision of law, and subject to the regular notification procedures of the Committees on Appropriations, the authority of section 23(a) of the Arms Export Control Act ( 22 U.S.C. 2763 (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) Provided, (5) 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 Provided, (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. (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) 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, (4) Oversight and accountability (A) Prior to the signing of a new Letter of Offer and Acceptance (LOA) involving funds appropriated under the heading Foreign Military Financing Program 22 U.S.C. 2754 (B) 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) 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 Foreign Military Financing Program (2) Annual foreign military training report For the purposes of implementing section 656 of the Foreign Assistance Act of 1961, the term military training provided to foreign military personnel by the Department of Defense and the Department of State 22 U.S.C. 2321k(b) Provided, (3) Leahy law For purposes of implementing section 620M of the Foreign Assistance Act of 1961, the term credible information COUNTERING THE FLOW OF FENTANYL AND OTHER SYNTHETIC DRUGS 7036. (a) Assistance Of the funds appropriated by this Act under the headings Economic Support Fund International Narcotics Control and Law Enforcement Provided, (b) Uses of funds Funds made available pursuant to subsection (a) shall be made available to support— (1) efforts to stop the flow of fentanyl, fentanyl precursors, and other synthetic drugs and their precursor materials from the People’s Republic of China (PRC) to the United States, including through other countries and across the United States-Mexico border; (2) 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; (3) 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; and (4) 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 (c) Counter fentanyl coordinator The Secretary of State shall designate an existing senior official of the Department of State at the rank of Deputy Assistant Secretary or above as the Counter Fentanyl Coordinator, 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) Report The Coordinator established pursuant to subsection (c) shall, in consultation with the heads of other relevant Federal agencies and not later than 45 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, PALESTINIAN STATEHOOD 7037. (a) Limitation on assistance None of the funds appropriated under titles III through VI of this Act may be provided to support a Palestinian state unless the Secretary of State determines and certifies to the appropriate congressional committees that— (1) the governing entity of a new Palestinian state— (A) has demonstrated a firm commitment to peaceful co-existence with the State of Israel; and (B) is taking appropriate measures to counter terrorism and terrorist financing in the West Bank and Gaza, including the dismantling of terrorist infrastructures, and is cooperating with appropriate Israeli and other appropriate security organizations; and (2) the Palestinian Authority (or the governing entity of a new Palestinian state) is working with other countries in the region to vigorously pursue efforts to establish a just, lasting, and comprehensive peace in the Middle East that will enable Israel and an independent Palestinian state to exist within the context of full and normal relationships, which should include— (A) termination of all claims or states of belligerency; (B) respect for and acknowledgment of the sovereignty, territorial integrity, and political independence of every state in the area through measures including the establishment of demilitarized zones; (C) their right to live in peace within secure and recognized boundaries free from threats or acts of force; (D) freedom of navigation through international waterways in the area; and (E) a framework for achieving a just settlement of the refugee problem. (b) Sense of congress It is the sense of Congress that the governing entity should enact a constitution assuring the rule of law, an independent judiciary, and respect for human rights for its citizens, and should enact other laws and regulations assuring transparent and accountable governance. (c) 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 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 7039. (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 (b) Vetting Prior to the obligation of funds appropriated by this Act under the heading Economic Support Fund Provided, (c) Prohibition (1) Recognition of acts of terrorism None of the funds appropriated under titles III through VI of this Act for assistance under the West Bank and Gaza Program may be made available for— (A) the purpose of recognizing or otherwise honoring individuals who commit, or have committed acts of terrorism; and (B) 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) 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 $1,300,000 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, (e) Comptroller general of the united states audit Subsequent 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 (1) the extent to which such Program complies with the requirements of subsections (b) and (c); and (2) an examination of all programs, projects, and activities carried out under such Program, including both obligations and expenditures. (f) Notification procedures Funds made available in this Act for West Bank and Gaza shall be subject to the regular notification procedures of the Committees on Appropriations. LIMITATION ON ASSISTANCE FOR THE PALESTINIAN AUTHORITY 7040. (a) Prohibition of funds None of the funds appropriated by this Act to carry out the provisions of chapter 4 of part II of the Foreign Assistance Act of 1961 may be obligated or expended with respect to providing funds to the Palestinian Authority. (b) 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, (e) 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) 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 (4) 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 (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 7041. (a) Egypt (1) 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. (2) Economic support fund Of the funds appropriated by this Act under the heading Economic Support Fund Provided, (3) Foreign military financing program (A) Certification Of the funds appropriated by this Act under the heading Foreign Military Financing Program Provided, Provided further, (i) strengthen the rule of law, democratic institutions, and human rights in Egypt, including to protect religious minorities and the rights of women, which are in addition to steps taken during the previous calendar year for such purposes; (ii) implement reforms that protect freedoms of expression, association, and peaceful assembly, including the ability of civil society organizations, human rights defenders, and the media to function without interference; (iii) hold Egyptian security forces accountable, including officers credibly alleged to have violated human rights; (iv) investigate and prosecute cases of extrajudicial killings and forced disappearances; (v) provide regular access for United States officials to monitor such assistance in areas where the assistance is used; and (vi) provide American citizens with fair and commensurate compensation for injuries and losses caused by the Egyptian military. (B) Waiver The Secretary of State may waive the certification requirement in subparagraph (A) 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, and submits a report to such Committees containing a detailed justification for the use of such waiver and the reasons why any of the requirements of subparagraph (A) cannot be met: Provided, (C) In addition to the funds withheld pursuant to subparagraph (A), $100,000,000 of the funds made available pursuant to this paragraph shall be withheld from obligation until the Secretary of State determines and reports to the Committees on Appropriations that the Government of Egypt is making clear and consistent progress in reducing the number of political prisoners, providing detainees with due process of law, and preventing the intimidation and harassment of American citizens. (b) Iran (1) Funding Funds appropriated by this Act under the headings Diplomatic Programs Economic Support Fund Nonproliferation, Anti-terrorism, Demining and Related Programs (2) 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— (A) the status of United States bilateral sanctions on Iran; (B) the reimposition and renewed enforcement of secondary sanctions; and (C) the impact such sanctions have had on Iran’s destabilizing activities throughout the Middle East. (c) Iraq Funds appropriated under titles III and IV of this Act shall be made available for assistance for Iraq for— (1) bilateral economic assistance and international security assistance, including in the Kurdistan Region of Iraq; (2) stabilization assistance, including in Anbar Province; (3) programs to support government transparency and accountability, support judicial independence, protect the right of due process, end the use of torture, and combat corruption; (4) humanitarian assistance, including in the Kurdistan Region of Iraq; (5) programs to protect and assist religious and ethnic minority populations; and (6) programs to increase United States private sector investment. (d) Israel Of the funds appropriated by this Act under the heading Foreign Military Financing Program Provided, (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) Lebanon (1) Assistance Funds appropriated under titles III and IV of this Act shall be made available for assistance for Lebanon: Provided, Economic Support Fund Public Law 107–228 22 U.S.C. 2346 (2) Security assistance (A) Funds appropriated by this Act under the headings International Narcotics Control and Law Enforcement Foreign Military Financing Program (B) Funds appropriated by this Act under the heading Foreign Military Financing Program (i) professionalize the LAF to mitigate internal and external threats from non-state actors, including Hizballah; (ii) strengthen border security 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, Provided further, (3) Limitation None of the funds appropriated by this Act may be made available for the ISF or the 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 (g) Libya Of the funds appropriated under titles III and IV of this Act, not less than $32,000,000 shall be made available for stabilization assistance for Libya, including support for a United Nations-facilitated political process and border security: Provided, Public Law 113–76 Provided further, 22 U.S.C. 9808 (h) Morocco Funds appropriated under titles III and IV of this Act shall be made available for assistance for Morocco. (i) Saudi arabia (1) Prohibition None of the funds appropriated by this Act under the heading International Military Education and Training (2) Export-import bank 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 (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. (j) 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) 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 (B) 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) should not be used in areas of Syria controlled by a government led by Bashar al-Assad or associated forces. (3) U.S. 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) Consultation and notification 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. (k) Tunisia (1) Assistance Funds appropriated under titles III and IV of this Act shall be made available for assistance for Tunisia for programs to improve economic growth and opportunity, support democratic governance and civil society, protect due process of law, and maintain regional stability and security, following consultation with the Committees on Appropriations. (2) Report Not later than 90 days after the date of enactment of this Act, the Secretary of State shall submit a report to the Committees on Appropriations on the extent to which— (A) the Government of Tunisia is implementing economic reforms, countering corruption, and taking credible steps to restore constitutional order and democratic governance, including respecting freedoms of expression, association, and the press, and the rights of members of political parties, that are in addition to steps taken in the preceding fiscal year; (B) the Government of Tunisia is maintaining the independence of the judiciary, inappropriately utilizing military courts, and holding security forces who commit human rights abuses accountable; and (C) the Tunisian military has remained an apolitical and professional institution. (l) West bank and gaza (1) Assistance Funds appropriated by this Act under the heading Economic Support Fund (2) Report on assistance Prior to the initial obligation of funds made available by this Act under the heading Economic Support Fund (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. (3) Limitations (A) (i) None of the funds appropriated under the heading Economic Support Fund (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) 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) The President may waive the provisions of section 1003 of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 ( Public Law 100–204 (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) 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 Provided, Public Law 100–204 (iii) 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. (4) Application of taylor force act Funds appropriated by this Act under the heading Economic Support Fund Public Law 115–141 (5) Security report The reporting requirements in section 1404 of the Supplemental Appropriations Act, 2008 ( Public Law 110–252 (6) Incitement report Not later than 90 days after the date of enactment of this Act, the Secretary of State shall submit a report to the appropriate congressional committees detailing steps taken by the Palestinian Authority and the Government of Israel to counter incitement of violence and to promote peace and coexistence between Israelis and Palestinians. AFRICA 7042. (a) African great lakes region assistance restriction Funds appropriated by this Act under the heading International Military Education and Training (b) 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. (c) 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, Provided further, Peacekeeping Operations International Military Education and Training (d) Ethiopia Funds appropriated by this Act that are made available for assistance for Ethiopia should be used to support— (1) political dialogue; (2) civil society and the protection of human rights; (3) investigations and prosecutions of gross violations of human rights; and (4) the provision and monitoring of humanitarian assistance and the restoration of basic services in areas impacted by conflict, consistent with the requirements under this heading in the report accompanying this Act. (e) 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: Provided, (f) 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) 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 program, project, or activity in Sudan shall be subject to prior consultation with the appropriate congressional committees. (g) Zimbabwe (1) Instruction The Secretary of the Treasury shall instruct the United States executive director of each international financial institution to vote against any extension by the respective institution of any loan or grant to the Government of Zimbabwe, except to meet basic human needs or to promote democracy, unless the Secretary of State certifies and reports to the Committees on Appropriations that the rule of law has been restored, including respect for ownership and title to property, and freedoms of expression, association, and assembly. (2) Limitation None of the funds appropriated by this Act shall be made available for assistance for the central Government of Zimbabwe, except for health and education, unless the Secretary of State certifies and reports as required in paragraph (1). EAST ASIA AND THE PACIFIC 7043. (a) Burma (1) Uses of funds Of the funds appropriated by this Act under the heading Economic Support Fund Public Law 117–263 Public Law 117–328 Provided, Public Law 117–328 Provided further, non-lethal assistance (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) Deserter programs Pursuant to section 7043(a)(1)(A) of division K of Public Law 117–328 (3) Justice and accountability Of the funds appropriated by this Act under the heading Economic Support Fund Provided, Provided further, (4) Consultation Any new program or activity in Burma initiated during fiscal year 2024 shall be subject to prior consultation with the appropriate congressional committees. (b) Cambodia (1) Certification None of the funds appropriated by this Act that are made available for assistance for the Government of Cambodia may be made available unless the Secretary of State submits, no earlier than the submission of the report required by section 653(a) of the Foreign Assistance Act of 1961, the certification required under this heading in the report accompanying this Act: Provided, (2) Prohibition of entry Section 7031(c) of this Act shall be applied to officials of the Government of Cambodia about whom the Secretary of State has credible information have been involved in the unlawful and wrongful detention of United States citizen Theary Seng. (c) Indo-Pacific strategy (1) Assistance Of the funds appropriated under titles III and IV of this Act, not less than $1,900,000,000 shall be made available to support implementation of the Indo-Pacific Strategy. (2) 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 Foreign Military Financing Program Provided, Provided further Provided further, Provided further, Foreign Military Financing Program Provided further, International Narcotics Control and Law Enforcement Nonproliferation, Anti-terrorism, Demining and Related Programs Foreign Military Financing Program Provided further, (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; and (B) the use of technology, including biotechnology, digital, telecommunications, and cyber, developed by the People’s Republic of China unless the Secretary of State, in consultation with the 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 Financing Program (FMF) and Foreign Military Sales (FMS) program, including implementation of FMS 2023 by the Department of State: Provided, Provided further, (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) 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, (e) North korea (1) 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, Public Law 114–122 22 U.S.C. 9229 Provided further, (2) Broadcasts Funds appropriated by this Act under the heading International Broadcasting Operations (3) Human rights Funds appropriated by this Act under the headings Economic Support Fund Democracy Fund Provided, (4) Limitation on use of funds None of the funds made available by this Act under the heading Economic Support Fund (f) Pacific islands countries (1) Operations Funds appropriated by this Act under the headings Diplomatic Programs Operating Expenses Provided, Provided further, (A) diplomatic and development platform in the Pacific region; and (B) Department of State air wing to facilitate travel, supply, emergency evacuation, and other support necessary for personnel, including Peace Corps volunteers, stationed in PICs. (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 Foreign Military Financing Program Provided, Provided further, Provided further, Provided further, (g) People's republic of china (1) Limitation on use of funds None of the funds appropriated under the heading Diplomatic Programs (2) People's liberation army The terms and requirements of section 620(h) of the Foreign Assistance Act of 1961 shall apply to foreign assistance projects or activities of the People's Liberation Army (PLA) of the PRC, to include such projects or activities by any entity that is owned or controlled by, or an affiliate of, the PLA: Provided, (3) Hong kong (A) Of the funds appropriated by this Act under the heading Economic Support Fund Democracy Fund Provided, Educational and Cultural Exchange Programs (B) Funds appropriated by this Act under the heading Embassy Security, Construction, and Maintenance (C) None of the funds made available pursuant to this paragraph should be obligated for the Government of the People’s Republic of China, the Chinese Communist Party, or an entity acting on their behalf in Hong Kong. (4) Office of china coordination Of the funds appropriated by this Act under the heading Diplomatic Programs Provided, (h) Philippines Funds appropriated by this Act that are made available for assistance for the Philippines shall be made available at not less than the amount requested in the President’s budget request for fiscal year 2024: Provided, (i) Taiwan (1) Global cooperation and training framework Of the funds appropriated by this Act under the heading Economic Support Fund (2) Foreign military financing (A) Of the funds appropriated by this Act under the heading Foreign Military Financing Program (B) 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 Provided, Provided further, Provided further, Provided further, (3) Fellowship program Funds appropriated by this Act under the heading Payment to the American Institute in Taiwan (4) 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, (j) Tibet (1) Financing of projects in tibet The Secretary of the Treasury should instruct the United States executive director of each international financial institution to use the voice and vote of the United States to support financing of projects in Tibet if such projects do not provide incentives for the migration and settlement of non-Tibetans into Tibet or facilitate the transfer of ownership of Tibetan land and natural resources to non-Tibetans, are based on a thorough needs-assessment, foster self-sufficiency of the Tibetan people and respect Tibetan culture and traditions, and are subject to effective monitoring. (2) Programs for tibetan communities (A) Notwithstanding any other provision of law, of the funds appropriated by this Act under the heading Economic Support Fund (B) Of the funds appropriated by this Act under the heading Economic Support Fund Provided, (C) Of the funds appropriated by this Act under the heading Economic Support Fund Provided, (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, (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 7044. (a) Afghanistan (1) Restriction None of the 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 Afghanistan may be made available for direct assistance to the Taliban. (2) Afghan special immigrant visas Funds appropriated or otherwise made available by this Act under the heading Administration for Foreign Affairs (3) 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 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, (4) Afghan women Of the funds appropriated by this Act under the heading Economic Support Fund Provided (5) 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) Nepal Funds appropriated by this Act under the heading Foreign Military Financing Program Provided, (c) Pakistan (1) Assistance (A) Security assistance Funds appropriated by this Act under the heading Foreign Military Financing Program (B) Bilateral economic assistance Prior to the obligation of funds made available by this Act under the heading Economic Support Fund (i) the amount of financing and other support, if any, provided by the Government of Pakistan to schools supported by, affiliated with, or run by the Taliban or any domestic or foreign terrorist organization in Pakistan; (ii) the extent of cooperation by such government in issuing visas in a timely manner for United States visitors, including officials and representatives of nongovernmental organizations, engaged in assistance and security programs in Pakistan; (iii) the extent to which such government is providing humanitarian organizations access to detainees, internally displaced persons, and other Pakistani civilians affected by conflict in Pakistan and the region; and (iv) the extent to which such government is strengthening democracy in Pakistan, including protecting freedom of expression, assembly, and religion. (2) Authority and uses of funds (A) Funds appropriated by this Act for assistance for Pakistan may be made available notwithstanding any other provision of law, except for section 620M of the Foreign Assistance Act of 1961. (B) Funds appropriated by this Act under the heading International Narcotics Control and Law Enforcement (C) Funds appropriated by title III of this Act shall be made available for programs to promote democracy and for gender programs in Pakistan. (3) 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. (d) 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) 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) 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) address the basic needs of the people of Sri Lanka and responsibly mitigate the impact of the country’s economic collapse, including by increasing transparency and accountability in governance; (C) 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; and (E) promote reconciliation between ethnic and religious groups, particularly arising from past conflict in Sri Lanka, including by— (i) addressing land confiscation and ownership issues; (ii) resolving cases of missing persons, including by maintaining a functioning and credible office of missing persons; (iii) reducing the presence of the armed forces in former conflict zones and restructuring the armed forces for a peacetime role that contributes to post-conflict reconciliation and regional security; (iv) repealing or amending laws on arrest and detention by security forces to comply with international standards; and (v) investigating allegations of arbitrary arrest and torture, and supporting a credible justice mechanism for resolving cases of war crimes: Provided, (3) Limitation None of the funds appropriated by this Act may be made available for assistance for the Sri Lankan armed forces, except for humanitarian assistance, disaster relief, instruction in human rights and related curricula development, maritime security and domain awareness, including professionalization and training for the navy and coast guard, and funds appropriated by this Act under the heading International Military Education and Training (4) Consultation Funds made available for assistance for Sri Lanka other than for the purposes specified in paragraph (1) shall be subject to prior consultation with the Committees on Appropriations. (e) Regional programs Funds appropriated by this Act shall be made available for assistance for countries in South and Central Asia to significantly increase the recruitment, training, and retention of women in the judiciary, police, and other security forces, and to train judicial and security personnel in such countries to prevent and address gender-based violence, human trafficking, and other practices that disproportionately harm women and girls. LATIN AMERICA AND THE CARIBBEAN 7045. (a) Central america (1) Assistance Funds appropriated by this Act under titles III and IV shall be made available for assistance for Belize, Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua, and Panama, including through the Central America Regional Security Initiative: Provided, (A) Of the funds made available pursuant to paragraph (1)— (i) $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; and (ii) $70,000,000 should be made available for programs to reduce violence against women and girls, including for Indigenous women and girls. (B) Within the funds made available pursuant to paragraph (1) and made available for assistance for El Salvador, Guatemala, and Honduras, up to $100,000,000 should be made available for programs that support locally-led development in such countries: Provided, Provided further, Provided further, (C) Funds made available pursuant to paragraph (1) 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) Of the funds made available pursuant to paragraph (1) under the heading Economic Support Fund (i) combating corruption and impunity, including investigating and prosecuting government officials, military personnel, and police officers credibly alleged to be corrupt; (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) improving border security and combating human smuggling and trafficking and countering the activities of criminal gangs, drug traffickers, and transnational criminal organizations; (viii) informing its citizens of the dangers of the journey to the southwest border of the United States; and (ix) implementing policies that improve the environment for foreign investment, 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) Reprogramming If the Secretary is unable to make the certification required by subparagraph (A) for one or more of the central governments, such assistance shall be reprogrammed for assistance for civil society organizations in such country, or for other countries in Latin America and the Caribbean, notwithstanding the funding provisions in this subsection and the limitations in section 7019 of this Act: Provided, (C) 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 related to combating 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; (iv) humanitarian assistance; and (v) food security programs. (D) Foreign military financing program None of the funds appropriated by this Act under the heading Foreign Military Financing Program (b) Colombia (1) Assistance Of the funds appropriated by this Act under titles III and IV, $487,375,000 should be made available for assistance for Colombia: Provided, Provided further, International Narcotics Control and Law Enforcement Provided further, (2) Withholding of funds (A) Counternarcotics Of the funds appropriated by this Act under the heading International Narcotics Control and Law Enforcement (i) the Government of Colombia is implementing an effective whole-of-government strategy to substantially and sustainably reduce coca cultivation and cocaine production levels in Colombia, including programs and activities that support illicit crop eradication, alternative development, drug interdiction, dismantling of drug trafficking and money laundering networks, rural security, environmental protection, judicial sector strengthening, and public health services; and (ii) such strategy is in accordance with the 2016 peace accord between the Government of Colombia and the Revolutionary Armed Forces of Colombia. (B) Human rights (i) Of the funds appropriated by this Act under the heading Foreign Military Financing Program (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 subclauses (I) through (IV). (ii) Of the funds appropriated by this Act under the heading International Narcotics Control and Law Enforcement (3) Pre-obligation requirement Prior to the obligation of funds made available by this Act for assistance for Colombia, the Secretary of State, in consultation with the USAID Administrator, shall submit to the Committees on Appropriations the report required under this heading in the report accompanying this Act. (4) Exceptions The limitations of paragraph (2) 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. (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 or compensation to demobilized combatants associated with a peace agreement between the Government of Colombia and illegal armed groups. (c) 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: Provided, Public Law 116–94 (2) Certification Funds appropriated by this Act that are made available for assistance for the central Government of Haiti, except for democracy programs, global health, disaster relief and recovery, and anti-gang and administration of justice programs, may only be made available if the Secretary of State certifies and reports to the appropriate congressional committees that a democratically elected government has taken office, or the country is being led by a transitional governing authority that is broadly representative of Haitian society, and it is in the national interest of the United States to provide such assistance. (3) Consultation Funds appropriated by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs that are made available for assistance for Haiti shall be subject to prior consultation with the Committees on Appropriations: Provided (4) Prohibition None of the funds appropriated or otherwise made available by this Act may be used for assistance for the armed forces of Haiti. (5) 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. (d) Mexico Prior to the initial obligation of funds made available by this Act under the heading International Narcotics Control and Law Enforcement (e) Nicaragua Of the funds appropriated by this Act under the heading Development Assistance (f) The caribbean Of the funds appropriated by this Act under titles III and IV, not less than $82,000,000 shall be made available for the Caribbean Basin Security Initiative. (g) Venezuela (1) Of the funds appropriated by this Act under the heading Economic Support Fund (2) Funds appropriated by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs under title III shall be made available for assistance for communities in countries supporting or otherwise impacted by refugees from Venezuela, including Colombia, Peru, Ecuador, Curacao, and Trinidad and Tobago: Provided, EUROPE AND EURASIA 7046. (a) 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, Provided further, (b) Section 907 of the FREEDOM support act Section 907 of the FREEDOM Support Act ( 22 U.S.C. 5812 (1) activities to support democracy or assistance under title V of the FREEDOM Support Act ( 22 U.S.C. 5851 et seq. 50 U.S.C. 2333 (2) any assistance provided by the Trade and Development Agency under section 661 of the Foreign Assistance Act of 1961; (3) any activity carried out by a member of the United States and Foreign Commercial Service while acting within his or her official capacity; (4) any insurance, reinsurance, guarantee, or other assistance provided by the United States International Development Finance Corporation as authorized by the BUILD Act of 2018 (division F of Public Law 115–254 (5) any financing provided under the Export-Import Bank Act of 1945 ( Public Law 79–173 (6) humanitarian assistance. (c) 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. Provided, (d) Casualty rehabilitation Of the funds appropriated under the heading Assistance for Europe, Eurasia and Central Asia Provided, Provided further, Provided further, COUNTERING RUSSIAN INFLUENCE AND AGGRESSION 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) Annexation of territory (1) Prohibition None of the funds appropriated by this Act may be made available for assistance for the central government of a country that the Secretary of State determines and reports to the Committees on Appropriations has taken affirmative steps intended to support or be supportive of the Russian Federation annexation of Crimea or other territory in Ukraine: Provided, (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) 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, Provided further, (2) Limitation None of the funds appropriated by this Act may be made available to support the Russian Federation occupation of the Georgian territories of Abkhazia and Tskhinvali Region/South Ossetia. (3) International financial institutions The Secretary of the Treasury shall instruct the United States executive director of each international financial institution to use the voice and vote of the United States to oppose any assistance by such institution (including any loan, credit, grant, or guarantee) for any program that violates the sovereignty and territorial integrity of Georgia. (d) Countering russian influence fund (1) Assistance Of the funds appropriated by this Act and prior Act 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 Foreign Military Financing Program Public Law 115–44 22 U.S.C. 9543 Provided, Foreign Military Financing Program (2) Economics and trade Funds appropriated by this Act and made available for assistance for the Eastern Partnership countries shall be made available to advance the implementation of Association Agreements and trade agreements with the European Union, and to reduce their vulnerability to external economic and political pressure from the Russian Federation. UNITED NATIONS AND OTHER INTERNATIONAL ORGANIZATIONS 7048. (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 International Organizations and Programs (1) 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) 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; and (E) results that eliminate the effects of proven retaliation, including provision for the restoration of prior employment; and (3) effectively implementing and enforcing policies and procedures on the appropriate use of travel funds, including restrictions on first-class and business-class travel. (b) 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) (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) (3) 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) United nations human rights council 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 Committees on Appropriations 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, Provided further, (d) United nations relief and works agency Funds appropriated by this Act should be made available for the United Nations Relief and Works Agency (UNRWA) unless the Secretary of State determines and reports to the Committees on Appropriations that UNRWA is not— (1) utilizing Operations Support Officers in the West Bank, Gaza, and other fields of operation to inspect UNRWA installations and reporting any inappropriate use; (2) acting promptly to address any staff or beneficiary violation of its own policies (including the policies on neutrality and impartiality of employees) and the legal requirements under section 301(c) of the Foreign Assistance Act of 1961; (3) implementing procedures to maintain the neutrality of its facilities, including implementing a no-weapons policy, and conducting regular inspections of its installations, to ensure they are only used for humanitarian or other appropriate purposes; (4) taking necessary and appropriate measures to ensure it is operating in compliance with the conditions of section 301(c) of the Foreign Assistance Act of 1961 and continuing regular reporting to the Department of State on actions it has taken to ensure conformance with such conditions; (5) taking steps to ensure the content of all educational materials currently taught in UNRWA-administered schools and summer camps is consistent with the values of human rights, dignity, and tolerance and does not induce incitement; (6) refraining from engaging in operations with financial institutions or related entities in violation of relevant United States law, and is taking steps to improve the financial transparency of the organization; and (7) in compliance with the United Nations Board of Auditors' biennial audit requirements and is implementing in a timely fashion the Board's recommendations. (e) Prohibition of payments to united nations members None of the funds appropriated or made available pursuant to titles III through VI of this Act for carrying out the Foreign Assistance Act of 1961, may be used to pay in whole or in part any assessments, arrearages, or dues of any member of the United Nations or, from funds appropriated by this Act to carry out chapter 1 of part I of the Foreign Assistance Act of 1961, the costs for participation of another country's delegation at international conferences held under the auspices of multilateral or international organizations. (f) Report 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, Provided further, (g) Sexual exploitation and abuse in peacekeeping operations The Secretary of State shall, to the maximum extent practicable, withhold assistance to any unit of the security forces of a foreign country if the Secretary has credible information that such unit has engaged in sexual exploitation or abuse, 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, Provided further, Provided further, (h) 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 22 U.S.C. 2227(a) Provided (i) Strengthening american presence at international organizations (1) Of the funds made available by this Act under the heading International Organizations and Programs (2) Of the funds made available by this Act under the heading Diplomatic Programs Public Law 117–263 INTERNATIONAL CRIMINAL JUSTICE 7049. (a) War Crimes Tribunals 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, Provided further, (b) Office of global criminal justice (1) Of the funds appropriated by this Act under the heading Diplomatic Programs (2) Of the funds appropriated by this Act under the headings Economic Support Fund International Narcotics Control and Law Enforcement Provided, Provided further, Provided further, (c) War crimes accountability Consistent with the purposes authorized by section 2015 of the American Servicemembers' Protection Act of 2002 ( 22 U.S.C. 7433 Public Law 117–328 (1) not less than $6,000,000 of the funds made available by this Act under the heading Economic Support Fund (2) not less than $5,000,000 of the funds made available by this Act under the heading Economic Support Fund (3) the President shall provide information to the International Criminal Court to assist with investigations and prosecutions of foreign nationals related to the Situation in Ukraine. (d) Central african republic Of the funds appropriated by this Act under the heading Economic Support Fund GLOBAL INTERNET FREEDOM 7050. (a) Funding Of the funds available for obligation during fiscal year 2024 under the headings International Broadcasting Operations Economic Support Fund Democracy Fund Assistance for Europe, Eurasia and Central Asia Public Law 117–263 Provided, Provided further, (b) Requirements Funds appropriated by this Act under the headings Economic Support Fund Democracy Fund Assistance for Europe, Eurasia and Central Asia (1) best practices regarding security for, and oversight of, Internet freedom programs; and (2) sufficient resources and support for the development and maintenance of anti-censorship technology and tools. (c) Coordination and spend plans Not later than 90 days after the date of enactment of this Act, the Secretary of State and the USAGM CEO, in consultation with the OTF President, 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, (d) Security audits Funds made available pursuant to this section to research, develop, enhance, or deploy technologies to promote Internet freedom globally may only be made available to support open-source technologies that undergo comprehensive security audits consistent with the requirements of the Bureau of Democracy, Human Rights, and Labor, Department of State to ensure that such technology is secure and has not been compromised in a manner detrimental to the interest of the United States or to individuals and organizations benefiting from programs supported by such funds: Provided, TORTURE AND OTHER CRUEL, INHUMAN, OR DEGRADING TREATMENT OR PUNISHMENT 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 and following consultation with the Committees on Appropriations, 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 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 Andean Counterdrug Programs (b) 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, (c) Aircraft coordination (1) 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, Provided further, Provided further, (2) 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 7053. 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 Provided, September 30, 2023 September 30, 2009 INTERNATIONAL MONETARY FUND 7054. (a) Extensions The terms and conditions of sections 7086(b)(1) and (2) and 7090(a) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2010 (division F of Public Law 111–117 (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 7055. (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 Nonproliferation, Anti-terrorism, Demining and Related Assistance (b) 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) 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 7056. (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 7057. (a) Contribution Of the funds made available under the heading International Organizations and Programs (b) 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 (c) Prohibition on use of funds in china None of the funds made available by this Act may be used by UNFPA for a country program in the People’s Republic of China. (d) Conditions on availability of funds Funds made available by this Act for UNFPA may not be made available unless— (1) UNFPA maintains funds made available by this Act in an account separate from other accounts of UNFPA and does not commingle such funds with other sums; and (2) UNFPA does not fund abortions. (e) Report to congress and dollar-for-Dollar withholding of funds (1) Not later than 4 months after the date of enactment of this Act, the Secretary of State shall submit a report to the Committees on Appropriations indicating the amount of funds that UNFPA is budgeting for the year in which the report is submitted for a country program in the People’s Republic of China. (2) If a report under paragraph (1) indicates that UNFPA plans to spend funds for a country program in the People’s Republic of China in the year covered by the report, then the amount of such funds UNFPA plans to spend in the People’s Republic of China shall be deducted from the funds made available to UNFPA after March 1 for obligation for the remainder of the fiscal year in which the report is submitted. GLOBAL HEALTH ACTIVITIES 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 22 U.S.C. 7601 et seq. Provided, (b) Pandemics and other infectious disease outbreaks (1) Global health security Funds appropriated by this Act under the heading Global Health Programs Provided, (2) Financial intermediary fund Funds appropriated by this Act under the heading Global Health Programs (3) 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 Millennium Challenge Corporation (4) Emergency reserve fund Up to $90,000,000 of the funds made available under the heading Global Health Programs Public Law 115–31 Provided, (5) 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) Global health workforce Of the funds made available by this Act under the heading Global Health Programs (d) 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 7059. (a) In general (1) Gender equality Funds appropriated by this Act shall be made available to promote gender equality 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. (2) Women’s economic empowerment Funds appropriated by this Act are available to implement the Women’s Entrepreneurship and Economic Empowerment Act of 2018 ( Public Law 115–428 Provided, (3) 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. (b) 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. (c) 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 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. (d) 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 International Narcotics Control and Law Enforcement SECTOR ALLOCATIONS 7060. (a) Basic education and higher education (1) Basic education (A) Of the funds appropriated under title III of this Act, not less than $640,555,000 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, Provided further, Public Law 115–56 the thirtieth day of June following 180 days after Provided further, (B) Of the funds appropriated under title III of this Act for assistance for basic education programs, $160,000,000 should 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 $231,566,000 shall be made available for assistance for higher education: Provided, Provided further, Provided further, Provided further, Public Law 116–260 (3) Scholar rescue programs Of the funds appropriated by this Act under the headings Development Assistance Economic Support Fund Assistance for Europe, Eurasia and Central Asia (b) Development programs Of the funds appropriated by this Act under the heading Development Assistance (c) Food security and agricultural development (1) Use of funds Of the funds appropriated by title III of this Act, not less than $1,110,600,000 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 Public Law 117–263 Provided, Public Law 110–246 Public Law 115–334 (2) Feed the future modernization Of the funds made available pursuant to this subsection— (A) not less than 50 percent shall be made available for the Feed the Future target countries; (B) not less than $50,000,000 above the prior fiscal year level shall be made available for research and development, including for the Vision for Adapted Crops and Soils program; and (C) not less than $50,000,000 shall be made available to support private sector investment in food security, including as catalytic capital. (3) Report Not later than 90 days after the date of enactment of this Act, the Secretary of State and USAID Administrator, in consultation with the heads of other relevant Federal agencies, shall jointly submit a report to the Committees on Appropriations detailing steps that will be taken to advance sustainability planning, including graduation metrics, for target countries. (d) Micro, small, and medium-Sized enterprises Of the funds appropriated by this Act, not less than $171,633,000 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. (e) 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 International Narcotics Control and Law Enforcement International Narcotics Control and Law Enforcement Provided, Development Assistance Economic Support Fund Assistance for Europe, Eurasia and Central Asia (f) Reconciliation programs Of the funds appropriated by this Act under the heading Development Assistance Provided, Provided further, Provided further, (g) Water and sanitation Of the funds appropriated by this Act, not less than $327,192,000 shall be made available for water supply and sanitation projects pursuant to section 136 of the Foreign Assistance Act of 1961: Provided, Public Law 113–289 Public Law 109–121 (h) Deviation 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 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, Provided further, Provided further, (i) 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 ENVIRONMENT PROGRAMS 7061. (a) 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 $400,000,000 shall be made available for biodiversity conservation programs. (2) Not less than $125,000,000 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) 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 $200,000,000 shall be made available for sustainable landscapes programs. (e) Of the funds appropriated under title III of this Act, not less than $285,000,000 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 $275,000,000 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 (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 $50,000,000 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, (i) Of the funds appropriated under title III of this Act, not less than $20,000,000 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, as described under this section in the report accompanying this Act. (j) 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 the report accompanying this Act. BUDGET DOCUMENTS 7062. (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, 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, and the Enduring Welcome Program Account established in title VII of this Act, shall submit to the Committees on Appropriations an operating plan for funds appropriated to such department, agency, or organization in such titles of this Act, or funds otherwise available for obligation in fiscal year 2024, that provides details of the uses of such funds at the program, project, and activity level: Provided, Provided further, (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 spend plans as described under this section in the report accompanying this Act. (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 Treasury International Assistance Programs (3) 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 (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, REORGANIZATION 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 funded by this Act without prior consultation by the head of such department, agency, or organization with the appropriate congressional committees: Provided, Provided further, Provided further, (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 MANAGEMENT 7064. (a) Working capital fund Funds appropriated by this Act or otherwise made available to the Department of State for payments to the Working Capital Fund that are made available for new service centers, shall be subject to the regular notification procedures of the Committees on Appropriations. (b) Certification (1) Compliance Not later than 45 days after the initial obligation of funds appropriated under titles III and IV of this Act that are made available to a Department of State bureau or office with responsibility for the management and oversight of such funds, the Secretary of State shall certify and report to the Committees on Appropriations, on an individual bureau or office basis, that such bureau or office is in compliance with Department and Federal financial and grants management policies, procedures, and regulations, as applicable. (2) Considerations When making a certification required by paragraph (1), the Secretary of State shall consider the capacity of a bureau or office to— (A) account for the obligated funds at the country and program level, as appropriate; (B) identify risks and develop mitigation and monitoring plans; (C) establish performance measures and indicators; (D) review activities and performance; and (E) assess final results and reconcile finances. (3) 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) Information technology platform None of the funds appropriated in title I of this Act under the heading Administration of Foreign Affairs UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT MANAGEMENT 7065. (a) Authority Up to $170,000,000 of the funds made available in title III of this Act pursuant to or to carry out the provisions of part I of the Foreign Assistance Act of 1961, including funds appropriated under the heading Assistance for Europe, Eurasia and Central Asia (b) Restriction The authority to hire individuals contained in subsection (a) shall expire on September 30, 2025. (c) 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, Operating Expenses (d) 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 (e) 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 (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. Provided, Provided further, Public Law 83–480 7 U.S.C. 1721 et seq. (g) 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 (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 Provided, Provided further, Provided further, (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 7066. (a) Prevention and stabilization fund Of the funds appropriated by this Act under the heading Economic Support Fund Public Law 116–94 Provided, Provided further, International Narcotics Control and Law Enforcement Nonproliferation, Anti-terrorism, Demining and Related Programs Peacekeeping Operations Foreign Military Financing Program Provided further, Provided further, Foreign Military Financing Program (b) Global community engagement and resilience fund 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 DEBT-FOR-DEVELOPMENT 7067. 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 7068. (a) Section 1(b)(1) of the Passport Act of June 4, 1920 ( 22 U.S.C. 214(b)(1) the costs of providing consular services such costs (b) Section 21009 of the Emergency Appropriations for Coronavirus Health Response and Agency Operations (division B of Public Law 116–136 2020 through 2024 2020 through 2023 (c) Discretionary amounts made available to the Department of State under the heading Administration of Foreign Affairs Provided, Provided further, (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) (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. USAID BUYING POWER MAINTENANCE ACCOUNT 7069. There is hereby established in the Treasury of the United States a USAID Buying Power Maintenance Account (the Account Provided, Operating Expenses Provided further, Provided further, Provided further, Provided further, ORGANIZATION OF AMERICAN STATES 7070. (a) 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: (1) implement budgetary reforms and efficiencies within the Organization; (2) eliminate arrears, increase other donor contributions, and impose penalties for successive late payment of assessments; (3) prevent programmatic and organizational redundancies and consolidate duplicative activities and functions; (4) prioritize areas in which the OAS has expertise, such as strengthening democracy, monitoring electoral processes, and protecting human rights; and (5) 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. (b) 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 subsection (a) that are in addition to actions taken during the preceding fiscal year, and the results of such actions. MULTILATERAL DEVELOPMENT BANKS 7071. The African Development Fund Act ( 22 U.S.C. 290g et seq. 227. 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. . ENDURING WELCOME PROGRAM ACCOUNT 7072. There is established an account in the Treasury to be known as the Enduring Welcome Program Account Provided, Provided further, Provided further, Public Law 117–180 Provided further, Emergency Refugee and Migration Assistance Provided further, INTERNATIONAL BOUNDARY AND WATER COMMISSION (INCLUDING TRANSFER OF FUNDS) 7073. 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, International Boundary and Water Commission, United States and Mexico RESCISSIONS (INCLUDING RESCISSIONS OF FUNDS) 7074. (a) Millennium challenge corporation Of the unobligated balances from amounts made available under the heading Millennium Challenge Corporation (b) Embassy security, construction, and maintenance Of the unobligated and unexpended balances from amounts made available under the heading Embassy Security, Construction, and Maintenance (c) International narcotics control and law enforcement Of the unobligated and unexpended balances from amounts made available under the heading International Narcotics Control and Law Enforcement (d) Consular and border security programs Of the unobligated balances available in the Consular and Border Security Programs (e) 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 (f) 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. AVAILABILITY OF FUNDS 7075. 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 only if the President subsequently so designates all such amounts and transmits such designations to the Congress. This Act may be cited as the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2024 July 20, 2023 Read twice and placed on the calendar

Department of State, Foreign Operations, and Related Programs Appropriations Act, 2024

Food for Thought Act of 2023 This bill allows the Department of Education to award grants for eligible institutions of higher education to provide free meals to low-income students through on-campus meal programs.

118 S2441 IS: Food for Thought Act of 2023 U.S. Senate 2023-07-20 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 2441 IN THE SENATE OF THE UNITED STATES July 20, 2023 Mr. Welch Mr. Luján Mr. Booker Mr. Fetterman Mr. Sanders Mr. Wyden Committee on Health, Education, Labor, and Pensions A BILL To amend the Higher Education Act of 1965 to authorize the Secretary of Education to make grants to institutions of higher education to provide free meals to low-income students through existing on-campus meal programs, and for other purposes. 1. Short title This Act may be cited as the Food for Thought Act of 2023 2. Free meals for low-income college students Part A of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. 8 Meals for low-Income students 420A. Free meals for low-income students (a) Authorization From amounts made available under subsection (j), the Secretary is authorized to award grants, on a competitive basis, to eligible entities to provide free meals to low-income students through on-campus meal programs. (b) Applications (1) In general An eligible entity desiring to receive an award under subsection (a) shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. Such application shall include— (A) a plan for identifying eligible students and conducting outreach; and (B) an assurance that the eligible entity will— (i) conduct outreach to students with respect to the grant program under this section, encourage student participation in such program, and inform students of— (I) their potential eligibility for participation in other Federal, State, and local benefit and support programs, including means-tested Federal benefits programs such as SNAP; and (II) the processes for obtaining more information, confirming eligibility, and accessing benefits under such programs; (ii) evaluate institutional policies relating to the purchase of on-campus meal plans and whether such policies create barriers to enrollment and persistence for low-income students; (iii) identify ways to mitigate any institutional policies that are found, through the evaluation described in clause (ii), to create barriers described in such clause; and (iv) in the case of an eligible entity that is a consortia of eligible institutions of higher education that includes eligible institutions that do not have on-campus meal programs, provide an explanation with respect to how the eligible entity will ensure that low-income students attending such institutions will be able to easily access free meals provided under this section. (2) Priority In awarding grants under this section, the Secretary shall give priority to— (A) an eligible entity that is an eligible institution of higher education that is— (i) a community college; (ii) a minority-serving institution described in section 371(a); or (iii) located in an area served by a local educational agency that is eligible for special assistance payments under section 11(a)(1) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1759a(a)(1) (B) an eligible entity that is a consortia of eligible institutions of higher education, in which at least 50 percent of such institutions meet at least 1 of the requirements under clauses (i) through (iii) of subparagraph (A). (c) Mandatory activities (1) In general An eligible entity that receives a grant under this section shall use such grant funds to provide, through on-campus meal programs, not fewer than 1, and not more than 10, free meals per week to each low-income student selected by such entity to participate in the program under this section. (2) Priority In selecting low-income students to participate in the program under this section, an eligible entity shall give priority to— (A) students with the greatest financial need; and (B) students who indicate that they are experiencing food insecurity, housing insecurity, homelessness, or other insecurity with respect to basic needs. (d) Permissible activities In addition to the mandatory activities in subsection (c), an eligible entity that receives a grant under this section may use not more than 10 percent of such grant funds to— (1) facilitate the enrollment of on-campus vendors as authorized retailers in SNAP; (2) support the operation of an on-campus food pantry; and (3) purchase food infrastructure equipment, including microwaves, refrigerators, and other such equipment determined by the Secretary to be necessary. (e) Administrative costs Not more than 5 percent of the grant funds provided to an eligible entity under this section for any fiscal year may be used for administrative purposes. (f) Grant period Grants awarded to eligible entities under this section shall be for a period of 5 years. (g) Campus meal program Eligible entities receiving grants under this section may contract with third-party food service vendors to provide on-campus meals. (h) Reports (1) Recipient reports (A) In general At the end of the 5-year grant period, an eligible entity that receives a grant under this section shall submit to the Secretary a report on— (i) how such entity used the grant funds, including the shares of such funds used for each of the activities described in subsections (c), (d)(1), and (d)(2); and (ii) the success rates of students who participated in the grant program under this section (using benchmarks such as persistence, coursework completion, transfer, and completion rates). (B) Disaggregation The information reported in subparagraph (A)(ii) shall be disaggregated, where possible, by— (i) race; (ii) ethnicity; (iii) Pell recipient status; (iv) income; (v) gender; and (vi) age. (2) Secretary report (A) In general Not later than 1 year after the Secretary receives the reports required under paragraph (1), the Secretary shall submit a report to Congress on the overall impact of the program under this section. (B) Disaggregation The information described in subparagraph (A) shall be disaggregated, where possible, by— (i) sectors and types of institutions; (ii) whether an institution is a minority-serving institution described in section 371(a); and (iii) whether an institution has an open admissions policy. (i) Sense of congress It is the sense of Congress that an eligible entity awarded a grant under this section should, to the extent practicable— (1) ensure meals served pursuant to a grant under this section are consistent with the nutritional requirements and goals of the most recent Dietary Guidelines for Americans published under section 301 of the National Nutrition Monitoring and Related Research Act of 1990 ( 7 U.S.C. 5341 (2) ensure access to vegetarian meals, vegan meals, culturally and religiously appropriate meals, and meals that accommodate common food allergies; (3) build and encourage the use of on-campus food pantries; (4) encourage on-campus vendors to increase the use of climate-friendly options; and (5) buy products to reduce the greenhouse gas emissions associated with providing free meals to students and purchasing food infrastructure equipment. (j) Authorization of appropriations There are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year 2023 and each of the 5 succeeding fiscal years. (k) Definitions In this section: (1) Community college The term community college (2) Eligible entity The term eligible entity (A) an eligible institution of higher education that has an on-campus meal program that is provided through an institutionally owned or operated food service or one or more third-party food service vendors; or (B) a consortia of eligible institutions of higher education, of which at least one has an on-campus meal program that is provided through an institutionally owned or operated food service or one or more third-party food service vendors, provided that such an eligible institution with an on-campus meal program is geographically accessible to the students of the eligible institutions that do not have on-campus meal programs. (3) Eligible institution of higher education The term eligible institution of higher education (4) Snap The term SNAP 7 U.S.C. 2012(t) .

Food for Thought Act of 2023

Energy and Water Development and Related Agencies Appropriations Act, 2024 This bill provides FY2024 appropriations for U.S. Army Corps of Engineers civil works projects, the Department of the Interior's Bureau of Reclamation, the Department of Energy (DOE), and several independent agencies. The bill provides appropriations for U.S. Army Corps of Engineers civil works projects, including for Investigations; Planning, Engineering, and Design; Construction; Mississippi River and Tributaries; Operation and Maintenance; the Regulatory Program; the Formerly Utilized Sites Remedial Action Program; Flood Control and Coastal Emergencies; Expenses; the Office of the Assistant Secretary of the Army for Civil Works; and the Water Infrastructure Finance and Innovation Program. The bill provides appropriations to the Department of the Interior for the Central Utah Project and the Bureau of Reclamation. The bill provides appropriations to DOE for energy programs, including Industrial Emissions and Technology Coordination; Energy Efficiency and Renewable Energy; Cybersecurity, Energy Security, and Emergency Response; Electricity; Grid Development; Nuclear Energy; Fossil Energy and Carbon Management; Energy Projects; Naval Petroleum and Oil Shale Reserves; the Strategic Petroleum Reserve; the Northeast Home Heating Oil Reserve; the Energy Information Administration; Non-Defense Environmental Cleanup; the Uranium Enrichment Decontamination and Decommissioning Fund; Science; Nuclear Waste Disposal; Technology Transitions; Clean Energy Demonstrations; the Advanced Research Projects Agency—Energy; the Title 17 Innovative Technology Loan Guarantee Program; the Advanced Technology Vehicles Manufacturing Loan Program; the Tribal Energy Loan Guarantee Program; Indian Energy Policy and Programs; Departmental Administration; and the Office of the Inspector General. The bill also provides appropriations to DOE for Atomic Energy Defense Activities of the National Nuclear Security Administration, Environmental and Other Defense Activities, and the Power Marketing Administrations. The bill provides appropriations to several independent agencies, including the Federal Energy Regulatory Commission and the Nuclear Regulatory Commission. The bill also sets forth requirements and restrictions for using funds provided by this and other appropriations acts.

118 S2443 RS: Energy and Water Development and Related Agencies Appropriations Act, 2024 U.S. Senate 2023-07-20 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II Calendar No. 145 118th CONGRESS 1st Session S. 2443 [Report No. 118–72] IN THE SENATE OF THE UNITED STATES July 20, 2023 Mrs. Feinstein Committee on Appropriations A BILL Making appropriations for energy and water development and related agencies for the fiscal year ending September 30, 2024, and for other purposes. That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for energy and water development and related agencies for the fiscal year ending September 30, 2024, and for other purposes, namely: I CORPS OF ENGINEERS—CIVIL DEPARTMENT OF THE ARMY Corps of Engineers—Civil The following appropriations shall be expended under the direction of the Secretary of the Army and the supervision of the Chief of Engineers for authorized civil functions of the Department of the Army pertaining to river and harbor, flood and storm damage reduction, shore protection, aquatic ecosystem restoration, and related efforts. INVESTIGATIONS For expenses necessary where authorized by law for the collection and study of basic information pertaining to river and harbor, flood and storm damage reduction, shore protection, aquatic ecosystem restoration, and related needs; for surveys and detailed studies, and plans and specifications of proposed river and harbor, flood and storm damage reduction, shore protection, and aquatic ecosystem restoration projects, and related efforts prior to construction; for restudy of authorized projects; and for miscellaneous investigations, and, when authorized by law, surveys and detailed studies, and plans and specifications of projects prior to construction, $93,272,000, to remain available until expended: Provided, Provided further, Provided further, PLANNING, ENGINEERING, AND DESIGN For expenses necessary for conducting surveys and detailed studies, and plans and specifications, prior to construction of river and harbor, flood and storm damage reduction, shore protection, aquatic ecosystem restoration, and related projects authorized by law (including those involving participation by States, local governments, or private groups) or made eligible for selection by law (but such detailed studies, and plans and specifications, shall not constitute a commitment of the Government to construction), $47,024,000, to remain available until expended: Provided, CONSTRUCTION For expenses necessary for the construction of river and harbor, flood and storm damage reduction, shore protection, aquatic ecosystem restoration, and related projects authorized by law; for conducting and completing detailed studies, and plans and specifications, of such projects (including those involving participation by States, local governments, or private groups) authorized or made eligible for selection by law (but such detailed studies, and plans and specifications, shall not constitute a commitment of the Government to construction); $2,029,345,000, to remain available until expended; of which $124,060,000, to be derived from the Harbor Maintenance Trust Fund, shall be to cover the Federal share of construction costs for facilities under the Dredged Material Disposal Facilities program; and of which such sums as are necessary to cover 35 percent of the costs of construction, replacement, rehabilitation, and expansion of inland waterways projects shall be derived from the Inland Waterways Trust Fund, except as otherwise specifically provided for in law: Provided, Provided further, Provided further, Provided further, MISSISSIPPI RIVER AND TRIBUTARIES For expenses necessary for flood damage reduction projects and related efforts in the Mississippi River alluvial valley below Cape Girardeau, Missouri, as authorized by law, $353,145,000, to remain available until expended, of which $16,057,000, to be derived from the Harbor Maintenance Trust Fund, shall be to cover the Federal share of eligible operation and maintenance costs for inland harbors: Provided, Provided further, Provided further, OPERATION AND MAINTENANCE For expenses necessary for the operation, maintenance, and care of existing river and harbor, flood and storm damage reduction, aquatic ecosystem restoration, and related projects authorized by law; providing security for infrastructure owned or operated by the Corps, including administrative buildings and laboratories; maintaining harbor channels provided by a State, municipality, or other public agency that serve essential navigation needs of general commerce, where authorized by law; surveying and charting northern and northwestern lakes and connecting waters; clearing and straightening channels; and removing obstructions to navigation, $5,531,905,000, to remain available until expended, of which $2,630,829,000, to be derived from the Harbor Maintenance Trust Fund, shall be to cover the Federal share of eligible operations and maintenance costs for coastal harbors and channels, and for inland harbors; of which such sums as become available from the special account for the Corps of Engineers established by the Land and Water Conservation Fund Act of 1965 shall be derived from that account for resource protection, research, interpretation, and maintenance activities related to resource protection in the areas at which outdoor recreation is available; of which such sums as become available from fees collected under section 217 of Public Law 104–303 33 U.S.C. 2238c Public Law 116–136 Provided, Provided further, Provided further, Provided further Provided further REGULATORY PROGRAM For expenses necessary for administration of laws pertaining to regulation of navigable waters and wetlands, $221,000,000, to remain available until September 30, 2025. FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM For expenses necessary to clean up contamination from sites in the United States resulting from work performed as part of the Nation's early atomic energy program, $400,000,000, to remain available until expended. FLOOD CONTROL AND COASTAL EMERGENCIES For expenses necessary to prepare for flood, hurricane, and other natural disasters and support emergency operations, repairs, and other activities in response to such disasters as authorized by law, $35,000,000, to remain available until expended. EXPENSES For expenses necessary for the supervision and general administration of the civil works program in the headquarters of the Corps of Engineers and the offices of the Division Engineers; and for costs of management and operation of the Humphreys Engineer Center Support Activity, the Institute for Water Resources, the United States Army Engineer Research and Development Center, and the United States Army Corps of Engineers Finance Center allocable to the civil works program, $212,000,000, to remain available until September 30, 2025, of which not to exceed $5,000 may be used for official reception and representation purposes and only during the current fiscal year: Provided, Provided further, OFFICE OF THE ASSISTANT SECRETARY OF THE ARMY FOR CIVIL WORKS For the Office of the Assistant Secretary of the Army for Civil Works as authorized by 10 U.S.C. 3016(b)(3) Provided, WATER INFRASTRUCTURE FINANCE AND INNOVATION PROGRAM ACCOUNT For the cost of direct loans and for the cost of guaranteed loans, as authorized by the Water Infrastructure Finance and Innovation Act of 2014, $2,200,000, to remain available until expended, for safety projects to maintain, upgrade, and repair dams identified in the National Inventory of Dams with a primary owner type of state, local government, public utility, or private: Provided, Provided further, Provided further, Provided further, Provided further, Provided further, Water Infrastructure Finance and Innovation Program Account Public Law 116–94 Provided further, Provided further, Provided further, GENERAL PROVISIONS—CORPS OF ENGINEERS—CIVIL (INCLUDING TRANSFERS AND RESCISSIONS OF FUNDS) 101. (a) None of the funds provided in title I of this Act, or provided by previous appropriations Acts to the agencies or entities funded in title I of this Act that remain available for obligation or expenditure in fiscal year 2024, shall be available for obligation or expenditure through a reprogramming of funds that: (1) creates or initiates a new program, project, or activity; (2) eliminates a program, project, or activity; (3) increases funds or personnel for any program, project, or activity for which funds have been denied or restricted by this Act, unless prior approval is received from the Committees on Appropriations of both Houses of Congress; (4) proposes to use funds directed for a specific activity for a different purpose, unless prior approval is received from the Committees on Appropriations of both Houses of Congress; (5) augments or reduces existing programs, projects, or activities in excess of the amounts contained in paragraphs (6) through (11), unless prior approval is received from the Committees on Appropriations of both Houses of Congress; (6) Investigations For a base level over $100,000, reprogramming of 25 percent of the base amount up to a limit of $150,000 per project, study or activity is allowed: Provided, Provided further, (7) Planning, Engineering, and Design For a base level over $2,000,000, reprogramming of 15 percent of the base amount up to a limit of $3,000,000 per project, study or activity is allowed: Provided, Provided further, (8) Construction For a base level over $2,000,000, reprogramming of 15 percent of the base amount up to a limit of $3,000,000 per project, study or activity is allowed: Provided, Provided further, Provided further, (9) Operation and maintenance Unlimited reprogramming authority is granted for the Corps to be able to respond to emergencies: Provided, Provided further, Provided further, Provided further, (10) Mississippi river and tributaries The reprogramming guidelines in paragraphs (6), (8), and (9) shall apply to the Investigations, Construction, and Operation and Maintenance portions of the Mississippi River and Tributaries Account, respectively; and (11) Formerly utilized sites remedial action program Reprogramming of up to 15 percent of the base of the receiving project is permitted. (b) De minimus reprogrammings In no case should a reprogramming for less than $50,000 be submitted to the Committees on Appropriations of both Houses of Congress. (c) Continuing authorities program Subsection (a)(1) shall not apply to any project or activity funded under the continuing authorities program. (d) Not later than 60 days after the date of enactment of this Act, the Secretary shall submit a report to the Committees on Appropriations of both Houses of Congress to establish the baseline for application of reprogramming and transfer authorities for the current fiscal year which 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 applicable, and the fiscal year enacted level; (2) A delineation in the table for each appropriation both by object class and program, project and activity as detailed in the budget appendix for the respective appropriations; and (3) An identification of items of special congressional interest. 102. None of the funds made available in this title may be used to award or modify any contract that commits funds beyond the amounts appropriated for that program, project, or activity that remain unobligated, except that such amounts may include any funds that have been made available through reprogramming pursuant to section 101. 103. The Secretary of the Army may transfer to the Fish and Wildlife Service, and the Fish and Wildlife Service may accept and expend, up to $8,200,000 of funds provided in this title under the heading Operation and Maintenance 104. None of the funds in this Act shall be used for an open lake placement alternative for dredged material, after evaluating the least costly, environmentally acceptable manner for the disposal or management of dredged material originating from Lake Erie or tributaries thereto, unless it is approved under a State water quality certification pursuant to section 401 of the Federal Water Pollution Control Act ( 33 U.S.C. 1341 Provided, 33 U.S.C. 2211 105. Additional funding provided in this Act shall be allocated only to projects determined to be eligible by the Chief of Engineers. 106. Of the unobligated balances from prior year appropriations made available to Corps of Engineers—Civil (1) $371,293.38 from the unobligated balances under the heading Construction Public Law 109–148 (2) $562,613.89 from the unobligated balances under the heading Operation and Maintenance Public Law 109–148 (3) $38,873.32 from the unobligated balances under the heading Construction Public Law 109–234 (4) $95.55 from the combined unobligated balances under the Construction Public Law 110–28 (5) $83,734.13 from the unobligated balances under the heading Construction Public Law 110–252 (6) $2,122.56 from the unobligated balances under the heading Operation and Maintenance Public Law 110–252 (7) $10.72 from the unobligated balances under the heading Mississippi River and Tributaries Public Law 110–252 (8) $274,678.03 from the unobligated balances under the heading Construction Public Law 110–329 (9) $267,434.81 from the unobligated balances under the heading Operation and Maintenance Public Law 110–329 (10) $0.02 from the unobligated balances under the heading Operation and Maintenance Public Law 111–32 (11) $246,869.24 from the unobligated balances under the heading Operation and Maintenance Public Law 111–212 (12) $2,643,142.04 from the unobligated balances under the heading Operation and Maintenance Public Law 112–77 II DEPARTMENT OF THE INTERIOR Central Utah Project CENTRAL UTAH PROJECT COMPLETION ACCOUNT For carrying out activities authorized by the Central Utah Project Completion Act, $19,556,000, to remain available until expended, of which $4,650,000 shall be deposited into the Utah Reclamation Mitigation and Conservation Account for use by the Utah Reclamation Mitigation and Conservation Commission: Provided, Provided further, BUREAU OF RECLAMATION The following appropriations shall be expended to execute authorized functions of the Bureau of Reclamation: WATER AND RELATED RESOURCES (INCLUDING TRANSFERS OF FUNDS) For management, development, and restoration of water and related natural resources and for related activities, including the operation, maintenance, and rehabilitation of reclamation and other facilities, participation in fulfilling related Federal responsibilities to Native Americans, and related grants to, and cooperative and other agreements with, State and local governments, federally recognized Indian Tribes, and others, $1,773,497,000, to remain available until expended, of which $1,051,000 shall be available for transfer to the Upper Colorado River Basin Fund and $7,584,000 shall be available for transfer to the Lower Colorado River Basin Development Fund; of which such amounts as may be necessary may be advanced to the Colorado River Dam Fund: Provided, 43 U.S.C. 510b(d)(1) Provided further, Provided further, Public Law 114–322 Provided further, Provided further, Provided further, Public Law 106–554 Provided further, Provided further, CENTRAL VALLEY PROJECT RESTORATION FUND For carrying out the programs, projects, plans, habitat restoration, improvement, and acquisition provisions of the Central Valley Project Improvement Act, such sums as may be collected in fiscal year 2024 in the Central Valley Project Restoration Fund pursuant to sections 3407(d), 3404(c)(3), and 3405(f) of Public Law 102–575 Provided, Public Law 102–575 Provided further, CALIFORNIA BAY-DELTA RESTORATION (INCLUDING TRANSFERS OF FUNDS) For carrying out activities authorized by the Water Supply, Reliability, and Environmental Improvement Act, consistent with plans to be approved by the Secretary of the Interior, $33,000,000, to remain available until expended, of which such amounts as may be necessary to carry out such activities may be transferred to appropriate accounts of other participating Federal agencies to carry out authorized purposes: Provided, Provided further, POLICY AND ADMINISTRATION For expenses necessary for policy, administration, and related functions in the Office of the Commissioner, the Denver office, and offices in the six regions of the Bureau of Reclamation, to remain available until September 30, 2025, $66,794,000, to be derived from the Reclamation Fund and be nonreimbursable as provided in 43 U.S.C. 377: Provided, ADMINISTRATIVE PROVISION Appropriations for the Bureau of Reclamation shall be available for purchase and replacement of motor vehicles. GENERAL PROVISIONS—DEPARTMENT OF THE INTERIOR 201. (a) None of the funds provided in title II of this Act for Water and Related Resources, or provided by previous or subsequent appropriations Acts to the agencies or entities funded in title II of this Act for Water and Related Resources that remain available for obligation or expenditure in fiscal year 2024, shall be available for obligation or expenditure through a reprogramming of funds that— (1) initiates or creates a new program, project, or activity; (2) eliminates a program, project, or activity; (3) increases funds for any program, project, or activity for which funds have been denied or restricted by this Act, unless prior approval is received from the Committees on Appropriations of both Houses of Congress; (4) restarts or resumes any program, project or activity for which funds are not provided in this Act, unless prior approval is received from the Committees on Appropriations of both Houses of Congress; (5) transfers funds in excess of the following limits, unless prior approval is received from the Committees on Appropriations of both Houses of Congress: (A) 15 percent for any program, project or activity for which $2,000,000 or more is available at the beginning of the fiscal year; or (B) $400,000 for any program, project or activity for which less than $2,000,000 is available at the beginning of the fiscal year; (6) transfers more than $500,000 from either the Facilities Operation, Maintenance, and Rehabilitation category or the Resources Management and Development category to any program, project, or activity in the other category, unless prior approval is received from the Committees on Appropriations of both Houses of Congress; or (7) transfers, where necessary to discharge legal obligations of the Bureau of Reclamation, more than $5,000,000 to provide adequate funds for settled contractor claims, increased contractor earnings due to accelerated rates of operations, and real estate deficiency judgments, unless prior approval is received from the Committees on Appropriations of both Houses of Congress. (b) Subsection (a)(5) shall not apply to any transfer of funds within the Facilities Operation, Maintenance, and Rehabilitation category. (c) For purposes of this section, the term transfer (d) Except as provided in subsections (a) and (b), the amounts made available in this title under the heading Bureau of Reclamation—Water and Related Resources Committee Recommendation Water and Related Resources Title II—Department of the Interior (e) The Bureau of Reclamation shall submit reports on a quarterly basis to the Committees on Appropriations of both Houses of Congress detailing all the funds reprogrammed between programs, projects, activities, or categories of funding. The first quarterly report shall be submitted not later than 60 days after the date of enactment of this Act. 202. (a) None of the funds appropriated or otherwise made available by this Act may be used to determine the final point of discharge for the interceptor drain for the San Luis Unit until development by the Secretary of the Interior and the State of California of a plan, which shall conform to the water quality standards of the State of California as approved by the Administrator of the Environmental Protection Agency, to minimize any detrimental effect of the San Luis drainage waters. (b) The costs of the Kesterson Reservoir Cleanup Program and the costs of the San Joaquin Valley Drainage Program shall be classified by the Secretary of the Interior as reimbursable or nonreimbursable and collected until fully repaid pursuant to the Cleanup Program—Alternative Repayment Plan SJVDP—Alternative Repayment Plan Repayment Report, Kesterson Reservoir Cleanup Program and San Joaquin Valley Drainage Program, February 1995 203. Section 9504(e) of the Omnibus Public Land Management Act of 2009 ( 42 U.S.C. 10364(e) $820,000,000 $920,000,000 204. (a) Title I of Public Law 108–361 Public Law 117–103 2024 2023 (b) Section 103(f)(4)(A) of Public Law 108–361 $25,000,000 $30,000,000 205. Section 9106(g)(2) of Public Law 111–11 2024 2023 206. (a) Section 104(c) of the Reclamation States Emergency Drought Relief Act of 1991 ( 43 U.S.C. 2214(c) 2024 2023 (b) Section 301 of the Reclamation States Emergency Drought Relief Act of 1991 ( 43 U.S.C. 2241 2024 2023 $130,000,000 $120,000,000 207. None of the funds provided in this Act may be used for the Shasta Dam and Reservoir Enlargement Project. 208. Section 9503(f) of the Omnibus Public Land Management Act of 2009 ( 42 U.S.C. 10363(f) 2024 2023 III DEPARTMENT OF ENERGY ENERGY PROGRAMS Industrial Emissions and Technology Coordination For Department of Energy expenses necessary for carrying out the activities and coordination of clean industrial research, development, demonstration, and deployment, and coordination of energy and technology programs, $3,500,000, to remain available until expended. Energy Efficiency and Renewable Energy For Department of Energy expenses including the purchase, construction, and acquisition of plant and capital equipment, and other expenses necessary for energy efficiency and renewable energy activities in carrying out the purposes of the Department of Energy Organization Act ( 42 U.S.C. 7101 et seq. Provided, Cybersecurity, Energy Security, and Emergency Response For Department of Energy expenses including the purchase, construction, and acquisition of plant and capital equipment, and other expenses necessary for energy sector cybersecurity, energy security, and emergency response activities in carrying out the purposes of the Department of Energy Organization Act ( 42 U.S.C. 7101 et seq. Provided, Electricity For Department of Energy expenses including the purchase, construction, and acquisition of plant and capital equipment, and other expenses necessary for electricity activities in carrying out the purposes of the Department of Energy Organization Act ( 42 U.S.C. 7101 et seq. Provided, Provided further, 15 U.S.C. 638 42 U.S.C. 16391(a) Grid Deployment For Department of Energy expenses including the purchase, construction, and acquisition of plant and capital equipment, and other expenses necessary for grid deployment in carrying out the purposes of the Department of Energy Organization Act ( 42 U.S.C. 7191 et seq. Provided, Provided further, Nuclear Energy For Department of Energy expenses including the purchase, construction, and acquisition of plant and capital equipment, and other expenses necessary for nuclear energy activities in carrying out the purposes of the Department of Energy Organization Act ( 42 U.S.C. 7101 et seq. Provided, Provided further, Committee Recommendation Department of Energy Title III—Department of Energy Provided further, Fossil Energy and Carbon Management For Department of Energy expenses necessary in carrying out fossil energy and carbon management research and development activities, under the authority of the Department of Energy Organization Act ( 42 U.S.C. 7101 et seq. 30 U.S.C. 3 Provided, Energy Projects For Department of Energy expenses necessary in carrying out community project funding activities, under the authority of the Department of Energy Organization Act ( 42 U.S.C. 7101 et seq. Congressionally Directed Spending of Energy Projects Naval Petroleum and Oil Shale Reserves For Department of Energy expenses necessary to carry out naval petroleum and oil shale reserve activities, $13,010,000, to remain available until expended: Provided, Strategic Petroleum Reserve For Department of Energy expenses necessary for Strategic Petroleum Reserve facility development and operations and program management activities pursuant to the Energy Policy and Conservation Act ( 42 U.S.C. 6201 et seq. Provided, 42 U.S.C. 6241 Provided further, Provided further, SPR Petroleum Account For the acquisition, transportation, and injection of petroleum products, and for other necessary expenses pursuant to the Energy Policy and Conservation Act of 1975, as amended ( 42 U.S.C. 6201 et seq. 42 U.S.C. 6241 42 U.S.C. 6241 42 U.S.C. 6241 Provided, 42 U.S.C. 6247(b)(3) Northeast Home Heating Oil Reserve For Department of Energy expenses necessary for Northeast Home Heating Oil Reserve storage, operation, and management activities pursuant to the Energy Policy and Conservation Act ( 42 U.S.C. 6201 et seq. Energy Information Administration For Department of Energy expenses necessary in carrying out the activities of the Energy Information Administration, $135,000,000, to remain available until expended. Non-Defense Environmental Cleanup For Department of Energy expenses, including the purchase, construction, and acquisition of plant and capital equipment and other expenses necessary for non-defense environmental cleanup activities in carrying out the purposes of the Department of Energy Organization Act ( 42 U.S.C. 7101 et seq. Provided, Public Law 116–94 Uranium Enrichment Decontamination and Decommissioning Fund For Department of Energy expenses necessary in carrying out uranium enrichment facility decontamination and decommissioning, remedial actions, and other activities of title II of the Atomic Energy Act of 1954, and title X, subtitle A, of the Energy Policy Act of 1992, $862,000,000, to be derived from the Uranium Enrichment Decontamination and Decommissioning Fund, to remain available until expended, of which $6,792,000 shall be available in accordance with title X, subtitle A, of the Energy Policy Act of 1992. Science For Department of Energy expenses including the purchase, construction, and acquisition of plant and capital equipment, and other expenses necessary for science activities in carrying out the purposes of the Department of Energy Organization Act ( 42 U.S.C. 7101 et seq. Provided, Nuclear Waste Disposal For Department of Energy expenses necessary for nuclear waste disposal activities to carry out the purposes of the Nuclear Waste Policy Act of 1982, Public Law 97–425 Technology Transitions For Department of Energy expenses necessary for carrying out the activities of technology transitions, $20,000,000, to remain available until expended: Provided, Clean Energy Demonstrations For Department of Energy expenses, including the purchase, construction, and acquisition of plant and capital equipment and other expenses necessary for clean energy demonstrations in carrying out the purposes of the Department of Energy Organization Act ( 42 U.S.C. 7101 et seq. Provided, Advanced Research Projects Agency—Energy For Department of Energy expenses necessary in carrying out the activities authorized by section 5012 of the America COMPETES Act ( Public Law 110–69 Provided, Title 17 Innovative Technology Loan Guarantee Program Such sums as are derived from amounts received from borrowers pursuant to section 1702(b) of the Energy Policy Act of 2005 under this heading in prior Acts, shall be collected in accordance with section 502(7) of the Congressional Budget Act of 1974: Provided, Provided further, Provided further, Provided further, Provided further, Advanced Technology Vehicles Manufacturing Loan Program For Department of Energy administrative expenses necessary in carrying out the Advanced Technology Vehicles Manufacturing Loan Program, $13,000,000, to remain available until September 30, 2025. Tribal Energy Loan Guarantee Program For Department of Energy administrative expenses necessary in carrying out the Tribal Energy Loan Guarantee Program, $6,300,000, to remain available until September 30, 2025. Indian Energy Policy and Programs For necessary expenses for Indian Energy activities in carrying out the purposes of the Department of Energy Organization Act ( 42 U.S.C. 7101 et seq. Provided, Departmental Administration For salaries and expenses of the Department of Energy necessary for departmental administration in carrying out the purposes of the Department of Energy Organization Act ( 42 U.S.C. 7101 et seq. 31 U.S.C. 1511 et seq. Provided, Provided further, Public Law 95–238 Provided further, Office of the Inspector General For expenses necessary for the Office of the Inspector General in carrying out the provisions of the Inspector General Act of 1978, $86,000,000, to remain available until September 30, 2025. ATOMIC ENERGY DEFENSE ACTIVITIES NATIONAL NUCLEAR SECURITY ADMINISTRATION Weapons Activities For Department of Energy expenses, including the purchase, construction, and acquisition of plant and capital equipment and other incidental expenses necessary for atomic energy defense weapons activities in carrying out the purposes of the Department of Energy Organization Act ( 42 U.S.C. 7101 et seq. Provided, Defense Nuclear Nonproliferation For Department of Energy expenses, including the purchase, construction, and acquisition of plant and capital equipment and other incidental expenses necessary for defense nuclear nonproliferation activities, in carrying out the purposes of the Department of Energy Organization Act ( 42 U.S.C. 7101 et seq. Naval Reactors (INCLUDING TRANSFER OF FUNDS) For Department of Energy expenses necessary for naval reactors activities to carry out the Department of Energy Organization Act ( 42 U.S.C. 7101 et seq. Department of Energy—Energy Programs—Nuclear Energy Provided, Federal Salaries and Expenses For expenses necessary for Federal Salaries and Expenses in the National Nuclear Security Administration, $485,000,000, to remain available until September 30, 2025, including official reception and representation expenses not to exceed $17,000. ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES Defense Environmental Cleanup For Department of Energy expenses, including the purchase, construction, and acquisition of plant and capital equipment and other expenses necessary for atomic energy defense environmental cleanup activities in carrying out the purposes of the Department of Energy Organization Act ( 42 U.S.C. 7101 et seq. Provided, Defense Uranium Enrichment Decontamination and Decommissioning (INCLUDING TRANSFER OF FUNDS) For an additional amount for atomic energy defense environmental cleanup activities for Department of Energy contributions for uranium enrichment decontamination and decommissioning activities, $575,000,000, to be deposited into the Defense Environmental Cleanup account, which shall be transferred to the Uranium Enrichment Decontamination and Decommissioning Fund Other Defense Activities For Department of Energy expenses, including the purchase, construction, and acquisition of plant and capital equipment and other expenses, necessary for atomic energy defense, other defense activities, and classified activities, in carrying out the purposes of the Department of Energy Organization Act ( 42 U.S.C. 7101 et seq. Provided, POWER MARKETING ADMINISTRATIONS Bonneville Power Administration Fund Expenditures from the Bonneville Power Administration Fund, established pursuant to Public Law 93–454 Provided, Operation and Maintenance, Southeastern Power Administration For expenses necessary for operation and maintenance of power transmission facilities and for marketing electric power and energy, including transmission wheeling and ancillary services, pursuant to section 5 of the Flood Control Act of 1944 ( 16 U.S.C. 825s Provided, Provided further, Provided further, 31 U.S.C. 3302 Provided further, Operation and Maintenance, Southwestern Power Administration For expenses necessary for operation and maintenance of power transmission facilities and for marketing electric power and energy, for construction and acquisition of transmission lines, substations and appurtenant facilities, and for administrative expenses, including official reception and representation expenses in an amount not to exceed $1,500 in carrying out section 5 of the Flood Control Act of 1944 ( 16 U.S.C. 825s Provided, 16 U.S.C. 825s Provided further, Provided further, 31 U.S.C. 3302 Provided further, Construction, Rehabilitation, Operation and Maintenance, Western Area Power Administration For carrying out the functions authorized by title III, section 302(a)(1)(E) of the Act of August 4, 1977 ( 42 U.S.C. 7152 Provided, 31 U.S.C. 3302 16 U.S.C. 825s 43 U.S.C. 392a Provided further, Provided further, 31 U.S.C. 3302 Provided further, Falcon and Amistad Operating and Maintenance Fund For operation, maintenance, and emergency costs for the hydroelectric facilities at the Falcon and Amistad Dams, $3,425,000, to remain available until expended, and to be derived from the Falcon and Amistad Operating and Maintenance Fund of the Western Area Power Administration, as provided in section 2 of the Act of June 18, 1954 (68 Stat. 255): Provided, 31 U.S.C. 3302 Provided further, Provided further, Provided further, Provided further, Federal Energy Regulatory Commission SALARIES AND EXPENSES For expenses necessary for the Federal Energy Regulatory Commission to carry out the provisions of the Department of Energy Organization Act ( 42 U.S.C. 7101 et seq. 5 U.S.C. 3109 Provided, Provided further, GENERAL PROVISIONS—DEPARTMENT OF ENERGY 301. (a) No appropriation, funds, or authority made available by this title for the Department of Energy shall be used to initiate or resume any program, project, or activity or to prepare or initiate Requests For Proposals or similar arrangements (including Requests for Quotations, Requests for Information, and Funding Opportunity Announcements) for a program, project, or activity if the program, project, or activity has not been funded by Congress. (b) (1) Unless the Secretary of Energy notifies the Committees on Appropriations of both Houses of Congress at least 3 full business days in advance, none of the funds made available in this title may be used to— (A) make or modify a grant allocation or discretionary grant award totaling $1,000,000 or more; (B) make or modify a discretionary contract award or Other Transaction Agreement totaling $1,000,000 or more, including a contract covered by the Federal Acquisition Regulation; (C) issue a letter of intent to make or modify an allocation, award, or Agreement in excess of the limits in subparagraph (A) or (B); or (D) announce publicly the intention to make or modify an allocation, award, or Agreement in excess of the limits in subparagraph (A) or (B). (2) The Secretary of Energy shall submit to the Committees on Appropriations of both Houses of Congress within 15 days of the conclusion of each quarter a report detailing each grant allocation or discretionary grant award totaling less than $1,000,000 provided or modified during the previous quarter. (3) The notification required by paragraph (1) and the report required by paragraph (2) shall include the recipient of the award, the amount of the award, the fiscal year for which the funds for the award were appropriated, the account and program, project, or activity from which the funds are being drawn, the title of the award, and a brief description of the activity for which the award is made or modified. (c) The Department of Energy may not, with respect to any program, project, or activity that uses budget authority made available in this title under the heading Department of Energy—Energy Programs (1) the contract, grant, or cooperative agreement is funded for the full period of performance as anticipated at the time of award; or (2) the contract, grant, or cooperative agreement includes a clause conditioning the Federal Government's obligation on the availability of future year budget authority and the Secretary notifies the Committees on Appropriations of both Houses of Congress at least 3 days in advance. (d) Except as provided in subsections (e), (f), and (g), the amounts made available by this title shall be expended as authorized by law for the programs, projects, and activities specified in the Committee Recommendation Department of Energy Title III—Department of Energy (e) Except as provided in subsection (f), the amounts made available by this title may be reprogrammed for any program, project, or activity, and the Department shall notify, and obtain the prior approval of, the Committees on Appropriations of both Houses of Congress at least 30 days prior to the use of any proposed reprogramming that would cause any program, project, or activity funding level to increase or decrease by more than $5,000,000 or 10 percent, whichever is less, during the time period covered by this Act. (f) None of the funds provided in this title shall be available for obligation or expenditure through a reprogramming of funds— (1) that creates, initiates, or eliminates a program, project, or activity; (2) that increases funds or personnel for any program, project, or activity for which funds are denied or restricted by this Act; or (3) that reduces funds that are directed to be used for a specific program, project, or activity by this Act. (g) (1) The Secretary of Energy may waive any requirement or restriction in this section that applies to the use of funds made available for the Department of Energy if compliance with such requirement or restriction would pose a substantial risk to human health, the environment, welfare, or national security. (2) The Secretary of Energy shall notify the Committees on Appropriations of both Houses of Congress of any waiver under paragraph (1) as soon as practicable, but not later than 3 days after the date of the activity to which a requirement or restriction would otherwise have applied. Such notice shall include an explanation of the substantial risk under paragraph (1) that permitted such waiver. (h) The unexpended balances of prior appropriations provided for activities in this Act may be available to the same appropriation accounts for such activities established pursuant to this title. Available balances 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. 302. Funds appropriated by this or any other Act, or made available by the transfer of funds in 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. 3094 303. None of the funds made available in this title shall be used for the construction of facilities classified as high-hazard nuclear facilities under 10 CFR Part 830 unless independent oversight is conducted by the Office of Enterprise Assessments to ensure the project is in compliance with nuclear safety requirements. 304. None of the funds made available in this title may be used to approve critical decision-2 or critical decision-3 under Department of Energy Order 413.3B, or any successive departmental guidance, for construction projects where the total project cost exceeds $100,000,000, until a separate independent cost estimate has been developed for the project for that critical decision. 305. No funds shall be transferred directly from Department of Energy—Power Marketing Administration—Colorado River Basins Power Marketing Fund, Western Area Power Administration 306. None of the funds made available in this title may be used to support a grant allocation award, discretionary grant award, or cooperative agreement that exceeds $100,000,000 in Federal funding unless the project is carried out through internal independent project management procedures. 307. (a) Definitions In this section: (1) Affected indian tribe The term affected Indian tribe 42 U.S.C. 10101 (2) High-level radioactive waste The term high-level radioactive waste 42 U.S.C. 10101 (3) Nuclear waste fund The term Nuclear Waste Fund 42 U.S.C. 10222(c) (4) Secretary The term Secretary (5) Spent nuclear fuel The term spent nuclear fuel 42 U.S.C. 10101 (b) Pilot program Notwithstanding any provision of the Nuclear Waste Policy Act of 1982 ( 42 U.S.C. 10101 et seq. (c) Requests for proposals Not later than 120 days after the date of enactment of this Act, the Secretary shall issue a request for proposals for cooperative agreements— (1) to obtain any license necessary from the Nuclear Regulatory Commission for the construction of one or more consolidated storage facilities; (2) to demonstrate the safe transportation of spent nuclear fuel and high-level radioactive waste, as applicable; and (3) to demonstrate the safe storage of spent nuclear fuel and high-level radioactive waste, as applicable, at the one or more consolidated storage facilities pending the construction and operation of deep geologic disposal capacity for the permanent disposal of the spent nuclear fuel. (d) Consent-Based approval Prior to siting a consolidated storage facility pursuant to this section, the Secretary shall enter into an agreement to host the facility with— (1) the Governor of the State; (2) each unit of local government within the jurisdiction of which the facility is proposed to be located; and (3) each affected Indian tribe. (e) Applicability In executing this section, the Secretary shall comply with— (1) all licensing requirements and regulations of the Nuclear Regulatory Commission; and (2) all other applicable laws (including regulations). (f) Pilot program plan Not later than 120 days after the date on which the Secretary issues the request for proposals under subsection (c), the Secretary shall submit to Congress a plan to carry out this section that includes— (1) an estimate of the cost of licensing, constructing, and operating a consolidated storage facility, including the transportation costs, on an annual basis, over the expected lifetime of the facility; (2) a schedule for— (A) obtaining any license necessary to construct and operate a consolidated storage facility from the Nuclear Regulatory Commission; (B) constructing the facility; (C) transporting spent fuel to the facility; and (D) removing the spent fuel and decommissioning the facility; (3) an estimate of the cost of any financial assistance, compensation, or incentives proposed to be paid to the host State, Indian tribe, or local government; (4) an estimate of any future reductions in the damages expected to be paid by the United States for the delay of the Department of Energy in accepting spent fuel expected to result from the pilot program; (5) recommendations for any additional legislation needed to authorize and implement the pilot program; and (6) recommendations for a mechanism to ensure that any spent nuclear fuel or high-level radioactive waste stored at a consolidated storage facility pursuant to this section shall move to deep geologic disposal capacity, following a consent-based approval process for that deep geologic disposal capacity consistent with subsection (d), within a reasonable time after the issuance of a license to construct and operate the consolidated storage facility. (g) Public participation Prior to choosing a site for the construction of a consolidated storage facility under this section, the Secretary shall conduct one or more public hearings in the vicinity of each potential site and in at least one other location within the State in which the site is located to solicit public comments and recommendations. (h) Use of nuclear waste fund The Secretary may make expenditures from the Nuclear Waste Fund to carry out this section, subject to appropriations. 308. None of the funds made available in this or any other Act, including prior Acts, may be used to pay the salaries and expenses of any contractor detailed to a Congressional Committee or Member Office or to the Executive Branch for longer than a 24-month period: Provided, 42 U.S.C. 15801 309. Section 322 of Public Law No 118–5 is hereby repealed. 310. (a) The fifty-first proviso under the heading Energy Efficiency and Renewable Energy Public Law 117–58 three percent five percent (b) The eighth proviso under the heading Cybersecurity, Energy Security, and Emergency Response Public Law 117–58 three percent five percent (c) The tenth proviso under the heading Electricity Public Law 117–58 three percent five percent (d) The twenty-second proviso under the heading Fossil Energy and Carbon Management Public Law 117–58 three percent five percent (e) The twenty-sixth proviso under the heading Office of Clean Energy Demonstrations Public Law 117–58 three percent five percent (f) Amounts repurposed pursuant to this section 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. 311. (a) The Trusted Source Requirement for LEU used in Covered Domestic Reactors shall be: (1) in calendar year 2025, 50%; (2) in calendar year 2026, 55%; (3) in calendar year 2027, 60%; (4) in calendar year 2028, 65%; (5) in calendar year 2029, 70%; (6) in calendar year 2030, 75%; (7) in calendar year 2031, 80%; (8) in calendar year 2032, 85%; (9) in calendar year 2032 and thereafter, 85%. (b) The Secretary may take action that the Secretary deems necessary or appropriate to administer, implement or enforce the Trusted Source Requirement. (c) The Secretary may require any person to provide any certifications, reports, or other information necessary or appropriate to demonstrate compliance with the Trusted Source Requirement. (d) (1) The Secretary shall promulgate, no later than twelve months after the enactment of this section, a final regulation to implement this section. (2) In promulgating the final rule, the Secretary shall consider the need for: (A) Mechanisms to allocate the effects of the Trusted Source Requirement equitably among reactor licensees; (B) Differentiation among various reactor types; (C) Differentiation among LEU enriched up to 10 percent of the uranium-235 isotope and LEU enriched above10 percent of the uranium-235 isotope; and (D) Provisions to prevent transactions designed to evade the purpose of this section. (e) In this section: (1) Allied Country (2) Covered Domestic Reactor (3) LEU (4) Secretary (5) Trusted Source Requirement (f) In administering, implementing or enforcing the Trusted Source Requirement, the Department shall only use existing statutory authorities. (g) That the Secretary of Energy may use funds appropriated or otherwise made available for a commitment under this section for a commitment only if the full extent of the anticipated costs stemming from that commitment is recorded as an obligation at the time that the commitment is made and only to the extent that up-front obligation is recorded in full at that time. 312. (a) Of the amounts previously appropriated under the heading Department of Energy—Energy Programs Public Law 117–58 (1) Up to $800,000,000 for Advanced Nuclear Fuel Availability, of which up to $266,666,666 shall be available for each of fiscal years 2024, 2025, and 2026; and (2) Up to $400,000,000 for the Advanced Small Modular Reactor Research, Development, and Demonstration program for fiscal year 2024. (b) Of amounts previously appropriated under the heading Department of Energy—Energy Programs—Electricity Public Law 117–58 Provided, Department of Energy—Energy Programs—Electricity Public Law 117–58 Provided further, Provided further, (c) Any amount repurposed pursuant to this section shall retain its original period of availability. (d) Amounts repurposed pursuant to this section 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. IV INDEPENDENT AGENCIES Appalachian Regional Commission For expenses necessary to carry out the programs authorized by the Appalachian Regional Development Act of 1965, as amended, notwithstanding 40 U.S.C. 14704 5 U.S.C. 3109 Defense Nuclear Facilities Safety Board SALARIES AND EXPENSES For expenses necessary for the Defense Nuclear Facilities Safety Board in carrying out activities authorized by the Atomic Energy Act of 1954, as amended by Public Law 100–456 Delta Regional Authority SALARIES AND EXPENSES For expenses necessary for the Delta Regional Authority and to carry out its activities, as authorized by the Delta Regional Authority Act of 2000, notwithstanding sections 382F(d), 382M, and 382N of said Act, $30,100,000, to remain available until expended. Denali Commission For expenses necessary for the Denali Commission including the purchase, construction, and acquisition of plant and capital equipment as necessary and other expenses, $17,000,000, to remain available until expended, notwithstanding the limitations contained in section 306(g) of the Denali Commission Act of 1998: Provided, Public Law 106–113 Provided further, Northern Border Regional Commission For expenses necessary for the Northern Border Regional Commission in carrying out activities authorized by subtitle V of title 40, United States Code, $41,000,000, to remain available until expended: Provided, Southeast Crescent Regional Commission For expenses necessary for the Southeast Crescent Regional Commission in carrying out activities authorized by subtitle V of title 40, United States Code, $20,000,000, to remain available until expended. Southwest Border Regional Commission For expenses necessary for the Southwest Border Regional Commission in carrying out activities authorized by subtitle V of title 40, United States Code, $5,000,000, to remain available until expended. Great Lakes Authority For expenses necessary for the Great Lakes Authority in carrying out activities authorized by subtitle V of title 40, United States Code, $2,500,000, to remain available until expended. Nuclear Regulatory Commission SALARIES AND EXPENSES For expenses necessary for the Commission in carrying out the purposes of the Energy Reorganization Act of 1974 and the Atomic Energy Act of 1954, $941,703,450, including official representation expenses not to exceed $25,000, to remain available until expended: Provided, Provided further, 31 U.S.C. 3302 Provided further, OFFICE OF INSPECTOR GENERAL For expenses necessary for the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, $15,769,000, to remain available until September 30, 2025: Provided, Provided further, Provided further, Nuclear Waste Technical Review Board SALARIES AND EXPENSES For expenses necessary for the Nuclear Waste Technical Review Board, as authorized by Public Law 100–203 GENERAL PROVISIONS—INDEPENDENT AGENCIES 401. The Nuclear Regulatory Commission shall comply with the July 5, 2011, version of Chapter VI of its Internal Commission Procedures when responding to Congressional requests for information, consistent with Department of Justice guidance for all Federal agencies. 402. (a) The amounts made available by this title for the Nuclear Regulatory Commission may be reprogrammed for any program, project, or activity, and the Commission shall notify the Committees on Appropriations of both Houses of Congress at least 30 days prior to the use of any proposed reprogramming that would cause any program funding level to increase or decrease by more than $500,000 or 10 percent, whichever is less, during the time period covered by this Act. (b) (1) The Nuclear Regulatory Commission may waive the notification requirement in subsection (a) if compliance with such requirement would pose a substantial risk to human health, the environment, welfare, or national security. (2) The Nuclear Regulatory Commission shall notify the Committees on Appropriations of both Houses of Congress of any waiver under paragraph (1) as soon as practicable, but not later than 3 days after the date of the activity to which a requirement or restriction would otherwise have applied. Such notice shall include an explanation of the substantial risk under paragraph (1) that permitted such waiver and shall provide a detailed report to the Committees of such waiver and changes to funding levels to programs, projects, or activities. (c) Except as provided in subsections (a), (b), and (d), the amounts made available by this title for Nuclear Regulatory Commission—Salaries and Expenses (d) None of the funds provided for the Nuclear Regulatory Commission shall be available for obligation or expenditure through a reprogramming of funds that increases funds or personnel for any program, project, or activity for which funds are denied or restricted by this Act. (e) The Commission shall provide a monthly report to the Committees on Appropriations of both Houses of Congress, which includes the following for each program, project, or activity, including any prior year appropriations— (1) total budget authority; (2) total unobligated balances; and (3) total unliquidated obligations. V GENERAL PROVISIONS (INCLUDING TRANSFER OF FUNDS) 501. None of the funds appropriated by this Act may be used in any way, directly or indirectly, to influence congressional action on any legislation or appropriation matters pending before Congress, other than to communicate to Members of Congress as described in 18 U.S.C. 1913 502. (a) None of the funds made available in title III 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 for any fiscal year, transfer authority referenced in the report accompanying this Act, or any authority whereby a department, agency, or instrumentality of the United States Government may provide goods or services to another department, agency, or instrumentality. (b) None of the funds made available for any department, agency, or instrumentality of the United States Government may be transferred to accounts funded in title III of this Act, except pursuant to a transfer made by or transfer authority provided in this Act or any other appropriations Act for any fiscal year, transfer authority referenced in the report accompanying this Act, or any authority whereby a department, agency, or instrumentality of the United States Government may provide goods or services to another department, agency, or instrumentality. (c) The head of any relevant department or agency funded in this Act utilizing any transfer authority shall submit to the Committees on Appropriations of both Houses of Congress a semiannual report detailing the transfer authorities, except for any authority whereby a department, agency, or instrumentality of the United States Government may provide goods or services to another department, agency, or instrumentality, used in the previous 6 months and in the year-to-date. This report shall include the amounts transferred and the purposes for which they were transferred, and shall not replace or modify existing notification requirements for each authority. 503. None of the funds made available by this Act may be used in contravention of Executive Order No. 12898 of February 11, 1994 (Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations). 504. (a) None of the funds made available in this Act may be used to maintain or establish a computer network unless such network blocks the viewing, downloading, and exchanging of pornography. (b) Nothing in subsection (a) shall limit the use of funds necessary for any Federal, State, Tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecution, or adjudication activities. 505. Funds made available in this Act shall be allocated solely in accordance with the provisions of this Act and the report accompanying this Act. 506. 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 rescinded, if applicable) only if the President subsequently so designates all such amounts and transmits such designations to the Congress. This Act may be cited as the Energy and Water Development and Related Agencies Appropriations Act, 2024 July 20, 2023 Read twice and placed on the calendar

Energy and Water Development and Related Agencies Appropriations Act, 2024

Financial Institution Customer Protection Act of 2023 This bill specifies that a federal banking agency may not request or order a depository institution to terminate a customer account unless (1) the agency has a valid reason for doing so, and (2) that reason is not based solely on reputation risk. Valid reasons for terminating an account include threats to national security and involvement in terrorist financing, including state sponsorship of terrorism. A federal banking agency requesting a termination must provide the depository institution with notification and justification. The bill also sets forth additional requirements for the Department of Justice when seeking subpoenas, summoning witnesses, or compelling document production in the course of conducting a civil investigation in contemplation of a civil proceeding involving certain banking laws.

118 S245 IS: Financial Institution Customer Protection Act of 2023 U.S. Senate 2023-02-02 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 245 IN THE SENATE OF THE UNITED STATES February 2, 2023 Mr. Cruz Mr. Crapo Mr. Cornyn Committee on Banking, Housing, and Urban Affairs A BILL To provide requirements for the appropriate Federal banking agencies when requesting or ordering a depository institution to terminate a specific customer account, to provide for additional requirements related to subpoenas issued under the Financial Institutions Reform, Recovery, and Enforcement Act of 1989, and for other purposes. 1. Short title This Act may be cited as the Financial Institution Customer Protection Act of 2023 2. Requirements for deposit account termination requests and orders (a) Definitions In this section— (1) the term appropriate Federal banking agency (A) has the meaning given the term in section 3 of the Federal Deposit Insurance Act ( 12 U.S.C. 1813 (B) in the case of an insured credit union, means the National Credit Union Administration Board; (2) the term depository institution (A) has the meaning given the term in section 3 of the Federal Deposit Insurance Act ( 12 U.S.C. 1813 (B) includes an insured credit union; and (3) the term insured credit union 12 U.S.C. 1752 (b) Termination requests or orders must be material (1) In general The appropriate Federal banking agency may not formally or informally request or order a depository institution to terminate a specific customer account or group of customer accounts or to otherwise restrict or discourage a depository institution from entering into or maintaining a banking relationship with a specific customer or group of customers unless— (A) the agency has a material reason for the request or order; and (B) that reason is not based solely on reputation risk to the depository institution. (2) Treatment of national security threats The appropriate Federal banking agency shall satisfy the requirement under paragraph (1) if the agency believes a specific customer or group of customers is, or is acting as a conduit for, an entity that— (A) poses a threat to national security; (B) is involved in terrorist financing; (C) is an agency of the Government of Iran, North Korea, Syria, or any country listed from time to time on the state sponsor of terrorism list; (D) is located in, or is subject to the jurisdiction of, any country described in subparagraph (C); or (E) does business with any entity described in subparagraph (C) or (D), unless the appropriate Federal banking agency determines that the customer or group of customers has used due diligence to avoid doing business with any entity described in subparagraph (C) or (D). (c) Notice requirement (1) In general If the appropriate Federal banking agency formally or informally requests or orders a depository institution to terminate a specific customer account or a group of customer accounts, the agency shall— (A) provide the request or order to the institution in writing; and (B) include with the request or order a written justification for why the termination is necessary, including any specific law (including regulation), the agency believes that the customer or group of customers is violating. (2) Justification requirement A written justification under paragraph (1)(B) may not be based solely on the reputation risk to the depository institution. (d) Customer notice (1) Notice required Except as provided in paragraph (2), if the appropriate Federal banking agency orders a depository institution to terminate a specific customer account or a group of customer accounts, the depository institution shall inform the customer or customers of the justification for the termination of the account or accounts under subsection (c)(1)(B). (2) Notice prohibited in cases of national security If the appropriate Federal banking agency requests or orders a depository institution to terminate a specific customer account or a group of customer accounts based on a belief that the customer or customers pose a threat to national security, or are otherwise described in subsection (b)(2), neither the depository institution nor the appropriate Federal banking agency may inform the customer or customers of the justification for the termination of the account or accounts. (e) Reporting requirement Each appropriate Federal banking agency shall issue an annual report to Congress stating— (1) the aggregate number of specific customer accounts that the agency requested or ordered a depository institution to terminate during the 1-year period preceding the issuance of the report; (2) the legal authority on which the agency relied in making the requests and orders described in paragraph (1); and (3) the frequency with which the agency relied on each authority described in paragraph (2). 3. Amendments to the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 Section 951 of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 ( 12 U.S.C. 1833a (1) in subsection (c)(2)— (A) by inserting a comma after 1341 (B) by striking affecting a federally insured financial institution against a federally insured financial institution or by a federally insured financial institution against an unaffiliated third person (2) in subsection (g)— (A) in the subsection heading, by striking subpoenas investigations (B) by striking paragraph (1)(C) and inserting the following: (C) summon witnesses and require the production of any books, papers, correspondence, memoranda, or other records which the Attorney General deems relevant or material to the inquiry, if the Attorney General— (i) requests a court order from a court of competent jurisdiction for such actions and offers specific and articulable facts showing that there are reasonable grounds to believe that the information or testimony sought is relevant and material for conducting an investigation under this section; or (ii) either personally or through delegation no lower than the Deputy Attorney General, issues and signs a subpoena for such actions and such subpoena is supported by specific and articulable facts showing that there are reasonable grounds to believe that the information or testimony sought is relevant for conducting an investigation under this section. .

Financial Institution Customer Protection Act of 2023

Motorsports Fairness and Permanency Act of 2023 This bill makes permanent the accelerated depreciation (seven-year recovery period) of motorsports entertainment complexes.

118 S2462 IS: Motorsports Fairness and Permanency Act of 2023 U.S. Senate 2023-07-25 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 2462 IN THE SENATE OF THE UNITED STATES July 25, 2023 Mr. Warner Mr. Young Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to make permanent the 7-year recovery period for motorsports entertainment complexes. 1. Short title This Act may be cited as the Motorsports Fairness and Permanency Act of 2023 2. 7-year recovery period for motorsports entertainment complexes made permanent Section 168(i)(15)

Motorsports Fairness and Permanency Act of 2023

Extreme Risk Protection Order Expansion Act of 2023 This bill establishes grants to support the implementation of extreme risk protection order laws at the state and local levels, extends federal firearms restrictions to individuals who are subject to extreme risk protection orders, and expands related data collection. Extreme risk protection order laws, or red flag laws, generally allow certain individuals (e.g., law enforcement officers or family members) to petition a court for a temporary order that prohibits an at-risk individual from purchasing and possessing firearms. Among its provisions, the bill directs the Department of Justice to establish a grant program to help states, local governments, Indian tribes, and other entities implement extreme risk protection order laws; extends federal restrictions on the receipt, possession, shipment, and transportation of firearms and ammunition to individuals who are subject to extreme risk protection orders; and requires the Federal Bureau of Investigation to compile records from federal, tribal, and state courts and other agencies that identify individuals who are subject to extreme risk protection orders.

118 S247 IS: Extreme Risk Protection Order Expansion Act of 2023 U.S. Senate 2023-02-02 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 247 IN THE SENATE OF THE UNITED STATES February 2, 2023 Mrs. Feinstein Mr. Blumenthal Mr. Kaine Mr. Markey Ms. Warren Mr. Brown Mr. Padilla Ms. Smith Mr. Casey Mr. Whitehouse Mr. Durbin Mr. Cardin Mr. Booker Mr. Merkley Mrs. Murray Mr. Wyden Ms. Klobuchar Committee on the Judiciary A BILL To support State, Tribal, and local efforts to remove access to firearms from individuals who are a danger to themselves or others pursuant to court orders for this purpose. 1. Short title This Act may be cited as the Extreme Risk Protection Order Expansion Act of 2023 2. Extreme risk protection order grant program (a) Definitions In this section: (1) Eligible entity The term eligible entity (A) a State or Indian Tribe— (i) that enacts legislation described in subsection (c); (ii) with respect to which the Attorney General determines that the legislation described in clause (i) complies with the requirements under subsection (c)(1); and (iii) that certifies to the Attorney General that the State or Indian Tribe will, with respect to a grant received under subsection (b)— (I) use the grant for the purposes described in subsection (b)(2); and (II) allocate not less than 25 percent and not more than 70 percent of the amount received under the grant for the development and dissemination of training for law enforcement officers in accordance with subsection (b)(4); or (B) a unit of local government or other public or private entity that— (i) is located in a State or in the territory under the jurisdiction of an Indian Tribe that meets the requirements described in clauses (i) and (ii) of subparagraph (A); and (ii) certifies to the Attorney General that the unit of local government or entity will, with respect to a grant received under subsection (b)— (I) use the grant for the purposes described in subsection (b)(2); and (II) allocate not less than 25 percent and not more than 70 percent of the amount received under the grant for the development and dissemination of training for law enforcement officers in accordance with subsection (b)(4). (2) Extreme risk protection order The term extreme risk protection order (A) Prohibiting a named individual from having under the custody or control of the individual, owning, purchasing, possessing, or receiving a firearm. (B) Having a firearm removed or requiring the surrender of firearms from a named individual. (3) Firearm The term firearm (4) Indian Tribe The term Indian Tribe Indian tribe 34 U.S.C. 10389 (5) Law enforcement officer The term law enforcement officer (A) engage in or supervise the prevention, detection, investigation, or prosecution of an offense; or (B) supervise sentenced criminal offenders. (6) Petitioner The term petitioner (7) Respondent The term respondent (8) State The term State (A) a State; (B) the District of Columbia; (C) the Commonwealth of Puerto Rico; and (D) any other territory or possession of the United States. (9) Unit of local government The term unit of local government 34 U.S.C. 10251 (b) Grant program established (1) In general The Attorney General shall establish a program under which, from amounts made available to carry out this section, the Attorney General may make grants to eligible entities to assist in carrying out the provisions of the legislation described in subsection (c). (2) Use of funds Funds awarded under this subsection may be used by an applicant to— (A) enhance the capacity of law enforcement agencies and the courts of a State, unit of local government, or Indian Tribe by providing personnel, training, technical assistance, data collection, and other resources to carry out enacted legislation described in subsection (c); (B) train judges, court personnel, health care and legal professionals, and law enforcement officers to more accurately identify individuals whose access to firearms poses a danger of causing harm to themselves or others by increasing the risk of firearms suicide or interpersonal violence; (C) develop and implement law enforcement and court protocols, forms, and orders so that law enforcement agencies and the courts may carry out the provisions of the enacted legislation described in subsection (c) in a safe, equitable, and effective manner, including through the removal and storage of firearms pursuant to extreme risk protection orders under the enacted legislation; and (D) raise public awareness and understanding of the enacted legislation described in subsection (c), including through subgrants to community-based organizations for the training of community members, so that extreme risk protection orders may be issued in appropriate situations to reduce the risk of firearms-related death and injury. (3) Application An eligible entity desiring a grant under this subsection shall submit to the Attorney General an application at such time, in such manner, and containing or accompanied by such information as the Attorney General may reasonably require. (4) Training (A) In general A recipient of a grant under this subsection shall provide training to law enforcement officers, including officers of relevant Federal, State, local, and Tribal law enforcement agencies, in the safe, impartial, effective, and equitable use and administration of extreme risk protection orders, including training to address— (i) bias based on race and racism, ethnicity, gender, sexual orientation, gender identity, religion, language proficiency, mental health condition, disability, and classism in the use and administration of extreme risk protection orders; (ii) the appropriate use of extreme risk protection orders in cases of domestic violence, including the applicability of other policies and protocols to address domestic violence in situations that may also involve extreme risk protection orders and the necessity of safety planning with the victim before a law enforcement officer petitions for and executes an extreme risk protection order, if applicable; (iii) interacting with persons with a mental illness or emotional distress, including de-escalation and crisis intervention; and (iv) best practices for referring persons subject to extreme risk protection orders and associated victims of violence to social service providers that may be available in the jurisdiction and appropriate for those individuals, including health care, mental health, substance abuse, and legal services, employment and vocational services, housing assistance, case management, and veterans and disability benefits. (B) Consultation with experts A recipient of a grant under this subsection, in developing law enforcement training required under subparagraph (A), shall seek advice from domestic violence service providers (including culturally specific (as defined in section 40002 of the Violence Against Women Act of 1994 ( 34 U.S.C. 12291 (5) Authorization of appropriations There are authorized to be appropriated such sums as are necessary to carry out this subsection. (c) Eligibility for extreme risk protection order grant program (1) Requirements Legislation described in this subsection is legislation that establishes requirements that are substantially similar to the following: (A) Petition for extreme risk protection order A petitioner, including a law enforcement officer, may submit a petition to a State or Tribal court, on a form designed by the court or a State or Tribal agency, that— (i) describes the facts and circumstances justifying that an extreme risk protection order be issued against the named individual; and (ii) is signed by the applicant, under oath. (B) Notice and due process The individual named in a petition for an extreme risk protection order as described in subparagraph (A) shall be given written notice of the petition and an opportunity to be heard on the matter in accordance with this paragraph. (C) Issuance of extreme risk protection orders (i) Hearing (I) In general Upon receipt of a petition described in subparagraph (A) or request of an individual named in such a petition, the court shall order a hearing to be held within a reasonable time, and not later than 30 days after the date of the petition or request. (II) Determination If the court finds at the hearing ordered under subclause (I), by a preponderance of the evidence or according to a higher evidentiary standard established by the State or Indian Tribe, that the respondent poses a danger of causing harm to self or others by having access to a firearm, the court may issue an extreme risk protection order. (ii) Duration of extreme risk protection order An extreme risk protection order shall be in effect— (I) until an order terminating or superseding the extreme risk protection order is issued; or (II) for a set period of time. (D) Ex parte extreme risk protection orders (i) In general Upon receipt of a petition described in subparagraph (A), the court may issue an ex parte extreme risk protection order, if— (I) the petition for an extreme risk protection order alleges that the respondent poses a danger of causing harm to self or others by having access to a firearm; and (II) the court finds there is probable cause to believe, or makes a finding according to a higher evidentiary standard established by the State or Indian Tribe, that the respondent poses a danger of causing harm to self or others by having access to a firearm. (ii) Duration of ex parte extreme risk protection order An ex parte extreme risk protection order shall remain in effect only until the hearing required under subparagraph (C)(i). (E) Storage of removed firearms (i) Availability for return All firearms removed or surrendered pursuant to an extreme risk protection order shall only be available for return to the named individual when the individual has regained eligibility under Federal and State law and, where applicable, Tribal law to possess firearms. (ii) Consent required for disposal or destruction Firearms owned by a named individual may not be disposed of or destroyed during the period of the extreme risk protection order without the consent of the named individual. (F) Notification (i) In general (I) Requirement A State or Tribal court that issues an extreme risk protection order shall notify the Attorney General or the comparable State or Tribal agency, as applicable, of the order as soon as practicable or within a designated period of time. (II) Form and manner A State or Tribal court shall submit a notification under subclause (I) in an electronic format, in a manner prescribed by the Attorney General or the comparable State or Tribal agency. (ii) Update of databases As soon as practicable or within the time period designated by State or Tribal law after receiving a notification under clause (i), the Attorney General or the comparable State or Tribal agency shall ensure that the extreme risk protection order is reflected in the National Instant Criminal Background Check System. (2) Additional provisions Legislation described in this subsection may— (A) provide procedures for the termination of an extreme risk protection order; (B) provide procedures for the renewal of an extreme risk protection order; (C) establish burdens and standards of proof for issuance of orders described in paragraph (1) that are substantially similar to or higher than the burdens and standards of proof set forth in that paragraph; (D) limit the individuals who may submit a petition described in paragraph (1), provided that, at a minimum, 1 or more law enforcement officers are authorized to do so; and (E) include any other authorizations or requirements that the State or Tribal authorities determine appropriate. (3) Annual report Not later than 1 year after the date on which an eligible entity receives a grant under subsection (b), and annually thereafter for the duration of the grant period, the entity shall submit to the Attorney General a report that includes, with respect to the preceding year— (A) the number of petitions for ex parte extreme risk protection orders filed, as well as the number of such orders issued and the number denied, disaggregated by— (i) the jurisdiction; (ii) the individual authorized under State or Tribal law to petition for an extreme risk protection order, including the relationship of the individual to the respondent; and (iii) the alleged danger posed by the respondent, including whether the danger involved a risk of suicide, unintentional injury, domestic violence, or other interpersonal violence; (B) the number of petitions for extreme risk protection orders filed, as well as the number of such orders issued and the number denied, disaggregated by— (i) the jurisdiction; (ii) the individual authorized under State or Tribal law to petition for an extreme risk protection order, including the relationship of the individual to the respondent; and (iii) the alleged danger posed by the respondent, including whether the danger involved a risk of suicide, unintentional injury, domestic violence, or other interpersonal violence; (C) the number of petitions for renewals of extreme risk protection orders filed, as well as the number of such orders issued and the number denied; (D) the number of cases in which a court imposed a penalty for false reporting or frivolous petitions; (E) demographic data of petitioners, including race, ethnicity, national origin, sex, gender, age, disability, and English language proficiency, if available; (F) demographic data of respondents, including race, ethnicity, national origin, sex, gender, age, disability, and English language proficiency, if available; and (G) the number of firearms removed, if available. 3. Federal firearms prohibition Section 922 of title 18, United States Code, is amended— (1) in subsection (d)— (A) by redesignating paragraphs (10) and (11) as paragraphs (11) and (12), respectively; (B) by inserting after paragraph (9) the following: (10) is subject to a court order that— (A) was issued after a hearing of which such person received actual notice, and at which such person had an opportunity to participate; (B) prevents such person from possessing or receiving firearms; and (C) includes a finding that such person poses a danger of harm to self or others. ; and (C) in paragraph (12), as so redesignated, by striking (10) (11) (2) in subsection (g)— (A) in paragraph (8)(C)(ii), by striking or (B) in paragraph (9), by striking the comma at the end and inserting ; or (C) by inserting after paragraph (9) the following: (10) is subject to a court order that— (A) was issued after a hearing of which such person received actual notice, and at which such person had an opportunity to participate; (B) prevents such person from possessing or receiving firearms; and (C) includes a finding that such person poses a danger of harm to self or others, . 4. Identification records Section 534 of title 28, United States Code, is amended— (1) in subsection (a)— (A) by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively; and (B) by inserting after paragraph (3) the following: (4) acquire, collect, classify, and preserve records from Federal, Tribal, and State courts and other agencies identifying individuals subject to extreme risk protection orders, as defined in section 2(a) of the Extreme Risk Protection Order Expansion Act of 2023 ; (2) in subsection (b)— (A) by striking (a)(5) (a)(6) (B) by striking (a)(4) (a)(5) (3) by adding at the end the following: (g) Extreme risk protection orders in national crime information databases A Federal, Tribal, or State criminal justice agency or criminal or civil court may— (1) include extreme risk protection orders, as defined in section 2(a) of the Extreme Risk Protection Order Expansion Act of 2023 (2) have access to information regarding extreme risk protection orders through the national crime information databases. . 5. Conforming amendment Section 3(1) of the NICS Improvement Amendments Act of 2007 ( 34 U.S.C. 40903(1) section 922(g)(8) paragraph (8) or (10) of section 922(g) 6. Full faith and credit (a) Definitions In this section, the terms extreme risk protection order Indian Tribe State (b) Full faith and credit required Any extreme risk protection order issued under a State or Tribal law enacted in accordance with this Act shall be accorded the same full faith and credit by the court of another State or Indian Tribe (referred to in this subsection as the enforcing State or Indian Tribe (c) Applicability to extreme risk protection orders (1) In general Subsection (b) shall apply to an extreme risk protection order issued by a State or Tribal court if— (A) the court has jurisdiction over the parties and matter under the law of the State or Indian Tribe; and (B) reasonable notice and opportunity to be heard is given to the person against whom the order is sought sufficient to protect that person’s right to due process. (2) Ex parte extreme risk protection orders For purposes of paragraph (1)(B), in the case of an ex parte extreme risk protection order, notice and opportunity to be heard shall be provided within the time required by State or Tribal law, and in any event within a reasonable time after the order is issued, sufficient to protect the due process rights of the respondent. (d) Tribal court jurisdiction For purposes of this section, a court of an Indian Tribe shall have full civil jurisdiction to issue and enforce an extreme risk protection order involving any person, including the authority to enforce any order through civil contempt proceedings, to exclude violators from Indian land, and to use other appropriate mechanisms, in matters arising anywhere in the Indian country (as defined in section 1151 of title 18, United States Code) of the Indian Tribe or otherwise within the authority of the Indian Tribe. 7. Severability If any provision of this Act or amendment made by this Act, or the application of such provision or amendment to any person or circumstance, is held to be invalid, the remaining provisions of this Act and amendments made by this Act, or the application of such provision or amendment to other persons or circumstances, shall not be affected. 8. Effective date This Act and the amendments made by this Act shall take effect on the date that is 180 days after the date of enactment of this Act.

Extreme Risk Protection Order Expansion Act of 2023

IDB Transparency Act This bill directs the U.S. Executive Director at the Inter-American Development Bank (IDB) to act to reduce China's influence and to promote greater transparency about China's role in the IDB. Specifically, the U.S. Executive Director must vote and advocate to reduce the influence of China's government and Chinese companies at the IDB, including by opposing any IDB funding or projects that (1) are at least 10% funded by China or Chinese companies, and (2) present risks to U.S. national interests. Additionally, the U.S. Executive Director must vote against and take other actions to oppose the acquisition of IDB stock by China or Chinese companies. The bill also directs the Department of the Treasury to provide Congress with a report on China's influence at the IDB, including an action plan to reduce Chinese involvement in IDB projects. If the report is not provided within 180 days of the bill's enactment, the U.S. Executive Director must vote against or act to prevent a quorum for any vote related to the IDB budget until the IDB takes available steps to provide to Treasury the information needed for the report.

118 S2470 IS: IDB Transparency Act U.S. Senate 2023-07-25 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 2470 IN THE SENATE OF THE UNITED STATES July 25, 2023 Mr. Hagerty Mr. Menendez Mr. Rubio Mr. Kaine Committee on Foreign Relations A BILL To increase transparency regarding the activities, and reduce the malign influence of, the People’s Republic of China in the Inter-American Development Bank, and for other purposes. 1. Short title This Act may be cited as the IDB Transparency Act 2. Report on influence of the People’s Republic of China at the Inter-American Development Bank (a) In general Within 180 days after the date of the enactment of this Act, the Secretary of the Treasury, in consultation with the Secretary of State, shall submit to the appropriate congressional committees a report that includes the following: (1) The scope and scale of the influence of the PRC and PRC companies in the IDB, including in— (A) the organization and personnel of the IDB; (B) IDB governance and transparency; (C) the financing of the IDB; (D) determinations around which projects to fund or finance; (E) deliberations regarding the involvement or membership of Taiwan in the IDB; and (F) any other modes through which the PRC or PRC companies influence the IDB. (2) A complete list of all projects of the IDB that include financing or funding from the PRC, PRC companies, or PRC trust funds created at the IDB since the PRC joined the IDB as a member country on January 12, 2009, including— (A) the title and identification number of the project; (B) a description of the project; (C) the location of the project; (D) the amount of funding or financing initially allocated for the project; (E) the amount of funding or financing disbursed under the project; (F) a summary of the status of the implementation of the project; and (G) a description of any incidents in which funding or financing for a project has been disbursed, but has not been implemented or completed. (3) A complete list of the projects of the IDB in which PRC companies participate, whether through direct or indirect procurement or other contracting, including— (A) the title and identification number of the project; (B) a description of the project; (C) the location of the project; (D) the amount of funding or financing initially allocated for the project; (E) the amount of funding or financing disbursed under the project; (F) the name of the participating PRC companies and, in the case of each such company, whether the participation consists of direct or indirect procurement or other contracting; (G) the amount of funding or financing received by the PRC companies under the project; (H) a summary of the work conducted by the PRC companies as part of direct or indirect procurement or other contracting; and (I) a description of any incidents in which the PRC companies received funding or financing as part of a direct or indirect procurement or other contracting, but required work has not been implemented or completed. (4) A full review of projects described in paragraphs (2) and (3) to assess whether any of the projects featured any human rights abuses, delays, corruption, or poor results, and an analysis of the procurement practices involved in the projects. (5) The extent to which— (A) the IDB uses equipment or services produced by technology providers covered by section 2 of the Secure and Trusted Communications Networks Act of 2019 or PRC companies on the list of entities set forth in Supplement No. 4 to part 744 of the Export Administration Regulations, set forth in subchapter C of chapter VII of title 15, Code of Federal Regulations, or any successor regulations; or (B) projects funded or financed by the IDB use technology provided by the providers or entities. (6) A review of how and to what extent the PRC has used the IDB to, within IDB member countries— (A) spread the diplomatic, economic, and military influence of the PRC; (B) promote the adoption and use of technologies of PRC companies; and (C) promote the preferred values of the PRC. (7) An action plan for the Executive Director to work to reduce the involvement of the PRC and PRC companies in the IDB and projects funded or financed by the IDB, as determined under this subsection. (8) The extent to which PRC persons sanctioned by the United States serve in leadership or management positions in PRC companies working on IDB-funded or IDB-financed projects. (9) The extent to which the PRC has used its voice, vote, and influence in the IDB to promote the interests of the PRC at the expense of regional development interests. (10) A summary of the in-depth reviews conducted under section 3(a)(2)(A) of this Act. (11) A list of IDB projects funded by the PRC or PRC companies assessed to pose a risk to United States interests due to their proximity to a cooperative security location, a United States military installation outside the contiguous United States, or a military installation of a partner or ally of the United States. (b) Subsequent reports Within 2 years after the Secretary submits the report required by subsection (a), and every 2 years thereafter for 8 years, the Secretary shall submit to the appropriate congressional committees a report that includes— (1) any updates to information included in all reports submitted under subsection (a); and (2) any new information related to the matters described in subsection (a). (c) Format The reports required under subsections (a) and (b) shall be submitted to the appropriate congressional committees in unclassified form, but may include a classified annex. (d) Public availability Not earlier than 60 days, and not later than 90 days, after the Secretary submits a report required by subsection (a) or (b), the Secretary shall post an unclassified summary of the report on a public-facing web page of the Department of the Treasury and the Secretary of State shall post such summary on a public-facing web page of the Department of State. 3. Required use of United States voice, vote, and influence at the Inter-American Development Bank (a) In general The Secretary of the Treasury shall instruct the United States Executive Director at the Inter-American Development Bank to use the voice, vote, and influence of the United States to do the following: (1) Facilitate greater IDB transparency about the role of the PRC and PRC companies in the IDB, including by fostering a more open release policy toward working papers, past evaluations, and other IDB documents. (2) Reduce the influence of the PRC and PRC companies in all IDB deliberations, activities, and projects, including by— (A) conducting an in-depth review of all projects, financing, loans, and grants in which at least 10 percent of— (i) the funding or financing for such a project, financing, loan, or grant comes from the PRC or PRC companies; or (ii) the value of direct or indirect procurements or other contracting for such a project, financing, loan, or grant is provided to PRC companies; and (B) voting against or taking action to prevent a quorum for all votes related to— (i) any project, financing, loan, or grant for which the in-depth review required in subparagraph (A) determines presents risks to United States national interests; and (ii) any project, financing, loan, or grant that would include the participation of PRC trust funds created with the IDB. (3) Beginning 180 days after date of the enactment of this Act, if the Secretary has failed to submit the report required by section 2, vote against, or take action to prevent a quorum for all votes related to, IDB budgets until the IDB takes available steps to provide the Secretary with the information required for the Secretary to prepare and submit the report. (4) Vote against, or withhold quorum for all votes related to, the issuance, sale, or transfer of additional shares of stock in the IDB to the PRC. (b) Waiver The Secretary may waive the requirements of subsection (a)(3) on a case-by-case basis if the Secretary certifies and reports to the appropriate congressional committees before the waiver is exercised that the waiver would serve a national interest of the United States or address basic human needs. 4. Definitions In this Act: (1) Appropriate congressional committees The term appropriate congressional committees (A) the Committee on Foreign Relations of the Senate; and (B) the Committee on Financial Services of the House of Representatives. (2) Executive Director The term Executive Director (3) IDB The term IDB (4) PRC The term PRC (A) means the People’s Republic of China; and (B) includes any and all Special Administrative Regions of China, including Hong Kong and Macau but not including Taiwan. (5) PRC companies The term PRC companies (6) Secretary The term Secretary

IDB Transparency Act

Workplace Choice and Flexibility for Individuals with Disabilities Act This bill modifies the definition of competitive integrated employment for individuals with disabilities under the Rehabilitation Act of 1973, particularly with respect to (1) types of workplace interactions, and (2) payment for employment under certain contracts. Current law provides for certain resources to assist individuals with disabilities in securing or maintaining competitive integrated employment.

118 S2475 IS: Workplace Choice and Flexibility for Individuals with Disabilities Act U.S. Senate 2023-07-25 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 2475 IN THE SENATE OF THE UNITED STATES July 25, 2023 Mr. Johnson Committee on Health, Education, Labor, and Pensions A BILL To amend the Rehabilitation Act of 1973 to clarify the definition of competitive integrated employment. 1. Short title This Act may be cited as the Workplace Choice and Flexibility for Individuals with Disabilities Act 2. Clarification of definition of competitive integrated employment Section 7(5) of the Rehabilitation Act of 1973 ( 29 U.S.C. 705(5) (1) in subparagraph (B)— (A) by striking not including including social and interpersonal interactions with colleagues, vendors, customers, superiors, or such other persons as the employee may come into contact with during the work day and across workplace settings, other than (B) by inserting before the semicolon at the end the following: , except that such interactions shall not be considered solely at the work unit level (C) by striking and (2) by striking the period at the end of subparagraph (C) and inserting ; and (3) by adding at the end the following: (D) for which an individual may have been paid— (i) by a contractor— (I) of the Federal Government under a contract with the Federal Government for which priority was given to the contractor on the basis of the bid of the contractor involving supporting employment for individuals with disabilities; or (II) of a State government under a contract with the State government for which priority was given to the contractor on the basis of the bid of the contractor involving supporting employment for individuals with disabilities; (ii) by a subcontractor at any tier of a contractor— (I) of the Federal Government under a subcontract for which priority was given to the subcontractor on the basis of the bid of the subcontractor involving supporting employment for individuals with disabilities; or (II) of a State government under a subcontract for which priority was given to the subcontractor on the basis of the bid of the subcontractor involving supporting employment for individuals with disabilities; or (iii) under a contract mandating a direct labor-hour ratio of individuals with disabilities. . 3. Rule of construction Nothing in the amendments made by this Act shall be construed to reduce the number of jobs available for referral by a State agency or other entity. 4. Sense of Congress It is the sense of Congress that jobs at a location described in paragraph (5)(B) of section 7 of the Rehabilitation Act of 1973 ( 29 U.S.C. 705 (1) for purposes of defining competitive integrated employment under paragraph (5) of that section, to be considered part of the competitive labor market; and (2) for purposes of defining an employment outcome under that section, to be considered to be such an employment outcome.

Workplace Choice and Flexibility for Individuals with Disabilities Act

Mental Health for Latinos Act of 2023 This bill requires the Substance Abuse and Mental Health Services Administration to develop and implement an outreach and education strategy regarding behavioral health issues among the Hispanic and Latino populations. The strategy must be designed to promote behavioral and mental health and reduce stigma associated with mental health conditions and substance abuse among such populations.

118 S2476 IS: Mental Health for Latinos Act of 2023 U.S. Senate 2023-07-25 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 2476 IN THE SENATE OF THE UNITED STATES July 25, 2023 Mr. Padilla Mr. Menendez Committee on Health, Education, Labor, and Pensions A BILL To amend the Public Health Service Act to provide for a behavioral and mental health outreach and education strategy to reduce stigma associated with mental health among the Hispanic and Latino population, and for other purposes. 1. Short title This Act may be cited as the Mental Health for Latinos Act of 2023 2. Hispanic and Latino behavioral and mental health outreach and education strategy Part D of title V of the Public Health Service Act ( 42 U.S.C. 290dd et seq. 553. Behavioral and mental health outreach and education strategy (a) In general The Secretary, acting through the Assistant Secretary, shall, in coordination with advocacy and behavioral and mental health organizations serving populations of Hispanic and Latino individuals or communities, develop and implement an outreach and education strategy to promote behavioral and mental health and reduce stigma associated with mental health conditions and substance abuse among the Hispanic and Latino populations. Such strategy shall— (1) be designed to— (A) meet the diverse cultural and language needs of the various Hispanic and Latino populations; and (B) be developmentally and age-appropriate; (2) increase awareness of symptoms of mental illnesses common among such populations, taking into account differences within subgroups, such as gender, gender identity, age, sexual orientation, or race or ethnicity, of such populations; (3) provide information on evidence-based, culturally and linguistically appropriate and adapted interventions and treatments; (4) ensure full participation of, and engage, both consumers and community members in the development and implementation of materials; (5) seek to broaden the perspective among both individuals in Hispanic and Latino communities and stakeholders serving such communities to use a comprehensive public health approach to promoting behavioral health that addresses a holistic view of health by focusing on the intersection between behavioral and physical health; and (6) address the impact of the SARS–CoV–2 pandemic on the mental and behavioral health of the Hispanic and Latino populations. (b) Reports Beginning not later than 1 year after the date of the enactment of this section and annually thereafter, the Secretary, acting through the Assistant Secretary, shall submit to Congress, and make publicly available, a report on the extent to which the strategy developed and implemented under subsection (a) improved behavioral and mental health outcomes associated with mental health conditions and substance abuse among Hispanic and Latino populations. (c) Authorization of appropriations There is authorized to be appropriated to carry out this section $1,000,000 for fiscal year 2024. .

Mental Health for Latinos Act of 2023

Mighty Eighth Air Force National Museum Act This bill designates the National Museum of the Mighty Eighth Air Force located at 175 Bourne Avenue, Pooler, Georgia (or any successor location), as the official National Museum of the Mighty Eighth Air Force of the United States.

118 S2478 IS: Mighty Eighth Air Force National Museum Act U.S. Senate 2023-07-25 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 2478 IN THE SENATE OF THE UNITED STATES July 25, 2023 Mr. Warnock Mr. Cornyn Committee on Energy and Natural Resources A BILL To designate the National Museum of the Mighty Eighth Air Force in Pooler, Georgia, as the official National Museum of the Mighty Eighth Air Force in the United States. 1. Short title This Act may be cited as the Mighty Eighth Air Force National Museum Act 2. Designation of National Museum of the Mighty Eighth Air Force (a) Designation The National Museum of the Mighty Eighth Air Force located at 175 Bourne Avenue, Pooler, Georgia (or any successor location), is designated as the official National Museum of the Mighty Eighth Air Force of the United States (referred to in this section as the National Museum (b) Relation to National Park System The National Museum shall not be included as a unit of the National Park System. (c) Rule of construction This section shall not be construed to appropriate, or authorize the appropriation of, Federal funds for any purpose related to the National Museum.

Mighty Eighth Air Force National Museum Act

Apprenticeship Hubs Across America Act of 2023 This bill requires the Department of Labor to implement a program to award grants to workforce intermediaries (certain national, regional, state, or local entities that facilitate the establishment of registered apprenticeship programs) to enable them to engage a variety of stakeholders to support, develop, and implement registered apprenticeship programs.

118 S249 IS: Apprenticeship Hubs Across America Act of 2023 U.S. Senate 2023-02-02 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 249 IN THE SENATE OF THE UNITED STATES February 2, 2023 Mr. Coons Mr. Young Mr. Moran Mr. Brown Committee on Health, Education, Labor, and Pensions A BILL To promote registered apprenticeships, including registered apprenticeships within in-demand industry sectors, through the support of workforce intermediaries, and for other purposes. 1. Short title This Act may be cited as the Apprenticeship Hubs Across America Act of 2023 2. Findings Congress finds the following: (1) Registered apprenticeship programs provide apprentices employment with structured on-the-job training, little to no student loan debt, competitive wages, industry-recognized credentials, direct access to jobs and careers, and in some cases, the potential to earn college credit toward an associate’s or bachelor’s degree. (2) According to the Department of Labor, the average salary for an individual who completes an apprenticeship program is $77,000 annually. Apprentices who complete their program earn approximately $300,000 more during their career than peers who did not complete an apprenticeship. (3) There are still very few apprenticeship positions in sectors with high projected job growth. According to data from the Department of Labor, professional, scientific, and technical services—all industries with high projected job growth—had only 1,897 apprentices in fiscal year 2021. In the same year, there were less than 14,000 active apprentices in the field of healthcare and social assistance, one of the fastest growing sectors. (4) A major barrier to expanding registered apprenticeships in high-growth job sectors is employers’ lack of familiarity with the process to establish, and the requirements of, registered apprenticeship programs. (5) Workforce intermediaries, which are organizations at the national, regional, State, or local level that help ease the process for employers in developing and delivering new registered apprenticeship programs, can serve as a catalyzing force for creating and expanding registered apprenticeships in high-growth job sectors through technical assistance and capacity building for employers, labor organizations, educational institutions, and government entities. 3. Definitions In this Act: (1) Apprenticeship The term apprenticeship (2) In-demand industry sector The term in-demand industry sector 29 U.S.C. 3102(23) (3) Institution of higher education The term institution of higher education 20 U.S.C. 1001 (4) Local board The term local board 29 U.S.C. 3102 (5) Nontraditional apprenticeship occupation The term nontraditional apprenticeship occupation (6) Registered apprenticeship program The term registered apprenticeship program National Apprenticeship Act 29 U.S.C. 50 et seq. (7) Secretary The term Secretary (8) State board The term State board 29 U.S.C. 3102 (9) Workforce intermediary The term workforce intermediary (A) (i) facilitates the establishment of registered apprenticeship programs; or (ii) if awarded a grant under this Act, has the capacity, and will work, to facilitate the establishment of registered apprenticeship programs; and (B) may be a partnership that includes 1 or more of the following as partners: (i) A business or industry organization. (ii) A community-based organization. (iii) A joint labor-management partnership. (iv) An institution of higher education. (v) A State board or local board. (vi) A nonprofit organization. (vii) An industry or sector partnership as defined in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 (viii) An industry association. (ix) A joint labor-management organization. (x) A consortium of organizations that provide technical assistance to support and to increase the development of registered apprenticeship programs. (xi) Any other entity that the Secretary considers to be appropriate. 4. Workforce intermediaries grant program (a) Establishment From amounts made available to carry out this Act, the Secretary shall establish and carry out a workforce intermediaries grant program by awarding grants, on a competitive basis, to workforce intermediaries, to enable the workforce intermediaries to engage a variety of stakeholders, such as local boards, secondary schools, institutions of higher education, and employers, to support, develop, and implement registered apprenticeship programs in accordance with section 6. (b) Duration A grant awarded under this Act shall be for a period of not more than 4 years. (c) Amount A grant awarded under this Act shall be in an amount of not more than $6,000,000, and such amount shall be determined based on the relative number of apprentices a workforce intermediary plans to facilitate. (d) Geographic diversity In awarding grants under this Act, the Secretary shall ensure that there is geographic diversity in the areas in which activities will be carried out under the grants. (e) Matching funds A workforce intermediary receiving a grant under this Act shall provide matching funds, from non-Federal sources, for the activities supported under the grant. The matching funds shall be in an amount that is not less than 20 percent of the amount of grant funds provided under the grant. 5. Applications (a) In general A workforce intermediary desiring a grant under this Act shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (b) Contents The application described in subsection (a) shall include— (1) information regarding— (A) in the case of a workforce intermediary described in section 3(9)(A)(i), the extent to which the workforce intermediary is working, as of the date of the application, with stakeholders to provide activities such as the activities described in section 6; or (B) in the case of a workforce intermediary described in section 3(9)(A)(ii), the capacity of the workforce intermediary to begin providing activities described in section 6 upon receipt of the grant, including information demonstrating that the workforce intermediary would be successful in carrying out such activities; (2) information regarding the extent to which the grant will help the workforce intermediary— (A) expand apprenticeships for in-demand industry sectors that lack apprenticeships at the time of the application; or (B) target populations that are underrepresented— (i) in apprenticeships generally; or (ii) in the fields in which the apprentices will be trained; (3) assurances that— (A) the workforce intermediary will cooperate in the evaluation of the project conducted under section 7; and (B) the workforce intermediary will meet the matching requirement under section 4(e); (4) information about the workforce intermediary's— (A) experience in providing activities described in section 6 and capacity, or ability to develop or expand capacity, to provide such activities; (B) experience working in a collaborative environment with government and nongovernmental entities; (C) ability to raise or provide funding to cover operating costs for the long-term sustainability of the activities supported under the grant; and (D) capacity and infrastructure to track outcomes and measure results, including capacity to track and analyze program performance and assess program impact; and (5) information describing how the workforce intermediary will promote the diversity described in section 6(b)(1)(F). 6. Use of funds (a) In general A workforce intermediary that receives a grant under this Act shall use the grant funds to carry out activities, which may include activities described in subsection (b) or other strategies as may be necessary, that support the development and successful implementation of registered apprenticeship programs. (b) Suggested uses A workforce intermediary may carry out subsection (a) through 1 or more of the following activities, as determined appropriate by the Secretary: (1) Outreach and marketing A workforce intermediary may provide services to engage employers in registered apprenticeship programs, which may include— (A) marketing apprenticeships regionally, to employers and to potential apprentices; (B) marketing apprenticeships to secondary school students, counselors, school administrators, or parents; (C) recruiting and evaluating candidates for apprenticeships; (D) conducting outreach to employers to persuade the employers to adopt the apprenticeship model; (E) matching employers with apprentices; and (F) promoting diversity among apprentices by promoting outreach to underrepresented populations (such as women and minorities), youth, individuals with disabilities (as defined in section 3 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12102 (2) Employer engagement The workforce intermediary may provide services to engage employers in, and develop curricula for, registered apprenticeship programs, which may include assisting a small or medium-sized employer with— (A) designing a curriculum for a registered apprenticeship program that blends occupation-specific skills and general industry skills; (B) designing a comprehensive training plan for apprentices; (C) navigating the registration process for the registered apprenticeship program; (D) identifying skills, both technical and behavioral, needed to perform the occupation in question; (E) providing training to managers and front-line employees to serve as trainers or mentors to apprentices in the registered apprenticeship program; (F) paying for the cost of off-site training provided to apprentices; (G) coordinating activities between training instructors and worksite supervisors of apprentices; (H) conducting or arranging for off-the-job training related to the apprenticeship; (I) convening employers to define skills for the registered apprenticeship program; and (J) developing occupational standards that are nationally recognized and portable to help guide employers and sponsors in establishing new registered apprenticeship programs. (3) Support services for apprentices The workforce intermediary may provide support services for apprentices to assure their success in, and after, registered apprenticeship programs, which may include— (A) providing guidance to, mentorship to, and oversight of apprentices during the program, to ensure retention and completion; (B) providing services to address challenges that surface for apprentices during the apprenticeship; (C) providing professional development training needed for apprentices to succeed in a full-time job after the apprenticeship; (D) providing post-apprenticeship job counseling and job placement services; (E) coordinating pre-apprenticeship training or off-the-job training related to the occupation involved in the apprenticeship; and (F) arranging for an institution of higher education to provide training courses. (4) Local and national support for registered apprenticeships The workforce intermediary may support registered apprenticeship programs locally and nationally, which may include— (A) developing national guidelines and standards for registered apprenticeships in non-traditional apprenticeship occupations; (B) connecting multi-region efforts for registered apprenticeship programs; (C) documenting best practices in operating a workforce intermediary; and (D) providing the ongoing infrastructure to support apprenticeships in an industry. (c) Emphasis on in-Demand registered apprenticeship programs In carrying out activities under a grant under this Act, the workforce intermediary receiving the grant shall place an emphasis on supporting registered apprenticeship programs that lead to skilled jobs and wages in in-demand industry sectors. 7. Performance and evaluation (a) Performance progress reports to the Secretary (1) In General The Secretary shall require each workforce intermediary receiving a grant under this Act to submit performance progress reports at such time, in such manner, and containing such information as the Secretary may require. (2) Elements Each self-evaluation performance report described in paragraph (1) shall include, at a minimum— (A) the goals, plans, and accomplishments of the workforce intermediary; (B) how grant funds have been used; and (C) how the workforce intermediary has furthered the purposes described in section 4(a). (b) Evaluations (1) In general The Secretary shall conduct an evaluation of each workforce intermediary that receives a grant under this Act 6 years after the date on which funds for the grant are first disbursed. (2) Contents of evaluation The evaluation described in paragraph (1) shall include a critical analysis of the workforce intermediary— (A) by addressing topics such as— (i) the goals of the workforce intermediary; (ii) the core competency training offered by the workforce intermediary, without regard as to whether such training was supported by grant funds; (iii) the structure of the wage progression or career ladder for each registered apprenticeship program established or supported by the workforce intermediary; (iv) the major recruitment sources of apprentices for the workforce intermediary; (v) information on how apprentices are selected by the workforce intermediary; (vi) the recruitment challenges that the workforce intermediary faces; (vii) the demographic and educational characteristics of apprentices supported by the workforce intermediary; (viii) the structure of the workforce intermediary, including the number of staff employed by the workforce intermediary; (ix) the factors that contribute to a workforce intermediary’s sustainability and replicability; and (x) the number of apprenticeships facilitated by the workforce intermediary and the occupations involved in the apprenticeships; and (B) that evaluates the workforce intermediary using information on— (i) the levels of performance achieved by the workforce intermediary with respect to the performance indicators under section 116(b)(2)(A) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3141(b)(2)(A) (ii) the completion rates for apprentices in each registered apprenticeship program supported by the workforce intermediary; (iii) job retention of apprentices, based on 1 year after completing the registered apprenticeship program supported by the workforce intermediary; (iv) the income level of jobs obtained by apprentices after completing the apprenticeship program; and (v) the occupations in in-demand industry sectors, and nontraditional apprenticeship occupations, that the workforce intermediary has successfully served through the grant by creating registered apprenticeship programs in those occupations. (3) Scope of evaluation In conducting the evaluation under paragraph (1), the Secretary shall, to the fullest extent practicable, limit the evaluation to the efforts of the workforce intermediary supported under this Act, but shall also consider all of the efforts of the workforce intermediary to support registered apprenticeship programs. (4) Report By not later than 90 days after the evaluation is completed, the Secretary shall prepare and submit to the workforce intermediary, and make publicly available, a report that will contain— (A) the results of the evaluation, including the topics and information described in paragraph (2); and (B) recommendations on how to further improve the outcomes of the workforce intermediary. (c) Renewal The Secretary shall use the performance progress reports and the results of an evaluation under this section for a project to determine whether to renew a grant for the workforce intermediary for that project. 8. Workshops; best practices The Secretary shall use not more than 5 percent of the funds made available under this Act to— (1) plan and conduct workshops throughout the United States to instruct interested organizations on how to create workforce intermediaries on a national, State, or local level, and navigate the grant process described in this Act; and (2) disseminate best practices on effective development and implementation of registered apprenticeship programs through workforce intermediaries. 9. Authorization of appropriations There is authorized to be appropriated to carry out this Act $25,000,000 for each of fiscal years 2024 through 2028.

Apprenticeship Hubs Across America Act of 2023

Wall Street Tax Act of 2023 This bill imposes a 0.1% excise tax on certain purchases of stocks, bonds, and derivatives. The tax applies to the purchase of a security if (1) such purchase occurs on, or is subject to the rules of, a qualified board or exchange located in the United States; or (2) the purchaser or seller is a U.S. person. The tax applies to transactions with respect to a derivative if (1) the derivative is traded on, or is subject to the rules of, a qualified board or exchange located in the United States; or (2) any party with rights under the derivative is a U.S. person. The bill exempts from such tax (1) initial issues of securities; and (2) any note, bond, debenture, or other evidence of indebtedness which is traded on or is subject to the rules of, a qualified board or exchange located in the United States, and has a fixed maturity of not more than 100 days. The tax applies to transactions by a controlled foreign corporation and must be paid by its U.S. shareholders.

118 S2491 IS: Wall Street Tax Act of 2023 U.S. Senate 2023-07-25 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 2491 IN THE SENATE OF THE UNITED STATES July 25, 2023 Mr. Schatz Mr. Van Hollen Ms. Warren Mr. Merkley Mr. Whitehouse Mr. Fetterman Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to impose a tax on certain trading transactions. 1. Short title This Act may be cited as the Wall Street Tax Act of 2023 2. Transaction tax (a) In general Chapter 36 C Tax on Trading Transactions Sec. 4475. Tax on trading transactions. Sec. 4476. Derivative defined. 4475. Tax on trading transactions (a) Imposition of tax There is hereby imposed a tax on each covered transaction with respect to any security. (b) Rate of tax The tax imposed under subsection (a) with respect to any covered transaction shall be 0.1 percent of the specified base amount with respect to such covered transaction. (c) Specified base amount For purposes of this section, the term specified base amount (1) except as provided in paragraph (2), the fair market value of a security (determined as of the time of the covered transaction), and (2) in the case of any payment with respect to a derivative, the amount of such payment. (d) Covered transaction For purposes of this section— (1) In general The term covered transaction (A) except as provided in subparagraph (B), any purchase if— (i) such purchase occurs on, or is subject to the rules of, a qualified board or exchange located in the United States, or (ii) the purchaser or seller is a United States person, and (B) any transaction with respect to a derivative if— (i) such derivative is traded on, or is subject to the rules of, a qualified board or exchange located in the United States, or (ii) any party with rights under such derivative is a United States person. (2) Exception for initial issues No tax shall be imposed under subsection (a) on any covered transaction with respect to the initial issuance of any security described in subparagraph (A), (B), or (C) of subsection (e)(1). (e) Definitions and special rules For purposes of this section— (1) Security For purposes of this section, the term security (A) any share of stock in a corporation, (B) any partnership or beneficial ownership interest in a partnership or trust, (C) except as provided in paragraph (2), any note, bond, debenture, or other evidence of indebtedness, and (D) any derivative (as defined in section 4476). (2) Exception for certain traded short-term indebtedness A note, bond, debenture, or other evidence of indebtedness which— (A) is traded on, or is subject to the rules of, a qualified board or exchange located in the United States, and (B) has a fixed maturity of not more than 100 days, shall not be treated as described in paragraph (1)(C). (3) Qualified board or exchange The term qualified board or exchange (f) By whom paid (1) In general The tax imposed by this section shall be paid by— (A) in the case of a transaction which occurs on, or is subject to the rules of, a qualified board or exchange located in the United States, such qualified board or exchange, and (B) in the case of a purchase not described in subparagraph (A) which is executed by a broker (as defined in section 6045(c)(1)) which is a United States person, such broker. (2) Special rules for direct, etc., transactions In the case of any transaction to which paragraph (1) does not apply, the tax imposed by this section shall be paid by— (A) in the case of a transaction described in subsection (d)(1)(A)— (i) the purchaser if the purchaser is a United States person, and (ii) the seller if the purchaser is not a United States person, and (B) in the case of a transaction described in subsection (d)(1)(B)— (i) the payor if the payor is a United States person, and (ii) the payee if the payor is not a United States person. (g) Treatment of exchanges and payments with respect to derivatives For purposes of this section— (1) Treatment of exchanges (A) In general An exchange shall be treated as the sale of the property transferred and a purchase of the property received by each party to the exchange. (B) Certain deemed exchanges In the case of a distribution treated as an exchange for stock under section 302 or 331, the corporation making such distribution shall be treated as having purchased such stock for purposes of this section. (2) Payments with respect to derivatives treated as separate transactions Except as otherwise provided by the Secretary, any payment with respect to any derivative shall be treated as a separate transaction for purposes of this section. (h) Application to transactions by controlled foreign corporations (1) In general For purposes of this section, a controlled foreign corporation shall be treated as a United States person. (2) Special rules for payment of tax on direct, etc., transactions In the case of any transaction which is a covered transaction solely by reason of paragraph (1) and which is not described in subsection (f)(1)— (A) Payment by United States shareholders Any tax which would (but for this paragraph) be payable under subsection (f)(2) by the controlled foreign corporation shall, in lieu thereof, be paid by the United States shareholders of such controlled foreign corporation as provided in subparagraph (B). (B) Pro rata shares Each such United States shareholder shall pay the same proportion of such tax as— (i) the stock which such United States shareholder owns (within the meaning of section 958(a)) in such controlled foreign corporation, bears to (ii) the stock so owned by all United States shareholders in such controlled foreign corporation. (C) Definitions For purposes of this subsection, the terms United States shareholder controlled foreign corporation (i) Administration The Secretary shall carry out this section in consultation with the Securities and Exchange Commission and the Commodity Futures Trading Commission. (j) Guidance; regulations The Secretary shall— (1) provide guidance regarding such information reporting concerning covered transactions as the Secretary deems appropriate, and (2) prescribe such regulations as are necessary or appropriate to prevent avoidance of the purposes of this section, including the use of non-United States persons in such transactions. 4476. Derivative defined (a) In general For purposes of this subchapter, except as otherwise provided in this section, the term derivative (1) Any share of stock in a corporation. (2) Any partnership or beneficial ownership interest in a partnership or trust. (3) Any evidence of indebtedness. (4) Except as provided in subsection (b)(1), any real property. (5) Any commodity which is actively traded (within the meaning of section 1092(d)(1)). (6) Any currency. (7) Any rate, price, amount, index, formula, or algorithm. (8) Any other item as the Secretary may prescribe. Except as provided in regulations prescribed by the Secretary to prevent the avoidance of the purposes of this subchapter, such term shall not include any item described in paragraphs (1) through (8). (b) Exceptions (1) Certain real property (A) In general For purposes of this subchapter, the term derivative (B) Options to settle in cash (i) In general For purposes of subparagraph (A), a contract which provides for an option of cash settlement shall not be treated as requiring physical delivery of real property unless the option is— (I) not exercisable unconditionally, and (II) exercisable only in unusual and exceptional circumstances. (ii) Option of cash settlement For purposes of clause (i), a contract provides an option of cash settlement if the contract settles in (or could be settled in) cash or property other than the underlying real property. (2) Securities lending, sale-repurchase, and similar financing transactions To the extent provided by the Secretary, for purposes of this subchapter, the term derivative (3) Options received in connection with the performance of services For purposes of this subchapter, the term derivative (4) Insurance contracts, annuities, and endowments For purposes of this subchapter, the term derivative (5) Derivatives with respect to stock of members of same worldwide affiliated group (A) In general For purposes of this subchapter, the term derivative (B) Worldwide affiliated group For purposes of this paragraph, the term worldwide affiliated group (i) the includible members of an affiliated group (as defined in section 1504(a), determined without regard to paragraph (2) of section 1504(b)), and (ii) all controlled foreign corporations in which such members in the aggregate meet the ownership requirements of section 1504(a)(2) either directly or indirectly through applying paragraph (2) of section 958(a) or through applying rules similar to the rules of such paragraph to stock owned directly or indirectly by domestic partnerships, trusts, or estates. (6) Commodities used in normal course of trade or business For purposes of this subchapter, the term derivative (A) such contract requires physical delivery with the option of cash settlement only in unusual and exceptional circumstances, and (B) such commodity is used (and is used in quantities with respect to which such derivative relates) in the normal course of the taxpayer’s trade or business (or, in the case of an individual, for personal consumption). (c) Contracts with embedded derivative components (1) In general If a contract has derivative and nonderivative components, then each derivative component shall be treated as a derivative for purposes of this subchapter. If the derivative component cannot be separately valued, then the entire contract shall be treated as a derivative for purposes of this subchapter. (2) Exception for certain embedded derivative components of debt instruments A debt instrument shall not be treated as having a derivative component merely because— (A) such debt instrument is denominated in a nonfunctional currency (as defined in section 988(c)(1)(C)(ii)), or (B) payments with respect to such debt instrument are determined by reference to the value of a nonfunctional currency (as so defined). (d) Treatment of American Depository Receipts and similar instruments Except as otherwise provided by the Secretary, for purposes of this subchapter, American depository receipts (and similar instruments) with respect to shares of stock in foreign corporations shall be treated as shares of stock in such foreign corporations. . (b) Information reporting with respect to controlled foreign corporations Section 6038(a)(1)(B) of such Code is amended by inserting and transactions which are covered transactions for purposes of section 4475 by reason of the application of section 4475(h)(1) to such corporation (c) Conforming amendment The table of subchapters for chapter 36 of such Code is amended by inserting after the item relating to subchapter B the following new item: Subchapter C. Tax on trading transactions. . (d) Effective date The amendments made by this section shall apply to transactions after December 31, 2023.

Wall Street Tax Act of 2023

Assault Weapons Ban of 2023 This bill makes it a crime to knowingly import, sell, manufacture, transfer, or possess a semiautomatic assault weapon (SAW) or large capacity ammunition feeding device (LCAFD). The prohibition does not apply to a firearm that is (1) manually operated by bolt, pump, lever, or slide action, except for certain shotguns; (2) permanently inoperable; (3) an antique; (4) only capable of firing rimfire ammunition; or (5) a rifle or shotgun specifically identified by make and model. The bill also exempts from the prohibition the following, with respect to a SAW or LCAFD: importation, sale, manufacture, transfer, or possession related to certain law enforcement efforts, or authorized tests or experiments; importation, sale, transfer, or possession related to securing nuclear materials; and possession by a retired law enforcement officer. The bill permits continued possession, sale, or transfer of a grandfathered SAW, which must be securely stored. A licensed gun dealer must conduct a background check prior to the sale or transfer of a grandfathered SAW between private parties. The bill permits continued possession of, but prohibits sale or transfer of, a grandfathered LCAFD. Newly manufactured LCAFDs must display serial number identification. Newly manufactured SAWs and LCAFDs must display the date of manufacture. The bill also allows a state or local government to use Edward Byrne Memorial Justice Assistance Grant Program funds to compensate individuals who surrender a SAW or LCAFD under a buy-back program.

118 S25 IS: Assault Weapons Ban of 2023 U.S. Senate 2023-01-23 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 25 IN THE SENATE OF THE UNITED STATES January 23 (legislative day, January 3), 2023 Mrs. Feinstein Ms. Baldwin Mr. Bennet Mr. Blumenthal Mr. Booker Mr. Brown Mr. Cardin Mr. Carper Mr. Casey Mr. Coons Ms. Duckworth Mr. Durbin Mr. Fetterman Mrs. Gillibrand Ms. Hassan Mr. Hickenlooper Ms. Hirono Mr. Kaine Ms. Klobuchar Mr. Luján Mr. Markey Mr. Menendez Mr. Merkley Mr. Murphy Mrs. Murray Mr. Padilla Mr. Reed Ms. Rosen Mr. Sanders Mr. Schatz Mr. Schumer Mrs. Shaheen Ms. Smith Ms. Stabenow Mr. Van Hollen Mr. Warner Ms. Warren Mr. Welch Mr. Warnock Mr. Whitehouse Mr. Wyden Committee on the Judiciary A BILL To regulate assault weapons, to ensure that the right to keep and bear arms is not unlimited, and for other purposes. 1. Short title This Act may be cited as the Assault Weapons Ban of 2023 2. Definitions (a) In general Section 921(a) of title 18, United States Code, is amended by adding at the end the following: (38) The term semiautomatic pistol (A) utilizes a portion of the energy of a firing cartridge to extract the fired cartridge case and chamber the next round; and (B) requires a separate pull of the trigger to fire each cartridge. (39) The term semiautomatic shotgun (A) utilizes a portion of the energy of a firing shell to extract the fired shell casing and chamber the next round; and (B) requires a separate pull of the trigger to fire each shell. (40) The term semiautomatic assault weapon (A) A semiautomatic rifle that— (i) has the capacity to accept a detachable ammunition feeding device; and (ii) has any 1 of the following: (I) A pistol grip. (II) A forward grip. (III) A folding, telescoping, or detachable stock, or a stock that is otherwise foldable or adjustable in a manner that operates to reduce the length, size, or any other dimension, or otherwise enhances the concealability, of the weapon. (IV) A grenade launcher. (V) A barrel shroud. (VI) A threaded barrel. (B) A semiautomatic rifle that has a fixed ammunition feeding device with the capacity to accept more than 10 rounds, except for an attached tubular device designed to accept, and capable of operating only with, .22 caliber rimfire ammunition. (C) Any part, combination of parts, component, device, attachment, or accessory that is designed or functions to accelerate the rate of fire of a semiautomatic firearm but not convert the semiautomatic firearm into a machinegun. (D) A semiautomatic pistol that— (i) has an ammunition feeding device that is not a fixed ammunition feeding device; and (ii) has any 1 of the following: (I) A threaded barrel. (II) A second pistol grip. (III) A barrel shroud. (IV) The capacity to accept a detachable ammunition feeding device at some location outside of the pistol grip. (V) A semiautomatic version of an automatic firearm. (VI) A manufactured weight of 50 ounces or more when unloaded. (VII) A buffer tube, stabilizing brace or similar component that protrudes horizontally behind the pistol grip, and is designed or redesigned to allow or facilitate a firearm to be fired from the shoulder. (E) A semiautomatic pistol with a fixed ammunition feeding device that has the capacity to accept more than 10 rounds. (F) A semiautomatic shotgun that— (i) has the capacity to accept a detachable ammunition feeding device or a fixed ammunition feeding device that has the capacity to accept more than 5 rounds; and (ii) has any 1 of the following: (I) A folding, telescoping, or detachable stock. (II) A pistol grip or bird's head grip. (III) A forward grip. (IV) A grenade launcher. (G) Any shotgun with a revolving cylinder. (H) All of the following rifles, copies, duplicates, variants, or altered facsimiles with the capability of any such weapon thereof: (i) All AK types, including the following: (I) AK, AK47, AK47S, AK–74, AKM, AKS, ARM, MAK90, MISR, NHM90, NHM91, Rock River Arms LAR–47, SA85, SA93, Vector Arms AK–47, VEPR, WASR–10, and WUM. (II) IZHMASH Saiga AK. (III) MAADI AK47 and ARM. (IV) Norinco 56S, 56S2, 84S, and 86S. (V) Poly Technologies AK47 and AKS. (VI) SKS with a detachable ammunition feeding device. (ii) All AR types, including the following: (I) AR–10. (II) AR–15. (III) Alexander Arms Overmatch Plus 16. (IV) Armalite M15 22LR Carbine. (V) Armalite M15–T. (VI) Barrett REC7. (VII) Beretta AR–70. (VIII) Black Rain Ordnance Recon Scout. (IX) Bushmaster ACR. (X) Bushmaster Carbon 15. (XI) Bushmaster MOE series. (XII) Bushmaster XM15. (XIII) Chiappa Firearms MFour rifles. (XIV) Colt Match Target rifles. (XV) CORE Rifle Systems CORE15 rifles. (XVI) Daniel Defense M4A1 rifles. (XVII) Devil Dog Arms 15 Series rifles. (XVIII) Diamondback DB15 rifles. (XIX) DoubleStar AR rifles. (XX) DPMS Tactical rifles. (XXI) DSA Inc. ZM–4 Carbine. (XXII) Heckler & Koch MR556. (XXIII) High Standard HSA–15 rifles. (XXIV) Jesse James Nomad AR–15 rifle. (XXV) Knight’s Armament SR–15. (XXVI) Lancer L15 rifles. (XXVII) MGI Hydra Series rifles. (XXVIII) Mossberg MMR Tactical rifles. (XXIX) Noreen Firearms BN 36 rifle. (XXX) Olympic Arms. (XXXI) POF USA P415. (XXXII) Precision Firearms AR rifles. (XXXIII) Remington R–15 rifles. (XXXIV) Rhino Arms AR rifles. (XXXV) Rock River Arms LAR–15. (XXXVI) Sig Sauer SIG516 rifles and MCX rifles. (XXXVII) Smith & Wesson M&P15 rifles. (XXXVIII) Stag Arms AR rifles. (XXXIX) Sturm, Ruger & Co. SR556 and AR–556 rifles. (XL) Uselton Arms Air-Lite M–4 rifles. (XLI) Windham Weaponry AR rifles. (XLII) WMD Guns Big Beast. (XLIII) Yankee Hill Machine Company, Inc. YHM–15 rifles. (iii) Barrett M107A1. (iv) Barrett M82A1. (v) Beretta CX4 Storm. (vi) Calico Liberty Series. (vii) CETME Sporter. (viii) Daewoo K–1, K–2, Max 1, Max 2, AR 100, and AR 110C. (ix) Fabrique Nationale/FN Herstal FAL, LAR, 22 FNC, 308 Match, L1A1 Sporter, PS90, SCAR, and FS2000. (x) Feather Industries AT–9. (xi) Galil Model AR and Model ARM. (xii) Hi-Point Carbine. (xiii) HK–91, HK–93, HK–94, HK–PSG–1, and HK USC. (xiv) IWI TAVOR, Galil ACE rifle. (xv) Kel-Tec Sub-2000, SU–16, and RFB. (xvi) SIG AMT, SIG PE–57, Sig Sauer SG 550, Sig Sauer SG 551, and SIG MCX. (xvii) Springfield Armory SAR–48. (xviii) Steyr AUG. (xix) Sturm, Ruger & Co. Mini-14 Tactical Rifle M–14/20CF. (xx) All Thompson rifles, including the following: (I) Thompson M1SB. (II) Thompson T1100D. (III) Thompson T150D. (IV) Thompson T1B. (V) Thompson T1B100D. (VI) Thompson T1B50D. (VII) Thompson T1BSB. (VIII) Thompson T1–C. (IX) Thompson T1D. (X) Thompson T1SB. (XI) Thompson T5. (XII) Thompson T5100D. (XIII) Thompson TM1. (XIV) Thompson TM1C. (xxi) UMAREX UZI rifle. (xxii) UZI Mini Carbine, UZI Model A Carbine, and UZI Model B Carbine. (xxiii) Valmet M62S, M71S, and M78. (xxiv) Vector Arms UZI Type. (xxv) Weaver Arms Nighthawk. (xxvi) Wilkinson Arms Linda Carbine. (I) All of the following pistols, copies, duplicates, variants, or altered facsimiles with the capability of any such weapon thereof: (i) All AK types, including the following: (I) Centurion 39 AK pistol. (II) CZ Scorpion pistol. (III) Draco AK–47 pistol. (IV) HCR AK–47 pistol. (V) IO Inc. Hellpup AK–47 pistol. (VI) Krinkov pistol. (VII) Mini Draco AK–47 pistol. (VIII) PAP M92 pistol. (IX) Yugo Krebs Krink pistol. (ii) All AR types, including the following: (I) American Spirit AR–15 pistol. (II) Bushmaster Carbon 15 pistol. (III) Chiappa Firearms M4 Pistol GEN II. (IV) CORE Rifle Systems CORE15 Roscoe pistol. (V) Daniel Defense MK18 pistol. (VI) DoubleStar Corporation AR pistol. (VII) DPMS AR–15 pistol. (VIII) Jesse James Nomad AR–15 pistol. (IX) Olympic Arms AR–15 pistol. (X) Osprey Armament MK–18 pistol. (XI) POF USA AR pistols. (XII) Rock River Arms LAR 15 pistol. (XIII) Uselton Arms Air-Lite M–4 pistol. (iii) Calico pistols. (iv) DSA SA58 PKP FAL pistol. (v) Encom MP–9 and MP–45. (vi) Heckler & Koch model SP–89 pistol. (vii) Intratec AB–10, TEC–22 Scorpion, TEC–9, and TEC–DC9. (viii) IWI Galil Ace pistol, UZI PRO pistol. (ix) Kel-Tec PLR 16 pistol. (x) All MAC types, including the following: (I) MAC–10. (II) MAC–11. (III) Masterpiece Arms MPA A930 Mini Pistol, MPA460 Pistol, MPA Tactical Pistol, and MPA Mini Tactical Pistol. (IV) Military Armament Corp. Ingram M–11. (V) Velocity Arms VMAC. (xi) Sig Sauer P556 pistol. (xii) Sites Spectre. (xiii) All Thompson types, including the following: (I) Thompson TA510D. (II) Thompson TA5. (xiv) All UZI types, including Micro-UZI. (J) All of the following shotguns, copies, duplicates, variants, or altered facsimiles with the capability of any such weapon thereof: (i) DERYA Anakon MC–1980, Anakon SD12. (ii) Doruk Lethal shotguns. (iii) Franchi LAW–12 and SPAS 12. (iv) All IZHMASH Saiga 12 types, including the following: (I) IZHMASH Saiga 12. (II) IZHMASH Saiga 12S. (III) IZHMASH Saiga 12S EXP–01. (IV) IZHMASH Saiga 12K. (V) IZHMASH Saiga 12K–030. (VI) IZHMASH Saiga 12K–040 Taktika. (v) Streetsweeper. (vi) Striker 12. (K) All belt-fed semiautomatic firearms, including TNW M2HB and FN M2495. (L) Any combination of parts from which a firearm described in subparagraphs (A) through (K) can be assembled. (M) The frame or receiver of a rifle or shotgun described in subparagraph (G), (H), (J), or (K). (41) The term large capacity ammunition feeding device (A) means a magazine, belt, drum, feed strip, or similar device, including any such device joined or coupled with another in any manner, that has an overall capacity of, or that can be readily restored, changed, or converted to accept, more than 10 rounds of ammunition; and (B) does not include an attached tubular device designed to accept, and capable of operating only with, .22 caliber rimfire ammunition. . (b) Related definitions Section 921(a) of title 18, United States Code, as amended by this Act, is amended by adding at the end the following: (42) The term barrel shroud (A) means a shroud that is attached to, or partially or completely encircles, the barrel of a firearm so that the shroud protects the user of the firearm from heat generated by the barrel; and (B) does not include— (i) a slide that partially or completely encloses the barrel; or (ii) an extension of the stock along the bottom of the barrel which does not encircle or substantially encircle the barrel. (43) The term detachable ammunition feeding device (44) The term fixed ammunition feeding device (45) The term folding, telescoping, or detachable stock (46) The term forward grip (47) The term grenade launcher (48) The term permanently inoperable (49) The term pistol grip (50) The term threaded barrel (51) The term qualified law enforcement officer (52) The term grandfathered semiautomatic assault weapon (53) The term belt-fed semiautomatic firearm (A) utilizes a portion of the energy of a firing cartridge to extract the fired cartridge case and chamber the next round; (B) requires a separate pull of the trigger to fire each cartridge; and (C) has the capacity to accept a belt ammunition feeding device. . 3. Restrictions on assault weapons and large capacity ammunition feeding devices (a) In general Section 922 of title 18, United States Code, is amended— (1) by inserting after subsection (u) the following: (v) (1) It shall be unlawful for a person to import, sell, manufacture, transfer, or possess, in or affecting interstate or foreign commerce, a semiautomatic assault weapon. (2) Paragraph (1) shall not apply to the possession, sale, or transfer of any semiautomatic assault weapon otherwise lawfully possessed under Federal law on the date of enactment of the Assault Weapons Ban of 2023 (3) Paragraph (1) shall not apply to any firearm that— (A) is manually operated by bolt, pump, lever, or slide action, except for a shotgun described in section 921(a)(40)(G); (B) has been rendered permanently inoperable; (C) is an antique firearm, as defined in section 921 of this title; or (D) is only capable of firing rimfire ammunition. (4) Paragraph (1) shall not apply to— (A) the importation for, manufacture for, sale to, transfer to, or possession by— (i) the United States, or a department or agency of the United States; or (ii) a State, or a department, agency, or political subdivision of a State; (B) the sale to, transfer to, or possession by a qualified law enforcement officer employed by— (i) the United States, or a department or agency of the United States; or (ii) a State, or a department, agency, or political subdivision of a State, for purposes of law enforcement (whether on or off duty); (C) the sale to, transfer to, or possession by a campus law enforcement officer for purposes of law enforcement (whether on or off duty); (D) the importation for, or sale or transfer to a licensee under title I of the Atomic Energy Act of 1954 ( 42 U.S.C. 2011 et seq. (E) the possession, by an individual who is retired in good standing from service with a law enforcement agency and is not otherwise prohibited from receiving a firearm, of a semiautomatic assault weapon— (i) sold or transferred to the individual by the agency upon such retirement; or (ii) that the individual purchased, or otherwise obtained, for official use before such retirement; (F) the importation, sale, manufacture, transfer, or possession of a semiautomatic assault weapon by a licensed manufacturer or licensed importer for the purposes of testing or experimentation authorized by the Attorney General; or (G) the importation, sale, manufacture, transfer, or possession of a firearm specified in Appendix A to this section, as such firearm was manufactured on the date of introduction of the Assault Weapons Ban of 2023 (5) For purposes of paragraph (4)(C), the term campus law enforcement officer (A) employed by a private institution of higher education that is eligible for funding under title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. (B) responsible for the prevention or investigation of crime involving injury to persons or property, including apprehension or detention of persons for such crimes; (C) authorized by Federal, State, or local law to carry a firearm, execute search warrants, and make arrests; and (D) recognized, commissioned, or certified by a government entity as a law enforcement officer. (6) The Attorney General shall establish and maintain, in a timely manner, a record of the make, model, and, if available, date of manufacture of any semiautomatic assault weapon which the Attorney General is made aware has been used in relation to a crime under Federal or State law, and the nature and circumstances of the crime involved, including the outcome of relevant criminal investigations and proceedings. The Attorney General shall annually submit a copy of the record established under this paragraph to the Congress and make the record available to the general public. (w) (1) It shall be unlawful for a person to import, sell, manufacture, transfer, or possess, in or affecting interstate or foreign commerce, a large capacity ammunition feeding device. (2) Paragraph (1) shall not apply to the possession of any large capacity ammunition feeding device otherwise lawfully possessed on or before the date of enactment of the Assault Weapons Ban of 2023 (3) Paragraph (1) shall not apply to— (A) the importation for, manufacture for, sale to, transfer to, or possession by— (i) the United States, or a department or agency of the United States; or (ii) a State, or a department, agency, or political subdivision of a State; (B) the sale to, transfer to, or possession by a qualified law enforcement officer employed by— (i) the United States, or a department or agency of the United States; or (ii) a State, or a department, agency, or political subdivision of a State, for purposes of law enforcement (whether on or off duty); (C) the sale to, transfer to, or possession by a campus law enforcement officer for purposes of law enforcement (whether on or off duty); (D) the importation for, or sale or transfer to a licensee under title I of the Atomic Energy Act of 1954 ( 42 U.S.C. 2011 et seq. (E) the possession, by an individual who is retired in good standing from service with a law enforcement agency and is not otherwise prohibited from receiving ammunition, of a large capacity ammunition feeding device— (i) sold or transferred to the individual by the agency upon such retirement; or (ii) that the individual purchased, or otherwise obtained, for official use before such retirement; or (F) the importation, sale, manufacture, transfer, or possession of any large capacity ammunition feeding device by a licensed manufacturer or licensed importer for the purposes of testing or experimentation authorized by the Attorney General. (4) For purposes of paragraph (4)(C), the term campus law enforcement officer (A) employed by a private institution of higher education that is eligible for funding under title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. (B) responsible for the prevention or investigation of crime involving injury to persons or property, including apprehension or detention of persons for such crimes; (C) authorized by Federal, State, or local law to carry a firearm, execute search warrants, and make arrests; and (D) recognized, commissioned, or certified by a government entity as a law enforcement officer. ; and (2) by adding at the end the following: (aa) Secure storage or safety device requirement for grandfathered semiautomatic assault weapons It shall be unlawful for any person, other than a licensed importer, licensed manufacturer, or licensed dealer, to store or keep under the dominion or control of that person any grandfathered semiautomatic assault weapon that the person knows, or has reasonable cause to believe, will be accessible to an individual prohibited from receiving or possessing a firearm under subsection (g), (n), or (x), or any provision of State law, unless the grandfathered semiautomatic assault weapon is— (1) carried on the person, or within such close proximity that the person can readily retrieve and use the grandfathered semiautomatic assault weapon as if the grandfathered semiautomatic assault weapon were carried on the person; or (2) locked by a secure gun storage or safety device that the prohibited individual has no ability to access. . (b) Identification markings for semiautomatic assault weapons Section 923(i) of title 18, United States Code, is amended by adding at the end the following: The serial number of any semiautomatic assault weapon manufactured after the date of enactment of the Assault Weapons Ban of 2023 (c) Identification markings for large capacity ammunition feeding devices Section 923(i) of title 18, United States Code, as amended by this Act, is amended by adding at the end the following: A large capacity ammunition feeding device manufactured after the date of enactment of the Assault Weapons Ban of 2023 (d) Seizure and forfeiture of large capacity ammunition feeding devices Subsection (d) of section 924 of title 18, United States Code, is amended— (1) in paragraph (1)— (A) by inserting or large capacity ammunition feeding device firearm or ammunition (B) by inserting or large capacity ammunition feeding device firearms or ammunition (C) by striking or (k) (k), (r), (v), or (w) (2) in paragraph (2)(C), by inserting or large capacity ammunition feeding devices firearms or quantities of ammunition (3) in paragraph (3)(E), by inserting 922(r), 922(v), 922(w), 922(n), (e) Appendix A Section 922 of title 18, United States Code, is amended by adding at the end the following: Appendix A—Firearms exempted by the Assault Weapons Ban of 2023 Centerfire Rifles—Autoloaders Benelli R1 Rifle Browning BAR Mark II Safari Magnum Rifle Browning BAR Mark II Safari Semi-Auto Rifle Browning BAR Stalker Rifles Browning High-Power Rifle Browning Longtrac Rifle Browning Shorttrac Rifle Heckler & Koch HK630 Heckler & Koch HK770 Heckler & Koch HK940 Heckler & Koch Model 300 Rifle Heckler & Koch SL7 Rifle Iver Johnson 50th Anniversary M–1 Carbine (w/o folding stock) Iver Johnson M–1 Carbine (w/o folding stock) M–1 Carbines with standard fixed stock M–1 Garand with fixed 8 round capacity and standard stock Marlin Model 9 Camp Carbine Marlin Model 45 Carbine Remington Model 74 Remington Model 81 Remington Model 740 Remington Model 742 Remington Model 750 Synthetic Remington Model 750 Woodmaster Remington Model 7400 Rifle Remington Model 7400 Special Purpose Auto Rifle Remington Nylon 66 Auto-Loading Rifle Ruger Mini 30 Ruger Mini-14 (w/o folding or telescoping stock or pistol grip) Ruger PC4 Ruger PC9 SKS type rifles with fixed 10 round magazine and standard fixed stock Winchester Model SXR Centerfire Rifles—Lever & Slide Action Arms Timber Wolf Pump Action Beretta 1873 Renegade Lever Action Beretta Gold Rush Slide Action Big Horn Armory Model 89 Browning BLR Model 181 Lever Action, All Models Browning BPR Pump Rifle Browning Model 53 Lever Action Browning Model 65 Grade 1 Lever Action Rifle Browning Model 71 Rifle and Carbine Browning Model 81 BLR Browning Model 81 BLR Lever-Action Rifle Browning Model 81 Long Action BLR Browning Model 1886 High Grade Carbine Browning Model 1886 Lever-Action Carbine Browning Model B–92 Carbine Charles Daly Model 1892 Lever Action, All Models Chiappa 1886 Lever Action Rifles Cimarron 1860 Henry Replica Cimarron 1866 Winchester Replicas Cimarron 1873 30″ Express Rifle Cimarron 1873 Short Rifle Cimarron 1873 Sporting Rifle Cimarron 1873 Winchester Replicas Dixie Engraved 1873 Rifle Dixie Lightning Rifle and Carbines E.M.F. 1860 Henry Rifle E.M.F. 1866 Yellowboy Lever Actions E.M.F. Model 73 Lever-Action Rifle E.M.F. Model 1873 Lever Actions Henry .30/30 Lever Action Carbine Henry Big Boy .357 Magnum Henry Big Boy .44 Magnum Henry Big Boy .45 Colt Henry Big Boy Deluxe Engraved .44 Magnum Henry Big Boy Deluxe Engraved .45 Colt Marlin Model 30AS Lever-Action Carbine Marlin Model 62 Lever Action Marlin Model 93 Lever Action Marlin Model 308MX Marlin Model 308MXLR Marlin Model 336 Deluxe Marlin Model 336C Marlin Model 336CS Lever-Action Carbine Marlin Model 336DL Lever Action Marlin Model 336SS Marlin Model 336W Marlin Model 336XLR Marlin Model 338MX Marlin Model 338MXLR Marlin Model 444 Marlin Model 444 Lever-Action Marlin Model 444XLR Marlin Model 1894 Marlin Model 1894 Cowboy Marlin Model 1894 Lever Action, All Models Marlin Model 1894C Marlin Model 1894CL Classic Marlin Model 1894CS Carbine Marlin Model 1894S Lever-Action Carbine Marlin Model 1894SS Marlin Model 1895 Marlin Model 1895 Cowboy Marlin Model 1895 Lever Action, All Models Marlin Model 1895G Marlin Model 1895GS Marlin Model 1895M Marlin Model 1895MXLR Marlin Model 1895SBL Marlin Model 1895SS Lever-Action Rifle Marlin Model 1895XLR Marlin XLR Lever Action Rifles Mitchell 1858 Henry Replica Mitchell 1866 Winchester Replica Mitchell 1873 Winchester Replica Mossberg 464 Lever Action Rifle Mossberg Model 472 Lever Action Mossberg Model 479 Lever Action Navy Arms 1866 Yellowboy Rifle Navy Arms 1873 Sporting Rifle Navy Arms 1873 Winchester-Style Rifle Navy Arms 1892 Short Rifle Navy Arms Henry Carbine Navy Arms Henry Trapper Navy Arms Iron Frame Henry Navy Arms Military Henry Rifle Puma Bounty Hunter Rifle Puma Model 92 Rifles & Carbines Remington 7600 Slide Action Remington Model 6 Pump Action Remington Model 14, 14 1/2 Remington Model 141 Pump Action Remington Model 760 Slide Actions Remington Model 7600 Special Purpose Slide Action Remington Model 7600 Synthetic Remington Model 7615 Camo Hunter Remington Model 7615 Ranch Carbine Remington Model 7615 SPS Rossi M92 SRC Saddle-Ring Carbine Rossi M92 SRS Short Carbine Rossi R92 Lever Action Carbines Ruger Model 96/44 Lever Action Savage 99C Lever-Action Rifle Savage Model 170 Pump Action Taurus Thunderbolt Pump Action Taylor’s & CO., Inc. 1865 Spencer Carbine/Rifle Taylor’s & CO., Inc. 1892 Carbine/Rifle U.S. Fire Arms Standard Lightning Magazine Rifle Uberti 1866 Sporting Rifle Uberti 1873 Sporting Rifle Uberti 1876 Rifle Uberti 1883 Burgess Lever Action Rifle/Carbine Uberti Henry Rifle Uberti Lightning Rifle/Carbine Winchester Lever Actions, All Other Center Fire Models Winchester Model 94 Big Bore Side Eject Winchester Model 94 Ranger Side Eject Lever-Action Rifle Winchester Model 94 Side Eject Lever-Action Rifle Winchester Model 94 Trapper Side Eject Winchester Model 94 Wrangler Side Eject Winchester Model 1895 Safari Centennial Centerfire Rifles—Bolt Action Accurate Arms Raptor & Backpack Bolt Action Rifles Alpine Bolt-Action Rifle Anschutz 1700D Bavarian Bolt-Action Rifle Anschutz 1700D Classic Rifles Anschutz 1700D Custom Rifles Anschutz 1733D Mannlicher Rifle Arnold Arms African Safari & Alaskan Trophy Rifles A-Square Caesar Bolt-Action Rifle A-Square Genghis Khan Bolt Action Rifle A-Square Hamilcar Bolt Action Rifle A-Square Hannibal Bolt-Action Rifle Auguste Francotte Bolt-Action Rifles Bansners Ultimate Bolt Action Rifles Beeman/HW 60J Bolt-Action Rifle Benton & Brown Firearms, Inc. Model 93 Bolt Action Rifle Blackheart International BBG Hunter Bolt Action Blackheart International LLC BBG Light Sniper Bolt Action Blaser R8 Professional Blaser R84 Bolt-Action Rifle Blaser R93 Bolt Action Rifle BRNO 537 Sporter Bolt-Action Rifle BRNO ZKB 527 Fox Bolt-Action Rifle BRNO ZKK 600, 601, 602 Bolt-Action Rifles Brown Precision Company Bolt Action Sporter Browning A-Bolt Gold Medallion Browning A-Bolt Left Hand Browning A-Bolt Micro Medallion Browning A-Bolt Rifle Browning A-Bolt Short Action Browning A-Bolt Stainless Stalker Browning Euro-Bolt Rifle Browning High-Power Bolt Action Rifle Browning X-Bolt Bolt Action Rifle Carbon One Bolt Action Rifle Carl Gustaf 2000 Bolt-Action Rifle Century Centurion 14 Sporter Century Enfield Sporter #4 Century M70 Sporter Century Mauser 98 Sporter Century Swedish Sporter #38 Cheytac M–200 Cheytac M70 Sporter Cooper Model 21 Bolt Action Rifle Cooper Model 22 Bolt Action Rifle Cooper Model 38 Centerfire Sporter Cooper Model 56 Bolt Action Rifle CZ 527 Bolt Action Rifles CZ 550 Bolt Action Rifles CZ 750 Sniper Rifle Dakota 22 Sporter Bolt-Action Rifle Dakota 76 Classic Bolt-Action Rifle Dakota 76 Safari Bolt-Action Rifle Dakota 76 Short Action Rifles Dakota 97 Bolt Action Rifle Dakota 416 Rigby African Dakota Predator Rifle DSA DS–MP1 Bolt Action Rifle E.A.A./Sabatti Rover 870 Bolt-Action Rifle EAA/Zastava M–93 Black Arrow Rifle Ed Brown Hunting and Model 704 Bolt Action Rifles Heym Bolt Action Rifles Heym Magnum Express Series Rifle Howa Bolt Action Rifles Howa Lightning Bolt-Action Rifle Howa Realtree Camo Rifle H–S Precision Bolt Action Rifles Interarms Mark X Bolt Action Rifles Interarms Mark X Viscount Bolt-Action Rifle Interarms Mark X Whitworth Bolt-Action Rifle Interarms Mini-Mark X Rifle Interarms Whitworth Express Rifle Iver Johnson Model 5100A1 Long-Range Rifle KDF K15 American Bolt-Action Rifle Kenny Jarrett Bolt Action Rifle Kimber Bolt Action Rifles Krico Model 600 Bolt-Action Rifle Krico Model 700 Bolt-Action Rifles Magnum Research Mount Eagle Rifles Marlin Model XL7 Marlin Model XL7C Marlin Model XL7L Marlin Model XL7W Marlin Model XS7 Marlin Model XS7C Marlin Model XS7Y Marlin XL–7/XS7 Bolt Action Rifles Mauser Model 66 Bolt-Action Rifle Mauser Model 99 Bolt-Action Rifle McMillan Classic Stainless Sporter McMillan Signature Alaskan McMillan Signature Classic Sporter McMillan Signature Super Varminter McMillan Signature Titanium Mountain Rifle McMillan Talon Safari Rifle McMillan Talon Sporter Rifle Merkel KR1 Bolt Action Rifle Midland 1500S Survivor Rifle Mossberg Model 100 ATR (All-Terrain Rifle) Navy Arms TU–33/40 Carbine Nosler Model 48 Varmint Rifle Parker Hale Bolt Action Rifles Parker-Hale Model 81 Classic African Rifle Parker-Hale Model 81 Classic Rifle Parker-Hale Model 1000 Rifle Parker-Hale Model 1100 Lightweight Rifle Parker-Hale Model 1100M African Magnum Parker-Hale Model 1200 Super Clip Rifle Parker-Hale Model 1200 Super Rifle Parker-Hale Model 1300C Scout Rifle Parker-Hale Model 2100 Midland Rifle Parker-Hale Model 2700 Lightweight Rifle Parker-Hale Model 2800 Midland Rifle Remington 700 ADL Bolt-Action Rifle Remington 700 BDL Bolt-Action Rifle Remington 700 BDL European Bolt-Action Rifle Remington 700 BDL Left Hand Remington 700 BDL SS Rifle Remington 700 BDL Varmint Special Remington 700 Camo Synthetic Rifle Remington 700 Classic Rifle Remington 700 Custom KS Mountain Rifle Remington 700 Mountain Rifle Remington 700 MTRSS Rifle Remington 700 Safari Remington 700 Stainless Synthetic Rifle Remington 700 Varmint Synthetic Rifle Remington Model 40–X Bolt Action Rifles Remington Model 700 Alaskan Ti Remington Model 700 Bolt Action Rifles Remington Model 700 CDL Remington Model 700 CDL Boone and Crockett Remington Model 700 CDL Left-Hand Remington Model 700 CDL SF Limited Edition Remington Model 700 LSS Remington Model 700 Mountain LSS Remington Model 700 Sendero SF II Remington Model 700 SPS Remington Model 700 SPS Buckmasters Edition Remington Model 700 SPS Buckmasters Edition ‘Young Bucks’ Youth Remington Model 700 SPS Stainless Remington Model 700 SPS Tactical Rifle Remington Model 700 SPS Varmint Remington Model 700 SPS Varmint (Left-Hand) Remington Model 700 SPS Youth Synthetic Left-Hand Remington Model 700 VL SS Thumbhole Remington Model 700 VLS Remington Model 700 VS SF II Remington Model 700 VTR Remington Model 700 XCR Remington Model 700 XCR Camo Remington Model 700 XCR Compact Tactical Rifle Remington Model 700 XCR Left-Hand Remington Model 700 XCR Tactical Long Range Rifle Remington Model 715 Remington Model 770 Remington Model 770 Bolt Action Rifles Remington Model 770 Stainless Camo Remington Model 770 Youth Remington Model 798 Remington Model 798 Safari Remington Model 798 SPS Remington Model 799 Remington Model Seven 25th Anniversary Remington Model Seven Bolt Action Rifles Remington Model Seven CDL Remington Model Seven Custom KS Remington Model Seven Custom MS Rifle Remington Model Seven Predator Remington Model Seven Youth Rifle Ruger M77 Hawkeye African Ruger M77 Hawkeye Alaskan Ruger M77 Hawkeye All-Weather Ruger M77 Hawkeye All-Weather Ultra Light Ruger M77 Hawkeye Compact Ruger M77 Hawkeye International Ruger M77 Hawkeye Laminate Compact Ruger M77 Hawkeye Laminate Left-Handed Ruger M77 Hawkeye Predator Ruger M77 Hawkeye Sporter Ruger M77 Hawkeye Standard Ruger M77 Hawkeye Standard Left-Handed Ruger M77 Hawkeye Tactical Ruger M77 Hawkeye Ultra Light Ruger M77 Mark II All-Weather Stainless Rifle Ruger M77 Mark II Express Rifle Ruger M77 Mark II Magnum Rifle Ruger M77 Mark II Rifle Ruger M77 Mark II Target Rifle Ruger M77 RSI International Carbine Ruger M77 Ruger Compact Magnum Ruger M77RL Ultra Light Ruger M77VT Target Rifle Ruger Model 77 Bolt Action Rifles Sako Bolt Action Rifles Sako Classic Bolt Action Sako Deluxe Lightweight Sako FiberClass Sporter Sako Hunter Left-Hand Rifle Sako Hunter LS Rifle Sako Hunter Rifle Sako Mannlicher-Style Carbine Sako Safari Grade Bolt Action Sako Super Deluxe Sporter Sako TRG–S Bolt-Action Rifle Sako Varmint Heavy Barrel Sauer 90 Bolt-Action Rifle Savage 16/116 Rifles Savage 110 Bolt Action Rifles Savage 110CY Youth/Ladies Rifle Savage 110F Bolt-Action Rifle Savage 110FP Police Rifle Savage 110FXP3 Bolt-Action Rifle Savage 110G Bolt-Action Rifle Savage 110GV Varmint Rifle Savage 110GXP3 Bolt-Action Rifle Savage 110WLE One of One Thousand Limited Edition Rifle Savage 112 Bolt Action Rifles Savage 112FV Varmint Rifle Savage 116 Bolt Action Rifles Savage 116FSS Bolt-Action Rifle Savage Axis Series Bolt Action Rifles Savage Model 10 Bolt Action Rifles Savage Model 10GXP Package Guns Savage Model 11/111 Series Bolt Action Rifles Savage Model 12 Series Rifles Savage Model 14/114 Rifles Savage Model 25 Bolt Action Rifles Savage Model 110GXP3 Package Guns Savage Model 112BV Heavy Barrel Varmint Rifle Savage Model 112FVS Varmint Rifle Savage Model 116FSK Kodiak Rifle Shilen Rifles Inc. DGA Bolt Action Rifles Smith & Wesson i-Bolt Rifle Steyr Scout Bolt Action Rifle Steyr SSG 69 PII Bolt Action Rifle Steyr SSG08 Bolt Action Rifle Steyr-Mannlicher Luxus Model L, M, S Steyr-Mannlicher Model M Professional Rifle Steyr-Mannlicher Sporter Models SL, L, M, S, S/T Thompson/Center ICON Bolt Action Rifles Thompson/Center Icon Classic Long Action Rifle Thompson/Center Icon Medium Action Rifle Thompson/Center Icon Precision Hunter Thompson/Center Icon Weather Shield Long Action Rifle Thompson/Center Icon Weather Shield Medium Action Rifle Thompson/Center Venture Tikka Bolt-Action Rifle Tikka Premium Grade Rifles Tikka T3 Bolt Action Rifles Tikka Varmint/Continental Rifle Tikka Whitetail/Battue Rifle Ultra Light Arms Model 20 Rifle Ultra Light Arms Model 24 Ultra Light Arms Model 28, Model 40 Rifles Voere Model 2155, 2150 Bolt-Action Rifles Voere Model 2165 Bolt-Action Rifle Voere VEC 91 Lightning Bolt-Action Rifle Weatherby Classicmark No. 1 Rifle Weatherby Lasermark V Rifle Weatherby Mark V Crown Custom Rifles Weatherby Mark V Deluxe Bolt-Action Rifle Weatherby Mark V Rifles Weatherby Mark V Safari Grade Custom Rifles Weatherby Mark V Sporter Rifle Weatherby Vanguard Bolt Action Rifles Weatherby Vanguard Classic No. 1 Rifle Weatherby Vanguard Classic Rifle Weatherby Vanguard VGX Deluxe Rifle Weatherby Vanguard Weatherguard Rifle Weatherby Weatherguard Alaskan Rifle Weatherby Weathermark Alaskan Rifle Weatherby Weathermark Rifle Weatherby Weathermark Rifles Wichita Classic Rifle Wichita Varmint Rifle Winchester Model 70 Bolt Action Rifles Winchester Model 70 Custom Sharpshooter Winchester Model 70 Custom Sporting Sharpshooter Rifle Winchester Model 70 DBM Rifle Winchester Model 70 DBM–S Rifle Winchester Model 70 Featherweight Winchester Model 70 Featherweight Classic Winchester Model 70 Featherweight WinTuff Winchester Model 70 Lightweight Rifle Winchester Model 70 SM Sporter Winchester Model 70 Sporter Winchester Model 70 Sporter WinTuff Winchester Model 70 Stainless Rifle Winchester Model 70 Super Express Magnum Winchester Model 70 Super Grade Winchester Model 70 Synthetic Heavy Varmint Rifle Winchester Model 70 Varmint Winchester Ranger Rifle Centerfire Rifles—Single Shot Armsport 1866 Sharps Rifle, Carbine Ballard Arms Inc. 1875 #3 Gallery Single Shot Rifle Ballard Arms Inc. 1875 #4 Perfection Rifle Ballard Arms Inc. 1875 #7 Long Range Rifle Ballard Arms Inc. 1875 #8 Union Hill rifle Ballard Arms Inc. 1875 1 1/2 Ballard Arms Inc. 1885 High Wall Sporting Rifle Ballard Arms Inc. 1885 Low Wall Single Shot Brown Model 97D Single Shot Rifle Brown Model One Single Shot Rifle Browning Model 1885 Single Shot Rifle C. Sharps Arms 1875 Target & Sporting Rifle C. Sharps Arms Custom New Model 1877 C. Sharps Arms New Model 1885 High Wall Rifle C. Sharps Arms 1874 Bridgeport Sporting Rifle C. Sharps Arms 1875 Classic Sharps C. Sharps Arms New Model 1874 Old Reliable C. Sharps Arms New Model 1875 Rifle C. Sharps Arms New Model 1875 Target & Long Range Cabela's 1874 Sharps Sporting Cimarron Billy Dixon 1874 Sharps Cimarron Model 1885 High Wall Cimarron Quigley Model 1874 Sharps Cimarron Silhouette Model 1874 Sharps Dakota Model 10 Single Shot Rifle Dakota Single Shot Rifle Desert Industries G–90 Single Shot Rifle Dixie Gun Works 1873 Trapdoor Rifle/Carbine Dixie Gun Works 1874 Sharps Rifles Dixie Gun Works Remington Rolling Block Rifles EMF Premier 1874 Sharps Harrington & Richardson Buffalo Classic Rifle (CR–1871) Harrington & Richardson CR 45–LC Harrington & Richardson Handi-Mag Rifle Harrington & Richardson Handi-Rifle Harrington & Richardson Handi-Rifle Compact Harrington & Richardson New England Hand-Rifle/Slug Gun Combos Harrington & Richardson Stainless Handi-Rifle Harrington & Richardson Stainless Ultra Hunter Thumbhole Stock Harrington & Richardson Superlight Handi-Rifle Compact Harrington & Richardson Survivor Rifle Harrington & Richardson Synthetic Handi-Rifle Harrington & Richardson Ultra Hunter Rifle Harrington & Richardson Ultra Varmint Fluted Harrington & Richardson Ultra Varmint Rifle Harrington & Richardson Ultra Varmint Thumbhole Stock Krieghoff Hubertus Single Shot Meacham High Wall Merkel K1 Lightweight Stalking Rifle Merkel K2 Custom Stalking Rifle Model 1885 High Wall Rifle Navy Arms #2 Creedmoor Rifle Navy Arms 1873 John Bodine Rolling Black Rifle Navy Arms 1873 Springfield Cavalry Carbine Navy Arms 1874 Sharps Rifles Navy Arms 1874 1885 High Wall Rifles Navy Arms Rolling Block Buffalo Rifle Navy Arms Sharps “Quigley” Rifle Navy Arms Sharps Cavalry Carbine Navy Arms Sharps Plains Rifle New England Firearms Handi-Rifle New England Firearms Sportster/Versa Pack Rifle New England Firearms Survivor Rifle Red Willow Armory Ballard No. 1.5 Hunting Rifle Red Willow Armory Ballard No. 4.5 Target Rifle Red Willow Armory Ballard No. 5 Pacific Red Willow Armory Ballard No. 8 Union Hill Rifle Red Willow Armory Ballard Rifles Remington Model Rolling Block Rifles Remington Model SPR18 Blued Remington Model SPR18 Nickel Remington Model SPR18 Single Shot Rifle Remington-Style Rolling Block Carbine Rossi Match Pairs Rifles Rossi Single Shot Rifles Rossi Wizard Ruger No. 1 RSI International Ruger No. 1 Stainless Sporter Ruger No. 1 Stainless Standard Ruger No. 1A Light Sporter Ruger No. 1B Single Shot Ruger No. 1H Tropical Rifle Ruger No. 1S Medium Sporter Ruger No. 1V Special Varminter Sharps 1874 Old Reliable Shiloh 1875 Rifles Shiloh Sharps 1874 Business Rifle Shiloh Sharps 1874 Long Range Express Shiloh Sharps 1874 Military Carbine Shiloh Sharps 1874 Military Rifle Shiloh Sharps 1874 Montana Roughrider Shiloh Sharps Creedmoor Target Thompson/Center Contender Carbine Thompson/Center Contender Carbine Survival System Thompson/Center Contender Carbine Youth Model Thompson/Center Encore Thompson/Center Stainless Contender Carbine Thompson/Center TCR ’87 Single Shot Rifle Thompson/Encore Rifles Traditions 1874 Sharps Deluxe Rifle Traditions 1874 Sharps Standard Rifle Traditions Rolling Block Sporting Rifle Uberti (Stoeger Industries) Sharps Rifles Uberti 1871 Rolling Block Rifle/Carbine Uberti 1874 Sharps Sporting Rifle Uberti 1885 High Wall Rifles Uberti Rolling Block Baby Carbine Uberti Springfield Trapdoor Carbine/Rifle Drillings, Combination Guns, Double Rifles A. Zoli Rifle-Shotgun O/U Combo Auguste Francotte Boxlock Double Rifle Auguste Francotte Sidelock Double Rifles Baikal IZH–94 Express Baikal MP94– (IZH–94) O/U Beretta Express SSO O/U Double Rifles Beretta Model 455 SxS Express Rifle Chapuis RGExpress Double Rifle CZ 584 SOLO Combination Gun CZ 589 Stopper O/U Gun Dakota Double Rifle Garbi Express Double Rifle Harrington & Richardson Survivor Harrington & Richardson Synthetic Handi-Rifle/Slug Gun Combo Heym Model 55B O/U Double Rifle Heym Model 55FW O/U Combo Gun Heym Model 88b Side-by-Side Double Rifle Hoenig Rotary Round Action Combination Rifle Hoenig Rotary Round Action Double Rifle Kodiak Mk. IV Double Rifle Kreighoff Teck O/U Combination Gun Kreighoff Trumpf Drilling Krieghoff Drillings Lebeau-Courally Express Rifle 5X5 Merkel Boxlock Double Rifles Merkel Drillings Merkel Model 160 Side-by-Side Double Rifles Merkel Over/Under Combination Guns Merkel Over/Under Double Rifles Remington Model SPR94 .410/Rimfire Remington Model SPR94 12 Gauge/Centerfire Rizzini Express 90L Double Rifle Savage 24F O/U Combination Gun Savage 24F–12T Turkey Gun Springfield Inc. M6 Scout Rifle/Shotgun Tikka Model 412s Combination Gun Tikka Model 412S Double Fire Rimfire Rifles—Autoloaders AMT Lightning 25/22 Rifle AMT Lightning Small-Game Hunting Rifle II AMT Magnum Hunter Auto Rifle Anschutz 525 Deluxe Auto Armscor Model 20P Auto Rifle Browning Auto .22 Rifles Browning Auto-22 Rifle Browning Auto-22 Grade VI Browning BAR .22 Auto Rifle Browning SA–22 Semi-Auto 22 Rifle Henry U.S. Survival .22 Henry U.S. Survival Rifle AR–7 Krico Model 260 Auto Rifle Lakefield Arms Model 64B Auto Rifle Marlin Model 60 Self Loading Rifles Marlin Model 60C Marlin Model 60SB Marlin Model 60S–CF Marlin Model 60SN Marlin Model 60ss Self-Loading Rifle Marlin Model 70 Auto-loading Rifles Marlin Model 70 HC Auto Marlin Model 70P Papoose Marlin Model 70PSS Marlin Model 795 Marlin Model 795SS Marlin Model 922 Magnum Self-Loading Rifle Marlin Model 990l Self-Loading Rifle Marlin Model 995 Self-Loading Rifle Mossberg 702 Plinkster Norinco Model 22 ATD Rifle Remington 552BDL Speedmaster Rifle Remington Model 522 Viper Autoloading Rifle Remington Model 597 Blaze Camo Remington Model 597 Pink Camo Remington Model 597 Synthetic Scope Combo Ruger 10/22 Autoloading Carbine (w/o folding stock) Ruger 10/22 Compact Ruger 10/22 Sporter Ruger 10/22 Target Survival Arms AR–7 Explorer Rifle Texas Remington Revolving Carbine Thompson/Center R–55 All-Weather Thompson/Center R–55 Benchmark Thompson/Center R–55 Classic Thompson/Center R–55 Rifles Thompson/Center R–55 Sporter Voere Model 2115 Auto Rifle Rimfire Rifles—Lever & Slide Action Browning BL–22 Lever-Action Rifle Henry .22 Lever Action Rifles, All Models Henry Golden Boy .17 HMR Henry Golden Boy .22 Henry Golden Boy .22 Magnum Henry Golden Boy Deluxe Henry Lever .22 Magnum Henry Lever Action .22 Henry Lever Carbine .22 Henry Lever Octagon .22 Henry Lever Octagon .22 Magnum Henry Lever Youth Model .22 Henry Pump Action Octagon .22 Henry Pump Action Octagon .22 Magnum Henry Varmint Express .17 HMR Marlin 39TDS Carbine Marlin Model 39A Golden Lever Action Marlin Model 39AS Golden Lever-Action Rifle Mossberg Model 464 Rimfire Lever Action Rifle Norinco EM–321 Pump Rifle Remington 572BDL Fieldmaster Pump Rifle Rossi Model 62 SA Pump Rifle Rossi Model 62 SAC Carbine Rossi Model G2 Gallery Rifle Ruger Model 96 Lever-Action Rifle Taurus Model 62-Pump Taurus Model 72 Pump Rifle Winchester Model 9422 Lever-Action Rifle Winchester Model 9422 Magnum Lever-Action Rifle Rimfire Rifles—Bolt Actions & Single Shots Anschutz 1416D/1516D Classic Rifles Anschutz 1418D/1518D Mannlicher Rifles Anschutz 1700 FWT Bolt-Action Rifle Anschutz 1700D Bavarian Bolt-Action Rifle Anschutz 1700D Classic Rifles Anschutz 1700D Custom Rifles Anschutz 1700D Graphite Custom Rifle Anschutz 1702 D H B Classic Anschutz 1713 Silhouette Anschutz Achiever Anschutz Achiever Bolt-Action Rifle Anschutz All other Bolt Action Rimfire Models Anschutz Kadett Anschutz Model 1502 D Classic Anschutz Model 1517 D Classic Anschutz Model 1517 MPR Multi Purpose Anschutz Model 1517 S–BR Anschutz Model 1710 D KL Anschutz Model 1717 Classic Anschutz Model 1717 Silhouette Sporter Anschutz Model G4 MPB Anschutz Model Woodchucker Armscor Model 14P Bolt-Action Rifle Armscor Model 1500 Rifle Beeman/HW 60–J–ST Bolt-Action Rifle BRNO ZKM 452 Deluxe BRNO ZKM–456 Lux Sporter BRNO ZKM–452 Deluxe Bolt-Action Rifle Browning A-Bolt 22 Bolt-Action Rifle Browning A-Bolt Gold Medallion Browning T-Bolt Rimfire Rifles Cabanas Espronceda IV Bolt-Action Rifle Cabanas Leyre Bolt-Action Rifle Cabanas Master Bolt-Action Rifle Cabanas Phaser Rifle Chipmunk Single Shot Rifle Cooper Arms Model 36S Sporter Rifle Cooper Model 57–M Bolt Action Rifle CZ 452 Bolt Action Rifles Dakota 22 Sporter Bolt-Action Rifle Davey Crickett Single Shot Rifle Harrington & Richardson Sportster Harrington & Richardson Sportster 17 Hornady Magnum Rimfire Harrington & Richardson Sportster Compact Henry Mini Henry Acu-Bolt .22 Henry Mini Bolt Youth .22 Kimber Bolt Action .22 Rifles Krico Model 300 Bolt-Action Rifles Lakefield Arms Mark I Bolt-Action Rifle Lakefield Arms Mark II Bolt-Action Rifle Magtech Model MT Bolt Action Rifle Magtech Model MT–22C Bolt-Action Rifle Marlin Model 15YN Little Buckaroo Marlin Model 25MN Bolt-Action Rifle Marlin Model 25N Bolt-Action Repeater Marlin Model 880 Bolt-Action Rifle Marlin Model 881 Bolt-Action Rifle Marlin Model 882 Bolt-Action Rifle Marlin Model 883 Bolt-Action Rifle Marlin Model 883SS Bolt-Action Rifle Marlin Model 915 YN Little Buckaroo Marlin Model 915Y (Compact) Marlin Model 915YS (Compact) Marlin Model 917 Marlin Model 917S Marlin Model 917V Marlin Model 917VR Marlin Model 917VS Marlin Model 917VS–CF Marlin Model 917VSF Marlin Model 917VST Marlin Model 917VT Marlin Model 925 Marlin Model 925C Marlin Model 925M Marlin Model 925R Marlin Model 925RM Marlin Model 980S Marlin Model 980S–CF Marlin Model 981T Marlin Model 982 Bolt Action Rifle Marlin Model 982VS Marlin Model 982VS–CF Marlin Model 983 Marlin Model 983S Marlin Model 983T Marlin Model XT–17 Series Bolt Action Rifles Marlin Model XT–22 Series Bolt Action Rifles Mauser Model 107 Bolt-Action Rifle Mauser Model 201 Bolt-Action Rifle Meacham Low-Wall Rifle Mossberg Model 801/802 Bolt Rifles Mossberg Model 817 Varmint Bolt Action Rifle Navy Arms TU–33/40 Carbine Navy Arms TU–KKW Sniper Trainer Navy Arms TU–KKW Training Rifle New England Firearms Sportster Single Shot Rifles Norinco JW–15 Bolt-Action Rifle Norinco JW–27 Bolt-Action Rifle Remington 40–XR Rimfire Custom Sporter Remington 541–T Remington 541–T HB Bolt-Action Rifle Remington 581–S Sportsman Rifle Remington Model Five Remington Model Five Youth Rossi Matched Pair Single Shot Rifle Ruger 77/17 Ruger 77/22 Ruger 77/22 Rimfire Bolt-Action Rifle Ruger K77/22 Varmint Rifle Savage CUB T Mini Youth Savage Mark I–G Bolt Action Savage Mark II Bolt Action Rifles Savage Model 30 G Stevens Favorite Savage Model 93 Rifles Thompson/Center Hotshot Youth Rifle Ultra Light Arms Model 20 RF Bolt-Action Rifle Winchester Model 52B Sporting Rifle Winchester Wildcat Bolt Action Rifle 22 Competition Rifles—Centerfire & Rimfire Anschutz 1803D Intermediate Match Anschutz 1808D RT Super Match 54 Target Anschutz 1827B Biathlon Rifle Anschutz 1827BT Fortner Biathlon Rifle Anschutz 1903 Rifles Anschutz 1903D Match Rifle Anschutz 1907 Match Rifle Anschutz 1910 Super Match II Anschutz 1911 Match Rifle Anschutz 1912 Rifles Anschutz 1913 Super Match Rifle Anschutz 54.18MS REP Deluxe Silhouette Rifle Anschutz 54.18MS Silhouette Rifle Anschutz 64 MP R Silhouette Rifle Anschutz 64–MS Left Silhouette Anschutz Super Match 54 Target Model 2007 Anschutz Super Match 54 Target Model 2013 Beeman/Feinwerkbau 2600 Target Rifle Cooper Arms Model TRP–1 ISU Standard Rifle E.A.A./HW 60 Target Rifle E.A.A./HW 660 Match Rifle E.A.A./Weihrauch HW 60 Target Rifle Ed Brown Model 704, M40A2 Marine Sniper Finnish Lion Standard Target Rifle Krico Model 360 S2 Biathlon Rifle Krico Model 360S Biathlon Rifle Krico Model 400 Match Rifle Krico Model 500 Kricotronic Match Rifle Krico Model 600 Match Rifle Krico Model 600 Sniper Rifle Lakefield Arms Model 90B Target Rifle Lakefield Arms Model 91T Target Rifle Lakefield Arms Model 92S Silhouette Rifle Marlin Model 2000 Target Rifle Mauser Model 86–SR Specialty Rifle McMillan 300 Phoenix Long Range Rifle McMillan Long Range Rifle McMillan M–86 Sniper Rifle McMillan M–89 Sniper Rifle McMillan National Match Rifle Parker-Hale M–85 Sniper Rifle Parker-Hale M–87 Target Rifle Remington 40–X Bolt Action Rifles Remington 40–XB Rangemaster Target Centerfire Remington 40–XBBR KS Remington 40–XC KS National Match Course Rifle Remington 40–XR KS Rimfire Position Rifle Sako TRG–21 Bolt-Action Rifle Sako TRG–22 Bolt Action Rifle Springfield Armory M–1 Garand Steyr-Mannlicher SSG Rifles Steyr-Mannlicher Match SPG–UIT Rifle Steyr-Mannlicher SSG P–I Rifle Steyr-Mannlicher SSG P–II Rifle Steyr-Mannlicher SSG P–III Rifle Steyr-Mannlicher SSG P–IV Rifle Tanner 300 Meter Free Rifle Tanner 50 Meter Free Rifle Tanner Standard UIT Rifle Time Precision 22RF Bench Rifle Wichita Silhouette Rifle Shotguns—Autoloaders American Arms American Arms/Franchi Black Magic 48/AL Benelli Bimillionaire Benelli Black Eagle Competition Auto Shotgun Benelli Cordoba Benelli Executive Series Benelli Legacy Model Benelli M1 Benelli M1 Defense Benelli M1 Tactical Benelli M1014 Limited Edition Benelli M2 Benelli M2 Field Steady Grip Benelli M2 Practical Benelli M2 Tactical Benelli M2 American Series Benelli M3 Convertible Benelli M4 Models Vinci Steady Grip Benelli Montefeltro Super 90 20-Gauge Shotgun Benelli Montefeltro Super 90 Shotgun Benelli Raffaello Series Shotguns Benelli Sport Model Benelli Super 90 M1 Field Model Benelli Super Black Eagle II Models Benelli Super Black Eagle II Steady Grip Benelli Super Black Eagle Models Benelli Super Black Eagle Shotgun Benelli Super Black Eagle Slug Gun Benelli Super Vinci Benelli Supersport Benelli Two-Gun Sets Benelli Ultralight Benelli Vinci Beretta 390 Field Auto Shotgun Beretta 390 Super Trap, Super Skeet Shotguns Beretta 3901 Citizen Beretta 3901 Rifled Slug Gun Beretta 3901 Statesman Beretta A–303 Auto Shotgun Beretta A400 Series Beretta AL–2 Models Beretta AL–3 Deluxe Trap Beretta AL390 Series Beretta AL391 Teknys Gold Beretta AL391 Teknys Gold Sporting Beretta AL391 Teknys Gold Target Beretta AL391 Urika 2 Camo AP Beretta AL391 Urika 2 Camo Max-4 Beretta AL391 Urika 2 Classic Beretta AL391 Urika 2 Gold Beretta AL391 Urika 2 Gold Sporting Beretta AL391 Urika 2 Parallel Target SL Beretta AL391 Urika 2 Sporting Beretta AL391 Urika 2 Synthetic Beretta EHDC584421DD1B43E1BD50FD24702C2E1600 Pintail Series Beretta Model 1200 Field Beretta Model 1201F Auto Shotgun Beretta Model 300 Beretta Model 301 Series Beretta Model 302 Series Beretta Model 60 Beretta Model 61 Beretta Model A304 Lark Beretta Model AL391 Series Beretta Model TX4 Storm Beretta Silver Lark Beretta UGB25 Xcel Beretta Vittoria Auto Shotgun Beretta Xtrema2 Breda Altair Breda Altair Special Breda Aries 2 Breda Astro Breda Astrolux Breda Echo Breda Ermes Series Breda Gold Series Breda Grizzly Breda Mira Breda Standard Series Breda Xanthos Brolin BL–12 Brolin SAS–12 Browning A–500G Auto Shotgun Browning A–500G Sporting Clays Browning A–500R Auto Shotgun Browning Auto-5 Light 12 and 20 Browning Auto-5 Magnum 12 Browning Auto-5 Magnum 20 Browning Auto-5 Stalker Browning B2000 Series Browning BSA 10 Auto Shotgun Browning BSA 10 Stalker Auto Shotgun Browning Gold Series Browning Maxus Series Charles Daly Field Grade Series Charles Daly Novamatic Series Charles Daly Tactical Churchill Regent Churchill Standard Model Churchill Turkey Automatic Shotgun Churchill Windsor Cosmi Automatic Shotgun CZ 712 CZ 720 CZ 912 Escort Escort Series European American Armory (EAA) Bundra Series Fabarms Ellegi Series Fabarms Lion Series Fabarms Tactical FNH USA Model SLP Franchi 610VS Franchi 612 Series Franchi 620 Franchi 712 Franchi 720 Franchi 912 Franchi AL 48 Franchi AL 48 Series Franchi Elite Franchi I–12 Inertia Series Franchi Prestige H&K Model 512 H&R Manufrance H&R Model 403 Hi-Standard 10A Hi-Standard 10B Hi-Standard Semi Automatic Model Hi-Standard Supermatic Series Ithaca Mag-10 Ithaca Model 51 Series LaSalle Semi-automatic Ljutic Bi-matic Autoloader Luger Ultra-light Model Marlin SI 12 Series Maverick Model 60 Auto Shotgun Model AL–1 Mossberg 1000 Mossberg Model 600 Auto Shotgun Mossberg Model 930 All-Purpose Field Mossberg Model 930 Slugster Mossberg Model 930 Turkey Mossberg Model 930 Waterfowl Mossberg Model 935 Magnum Combos Mossberg Model 935 Magnum Flyway Series Waterfowl Mossberg Model 935 Magnum Grand Slam Series Turkey Mossberg Model 935 Magnum Turkey Mossberg Model 935 Magnum Waterfowl New England Firearms Excell Auto Combo New England Firearms Excell Auto Synthetic New England Firearms Excell Auto Turkey New England Firearms Excell Auto Walnut New England Firearms Excell Auto Waterfowl Nighthawk Tactical Semi-auto Ottomanguns Sultan Series Remington 105Ti Series Remington 1100 20-Gauge Deer Gun Remington 1100 LT–20 Auto Remington 1100 LT–20 Tournament Skeet Remington 1100 Special Field Remington 11–48 Series Remington 11–96 Series Remington Model 105 Cti Remington Model 11 Series Remington Model 1100 Classic Trap Remington Model 1100 Competition Remington Model 1100 G3 Remington Model 1100 G3 Remington Model 1100 Series Remington Model 1100 Shotgun Remington Model 1100 Sporting Series Remington Model 11–87 Sportsman Camo Remington Model 11–87 Sportsman Super Mag Synthetic Remington Model 11–87 Sportsman Super Mag Waterfowl Remington Model 11–87 Sportsman Synthetic Remington Model 11–87 Sportsman Youth Remington Model 11–87 Sportsman Youth Synthetic Remington Model 48 Series Remington Model 58 Series Remington Model 870 Classic Trap Remington Model 878A Automaster Remington Model SP–10 Magnum Satin Remington Model SP–10 Waterfowl Remington Model SPR453 Remington Versa-Max Series Savage Model 720 Savage Model 726 Savage Model 740C Skeet Gun Savage Model 745 Savage Model 755 Series Savage Model 775 Series Scattergun Technologies K–9 Scattergun Technologies SWAT Scattergun Technologies Urban Sniper Model SKB 1300 Upland SKB 1900 SKB 300 Series SKB 900 Series SKS 3000 Smith & Wesson Model 1000 Smith & Wesson Model 1012 Series Spartan Gun Works SPR453 TOZ Model H–170 Tri-Star Diana Series Tri-Star Phantom Series Tri-Star Viper Series Tula Arms Plant TOZ 87 Verona 401 Series Verona 405 Series Verona 406 Series Verona SX801 Series Weatherby Centurion Series Weatherby Field Grade Weatherby Model 82 Weatherby SA–08 Series Weatherby SA–459 TR Weatherby SAS Series Winchester 1500 Winchester Model 50 Winchester Model 59 Winchester Super X1 Series Winchester Super X2 Series Winchester Super X3 Series Shotguns—Slide Actions ADCO Diamond Grade ADCO Diamond Series Shotguns ADCO Mariner Model ADCO Sales Inc. Gold Elite Series Armscor M–30 Series Armscor M–5 Baikal IZH–81 Baikal MP133 Benelli Nova Series Benelli Supernova Series Beretta Ariete Standard Beretta Gold Pigeon Pump Beretta Model SL–12 Beretta Ruby Pigeon Pump Beretta Silver Pigeon Pump Brolin Field Series Brolin Lawman Model Brolin Slug Special Brolin Slugmaster Brolin Turkey Master Browning BPS Game Gun Deer Special Browning BPS Game Gun Turkey Special Browning BPS Pigeon Grade Pump Shotgun Browning BPS Pump Shotgun Browning BPS Pump Shotgun (Ladies and Youth Model) Browning BPS Series Pump Shotgun Browning BPS Stalker Pump Shotgun Browning Model 12 Limited Edition Series Browning Model 42 Pump Shotgun Century IJ12 Slide Action Century Ultra 87 Slide Action Charles Daly Field Hunter Ducks Unlimited Dinner Guns EAA Model PM2 Escort Field Series Fort Worth Firearms GL18 H&R Pardner Pump Hi-Standard Flite-King Series Hi-Standard Model 200 Interstate Arms Model 981 Interstate Arms Model 982T Ithaca Deerslayer II Rifled Shotgun Ithaca Model 87 Deerslayer Shotgun Ithaca Model 87 Deluxe Pump Shotgun Ithaca Model 87 Series Shotguns Ithaca Model 87 Supreme Pump Shotgun Ithaca Model 87 Turkey Gun Magtech Model 586–VR Pump Shotgun Maverick Models 88, 91 Pump Shotguns Mossberg 200 Series Shotgun Mossberg 3000 Pump shotgun Mossberg 535 ATS Series Pump Shotguns Mossberg Field Grade Model 835 Pump Shotgun Mossberg Model 500 All Purpose Field Mossberg Model 500 Bantam Mossberg Model 500 Bantam Combo Mossberg Model 500 Bantam Pump Mossberg Model 500 Camo Pump Mossberg Model 500 Combos Mossberg Model 500 Flyway Series Waterfowl Mossberg Model 500 Grand Slam Series Turkey Mossberg Model 500 Muzzleloader Mossberg Model 500 Muzzleloader Combo Mossberg Model 500 Series Pump Shotguns Mossberg Model 500 Slugster Mossberg Model 500 Sporting Pump Mossberg Model 500 Super Bantam All Purpose Field Mossberg Model 500 Super Bantam Combo Mossberg Model 500 Super Bantam Slug Mossberg Model 500 Super Bantam Turkey Mossberg Model 500 Trophy Slugster Mossberg Model 500 Turkey Mossberg Model 500 Waterfowl Mossberg Model 505 Series Pump Shotguns Mossberg Model 505 Youth All Purpose Field Mossberg Model 535 ATS All Purpose Field Mossberg Model 535 ATS Combos Mossberg Model 535 ATS Slugster Mossberg Model 535 ATS Turkey Mossberg Model 535 ATS Waterfowl Mossberg Model 835 Regal Ulti-Mag Pump Mossberg Model 835 Series Pump Shotguns Mossberg Model 835 Ulti-Mag Mossberg Turkey Model 500 Pump National Wild Turkey Federation (NWTF) Banquet/Guns of the Year New England Firearms Pardner Pump Combo New England Firearms Pardner Pump Field New England Firearms Pardner Pump Slug Gun New England Firearms Pardner Pump Synthetic New England Firearms Pardner Pump Turkey Gun New England Firearms Pardner Pump Walnut New England Firearms Pardner Pump-Compact Field New England Firearms Pardner Pump-Compact Synthetic New England Firearms Pardner Pump-Compact Walnut Norinco Model 98 Field Series Norinco Model 983 Norinco Model 984 Norinco Model 985 Norinco Model 987 Orvis Grand Vazir Series Quail Unlimited Limited Edition Pump Shotguns Remington 870 Express Remington 870 Express Rifle Sighted Deer Gun Remington 870 Express Series Pump Shotguns Remington 870 Express Turkey Remington 870 High Grade Series Remington 870 High Grades Remington 870 Marine Magnum Remington 870 Special Field Remington 870 Special Purpose Deer Gun Remington 870 Special Purpose Synthetic Camo Remington 870 SPS Special Purpose Magnum Remington 870 SPS–BG–Camo Deer/Turkey Shotgun Remington 870 SPS–Deer Shotgun Remington 870 SPS–T Camo Pump Shotgun Remington 870 TC Trap Remington 870 Wingmaster Remington 870 Wingmaster Series Remington 870 Wingmaster Small Gauges Remington Model 11–87 XCS Super Magnum Waterfowl Remington Model 870 Ducks Unlimited Series Dinner Pump Shotguns Remington Model 870 Express Remington Model 870 Express JR. Remington Model 870 Express Shurshot Synthetic Cantilever Remington Model 870 Express Super Magnum Remington Model 870 Express Synthetic Remington Model 870 Express Youth Gun Remington Model 870 Express Youth Synthetic Remington Model 870 SPS Shurshot Synthetic Cantilever Remington Model 870 SPS Shurshot Synthetic Turkey Remington Model 870 SPS Special Purpose Magnum Series Pump Shotguns Remington Model 870 SPS Super Mag Max Gobbler Remington Model 870 XCS Marine Magnum Remington Model 870 XCS Super Magnum Winchester 12 Commercial Riot Gun Winchester 97 Commercial Riot Gun Winchester Model 12 Pump Shotgun Winchester Model 120 Ranger Winchester Model 1200 Series Shotgun Winchester Model 1300 Ranger Pump Gun Winchester Model 1300 Ranger Pump Gun Combo & Deer Gun Winchester Model 1300 Series Shotgun Winchester Model 1300 Slug Hunter Deer Gun Winchester Model 1300 Turkey Gun Winchester Model 1300 Walnut Pump Winchester Model 42 High Grade Shotgun Winchester Speed Pump Defender Winchester SXP Series Pump Shotgun Zoli Pump Action Shotgun Shotguns—Over/Unders ADCO Sales Diamond Series Shotguns American Arms/Franchi Falconet 2000 O/U American Arms Lince American Arms Silver I O/U American Arms Silver II Shotgun American Arms Silver Skeet O/U American Arms Silver Sporting O/U American Arms Silver Trap O/U American Arms WS/OU 12, TS/OU 12 Shotguns American Arms WT/OU 10 Shotgun American Arms/Franchi Sporting 2000 O/U Armsport 2700 O/U Goose Gun Armsport 2700 Series O/U Armsport 2900 Tri-Barrel Shotgun AYA Augusta AYA Coral A AYA Coral B AYA Excelsior AYA Model 37 Super AYA Model 77 AYA Model 79 Series Baby Bretton Over/Under Shotgun Baikal IZH27 Baikal MP310 Baikal MP333 Baikal MP94 Beretta 90 DE LUXE Beretta 682 Gold E Skeet Beretta 682 Gold E Trap Beretta 682 Gold E Trap Bottom Single Beretta 682 Series Beretta 682 Super Sporting O/U Beretta 685 Series Beretta 686 Series Beretta 686 White Onyx Beretta 686 White Onyx Sporting Beretta 687 EELL Classic Beretta 687 EELL Diamond Pigeon Beretta 687 EELL Diamond Pigeon Sporting Beretta 687 series Beretta 687EL Sporting O/U Beretta Alpha Series Beretta America Standard Beretta AS Beretta ASE 90 Competition O/U Shotgun Beretta ASE 90 Gold Skeet Beretta ASE Gold Beretta ASE Series Beretta ASEL Beretta BL Sereis Beretta DT10 Series Beretta DT10 Trident EELL Beretta DT10 Trident L Sporting Beretta DT10 Trident Skeet Beretta DT10 Trident Sporting Beretta DT10 Trident Trap Combo Beretta Europa Beretta Field Shotguns Beretta Gamma Series Beretta Giubileo Beretta Grade Four Beretta Grade One Beretta Grade Three Beretta Grade Two Beretta Milano Beretta Model 686 Ultralight O/U Beretta Model SO5, SO6, SO9 Shotguns Beretta Onyx Hunter Sport O/U Shotgun Beretta Over/Under Field Shotguns Beretta Royal Pigeon Beretta S56 Series Beretta S58 Series Beretta Series 682 Competition Over/Unders Beretta Silver Pigeon II Beretta Silver Pigeon II Sporting Beretta Silver Pigeon III Beretta Silver Pigeon III Sporting Beretta Silver Pigeon IV Beretta Silver Pigeon S Beretta Silver Pigeon V Beretta Silver Snipe Beretta Skeet Set Beretta SO–1 Beretta SO–2 Beretta SO–3 Beretta SO–4 Beretta SO5 Beretta SO6 EELL Beretta SO–10 Beretta SO10 EELL Beretta Sporting Clay Shotguns Beretta SV10 Perennia Beretta Ultralight Beretta Ultralight Deluxe Bertuzzi Zeus Bertuzzi Zeus Series Beschi Boxlock Model Big Bear Arms IJ–39 Big Bear Arms Sterling Series Big Bear IJ–27 Blaser F3 Series Bosis Challenger Titanium Bosis Laura Bosis Michaelangelo Bosis Wild Series Boss Custom Over/Under Shotguns Boss Merlin Boss Pendragon Breda Pegaso Series Breda Sirio Standard Breda Vega Series Bretton Baby Standard Bretton Sprint Deluxe BRNO 500/501 BRNO 502 BRNO 801 Series BRNO 802 Series BRNO BS–571 BRNO BS–572 BRNO ZH–300 BRNO ZH–301 BRNO ZH–302 BRNO ZH–303 Browning 325 Sporting Clays Browning 625 Series Browning 725 Series Browning B–25 Series Browning B–26 Series Browning B–27 Series Browning B–125 Custom Shop Series Browning Citori 525 Series Browning Citori GTI Sporting Clays Browning Citori Lightning Series Browning Citori O/U Shotgun Browning Citori O/U Skeet Models Browning Citori O/U Trap Models Browning Citori Plus Trap Combo Browning Citori Plus Trap Gun Browning Cynergy Series Browning Diana Grade Browning Lightning Sporting Clays Browning Micro Citori Lightning Browning Midas Grade Browning Special Sporting Clays Browning Sporter Model Browning ST–100 Browning Superlight Citori Over/Under Browning Superlight Citori Series Browning Superlight Feather Browning Superposed Pigeon Grade Browning Superposed Standard BSA Falcon BSA O/U BSA Silver Eagle Cabela’s Volo Caprinus Sweden Model Centurion Over/Under Shotgun Century Arms Arthemis Chapuis Over/Under Shotgun Charles Daly Country Squire Model Charles Daly Deluxe Model Charles Daly Diamond Series Charles Daly Empire Series Charles Daly Field Grade O/U Charles Daly Lux Over/Under Charles Daly Maxi-Mag Charles Daly Model 105 Charles Daly Model 106 Charles Daly Model 206 Charles Daly Over/Under Shotguns, Japanese Manufactured Charles Daly Over/Under Shotguns, Prussian Manufactured Charles Daly Presentation Model Charles Daly Sporting Clays Model Charles Daly Superior Model Charles Daly UL Churchill Imperial Model Churchill Monarch Churchill Premiere Model Churchill Regent Trap and Skeet Churchill Regent V Churchill Sporting Clays Churchill Windsor III Churchill Windsor IV Classic Doubles Model 101 Series Cogswell & Harrison Woodward Type Connecticut Shotgun Company A. Galazan Model Connecticut Shotgun Company A–10 American Connecticut Valley Classics Classic Field Waterfowler Connecticut Valley Classics Classic Sporter O/U Continental Arms Centaure Series Cortona Over/Under Shotguns CZ 581 Solo CZ Canvasback 103D CZ Limited Edition CZ Mallard 104A CZ Redhead Deluxe 103FE CZ Sporting CZ Super Scroll Limited Edition CZ Upland Ultralight CZ Wingshooter Dakin Arms Model 170 Darne SB1 Darne SB2 Darne SB3 Depar ATAK Doumoulin Superposed Express Ducks Unlimited Dinner Guns/Guns of the Year, Over/Under Models Dumoulin Boss Royal Superposed E.A.A. Falcon E.A.A. Scirocco Series E.A.A./Sabatti Falcon-Mon Over/Under E.A.A./Sabatti Sporting Clays Pro-Gold O/U ERA Over/Under Famars di Abbiatico & Salvinelli Aries Famars di Abbiatico & Salvinelli Castrone Famars di Abbiatico & Salvinelli Dove Gun Famars di Abbiatico & Salvinelli Excaliber Series Famars di Abbiatico & Salvinelli Jorema Famars di Abbiatico & Salvinelli Leonardo Famars di Abbiatico & Salvinelli Pegasus Famars di Abbiatico & Salvinelli Posiden Famars di Abbiatico & Salvinelli Quail Gun Famars di Abbiatico & Salvinelli Royal Famars di Abbiatico & Salvinelli Royale Fausti Boutique Series Fausti Caledon Series Fausti Class Series Ferlib Boss Model Finnclassic 512 Series Franchi 2004 Trap Franchi 2005 Combination Trap Franchi Alcione Series Franchi Aristocrat Series Franchi Black Majic Franchi Falconet Series Franchi Instict Series Franchi Model 2003 Trap Franchi Renaissance Series Franchi Sporting 2000 Franchi Undergun Model 3000 Franchi Veloce Series Galef Golden Snipe Galef Silver Snipe Golden Eagle Model 5000 Series Griffon & Howe Black Ram Griffon & Howe Broadway Griffon & Howe Claremont Griffon & Howe Madison Griffon & Howe Silver Ram Griffon & Howe Superbrite Guerini Apex Series Guerini Challenger Sporting Guerini Ellipse Evo Guerini Ellipse Evolution Sporting Guerini Ellipse Limited Guerini Essex Field Guerini Flyaway Guerini Forum Series Guerini Magnus Series Guerini Maxum Series Guerini Summit Series Guerini Tempio Guerini Woodlander H&R Harrich #1 H&R Model 1212 H&R Model 1212WF H&R Pinnacle Hatfields Hatfield Model 1 of 100 Heym Model 55 F Heym Model 55 SS Heym Model 200 Holland & Holland Royal Series Holland & Holland Sporting Model IGA 2000 Series IGA Hunter Series IGA Trap Series IGA Turkey Series IGA Waterfowl Series K.F.C. E–2 Trap/Skeet K.F.C. Field Gun Kassnar Grade I O/U Shotgun KDF Condor Khan Arthemis Field/Deluxe Kimber Augusta Series Kimber Marias Series Krieghoff K–80 Four-Barrel Skeet Set Krieghoff K–80 International Skeet Krieghoff K–80 O/U Trap Shotgun Krieghoff K–80 Skeet Shotgun Krieghoff K–80 Sporting Clays O/U Krieghoff K–80/RT Shotguns Krieghoff Model 20 Sporting/Field Krieghoff Model 32 Series Lames Field Model Lames Skeet Model Lames Standard Model Lames California Model Laurona Model 67 Laurona Model 82 Series Laurona Model 83 Series Laurona Model 84 Series Laurona Model 85 Series Laurona Model 300 Series Laurona Silhouette 300 Sporting Clays Laurona Silhouette 300 Trap Laurona Super Model Over/Unders Lebeau Baron Series Lebeau Boss Verres Lebeau Boxlock with sideplates Lebeau Sidelock Lebeau Versailles Lippard Custom Over/Under Shotguns Ljutic LM–6 Deluxe O/U Shotgun Longthorne Hesketh Game Gun Longthorne Sporter Marlin Model 90 Marocchi Avanza O/U Shotgun Marocchi Conquista Over/Under Shotgun Marocchi Conquista Series Marocchi Model 100 Marocchi Model 99 Maverick HS–12 Tactical Maverick Hunter Field Model McMillan Over/Under Sidelock Merkel 201 Series Merkel 2016 Series Merkel 2116 EL Sidelock Merkel 303EL Luxus Merkel Model 100 Merkel Model 101 Merkel Model 101E Merkel Model 200E O/U Shotgun Merkel Model 200E Skeet, Trap Over/Unders Merkel Model 200SC Sporting Clays Merkel Model 203E, 303E Over/Under Shotguns Merkel Model 204E Merkel Model 210 Merkel Model 301 Merkel Model 302 Merkel Model 304E Merkel Model 310E Merkel Model 400 Merkel Model 400E Merkel Model 2000 Series Mossberg Onyx Reserve Field Mossberg Onyx Reserve Sporting Mossberg Silver Reserve Field Mossberg Silver Reserve Series Mossberg Silver Reserve Sporting Norinco Type HL12–203 Omega Standard Over/Under Model Orvis Field Orvis Knockabout Orvis Premier Grade Orvis SKB Green Mountain Uplander Orvis Sporting Clays Orvis Super Field Orvis Uplander Orvis Waterfowler Pederson Model 1000 Series Pederson Model 1500 Series Perazzi Boxlock Action Hunting Perazzi Competition Series Perazzi Electrocibles Perazzi Granditalia Perazzi Mirage Special Four-Gauge Skeet Perazzi Mirage Special Skeet Over/Under Perazzi Mirage Special Sporting O/U Perazzi MS80 Perazzi MT–6 Perazzi MX1/MX2 Perazzi MX3 Perazzi MX4 Perazzi MX5 Perazzi MX6 Perazzi MX7 Over/Under Shotguns Perazzi MX8/20 Over/Under Shotgun Perazzi MX8/MX8 Special Trap, Skeet Perazzi MX9 Single Over/Under Shotguns Perazzi MX10 Perazzi MX11 Perazzi MX12 Hunting Over/Under Perazzi MX14 Perazzi MX16 Perazzi MX20 Hunting Over/Under Perazzi MX28, MX410 Game O/U Shotguns Perazzi MX2000 Perazzi MX2005 Perazzi MX2008 Perazzi Sidelock Action Hunting Perazzi Sporting Classic O/U Perugini Maestro Series Perugini Michelangelo Perugini Nova Boss Pietro Zanoletti Model 2000 Field O/U Piotti Boss Over/Under Shotgun Pointer Italian Model Pointer Turkish Model Remington 396 Series Remington 3200 Series Remington Model 32 Series Remington Model 300 Ideal Remington Model 332 Series Remington Model SPR310 Remington Model SPR310N Remington Model SPR310S Remington Peerless Over/Under Shotgun Remington Premier Field Remington Premier Ruffed Grouse Remington Premier Series Remington Premier STS Competition Remington Premier Upland Richland Arms Model 41 Richland Arms Model 747 Richland Arms Model 757 Richland Arms Model 787 Richland Arms Model 808 Richland Arms Model 810 Richland Arms Model 828 Rigby 401 Sidelock Rota Model 650 Rota Model 72 Series Royal American Model 100 Ruger Red Label O/U Shotgun Ruger Sporting Clays O/U Shotgun Ruger Woodside Shotgun Rutten Model RM 100 Rutten Model RM285 S.I.A.C.E. Evolution S.I.A.C.E. Model 66C S.I.A.C.E.600T Lusso EL San Marco 10-Ga. O/U Shotgun San Marco 12-Ga. Wildflower Shotgun San Marco Field Special O/U Shotgun Sauer Model 66 Series Savage Model 242 Savage Model 420/430 Sig Sauer Aurora Series Sig Sauer SA–3 Sig Sauer SA–5 Silma Model 70 Series SKB Model 85 Series SKB Model 500 Series SKB Model 505 Deluxe Over/Under Shotgun SKB Model 505 Series SKB Model 600 Series SKB Model 605 Series SKB Model 680 Series SKB Model 685 Over/Under Shotgun SKB Model 685 Series SKB Model 700 Series SKB Model 785 Series SKB Model 800 Series SKB Model 880 Series SKB Model 885 Over/Under Trap, Skeet, Sporting Clays SKB Model 885 Series SKB Model 5600 Series SKB Model 5700 Series SKB Model 5800 Series SKB Model GC–7 Series Spartan SPR310/320 Stevens Model 240 Stevens Model 512 Stoeger/IGA Condor I O/U Shotgun Stoeger/IGA ERA 2000 Over/Under Shotgun Techni-Mec Model 610 Over/Under Tikka Model 412S Field Grade Over/Under Traditions 350 Series Traditions Classic Field Series Traditions Classic Upland Series Traditions Gold Wing Series Traditions Real 16 Series Tri Star Model 330 Series Tri-Star Hunter EX Tri-Star Model 300 Tri-Star Model 333 Series Tri-Star Setter Model Tri-Star Silver Series Tri-Star Sporting Model TULA 120 TULA 200 TULA TOZ34 Universal 7112 Universal 7312 Universal 7412 Universal 7712 Universal 7812 Universal 7912 Verona 501 Series Verona 680 Series Verona 702 Series Verona LX692 Series Verona LX980 Series Weatherby Athena Grade IV O/U Shotguns Weatherby Athena Grade V Classic Field O/U Weatherby Athena Series Weatherby Classic Field Models Weatherby II, III Classic Field O/Us Weatherby Orion II Classic Sporting Clays O/U Weatherby Orion II series Weatherby Orion II Sporting Clays O/U Weatherby Orion III Series Weatherby Orion O/U Shotguns Winchester Model 91 Winchester Model 96 Winchester Model 99 Winchester Model 101 All Models and Grades Winchester Model 1001 O/U Shotgun Winchester Model 1001 Series Winchester Model 1001 Sporting Clays O/U Winchester Model G5500 Winchester Model G6500 Winchester Select Series Zoli Condor Zoli Deluxe Model Zoli Dove Zoli Field Special Zoli Pigeon Model Zoli Silver Snipe Zoli Snipe Zoli Special Model Zoli Target Series Zoli Texas Zoli Z Series Zoli Z–90 Series Zoli Z-Sport Series Shotguns—Side by Sides Armas Azor Sidelock Model ADCO Sales Diamond Series Shotguns American Arms Brittany Shotgun American Arms Derby Side-by-Side American Arms Gentry Double Shotgun American Arms Grulla #2 Double Shotgun American Arms TS/SS 10 Double Shotgun American Arms TS/SS 12 Side-by-Side American Arms WS/SS 10 Arizaga Model 31 Double Shotgun Armes de Chasse Sidelock and Boxlock Shotguns Armsport 1050 Series Double Shotguns Arrieta Sidelock Double Shotguns Auguste Francotte Boxlock Shotgun Auguste Francotte Sidelock Shotgun AYA Boxlock Shotguns AYA Sidelock Double Shotguns Baikal IZH–43 Series Shotguns Baikal MP210 Series Shotguns Baikal MP213 Series Shotguns Baikal MP220 Series Shotguns Baker Gun Sidelock Models Baltimore Arms Co. Style 1 Baltimore Arms Co. Style 2 Bayard Boxlock and Sidelock Model Shotguns Beretta 450 series Shotguns Beretta 451 Series Shotguns Beretta 452 Series Shotguns Beretta 470 Series Shotguns Beretta Custom Grade Shotguns Beretta Francia Standard Beretta Imperiale Montecarlo Beretta Model 452 Sidelock Shotgun Beretta Omega Standard Beretta Side-by-Side Field Shotguns Beretta Verona/Bergamo Bertuzzi Ariete Hammer Gun Bertuzzi Model Orione Bertuzzi Venere Series Shotguns Beschi Sidelock and Boxlock Models Bill Hanus Birdgun Doubles Bosis Country SxS Bosis Hammer Gun Bosis Queen Sidelock Boss Robertson SxS Boss SxS Boswell Boxlock Model Boswell Feartherweight Monarch Grade Boswell Merlin Sidelock Boswell Sidelock Model Breda Andromeda Special BRNO ZP Series Shotguns Brown SxS Shotgun Browning B–SS Browning B–SS Belgian/Japanese Prototype Browning B–SS Sidelock Browning B–SS Sporter Bruchet Model A Bruchet Model B BSA Classic BSA Royal Cabela’s ATA Grade II Custom Cabela’s Hemingway Model Casartelli Sidelock Model Century Coach SxS Chapuis RGP Series Shotguns Chapuis RP Series Shotguns Chapuis Side-by-Side Shotgun Chapuis UGP Round Design SxS Charles Daly 1974 Wildlife Commemorative Charles Daly Classic Coach Gun Charles Daly Diamond SxS Charles Daly Empire SxS Charles Daly Model 306 Charles Daly Model 500 Charles Daly Model Dss Double Charles Daly Superior SxS Churchill Continental Series Shotguns Churchill Crown Model Churchill Field Model Churchill Hercules Model Churchill Imperial Model Churchill Premiere Series Shotguns Churchill Regal Model Churchill Royal Model Churchill Windsor Series Shotguns Cimarron Coach Guns Classic Doubles Model 201 Classic Clot 1878 Hammer Shotgun Cogswell & Harrison Sidelock and Boxlock Shotguns Colt 1883 Hammerless Colt SxS Shotgun Connecticut Shotgun Co. Model 21 Connecticut Shotgun Co. RBL Series Continental Arms Centaure Crescent SxS Model Crucelegui Hermanos Model 150 Double CZ Amarillo CZ Bobwhite CZ Competition CZ Deluxe CZ Durango CZ Grouse CZ Hammer Models CZ Partridge CZ Ringneck CZ Ringneck Target Dakin Model 100 Dakin Model 147 Dakin Model 160 Dakin Model 215 Dakota American Legend Dakota Classic Grade Dakota Classic Grade II Dakota Classic Grade III Dakota Premier Grade Dan Arms Deluxe Field Model Dan Arms Field Model Darne Sliding Breech Series Shotguns Davidson Arms Model 63B Davidson Arms Model 69SL Davidson Arms Model 73 Stagecoach Dumoulin Continental Model Dumoulin Etendard Model Dumoulin Europa Model Dumoulin Liege Model E.A.A. SABA E.A.A./Sabatti Saba-Mon Double Shotgun E.M.F. Model 1878 SxS E.M.F. Stagecoach SxS Model ERA Quail SxS ERA Riot SxS ERA SxS Famars Boxlock Models Famars Castore Famars Sidelock Models Fausti Caledon Fausti Class Fausti Class Round Body Fausti DEA Series Shotguns Ferlib Mignon Hammer Model Ferlib Model F VII Double Shotgun FN Anson SxS Standard Grade FN New Anson SxS Standard Grade FN Sidelock Standard Grade Fox Higher Grade Models (A–F) Fox Sterlingworth Series Franchi Airone Franchi Astore Series Franchi Destino Franchi Highlander Franchi Sidelock Double Barrel Francotte Boxlock Shotgun Francotte Jubilee Model Francotte Sidelock Shotgun Galef Silver Hawk SxS Galef Zabala SxS Garbi Model 100 Garbi Model 101 Side-by-Side Garbi Model 103A, B Side-by-Side Garbi Model 200 Side-by-Side Gastinne Model 105 Gastinne Model 202 Gastinne Model 353 Gastinne Model 98 Gib 10 Gauge Magnum Gil Alhambra Gil Diamond Gil Laga Gil Olimpia Greener Sidelock SxS Shotguns Griffin & Howe Britte Griffin & Howe Continental Sidelock Griffin & Howe Round Body Game Gun Griffin & Howe Traditional Game Gun Grulla 217 Series Grulla 219 Series Grulla Consort Grulla Model 209 Holland Grulla Model 215 Grulla Model 216 Series Grulla Number 1 Grulla Royal Grulla Super MH Grulla Supreme Grulla Windsor H&R Anson & Deeley SxS H&R Model 404 H&R Small Bore SxS Hammer Gun Hatfield Uplander Shotgun Henry Atkin Boxlock Model Henry Atkin Sidelock Model Holland & Holland Cavalier Boxlock Holland & Holland Dominion Game Gun Holland & Holland Northwood Boxlock Holland & Holland Round Action Sidelock Holland & Holland Round Action Sidelock Paradox Holland & Holland Royal Hammerless Ejector Sidelock Holland & Holland Sidelock Shotguns Holloway premier Sidelock SxS Model Hopkins & Allen Boxlock and Sidelock Models Huglu SxS Shotguns Husqvarna SxS Shotguns IGA Deluxe Model IGA Turkey Series Model Interstate Arms Model 99 Coach Gun Ithaca Classic Doubles Series Shotguns Ithaca Hammerless Series Iver Johnson Hammerless Model Shotguns Jeffery Boxlock Shotguns Jeffery Sidelock Shotguns K.B.I. Grade II SxS Khan Coach Gun Kimber Valier Series Krieghoff Essencia Boxlock Krieghoff Essencia Sidelock Lanber Imperial Sidelock Laurona Boxlock Models Laurona Sidelock Models Lefever Grade A Field Model Lefever Grade A Skeet Model Lefever New Lefever Model Lefever Nitro Special Lefever Sideplate Models Leforgeron Boxlock Ejector Leforgeron Sidelock Ejector Liberty Coach Gun Series MacNaughton Sidelock Model Malin Boxlock Model Malin Sidelock Model Masquelier Boxlock Model Masquelier Sidelock Model Medwell SxS Sidelock Merkel Model 8, 47E Side-by-Side Shotguns Merkel Model 47LSC Sporting Clays Double Merkel Model 47S, 147S Side-by-Sides Merkel Model 76E Merkel Model 122E Merkel Model 126E Merkel Model 280 Series Merkel Model 360 Series Merkel Model 447SL Merkel Model 1620 Series Merkel Model 1622 Series Mossberg Onyx Reserve Sporting Mossberg Silver Reserve Field Navy Arms Model 100 Navy Arms Model 150 Orvis Custom Uplander Orvis Field Grade Orvis Fine Grade Orvis Rounded Action Orvis Waterfowler Parker Fluid Steel Barrel Models (All Grades) Parker Reproductions Side-by-Side Pederson Model 200 Pederson Model 2500 Perazzi DHO Models Perugini Ausonia Perugini Classic Model Perugini Liberty Perugini Regina Model Perugini Romagna Gun Piotti Hammer Gun Piotti King Extra Side-by-Side Piotti King No. 1 Side-by-Side Piotti Lunik Side-by-Side Piotti Monaco Series Piotti Monte Carlo Piotti Piuma Side-by-Side Piotti Westlake Precision Sports Model 600 Series Doubles Premier Italian made SxS Shotguns Premier Spanish made SxS Shotguns Purdy Best Quality Game Gun Remington Model 1900 Hammerless Remington Model SPR210 Remington Model SPR220 Remington Model SPR220 Cowboy Remington Premier SxS Richland Arms Co. Italian made SxS Models Richland Arms Co. Spanish made SxS Models Rigby Boxlock Shotgun Rigby Hammer Shotgun Rizzini Boxlock Side-by-Side Rizzini Sidelock Side-by-Side Rossi Overlund Rossi Squire Rota Model 105 Rota Model 106 Rota Model 411 Series Royal American Model 600 Boxlock Royal American Model 800 Sidelock Ruger Gold Label SAE Model 209E SAE Model 210S SAE Model 340X Sarasqueta Mammerless Sidelock Sarasqueta Model 3 Boxlock Sauer Boxlock Model Shotguns Sauer Sidelock Model Shotguns Savage Fox Model FA–1 Savage Model 550 Scott Blenheim Scott Bowood Scott Chatsworth Scott Kinmount SIACE Italian made SxS Shotguns SKB Model 100 SKB Model 150 SKB Model 200 SKB Model 280 SKB Model 300 SKB Model 385 SKB Model 400 SKB Model 480 SKB Model 485 Smith & Wesson Elite Gold Series Grade I Smith & Wesson Elite Silver Grade I Smith, L.C. Boxlock Hammerless Shotguns Smith, L.C. Sidelock Hammerless Shotguns Spartan SPR Series Shotguns Stevens Model 311/315 Series Stoeger/IGA Uplander Side-by-Side Shotgun Taylor’s SxS Model Tri-Star Model 311 Tri-Star Model 411 Series Ugartechea 10-Ga. Magnum Shotgun Universal Double Wing SxS Vouzelaud Model 315 Series Walther Model WSF Walther Model WSFD Weatherby Atheana Weatherby D’Italia Series Weatherby Orion Westley Richards Best Quality Sidelock Westley Richards Boxlock Shotguns Westley Richards Connaught Model Westley Richards Hand Detachable Lock Model William Douglas Boxlock Winchester Model 21 Winchester Model 24 Zoli Alley Cleaner Zoli Classic Zoli Falcon II Zoli Model Quail Special Zoli Pheasant Zoli Silver Hawk Zoli Silver Snipe Shotguns—Bolt Actions & Single Shots ADCC Diamond Folding Model American Arms Single-Shot ARMSCOR 301A Armsport Single Barrel Shotgun Baikal MP18 Beretta 471 EL Silver Hawk Beretta 471 Silver Hawk Beretta Beta Single Barrel Beretta MKII Trap Beretta Model 412 Beretta Model FS Beretta TR–1 Beretta TR–1 Trap Beretta Vandalia Special Trap Browning BT–99 Competition Trap Special Browning BT–99 Plus Micro Browning BT–99 Plus Trap Gun Browning Micro Recoilless Trap Shotgun Browning Recoilless Trap Shotgun Crescent Single Shot Models CZ Cottontail Desert Industries Big Twenty Shotgun Fefever Long Range Field Frigon FS–4 Frigon FT–1 Frigon FT–C Gibbs Midland Stalker Greener General Purpose GP MKI/MKII H&R Survivor H&R Tracker Slug Model Harrington & Richardson N.W.T.F. Turkey Mag Harrington & Richardson Pardner Harrington & Richardson Pardner Compact Harrington & Richardson Pardner Compact Turkey Gun Harrington & Richardson Pardner Screw-In Choke Harrington & Richardson Pardner Turkey Gun Harrington & Richardson Pardner Turkey Gun Camo Harrington & Richardson Pardner Waterfowl Harrington & Richardson Tamer Harrington & Richardson Tamer 20 Harrington & Richardson Topper Classic Youth Shotgun Harrington & Richardson Topper Deluxe Classic Harrington & Richardson Topper Deluxe Model 098 Harrington & Richardson Topper Junior Harrington & Richardson Topper Model 098 Harrington & Richardson Topper Trap Gun Harrington & Richardson Tracker II Slug Gun Harrington & Richardson Ultra Slug Hunter Harrington & Richardson Ultra Slug Hunter Compact Harrington & Richardson Ultra Slug Hunter Deluxe Harrington & Richardson Ultra Slug Hunter Thumbhole Stock Harrington & Richardson Ultra-Lite Slug Hunter Hi-Standard 514 Model Holland & Holland Single Barrel Trap IGA Reuna Model IGA Single Barrel Classic Ithaca Model 66 Ithaca Single Barrel Trap Iver Johnson Champion Series Iver Johnson Commemorative Series Single Shot Shotgun Iver Johnson Excel Krieghoff K–80 Single Barrel Trap Gun Krieghoff KS–5 Special Krieghoff KS–5 Trap Gun Lefever Trap Gun Ljutic LTX Super Deluxe Mono Gun Ljutic Mono Gun Single Barrel Ljutic Recoilless Space Gun Shotgun Marlin Model 55 Goose Gun Bolt Action Marlin Model 60 Single Shot Marocchi Model 2000 Mossberg Models G–4, 70, 73, 73B Mossberg Models 75 Series Mossberg Models 80, 83, 83B, 83D Mossberg 173 Series Mossberg Model 183 Series Mossberg Model 185 Series Mossberg Model 190 Series Mossberg Model 195 Series Mossberg Model 385 Series Mossberg Model 390 Series Mossberg Model 395 Series Mossberg Model 595 Series Mossberg Model 695 Series New England Firearms N.W.T.F. Shotgun New England Firearms Standard Pardner New England Firearms Survival Gun New England Firearms Tracker Slug Gun New England Firearms Turkey and Goose Gun Parker Single Barrel Trap Models Perazzi TM1 Special Single Trap Remington 90–T Super Single Shotgun Remington Model No. 9 Remington Model 310 Skeet Remington Model No. 3 Rossi Circuit Judge Lever Action Shotgun Rossi Circuit Judge Shotgun Ruger Single Barrel Trap S.W.D. Terminator Savage Kimel Kamper Single Shot Savage Model 210F Slug Warrior Savage Model 212 Slug Gun Savage Model 220 Series Savage Model 220 Slug Gun SEITZ Single Barrel Trap SKB Century II Trap SKB Century Trap SKB Model 505 Trap SKB Model 605 Trap Smith, L.C. Single Barrel Trap Models Snake Charmer II Shotgun Stoeger/IGA Reuna Single Barrel Shotgun Tangfolio Model RSG–16 Tangfolio Blockcard Model Tangfolio Model DSG Tangfolio Model RSG–12 Series Tangfolio Model RSG–20 Tangfolio RSG-Tactical Taurus Circuit Judge Shotgun Thompson/Center Encore Shotgun Thompson/Center Pro Hunter Turkey Shotgun Thompson/Center TCR ’87 Hunter Shotgun Universal Firearms Model 7212 Single Barrel Trap Winchester Model 36 Single Shot Winchester Model 37 Single Shot Winchester Model 41 Bolt Action Winchester Model 9410 Series Zoli Apache Model Zoli Diano Series Zoli Loner Series . 4. Penalties Section 924(a)(1)(B) of title 18, United States Code, is amended by striking or (q) of section 922 (q), (r), (v), (w), or (aa) of section 922 5. Background checks for transfers of grandfathered semiautomatic assault weapons (a) In general Section 922 of title 18, United States Code, as amended by this Act, is amended— (1) by repealing subsection (s); (2) by redesignating subsection (t) as subsection (s); (3) in subsection (s), as redesignated— (A) in paragraph (3)(C)(ii), by striking (as defined in subsection (s)(8)) (B) by adding at the end the following: (7) In this subsection, the term chief law enforcement officer ; and (4) by inserting after subsection (s), as redesignated, the following: (t) (1) Beginning on the date that is 90 days after the date of enactment of the Assault Weapons Ban of 2023 (2) Paragraph (1) shall not apply to a temporary transfer of possession for the purpose of participating in target shooting in a licensed target facility or established range if— (A) the grandfathered semiautomatic assault weapon is, at all times, kept within the premises of the target facility or range; and (B) the transferee is not known to be prohibited from possessing or receiving a grandfathered semiautomatic assault weapon. (3) For purposes of this subsection, the term transfer (A) shall include a sale, gift, or loan; and (B) does not include temporary custody of the grandfathered semiautomatic assault weapon for purposes of examination or evaluation by a prospective transferee. (4) (A) Notwithstanding any other provision of this chapter, the Attorney General may implement this subsection with regulations. (B) Regulations promulgated under this paragraph— (i) shall include a provision setting a maximum fee that may be charged by licensees for services provided in accordance with paragraph (1); and (ii) shall not include any provision imposing recordkeeping requirements on any unlicensed transferor or requiring licensees to facilitate transfers in accordance with paragraph (1). . (b) Technical and conforming amendments (1) Chapter 44 of title 18, United States Code (A) Section 922 Section 922(y)(2) of title 18, United States Code, is amended, in the matter preceding subparagraph (A), by striking , (g)(5)(B), and (s)(3)(B)(v)(II) and (g)(5)(B) (B) Section 925a Section 925A of title 18, United States Code, is amended, in the matter preceding paragraph (1), by striking subsection (s) or (t) of section 922 section 922(s) (C) Section 925B Section 925B of title 18, United States Code, is amended by striking section 922(t) section 922(s) (2) Brady Handgun Violence Prevention Act Section 103(l) of the Brady Handgun Violence Prevention Act ( 34 U.S.C. 40901(l) subsection (t) subsection (s) (c) Effective date The amendments made by this section shall take effect 90 days after the date of enactment of this Act. 6. Use of Byrne grants for buy-back programs for semiautomatic assault weapons and large capacity ammunition feeding devices Section 501(a)(1) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10152(a)(1) (J) Compensation for surrendered semiautomatic assault weapons and large capacity ammunition feeding devices, as those terms are defined in section 921 of title 18, United States Code, under buy-back programs for semiautomatic assault weapons and large capacity ammunition feeding devices. . 7. Severability If any provision of this Act, an amendment made by this Act, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, the remainder of this Act, the amendments made by this Act, and the application of such provision or amendment to any person or circumstance shall not be affected thereby.

Assault Weapons Ban of 2023

Artificial Intelligence Bug Bounty Act of 2023 This bill requires the Chief Digital and Artificial Intelligence Office (CDAO) within the Department of Defense (DOD) to develop a bug bounty program for foundational artificial intelligence products being incorporated by DOD. Generally, a bug bounty program provides incentives to individuals to discover and report on vulnerabilities in an organization's software or systems. Not later than one year after the enactment of this bill, CDAO must brief Congress on the development of bug bounty programs and long-term plans with respect to such programs.

118 S2502 IS: Artificial Intelligence Bug Bounty Act of 2023 U.S. Senate 2023-07-26 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 2502 IN THE SENATE OF THE UNITED STATES July 26, 2023 Mr. Rounds Committee on Armed Services A BILL To require the Chief Data and Artificial Intelligence Officer of the Department of Defense to develop a bug bounty program relating to dual-use foundational artificial intelligence models. 1. Short title This Act may be cited as the Artificial Intelligence Bug Bounty Act of 2023 2. Artificial intelligence bug bounty programs (a) Program for foundational artificial intelligence products being incorporated by Department of Defense (1) Development required Not later than 180 days after the date of the enactment of this Act, the Chief Data and Artificial Intelligence Officer of the Department of Defense shall develop a bug bounty program for foundational artificial intelligence products being incorporated by the Department of Defense. (2) Collaboration In developing the program required by paragraph (1), the Chief may collaborate with the heads of other government agencies that have expertise in cybersecurity and artificial intelligence. (3) Implementation authorized The Chief may carry out the program developed pursuant to subsection (a). (4) Contracts The Secretary of Defense shall ensure that whenever the Department of Defense enters into any contract, the contract allows for participation in the bug bounty program developed pursuant to paragraph (1). (5) Rule of construction Nothing in this subsection shall be construed to require— (A) the use of any foundational artificial intelligence product; or (B) the implementation of the program developed pursuant to paragraph (1) in order for the Department to incorporate a foundational artificial intelligence product. (b) Briefing Not later than one year after the date of the enactment of this Act, the Chief shall provide the congressional defense committees (as defined in section 101(a) of title 10, United States Code) a briefing on— (1) the development and implementation of bug bounty programs the Chief considers relevant to the matters covered by this section; and (2) long-term plans of the Chief with respect to such bug bounty programs.

Artificial Intelligence Bug Bounty Act of 2023

Stop Supreme Court Leakers Act of 2023 This bill establishes new federal crimes for the unauthorized disclosure of confidential information by officers or employees of the Supreme Court. Specifically, the bill prohibits an officer or employee of the Supreme Court from knowingly publishing, divulging, disclosing, or making known in any manner or to any extent not authorized by law any confidential information coming to that officer or employee in the course of the employment or official duties of that officer or employee. A violation is subject to criminal penalties. Additionally, any property constituting or derived from proceeds obtained as the result of the violation is subject to criminal forfeiture.

118 S251 IS: Stop Supreme Court Leakers Act of 2023 U.S. Senate 2023-02-02 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 251 IN THE SENATE OF THE UNITED STATES February 2, 2023 Mr. Cassidy Mrs. Hyde-Smith Mr. Rubio Mr. Wicker Mr. Daines Mrs. Blackburn Mr. Lee Committee on the Judiciary A BILL To amend title 18, United States Code, to provide for penalties for the unauthorized disclosure of confidential information by officers or employees of the Supreme Court, and for other purposes. 1. Short title This Act may be cited as the Stop Supreme Court Leakers Act of 2023 2. Obstruction of Supreme Court deliberations (a) In general Chapter 73 1522. Obstruction of Supreme Court deliberations (a) Definition In this section, the term confidential information (1) internal notes taken by an employee of the Supreme Court of the United States on cases heard by the Supreme Court; (2) any communication between the Chief Justice of the United States or an associate justice of the Supreme Court of the United States and an employee or officer of the Supreme Court; (3) a communication between officers and employees of the Supreme Court of the United States on a matter pending before the Supreme Court; (4) a draft opinion or a final opinion prior to the date on which such opinion is released to the public; (5) personal information of the Chief Justice of the United States or an associate justice of the Supreme Court of the United States that is not otherwise legally available to the public; and (6) any other information designated to be confidential by the Chief Justice of the United States prior to the date on which a violation of subsection (b) occurs. (b) Prohibition It shall be unlawful for any person, while serving as an officer or employee of the Supreme Court, to knowingly publish, divulge, disclose, or make known in any manner or to any extent not authorized by law any confidential information coming to that officer or employee in the course of the employment or official duties of that officer or employee. (c) Criminal penalties (1) In general Except as provided in paragraph (2), any individual who violates, or conspires to violate, subsection (b) shall be imprisoned not more than 10 years and fined under this title. (2) Internal notes Any individual who violates, or conspires to violate, subsection (a) with confidential information described in subsection (a)(1) shall be fined $10,000. . (b) Criminal forfeiture Section 982(a)(2)(B) of title 18, United States Code, is amended by striking 1029, or 1030 1029, 1030, or 1522 (c) Table of contents The table of sections for chapter 73 1522. Obstruction of Supreme Court deliberations. .

Stop Supreme Court Leakers Act of 2023

Promotion and Expansion of Private Employee Ownership Act of 2023 This bill accelerates to the enactment date of this bill the deferral of tax (currently, after December 31, 2027) on sales of employer stock to employee stock ownership plans (ESOPs) sponsored by S corporations. It also eliminates the limitation on the amount that may be deferred. The Department of the Treasury must establish the S Corporation Employee Ownership Assistance Office to foster increased employee ownership of S corporations. The office must provide education and outreach about the benefits of employee ownership of S corporations and technical assistance to assist S corporations in sponsoring ESOPs. The bill directs the Department of Labor to appoint an Advocate for Employee Ownership.

117 S2515 IS: Promotion and Expansion of Private Employee Ownership Act of 2023 U.S. Senate 2023-07-26 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 2515 IN THE SENATE OF THE UNITED STATES July 26, 2023 Mr. Cardin Mr. Daines Ms. Stabenow Mr. Crapo Mr. Brown Mr. Grassley Mr. Van Hollen Mr. Barrasso Ms. Klobuchar Mr. Young Mr. Tester Mr. Cassidy Mr. Booker Mrs. Blackburn Ms. Smith Mr. Risch Mr. Sanders Ms. Collins Mr. King Mr. Moran Mr. Reed Mr. Welch Committee on Finance A BILL To amend the Internal Revenue Code of 1986 and the Small Business Act to expand the availability of employee stock ownership plans in S corporations, and for other purposes. 1. Short title This Act may be cited as the Promotion and Expansion of Private Employee Ownership Act of 2023 2. Findings Congress finds that— (1) on January 1, 1998—nearly 25 years after the Employee Retirement Income Security Act of 1974 was enacted and the employee stock ownership plan (hereafter in this section referred to as an ESOP Public Law 104–188 (2) with the passage of the Taxpayer Relief Act of 1997 ( Public Law 105–34 (3) since that time, several thousand companies have become ESOP-owned S corporations, creating an ownership interest for several million Americans in companies in every State in the country, in industries ranging from heavy manufacturing to technology development to services; (4) while estimates show that 40 percent of working Americans have no formal retirement account at all, every United States worker who is an employee-owner of an S corporation company through an ESOP has a valuable qualified retirement savings account; (5) recent studies have shown that employees of ESOP-owned S corporations enjoy greater job stability than employees of comparable companies; (6) studies also show that employee-owners of S corporation ESOP companies have amassed meaningful retirement savings through their S ESOP accounts that will give them the means to retire with dignity; (7) under the Small Business Act ( 15 U.S.C. 631 et seq. (8) it is the goal of Congress to both preserve and foster employee ownership of S corporations through ESOPs. 3. Full deferral of tax for certain sales of employer stock to employee stock ownership plan sponsored by S corporation (a) Acceleration of deferral Section 114(c) of the SECURE 2.0 Act of 2022 is amended by striking December 31, 2027 the date of the enactment of the Promotion and Expansion of Private Employee Ownership Act of 2023 (b) Repeal of limitation (1) In general Section 1042 (2) Effective date The amendment made by paragraph (1) shall apply to sales after the date of the enactment of this Act. 4. Department of the Treasury Technical Assistance Office (a) Establishment required Before the end of the 90-day period beginning on the date of enactment of this Act, the Secretary of the Treasury shall establish the S Corporation Employee Ownership Assistance Office to foster increased employee ownership of S corporations. (b) Duties of the office The S Corporation Employee Ownership Assistance Office shall provide— (1) education and outreach to inform companies and individuals about the possibilities and benefits of employee ownership of S corporations; and (2) technical assistance to assist S corporations in sponsoring employee stock ownership plans. 5. Small business and employee stock ownership (a) In general The Small Business Act ( 15 U.S.C. 631 et seq. (1) by redesignating section 49 as section 50; and (2) by inserting after section 48 the following: 49. Employee stock ownership plans (a) Definitions In this section— (1) the term ESOP section 4975(e)(7) (2) the term ESOP business concern (b) Continued eligibility In determining whether an ESOP business concern qualifies as a small business concern for purposes of a loan, preference, or other program under this Act, each ESOP participant shall be treated as directly owning his or her proportionate share of the stock in the ESOP business concern owned by the ESOP. . (b) Effective date The amendments made by this section shall take effect on January 1 of the first calendar year beginning after the date of the enactment of this Act. 6. Establishment of the advocate for employee ownership (a) In general Subtitle A of title III of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1201 et seq. 3005. Advocate for employee ownership (a) In general The Secretary of Labor shall appoint an Advocate for Employee Ownership within the Employee Ownership Initiative established under section 346(b)(1) of the SECURE 2.0 Act of 2022 (division T of the Consolidated Appropriations Act, 2023 ( Public Law 117–328 (b) Duties The Advocate for Employee Ownership shall— (1) consult with the head of the Employee Ownership Initiative established under section 346(b)(1) of the SECURE 2.0 Act of 2022 (division T of the Consolidated Appropriations Act, 2023 ( Public Law 117–328 (2) act as a liaison between the Department of Labor, employee ownership advocates, employers considering employee ownership, workers interested in employee ownership, and other stakeholders, including employee stock ownership plan sponsors and participants; (3) provide public education and assistance related to the expansion of employee ownership through the establishment and maintenance of practices that promote employee ownership, including the use of employee stock ownership plans; (4) provide assistance for purposes of resolving a dispute with the Department of Labor to any employee stock ownership plan sponsor, fiduciary, or participant and help facilitate communication between such entities and the Department of Labor for such purposes; (5) in consultation with the S Corporation Employee Ownership Assistance Office of the Department of the Treasury established under section 4 of the Promotion and Expansion of Private Employee Ownership Act of 2023 (6) coordinate with other Federal agencies, including the Administrator of the Small Business Administration, the Secretary of the Treasury, and the Secretary of Commerce, and State and local governments on outreach and education to inform employees and employers about the possibilities and benefits of employee ownership as a business ownership succession planning option. (c) Consultation and input The Secretary shall solicit advice and input from the Advocate for Employee Ownership in developing regulations or interpretations of this Act that relate to employee stock ownership plans. (d) Compensation The Advocate for Employee Ownership shall be entitled to compensation at the same rate as the rate of basic pay in effect for a position at level V of the Executive Schedule under section 5316 of title 5, United States Code. (e) Annual report (1) In general Not later than December 31 of each calendar year beginning after the date of enactment of this section, the Advocate for Employee Ownership shall submit a report to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives on the activities of the Office of the Advocate for Employee Ownership during the fiscal year ending during such calendar year, including the contents described in paragraph (2). (2) Content Each report submitted under paragraph (1) shall— (A) summarize the assistance requests received by the Advocate for Employee Ownership during the fiscal year ending during the calendar year of such report; (B) describe the activities, including the activities described under paragraphs (3) and (4) of subsection (b), and evaluate the effectiveness of the Advocate for Employee Ownership during such fiscal year; (C) describe any significant problems the Advocate for Employee Ownership has identified during such fiscal year and ways to mitigate such problems; (D) contain recommendations for any administrative or legislative action that may be appropriate to resolve barriers to, and to incentivize, practices that promote employee ownership, including the use of employee stock ownership plans; and (E) describe progress related to employee ownership in businesses in the United States. (3) Concurrent submission The Advocate for Employee Ownership shall submit a copy of each report submitted under paragraph (1) to the Secretary of Labor, and any other appropriate official, at the same time such report is submitted under paragraph (1). (4) Public availability The Advocate for Employee Ownership shall make a copy of each report submitted under paragraph (1) available to the public. (5) Definition of employee stock ownership plan For purposes of this section, the term employee stock ownership plan section 4975(e)(7) (f) Authorization of appropriations There is authorized to be appropriated such sums as may be necessary to carry out subsection (d). . (b) Clerical amendment The table of contents in section 1 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1001 Sec. 3005. Advocate for employee ownership. .

Promotion and Expansion of Private Employee Ownership Act of 2023

Auto Reenroll Act of 2023 This bill allows sponsors of automatic contribution arrangements to reenroll their employees in such arrangements at least once every three years. The purpose of the bill is to increase employee participation in tax-exempt pension plans and other retirement arrangements.

118 S2517 IS: Auto Reenroll Act of 2023 U.S. Senate 2023-07-26 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 2517 IN THE SENATE OF THE UNITED STATES July 26, 2023 Mr. Kaine Mr. Cassidy Committee on Health, Education, Labor, and Pensions A BILL To amend the Internal Revenue Code of 1986 and the Employee Retirement Income Security Act of 1974 to allow for periodic automatic reenrollment under qualified automatic contribution arrangements, and for other purposes. 1. Short title This Act may be cited as the Auto Reenroll Act of 2023 2. Automatic reenrollment under qualified automatic contribution arrangements and eligible automatic contribution arrangements (a) Qualified automatic contribution arrangements (1) In general Section 401(k)(13)(C) (v) Periodic automatic deferral permitted A qualified automatic contribution arrangement shall not fail to be treated as meeting the requirements of this subparagraph solely by reason of the fact that, under the arrangement— (I) an election by an employee under clause (ii)(I) terminates after not more than 3 years (but not less than 1 year), and (II) such employee is treated as having made an election under clause (i) after such termination unless such employee makes a new affirmative election under clause (ii). A termination described in subclause (I) may be made at one time for a plan year for all employees who have made an election described in such subclause. . (2) Coordination with rule for current employees (A) In general Clause (iv) of section 401(k)(13)(C) of such Code is amended by striking either to participate in the arrangement or not to participate in the arrangement to participate in the arrangement (B) Special rule for previously disregarded employees (i) In general For purposes of applying section 401(k)(13)(C)(v) (ii) Previously disregarded employee For purposes of this subparagraph, the term previously disregarded employee section 401(k)(13)(C)(i) (b) Eligible automatic contribution arrangements Section 414(w)(3) (1) by redesignating subparagraphs (A) through (C) as clauses (i) through (iii), respectively, and moving the margins of such clauses 2 ems to the right; (2) by striking arrangement arrangement (A) In general For purposes of ; and (3) by adding at the end the following new subparagraph: (B) Periodic automatic deferral permitted An arrangement shall not fail to be treated as an eligible automatic contribution arrangement under this subsection solely by reason of the fact that, under the arrangement— (i) an election by an employee under subparagraph (A)(ii) not to have contributions made terminates after not more than 3 years (but not less than 1 year), and (ii) such employee is treated as having made an election under subparagraph (A)(ii) to make contributions at the uniform percentage level described in such subparagraph after such termination unless such employee makes a new election not to so make such contributions. A termination described in clause (i) may be made at one time for a plan year for all employees who have made an election described in such clause. . (c) Conforming amendment Section 514(e)(2) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1144(e)(2) (1) by redesignating subparagraphs (A) through (C) as clauses (i) through (iii), respectively; (2) by striking (2) For purposes of (2)(A) For purposes of (3) by adding at the end the following: (B) An arrangement shall not fail to be treated as an automatic contribution arrangement under this subsection solely by reason of the fact that under the arrangement— (i) an election by an employee under subparagraph (A)(ii) not to have contributions made terminates after not more than 3 years (but not less than 1 year), and (ii) such employee is treated as having made an election under subparagraph (A)(ii) to make contributions at the uniform percentage level described in such subparagraph after such termination unless such employee makes a new election not to so make such contributions. A termination described in clause (i) may be made at one time for a plan year for all employees who have made an election described in such clause, regardless of individual employee dates of enrollment. . (d) Effective date The amendments made by this section shall apply to plan years beginning after the date of the enactment of this Act. (e) No inference The amendments made by this section shall not be construed to create any inference with respect to— (1) the application of section 401(k)(13)(C) (2) the application of section 401(k)(13)(C)(v)

Auto Reenroll Act of 2023

Ending Tax Breaks for Massive Sovereign Wealth Funds Act This bill denies a tax exemption for income from investments of a non-exempt foreign government. The bill defines non-exempt foreign government as any foreign government that holds, directly or indirectly, more than $100 billion in assets for investment or for the production of income, and either does not have a free trade agreement or treaty in effect with the United States, or is a foreign government of a covered nation (i.e., Russia, China, North Korea, or Iran). The Department of the Treasury must publish a list of non-exempt foreign government for purposes of this bill.

118 S2518 IS: Ending Tax Breaks for Massive Sovereign Wealth Funds Act U.S. Senate 2023-07-26 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 2518 IN THE SENATE OF THE UNITED STATES July 26, 2023 Mr. Wyden Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to make investment income of certain foreign governments subject to tax. 1. Short title This Act may be cited as the Ending Tax Breaks for Massive Sovereign Wealth Funds Act 2. Investment income of certain foreign governments subject to tax (a) In general Section 892(a) (4) Investment income of non-exempt foreign governments (A) In general Paragraph (1)(A)(i) shall not apply to income from investments of a non-exempt foreign government. (B) Non-exempt foreign government For purposes of this paragraph, the term non-exempt foreign government (i) holds, directly or indirectly, more than $100,000,000,000 in assets for investment or for the production of income, and (ii) either— (I) does not have a free trade agreement in effect with the United States or an income tax treaty or convention in effect with the United States, or (II) is a foreign government of a covered nation (as defined in section 4872(d)(2) of title 10, United States Code). . (b) Regulations Section 892(c) , including— (1) regulations to prevent the avoidance of the purposes of subsection (a)(4), and (2) regulations relating to the types of assets taken into account under subsection (a)(4)(B)(i). . (c) Publication of list of non-Exempt foreign governments (1) In general Not later than December 31, 2024, the Secretary of the Treasury (or the Secretary's delegate) shall publish a list of foreign governments which are non-exempt foreign governments (as defined in section 892(a)(4) (2) Updating The Secretary of the Treasury (or the Secretary's delegate) shall regularly update the list published under paragraph (1). (d) Effective date (1) In general Except as provided in paragraph (2), the amendments made by this section shall apply to income received after December 31, 2023. (2) Delay in application for income on qualified investments In the case of any qualified investment, the amendments made by this section shall apply to income received from such investment after December 31, 2025. (3) Qualified investment For purposes of paragraph (2)— (A) In general The term qualified investment section 892 (B) Certain later investments treated as qualified investments In the case of an investment made by a non-exempt foreign government which would be treated as a qualified investment of such government but for the fact it was made after the date of the enactment of this Act and before January 1, 2026, such investment shall be treated as a qualified investment if it— (i) was made pursuant to a binding contract which— (I) was in effect on such date of enactment and at all times thereafter before such investment, (II) required such investment to be made on a fixed date and in a fixed amount, and (III) did not allow any person to delay, deny, or excuse such investment, or (ii) is a qualified public investment. (C) Termination of qualified investment treatment (i) In general If— (I) a domestic corporation of which a non-exempt foreign government is a direct shareholder and which has received 1 or more qualified investments, or (II) a domestic or foreign partnership (or similar flow-through entity) in which a non-exempt foreign government is a direct partner and which has made 1 or more qualified investments on behalf of a non-exempt foreign government, receives an additional investment (which is not a qualified investment) from any non-exempt foreign government, then, notwithstanding paragraph (2), the amendments made by this section shall apply to income received from all the qualified investments received by the non-exempt foreign government from such domestic corporation or through such partnership (or similar flow-through entity) after the date on which such domestic corporation or partnership (or similar flow-through entity) receives such additional investment. (ii) Determination of receipt For purposes of this subparagraph, an entity described in subclause (I) or (II) of clause (i) shall be treated as having received an additional investment from a non-exempt foreign government if— (I) it receives such investment directly from such government, or (II) it receives such investment from a partnership (or similar flow-through entity) of which such government is a direct or indirect partner. (iii) Certification For purposes of this subparagraph, an entity shall be treated as having received additional investments described in clause (i) unless, at the time of making payments of income on any qualified investment, such entity certifies (in such manner as the Secretary of the Treasury or his delegate may prescribe) that no such additional investments have been received as of such time. (D) Qualified public investment For purposes of subparagraph (B)(ii)— (i) In general The term qualified public investment (ii) Exception Such term shall not include— (I) any investment in a domestic corporation on or after the date on which such non-exempt foreign government holds (directly or indirectly) 10 percent or more (by vote or value) of the total outstanding shares of stock in such domestic corporation, and (II) any investment in a domestic or foreign partnership on or after the date on which such non-exempt foreign government holds (directly or indirectly) 10 percent or more of the capital or profits interests of such domestic partnership. (E) Other terms For purposes of this paragraph— (i) Non-exempt foreign government The term non-exempt foreign government section 892(a)(4) (ii) Investment The term investment section 892(a)(1)(A)(i)

Ending Tax Breaks for Massive Sovereign Wealth Funds Act

Sports League Tax-Exempt Status Limitation Act This bill denies a tax exemption for professional sports leagues whose assets have an average annual value in excess of $500 million for any 3-taxable year period beginning after 2020.

118 S2519 IS: Sports League Tax-Exempt Status Limitation Act U.S. Senate 2023-07-26 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 2519 IN THE SENATE OF THE UNITED STATES July 26, 2023 Mr. Wyden Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to impose an asset test on professional sports leagues qualifying for 501(c)(6) status. 1. Short title This Act may be cited as the Sports League Tax-Exempt Status Limitation Act 2. Asset test for professional sports leagues (a) In general Paragraph (6) of section 501(c) (1) by inserting (A) after (6) , and (2) by adding at the end the following new subparagraph: (B) Subparagraph (A) shall not apply to any professional football league if the average annual value of the assets of such league, as reported on the league's annual return, for any 3-taxable-year period beginning after December 31, 2020, exceeds $500,000,000. . (b) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2023.

Sports League Tax-Exempt Status Limitation Act

Protecting Kids from Gun Marketing Act This bill requires the Federal Trade Commission to issue rules prohibiting any manufacturer, dealer, or importer from marketing or advertising a firearm or any firearm-related product to a minor in a manner that is designed, intended, or reasonably appears to be attractive to a minor. The bill provides for enforcement of this prohibition by the commission, state attorneys general, and individual civil action. The commission must provide business and consumer education and report its plan to enforce the prohibition.

118 S252 IS: Protecting Kids from Gun Marketing Act U.S. Senate 2023-02-02 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 252 IN THE SENATE OF THE UNITED STATES February 2, 2023 Mr. Markey Mr. Blumenthal Mr. Murphy Ms. Warren Mr. Durbin Mr. Padilla Mrs. Feinstein Mr. Reed Mr. Whitehouse Ms. Duckworth Mr. Casey Ms. Hirono Committee on Commerce, Science, and Transportation A BILL To direct the Federal Trade Commission to prescribe rules prohibiting the marketing of firearms to minors, and for other purposes. 1. Short title This Act may be cited as the Protecting Kids from Gun Marketing Act 2. Prohibition of marketing firearms to minors (a) Conduct prohibited (1) In general Not later than 1 year after the date of enactment of this Act, the Commission shall, in accordance with section 553 of title 5, United States Code, promulgate rules to prohibit any manufacturer, dealer, or importer, or agent thereof, from marketing or advertising a firearm or any firearm-related product to a minor in a manner that is designed, intended, or reasonably appears to be attractive to a minor. (2) Considerations In determining whether any marketing or advertising reasonably appears to be attractive to a minor for purposes of paragraph (1), the Commission shall consider the totality of the circumstances, including whether such marketing or advertising does any of the following: (A) Uses any cartoon character, any caricature, or any meme that reasonably appears to be a minor, or intended to appeal to minors, to promote any firearm or firearm-related product. (B) Offers to minors any brand name merchandise of a manufacturer, dealer, or importer (including any hat, T-shirt, other clothing, toy, game, or stuffed animal) that promotes a firearm or firearm-related product. (C) Offers any firearm or firearm-related product with features, sizes, or designs that are specifically designed to be used by, or appeal to, minors. (D) Uses any image or depiction of a minor to depict the use or handling of a firearm or firearm-related product. (E) Is intended to reach an audience that is predominately composed of minors and not intended for a more general audience composed of adults. (F) Offers any firearm or firearm-related product as a gift to a minor in order to promote or advertise any firearm or firearm-related product of a manufacturer, dealer, or importer. (G) Promotes the contracts of the manufacturer, dealer, or importer with the Federal Government or United States Armed Forces to imply an affiliation or endorsement of the manufacturer, dealer, or importer's firearms or firearm-related products. (b) Enforcement (1) Enforcement by the Commission (A) Unfair or deceptive acts or practices A violation of a rule promulgated under subsection (a) shall be treated as a violation of a rule defining an unfair or deceptive act or practice under section 18(a)(1)(B) of the Federal Trade Commission Act ( 15 U.S.C. 57a(a)(1)(B) (B) Powers of the Commission (i) In general The Commission shall enforce the rules promulgated under subsection (a) in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. (ii) Privileges and immunities Any person who violates a rule promulgated under subsection (a) shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. (iii) Authority preserved Nothing in this section shall be construed to limit the authority of the Commission under any other provision of law. (iv) Rulemaking The Commission shall promulgate, in accordance with section 553 of title 5, United States Code, such rules as may be necessary to carry out this section. (2) Enforcement by State Attorneys General (A) In general (i) Civil actions In any case in which the attorney general of a State has reason to believe that an interest of the residents of that State has been or is threatened or adversely affected by the engagement of any person in an act or practice that violates a rule promulgated under subsection (a), the State, as parens patriae, may bring a civil action on behalf of the residents of the State in a Federal court of appropriate jurisdiction to— (I) enjoin that act or practice; (II) enforce compliance with such rule; (III) on behalf of residents of the State, obtain damages, restitution, or other compensation; or (IV) obtain such other legal or equitable relief as the court may consider to be appropriate. (ii) Notice (I) In general Before filing an action under clause (i), the attorney general of the State involved shall provide to the Commission— (aa) written notice of that action; and (bb) a copy of the complaint for that action. (II) Exemption (aa) In general Subclause (I) shall not apply with respect to the filing of an action by an attorney general of a State under this subparagraph if the attorney general of the State determines that it is not feasible to provide the notice described in that subclause before the filing of the action. (bb) Notification In an action described in item (aa), the attorney general of a State shall provide notice and a copy of the complaint to the Commission at the same time as the attorney general files the action. (B) Intervention (i) In general On receiving notice under subparagraph (A)(ii), the Commission shall have the right to intervene in the action that is the subject of the notice. (ii) Effect of intervention If the Commission intervenes in an action under clause (i), it shall have the right— (I) to be heard with respect to any matter that arises in that action; and (II) to file a petition for appeal. (C) Limitation on state action while federal action is pending If the Commission has instituted a civil action for violation of this Act, no State attorney general, or official or agency of a State, may bring an action under subparagraph (A) during the pendency of that action against any defendant named in the complaint of the Commission for any violation of this Act alleged in the complaint. (D) Rule of construction For purposes of bringing a civil action under subparagraph (A), nothing in this Act shall be construed to prevent an attorney general of a State from exercising the powers conferred on the attorney general by the laws of that State to— (i) conduct investigations; (ii) administer oaths or affirmations; or (iii) compel the attendance of witnesses or the production of documentary and other evidence. (3) Private right of action (A) In general Any individual alleging a violation of a rule promulgated under subsection (a) may bring a civil action in any Federal court of competent jurisdiction. (B) Relief In a civil action brought under subparagraph (A) in which the plaintiff prevails, the court may award— (i) compensatory or punitive damages; (ii) reasonable attorney’s fees, reasonable expert witness fees, and litigation costs; and (iii) any other relief, including equitable or declaratory relief, that the court determines appropriate. (C) Injury in fact Any individual injured as the foreseeable consequence of a violation of a rule promulgated under subsection (a) constitutes a concrete and particularized injury in fact to that individual. (c) Reports (1) Report on plan for enforcement; business and consumer education Not later than 60 days after the date on which the Commission issues a final rule under subsection (a)(1), the Commission shall— (A) submit to Congress a report detailing a plan to enforce such rule (but not including any information on the investigative techniques of the Commission); and (B) issue business and consumer education about this Act and such rule in order to inform the marketplace about how to comply with such rule. (2) Biennial report Beginning on the date that is 1 year after the date of enactment of this Act, and biennially thereafter, the Commission shall submit to Congress a report that includes, with respect to the previous year, a description of— (A) any enforcement action taken by the Commission under this Act or a rule promulgated thereunder; and (B) the outcome of any such action. (d) Severability If any provision of this Act is determined to be unenforceable or invalid, the remaining provisions of this Act shall not be affected. (e) Definitions In this Act: (1) Commission The term Commission (2) Dealer; firearm; importer; manufacturer The terms dealer firearm importer manufacturer (3) Firearm accessory The term firearm accessory (4) Firearm-related product The term firearm-related product (5) Minor The term minor

Protecting Kids from Gun Marketing Act

ABLE MATCH (Making Able a Tool to Combat Hardship) Act This bill allows beneficiaries of ABLE (Achieving a Better Life Experience) accounts a refundable tax credit to match their contributions to such accounts. The amount of such credit may not exceed $2,000. The bill also requires demographic reporting (e.g., race, gender, disability type) with respect to ABLE accounts and directs the Department of the Treasury to award grants to states for promoting such accounts and for making matching payments of contributions to such accounts.

118 S2522 IS: ABLE MATCH (Making Able a Tool to Combat Hardship) Act U.S. Senate 2023-07-26 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 2522 IN THE SENATE OF THE UNITED STATES July 26, 2023 Mr. Casey Mr. Wyden Ms. Klobuchar Mr. Sanders Ms. Duckworth Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to provide matching payments for ABLE account contributions by certain individuals, and for other purposes. 1. Short title This Act may be cited as the ABLE MATCH (Making Able a Tool to Combat Hardship) Act 2. Findings Congress finds the following: (1) People with disabilities are more than twice as likely to live in poverty than people without disabilities. (2) Households containing an adult with a disability that limits their ability to work requires, on average, 28 percent more income to obtain the same standard of living as similar households without a member with a disability. (3) The average income of households that include any working-age people with disabilities is $27,500 less than the average household income of people without disabilities. (4) The Stephen Beck, Jr., Achieving a Better Life Experience Act of 2014 provided for qualified ABLE programs, which provided eligible people with disabilities the opportunity to open tax-advantaged savings accounts without the risk of losing the benefits they need to participate in society. (5) As of March 2023, there were 144,068 ABLE accounts open in the United States with an average balance of $9,715. 3. Purposes The purposes of this Act are— (1) to encourage and assist individuals with disabilities with fewer resources to save using ABLE accounts; (2) to increase uptake and continued utilization of ABLE accounts by people with disabilities, especially those individuals receiving benefits under the Medicaid program established under title XIX of the Social Security Act and the program for supplemental security income benefits established under title XVI of such Act; and (3) to provide for a Federal match for new and existing ABLE accounts held by individuals with an annual income less than 200 percent of the Federal poverty limit. 4. Matching payments for ABLE account contributions by certain individuals (a) In general Subchapter B of chapter 65 6434. Matching payments for ABLE account contributions by certain individuals (a) In general (1) Allowance of credit Any individual who is the designated beneficiary of an ABLE account as of the last day of the taxable year and who makes qualified ABLE account contributions for such taxable year shall be allowed a credit for such taxable year in an amount equal to the applicable percentage of so much of the qualified ABLE account contributions made by such individual for the taxable year as does not exceed $2,000. (2) Payment of credit (A) In general The credit under this section shall be— (i) treated as allowed by subpart C of part IV of subchapter A of chapter 1, and (ii) paid by the Secretary as a contribution (as soon as practicable after the individual has filed a tax return making a claim for such credit for the taxable year) to the ABLE account of the individual. (B) Exception In the case of an individual who elects the application of this subparagraph and with respect to whom the credit determined under paragraph (1) is greater than zero but less than $50 for the taxable year, subparagraph (A)(ii) shall not apply. (b) Overall limitation The amount of the credit allowed under this section with respect to any individual shall not exceed the excess of— (1) the amount in effect under section 529A(b)(2)(B) for the taxable year, over (2) the amount of contributions made to the ABLE account of the individual for such taxable year. (c) Applicable percentage For purposes of this section— (1) In general Except as provided in paragraph (2), the applicable percentage is 100 percent. (2) Phaseout The percentage under paragraph (1) shall be reduced (but not below zero) by the number of percentage points which bears the same ratio to 100 percentage points as— (A) the excess of— (i) the taxpayer's modified adjusted gross income for such taxable year, over (ii) the applicable dollar amount, bears to (B) $20,000. If any reduction determined under this paragraph is not a whole percentage point, such reduction shall be rounded to the next lowest whole percentage point. (3) Applicable dollar amount The applicable dollar amount is— (A) in the case of a joint return, $56,000, (B) in the case of a head of household (as defined in section 2(b)), 3/4 (C) in any other case, 1/2 (d) Qualified ABLE account contributions For purposes of this section— (1) In general The term qualified ABLE account contributions (2) Reduction for certain distributions (A) In general The qualified ABLE account contributions determined under paragraph (1) for a taxable year shall be reduced (but not below zero) by the aggregate distributions received by the individual during the testing period from the ABLE account. (B) Testing period For purposes of subparagraph (A), the testing period, with respect to a taxable year, is the period which includes— (i) such taxable year, (ii) the 2 preceding taxable years, and (iii) the period after such taxable year and before the due date (including extensions) for filing the return of tax for such taxable year. (C) Excepted distributions There shall not be taken into account under subparagraph (A) the amount of distributions under a qualified ABLE program (within the meaning of section 529A) that is equal to amounts not included in gross income with respect to such distributions under section 529A(c)(1)(B) (relating to distributions for qualified disability expenses). (D) Treatment of distributions received by spouse of individual For purposes of determining distributions received by an individual under subparagraph (A) for any taxable year, any distribution received by the spouse of such individual shall be treated as received by such individual if such individual and spouse file a joint return for such taxable year and for the taxable year during which the spouse receives the distribution. (e) ABLE account For purposes of this section, the term ABLE account (f) Other definitions and special rules (1) Modified adjusted gross income For purposes of this section, the term modified adjusted gross income (2) Erroneous credits (A) In general If any contribution is erroneously paid under subsection (a)(2), including a payment that is not made to an ABLE account, the amount of such erroneous payment shall be treated as an underpayment of tax (other than for purposes of part II of subchapter A of chapter 68) for the taxable year in which the Secretary determines the payment is erroneous. (B) Distribution of erroneous credits In the case of a contribution to which subparagraph (A) applies, section 72 shall not apply to the distribution of such contribution (and any income attributable thereto) if such distribution is received not later than the day prescribed by law (including extensions of time) for filing the individual’s return for such taxable year. (3) Exception from reduction or offset Any payment made to any individual under this section shall not be— (A) subject to reduction or offset pursuant to subsection (c), (d), (e), or (f) of section 6402 or any similar authority permitting offset, or (B) reduced or offset by other assessed Federal taxes that would otherwise be subject to levy or collection. (g) Inflation adjustments (1) In general In the case of any taxable year beginning in a calendar year after 2027, the $56,000 amount in subsection (c)(3)(A) shall be increased by an amount equal to— (A) such dollar amount, multiplied by (B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting calendar year 2026 calendar year 2016 (2) Rounding Any increase determined under paragraph (1) shall be rounded to the nearest multiple of $1,000. . (b) Treatment of Certain Possessions (1) Payments to possessions with mirror code tax systems The Secretary of the Treasury shall pay to each possession of the United States which has a mirror code tax system amounts equal to the loss (if any) to that possession by reason of the amendments made by this section. Such amounts shall be determined by the Secretary of the Treasury based on information provided by the government of the respective possession. (2) Payments to other possessions The Secretary of the Treasury shall pay to each possession of the United States which does not have a mirror code tax system amounts estimated by the Secretary of the Treasury as being equal to the aggregate benefits (if any) that would have been provided to residents of such possession by reason of the amendments made by this section if a mirror code tax system had been in effect in such possession. The preceding sentence shall not apply unless the respective possession has a plan, which has been approved by the Secretary of the Treasury, under which such possession will promptly distribute such payments to its residents. (3) Coordination with credit allowed against United States income taxes No credit shall be allowed against United States income taxes under section 6434 (A) to whom a credit is allowed against taxes imposed by the possession by reason of the amendments made by this section, or (B) who is eligible for a payment under a plan described in paragraph (2). (4) Mirror code tax system For purposes of this subsection, the term mirror code tax system (5) Treatment of payments For purposes of section 1324 of title 31, United States Code, the payments under this subsection shall be treated in the same manner as a refund due from a credit provision referred to in subsection (b)(2) of such section. (c) Deficiencies Section 6211(b)(4) and 6433 6433, and 6434 (d) Payment authority Section 1324(b)(2) of title 31, United States Code, is amended by striking or 6433 6433, or 6434 (e) Conforming amendments (1) Subpart A of part IV of subchapter A of chapter 1 (2) The table of sections for subchapter B of chapter 65 of such Code is amended by adding at the end the following new item: Sec. 6434. Matching payments for ABLE account contributions by certain individuals. . (f) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2026. 5. Demographic reporting with respect to ABLE accounts (a) In general Section 529A(d)(1) In addition to the information required under the preceding sentence, each officer or employee having control of the qualified ABLE program of their designee shall include in reports provided to the Secretary demographic information (including race, gender, and disability type) relating to the designated beneficiaries of ABLE accounts under the program. (b) Effective date The amendment made by this section shall apply to reports made after the date of the enactment of this section. 6. Grants to promote use of ABLE accounts and the matching contribution credit (a) In general The Secretary of the Treasury (or the Secretary's delegate) may award grants to States to enable States to promote ABLE accounts (as defined in section 529A(e) (b) Authorization of appropriations There is authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2025 through 2029.

ABLE MATCH (Making Able a Tool to Combat Hardship) Act

Stop Funding Our Adversaries Act of 2023 This bill prohibits federal agencies from supporting through federal funding any research conducted by the Chinese Communist Party or the Chinese government.

118 S2525 IS: Stop Funding Our Adversaries Act of 2023 U.S. Senate 2023-07-26 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 2525 IN THE SENATE OF THE UNITED STATES July 26, 2023 Mr. Marshall Mr. Rubio Mr. Braun Committee on Homeland Security and Governmental Affairs A BILL To prohibit Federal spending on funding research in China, and for other purposes. 1. Short title This Act may be cited as the Stop Funding Our Adversaries Act of 2023 2. Purposes The purposes of this Act are— (1) to ensure that Federal funding does not support any research in China; and (2) to combat the military-civilian fusion policy of the People's Republic of China. 3. Definitions In this Act: (1) Chinese Communist Party The term Chinese Communist Party (2) Federal agency (A) In general The term Federal agency 42 U.S.C. 5122 (B) Inclusions The term Federal agency (3) Federal funding The term Federal funding (A) means any grant, subgrant, contract, cooperative agreement, and any other method through which the Federal Government provides funding to a recipient; and (B) includes a method through which the Federal Government provides funding to a subrecipient at any tier. (4) Government of the People's Republic of China The term Government of the People's Republic of China (A) any agent or instrumentality of the Government of the People's Republic of China; (B) any entity owned by or controlled by the People’s Republic of China; and (C) any organization managed by the Government of the People's Republic of China, the People's Liberation Army Ground Force of China, and any public institution of higher learning in China. 4. Prohibition on funding research in China The head of a Federal agency may not directly or indirectly support, through any Federal funding, research that will be conducted by the Government of the People's Republic of China or the Chinese Communist Party.

Stop Funding Our Adversaries Act of 2023

Supporting the Mental Health of Educators and Staff Act of 2023 This bill establishes grants and requires other activities to improve mental and behavioral health among education professionals and other school staff. Specifically, the Department of Health and Human Services (HHS) must award grants or contracts to educational agencies, institutions of higher education, or consortia of such entities for programs to promote mental health and resiliency among education professionals and other school staff. In addition, HHS may award grants for educator preparation programs and training. Additionally, HHS must conduct a campaign to (1) encourage education professionals and other school staff to seek support and treatment for mental and behavioral health concerns, and (2) disseminate best practices to prevent suicide and improve mental health and resiliency among education professionals and other school staff. HHS must also study and develop policy recommendations on improving mental and behavioral health among education professionals and other school staff, removing barriers to accessing care and treatment, and identifying strategies to promote resiliency. Furthermore, the Government Accountability Office must report on the extent to which relevant federal grant programs address the prevalence and severity of mental health conditions and substance use disorders among education professionals and other school staff.

117 S2530 IS: Supporting the Mental Health of Educators and Staff Act of 2023 U.S. Senate 2023-07-26 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 2530 IN THE SENATE OF THE UNITED STATES July 26, 2023 Mr. Casey Mr. King Mr. Wyden Mr. Kaine Mr. Merkley Committee on Health, Education, Labor, and Pensions A BILL To address behavioral health and well-being among education professionals and other school staff. 1. Short title This Act may be cited as the Supporting the Mental Health of Educators and Staff Act of 2023 2. Dissemination of best practices Not later than 2 years after the date of enactment of this Act, the Secretary of Health and Human Services (referred to in this Act as the Secretary (1) preventing suicide and improving mental health and resiliency among education professionals and other school staff; and (2) training education professionals and other school staff in appropriate strategies to support, maintain, and promote their mental health. 3. Education and awareness initiative encouraging use of mental health and substance use disorder services by education professionals and other school staff (a) In general The Secretary, in consultation with relevant stakeholders, including medical professional associations, shall establish a national evidence-based or evidence-informed education and awareness initiative— (1) to encourage education professionals and other school staff to seek support and care for their mental health or substance use concerns, to help such professionals and staff identify factors associated with risks for suicide and mental health conditions, and to help such professionals and staff learn how best to respond to such risks, with the goal of preventing suicide, mental health conditions, and substance use disorders; and (2) to address stigma associated with seeking mental health and substance use disorder services. (b) Reporting Not later than 2 years after the date of enactment of this Act, the Secretary shall provide to the Congress an update on the activities and outcomes of the initiative under subsection (a), including a description of quantitative and qualitative metrics used to evaluate such activities and outcomes. (c) Authorization of appropriations To carry out this section, there is authorized to be appropriated $10,000,000 for each of fiscal years 2024 through 2026. 4. Programs to promote mental health among the education workforce Subpart I of part E of title VII of the Public Health Service Act ( 42 U.S.C. 294n et seq. (1) by redesignating the second section 764 ( 42 U.S.C. 294t Public Law 117–105 (2) by inserting after such section 764A, as so redesignated, the following: 764B. Programs to promote mental health among the education workforce (a) Programs To promote mental health among education professionals and other school staff (1) In general The Secretary shall award grants or contracts to eligible entities to establish or enhance evidence-based or evidence-informed programs dedicated to improving mental health and resiliency for education professionals and other school staff. (2) Eligibility To be eligible to receive a grant or contract under this subsection, an entity shall be a State educational agency, a local educational agency, an institution of higher education, or a consortia thereof. (3) Use of funds An recipient of a grant or contract under this subsection shall use funds received through the grant or contract to implement a new program or enhance an existing program to promote mental health among education professionals and other school staff, which may include— (A) improving awareness among education professionals and other school staff about risk factors for, and signs of, suicide and mental health or substance use disorders, in accordance with evidence-based or evidence-informed practices; (B) establishing new, or enhancing existing, evidence-based or evidence-informed programs for preventing suicide and improving mental health and resiliency among education professionals and other school staff; (C) establishing new, or enhancing existing, peer-support programs among education professionals and other school staff; or (D) providing mental health care, follow-up services and care by a licensed or certified mental health professional (including by means of telehealth), or a referral for such care or services by a licensed or certified mental health professional, as appropriate. (4) Priority In awarding grants and contracts under this subsection, the Secretary shall give priority to eligible entities in areas with a high percentage of schools receiving financial assistance under part A of title I of the Elementary and Secondary Education Act of 1965. (b) Training grants The Secretary may establish a program to award grants to institutions of higher education, State educational agencies, local educational agencies, State or local governments, Indian Tribes or Tribal organizations, or other appropriate public or private nonprofit entities (or consortia of entities, including entities promoting multidisciplinary approaches) to support the inclusion in educator preparation programs (including administrator preparation programs), and in training, continuing education, or professional development programs for education professionals and other school staff, of evidence-based or evidence-informed strategies— (1) to address mental and substance use disorders; and (2) to improve mental health and resiliency among education professionals and other school staff. (c) Grant terms A grant or contract awarded under subsection (a) or (b) shall be for a period of 3 years. (d) Application submission An entity seeking a grant or contract under subsection (a) or (b) shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. (e) Annual report An entity awarded a grant or contract under subsection (a) or (b) shall submit to the Secretary an annual report evaluating the activities supported by the grant or contract. (f) Definitions In this section: (1) The term institution of higher education (2) The terms local educational agency State educational agency (g) Authorization of appropriations To carry out this section, there is authorized to be appropriated $35,000,000 for each of fiscal years 2024 through 2026. . 5. Review with respect to education workforce mental health and resiliency (a) In general Not later than 2 years after the date of enactment of this Act, the Secretary, in consultation with relevant stakeholders, shall— (1) conduct a review on improving— (A) the mental health of education professionals and other school staff; and (B) the outcomes of programs authorized under this Act; and (2) submit a report to the Congress on the results of such review. (b) Considerations The review under subsection (a) may include— (1) assessing the prevalence and severity of mental health conditions among education professionals and other school staff, and determining the factors that contribute to those mental health conditions; (2) assessing barriers to seeking and accessing mental health care for education professionals and other school staff, and actions taken by State educational agencies and local educational agencies, or other organizations, as appropriate, to address such barriers; (3) determining the effects of the COVID–19 public health emergency on the mental health of education professionals and other school staff and lessons learned for future public health emergencies; (4) assessing programs and policies that promote mental health and resiliency among education professionals and other school staff, including programs and policies to strengthen mental health and resiliency among education professionals and other school staff; and (5) assessing the efficacy of training programs for education professionals and other school staff that promote resiliency and improve mental health. (c) Recommendations The review under subsection (a), as appropriate, shall identify best practices related to, and make recommendations to address— (1) improving mental health and resiliency among education professionals and other school staff; (2) removing barriers to mental health care for education professionals and other school staff; and (3) strategies to promote resiliency among education professionals and other school staff in health care settings. 6. GAO report Not later than 4 years after the date of enactment of this Act, the Comptroller General of the United States shall submit to the Congress a report on the extent to which Federal substance use disorder and mental health grant programs address the prevalence and severity of mental health conditions and substance use disorders among education professionals and other school staff. Such report shall— (1) include an analysis of available evidence and data related to such conditions and programs; and (2) assess whether there are duplicative goals and objectives among such grant programs.

Supporting the Mental Health of Educators and Staff Act of 2023

Ski Hill Resources for Economic Development Act of 2023 This bill allocates ski area permit rental charges for ski area administration, improvements, visitor services, and wildfire preparedness. Such charges are collected by the Department of Agriculture (USDA) from ski area operators on National Forest System land. USDA shall expend 80% of the ski area permit rental charges from a National Forest System unit at that unit in accordance with the following: 75% shall be used at the unit for activities such as administration of the ski area permit program, visitor information, or reducing the likelihood of wildfire in or adjacent to a recreation site; and 25% shall be used at the unit for activities such as repair of a Forest Service-owned facility, habitat restoration, or search and rescue activities. The remaining 20% of ski area permit rental charges shall be expended by USDA for any of the activities specified in this bill at any National Forest System unit.

115 S254 IS: Ski Hill Resources for Economic Development Act of 2023 U.S. Senate 2023-02-02 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 254 IN THE SENATE OF THE UNITED STATES February 2, 2023 Mr. Bennet Mr. Barrasso Mr. Wyden Ms. Lummis Mr. Hickenlooper Mr. Crapo Mr. Kelly Mr. Daines Mr. Risch Mrs. Shaheen Mrs. Feinstein Ms. Hassan Ms. Cortez Masto Committee on Energy and Natural Resources A BILL To amend the Omnibus Parks and Public Lands Management Act of 1996 to provide for the establishment of a Ski Area Fee Retention Account, and for other purposes. 1. Short title This Act may be cited as the Ski Hill Resources for Economic Development Act of 2023 2. Establishment of ski area fee retention account (a) In general Section 701 of division I of the Omnibus Parks and Public Lands Management Act of 1996 ( 16 U.S.C. 497c (k) Ski area fee retention account (1) Definitions In this subsection: (A) Account The term Account (B) Covered unit The term covered unit (C) Secretary The term Secretary (2) Establishment The Secretary of the Treasury shall establish a special account in the Treasury, to be known as the Ski Area Fee Retention Account (3) Deposits Subject to paragraphs (4) and (5), a ski area permit rental charge collected by the Secretary under this section shall— (A) be deposited in the Account; (B) be available to the Secretary for use, without further appropriation; and (C) remain available for the period of 4 fiscal years beginning with the first fiscal year after the fiscal year in which the ski area permit rental charge is deposited in the Account under subparagraph (A). (4) Distribution of amounts in the account (A) Local distribution of funds (i) In general Except as provided in subparagraph (C), the Secretary shall expend 80 percent of the ski area permit rental charges deposited in the Account from a covered unit at the covered unit in accordance with clause (ii). (ii) Distribution Of the amounts made available for expenditure under clause (i)— (I) 75 percent shall be used at the covered unit for activities described in paragraph (5)(A); and (II) 25 percent shall be used for activities at the covered unit described in paragraph (5)(B). (B) Agency-wide distribution of funds The Secretary shall expend 20 percent of the ski area permit rental charges deposited in the Account from a covered unit at any unit of the National Forest System for an activity described in subparagraph (A) or (B) of paragraph (5). (C) Reduction of percentage (i) Reduction The Secretary shall reduce the percentage otherwise applicable under subparagraph (A)(i) to not less than 60 percent if the Secretary determines that the amount otherwise made available under that subparagraph exceeds the reasonable needs of the covered unit for which expenditures may be made in the applicable fiscal year. (ii) Distribution of funds The balance of the ski area permit rental charges that are collected at a covered unit, deposited into the Account, and not distributed in accordance with subparagraph (A) or (B) shall be available to the Secretary for expenditure at any other unit of the National Forest System in accordance with the following: (I) 75 percent shall be used for activities described in paragraph (5)(A). (II) 25 percent shall be used for activities described in paragraph (5)(B). (5) Expenditures Amounts available to the Secretary for expenditure from the Account shall be only used for— (A) (i) the administration of the Forest Service ski area program, including— (I) the processing of an application for a new ski area or a ski area improvement project, including staffing and contracting for the processing; and (II) administering a ski area permit described in subsection (a); (ii) staff training for— (I) the processing of an application for— (aa) a new ski area; (bb) a ski area improvement project; or (cc) a special use permit; or (II) administering— (aa) a ski area permit described in subsection (a); or (bb) a special use permit; (iii) an interpretation activity, National Forest System visitor information, a visitor service, or signage; (iv) direct costs associated with collecting a ski area permit rental charge or other fee collected by the Secretary related to recreation; (v) planning for, or coordinating to respond to, a wildfire in or adjacent to a recreation site, particularly a ski area; or (vi) reducing the likelihood of a wildfire starting, or the risks posed by a wildfire, in or adjacent to a recreation site, particularly a ski area, except through hazardous fuels reduction activities; or (B) (i) the repair, maintenance, or enhancement of a Forest Service-owned facility, road, or trail directly related to visitor enjoyment, visitor access, or visitor health or safety; (ii) habitat restoration directly related to recreation; (iii) law enforcement related to public use and recreation; (iv) the construction or expansion of parking areas; (v) the processing or administering of a recreation special use permit; (vi) avalanche information and education activities carried out by the Secretary or nonprofit partners; (vii) search and rescue activities carried out by the Secretary, a local government, or a nonprofit partner; or (viii) the administration of leases under— (I) the Forest Service Facility Realignment and Enhancement Act of 2005 ( 16 U.S.C. 580d Public Law 109–54 (II) section 8623 of the Agriculture Improvement Act of 2018 ( 16 U.S.C. 580d Public Law 115–334 (6) Limitation Amounts in the Account may not be used for— (A) the conduct of wildfire suppression; or (B) the acquisition of land for inclusion in the National Forest System. (7) Effect (A) In general Nothing in this subsection affects the applicability of section 7 of the Act of April 24, 1950 (commonly known as the Granger-Thye Act 16 U.S.C. 580d (B) Supplemental funding Rental charges retained and expended under this subsection shall supplement (and not supplant) appropriated funding for the operation and maintenance of each covered unit. (C) Cost recovery Nothing in this subsection affects any cost recovery under any provision of law (including regulations) for processing an application for or monitoring compliance with a ski area permit or other recreation special use permit. . (b) Effective date This section (including the amendments made by this section) shall take effect on the date that is 60 days after the date of enactment of this Act.

Ski Hill Resources for Economic Development Act of 2023

Aviation Security Checkpoint Technology Fund Act of 2023 This bill establishes the Aviation Security Checkpoint Technology Fund within the Transportation Security Administration (TSA) to fund the procurement, test, deployment, and post-deployment enhancements of aviation security checkpoint technology. The TSA must fund this program using airport passenger security fees that are currently collected by the TSA.

118 S2548 IS: Aviation Security Checkpoint Technology Fund Act of 2023 U.S. Senate 2023-07-26 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 2548 IN THE SENATE OF THE UNITED STATES July 26, 2023 Mr. Cardin Mr. Moran Committee on Commerce, Science, and Transportation A BILL To amend title 49, United States Code, to establish an Aviation Security Checkpoint Technology Fund in the Department of Homeland Security to fund investments in aviation security checkpoint technology, and for other purposes. 1. Short title This Act may be cited as the Aviation Security Checkpoint Technology Fund Act of 2023 2. Establishment of Aviation Security Checkpoint Technology Fund Section 44923 of title 49, United States Code, is amended— (1) by redesignating subsection (i) as subsection (j); and (2) by inserting after subsection (h) the following new subsection: (i) Aviation Security Checkpoint Technology Fund (1) In general There is established within the Department of Homeland Security a fund to be known as the Aviation Security Checkpoint Technology Fund (in this subsection referred to as the ASCT Fund (2) TSA briefing Not later than 180 days after the date of the enactment of this subsection and quarterly thereafter for 5 years, the Administrator of the Transportation Security Administration shall brief the Committee on Homeland Security and the Committee on Appropriations of the House of Representatives and the Committee on Commerce, Science, and Transportation and the Committee on Appropriations of the Senate regarding planned procurement, test, deployment, and post-deployment enhancement efforts of aviation security checkpoint technology at airport checkpoints through amounts made available from the ASCT Fund. . 3. Conforming amendment Section 44940(i)(1) of title 49, United States Code, is amended by striking section 44923(h) subsections (h) and (i) of section 44923

Aviation Security Checkpoint Technology Fund Act of 2023

Asylum Seeker Work Authorization Act of 2023 This bill provides expedited work authorization to certain asylum applicants, specifically those who (1) entered the United States at a designated port of entry, or (2) have been continuously physically present in the United States since this bill's enactment. Such individuals, if they meet other requirements (e.g., are not in detention and have filed an application for work authorization), shall be eligible to receive work authorization 30 days after filing an asylum application. By contrast, other asylum applicants (e.g., an individual who entered the United States after this bill's enactment at a place other than a designated port of entry) must wait 180 days after filing an asylum application to be eligible for work authorization, as required under current law for all asylum applicants. Furthermore, asylum applicants who meet all the requirements to receive expedited authorization shall be entitled to work authorization. By contrast, other asylum applicants may, but are not entitled to, receive work authorization, as specified under current law for all asylum applicants.

118 S255 IS: Asylum Seeker Work Authorization Act of 2023 U.S. Senate 2023-02-02 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 255 IN THE SENATE OF THE UNITED STATES February 2, 2023 Ms. Collins Ms. Sinema Mr. King Committee on the Judiciary A BILL To authorize certain aliens seeking asylum to be employed in the United States while their applications are being adjudicated. 1. Short title This Act may be cited as the Asylum Seeker Work Authorization Act of 2023 2. Employment authorization for aliens seeking asylum Section 208(d)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1158(d)(2) (2) Employment authorization (A) Employment eligibility Except as provided in subparagraph (B)— (i) an applicant for asylum is not entitled to employment authorization, but such authorization may be provided under regulation by the Secretary of Homeland Security; and (ii) an applicant who is not otherwise eligible for employment authorization shall not be granted such authorization before the date that is 180 days after the date on which the applicant files an application for asylum. (B) Expedited employment eligibility (i) In general The Secretary of Homeland Security shall authorize employment for an applicant for asylum— (I) who— (aa) has been continuously physically present in the United States since the date of the enactment of the Asylum Seeker Work Authorization Act of 2023 (bb) entered the United States at a designated port of entry (as such term is used in section 411(e)(3)(A) of the Homeland Security Act of 2002 ( 6 U.S.C. 211(e)(3)(A) (II) who is not in detention; (III) whose application for asylum has not been determined frivolous; and (IV) with respect to whom the procedures required under paragraph (5)(A)(i) have been completed. (ii) Application The Secretary may not grant employment authorization under this subparagraph to an applicant for asylum who is not otherwise eligible for employment authorization before the date that is 30 days after the date on which the applicant filed an application for asylum. (C) Term Employment authorization under this paragraph— (i) shall be for an initial period of 2 years; and (ii) shall be renewable for additional 2-year periods while the applicant’s asylum claim is being adjudicated, including while the claim is under administrative or judicial review. .

Asylum Seeker Work Authorization Act of 2023

Denying Expenditures for False Accusations with Malicious Effect (DEFAME) Act This bill denies certain large corporations (i.e., corporations with gross income exceeding $10 billion in the preceding taxable year) a tax deduction for certain payments relating to defamation law suits, including the applicable defamation suit payment, attorneys' fees, and insurance premiums. The bill defines applicable defamation suit payment as any payment that (1) is made in connection with a defamation suit for which proof of actual malice is required to succeed on the merits, (2) is paid pursuant to a settlement or court order, and (3) exceeds $500 million in the aggregate.

118 S2550 IS: Denying Expenditures for False Accusations with Malicious Effect (DEFAME) Act U.S. Senate 2023-07-26 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 2550 IN THE SENATE OF THE UNITED STATES July 26, 2023 Mr. Whitehouse Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to disallow deductions for certain payments relating to defamation suits. 1. Short title This Act may be cited as the Denying Expenditures for False Accusations with Malicious Effect (DEFAME) Act 2. Disallowance of deduction for certain payments relating to defamation suits (a) In general Section 162 is amended by inserting after subsection (h) the following new subsection: (i) Certain payments relating to defamation lawsuits (1) In general In the case of an applicable corporation, no deduction otherwise allowable shall be allowed under this chapter for any nondeductible defamation payment. (2) Applicable corporation For purposes of this subsection, the term applicable corporation (3) Nondeductible defamation payment For purposes of this subsection— (A) In general The term nondeductible defamation payment (i) any applicable defamation suit payment, (ii) any payment for attorneys' fees in connection with a suit for which an applicable defamation suit payment was made, and (iii) so much of any payment of an insurance premium which is in excess of the amount of such premium determined without regard to any suit for which an applicable defamation suit payment was made. (B) Applicable defamation suit payment The term applicable defamation suit payment (i) which is made— (I) in connection with a suit for defamation which requires proof of actual malice to succeed on the merits, and (II) pursuant to a settlement or court order, and (ii) which, when aggregated with all other payments described in clause (i) with respect to the same suit, exceeds $500,000,000. . (b) Effective date The amendment made by this section shall apply to payments made after December 31, 2022, in taxable years ending after such date.

Denying Expenditures for False Accusations with Malicious Effect (DEFAME) Act

Stopping Genetic Monitoring by China Act This bill imposes export controls on genetic testing and sequencing technologies and bars exports of such technologies to specific countries. The bill also imposes sanctions on foreign persons (individuals and entities) involved with certain activities, including human rights violations. Specifically, the End-User Review Committee must place on the Commerce Control List (CCL) technologies identified as genetic instruments by the Department of Defense, the Department of State, or the Department of Energy. The committee must also deny licenses required to export or transfer such technology to countries specified in this bill (e.g, Iran, North Korea, China, or Russia) unless the license applicant demonstrates that the technology will not be used for human rights abuses or by an entity engaged in human rights abuses. (Items covered by the CCL are subject to export controls and typically may not be exported without a license.) The bill also requires the President to impose property- and visa-blocking sanctions on certain foreign persons, including (1) persons that are responsible for or complicit in gross violations of internationally recognized human rights, (2) persons that conduct genetic testing and analysis and are located in a country targeted by the export controls in this bill, (3) any university in China involved in genetic monitoring and human rights abuses, (4) any private company in China with an owner or senior management official who is a delegate to the National People's Conference, and (5) corporate officers of entities sanctioned under this bill.

118 S2551 IS: Stopping Genetic Monitoring by China Act U.S. Senate 2023-07-26 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 2551 IN THE SENATE OF THE UNITED STATES July 26, 2023 Mr. Rubio Committee on Banking, Housing, and Urban Affairs A BILL To impose export controls and sanctions to address the security threat posed by the genetic mapping efforts of the Government of the People’s Republic of China and other countries, and for other purposes. 1. Short title This Act may be cited as the Stopping Genetic Monitoring by China Act 2. Definitions In this Act: (1) Admission; admitted; alien The terms admission admitted alien 8 U.S.C. 1101 (2) Commerce control list The term Commerce Control List (3) Covered country The term covered country (A) The Islamic Republic of Iran. (B) Democratic People’s Republic of North Korea. (C) The People’s Republic of China. (D) The Russian Federation. (E) The Republic of Cuba. (F) The Maduro Regime of Venezuela. (G) The Syrian Arab Republic. (H) Any other country the government of which is determined by the Secretary of State to be a foreign adversary (as defined in section 8(c) of the Secure and Trusted Communications Networks Act of 2019 ( 47 U.S.C. 1607(c) (4) Entity list The term Entity List (5) Export; Export Administration Regulations; in-country transfer; reexport The terms export Export Administration Regulations in-country transfer reexport 50 U.S.C. 4801 3. Control of exports of genetic collection and analysis technology to certain countries (a) In general Not later than 90 days after the date of the enactment of this Act, the heads of the agencies that are represented on the End-User Review Committee shall, in consultation with the Secretary of Health and Human Services— (1) add technology described in subsection (b) to the Commerce Control List; and (2) deny any license required for the export, reexport, or in-country transfer to or in a covered country of any such technology, unless the person seeking the license submits to the Committee such documentation as the Secretary of State may reasonably require to demonstrate by clear and convincing evidence that, if the license is approved, the technology will not be used for human rights abuses or by an entity that has engaged in human rights abuses. (b) Technology described Technology described in this subsection is technology identified by the Secretary of Defense or the Secretary of State, in consultation with the Secretary of Health and Human Services, or the Secretary of Energy as genetic instruments, including— (1) Next Generation and Sanger Generation genetic sequencers; (2) genetic sequencing kits and reagents; (3) genetic testing and sampling kits (including forensic DNA testing kits); (4) related laboratory instruments; (5) any instrument-specific software— (A) relating to genetic testing, genetic mapping, genetic sequencing, genetic analysis and editing, or any technology described in any of paragraphs (1) through (4); and (B) included, on the day before the date of the enactment of this Act, under the definition of crime control and detection instruments under section 742.7 of the Export Administration Regulations; or (6) any other related genetic technology that could enable human rights abuses, as identified by the head of any agency represented on the End-User Review Committee, in consultation with the Secretary of Health and Human Services. (c) End-User Review Committee defined In this section, the term End-User Review Committee (1) the End-User Review Committee established under section 744.16(d) of title 15, Code of Federal Regulations; or (2) any successor committee. 4. Imposition of sanctions with respect to provision of genetic monitoring technology to covered countries (a) In general Not later than the date that is 90 days after the date of the enactment of this Act, and as appropriate thereafter, the President shall— (1) impose the sanctions described in subsection (b) with respect to each foreign person that the Secretary of the Treasury, in consultation with the Secretary of State, determines— (A) is responsible for or complicit in, or has directly or indirectly engaged in, gross violations of internationally recognized human rights; (B) has provided, is providing, or poses a significant risk of providing, to an entity in a covered country genetic sampling and analysis technology that could directly or indirectly enable gross violations of internationally recognized human rights, as determined by the Secretary of State or the Secretary of the Treasury, in consultation with the Secretary of Health and Human Services; (C) conducts genetic sampling and analysis and is located in, has headquarters in, or is organized under the laws of, a covered country, including— (i) any entity placed on the Entity List for human rights abuses directly or indirectly related to genetic monitoring efforts, including— (I) the Institute of Forensic Science; (II) CloudWalk Technology; (III) FiberHome Technologies Group; (IV) Forensic Genomics International; (V) the Chinese Academy of Military Medical Sciences; (VI) the Chinese Academy of Sciences; and (VII) BGI Group; (ii) national key labs and other state-affiliated research institutes providing genetic sampling and analysis technology for public security purposes; (iii) any college or university in the People’s Republic of China that is determined by the Secretary of Defense to be involved in genetic monitoring and human rights abuses, including— (I) any college or university in the People’s Republic of China that conducts genetic research or hosts dedicated security and monitoring initiatives or laboratories, including such a college or university designated under the double first-class university plan (II) any college or university in the People’s Republic of China that conducts research or hosts dedicated initiatives or laboratories for any security entity of the People’s Republic of China, including the People’s Liberation Army, the People’s Armed Police, the Ministry of Public Security, and the Ministry of State Security; (iv) any enterprise for which the majority shareholder or ultimate parent entity is the Government of the People’s Republic of China at any level of that government; (v) any privately owned company in the People’s Republic of China that has— (I) a history of subcontracting for the People’s Liberation Army, the People’s Armed Police, the Ministry of Public Security, the Ministry of State Security, or any affiliate of any such entity; or (II) an owner, director, or senior management official who has served as a delegate to the National People’s Congress, a member of the Chinese People’s Political Consultative Conference, or a member of the Central Committee of the Chinese Communist Party; and (vi) any subsidiary, successor, or alias of an entity described in any of clauses (i) through (v); or (D) owns or controls, is owned or controlled by, or is under common ownership or control with, an entity described in subparagraph (A), (B), or (C); and (2) impose the sanctions described in subsection (c) with respect to each alien the Secretary of State, in consultation with the Secretary of the Treasury, determines is a corporate officer of an entity described in paragraph (1). (b) Property blocking The sanctions described in this subsection are the exercise of all of the powers granted to the President by the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. (c) Inadmissibility of certain sanctioned persons (1) Visas, admission, or parole An alien described in subsection (a)(2) shall be— (A) inadmissible to the United States; (B) ineligible to receive a visa or other documentation to enter the United States; and (C) otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. (2) Current visas revoked (A) In general The visa or other entry documentation of any alien described in paragraph (1) is subject to revocation regardless of the date on which the visa or other entry documentation is or was issued. (B) Immediate effect A revocation under subparagraph (A) shall— (i) take effect immediately; and (ii) cancel any other valid visa or entry documentation that is in the possession of the alien. (d) Implementation; penalties (1) Implementation The President shall exercise all authorities provided under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this section. (2) Regulatory authority Not later than 180 days after the date of the enactment of this Act, the Secretary of the Treasury shall issue such regulations, licenses, and orders as are necessary to carry out this section. (3) Penalties A person that violates, attempts to violate, conspires to violate, or causes a violation of subsection (b) or any regulation, license, or order issued to carry out that subsection shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act ( 50 U.S.C. 1705 (e) Exceptions (1) Exception for intelligence activities Sanctions under this section shall not apply to any activity subject to the reporting requirements under title V of the National Security Act of 1947 ( 50 U.S.C. 3091 et seq. (2) Compliance with United Nations Headquarters Agreement Subsection (c) shall not apply with respect to the admission of an alien to the United States if such admission is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success, June 26, 1947, and entered into force, November 21, 1947, between the United Nations and the United States. (3) Exception relating to importation of goods (A) In general The authorities and requirements to impose sanctions authorized under this section shall not include the authority or a requirement to impose sanctions on the importation of goods. (B) Good defined In this paragraph, the term good

Stopping Genetic Monitoring by China Act

Ukraine Aid Oversight Act The bill expands the duties and authorities of the Office of the Special Inspector General for Afghanistan Reconstruction to include oversight over aid to Ukraine. The bill also renames the office to the Office of the Special Inspector General for Afghanistan Reconstruction and Ukraine Aid. In addition to its existing duties relating to oversight of Afghanistan reconstruction activities, the renamed office's duties shall include (1) conducting and coordinating audits and investigations of the handing of funds made available for aid to Ukraine, and (2) monitoring and reviewing contracts and activities involving those funds. The Special Inspector General shall report directly to, and be under the general supervision of, the Secretary of State and Secretary of Defense. Federal agencies may not prevent the office from carrying out any audit or investigation related to aid to Ukraine. The office shall terminate on September 30, 2027.

110 S2552 IS: Ukraine Aid Oversight Act U.S. Senate 2023-07-26 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 2552 IN THE SENATE OF THE UNITED STATES July 26, 2023 Mr. Paul Committee on Foreign Relations A BILL To provide for the independent and objective conduct and supervision of audits and investigations relating to the programs and operations funded with amounts appropriated or otherwise made available to Ukraine for military, economic, and humanitarian aid. 1. Short title This Act may be cited as the Ukraine Aid Oversight Act 2. Purposes The purposes of this Act are— (1) to provide for the independent and objective conduct and supervision of audits and investigations relating to the programs and operations funded with amounts appropriated or otherwise made available to Ukraine for military, economic, and humanitarian aid; (2) to provide for the independent and objective leadership and coordination of, and recommendations concerning, policies designed— (A) to promote economic efficiency and effectiveness in the administration of the programs and operations described in paragraph (1); and (B) to prevent and detect waste, fraud, and abuse in such programs and operations; and (3) to provide for an independent and objective means of keeping the Secretary of State, the Secretary of Defense, and the heads of other relevant Federal agencies fully and currently informed about— (A) problems and deficiencies relating to the administration of the programs and operations described in paragraph (1); and (B) the necessity for, and the progress toward implementing, corrective action related to such programs. 3. Definitions In this Act: (1) Amounts appropriated or otherwise made available for the military, economic, or humanitarian aid for Ukraine The term amounts appropriated or otherwise made available for military, economic, or humanitarian aid for Ukraine (A) for the Ukraine Security Assistance Initiative; (B) for Foreign Military Financing funding for Ukraine; (C) under titles III and VI of the Ukraine Supplemental Appropriations Act (division N of Public Law 117–103 (D) under the Additional Ukraine Supplemental Appropriations Act, 2022 ( Public Law 117–128 (E) for military, economic, or humanitarian aid for Ukraine under any other provision of law. (2) Appropriate congressional committees The term appropriate congressional committees (A) the Committee on Appropriations of the Senate (B) the Committee on Armed Services of the Senate (C) the Committee on Foreign Relations of the Senate (D) the Committee on Homeland Security and Governmental Affairs of the Senate (E) the Committee on Appropriations of the House of Representatives (F) the Committee on Armed Services of the House of Representatives (G) the Committee on Foreign Affairs of the House of Representatives (H) the Committee on Oversight and Accountability of the House of Representatives (3) Office The term Office (4) Special inspector general The term Special Inspector General 4. Office of the Special Inspector General for Afghanistan Reconstruction and Ukraine Aid (a) Expansion and renaming of Office of the Special Inspector General for Afghanistan Reconstruction Beginning on the date of the enactment of this Act, the Office of the Special Inspector General for Afghanistan Reconstruction— (1) shall be referred to as the Office of the Special Inspector General for Afghanistan Reconstruction and Ukraine Aid (2) shall carry out the purposes described in section 2. (b) Renaming of Special Inspector General Beginning on the date of the enactment of this Act, the Special Inspector General for Afghanistan Reconstruction shall be referred to as the Special Inspector General for Afghanistan Reconstruction and Ukraine Aid (c) Compensation The annual rate of basic pay of the Special Inspector General shall be 3 percent higher than the annual rate of basic pay provided for positions at level III of the Executive Schedule under section 5314 of title 5, United States Code. (d) Prohibition on political activities For purposes of section 7324 of title 5, United States Code, the Special Inspector General is not an employee who determines policies to be pursued by the United States in the nationwide administration of Federal law. (e) Removal The Special Inspector General shall be removable from office in accordance with section 403(b) of title 5, United States Code. (f) Appointment If the Special Inspector General is removed from office or otherwise leaves such office, the President shall appoint a new Special Inspector General. 5. Assistant inspectors general The Special Inspector General shall be assisted by— (1) the Assistant Inspector General for Auditing appointed pursuant to section 1229(d)(1) of the National Defense Authorization Act for Fiscal Year 2008 ( Public Law 110–181 (2) the Assistant Inspector General for Investigations appointed pursuant to section 1229(d)(2) of the National Defense Authorization Act for Fiscal Year 2008 ( Public Law 110–181 6. Supervision (a) In general Except as provided in subsection (b), the Special Inspector General shall report directly to, and be under the general supervision of, the Secretary of State and the Secretary of Defense. (b) Independence To conduct investigations and audits No officer of the Department of Defense, the Department of State, the United States Agency for International Development, or any other relevant Federal agency may prevent or prohibit the Special Inspector General from— (1) initiating, carrying out, or completing any audit or investigation related to amounts appropriated or otherwise made available for the military, economic, and humanitarian aid to Ukraine; or (2) issuing any subpoena during the course of any such audit or investigation. 7. Duties (a) Oversight of military, economic, and humanitarian aid to ukraine provided after February 24, 2022 In addition to any duties previously carried out as the Special Inspector General for Afghanistan Reconstruction, the Special Inspector General shall conduct, supervise, and coordinate audits and investigations of the treatment, handling, and expenditure of amounts appropriated or otherwise made available for military, economic, and humanitarian aid to Ukraine, and of the programs, operations, and contracts carried out utilizing such funds, including— (1) the oversight and accounting of the obligation and expenditure of such funds; (2) the monitoring and review of activities funded by such funds; (3) the monitoring and review of contracts funded by such funds; (4) the monitoring and review of the transfer of such funds and associated information between and among departments, agencies, and entities of the United States and private and nongovernmental entities; (5) the maintenance of records regarding the use of such funds to facilitate future audits and investigations of the use of such funds; (6) the monitoring and review of the effectiveness of United States coordination with the Government of Ukraine, major recipients of Ukrainian refugees, partners in the region, and other donor countries; (7) the investigation of overpayments (such as duplicate payments or duplicate billing) and any potential unethical or illegal actions of Federal employees, contractors, or affiliated entities; and (8) the referral of reports compiled as a result of such investigations, as necessary, to the Department of Justice to ensure further investigations, prosecutions, recovery of funds, or other remedies. (b) Other duties related to oversight The Special Inspector General shall establish, maintain, and oversee such systems, procedures, and controls as the Special Inspector General considers appropriate to discharge the duties described in subsection (a). (c) Consultation The Special Inspector General shall consult with the appropriate congressional committees before engaging in auditing activities outside of Ukraine. (d) Duties and responsibilities under chapter 4 In addition to the duties specified in subsections (a) and (b), the Special Inspector General shall have the duties and responsibilities of inspectors general under chapter 4 (e) Coordination of efforts In carrying out the duties, responsibilities, and authorities of the Special Inspector General under this Act, the Special Inspector General shall coordinate with, and receive cooperation from— (1) the Inspector General of the Department of Defense; (2) the Inspector General of the Department of State; (3) the Inspector General of the United States Agency for International Development; and (4) the Inspector General of any other relevant Federal agency. 8. Powers and authorities (a) Authorities under chapter 4 (1) In general In carrying out the duties specified in section 7, the Special Inspector General shall have the authorities provided under section 406 of title 5, United States Code, including the authorities under subsection (e) of such section. (2) Retention of certain authorities The Special Inspector General— (A) shall retain all of the duties, powers, and authorities provided to the Special Inspector General for Afghanistan Reconstruction under section 1229 of the National Defense Authorization Act for Fiscal Year 2008 ( Public Law 110–181 (B) may utilize such powers and authorities as are, in the judgment of the Special Inspector General, necessary to carry out the duties under this Act. (b) Audit standards The Special Inspector General shall carry out the duties specified in section 7(a) in accordance with section 404(b)(1) of title 5, United States Code. 9. Personnel, facilities, and other resources (a) Personnel (1) In general The Special Inspector General may select, appoint, and employ such officers and employees as may be necessary for carrying out the duties of the Special Inspector General under this section, subject to the provisions of title 5, United States Code, governing appointments in the competitive service, and the provisions of chapter 51 and subchapter III of chapter 53 of such title, relating to classification and General Schedule pay rates. (2) Additional authorities (A) In general Subject to subparagraph (B), the Inspector General may exercise the authorities under subsections (b) through (i) of section 3161 of title 5, United States Code, without regard to subsection (a) of such section. (B) Periods of appointments In exercising the employment authorities under subsection (b) of section 3161 of title 5, United States Code, as provided under subparagraph (A)— (i) paragraph (2) of such subsection (relating to periods of appointments) shall not apply; and (ii) no period of appointment may exceed the date on which the Office terminates pursuant section 13. (C) Acquisition of competitive status An employee shall acquire competitive status for appointment to any position in the competitive service for which the employee possesses the required qualifications if the employee— (i) completes at least 12 months of continuous service after the date of the enactment of this Act; or (ii) is employed on the date on which the Office terminates. (b) Employment of experts and consultants The Special Inspector General may obtain the services of experts and consultants in accordance with section 3109 of title 5, United States Code, at daily rates not to exceed the equivalent rate prescribed for grade GS–15 of the General Schedule under section 5332 of such title. (c) Contracting authority To the extent and in such amounts as may be provided in advance by appropriations Acts, the Special Inspector General may— (1) enter into contracts and other arrangements for audits, studies, analyses, and other services with public agencies and with private persons; and (2) make such payments as may be necessary to carry out the duties of the Special Inspector General. (d) Resources The Secretary of State or the Secretary of Defense, as appropriate, shall provide the Special Inspector General with— (1) appropriate and adequate office space at appropriate locations of the Department of State or the Department of Defense, as appropriate, in Ukraine or in European partner countries; (2) such equipment, office supplies, and communications facilities and services as may be necessary for the operation of such offices; and (3) necessary maintenance services for such offices and the equipment and facilities located in such offices. (e) Assistance from Federal agencies (1) In general Upon the request of the Special Inspector General for information or assistance from any department, agency, or other entity of the Federal Government, the head of such entity, to the extent practicable and not in contravention of any existing law, shall furnish such information or assistance to the Special Inspector General or an authorized designee. (2) Reporting of refused assistance Whenever information or assistance requested by the Special Inspector General is, in the judgment of the Special Inspector General, unreasonably refused or not provided, the Special Inspector General shall immediately report the circumstances to— (A) the Secretary of State or the Secretary of Defense, as appropriate; and (B) the appropriate congressional committees. 10. Reports (a) Quarterly reports Not later than 30 days after the end of each quarter of each fiscal year, the Special Inspector General shall submit to the appropriate congressional committees, the Secretary of State, and the Secretary of Defense a report that— (1) summarizes, for the applicable quarter, and to the extent possible, for the period from the end of such quarter to the date on which the report is submitted, the activities during such period of the Special Inspector General and the activities under programs and operations funded with amounts appropriated or otherwise made available for military, economic, and humanitarian aid to Ukraine; and (2) includes, for applicable quarter, a detailed statement of all obligations, expenditures, and revenues associated with military, economic, and humanitarian activities in Ukraine, including— (A) obligations and expenditures of appropriated funds; (B) a project-by-project and program-by-program accounting of the costs incurred to date for military, economic, and humanitarian aid to Ukraine, including an estimate of the costs to be incurred by the Department of Defense, the Department of State, the United States Agency for International Development, and other relevant Federal agencies to complete each project and each program; (C) revenues attributable to, or consisting of, funds provided by foreign nations or international organizations to programs and projects funded by any Federal department or agency and any obligations or expenditures of such revenues; (D) revenues attributable to, or consisting of, foreign assets seized or frozen that contribute to programs and projects funded by any Federal department or agency and any obligations or expenditures of such revenues; (E) operating expenses of entities receiving amounts appropriated or otherwise made available for military, economic, and humanitarian aid to Ukraine; and (F) for any contract, grant, agreement, or other funding mechanism described in subsection (b)— (i) the dollar amount of the contract, grant, agreement, or other funding mechanism; (ii) a brief description of the scope of the contract, grant, agreement, or other funding mechanism; (iii) a description of how the Federal department or agency involved in the contract, grant, agreement, or other funding mechanism identified, and solicited offers from, potential individuals or entities to perform the contract, grant, agreement, or other funding mechanism, including a list of the potential individuals or entities that were issued solicitations for the offers; and (iv) the justification and approval documents on which the determination to use procedures other than procedures that provide for full and open competition was based. (b) Covered contracts, grants, agreements, and funding mechanisms A contract, grant, agreement, or other funding mechanism described in this subsection is any major contract, grant, agreement, or other funding mechanism that is entered into by any Federal department or agency that involves the use of amounts appropriated or otherwise made available for the military, economic, or humanitarian aid to Ukraine with any public or private sector entity— (1) to build or rebuild the physical infrastructure of Ukraine; (2) to establish or reestablish a political or societal institution of Ukraine; (3) to provide products or services to the people of Ukraine; or (4) to provide security assistance to Ukraine. (c) Public availability The Special Inspector General shall publish each report submitted pursuant to subsection (a) on a publicly available internet website in English, Ukrainian, and Russian. (d) Form Each report required under subsection (a) shall be submitted in unclassified form, but may include a classified annex if the Special Inspector General determines that a classified annex is necessary. (e) Submission of comments to Congress During the 30-day period beginning on the date a report is received pursuant to subsection (a), the Secretary of State and the Secretary of Defense may submit comments to the appropriate congressional committees, in unclassified form, regarding any matters covered by the report that the Secretary of State or the Secretary of Defense considers appropriate. Such comments may include a classified annex if the Secretary of State or the Secretary of Defense considers such annex to be necessary. (f) Rule of construction Nothing in this section may be construed to authorize the public disclosure of information that is— (1) specifically prohibited from disclosure by any other provision of law; (2) specifically required by Executive order to be protected from disclosure in the interest of defense or national security or in the conduct of foreign affairs; or (3) a part of an ongoing criminal investigation. 11. Transparency (a) Report Except as provided in subsection (c), not later than 60 days after receiving a report pursuant to section 10(a), the Secretary of State and the Secretary of Defense shall jointly make copies of the report available to the public upon request and at a reasonable cost. (b) Comments Except as provided in subsection (c), not later than 60 days after submitting comments pursuant to section 10(e), the Secretary of State and the Secretary of Defense shall jointly make copies of such comments available to the public upon request and at a reasonable cost. (c) Waiver (1) Authority The President may waive the requirement under subsection (a) or (b) with respect to availability to the public of any element in a report submitted pursuant to section 10(a) or any comments submitted pursuant to section 10(e) if the President determines that such waiver is justified for national security reasons. (2) Notice of waiver The President shall publish a notice of each waiver made under paragraph (1) in the Federal Register not later than the date of the submission to the appropriate congressional committees of a report required under section 10(a) or any comments submitted pursuant to section 10(e). Each such report and comments shall specify whether a waiver was made pursuant to paragraph (1) and which elements in the report or the comments were affected by such waiver. 12. Use of previously appropriated funds Amounts appropriated before the date of the enactment of this Act for the Office of the Special Inspector General for Afghanistan Reconstruction may be used to carry out the duties described in section 7. 13. Termination (a) In general The Office shall terminate on September 30, 2027. (b) Final report Before the termination date referred to in subsection (a), the Special Inspector General shall prepare and submit to the appropriate congressional committees a final forensic audit report on programs and operations funded with amounts appropriated or otherwise made available for the military, economic, and humanitarian aid to Ukraine.

Ukraine Aid Oversight Act

Close the Revolving Door Act of 2023 This bill increases restrictions on lobbying and penalties for violations of such restrictions. Specifically, the bill imposes a lifetime ban on any former Senator, Member of the House of Representatives, or elected officer of the Senate or House of Representatives from lobbying any current Member, officer, or employee of Congress, or any employee of any other legislative office. (Currently, the ban applies for two years after a Senator leaves office and for one year after a Member of the House of Representatives leaves office.) The ban is extended from one to six years for officers and employees of the Senate, personal staff of Members, committee staff, leadership staff, and other legislative offices. A registered lobbyist or agent of a foreign principal may not be hired for a six-year period by a Member of Congress or a congressional committee with whom they have had a substantial lobbying contact. This bill also (1) requires a substantial lobbying entity (an incorporated entity that employs more than three registered lobbyists during a filing period) to file annual lists with Congress of former Members of Congress and certain highly paid legislative branch officials who provide paid consulting services to the lobbying entity, and (2) increases the civil penalty for violations of disclosure or reporting requirements.

118 S2561 IS: Close the Revolving Door Act of 2023 U.S. Senate 2023-07-27 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 2561 IN THE SENATE OF THE UNITED STATES July 27, 2023 Mr. Tester Mr. Bennet Committee on Homeland Security and Governmental Affairs A BILL To provide greater controls and restrictions on revolving door lobbying. 1. Short title This Act may be cited as the Close the Revolving Door Act of 2023 2. Lifetime ban on Members of Congress from lobbying (a) In general Section 207(e)(1) of title 18, United States Code, is amended to read as follows: (1) Members of Congress Any person who is a Senator, a Member of the House of Representatives, or an elected officer of the Senate or the House of Representatives and who, after that person leaves office, knowingly makes, with the intent to influence, any communication to or appearance before any Member, officer, or employee of either House of Congress or any employee of any other legislative office of the Congress, on behalf of any other person (except the United States) in connection with any matter on which such former Senator, Member, or elected official seeks action by a Member, officer, or employee of either House of Congress, in his or her official capacity, shall be punished as provided in section 216 of this title. . (b) Conforming amendments Section 207(e)(2) of title 18, United States Code, is amended— (1) in the heading, by striking Officers and staff Staff (2) by striking an elected officer of the Senate, or (3) by striking leaves office or employment leaves employment (4) by striking former elected officer or 3. Congressional staff Paragraphs (2), (3)(A), (4), (5)(A), and (6)(A) of section 207(e) of title 18, United States Code, are each amended by striking 1 year 6 years 4. Improved reporting of lobbyists’ activities Section 6 of the Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1605 (c) Joint website (1) In general The Secretary of the Senate and the Clerk of the House of Representatives shall maintain a joint lobbyist disclosure internet database for information required to be publicly disclosed under this Act which shall be an easily searchable website called lobbyists.gov with a stated goal of simplicity of usage. (2) Authorization of appropriations There is authorized to be appropriated to carry out this subsection $100,000 for fiscal year 2024. . 5. Lobbyist revolving door to Congress (a) Definitions In this section— (1) the term foreign principal 22 U.S.C. 611(b) (2) the terms lobbyist lobbying contact 2 U.S.C. 1602 (3) the term registered lobbyist 2 U.S.C. 1601 et seq. (b) Prohibition Any person who is a registered lobbyist or an agent of a foreign principal may not, within 6 years after that person leaves such position, be hired by a Member or committee of either House of Congress with whom the registered lobbyist or agent of a foreign principal has had substantial lobbying contact. (c) Waiver This section may be waived in the Senate or the House of Representatives by the Select Committee on Ethics of the Senate or the Committee on Standards of Official Conduct of the House of Representatives, respectively, based on a compelling national need. (d) Substantial lobbying contact For purposes of this section, in determining whether a registered lobbyist or agent of a foreign principal has had substantial lobbying contact within the applicable period of time, a Member or committee of either House of Congress shall take into consideration whether the individual's lobbying contacts have pertained to pending legislative business, or related to solicitation of an earmark or other Federal funding, particularly if such contacts included the coordination of meetings with the Member or committee, involved presentations to employees of the Member or committee, or participation in fundraising (except for the mere giving of a personal contribution). Simple social contacts with the Member or committee of either House of Congress and staff, shall not by themselves constitute substantial lobbying contacts. 6. Reporting by substantial lobbying entities The Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1601 et seq. 6A. Reporting by substantial lobbying entities (a) In general A substantial lobbying entity shall file on an annual basis with the Clerk of the House of Representatives and the Secretary of the Senate a list of each employee of, individual under contract with, or individual who provides paid consulting services to the substantial lobbying entity who is— (1) a former Senator or a former Member of the House of Representatives; or (2) another covered legislative branch official who— (A) was paid not less than $100,000 in any 1 year as a covered legislative branch official; (B) worked for a total of not less than 4 years as a covered legislative branch official; or (C) had a job title at any time while employed as a covered legislative branch official that contained any of the following terms: Chief of Staff Legislative Director Staff Director Counsel Professional Staff Member Communications Director Press Secretary (b) Contents of filing The filing required under this section shall contain a brief job description of each individual described in subsection (a) and an explanation of their work experience under subsection (a) that requires this filing. (c) Improved reporting of substantial lobbying entities The joint website being maintained by the Secretary of the Senate and the Clerk of the House of Representatives, known as lobbyists.gov, shall include an easily searchable database entitled Substantial Lobbying Entities (d) Law enforcement oversight The Clerk of the House of Representatives and the Secretary of the Senate shall provide a copy of each filing under subsection (a) to the United States Attorney for the District of Columbia, to allow the United States Attorney for the District of Columbia to determine whether a substantial lobbying entity is underreporting the lobbying activities of its employees, individuals under contract, or individuals who provide paid consulting services. (e) Substantial lobbying entity In this section, the term substantial lobbying entity . 7. Enhanced penalties Section 7(a) of the Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1606(a) $200,000 $500,000

Close the Revolving Door Act of 2023

NRCS Hire Local Act of 2023 This bill requires the Natural Resources Conservation Service to give preference to state residents when hiring for state field office positions at or above the GS-11 level of the General Schedule.

118 S2568 IS: NRCS Hire Local Act of 2023 U.S. Senate 2023-07-27 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 2568 IN THE SENATE OF THE UNITED STATES July 27, 2023 Mr. Braun Mr. Carper Committee on Agriculture, Nutrition, and Forestry A BILL To require State field offices of the Natural Resources Conservation Service to give preference to in-State applicants. 1. Short title This Act may be cited as the NRCS Hire Local Act of 2023 2. NRCS State field offices hiring preference In making hiring decisions for State field office positions of the Natural Resources Conservation Service (referred to in this section as the Service

NRCS Hire Local Act of 2023

Keep Kupuna Fed Act This bill amends the Supplemental Nutrition Assistance Program (SNAP) to exempt certain Social Security benefits (e.g., retirement and disability benefits) from household income for the purposes of determining program eligibility.

118 S2579 IS: Keep Kupuna Fed Act U.S. Senate 2023-07-27 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 2579 IN THE SENATE OF THE UNITED STATES July 27, 2023 Ms. Hirono Committee on Agriculture, Nutrition, and Forestry A BILL To amend the Food and Nutrition Act of 2008 to exclude from income certain funds received under the Social Security Act. 1. Short title This Act may be cited as the Keep Kupuna Fed Act 2. Amendment (a) In general Section 5(d) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2014(d) (1) in paragraph (18) by striking and (2) in paragraph (19) by striking the period at the end and inserting ; and (3) by adding at the end the following: (20) any payment (including a retroactive lump-sum payment or a lump-sum death payment, provided that such a lump-sum payment shall be counted as resources unless specifically excluded by other laws) received under title II of the Social Security Act ( 42 U.S.C. 401 et seq. . (b) Conforming amendments Section 5(d) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2014(d) (1) in paragraph (8), by striking social security or (2) in paragraph (12), by striking title II or XVI title XVI (3) by striking title I, II title I, 3. Effective date This Act and the amendments made by this Act shall take effect 90 days after the date of enactment of this Act.

Keep Kupuna Fed Act

AANAPISI Opportunity Act This bill requires the Department of Agriculture (USDA) to establish a scholarship grant program for covered Asian American and Native American Pacific Islander-serving institutions (AANAPISIs) to provide scholarships in agriculture-related fields. Covered institutions include institutions of higher education that (1) have a student body consisting of at least 10% Asian American or Native American Pacific Islander students; and (2) offer associate, bachelors, or other accredited degree programs in agriculture-related fields. USDA may only award the grants to AANAPISIs that have established a competitive scholarship awards process for individuals who intend to pursue a career in agriculture, including in the agricultural disciplines of business, engineering, technology, food science, forestry, home economics, nutrition, soil conservation, non-medical biological sciences, and computer science. This bill also allows USDA to provide competitive grants for up to five years for integrated agricultural research, education, and extension projects at covered AANAPISIs to address U.S. agriculture priorities. The project grants include a 50% matching funds requirement that USDA may waive if certain requirements are met.

118 S2582 IS: AANAPISI Opportunity Act U.S. Senate 2023-07-27 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 2582 IN THE SENATE OF THE UNITED STATES July 27, 2023 Ms. Hirono Mr. Wyden Ms. Duckworth Committee on Agriculture, Nutrition, and Forestry A BILL To establish an integrated research, education, and extension competitive grant program and scholarship grant program for certain Asian American and Native American Pacific Islander-serving agricultural institutions, and for other purposes. 1. Short title This Act may be cited as the AANAPISI Opportunity Act 2. Grant programs supporting certain Asian American and Native American Pacific Islander-serving agricultural institutions (a) Definitions In this section: (1) Asian American The term Asian American 20 U.S.C. 1059g(b) (2) Covered institution The term covered institution Higher Education Act of 1965 20 U.S.C. 1001 (A) at the time of an application for a grant under this section, has a student body not less than 10 percent of which consists of students who are Asian American or Native American Pacific Islander; and (B) offers associate, bachelors, or other accredited degree programs in agriculture-related fields. (3) Native American Pacific Islander The term Native American Pacific Islander 20 U.S.C. 1059g(b) (4) Secretary The term Secretary (b) Integrated research, education, and extension competitive grants program established (1) Competitive grants authorized Subject to the availability of appropriations to carry out this section, the Secretary may award grants to covered institutions on a competitive basis for integrated agricultural research, education, and extension projects in accordance with this subsection. (2) Criteria for grants Grants under this subsection shall be awarded to address priorities in United States agriculture, as determined by the Secretary, in consultation with experts in Asian American and Native American Pacific Islander agricultural issues, that involve integrated research, extension, and education activities. (3) Matching funds requirement (A) In general Subject to subparagraph (C), with respect to a grant under this subsection that provides a particular benefit to a priority area described in subsection (b)(2) of the Competitive, Special, and Facilities Research Grant Act ( 7 U.S.C. 3157(b)(2) (B) In-kind support Non-Federal matching funds described in subparagraph (A) may include in-kind support. (C) Waiver The Secretary may waive the matching funds requirement under subparagraph (A) with respect to a grant if the Secretary determines that— (i) the results of the grant are— (I) of a particular benefit to a specific agricultural commodity; but (II) are likely to be applicable to agricultural commodities generally; or (ii) (I) the grant— (aa) involves a minor commodity; and (bb) deals with scientifically important research; and (II) the recipient of the grant is unable to satisfy the matching funds requirement. (4) Term of grant A grant under this subsection shall have a term of not more than 5 years. (c) Scholarship grant program established (1) In general The Secretary shall make grants to each covered institution for purposes of awarding scholarships to individuals who— (A) have been accepted for admission to the covered institution; (B) will be enrolled at the covered institution not later than 1 year after the date of that acceptance; and (C) intend to pursue a career in agriculture, including in the agricultural disciplines of business, management, economics, engineering, mechanics, production, technology, agronomy, crop science, animal science, botany, food science, forestry, home economics, nutrition, horticulture, natural resources management, soil conservation, soil science, farm and range management, nonmedical biological sciences, preveterinary medicine, computer science, and such other disciplines as the Secretary determines appropriate. (2) Condition The Secretary may only award a grant under this subsection to a covered institution if the Secretary determines that the covered institution has established a competitive process for the award of scholarships to individuals described in paragraph (1). (d) Biennial report Not later than 2 years after the date of the enactment of this Act, and every 2 years thereafter, the Secretary shall submit to the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Agriculture of the House of Representatives a report describing— (1) the amount of funds provided to each covered institution under subsections (a) and (b) during the period covered by the report; and (2) for each fiscal year covered by the report— (A) (i) the number of grants awarded under subsection (b); and (ii) the amount of each grant awarded under that subsection; and (B) (i) the number of scholarships awarded using amounts made available pursuant to each grant provided under subsection (c); and (ii) the amount of each scholarship awarded using those amounts.

AANAPISI Opportunity Act

Department of Defense Appropriations Act, 2024 This bill provides FY2024 appropriations to the Department of Defense (DOD) for military activities. (The bill excludes military construction, military family housing, civil works projects of the Army Corps of Engineers, and nuclear warheads, which are all included in other appropriations bills.) Within the DOD budget, the bill provides appropriations for Military Personnel; Operation and Maintenance; Procurement; Research, Development, Test and Evaluation; and Revolving and Management Funds. The bill provides appropriations for Other Department of Defense Programs, including the Defense Health Program, Chemical Agents and Munitions Destruction, Drug Interdiction and Counter-Drug Activities, and the Office of the Inspector General. In addition, the bill provides appropriations for Related Agencies, including (1) the Central Intelligence Agency Retirement and Disability System Fund, and (2) the Intelligence Community Management Account. The bill also sets forth requirements and restrictions for using funds provided by this and other appropriations acts.

118 S2587 RS: Department of Defense Appropriations Act, 2024 U.S. Senate 2023-07-27 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II Calendar No. 181 118th CONGRESS 1st Session S. 2587 [Report No. 118–81] IN THE SENATE OF THE UNITED STATES July 27, 2023 Mr. Tester Committee on Appropriations A BILL Making appropriations for the Department of Defense for the fiscal year ending September 30, 2024, and for other purposes. That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the Department of Defense for the fiscal year ending September 30, 2024, and for other purposes, namely: 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 42 U.S.C. 402 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 42 U.S.C. 402 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 42 U.S.C. 402 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 42 U.S.C. 402 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 42 U.S.C. 402 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, $5,333,436,000. 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, $2,481,249,000. 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, $879,613,000. 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 8038 of title 10, United States Code, or while serving on active duty under section 12301(d) of title 10, United States Code, in connection with performing duty specified in section 12310(a) of title 10, United States Code, or while undergoing reserve training, or while performing drills or equivalent duty or other duty, and expenses authorized by section 16131 of title 10, United States Code; and for payments to the Department of Defense Military Retirement Fund, $2,450,005,000. 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, $9,786,667,000. 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, $5,264,865,000. 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, $59,904,900,000: Provided, 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, $72,224,550,000: Provided, 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, $10,299,917,000. Operation and maintenance, air force For expenses, not otherwise provided for, necessary for the operation and maintenance of the Air Force, as authorized by law, $62,449,894,000: Provided, 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, $4,958,408,000. 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, $52,508,990,000: Provided, Provided further, Provided further, 10 U.S.C. 4951(1)(D) Provided further, Provided further, Provided further Provided further, Provided further, Provided further, Counter-ISIS train and equip fund For the Counter-Islamic State of Iraq and Syria Train and Equip Fund Provided, Provided further, Provided further, Provided further, Provided further, Provided further, Provided further, Provided further, Provided further, Iraq Train and Equip Fund Provided further, Iraq Train and Equip Fund Provided further, 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, $3,623,948,000. 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, $1,384,310,000. 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, $329,895,000. 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, $4,003,756,000. 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), $8,706,797,000. 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, $7,268,605,000. 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 the Department of the Army, $265,860,000, to remain available until transferred: Provided, Provided further, Provided further, Environmental restoration, navy (INCLUDING TRANSFER OF FUNDS) For the Department of the Navy, $405,240,000, to remain available until transferred: Provided, Provided further, Provided further, Environmental restoration, air force (INCLUDING TRANSFER OF FUNDS) For the Department of the Air Force, $406,744,000, to remain available until transferred: Provided, Provided further, Provided further, Environmental restoration, defense-Wide (INCLUDING TRANSFER OF FUNDS) For the Department of Defense, $8,965,000, to remain available until transferred: Provided, Provided further, Provided further, Environmental restoration, formerly used defense sites (INCLUDING TRANSFER OF FUNDS) For the Department of the Army, $232,806,000, to remain available until transferred: Provided, Provided further, Provided further, 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), $114,900,000, 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, $79,977,000: Provided, 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, $3,154,007,000, to remain available for obligation until September 30, 2026. 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, $4,826,906,000, 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, $4,070,011,000, 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, $2,888,332,000, 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 machine tools in public and private plants; reserve plant and Government and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes, $8,402,000,000, 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, $18,759,061,000, 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, $6,124,220,000, 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, $1,187,912,000, 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, 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), $1,115,296,000; 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, $410,400,000; DDG–51 Destroyer, $4,499,179,000; DDG–51 Destroyer (AP), $1,641,335,000; FFG–Frigate, $2,223,698,000; 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; 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, $513,937,000; and Completion of Prior Year Shipbuilding Programs, $1,390,093,000. In all: $33,250,631,000, to remain available for obligation until September 30, 2028: Provided, Provided further, Provided further, Provided further, 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, $14,711,311,000, to remain available for obligation until September 30, 2026: Provided, 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, $3,957,695,000, 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, $20,114,772,000, 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, $5,590,622,000, 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 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, $636,579,000, 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, $30,397,452,000, 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, $4,034,798,000, 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, $6,059,196,000, 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 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, $850,000,000, to remain available for obligation until September 30, 2026: Provided, Provided further, 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, $15,893,354,000, 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, $26,362,009,000, to remain available for obligation until September 30, 2025: Provided, 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, $45,675,802,000, 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, $18,842,930,000, 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, $36,271,140,000, 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. V REVOLVING AND MANAGEMENT FUNDS Defense working capital funds For the Defense Working Capital Funds, $1,795,079,000. 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, $39,085,201,000; of which $36,774,417,000 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 $19,776,328,000 may be available for contracts entered into under the TRICARE program; of which $353,811,000, to remain available for obligation until September 30, 2026, shall be for procurement; and of which $1,956,973,000, to remain available for obligation until September 30, 2025, shall be for research, development, test and evaluation: Provided, 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 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, $994,490,000, of which $622,593,000 shall be for counter-narcotics support; $134,313,000 shall be for the drug demand reduction program; $211,591,000 shall be for the National Guard counter-drug program; and $25,993,000 shall be for the National Guard counter-drug schools program: Provided, Provided further, Provided further, 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, $525,365,000, of which $520,867,000 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. VII RELATED AGENCIES Central intelligence agency retirement and disability system fund For payment to the Central Intelligence Agency Retirement and Disability System Fund, to maintain the proper funding level for continuing the operation of the Central Intelligence Agency Retirement and Disability System, $514,000,000. Intelligence community management account For necessary expenses of the Intelligence Community Management Account, $601,442,000. VIII GENERAL PROVISIONS 8001. No part of any appropriation contained in this Act shall be used for publicity or propaganda purposes not authorized by the Congress. 8002. 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, Provided further, Provided further, 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. 8004. 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, (TRANSFER OF FUNDS) 8005. 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, Provided further, Provided further, Provided further, Provided further, 8006. (a) With regard to the list of specific programs, projects, and activities (and the dollar amounts and adjustments to budget activities corresponding to such programs, projects, and activities) contained in the tables titled Committee Recommended Adjustments (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 Provided further (c) During the current fiscal year, amounts specified in the referenced tables 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). 8007. (a) Not later than 60 days after 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, (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) Notwithstanding section 8005 of this Act, none of the funds provided in this Act shall be available for reprogramming or transfer until the report identified in subsection (a) is submitted to the congressional defense committees, unless the Secretary of Defense certifies in writing to the congressional defense committees that such reprogramming or transfer is necessary as an emergency requirement: Provided (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 (6) Drug Interdiction and Counter-drug Activities, Defense (TRANSFER OF FUNDS) 8008. 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, Provided further, Foreign Currency Fluctuations, Defense Operation and Maintenance Provided further, 8009. 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. 8010. 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, Provided further, Provided further, Provided further, Provided further, (1) 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 a multiyear procurement contract 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; Standard Missile–6; and 10 SSN Virginia Class Submarines and Government-furnished equipment. 8011. 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 Provided, Provided further, Public Law 99–239 Provided further, 8012. (a) During the current fiscal year, the civilian personnel of the Department of Defense may not be managed on the basis of any constraint or limitation in terms of man years, end strength, full-time equivalent positions, or maximum number of employees, but are to be managed solely on the basis of, and in a manner consistent with— (1) the total force management policies and procedures established under section 129a of title 10, United States Code; (2) the workload required to carry out the functions and activities of the Department; and (3) the funds made available to the Department for such fiscal year. (b) None of the funds appropriated by this Act may be used to reduce the civilian workforce programmed full time equivalent levels absent the appropriate analysis of the impact of these reductions on workload, military force structure, lethality, readiness, operational effectiveness, stress on the military force, and fully burdened costs. (c) A projection of the number of full-time equivalent positions shall not be considered a constraint or limitation for purposes of subsection (a) and reducing funding for under-execution of such a projection shall not be considered managing based on a constraint or limitation for purposes of such subsection. (d) The fiscal year 2025 budget request for the Department of Defense, and any justification material and other documentation supporting such a request, shall be prepared and submitted to Congress as if subsections (a) and (b) were effective with respect to such fiscal year. (e) Nothing in this section shall be construed to apply to military (civilian) technicians. 8013. 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. 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) 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. 8016. 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, manufactured Provided further, Provided further, 8017. 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, Provided further, Provided further, 8018. 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. 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, 8020. Of the funds made available in this Act under the heading Procurement, Defense-Wide 25 U.S.C. 1544 Provided, 25 U.S.C. 1544 Provided further, 8021. (a) Notwithstanding any other provision of law, the Secretary of the Air Force may convey at no cost to the Air Force, without consideration, to Indian tribes located in the States of Nevada, Idaho, North Dakota, South Dakota, Montana, Oregon, Minnesota, and Washington relocatable military housing units located at Grand Forks Air Force Base, Malmstrom Air Force Base, Mountain Home Air Force Base, Ellsworth Air Force Base, and Minot Air Force Base that are excess to the needs of the Air Force. (b) The Secretary of the Air Force shall convey, at no cost to the Air Force, military housing units under subsection (a) in accordance with the request for such units that are submitted to the Secretary by the Operation Walking Shield Program on behalf of Indian tribes located in the States of Nevada, Idaho, North Dakota, South Dakota, Montana, Oregon, Minnesota, and Washington. 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) In this section, the term Indian tribe Public Law 103–454 25 U.S.C. 5131 8022. Of the funds appropriated to the Department of Defense under the heading Operation and Maintenance, Defense-Wide 8023. Funds appropriated by this Act for the Defense Media Activity shall not be used for any national or international political or psychological activities. 8024. Of the amounts appropriated for Working Capital Fund, Army 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 (2) $11,900,000 shall be available from Aircraft Procurement, Air Force (3) $2,000,000 shall be available from Other Procurement, Air Force (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. 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 Provided further (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 Provided further Provided further (e) Notwithstanding any other provision of this Act, the total amount appropriated in this Act for FFRDCs is hereby reduced by $27,197,000: Provided 8027. For the purposes of this Act, the term congressional defense committees 8028. For the purposes of this Act, the term congressional intelligence committees 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, Provided further, 8030. (a) None of the funds appropriated in this Act may be expended by an entity of the Department of Defense unless the entity, in expending the funds, complies with the Buy American Act. For purposes of this subsection, the term Buy American Act chapter 83 (b) If the Secretary of Defense determines that a person has been convicted of intentionally affixing a label bearing a Made in America (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. 8031. 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, Provided further, Provided further, 8032. (a) (1) If the Secretary of Defense, after consultation with the United States Trade Representative, determines that a foreign country which is party to an agreement described in paragraph (2) has violated the terms of the agreement by discriminating against certain types of products produced in the United States that are covered by the agreement, the Secretary of Defense shall rescind the Secretary's blanket waiver of the Buy American Act with respect to such types of products produced in that foreign country. (2) 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) 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. (c) For purposes of this section, the term Buy American Act chapter 83 8033. 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, Provided further, commercial products 8034. In addition to any other funds made available for such purposes, there is appropriated $207,629,000, for an additional amount for the National Defense Stockpile Transaction Fund 50 U.S.C. 98 et seq. Provided, 8035. None of the funds in this Act may be used to purchase any supercomputer which is not manufactured in the United States, unless the Secretary of Defense certifies to the congressional defense committees that such an acquisition must be made in order to acquire capability for national security purposes that is not available from United States manufacturers. 8036. (a) The Secretary of Defense may, on a case-by-case basis, waive with respect to a foreign country each limitation on the procurement of defense items from foreign sources provided in law if the Secretary determines that the application of the limitation with respect to that country would invalidate cooperative programs entered into between the Department of Defense and the foreign country, or would invalidate reciprocal trade agreements for the procurement of defense items entered into under section 2531 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) 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. 8037. 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. 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. 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, 8040. Up to $13,809,000 of the funds appropriated under the heading Operation and Maintenance, Navy Provided, Provided further, 8041. 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, 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) 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. 8043. 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, Provided further, 50 U.S.C. 3093 Provided further, 8044. (a) None of the funds appropriated by this Act shall be available to convert to contractor performance an activity or function of the Department of Defense that, on or after the date of the enactment of this Act, is performed by Department of Defense civilian employees unless— (1) 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) 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 (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) 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) 8045. 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, Other Procurement, Army Shipbuilding and Conversion, Navy: T-AGOS Other Procurement, Navy Aircraft Procurement, Air Force Procurement, Defense-Wide Operation and Maintenance, Defense-Wide Counter-ISIS Train and Equip Fund Other Procurement, Army Aircraft Procurement, Navy Procurement of Ammunition, Navy and Marine Corps Shipbuilding and Conversion, Navy: DDG-51 Advance Procurement Shipbuilding and Conversion, Navy: LPD Flight II Advance Procurement Other Procurement, Navy Aircraft Procurement, Air Force Other Procurement, Air Force Procurement, Space Force Procurement, Defense-Wide 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 8046. None of the funds made 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. 8047. 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, 8048. 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 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, 8049. (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) 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. 8050. In addition to the amounts appropriated or otherwise made available elsewhere in this Act, $24,000,000 is hereby appropriated to the Department of Defense: Provided, 8051. Notwithstanding any other provision in this Act, the Small Business Innovation Research program and the Small Business Technology Transfer program set-asides shall be taken proportionally from all programs, projects, or activities to the extent they contribute to the extramural budget. 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. 8052. 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) 8053. During the current fiscal year, no more than $30,000,000 of appropriations made in this Act under the heading Operation and Maintenance, Defense-Wide 8054. During the current fiscal year, in the case of an appropriation account of the Department of Defense for which the period of availability for obligation has expired or which has closed under the provisions of section 1552 of title 31, United States Code, and which has a negative unliquidated or unexpended balance, an obligation or an adjustment of an obligation may be charged to any current appropriation account for the same purpose as the expired or closed account if— (1) the obligation would have been properly chargeable (except as to amount) to the expired or closed account before the end of the period of availability or closing of that account; (2) the obligation is not otherwise properly chargeable to any current appropriation account of the Department of Defense; and (3) in the case of an expired account, the obligation is not chargeable to a current appropriation of the Department of Defense under the provisions of section 1405(b)(8) of the National Defense Authorization Act for Fiscal Year 1991, Public Law 101–510 31 U.S.C. 1551 Provided, Provided further Provided, 8055. (a) Notwithstanding any other provision of law, the Chief of the National Guard Bureau may permit the use of equipment of the National Guard Distance Learning Project by any person or entity on a space-available, reimbursable basis. The Chief of the National Guard Bureau shall establish the amount of reimbursement for such use on a case-by-case basis. (b) Amounts collected under subsection (a) shall be credited to funds available for the National Guard Distance Learning Project and be available to defray the costs associated with the use of equipment of the project under that subsection. Such funds shall be available for such purposes without fiscal year limitation. 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) 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) 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. 8057. (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, (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 (c) 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 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 Provided further Provided further 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. 8059. Notwithstanding any other provision of law, funds appropriated in this Act under the heading Research, Development, Test and Evaluation, Defense-Wide Provided, 8060. 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. 8061. Notwithstanding section 12310(b) of title 10, United States Code, a Reserve 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. 8062. 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) armor-piercing incendiary tracer (API–T) 8063. 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) 8064. Of the amounts appropriated in this Act under the heading Operation and Maintenance, Army Provided, Provided further, Provided further, Provided further, 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) 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 processes. 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) 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) 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) 8066. In addition to amounts made available elsewhere in this Act, $400,000,000 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, Provided further, Provided further, Provided further, (INCLUDING TRANSFER OF FUNDS) 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 Operation and Maintenance, Air Force (INCLUDING TRANSFER OF FUNDS) 8068. Of the amounts appropriated for Operation and Maintenance, Navy 2 U.S.C. 1105 8069. None of the funds available to the Department of Defense may be obligated to modify command and control relationships to give Fleet Forces Command operational and administrative control of United States Navy forces assigned to the Pacific fleet: Provided, Provided further, Provided further, 8070. 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) 8071. Of the amounts appropriated in this Act under the headings Procurement, Defense-Wide Research, Development, Test and Evaluation, Defense-Wide Provided, Provided further, 8072. Of the amounts appropriated in this Act under the heading Shipbuilding and Conversion, Navy (1) Under the heading Shipbuilding and Conversion, Navy (2) Under the heading Shipbuilding and Conversion, Navy (3) Under the heading Shipbuilding and Conversion, Navy (4) Under the heading Shipbuilding and Conversion, Navy (5) Under the heading Shipbuilding and Conversion, Navy (6) Under the heading Shipbuilding and Conversion, Navy (7) Under the heading Shipbuilding and Conversion, Navy (8) Under the heading Shipbuilding and Conversion, Navy (9) Under the heading Shipbuilding and Conversion, Navy (10) Under the heading Shipbuilding and Conversion, Navy (11) Under the heading Shipbuilding and Conversion, Navy (12) Under the heading Shipbuilding and Conversion, Navy (13) Under the heading Shipbuilding and Conversion, Navy (14) Under the heading Shipbuilding and Conversion, Navy (15) Under the heading Shipbuilding and Conversion, Navy (16) Under the heading Shipbuilding and Conversion, Navy 8073. Funds appropriated by this Act, or made available by the transfer of funds in 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. 3094 8074. None of the funds provided in this Act shall be available for obligation or expenditure through a reprogramming of funds that creates or initiates a new program, project, or activity unless such program, project, or activity must be undertaken immediately in the interest of national security and only after written prior notification to the congressional defense committees. 8075. 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. (INCLUDING TRANSFER OF FUNDS) 8076. 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, Provided further, Provided further Provided further Provided further 8077. 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, 8078. 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, 8079. 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. 8080. 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 Shipbuilding and Conversion, Navy 8081. (a) Not later than 60 days after the date of enactment of this Act, the Director of National Intelligence shall submit a report to the congressional intelligence committees to establish the baseline for application of reprogramming and transfer authorities for fiscal year 2024: Provided, (1) a table for each appropriation with a separate column to display the President's budget request, adjustments made by Congress, adjustments due to enacted rescissions, if appropriate, and the fiscal year enacted level; (2) a delineation in the table for each appropriation by Expenditure Center and project; and (3) an identification of items of special congressional interest. (b) 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. 8082. 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. 8083. (a) None of the funds provided for the National Intelligence Program in this or any prior appropriations Act shall be available for obligation or expenditure through a reprogramming or transfer of funds in accordance with section 102A(d) of the National Security Act of 1947 ( 50 U.S.C. 3024(d) (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) 8084. (a) Any agency receiving funds made available in this Act, shall, subject to subsections (b) and (c), post on the public website of that agency any report required to be submitted by the Congress in this or any other Act, upon the determination by the head of the agency that it shall serve the national interest. (b) Subsection (a) shall not apply to a report if— (1) the public posting of the report compromises national security; or (2) the report contains proprietary information. (c) 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 fewer than 45 days. 8085. (a) None of the funds appropriated or otherwise made available by this Act may be expended for any Federal contract for an amount in excess of $1,000,000, unless the contractor agrees not to— (1) enter into any agreement with any of its employees or independent contractors that requires, as a condition of employment, that the employee or independent contractor agree to resolve through arbitration any claim under title VII of the Civil Rights Act of 1964 or any tort related to or arising out of sexual assault or harassment, including assault and battery, intentional infliction of emotional distress, false imprisonment, or negligent hiring, supervision, or retention; or (2) take any action to enforce any provision of an existing agreement with an employee or independent contractor that mandates that the employee or independent contractor resolve through arbitration any claim under title VII of the Civil Rights Act of 1964 or any tort related to or arising out of sexual assault or harassment, including assault and battery, intentional infliction of emotional distress, false imprisonment, or negligent hiring, supervision, or retention. (b) 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 of this subsection, a covered subcontractor (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) 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. The Secretary of Defense shall transmit to Congress, and simultaneously make public, any determination under this subsection not less than 15 business days before the contract or subcontract addressed in the determination may be awarded. (INCLUDING TRANSFER OF FUNDS) 8086. 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, Public Law 110–417 Provided further, 8087. 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. 8088. Notwithstanding price or other limitations applicable to the purchase of passenger carrying vehicles, appropriations available to the Department of Defense may be used for the purchase of: (1) heavy and light armored vehicles for the physical security of personnel or for force protection purposes up to a limit of $450,000 per vehicle; and (2) passenger motor vehicles up to a limit of $75,000 per vehicle for use by military and civilian employees of the Department of Defense in the United States Central Command area of responsibility. (INCLUDING TRANSFER OF FUNDS) 8089. 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, Provided further, 8090. Of the amounts appropriated in this Act for Shipbuilding and Conversion, Navy 46 U.S.C. 57100 Provided, Provided further, 8091. The Secretary of Defense shall post grant awards on a public website in a searchable format. 8092. 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. 8093. 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, 8094. Of the amounts appropriated in this Act for Operation and Maintenance, Navy 46 U.S.C. 57100 Provided, 8095. (a) None of the funds provided in this Act for the TAO Fleet Oiler program shall be used to award a new contract that provides for the acquisition of the following components unless those components are manufactured in the United States: Auxiliary equipment (including pumps) for shipboard services; propulsion equipment (including engines, reduction gears, and propellers); shipboard cranes; spreaders for shipboard cranes; and anchor chains, specifically for the seventh and subsequent ships of the fleet. (b) None of the funds provided in this Act for 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 8096. 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. 8097. No amounts credited or otherwise made available in this or any other Act to the Department of Defense Acquisition Workforce Development Account may be transferred to: (1) the Rapid Prototyping Fund established under section 804(d) of the National Defense Authorization Act for Fiscal Year 2016 ( 10 U.S.C. 2302 (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). 8098. 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). 8099. (a) None of the funds made available in this Act may be used to maintain or establish a computer network unless such network is designed to block access to pornography websites. (b) Nothing in subsection (a) shall limit the use of funds necessary for any Federal, State, tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecution, or adjudication activities, or for any activity necessary for the national defense, including intelligence activities. 8100. 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. 8101. (a) None of the funds made available by this or any other Act may be used to enter into a contract, memorandum of understanding, or cooperative agreement with, make a grant to, or provide a loan or loan guarantee to any corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner 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) 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. 8102. (a) Amounts appropriated under title IV of this Act, as detailed in budget activity eight of the tables of Committee Recommended Adjustments (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. 8103. 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 8 U.S.C. 1231 (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 8104. Of the amounts appropriated in this Act under the heading Operation and Maintenance, Defense-Wide Provided, Provided further, Provided further, Provided further, Provided further, Provided further, Provided further, Provided further Provided further Provided further 8105. During the current fiscal year, the Department of Defense is authorized to incur obligations of not to exceed $350,000,000 for purposes specified in section 2350j(c) of title 10, United States Code, in anticipation of receipt of contributions, only from the Government of Kuwait, under that section: Provided, 8106. Of the amounts appropriated in this Act under the heading Operation and Maintenance, Defense-Wide Provided, Provided further, 8107. Of the amounts appropriated in this Act under the heading Operation and Maintenance, Defense-Wide 22 U.S.C. 2151 Provided, Provided further, 8108. 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. 8109. 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 8110. None of the funds made available by this Act may be made available for any member of the Taliban. 8111. 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. 8112. (a) None of the funds appropriated or otherwise made available by this or any other Act may be used by the Secretary of Defense, or any other official or officer of the Department of Defense, to enter into a contract, memorandum of understanding, or cooperative agreement with, or make a grant to, or provide a loan or loan guarantee to Rosoboronexport or any subsidiary of Rosoboronexport. (b) 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) 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) 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. (INCLUDING TRANSFER OF FUNDS) 8113. In addition to amounts appropriated in title II or otherwise made available elsewhere in this Act, $3,300,000,000 is hereby appropriated to the Department of Defense and made available for transfer to the operation and maintenance accounts of the Army, Navy, Marine Corps, Air Force, and Space Force (including National Guard and Reserve) for purposes of improving military readiness: Provided, Provided further Provided further 8114. Equipment procured using funds provided in prior Acts under the heading Counterterrorism Partnerships Fund Buck Public Law 113–291 Iraq Train and Equip Fund Counter-ISIS Train and Equip Fund Provided, 8115. Of the amounts appropriated in this Act under the heading Operation and Maintenance, Defense-Wide Provided, Provided further, Provided further, 8116. (a) Within 45 days of enactment of this Act, the Secretary of Defense shall allocate amounts made available from the Creating Helpful Incentives to Produce Semiconductors (CHIPS) for America Defense Fund for fiscal year 2024 pursuant to the transfer authority in section 102(b)(1) of the CHIPS Act of 2022 (division A of Public Law 117–167 Department of Defense Allocation of Funds: CHIPS and Science Act Fiscal Year 2024 (b) Neither the President nor his designee may allocate any amounts that are made available for any fiscal year under section 102(b)(2) of the CHIPS Act of 2022 if there is in effect an Act making or continuing appropriations for part of a fiscal year for the Department of Defense: Provided, That in any fiscal year, the matter preceding this proviso shall not apply to the allocation, apportionment, or allotment of amounts for continuing administration of programs allocated using funds transferred from the CHIPS for America Defense Fund, which may be allocated pursuant to the transfer authority in section 102(b)(1) of the CHIPS Act of 2022 only in amounts that are no more than the allocation for such purposes in subsection (a) of this section. (c) The Secretary of Defense may reallocate funds allocated by subsection (a) of this section, subject to the terms and conditions contained in the provisos in section 8005 of this Act: Provided, That amounts may be reallocated pursuant to this subsection only for those requirements necessary to carry out section 9903(b) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 (d) Concurrent with the annual budget submission of the President for fiscal year 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) 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. 8117. The total amount appropriated or otherwise made available in title II of this Act is hereby reduced by $400,000,000 to limit excessive growth in the procurement of advisory and assistance services, to be distributed as follows: 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 Operation and Maintenance, Army National Guard Provided, 8118. 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 Operation and Maintenance, Navy Operation and Maintenance, Marine Corps Operation and Maintenance, Air Force Operation and Maintenance, Space Force Operation and Maintenance, Defense-Wide Provided, 8119. Of the funds appropriated in this Act under the heading Operation and Maintenance, Defense-Wide Provided, Provided further, Provided further, 8120. 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. 8121. None of the funds made available by this Act may be used to fund any work to be performed by EcoHealth Alliance, Inc. in China on research supported by the government of China unless the Secretary of Defense determines that a waiver to such prohibition is in the national security interests of the United States and, not later than 14 days after granting such a waiver, submits to the congressional defense committees a detailed justification for the waiver, including— (1) an identification of the Department of Defense entity obligating or expending the funds; (2) an identification of the amount of such funds; (3) an identification of the intended purpose of such funds; (4) an identification of the recipient or prospective recipient of such funds (including any third-party entity recipient, as applicable); (5) an explanation for how the waiver is in the national security interests of the United States; and (6) any other information the Secretary determines appropriate. 8122. 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) is or was held on or after June 24, 2009, at United States Naval Station, Guantanamo Bay, Cuba, by the Department of Defense. 8123. 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 Public Law 115–232 8124. (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. 8125. 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. 8126. 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. 8127. Grants pursuant to section 8120 of the Department of Defense Appropriations Act, 2022 (division C of Public Law 117–103 8128. During their period of availability, amounts appropriated for the Afghanistan Security Forces Fund in section 124 of the Continuing Appropriations Act, 2023 (division A of Public Law 117–180 8129. 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. 8130. None of the funds provided in this or any prior Department of Defense Appropriations Act shall be available for obligation or expenditure for the Department of Defense to— (1) Implement paragraphs (1)(B) and (2)(B) of section 834(d) of S. 2226, the National Defense Authorization Act for Fiscal Year 2024, as reported by the Senate Armed Services Committee; or (2) Provide loans, loan guarantees, or equity investments to any entity unless the authority to provide such assistance is pursuant to either chapter 55 8131. 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: Provided, (INCLUDING TRANSFER OF FUNDS) 8132. In addition to amounts appropriated in title III, title IV, or otherwise made available elsewhere in this Act, $1,500,000,000 is hereby appropriated to the Department of Defense and made available for transfer to the procurement and research, development, test and evaluation accounts of the Army, Navy, Marine Corps, Air Force, and Space Force to reflect revised economic assumptions: Provided, Provided further, Provided further, (INCLUDING TRANSFER OF FUNDS) 8133. In addition to amounts made available elsewhere in this Act, $2,000,000,000 is hereby appropriated to the Department of Defense and made available for transfer to the operation and maintenance, procurement, and research, development, test and evaluation accounts of the Army, Navy, Marine Corps, Air Force, Space Force, and agencies of the Department of Defense, only to address unfunded priorities of the armed forces and combatant commands for fiscal year 2024 (as submitted to Congress pursuant to section 222a of title 10, United States Code) with submission of the budget of the President for fiscal year 2024 (as submitted to Congress pursuant to section 1105 of title 31, United States Code), as identified in the report accompanying this Act: Provided, Provided further, Provided further, (INCLUDING TRANSFER OF FUNDS) 8134. In addition to amounts made available elsewhere in this Act, $1,000,000,000 is hereby appropriated to the Department of Defense and made available for transfer to the procurement and research, development, test and evaluation accounts of the Army, Navy, Marine Corps, Air Force, and Space Force to address defense industrial base capacity and workforce shortfalls: Provided, Provided further, Provided further, (INCLUDING TRANSFER OF FUNDS) 8135. Notwithstanding any other provision of this Act, to reflect higher than anticipated fuel costs, the total amount appropriated in title II of this Act is hereby increased by $500,000,000: Provided, (INCLUDING TRANSFER OF FUNDS) 8136. In addition to amounts made available elsewhere in this Act, $1,100,000,000, to remain available until September 30, 2025, is hereby appropriated to Operation and Maintenance, Defense-Wide Provided, Operation and Maintenance Procurement Provided further, Provided further, Provided further, Provided further, 8137. 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 rescinded, if applicable) only if the President subsequently so designates all such amounts and transmits such designations to the Congress. 8138. None of the funds made available by this Act may be used to provide for a Confucius Institute Waiver Program at the Department of Defense, or for the processing or consideration of such a waiver. This Act may be cited as the Department of Defense Appropriations Act, 2024 July 27, 2023 Read twice and placed on the calendar

Department of Defense Appropriations Act, 2024

Department of the Interior, Environment, and Related Agencies Appropriations Act, 2024 This bill provides FY2024 appropriations for the Department of the Interior, the Environmental Protection Agency (EPA), and several related agencies. The bill provides appropriations to Interior for the Bureau of Land Management, the U.S. Fish and Wildlife Service, the National Park Service, the U.S. Geological Survey, the Bureau of Ocean Energy Management, the Bureau of Safety and Environmental Enforcement, the Office of Surface Mining Reclamation and Enforcement, the Bureau of Indian Affairs, the Bureau of Indian Education, the Office of the Special Trustee For American Indians, Departmental Offices, and Department-Wide Programs. The bill also provides appropriations to the EPA and the Forest Service. Within the Department of Health and Human Services, the bill provides appropriations for the Indian Health Service, the National Institute of Environmental Health Sciences, and the Agency for Toxic Substances and Disease Registry. The bill provides appropriations to several related agencies, including the Council on Environmental Quality and Office of Environmental Quality, the Chemical Safety and Hazard Investigation Board, the Office of Navajo and Hopi Indian Relocation, the Institute of American Indian and Alaska Native Culture and Arts Development, the Smithsonian Institution, the National Gallery of Art, the John F. Kennedy Center for the Performing Arts, the Woodrow Wilson International Center for Scholars, the National Endowment for the Arts, the National Endowment for the Humanities, the Commission of Fine Arts, the Advisory Council on Historic Preservation. the National Capital Planning Commission, the U.S. Holocaust Memorial Museum, the Presidio Trust, and the U.S. Semiquincentennial Commission. Additionally, the bill sets forth requirements and restrictions for using funds provided by this and other appropriations acts.

118 S2605 RS: Department of the Interior, Environment, and Related Agencies Appropriations Act, 2024 U.S. Senate 2023-07-27 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II Calendar No. 186 118th CONGRESS 1st Session S. 2605 [Report No. 118–83] IN THE SENATE OF THE UNITED STATES July 27, 2023 Mr. Merkley Committee on Appropriations A BILL Making appropriations for the Department of the Interior, environment, and related agencies for the fiscal year ending September 30, 2024, and for other purposes. That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the Department of the Interior, environment, and related agencies for the fiscal year ending September 30, 2024, and for other purposes, namely: I DEPARTMENT OF THE INTERIOR Bureau of land management MANAGEMENT OF LANDS AND RESOURCES For necessary expenses for protection, use, improvement, development, disposal, cadastral surveying, classification, acquisition of easements and other interests in lands, and performance of other functions, including maintenance of facilities, as authorized by law, in the management of lands and their resources under the jurisdiction of the Bureau of Land Management, including the general administration of the Bureau, and assessment of mineral potential of public lands pursuant to section 1010(a) of Public Law 96–487 16 U.S.C. 3150(a) Public Law 92–195 16 U.S.C. 1331 et seq. Provided, Provided further, Public Law 115–31 43 U.S.C. 1748c(e)(1)(A) Provided further, Provided further, Congressionally Directed Spending Items In addition, $42,696,000 is for Mining Law Administration program operations, including the cost of administering the mining claim fee program, to remain available until expended, to be reduced by amounts collected by the Bureau and credited to this appropriation from mining claim maintenance fees and location fees that are hereby authorized for fiscal year 2024, so as to result in a final appropriation estimated at not more than $1,371,619,000, and $2,000,000, to remain available until expended, from communication site rental fees established by the Bureau for the cost of administering communication site activities. OREGON AND CALIFORNIA GRANT LANDS For expenses necessary for management, protection, and development of resources and for construction, operation, and maintenance of access roads, reforestation, and other improvements on the revested Oregon and California Railroad grant lands, on other Federal lands in the Oregon and California land-grant counties of Oregon, and on adjacent rights-of-way; and acquisition of lands or interests therein, including existing connecting roads on or adjacent to such grant lands; $121,334,000, to remain available until expended: Provided, 43 U.S.C. 2605 RANGE IMPROVEMENTS For rehabilitation, protection, and acquisition of lands and interests therein, and improvement of Federal rangelands pursuant to section 401 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1751 43 U.S.C. 315b Provided, SERVICE CHARGES, DEPOSITS, AND FORFEITURES For administrative expenses and other costs related to processing application documents and other authorizations for use and disposal of public lands and resources, for costs of providing copies of official public land documents, for monitoring construction, operation, and termination of facilities in conjunction with use authorizations, and for rehabilitation of damaged property, such amounts as may be collected under Public Law 94–579 43 U.S.C. 1701 et seq. 30 U.S.C. 185 Provided, Public Law 94–579 43 U.S.C. 1735(a) 43 U.S.C. 1735(c) Provided further, MISCELLANEOUS TRUST FUNDS In addition to amounts authorized to be expended under existing laws, there is hereby appropriated such amounts as may be contributed under section 307 of Public Law 94–579 43 U.S.C. 1737 43 U.S.C. 1721(b) ADMINISTRATIVE PROVISIONS The Bureau of Land Management may carry out the operations funded under this Act by direct expenditure, contracts, grants, cooperative agreements, and reimbursable agreements with public and private entities, including with States. Appropriations for the Bureau shall be available for purchase, erection, and dismantlement of temporary structures, and alteration and maintenance of necessary buildings and appurtenant facilities to which the United States has title; up to $100,000 for payments, at the discretion of the Secretary, for information or evidence concerning violations of laws administered by the Bureau; miscellaneous and emergency expenses of enforcement activities authorized or approved by the Secretary and to be accounted for solely on the Secretary’s certificate, not to exceed $10,000: Provided, Public Law 90–620 44 U.S.C. 501 Provided further, United States fish and wildlife service RESOURCE MANAGEMENT (INCLUDING TRANSFER OF FUNDS) For necessary expenses of the United States Fish and Wildlife Service, as authorized by law, and for scientific and economic studies, general administration, and for the performance of other authorized functions related to such resources, $1,586,086,000, to remain available until September 30, 2025, of which not to exceed $15,000 may be for official reception and representation expenses: Provided, 16 U.S.C. 1533 Provided further, Congressionally Directed Spending Items Provided further, CONSTRUCTION For construction, improvement, acquisition, or removal of buildings and other facilities required in the conservation, management, investigation, protection, and utilization of fish and wildlife resources, and the acquisition of lands and interests therein; $29,904,000, to remain available until expended. COOPERATIVE ENDANGERED SPECIES CONSERVATION FUND For expenses necessary to carry out section 6 of the Endangered Species Act of 1973 ( 16 U.S.C. 1535 NATIONAL WILDLIFE REFUGE FUND For expenses necessary to implement the Act of October 17, 1978 ( 16 U.S.C. 715s NORTH AMERICAN WETLANDS CONSERVATION FUND For expenses necessary to carry out the provisions of the North American Wetlands Conservation Act ( 16 U.S.C. 4401 et seq. NEOTROPICAL MIGRATORY BIRD CONSERVATION For expenses necessary to carry out the Neotropical Migratory Bird Conservation Act ( 16 U.S.C. 6101 et seq. MULTINATIONAL SPECIES CONSERVATION FUND For expenses necessary to carry out the African Elephant Conservation Act ( 16 U.S.C. 4201 et seq. 16 U.S.C. 4261 et seq. 16 U.S.C. 5301 et seq. 16 U.S.C. 6301 et seq. 16 U.S.C. 6601 et seq. STATE AND TRIBAL WILDLIFE GRANTS For wildlife conservation grants to States and to the District of Columbia, Puerto Rico, Guam, the United States Virgin Islands, the Northern Mariana Islands, American Samoa, and Indian tribes under the provisions of the Fish and Wildlife Act of 1956 and the Fish and Wildlife Coordination Act, for the development and implementation of programs for the benefit of wildlife and their habitat, including species that are not hunted or fished, $73,812,000, to remain available until expended: Provided, Provided further, Provided further, Provided further, Provided further, Provided further, Provided further, Provided further, ADMINISTRATIVE PROVISIONS The United States Fish and Wildlife Service may carry out the operations of Service programs by direct expenditure, contracts, grants, cooperative agreements and reimbursable agreements with public and private entities. Appropriations and funds available to the United States Fish and Wildlife Service shall be available for repair of damage to public roads within and adjacent to reservation areas caused by operations of the Service; options for the purchase of land at not to exceed one dollar for each option; facilities incident to such public recreational uses on conservation areas as are consistent with their primary purpose; and the maintenance and improvement of aquaria, buildings, and other facilities under the jurisdiction of the Service and to which the United States has title, and which are used pursuant to law in connection with management, and investigation of fish and wildlife resources: Provided, 44 U.S.C. 501 Provided further, Provided further, 31 U.S.C. 3302 United States Fish and Wildlife Service—Resource Management National park service OPERATION OF THE NATIONAL PARK SYSTEM For expenses necessary for the management, operation, and maintenance of areas and facilities administered by the National Park Service and for the general administration of the National Park Service, $2,935,004,000, of which $11,661,000 for planning and interagency coordination in support of Everglades restoration and $135,980,000 for maintenance, repair, or rehabilitation projects for constructed assets and $190,184,000 for cyclic maintenance projects for constructed assets and cultural resources and $10,000,000 for uses authorized by section 101122 of title 54, United States Code shall remain available until September 30, 2025, and not to exceed $15,000 may be for official reception and representative expenses: Provided, Public Law 95–348 Provided further, Public Law 115–102 Provided further, July 1, 2024 July 1, 2025 In addition, for purposes described in section 2404 of Public Law 116–9 NATIONAL RECREATION AND PRESERVATION For expenses necessary to carry out recreation programs, natural programs, cultural programs, heritage partnership programs, environmental compliance and review, international park affairs, and grant administration, not otherwise provided for, $93,433,000, to remain available until September 30, 2025, of which $1,640,000 shall be for projects specified for Statutory and Contractual Aid in the table titled Congressionally Directed Spending Items HISTORIC PRESERVATION FUND For expenses necessary in carrying out the National Historic Preservation Act (division A of subtitle III of title 54, United States Code), $195,166,000, to be derived from the Historic Preservation Fund and to remain available until September 30, 2025, of which $19,766,000 shall be for Save America's Treasures grants for preservation of nationally significant sites, structures and artifacts as authorized by section 7303 of the Omnibus Public Land Management Act of 2009 ( 54 U.S.C. 3089 Provided, Provided further, Provided further, Provided further, 54 U.S.C. 302904 Congressionally Directed Spending Items Provided further, CONSTRUCTION For construction, improvements, repair, or replacement of physical facilities, and related equipment, and compliance and planning for programs and areas administered by the National Park Service, $232,862,000, to remain available until expended: Provided, Provided further, Provided further, Provided further, CENTENNIAL CHALLENGE For expenses necessary to carry out the provisions of section 101701 of title 54, United States Code, relating to challenge cost share agreements, $15,000,000, to remain available until expended, for Centennial Challenge projects and programs: Provided, ADMINISTRATIVE PROVISIONS (INCLUDING TRANSFER AND RESCISSIONS OF FUNDS) In addition to other uses set forth in section 101917(c)(2) of title 54, United States Code, franchise fees credited to a sub-account shall be available for expenditure by the Secretary, without further appropriation, for use at any unit within the National Park System to extinguish or reduce liability for Possessory Interest or leasehold surrender interest. Such funds may only be used for this purpose to the extent that the benefitting unit anticipated franchise fee receipts over the term of the contract at that unit exceed the amount of funds used to extinguish or reduce liability. Franchise fees at the benefitting unit shall be credited to the sub-account of the originating unit over a period not to exceed the term of a single contract at the benefitting unit, in the amount of funds so expended to extinguish or reduce liability. For the costs of administration of the Land and Water Conservation Fund grants authorized by section 105(a)(2)(B) of the Gulf of Mexico Energy Security Act of 2006 ( Public Law 109–432 National Park Service funds may be transferred to the Federal Highway Administration (FHWA), Department of Transportation, for purposes authorized under 23 U.S.C. 203 Of the unobligated balances from amounts made available under the heading Centennial Challenge Provided, Of the unobligated balances from amounts made available under the heading Construction Provided, Of the unobligated balances from amounts made available under the heading Construction Provided, United States geological survey SURVEYS, INVESTIGATIONS, AND RESEARCH (INCLUDING TRANSFER OF FUNDS) For expenses necessary for the United States Geological Survey to perform surveys, investigations, and research covering topography, geology, hydrology, biology, and the mineral and water resources of the United States, its territories and possessions, and other areas as authorized by 43 U.S.C. 31 30 U.S.C. 641 30 U.S.C. 3 50 U.S.C. 98g(a)(1) Provided, Provided further, Provided further, Congressionally Directed Spending Items Provided further, Provided further, ADMINISTRATIVE PROVISIONS From within the amount appropriated for activities of the United States Geological Survey such sums as are necessary shall be available for contracting for the furnishing of topographic maps and for the making of geophysical or other specialized surveys when it is administratively determined that such procedures are in the public interest; construction and maintenance of necessary buildings and appurtenant facilities; acquisition of lands for gauging stations, observation wells, and seismic equipment; expenses of the United States National Committee for Geological Sciences; and payment of compensation and expenses of persons employed by the Survey duly appointed to represent the United States in the negotiation and administration of interstate compacts: Provided, Provided further, 41 U.S.C. 6101 chapter 171 Bureau of ocean energy management OCEAN ENERGY MANAGEMENT For expenses necessary for granting and administering leases, easements, rights-of-way, and agreements for use for oil and gas, other minerals, energy, and marine-related purposes on the Outer Continental Shelf and approving operations related thereto, as authorized by law; for environmental studies, as authorized by law; for implementing other laws and to the extent provided by Presidential or Secretarial delegation; and for matching grants or cooperative agreements, $219,960,000, of which $163,960,000 is to remain available until September 30, 2025, and of which $56,000,000 is to remain available until expended: Provided, Provided further, Provided further, Provided further, Bureau of safety and environmental enforcement OFFSHORE SAFETY AND ENVIRONMENTAL ENFORCEMENT For expenses necessary for the regulation of operations related to leases, easements, rights-of-way, and agreements for use for oil and gas, other minerals, energy, and marine-related purposes on the Outer Continental Shelf, as authorized by law; for enforcing and implementing laws and regulations as authorized by law and to the extent provided by Presidential or Secretarial delegation; and for matching grants or cooperative agreements, $175,886,000, of which $144,886,000, including not to exceed $3,000 for official reception and representation expenses, is to remain available until September 30, 2025, and of which $31,000,000 is to remain available until expended, including $3,000,000 for offshore decommissioning activities: Provided, Provided further, For an additional amount, $33,000,000, to remain available until expended, to be reduced by amounts collected by the Secretary and credited to this appropriation, which shall be derived from non-refundable inspection fees collected in fiscal year 2024, as provided in this Act: Provided, Provided further 43 U.S.C. 1331 et seq. OIL SPILL RESEARCH For necessary expenses to carry out title I, section 1016; title IV, sections 4202 and 4303; title VII; and title VIII, section 8201 of the Oil Pollution Act of 1990, $15,099,000, which shall be derived from the Oil Spill Liability Trust Fund, to remain available until expended. Office of surface mining reclamation and enforcement REGULATION AND TECHNOLOGY For necessary expenses to carry out the provisions of the Surface Mining Control and Reclamation Act of 1977, Public Law 95–87 Provided, In addition, for costs to review, administer, and enforce permits issued by the Office pursuant to section 507 of Public Law 95–87 30 U.S.C. 1257 Provided, Provided further, ABANDONED MINE RECLAMATION FUND For necessary expenses to carry out title IV of the Surface Mining Control and Reclamation Act of 1977, Public Law 95–87 Provided, Public Law 97–365 Provided further, Public Law 95–87 Provided further, Provided further, Provided further, In addition, $135,000,000, to remain available until expended, for grants to States and federally recognized Indian Tribes for reclamation of abandoned mine lands and other related activities in accordance with the terms and conditions described in the report accompanying this Act: Provided, 30 U.S.C. 1233(a) Provided further, Provided further, 30 U.S.C. 1233(a) Provided further, Indian affairs Bureau of indian affairs OPERATION OF INDIAN PROGRAMS (INCLUDING TRANSFERS OF FUNDS) For expenses necessary for the operation of Indian programs, as authorized by law, including the Snyder Act of November 2, 1921 ( 25 U.S.C. 13 25 U.S.C. 5301 et seq. Provided, Provided further, Provided further, Provided further, Congressionally Directed Spending Items Provided further, Provided further, Provided further, Provided further, 23 U.S.C. 202(b)(1) Provided further, 25 U.S.C. 5108 $12,000,000 $2,000,000 INDIAN LAND CONSOLIDATION For the acquisition of fractional interests to further land consolidation as authorized under the Indian Land Consolidation Act Amendments of 2000 ( Public Law 106–462 Public Law 108–374 Provided, Public Law 106–462 CONTRACT SUPPORT COSTS For payments to tribes and tribal organizations for contract support costs associated with Indian Self-Determination and Education Assistance Act agreements with the Bureau of Indian Affairs and the Bureau of Indian Education for fiscal year 2024, such sums as may be necessary, which shall be available for obligation through September 30, 2025: Provided, PAYMENTS FOR TRIBAL LEASES For payments to tribes and tribal organizations for leases pursuant to section 105(l) of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5324(l) Provided, CONSTRUCTION (INCLUDING TRANSFER OF FUNDS) For construction, repair, improvement, and maintenance of irrigation and power systems, buildings, utilities, and other facilities, including architectural and engineering services by contract; acquisition of lands, and interests in lands; and preparation of lands for farming, and for construction of the Navajo Indian Irrigation Project pursuant to Public Law 87–483 Provided, Provided further, 25 U.S.C. 13 Provided further, Provided further, Public Law 114–322 Provided further, INDIAN LAND AND WATER CLAIM SETTLEMENTS AND MISCELLANEOUS PAYMENTS TO INDIANS For payments and necessary administrative expenses for implementation of Indian land and water claim settlements pursuant to Public Laws 99–264, and 101–618, and for implementation of other land and water rights settlements, $976,000, to remain available until expended. INDIAN GUARANTEED LOAN PROGRAM ACCOUNT For the cost of guaranteed loans and insured loans, $14,884,000, to remain available until September 30, 2025, of which $2,680,000 is for administrative expenses, as authorized by the Indian Financing Act of 1974: Provided, Provided further, Bureau of indian education OPERATION OF INDIAN EDUCATION PROGRAMS For expenses necessary for the operation of Indian education programs, as authorized by law, including the Snyder Act of November 2, 1921 ( 25 U.S.C. 13 25 U.S.C. 5301 et seq. 25 U.S.C. 2001–2019 25 U.S.C. 2501 et seq. Provided, Provided further, Provided further, 25 U.S.C. 5301 et seq. 25 U.S.C. 2008 Provided further, EDUCATION CONSTRUCTION For construction, repair, improvement, and maintenance of buildings, utilities, and other facilities necessary for the operation of Indian education programs, including architectural and engineering services by contract; acquisition of lands, and interests in lands; $270,326,000, to remain available until expended: Provided, Public Law 100–297 25 U.S.C. 2501 et seq. ADMINISTRATIVE PROVISIONS The Bureau of Indian Affairs and the Bureau of Indian Education may carry out the operation of Indian programs by direct expenditure, contracts, cooperative agreements, compacts, and grants, either directly or in cooperation with States and other organizations. Notwithstanding Public Law 87–279 25 U.S.C. 15 Notwithstanding any other provision of law, no funds available to the Bureau of Indian Affairs or the Bureau of Indian Education for central office oversight and Executive Direction and Administrative Services (except Executive Direction and Administrative Services funding for Tribal Priority Allocations, regional offices, and facilities operations and maintenance) shall be available for contracts, grants, compacts, or cooperative agreements with the Bureau of Indian Affairs or the Bureau of Indian Education under the provisions of the Indian Self-Determination Act or the Tribal Self-Governance Act of 1994 ( Public Law 103–413 In the event any tribe returns appropriations made available by this Act to the Bureau of Indian Affairs or the Bureau of Indian Education, this action shall not diminish the Federal Government’s trust responsibility to that tribe, or the government-to-government relationship between the United States and that tribe, or that tribe’s ability to access future appropriations. Notwithstanding any other provision of law, no funds available to the Bureau of Indian Education, other than the amounts provided herein for assistance to public schools under 25 U.S.C. 452 et seq. No funds available to the Bureau of Indian Education shall be used to support expanded grades for any school or dormitory beyond the grade structure in place or approved by the Secretary of the Interior at each school in the Bureau of Indian Education school system as of October 1, 1995, except that the Secretary of the Interior may waive this prohibition to support expansion of up to one additional grade when the Secretary determines such waiver is needed to support accomplishment of the mission of the Bureau of Indian Education, or more than one grade to expand the elementary grade structure for Bureau-funded schools with a K–2 grade structure on October 1, 1996. Appropriations made available in this or any prior Act for schools funded by the Bureau shall be available, in accordance with the Bureau’s funding formula, only to the schools in the Bureau school system as of September 1, 1996, and to any school or school program that was reinstated in fiscal year 2012. Funds made available under this Act may not be used to establish a charter school at a Bureau-funded school (as that term is defined in section 1141 of the Education Amendments of 1978 ( 25 U.S.C. 2021 chapter 171 Notwithstanding any other provision of law, including section 113 of title I of appendix C of Public Law 106–113 Public Law 101–301 Funds available under this Act may not be used to establish satellite locations of schools in the Bureau school system as of September 1, 1996, except that the Secretary may waive this prohibition in order for an Indian tribe to provide language and cultural immersion educational programs for non-public schools located within the jurisdictional area of the tribal government which exclusively serve tribal members, do not include grades beyond those currently served at the existing Bureau-funded school, provide an educational environment with educator presence and academic facilities comparable to the Bureau-funded school, comply with all applicable Tribal, Federal, or State health and safety standards, and the Americans with Disabilities Act, and demonstrate the benefits of establishing operations at a satellite location in lieu of incurring extraordinary costs, such as for transportation or other impacts to students such as those caused by busing students extended distances: Provided, Provided further, satellite school Funds made available for Tribal Priority Allocations within Operation of Indian Programs and Operation of Indian Education Programs may be used to execute requested adjustments in tribal priority allocations initiated by an Indian Tribe. Office of the special trustee for American indians FEDERAL TRUST PROGRAMS (INCLUDING TRANSFER OF FUNDS) For the operation of trust programs for Indians by direct expenditure, contracts, cooperative agreements, compacts, and grants, $104,176,000, to remain available until expended, of which not to exceed $17,867,000 from this or any other Act, may be available for historical accounting: Provided, Operation of Indian Programs Operation of Indian Education Programs Salaries and Expenses Departmental Operations Provided further, 25 U.S.C. 5301 et seq. Provided further, Provided further, Provided further, Provided further, Provided further, Provided further, Public Law 103–412 Provided further, Departmental offices Office of the Secretary DEPARTMENTAL OPERATIONS (INCLUDING TRANSFER OF FUNDS) For necessary expenses for management of the Department of the Interior and for grants and cooperative agreements, as authorized by law, $142,278,000, to remain available until September 30, 2025; of which not to exceed $15,000 may be for official reception and representation expenses; of which up to $1,000,000 shall be available for workers compensation payments and unemployment compensation payments associated with the orderly closure of the United States Bureau of Mines; and of which $14,295,000 for Indian land, mineral, and resource valuation activities shall remain available until expended: Provided, Operation of Indian Programs Operation of Indian Education Programs Federal Trust Programs Provided further, 25 U.S.C. 5301 et seq. ADMINISTRATIVE PROVISIONS For fiscal year 2024, up to $400,000 of the payments authorized by chapter 69 Provided, chapter 69 Provided further, Provided further, Provided further, Insular affairs ASSISTANCE TO TERRITORIES For expenses necessary for assistance to territories under the jurisdiction of the Department of the Interior and other jurisdictions identified in section 104(e) of Public Law 108–188 48 U.S.C. 1661(c) Public Law 94–241 Provided, chapter 35 Provided further, Public Law 104–134 Provided further, Provided further, 42 U.S.C. 5170c COMPACT OF FREE ASSOCIATION For grants and necessary expenses, $3,463,000, to remain available until expended, as provided for in sections 221(a)(2) and 233 of the Compact of Free Association for the Republic of Palau; and section 221(a)(2) of the Compacts of Free Association for the Government of the Republic of the Marshall Islands and the Federated States of Micronesia, as authorized by Public Law 99–658 Public Law 108–188 Administrative provisions (INCLUDING TRANSFER OF FUNDS) At the request of the Governor of Guam, the Secretary may transfer discretionary funds or mandatory funds provided under section 104(e) of Public Law 108–188 Public Law 104–134 Provided, Provided further, Provided further, Office of the solicitor SALARIES AND EXPENSES For necessary expenses of the Office of the Solicitor, $97,950,000, to remain available until September 30, 2025. Office of inspector general SALARIES AND EXPENSES For necessary expenses of the Office of Inspector General, $67,000,000, to remain available until September 30, 2025. Department-Wide programs WILDLAND FIRE MANAGEMENT (INCLUDING TRANSFERS OF FUNDS) For necessary expenses for fire preparedness, fire suppression operations, fire science and research, emergency rehabilitation, fuels management activities, and rural fire assistance by the Department of the Interior, $1,116,286,000, to remain available until expended, of which not to exceed $12,500,000 shall be for the renovation or construction of fire facilities: Provided, Provided further, Provided further, Provided further, Provided further, 42 U.S.C. 1856d 42 U.S.C. 1856 et seq. Provided further, Provided further, Provided further, Public Law 109–154 Provided further, Provided further, 16 U.S.C. 1531 et seq. Provided further, Provided further, Provided further, Provided further, Provided further, Provided further, WILDFIRE SUPPRESSION OPERATIONS RESERVE FUND (INCLUDING TRANSFERS OF FUNDS) In addition to the amounts provided under the heading Department of the Interior—Department-Wide Programs—Wildland Fire Management Provided, Department of Agriculture—Forest Service—Wildland Fire Management Department of the Interior—Department-Wide Programs—Wildland Fire Management Provided further, Wildland Fire Management Provided further, Provided further, Wildland Fire Management CENTRAL HAZARDOUS MATERIALS FUND For necessary expenses of the Department of the Interior and any of its component offices and bureaus for the response action, including associated activities, performed pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act ( 42 U.S.C. 9601 et seq. ENERGY COMMUNITY REVITALIZATION PROGRAM (INCLUDING TRANSFERS OF FUNDS) For necessary expenses of the Department of the Interior to inventory, assess, decommission, reclaim, respond to hazardous substance releases, remediate lands pursuant to section 40704 of Public Law 117–58 30 U.S.C. 1245 42 U.S.C. 15907 Provided, Provided further, Provided further, Provided further, 42 U.S.C. 9601 et seq. NATURAL RESOURCE DAMAGE ASSESSMENT AND RESTORATION NATURAL RESOURCE DAMAGE ASSESSMENT FUND To conduct natural resource damage assessment, restoration activities, and onshore oil spill preparedness by the Department of the Interior necessary to carry out the provisions of the Comprehensive Environmental Response, Compensation, and Liability Act ( 42 U.S.C. 9601 et seq. 33 U.S.C. 1251 et seq. 33 U.S.C. 2701 et seq. 54 U.S.C. 100721 et seq. WORKING CAPITAL FUND For the operation and maintenance of a departmental financial and business management system, data management, information technology improvements of general benefit to the Department, cybersecurity, and the consolidation of facilities and operations throughout the Department, $112,198,000, to remain available until expended: Provided, Provided further, Public Law 93–638 Provided further, Provided further, Provided further, ADMINISTRATIVE PROVISION There is hereby authorized for acquisition from available resources within the Working Capital Fund, aircraft which may be obtained by donation, purchase, or through available excess surplus property: Provided, OFFICE OF NATURAL RESOURCES REVENUE For necessary expenses for management of the collection and disbursement of royalties, fees, and other mineral revenue proceeds, and for grants and cooperative agreements, as authorized by law, $174,934,000, to remain available until September 30, 2025; of which $69,751,000 shall remain available until expended for the purpose of mineral revenue management activities: Provided, General provisions, department of the interior (INCLUDING TRANSFERS OF FUNDS) EMERGENCY TRANSFER AUTHORITY—INTRA-BUREAU 101. Appropriations made in this title shall be available for expenditure or transfer (within each bureau or office), with the approval of the Secretary of the Interior, for the emergency reconstruction, replacement, or repair of aircraft, buildings, utilities, or other facilities or equipment damaged or destroyed by fire, flood, storm, or other unavoidable causes: Provided, Provided further, EMERGENCY TRANSFER AUTHORITY—DEPARTMENT-WIDE 102. The Secretary of the Interior may authorize the expenditure or transfer of any no year appropriation in this title, in addition to the amounts included in the budget programs of the several agencies, for the suppression or emergency prevention of wildland fires on or threatening lands under the jurisdiction of the Department of the Interior; for the emergency rehabilitation of burned-over lands under its jurisdiction; for emergency actions related to potential or actual earthquakes, floods, volcanoes, storms, or other unavoidable causes; for contingency planning subsequent to actual oil spills; for response and natural resource damage assessment activities related to actual oil spills or releases of hazardous substances into the environment; for the prevention, suppression, and control of actual or potential grasshopper and Mormon cricket outbreaks on lands under the jurisdiction of the Secretary, pursuant to the authority in section 417(b) of Public Law 106–224 7 U.S.C. 7717(b) Public Law 95–87 Provided, Provided further, wildland fire suppression Provided further, Provided further, AUTHORIZED USE OF FUNDS 103. Appropriations made to the Department of the Interior in this title shall be available for services as authorized by section 3109 of title 5, United States Code, when authorized by the Secretary of the Interior, in total amount not to exceed $500,000; purchase and replacement of motor vehicles, including specially equipped law enforcement vehicles; hire, maintenance, and operation of aircraft; hire of passenger motor vehicles; purchase of reprints; payment for telephone service in private residences in the field, when authorized under regulations approved by the Secretary; and the payment of dues, when authorized by the Secretary, for library membership in societies or associations which issue publications to members only or at a price to members lower than to subscribers who are not members. AUTHORIZED USE OF FUNDS, INDIAN TRUST MANAGEMENT 104. Appropriations made in this Act under the headings Bureau of Indian Affairs and Bureau of Indian Education, and Office of the Special Trustee for American Indians and any unobligated balances from prior appropriations Acts made under the same headings shall be available for expenditure or transfer for Indian trust management and reform activities. Total funding for historical accounting activities shall not exceed amounts specifically designated in this Act for such purpose. The Secretary shall notify the House and Senate Committees on Appropriations within 60 days of the expenditure or transfer of any funds under this section, including the amount expended or transferred and how the funds will be used. REDISTRIBUTION OF FUNDS, BUREAU OF INDIAN AFFAIRS 105. Notwithstanding any other provision of law, the Secretary of the Interior is authorized to redistribute any Tribal Priority Allocation funds, including tribal base funds, to alleviate tribal funding inequities by transferring funds to address identified, unmet needs, dual enrollment, overlapping service areas or inaccurate distribution methodologies. No tribe shall receive a reduction in Tribal Priority Allocation funds of more than 10 percent in fiscal year 2024. Under circumstances of dual enrollment, overlapping service areas or inaccurate distribution methodologies, the 10 percent limitation does not apply. ELLIS, GOVERNORS, AND LIBERTY ISLANDS 106. Notwithstanding any other provision of law, the Secretary of the Interior is authorized to acquire lands, waters, or interests therein, including the use of all or part of any pier, dock, or landing within the State of New York and the State of New Jersey, for the purpose of operating and maintaining facilities in the support of transportation and accommodation of visitors to Ellis, Governors, and Liberty Islands, and of other program and administrative activities, by donation or with appropriated funds, including franchise fees (and other monetary consideration), or by exchange; and the Secretary is authorized to negotiate and enter into leases, subleases, concession contracts, or other agreements for the use of such facilities on such terms and conditions as the Secretary may determine reasonable. OUTER CONTINENTAL SHELF INSPECTION FEES 107. (a) In fiscal year 2024, the Secretary of the Interior shall collect a nonrefundable inspection fee, which shall be deposited in the Offshore Safety and Environmental Enforcement 43 U.S.C. 1348(c) (b) Annual fees shall be collected for facilities that are above the waterline, excluding drilling rigs, and are in place at the start of the fiscal year. Fees for fiscal year 2024 shall be— (1) $10,500 for facilities with no wells, but with processing equipment or gathering lines; (2) $17,000 for facilities with 1 to 10 wells, with any combination of active or inactive wells; and (3) $31,500 for facilities with more than 10 wells, with any combination of active or inactive wells. (c) Fees for drilling rigs shall be assessed for all inspections completed in fiscal year 2024. Fees for fiscal year 2024 shall be— (1) $30,500 per inspection for rigs operating in water depths of 500 feet or more; and (2) $16,700 per inspection for rigs operating in water depths of less than 500 feet. (d) Fees for inspection of well operations conducted via non-rig units as outlined in title 30 CFR 250 subparts D, E, F, and Q shall be assessed for all inspections completed in fiscal year 2024. Fees for fiscal year 2024 shall be— (1) $13,260 per inspection for non-rig units operating in water depths of 2,500 feet or more; (2) $11,530 per inspection for non-rig units operating in water depths between 500 and 2,499 feet; and (3) $4,470 per inspection for non-rig units operating in water depths of less than 500 feet. (e) The Secretary shall bill designated operators under subsection (b) quarterly, with payment required within 30 days of billing. The Secretary shall bill designated operators under subsection (c) within 30 days of the end of the month in which the inspection occurred, with payment required within 30 days of billing. The Secretary shall bill designated operators under subsection (d) with payment required by the end of the following quarter. CONTRACTS AND AGREEMENTS FOR WILD HORSE AND BURRO HOLDING FACILITIES 108. Notwithstanding any other provision of this Act, the Secretary of the Interior may enter into multiyear cooperative agreements with nonprofit organizations and other appropriate entities, and may enter into multiyear contracts in accordance with the provisions of section 3903 of title 41, United States Code (except that the 5-year term restriction in subsection (a) shall not apply), for the long-term care and maintenance of excess wild free roaming horses and burros by such organizations or entities on private land. Such cooperative agreements and contracts may not exceed 10 years, subject to renewal at the discretion of the Secretary. MASS MARKING OF SALMONIDS 109. The United States Fish and Wildlife Service shall, in carrying out its responsibilities to protect threatened and endangered species of salmon, implement a system of mass marking of salmonid stocks, intended for harvest, that are released from federally operated or federally financed hatcheries including but not limited to fish releases of coho, chinook, and steelhead species. Marked fish must have a visible mark that can be readily identified by commercial and recreational fishers. CONTRACTS AND AGREEMENTS WITH INDIAN AFFAIRS 110. Notwithstanding any other provision of law, during fiscal year 2024, in carrying out work involving cooperation with State, local, and tribal governments or any political subdivision thereof, Indian Affairs may record obligations against accounts receivable from any such entities, except that total obligations at the end of the fiscal year shall not exceed total budgetary resources available at the end of the fiscal year. DEPARTMENT OF THE INTERIOR EXPERIENCED SERVICES PROGRAM 111. (a) Notwithstanding any other provision of law relating to Federal grants and cooperative agreements, the Secretary of the Interior is authorized to make grants to, or enter into cooperative agreements with, private nonprofit organizations designated by the Secretary of Labor under title V of the Older Americans Act of 1965 to utilize the talents of older Americans in programs authorized by other provisions of law administered by the Secretary and consistent with such provisions of law. (b) Prior to awarding any grant or agreement under subsection (a), the Secretary shall ensure that the agreement would not— (1) result in the displacement of individuals currently employed by the Department, including partial displacement through reduction of non-overtime hours, wages, or employment benefits; (2) result in the use of an individual under the Department of the Interior Experienced Services Program for a job or function in a case in which a Federal employee is in a layoff status from the same or substantially equivalent job within the Department; or (3) affect existing contracts for services. OBLIGATION OF FUNDS 112. Amounts appropriated by this Act to the Department of the Interior shall be available for obligation and expenditure not later than 60 days after the date of enactment of this Act. SEPARATION OF ACCOUNTS 113. The Secretary of the Interior, in order to implement an orderly transition to separate accounts of the Bureau of Indian Affairs and the Bureau of Indian Education, may transfer funds among and between the successor offices and bureaus affected by the reorganization only in conformance with the reprogramming guidelines described in this Act. PAYMENTS IN LIEU OF TAXES (PILT) 114. Section 6906 of title 31, United States Code, shall be applied by substituting fiscal year 2024 fiscal year 2019 DISCLOSURE OF DEPARTURE OR ALTERNATE PROCEDURE APPROVAL 115. (a) Subject to subsection (b), in any case in which the Bureau of Safety and Environmental Enforcement or the Bureau of Ocean Energy Management prescribes or approves any departure or use of alternate procedure or equipment, in regards to a plan or permit, under 30 CFR 585.103; 30 CFR 550.141; 30 CFR 550.142; 30 CFR 250.141; or 30 CFR 250.142, the head of such bureau shall post a description of such departure or alternate procedure or equipment use approval on such bureau’s publicly available website not more than 15 business days after such issuance. (b) The head of each bureau may exclude confidential business information. LONG BRIDGE PROJECT 116. (a) Authorization of conveyance On request by the State of Virginia or the District of Columbia for the purpose of the construction of rail and other infrastructure relating to the Long Bridge Project, the Secretary of the Interior may convey to the State or the District of Columbia, as applicable, all right, title, and interest of the United States in and to any portion of the approximately 4.4 acres of National Park Service land depicted as Permanent Impact to NPS Land (b) Terms and conditions Such conveyance of the National Park Service land under subsection (a) shall be subject to any terms and conditions that the Secretary may require. If such conveyed land is no longer being used for the purposes specified in this section, the lands or interests therein shall revert to the National Park Service after they have been restored or remediated to the satisfaction of the Secretary. (c) Corrections The Secretary and the State or the District of Columbia, as applicable, by mutual agreement, may— (1) make minor boundary adjustments to the National Park Service land to be conveyed to the State or the District of Columbia under subsection (a); and (2) correct any minor errors in the Map referred to in subsection (a). (d) Definitions For purposes of this section: (1) Long bridge project The term Long Bridge Project (2) Secretary The term Secretary (3) State The term State INTERAGENCY MOTOR POOL 117. Notwithstanding any other provision of law or Federal regulation, federally recognized Indian tribes or authorized tribal organizations that receive Tribally-Controlled School Grants pursuant to Public Law 100–297 APPRAISER PAY AUTHORITY 118. For fiscal year 2024, funds made available in this or any other Act or otherwise made available to the Department of the Interior for the Appraisal and Valuation Services Office may be used by the Secretary of the Interior to establish higher minimum rates of basic pay for employees of the Department of the Interior in the Appraiser (GS–1171) job series at grades 11 through 15 carrying out appraisals of real property and appraisal reviews conducted in support of the Department’s realty programs at rates no greater than 15 percent above the minimum rates of basic pay normally scheduled, and such higher rates shall be consistent with subsections (e) through (h) of section 5305 of title 5, United States Code. SAGE-GROUSE 119. None of the funds made available by this or any other Act may be used by the Secretary of the Interior to write or issue pursuant to section 4 of the Endangered Species Act of 1973 ( 16 U.S.C. 1533 (1) a proposed rule for greater sage-grouse (Centrocercus urophasianus); (2) a proposed rule for the Columbia basin distinct population segment of greater sage-grouse. State conservation grants 120. For expenses necessary to carry out section 200305 of title 54, United States Code, the National Park Service may retain up to 7 percent of the State Conservation Grants program to provide to States, the District of Columbia, and insular areas, as matching grants to support state program administrative costs. RETENTION OF CONCESSION FRANCHISE FEES 121. Section 101917(c) of title 54, United States Code, is amended by adding at the end the following new paragraph: (3) Reduction The Secretary may reduce the percentage allocation otherwise applicable under paragraph (2) to a unit or area of the National Park Service for a fiscal year if the Secretary determines that the revenues collected at the unit or area exceed the reasonable needs of the unit or area for which expenditures may be made for that fiscal year. In no event may a percentage allocation be reduced below 60 percent. . HISTORIC PRESERVATION FUND DEPOSITS 122. Section 303102 of title 54, United States Code, shall be applied by substituting fiscal year 2024 fiscal year 2023 DECOMMISSIONING ACCOUNT 123. The matter under the amended heading Royalty and Offshore Minerals Management Public Law 101–512 43 U.S.C. 1338a Provided further, Provided further, Provided further, Provided further, NONRECURRING EXPENSES FUND 124. There is hereby established in the Treasury of the United States a fund to be known as the Department of the Interior Nonrecurring Expenses Fund Provided, Provided further, Provided further, EBEY'S LANDING NATIONAL HISTORIC RESERVE 125. Section 508(f) of Public Law 95–625 not to exceed $5,000,000 such sums as may be necessary SERVICE FIRST AUTHORITY 126. Section 330 of the Department of the Interior and Related Agencies Appropriations Act, 2001 ( Public Law 106–291 43 U.S.C. 1703 responsibilities and enter into inter or intra-agency agreements II ENVIRONMENTAL PROTECTION AGENCY Science and technology For science and technology, including research and development activities, which shall include research and development activities under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980; necessary expenses for personnel and related costs, for executive oversight of regional laboratories, and travel expenses; procurement of laboratory equipment and supplies; hire, maintenance, and operation of aircraft; and other operating expenses in support of research and development, $795,055,000, to remain available until September 30, 2025: Provided, Congressionally Directed Spending Items Environmental programs and management For environmental programs and management, including necessary expenses not otherwise provided for, for personnel and related costs and travel expenses; hire of passenger motor vehicles; hire, maintenance, and operation of aircraft; purchase of reprints; library memberships in societies or associations which issue publications to members only or at a price to members lower than to subscribers who are not members; administrative costs of the brownfields program under the Small Business Liability Relief and Brownfields Revitalization Act of 2002; implementation of a coal combustion residual permit program under section 2301 of the Water and Waste Act of 2016; and not to exceed $9,000 for official reception and representation expenses, $3,321,727,000, to remain available until September 30, 2025: Provided, Provided further, (1) $32,700,000 shall be for Environmental Protection: National Priorities as specified in the report accompanying this Act; (2) $694,102,000, to remain available until September 30, 2027, shall be for Geographic Programs as specified in the report accompanying this Act; and (3) $30,000,000, to remain available until expended, shall be for grants, including grants that may be awarded on a non-competitive basis, interagency agreements, and associated program support costs to establish and implement a program to assist Alaska Native Regional Corporations, Alaskan Native Village Corporations, federally-recognized tribes in Alaska, Alaska Native Non-Profit Organizations and Alaska Native Nonprofit Associations, and intertribal consortia comprised of Alaskan tribal entities to address contamination on lands conveyed under or pursuant to the Alaska Native Claims Settlement Act ( 43 U.S.C. 1601 et seq. Provided, Provided further, 43 U.S.C. 1601 et seq. In addition, $9,000,000, to remain available until expended, for necessary expenses of activities described in section 26(b)(1) of the Toxic Substances Control Act ( 15 U.S.C. 2625(b)(1) Provided, TSCA Service Fee Fund Provided further, Provided further, TSCA Service Fee Fund Provided further, Office of inspector general For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, $44,030,000, to remain available until September 30, 2025: Provided, Buildings and facilities For construction, repair, improvement, extension, alteration, and purchase of fixed equipment or facilities of, or for use by, the Environmental Protection Agency, $48,752,000, to remain available until expended. Hazardous substance superfund (INCLUDING TRANSFERS OF FUNDS) For necessary expenses to carry out the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), including sections 111(c)(3), (c)(5), (c)(6), and (e)(4) ( 42 U.S.C. 9611 Provided, Provided further, Office of Inspector General Science and Technology Leaking underground storage tank trust fund program For necessary expenses to carry out leaking underground storage tank cleanup activities authorized by subtitle I of the Solid Waste Disposal Act, $93,145,000, to remain available until expended, of which $67,365,000 shall be for carrying out leaking underground storage tank cleanup activities authorized by section 9003(h) of the Solid Waste Disposal Act; $25,780,000 shall be for carrying out the other provisions of the Solid Waste Disposal Act specified in section 9508(c) of the Internal Revenue Code: Provided, Inland oil spill programs For expenses necessary to carry out the Environmental Protection Agency’s responsibilities under the Oil Pollution Act of 1990, including hire, maintenance, and operation of aircraft, $22,031,000, to be derived from the Oil Spill Liability trust fund, to remain available until expended. State and tribal assistance grants (INCLUDING RESCISSION OF FUNDS) For environmental programs and infrastructure assistance, including capitalization grants for State revolving funds and performance partnership grants, $4,521,262,000, to remain available until expended, of which— (1) $1,638,861,000 shall be for making capitalization grants for the Clean Water State Revolving Funds under title VI of the Federal Water Pollution Control Act; and of which $1,126,101,000 shall be for making capitalization grants for the Drinking Water State Revolving Funds under section 1452 of the Safe Drinking Water Act: Provided, Provided further Provided further STAG—Drinking Water SRF STAG—Clean Water SRF Congressionally Directed Spending Items Provided further, Provided further, Provided further, 33 U.S.C. 1381 Provided further, Provided further, Provided further, Provided further, Provided further, Public Law 92–203 Provided further, Provided further, Provided further, Provided further, Provided further, Provided further, 42 U.S.C. 300j–12(o) Provided further, State and Tribal Assistance Grants special project grants special needs infrastructure grants, Provided further, (2) $37,386,000 shall be for architectural, engineering, planning, design, construction and related activities in connection with the construction of high priority water and wastewater facilities in the area of the United States-Mexico Border, after consultation with the appropriate border commission: Provided, (3) $41,000,000 shall be for grants to the State of Alaska to address drinking water and wastewater infrastructure needs of rural and Alaska Native Villages: Provided, 33 U.S.C. 1301 7 U.S.C. 1921 et seq. (4) $101,000,000 shall be to carry out section 104(k) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), including grants, interagency agreements, and associated program support costs: Provided, Provided further, persistent poverty counties (5) $100,000,000 shall be for grants under title VII, subtitle G of the Energy Policy Act of 2005; (6) $69,927,000 shall be for targeted airshed grants in accordance with the terms and conditions in the report accompanying this Act; (7) $30,158,000 shall be for grants under subsections (a) through (j) of section 1459A of the Safe Drinking Water Act ( 42 U.S.C. 300j–19a Provided, (8) $30,500,000 shall be for grants under section 1464(d) of the Safe Drinking Water Act ( 42 U.S.C. 300j–24(d) (9) $25,011,000 shall be for grants under section 1459B of the Safe Drinking Water Act ( 42 U.S.C. 300j–19b (10) $7,000,000 shall be for grants under section 1459A(l) of the Safe Drinking Water Act (42 U.S.C. 300j–19a(l)); (11) $28,000,000 shall be for grants under section 104(b)(8) of the Federal Water Pollution Control Act ( 33 U.S.C. 1254(b)(8) (12) $50,000,000 shall be for grants under section 221 of the Federal Water Pollution Control Act ( 33 U.S.C. 1301 (13) $6,000,000 shall be for grants under section 4304(b) of the America’s Water Infrastructure Act of 2018 ( Public Law 115–270 (14) $6,500,000 shall be for carrying out section 302(a) of the Save Our Seas 2.0 Act ( 33 U.S.C. 4283(a) Provided, Public Law 92–203 (15) $9,000,000 shall be for grants under section 103(b)(3) of the Clean Air Act for wildfire smoke preparedness grants in accordance with the terms and conditions in the report accompanying this Act: Provided, (16) $38,693,000 shall be for State and Tribal Assistance Grants to be allocated in the amounts specified for those projects and for the purposes delineated in the table titled Congressionally Directed Spending Items (17) $5,000,000 shall be for grants under section 1459F of the Safe Drinking Water Act ( 42 U.S.C. 300j–19g (18) $5,000,000 shall be for carrying out section 2001 of the America’s Water Infrastructure Act of 2018 ( Public Law 115–270 Provided, (19) $3,000,000 shall be for grants under section 50217(b) of the Infrastructure Investment and Jobs Act ( 33 U.S.C. 1302f(b) Public Law 117–58 (20) $4,000,000 shall be for grants under section 124 of the Federal Water Pollution Control Act ( 33 U.S.C. 1276 (21) $1,160,625,000 shall be for grants, including associated program support costs, to States, federally recognized Tribes, interstate agencies, tribal consortia, and air pollution control agencies for multi-media or single media pollution prevention, control and abatement, and related activities, including activities pursuant to the provisions set forth under this heading in Public Law 104–134 Leaking Underground Storage Tank Trust Fund Program Water infrastructure finance and innovation program account For the cost of direct loans and for the cost of guaranteed loans, as authorized by the Water Infrastructure Finance and Innovation Act of 2014, $68,000,000, to remain available until expended: Provided, Provided further, Provided further, Provided further, Water Infrastructure Finance and Innovation Program Account Public Law 116–94 Provided further, Provided further, In addition, fees authorized to be collected pursuant to sections 5029 and 5030 of the Water Infrastructure Finance and Innovation Act of 2014 shall be deposited in this account, to remain available until expended. In addition, for administrative expenses to carry out the direct and guaranteed loan programs, notwithstanding section 5033 of the Water Infrastructure Finance and Innovation Act of 2014, $7,640,000, to remain available until September 30, 2025. Administrative provisions—Environmental protection agency (INCLUDING TRANSFERS OF FUNDS) For fiscal year 2024, notwithstanding 31 U.S.C. 6303(1) The Administrator of the Environmental Protection Agency is authorized to collect and obligate pesticide registration service fees in accordance with section 33 of the Federal Insecticide, Fungicide, and Rodenticide Act ( 7 U.S.C. 136w–8 Notwithstanding section 33(d)(2) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) ( 7 U.S.C. 136w–8(d)(2) 7 U.S.C. 136w–8 The Administrator of the Environmental Protection Agency is authorized to collect and obligate fees in accordance with section 3024 of the Solid Waste Disposal Act ( 42 U.S.C. 6939g The Administrator is authorized to transfer up to $373,000,000 of the funds appropriated for the Great Lakes Restoration Initiative under the heading Environmental Programs and Management The Science and Technology, Environmental Programs and Management, Office of Inspector General, Hazardous Substance Superfund, and Leaking Underground Storage Tank Trust Fund Program Accounts, are available for the construction, alteration, repair, rehabilitation, and renovation of facilities, provided that the cost does not exceed $300,000 per project. For fiscal year 2024, and notwithstanding section 518(f) of the Federal Water Pollution Control Act ( 33 U.S.C. 1377(f) The Administrator is authorized to use the amounts appropriated under the heading Environmental Programs and Management Notwithstanding the limitations on amounts in section 320(i)(2)(B) of the Federal Water Pollution Control Act, not less than $2,500,000 of the funds made available under this title for the National Estuary Program shall be for making competitive awards described in section 320(g)(4). The Environmental Protection Agency Working Capital Fund, established by Public Law 104–204 42 U.S.C. 4370e For fiscal year 2024, the Office of Chemical Safety and Pollution Prevention and the Office of Water may, using funds appropriated under the headings Environmental Programs and Management Science and Technology 41 U.S.C. 5 chapter 171 Provided, The Environmental Protection agency shall provide the Committees on Appropriations of the House of Representatives and Senate with copies of any available Department of Treasury quarterly certification of trust fund receipts collected from section 13601 of Public Law 117–169 Public Law 117–58 III RELATED AGENCIES DEPARTMENT OF AGRICULTURE OFFICE OF THE UNDER SECRETARY FOR NATURAL RESOURCES AND ENVIRONMENT For necessary expenses of the Office of the Under Secretary for Natural Resources and Environment, $1,000,000: Provided, Forest service FOREST SERVICE OPERATIONS (INCLUDING TRANSFERS OF FUNDS) For necessary expenses of the Forest Service, not otherwise provided for, $1,152,744,000, to remain available through September 30, 2027: Provided, Provided further, Provided further, FOREST AND RANGELAND RESEARCH For necessary expenses of forest and rangeland research as authorized by law, $307,273,000, to remain available through September 30, 2027: Provided, Provided further, Provided further, STATE, PRIVATE, AND TRIBAL FORESTRY For necessary expenses of cooperating with and providing technical and financial assistance to States, territories, possessions, and others, and for forest health management, including for invasive plants, and conducting an international program and trade compliance activities as authorized, $327,397,000, to remain available through September 30, 2027, as authorized by law, of which $19,806,000 shall be for projects specified for Forest Resource Information and Analysis in the table titled Congressionally Directed Spending Items NATIONAL FOREST SYSTEM For necessary expenses of the Forest Service, not otherwise provided for, for management, protection, improvement, and utilization of the National Forest System, and for hazardous fuels management on or adjacent to such lands, $1,978,388,000, to remain available through September 30, 2027: Provided, 16 U.S.C. 7303(f) Provided further, 16 U.S.C. 7303(d)(3)(A) 20 10 16 U.S.C. 7303(d)(3)(B) 4 2 Provided further, Provided further, State, Private, and Tribal Forestry Provided further, Provided further, Public Law 106–393 State, Private, and Tribal Forestry Provided further, 7 U.S.C. 1012 Provided further, Capital Improvement and Maintenance Range Betterment Fund Management of National Forest Lands for Subsistence Uses CAPITAL IMPROVEMENT AND MAINTENANCE (INCLUDING TRANSFER OF FUNDS) For necessary expenses of the Forest Service, not otherwise provided for, $161,630,000, to remain available through September 30, 2027, for construction, capital improvement, maintenance, and acquisition of buildings and other facilities and infrastructure; for construction, reconstruction, and decommissioning of roads that are no longer needed, including unauthorized roads that are not part of the transportation system; and for maintenance of forest roads and trails by the Forest Service as authorized by 16 U.S.C. 532–538 and 23 U.S.C. 101 and 205: Provided, 16 U.S.C. 538(a) Provided further, Congressionally Directed Spending Items Provided further, 16 U.S.C. 501 ACQUISITION OF LANDS FOR NATIONAL FORESTS SPECIAL ACTS For acquisition of lands within the exterior boundaries of the Cache, Uinta, and Wasatch National Forests, Utah; the Toiyabe National Forest, Nevada; and the Angeles, San Bernardino, Sequoia, and Cleveland National Forests, California; and the Ozark-St. Francis and Ouachita National Forests, Arkansas; as authorized by law, $664,000, to be derived from forest receipts. ACQUISITION OF LANDS TO COMPLETE LAND EXCHANGES For acquisition of lands, such sums, to be derived from funds deposited by State, county, or municipal governments, public school districts, or other public school authorities, and for authorized expenditures from funds deposited by non-Federal parties pursuant to Land Sale and Exchange Acts, pursuant to the Act of December 4, 1967 ( 16 U.S.C. 484a Public Law 96–586 Public Law 76–589 Public Law 76–591 Public Law 78–310 RANGE BETTERMENT FUND For necessary expenses of range rehabilitation, protection, and improvement, 50 percent of all moneys received during the prior fiscal year, as fees for grazing domestic livestock on lands in National Forests in the 16 Western States, pursuant to section 401(b)(1) of Public Law 94–579 GIFTS, DONATIONS AND BEQUESTS FOR FOREST AND RANGELAND RESEARCH For expenses authorized by 16 U.S.C. 1643(b) MANAGEMENT OF NATIONAL FOREST LANDS FOR SUBSISTENCE USES For necessary expenses of the Forest Service to manage Federal lands in Alaska for subsistence uses under title VIII of the Alaska National Interest Lands Conservation Act ( 16 U.S.C. 3111 et seq. WILDLAND FIRE MANAGEMENT (INCLUDING TRANSFERS OF FUNDS) For necessary expenses for forest fire presuppression activities on National Forest System lands, for emergency wildland fire suppression on or adjacent to such lands or other lands under fire protection agreement, and for emergency rehabilitation of burned-over National Forest System lands and water, $2,123,956,000, to remain available until expended: Provided, Provided further, National Forest System Provided further, Provided further, Provided further, Provided further, Provided further, WILDFIRE SUPPRESSION OPERATIONS RESERVE FUND (INCLUDING TRANSFERS OF FUNDS) In addition to the amounts provided under the heading Department of Agriculture—Forest Service—Wildland Fire Management Provided, Department of the Interior—Department-Wide Programs—Wildland Fire Management Department of Agriculture—Forest Service—Wildland Fire Management Provided further, Wildland Fire Management Provided further, Provided further, Wildland Fire Management COMMUNICATIONS SITE ADMINISTRATION (INCLUDING TRANSFER OF FUNDS) For necessary expenses of communications site administration, $2,000,000, to remain available until expended, to be deposited in the special account established by section 8705(f)(1) of the Agriculture Improvement Act of 2018 ( Public Law 115–334 Provided, Provided further, National Forest System ADMINISTRATIVE PROVISIONS—FOREST SERVICE (INCLUDING TRANSFERS OF FUNDS) Appropriations to the Forest Service for the current fiscal year shall be available for: (1) purchase of passenger motor vehicles; acquisition of passenger motor vehicles from excess sources, and hire of such vehicles; purchase, lease, operation, maintenance, and acquisition of aircraft to maintain the operable fleet for use in Forest Service wildland fire programs and other Forest Service programs; notwithstanding other provisions of law, existing aircraft being replaced may be sold, with proceeds derived or trade-in value used to offset the purchase price for the replacement aircraft; (2) services pursuant to 7 U.S.C. 2225 5 U.S.C. 3109 7 U.S.C. 2250 7 U.S.C. 428a 16 U.S.C. 558a 5 U.S.C. 5901–5902 31 U.S.C. 3718(c) Funds made available to the Forest Service in this Act may be transferred between Forest Service accounts for the purposes of unforeseen or emerging information technology costs: Provided, Provided further, Provided further, Any appropriations or funds available to the Forest Service may be transferred to the Wildland Fire Management appropriation for forest firefighting, emergency rehabilitation of burned-over or damaged lands or waters under its jurisdiction, and fire preparedness due to severe burning conditions upon the Secretary of Agriculture’s notification of the House and Senate Committees on Appropriations that all fire suppression funds appropriated under the heading Wildland Fire Management Provided, Not more than $50,000,000 of funds appropriated to the Forest Service shall be available for expenditure or transfer to the Department of the Interior for wildland fire management, hazardous fuels management, and State fire assistance when such transfers would facilitate and expedite wildland fire management programs and projects. Notwithstanding any other provision of this Act, the Forest Service may transfer unobligated balances of discretionary funds appropriated to the Forest Service by this Act to or within the National Forest System Account, or reprogram funds to be used for the purposes of hazardous fuels management and urgent rehabilitation of burned-over National Forest System lands and water: Provided, Provided further, Funds appropriated to the Forest Service shall be available for assistance to or through the Agency for International Development in connection with forest and rangeland research, technical information, and assistance in foreign countries, and shall be available to support forestry and related natural resource activities outside the United States and its territories and possessions, including technical assistance, education and training, and cooperation with United States government, private sector, and international organizations: Provided, Provided further, Funds appropriated to the Forest Service shall be available to enter into a cooperative agreement with the section 509(a)(3) Supporting Organization, Forest Service International Foundation Funds appropriated to the Forest Service shall be available for expenditure or transfer to the Department of the Interior, Bureau of Land Management, for removal, preparation, and adoption of excess wild horses and burros from National Forest System lands, and for the performance of cadastral surveys to designate the boundaries of such lands. None of the funds made available to the Forest Service in this Act or any other Act with respect to any fiscal year shall be subject to transfer under the provisions of section 702(b) of the Department of Agriculture Organic Act of 1944 ( 7 U.S.C. 2257 Public Law 106–224 7 U.S.C. 7772 Public Law 107–171 7 U.S.C. 8316(b) Not more than $82,000,000 of funds available to the Forest Service shall be transferred to the Working Capital Fund of the Department of Agriculture and not more than $14,500,000 of funds available to the Forest Service shall be transferred to the Department of Agriculture for Department Reimbursable Programs, commonly referred to as Greenbook charges: Provided, Of the funds available to the Forest Service, up to $5,000,000 shall be available for priority projects within the scope of the approved budget, which shall be carried out by the Youth Conservation Corps and shall be carried out under the authority of the Public Lands Corps Act of 1993 ( 16 U.S.C. 1721 et seq. Of the funds available to the Forest Service, $4,000 is available to the Chief of the Forest Service for official reception and representation expenses. Pursuant to sections 405(b) and 410(b) of Public Law 101–593 Provided, Provided further, Provided further, Pursuant to section 2(b)(2) of Public Law 98–244 Provided, Provided further, Funds appropriated to the Forest Service under the National Forest System heading shall be available for the Secretary of Agriculture to enter into cooperative agreements with other Federal agencies, tribes, States, local governments, private and nonprofit entities, and educational institutions to support the work of forest or grassland collaboratives on activities benefitting Federal lands and adjacent non-Federal lands, including for technical assistance, administrative functions or costs, and other capacity support needs identified by the Forest Service. Funds appropriated to the Forest Service shall be available for interactions with and providing technical assistance to rural communities and natural resource-based businesses for sustainable rural development purposes. Funds appropriated to the Forest Service shall be available for payments to counties within the Columbia River Gorge National Scenic Area, pursuant to section 14(c)(1) and (2), and section 16(a)(2) of Public Law 99–663 Any funds appropriated to the Forest Service may be used to meet the non-Federal share requirement in section 502(c) of the Older Americans Act of 1965 ( 42 U.S.C. 3056(c)(2) The Forest Service shall not assess funds for the purpose of performing fire, administrative, and other facilities maintenance and decommissioning. Notwithstanding any other provision of law, of any appropriations or funds available to the Forest Service, not to exceed $500,000 may be used to reimburse the Office of the General Counsel (OGC), Department of Agriculture, for travel and related expenses incurred as a result of OGC assistance or participation requested by the Forest Service at meetings, training sessions, management reviews, land purchase negotiations, and similar matters unrelated to civil litigation: Provided, An eligible individual who is employed in any project funded under title V of the Older Americans Act of 1965 ( 42 U.S.C. 3056 et seq. chapter 171 Notwithstanding any other provision of law, from this point forward the Forest Service may employ or contract with an individual who is enrolled in a training program at a Civilian Conservation Center (as defined in section 147(d) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3197(d) Funds appropriated to the Forest Service shall be available to pay, from a single account, the base salary and expenses of employees who carry out functions funded by other accounts for Enterprise Program, Geospatial Technology and Applications Center, remnant Natural Resource Manager, Job Corps, and National Technology and Development Program. DEPARTMENT OF HEALTH AND HUMAN SERVICES Indian health service INDIAN HEALTH SERVICES For expenses necessary to carry out the Act of August 5, 1954 (68 Stat. 674), the Indian Self-Determination and Education Assistance Act, the Indian Health Care Improvement Act, and titles II and III of the Public Health Service Act with respect to the Indian Health Service, $91,818,000, to remain available until September 30, 2025, except as otherwise provided herein, which shall be in addition to funds previously appropriated under this heading that became available on October 1, 2023; in addition, $291,702,000, to remain available until September 30, 2025, for the Electronic Health Record System and the Indian Healthcare Improvement Fund; and, in addition, $4,719,786,000, which shall become available on October 1, 2024, and remain available through September 30, 2026, except as otherwise provided herein; together with payments received during the fiscal year pursuant to sections 231(b) and 233 of the Public Health Service Act ( 42 U.S.C. 238(b) Provided, 25 U.S.C. 450 Provided further, Provided further, Provided further, Provided further, Provided further, Indian Health Facilities Provided further, 25 U.S.C. 1616a–1 25 U.S.C. 1616a–1(c) Provided further, Provided further, Provided further, 25 U.S.C. 1613 Provided further, 25 U.S.C. 1613 Provided further, Provided further, Public Law 93–638 20 U.S.C. 1400 et seq. Provided further, Provided further, Provided further, CONTRACT SUPPORT COSTS For payments to tribes and tribal organizations for contract support costs associated with Indian Self-Determination and Education Assistance Act agreements with the Indian Health Service for fiscal year 2024, such sums as may be necessary: Provided, Provided further, PAYMENTS FOR TRIBAL LEASES For payments to tribes and tribal organizations for leases pursuant to section 105(l) of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5324(l) Provided, INDIAN HEALTH FACILITIES For construction, repair, maintenance, demolition, improvement, and equipment of health and related auxiliary facilities, including quarters for personnel; preparation of plans, specifications, and drawings; acquisition of sites, purchase and erection of modular buildings, and purchases of trailers; and for provision of domestic and community sanitation facilities for Indians, as authorized by section 7 of the Act of August 5, 1954 ( 42 U.S.C. 2004a Provided, Provided further, Provided further, Provided further, Congressionally Directed Spending Items Provided further, ADMINISTRATIVE PROVISIONS—INDIAN HEALTH SERVICE Appropriations provided in this Act to the Indian Health Service shall be available for services as authorized by 5 U.S.C. 3109 at rates not to exceed the per diem rate equivalent to the maximum rate payable for senior-level positions under 5 U.S.C. 5376 5 U.S.C. 5901–5902 Provided, 42 U.S.C. 2651–2653 Provided further, Public Law 86–121 Public Law 93–638 Provided further, Provided further, Provided further, 25 U.S.C. 450 et seq. Provided further, Provided further, Provided further, Provided further, Provided further, National institutes of health NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES For necessary expenses for the National Institute of Environmental Health Sciences in carrying out activities set forth in section 311(a) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9660(a) Agency for toxic substances and disease registry TOXIC SUBSTANCES AND ENVIRONMENTAL PUBLIC HEALTH For necessary expenses for the Agency for Toxic Substances and Disease Registry (ATSDR) in carrying out activities set forth in sections 104(i) and 111(c)(4) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) and section 3019 of the Solid Waste Disposal Act, $85,020,000: Provided, Provided further, Provided further, OTHER RELATED AGENCIES Executive office of the President COUNCIL ON ENVIRONMENTAL QUALITY AND OFFICE OF ENVIRONMENTAL QUALITY For necessary expenses to continue functions assigned to the Council on Environmental Quality and Office of Environmental Quality pursuant to the National Environmental Policy Act of 1969, the Environmental Quality Improvement Act of 1970, and Reorganization Plan No. 1 of 1977, and not to exceed $750 for official reception and representation expenses, $5,176,000: Provided, Chemical safety and hazard investigation board SALARIES AND EXPENSES For necessary expenses in carrying out activities pursuant to section 112(r)(6) of the Clean Air Act, including hire of passenger vehicles, uniforms or allowances therefor, as authorized by 5 U.S.C. 5901–5902 5 U.S.C. 5376 Provided, Provided further, Provided further, Office of navajo and hopi indian relocation SALARIES AND EXPENSES For necessary expenses of the Office of Navajo and Hopi Indian Relocation as authorized by Public Law 93–531 Provided, Provided further, Provided further, Provided further, Public Law 93–531 Institute of American indian and Alaska native culture and arts development PAYMENT TO THE INSTITUTE For payment to the Institute of American Indian and Alaska Native Culture and Arts Development, as authorized by part A of title XV of Public Law 99–498 20 U.S.C. 4411 et seq. Smithsonian institution SALARIES AND EXPENSES For necessary expenses of the Smithsonian Institution, as authorized by law, including research in the fields of art, science, and history; development, preservation, and documentation of the National Collections; presentation of public exhibits and performances; collection, preparation, dissemination, and exchange of information and publications; conduct of education, training, and museum assistance programs; maintenance, alteration, operation, lease agreements of no more than 30 years, and protection of buildings, facilities, and approaches; not to exceed $100,000 for services as authorized by 5 U.S.C. 3109 Provided, Provided further, Provided further, Provided further, Provided further, Public Law 116–94 FACILITIES CAPITAL For necessary expenses of repair, revitalization, and alteration of facilities owned or occupied by the Smithsonian Institution, by contract or otherwise, as authorized by section 2 of the Act of August 22, 1949 (63 Stat. 623), and for construction, including necessary personnel, $197,645,000, to remain available until expended, of which not to exceed $10,000 shall be for services as authorized by 5 U.S.C. 3109 National gallery of art SALARIES AND EXPENSES For the upkeep and operations of the National Gallery of Art, the protection and care of the works of art therein, and administrative expenses incident thereto, as authorized by the Act of March 24, 1937 (50 Stat. 51), as amended by the public resolution of April 13, 1939 (Public Resolution 9, 76th Congress), including services as authorized by 5 U.S.C. 3109 5 U.S.C. 5901–5902 REPAIR, RESTORATION AND RENOVATION OF BUILDINGS (INCLUDING TRANSFER OF FUNDS) For necessary expenses of repair, restoration, and renovation of buildings, grounds and facilities owned or occupied by the National Gallery of Art, by contract or otherwise, for operating lease agreements of no more than 10 years, that address space needs created by the ongoing renovations in the Master Facilities Plan, as authorized, $37,480,000, to remain available until expended: Provided, Provided further, John F. kennedy center for the performing arts OPERATIONS AND MAINTENANCE For necessary expenses for the operation, maintenance, and security of the John F. Kennedy Center for the Performing Arts, including rent of temporary office space in the District of Columbia during renovations of such Center, $29,027,000, to remain available until September 30, 2025. CAPITAL REPAIR AND RESTORATION For necessary expenses for capital repair and restoration of the existing features of the building and site of the John F. Kennedy Center for the Performing Arts, $16,353,000, to remain available until expended. Woodrow wilson international center for scholars SALARIES AND EXPENSES For expenses necessary in carrying out the provisions of the Woodrow Wilson Memorial Act of 1968 (82 Stat. 1356) including hire of passenger vehicles and services as authorized by 5 U.S.C. 3109 National foundation on the arts and the humanities National endowment for the arts GRANTS AND ADMINISTRATION For necessary expenses to carry out the National Foundation on the Arts and the Humanities Act of 1965, $207,000,000 shall be available to the National Endowment for the Arts for the support of projects and productions in the arts, including arts education and public outreach activities, through assistance to organizations and individuals pursuant to section 5 of the Act, for program support, and for administering the functions of the Act, to remain available until expended. National endowment for the humanities GRANTS AND ADMINISTRATION For necessary expenses to carry out the National Foundation on the Arts and the Humanities Act of 1965, $207,000,000, to remain available until expended, of which $188,250,000 shall be available for support of activities in the humanities, pursuant to section 7(c) of the Act and for administering the functions of the Act; and $18,750,000 shall be available to carry out the matching grants program pursuant to section 10(a)(2) of the Act, including $15,750,000 for the purposes of section 7(h): Provided, Administrative provisions None of the funds appropriated to the National Foundation on the Arts and the Humanities may be used to process any grant or contract documents which do not include the text of 18 U.S.C. 1913: Provided, Provided further, Provided further, Provided further, Commission of fine arts SALARIES AND EXPENSES For expenses of the Commission of Fine Arts under chapter 91 Provided, Provided further, Provided further, NATIONAL CAPITAL ARTS AND CULTURAL AFFAIRS For necessary expenses as authorized by Public Law 99–190 20 U.S.C. 956a Provided, National Capital Arts and Cultural Affairs Public Law 99–190 20 U.S.C. 956a , calendar year 2020 excluded Provided further, Advisory council on historic preservation SALARIES AND EXPENSES For necessary expenses of the Advisory Council on Historic Preservation ( Public Law 89–665 National capital planning commission SALARIES AND EXPENSES For necessary expenses of the National Capital Planning Commission under chapter 87 5 U.S.C. 3109 Provided, United States holocaust memorial museum HOLOCAUST MEMORIAL MUSEUM For expenses of the Holocaust Memorial Museum, as authorized by Public Law 106–292 36 U.S.C. 2301–2310 Presidio trust The Presidio Trust is authorized to issue obligations to the Secretary of the Treasury pursuant to section 104(d)(3) of the Omnibus Parks and Public Lands Management Act of 1996 ( Public Law 104–333 United States semiquincentennial commission SALARIES AND EXPENSES For necessary expenses of the United States Semiquincentennial Commission to plan and coordinate observances and activities associated with the 250th anniversary of the founding of the United States, as authorized by Public Law 116–282 Public Law 114–196 IV GENERAL PROVISIONS (INCLUDING TRANSFERS AND RESCISSIONS OF FUNDS) RESTRICTION ON USE OF FUNDS 401. No part of any appropriation contained in this Act shall be available for any activity or the publication or distribution of literature that in any way tends to promote public support or opposition to any legislative proposal on which Congressional action is not complete other than to communicate to Members of Congress as described in 18 U.S.C. 1913 OBLIGATION OF APPROPRIATIONS 402. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. DISCLOSURE OF ADMINISTRATIVE EXPENSES 403. The amount and basis of estimated overhead charges, deductions, reserves, or holdbacks, including working capital fund charges, from programs, projects, activities and subactivities to support government-wide, departmental, agency, or bureau administrative functions or headquarters, regional, or central operations shall be presented in annual budget justifications and subject to approval by the Committees on Appropriations of the House of Representatives and the Senate. Changes to such estimates shall be presented to the Committees on Appropriations for approval. MINING APPLICATIONS 404. (a) Limitation of funds None of the funds appropriated or otherwise made available pursuant to this Act shall be obligated or expended to accept or process applications for a patent for any mining or mill site claim located under the general mining laws. (b) Exceptions Subsection (a) shall not apply if the Secretary of the Interior determines that, for the claim concerned: (1) a patent application was filed with the Secretary on or before September 30, 1994; and (2) all requirements established under sections 2325 and 2326 of the Revised Statutes (30 U.S.C. 29 and 30) for vein or lode claims, sections 2329, 2330, 2331, and 2333 of the Revised Statutes ( 30 U.S.C. 35 30 U.S.C. 42 (c) Report On September 30, 2025, the Secretary of the Interior shall file with the House and Senate Committees on Appropriations and the Committee on Natural Resources of the House and the Committee on Energy and Natural Resources of the Senate a report on actions taken by the Department under the plan submitted pursuant to section 314(c) of the Department of the Interior and Related Agencies Appropriations Act, 1997 ( Public Law 104–208 (d) Mineral examinations In order to process patent applications in a timely and responsible manner, upon the request of a patent applicant, the Secretary of the Interior shall allow the applicant to fund a qualified third-party contractor to be selected by the Director of the Bureau of Land Management to conduct a mineral examination of the mining claims or mill sites contained in a patent application as set forth in subsection (b). The Bureau of Land Management shall have the sole responsibility to choose and pay the third-party contractor in accordance with the standard procedures employed by the Bureau of Land Management in the retention of third-party contractors. CONTRACT SUPPORT COSTS, PRIOR YEAR LIMITATION 405. Sections 405 and 406 of division F of the Consolidated and Further Continuing Appropriations Act, 2015 ( Public Law 113–235 CONTRACT SUPPORT COSTS, FISCAL YEAR 2024 LIMITATION 406. Amounts provided by this Act for fiscal year 2024 under the headings Department of Health and Human Services, Indian Health Service, Contract Support Costs Department of the Interior, Bureau of Indian Affairs and Bureau of Indian Education, Contract Support Costs Provided, FOREST MANAGEMENT PLANS 407. The Secretary of Agriculture shall not be considered to be in violation of section 6(f)(5)(A) of the Forest and Rangeland Renewable Resources Planning Act of 1974 ( 16 U.S.C. 1604(f)(5)(A) 16 U.S.C. 1600 et seq. Provided, PROHIBITION WITHIN NATIONAL MONUMENTS 408. No funds provided in this Act may be expended to conduct preleasing, leasing and related activities under either the Mineral Leasing Act ( 30 U.S.C. 181 et seq. 43 U.S.C. 1331 et seq. 16 U.S.C. 431 et seq. LIMITATION ON TAKINGS 409. Unless otherwise provided herein, no funds appropriated in this Act for the acquisition of lands or interests in lands may be expended for the filing of declarations of taking or complaints in condemnation without the approval of the House and Senate Committees on Appropriations: Provided, PROHIBITION ON NO-BID CONTRACTS 410. None of the funds appropriated or otherwise made available by this Act to executive branch agencies may be used to enter into any Federal contract unless such contract is entered into in accordance with the requirements of Chapter 33 Chapter 137 (1) Federal law specifically authorizes a contract to be entered into without regard for these requirements, including formula grants for States, or federally recognized Indian tribes; (2) such contract is authorized by the Indian Self-Determination and Education Assistance Act ( Public Law 93–638 25 U.S.C. 450 et seq. 25 U.S.C. 450b(e) (3) such contract was awarded prior to the date of enactment of this Act. POSTING OF REPORTS 411. (a) Any agency receiving funds made available in this Act, shall, subject to subsections (b) and (c), post on the public website of that agency any report required to be submitted by the Congress in this or any other Act, upon the determination by the head of the agency that it shall serve the national interest. (b) Subsection (a) shall not apply to a report if— (1) the public posting of the report compromises national security; or (2) the report contains proprietary information. (c) 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. NATIONAL ENDOWMENT FOR THE ARTS GRANT GUIDELINES 412. Of the funds provided to the National Endowment for the Arts— (1) The Chairperson shall only award a grant to an individual if such grant is awarded to such individual for a literature fellowship, National Heritage Fellowship, or American Jazz Masters Fellowship. (2) The Chairperson shall establish procedures to ensure that no funding provided through a grant, except a grant made to a State or local arts agency, or regional group, may be used to make a grant to any other organization or individual to conduct activity independent of the direct grant recipient. Nothing in this subsection shall prohibit payments made in exchange for goods and services. (3) No grant shall be used for seasonal support to a group, unless the application is specific to the contents of the season, including identified programs or projects. NATIONAL ENDOWMENT FOR THE ARTS PROGRAM PRIORITIES 413. (a) In providing services or awarding financial assistance under the National Foundation on the Arts and the Humanities Act of 1965 from funds appropriated under this Act, the Chairperson of the National Endowment for the Arts shall ensure that priority is given to providing services or awarding financial assistance for projects, productions, workshops, or programs that serve underserved populations. (b) In this section: (1) The term underserved population (2) The term poverty line 42 U.S.C. 9902(2) (c) In providing services and awarding financial assistance under the National Foundation on the Arts and Humanities Act of 1965 with funds appropriated by this Act, the Chairperson of the National Endowment for the Arts shall ensure that priority is given to providing services or awarding financial assistance for projects, productions, workshops, or programs that will encourage public knowledge, education, understanding, and appreciation of the arts. (d) With funds appropriated by this Act to carry out section 5 of the National Foundation on the Arts and Humanities Act of 1965— (1) the Chairperson shall establish a grant category for projects, productions, workshops, or programs that are of national impact or availability or are able to tour several States; (2) the Chairperson shall not make grants exceeding 15 percent, in the aggregate, of such funds to any single State, excluding grants made under the authority of paragraph (1); (3) the Chairperson shall report to the Congress annually and by State, on grants awarded by the Chairperson in each grant category under section 5 of such Act; and (4) the Chairperson shall encourage the use of grants to improve and support community-based music performance and education. STATUS OF BALANCES OF APPROPRIATIONS 414. The Department of the Interior, the Environmental Protection Agency, the Forest Service, and the Indian Health Service shall provide the Committees on Appropriations of the House of Representatives and Senate quarterly reports on the status of balances of appropriations including all uncommitted, committed, and unobligated funds in each program and activity within 60 days of enactment of this Act. EXTENSION OF GRAZING PERMITS 415. The terms and conditions of section 325 of Public Law 108–108 43 U.S.C. 1752 FUNDING PROHIBITION 416. (a) None of the funds made available in this Act may be used to maintain or establish a computer network unless such network is designed to block access to pornography websites. (b) Nothing in subsection (a) shall limit the use of funds necessary for any Federal, State, tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecution, or adjudication activities. HUMANE TRANSFER AND TREATMENT OF ANIMALS 417. (a) Notwithstanding any other provision of law, the Secretary of the Interior, with respect to land administered by the Bureau of Land Management, or the Secretary of Agriculture, with respect to land administered by the Forest Service (referred to in this section as the Secretary concerned (b) The Secretary concerned may make a transfer under subsection (a) immediately on the request of a Federal, State, or local government agency. (c) An excess wild horse or burro transferred under subsection (a) shall lose status as a wild free-roaming horse or burro (as defined in section 2 of Public Law 92–195 Wild Free-Roaming Horses and Burros Act 16 U.S.C. 1332 (d) A Federal, State, or local government agency receiving an excess wild horse or burro pursuant to subsection (a) shall not— (1) destroy the horse or burro in a manner that results in the destruction of the horse or burro into a commercial product; (2) sell or otherwise transfer the horse or burro in a manner that results in the destruction of the horse or burro for processing into a commercial product; or (3) euthanize the horse or burro, except on the recommendation of a licensed veterinarian in a case of severe injury, illness, or advanced age. (e) Amounts appropriated by this Act shall not be available for— (1) the destruction of any healthy, unadopted, and wild horse or burro under the jurisdiction of the Secretary concerned (including a contractor); or (2) the sale of a wild horse or burro that results in the destruction of the wild horse or burro for processing into a commercial product. FOREST SERVICE FACILITY REALIGNMENT AND ENHANCEMENT AUTHORIZATION EXTENSION 418. Section 503(f) of Public Law 109–54 16 U.S.C. 580d September 30, 2024 September 30, 2019 USE OF AMERICAN IRON AND STEEL 419. (a) (1) None of the funds made available by a State water pollution control revolving fund as authorized by section 1452 of the Safe Drinking Water Act ( 42 U.S.C. 300j–12 (2) In this section, the term iron and steel (b) Subsection (a) shall not apply in any case or category of cases in which the Administrator of the Environmental Protection Agency (in this section referred to as the Administrator (1) applying subsection (a) would be inconsistent with the public interest; (2) iron and steel products are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or (3) inclusion of iron and steel products produced in the United States will increase the cost of the overall project by more than 25 percent. (c) If the Administrator receives a request for a waiver under this section, the Administrator shall make available to the public on an informal basis a copy of the request and information available to the Administrator concerning the request, and shall allow for informal public input on the request for at least 15 days prior to making a finding based on the request. The Administrator shall make the request and accompanying information available by electronic means, including on the official public Internet Web site of the Environmental Protection Agency. (d) This section shall be applied in a manner consistent with United States obligations under international agreements. (e) The Administrator may retain up to 0.25 percent of the funds appropriated in this Act for the Clean and Drinking Water State Revolving Funds for carrying out the provisions described in subsection (a)(1) for management and oversight of the requirements of this section. LOCAL COOPERATOR TRAINING AGREEMENTS AND TRANSFERS OF EXCESS EQUIPMENT AND SUPPLIES FOR WILDFIRES 420. The Secretary of the Interior is authorized to enter into grants and cooperative agreements with volunteer fire departments, rural fire departments, rangeland fire protection associations, and similar organizations to provide for wildland fire training and equipment, including supplies and communication devices. Notwithstanding section 121(c) of title 40, United States Code, or section 521 of title 40, United States Code, the Secretary is further authorized to transfer title to excess Department of the Interior firefighting equipment no longer needed to carry out the functions of the Department’s wildland fire management program to such organizations. RECREATION FEES 421. Section 810 of the Federal Lands Recreation Enhancement Act ( 16 U.S.C. 6809 October 1, 2025 September 30, 2019 REPROGRAMMING GUIDELINES 422. None of the funds made available in this Act, in this and prior fiscal years, may be reprogrammed without the advance approval of the House and Senate Committees on Appropriations in accordance with the reprogramming procedures contained in the report accompanying this Act. LOCAL CONTRACTORS 423. Section 412 of division E of Public Law 112–74 fiscal year 2024 fiscal year 2019 SHASTA-TRINITY MARINA FEE AUTHORITY AUTHORIZATION EXTENSION 424. Section 422 of division F of Public Law 110–161 fiscal year 2024 fiscal year 2019 INTERPRETIVE ASSOCIATION AUTHORIZATION EXTENSION 425. Section 426 of division G of Public Law 113–76 16 U.S.C. 565a–1 September 30, 2024 September 30, 2019 PUERTO RICO SCHOOLING AUTHORIZATION EXTENSION 426. The authority provided by the 19th unnumbered paragraph under heading Administrative Provisions, Forest Service Public Law 109–54 fiscal year 2024 fiscal year 2019 FOREST BOTANICAL PRODUCTS FEE COLLECTION AUTHORIZATION EXTENSION 427. Section 339 of the Department of the Interior and Related Agencies Appropriations Act, 2000 (as enacted into law by Public Law 106–113 16 U.S.C. 528 Public Law 108–108 Public Law 113–76 fiscal year 2024 fiscal year 2019 CHACO CANYON 428. None of the funds made available by this Act may be used to accept a nomination for oil and gas leasing under 43 CFR 3120.3 et seq., or to offer for oil and gas leasing, any Federal lands within the withdrawal area identified on the map of the Chaco Culture National Historical Park prepared by the Bureau of Land Management and dated April 2, 2019, prior to the completion of the cultural resources investigation identified in the explanatory statement described in section 4 in the matter preceding division A of the Consolidated Appropriations Act, 2021 ( Public Law 116–260 TRIBAL LEASES 429. (a) Notwithstanding any other provision of law, in the case of any lease under section 105(l) of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5324(l) (b) The Secretaries of the Interior and Health and Human Services shall, jointly or separately, during fiscal year 2024 consult with tribes and tribal organizations through public solicitation and other means regarding the requirements for leases under section 105(l) of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5324(l) FOREST ECOSYSTEM HEALTH AND RECOVERY FUND 430. The authority provided under the heading Forest Ecosystem Health and Recovery Fund Public Law 111–88 Public Law 113–235 fiscal year 2024 fiscal year 2020 ALLOCATION OF PROJECTS, NATIONAL PARKS AND PUBLIC LAND LEGACY RESTORATION FUND AND LAND AND WATER CONSERVATION FUND 431. (a) (1) Within 45 days of enactment of this Act, the Secretary of the Interior shall allocate amounts made available from the National Parks and Public Land Legacy Restoration Fund for fiscal year 2024 pursuant to subsection (c) of section 200402 of title 54, United States Code, and as provided in subsection (e) of such section of such title, to the agencies of the Department of the Interior and the Department of Agriculture specified, in the amounts specified, for the stations and unit names specified, and for the projects and activities specified in the table titled Allocation of Funds: National Parks and Public Land Legacy Restoration Fund Fiscal Year 2024 (2) Within 45 days of enactment of this Act, the Secretary of the Interior and the Secretary of Agriculture, as appropriate, shall allocate amounts made available for expenditure from the Land and Water Conservation Fund for fiscal year 2024 pursuant to subsection (a) of section 200303 of title 54, United States Code, to the agencies and accounts specified, in the amounts specified, and for the projects and activities specified in the table titled Allocation of Funds: Land and Water Conservation Fund Fiscal Year 2024 (b) Except as otherwise provided by subsection (c) of this section, neither the President nor his designee may allocate any amounts that are made available for any fiscal year under subsection (c) of section 200402 of title 54, United States Code, or subsection (a) of section 200303 of title 54, United States Code, other than in amounts and for projects and activities that are allocated by subsections (a)(1) and (a)(2) of this section: Provided, (c) The Secretary of the Interior and the Secretary of Agriculture may reallocate amounts from each agency’s Contingency Fund Allocation of Funds: National Parks and Public Land Legacy Restoration Fund Fiscal Year 2024 (1) Contingency Fund (2) Contingency Fund (3) The Secretary of the Interior or the Secretary of Agriculture must provide written notification to the Committees on Appropriations 30 days before taking any actions authorized by this subsection if the amount reallocated from the Contingency Fund (A) The amount allocated to that project in the table titled Allocation of Funds: National Parks and Public Land Legacy Restoration Fund Fiscal Year 2024 (B) The initial estimate in the most recent report submitted, prior to enactment of this Act, to the Committees on Appropriations pursuant to section 431(e) of division G of the Consolidated Appropriations Act, 2023 ( Public Law 117–328 (d) (1) Concurrent with the annual budget submission of the President for fiscal year 2025, the Secretary of the Interior and the Secretary of Agriculture shall each submit to the Committees on Appropriations of the House of Representatives and the Senate project data sheets for the projects in the Submission of Annual List of Projects to Congress Provided, Submission of Annual List of Projects to Congress Contingency Fund Provided further, Contingency Fund Provided further, (2) (A) Concurrent with the annual budget submission of the President for fiscal year 2025, the Secretary of the Interior and the Secretary of Agriculture shall each submit to the Committees on Appropriations of the House of Representatives and the Senate a list of supplementary allocations for Federal land acquisition and Forest Legacy Projects at the National Park Service, the U.S. Fish and Wildlife Service, the Bureau of Land Management, and the U.S. Forest Service that are in addition to the Submission of Cost Estimates Provided, (B) The Federal land acquisition and Forest Legacy projects in the Submission of Cost Estimates (C) Concurrent with the annual budget submission of the President for fiscal year 2025, the Secretary of the Interior and the Secretary of Agriculture shall each submit to the Committees on Appropriations of the House of Representatives and the Senate project data sheets in the same format and containing the same level of detailed information that is found on such sheets in the Budget Justifications annually submitted by the Department of the Interior with the President’s Budget for the projects in the Submission of Cost Estimates Public Law 116–94 (e) The Department of the Interior and the Department of Agriculture 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 National Parks and Public Land Legacy Restoration Fund for amounts allocated pursuant to subsection (a)(1) of this section and the status of balances of projects and activities funded by the Land and Water Conservation Fund for amounts allocated pursuant to subsection (a)(2) of this section, including all uncommitted, committed, and unobligated funds, and, for amounts allocated pursuant to subsection (a)(1) of this section, National Parks and Public Land Legacy Restoration Fund amounts reallocated pursuant to subsection (c) of this section. POLICIES RELATING TO BIOMASS ENERGY 432. To support the key role that forests in the United States can play in addressing the energy needs of the United States, the Secretary of Energy, the Secretary of Agriculture, and the Administrator of the Environmental Protection Agency shall, consistent with their missions, jointly— (1) ensure that Federal policy relating to forest bioenergy— (A) is consistent across all Federal departments and agencies; and (B) recognizes the full benefits of the use of forest biomass for energy, conservation, and responsible forest management; and (2) establish clear and simple policies for the use of forest biomass as an energy solution, including policies that— (A) reflect the carbon neutrality of forest bioenergy and recognize biomass as a renewable energy source, provided the use of forest biomass for energy production does not cause conversion of forests to non-forest use; (B) encourage private investment throughout the forest biomass supply chain, including in— (i) working forests; (ii) harvesting operations; (iii) forest improvement operations; (iv) forest bioenergy production; (v) wood products manufacturing; or (vi) paper manufacturing; (C) encourage forest management to improve forest health; and (D) recognize State initiatives to produce and use forest biomass. SMALL REMOTE INCINERATORS 433. None of the funds made available in this Act may be used to implement or enforce the regulation issued on March 21, 2011 at 40 CFR part 60 subparts CCCC and DDDD with respect to units in the State of Alaska that are defined as small, remote incinerator TIMBER SALE REQUIREMENTS 434. No timber sale in Alaska’s Region 10 shall be advertised if the indicated rate is deficit (defined as the value of the timber is not sufficient to cover all logging and stumpage costs and provide a normal profit and risk allowance under the Forest Service’s appraisal process) when appraised using a residual value appraisal. The western red cedar timber from those sales which is surplus to the needs of the domestic processors in Alaska, shall be made available to domestic processors in the contiguous 48 United States at prevailing domestic prices. All additional western red cedar volume not sold to Alaska or contiguous 48 United States domestic processors may be exported to foreign markets at the election of the timber sale holder. All Alaska yellow cedar may be sold at prevailing export prices at the election of the timber sale holder. TRANSFER AUTHORITY TO FEDERAL HIGHWAY ADMINISTRATION FOR THE NATIONAL PARKS AND PUBLIC LAND LEGACY RESTORATION FUND 435. Funds made available or allocated in this Act to the Department of the Interior or the Department of Agriculture that are subject to the allocations and limitations in 54 U.S.C. 200402(e) 54 U.S.C. 200402(f) 54 U.S.C. 200401(2) PROHIBITION ON USE OF FUNDS 436. Notwithstanding any other provision of law, none of the funds made available in this Act or any other Act may be used to promulgate or implement any regulation requiring the issuance of permits under title V of the Clean Air Act ( 42 U.S.C. 7661 et seq. GREENHOUSE GAS REPORTING RESTRICTIONS 437. Notwithstanding any other provision of law, none of the funds made available in this or any other Act may be used to implement any provision in a rule, if that provision requires mandatory reporting of greenhouse gas emissions from manure management systems. FUNDING PROHIBITION 438. None of the funds made available by this or any other Act may be used to regulate the lead content of ammunition, ammunition components, or fishing tackle under the Toxic Substances Control Act ( 15 U.S.C. 2601 et seq. FIREFIGHTER PAY CAP 439. Section 1701 of division B of the Extending Government Funding and Delivering Emergency Assistance Act ( 5 U.S.C. 5547 Public Law 117–103 (1) in subsection (a)(1), by striking the last sentence and inserting Any Services during a given calendar year that generate payments payable in the subsequent calendar year shall be disregarded in applying this subsection (2) in subsections (a), (b), and (c) by inserting or 2024 or 2023 TECHNICAL CORRECTION 440. In the table entitled Interior and Environment Incorporation of Community Project Funding Items/Congressionally Directed Spending Items Public Law 117–328 Disclosure of Earmarks and Congressionally Directed Spending Items Historic Campbell Chapel Restoration Committee for the Restoration of Historic Campbell Chapel Historic Preservation Fund—Save America’s Treasures Grants Historic Preservation Fund—Historic Preservation Fund Grants ALASKA NATIVE REGIONAL HEALTH ENTITIES AUTHORIZATION EXTENSION 441. Section 424(a) of title IV of division G of the Consolidated Appropriations Act, 2014 ( Public Law 113–76 October 1, 2024 December 24, 2023 AVAILABILITY OF FUNDS 442. 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 rescinded, if applicable) only if the President subsequently so designates all such amounts and transmits such designations to the Congress. GOOD NEIGHBOR AUTHORITY 443. Section 8206 of the Agriculture Act of 2014 ( 16 U.S.C. 2113a Public Law 115–334 Public Law 117–328 (1) in subsection (a)(3)(A), by adding before the period: ; or (iii) National Park System land; or (iv) National Wildlife Refuge Land ; (2) in subsection (a)(4)(B)(i), by striking or National Forest System , (3) in subsection (a)(4)(B)(i), by inserting , National Park Service, or National Wildlife Refuge Bureau of Land Management (4) in subsection (b)(2)(C)(ii), by striking 2023 2024 (5) in subsection (b)(4) by striking land or , (6) in subsection (b)(4) by inserting , National Park System, or U.S. Fish and Wildlife Service Bureau of Land Management FOREST SERVICE NONRECURRING EXPENSE FUND 444. There is hereby established in the Treasury of the United States a fund to be known as the Forest Service Nonrecurring Expenses Fund Provided, Provided further, Provided further, COST SHARE WAIVER 445. The Secretary of the Interior or the Secretary of Agriculture, may waive, in whole or in part, the non-Federal cost sharing requirement of any appropriate conservation project under section 212(a)(1) of the Public Lands Corps Act ( 16 U.S.C. 1729(a)(1) Provided, WORLD WAR I CENTENNIAL COMMISSION 446. In addition to the authority provided by section 6(g) of the World War I Centennial Commission Act, as authorized by the World War I Centennial Commission Act ( Public Law 112–272 Buck Public Law 113–291 RESCISSION 447. Of the unobligated balances from discretionary amounts made available in fiscal year 2020 or before for the National Park Service, and derived from the Land and Water Conservation Fund, $100,000,000 is hereby permanently rescinded from grant programs with an unobligated carryover balance: Provided, RESCISSION 448. Of the unobligated balances from amounts made available by section 11001 of Public Law 117–2 CRITICAL MINERALS 449. In implementing regulations related to tailpipe greenhouse gas emissions standards under section 202(a) of the Clean Air Act, the Environmental Protection Agency shall assess and report to Congress on the impact such regulations would have on the amount of critical minerals extracted, processed, or recycled by a foreign entity of concern (as defined in section 40207(a)(5) of the Infrastructure Investment and Jobs Act ( 42 U.S.C. 18741(a)(5) This Act may be cited as the Department of the Interior, Environment, and Related Agencies Appropriations Act, 2024 July 27, 2023 Read twice and placed on the calendar

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

Rebuild America's Schools Act of 2023 This bill provides support for long-term improvements to public elementary and secondary school facilities. First, the bill sets forth allocations to states and establishes a need-based grant program for local educational agencies (LEAs) to improve school facilities. Further, the bill specifies allowable uses of grant funds, including carrying out major repairs, improving indoor air quality, and making facilities accessible to disabled individuals. Additionally, the bill requires LEAs that receive funds for new construction, modernization, or renovation projects to comply with hazard-resistance building codes and performance criteria under the WaterSense program of the Environmental Protection Agency. Further, the bill requires such LEAs to adopt certain green practices (environmental standards) and requires the use of iron, steel, and manufactured products that are made in the United States (Buy America). The bill restores school infrastructure tax credit bonds. The bill also sets forth reporting requirements, including annual reports on grant program projects and a report by the Government Accountability Office that requires a study of the geographic distribution of projects, the impact of selected projects on student and staff health and safety, and the accessibility of projects to high-poverty schools. The bill also establishes the Office of School Infrastructure and Sustainability within the Department of Education. Next, the bill extends through FY2028 the Impact Aid Construction program. Finally, the bill establishes a grant program to assist LEAs with repairing or replacing concrete foundations affected by pyrrhotite (an iron sulfide material linked to crumbling foundations).

118 S2608 IS: Rebuild America’s Schools Act of 2023 U.S. Senate 2023-07-27 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 2608 IN THE SENATE OF THE UNITED STATES July 27, 2023 Mr. Reed Mr. Brown Mr. Merkley Mr. Luján Mr. Van Hollen Mr. Casey Ms. Cortez Masto Mr. Blumenthal Mr. Markey Mr. Whitehouse Mr. Durbin Ms. Hirono Mr. Murphy Mr. Heinrich Ms. Stabenow Ms. Smith Ms. Duckworth Mrs. Shaheen Mr. Booker Ms. Klobuchar Mr. Padilla Committee on Finance A BILL To provide for the long-term improvement of public school facilities, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Rebuild America’s Schools Act of 2023 (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. TITLE I—GRANTS FOR THE LONG-TERM IMPROVEMENT OF PUBLIC SCHOOL FACILITIES Sec. 101. Purpose and reservation. Sec. 102. Allocation to States. Sec. 103. Need-based grants to qualified local educational agencies. Sec. 104. Annual report on grant program. Sec. 105. Authorization of appropriations. TITLE II—School infrastructure bonds Sec. 201. Restoration of certain qualified tax credit bonds. Sec. 202. School infrastructure bonds. Sec. 203. Annual report on bond program. TITLE III—Uses of funds Sec. 301. Allowable uses of funds. Sec. 302. Prohibited uses. Sec. 303. Requirements for hazard resistance and energy and water conservation. Sec. 304. Green practices. Sec. 305. Use of American iron, steel, and manufactured products. TITLE IV—REPORTS AND OTHER MATTERS Sec. 401. Comptroller General report. Sec. 402. Study and report on physical condition of public schools. Sec. 403. Office of School Infrastructure and Sustainability. Sec. 404. Development of data standards. Sec. 405. Information clearinghouse. TITLE V—Impact aid construction Sec. 501. Temporary increase in funding for impact aid construction. TITLE VI—Assistance for repair of school foundations affected by pyrrhotite Sec. 601. Allocations to States. Sec. 602. Grants to local educational agencies. Sec. 603. Definitions. Sec. 604. Authorization of appropriations. 2. Definitions In this Act: (1) Appropriate congressional committees The term appropriate congressional committees (2) Bureau-funded school The term Bureau-funded school 25 U.S.C. 2021 (3) Covered funds The term covered funds (A) under title I of this Act; (B) from a school infrastructure bond; or (C) from a qualified zone academy bond (as such term is defined in section 54E (4) ESEA terms The terms elementary school outlying area secondary school 20 U.S.C. 7801 (5) Local educational agency The term local educational agency 20 U.S.C. 7801 (6) Net zero energy school The term net zero energy school (A) generates renewable energy on-site; and (B) produces enough renewable energy to meet its own annual energy consumption requirements. (7) Public school facilities The term public school facilities (8) Qualified local educational agency The term qualified local educational agency 20 U.S.C. 6311 et seq. (9) School infrastructure bond The term school infrastructure bond section 54BB (10) Secretary The term Secretary (11) State The term State I GRANTS FOR THE LONG-TERM IMPROVEMENT OF PUBLIC SCHOOL FACILITIES 101. Purpose and reservation (a) Purpose Funds made available under this title shall be for the purpose of supporting long-term improvements to public school facilities in accordance with this Act. (b) Reservation for outlying areas and bureau-Funded schools (1) In general For each of fiscal years 2024 through 2028, the Secretary shall reserve, from the amount appropriated to carry out this title— (A) one-half of 1 percent, to make allocations to the outlying areas in accordance with paragraph (3); and (B) one-half of 1 percent, for payments to the Secretary of the Interior to provide assistance to Bureau-funded schools. (2) Use of reserved funds (A) In general Funds reserved under paragraph (1) shall be used in accordance with title III. (B) Special rules for bureau-funded schools (i) Applicability The provisions of title III shall apply to a Bureau-funded school that receives assistance under paragraph (1)(B) in the same manner that such provisions apply to a qualified local educational agency that receives covered funds. The facilities of a Bureau-funded school shall be treated as public school facilities for purposes of the application of such provisions. (ii) Treatment of tribally operated schools The Secretary of the Interior shall provide assistance to Bureau-funded schools under paragraph (1)(B) without regard to whether such schools are operated by the Bureau of Indian Education or by an Indian Tribe. In the case of a Bureau-funded school that is a contract or grant school (as that term is defined in section 1141 of the Education Amendments of 1978 ( 25 U.S.C. 2021 (3) Allocation to outlying areas From the amount reserved under paragraph (1)(A) for a fiscal year, the Secretary shall allocate to each outlying area an amount in proportion to the amount received by the outlying area under part A of title I of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311 et seq. 102. Allocation to States (a) Allocation to states (1) State-by-state allocation (A) Fiscal year 2024 Of the amount appropriated to carry out this title for fiscal year 2024 and not reserved under section 101(b), not later than 30 days after such funds are appropriated, each State that provides an assurance to the Secretary that the State will comply with the requirements of section 103(c) shall be allocated an amount in proportion to the amount received by all local educational agencies in the State under part A of title I of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311 et seq. (B) Other fiscal years Of the amount appropriated to carry out this title for each fiscal year other than fiscal year 2024 and not reserved under section 101(b), each State that has a plan approved by the Secretary under subsection (b) shall be allocated an amount in proportion to the amount received by all local educational agencies in the State under part A of title I of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311 et seq. (2) State reservation A State may reserve not more than 5 percent of its allocation under paragraph (1) to carry out its responsibilities under this Act, which shall include— (A) providing technical assistance to local educational agencies, including by— (i) identifying which State agencies have programs, resources, and expertise relevant to the activities supported by the allocation under this section; and (ii) coordinating the provision of technical assistance across such agencies; (B) in accordance with the guidance issued by the Secretary under section 404, developing an online, publicly searchable database that contains an inventory of the infrastructure of all public school facilities in the State (including the facilities of Bureau-funded schools, as appropriate), including, with respect to each such facility, an identification of— (i) the information described in clauses (i) through (vii) of subparagraph (F); (ii) the age (including an identification of the date of any retrofits or recent renovations) of— (I) the facility; (II) its roof; (III) its electrical panels and lighting system; (IV) its windows and any skylights; (V) its cooking equipment and major appliances; (VI) its plumbing; and (VII) its heating, ventilation, and air conditioning system, including any energy management controls and systems; (iii) fire safety inspection results; (iv) the proximity of the facilities to toxic sites, including sites contaminated by per- and polyfluoroalkyl substances, or the vulnerability of the facilities to natural disasters, including the extent to which facilities that are vulnerable to seismic natural disasters are seismically retrofitted; (v) any previous inspections showing the presence of toxic substances, including per- and polyfluoroalkyl substances; (vi) any improvements that are needed to support indoor and outdoor social distancing, personal hygiene, and building hygiene (including with respect to heating, ventilation, and air conditioning usage) in school facilities, consistent with guidance issued by the Centers for Disease Control and Prevention; and (vii) any improvements that are needed to support energy and water efficiency, resilience, and climate mitigation; (C) updating the database developed under subparagraph (B) not less frequently than once every 3 years; (D) ensuring that the information in the database developed under subparagraph (B)— (i) is posted on a publicly accessible State website; and (ii) is regularly distributed to local educational agencies and Tribal governments in the State; (E) issuing and reviewing regulations to ensure the health and safety of students and staff during construction or renovation projects; (F) issuing or reviewing regulations to ensure safe, healthy, and high-performing school buildings, including regulations governing— (i) indoor environmental quality and ventilation, including exposure to carbon monoxide, carbon dioxide, lead-based paint, and other combustion by-products such as oxides of nitrogen; (ii) mold, mildew, and moisture control; (iii) the safety of drinking water at the tap and water used for meal preparation, including regulations that— (I) address the presence of lead and other contaminants, including per- and polyfluoroalkyl substances, in such water; and (II) require the regular testing of the potability of water at the tap and testing for contaminants, including per- and polyfluoroalkyl substances; (iv) energy and water efficiency; (v) excessive classroom noise due to activities allowable under section 301; (vi) the levels of maintenance work, operational spending, and capital investment needed to maintain the quality of public school facilities; and (vii) the construction or renovation of such facilities, including applicable building codes; (G) creating a plan to reduce or eliminate exposure to toxic substances, including mercury, radon, PCBs, lead, vapor intrusions, per- and polyfluoroalkyl substances, and asbestos; and (H) creating a plan to increase the number of net zero energy schools in the State, including professional development opportunities for State and local educational agency staff involved in maintenance, operations, and school facilities capital outlay projects related to energy and water efficiency, resilience, climate mitigation, renewable energy, energy storage, and building electrification. (b) State plan (1) In general Except as provided in paragraph (2), to be eligible to receive an allocation under this section, a State shall submit to the Secretary a plan that— (A) describes how the State will use the allocation to make long-term improvements to public school facilities; (B) explains how the State will carry out each of its responsibilities under subsection (a)(2); (C) explains how the State will make the determinations under subsections (b) through (d) of section 103, including how the State will consider the impact that projects will have on student diversity and racial and socioeconomic isolation of students attending any current (as of the time of the submission of the plan) or future public school facilities supported by such projects; (D) identifies how long, and at what levels, the State will maintain fiscal effort for the activities supported by the allocation after the State no longer receives the allocation; and (E) includes such other information as the Secretary may require. (2) Expedited process for fiscal year 2024 (A) Assurance to Secretary To be eligible to receive an allocation for fiscal year 2024 under subsection (a)(1)(A), a State shall provide to the Secretary an assurance that the State will comply with the requirements of section 103(c). (B) Submittal of State plan A State shall not be required to submit a State plan under paragraph (1) before receiving an allocation for fiscal year 2024 under subsection (a)(1)(A). A State that receives an allocation under such subsection for such fiscal year shall submit to the Secretary the State plan described in paragraph (1) not later than 90 days after the date on which such allocation is received. (3) Approval and disapproval The Secretary shall have the authority to approve or disapprove a State plan submitted under paragraph (1). (c) Conditions As a condition of receiving an allocation under this section, a State shall agree to the following: (1) Matching requirement (A) In general The State shall contribute, from non-Federal sources, an amount equal to 10 percent of the amount of the allocation received under this section to carry out the activities supported by the allocation. (B) Deadline The State shall provide any contribution required under subparagraph (A) not later than September 30, 2031. (C) Certain fiscal years With respect to a fiscal year for which more than $7,000,000,000 are appropriated to carry out this title, subparagraph (A) shall be applied as if , from non-Federal sources, (D) Commitment to proportional state investment in school facilities (i) In general The State shall provide an assurance to the Secretary that for each fiscal year that the State receives an allocation under this section, the State’s share of school facilities capital outlay will be not less than 90 percent of the average of the State’s share of school facilities capital outlay for the 5 years preceding the fiscal year for which the allocation is received. (ii) Waiver Notwithstanding clause (i), in response to a request from a State, the Secretary may modify or waive, in whole or in part, the requirement of clause (i) if the Secretary determines that such State demonstrates an exceptional or uncontrollable circumstance, such as a natural disaster, pandemic, or precipitous decline in revenue. (iii) State’s share of school facilities capital outlay In this subparagraph, the term State’s share of school facilities capital outlay (I) the total State expenditures on school facilities capital outlay projects; divided by (II) the total school facilities capital expenditures in the State on school facilities capital outlay projects. (iv) Total State expenditures In this subparagraph, the term total State expenditures (I) any direct expenditures by the State for the purpose of school facilities capital outlay projects; and (II) funds provided by the State to local educational agencies for the purpose of school facilities capital outlay projects. (v) Total school facilities capital expenditures in the state In this subparagraph, the term total school facilities capital expenditures in the State (I) the total State expenditures calculated under clause (iv); plus (II) all additional expenditures (from funds other than an allocation under this section) on school facilities capital outlay projects by local educational agencies in the State that were not included in the calculation of total State expenditures under clause (iv). (2) Supplement not supplant The State shall use an allocation under this section only to supplement the level of State public funds that would, in absence of the receipt of Federal funds under this section, be made available for the State’s contribution to school facilities capital outlays, and not to supplant such State public funds. 103. Need-based grants to qualified local educational agencies (a) Grants to local educational agencies (1) In general Subject to paragraph (2), from the amounts allocated to a State under section 102(a) and contributed by the State under section 102(c)(1), the State shall award grants to qualified local educational agencies, on a competitive basis, to carry out the activities described in section 301(a). (2) Allowance for digital learning A State may use up to 10 percent of the amount described in paragraph (1) to make grants to qualified local educational agencies to carry out activities to improve digital learning in accordance with section 301(b). (b) Eligibility (1) In general To be eligible to receive a grant under this section, a qualified local educational agency— (A) shall be among the local educational agencies in the State with the highest numbers or percentages of students counted under section 1124(c) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6333(c) (B) shall agree to prioritize the improvement of the facilities of public schools that serve the highest percentages of students who are eligible for a free or reduced price lunch under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq. (C) shall be among the local educational agencies in the State with the most limited capacity to raise funds for the long-term improvement of public school facilities, as determined by an assessment of— (i) the current and historic ability of the agency to raise funds for construction, renovation, modernization, and major repair projects for schools; (ii) whether the agency has been able to issue bonds or receive other funds to support school construction projects; and (iii) the bond rating of the agency. (2) Equitable distribution (A) Numbers and percentages of certain students In making the determination under paragraph (1)(A), the State shall ensure that grants under this section are equitably distributed among— (i) qualified local educational agencies in the State with the highest numbers of students counted under section 1124(c) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6333(c) (ii) qualified local educational agencies in the State with the highest percentages of students counted under such section. (B) Geographic diversity The State shall ensure that grants under this section are awarded to qualified local educational agencies that represent the geographic diversity of the State. (3) Statewide thresholds The State shall establish reasonable thresholds for determining whether a local educational agency is among agencies in the State with the highest numbers or percentages of students counted under section 1124(c) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6333(c) (c) Priority of grants In awarding grants under this section, the State shall give priority to qualified local educational agencies that— (1) (A) demonstrate the greatest need for such a grant, as determined by a comparison of the factors described in subsection (b)(1) and other indicators of need in the public school facilities of such local educational agencies, including— (i) the median age of facilities; (ii) the extent to which student enrollment exceeds physical and instructional capacity; (iii) the condition of major building systems such as heating, ventilation, air conditioning, electrical, water, and sewer systems; (iv) the condition of roofs, windows, and doors; and (v) other critical health and safety conditions; (B) will use the grant to improve the facilities of— (i) elementary schools or middle schools that have an enrollment of students who are eligible for a free or reduced price lunch under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq. (ii) high schools that have an enrollment of students who are eligible for a free or reduced price lunch under such Act that constitutes not less than 30 percent of the total student enrollment at such schools (which may be calculated using comparable data from the schools that feed into the high school); and (C) operate public school facilities that pose a severe health and safety threat to students and staff, which may include consideration of threats posed by the proximity of the facilities to toxic sites or brownfield sites or the vulnerability of the facilities to natural disasters; or (2) (A) will use the grant to improve access to high-speed broadband sufficient to support digital learning in accordance with section 301(b); (B) serve elementary schools or secondary schools, including rural schools, that lack such access; and (C) meet one or more of the requirements set forth in subparagraphs (A) through (C) of paragraph (1). (d) Application To be considered for a grant under this section, a qualified local educational agency shall submit an application to the State at such time, in such manner, and containing such information as the State may require. Such application shall include, at minimum— (1) the information necessary for the State to make the determinations under subsections (b) and (c); (2) a description of the projects that the agency plans to carry out with the grant; (3) an explanation of how such projects will— (A) improve conditions for the health and safety of staff and students at schools served by the agency; (B) improve learning and reduce inequity for such students; and (C) improve school facilities’ performance with respect to energy and water efficiency, resilience, and climate mitigation; (4) in the case of a local educational agency that proposes to fund a repair, renovation, or construction project for a public charter school, the extent to which— (A) the public charter school lacks access to funding for school repair, renovation, and construction through the financing methods available to other public schools or local educational agencies in the State; and (B) the charter school operator owns or has care and control of the facility that is to be repaired, renovated, or constructed; and (5) an explanation of how the local educational agency plans to increase the number of contracts such agency has with certified small businesses, minority-owned businesses, veteran-owned businesses, or women-owned businesses as of the date of submission of the application by awarding such contracts under projects supported by the grant. (e) Facilities master plan (1) Plan required Not later than 180 days after receiving a grant under this section, a qualified local educational agency shall submit to the State a comprehensive 10-year facilities master plan. (2) Elements The facilities master plan required under paragraph (1) shall include, with respect to all public school facilities of the qualified local educational agency, a description of— (A) the extent to which public school facilities meet students’ educational needs and support the agency’s educational mission and vision; (B) the physical condition of the public school facilities; (C) the current health, safety, and environmental conditions of the public school facilities, including— (i) indoor air quality; (ii) the presence of toxic substances; (iii) the safety of drinking water at the tap and water used for meal preparation, including the level of lead and other contaminants in such water; (iv) energy and water efficiency, resilience, and climate mitigation; (v) excessive classroom noise; and (vi) other health, safety, and environmental conditions that would impact the health, safety, and learning ability of students; (D) how the local educational agency will address the conditions identified under subparagraph (C), including identifying performance targets where applicable; (E) the impact of current and future student enrollment levels (as of the date of application) on the design of current and future public school facilities, as well as the financial implications of such enrollment levels; (F) the dollar amount and percentage of funds the local educational agency will dedicate to capital construction projects for public school facilities, including— (i) any funds in the budget of the agency that will be dedicated to such projects; and (ii) any funds not in the budget of the agency that will be dedicated to such projects, including any funds available to the agency as the result of a bond issue; and (G) the dollar amount and percentage of funds the local educational agency will dedicate to the maintenance and operation of public school facilities, including— (i) any funds in the budget of the agency that will be dedicated to the maintenance and operation of such facilities; and (ii) any funds not in the budget of the agency that will be dedicated to the maintenance and operation of such facilities. (3) Consultation In developing the facilities master plan required under paragraph (1)— (A) a qualified local educational agency shall consult with teachers, principals and other school leaders, custodial and maintenance staff, emergency first responders, school facilities directors, students and families, community residents, and Indian Tribes; and (B) in addition to the consultation required under subparagraph (A), a Bureau-funded school shall consult with the Bureau of Indian Education. 104. Annual report on grant program (a) In general Not later than September 30 of each fiscal year beginning after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees a report on the projects carried out with funds made available under this title. (b) Elements The report under subsection (a) shall include, with respect to the fiscal year preceding the year in which the report is submitted, the following: (1) An identification of each local educational agency that received a grant under this title. (2) With respect to each such agency, a description of— (A) the demographic composition of the student population served by the agency, disaggregated by— (i) race; (ii) the number and percentage of students counted under section 1124(c) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6333(c) (iii) the number and percentage of students who are eligible for a free or reduced price lunch under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq. (B) the population density of the geographic area served by the agency; (C) the projects for which the agency used the grant received under this title, described using measurements of school facility quality from the most recent available version of the Common Education Data Standards published by the National Center for Education Statistics; (D) the demonstrable or expected benefits of the projects, including any improvements— (i) to conditions for health, safety, and learning; and (ii) to school facilities with respect to energy and water efficiency, resilience, reduced carbon emissions, and climate mitigation; (E) the square footage of the improvements made with covered funds; (F) the total cost of each such project— (i) in total; and (ii) disaggregated by the costs of planning, design, construction, site purchase, and improvements; (G) the estimated number of jobs created by the projects; (H) of the total number of contracts awarded under the project, the percentage of such contracts that were awarded to certified small businesses, minority-owned businesses, veteran-owned businesses, and women-owned businesses; and (I) (i) the total dollar value of contracts awarded under the project to certified small businesses, minority-owned businesses, veteran-owned businesses, and women-owned businesses, respectively; and (ii) the total dollar value of contracts awarded under the project to all such businesses combined. (3) The total dollar amount of all grants received by local educational agencies under this title. (c) LEA information collection A local educational agency that receives a grant under this title shall— (1) annually compile the information described in subsection (b)(2); (2) make the information available to the public, including by posting the information on a publicly accessible agency website; and (3) submit the information to the State. (d) State information distribution A State that receives information from a local educational agency under subsection (c) shall— (1) compile the information and report it annually to the Secretary at such time and in such manner as the Secretary may require; (2) make the information available to the public, including by posting the information on a publicly accessible State website; and (3) regularly distribute the information to local educational agencies and Tribal governments in the State. 105. Authorization of appropriations There are authorized to be appropriated $20,000,000,000 for each of fiscal years 2024 through 2028 to carry out this title. Amounts so appropriated are authorized to remain available through fiscal year 2033. II School infrastructure bonds 201. Restoration of certain qualified tax credit bonds (a) Allowance of credit (1) In general Section 54A Public Law 115–97 (2) Credit limited to certain bonds (A) In general Section 54A(d)(1) of such Code, as revived by paragraph (1), is amended by striking means— which is part means a qualified zone academy bond which is part (B) Conforming amendment Section 54A(c)(2)(C) of such Code, as revived by paragraph (1), is amended by striking means— a purpose specified in section 54E(a)(1) (3) Conforming amendments (A) The Internal Revenue Code of 1986 is amended by inserting before section 54A (as revived by paragraph (1)) the following: I Qualified tax credit bonds Sec. 54A. Credit to holder of qualified tax credit bonds. . (B) Section 6401(b)(1) of such Code is amended by striking and G G, and I (C) The table of subparts for part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following: SUBPART I—Qualified tax credit bonds . (b) Credit allowed to issuer (1) In general Section 6431 Public Law 115–97 (2) Conforming amendment Section 6211(b)(4) of such Code is amended by striking and 6428A 6428A, and 6431 (c) Qualified zone academy bonds (1) In general Section 54E Public Law 115–97 (2) Extension of limitation Section 54(E)(c)(1) of such Code is amended— (A) by striking and $400,000,000 $400,000,000 (B) by striking and, except as provided , and $1,400,000,000 for 2023 and each calendar year thereafter. (3) Removal of private business contribution requirement Section 54E (A) in subsection (a)(3), by inserting and (B) by striking subsection (b), and (C) by redesignating subsections (c) and (d) as subsections (b) and (c), respectively. (4) Construction of a public school facility Section 54E(c)(3)(A) rehabilitating or repairing constructing, rehabilitating, retrofitting, or repairing (d) Conforming amendment related to application of certain labor standards (1) In general Subchapter IV of chapter 31 of the title 40, United States Code, shall apply to projects financed with the proceeds of any qualified zone academy bond (as defined in section 54E (2) Conforming amendment Section 1601 of the American Recovery and Reinvestment Tax Act of 2009 is amended by striking paragraph (3) and redesignating paragraphs (4) and (5) as paragraphs (3) and (4), respectively. (e) Effective date The amendments made by this section shall apply to obligations issued after December 31, 2023. 202. School infrastructure bonds (a) In general The Internal Revenue Code of 1986 is amended by inserting after subpart I (as revived by section 201) of part IV of subchapter A of chapter 1 the following new subpart: J School infrastructure bonds Sec. 54BB. School infrastructure bonds. 54BB. School infrastructure bonds (a) In general If a taxpayer holds a school infrastructure bond on one or more interest payment dates of the bond during any taxable year, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the sum of the credits determined under subsection (b) with respect to such dates. (b) Amount of credit The amount of the credit determined under this subsection with respect to any interest payment date for a school infrastructure bond is 100 percent of the amount of interest payable by the issuer with respect to such date. (c) Limitation Based on Amount of Tax (1) In general The credit allowed under subsection (a) for any taxable year shall not exceed the excess of— (A) the sum of the regular tax liability of the taxpayer (as defined in section 26(b)) plus the tax imposed by section 55, over (B) the sum of the credits allowable under this part (other than subpart C and this subpart). (2) Carryover of unused credit If the credit allowable under subsection (a) exceeds the limitation imposed by paragraph (1) for such taxable year, such excess shall be carried to the succeeding taxable year and added to the credit allowable under subsection (a) for such taxable year (determined before the application of paragraph (1) for such succeeding taxable year). (d) School infrastructure bond (1) In general For purposes of this section, the term school infrastructure bond (A) 100 percent of the available project proceeds of such issue are to be used for the purposes described in section 301 of the Rebuild America’s Schools Act of 2023 (B) the interest on such obligation would (but for this section) be excludable from gross income under section 103, (C) the issue meets the requirements of paragraph (3), and (D) the issuer designates such bond for purposes of this section. (2) Applicable rules For purposes of applying paragraph (1)— (A) for purposes of section 149(b), a school infrastructure bond shall not be treated as federally guaranteed by reason of the credit allowed under section 6431(a), (B) for purposes of section 148, the yield on a school infrastructure bond shall be determined without regard to the credit allowed under subsection (a), and (C) a bond shall not be treated as a school infrastructure bond if the issue price has more than a de minimis amount (determined under rules similar to the rules of section 1273(a)(3)) of premium over the stated principal amount of the bond. (3) 6-year expenditure period (A) In general An issue shall be treated as meeting the requirements of this paragraph if, as of the date of issuance, the issuer reasonably expects 100 percent of the available project proceeds to be spent for purposes described in section 301 of the Rebuild America’s Schools Act of 2023 (B) Failure to spend required amount of bond proceeds within 6 years To the extent that less than 100 percent of the available project proceeds of the issue are expended at the close of the period described in subparagraph (A) with respect to such issue, the issuer shall redeem all of the nonqualified bonds within 90 days after the end of such period. For purposes of this paragraph, the amount of the nonqualified bonds required to be redeemed shall be determined in the same manner as under section 142. (e) Limitation on amount of bonds designated The maximum aggregate face amount of bonds issued during any calendar year which may be designated under subsection (d)(1)(D) by any issuer shall not exceed the limitation amount allocated under subsection (g) for such calendar year to such issuer. (f) National limitation on amount of bonds designated The national qualified school infrastructure bond limitation for each calendar year is— (1) $10,000,000,000 for 2023, (2) $10,000,000,000 for 2024, and (3) $10,000,000,000 for 2025. (g) Allocation of limitation (1) Allocations (A) States After application of subparagraph (B) and paragraph (3)(A), the limitation applicable under subsection (f) for a calendar year shall be allocated by the Secretary among the States in proportion to the respective amounts received by all local educational agencies in each State under part A of title I of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311 et seq. (B) Certain possessions One-half of 1 percent of the amount of the limitation applicable under subsection (f) for a calendar year shall be allocated by the Secretary to possessions of the United States other than Puerto Rico for such calendar year. (2) Allocations to schools The limitation amount allocated to a State or possession under paragraph (1) shall be allocated by the State educational agency (or such other agency as is authorized under State law to make such allocation) to issuers within such State or possession in accordance with the priorities described in subsections (c) and (d) of section 103 of the Rebuild America’s Schools Act of 2023 (3) Allocations for Indian schools (A) In general One-half of 1 percent of the amount of the limitation applicable under subsection (f) for any calendar year shall be allocated by the Secretary to the Secretary of the Interior for schools funded by the Bureau of Indian Affairs for such calendar year. (B) Allocation to schools The limitation amount allocated to the Secretary of the Interior under paragraph (1) shall be allocated by such Secretary to issuers or schools funded as described in paragraph (2). In the case of amounts allocated under the preceding sentence, Indian tribal governments shall be treated as qualified issuers for purposes of this subchapter. (4) Digital learning Up to 10 percent of the limitation amount allocated under paragraph (1) or (3)(A) may be allocated by the State to issuers within such State (in the case of an amount allocated under paragraph (1)) or by the Secretary of the Interior to issuers or schools funded by the Bureau of Indian Affairs (in the case of an amount allocated under paragraph (3)(A)) to carry out activities to improve digital learning in accordance with section 301(b) of the Rebuild America’s Schools Act of 2023 (h) Interest Payment Date For purposes of this section, the term interest payment date (i) Special Rules (1) Interest on school infrastructure bonds includible in gross income for federal income tax purposes For purposes of this title, interest on any school infrastructure bond shall be includible in gross income. (2) Application of certain rules Rules similar to the rules of subsections (f), (g), (h), and (i) of section 54A shall apply for purposes of the credit allowed under subsection (a). . (b) Credit allowed to issuer Section 6431(f)(3)(A) of such Code, as revived by section 201(b)(1), is amended by striking means any qualified tax credit bond means any bond if— (A) such bond is— (i) a qualified tax credit bond which is a qualified zone academy bond (as defined in section 54E) determined without regard to any allocation relating to the national zone academy bond limitation for years after 2010 or any carryforward of any such allocation, or (ii) any school infrastructure bond (as defined in section 54BB), and . (c) Application of certain labor standards Subchapter IV of chapter 31 section 54E (d) Conforming amendments (1) Section 6401(b)(1) and I I, and J (2) The table of subparts for part IV of subchapter A of chapter 1 of such Code, as amended by section 201(a), is amended by adding at the end the following: Subpart J—School infrastructure bonds . (e) Effective Date The amendments made by this section shall apply to obligations issued after December 31, 2023. 203. Annual report on bond program (a) In general Not later than September 30 of each fiscal year beginning after the date of the enactment of this Act, the Secretary of the Treasury shall submit to the appropriate congressional committees a report on the amendments made by sections 201 and 202. (b) Elements The report under paragraph (1) shall include, with respect to the fiscal year preceding the year in which the report is submitted, the following: (1) An identification of— (A) each local educational agency (if any) that received an allocation under section 54E(b)(2) or 54BB(g) of the Internal Revenue Code of 1986, and (B) each local educational agency (if any) that was eligible to receive such funds but did not receive such funds. (2) With respect to each local educational agency described in paragraph (1)— (A) an assessment of the capacity of the agency to raise funds for the long-term improvement of public school facilities, as determined by an assessment of— (i) the current and historic ability of the agency to raise funds for construction, renovation, modernization, and major repair projects for schools, including the ability of the agency to raise funds through imposition of property taxes, (ii) whether the agency has been able to issue bonds to fund construction projects, including— (I) qualified zone academy bonds under section 54E (II) school infrastructure bonds under section 54BB (iii) the bond rating of the agency, (B) the demographic composition of the student population served by the agency, disaggregated by— (i) race, (ii) the number and percentage of students counted under section 1124(c) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6333(c) (iii) the number and percentage of students who are eligible for a free or reduced price lunch under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq. (C) the population density of the geographic area served by the agency, (D) a description of the projects carried out with funds received from school infrastructure bonds, (E) a description of the demonstrable or expected benefits of the projects, and (F) the estimated number of jobs created by the projects. (3) The total dollar amount of all funds received by local educational agencies from school infrastructure bonds. (4) Any other factors that the Secretary of the Treasury determines to be appropriate. (c) Information collection A State or local educational agency that receives an allocation under section 54E(b)(2) or 54BB(g) of the Internal Revenue Code of 1986 shall— (1) annually compile the information necessary for the Secretary of the Treasury to determine the elements described in subsection (b), and (2) report the information to the Secretary of the Treasury at such time and in such manner as the Secretary of the Treasury may require. (d) Secretary of the Treasury For purposes of this section, the term Secretary of the Treasury III Uses of funds 301. Allowable uses of funds (a) In general Except as provided in section 302, a local educational agency that receives covered funds may use such funds to— (1) develop, maintain, and update (as necessary) the facilities master plan required under section 103(e); (2) construct, modernize, renovate, or retrofit public school facilities, which may include seismic retrofitting for schools vulnerable to seismic natural disasters; (3) decarbonize public school facilities through the adoption of all-electric space and water heating systems and cooking equipment, including other efficiency improvements and on-site renewable energy installation; (4) carry out major repairs of public school facilities, including deferred maintenance projects; (5) install furniture or fixtures with at least a 10-year life in public school facilities; (6) construct new public school facilities; (7) acquire and prepare sites on which new public school facilities will be constructed; (8) extend the life of basic systems and components of public school facilities; (9) ensure current or anticipated enrollment does not exceed the physical and instructional capacity of public school facilities; (10) ensure the building envelopes and interiors of public school facilities protect occupants from natural elements and human threats, and are structurally sound and secure; (11) compose building design plans that strengthen the safety and security on school premises by utilizing design elements, principles, and technology that— (A) guarantee layers of security throughout the school premises; and (B) uphold the aesthetics of the school premises as a learning and teaching environment; (12) improve energy and water efficiency to lower the costs of energy and water consumption in public school facilities; (13) improve indoor air quality in public school facilities; (14) reduce or eliminate the presence of— (A) toxic substances, including mercury, radon, PCBs, lead, per- and polyfluoroalkyl substances, and asbestos; (B) mold and mildew; or (C) rodents and pests; (15) ensure the safety of drinking water at the tap and water used for meal preparation in public school facilities, which may include testing of the potability of water at the tap for the presence of lead and other contaminants, including per- and polyfluoroalkyl substances; (16) bring public school facilities into compliance with applicable fire, health, and safety codes; (17) make public school facilities accessible to people with disabilities through compliance with the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. 29 U.S.C. 794 (18) provide instructional program space improvements for programs relating to early learning (including early learning programs operated by partners of the agency), special education, science, technology, career and technical education, physical education, music, the arts, and literacy (including library programs); (19) improving the public school facilities of magnet schools, or other instructional programs, designed to increase student diversity and decrease racial or socioeconomic isolation; (20) increase the use of public school facilities for the purpose of community-based partnerships that provide students with academic, health, and social services; (21) ensure the health of students and staff during the construction or modernization of public school facilities; or (22) reduce or eliminate excessive classroom noise due to activities allowable under this section. (b) Allowance for digital learning A local educational agency may use covered funds to leverage existing public programs or public-private partnerships to expand access to high-speed broadband sufficient for digital learning. 302. Prohibited uses (a) In general A local educational agency that receives covered funds may not use such funds for— (1) payment of routine and predictable maintenance costs and minor repairs; (2) any facility that is primarily used for athletic contests or exhibitions or other events for which admission is charged to the general public; (3) vehicles; or (4) central offices, operation centers, or other facilities that are not primarily used to educate students. (b) Additional prohibitions relating to charter schools No covered funds may be used— (1) for the facilities of a public charter school that is operated or managed by a for-profit entity; or (2) for the facilities of a public charter school if— (A) the school leases the facilities from an individual or for-profit entity; and (B) such individual, or an individual with a direct or indirect financial interest in such entity, has a management or governance role in such school. 303. Requirements for hazard resistance and energy and water conservation A local educational agency that receives covered funds shall ensure that any new construction, modernization, or renovation project carried out with such funds meets or exceeds the requirements of the following: (1) Requirements for such projects set forth in the most recent published edition of a nationally recognized, consensus-based model building code. (2) Requirements for such projects set forth in the most recent published edition of a nationally recognized, consensus-based model energy conservation code. (3) Performance criteria under the WaterSense program, established under section 324B of the of the Energy Policy and Conservation Act ( 42 U.S.C. 6294b (4) Indoor environmental air quality requirements applicable to such projects as set forth in the most recent published edition of a nationally recognized, consensus-based code or standard. 304. Green practices (a) In general A local educational agency that uses covered funds for a new construction. modernization, or renovation project shall ensure that such project for new construction is certified, verified, or consistent with the applicable provisions of— (1) the United States Green Building Council Leadership in Energy and Environmental Design green building rating standard (commonly known as the LEED Green Building Rating System (2) the Living Building Challenge developed by the International Living Future Institute; (3) a green building rating program developed by the Collaborative for High Performance Schools (commonly known as CHPS (4) the Green Building Initiative Green Globes rating system; or (5) a program that— (A) has standards that are equivalent to or more stringent than the standards of a program described in paragraphs (1) through (4); (B) is adopted by the State or another jurisdiction with authority over the agency; and (C) includes a verifiable method to demonstrate compliance with such program. 305. Use of American iron, steel, and manufactured products (a) In general A local educational agency that receives covered funds shall ensure that any iron, steel, and manufactured products used in projects carried out with such funds are produced in the United States. (b) Waiver authority (1) In general The Secretary may waive the requirement of subsection (a) if the Secretary determines that— (A) applying subsection (a) would be inconsistent with the public interest; (B) iron, steel, and manufactured products produced in the United States are not produced in a sufficient and reasonably available amount or are not of a satisfactory quality; or (C) using iron, steel, and manufactured products produced in the United States will increase the cost of the overall project by more than 25 percent. (2) Publication Before issuing a waiver under paragraph (1), the Secretary shall publish in the Federal Register a detailed written explanation of the waiver determination. (c) Consistency with international agreements This section shall be applied in a manner consistent with the obligations of the United States under international agreements. (d) Definitions In this section: (1) Produced in the united states The term produced in the United States (A) When used with respect to a manufactured product, the product was manufactured in the United States and the cost of the components of such product that were mined, produced, or manufactured in the United States exceeds 60 percent of the total cost of all components of the product. (B) When used with respect to iron or steel products, or an individual component of a manufactured product, all manufacturing processes for such iron or steel products or components, from the initial melting stage through the application of coatings, occurred in the United States, except that the term does not include— (i) steel or iron material or products manufactured abroad from semi-finished steel or iron from the United States; and (ii) steel or iron material or products manufactured in the United States from semi-finished steel or iron of foreign origin. (2) Manufactured product The term manufactured product (A) electrical components; and (B) nonferrous building materials, including aluminum and polyvinylchloride (PVC), glass, fiber optics, plastic, wood, masonry, rubber, manufactured stone, any other nonferrous metals, and any unmanufactured construction material. IV REPORTS AND OTHER MATTERS 401. Comptroller General report (a) In general Not later than 2 years after the date on which the majority of States receiving allocations under section 102 have made grants to local educational agencies under section 103, the Comptroller General of the United States shall submit to the appropriate congressional committees a report on the projects carried out with covered funds. (b) Elements The report under subsection (a) shall include an assessment of— (1) State activities, including— (A) criteria used by each State to determine high-need students and facilities for purposes of the projects carried out with covered funds; and (B) whether the State issued new regulations to ensure the health and safety of students and staff during construction or renovation projects or to ensure safe, healthy, and high-performing school buildings; (2) the types of projects carried out with covered funds, including— (A) the square footage of the improvements made with covered funds; (B) the total cost of each such project; and (C) the costs of the project disaggregated by the costs for planning, design, construction, site purchase, and improvements; (3) the geographic distribution of the projects; (4) an assessment of the impact of selected projects (as identified by the Secretary) on the health and safety of school staff and students; and (5) how the Secretary or States could make covered funds more accessible— (A) to schools with the highest numbers and percentages of students counted under section 1124(c) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6333(c) (B) to schools with fiscal challenges in raising capital for school infrastructure projects. (c) Updates The Comptroller General shall update and resubmit the report under this section to the appropriate congressional committees— (1) on a date that is between 5 and 6 years after the date of the submittal of the first report under this section; and (2) on a date that is between 10 and 11 years after the date of the submittal of such first report. 402. Study and report on physical condition of public schools (a) Study and report Not less frequently than once in each 5-year period beginning after the date of the enactment of this Act, the Secretary, acting through the Director of the Institute of Education Sciences, shall— (1) carry out a comprehensive study of the physical conditions of all public schools in each State and outlying area; and (2) submit a report to the appropriate congressional committees that includes the results of the study. (b) Elements Each study and report under subsection (a) shall include— (1) an assessment of— (A) the effect of school facility conditions on student and staff health and safety; (B) the effect of school facility conditions on student academic outcomes; (C) the condition of school facilities, set forth separately by geographic region; (D) the condition of school facilities for economically disadvantaged students as well as students from major racial and ethnic subgroups; (E) the accessibility of school facilities for students and staff with disabilities; (F) the prevalence of school facilities at which student enrollment exceeds the physical and instructional capacity of the facility and the effect of such excess enrollment on instructional quality and delivery of school wraparound services; (G) the condition of school facilities affected by natural disasters; (H) the effect that projects carried out with covered funds have on the communities in which such projects are conducted, including the vitality, jobs, population, and economy of such communities; (I) the ability of building envelopes and interiors of public school facilities to protect occupants from natural elements and human threats; and (J) the performance of school facilities projects with respect to energy and water efficiency and climate mitigation and resilience; (2) an explanation of any differences observed with respect to the factors described in subparagraphs (A) through (J) of paragraph (1); and (3) a cost estimate for bringing school facilities to a state of good repair, as determined by the Secretary. 403. Office of School Infrastructure and Sustainability (a) Establishment Not later than 90 days after the date of enactment of this Act, the Secretary shall establish within the Department of Education an office to be known as the Office of School Infrastructure and Sustainability Office (b) Head of Office The head of the Office shall be an individual designated by the Secretary. (c) Duties The duties of the Office shall be— (1) to advise the Secretary on State plans under section 102; (2) to serve as a liaison with other departments and agencies of the Federal Government on matters relating to public school facilities, including the Department of Energy, the Department of Health and Human Services, the Department of the Treasury, the Federal Emergency Management Agency, and the Environmental Protection Agency; (3) to ensure the Department of Education is prepared to meet the requirements of this Act in a timely manner; and (4) to manage such other programs or initiatives affecting public school facilities as the Secretary determines appropriate. 404. Development of data standards (a) Data standards Not later than 120 days after the date of the enactment of this Act, the Secretary, in consultation with the officials described in subsection (b), shall— (1) identify the data that States should collect and include in the databases developed under section 102(a)(2)(B); (2) develop standards for the measurement of such data; and (3) issue guidance to States concerning the collection and measurement of such data. (b) Officials The officials described in this subsection are— (1) the Administrator of the Environmental Protection Agency; (2) the Secretary of Energy; (3) the Director of the Centers for Disease Control and Prevention; and (4) the Director of the National Institute for Occupational Safety and Health. 405. Information clearinghouse (a) In general Not later than 120 days after the date of the enactment of this Act, the Secretary shall establish a clearinghouse to disseminate information on Federal programs and financing mechanisms that may be used to assist schools in initiating, developing, and financing— (1) energy efficiency projects; (2) distributed generation projects; and (3) energy retrofitting projects. (b) Elements In carrying out subsection (a), the Secretary shall— (1) consult with the officials described in section 404(b) to develop a list of Federal programs and financing mechanisms to be included in the clearinghouse; and (2) coordinate with such officials to develop a collaborative education and outreach effort to streamline communications and promote the Federal programs and financing mechanisms included in the clearinghouse, which may include the development and maintenance of a single online resource that includes contact information for relevant technical assistance that may be used by States, outlying areas, local educational agencies, and Bureau-funded schools to effectively access and use such Federal programs and financing mechanisms. V Impact aid construction 501. Temporary increase in funding for impact aid construction Section 7014(d) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7714(d) (d) Construction For the purpose of carrying out section 7007, there are authorized to be appropriated $100,000,000 for each of fiscal years 2024 through 2028. . VI Assistance for repair of school foundations affected by pyrrhotite 601. Allocations to States (a) In general Beginning not later than 180 days after the date of the enactment of this Act, the Secretary shall carry out a program under which the Secretary makes allocations to States to pay the Federal share of the costs of making grants to local educational agencies under section 602. (b) Website Not later than 180 days after the date of enactment of this Act, the Secretary shall publish, on a publicly accessible website of the Department of Education, instructions describing how a State may receive an allocation under this section. 602. Grants to local educational agencies (a) In general From the amounts allocated to a State under section 601(a) and contributed by the State under subsection (e)(2), the State shall award grants to local educational agencies— (1) to pay the future costs of repairing concrete school foundations damaged by the presence of pyrrhotite; or (2) to reimburse such agencies for costs incurred by the agencies in making such repairs in the five-year period preceding the date of enactment of this Act. (b) Local educational agency eligibility (1) Eligibility for grants for future repairs To be eligible to receive a grant under subsection (a)(1), a local educational agency shall— (A) with respect to each school for which the agency seeks to use grant funds, demonstrate to the State that— (i) the school is a pyrrhotite-affected school; and (ii) any laboratory tests, core tests, and visual inspections of the school’s foundation used to determine that the school is a pyrrhotite-affected school were conducted— (I) by a professional engineer licensed in the State in which the school is located; and (II) in accordance with applicable State standards or standards approved by any independent, nonprofit, or private entity authorized by the State to oversee construction, testing, or financial relief efforts for damaged building foundations; and (B) provide an assurance that— (i) the local educational agency will use the grant only for the allowable uses described in subsection (f)(1); and (ii) all work funded with the grant will be conducted by a qualified contractor or architect licensed in the State. (2) Eligibility for reimbursement grants To be eligible to receive a grant under subsection (a)(2), a local educational agency shall demonstrate that it met the requirements of paragraph (1) at the time it carried out the project for which the agency seeks reimbursement. (c) Application (1) In general A local educational agency that seeks a grant under this section shall submit to the State an application at such time, in such manner, and containing such information as the State may require, which upon approval by the State under subsection (d)(1)(A), the State shall submit to the Secretary for approval under subsection (d)(1)(B). (2) Contents At minimum, each application shall include— (A) information and documentation sufficient to enable the State to determine if the local educational agency meets the eligibility criteria under subsection (b); (B) in the case of an agency seeking a grant under subsection (a)(1), an estimate of the costs of carrying out the activities described in subsection (f); (C) in the case of an agency seeking a grant under subsection (a)(2)— (i) an itemized explanation of— (I) the costs incurred by the agency in carrying out any activities described subsection (f); (II) any amounts contributed from other Federal, State, local, or private sources for such activities; and (ii) the amount for which the local educational agency seeks reimbursement; and (D) the percentage of any costs described in subparagraph (B) or (C) that are covered by an insurance policy. (d) Approval and disbursement (1) Approval (A) State The State shall approve, for submission to the Secretary, the application of each local educational agency that— (i) submits a complete and correct application under subsection (c); and (ii) meets the criteria for eligibility under subsection (b). (B) Secretary Not later than 60 days after receiving an application of a local educational agency submitted by a State under subsection (c)(1), the Secretary shall— (i) approve such application, in a case in which the Secretary determines that such application meets the requirements of subparagraph (A); or (ii) deny such application, in the case of an application that does not meet such requirements. (2) Disbursement (A) Allocation The Secretary shall disburse an allocation to a State not later than 60 days after the date on which the Secretary approves an application under paragraph (1)(B). (B) Grant The State shall disburse grant funds to a local educational agency not later than 60 days after the date on which the State receives an allocation under subparagraph (A). (e) Federal and State share (1) Federal share The Federal share of each grant under this section shall be an amount that is not more than 50 percent of the total cost of the project for which the grant is awarded. (2) State share (A) In general Subject to subparagraph (B), the State share of each grant under this section shall be an amount that is not less than 40 percent of the total cost of the project for which the grant is awarded, which the State shall contribute from non-Federal sources. (B) Special rule for reimbursement grants In the case of a reimbursement grant made to a local educational agency under subsection (a)(2), a State shall be treated as meeting the requirement of subparagraph (A) if the State demonstrates that it contributed, from non-Federal sources, not less than 40 percent of the total cost of the project for which the reimbursement grant is awarded. (f) Uses of funds (1) Allowable uses of funds A local educational agency that receives a grant under this section shall use such grant only for costs associated with— (A) the repair or replacement of the concrete foundation or other affected areas of a pyrrhotite-affected school in the jurisdiction of such agency to the extent necessary— (i) to restore the structural integrity of the school to the safety and health standards established by the professional licensed engineer or architect associated with the project; and (ii) to restore the school to the condition it was in before the school’s foundation was damaged due to the presence of pyrrhotite; and (B) engineering reports, architectural design, core tests, and other activities directly related to the repair or replacement project. (2) Prohibited uses of funds A local educational agency that receives a grant under this section may not use the grant for any costs associated with— (A) work done to outbuildings, sheds, or barns, swimming pools (whether in-ground or above-ground), playgrounds or ballfields, or any ponds or water features; (B) the purchase of items not directly associated with the repair or replacement of the school building or its systems, including items such as desks, chairs, electronics, sports equipment, or other school supplies; or (C) any other activities not described in paragraph (1). (g) Limitation A local educational agency may not, for the same project, receive a grant under both— (1) this section; and (2) title I. 603. Definitions In this title: (1) Pyrrhotite-affected school The term pyrrhotite-affected school (A) The school has a concrete foundation. (B) Pyrrhotite is present in the school’s concrete foundation, as demonstrated by a petrographic or other type of laboratory core analysis or core inspection. (C) A visual inspection of the school’s concrete foundation indicates that the presence of pyrrhotite is causing the foundation to deteriorate at an unsafe rate. (D) A qualified engineer determined that the deterioration of the school’s foundation, due to the presence of pyrrhotite— (i) caused the school to become structurally unsound; or (ii) will result in the school becoming structurally unsound within the next five years. (2) Qualified contractor The term qualified contractor 604. Authorization of appropriations There are authorized to be appropriated to carry out this title such sums as may be necessary for fiscal year 2024 and each fiscal year thereafter.

Rebuild America’s Schools Act of 2023

Small Business Growth Act This bill increases from $1 million to $2.5 million the limitation on expensing of depreciable business assets. It also increases the asset threshold amount used to reduce the expensing limitation.

118 S2609 IS: Small Business Growth Act U.S. Senate 2023-07-27 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 2609 IN THE SENATE OF THE UNITED STATES July 27, 2023 Mr. Barrasso Mr. Lankford Mrs. Blackburn Mr. Tillis Mr. Braun Mr. Risch Mr. Cramer Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to increase the dollar limitation for the election to expense certain depreciable business assets. 1. Short title This Act may be cited as the Small Business Growth Act 2. Increase in limitations on expensing of depreciable business assets (a) In general Section 179(b) (1) by striking $1,000,000 $2,500,000 (2) by striking $2,500,000 $4,000,000 (b) Inflation adjustment Section 179(b)(6)(A) of such Code is amended— (1) by striking 2018 2024 (2018 in the case of the dollar amount in paragraph (5)(A)) (2) by striking calendar year 2017 calendar year 2023 calendar year 2017 (c) Effective date The amendments made by this section shall apply to property placed in service in taxable years beginning after December 31, 2023.

Small Business Growth Act

Protecting First Responders from Secondary Exposure Act of 2023 This bill expands the allowable uses of grant funds under the Comprehensive Opioid, Stimulant, and Substance Abuse Program administered by the Department of Justice. Specifically, the bill allows grants to be used for purchasing containment devices for first responders and training first responders on the use of containment devices to prevent secondary exposure to fentanyl and other potentially lethal substances.

118 S261 IS: Protecting First Responders from Secondary Exposure Act of 2023 U.S. Senate 2023-02-02 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 261 IN THE SENATE OF THE UNITED STATES February 2, 2023 Mr. Brown Mr. Grassley Committee on the Judiciary A BILL To amend the Omnibus Crime Control and Safe Streets Act of 1968 to authorize the use of grant amounts for providing training and resources for first responders on the use of containment devices to prevent secondary exposure to fentanyl and other potentially lethal substances, and purchasing such containment devices for use by first responders. 1. Short title This Act may be cited as the Protecting First Responders from Secondary Exposure Act of 2023 2. Preventing first responder secondary exposure to fentanyl Section 3021(a) of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10701(a) (1) by redesignating paragraphs (4) through (10) as paragraphs (5) through (11), respectively; and (2) by inserting after paragraph (3) the following: (4) Providing training and resources for first responders on the use of containment devices to prevent secondary exposure to fentanyl and other potentially lethal substances, and purchasing such containment devices for use by first responders. .

Protecting First Responders from Secondary Exposure Act of 2023

Promoting American Competition in Aquaculture Research Act This bill amends certain limitations on the use of Department of Agriculture (USDA) funding for indirect costs for aquaculture assistance programs. The bill also reauthorizes USDA aquaculture assistance programs through FY2028, which includes research and extension programs.

118 S2619 IS: Promoting American Competition in Aquaculture Research Act U.S. Senate 2023-07-27 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 2619 IN THE SENATE OF THE UNITED STATES July 27, 2023 Ms. Hirono Mr. Wicker Committee on Agriculture, Nutrition, and Forestry A BILL To amend the National Agricultural Research, Extension, and Teaching Policy Act of 1977 to eliminate the prohibition on indirect costs with respect to aquaculture assistance, and for other purposes. 1. Short title This Act may be cited as the Promoting American Competition in Aquaculture Research Act 2. Reauthorizing aquaculture assistance programs; treatment of indirect costs (a) In general Section 1477(a) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3324(a) (1) in paragraph (1), by striking and (2) in paragraph (2), by striking the period at the end and inserting ; and (3) by adding at the end the following: (3) $15,000,000 for each of fiscal years 2024 through 2028. . (b) Indirect costs Section 1477 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3324 (c) Indirect costs Effective beginning on the date of enactment of this subsection— (1) the limitation with respect to indirect costs under section 1462 shall apply with respect to awards made under this subtitle; and (2) the limitation with respect to indirect costs under section 1473 shall not apply with respect to those awards. .

Promoting American Competition in Aquaculture Research Act

Stop Spying Bosses Act This bill establishes requirements for employers with respect to the collection and disclosure of certain worker data. The requirements apply to employers with more than 10 workers, including government employers. For example, employers must disclose to their workers (including job applicants) any workplace surveillance by the employer, including (1) what data is collected, (2) how the data is used, and (3) how such surveillance affects workers' performance assessments. Further, employers may not use workplace surveillance for certain purposes, such as to (1) monitor a worker's activities related to a labor organization, (2) collect a worker's health information that is unrelated to the worker's job duties, (3) monitor a worker who is off duty or in a sensitive area, or (4) use an automated decision system (e.g., machine learning or artificial intelligence techniques) to predict the behavior of a worker that is unrelated to the worker's job . Employers must disclose to a worker any work-related decision that relies on workplace surveillance data and allow the worker to review the data. Employers also must meet certain requirements before transferring surveillance data to a third party. Additionally, the bill establishes the Privacy and Technology Division within the Department of Labor to implement and enforce the workforce surveillance requirements. The bill also provides for enforcement by private right of action, states, and other specified agencies.

118 S262 IS: Stop Spying Bosses Act U.S. Senate 2023-02-02 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 262 IN THE SENATE OF THE UNITED STATES February 2, 2023 Mr. Casey Mr. Booker Mr. Schatz Mr. Fetterman Ms. Warren Committee on Health, Education, Labor, and Pensions A BILL To prohibit, or require disclosure of, the surveillance, monitoring, and collection of certain worker data by employers, and for other purposes. 1. Short title This Act may be cited as the Stop Spying Bosses Act 2. Definitions For purposes of this Act: (1) Administrator The term Administrator (2) Aggregated data The term aggregated data (3) Applicant The term applicant (4) Automated decision system (A) In general The term automated decision system (i) uses computation, in whole or in part, to determine outcomes, make or aid decisions (including through evaluations, metrics, or scoring), inform policy implementation, collect data or observations, or otherwise interact with individuals or communities, including such a system, software, or process derived from machine learning, statistics, or other data processing or artificial intelligence techniques; and (ii) is not passive computing infrastructure. (B) Passive computing infrastructure For purposes of this paragraph, the term passive computing infrastructure (5) Automated decision system output The term automated decision system output (6) Biometric information (A) In general The term biometric information (i) fingerprints; (ii) voice prints; (iii) iris or retina scans; (iv) facial or hand mapping, geometry, or templates; or (v) gait or personally identifying physical movements. (B) Exclusion The term biometric information (i) a digital or physical photograph; (ii) an audio or video recording; or (iii) information generated from a digital or physical photograph, or an audio or video recording, that cannot be used to identify an individual. (7) Covered individual The term covered individual (A) who is employed by, or otherwise performing work for remuneration for, the employer, including such an individual who is— (i) any individual performing work for remuneration for an employer described in clauses (i)(I) and (ii) of paragraph (10)(A); (ii) any individual performing work for remuneration for an entity described in paragraph (10)(A)(i)(II); (iii) any individual performing work for remuneration for an employing office described in paragraph (10)(A)(i)(III); (iv) any individual performing work for remuneration for an employing office described in paragraph (10)(A)(i)(IV); or (v) any individual performing work for remuneration for an employing agency described in paragraph (10)(A)(i)(V); or (B) who is an applicant to the employer. (8) Data The term data (A) personally identifiable information with respect to the covered individual, including any name, contact information, government-issued identification number, financial information, criminal background, location information, photographs, biometric information, or employment history associated with the covered individual; (B) any information related to the workplace activities with respect to the covered individual, including— (i) human resources information, including the contents of a personnel file or performance evaluation; (ii) work process information, such as productivity and efficiency information and information on breaks; (iii) information that captures workplace communications and interactions, including emails, texts, internal message boards, and customer interaction and ratings; (iv) device usage and information, including calls placed or precise geolocation information; (v) audio-video information and other information collected from sensors, including movement tracking, images, videos, and thermal-sensor information; (vi) biometric information; (vii) information from a personality test taken by a covered individual, including such a test given electronically at the beginning of or during a work shift; (viii) inputs for an automated decision system or any automated decision system output; and (ix) information that is collected or generated to mitigate the spread of infectious diseases, including COVID–19, or to comply with any public health measure; and (C) online information with respect to the covered individual that is collected while the covered individual is on- or off-duty, including any internet protocol address associated with the covered individual, the social media activity of the covered individual, any advertisement-related tracking identifier associated with the covered individual, the internet browsing history of the covered individual, or other digital sources or unique identifiers associated with the covered individual. (9) Employ The term employ 29 U.S.C. 203 (10) Employer (A) In general The term employer (i) (I) a covered employer who is not described in any other subclause of this clause; (II) an entity employing a State employee described in section 304(a) of the Government Employee Rights Act of 1991 (42 U.S.C. 2000e–16c(a)); (III) an employing office, as defined in section 101 of the Congressional Accountability Act of 1995 ( 2 U.S.C. 1301 (IV) an employing office, as defined in section 411(c) of title 3, United States Code; or (V) an employing agency covered under subchapter V of chapter 63 (ii) engaged in commerce (including government), or an industry or activity affecting commerce (including government). (B) Covered employer In subparagraph (A), the term covered employer (i) means any person engaged in commerce or in any industry or activity affecting commerce who employs, or otherwise engages for the performance of work for remuneration, 11 or more covered individuals; (ii) includes— (I) any person who acts, directly or indirectly, in the interest of a covered employer in relation to any individual performing work for remuneration for such covered employer; (II) any successor in interest of a covered employer; (III) any public agency; and (IV) the Government Accountability Office and the Library of Congress; and (iii) does not include any labor organization (other than when acting as an employer) or anyone acting in the capacity of officer or agent of such labor organization. (C) Public agency For purposes of this paragraph, a public agency shall be considered to be a person engaged in commerce or in an industry or activity affecting commerce. (D) Definitions For purposes of this paragraph, the terms commerce person public agency 29 U.S.C. 203 (11) Employment-related decision The term employment-related decision (A) hiring a covered individual (including any decision with regard to interviewing or reviewing an applicant); (B) firing, taking a disciplinary action against, demoting, or reassigning duties of a covered individual; or (C) any other term, condition, or privilege of employment or work of the covered individual, such as relating to pay, scheduling, or hours worked or promoting a covered individual. (12) Government entity The term government entity (A) a Federal agency (as such term is defined in section 3371 of title 5, United States Code); (B) a State or political subdivision thereof; (C) any agency, authority, or instrumentality of a State or political subdivision thereof; or (D) a Tribal government or political subdivision thereof. (13) Indian Tribe The term Indian Tribe 25 U.S.C. 5131 (14) Labor organization The term labor organization 29 U.S.C. 152(5) (A) any organization composed of labor organizations, such as a labor union federation or a State or municipal labor body; and (B) any organization which would be included in the definition for such term under such section 2(5) but for the fact that the organization represents— (i) individuals employed by the United States, any wholly owned Government corporation, any Federal Reserve Bank, or any State or political subdivision thereof; (ii) individuals employed by persons subject to the Railway Labor Act ( 45 U.S.C. 151 et seq. (iii) individuals employed as agricultural laborers. (15) Precise geolocation information (A) In general The term precise geolocation information (B) Exclusion The term precise geolocation information (16) Predispute arbitration agreement The term predispute arbitration agreement (17) Predispute joint-action waiver The term predispute joint-action waiver (18) Secretary The term Secretary (19) Sell The term sell (20) Service provider The term service provider (A) collects, processes, conveys, or maintains data with respect to such employer only at the direction of, in accordance with the direction of, and pursuant to a written contract with the employer (including any terms of service or service agreements); (B) does not earn revenue from such collection, processing, conveyance, or maintenance of such data, except from the employer by providing contracted services to the employer with regard to such collection, processing, conveyance, or maintenance of such data; and (C) does not combine or link data associated with such employer with data associated with another employer. (21) Social media activity The term social media activity (22) State The term State (23) State attorney general The term State attorney general (A) with respect to a State, the attorney general or chief law enforcement officer of the State, or another official or agency designated by the State to bring civil actions on behalf of the State or the residents of the State; and (B) with respect to a Tribal government, the attorney general or chief law enforcement officer of the Tribal government, or another official or agency designated by the Tribal government to bring civil actions on behalf of the Tribal government or the Indian Tribe of the Tribal government. (24) State privacy regulator The term State privacy regulator (A) the chief consumer protection officer of a State; or (B) a State consumer protection agency with expertise in data protection, including the California Privacy Protection Agency. (25) Technologist The term technologist (26) Third party The term third party (A) to which such employer transfers or is able to transfer data, including any subsidiary or corporate affiliate of such employer; and (B) that is not— (i) such employer; (ii) a service provider of such employer with respect to the data being transferred; or (iii) a government entity. (27) Transfer The term transfer (A) to a third party; or (B) in the case of a third party that releases, shares, leases, disseminates, discloses, makes available, or otherwise causes to be communicated, such data, to another person. (28) Tribal government The term Tribal government (29) Workplace surveillance The term workplace surveillance 3. Disclosure of certain workplace surveillance (a) In general An employer shall disclose, in accordance with subsections (b) and (c), to each covered individual described in subsection (b)(1) and publish in a manner that is conspicuous, freely accessible, and readily available for viewing by any such covered individual of the employer (including on the internet in a manner that is freely accessible and machine readable (in a form prescribed by the Secretary))— (1) any workplace surveillance on the covered individual by the employer, including— (A) what data are being collected; (B) how the data are being collected; (C) where and when the data are being collected; (D) the frequency of the collection; (E) where the storage of the data is located; (F) the business purposes for which the data are being used; and (G) as applicable, the identity of any third party or service provider— (i) used for such workplace surveillance; (ii) to which data from such workplace surveillance is transferred; and (iii) from which data of the covered individual is or may be purchased or acquired; and (2) how such workplace surveillance affects employment-related decisions by the employer, including with regard to the assessment of the performance and productivity of the covered individual. (b) Timing of disclosure (1) Initial disclosure An employer shall provide the disclosure required under subsection (a)— (A) in the case of— (i) a covered individual for whom an employment-related decision with regard to the hiring of the covered individual was made on or after the effective date of this section, to the covered individual not later than 30 days after the date on which the employer makes such employment-related decision; or (ii) a covered individual who is employed by, or otherwise performing work for remuneration for, the employer on such effective date or a covered individual for whom an employment-related decision with regard to the hiring of the covered individual was made on or after the date that is 5 years prior to the effective date of this section but before such effective date, to the covered individual not later than 60 days after such effective date; and (B) to each applicant of the employer prior to accepting an application by the applicant to be employed by, or otherwise perform work for remuneration for, the employer. (2) Subsequent disclosures Not later than 7 days after any information provided by an employer to a covered individual through a disclosure required under subsection (a) changes or after any new information required to be provided in such a disclosure becomes available, the employer shall provide the covered individual with an updated disclosure in accordance with such subsection. (c) Procedures for disclosure An employer shall provide the disclosure required under subsection (a) in a manner required by the Administrator that is— (1) accessible; (2) in plain language and in the primary language of the covered individual provided the disclosure; (3) in writing and available electronically; (4) accountable; (5) tailored to the purpose of the disclosure; (6) tailored to the covered individual; and (7) tailored to the level of risk. (d) Covered individual acknowledgment An employer shall obtain written or electronic acknowledgment from each covered individual provided a disclosure under subsection (a) of the receipt of the disclosure by the covered individual. (e) Worker data request and correction An employer shall enable a covered individual, upon request by the covered individual or as provided in section 4(c), to— (1) not later than 7 days after such request, obtain any data collected by the employer on the covered individual through workplace surveillance; and (2) in accordance with procedures established by the Administrator, have any such data that is incomplete or erroneous updated or corrected at any time. (f) Effective date This section shall take effect on the date that is 60 days after the date of enactment of this Act. 4. Prohibition of certain workplace surveillance (a) In general An employer or, as applicable, a third party or service provider that the employer uses for workplace surveillance may not— (1) use workplace surveillance to— (A) identify any covered individual who forms, joins, assists, or seeks to form, join, or assist, a labor organization; (B) monitor the activities of any covered individual concerning or related to a labor organization or with respect to engaging in protected concerted activity; (C) except as otherwise provided in law, ascertain any political opinion or activity, religious view, or other identity marker of the covered individual, that is unrelated to the performance of the job duties of the covered individual for the employer; (D) except as otherwise provided in law, collect information on or identify the health status, any health condition, or disability status of a covered individual, that is unrelated to the performance of the job duties of the covered individual for the employer; (E) except as otherwise required by law ascertain the immigration status of a covered individual; or (F) monitor the activities of any covered individual concerning or related to reporting the employer or such a third party or service provider for a violation of any other law, including monitoring for purposes of identifying a covered individual who has reported or intends to report the employer or such a third party or service provider; (2) use an automated decision system to predict behavior of a covered individual that is unrelated to the work of the covered individual for the employer; (3) use workplace surveillance to monitor a covered individual while the covered individual is off-duty or in a sensitive area, such as a restroom or locker room, location provided for the covered individual to express breast milk, or location provided for the covered individual to pray or participate in a religious activity; (4) use workplace surveillance on a covered individual in any manner that threatens the mental or physical health of the covered individual; (5) use data collected through workplace surveillance on a covered individual for a purpose that is not disclosed in accordance with section 3(a)(1)(F); or (6) sell or license data collected on a covered individual to any person (including a third party or service provider of the employer) or, except as otherwise provided in law, government entity. (b) Transfer of personally identifiable data (1) Employer An employer may not transfer data on a covered individual collected using workplace surveillance to a third party unless, for each instance of a transfer— (A) the employer— (i) discloses the transfer to the covered individual; and (ii) provides cybersecurity protections and encryption for the data; and (B) the covered individual does not opt out of the instance of the transfer. (2) Third party A third party that an employer uses for workplace surveillance may not transfer data on a covered individual, including any such data that was transferred to the third party by the employer in accordance with paragraph (1). (c) Employment-Related decisions An employer that makes an employment-related decision with regard to a covered individual using data from workplace surveillance shall— (1) not later than 7 days after making such an employment-related decision, disclose to the covered individual that such employment-related decision was made using data from workplace surveillance; and (2) not later than 7 days after such disclosure, enable the covered individual to— (A) review such data and related aggregated data for other similarly situated covered individuals of the employer; and (B) in accordance with the procedures described in section 3(e)(2), have any data described in paragraph (1) that is incomplete or erroneous updated or corrected. (d) Minimization (1) Collection An employer may not collect data on a covered individual that is not reasonably related to operations of the employer. (2) Employee access An employer shall restrict access to data on a covered individual by another covered individual of the employer based on the specific and reasonable business rationale of the employer that is proportionate to the need for such access. (e) Employer contracts with any third party or service provider that the employer uses for workplace surveillance An employer that uses a third party or service provider for workplace surveillance shall include in any contract between the employer and such third party or service provider entered into after the effective date of this section an agreement to comply with the requirements of this section. (f) Effective date This section shall take effect on the date that is 60 days after the date of enactment of this Act. 5. Establishment of privacy and technology division (a) In general There is established in the Department of Labor the Privacy and Technology Division. (b) Administrator of the privacy and technology division The President shall appoint an Administrator of the Privacy and Technology Division to head the Privacy and Technology Division. (c) Employees and advisory boards of the Division (1) In general The Administrator— (A) may select, appoint, and employ, without regard to the provisions of sections 3309 through 3318 of title 5, United States Code, individuals, including technologists, directly to positions in the competitive service, as defined in section 2102 of such title, to carry out the duties of the Administrator under this Act; and (B) may fix the compensation of the individuals described in subparagraph (A) without regard to chapter 51 and subchapter III of chapter 53 (2) Advisory boards (A) Establishment The Administrator shall establish the following advisory boards to advise and consult with in the exercise of the functions of the Administrator under this Act and to provide information on emerging practices relating to the treatment of data by employers: (i) The User Advisory Board, which shall be composed of experts in consumer protection, privacy, civil rights, disability law, labor organizations, and ethics. (ii) The Research Advisory Board, which shall be composed of individuals with academic and research expertise in privacy, cybersecurity, computer science, innovation, design, ethics, economics, law, disability law, labor organizations and public policy and representatives of labor organizations. (iii) The Product Advisory Board, which shall be composed of technologists, computer scientists, designers, product managers, attorneys, representatives of labor organizations, workplace technology experts, and other representatives of employers and employees. (iv) The Labor Advisory Board, which shall be composed of representatives of labor organizations and representatives of workers. (B) Appointments The Administrator shall appoint members to the advisory boards established under subparagraph (A) without regard to party affiliation. (C) Meetings Each advisory board established under subparagraph (A) shall meet— (i) at the call of the Administrator; and (ii) not less than 2 times annually. (D) Compensation and travel expenses A member of an advisory board established under subparagraph (A) who is not an officer or employee of the Federal Government shall— (i) be entitled to receive compensation at a rate fixed by the Administrator while attending meetings of the advisory board, including travel time; and (ii) receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 (E) Exemption from the Federal Advisory Committee Act Each advisory board established under subparagraph (A) shall be exempt from chapter 10 Federal Advisory Committee Act (3) Use of voluntary services The Administrator may, as may from time to time be needed, use any voluntary or uncompensated services. (4) Attorneys Attorneys appointed under this subsection may appear for and represent the Administrator in any litigation. (d) Offices (1) In general The principal office of the Privacy and Technology Division shall be in the District of Columbia. (2) Regional, local, and other offices The Administrator may establish regional, local, or other offices, including an office in the city of San Francisco, California, or the San Francisco Bay area in California. (e) Orders and guidance (1) In general The Secretary, acting through the Administrator and the Administrator of the Wage and Hour Division, may issue orders and guidance, as may be necessary or appropriate to enable the Secretary to carry out the purposes and objectives of this Act, and to prevent evasions thereof. (2) Consultation In issuing orders and guidance authorized under this subsection, the Secretary, acting through the Administrator and the Administrator of the Wage and Hour Division, may consult with Federal agencies that have jurisdiction over Federal privacy laws or expertise in privacy, including the Federal Trade Commission, and Federal agencies that have jurisdiction over labor and employment issues, including the Equal Employment Opportunity Commission, the National Labor Relations Board, the National Mediation Board, and the Merit Systems Protection Board. 6. Regulations (a) In general (1) Authority (A) In general Except as provided in paragraph (2), the Secretary, acting through the Administrator in consultation with the Administrator of the Wage and Hour Division, may prescribe such regulations as may be necessary to carry out this Act with respect to covered individuals described in section 2(7)(A) (other than covered individuals described in clauses (iii) through (v) of such section) and other individuals affected by employers described in subclause (I) or (II) of section 2(10)(A)(i), including individuals who are covered individuals described in section 2(7)(B) with respect to such employers. (B) Consultation In prescribing any regulations authorized under this paragraph, the Secretary, acting through the Administrator, may consult with Federal agencies that have jurisdiction over Federal privacy laws or expertise in privacy, including the Federal Trade Commission, and Federal agencies that have jurisdiction over labor and employment issues, including the Equal Employment Opportunity Commission and the National Labor Relations Board. (2) Government accountability office; library of congress The Comptroller General of the United States and the Librarian of Congress shall prescribe any regulations described in paragraph (1)(A) with respect to covered individuals of the Government Accountability Office and the Library of Congress, respectively, and other individuals affected by the Comptroller General of the United States and the Librarian of Congress, respectively. (b) Employees covered by congressional accountability act of 1995 (1) Authority Not later than 45 days after the Secretary prescribes any regulation under subsection (a)(1)(A), the Board of Directors of the Office of Compliance shall prescribe (in accordance with section 304 of the Congressional Accountability Act of 1995 ( 2 U.S.C. 1384 (2) Agency regulations The regulations prescribed under paragraph (1) shall be the same as substantive regulations promulgated by the Secretary under subsection (a)(1)(A) except insofar as the Board may determine, for good cause shown and stated together with the regulations prescribed under paragraph (1), that a modification of such regulations would be more effective for the implementation of the rights and protections involved under this section. (c) Employees covered by chapter 5 (1) Authority Not later than 45 days after the Secretary prescribes any regulation under subsection (a)(1)(A), the President (or the designee of the President) shall prescribe such regulations as may be necessary to carry out this Act with respect to covered individuals described in section 2(7)(A)(iv) and other individuals affected by employers described in section 2(10)(A)(i)(IV), including individuals who are covered individuals described in section 2(7)(B) with respect to such employers. (2) Agency regulations The regulations prescribed under paragraph (1) shall be the same as substantive regulations promulgated by the Secretary under subsection (a)(1)(A) except insofar as the President (or designee) may determine, for good cause shown and stated together with the regulations prescribed under paragraph (1), that a modification of such regulations would be more effective for the implementation of the rights and protections involved under this section. (d) Employees covered by chapter 63 (1) Authority Not later than 45 days after the Secretary prescribes any regulation under subsection (a)(1)(A), the Director of the Office of Personnel Management shall prescribe such regulations as may be necessary to carry out this Act with respect to covered individuals described in section 2(7)(A)(v) and other individuals affected by employers described in section 2(10)(A)(i)(V), including individuals who are covered individuals described in section 2(7)(B) with respect to such employers. (2) Agency regulations The regulations prescribed under paragraph (1) shall be the same as substantive regulations promulgated by the Secretary under subsection (a)(1)(A) except insofar as the Director may determine, for good cause shown and stated together with the regulations prescribed under paragraph (1), that a modification of such regulations would be more effective for the implementation of the rights and protections involved under this section. 7. Whistleblower protections No employer shall discriminate or retaliate (including through intimidation, threats, coercion, or harassment) against any covered individual of the employer— (1) for exercising, or attempting to exercise, any right provided under this Act; or (2) because the covered individual (or another individual acting at the request of the covered individual) has— (A) filed a written or oral complaint to the employer or a Federal, State, or local government entity of a violation of section 3 or 4; (B) sought assistance or intervention with respect to a worker privacy-related concern from the employer, a Federal, State, or local government, or a worker representative; (C) instituted, caused to be instituted, or otherwise participated in any inquiry or proceeding under or related to this Act; (D) given, or is about to give, any information in connection with any inquiry or proceeding relating to any right provided under this Act; or (E) testified, or is about to testify, in any inquiry or proceeding relating to any right provided under this Act. 8. Enforcement (a) In general (1) Definition For purposes of this subsection: (A) Covered individual The term covered individual (i) described in section 2(7)(A) (other than covered individuals described in clauses (iii) through (v) of such section); or (ii) described in section 2(7)(B) with respect to an employer. (B) Employer The term employer (2) Enforcement by the privacy and technology division (A) Investigation (i) In general To ensure compliance with the provisions of this Act, or any regulation or order issued under this Act, the Secretary, acting through the Administrator— (I) shall have the investigative authority provided under section 11(a) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 211(a) (II) may require, by general or special orders, an employer or third party or service provider with respect to the employer, to file with the Secretary, in such form as the Secretary may prescribe, annual or special reports or answers in writing to specific questions, furnishing to the Secretary such information or records as the Secretary may require as to the organization, business, conduct, practices, management, and relation to other corporations, partnerships, and individuals, of the employer. (ii) Reports and answers An employer or third party or service provider with respect to the employer shall file the reports and answers (including information and records) required under clause (i)(II) in such manner, including under oath or otherwise, and within such reasonable time period as the Secretary may require. (iii) Joint investigations The Secretary, acting through the Administrator, may conduct investigations and make requests for information, as authorized under this Act, on a joint basis with another Federal agency, a State attorney general, or a State agency. (iv) Obligation to keep, preserve, and make available records An employer or third party or service provider with respect to the employer shall make, keep, preserve, and make available to the Secretary records pertaining to compliance with this Act in accordance with section 11(c) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 211(c) (B) Enforcement With respect to employers, covered individuals, and third parties and service providers with respect to employers, the Secretary, acting through the Administrator, shall receive, investigate, and attempt to resolve complaints of violations of section 3, 4, or 7 in the same manner that the Secretary receives, investigates, and attempts to resolve complaints of violations of sections 6 and 7 of the Fair Labor Standards Act of 1938 (29 U.S.C. 206 and 207). (C) Priority For purposes of subparagraphs (A) and (B), the Secretary shall prioritize industries with high rates of workplace surveillance and at high risk of workplace-surveillance-related health impacts. (D) Referral for criminal proceedings If the Secretary, in the course of the performance of any act or duty under this Act, obtains evidence that any employer has engaged in conduct that may constitute a violation of Federal criminal law, the Secretary shall refer the matter to the Attorney General for prosecution under any applicable law. Nothing in this paragraph shall affect any other authority of the Secretary to disclose information. (E) Litigation The Solicitor of Labor may appear for and represent the Secretary on any litigation brought under this subsection. (3) Private right of action (A) In general (i) Covered individual Notwithstanding any action by the Secretary under paragraph (2)(B), any covered individual adversely affected by an alleged violation of section 3, 4, or 7, may commence a civil action against any person that violates such section in any Federal court of competent jurisdiction. (ii) Labor organization Notwithstanding any action by the Secretary under paragraph (2)(B), any labor organization adversely affected by an alleged violation of 4 or 7 may commence a civil action against any person that violates such section in any Federal court of competent jurisdiction. (B) Relief (i) In general In a civil action brought under subparagraph (A) in which the covered individual or labor organization prevails, the court may award the covered individual or labor organization— (I) damages of— (aa) an amount equal to the sum of any actual damages sustained by the covered individual; or (bb) not more than treble damages; (II) statutory damages described in clause (iv); (III) injunctive relief; and (IV) equitable relief. (ii) Attorney's fees In a civil action brought under subparagraph (A) in which the covered individual or labor organization prevails, the court shall award the covered individual or labor organization reasonable attorney's fees and litigation costs. (iii) Temporary relief for whistleblowers In a civil action brought under subparagraph (A) regarding a violation of section 7, the court may award the covered individual or labor organization temporary relief while the case is pending, including reinstatement. (iv) Statutory damages The court may, in accordance with clause (v), award statutory damages under clause (i)(II) against a person in the following amounts: (I) Failure to comply with disclosure requirements For a violation of section 3, the court may award— (aa) for the first such violation, damages of an amount not more than $500 for each covered individual impacted; and (bb) for any subsequent violation, damages for each covered individual impacted in an amount of not more than $500 more than the amount of the damages awarded per covered individual for the violation immediately preceding such subsequent violation. (II) Using surveillance data for prohibited activities For each violation of section 4, the court may award— (aa) damages of an amount not less than $5,000 and not more than $20,000; or (bb) for any willful or repeated violation, damages of an amount not less than $10,000 and not more than $40,000. (III) Retaliation on whistleblowers For each violation of section 7, the court may award— (aa) damages of an amount not less than $5,000 and not more than $50,000; or (bb) for any willful or repeated violation, damages of an amount not less than $10,000 and not more than $100,000. (v) Considerations for statutory damages In determining the amount of statutory damages assessed under clause (iv), the court shall consider any relevant circumstances presented by the parties to the action, including— (I) the nature and seriousness of the violation; (II) the number of violations; (III) the persistence of the misconduct; (IV) the length of time over which the misconduct occurred; (V) the willfulness of the misconduct of person; and (VI) the assets, liabilities, and net worth of the person. (C) Rights of the Secretary and a State attorney general Prior to an covered individual or labor organization bringing a civil action under subparagraph (A), such covered individual or labor organization shall, in writing, notify the Secretary and any relevant State attorney general of the intent to commence such civil action. Upon receiving such notice, the Secretary and State attorney general shall each, not later than 60 days after receiving such notice— (i) determine whether to intervene in such action and, upon intervening— (I) be heard on all matters arising in such action; and (II) file petitions for appeal of a decision in such action; and (ii) notify such covered individual or labor organization. (D) Remedies for state employees (i) Waiver of sovereign immunity A State’s receipt or use of Federal financial assistance for any program or activity of a State shall constitute a waiver of sovereign immunity, under the 11th Amendment to the Constitution of the United States or otherwise, to a suit brought by a covered individual of that program or activity, or a labor organization representing such a covered individual, under this paragraph for equitable, legal, or other relief authorized under this paragraph. (ii) Official capacity An official of a State may be sued in the official capacity of the official by any covered individual or such a labor organization who has complied with the procedures under this paragraph, for injunctive relief that is authorized under this paragraph. In such a suit the court may award to the prevailing party those costs authorized by section 722 of the Revised Statutes ( 42 U.S.C. 1988 (iii) Applicability With respect to a particular program or activity, clause (i) applies to conduct that occurs— (I) after the date of enactment of this Act; and (II) on or after the day on which a State first receives or uses Federal financial assistance for that program or activity. (iv) Definition of program or activity In this subparagraph, the term program or activity 42 U.S.C. 2000d–4a (E) Remedies for Tribal government employees (i) Waiver of sovereign immunity A Tribal government's receipt or use of Federal financial assistance for any program or activity of the Tribal government shall constitute a waiver of sovereign immunity to a suit brought by a covered individual of that program or activity, or a labor organization representing such a covered individual, under this paragraph for equitable, legal, or other relief authorized under this paragraph. (ii) Official capacity An official of a Tribal government may be sued in the official capacity of the official by any covered individual or such a labor organization who has complied with the procedures under this paragraph for injunctive relief that is authorized under this paragraph. In such a suit the court may award to the prevailing party those costs authorized by section 722 of the Revised Statutes ( 42 U.S.C. 1988 (iii) Applicability With respect to a particular program or activity, clause (i) applies to conduct that occurs— (I) after the date of enactment of this Act; and (II) on or after the day on which a Tribal government first receives or uses Federal financial assistance for that program or activity. (iv) Definition of program or activity In this subparagraph, the term program or activity 42 U.S.C. 2000d–4a (4) Enforcement by the government accountability office and library of congress Notwithstanding any other provision of this subsection, in the case of the Government Accountability Office and the Library of Congress, the authority of the Secretary under this subsection shall be exercised respectively by the Comptroller General of the United States and the Librarian of Congress, respectively. (b) Employees covered by congressional accountability act of 1995 The powers, remedies, and procedures provided in the Congressional Accountability Act of 1995 ( 2 U.S.C. 1301 et seq. 2 U.S.C. 1301 2 U.S.C. 1312(a)(1) (c) Employees covered by chapter 5 The powers, remedies, and procedures provided in chapter 5 (d) Employees covered by chapter 63 The powers, remedies, and procedures provided in title 5, United States Code, to an employing agency, provided in chapter 12 of that title to the Merit Systems Protection Board, or provided in that title to any person, alleging a violation of chapter 63 of that title, shall be the powers, remedies, and procedures this Act provides to that agency, that Board, or any person, respectively, with regard to an allegation of a violation of section 3, 4, or 7 against a covered individual described in section 2(7)(A)(v) or described in section 2(7)(B) with respect to an employer described in section 2(10)(A)(i)(V). (e) Enforcement by States (1) In general In any case in which a State attorney general or a State privacy regulator has reason to believe that an interest of the residents of a State has been or is adversely affected by any person who violates any provision of section 3, 4, or 7, including a regulation or order prescribed under this Act, the State attorney general or State privacy regulator, as parens patriae, may bring a civil action on behalf of the residents of the State in an appropriate State court or an appropriate district court of the United States to— (A) enjoin further violation of such provision by the person; (B) compel compliance with such provision; (C) obtain damages, civil penalties, restitution, or other compensation on behalf of the residents of the State; or (D) obtain reasonable attorney's fees and other litigation costs reasonably incurred. (2) Rights of agency Before initiating a civil action under paragraph (1), the State attorney general or State privacy regulator, as the case may be, shall notify the Secretary in writing of such civil action. Upon receiving such notice, the Secretary may— (A) intervene in such action; and (B) upon intervening— (i) be heard on all matters arising in such civil action; and (ii) file petitions for appeal of a decision in such action. (3) Preemptive action by agency In any case in which a civil action is instituted by or on behalf of the Secretary for violation of this Act or a regulation promulgated under this Act, a State attorney general or State privacy regulator may not, during the pendency of such action, institute a civil action against any defendant named in the complaint in the action instituted by or on behalf of the Secretary for a violation that is alleged in such complaint. In a case brought by the Secretary that affects the interests of a State, the State attorney general or State privacy regulator may intervene as of right pursuant to the Federal Rules of Civil Procedure. (4) Preservation of state powers Except as provided in paragraph (3), no provision of this subsection shall be construed as altering, limiting, or affecting the authority of a State attorney general or State privacy regulator to— (A) bring an action or other regulatory proceeding arising solely under the laws in effect in that State; or (B) exercise the powers conferred on the State attorney general or State privacy regulator by the laws of the State, including the ability to conduct investigations, administer oaths or affirmations, or compel the attendance of witnesses or the production of documentary or other evidence. (f) Liability of an employer for a violation by a third party or service provider that the employer uses for workplace surveillance A violation of section 4 by a third party or service provider that the employer uses for workplace surveillance shall be considered a violation of such section by the employer if the employer knew or should have known about such violation. (g) Arbitration and class action Notwithstanding any other provision of law, no predispute arbitration agreement or predispute joint-action waiver shall be valid or enforceable with respect to any alleged violation of section 3, 4, or 7. 9. Report to Congress on workplace surveillance The Secretary, acting through the Administrator, shall— (1) using technologists and subject matter experts, conduct a study on workplace surveillance on covered individuals by employers, including such workplace surveillance through technological means; and (2) not later than 1 year after the date of enactment of this Act, and annually thereafter, submit to Congress, and make publicly available, a report on the findings of the study under paragraph (1), including any recommendations for the President and Congress targeted at reducing harms related to workplace surveillance on covered individuals. 10. Coordination In carrying out this Act, the Secretary, acting through the Administrator, shall coordinate with any appropriate Federal agency or State regulator to promote consistent regulatory treatment of workplace surveillance. 11. Relation to other laws Except as explicitly provided otherwise, nothing in this Act shall be construed to preempt, modify, limit, or supersede— (1) any provision of Federal or State law; or (2) the authority of the Federal Trade Commission, Equal Employment Opportunity Commission, National Labor Relations Board, or any other Federal agency. 12. Severability If any provision of this Act or the application of such provision to any person or circumstance is held to be unconstitutional, the remainder of this Act and the application of the provisions of such to all other persons or circumstances shall not be affected thereby.

Stop Spying Bosses Act

Department of Homeland Security Appropriations Act, 2024 This bill provides FY2024 appropriations for the Department of Homeland Security (DHS). Specifically, the bill provides appropriations to DHS for Departmental Management, Intelligence, Situational Awareness, and Oversight, including the Office of the Secretary and Executive Management; the Management Directorate; Intelligence, Analysis, and Situational Awareness; and the Office of the Inspector General. In addition, the bill provides appropriations for Security, Enforcement, and Investigations, including U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, the Transportation Security Administration, the U.S. Coast Guard, and the U.S. Secret Service. The bill provides appropriations for Protection, Preparedness, Response, and Recovery, including the Cybersecurity and Infrastructure Security Agency, and the Federal Emergency Management Agency (FEMA). The bill provides appropriations for Research, Development, Training, and Services, including U.S. Citizenship and Immigration Services, the Federal Law Enforcement Training Centers, the Science and Technology Directorate, and the Countering Weapons of Mass Destruction Office. The bill also sets forth requirements and restrictions for using funds provided by this and other appropriations acts.

118 S2625 RS: Department of Homeland Security Appropriations Act, 2024 U.S. Senate 2023-07-27 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II Calendar No. 188 118th CONGRESS 1st Session S. 2625 [Report No. 118–85] IN THE SENATE OF THE UNITED STATES July 27, 2023 Mr. Murphy Committee on Appropriations A BILL Making appropriations for the Department of Homeland Security for the fiscal year ending September 30, 2024, and for other purposes. That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the Department of Homeland Security for the fiscal year ending September 30, 2024, and for other purposes, namely: 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, $286,563,000: Provided, 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, $32,900,000, which shall be transferred to Federal Emergency Management Agency—Federal Assistance Management directorate OPERATIONS AND SUPPORT For necessary expenses of the Management Directorate for operations and support, including vehicle fleet modernization, $1,700,952,000: Provided, PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS For necessary expenses of the Management Directorate for procurement, construction, and improvements, $73,365,000, to remain available until September 30, 2026: Provided, 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, $341,497,000, of which $105,701,000 shall remain available until September 30, 2025: Provided, Office of the inspector general OPERATIONS AND SUPPORT For necessary expenses of the Office of the Inspector General for operations and support, $237,000,000: Provided, Administrative provisions 101. (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) 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 Senate and the House of Representatives not later than February 14, 2025. 102. 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 Senate and the House of Representatives 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. 103. (a) The Secretary of Homeland Security, in consultation with the Secretary of the Treasury, shall notify the Committees on Appropriations of the Senate and the House of Representatives 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 Senate and the House of Representatives are notified of the proposed transfer. 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. 105. (a) The Under Secretary for Management shall brief the Committees on Appropriations of the Senate and the House of Representatives 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; (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) the lifecycle cost estimate, adjusted for comparison to the Future Years Homeland Security Program, including— (A) the confidence level for the estimate; (B) the fiscal years included in the estimate; (C) 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) 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) 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) 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 Senate and the House of Representatives 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. 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) Prior to the obligation of any such funds made available for Operations and Support (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) 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; and (3) an implementation plan, including milestones, cost estimates, and implementation schedules, including a projected end date. (d) 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 Senate and the House of Representatives 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 March 15, 2022. (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. II SECURITY, ENFORCEMENT, AND INVESTIGATIONS U.S. customs and border protection OPERATIONS AND SUPPORT (INCLUDING TRANSFER 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; $16,598,076,000; 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) 26 U.S.C. 9505(c)(3) 6 U.S.C. 551(e)(1) 19 U.S.C. 58c(f)(3) Provided, Provided further, Provided further, Provided further, Federal Emergency Management Agency—Federal Assistance Provided further, Provided further, Provided further, 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, $1,152,529,000, of which $1,082,875,000 shall remain available until September 30, 2026, and of which $69,654,000 shall remain available until September 30, 2028: Provided, 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; $8,836,263,000; 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 $4,544,495,000 shall be for enforcement, detention, and removal operations, including transportation of unaccompanied alien minors: Provided, Provided further, 19 U.S.C. 2081 Provided further, Provided further, Provided further, PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS For necessary expenses of U.S. Immigration and Customs Enforcement for procurement, construction, and improvements, $50,100,000, of which $35,000,000 shall remain available until September 30, 2026; and of which $15,100,000 shall remain available until September 30, 2028: Provided, Transportation security administration OPERATIONS AND SUPPORT For necessary expenses of the Transportation Security Administration for operations and support, $10,020,729,000, to remain available until September 30, 2025: Provided, Provided further, Provided further, PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS For necessary expenses of the Transportation Security Administration for procurement, construction, and improvements, $13,939,000, to remain available until September 30, 2026. 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 33 U.S.C. 2712(a)(5) Provided, 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, $1,143,322,000, 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) Provided, 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 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, 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; $2,903,030,000; of which $114,599,000 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 $20,500,000 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 Public Law 116–269 Provided, Provided further, Provided further, PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS For necessary expenses of the United States Secret Service for procurement, construction, and improvements, $69,098,000, to remain available until September 30, 2026: Provided, 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: Provided, Administrative provisions 201. Section 201 of the Department of Homeland Security Appropriations Act, 2018 (division F of Public Law 115–141 fiscal year 2024 fiscal year 2018 202. Funding made available under the headings U.S. Customs and Border Protection—Operations and Support U.S. Customs and Border Protection—Procurement, Construction, and Improvements 203. As authorized by section 601(b) of the United States-Colombia Trade Promotion Agreement Implementation Act ( Public Law 112–42 19 U.S.C. 58c(a)(5) 204. (a) For an additional amount for U.S. Customs and Border Protection—Operations and Support 8 U.S.C. 1356(i) 7 U.S.C. 8311 Public Law 114–125 (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. 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, Provided further, (1) a controlled substance, as defined in section 102 of the Controlled Substances Act ( 21 U.S.C. 802 (2) a biological product, as defined in section 351 of the Public Health Service Act ( 42 U.S.C. 262 206. (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) The Secretary shall notify the Committees on Appropriations of the Senate and the House of Representatives, the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Transportation and Infrastructure of the House of Representatives 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. 207. (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) In this section, the term border crossing fee 208. (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 (b) No such amounts provided in this Act may be obligated prior to the submission of such plan. 209. Section 211 of the Department of Homeland Security Appropriations Act, 2021 (division F of Public Law 116–260 210. (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. 211. Of the total amount made available under U.S. Customs and Border Protection—Procurement, Construction, and Improvements (1) $263,300,000 for the acquisition and deployment of border security technologies; (2) $644,296,000 for trade and travel assets and infrastructure; (3) $69,654,000 for facility construction and improvements including $66,000,000 for a Border Patrol station in Houlton, Maine; (4) $134,100,000 for integrated operations assets and infrastructure; and (5) $41,179,000 for mission support and infrastructure. 212. None of the funds provided under the heading U.S. Immigration and Customs Enforcement—Operations and Support 8 U.S.C. 1357(g) 213. (a) None of the funds provided under the heading U.S. Immigration and Customs Enforcement—Operations and Support adequate (b) The performance evaluations referenced in subsection (a) shall be conducted by the U.S. Immigration and Customs Enforcement Office of Professional Responsibility. 214. The reports required to be submitted under section 216 of the Department of Homeland Security Appropriations Act, 2021 (division F of Public Law 116–260 215. The terms and conditions of sections 216 and 217 of the Department of Homeland Security Appropriations Act, 2020 (division D of Public Law 116–93 216. (a) None of the funds provided under the heading U.S. Immigration and Customs Enforcement—Operations and Support (b) Deputy Director and Senior Official Performing the Duties of the Director; Deputy Senior Official Performing the Duties of the Deputy Director; Executive Associate Director, Enforcement and Removal Operations; Executive Associate Director, Homeland Security Investigations; Executive Associate Director Management and Administration; Associate Director, Office of Professional Responsibility; Principal Legal Advisor; Chief Financial Officer; Assistant Director, Office of Congressional Affairs; and Chief of Staff. (c) Not later than 90 days after the date of enactment of this Act, ICE shall submit a plan to realign the position of the Chief Financial Officer by the end of Fiscal Year 2024 so the position reports to the Director or Deputy Director and the position is elevated to the equivalent of an Executive Associate Director. 217. (a) Not later than 30 days after the date of enactment of this Act, and monthly thereafter, the Director of U.S. Immigration and Customs Enforcement shall provide the Committees on Appropriations of the Senate and the House of Representatives a report described in the section Monthly Reporting Requirements.— U.S. Immigration and Customs Enforcement—Operations and Support (b) Such report shall be submitted by the tenth day of each month. (c) In the event that such report required under subsections (a) and (b) is not provided, the amount made available for Executive Leadership and Oversight 218. 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. 219. 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. 220. 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 Commerce, Science, and Transportation of the Senate and the Committees on Appropriations and Homeland Security in the House of Representatives 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) 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 (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). 221. (a) None of the funds made available by this Act under the heading Coast Guard—Operations and Support 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 121 222. Without regard to the limitation as to time and condition of section 503(d) of this Act, after June 30, in accordance with the notification requirement described in subsection (b) of such section, up to the following amounts may be reprogrammed within Coast Guard—Operations and Support (1) $10,000,000 to or from the Military Personnel (2) $10,000,000 between the Field Operations 223. Notwithstanding any other provision of law, the Commandant of the Coast Guard shall submit to the Committees on Appropriations of the Senate and the House of Representatives a future-years capital investment plan as described in the second proviso under the heading Coast Guard—Acquisition, Construction, and Improvements Public Law 114–4 224. 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. 225. 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. 226. 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. 227. 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. 228. (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) 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 2018 ( Public Law 115–282 229. 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 230. (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) The Director of the United States Secret Service may enter into agreements to provide such protection on a fully reimbursable basis. 231. 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 232. Funding made available in this Act for United States Secret Service—Operations and Support 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, $2,401,752,000, of which $24,424,000 shall remain available until September 30, 2025: Provided, PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS For necessary expenses of the Cybersecurity and Infrastructure Security Agency for procurement, construction, and improvements, $605,334,000, to remain available until September 30, 2026. Federal emergency management agency OPERATIONS AND SUPPORT For necessary expenses of the Federal Emergency Management Agency for operations and support, $1,434,306,000: Provided, PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS For necessary expenses of the Federal Emergency Management Agency for procurement, construction, and improvements, $100,420,000, of which $44,920,000 shall remain available until September 30, 2026, and of which $55,500,000 shall remain available until September 30, 2028: Provided, revised nonsecurity category Public Law 99–177 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, $3,467,115,000, which shall be allocated as follows: (1) $488,800,000 for the State Homeland Security Grant Program under section 2004 of the Homeland Security Act of 2002 ( 6 U.S.C. 605 6 U.S.C. 606 Provided (2) $578,100,000 for the Urban Area Security Initiative under section 2003 of the Homeland Security Act of 2002 ( 6 U.S.C. 604 (3) $286,700,000 for the Nonprofit Security Grant Program under sections 2003 and 2004 of the Homeland Security Act of 2002 (6 U.S.C. 604 and 605), of which $143,350,000 is for eligible recipients located in high-risk urban areas that receive funding under section 2003 of such Act and $143,350,000 is for eligible recipients that are located outside such areas: Provided 6 U.S.C. 609a(b) (4) $98,700,000 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 Provided (5) $94,000,000 for Port Security Grants in accordance with section 70107 of title 46, United States Code. (6) $676,800,000, to remain available until September 30, 2025, of which $338,400,000 shall be for Assistance to Firefighter Grants and $338,400,000 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) $333,700,000 for emergency management performance grants under the National Flood Insurance Act of 1968 ( 42 U.S.C. 4001 et seq. 42 U.S.C. 5121 42 U.S.C. 7701 (8) $293,985,000 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) (9) $11,280,000 for Regional Catastrophic Preparedness Grants. (10) $122,200,000 for the emergency food and shelter program under title III of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11331 Provided (11) $52,640,000 for the Next Generation Warning System. (12) $120,000,000 for Congressionally Directed Spending grants, which shall be for the purposes, and the amounts, specified in the table entitled Congressionally Directed Spending Items (A) $42,836,000, 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 (B) $77,164,000, 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) 42 U.S.C. 5133(f) (13) $310,210,000 for the sustainment of 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 et seq. Provided, 42 U.S.C. 5121 et seq. NATIONAL FLOOD INSURANCE FUND For activities under the National Flood Insurance Act of 1968 ( 42 U.S.C. 4001 et seq. 42 U.S.C. 4001 et seq. Public Law 112–141 Public Law 113–89 42 U.S.C. 4015(d) Provided, 42 U.S.C. 4015(d) Provided further, 42 U.S.C. 4017 (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 42 U.S.C. 4104c(e) Provided further, 42 U.S.C. 4012a 42 U.S.C. 4104c(e) 42 U.S.C. 4012a(f)(8) Provided further, Provided further, 42 U.S.C. 4033 Administrative provisions (INCLUDING TRANSFER OF FUNDS) 301. Funds made available under the heading Cybersecurity and Infrastructure Security Agency—Operations and Support 6 U.S.C. 124h 302. (a) The Director of the Cybersecurity and Infrastructure Security Agency (or the Director’s designee) shall provide the briefings to the Committees on Appropriations of the Senate and the House of Representatives described under the heading Quarterly Budget and Staffing Briefings (1) with respect to the first quarter of fiscal year 2024, not later than the later of 30 days after the date of enactment of this Act or January 30, 2024; and (2) with respect to each subsequent fiscal quarter in fiscal year 2024, not later than 21 days after the end of each such quarter. (b) In the event that any such briefing required during this fiscal year under subsection (a) is not provided, the amount made available in title III to the Cybersecurity and Infrastructure Security Agency under the heading Operations and Support 303. (a) Notwithstanding section 2008(a)(12) of the Homeland Security Act of 2002 ( 6 U.S.C. 609(a)(12) Federal Emergency Management Agency—Federal Assistance (b) The authority provided in subsection (a) shall also apply to a state recipient for the administration of a grant under such paragraph (3). 304. Notwithstanding section 2004(e)(1) of the Homeland Security Act of 2002 ( 6 U.S.C. 605(e)(1) total funds appropriated for grants under this section and section 2003 Federal Emergency Management Agency—Federal Assistance 305. Applications for grants under the heading Federal Emergency Management Agency—Federal Assistance 306. (a) Under the heading Federal Emergency Management Agency—Federal Assistance (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 307. Under the heading Federal Emergency Management Agency—Federal Assistance 308. The reporting requirements in paragraphs (1) and (2) under the heading Federal Emergency Management Agency—Disaster Relief Fund Public Law 114–4 (1) in paragraph (1) by substituting fiscal year 2025 fiscal year 2016 (2) in paragraph (2) by inserting business fifth 309. In making grants under the heading Federal Emergency Management Agency—Federal Assistance 15 U.S.C. 2229a 310. (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 (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) 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. 311. In making grants under the heading Federal Emergency Management Agency—Federal Assistance 15 U.S.C. 2229 312. 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 Public Law 115–254 42 U.S.C. 5133 313. Any unobligated balances of funds appropriated under the heading Federal Emergency Management Agency—Flood Hazard Mapping and Risk Analysis Program Federal Emergency Management Agency—Federal Assistance Provided, 42 U.S.C. 4101(f)(2) 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 and for the Refugee and International Operations Programs, $432,161,000: Provided, 8 U.S.C. 1356(m) Provided further, Provided further, FEDERAL ASSISTANCE For necessary expenses of U.S. Citizenship and Immigration Services for Federal assistance for the Citizenship and Integration Grant Program, $23,500,000, 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, $352,611,000, of which $66,665,000 shall remain available until September 30, 2025: Provided, PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS For necessary expenses of the Federal Law Enforcement Training Centers for procurement, construction, and improvements, $8,000,000, 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: Provided, 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, $367,183,000, of which $205,558,000 shall remain available until September 30, 2025: Provided, PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS For necessary expenses of the Science and Technology Directorate for procurement, construction, and improvements, $43,579,000, to remain available until September 30, 2028. RESEARCH AND DEVELOPMENT For necessary expenses of the Science and Technology Directorate for research and development, $352,496,000, 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, $156,946,000, of which $50,446,000 shall remain available until September 30, 2025: Provided, PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS For necessary expenses of the Countering Weapons of Mass Destruction Office for procurement, construction, and improvements, $15,360,000, 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, $48,751,000, 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, $132,764,000, to remain available until September 30, 2026: Provided, Administrative provisions 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. 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 Officers, Immigration Service Analysts, Contact Representatives, Investigative Assistants, or Immigration Services Officers. 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. 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. 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. 406. (a) The Director of the Federal Law Enforcement Training Centers may accept transfers to its Procurement, Construction, and Improvements 31 U.S.C. 1535(b) (b) The Federal Law Enforcement Training Centers shall maintain administrative control and ownership upon completion of such facilities. 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 V GENERAL PROVISIONS (INCLUDING RESCISSIONS OF FUNDS) 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. 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. 503. (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— (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 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 Senate and the House of Representatives 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 Senate and the House of Representatives 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) Notwithstanding subsections (a), (b), and (c), no funds shall be reprogrammed within or transferred between appropriations 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. (e) 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 504. (a) Section 504 of the Department of Homeland Security Appropriations Act, 2017 (division F of Public Law 115–31 (b) Funds from such working capital fund may be obligated and expended in anticipation of reimbursements from components of the Department of Homeland Security. 505. (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 (b) Prior to the obligation of such funds, a notification shall be submitted to the Committees on Appropriations of the Senate and the House of Representatives in accordance with section 503 of this Act. 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 (b) Amounts described in subsection (a) made available for Intelligence, Analysis, and Situational Awareness—Operations and Support Management Directorate—Operations and Support (c) Prior to the obligation of any funds transferred under subsection (b), the Management Directorate shall brief the Committees on Appropriations of the Senate and the House of Representatives on a plan for the use of such funds. 507. (a) The Secretary of Homeland Security, or the designee of the Secretary, shall notify the Committees on Appropriations of the Senate and the House of Representatives 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 Department of Homeland Security 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) 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 Senate and the House of Representatives 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 of contract; and the account from which the funds are being drawn. 508. 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 Senate and the House of Representatives, 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. 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 33 510. Sections 522 and 530 of the Department of Homeland Security Appropriations Act, 2008 (division E of Public Law 110–161 511. (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) For purposes of subsection (a), the term Buy American Act chapter 83 512. 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 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. 452 514. None of the funds made available in this Act may be used for planning, testing, piloting, or developing a national identification card. 515. Any official that is required by this Act to report or to certify to the Committees on Appropriations of the Senate and the House of Representatives may not delegate such authority to perform that act unless specifically authorized herein. 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. 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) 518. 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. 519. (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. 520. 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. 521. (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 Senate and the House of Representatives within at least 10 days of that determination and the basis for that determination. (b) For purposes of this section the term international conference (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. 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. 523. (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) 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— (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. 524. (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 Senate and the House of Representatives 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) 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 Senate and the House of Representatives for not less than 45 days except as otherwise specified in law. 525. (a) Funding provided in this Act for Operations and Support (b) For purposes of subsection (a), minor 526. The authority provided by section 532 of the Department of Homeland Security Appropriations Act, 2018 ( Public Law 115–141 527. (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) 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). 528. (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— (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. 529. (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) potential sexual assault or abuse perpetrated against, or (3) 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. 530. Section 519 of division F of Public Law 114–113 531. (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 Senate and the House of Representatives 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) a summary description, including the objectives to be achieved if such priority is funded (whether in whole or in part); (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) In this section, the term unfunded priority (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. 532. (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 appropriate congressional committees (b) 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) 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. 533. (a) None of the funds provided to the Department of Homeland Security in this or any prior Act may be used by 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 (1) notifies the Committees on Appropriations of the Senate and the House of Representatives of the proposed submission of the project proposal; (2) submits to the Committees on Appropriations a copy of the project proposal; and (3) 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) 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 Senate and the House of Representatives. (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) the finalized interagency agreement between the Department and the Fund including the project’s deliverables and repayment terms, as applicable; (3) a detailed analysis of how the project will supplement or supplant existing funding available to the Department for similar activities; (4) 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. 534. 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 Senate and the House of Representatives 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. 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. 536. 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 116–283 537. 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) is or was held on or after June 24, 2009, at the United States Naval Station, Guantanamo Bay, Cuba, by the Department of Defense. 538. (a) The Secretary of Homeland Security (in this section referred to as the Secretary (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) 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) 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 Senate and the House of Representatives. 539. Section 210G(i) of the Homeland Security Act of 2002 ( 6 U.S.C. 124n(i) September 30, 2024 the date that is 4 years after the date of enactment of this section 540. 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 rescinded, if applicable) only if the President subsequently so designates all such amounts and transmits such designations to the Congress. 541. Section 401(b) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1324a September 30, 2024 September 30, 2015 542. Subclauses (II) and (III) of section 101(a)(27)(C)(ii) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(27)(C)(ii) September 30, 2024 September 30, 2015 543. Notwithstanding the numerical limitation set forth in section 214(g)(1)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1184(g)(1)(B) 8 U.S.C. 1101(a)(15)(H)(ii)(b) 544. Section 220(c) of the Immigration and Nationality Technical Corrections Act of 1994 ( 8 U.S.C. 1182 September 30, 2024 September 30, 2015 (RESCISSIONS OF FUNDS) 545. 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: Provided, (1) $1,473,000 from the unobligated balances available in the U.S. Customs and Border Protection—Procurement, Construction, and Improvements (2) $1,842,000 from the unobligated balances available in the U.S. Customs and Border Protection—Border Security Fencing, Infrastructure, and Technology (3) $452,000 from the unobligated balances available in the U.S. Customs and Border Protection—Air and Marine Interdiction, Operations, Maintenance, and Procurement (4) $1,000,000 from the unobligated balances available in the U.S. Immigration and Customs Enforcement—Operations and Support (5) $2,092,841 from the unobligated balances available in the U.S. Immigration and Customs Enforcement—Operations and Support (6) $10,439 from the unobligated balances available in the U.S. Immigration and Customs Enforcement—Automation Modernization (7) $63,591,000 from the unobligated balances available in the Transportation Security Administration—Operations and Support (8) $22,600,000 from the unobligated balances available in the Coast Guard—Acquisition, Construction, and Improvements (9) $2,400,000 from the unobligated balances available in the United States Secret Service—Operations and Support (10) $4,000,000 from the unobligated balances available in the United States Secret Service—Procurement, Construction, and Improvements (11) $3,500,000 from the unobligated balances available in the Cybersecurity and Infrastructure Security Agency—Procurement, Construction, and Improvements (12) $800,000 from the unobligated balances available in the Federal Law Enforcement Training Centers—Procurement, Construction, and Improvements (13) $900,000 from the unobligated balances available in the Science and Technology Directorate—Operations and Support (14) $388,522 from the unobligated balances available in the Countering Weapons of Mass Destruction Office—Research and Development (15) $11,478 from the unobligated balances available in the Countering Weapons of Mass Destruction Office—Research and Development This Act may be cited as the Department of Homeland Security Appropriations Act, 2024 July 27, 2023 Read twice and placed on the calendar

Department of Homeland Security Appropriations Act, 2024

Higher Education Reform and Opportunity Act This bill revises requirements governing the financing and accreditation of institutions of higher education (IHEs). Specifically, the bill makes postsecondary education courses and programs (e.g., apprenticeship programs) that provide credits toward a postsecondary certification, credential, or degree eligible for federal student aid funding if the programs and courses are accredited by a state that has an alternative accreditation agreement with the Department of Education (ED). The bill requires IHEs to publish certain enrollment and financial aid information, such as (1) the percentage of former financial aid recipients who are employed at various intervals following graduation, and (2) the average amount of total federal student loan debt accrued upon graduation. The Government Accountability Office must compile and study all such information published by IHEs and submit a report containing the results. Further, the bill prohibits the disclosure of personally identifiable information and directs ED to establish penalties for violations. Additionally, the bill consolidates federal student loans into one student loan program and eliminates loan forgiveness for borrowers. Lastly, the bill requires an IHE to pay a default rate fine for a fiscal year in an amount that is equal to the applicable percentage of outstanding loans (i.e., the total amount of loans issued to students for attendance at the IHE for which regular on-time payments are not being made). An IHE shall receive a credit for each graduate of the IHE who received a Federal Pell Grant while enrolled at the IHE during the fiscal year.

118 S2629 IS: Higher Education Reform and Opportunity Act U.S. Senate 2023-07-27 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 2629 IN THE SENATE OF THE UNITED STATES July 27, 2023 Mr. Lee Mr. Scott of Florida Committee on Health, Education, Labor, and Pensions A BILL To amend the Higher Education Act of 1965 to provide for fiscal accountability, to require institutions of higher education to publish information regarding student success, to provide for school accountability for student loans, and for other purposes. 1. Short title This Act may be cited as the Higher Education Reform and Opportunity Act I Fiscal Accountability 101. Simplification of Federal student loans (a) Termination Section 451 of the Higher Education Act of 1965 ( 20 U.S.C. 1087a (1) in subsection (a), by adding at the end the following: No sums may be expended after September 30, 2028, with respect to loans under this part for which the first disbursement is after such date, except Federal Direct simplification loans under section 460A. (2) by adding at the end, the following: (d) Termination of authority To make new loans Notwithstanding subsection (a) or any other provision of law— (1) no new loans may be made under this part after September 30, 2028, except Federal Direct simplification loans under section 460A; and (2) no funds are authorized to be appropriated, or may be expended, under this Act, or any other Act to make loans under this part for which the first disbursement is after September 30, 2028, except Federal Direct simplification loans under section 460A, or as expressly authorized by an Act of Congress enacted after the date of enactment of the Higher Education Reform and Opportunity Act (e) Student eligibility beginning with award year 2024 (1) New borrowers No loan may be made under this part to a new borrower for which the first disbursement is after June 30, 2024, except Federal Direct simplification loans under section 460A. (2) Borrowers with outstanding balances Subject to paragraph (3), with respect to a borrower who, as of July 1, 2024, has an outstanding balance of principal or interest owing on a loan made under this part that is not a Federal Direct simplification loan under section 460A, such borrower may— (A) in the case of such a loan made to the borrower for enrollment in a program of undergraduate education, borrow loans made under this part that are not Federal Direct simplification loans under section 460A for any program of undergraduate education through the close of September 30, 2028; (B) in the case of such a loan made to the borrower for enrollment in a program of graduate or professional education, borrow loans made under this part that are not Federal Direct simplification loans under section 460A for any program of graduate or professional education through the close of September 30, 2028; and (C) in the case of such a loan made to the borrower on behalf of a dependent student for the student’s enrollment in a program of undergraduate education, borrow loans made under this part that are not Federal Direct simplification loans under section 460A on behalf of such student through the close of September 30, 2028. (3) Loss of eligibility A borrower described in paragraph (2) who borrows a Federal Direct simplification loan made under section 460A for which the first disbursement is made before September 30, 2028, shall lose the borrower’s eligibility to borrow a loan under this part that is not a Federal Direct simplification loan under section 460A in accordance with paragraph (2). . (b) Federal Direct simplification loans Part D of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1087a et seq. 460A. Federal Direct simplification loans (a) In general Beginning on July 1, 2024, except as provided in section 451(e), the Secretary shall make loans to borrowers under this section. Loans made under this section shall be known as Federal Direct simplification loans. (b) Federal Direct simplification loans The provisions of this part shall apply with respect to Federal Direct simplification loans, except that Federal Direct simplification loans shall be made in accordance with the following: (1) The applicable rate of interest on a loan made under this section shall— (A) in the case of such loans issued to undergraduate students, for loans disbursed during any 12-month period beginning on July 1 and ending on June 30, be determined on the preceding June 1 and be equal to the lesser of— (i) a rate equal to the high yield of the 10-year Treasury note auctioned at the final auction held prior to such June 1 plus 2.05 percent; or (ii) 8.25 percent; and (B) in the case of such loans issued to graduate or professional students, for loans disbursed during any 12-month period beginning on July 1 and ending on June 30, be determined on the preceding June 1 and be equal to the lesser of— (i) a rate equal to the high yield of the 10-year Treasury note auctioned at the final auction held prior to such June 1 plus 3.6 percent; or (ii) 9.5 percent. (2) Interest on a loan made under this section shall begin to accrue on the date the loan is disbursed. (3) The maximum— (A) annual amount of loans under this section a dependent undergraduate student may borrow in any academic year (as defined in section 481(a)(2)) or its equivalent shall be equal to $7,500; and (B) aggregate amount of loans under this section a dependent undergraduate student may borrow shall be equal to $30,000. (4) The maximum— (A) annual amount of loans under this section an independent undergraduate student may borrow in any academic year (as defined in section 481(a)(2)) or its equivalent shall be equal to $15,000; and (B) aggregate amount of loans under this section an undergraduate independent student may borrow shall be equal to $60,000. (5) The maximum— (A) annual amount of loans under this section a graduate or professional student may borrow in any academic year (as defined in section 481(a)(2)) or its equivalent shall be equal to $18,500; and (B) aggregate amount of loans under this section a graduate or professional student may borrow shall be equal to $74,000. (6) The only length of repayment— (A) for a loan borrowed by an undergraduate student shall be 15 years; and (B) for a loan borrowed by a graduate or professional student shall be 25 years. (7) Repayment on a loan made under this section shall begin— (A) after 125 percent of the normal time for completion of the program of study for which the borrower receives the loan under this section; or (B) if the borrower withdraws from the program of study before the borrower completes the program, 6 months after the date the borrower withdraws. (8) The Secretary shall not repay or cancel any outstanding balance of principal or interest due on a Federal Direct simplification loan as part of a student loan forgiveness program, including such a program under section 455(m) and section 493C. (c) Authorization To limit loan amounts An institution of higher education that is required under State law to enroll all eligible applicants for an academic year may limit the amount of loans under this section that a student may borrow for such academic year to not more than the tuition and fees at such institution for such academic year. (d) Loan fee The Secretary shall not charge the borrower of a loan made under this part an origination fee. (e) Repayment A borrower of a loan made under this section may accelerate without penalty repayment of the whole or any part of the loan. . 102. Phasing out loan forgiveness The Higher Education Act of 1965 ( 20 U.S.C. 1001 et seq. (1) in section 455— (A) in subsection (d)(1), in the matter preceding subparagraph (A), by inserting (except a Federal Direct simplification loan) borrower of a loan made under this part (B) in subsection (e), by adding at the end the following: (9) Federal Direct simplification loans Income contingent repayment shall not be available for a Federal Direct simplification loan. ; and (C) in subsection (m), by adding at the end the following: (5) Elimination of loan forgiveness (A) In General Notwithstanding any other provision of this Act and subject to subparagraph (B), with respect to any loan made on or after July 1, 2024, the Secretary may not cancel any outstanding balance of principal and interest due on the loan for the borrower of the loan pursuant to this subsection. (B) Loans for continuing program of study In the case of a borrower whose first loan for a program of study is made prior to July 1, 2024, the Secretary may repay or cancel any outstanding balance of principal and interest due on the subsequent loans for that borrower for the same program of study pursuant to this subsection for— (i) loans made during the time it takes to complete that program of study; or (ii) loans made before July 1, 2028; whichever occurs earlier. ; and (2) in section 493C, by adding at the end the following: (f) Elimination of loan forgiveness (1) In General Notwithstanding any other provision of this Act and subject to paragraph (2), with respect to any loan made on or after July 1, 2024, the Secretary may not repay or cancel any outstanding balance of principal and interest due on the loan for the borrower of the loan pursuant to this section. (2) Loans for continuing program of study In the case of a borrower whose first loan for a program of study is made prior to July 1, 2024, the Secretary may repay or cancel any outstanding balance of principal and interest due on the subsequent loans for that borrower for the same program of study pursuant to this section for— (A) loans made during the time it takes to complete that program of study; or (B) loans made before July 1, 2028; whichever occurs earlier. . II Accreditation Reform 201. Accreditation reform (a) Definition of Institution of Higher Education Section 102(a)(1) of the Higher Education Act of 1965 ( 20 U.S.C. 1002(a)(1) (1) by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively; and (2) by inserting after subparagraph (A) the following: (B) if accredited by an authorized accreditation authority in a State that has an alternative accreditation agreement with the Secretary, as described in section 498C— (i) an institution that provides postsecondary education; (ii) a postsecondary apprenticeship program; or (iii) a postsecondary education course or program provided by an institution of postsecondary education, a nonprofit organization, or a for-profit organization or business; . (b) State alternative accreditation Part H of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1099a et seq. 4 State Alternative Accreditation 498C. State alternative accreditation (a) In general Notwithstanding any other provision of law, a State may establish an alternative accreditation system for the purpose of establishing institutions that provide postsecondary education and postsecondary education courses or programs as eligible for funding under title IV if the State submits a plan to the Secretary for the establishment of the alternative accreditation system. Such institutions, courses, or programs may include— (1) institutions that provide postsecondary education that culminates in a certification, credential, or degree; (2) postsecondary apprenticeship programs that culminate in a certification, credential, or degree; (3) any other postsecondary education course or program offered at an institution of postsecondary education, a nonprofit organization, or a for-profit organization or business, that culminates in a certification, credential, or degree; and (4) any of the entities described in paragraphs (1) through (3) that do not award a postsecondary certification, credential, or degree, provided that such entity provides credit that will be accepted toward a postsecondary certification, credential, or degree at one or more of the entities described in paragraphs (1) through (3). (b) Alternative accreditation notification The alternative accreditation plan described in subsection (a) shall include the following: (1) The State's plan for designating one or more authorized accrediting entities within the State, such as the State Department of Education, another State agency, an industry-specific accrediting agency, or another entity, and an explanation of the process through which the State will select such authorized accrediting entities. (2) The standards or criteria that an institution that provides postsecondary education and a postsecondary education course or program must meet in order to— (A) receive an initial accreditation as part of the alternative accreditation system; and (B) maintain such accreditation. (3) A description of the appeals process through which an institution that provides postsecondary education or a postsecondary education course or program may appeal to an authorized accrediting entity if such institution, course, or program is denied accreditation under the State alternative accreditation system. (4) Any State policy regarding public accessibility to certain information relating to institutions that provide postsecondary education and postsecondary education courses and programs accredited under the State alternative accreditation system, including— (A) the information described in subsection (e)(1); and (B) information about the rates of job placement for individuals that have graduated from an institution or completed a course or program that is accredited under the State alternative accreditation system, if available. (5) An assurance by the State that under the State alternative accreditation system, only institutions that provide postsecondary education and postsecondary education courses or programs that provide a postsecondary certification, credential, or degree, or credits toward a postsecondary certification, credential, or degree (as defined by the State in accordance with paragraph (6)) will be accredited. (6) The State's definition of a postsecondary certification, credential, or degree, as such term applies to the requirement described in paragraph (5). (7) A description of the agreements that the State will enter into with institutions that provide postsecondary education and postsecondary education courses or programs that are accredited under the alternative accreditation system for purposes of accreditation regarding requirements for learning outcomes or labor market outcomes, in lieu of the requirements described under section 496(a)(5). (8) A description of the agreements that the State will enter into with institutions that provide postsecondary education and postsecondary education courses or programs that are accredited under the alternative accreditation system for purposes of accreditation regarding requirements for instructional time, in lieu of the requirements described under section 481(a)(2). (9) A description of the agreements that the State will enter into with institutions that provide postsecondary education and postsecondary education courses or programs that are accredited under the alternative accreditation system regarding requirements for credit hours or clock hours, or other measures of student learning, in lieu of the requirements described under section 481(b). (c) Review and approval Not later than 30 days after the Secretary receives a plan from a State regarding an alternative accreditation system, the Secretary shall submit to the State and Congress, and make publicly available, a response to the State’s plan. The Secretary shall approve the plan and allow the State to establish the alternative accreditation system if the plan meets the requirements described in subsection (b). (d) Time limit Each plan approved under subsection (c) shall allow a State to carry out an alternative accreditation system in the State for a period of 5 years. (e) Reporting requirements States that establish an alternative accreditation system shall submit a report to the Secretary every 3 years following the implementation of the alternative accreditation system. The report shall include— (1) in the case of a postsecondary education course or program that is accredited through the State alternative accreditation system— (A) the number and percentage of students who successfully complete each such postsecondary education course or program; and (B) for postsecondary education courses or programs that lead to a certification, credential, or degree, the number of students in such course or program; (2) in the case of an institution that provides postsecondary education that is accredited through the State alternative accreditation system— (A) the number and percentage of students who successfully obtain a postsecondary certification, credential, or degree from such institution; and (B) the number and percentage of students who do not successfully obtain a postsecondary certification, credential, or degree from such institution but do obtain credit from such institution toward a postsecondary degree, credential, or certification; and (3) a description of any requirements for third-party verification of information contained in the report. . (c) Title IV eligibility requirements Part G of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1088 et seq. 494A. State Accredited Institutions, Programs, or Courses Notwithstanding any other provision of law, an institution, program, or course that is eligible for funds under this title in accordance with section 102(a)(1)(B) and meets the requirements of section 498C— (1) shall not be required to meet the requirements of section 496; and (2) shall not be required to meet the requirements described in subsections (a)(2) and (b) of section 481. . III Transparency in Higher Education 301. Time for transparency in higher education (a) In general Title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. (1) in section 487(a), by adding at the end the following: (30) The institution will publish information in compliance with section 494B. ; and (2) in part G, by adding at the end the following: 494B. Institutional publication of information (a) Publication of information (1) In general Each institution of higher education participating in a program under this title shall publish on the institution's website and in an alternative format, on an annual basis, the information described in paragraphs (2) and (3). To the extent that such data is available, an institution may use data that the institution is already collecting in accordance with other Federal requirements. (2) Information Each institution of higher education described in paragraph (1) shall publish, with respect to the institution as a whole and with respect to each program of study offered by the institution, the following information for the most recent fiscal year for which the information is available, to the extent the information is available: (A) For each of the following, the percentage and number of students enrolled at the institution or in the program of study, as applicable, who receive the following: (i) Federal grant aid, including Federal Pell Grants under subpart 1 of part A, Federal Supplemental Educational Opportunity Grants under subpart 3 of part A, or any other Federal postsecondary education grant aid or subsidy. (ii) Federal student loans, including Federal loans under part D. (iii) State grant aid. (iv) Institutional grants. (v) A student loan from a State. (B) Student body enrollment status, including as a— (i) first-time, full-time student; (ii) first-time, part-time student; (iii) non-first-time, full-time student; and (iv) non-first-time, part-time student. (C) Information about students that includes the following: (i) The percentage of students who do not complete the program of study the student initially started upon enrollment. (ii) The percentage of students who transfer. (iii) The percentage of students who complete the program of study the student initially started upon enrollment. (iv) The average length of time for a student to complete the program of study. (v) The percentage of students who continue on to higher levels of education. (vi) The percentage of former students who received financial aid who are employed at 2, 4, and 6 years after graduating, disaggregated by program of study. (vii) The median earnings of former students who earned a degree or credential and received financial aid on the date that is 5, 10, and 15 years after the date the students first enrolled in a program of study at the institution, disaggregated by program of study. (viii) The median earnings of former students who received financial aid on the date that is 5, 10, and 15 years after the date the students first enrolled in a program of study at the institution, disaggregated by program of study. (3) Publication of default and non-repayment rates In addition to the information described in paragraph (2), each institution of higher education described in paragraph (1) shall publish, with respect to the institution as a whole and with respect to each program of study offered by the institution, the following information for the most recent fiscal year for which the information is available: (A) The average amount of total Federal student loan debt accrued upon graduation. (B) The average amount of total Federal student loan debt accrued by students who leave the institution without having graduated. (C) Federal student loan default rate. (D) Federal student loan non-repayment rate. (E) Default and non-repayment rate, including as a— (i) first-time, full-time student; (ii) first-time, part-time student; (iii) non-first-time, full-time student; and (iv) non-first-time, part-time student. (F) Default and non-repayment rate, of— (i) students who complete a program of study; (ii) students who transfer; and (iii) students who do not complete a program of study. (b) Privacy (1) Compliance with FERPA In carrying out this section, an institution of higher education and any personnel of the institution shall not share any personally identifiable information and shall act in accordance with section 444 of the General Education Provisions Act ( 20 U.S.C. 1232g Family Educational Rights and Privacy Act of 1974 (2) Prohibition on use of information Information published pursuant to this section shall not be used by a Federal employee, agency, or officer, or an institution of higher education to take action against an individual. (3) Penalties The Secretary shall establish penalties for a violation of paragraph (1) or (2) that includes both a monetary fine and up to 5 years in prison. (c) Rule of construction Nothing in this section shall be construed to authorize or permit the Secretary or any employee or contractor of the Department to mandate, direct, or control the selection of practices or curriculum by an institution of higher education. . (b) GAO report (1) Study The Comptroller General of the United States shall conduct a study that compiles all the institutional publication of information pursuant to section 494B of the Higher Education Act of 1965, as added by subsection (a) of this section. (2) Report Not later than October 1 of the fourth fiscal year after the date of enactment of this Act, the Comptroller General of the United States shall submit a report containing the results of the study under paragraph (1) to the appropriate committees of Congress. IV School Accountability for Student Loans 401. School accountability for student loans (a) Default rate fine Section 487 of the Higher Education Act of 1965 ( 20 U.S.C. 1094 (1) in subsection (a), by adding at the end the following: (31) The institution will pay a default rate fine that is determined pursuant to subsection (k). ; and (2) by adding at the end the following: (k) Default rate fine (1) In general Each institution shall pay to the Secretary an annual default rate fine in accordance with this subsection in an amount determined under paragraph (2). (2) Fine (A) In general Each institution shall pay a default rate fine for a fiscal year in an amount that is equal to the applicable percentage of outstanding loans. (B) Applicable percentage In this paragraph the term applicable percentage (i) 15 percent; minus (ii) the average rate of total unemployment in the United States, as determined by the Secretary of Labor. (C) Outstanding loans In this paragraph the term outstanding loans (D) Regular on-time payments In this paragraph the term regular on-time payments (3) Credit for certain institutions Each institution shall receive a $400 credit for a fiscal year for each graduate of the institution who received a Federal Pell Grant while enrolled at the institution during such fiscal year. (4) Flexibility in counsel and advice Notwithstanding any other provision of the Act, the Secretary shall grant institutions of higher education flexibility under this Act to counsel and advise students on Federal financial aid, including granting flexibility for institutions to award less than the maximum amount of Federal student aid for which an individual is eligible if the cost of tuition, room, and board at the institution is less than such maximum amount. . (b) Flexibility in counseling and advice Section 485(l) of the Higher Education Act of 1965 ( 20 U.S.C. 1092(l) (3) Flexibility in counseling and advice In addition to the entrance counseling under paragraph (1), an eligible institution may require any borrower, at or prior to the time of a disbursement to the borrower of a loan made under part D, to receive the information described in paragraph (2) with respect to such loan, or any other financial counseling, including financial literacy counseling. .

Higher Education Reform and Opportunity Act

Restoring Benefits to Defrauded Veterans Act of 2023 This bill requires the Department of Veterans Affairs (VA) to pay certain reissued benefits (i.e., benefits that were misused by a fiduciary) to a beneficiary's estate in situations where a beneficiary predeceases a payment. The VA must pay such benefits to an individual or entity in the following order: the estate of the beneficiary, a successor fiduciary serving the beneficiary when the beneficiary died, or the next inheritor determined by a court of competent jurisdiction.

118 S263 IS: Restoring Benefits to Defrauded Veterans Act of 2023 U.S. Senate 2023-02-02 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 263 IN THE SENATE OF THE UNITED STATES February 2, 2023 Mr. Manchin Mr. Tuberville Committee on Veterans' Affairs A BILL To amend title 38, United States Code, to require the Secretary of Veterans Affairs to repay the estates of deceased beneficiaries for certain benefits paid by the Secretary and misused by fiduciaries of such beneficiaries, and for other purposes. 1. Short title This Act may be cited as the Restoring Benefits to Defrauded Veterans Act of 2023 2. Repayment by the Secretary of Veterans Affairs of estates of deceased beneficiaries for certain benefits paid by the Secretary and misused by fiduciaries Section 6107 of title 38, United States Code, is amended— (1) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; (2) by inserting after subsection (b) the following new subsection (c): (c) Reissuance of amounts in the case of a deceased beneficiary (1) If a beneficiary described in subsection (a) predeceases a payment under subsection (a) or (b), the Secretary shall pay such benefits, subject to paragraph (2), to an individual or entity in the following order: (A) The estate of the beneficiary. (B) A successor fiduciary serving the beneficiary when the beneficiary died. (C) The next inheritor determined by a court of competent jurisdiction. (2) The Secretary may not make a payment under this subsection to a fiduciary who misused benefits of the beneficiary. ; and (3) in subsection (e), as redesignated, by striking subsection (a) or (b) this section

Restoring Benefits to Defrauded Veterans Act of 2023

Federal Jobs Guarantee Development Act of 2023 This bill requires the Department of Labor to establish a pilot program to provide grants to eligible entities (i.e., political subdivisions of states and Tribal entities with a high unemployment rate) for programs to guarantee employment to individuals residing in the areas served by such entities.

113 S2651 IS: Federal Jobs Guarantee Development Act of 2023 U.S. Senate 2023-07-27 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 2651 IN THE SENATE OF THE UNITED STATES July 27, 2023 Mr. Booker Mr. Merkley Ms. Warren Committee on Finance A BILL To require the Secretary of Labor to establish a pilot program to provide grants for job guarantee programs. 1. Short title This Act may be cited as the Federal Jobs Guarantee Development Act of 2023 2. Job guarantee pilot program (a) Definitions In this section: (1) Eligible entity The term eligible entity (A) is a political subdivision of a State, Tribal entity, or a combination of contiguous political subdivisions or Tribal entities; (B) has an unemployment rate that is not less than 150 percent of the national unemployment rate, as determined by the Bureau of Labor Statistics (except in the case of Tribal entities which may submit their own employment data where no such Federal data is available for such entities) based on the most recent data available at the time the Secretary solicits applications for grants under this section; and (C) submits an application in accordance with subsection (d). (2) Job guarantee program The term job guarantee program (3) Rural area The term rural area (4) Tribal entity The term Tribal entity 25 U.S.C. 5304 (5) Urban area The term urban area (6) Secretary The term Secretary (7) WIOA definitions The terms adult education and literacy activities career planning individual with a barrier to employment in-demand industry sector or occupation local board recognized postsecondary credential State board supportive services workplace learning advisor 29 U.S.C. 3102 (b) Establishment (1) In general The Secretary shall establish a pilot program to provide competitive grants to eligible entities to establish programs to ensure that any individual within the area served by the entity who applies for a job through the program will be provided with employment as provided for in this section. (2) Termination Federal funding for a job guarantee program established under a grant under this section shall terminate on the earlier of— (A) the end of the 3-year period beginning on the date of the grant; or (B) the date of any revocation of the grantee as an eligible entity. (c) Job guarantee programs A job guarantee program meets the requirements of this subsection if the jobs provided under such program— (1) are available to all individuals who— (A) are 18 years of age or older; and (B) reside in the area served under the program at the time the area became an eligible entity; except that participants in the program may be disciplined, released, or suspended from further participation in jobs under this program if they are found to be negligent, or generally disruptive to the workplace involved under procedures established by the Secretary that provide for an opportunity for a review of such determinations; (2) are, with respect to individual participants, included as part of an established bargaining unit and covered by any applicable collective bargaining agreement in effect if similarly situated employees are part of such unit and represented by an exclusive bargaining representative; (3) are available for the duration of the pilot program; (4) provide a wage of not less than the greater of— (A) the hourly wage provided for under the provisions of S. 2488 (118th Congress), if enacted, or the hourly wage otherwise required to be paid to employees in area to be served under the pilot program, whichever is greater; (B) the prevailing wage in the area involved for a similar job as required by chapter 67 (C) the applicable wage under an applicable collective bargaining agreement as provided for under paragraph (2); (5) provide for coverage of the worker under a health insurance program that is comparable to that offered to Federal employees under the Federal Employee Health Benefits Program; and (6) provide at a minimum— (A) paid family leave consistent with the provisions of S. 1714 (118th Congress) and applicable State law; and (B) paid sick leave consistent with the provision of S. 1664 (118th Congress) and applicable State law. (d) Other uses Funds may be used to provide workers in a job guarantee program with— (1) supportive services, which can include transportation, child care, dependent care, housing, and needs-related payments, that are necessary to enable an individual to participate in activities authorized under this Act; (2) access to a workplace learning advisor to support the education, skill development, job training, career panning, and credentials required to progress toward career goals of such employees in order to meet employer requirements related to job openings and career advancements that support economic self-sufficiency; (3) adult education and literacy activities, including those provided by public libraries; (4) activities that assist justice involved individuals, formerly incarcerated individuals, and individuals with criminal records in reentering the workforce; and (5) financial literacy activities including those described in section 129(b)(2)(D) of the Workforce Innovation and Opportunity Act. (e) Applications An eligible entity seeking a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. Such application shall include— (1) a description of the geographic area and population that the entity intends to serve under the job guarantee program established under the grant, including the area unemployment rate, underemployment rate, unemployment rate for individuals with disabilities, poverty rate, housing vacancy rate, crime rate, household income, home-ownership rate, labor force participation rate, and educational attainment; (2) to extent practicable, a description of the jobs that will be offered under the job guarantee program, including— (A) a description of supports provided to individuals with disabilities and accommodations required under the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. (B) a description of supports and procedures to ensure job access and opportunities for individuals with criminal records, including information on physical and programmatic accessibility, in accordance with section 188 of the Workforce Innovation and Opportunity Act, if applicable, and the Americans with Disabilities Act of 1990, for individuals with disabilities; (3) the need in the area for jobs to be performed, including for jobs designated as a high-skill, high-wage or in-demand industry sector or occupation by the Secretary, State board, or local board; (4) a description of State, local, or philanthropic funding, including through coordination and in-kind or non-financial support, if any, that will be provided to assist in carrying out the job guarantee program; (5) an assurance that the eligible entity will establish— (A) a public internet website, in conjunction with the Secretary, to post all available jobs under the job guarantee program; and (B) a process for individuals to apply for such jobs; (6) a comprehensive plan to describe how the funding under the program will leverage existing or anticipated local, State, and Federal funding; (7) an assurance that necessary administrative data systems and information technology infrastructure are available, or will be available, to provide for full participation in the evaluation under subsection (k); (8) a description of how the eligible entity will comply with the requirements described in subsection (c)(6); (9) an assurance that the entity will enter into an allocation agreement with the Secretary under subsection (j)(2)(A); and (10) an assurance that energy and infrastructure jobs provided under the program will not exacerbate the impacts of climate change. (f) Selection The Secretary, after reviewing applications from eligible entities, shall award grants under this section to not more than 15 such eligible entities. In awarding such grants, the Secretary shall consider diversity in geographic location, urban-rural composition, and political entity, including the representation of Tribal entities. (g) Amount of grant (1) Establishment of fund There is established in the Treasury of the United States a separate account to be known as the Job Guarantee Program Trust Fund Fund (A) amounts deposited in the Fund under subsection (l); and (B) any interest earned on investment of amounts in the Fund. (2) Use of amounts The Secretary shall use amounts in the Fund to make payments to grantees under grants under this section in accordance with paragraph (3). (3) Payments (A) In general The Secretary shall determine the annual amount of a grant under this section based on a formula to be developed by the Secretary. (B) Payments The Secretary shall make payments to grantees under this section in a manner determined appropriate by the Secretary. The Secretary shall not make subsequent payments to a grantee after the initial payment until the grantee certifies to the Secretary that the grantee has expended, transferred, or obligated not less than 80 percent of the most recent payment made under this subsection. (h) Limitations An eligible entity may not use amounts received under a grant under this section to— (1) employ individuals who will replace, or lead to the displacement of, existing employees, positions, or individuals who would otherwise perform similar employment, or disrupt existing contracts and collective bargaining agreements, as defined in section 181(b) of the Workforce Innovation and Opportunity Act ( Public Law 113–128 (2) perform functions otherwise prohibited by Federal, State, or local laws; and (3) carry out other prohibited activities, as determined by the Secretary. (i) Federal provision of jobs in pilot sites (1) Guidance Not later than 30 days after the date on which the Secretary awards the first grant under this section, the Secretary shall— (A) provide guidance to the heads of appropriate Federal agencies to notify such agencies of job guarantee programs established under such grants; and (B) request that such agencies notify the Secretary, within 30 days of the date on which the guidance is received under paragraph (1), of the number and types of jobs that such agency would make available through each of the programs. (2) Application of provisions The requirements of subsection (c) relating to wages and benefits provided to participants in jobs provided under job guarantee programs, and the limitations in subsection (h), shall apply to Federal agencies and jobs provided under this subsection, except that a Federal agency shall employ each individual under this subsection for up to three years. (3) Listing of jobs on website The Secretary shall establish procedures to ensure that jobs identified under paragraph (1)(B) are listed on the appropriate public internet website as provided for under subsection (e)(5)(A). (4) Reimbursement At the end of each fiscal year, the Secretary shall transfer from the Fund to each Federal agency that employs individuals under a job guarantee program under this section, an amount necessary to reimburse such agency for the full cost of employing each such individual during such fiscal year. (j) Training (1) In general The Secretary shall develop procedures to support up to 8 weeks of paid training (through privately or publicly funded training programs, such as those provided by the public workforce system) to participants in order to perform duties required by job guarantee programs under this section, including a new period of training, not to exceed 8 weeks, prior to commencing any new job under the program. (2) Specific populations With respect to certain populations with barriers to employment (as defined in section 3(24) of the Workforce Innovation and Opportunity Act ( Public Law 113–128 (k) Priorities and audits (1) Priorities Prior to awarding the initial grants under this section, the Secretary shall issue a list of national job priorities relating to jobs that may be carried out under job guarantee programs, that shall include child care, care for seniors and individuals with disabilities, clean energy jobs, and sustainable infrastructure activities. The Secretary shall take State board and local board suggestions into consideration when issuing such list. (2) Audits (A) In general The Secretary, acting through the Inspector General of the Department of Labor, shall carry out annual audits of the use of grant funds provided to eligible entities under this section. (B) Allocation agreements and misuse of funds (i) Allocation agreements An eligible entity shall enter into an allocation agreement with the Secretary that shall provide that the Secretary shall recoup any amounts paid to the entity under a grant under this section if the results of an audit under subparagraph (A) include a finding that there was an intentional or reckless misuse of such funds by such entity. (ii) Loss of eligibility An eligible entity that is determined to have falsified or otherwise misstated data in any report submitted to the Secretary with the intent to deceive or mislead the Secretary shall be ineligible to receive additional funds under this section. (l) Reports Not later than 90 days after the end of each calendar year for which an eligible entity obligates or expends any amounts made available under a grant under this section, the eligible entity shall submit to the Secretary a report that— (1) specifies the amount of grant funds obligated or expended for the preceding fiscal year; (2) specifies any purposes for which the funds were obligated or expended; and (3) includes any other information that the Secretary may require to more effectively administer the grant program under this section, including the indicators of performance under section 116(b)(2)(A)(i) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3141(b)(2)(A)(i) 29 U.S.C. 3102(24) (m) Evaluation The Chief Evaluation Officer at the Department of Labor shall provide for the conduct of an evaluation of the pilot program, using a rigorous design and evaluation methods to assess the implementation of the programs and their impact on— (1) overall employment, public-sector employment, and private-sector employment; (2) private sector employment, wages, and benefits; (3) poverty rate; (4) public assistance spending and other Federal spending in the area served by the program; (5) child health and educational outcomes; (6) health and well-being of those with mental, emotional, and behavioral health needs; (7) incarceration rates; (8) the environment, including air quality and water quality; (9) the indicators of performance as described in subsection (l)(3); and (10) other economic development and individual outcome indicators, as determined by the Secretary. (n) Expansion of work opportunity credit To include participants in job guarantee programs (1) In general Subsection (d) of section 51 (A) in paragraph (1)— (i) in subparagraph (I), by striking or (ii) in subparagraph (J), by striking the period at the end and inserting , or (iii) by adding at the end the following new subparagraph: (K) a qualified participant in a job guarantee program. ; and (B) by adding at the end the following new paragraph: (16) Qualified participant in a job guarantee program The term qualified participant in a job guarantee program Federal Jobs Guarantee Development Act of 2023 . (2) Effective date The amendments made by this subsection shall apply to individuals who begin work for the employer after December 31, 2023. (o) Appropriations From funds in the Treasury not otherwise appropriated, there are appropriated to the Secretary such sums as may be necessary to carry out this section.

Federal Jobs Guarantee Development Act of 2023

Modernizing Agricultural and Manufacturing Bonds Act This bill modifies provisions relating to qualified small issue bonds for manufacturing purposes by expanding the definition of manufacturing facility to include a facility that (1) is used in the creation or production of intangible property; or (2) is functionally related, subordinate to, and located on the same site as a facility used in the manufacturing or production of tangible or intangible personal property. The bill also increases from $10 million to $30 million the maximum bond size limitation. The bill modifies requirements for private activity bond financing for first-time farmers. The modified provisions (1) increase from $450,000 to $1 million (adjusted annually for inflation) the amount of bond proceeds that may be used by a first-time farmer to acquire land for farming purposes, (2) repeal the separate dollar limitation on the use of bond proceeds for used farm equipment, and (3) revise the definition of substantial farmland to determine farm size by reference to the average (instead of median) size of a farm in the county in which the farm is located.

118 S2653 IS: Modernizing Agricultural and Manufacturing Bonds Act U.S. Senate 2023-07-27 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 2653 IN THE SENATE OF THE UNITED STATES July 27, 2023 Mr. Brown Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to modify certain rules applicable to qualified small issue manufacturing bonds, to expand certain exceptions to the private activity bond rules for first-time farmers, and for other purposes. 1. Short title This Act may be cited as the Modernizing Agricultural and Manufacturing Bonds Act 2. Modifications to qualified small issue bonds (a) Manufacturing Facilities To Include Production of Intangible Property and Functionally Related Facilities Subparagraph (C) of section 144(a)(12) (C) Manufacturing facility For purposes of this paragraph— (i) In general The term manufacturing facility (I) is used in the manufacturing or production of tangible personal property (including the processing resulting in a change in the condition of such property), (II) is used in the creation or production of intangible property which is described in section 197(d)(1)(C)(iii), or (III) is functionally related and subordinate to a facility described in subclause (I) or (II) if such facility is located on the same site as the facility described in subclause (I) or (II). (ii) Certain facilities included The term manufacturing facility (I) those facilities are located on the same site as the manufacturing facility, and (II) not more than 25 percent of the net proceeds of the issue are used to provide those facilities. (iii) Limitation on office space A rule similar to the rule of section 142(b)(2) shall apply for purposes of clause (i). (iv) Limitation on refundings for certain property Subclauses (II) and (III) of clause (i) shall not apply to any bond issued on or before the date of the enactment of the Modernizing Agricultural and Manufacturing Bonds Act Modernizing Agricultural and Manufacturing Bonds Act . (b) Increase in limitations (1) In general Section 144(a)(4) of such Code is amended— (A) in subparagraph (A)(i), by striking $10,000,000 $30,000,000 (B) in the heading, by striking $10,000,000 $30,000,000 (2) Increase in additional capital expenditures not taken into account Section 144(a)(4)(G) of such Code is amended by inserting $30,000,000, in the case of bonds issued after the date of the enactment of the Modernizing Agricultural and Manufacturing Bonds Act (3) Increase in aggregate limit per taxpayer Section 144(a)(10)(A) of such Code is amended by striking $40,000,000 $120,000,000 (4) Adjustment for inflation Section 144(a) (13) Adjustment for inflation In the case of any calendar year after 2023, the $30,000,000 amounts in paragraph (4)(A), the $30,000,000 amount in paragraph (4)(G), and the $120,000,000 amount in paragraph (10)(A) shall each be increased by an amount equal to— (A) such dollar amount, multiplied by (B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year, determined by substituting calendar year 2022 calendar year 2016 If any amount as increased under the preceding sentence is not a multiple of $100,000, such amount shall be rounded to the nearest multiple of $100,000. . (c) Effective date The amendments made by this section shall apply to obligations issued after the date of the enactment of this Act. 3. Expansion of certain exceptions to the private activity bond rules for first-time farmers (a) Increase in dollar limitation (1) In general Section 147(c)(2)(A) $450,000 $1,000,000 (2) Repeal of separate lower dollar limitation on used farm equipment Section 147(c)(2) of such Code is amended by striking subparagraph (F) and by redesignating subparagraphs (G) and (H) as subparagraphs (F) and (G), respectively. (3) Qualified small issue bond limitation conformed to increased dollar limitation Section 144(a)(11)(A) of such Code is amended by striking $250,000 $1,000,000 (4) Inflation adjustment (A) In general Section 147(c)(2)(G) of such Code, as redesignated by paragraph (2), is amended— (i) by striking after 2008, the dollar amount in subparagraph (A) shall be increased after 2023, the dollar amounts in subparagraph (A) and section 144(a)(11)(A) shall each be increased (ii) in clause (ii), by striking 2007 2022 (iii) in the last sentence, by striking $100 $10,000 (B) Cross-reference Section 144(a)(11) of such Code is amended by adding at the end the following new subparagraph: (D) Inflation adjustment For inflation adjustment of dollar amount contained in subparagraph (A), see section 147(c)(2)(G). . (b) Substantial farmland determined on basis of average rather than median farm size Section 147(c)(2)(E) of such Code is amended by striking median average (c) Effective date The amendments made by this section shall apply to bonds issued after the date of the enactment of this Act.

Modernizing Agricultural and Manufacturing Bonds Act

Fair Calculations in Civil Damages Act of 2023 This bill prohibits courts from awarding damages to plaintiffs in civil actions using a calculation for projected future earning potential that takes into account a plaintiff's race, ethnicity, gender, religion, or actual or perceived sexual orientation. The bill requires the Department of Labor to develop guidance for economists to develop future earnings tables that do not rely on race, ethnicity, gender, religion, or actual or perceived sexual orientation. Additionally, Labor and the Department of Justice must develop guidance for states on how to calculate future earnings in state tort proceedings in a manner that is free of such biases. The Judicial Conference of the United States must report on damages awarded under federal law for personal injury, employment discrimination, tort damages, and cases involving protected classes of individuals sharing a common characteristic or identity who are legally protected against discrimination. The Administrative Office of the United States Courts must submit recommendations to ensure that future earnings calculations that take into account age and disability do not conflict with federal equal protection laws. The bill requires the Federal Judicial Center to train federal judges on how to implement this bill.

118 S2658 IS: Fair Calculations in Civil Damages Act of 2023 U.S. Senate 2023-07-27 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 2658 IN THE SENATE OF THE UNITED STATES July 27, 2023 Mr. Booker Committee on the Judiciary A BILL To prohibit a court from awarding damages based on race, ethnicity, gender, religion, or actual or perceived sexual orientation, and for other purposes. 1. Short title This Act may be cited as the Fair Calculations in Civil Damages Act of 2023 2. Definitions In this Act— (1) the term future earnings table (A) how many years an individual would have worked in the future; or (B) the average wage an individual would have earned in the future; and (2) the term protected class 3. Calculations of damages (a) In general Notwithstanding any other provision of law, no court of the United States may award damages to a plaintiff in a civil action using a calculation for the projected future earning potential of that plaintiff that takes into account the race, ethnicity, gender, religion, or actual or perceived sexual orientation of the plaintiff. (b) Rule of construction Nothing in this section shall be construed to deny a court from ordering damages based on the fact that the plaintiff is a member of a protected class or for the purposes of Federal civil rights laws. 4. Inclusive future earnings tables Not later than 180 days after the date of enactment of this Act— (1) the Secretary of Labor shall develop guidance for forensic economists to develop inclusive future earnings tables that do not rely on race, ethnicity, gender, religion, or actual or perceived sexual orientation; and (2) the Secretary of Labor and the Attorney General shall develop guidance for States on how to make calculations of future earnings in State tort proceedings free of bias on the basis of race, ethnicity, gender, religion, or actual or perceived sexual orientation. 5. Study and report (a) Judicial Conference of the United States (1) In general Not later than 1 year after the date of enactment of this Act, the Judicial Conference of the United States shall conduct a study on— (A) damages awarded under Federal law for personal injury; and (B) the aggregate data described in paragraph (1)— (i) by case type, including employment discrimination and tort damages; (ii) by protected classes, including race, ethnicity, gender, religion, and actual or perceived sexual orientation; and (iii) any other information that the Judicial Conference of the United States determines is relevant. (2) Report Not later than 18 months after the date of enactment of this Act, the Judicial Conference of the United States shall submit to Congress a report on the study conducted under paragraph (1). (b) Administrative Office of the United States Courts Not later than 1 year after the date of enactment of this Act, the Administrative Office of the United States Courts shall conduct a study and submit to Congress recommendations resulting from the study on how to ensure that calculations of future earning potential of plaintiffs that take into account age and disability without conflicting with Federal equal protection laws. 6. Training The Federal Judicial Center shall conduct training for Federal judges on how to implement this Act, including instructions on how to use tables on future earnings in evidence that comply with this Act.

Fair Calculations in Civil Damages Act of 2023

Fairness for Crime Victims Act of 2023 This bill establishes budget points of order in the House of Representatives and the Senate against considering provisions in appropriations legislation that contain changes in mandatory programs (CHIMPs) that would cause the amount available for obligation during the fiscal year from the Crime Victims Fund to be less than the annual average for the three previous fiscal years. A CHIMP is a provision that (1) would have been estimated as affecting direct spending or receipts if the provision were included in legislation other than an appropriations bill; and (2) results in a net decrease in budget authority in the current year or the budget year, but does not result in a net decrease in outlays over the period of the total of the current year, the budget year, and all fiscal years covered under the most recently adopted budget resolution.

98 S2661 IS: Fairness for Crime Victims Act of 2023 U.S. Senate 2023-07-27 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 2661 IN THE SENATE OF THE UNITED STATES July 27, 2023 Mr. Braun Mr. Lankford Mr. Cruz Committee on the Budget A BILL To curtail the use of changes in mandatory programs affecting the Crime Victims Fund to inflate spending. 1. Short title This Act may be cited as the Fairness for Crime Victims Act of 2023 2. Point of order against certain changes in mandatory programs affecting the Crime Victims Fund (a) Findings Congress finds that— (1) the Crime Victims Fund was created in 1984, with the support of overwhelming bipartisan majorities in the House of Representatives and the Senate and the support of President Ronald Reagan, who signed the Victims of Crime Act of 1984 ( Public Law 98–473 (2) the Crime Victims Fund was created based on the principle that funds the Federal Government collects from those convicted of crime should be used to aid those who have been victimized by crime; (3) the Crime Victims Fund is funded from fines, penalties, and forfeited bonds in Federal court and private donations; (4) the Crime Victims Fund receives no taxpayer dollars; (5) Federal law provides that funds deposited into the Crime Victims Fund shall be used to provide services to victims of crime in accordance with the Victims of Crime Act of 1984; (6) the Victims of Crime Act of 1984 gives priority to victims of child abuse, sexual assault, and domestic violence; (7) since fiscal year 2000, Congress has been accounting for funds collected by the Crime Victims Fund, but not disbursing the full amount provided for under the Victims of Crime Act of 1984; (8) over $10,000,000,000 has been withheld from victims of child abuse, sexual assault, domestic violence, and other crimes; (9) from fiscal year 2010 through fiscal year 2014, the Crime Victims Fund collected $12,000,000,000, but Congress disbursed only $3,600,000,000 (or 30 percent) to victims of crime; (10) since fiscal year 2015, Congress has increased disbursals from the Crime Victims Fund to victims of crime, but a permanent solution is necessary to ensure consistent disbursals to victims of crime who rely on these funds every year; (11) under budget rules, Congress represents that the money it has already spent in prior years is still in the Crime Victims Fund and available for victims of crime; (12) it is time to restore fairness to crime victims; and (13) funds collected by the Crime Victims Fund should be used for services to and compensation of crime victims in accordance with the Victims of Crime Act of 1984. (b) Amendment Title IV of the Congressional Budget Act of 1974 ( 2 U.S.C. 651 et seq. C Additional limitations on budgetary and appropriations legislation 441. Point of order against changes in mandatory programs affecting the Crime Victims Fund (a) Definitions In this section— (1) the term CHIMP (A) would have been estimated as affecting direct spending or receipts under section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 902 (B) results in a net decrease in budget authority in the current year or the budget year, but does not result in a net decrease in outlays over the period of the total of the current year, the budget year, and all fiscal years covered under the most recently adopted concurrent resolution on the budget; (2) the term Crime Victims Fund 34 U.S.C. 20101 (3) the term 3-year average amount (b) Point of order in the Senate (1) Point of order (A) In general Except as provided in subparagraph (C), in the Senate, it shall not be in order to consider a provision in a bill or joint resolution making appropriations for all or a portion of a fiscal year, or an amendment thereto, amendment between the Houses in relation thereto, conference report thereon, or motion thereon, that contains a CHIMP that, if enacted, would cause the amount available for obligation during the fiscal year from the Crime Victims Fund to be less than the 3-year average amount. (B) Point of order sustained If a point of order is made by a Senator against a provision described in subparagraph (A), and the point of order is sustained by the Chair, that provision shall be stricken from the measure and may not be offered as an amendment from the floor. (C) Limitation A point of order shall not lie in the Senate under this paragraph if the difference between the amount in the Crime Victims Fund as of September 30 of the fiscal year immediately preceding the fiscal year to which the CHIMP described in subparagraph (A) relates and the amount available for obligation under the CHIMP described in subparagraph (A) is not more than $2,000,000,000. (2) Form of the point of order A point of order under paragraph (1) may be raised by a Senator as provided in section 313(e). (3) Conference reports When the Senate is considering a conference report on, or an amendment between the Houses in relation to, a bill or joint resolution, upon a point of order being made by any Senator pursuant to paragraph (1), and such point of order being sustained, such material contained in such conference report or House amendment shall be stricken, and the Senate shall proceed to consider the question of whether the Senate shall recede from its amendment and concur with a further amendment, or concur in the House amendment with a further amendment, as the case may be, which further amendment shall consist of only that portion of the conference report or House amendment, as the case may be, not so stricken. Any such motion in the Senate shall be debatable. In any case in which such point of order is sustained against a conference report (or Senate amendment derived from such conference report by operation of this subsection), no further amendment shall be in order. (4) Supermajority waiver and appeal In the Senate, this subsection may be waived or suspended only by an affirmative vote of three-fifths of the Members, duly chose and sworn. An affirmative vote of three-fifths of Members of the Senate, duly chosen and sworn shall be required to sustain an appeal of the ruling of the Chair on a point of order raised under this subsection. (5) Determination For purposes of this subsection, budgetary levels shall be determined on the basis of estimates provided by the Chairman of the Committee on the Budget of the Senate. (c) Point of order in the House of Representatives (1) In general (A) Point of order Except as provided in subparagraph (B), a provision in a bill or joint resolution making appropriations for a fiscal year that proposes a CHIMP that, if enacted, would cause the amount available for obligation during the fiscal year from the Crime Victims Fund to be less than the 3-year average amount shall not be in order in the House of Representatives. (B) Limitation Subparagraph (A) shall not apply if the difference between the amount in the Crime Victims Fund as of September 30 of the fiscal year immediately preceding the fiscal year to which the CHIMP described in subparagraph (A) relates and the amount available for obligation under the CHIMP described in subparagraph (A) is not more than $2,000,000,000. (2) Amendments and conference reports It shall not be in order in the House of Representatives to consider an amendment to, or a conference report on, a bill or joint resolution making appropriations for a fiscal year if such amendment thereto or conference report thereon proposes a CHIMP that, if enacted, would cause the amount available for obligation during the fiscal year from the Crime Victims Fund to be less than the 3-year average amount. (3) Determination For purposes of this subsection, budgetary levels shall be determined on the basis of estimates provided by the Chairman of the Committee on the Budget of the House of Representatives. . (c) Technical and conforming amendment The table of contents in section 1(b) of the Congressional Budget and Impoundment Control Act of 1974 is amended by inserting after the item relating to section 428 the following: PART C—Additional limitations on budgetary and appropriations legislation Sec. 441. Point of order against changes in mandatory programs affecting the Crime Victims Fund. .

Fairness for Crime Victims Act of 2023

Federal Firefighter Cancer Detection and Prevention Act of 2023 This bill requires the Department of Defense (DOD) to provide its firefighters with medical testing and related services to detect, document, and prevent certain cancers. DOD firefighters may opt out of such testing or services. DOD must document certain information related to the offered testing and services, but must ensure personally identifiable information is removed prior to analyzing the information. DOD may share data with the Centers for Disease Control and Prevention to increase the knowledge and understanding of cancer occurrences among firefighters.

104 S2665 IS: Federal Firefighter Cancer Detection and Prevention Act of 2023 U.S. Senate 2023-07-27 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 2665 IN THE SENATE OF THE UNITED STATES July 27, 2023 Mr. Carper Ms. Collins Committee on Armed Services A BILL To require the Secretary of Defense to provide to firefighters of the Department of Defense medical testing and related services to detect and prevent certain cancers. 1. Short title This Act may be cited as the Federal Firefighter Cancer Detection and Prevention Act of 2023 2. Medical testing and related services for firefighters of Department of Defense (a) Provision of services During the annual periodic health assessment of each firefighter of the Department of Defense, or at such other intervals as may be indicated in subsection (b), the Secretary of Defense shall provide to the firefighter (at no cost to the firefighter) appropriate medical testing and related services to detect, document the presence or absence of, and prevent, certain cancers. (b) Criteria Services required to be provided under subsection (a) shall meet, at a minimum, the following criteria: (1) Breast cancer With respect to breast cancer screening, if the firefighter is a female firefighter— (A) such services shall include the provision of a mammogram to the firefighter— (i) if the firefighter is 40 years old to 49 years old (inclusive), not less frequently than twice each year; (ii) if the firefighter is 50 years old or older, not less frequently than annually; and (iii) as clinically indicated (without regard to age); and (B) in connection with the provision of a mammogram under subparagraph (A), a licensed radiologist shall review the most recent mammogram provided to the firefighter, as compared to prior mammograms so provided, and provide to the firefighter the results of such review. (2) Colon cancer With respect to colon cancer screening— (A) if the firefighter is 40 years old or older, or as clinically indicated without regard to age, such services shall include the communication to the firefighter of the risks and benefits of stool-based blood testing; (B) if the firefighter is 45 years old or older, or as clinically indicated without regard to age, such services shall include the provision, at regular intervals, of visual examinations (such as a colonoscopy, CT colonoscopy, or flexible sigmoidoscopy) or stool-based blood testing; and (C) in connection with the provision of a visual examination or stool-based blood testing under subparagraph (B), a licensed physician shall review and provide to the firefighter the results of such examination or testing, as the case may be. (3) Prostate cancer With respect to prostate cancer screening, if the firefighter is a male firefighter, such services shall include the communication to the firefighter of the risks and benefits of prostate cancer screenings and the provision to the firefighter of a prostate-specific antigen test— (A) not less frequently than annually if the firefighter— (i) is 50 years old or older; or (ii) is 40 years old or older and is a high-risk individual; and (B) as clinically indicated (without regard to age). (4) Other cancers Such services shall include routine screenings for any other cancer the risk or occurrence of which the Director of the Centers for Disease Control and Prevention has identified as higher among firefighters than among the general public, the provision of which shall be carried out during the annual periodic health assessment of the firefighter. (c) Optional nature A firefighter of the Department of Defense may opt out of the receipt of medical testing or a related service provided under subsection (a). (d) Use of consensus technical standards In providing medical testing and related services under subsection (a), the Secretary shall use consensus technical standards in accordance with section 12(d) of the National Technology Transfer and Advancement Act of 1995 ( Public Law 104–113 15 U.S.C. 272 (e) Documentation (1) In general In providing medical testing and related services under subsection (a), the Secretary— (A) shall document the acceptance rates of such tests offered and the rates of such tests performed; (B) shall document tests results to identify trends in the rates of cancer occurrences among firefighters; and (C) may collect and maintain additional information from the recipients of such tests and other services to allow for appropriate scientific analysis. (2) Privacy In analyzing any information of an individual documented, collected, or maintained under paragraph (1), in addition to complying with other applicable privacy laws, the Secretary shall ensure the name and any other personally identifiable information of the individual is removed from such information prior to the analysis. (3) Sharing with Centers for Disease Control and Prevention The Secretary may share data from any tests performed under subsection (a) with the Director of the Centers for Disease Control and Prevention, as appropriate, to increase the knowledge and understanding of cancer occurrences among firefighters. (f) Definitions In this section: (1) Firefighter The term firefighter (2) High-risk individual The term high-risk individual (A) is African American; (B) has at least one first-degree relative who has been diagnosed with prostate cancer at an early age; or (C) is otherwise determined by the Secretary to be high risk with respect to prostate cancer.

Federal Firefighter Cancer Detection and Prevention Act of 2023

CDFI Fund Transparency Act This bill requires annual congressional testimony from the Department of the Treasury regarding the operations of the Community Development Financial Institutions Fund.

118 S2674 IS: CDFI Fund Transparency Act U.S. Senate 2023-07-27 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 2674 IN THE SENATE OF THE UNITED STATES July 27, 2023 Mr. Daines Mr. Warner Mr. Crapo Mr. Warnock Committee on Banking, Housing, and Urban Affairs A BILL To amend the Community Development Banking and Financial Institutions Act of 1994 to increase transparency and accountability regarding the operations of the Community Development Financial Institutions Fund. 1. Short title This Act may be cited as the CDFI Fund Transparency Act 2. Requirement to testify Section 104(b) of the Community Development Banking and Financial Institutions Act of 1994 ( 12 U.S.C. 4703(b) (5) Annual testimony The Secretary of the Treasury (or a designee of the Secretary) shall, at the discretion of the chairman of the Committee on Banking, Housing, and Urban Affairs of the Senate and chairman of the Committee on Financial Services of the House of Representatives, annually testify before such committees (or a subcommittee of such committees) regarding the operations of the Fund during the previous fiscal year. .

CDFI Fund Transparency Act

Child Care Workforce and Facilities Act of 2023 This bill requires the Department of Health and Human Services to provide states and tribal entities with grants to increase access to licensed child care services. The grants may be used to develop and expand the child care workforce or child care facilities in locations with insufficient available child care. Specifically, grants cover 50% of the cost of programs to support the education and training of caregivers or projects to build, expand, or renovate child care facilities in these areas.

118 S268 IS: Child Care Workforce and Facilities Act of 2023 U.S. Senate 2023-02-02 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 268 IN THE SENATE OF THE UNITED STATES February 2, 2023 Ms. Klobuchar Mr. Sullivan Mr. King Ms. Sinema Mrs. Shaheen Mr. Heinrich Mr. Whitehouse Ms. Duckworth Mrs. Feinstein Mrs. Gillibrand Mr. Merkley Committee on Health, Education, Labor, and Pensions A BILL To assist States in carrying out projects to expand the child care workforce and child care facilities in the States, and for other purposes. 1. Short title This Act may be cited as the Child Care Workforce and Facilities Act of 2023 2. Child care workforce and facilities grants (a) Definitions In this Act: (1) Child care and development block grant act of 1990 definitions The terms eligible child care provider Indian Tribe Tribal organization State 42 U.S.C. 9858n (2) Child care desert The term child care desert (A) an area— (i) within a census tract; and (ii) in which the number of children who are under age 5 (as determined using the most recent American Community Survey 1-year Estimates, as published by the Bureau of the Census) is more than 3 times the number of slots provided by child care providers who are licensed or registered by the State involved; or (B) a community that the State or Tribal entity involved determines has a low supply of quality, affordable child care. (3) Family child care provider The term family child care provider (4) Licensed family child care home The term licensed family child care home (5) Portable credential; stackable credential The terms portable stackable Training and Employment Guidance Letter No. 15–10 (6) Postsecondary educational institution The term postsecondary educational institution 20 U.S.C. 1002 (7) Secretary The term Secretary (8) Tribal area The term Tribal area (9) Tribal entity The term Tribal entity (b) Grants to States and Tribal entities (1) Grants (A) In general The Secretary shall make grants to States and Tribal entities on a competitive basis under subparagraph (B) to pay for the Federal share of the cost of carrying out projects described in this Act, in order to increase access to quality child care, by eligible child care providers, in the States and Tribal areas. (B) Types of grants In making those grants, the Secretary may make— (i) a child care workforce grant for a State or Tribal project to develop and expand the workforce of eligible child care providers in child care deserts in the State or Tribal area; or (ii) a child care facility grant for a State or Tribal project through which a State or Tribal entity may use or disburse the grant funds, including by making loans, for the construction, expansion, or renovation of facilities of eligible child care providers, including licensed family child care homes of family child care providers (including combinations of such providers) who are eligible child care providers, in child care deserts in the State or Tribal area. (C) Period of grants The Secretary shall make a grant under this paragraph for a period of not more than 5 years. (2) Application To be eligible to receive a grant under this subsection, a State or Tribal entity shall submit an application to the Secretary for a project described in paragraph (1) at such time, in such manner, and containing a plan that contains such information related to the project as the Secretary may reasonably require, including— (A) information identifying the lead State agency that will administer the grant as determined by the Governor of the State, including whether the lead agency will be different from the lead agency referred to in section 658D of the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858b (B) in the case of a child care workforce grant— (i) information specifying how the project carried out under the grant will increase the number of individuals attaining stackable and portable credentials in child care or early childhood education; (ii) information describing how the State or Tribal agency will emphasize the provision of— (I) outreach to individuals who do not have degrees from postsecondary educational institutions, regarding career pathways to careers in child care or early childhood education; and (II) outreach to individuals who seek a career working with children, but who have not completed the requirements for, or cannot afford to obtain, a degree from a postsecondary educational institution in education, child care, or early childhood education; (iii) information describing how the project will provide assistance, including assistance described in paragraph (3)(A), to individuals— (I) who are pursuing or with such project assistance would pursue secondary education, postsecondary education, or training, that leads to a recognized postsecondary credential (as defined in section 3 of the Workforce Innovation Opportunity Act ( 29 U.S.C. 3102 20 U.S.C. 2301 et seq. 29 U.S.C. 3101 et seq. (II) who are pursuing or with such project assistance would pursue secondary education, postsecondary education, or training, that meets such requirements as the State or Tribal entity shall specify, even if the education or training does not lead to credit toward such a recognized postsecondary credential or a degree from a postsecondary educational institution; (iv) information describing how the project will— (I) increase the availability of quality child care provided by eligible child care providers in child care deserts (referred to in this clause as target child care (II) address the affordability of target child care; and (III) address the provision of target child care during nontraditional hours; (v) information describing how the project will increase access to quality child care provided by eligible child care providers in centers or other child care facilities; (vi) information describing how the project will enhance retention or compensation of eligible child care providers; and (vii) a description of how the State agency or Tribal entity will— (I) coordinate activities carried out under the child care workforce grant with activities carried out under the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2301 et seq. 29 U.S.C. 3101 et seq. (II) leverage funds provided under the Acts specified in subclause (I) to support that education and training; and (III) utilize, and encourage individual participants in projects supported under this subsection to utilize, available Federal and State financial assistance, including assistance available under the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3101 et seq. 20 U.S.C. 1070a (C) in the case of a child care facility grant— (i) information, with respect to the child care facility project involved, described in clause (v) of subparagraph (B); (ii) information on how the State or Tribal entity will use the grant funds to expand the supply of family child care providers (including combinations of such providers); and (iii) information describing how the project will— (I) directly and indirectly, increase the availability of quality child care provided by eligible child care providers in child care deserts (referred to in this clause as target child care (II) address the affordability of target child care; and (III) address the provision of target child care during nontraditional hours. (3) Use of funds (A) Child care workforce grants A State or Tribal entity that receives a child care workforce grant under paragraph (1)(B)(i) may use the funds made available through the grant to support programs that assist individuals in obtaining the education or training described in paragraph (2)(B)(iii)(I), or education or training described in paragraph (2)(B)(iii)(II), including using the funds to defray any of the following costs of related instruction: (i) Tuition and fees. (ii) Cost of textbooks, equipment, curriculum development, and other required educational materials. (iii) Cost of creating or expanding capacity for statewide, regional, or local child care resource and referral organizations, or similar entities, to conduct outreach, technical assistance, or State-recognized and credentialed training. (iv) Cost of any other item or service determined by the State or Tribal entity to be necessary. (B) Child care facility grants A State or Tribal entity that receives a child care facility grant under paragraph (1)(B)(ii) may use the funds made available through the grant to increase the availability of quality child care as described in paragraph (2)(C)(iii)(I) by constructing, expanding, or renovating child care facilities, including using the funds to defray any of the following costs: (i) Cost of equipment or materials. (ii) Cost of construction, expansion, or renovation. (iii) Cost of any other item or service determined by the State or Tribal entity to be necessary. (4) Administrative costs The State or Tribal entity that receives a grant under paragraph (1) may use not more than 10 percent of the grant funds for administrative costs relating to carrying out a project described in paragraph (1). (c) Federal share (1) In general The Federal share of the cost described in subsection (b)(1) shall be 50 percent. (2) Non-Federal share The State or Tribal entity may make the non-Federal share available— (A) in cash or in kind, fairly evaluated, including plant, equipment, or services; and (B) directly or through donations from public or private entities (other than recipients of assistance from a State or Tribal entity under this section). (d) Evaluation and report (1) Evaluation The Secretary shall conduct an evaluation of the activities carried out under the grants, which shall include an analysis of— (A) with respect to the child care workforce grants— (i) the characteristics of the individuals benefitting from the grants; (ii) the progress of such individuals in attaining stackable, portable credentials; and (iii) the progress the States and Tribal entities have achieved through the grants in enhancing retention and compensation of eligible child care providers; (B) with respect to the child care facilities grants, the number and location of facilities benefitting from the grants; and (C) the overall impact of the grants made under this section on the number and concentration of child care deserts across the Nation. (2) Report Not later than 2 years after the end of the grant period of the first child care workforce or child care facility grant the Secretary makes under subsection (b)(1), the Secretary shall submit a report to Congress that contains the findings of the evaluation. (e) Policy of the United States It is the policy of the United States that funds made available to a State or Tribal entity under this section should be used to supplement and not supplant other funds available under the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2301 et seq. 29 U.S.C. 3101 et seq. 3. Authorization of appropriations There is authorized to be appropriated to carry out this Act a total of $100,000,000 for fiscal years 2024 through 2030.

Child Care Workforce and Facilities Act of 2023

Portal for Appraisal Licensing Act of 2023 This bill establishes a central portal for real estate appraisers and real estate appraisal management companies to apply for and to renew certain licenses, certifications, and registrations. The portal must provide connectivity with state agencies and include the ability to pay fees. The Department of Justice must provide access to criminal history information to state officials for required background checks.

118 S2692 IS: Portal for Appraisal Licensing Act of 2023 U.S. Senate 2023-07-27 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 2692 IN THE SENATE OF THE UNITED STATES July 27, 2023 Mr. Tester Mr. Rounds Committee on Banking, Housing, and Urban Affairs A BILL To amend the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 to establish a Portal for Appraiser Credentialing and AMC Registration Information, and for other purposes. 1. Short title This Act may be cited as the Portal for Appraisal Licensing Act of 2023 2. Portal for Appraiser Credentialing and AMC Registration Information Section 1103 of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 ( 12 U.S.C. 3332 (1) in subsection (a)— (A) in paragraph (3), by striking and (B) in paragraph (4), by striking the period on the end and inserting a semicolon; (C) in paragraph (5)— (i) by striking . The report , and which (ii) by striking the period on the end and inserting a semicolon; (D) in paragraph (6), by striking the period on the end and inserting ; and (E) by adding at the end the following: (7) establish and maintain the Portal for Appraiser Credentialing and AMC Registration Information described in subsection (c). ; and (2) by adding at the end the following: (c) Portal for Appraiser Credentialing and AMC Registration Information (1) In general The Appraisal Subcommittee shall establish and maintain a cloud-based system to be called the Portal for Appraiser Credentialing and AMC Registration Information Portal (A) shall provide appraisers and appraisal management companies a central depository for license, certification, and registration applications and renewals; (B) shall provide connectivity with State appraiser certifying and licensing agencies for their access to all application and renewal information, including completed qualifying and continuing education, experience logs, examination results, background check information, where applicable, and any other information the Appraisal Subcommittee determines appropriate (after consideration of any advice from the advisory committee established under paragraph (6)); (C) shall make available payment of all license, certification, and registration fees and delivery of letters of good standing to State appraiser certifying and licensing agencies; and (D) may utilize an existing platform, if available. (2) Background checks (A) Access to records Notwithstanding any other provision of law, in providing appraisal functions, the Attorney General shall provide access to all criminal history information to the appropriate State officials responsible for regulating State-licensed and State-certified appraisers or appraisal management companies to the extent criminal history background checks are required under the laws of the State for the licensing or certification of such appraisers and registering appraisal management companies. (B) Agent For the purposes of this paragraph and in order to reduce the points of contact which the Federal Bureau of Investigation may have to maintain for purposes of subparagraph (A), the Appraisal Subcommittee may be used as a channeling agent of the States for requesting and distributing information between the Department of Justice and the appropriate State agencies. (C) Other persons requiring a background check To the extent criminal history background checks conducted by the Federal Bureau of Investigation are required under the laws of a State, appraisers and any other person that may require such a background check shall submit fingerprints to the Portal and authorize the Appraisal Subcommittee to process a criminal background check with the Federal Bureau of Investigation. (D) Treatment of background checks Background checks completed under this paragraph shall satisfy any third-party oversight requirements imposed by Federal financial institutions regulatory agencies. (3) Additional content information (A) Education courses For purposes of the education information maintained by the Portal— (i) a State appraiser certifying and licensing agency may notify the Portal of which particular courses have been approved by the agency; and (ii) both education providers and State appraiser certifying and licensing agencies of States may submit to the Portal lists of individuals who have completed such courses. (B) Unique identifiers The Appraisal Subcommittee shall use a unique identifier to identify each individual who submits an application through the Portal or otherwise makes use of the Portal. The Appraisal Subcommittee may also use a unique identifier to identify each appraisal management company that submits an application through the Portal or otherwise makes use of the Portal. (4) No effect on States’ rights States shall retain the ability to act independently upon license, certification, and registration applications and renewals for appraisers and appraisal management companies. (5) Treatment of fees State credentialing fees and any State-specific information shall continue to be provided to States by appraisers and appraisal management companies, but transmitted through the Portal via a streamlined process and application. (6) Advisory committee (A) In general The Appraisal Subcommittee shall establish an advisory committee to advise the Appraisal Subcommittee on the establishment of the Portal. (B) Membership The advisory committee shall consist of representatives of industry associations, appraisers, lenders, appraisal management companies, and State appraiser certifying and licensing agencies, to be determined by the Appraisal Subcommittee. (7) Funding (A) User fees For the sole purpose of paying for the cost of establishing and maintaining the Portal and carrying out the background checks required under paragraph (2)(A), the Appraisal Subcommittee may charge a reasonable fee to individuals and appraisal management companies making use of the Portal. The fee shall be revenue neutral to the costs of developing and maintaining the Portal. (B) State grants The Appraisal Subcommittee shall make grants available to State appraiser certifying and licensing agencies, in accordance with policies to be developed by the Appraisal Subcommittee, to support the efforts of such agencies to connect State systems with the Portal. .

Portal for Appraisal Licensing Act of 2023

Parity for Tribal Law Enforcement Act This bill treats certain tribal law enforcement officers as federal law enforcement officers under specified circumstances. Specifically, the bill authorizes the law enforcement officers of any Indian tribe that has contracted or compacted any or all federal law enforcement functions through a contract or compact entered into pursuant to the Indian Self-Determination and Education Assistance Act to enforce federal law within the tribe's jurisdiction if those officers meet certain qualifications. These qualifications include completing training and passing an adjudicated background investigation. Further, the bill deems a tribal law enforcement officer who is acting under an authorized contract or compact as a federal law enforcement officer for the purposes of certain federal laws, including for injury and death, retirement, and pension benefits. The Department of the Interior must (1) develop procedures for credentialing tribal officers to confirm these officers meet minimum certification standards and training requirements for Indian country peace officers, and (2) issue guidance to implement this bill. The bill also requires the Department of Justice to coordinate and provide oversight for its functions and programs to ensure a coordinated approach for public safety in Indian communities.

118 S2695 IS: Parity for Tribal Law Enforcement Act U.S. Senate 2023-07-27 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 2695 IN THE SENATE OF THE UNITED STATES July 27, 2023 Ms. Cantwell Mr. Mullin Committee on Indian Affairs A BILL To amend the Indian Law Enforcement Reform Act to provide for advancements in public safety services to Indian communities, and for other purposes. 1. Short title This Act may be cited as the Parity for Tribal Law Enforcement Act 2. Tribal law enforcement officers The Indian Law Enforcement Reform Act is amended by inserting after section 4 ( 25 U.S.C. 2803 4A. Tribal law enforcement officers (a) In general Notwithstanding any other provision of Federal law, law enforcement officers of an Indian tribe that have contracted or compacted any or all Federal law enforcement functions through a contract or compact entered into pursuant to the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5301 et seq. Tribal officers (1) the applicable Tribal officers have— (A) completed training that is comparable to that of an employee of the Office of Justice Services of the Bureau who is providing the same services in Indian country, as determined by the Deputy Bureau Director of the Office of Justice Services of the Bureau (or a designee); (B) passed an adjudicated background investigation equivalent to that of an employee of the Office of Justice Services of the Bureau who is providing the same services in Indian country; and (C) received a certification from the Office of Justice Services of the Bureau, as described in subsection (c); and (2) the Indian tribe has adopted policies and procedures that meet or exceed those of the Office of Justice Services of the Bureau for the same program, service, function, or activity. (b) Deemed To be Federal law enforcement officers While acting under the authority granted by the Secretary through a contract or compact entered into pursuant to the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5301 et seq. (1) a Federal law enforcement officer for the purposes of— (A) sections 111 and 1114 of title 18, United States Code; (B) subchapter III of chapter 83 and subchapter III of chapter 84 (C) chapter 171 Federal Tort Claims Act (2) an eligible officer under subchapter III of chapter 81 (c) Certification (1) In general Not later than 2 years after the date of enactment of the Parity for Tribal Law Enforcement Act (A) notwithstanding section 5, develop procedures for the credentialing of Tribal officers under this section to provide confirmation that Tribal officers meet minimum certification standards and training requirements for Indian country peace officers, as prescribed by the Secretary; and (B) issue guidance, in consultation with Indian tribes, to otherwise implement this section. (2) IPA Bridge Program Tribal officers who choose to attend a State or other equivalent training program approved by the Deputy Bureau Director of the Office of Justice Services of the Bureau (or a designee) rather than attend the Indian Police Academy shall be required to attend the Bridge Program of the Indian Police Academy, or an equivalent program, prior to receiving a certification under this subsection. . 3. Oversight, coordination, and accountability The Attorney General, acting through the Deputy Attorney General, shall coordinate and provide oversight for all Department of Justice activities, responsibilities, functions, and programs to ensure a coordinated approach for public safety in Indian communities, accountability, and compliance with Federal law, including— (1) the timely submission of reports to Congress; (2) robust training, as required under Federal law and as needed or requested by Indian Tribes or Federal and State officials relating to— (A) public safety in Indian communities; and (B) training outcomes demonstrating a better understanding of public safety approaches in Indian communities; (3) the updating of, and improvements to, United States Attorney operational plans; (4) comprehensive evaluation and analysis of data, including approaches to collecting better data, relating to public safety in Indian communities; and (5) other duties or responsibilities as needed to improve public safety in Indian communities.

Parity for Tribal Law Enforcement Act

Focus on the Mission Act of 2023 This bill prohibits the Department of Defense from requiring the recipient of a federal contract to provide a greenhouse gas inventory or to provide any other report on greenhouse gas emissions.

118 S27 IS: Focus on the Mission Act of 2023 U.S. Senate 2023-01-24 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 27 IN THE SENATE OF THE UNITED STATES January 24 (legislative day, January 3), 2023 Mr. Hoeven Mr. Risch Mrs. Hyde-Smith Ms. Ernst Mr. Marshall Mr. Cruz Mr. Cramer Mr. Tillis Ms. Lummis Mrs. Fischer Mr. Crapo Mr. Lankford Mr. Lee Mr. Scott of Florida Mr. Rubio Mrs. Blackburn Mr. Cassidy Committee on Armed Services A BILL To prohibit the Department of Defense from requiring contractors to provide information relating to greenhouse gas emissions. 1. Short title This Act may be cited as the Focus on the Mission Act of 2023 2. Prohibition on requiring defense contractors to provide information relating to greenhouse gas emissions (a) Definitions In this Act: (1) Greenhouse Gas The term greenhouse gas (A) carbon dioxide; (B) methane; (C) nitrous oxide; (D) nitrogen trifluoride; (E) hydrofluorocarbons; (F) perfluorcarbons; or (G) sulfur hexafluoride. (2) Greenhouse gas inventory The term greenhouse gas inventory (3) Scope 1 emissions The term Scope 1 emissions (4) Scope 2 emissions The term Scope 2 emissions (5) Scope 3 emissions The term Scope 3 emissions (b) Prohibition on disclosure requirements The Secretary of Defense may not require the recipient of a Federal contract to provide a greenhouse gas inventory or to provide any other report on greenhouse gas emissions, including Scope 1 emissions, Scope 2 emissions, or Scope 3 emissions.

Focus on the Mission Act of 2023

Protecting America's Meatpacking Workers Act of 2023 This bill addresses workplace conditions and safety with a particular focus on meat and poultry processing establishments and makes other changes to agricultural programs and activities. Generally, the bill provides funding through FY2029 for hiring additional Occupational Safety and Health Administration (OSHA) inspectors and related activities. It also restricts an employer's use of certain attendance policies under which a worker is assessed points for absences with progressive discipline imposed as points accumulate. Additionally, the bill expands protections for workers who exercise their rights under occupational safety and health laws and regulations. This includes specific protections and procedures for workers of meat and poultry processing establishments. The bill expands workplace safety and health requirements that apply to meat and poultry processing establishments, including by prohibiting waivers (subject to limited exceptions) related to line speeds and inspections. Additionally, OSHA must issue standards for these establishments that address, for example, ergonomic program management and preventing occupational exposure to COVID-19. OSHA must also (1) establish, within seven days, a process for establishments to report COVID-19 information; and (2) publish certain regulations regarding a workers' representative accompanying an OSHA inspector during inspections of an establishment. The bill provides funding through FY2032 for, and imposes additional conditions on recipients of, grants to improve meat and poultry processing facilities. Further, the bill increases funding for a program that supports regional and local food systems. It also requires country-of-origin labeling of beef, pork, and dairy products.

118 S270 IS: Protecting America’s Meatpacking Workers Act of 2023 U.S. Senate 2023-02-02 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 270 IN THE SENATE OF THE UNITED STATES February 2, 2023 Mr. Booker Mrs. Gillibrand Mr. Blumenthal Mr. Sanders Ms. Warren Mr. Schatz Committee on Agriculture, Nutrition, and Forestry A BILL To improve protections for meatpacking workers, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Protecting America’s Meatpacking Workers Act of 2023 (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Definitions. TITLE I—Reforms to protect meat and poultry processing workers Subtitle A—Department of Agriculture Sec. 101. Rule on increased line speeds at meat and poultry establishments. Subtitle B—Fair attendance policies Sec. 111. Definitions. Sec. 112. Requirements for employers relating to no fault attendance policies or attendance systems. Sec. 113. Enforcement authority. Sec. 114. Regulations. Sec. 115. Relationship to other laws. Sec. 116. Waiver of State immunity. Sec. 117. Severability. Subtitle C—Occupational Safety and Health Administration Reforms Sec. 121. Definitions. Sec. 122. Ensuring compliance with employee rights to use toilet facilities at covered establishments. Sec. 123. Occupational safety and health standards to protect employees in covered establishments. Sec. 124. Permanent regional emphasis inspection program; expanding inspections. Sec. 125. Representatives during physical inspections. Sec. 126. Enhanced protections from retaliation. Sec. 127. Regulations to restore a column on required records of work-related musculoskeletal disorders. Sec. 128. Funding for additional OSHA inspectors. Sec. 129. OSHA reporting. Sec. 130. Private right of action. Sec. 131. Injunction proceedings. Subtitle D—Savings provision Sec. 136. Savings provision. TITLE II—Farm system reforms Sec. 201. Expanded meat and poultry processing grants. Sec. 202. Local Agriculture Market Program. Sec. 203. Restoration of mandatory country of origin labeling for beef and pork; inclusion of dairy products. Sec. 204. Definitions in Packers and Stockyards Act, 1921. Sec. 205. Unlawful practices. Sec. 206. Spot market purchases of livestock by packers. Sec. 207. Investigation of live poultry dealers. Sec. 208. Award of attorney fees. Sec. 209. Technical amendments. TITLE III—GAO reports Sec. 301. Review and report on fragility and national security in the food system. Sec. 302. Review and report on racial and ethnic disparities in meat and poultry processing. Sec. 303. GAO report on line speeds. 2. Findings Congress finds that— (1) meat and poultry slaughter and processing is a particularly dangerous occupation, with meat and poultry processing workers suffering injuries at measurably higher rates than workers in other private sector industries; (2) meat and poultry processing workers face double the rate of amputations as the average worker in private industry, and injuries such as sprains, lacerations, and contusions are common among poultry workers; (3) meat and poultry processing workers suffer from musculoskeletal injuries, such as carpal tunnel syndrome, trigger finger (4) higher line speeds in meat and poultry processing facilities is a recognized risk factor that leads to increased risk of both laceration and musculoskeletal injuries; (5) meat and poultry processing work was and continues to be particularly dangerous during the Coronavirus Disease 2019 (COVID–19) pandemic due to, among other factors— (A) the easily transmissible nature of the virus via aerosol and droplet; (B) the close proximity of meat processing workers; (C) cold conditions inside meat processing facilities; and (D) the pace and physical rigor of meat and poultry processing work; (6) during the COVID–19 pandemic, covered establishments have implemented policies and procedures that have— (A) increased workers’ risk of exposure to SARS–CoV–2; (B) prioritized processing rates over worker health and welfare; and (C) caused a disparate adverse impact on Asian, Black, and Latino workers in the meat and poultry processing industry; (7) enforcement of requirements of the Occupational Safety and Health Administration in the meat and poultry processing industry has been fundamentally inadequate, especially during the COVID–19 pandemic; and (8) meat and poultry processing workers are subjected to exploitative conditions and abusive behavior by employers— (A) including— (i) use of abusive and humiliating shouting by supervisors accusing workers of not working fast enough and harassing them to work faster harder (ii) use of sexualized language to harass women workers to work harder faster (iii) patterns of direct sexual harassment and incidents of sexual assault; and (iv) little or no accountability or redress for emotional, sexualized, or psychological abuse due to— (I) weak enforcement of, and noncompliance with, discrimination protections; and (II) meat and poultry processing workers not reporting the abuse due to fear of receiving more abuse, having their employment terminated, or being reported to immigration enforcement; and (B) that lead to long-term psychological impacts, including— (i) increased feelings of anger and stress by workers pressured to work faster and more aggressively to slaughter animals on killing lines; and (ii) episodes of panic and fear by workers who were required to continue working during COVID–19 outbreaks. 3. Definitions In this Act: (1) Covered establishment The term covered establishment (A) an official establishment (as defined in section 301.2 of title 9, Code of Federal Regulations (or successor regulations)) that is subject to inspection under the Federal Meat Inspection Act ( 21 U.S.C. 601 et seq. (B) an official establishment (as defined in section 381.1 of title 9, Code of Federal Regulations (or successor regulations)) that is subject to inspection under the Poultry Products Inspection Act ( 21 U.S.C. 451 et seq. (2) Covered period The term covered period (3) COVID–19 emergency The term COVID–19 emergency 42 U.S.C. 247d (4) Employee; employer Unless otherwise specified, the terms employee employer 29 U.S.C. 652 I Reforms to protect meat and poultry processing workers A Department of Agriculture 101. Rule on increased line speeds at meat and poultry establishments (a) Definitions In this section: (1) Administrator The term Administrator (2) Assistant Secretary The term Assistant Secretary (3) Director The term Director (4) Secretary The term Secretary (5) Service The term Service (b) Rule on waivers (1) In general Notwithstanding any other provision of law (including regulations, including sections 303.1(h) and 381.3(b) of title 9, Code of Federal Regulations (or successor regulations)), the Secretary, acting through the Administrator, shall not issue a waiver relating to line speeds at a covered establishment or inspection staffing requirements for a covered establishment unless the covered establishment— (A) agrees to an inspection conducted by the Assistant Secretary or the Director for the purposes of the waiver; and (B) the Assistant Secretary or the Director certifies to the Secretary that any increases in line speed at the covered establishment would not have an adverse impact on worker safety. (2) Inspections An inspection conducted by the Assistant Secretary or the Director under paragraph (1)(A) shall include— (A) an ergonomic analysis of all jobs in the applicable covered establishment that may experience an increased work pace due to increasing the number of animals being slaughtered— (i) per minute; and (ii) per hour; (B) an assessment of the current rates of musculoskeletal disorders in the covered establishment; (C) a review of current efforts at the covered establishment to mitigate those disorders, including a review of how medical personnel at the covered establishment manage those disorders; and (D) a review of the impact of any proposed line speed increases on the pace of work for workers on the slaughter and production lines of the covered establishment (including the workers that package the meat). (3) Limitation on authority over line speeds None of the funds made available to the Secretary during the covered period may be used to develop, propose, finalize, issue, amend, or implement any policy, regulation, directive, constituent update, or any other agency program that would increase line speeds at covered establishments. (4) Effect on State law (A) In general This subsection shall not preempt or limit any law or regulation of a State or a political subdivision of a State that— (i) imposes requirements that are more protective of worker safety or animal welfare than the requirements of this subsection; or (ii) creates penalties for conduct regulated by this subsection. (B) Other laws The requirements of this subsection are in addition to, and not in lieu of, any other laws protecting worker safety and animal welfare. (c) Transparency in rulemaking With respect to each rulemaking proceeding initiated by the Administrator on or after the date of enactment of this Act, the Administrator shall comply with— (1) the data quality guidelines of the Service, which state that the Service and the offices of the Service are held to a standard of transparency to ensure that the information shared by the Service is presented in an accurate, reliable, and unbiased manner; and (2) Executive Order 13563 ( 5 U.S.C. 601 (d) Evaluation of rulemaking and policies In evaluating the impact of any future rulemaking or policy, the Secretary shall request that the Director conduct an evaluation of the rulemaking or policy that includes a review of— (1) current safety conditions and injuries and illnesses at the applicable covered establishments, including medical exams and medical histories; (2) whether the policy proposals will increase the pace of work for any employee at the applicable covered establishments; and (3) whether, and the extent to which, the policy proposals will impact worker safety. (e) Reports (1) Report to Congress Not later than 180 days after the date of enactment of this Act, the Secretary, the Secretary of Labor, and the Secretary of Health and Human Services shall each submit to the Committee on Agriculture, Nutrition, and Forestry and the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Agriculture and the Committee on Education and Labor of the House of Representatives, a report that— (A) describes the actions taken by that Secretary to ensure worker, animal, and food safety during the COVID–19 emergency; and (B) includes an analysis of the issues described in paragraphs (1) through (12) of section 303(b). (2) Reports on implementation of rules (A) In general Not later than 1 year after the implementation of any rule relating to line speeds at covered establishments, the Secretary shall submit to Congress a report on the impact of the rule on— (i) line speeds at covered establishments; (ii) worker safety and health at covered establishments; (iii) ergonomic aspects of jobs at covered establishments; and (iv) staffing levels that will ensure worker safety at covered establishments. (B) Requirement A report under subparagraph (A) shall include— (i) the results of a study carried out by an industrial engineer on every type of job at covered establishments impacted by the applicable rule; (ii) a determination of the industrial engineer of the number of workers needed— (I) to do each job safely; and (II) to operate the covered establishment at different line speeds; and (iii) a job crewing report prepared by the industrial engineer. B Fair attendance policies 111. Definitions In this subtitle: (1) Employee The term employee (A) (i) an employee, as defined in section 3(e) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203(e) (ii) an employee of the Government Accountability Office; (B) a State employee described in section 304(a) of the Government Employee Rights Act of 1991 (42 U.S.C. 2000e–16c(a)); (C) a covered employee, as defined in section 101 of the Congressional Accountability Act of 1995 ( 2 U.S.C. 1301 (D) a covered employee, as defined in section 411(c) of title 3, United States Code; or (E) a Federal officer or employee covered under subchapter V of chapter 63 (2) Employer (A) In general The term employer (i) (I) a covered employer, as defined in subparagraph (B), who is not covered under any other subclause of this clause; (II) an entity employing a State employee described in section 304(a) of the Government Employee Rights Act of 1991; (III) an employing office, as defined in section 101 of the Congressional Accountability Act of 1995; (IV) an employing office, as defined in section 411(c) of title 3, United States Code; or (V) an employing agency covered under subchapter V of chapter 63 (ii) engaged in commerce (including government), or an industry or activity affecting commerce (including government), as defined in subparagraph (B)(iii). (B) Covered employer (i) In general In subparagraph (A)(i)(I), the term covered employer (I) means any person engaged in commerce or in any industry or activity affecting commerce who employs 15 or more employees for each working day during each of 20 or more calendar workweeks in the current or preceding year; (II) includes— (aa) any person who acts, directly or indirectly, in the interest of an employer to any of the employees of such employer; and (bb) any successor in interest of an employer; (III) includes any public agency, as defined in section 3(x) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203(x) (IV) includes the Government Accountability Office and the Library of Congress. (ii) Public agency For purposes of clause (i)(III), a public agency shall be considered to be a person engaged in commerce or in an industry or activity affecting commerce. (iii) Definitions For purposes of this subparagraph: (I) Commerce The terms commerce industry or activity affecting commerce 29 U.S.C. 142 (II) Employee The term employee 29 U.S.C. 203(e) (C) Predecessors Any reference in this paragraph to an employer shall include a reference to any predecessor of such employer. (3) Legally protected leave The term legally protected leave (4) No fault attendance policy The term no fault attendance policy demerits occurrences (5) Person The term person 42 U.S.C. 2000e(a) (6) Secretary The term Secretary 112. Requirements for employers relating to no fault attendance policies or attendance systems (a) Requirements for no fault attendance policy It shall be considered an unlawful employment practice for an employer to maintain a no fault attendance policy, unless the employer complies with the following: (1) The no fault attendance policy shall be distributed in writing— (A) not later than 90 days after the date of enactment of this Act, to all employees employed by the employer as of that date of distribution; and (B) with respect to each employee hired by the employer after such date of enactment, upon the commencement of the employee's employment. (2) If any changes are made to the no fault attendance policy, the no fault attendance policy shall be distributed in writing to all employees by not later than 30 days after the date of the changes. (3) The employer shall provide employees with a means of accessing the no fault attendance policy at any physical workplace and outside of a physical workplace. (4) The no fault attendance policy shall explicitly state that employees will not face disciplinary action or other adverse consequences, which may include the assessment of points or a deduction from an allotted bank of time, for legally protected leave. (5) The no fault attendance policy shall specifically reference and provide a reasonable amount of detail about all Federal, State, and local laws applicable to the employees that provide legally protected leave, including the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. 29 U.S.C. 2601 et seq. chapter 43 (6) The no fault attendance policy shall identify a process for employees to complete each of the following: (A) Report that an absence is for legally protected leave. (B) Provide medical documentation, if it is required under the no fault attendance policy in order to avoid disciplinary action or other adverse consequences for legally protected leave. (C) Seek removal of points that an employee believes were wrongly assessed, or the restoration of time that an employee believes was wrongly deducted for legally protected leave. (D) Delay the reporting of an absence in unforeseen or emergency circumstances without incurring additional points or discipline. (b) Requirements for attendance systems It shall be an unlawful employment practice for an employer to maintain any attendance system policy, or pattern and practice, that discourages employees from exercising, or attempting to exercise, any right to legally protected leave. (c) Additional prohibitions (1) Interference with rights (A) Exercise of rights It shall be an unlawful employment practice for any employer to interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right provided under this subtitle, including— (i) discharging or discriminating against (including retaliating against) any individual for exercising, or attempting to exercise, any right provided under this subtitle; or (ii) using the taking of legally protected leave as a negative factor in an employment action, such as hiring, promotion, reducing hours or number of shifts, or a disciplinary action. (B) Discrimination It shall be an unlawful employment practice for any employer to discharge or in any other manner discriminate against (including retaliating against) any individual for opposing any practice made unlawful by this subtitle. (2) Interference with proceedings or inquiries It shall be an unlawful employment practice for any person to discharge or in any other manner discriminate against (including retaliating against) any individual because such individual— (A) has filed an action, or has instituted or caused to be instituted any proceeding, under or related to this subtitle; (B) has given, or is about to give, any information in connection with any inquiry or proceeding relating to any right provided under this subtitle; or (C) has testified, or is about to testify, in any inquiry or proceeding relating to any right provided under this subtitle. 113. Enforcement authority (a) In general (1) Definition In this subsection— (A) the term employee (B) the term employer (C) the term other individual affected (2) Investigative authority (A) In general To ensure compliance with the provisions of this subtitle, or any regulation or order issued under this subtitle, the Secretary shall have the investigative authority provided under section 11(a) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 211(a) (B) Subpoena authority For the purposes of any investigation provided for in this paragraph, the Secretary shall have the subpoena authority provided for under section 9 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 209 (3) Civil action by employees or other individuals affected (A) Right of action An action to recover the damages or equitable relief prescribed in subparagraph (B) may be maintained against any employer in any Federal or State court of competent jurisdiction by one or more employees or other individuals affected or their representative for and on behalf of— (i) the employees or individuals; or (ii) the employees or individuals and others similarly situated. (B) Liability Any employer who violates section 112 shall be liable to any employee or other individual affected— (i) for damages equal to— (I) the amount of— (aa) any wages, salary, employment benefits, or other compensation denied or lost by reason of the violation; or (bb) in a case in which wages, salary, employment benefits, or other compensation have not been denied or lost, any actual monetary losses sustained as a direct result of the violation up to a sum equal to 56 hours of wages or salary for the employee or individual; (II) the interest on the amount described in subclause (I) calculated at the prevailing rate; and (III) an additional amount as liquidated damages; and (ii) for such equitable relief as may be appropriate, including employment, reinstatement, and promotion. (C) Fees and costs The court in an action under this paragraph shall, in addition to any judgment awarded to the plaintiff, allow a reasonable attorney’s fee, reasonable expert witness fees, and other costs of the action to be paid by the defendant. (4) Action by the Secretary (A) Administrative action The Secretary shall receive, investigate, and attempt to resolve complaints of violations of section 112 with respect to employers, employees, and other individuals affected in the same manner that the Secretary receives, investigates, and attempts to resolve complaints of violations of sections 6 and 7 of the Fair Labor Standards Act of 1938 (29 U.S.C. 206 and 207). (B) Civil action The Secretary may bring an action in any court of competent jurisdiction to recover the damages described in paragraph (3)(B)(i). (C) Sums recovered Any sums recovered by the Secretary pursuant to subparagraph (B) shall be held in a special deposit account and shall be paid, on order of the Secretary, directly to each employee or other individual affected. Any such sums not paid to an employee or other individual affected because of inability to do so within a period of 3 years shall be deposited into the Treasury of the United States as miscellaneous receipts. (5) Limitation (A) In general Except as provided in subparagraph (B), an action may be brought under paragraph (3), (4), or (6) not later than 2 years after the date of the last event constituting the alleged violation for which the action is brought. (B) Willful violation In the case of an action brought for a willful violation of section 112, such action may be brought not later than 3 years after of the last event constituting the alleged violation for which such action is brought. (C) Commencement In determining when an action is commenced under paragraph (3), (4), or (6) for the purposes of this paragraph, it shall be considered to be commenced on the date when the complaint is filed. (6) Action for injunction by Secretary The district courts of the United States shall have jurisdiction, for cause shown, in an action brought by the Secretary— (A) to restrain violations of section 112, including the restraint of any withholding of payment of wages, salary, employment benefits, or other compensation, plus interest, found by the court to be due to employees or individuals eligible under this subtitle; or (B) to award such other equitable relief as may be appropriate, including employment, reinstatement, and promotion. (7) Solicitor of Labor The Solicitor of Labor may appear for and represent the Secretary on any litigation brought under paragraph (4) or (6). (8) Government Accountability Office and Library of Congress Notwithstanding any other provision of this subsection, in the case of the Government Accountability Office and the Library of Congress, the authority of the Secretary of Labor under this subsection shall be exercised respectively by the Comptroller General of the United States and the Librarian of Congress. (b) Employees covered by Congressional Accountability Act of 1995 The powers, remedies, and procedures provided in the Congressional Accountability Act of 1995 ( 2 U.S.C. 1301 et seq. 2 U.S.C. 1301 2 U.S.C. 1312(a)(1) (c) Employees covered by chapter 5 3 The powers, remedies, and procedures provided in chapter 5 (d) Employees covered by chapter 63 5, The powers, remedies, and procedures provided in title 5, United States Code, to an employing agency, provided in chapter 12 of that title to the Merit Systems Protection Board, or provided in that title to any person, alleging a violation of chapter 63 of that title, shall be the powers, remedies, and procedures this subtitle provides to that agency, that Board, or any person, respectively, alleging an unlawful employment practice in violation of this subtitle against an employee described in section 111(1)(E) or other individual affected by an employer described in clauses (i)(V) and (ii) of section 111(2)(A). 114. Regulations (a) In general (1) Authority Except as provided in paragraph (2), not later than 180 days after the date of enactment of this Act, the Secretary, in coordination with the Equal Employment Opportunity Commission and the heads of other relevant Federal agencies, shall prescribe such regulations as are necessary to carry out this subtitle with respect to employees described in subparagraph (A) or (B) of section 111(1) and other individuals affected by employers described in clauses (i)(I) and (ii) of section 111(2)(A) or clauses (i)(II) and (ii) of such section. (2) Government Accountability Office; Library of Congress The Comptroller General of the United States and the Librarian of Congress shall prescribe the regulations with respect to employees of the Government Accountability Office and the Library of Congress, respectively, and other individuals affected by the Comptroller General of the United States and the Librarian of Congress, respectively. (b) Employees covered by Congressional Accountability Act of 1995 (1) Authority Not later than 90 days after the Secretary prescribes regulations under subsection (a), the Board of Directors of the Office of Compliance shall prescribe (in accordance with section 304 of the Congressional Accountability Act of 1995 ( 2 U.S.C. 1384 (2) Agency regulations The regulations prescribed under paragraph (1) shall be the same as substantive regulations promulgated by the Secretary to carry out this subtitle except insofar as the Board may determine, for good cause shown and stated together with the regulations prescribed under paragraph (1), that a modification of such regulations would be more effective for the implementation of the rights and protections involved under this section. (c) Employees covered by chapter 5 3 (1) Authority Not later than 90 days after the Secretary prescribes regulations under subsection (a), the President (or the designee of the President) shall prescribe such regulations as are necessary to carry out this subtitle with respect to employees described in section 111(1)(D) and other individuals affected by employers described in clauses (i)(IV) and (ii) of section 111(2)(A). (2) Agency regulations The regulations prescribed under paragraph (1) shall be the same as substantive regulations promulgated by the Secretary to carry out this subtitle except insofar as the President (or designee) may determine, for good cause shown and stated together with the regulations prescribed under paragraph (1), that a modification of such regulations would be more effective for the implementation of the rights and protections involved under this section. (d) Employees covered by chapter 63 5 (1) Authority Not later than 90 days after the Secretary prescribes regulations under subsection (a), the Director of the Office of Personnel Management shall prescribe such regulations as are necessary to carry out this subtitle with respect to employees described in section 111(1)(E) and other individuals affected by employers described in clauses (i)(V) and (ii) of section 111(2)(A). (2) Agency regulations The regulations prescribed under paragraph (1) shall be the same as substantive regulations promulgated by the Secretary to carry out this subtitle except insofar as the Director may determine, for good cause shown and stated together with the regulations prescribed under paragraph (1), that a modification of such regulations would be more effective for the implementation of the rights and protections involved under this section. (e) Requirements for all regulations All regulations prescribed under this section shall— (1) be issued in an accessible format in accordance with subchapter II of chapter 5 (2) provide an example of a model no fault attendance policy that conforms to the requirements of this subtitle. 115. Relationship to other laws Nothing in this subtitle shall be construed to invalidate or limit the powers, remedies, and procedures under any Federal law or law of any State or political subdivision of any State or jurisdiction that provide leave rights, whether paid or unpaid (such as sick time, family or medical leave, and time off as an accommodation). 116. Waiver of State immunity A State shall not be immune under the 11th Amendment to the Constitution of the United States from an action in a Federal or State court of competent jurisdiction for a violation of this subtitle. In any action against a State for a violation of this subtitle, remedies (including remedies both at law and in equity) are available for such a violation to the same extent as such remedies are available for such a violation in an action against any public or private entity other than a State. 117. Severability If any provision of this subtitle or the application of that provision to particular persons or circumstances is held invalid or found to be unconstitutional, the remainder of this subtitle and the application of that provision to other persons or circumstances shall not be affected. C Occupational Safety and Health Administration Reforms 121. Definitions In this title, the terms Secretary State 29 U.S.C. 652 122. Ensuring compliance with employee rights to use toilet facilities at covered establishments (a) In general During any inspection of a covered establishment conducted pursuant to section 8 of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 657 Interpretation of 29 CFR. 1910.141(c)(1): Toilet Facilities (b) Requirements In carrying out subsection (a), the Secretary shall verify that the employer described in such subsection— (1) allows employees to leave their work locations to use a toilet facility when needed and without punishment; (2) provides an adequate number of toilet facilities for the size of the workforce to prevent long lines; (3) avoids imposing unreasonable restrictions including waiting lists on the use of toilet facilities; (4) ensures that restrictions, such as locking doors or requiring employees to sign out a key, do not cause extended delays in access to toilet facilities; and (5) compensates each employee for breaks for using toilet facilities at the regular rate of pay of the employee in accordance with section 785.18 of title 29, Code of Federal Regulations, as in effect on the day before the date of enactment of this Act, and any other applicable Federal, State, or local law. 123. Occupational safety and health standards to protect employees in covered establishments (a) Standard for protecting employees from occupational risk factors causing musculoskeletal disorders (1) Proposed standard Not later than 1 year after the date of enactment of this Act, the Secretary shall, pursuant to section 6 of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 655 (A) hazard identification and ergonomic job evaluations, including requirements for employee and authorized employee representative participation in such identification; (B) hazard control, which such requirements rely on the principles of the hierarchy of controls and which may include measures such as rest breaks, equipment and workstation redesign, work pace reductions, or job rotation to less forceful or repetitive jobs; (C) training for employees regarding employer activities, occupational risk factors, and training on controls and recognition of symptoms of musculoskeletal disorders; and (D) medical management that includes— (i) encouraging early reporting of musculoskeletal disorder symptoms; (ii) first aid delivered by those operating under State licensing requirements; and (iii) systematic evaluation and early referral for medical attention. (2) Final standard Not later than 30 months after the date of enactment this Act, the Secretary shall, pursuant to section 6 of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 655 (b) Standard for protecting employees from delays in medical treatment referrals following injuries or illnesses (1) Proposed standard Not later than 3 months after the date of enactment of this Act, the Secretary shall, pursuant to section 6 of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 655 (A) without delay, refers any such employee who reports an injury or illness that requires further medical treatment to an appropriate medical professional of the employee’s choice for such treatment; (B) provides for occupational medicine consultation services through a physician who is board certified in occupational medicine, which services shall include— (i) regular review of any health and safety program, medical management program, or ergonomics program of the employer; (ii) review of any work-related injury or illness of an employee; (iii) providing onsite health services for treatment of such injury or illness; and (iv) consultation referral to a local health care provider for treating such injury or illness; and (C) complies with the licensing requirements for licensed practical nurses or registered nurses in the State in which the establishment is located. (2) Final standard Not later than 1 year after the date of enactment of this Act, the Secretary shall, pursuant to section 6 of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 655 (c) Standard for protecting employees from airborne contagions (1) Emergency temporary standard for COVID–19 In consideration of the grave danger presented by COVID–19 and the need to strengthen protections for workers at covered establishments, notwithstanding the provisions of law and the Executive orders listed in paragraph (4), not later than 7 days after the date of enactment of this Act, the Secretary of Labor shall promulgate an emergency temporary standard to protect all employees, contractors, and temporary workers at covered establishments from occupational exposure to SARS–CoV–2. (2) Extension of standard Notwithstanding paragraphs (2) and (3) of section 6(c) of the Occupational Safety and Health Act of 1970 (29 8 U.S.C. 655(c) (3) State plan adoption With respect to a State with a State plan that has been approved by the Secretary of Labor under section 18 of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 667 (4) Inapplicable provisions of law and executive order The provisions of law and the Executive orders listed in this paragraph are as follows: (A) The requirements of chapter 6 Regulatory Flexibility Act (B) Subchapter I of chapter 35 Paperwork Reduction Act (C) The Unfunded Mandates Reform Act of 1995 ( 2 U.S.C. 1501 et seq. (D) Executive Order 12866 (58 Fed. Reg. 190; relating to regulatory planning and review), as amended. (E) Executive Order 13771 (82 Fed. Reg. 9339, relating to reducing regulation and controlling regulatory costs). (5) Final standard Not later than 24 months after the date of enactment of this Act, the Secretary of Labor shall, pursuant to section 6 of the Occupational Safety and Health Act ( 29 U.S.C. 655 (A) to protect employees, contractors, and temporary workers at covered establishments from occupational exposure to infectious pathogens, including airborne and novel pathogens; and (B) that shall be effective and enforceable in the same manner and to the same extent as a standard promulgated under section 6(b) of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 655(b) (6) Consultation In developing the standards under this subsection, the Secretary shall consult with— (A) the Director of the Centers for Disease Control and Prevention; (B) the Director of the National Institute for Occupational Safety and Health; and (C) the professional associations and representatives of the employees, contractors, and temporary workers at covered establishments. (7) Requirements Each standard promulgated under this subsection shall include— (A) a requirement that the covered establishments— (i) develop and implement a comprehensive infectious disease exposure control plan, with the input and involvement of employees or, where applicable, the representatives of employees, as appropriate, to address the risk of occupational exposure; (ii) record and report each work-related COVID–19 infection and death, as set forth in part 1904 of title 29, Code of Federal Regulations (as in effect on the date of enactment of this Act), and section 129 of this Act; and (iii) reduce meat and poultry processing rates to achieve social distancing and implement applicable requirements sufficient to protect worker health with an adequate margin of safety; (B) no less protection for novel pathogens than precautions mandated by standards adopted by a State plan that has been approved by the Secretary under section 18 of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 667 (C) the incorporation, as appropriate, of— (i) guidelines issued by the Centers for Disease Control and Prevention, the National Institute for Occupational Safety and Health, and the Occupational Safety and Health Administration, which are designed to prevent the transmission of infectious agents in health care or other occupational settings; and (ii) relevant scientific research on airborne and novel pathogens. (8) Enforcement This subsection shall be enforced in the same manner and to the same extent as any standard promulgated under section 6(b) of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 655(b) 124. Permanent regional emphasis inspection program; expanding inspections (a) Regional emphasis inspection program (1) In general Not later than 30 days after the date of enactment of this Act, the Secretary shall, pursuant to section 8 of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 657 (A) amputation hazards; (B) ergonomics; (C) hazards related to line speeds; (D) bathroom breaks; (E) use of chemicals such as peracetic acid (antimicrobials); and (F) working conditions in high and low temperatures. (2) State plans Not later than 30 days after the date of enactment of this Act, a State with a State plan that has been approved by the Secretary under section 18 of such Act ( 29 U.S.C. 667 (b) Expanding inspections when information presents possible additional dangers (1) In general In the case the Secretary conducts a physical inspection of a covered establishment pursuant to section 8 of such Act in response to a referral, complaint, or fatality, and the Secretary, during such inspection makes a determination under paragraph (2), the Secretary shall expand such inspection to all areas of the establishment. (2) Determination A determination described in this paragraph is either of the following: (A) A determination, following a review of records of work-related injuries and illnesses maintained in accordance with such section 8, that a work-related injury or illness may be related to a workplace danger that may threaten physical harm. (B) A determination, upon interviews with employees, that a workplace danger may threaten physical harm. 125. Representatives during physical inspections (a) Proposed rule Not later than 1 year after the date of enactment of this Act, the Secretary shall, under section 8(e) of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 657(e) (1) the representative authorized by employees to be given the opportunity to accompany the Secretary during the inspection as described in such section shall not be required to be an employee of the employer; (2) where there is no representative authorized by employees as described in paragraph (1), the employees may designate a person affiliated with a worker-based community organization to serve as such representative; and (3) the inspector may arrange for interviews with employees off-site upon the request of the representative or designated person. (b) Final rule Not later than 2 years after the date of enactment of this Act, the Secretary shall publish in the Federal Register a final rule for the proposed rule under subsection (a). 126. Enhanced protections from retaliation (a) Employee actions Section 11(c)(1) of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 660(c)(1) (1) by striking discharge because such (A) such ; (2) by striking this Act or has (B) such employee has ; (3) by striking in any such proceeding or because of the exercise (C) such employee has refused to violate any provision of this Act; or (D) of the exercise ; and (4) by inserting before the period at the end the following: , including the reporting of any injury, illness, or unsafe condition to the employer, agent of the employer, safety and health committee involved, or employee safety and health representative involved (b) Prohibition of retaliation; procedure Section 11 of such Act ( 29 U.S.C. 660 (1) in subsection (c)— (A) in paragraph (2)— (i) by striking discharged or otherwise discriminated against by any person in violation of this subsection aggrieved by a violation of this subsection (ii) by striking such discrimination such violation (B) by adding at the end the following: (4) Exception for meat and poultry establishments Paragraphs (2) and (3) shall not apply with respect to a complaint filed by an employee of an employer that is a covered establishment, as defined in section 3 of the Protecting America's Meatpacking Workers Act ; and (2) by adding at the end the following: (d) Meat and poultry establishments (1) Definitions In this subsection: (A) Complainant The term complainant (B) Covered employee The term covered employee (C) Covered employer The term covered employer Protecting America's Meatpacking Workers Act (D) Respondent The term respondent (2) Reasonable apprehension (A) In general No person shall discharge, or cause to be discharged, or in any other manner retaliate or discriminate against, or cause to be retaliated or discriminated against, a covered employee for refusing to perform the covered employee’s duties if the covered employee has a reasonable apprehension that performing such duties would result in serious injury to, or serious impairment of the health of, the covered employee or other covered employees. (B) Circumstances For purposes of subparagraph (A), the circumstances causing the covered employee’s reasonable apprehension described in such subparagraph shall be of such a nature that a reasonable person, under the circumstances confronting the covered employee, would conclude that performing the duties described in such subparagraph would have the result described in such subparagraph. (C) Communication In order to qualify for protection under this paragraph, the covered employee, when practicable, shall have communicated or attempted to communicate the safety or health concern to the covered employer and have not received from the covered employer a response reasonably calculated to allay such concern. (3) Complaint Any covered employee who believes that the covered employee has been discharged, disciplined, or otherwise retaliated or discriminated against by any person in violation of subsection (c)(1) or paragraph (2) of this subsection may seek relief for such violation by filing a complaint with the Secretary under paragraph (5). (4) Statute of limitations (A) In general A covered employee may take the action permitted by paragraph (3) not later than 180 days after the later of— (i) the date on which an alleged violation of subsection (c)(1) or paragraph (2) of this subsection occurs; or (ii) the date on which the covered employee knows or should reasonably have known that such alleged violation occurred. (B) Repeat violation Except in cases when the covered employee has been discharged, a violation of subsection (c)(1) or paragraph (2) of this subsection shall be considered to have occurred on the last date an alleged repeat violation occurred. (5) Investigation (A) In general A covered employee may, within the time period required under paragraph (4)(A), file a complaint with the Secretary alleging a violation of subsection (c)(1) or paragraph (2) of this subsection. If the complaint alleges a prima facie case, the Secretary shall conduct an investigation of the allegations in the complaint, which— (i) shall include— (I) interviewing the complainant; (II) providing the respondent an opportunity to— (aa) submit to the Secretary a written response to the complaint; and (bb) meet with the Secretary to present statements from witnesses or provide evidence; and (III) providing the complainant an opportunity to— (aa) receive any statements or evidence provided to the Secretary; (bb) meet with the Secretary; and (cc) rebut any statements or evidence; and (ii) may include issuing subpoenas for the purposes of such investigation. (B) Decision Not later than 90 days after the filing of the complaint under this paragraph, the Secretary shall— (i) determine whether reasonable cause exists to believe that a violation of subsection (c)(1) or paragraph (2) of this subsection has occurred; and (ii) issue a decision granting or denying relief. (6) Preliminary order following investigation If, after completion of an investigation under paragraph (5)(A), the Secretary finds reasonable cause to believe that a violation of subsection (c)(1) or paragraph (2) of this subsection has occurred, the Secretary shall issue a preliminary order providing relief authorized under paragraph (14) at the same time the Secretary issues a decision under paragraph (5)(B). If a de novo hearing is not requested within the time period required under paragraph (7)(A)(i), such preliminary order shall be deemed a final order of the Secretary and is not subject to judicial review. (7) Hearing (A) Request for hearing (i) In general A de novo hearing on the record before an administrative law judge may be requested— (I) by the complainant or respondent within 30 days after receiving notification of a decision granting or denying relief issued under paragraph (5)(B) or a preliminary order under paragraph (6), respectively; (II) by the complainant within 30 days after the date the complaint is dismissed without investigation by the Secretary under paragraph (5)(A); or (III) by the complainant within 120 days after the date of filing the complaint under paragraph (5), if the Secretary has not issued a decision under paragraph (5)(B). (ii) Reinstatement order The request for a hearing shall not operate to stay any preliminary reinstatement order issued under paragraph (6). (B) Procedures (i) In general A hearing requested under this paragraph shall be conducted expeditiously and in accordance with rules established by the Secretary for hearings conducted by administrative law judges. (ii) Subpoenas; production of evidence In conducting any such hearing, the administrative law judge may issue subpoenas. The respondent or complainant may request the issuance of subpoenas that require the deposition of, or the attendance and testimony of, witnesses and the production of any evidence (including any books, papers, documents, or recordings) relating to the matter under consideration. (iii) Decision The administrative law judge shall issue a decision not later than 90 days after the date on which a hearing was requested under this paragraph and promptly notify, in writing, the parties and the Secretary of such decision, including the findings of fact and conclusions of law. If the administrative law judge finds that a violation of subsection (c)(1) or paragraph (2) of this subsection has occurred, the judge shall issue an order for relief under paragraph (14). If review under paragraph (8) is not timely requested, such order shall be deemed a final order of the Secretary that is not subject to judicial review. (8) Administrative appeal (A) In general Not later than 30 days after the date of notification of a decision and order issued by an administrative law judge under paragraph (7), the complainant or respondent may file, with objections, an administrative appeal with an administrative review body designated by the Secretary (referred to in this paragraph as the review board (B) Standard of review In reviewing the decision and order of the administrative law judge, the review board shall affirm the decision and order if it is determined that the factual findings set forth therein are supported by substantial evidence and the decision and order are made in accordance with applicable law. (C) Decisions If the review board grants an administrative appeal, the review board shall issue a final decision and order affirming or reversing, in whole or in part, the decision under review by not later than 90 days after receipt of the administrative appeal. If it is determined that a violation of subsection (c)(1) or paragraph (2) of this subsection has occurred, the review board shall issue a final decision and order providing relief authorized under paragraph (14). Such decision and order shall constitute final agency action with respect to the matter appealed. (9) Settlement in the administrative process (A) In general At any time before issuance of a final order, an investigation or proceeding under this subsection may be terminated on the basis of a settlement agreement entered into by the parties. (B) Public policy considerations Neither the Secretary, an administrative law judge, nor the review board conducting a hearing under this subsection shall accept a settlement that contains conditions conflicting with the rights protected under this Act or that are contrary to public policy, including a restriction on a complainant’s right to future employment with employers other than the specific covered employers named in a complaint. (10) Inaction by the review board or administrative law judge (A) In general The complainant may bring a de novo action described in subparagraph (B) if— (i) an administrative law judge has not issued a decision and order within the 90-day time period required under paragraph (7)(B)(iii); or (ii) the review board has not issued a decision and order within the 90-day time period required under paragraph (8)(C). (B) De novo action Such de novo action may be brought at law or equity in the United States district court for the district where a violation of subsection (c)(1) or paragraph (2) of this subsection allegedly occurred or where the complainant resided on the date of such alleged violation. The court shall have jurisdiction over such action without regard to the amount in controversy and to order appropriate relief under paragraph (14). Such action shall, at the request of either party to such action, be tried by the court with a jury. (11) Judicial review (A) Timely appeal to the court of appeals Any party adversely affected or aggrieved by a final decision and order issued under this subsection may obtain review of such decision and order in the United States Court of Appeals for the circuit where the violation, with respect to which such final decision and order was issued, allegedly occurred or where the complainant resided on the date of such alleged violation. To obtain such review, a party shall file a petition for review not later than 60 days after the final decision and order was issued. Such review shall conform to chapter 7 (B) Limitation on collateral attack An order and decision with respect to which review may be obtained under subparagraph (A) shall not be subject to judicial review in any criminal or other civil proceeding. (12) Enforcement of order If a respondent fails to comply with an order issued under this subsection, the Secretary or the complainant on whose behalf the order was issued may file a civil action for enforcement in the United States district court for the district in which the violation was found to occur to enforce such order. If both the Secretary and the complainant file such action, the action of the Secretary shall take precedence. The district court shall have jurisdiction to grant all appropriate relief described in paragraph (14). (13) Burdens of proof (A) Criteria for determination In making a determination or adjudicating a complaint pursuant to this subsection, the Secretary, administrative law judge, review board, or a court may determine that a violation of subsection (c)(1) or paragraph (2) of this subsection has occurred only if the complainant demonstrates that any conduct described in subsection (c)(1) or paragraph (2) of this subsection with respect to the complainant was a contributing factor in the adverse action alleged in the complaint. (B) Prohibition Notwithstanding subparagraph (A), a decision or order that is favorable to the complainant shall not be issued in any administrative or judicial action pursuant to this subsection if the respondent demonstrates by clear and convincing evidence that the respondent would have taken the same adverse action in the absence of such conduct. (14) Relief (A) Order for relief If the Secretary, administrative law judge, review board, or a court determines that a covered employer has violated subsection (c)(1) or paragraph (2) of this subsection, the Secretary, administrative law judge, review board, or court, respectively, shall have jurisdiction to order all appropriate relief, including injunctive relief, and compensatory and exemplary damages, including— (i) affirmative action to abate the violation; (ii) reinstatement without loss of position or seniority, and restoration of the terms, rights, conditions, and privileges associated with the complainant’s employment, including opportunities for promotions to positions with equivalent or better compensation for which the complainant is qualified; (iii) compensatory and consequential damages sufficient to make the complainant whole (including back pay, prejudgment interest, and other damages); and (iv) expungement of all warnings, reprimands, or derogatory references that have been placed in paper or electronic records or databases of any type relating to the actions by the complainant that gave rise to the unfavorable personnel action, and, at the complainant’s direction, transmission of a copy of the decision on the complaint to any person whom the complainant reasonably believes may have received such unfavorable information. (B) Attorneys’ fees and costs If the Secretary or an administrative law judge, review board, or court grants an order for relief under subparagraph (A), the Secretary, administrative law judge, review board, or court, respectively, shall assess, at the request of the covered employee against the covered employer— (i) reasonable attorneys’ fees; and (ii) costs (including expert witness fees) reasonably incurred, as determined by the Secretary, administrative law judge, review board, or court, respectively, in connection with bringing the complaint upon which the order was issued. (15) Procedural rights The rights and remedies provided for in this subsection may not be waived by any agreement, policy, form, or condition of employment, including by any pre-dispute arbitration agreement or collective bargaining agreement. (16) Savings Nothing in this subsection shall be construed to diminish the rights, privileges, or remedies of any covered employee who exercises rights under any Federal or State law or common law, or under any collective bargaining agreement. (17) Election of venue (A) In general A covered employee of a covered employer who is located in a State that has a State plan approved under section 18 may file a complaint alleging a violation of subsection (c)(1) or paragraph (2) of this subsection by such employer with— (i) the Secretary under paragraph (5); or (ii) a State plan administrator in such State. (B) Referrals If— (i) the Secretary receives a complaint pursuant to subparagraph (A)(i), the Secretary shall not refer such complaint to a State plan administrator for resolution; or (ii) a State plan administrator receives a complaint pursuant to subparagraph (A)(ii), the State plan administrator shall not refer such complaint to the Secretary for resolution. (18) Presumption of retaliation The Secretary shall apply an unrebuttable presumption of retaliation in any complaint initiated under paragraph (5) in which the Secretary finds a covered employee suffers an adverse action within 90 days of the date on which the covered employee took any action protected under subsection (c)(1) or raised any reasonable apprehension under paragraph (2) of this subsection. (19) Supplement and not supplant The remedies provided for under this subsection supplement, and do not supplant, the private right of action under section 130 of the Protecting America's Meatpacking Workers Act (20) Definitions For purposes of this subsection and subsection (c)— (A) the term retaliate or discriminate against (B) the term family member (i) is related to the covered employee by blood, adoption, marriage, or domestic partnership; and (ii) is a significant other, parent, sibling, child, uncle, aunt, niece, nephew, cousin, grandparent, or grandchild of the covered employee. . (c) Relation to enforcement Section 17(j) of such Act ( 29 U.S.C. 666(j) , including the history of violations under subsection (c) or (d) of section 11 127. Regulations to restore a column on required records of work-related musculoskeletal disorders Not later than 1 year after the date of enactment of this Act, the Secretary shall issue a final rule regarding matters pertaining to the proposed rule issued by the Secretary on January 29, 2010, entitled Occupational Injury and Illness Recording and Reporting Requirements 128. Funding for additional OSHA inspectors Out of any amounts in the Treasury not otherwise appropriated, there is appropriated $60,000,000 to the Secretary for each of fiscal years 2024 through 2029, to remain available until expended for— (1) the hiring of additional inspectors to carry out inspections under section 8 of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 657 (2) carrying out sections 6, 8, and 11 of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 655 129. OSHA reporting (a) Definition of pandemic In this section, the term pandemic 42 U.S.C. 247d (b) Reporting during a pandemic (1) Standardized reporting (A) In general The Secretary shall establish a standardized process for covered establishments to report, on a weekly basis during a pandemic, to the Secretary information regarding infections and deaths related to the pandemic. Such information shall include— (i) the number of employees on a weekly and cumulative basis that have contracted the disease resulting in the pandemic; (ii) racial demographics of such employees; and (iii) the employment status of such employees. (B) Form and procedures (i) COVID– 19 Not later than 7 days after the date of enactment of this Act, the Secretary shall issue reporting procedures described in subparagraph (A), including forms for such procedures, for reporting the information described in such subparagraph during the pandemic with respect to COVID–19. (ii) Future pandemics Not later than 1 year after the date of enactment of this Act, or 7 days following a declaration of a pandemic other than COVID–19, whichever is sooner, the Secretary shall issue reporting procedures described in subparagraph (A), including forms for such procedures, for pandemics other than COVID–19. (2) Public availability The Secretary shall make the information reported under paragraph (1) available to the public in a manner that facilitates public participation, including by making such information available on its website in a manner that maximizes public participation. (3) Privacy A covered establishment, in reporting information to the Secretary under paragraph (1), may not claim confidential business information or patient privacy, except that such an establishment may withhold the names of workers, as a basis to withhold information. (c) Disclosures to employees A covered establishment shall disclose to each employee or individual providing work for the employer, including any individual providing such work through a contract or subcontract, all chemicals used at the worksite where the employee or individual provides such work. Such disclosure shall be provided to the employee or individual in the native language of the employee or individual. 130. Private right of action (a) In general Any person aggrieved by the failure of a covered establishment to comply with the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 651 et seq. (b) Right of recovery In an action brought by any aggrieved person pursuant to this section, the person may recover equitable and legal relief (including compensatory and punitive damages), attorney’s fees (including expert fees), and costs of the action. (c) Action by the Secretary Any administrative enforcement by the Secretary shall not preclude the relief afforded by this section or otherwise deprive a court of jurisdiction. 131. Injunction proceedings Section 13 of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 662 (1) in subsection (a), by adding at the end the following: Any employee (or the representative of such employee) at a place of employment subject to enforcement under this subsection may unconditionally intervene as a matter of right. (2) in subsection (d), by adding at the end the following: The right to judicial review provided in this subsection shall extend to, and the district court shall have jurisdiction to adjudicate, any action, inaction, or failure to act by the Secretary with respect to an imminent danger regardless of whether the Secretary, an inspector, or any other individual determines the existence or absence of an imminent danger. D Savings provision 136. Savings provision Nothing in title shall be construed to diminish the rights, privileges, or remedies of any employee who exercises rights under any Federal or State law or common law, or under any collective bargaining agreement. II Farm system reforms 201. Expanded meat and poultry processing grants Section 764 of division N of the Consolidated Appropriations Act, 2021 ( 21 U.S.C. 473 (1) in subsection (b)— (A) in paragraph (2), by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and indenting appropriately; (B) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and indenting appropriately; (C) in the matter preceding subparagraph (A) (as so redesignated), by striking To be eligible (1) In general To be eligible ; (D) in paragraph (1) (as so designated)— (i) in the matter preceding subparagraph (A) (as so redesignated), by striking shall be— shall— (ii) in subparagraph (A) (as so redesignated)— (I) by inserting be in operation (II) by striking and (iii) in subparagraph (B) (as so redesignated)— (I) in the matter preceding clause (i) (as so redesignated), by striking seeking seek (II) in clause (ii) (as so redesignated), by striking the period at the end and inserting ; and (iv) by adding at the end the following: (C) have a labor peace agreement in place. ; and (E) by adding at the end the following: (2) Definition of labor peace agreement In this subsection, the term labor peace agreement (A) between an employer and a labor organization that represents, or is actively seeking to represent, the employees of the employer; and (B) under which such employer and labor organization agree that— (i) the employer will not— (I) hinder any effort of an employee to join a labor organization; or (II) take any action that directly or indirectly indicates or implies any opposition to an employee joining a labor organization; (ii) the labor organization agrees to refrain from picketing, work stoppages, or boycotts against the employer; (iii) the employer provides the labor organization with employee contact information, and facilitates or permits labor organization access to employees at the workplace, including facilitating or permitting the labor organization to meet with employees to discuss joining the labor organization; and (iv) the employer shall, upon the request of the labor organization, recognize the labor organization as the bargaining representative of the employees if a majority of the employees choose the labor organization as their bargaining representative. ; (2) in subsection (d)(2)— (A) in subparagraph (A), by redesignating clauses (i) and (ii) as subclauses (I) and (II), respectively, and indenting appropriately; (B) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and indenting appropriately; (C) in the matter preceding clause (i) (as so redesignated), by striking recipient shall agree recipient— (A) shall agree ; (D) in subparagraph (A) (as so designated), in clause (ii) (as so redesignated), by striking the period at the end and inserting ; and (E) by adding at the end the following: (B) shall not, for a period of 10 years following the date of receipt of the grant, sell a slaughter or processing facility to, or merge the slaughter or processing facility with, a packer that owns more than 10 percent of the market share of meat and poultry markets. ; and (3) in subsection (f)— (A) by striking Of the funds (1) In general Of the funds ; and (B) by adding at the end the following: (2) Additional funding In addition to amounts made available under paragraph (1), of the funds of the Treasury not otherwise appropriated, there is appropriated to carry out this section $100,000,000 for the period of fiscal years 2023 through 2032. . 202. Local Agriculture Market Program Section 210A(i)(1) of the Agricultural Marketing Act of 1946 ( 7 U.S.C. 1627c(i)(1) fiscal year 2019 and each fiscal year thereafter each of fiscal years 2019 through 2023, and $500,000,000 for fiscal year 2024 203. Restoration of mandatory country of origin labeling for beef and pork; inclusion of dairy products (a) Definitions Section 281 of the Agricultural Marketing Act of 1946 ( 7 U.S.C. 1638 (1) by redesignating paragraphs (1), (2) through (5), (6), and (7) as paragraphs (2), (4) through (7), (9), and (10), respectively; (2) by inserting before paragraph (2) (as so redesignated) the following: (1) Beef The term beef ; (3) in paragraph (2) (as so redesignated)— (A) in subparagraph (A)— (i) in clause (i), by striking lamb beef, lamb, pork, (ii) in clause (ii), by striking ground lamb ground beef, ground lamb, ground pork, (iii) in clause (x), by striking and (iv) in clause (xi), by striking the period at the end and inserting ; and (v) by adding at the end the following: (xii) dairy products. ; and (B) in subparagraph (B), by inserting (other than clause (xii) of that subparagraph) subparagraph (A) (4) by inserting after paragraph (2) (as so redesignated) the following: (3) Dairy product The term dairy product (A) fluid milk; (B) cheese, including cottage cheese and cream cheese; (C) yogurt; (D) ice cream; (E) butter; and (F) any other dairy product. ; and (5) by inserting after paragraph (7) (as so redesignated) the following: (8) Pork The term pork . (b) Notice of country of origin Section 282(a) of the Agricultural Marketing Act of 1946 ( 7 U.S.C. 1638a(a) (5) Designation of country of origin for dairy products (A) In general A retailer of a covered commodity that is a dairy product shall designate the origin of the covered commodity as— (i) each country in which or from which the 1 or more dairy ingredients or dairy components of the covered commodity were produced, originated, or sourced; and (ii) each country in which the covered commodity was processed. (B) State, region, locality of the united states With respect to a covered commodity that is a dairy product produced exclusively in the United States, designation by a retailer of the State, region, or locality of the United States where the covered commodity was produced shall be sufficient to identify the United States as the country of origin. . 204. Definitions in Packers and Stockyards Act, 1921 Section 2(a) of the Packers and Stockyards Act, 1921 ( 7 U.S.C. 182(a) (1) in paragraph (8), by striking for slaughter of such poultry under a poultry growing arrangement, regardless of whether the poultry is owned by that person or another person (2) in paragraph (9), by striking and cares for live poultry for delivery, in accord with another’s instructions, for slaughter or cares for live poultry in accordance with the instructions of another person (3) in each of paragraphs (1) through (9), by striking the semicolon at the end and inserting a period; (4) in paragraph (10)— (A) by striking for the purpose of either slaughtering it or selling it for slaughter by another (B) by striking ; and (5) by adding at the end the following: (15) Formula price (A) In general The term formula price (B) Exclusion The term formula price (i) any price term that establishes a base from which a purchase price is calculated on the basis of a futures market price; or (ii) any adjustment to the base for quality, grade, or other factors relating to the value of livestock or livestock products that are readily verifiable market factors and are outside the control of the packer. (16) Forward contract The term forward contract (A) a specified lot of livestock; or (B) a specified number of livestock over a certain period of time. . 205. Unlawful practices (a) In general Section 202 of the Packers and Stockyards Act, 1921 ( 7 U.S.C. 192 (1) by redesignating subsections (a) through (f) and (g) as paragraphs (1) through (6) and (10), respectively, and indenting appropriately; (2) by striking the section designation and all that follows through It shall be 202. Unlawful acts (a) In general It shall be ; (3) in subsection (a)— (A) in the matter preceding paragraph (1) (as so redesignated), by striking to: to do any of the following: (B) in each of paragraphs (1) through (6) (as so redesignated), by striking ; or (C) in paragraph (6) (as so redesignated)— (i) by striking (1) (A) (ii) by striking (2) (B) (iii) by striking (3) (C) (D) by inserting after paragraph (6) the following: (7) Use, in effectuating any sale of livestock, a forward contract that— (A) does not contain a firm base price that may be equated to a fixed dollar amount on the date on which the forward contract is entered into; (B) is not offered for bid in an open, public manner under which— (i) buyers and sellers have the opportunity to participate in the bid; (ii) more than 1 blind bid is solicited; and (iii) buyers and sellers may witness bids that are made and accepted; (C) is based on a formula price; or (D) provides for the sale of livestock in a quantity in excess of— (i) in the case of cattle, 40 cattle; (ii) in the case of swine, 30 swine; and (iii) in the case of another type of livestock, a comparable quantity of that type of livestock, as determined by the Secretary. (8) Own or feed livestock directly, through a subsidiary, or through an arrangement that gives a packer operational, managerial, or supervisory control over the livestock, or over the farming operation that produces the livestock, to such an extent that the producer of the livestock is not materially participating in the management of the operation with respect to the production of the livestock, except that this paragraph shall not apply to— (A) an arrangement entered into not more than 7 business days before slaughter of the livestock by a packer, a person acting through the packer, or a person that directly or indirectly controls, or is controlled by or under common control with, the packer; (B) a cooperative or entity owned by a cooperative, if a majority of the ownership interest in the cooperative is held by active cooperative members that— (i) own, feed, or control the livestock; and (ii) provide the livestock to the cooperative for slaughter; (C) a packer that is not required to report to the Secretary on each reporting day (as defined in section 212 of the Agricultural Marketing Act of 1946 ( 7 U.S.C. 1635a (D) a packer that owns only 1 livestock processing plant. (9) Take any action that adversely affects or is likely to adversely affect competition, regardless of whether there is a business justification for the action. ; and (E) in paragraph (10) (as so redesignated), by striking subdivision (a), (b), (c), (d), or (e) paragraphs (1) through (9) (4) by adding at the end the following: (b) Unfair, discriminatory, and deceptive practices and devices Acts by a packer, swine contractor, or live poultry dealer that violate subsection (a)(1) include the following: (1) Refusal to provide, on the request of a livestock producer, swine production contract grower, or poultry grower with which the packer, swine contractor, or live poultry dealer has a marketing or delivery contract, the relevant statistical information and data used to determine the compensation paid to the livestock producer, swine production contract grower, or poultry grower, as applicable, under the contract, including— (A) feed conversion rates by house, lot, or pen; (B) feed analysis; (C) breeder history; (D) quality grade; (E) yield grade; and (F) delivery volume for any certified branding program (such as programs for Angus beef or certified grassfed or Berkshire pork). (2) Conduct or action that limits or attempts to limit by contract the legal rights and remedies of a livestock producer, swine production contract grower, or poultry grower, including the right— (A) to a trial by jury, unless the livestock producer, swine production contract grower, or poultry grower, as applicable, is voluntarily bound by an arbitration provision in a contract; (B) to pursue all damages available under applicable law; and (C) to seek an award of attorneys’ fees, if available under applicable law. (3) Termination of a poultry growing arrangement or swine production contract with no basis other than an allegation that the poultry grower or swine production contract grower failed to comply with an applicable law, rule, or regulation. (4) A representation, omission, or practice that is likely to mislead a livestock producer, swine production contract grower, or poultry grower regarding a material condition or term in a contract or business transaction. (c) Undue or unreasonable preferences, advantages, prejudices, and disadvantages (1) In general Acts by a packer, swine contractor, or live poultry dealer that violate subsection (a)(2) include the following: (A) A retaliatory action (including coercion or intimidation) or the threat of retaliatory action— (i) in connection with the execution, termination, extension, or renewal of a contract or agreement with a livestock producer, swine production contract grower, or poultry grower aimed to discourage the exercise of the rights of the livestock producer, swine production contract grower, or poultry grower under this Act or any other law; and (ii) in response to lawful communication (including as described in paragraph (2)), association, or assertion of rights by a livestock producer, swine production contract grower, or poultry grower. (B) Use of the tournament system for poultry as described in paragraph (3). (2) Lawful communication described A lawful communication referred to in paragraph (1)(A)(ii) includes— (A) a communication with officials of a Federal agency or Members of Congress; (B) any lawful disclosure that demonstrates a reasonable belief of a violation of this Act or any other law; and (C) any other communication that assists in carrying out the purposes of this Act. (3) Use of tournament system for poultry (A) In general Subject to subparagraph (B), a live poultry dealer shall be in violation of subsection (a)(2) if the live poultry dealer determines the formula for calculating the pay of a poultry grower in a tournament group by comparing the performance of the birds of other poultry growers in the group using factors outside the control of the poultry grower and within the control of the live poultry dealer. (B) Exception Under subparagraph (A), a live poultry dealer shall not be found in violation of subsection (a)(2) if the live poultry dealer demonstrates through clear and convincing evidence that the inputs and services described in subparagraph (C) that were used in the comparative evaluation were substantially the same in quality, quantity, and timing, as applicable, for all poultry growers in the tournament group. (C) Inputs and services described The inputs and services referred to in subparagraph (B) include, with respect to poultry growers in the same tournament group— (i) the quantity, breed, sex, and age of chicks delivered to each poultry grower; (ii) the breed and age of the breeder flock from which chicks are drawn for each poultry grower; (iii) the quality, type (such as starter feed), and quantity of feed delivered to each poultry grower; (iv) the quality of and access to medications for the birds of each poultry grower; (v) the number of birds in a flock delivered to each poultry grower; (vi) the timing of the pick-up of birds for processing (including the age of the birds and the number of days that the birds are in the care of the poultry grower) for each poultry grower; (vii) the death loss of birds during pick-up, transport, and time spent at the processing plant for each poultry grower; (viii) condemnations of parts of birds due to actions in processing for each poultry grower; (ix) condemnations of whole birds due to the fault of the poultry grower; (x) the death loss of birds due to the fault of the poultry grower; (xi) the stated reasons for the cause of the death losses and condemnations described in clauses (vii) through (x); (xii) the type and classification of each poultry grower; and (xiii) any other input or service that may have an impact on feed conversion to weight gain efficiency or the life span of the birds of each poultry grower. (d) Harm to competition not required In determining whether an act, device, or conduct is a violation under paragraph (1) or (2) of subsection (a), a finding that the act, device, or conduct adversely affected or is likely to adversely affect competition is not required. . (b) Effective date (1) In general Subject to paragraph (2), paragraph (8) of section 202(a) of the Packers and Stockyards Act, 1921 ( 7 U.S.C. 192 (2) Transition rules In the case of a packer that, on the date of enactment of this Act, owns, feeds, or controls livestock intended for slaughter in violation of paragraph (8) of section 202(a) of the Packers and Stockyards Act, 1921 ( 7 U.S.C. 192 (A) in the case of a packer of swine, beginning on the date that is 18 months after the date of enactment of this Act; and (B) in the case of a packer of any other type of livestock, beginning not later than 180 days after the date of enactment of this Act, as determined by the Secretary. 206. Spot market purchases of livestock by packers The Packers and Stockyards Act, 1921, is amended by inserting after section 202 ( 7 U.S.C. 192 202A. Spot market purchases of livestock by packers (a) Definitions In this section: (1) Covered packer (A) In general The term covered packer 7 U.S.C. 1635 et seq. (B) Exclusion The term covered packer (2) Nonaffiliated producer The term nonaffiliated producer (A) that sells livestock to a packer; (B) that has less than 1 percent equity interest in the packer; (C) that has no officers, directors, employees, or owners that are officers, directors, employees, or owners of the packer; (D) that has no fiduciary responsibility to the packer; and (E) in which the packer has no equity interest. (3) Spot market sale (A) In general The term spot market sale (i) under an agreement that specifies a firm base price that may be equated with a fixed dollar amount on the date the agreement is entered into; (ii) under which the livestock are slaughtered not more than 7 days after the date on which the agreement is entered into; and (iii) under circumstances in which a reasonable competitive bidding opportunity exists on the date on which the agreement is entered into. (B) Reasonable competitive bidding opportunity For the purposes of subparagraph (A)(iii), a reasonable competitive bidding opportunity shall be considered to exist if— (i) no written or oral agreement precludes the producer from soliciting or receiving bids from other packers; and (ii) no circumstance, custom, or practice exists that— (I) establishes the existence of an implied contract (as determined in accordance with the Uniform Commercial Code); and (II) precludes the producer from soliciting or receiving bids from other packers. (b) General rule Of the quantity of livestock that is slaughtered by a covered packer during each reporting day in each plant, the covered packer shall slaughter not less than the applicable percentage specified in subsection (c) of the quantity through spot market sales from nonaffiliated producers. (c) Applicable percentages (1) In general Except as provided in paragraph (2), the applicable percentage shall be 50 percent. (2) Exceptions In the case of a covered packer that reported to the Secretary in the 2018 annual report that more than 60 percent of the livestock of the covered packer were committed procurement livestock, the applicable percentage shall be the greater of— (A) the difference between the percentage of committed procurement so reported and 100 percent; and (B) (i) during each of calendar years 2020 and 2021, 20 percent; (ii) during each of calendar years 2022 and 2023, 30 percent; and (iii) during calendar year 2024 and each calendar year thereafter, 50 percent. (d) Nonpreemption This section does not preempt any requirement of a State or political subdivision of a State that requires a covered packer to purchase on the spot market a greater percentage of the livestock purchased by the covered packer than is required under this section. . 207. Investigation of live poultry dealers (a) Administrative enforcement authority over live poultry dealers Sections 203, 204, and 205 of the Packers and Stockyards Act, 1921 ( 7 U.S.C. 193 , live poultry dealer, packer (b) Authority To request temporary injunction or restraining order Section 408(a) of the Packers and Stockyards Act, 1921 ( 7 U.S.C. 228a(a) or poultry care on account of poultry (c) Violations by live poultry dealers Section 411 of the Packers and Stockyards Act, 1921 ( 7 U.S.C. 228b–2 (1) in subsection (a), in the first sentence, by striking any provision of section 207 or section 410 of (2) in subsection (b), in the first sentence, by striking any provisions of section 207 or section 410 any provision 208. Award of attorney fees Section 204 of the Packers and Stockyards Act, 1921 ( 7 U.S.C. 194 (i) Attorney’s fee The court shall award a reasonable attorney’s fee as part of the costs to a prevailing plaintiff in a civil action under this section. . 209. Technical amendments (a) Section 203 of the Packers and Stockyards Act, 1921 ( 7 U.S.C. 193 (1) in subsection (a), in the first sentence— (A) by striking he shall cause the Secretary shall cause (B) by striking his charges the charges (2) in subsection (b), in the first sentence, by striking he shall make a report in writing in which he shall state his findings the Secretary shall make a report in writing in which the Secretary shall state the findings of the Secretary (3) in subsection (c), by striking he the Secretary (b) Section 204 of the Packers and Stockyards Act, 1921 ( 7 U.S.C. 194 (1) in subsection (a), by striking he has his the packer, live poultry dealer, or swine contractor has the (2) in subsection (c), by striking his officers, directors, agents, and employees the officers, directors, agents, and employees of the packer, live poultry dealer, or swine packer (3) in subsection (f), in the second sentence— (A) by striking his findings the findings of the Secretary (B) by striking he the Secretary (4) in subsection (g), by striking his officers, directors, agents, and employees the officers, directors, agents, and employees of the packer, live poultry dealer, or swine packer III GAO reports 301. Review and report on fragility and national security in the food system (a) In general Not later than 180 days after the date of enactment of this Act, the Comptroller General of the United States shall carry out, and submit to Congress a report containing, a review of the fragility of the food system in the United States with respect to meat and poultry. (b) Requirements The report under subsection (a) shall include information on, and an analysis of— (1) the reach of corporate consolidation and corporate control of the meat and poultry supply chain, including animal feed, inputs for animal feed, processing, and distribution; (2) the effects of corporate consolidation and corporate control of the meat and poultry supply chain on— (A) consumers, farmers, rural communities, and meat and poultry processing workers; (B) greenhouse gas emissions, climate change, and costs borne by communities to adapt to climate change; (C) water quality, soil quality, air quality, and biodiversity; and (D) politics and political lobbying; (3) (A) the extent to which Department of Agriculture rules and regulations designed for large covered establishments are applied to small- and medium-sized covered establishments; and (B) the need for the Secretary of Agriculture to adapt rules and regulations to benefit small- and medium-sized covered establishments; (4) the effects of the COVID–19 pandemic on meat and poultry exports, meat and poultry cold storage inventories, processing rates of meat and poultry, and the net profits earned by owners of covered establishments; (5) the effect of the COVID–19 pandemic on meat and poultry prices paid— (A) to farmers; and (B) by consumers; (6) Federal support for the corporations that control the largest percentage of the meat and poultry industry through contracts, procurement, subsidies, and other mechanisms; (7) the risk of disruption caused by corporate consolidation among covered establishments, including an analysis of food supply chain issues resulting from the COVID–19 pandemic; and (8) the extent to which breaking up the meat packing oligopoly would increase food system resiliency for the next pandemic. 302. Review and report on racial and ethnic disparities in meat and poultry processing Not later than 180 days after the date of enactment of this Act, the Comptroller General of the United States shall carry out, and submit to Congress, a report on racial and ethnic disparities in the meat and poultry processing sector. Such report shall contain a review of each of the following: (1) The impacts of working in covered establishments to individuals working at such establishments who are employees, temporary workers, incarcerated workers, noncitizen workers admitted to the United States as nonimmigrants described in section 101(a)(15)(H)(ii)(b) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(H)(ii)(b) 8 U.S.C. 1157 (A) workplace injuries, including repetitive musculoskeletal injuries, of such individuals; (B) psychological and mental health conditions of such individuals; (C) exposure of such individuals to chemicals or other potential carcinogens and reproductive toxins; (D) any physical or mental abuse, including sexual harassment, of such individuals by co-workers or managers; (E) the risk of exposure to SARS–CoV–2 for such individuals; (F) the extent to which such individuals are unable to seek appropriate relief for workplace injuries, abuse, and protection from exposure to SARS–CoV–2 during the COVID–19 emergency for fear of retaliation; and (G) COVID–19 deaths and illnesses of such individuals, including the short- and long-term effects of COVID–19 for such individuals. (2) The racial demographics and use of temporary workers to outsource the responsibility of covered establishments to provide a safe workplace. (3) The racial demographics and use of incarcerated workers in covered establishments, including— (A) the extent to which such workers have a choice in working at covered establishments; (B) the use of such workers to outsource the responsibility of covered establishments to provide a safe workplace; (C) the use of such workers to outsource the responsibility of covered establishments to provide fair compensation; and (D) the use of such workers by covered establishments to externalize employee cost. (4) The racial demographics and use of noncitizen workers admitted to the United States as nonimmigrants described in section 101(a)(15)(H)(ii)(b) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(H)(ii)(b) 8 U.S.C. 1157 (A) the extent to which predatory practices, such as limiting the ability of such workers to choose and move between competing organizations, are utilized by covered establishments with respect to such workers; (B) the extent to which such workers are unable to speak out for fear of retaliation; and (C) the extent to which there is full transparency about the nature of employment of such workers prior to being hired. (5) The racial demographics and use of noncitizen workers who are not lawfully present in the United States at covered establishments, including— (A) the extent to which such workers are unable to speak out for fear of retaliation; and (B) whether any collusion between Federal immigration offices and covered establishments have the effect of intimidating and silencing such workers. 303. GAO report on line speeds (a) In general Not later than 90 days after the end of the covered period, the Comptroller General of the United States shall carry out, and submit to Congress a report containing, a review of the actions taken by the Secretary, the Secretary of Labor, and the Secretary of Health and Human Services in response to the COVID–19 pandemic to determine the effectiveness of those actions in protecting animal, food, and worker safety. (b) Contents The review carried out under subsection (a) shall include information on, and an analysis of, with respect to covered establishments— (1) all policies and regulations relating to inspection of those establishments that have been implemented by the Secretary, the Secretary of Labor, and the Secretary of Health and Human Services during the COVID–19 emergency and the covered period; (2) the pandemic emergency preparedness plans of those establishments; (3) the extent to which those establishments have implemented guidance and recommendations to space workers 6 feet apart on production lines and in break rooms, locker rooms, and all other workspaces; (4) the extent to which those establishments maintain policies and procedures that discourage workers from reporting exposure, seeking treatment, or remaining in isolation, including— (A) bonus or work incentive programs; and (B) sick leave that does not cover the full pay of a worker; (5) the extent to which those establishments provide communications and training about COVID–19 in a language and at a literacy level workers understand; (6) (A) the quantity and quality of face masks and personal protective equipment, such as face shields and respirators, made available to workers at those establishments; (B) whether the face masks and personal protective equipment are provided to the workers free of charge; and (C) usage of the face masks and personal protective equipment by the workers; (7) any guidance provided to inspectors of those establishments by the Secretary, the Secretary of Labor, or the Secretary of Health and Human Services during the COVID–19 emergency; (8) actions taken by the Secretary, the Secretary of Labor, and the Secretary of Health and Human Services to protect workers, animals, and food at establishments that have reported cases of COVID–19; (9) all humane handling reports issued, and enforcement actions taken, by the Secretary during the COVID–19 emergency pursuant to— (A) Public Law 85–765 (commonly known as the Humane Methods of Slaughter Act of 1958 7 U.S.C. 1901 et seq. (B) good commercial practices regulations promulgated under the Poultry Products Inspection Act ( 21 U.S.C. 451 et seq. (10) the impact of faster line speeds on the ability of those establishments to maintain protections for workers; (11) any instance of interference by a Federal agency with the contents of any report of findings based on a review of a covered establishment experiencing an outbreak of COVID–19 conducted by personnel of the Centers for Disease Control and Prevention; and (12) any instance of interference by a Federal agency with the recommended actions of a State or local health department to close a covered facility experiencing COVID–19-related deaths and disease.

Protecting America’s Meatpacking Workers Act of 2023

Strengthening the Office of Tribal Relations Act of 2023 This bill establishes the position of Assistant Secretary of Agriculture for Tribal Relations within the Department of Agriculture (USDA). This position may be responsible for (1) overseeing USDA's Office of Tribal Relations; (2) planning, coordinating, and implementing USDA's policies and programs serving Indian tribes and tribal organizations; (3) coordinating tribal programs and activities in all of USDA's offices and agencies; and (4) participating in negotiated rulemakings associated with USDA's tribal programs.

118 S2709 IS: Strengthening the Office of Tribal Relations Act of 2023 U.S. Senate 2023-07-27 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 2709 IN THE SENATE OF THE UNITED STATES July 27, 2023 Mr. Heinrich Committee on Agriculture, Nutrition, and Forestry A BILL To amend the Department of Agriculture Reorganization Act of 1994 to establish an Assistant Secretary of Agriculture for Tribal Relations, and for other purposes. 1. Short title This Act may be cited as the Strengthening the Office of Tribal Relations Act of 2023 2. Assistant Secretary of Agriculture for Tribal Relations (a) In general Section 218 of the Department of Agriculture Reorganization Act of 1994 ( 7 U.S.C. 6918 (1) in subsection (a)— (A) in paragraph (2), by striking and (B) in paragraph (3), by striking the period at the end and inserting ; and (C) by adding at the end the following: (4) Assistant Secretary of Agriculture for Tribal Relations. ; (2) in subsection (b), by striking (1) or (3) (1), (3), or (4) (3) by adding at the end the following: (d) Assistant Secretary of Agriculture for Tribal Relations (1) Appointment In appointing an individual to the position of Assistant Secretary for Tribal Relations, the Secretary shall give priority to an individual who has a background in Tribal relations or affairs. (2) Duties The Secretary may delegate to the Assistant Secretary for Tribal Relations responsibility for— (A) overseeing the Office of Tribal Relations of the Department; (B) planning, coordinating, and implementing policies and programs of the Department serving Indian Tribes and Tribal organizations; (C) coordinating Tribal programs and activities in all offices and agencies of the Department; and (D) being a participant in any negotiated rulemakings relating to, or having an impact on, projects, programs, or funding associated with the Tribal programs of the Department. . (b) Compensation Section 5315 of title 5, United States Code, is amended by striking Assistant Secretaries of Agriculture (3) Assistant Secretaries of Agriculture (4) (c) Conforming amendment Section 296(b) of the Department of Agriculture Reorganization Act of 1994 ( 7 U.S.C. 7014(b) (11) The authority of the Secretary to establish within the Department the position of Assistant Secretary of Agriculture for Tribal Relations, and delegate duties to the Assistant Secretary, under section 218. .

Strengthening the Office of Tribal Relations Act of 2023

Farm System Reform Act of 2023 This bill places a moratorium on large concentrated animal feeding operations (CAFOs); expands country-of-origin labeling; and expands requirements in the livestock, poultry, and meat markets. Specifically, under the bill, a large CAFO may not commence or expand operations and, after January 1, 2041, may not continue to operate. Further, the Department of Agriculture must provide grants to eligible animal feed operation (AFO) owners to pay off related debt and to transition the property to alternative agriculture activities. Integrators (certain individuals or entities that enter into arrangements with contract growers to raise and care for livestock or poultry at an AFO) that exercise substantial operational control of an AFO are liable and subject to civil action for an AFO's operation, including for dead animal and manure disposal, and for the discharge of air and water pollutants. The bill also expands country-of-origin labeling requirements to include beef, pork, and dairy products. Further, the bill expands requirements and prohibitions under the Packers and Stockyards Act of 1921 in order to increase competition and transparency in the livestock, poultry, and meat markets, including by prohibiting the use of forward contracts (i.e., future livestock delivery to a packer) unless certain requirements are met, such as a firm base price and competitive bidding; establishing that a minimum of 50%, with exceptions, of a covered packer's daily volume of livestock slaughter must be purchased through spot market sales (i.e., the negotiated purchase or sale of livestock that meets specific pricing, timing, and competitive bidding requirements) from nonaffiliated producers; and providing USDA with additional enforcement authorities over live poultry dealers.

118 S271 IS: Farm System Reform Act of 2023 U.S. Senate 2023-02-02 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 271 IN THE SENATE OF THE UNITED STATES February 2, 2023 Mr. Booker Ms. Warren Mr. Sanders Committee on Agriculture, Nutrition, and Forestry A BILL To place a moratorium on large concentrated animal feeding operations, to strengthen the Packers and Stockyards Act, 1921, to require country of origin labeling on beef, pork, and dairy products, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Farm System Reform Act of 2023 (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definition of Secretary. TITLE I—Animal feeding operations Sec. 101. Definitions. Sec. 102. Moratorium on large concentrated animal feeding operations. Sec. 103. Voluntary debt forgiveness and transition assistance program for animal feeding operations. Sec. 104. Integrator responsibilities and liabilities. TITLE II—Amendments to Packers and Stockyards Act, 1921 Sec. 201. Definitions. Sec. 202. Unlawful practices. Sec. 203. Spot market purchases of livestock by packers. Sec. 204. Investigation of live poultry dealers. Sec. 205. Award of attorney fees. Sec. 206. Technical amendments. TITLE III—Labeling of meat and dairy products Sec. 301. Restoration of mandatory country of origin labeling for beef and pork; inclusion of dairy products. Sec. 302. Truth in labeling for meat and meat food products. 2. Definition of Secretary In this Act, the term Secretary I Animal feeding operations 101. Definitions In this title: (1) Agronomic requirement (A) In general The term agronomic requirement (B) Exclusions Planned nutrient applications under subparagraph (A) do not include nutrient indices, risk indices, or other methods that allow land application of manure in excess of crop need. (2) Animal feeding operation; AFO (A) In general The term animal feeding operation AFO (i) for not less than a total of 45 days in any 12-month period, animals (other than aquatic animals) are— (I) stabled or confined; and (II) fed or maintained; and (ii) crops, vegetation, forage growth, or postharvest residues are not sustained in the normal growing season over any portion of the lot or facility. (B) Aggregation Two or more lots or facilities described in subparagraph (A) shall constitute a single animal feeding operation if the lots or facilities— (i) are located within 3 miles of each other; and (ii) are under common ownership or control. (C) Exclusion The term animal feeding operation AFO 7 U.S.C. 202(a) (3) Large concentrated animal feeding operation; large CAFO The term large concentrated animal feeding operation large CAFO (A) 700 mature dairy cows, milked or dry; (B) 1,000 veal calves; (C) 1,000 cattle (including heifers, steers, bulls, cows, and calves) other than mature dairy cows or veal calves; (D) 2,500 swine, each weighing not less than 55 pounds; (E) 10,000 swine, each weighing not more than 55 pounds; (F) 500 horses; (G) 10,000 sheep or lambs; (H) 55,000 turkeys; (I) in the case of an AFO that uses a liquid manure handling system— (i) 30,000 laying hens or broilers; or (ii) 5,000 ducks; or (J) in the case of an AFO that uses a system other than a liquid manure handling system— (i) 125,000 chickens (other than laying hens); (ii) 82,000 laying hens; or (iii) 30,000 ducks. (4) Contract grower The term contract grower (5) Integrator The term integrator 7 U.S.C. 183 (6) Manure The term manure (A) the fecal and urinary excretions of livestock and poultry; and (B) litter, bedding, compost and raw materials, process wastewater, and other materials commingled with the excretions described in subparagraph (A) or set aside for disposal after such commingling. 102. Moratorium on large concentrated animal feeding operations (a) In general No large CAFO may commence or expand operations on or after the date of enactment of this Act. (b) Cessation of operations No large CAFO may continue to operate as a large CAFO after January 1, 2041. (c) Penalties Any person that violates subsection (a) or (b) may be assessed a civil penalty of up to $10,000 per violation, per day, in addition to any other applicable statutory civil penalty or monetary damages assessed pursuant to any State common law judgment. 103. Voluntary debt forgiveness and transition assistance program for animal feeding operations (a) Definition of eligible entity (1) In general In this section, the term eligible entity (2) Exclusion In this section, the term eligible entity (b) Establishment Not later than 180 days after the date of enactment of this Act, the Secretary shall carry out a program to provide grants to eligible entities to permanently transition from operating an AFO to carrying out other activities on the property on which the AFO is located. (c) Payments Under the program established under subsection (b), the Secretary shall provide grants to eligible entities— (1) to partially or fully pay off any outstanding debt of the eligible entity that was incurred to construct and operate the AFO; and (2) to cover costs relating to the transition of the property on which the AFO is located to be used for alternative agriculture activities, such as raising pasture-based livestock, growing specialty crops, or organic commodity production. (d) Requirement As a condition of receiving a grant under this section, an eligible entity shall provide to the Secretary a working lands easement on the property on which the AFO is located that prohibits— (1) the operation of the AFO and any associated waste management system on the easement area; and (2) the use of the easement area for a spray field or land application of manure at rates exceeding crop agronomic requirements for nitrogen and phosphorus. (e) Funding (1) In general On the first October 1 after the date of enactment of this Act, and on each October 1 thereafter, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary to carry out this section $10,000,000,000, to remain available until expended. (2) Receipt and acceptance The Secretary shall be entitled to receive, shall accept, and shall use to carry out this section the funds transferred under paragraph (1), without further appropriation. 104. Integrator responsibilities and liabilities (a) Responsibilities and liabilities (1) In general An integrator that exercises substantial operational control of an AFO, as described in subsection (b), shall be responsible and liable for, with respect to the operation of the AFO— (A) the disposal of dead animals; (B) the disposal of manure, excrement, and other waste; (C) the discharge or release of any air pollutant, including greenhouse gases, from any source located on or activity occurring at the AFO, including enteric processes, manure, and animal feed; (D) the discharge of any pollutant to groundwater or any surface water body, including the production area, manure storage, manure land application area (crop field), tile drain, and agricultural stormwater runoff of the AFO; (E) any harm suffered by the contract grower of the AFO or a third party from any activity described in subparagraphs (A) through (D), or from any other on-property or off-property contamination, including following an extreme weather event; and (F) any adverse health impacts, property value diminution, and loss of use and enjoyment of property suffered by neighboring residents of the AFO due to the operation of the AFO. (2) Duties not transferable The responsibilities and liabilities of an integrator under this subsection shall be nondelegable and non­trans­fer­able to any third party, including any contract grower. (b) Substantial operational control An integrator exercises substantial operational control of an AFO if the integrator— (1) holds an ownership interest in the livestock or poultry, land, or other capital of the AFO; (2) through a growout contract, marketing arrangement, or other arrangement, or through direct supervision of, or on-site participation in, activities at the AFO, controls— (A) the activity of persons working at the AFO; (B) the operation, management, or waste management practices of the AFO; or (C) the manner in which livestock or poultry at the AFO are grown, fed, watered, ventilated, heated, cooled, or medicated; (3) supplies feed, pharmaceuticals, or other inputs to the AFO; or (4) requires a capital investment from the contract grower of the AFO for erecting or expanding facilities at the AFO. (c) Civil actions (1) In general Any person may— (A) bring a civil action against an integrator in an appropriate court to redress any violation of this section or any other law relating to the activities described in this section; and (B) obtain appropriate relief in a civil action under subparagraph (A). (2) Attorney's fees for plaintiff The court shall award a reasonable attorney’s fee as part of the costs to a prevailing plaintiff in a civil action under this subsection. (3) No preemption Nothing in this subsection preempts, alters, displaces, abridges, or supplants any claim or remedy available under any State or Federal law, including common law, that provides a remedy for civil relief. (d) AFO discharges Section 402 of the Federal Water Pollution Control Act ( 33 U.S.C. 1342 (t) AFO discharges The Administrator shall require that all persons exercising substantial operational control (as described in section 104(b) of the Farm System Reform Act of 2023 . II Amendments to Packers and Stockyards Act, 1921 201. Definitions Section 2(a) of the Packers and Stockyards Act, 1921 ( 7 U.S.C. 182(a) (1) in paragraph (8), by striking for slaughter of such poultry under a poultry growing arrangement, regardless of whether the poultry is owned by that person or another person (2) in paragraph (9), by striking and cares for live poultry for delivery, in accord with another's instructions, for slaughter or cares for live poultry in accordance with the instructions of another person (3) in each of paragraphs (1) through (9), by striking the semicolon at the end and inserting a period; (4) in paragraph (10)— (A) by striking for the purpose of either slaughtering it or selling it for slaughter by another (B) by striking ; and (5) by adding at the end the following: (15) Formula price (A) In general The term formula price (B) Exclusion The term formula price (i) any price term that establishes a base from which a purchase price is calculated on the basis of a futures market price; or (ii) any adjustment to the base for quality, grade, or other factors relating to the value of livestock or livestock products that are readily verifiable market factors and are outside the control of the packer. (16) Forward contract The term forward contract (A) a specified lot of livestock; or (B) a specified number of livestock over a certain period of time. . 202. Unlawful practices (a) In general Section 202 of the Packers and Stockyards Act, 1921 ( 7 U.S.C. 192 (1) by redesignating subsections (a) through (f) and (g) as paragraphs (1) through (6) and (10), respectively, and indenting appropriately; (2) by striking the section designation and all that follows through It shall be 202. Unlawful acts (a) In general It shall be ; (3) in subsection (a)— (A) in the matter preceding paragraph (1) (as so redesignated), by striking to: to do any of the following: (B) in each of paragraphs (1) through (6) (as so redesignated), by striking ; or (C) in paragraph (6) (as so redesignated)— (i) by striking (1) (A) (ii) by striking (2) (B) (iii) by striking (3) (C) (D) by inserting after paragraph (6) the following: (7) Use, in effectuating any sale of livestock, a forward contract that— (A) does not contain a firm base price that may be equated to a fixed dollar amount on the date on which the forward contract is entered into; (B) is not offered for bid in an open, public manner under which— (i) buyers and sellers have the opportunity to participate in the bid; (ii) more than 1 blind bid is solicited; and (iii) buyers and sellers may witness bids that are made and accepted; (C) is based on a formula price; or (D) provides for the sale of livestock in a quantity in excess of— (i) in the case of cattle, 40 cattle; (ii) in the case of swine, 30 swine; and (iii) in the case of another type of livestock, a comparable quantity of that type of livestock, as determined by the Secretary. (8) Own or feed livestock directly, through a subsidiary, or through an arrangement that gives a packer operational, managerial, or supervisory control over the livestock, or over the farming operation that produces the livestock, to such an extent that the producer of the livestock is not materially participating in the management of the operation with respect to the production of the livestock, except that this paragraph shall not apply to— (A) an arrangement entered into not more than 7 business days before slaughter of the livestock by a packer, a person acting through the packer, or a person that directly or indirectly controls, or is controlled by or under common control with, the packer; (B) a cooperative or entity owned by a cooperative, if a majority of the ownership interest in the cooperative is held by active cooperative members that— (i) own, feed, or control the livestock; and (ii) provide the livestock to the cooperative for slaughter; (C) a packer that is not required to report to the Secretary on each reporting day (as defined in section 212 of the Agricultural Marketing Act of 1946 ( 7 U.S.C. 1635a (D) a packer that owns only 1 livestock processing plant. (9) Take any action that adversely affects or is likely to adversely affect competition, regardless of whether there is a business justification for the action. ; and (E) in paragraph (10) (as so redesignated), by striking subdivision (a), (b), (c), (d), or (e) paragraphs (1) through (9) (4) by adding at the end the following: (b) Unfair, discriminatory, and deceptive practices and devices Acts by a packer, swine contractor, or live poultry dealer that violate subsection (a)(1) include the following: (1) Refusal to provide, on the request of a livestock producer, swine production contract grower, or poultry grower with which the packer, swine contractor, or live poultry dealer has a marketing or delivery contract, the relevant statistical information and data used to determine the compensation paid to the livestock producer, swine production contract grower, or poultry grower, as applicable, under the contract, including— (A) feed conversion rates by house, lot, or pen; (B) feed analysis; (C) breeder history; (D) quality grade; (E) yield grade; and (F) delivery volume for any certified branding program (such as programs for angus beef or certified grassfed or Berkshire pork). (2) Conduct or action that limits or attempts to limit by contract the legal rights and remedies of a livestock producer, swine production contract grower, or poultry grower, including the right— (A) to a trial by jury, unless the livestock producer, swine production contract grower, or poultry grower, as applicable, is voluntarily bound by an arbitration provision in a contract; (B) to pursue all damages available under applicable law; and (C) to seek an award of attorneys' fees, if available under applicable law. (3) Termination of a poultry growing arrangement or swine production contract with no basis other than an allegation that the poultry grower or swine production contract grower failed to comply with an applicable law, rule, or regulation. (4) A representation, omission, or practice that is likely to mislead a livestock producer, swine production contract grower, or poultry grower regarding a material condition or term in a contract or business transaction. (c) Undue or unreasonable preferences, advantages, prejudices, and disadvantages (1) In general Acts by a packer, swine contractor, or live poultry dealer that violate subsection (a)(2) include the following: (A) A retaliatory action (including coercion or intimidation) or the threat of retaliatory action— (i) in connection with the execution, termination, extension, or renewal of a contract or agreement with a livestock producer, swine production contract grower, or poultry grower aimed to discourage the exercise of the rights of the livestock producer, swine production contract grower, or poultry grower under this Act or any other law; and (ii) in response to lawful communication (including as described in paragraph (2)), association, or assertion of rights by a livestock producer, swine production contract grower, or poultry grower. (B) Use of the tournament system for poultry as described in paragraph (3). (2) Lawful communication described A lawful communication referred to in paragraph (1)(A)(ii) includes— (A) a communication with officials of a Federal agency or Members of Congress; (B) any lawful disclosure that demonstrates a reasonable belief of a violation of this Act or any other law; and (C) any other communication that assists in carrying out the purposes of this Act. (3) Use of tournament system for poultry (A) In general Subject to subparagraph (B), a live poultry dealer shall be in violation of subsection (a)(2) if the live poultry dealer determines the formula for calculating the pay of a poultry grower in a tournament group by comparing the performance of the birds of other poultry growers in the group using factors outside the control of the poultry grower and within the control of the live poultry dealer. (B) Exception Under subparagraph (A), a live poultry dealer shall not be found in violation of subsection (a)(2) if the live poultry dealer demonstrates through clear and convincing evidence that the inputs and services described in subparagraph (C) that were used in the comparative evaluation were substantially the same in quality, quantity, and timing, as applicable, for all poultry growers in the tournament group. (C) Inputs and services described The inputs and services referred to in subparagraph (B) include, with respect to poultry growers in the same tournament group— (i) the quantity, breed, sex, and age of chicks delivered to each poultry grower; (ii) the breed and age of the breeder flock from which chicks are drawn for each poultry grower; (iii) the quality, type (such as starter feed), and quantity of feed delivered to each poultry grower; (iv) the quality of and access to medications for the birds of each poultry grower; (v) the number of birds in a flock delivered to each poultry grower; (vi) the timing of the pick-up of birds for processing (including the age of the birds and the number of days that the birds are in the care of the poultry grower) for each poultry grower; (vii) the death loss of birds during pick-up, transport, and time spent at the processing plant for each poultry grower; (viii) condemnations of parts of birds due to actions in processing for each poultry grower; (ix) condemnations of whole birds due to the fault of the poultry grower; (x) the death loss of birds due to the fault of the poultry grower; (xi) the stated reasons for the cause of the death losses and condemnations described in clauses (vii) through (x); (xii) the type and classification of each poultry grower; and (xiii) any other input or service that may have an impact on feed conversion to weight gain efficiency or the life span of the birds of each poultry grower. (d) Harm to competition not required In determining whether an act, device, or conduct is a violation under paragraph (1) or (2) of subsection (a), a finding that the act, device, or conduct adversely affected or is likely to adversely affect competition is not required. . (b) Effective date (1) In general Subject to paragraph (2), paragraph (8) of section 202(a) of the Packers and Stockyards Act, 1921 ( 7 U.S.C. 192 (2) Transition rules In the case of a packer that, on the date of enactment of this Act, owns, feeds, or controls livestock intended for slaughter in violation of paragraph (8) of section 202(a) of the Packers and Stockyards Act, 1921 ( 7 U.S.C. 192 (A) in the case of a packer of swine, beginning on the date that is 18 months after the date of enactment of this Act; and (B) in the case of a packer of any other type of livestock, beginning not later than 180 days after the date of enactment of this Act, as determined by the Secretary. 203. Spot market purchases of livestock by packers The Packers and Stockyards Act, 1921, is amended by inserting after section 202 ( 7 U.S.C. 192 202A. Spot market purchases of livestock by packers (a) Definitions In this section: (1) Covered packer (A) In general The term covered packer 7 U.S.C. 1635 et seq. (B) Exclusion The term covered packer (2) Nonaffiliated producer The term nonaffiliated producer (A) that sells livestock to a packer; (B) that has less than 1 percent equity interest in the packer; (C) that has no officers, directors, employees, or owners that are officers, directors, employees, or owners of the packer; (D) that has no fiduciary responsibility to the packer; and (E) in which the packer has no equity interest. (3) Spot market sale (A) In general The term spot market sale (i) under an agreement that specifies a firm base price that may be equated with a fixed dollar amount on the date the agreement is entered into; (ii) under which the livestock are slaughtered not more than 7 days after the date on which the agreement is entered into; and (iii) under circumstances in which a reasonable competitive bidding opportunity exists on the date on which the agreement is entered into. (B) Reasonable competitive bidding opportunity For the purposes of subparagraph (A)(iii), a reasonable competitive bidding opportunity shall be considered to exist if— (i) no written or oral agreement precludes the producer from soliciting or receiving bids from other packers; and (ii) no circumstance, custom, or practice exists that— (I) establishes the existence of an implied contract (as determined in accordance with the Uniform Commercial Code); and (II) precludes the producer from soliciting or receiving bids from other packers. (b) General rule Of the quantity of livestock that is slaughtered by a covered packer during each reporting day in each plant, the covered packer shall slaughter not less than the applicable percentage specified in subsection (c) of the quantity through spot market sales from nonaffiliated producers. (c) Applicable percentages (1) In general Except as provided in paragraph (2), the applicable percentage shall be 50 percent. (2) Exceptions In the case of a covered packer that reported to the Secretary in the 2020 annual report that more than 60 percent of the livestock of the covered packer were committed procurement livestock, the applicable percentage shall be the greater of— (A) the difference between the percentage of committed procurement so reported and 100 percent; and (B) (i) during each of calendar years 2023 and 2024, 20 percent; (ii) during each of calendar years 2025 and 2026, 30 percent; and (iii) during calendar year 2027 and each calendar year thereafter, 50 percent. (d) Nonpreemption This section does not preempt any requirement of a State or political subdivision of a State that requires a covered packer to purchase on the spot market a greater percentage of the livestock purchased by the covered packer than is required under this section. . 204. Investigation of live poultry dealers (a) Administrative enforcement authority over live poultry dealers Sections 203, 204, and 205 of the Packers and Stockyards Act, 1921 ( 7 U.S.C. 193 , live poultry dealer, packer (b) Authority To request temporary injunction or restraining order Section 408(a) of the Packers and Stockyards Act, 1921 ( 7 U.S.C. 228a(a) or poultry care on account of poultry (c) Violations by live poultry dealers Section 411 of the Packers and Stockyards Act, 1921 ( 7 U.S.C. 228b–2 (1) in subsection (a), in the first sentence, by striking any provision of section 207 or section 410 of (2) in subsection (b), in the first sentence, by striking any provisions of section 207 or section 410 any provision 205. Award of attorney fees Section 204 of the Packers and Stockyards Act, 1921 ( 7 U.S.C. 194 (i) Attorney's fee The court shall award a reasonable attorney’s fee as part of the costs to a prevailing plaintiff in a civil action under this section. . 206. Technical amendments (a) Section 203 of the Packers and Stockyards Act, 1921 ( 7 U.S.C. 193 (1) in subsection (a), in the first sentence— (A) by striking he shall cause the Secretary shall cause (B) by striking his charges the charges (2) in subsection (b), in the first sentence, by striking he shall make a report in writing in which he shall state his findings the Secretary shall make a report in writing in which the Secretary shall state the findings of the Secretary (3) in subsection (c), by striking he the Secretary (b) Section 204 of the Packers and Stockyards Act, 1921 ( 7 U.S.C. 194 (1) in subsection (a), by striking he has his the packer, live poultry dealer, or swine contractor has the (2) in subsection (c), by striking his officers, directors, agents, and employees the officers, directors, agents, and employees of the packer, live poultry dealer, or swine packer (3) in subsection (f), in the second sentence— (A) by striking his findings the findings of the Secretary (B) by striking he the Secretary (4) in subsection (g), by striking his officers, directors, agents, and employees the officers, directors, agents, and employees of the packer, live poultry dealer, or swine packer III Labeling of meat and dairy products 301. Restoration of mandatory country of origin labeling for beef and pork; inclusion of dairy products (a) Definitions Section 281 of the Agricultural Marketing Act of 1946 ( 7 U.S.C. 1638 (1) by redesignating paragraphs (1), (2) through (5), (6), and (7) as paragraphs (2), (4) through (7), (9), and (10), respectively; (2) by inserting before paragraph (2) (as so redesignated) the following: (1) Beef The term beef ; (3) in paragraph (2) (as so redesignated)— (A) in subparagraph (A)— (i) in clause (i), by striking lamb beef, lamb, pork, (ii) in clause (ii), by striking ground lamb ground beef, ground lamb, ground pork, (iii) in clause (x), by striking and (iv) in clause (xi), by striking the period at the end and inserting ; and (v) by adding at the end the following: (xii) dairy products. ; and (B) in subparagraph (B), by inserting (other than clause (xii) of that subparagraph) subparagraph (A) (4) by inserting after paragraph (2) (as so redesignated) the following: (3) Dairy product The term dairy product (A) fluid milk; (B) cheese, including cottage cheese and cream cheese; (C) yogurt; (D) ice cream; (E) butter; and (F) any other dairy product. ; and (5) by inserting after paragraph (7) (as so redesignated) the following: (8) Pork The term pork . (b) Notice of country of origin Section 282(a) of the Agricultural Marketing Act of 1946 ( 7 U.S.C. 1638a(a) (5) Designation of country of origin for dairy products (A) In general A retailer of a covered commodity that is a dairy product shall designate the origin of the covered commodity as— (i) each country in which or from which the 1 or more dairy ingredients or dairy components of the covered commodity were produced, originated, or sourced; and (ii) each country in which the covered commodity was processed. (B) State, region, locality of the United States With respect to a covered commodity that is a dairy product produced exclusively in the United States, designation by a retailer of the State, region, or locality of the United States where the covered commodity was produced shall be sufficient to identify the United States as the country of origin. . 302. Truth in labeling for meat and meat food products Section 7 of the Federal Meat Inspection Act ( 21 U.S.C. 607 (g) Product of the United States The label of a meat or meat food product may bear the phrase Product of U.S.A. .

Farm System Reform Act of 2023

Industrial Agriculture Accountability Act of 2023 This bill establishes additional requirements for larger animal feeding operations (AFOs) owned or controlled by industrial operators and increases handling requirements for livestock and poultry. Specifically, the bill establishes the Office of High-Risk AFO Disaster Mitigation and Enforcement within the Department of Agriculture (USDA) and requires such industrial operators to register with the office and submit annual disaster mitigation plans (e.g., for public health emergencies and major disasters). In addition, industrial operators must pay annual disaster mitigation maintenance fees to the office and are liable for costs associated with disaster events or depopulation (the rapid destruction of animals in response to urgent circumstances). Industrial operators are restricted from using specified methods of depopulation; any person may sue an industrial operator or USDA over a violation. Further, USDA must establish depopulation standards that rapidly induce unconsciousness and death with minimal pain and distress. The Department of Labor must enforce minimum labor standards for industrial operators regarding covered workers or affected contract growers in disaster mitigation events, including whistleblower protections and health insurance requirements. Further, industrial operators may not use incarcerated workers in these events. The bill also includes provisions on the handling of livestock and poultry, such as requiring USDA to set additional standards for animal transport; including poultry in the Humane Methods of Slaughter Act of 1958 and creating a USDA grant program to transition processing facilities to a different slaughter method; requiring USDA to promulgate certain regulations regarding the humane treatment, euthanasia, and disposition of nonambulatory livestock; and terminating programs that allow for slaughter speeds that exceed existing limits or reduce the use of federal inspectors.

85 S272 IS: Industrial Agriculture Accountability Act of 2023 U.S. Senate 2023-02-02 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 272 IN THE SENATE OF THE UNITED STATES February 2, 2023 Mr. Booker Ms. Warren Mr. Schatz Committee on Agriculture, Nutrition, and Forestry A BILL To establish the Office of High-Risk AFO Disaster Mitigation and Enforcement in the Department of Agriculture, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Industrial Agriculture Accountability Act of 2023 (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definition of Secretary. Sec. 3. Findings. TITLE I—High-risk AFO disaster mitigation and enforcement Sec. 101. Definitions. Subtitle A—Department of Agriculture Sec. 111. Office of High-Risk AFO Disaster Mitigation and Enforcement. Sec. 112. Registration of high-risk AFOs. Sec. 113. Covered industrial operator responsibilities and liabilities. Sec. 114. Restriction on certain methods of depopulation. Sec. 115. Reports. Sec. 116. Civil actions. Subtitle B—Department of Labor Sec. 121. Definitions. Sec. 122. Minimum labor standards for covered workers and affected contract growers. Sec. 123. Prohibition on the use of incarcerated workers. TITLE II—Grant and pilot programs Sec. 201. Definitions. Sec. 202. Controlled-atmosphere stunning transition program. Sec. 203. Pilot program for increased accessibility to inspection and technical assistance for eligible processing facilities. TITLE III—Humane handling reforms Subtitle A—Transport Sec. 311. Transportation of livestock and poultry. Sec. 312. Higher-welfare transport research funding. Subtitle B—Nonambulatory livestock Sec. 321. Unlawful slaughter practices involving nonambulatory livestock. Sec. 322. Unlawful use of drugs contributing to nonambulatory conditions. Sec. 323. Inclusion of poultry in Humane Methods of Slaughter Act. Subtitle C—Inspections Sec. 331. Definitions. Sec. 332. Ending dangerous higher-speed slaughter and self-inspection systems. Sec. 333. Funding for additional OSHA inspectors. Sec. 334. Funding for additional FSIS inspectors. 2. Definition of Secretary In this Act, the term Secretary 3. Findings Congress finds that— (1) factory farms owned or controlled by industrial operators— (A) lack systemic resilience; (B) present significant risks, particularly in the event of a disaster; and (C) negatively impact— (i) farmed animals, who suffer tremendously from cruel depopulation methods and without meaningful disaster mitigation efforts; (ii) meat and poultry processing workers, who are subjected to exploitative conditions and abusive behavior by employers in depopulation situations— (I) including— (aa) being required to spend long hours, over days or weeks, mass-killing farmed animals; and (bb) being terminated following the completion of a depopulation event, without financial support; and (II) that lead to long-term psychological impacts, including increased feelings of anger and stress; and (iii) neighboring communities and the environment, including through— (I) flood waters overrunning manure lagoons resulting in ecological degradation in the form of soil, surface, and groundwater contamination; (II) algae blooms; and (III) wildlife population crashes; (2) (A) since 2019, more than 60,000,000 poultry and 10,000,000 swine have been depopulated; and (B) those massive cullings are often conducted using incredibly inhumane practices including ventilation shutdown, ventilation shutdown plus, sodium nitrite poisoning, and water-based foaming (as those terms are defined in section 114(a)); (3) since 2019, industrial operators put slaughterhouse workers in jeopardy and cost taxpayers millions of dollars; (4) industrial operators continue to experience record profits, including a 300-percent growth in profits during the COVID–19 pandemic; (5) industrial operators have created a system that allows for the inhumane handling of nonambulatory livestock (as defined in section 3(a) of Public Law 85–765 Humane Methods of Slaughter Act of 1958 (6) industrial operators have abused the use of certain drugs that increase the risk of livestock becoming nonambulatory livestock (as so defined); (7) slaughterhouse deregulation and decreased Federal oversight of meat and poultry slaughter pose significant risks to workers, consumers, and animals; (8) Federal humane slaughter laws currently exempt 98 percent of animals slaughtered for food; (9) current Federal animal transport laws are ineffective and inherently cruel; and (10) Federal support is needed to create a level playing field for farmers engaged in higher-welfare practices who are struggling to compete in a highly monopolized market controlled by industrial operators. I High-risk AFO disaster mitigation and enforcement 101. Definitions In this title: (1) Animal feeding operation; AFO (A) In general The term animal feeding operation AFO (i) for not less than a total of 45 days in any 12-month period, animals (other than aquatic animals) are— (I) stabled or confined; and (II) fed or maintained; and (ii) crops, vegetation, forage growth, or postharvest residues are not sustained in the normal growing season over any portion of the lot or facility. (B) Multiple lots For purposes of subparagraph (A), 2 or more lots or facilities described in that subparagraph shall be considered to be a single animal feeding operation if the lots or facilities— (i) are located within 3 miles of each other; and (ii) are under common ownership or control. (C) Exclusion The term animal feeding operation AFO (i) are primarily raised on pasture, grassland, or other vegetative environments; (ii) have the ability to exercise species-specific natural behaviors; and (iii) have access to appropriate shelter, healthy vegetation, potable water, and adequate protection from predators. (2) Covered industrial operator The term covered industrial operator (A) 2,500 swine. (B) 30,000 turkeys or ducks. (C) 82,000 laying hens or broilers. (3) Depopulation The term depopulation (4) Disaster event The term disaster event (A) a public health emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act ( 42 U.S.C. 247d (B) a major disaster declared by the President under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170 (C) a disaster designated by the Secretary pursuant to part 759 of title 7, Code of Federal Regulations (or successor regulations); and (D) a quarantine designated by the Secretary pursuant to the Plant Protection Act ( 7 U.S.C. 7701 et seq. (5) High-risk AFO The term high-risk AFO (6) Office The term Office A Department of Agriculture 111. Office of High-Risk AFO Disaster Mitigation and Enforcement The Secretary shall establish an office within the Department of Agriculture, to be known as the Office of High-Risk AFO Disaster Mitigation and Enforcement 112. Registration of high-risk AFOs (a) Registration requirement (1) In general A covered industrial operator shall be required to register with the Office prior to selling, buying, or transferring livestock, poultry, or any product derived from livestock or poultry across State lines. (2) Information In registering with the Office under paragraph (1), a covered industrial operator shall submit to the Office— (A) identifying information about the covered industrial operator, including the location, animal type, and peak inventory animal totals for all high-risk AFOs owned or controlled by the covered industrial operator; and (B) a standard disaster mitigation plan that includes— (i) a description of the type, location, and extent of all potential disaster events that can affect livestock or poultry housed in a high-risk AFO, including information on previous occurrences of disaster events and the probability of future disaster events; (ii) a plan to ensure that animals do not go without necessary resources such as shelter, food, and water during an extreme weather event; (iii) a plan to increase flexibility and resiliency, including— (I) identifying ways to house animals past their intended slaughter date; and (II) alternative slaughter and processing arrangements, including contracting with small-scale Department of Agriculture, State-certified, or mobile operations with existing capacity, in the event of supply chain disruptions; (iv) a plan for accessing necessary resources, personal protective equipment, and labor to carry out depopulation in ways that most rapidly render animals unconscious in the event that depopulation is unavoidable; (v) a plan for disposal of any deceased animals that— (I) satisfies requirements under all relevant Federal, State, and local environmental and public health laws; and (II) does not rely on unlined burial or onsite incineration; and (vi) other information, as determined appropriate by the Secretary. (3) Annual submission A covered industrial operator that is registered with the Office pursuant to this subsection shall submit to the Office the information described in paragraph (2) on an annual basis. (4) Restricted funds for plan A covered industrial operator shall not, in developing a standard disaster mitigation plan described in paragraph (2)(B), use any Federal funds, including funds provided under the environmental quality incentive program under subchapter A of chapter 4 of subtitle D of title XII of the Food Security Act of 1985 ( 16 U.S.C. 3839aa et seq. (b) Disaster mitigation maintenance fee (1) In general A covered industrial operator registered under subsection (a) shall pay to the Office an annual fee by January 15 of each year for each high-risk AFO owned or controlled by the covered industrial operator. (2) Total amount of fees The amount of the fee required under paragraph (1)— (A) shall be determined by the Secretary in a manner that will ensure that the total amount of fees collected for each fiscal year shall sufficiently fund the activities of the Office for that fiscal year; but (B) shall not be less than $1 per animal unit (as defined by the Administrator of the Environmental Protection Agency) for each fiscal year. (3) Restriction A covered industrial operator may not reduce wages or grower payments in order to derive the amount of the fee required under paragraph (1). (c) High-Risk AFO Disaster Mitigation and Enforcement Fund (1) Establishment There is established in the Treasury of the United States a fund, to be known as the High-Risk AFO Disaster Mitigation and Enforcement Fund Fund (2) Source; use All moneys derived from fees collected by the Office under subsection (b) shall be deposited in the Fund and made available to the Secretary, without fiscal year limitation, to offset costs relating to— (A) the administrative costs associated with operating the Office and technical assistance offered by staff of the Office; (B) creating the national stockpile pursuant to section 114(c)(2); (C) enforcement actions against covered industrial operators that do not comply with this subtitle; and (D) any other activities determined by the Secretary. 113. Covered industrial operator responsibilities and liabilities A covered industrial operator shall be responsible and liable for, with respect to each high-risk AFO owned or controlled by the covered industrial operator, all costs associated with activities related to disaster events or depopulation of livestock or poultry, including— (1) procuring resources for depopulation of livestock or poultry, including from the national stockpile described in section 114(c)(2); (2) disposal of deceased animals that— (A) satisfies requirements under all relevant Federal, State, and local environmental and public health laws; and (B) does not rely on unlined burial or onsite incineration; (3) compensation for contract growers and workers, as provided in subtitle B; (4) compensation for any adverse health impacts, property value diminution, and loss of use and enjoyment of property suffered by neighboring residents of the high-risk AFO; and (5) other costs determined by the Secretary. 114. Restriction on certain methods of depopulation (a) Definitions In this section: (1) Restricted practice The term restricted practice (A) sodium nitrite poisoning; (B) ventilation shutdown; (C) ventilation shutdown plus; (D) water-based foaming; and (E) any other method identified by the Secretary. (2) Sodium nitrite poisoning The term sodium nitrite poisoning (3) Ventilation shutdown The term ventilation shutdown (4) Ventilation shutdown plus The term ventilation shutdown plus (5) Water-based foaming The term water-based foaming (b) Restrictions; civil penalty Notwithstanding any other provision of law, beginning 1 year after the date of enactment of this Act, a covered industrial operator that uses 1 or more restricted practices for any event of depopulation of livestock or poultry on a high-risk AFO owned or controlled by the covered industrial operator, as determined by the Office— (1) shall not be eligible for any Federal contract for a period of 10 years beginning on that date; (2) shall not be eligible for inspection of any facility owned or controlled by the covered industrial operator pursuant to the Federal Meat Inspection Act ( 21 U.S.C. 601 et seq. 21 U.S.C. 451 et seq. (3) shall be assessed a civil penalty of up to $1,000 per animal per act of depopulation, with consideration given to the appropriateness of the penalty with respect to the gravity of the violation and the good faith of the covered industrial operator. (c) Standards and resources Not later than 1 year after the date of enactment of this Act, the Secretary shall issue a final rule— (1) to establish depopulation standards that rapidly induce unconsciousness and death with minimal pain and distress; and (2) to coordinate a national stockpile of resources— (A) to carry out depopulation activities during a disaster event in a way that rapidly induces unconsciousness and death of the animals with minimal pain and distress; and (B) using funds from the High-Risk AFO Disaster Mitigation and Enforcement Fund established by section 112(c)(1). 115. Reports (a) Reports to Secretary Not later than 3 business days after completing any depopulation of any animals, a covered industrial operator performing or requiring such depopulation shall submit to the Secretary a report on that depopulation instance that specifies— (1) the 1 or more dates on which, and location at which, the depopulation and disposal of the animals occurred; (2) the total number, species, breed, and intended product of the depopulated animals; (3) the depopulation and disposal methods utilized; (4) any monitoring, testing, or sampling protocol put in place to monitor releases of environmental contaminants from the disposal location; (5) a summary of any assets utilized or received from the national stockpile established pursuant to section 114(c)(2), as applicable; (6) documentation of compliance or noncompliance with the standard disaster mitigation plan described in section 112(a)(2)(B) of the covered industrial operator; and (7) the cost associated with the depopulation and disposal, including labor. (b) Publicly searchable database The Secretary, acting through the Office, shall develop and make publicly available an electronically searchable and sortable online database that contains information— (1) reported under subsection (a); and (2) submitted by covered industrial operators registering under section 112. 116. Civil actions (a) In general Any person may— (1) bring a civil action against a covered industrial operator or the Secretary in an appropriate court to redress any violation of this subtitle or any other law relating to the activities described in this subtitle; and (2) obtain appropriate relief in that civil action, including equitable relief and compensatory damages. (b) Attorney's fees for plaintiff The court shall award a reasonable attorney’s fee as part of the costs to a prevailing plaintiff in a civil action described in subsection (a). B Department of Labor 121. Definitions In this subtitle: (1) Affected contract grower The term affected contract grower (A) that raises livestock or poultry pursuant to a written contract, marketing arrangement, or other arrangement, with a covered industrial operator; and (B) whose AFO is impacted by a disaster mitigation event. (2) Affected contractor The term affected contractor (3) Covered worker (A) In general The term covered worker (i) means an employee who performs labor in connection with a disaster mitigation event for a covered industrial operator; and (ii) includes any employee of an affected contract grower, or of another affected contractor, of a covered industrial operator. (B) Additional terms In this paragraph, the term employee (i) the individual is free from control and direction in connection with the performance of the labor, both under the contract for the performance of labor and in fact; (ii) the labor is performed outside the usual course of the business of the covered industrial operator; and (iii) the individual is customarily engaged in an independently established trade, occupation, profession, or business of the same nature as that involved in the labor performed. (4) Disaster mitigation event The term disaster mitigation event 122. Minimum labor standards for covered workers and affected contract growers (a) Applicability A covered industrial operator that employs or contracts with covered workers, affected contract growers, or other affected contractors related to a disaster mitigation event shall comply with the labor standards described in subsection (b). (b) Labor standards The labor standards described in this subsection are the following: (1) Whistleblower protections A covered industrial operator shall not discharge, cause to be discharged, or in any other manner discriminate against any covered worker or affected contract grower because such covered worker or affected contract grower— (A) has filed any complaint or instituted or caused to be instituted any proceeding under or related to this section; or (B) has testified or is about to testify in any such proceeding. (2) Health insurance requirement During a disaster mitigation event and for a period of not less than 2 years following the disaster mitigation event, the covered industrial operator shall offer each covered worker and affected contract grower of the covered industrial operator a health plan that provides coverage that is at least equivalent to coverage provided by an essential health benefits package (as defined in subsection (a) of section 1302 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18022 (3) Severance pay for covered workers In the case of a disaster mitigation event, the covered industrial operator shall provide any covered worker terminated by the covered industrial operator, or by an affected contract grower or other affected contractor of the covered industrial operator impacted by the disaster mitigation event, during the 60-day period following the disaster mitigation event with 12 weeks of severance pay, at a weekly rate equal to the average weekly earnings of the covered worker during the disaster mitigation event. (4) Lost revenue for affected contract growers In any case in which a covered industrial operator terminates the contract of an affected contract grower following a disaster mitigation event, the covered industrial operator shall provide an amount of lost revenue to the affected contract grower equal to the affected contract grower’s revenue from the covered operator during the preceding 180 days. (c) Enforcement by the Secretary of Labor (1) General authority The Secretary of Labor shall receive, investigate, and attempt to resolve complaints of violations of this section in the same manner that the Secretary of Labor receives, investigates, and attempts to resolve complaints of violations of sections 6, 7, and 15(a)(3) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 206 29 U.S.C. 216(c) (2) Civil penalties The Secretary of Labor may assess a civil penalty against a covered industrial operator that violates any provision of this section. (3) Monitoring compliance Not later than 90 days after the date of enactment of this Act, the Secretary of Labor shall— (A) develop a process to monitor compliance with the standards under this section that requires covered industrial operators to provide information to demonstrate such compliance; and (B) issue rules to determine penalties for noncompliance with this section. (4) Notification of Office The Secretary of Labor shall notify the Office of any covered industrial operator that is determined to be noncompliant with the requirements of this section. (d) Right of action for violations (1) Private right of action for violations An action to recover damages or obtain relief prescribed in paragraph (2) may be maintained against any covered industrial operator in any Federal or State court of competent jurisdiction by 1 or more covered workers or affected contract growers for and on behalf of themselves and other similarly situated covered workers or affected contract growers. (2) Liability (A) In general A covered industrial operator who violates this section shall be liable to each covered worker or affected contract grower that is aggrieved by the violation for— (i) damages in the amount of unpaid wages, salary, overtime compensation, or other compensation denied or lost by reason of the violation; and (ii) an additional equal amount as liquidated damages. (B) Attorney’s fees and costs In a civil action brought under paragraph (1) in which the plaintiff prevails, the court shall award the plaintiff reasonable attorney’s fees and costs of the action. (3) Enforcement by the Secretary of Labor The Secretary of Labor may bring an action in any court of competent jurisdiction to recover damages or obtain relief described in paragraph (2) on behalf of a covered worker or affected contract grower aggrieved by a violation of this section. 123. Prohibition on the use of incarcerated workers Notwithstanding any other provision of law, a covered industrial operator that the Secretary of Labor determines entered into a contract, on or after the date of enactment of this Act, with any entity to utilize incarcerated workers to perform labor related to a disaster mitigation event shall not be eligible for— (1) any Federal contracts for a period of 10 years beginning on the date of the determination; and (2) inspection of any facility owned or controlled by the covered industrial operator pursuant to the Federal Meat Inspection Act ( 21 U.S.C. 601 et seq. 21 U.S.C. 451 et seq. II Grant and pilot programs 201. Definitions In this title: (1) Controlled-atmosphere stunning The term controlled-atmosphere stunning (2) Eligible processing facility The term eligible processing facility 21 U.S.C. 473 (3) Labor peace agreement The term labor peace agreement (A) between an employer and a labor organization that represents, or is actively seeking to represent as of the date on which the labor peace agreement is entered, the employees of the employer; and (B) under which such employer and such labor organization agree that— (i) the employer will not— (I) hinder any effort of an employee to join a labor organization; or (II) take any action that directly or indirectly indicates or implies any opposition to an employee joining a labor organization; (ii) the labor organization will refrain from picketing, work stoppages, or boycotts against the employer; (iii) the employer will— (I) provide the labor organization with employee contact information; and (II) facilitate or permit labor organization access to employees at the workplace, including facilitating or permitting the labor organization to meet with employees to discuss joining the labor organization; and (iv) the employer will, upon the request of the labor organization, recognize the labor organization as the bargaining representative of the employees if a majority of the employees choose the labor organization as their bargaining representative. (4) Live-shackle slaughter The term live-shackle slaughter 202. Controlled-atmosphere stunning transition program (a) In general Not later than 180 days after the date of enactment of this Act, the Secretary shall establish a transition program to award grants to eligible processing facilities that process poultry to transition from live-shackle slaughter to controlled-atmosphere stunning. (b) Eligibility As a condition of receipt of a grant under subsection (a), an eligible processing facility shall not, for a period of 10 years following the date of receipt of the grant, sell a slaughter or processing facility to, or merge the slaughter or processing facility with, a packer that owns more than 10 percent of the market share of meat and poultry markets. (c) Funding There is appropriated, out of any funds in the Treasury not otherwise appropriated, $750,000,000 to the Secretary to carry out this section. 203. Pilot program for increased accessibility to inspection and technical assistance for eligible processing facilities (a) In general The Secretary shall carry out a 5-year pilot program within the Meat and Poultry Inspection Division of the Food Safety and Inspection Service— (1) to expand the availability of processing inspectors, technical assistance, and onsite inspection for eligible processing facilities, including no-cost overtime inspections; and (2) to identify and train part-time inspectors and technical assistance providers. (b) Professional experience The Secretary shall determine the appropriate professional experience of inspectors and providers described in subsection (a)(2), which shall include individuals with expertise in veterinary medicine, public health, food service management, and animal science, as applicable. (c) Funding There is authorized to be appropriated to the Secretary not less than $50,000,000 to carry out this section. III Humane handling reforms A Transport 311. Transportation of livestock and poultry (a) Transportation lasting more than 8 hours (1) In general Section 80502 of title 49, United States Code, is amended— (A) in subsection (a)(1), by striking a rail carrier territory or possession, a covered provider of transportation (B) in subsection (b)— (i) in paragraph (3), by striking subsection (a) of this section subsection (b) (ii) by redesignating paragraphs (1) through (3) as subparagraphs (A) through (C), respectively, and indenting appropriately; (iii) in the matter preceding subparagraph (A) (as so redesignated), in the third sentence— (I) by striking the rail carrier a vessel the covered provider of transportation (II) by striking When the animals (3) Responsibility of covered provider of transportation When the animals ; (iv) in the matter preceding paragraph (3) (as so designated), in the second sentence, by striking The owner (2) Responsibility of owner or person having custody The owner ; and (v) in the matter preceding paragraph (2) (as so designated), by striking Animals being (1) In general Animals being ; (C) in subsection (d)— (i) in the second sentence, by striking On learning (2) Civil action On learning ; and (ii) in the first sentence, by striking A rail carrier a vessel (1) In general A covered provider of transportation ; (D) by redesignating subsections (a) through (d) as subsections (b), (c), (g), and (f), respectively, and moving the subsections so as to appear in alphabetical order; (E) by inserting before subsection (b) (as so redesignated) the following: (a) Definitions In this section: (1) Covered industrial operator (A) In general The term covered industrial operator (B) Quantity of livestock or poultry in AFOs The quantity of livestock or poultry referred to in subparagraph (A) is 1 or more of the following quantities of livestock or poultry housed in 1 or more Animal Feeding Operations at a single point in time: (i) 2,500 swine. (ii) 30,000 turkeys or ducks. (iii) 82,000 laying hens or broilers. (2) Covered provider of transportation (A) In general The term covered provider of transportation (B) Individuals and entities described An individual or entity referred to in subparagraph (A) is— (i) a rail carrier, express carrier, or common carrier (except by air or water); (ii) a receiver, trustee, or lessee of a carrier described in clause (i); or (iii) an owner or master of a vessel. (3) Secretary The term Secretary ; and (F) by inserting after subsection (c) (as so redesignated) the following: (d) Transportation lasting more than 8 hours (1) In general In any case in which animals are transported by a covered provider of transportation on behalf of a covered industrial operator for a period lasting, or expected to last, more than 8 consecutive hours, the covered provider of transportation transporting the animals shall ensure that— (A) the means of transport provides adequate protection of the animals from high winds, rain, and snow; (B) any livestock or poultry are provided with appropriate bedding or equivalent material that— (i) prevents slipping; (ii) ensures a level of comfort appropriate to— (I) the species of the livestock or poultry; (II) the number of animals being transported; (III) the duration of the period of transportation; and (IV) the weather; and (iii) provides adequate absorption of urine and feces; (C) the animals are not overcrowded during transport, including by complying with the regulations promulgated under paragraph (2); (D) the means of transport is equipped with a water supply that ensures that each animal has access to water in a manner and quantity appropriate to the species and size of the animal; (E) watering devices on the means of transport are— (i) in good working order; (ii) appropriately designed; and (iii) positioned appropriately for the species of animal to be watered during transport; and (F) the animals are not transported when the temperature within the means of transport cannot be maintained between 40 degrees Fahrenheit and 86 degrees Fahrenheit. (2) Rulemaking (A) In general The Secretary shall promulgate regulations setting species-specific space allowances during periods of transportation lasting more than 8 hours. (B) Requirements The regulations promulgated under subparagraph (A) shall ensure that each species of animal has enough space— (i) to turn around; (ii) to lie down; and (iii) to fully extend the limbs of the animal. (e) Recordkeeping (1) In general Each covered industrial operator shall maintain records of all livestock transported by the covered industrial operator. (2) Production of records A covered industrial operator shall provide the records maintained under paragraph (1) to the Secretary on request. . (2) Effective date The amendments made by paragraph (1) take effect on the date that is 1 year after the date of enactment of this Act. (3) Rulemaking Not later than 1 year after the date of enactment of this Act, the Secretary shall promulgate final regulations to implement the amendments made by paragraph (1). (b) Modification of 28-Hour rule (1) In general Section 80502 of title 49, United States Code (as amended by subsection (a)), is amended— (A) in subsection (b)— (i) in paragraph (1)— (I) by striking (1) Except as provided (1) In general Except as otherwise provided ; and (II) by striking 28 8 (ii) by striking paragraph (2) and inserting the following: (2) Exceptions (A) In general Animals may be confined for more than 8 hours when the animals cannot be unloaded because of accidental or unavoidable causes that could not have been anticipated or avoided when being careful. (B) Sheep Sheep may be confined for an additional 8 consecutive hours without being unloaded when the 8-hour period of confinement described in paragraph (1) ends at night. ; and (iii) in paragraph (3), by striking (3) Time (3) Loading and unloading Time ; and (B) by striking subsection (g). (2) Effective date The amendments made by paragraph (1) take effect on the date that is 10 years after the date of enactment of this Act. 312. Higher-welfare transport research funding (a) Definitions In this section: (1) Eligible research institution The term eligible research institution (A) an 1862 Institution (as defined in section 2 of the Agricultural Research, Extension, and Education Reform Act of 1998 ( 7 U.S.C. 7601 (B) an 1890 Institution (as defined in that section); (C) a 1994 Institution (as defined in section 532 of the Equity in Educational Land-Grant Status Act of 1994 ( 7 U.S.C. 301 Public Law 103–382 (D) a non-land-grant college of agriculture (as defined in section 1404 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3103 (E) Hispanic-serving agricultural colleges and universities (as defined in that section); and (F) a center of excellence recognized under section 1673 of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 5926 (2) Higher-welfare transport The term higher-welfare transport (A) animal welfare is maintained throughout transport; and (B) animals are spared unnecessary distress or injury. (b) Grant program The Secretary shall establish a program to provide grants to eligible research institutions to study higher-welfare transport. (c) Applications To be eligible for a grant under this section, an eligible research institution shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (d) Requirements In carrying out the program established under subsection (b), the Secretary shall ensure that none of the grant funding may be used to perform any experiment that would not comply with current transport law. (e) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out this section $50,000,000 for each of fiscal years 2024 through 2026. B Nonambulatory livestock 321. Unlawful slaughter practices involving nonambulatory livestock (a) In general Public Law 85–765 (commonly known as the Humane Methods of Slaughter Act of 1958 7 U.S.C. 1902 3. Nonambulatory livestock (a) Definitions In this section: (1) Covered entity The term covered entity (A) a stockyard; (B) a market agency; (C) a packer (as defined in section 201 of the Packers and Stockyards Act, 1921 ( 7 U.S.C. 191 (D) a dealer (as defined in section 301 of the Packers and Stockyards Act, 1921 ( 7 U.S.C. 201 (E) a slaughter facility; and (F) an establishment. (2) Establishment The term establishment 21 U.S.C. 601 et seq. (3) Humanely euthanize The term humanely euthanize (4) Nonambulatory livestock The term nonambulatory livestock (5) Secretary The term Secretary (b) Humane treatment, handling, and disposition The Secretary shall promulgate regulations to provide for the humane treatment, handling, and disposition of all nonambulatory livestock by covered entities, including requirements for covered entities— (1) to immediately humanely euthanize nonambulatory livestock when the livestock becomes nonambulatory livestock, subject to subsection (c); and (2) (A) to have written policies and procedures in place, and proper equipment, relating to the humane handling, euthanization, and disposition of all nonambulatory livestock; (B) to maintain records of all nonambulatory livestock; and (C) to electronically submit those written policies and procedures and records to the Administrator of the Food Safety and Inspection Service. (c) Humane euthanasia (1) In general The Secretary shall promulgate regulations specifying— (A) the methods of euthanasia that shall be acceptable for the humane disposition of nonambulatory livestock required under the regulations promulgated under subsection (b); and (B) processes for ensuring effective enforcement of the use of those methods. (2) Disease testing The regulations promulgated under subsection (b) shall not limit the ability of the Secretary to test nonambulatory livestock for a disease. (d) Transacting or processing A covered entity shall not— (1) buy or sell a nonambulatory animal; or (2) process, butcher, or sell meat or products of nonambulatory livestock. (e) Records The Administrator of the Food Safety and Inspection Service shall maintain all documents submitted by covered entities pursuant to the regulations under subsection (b). . (b) Inspection of nonambulatory livestock; labeling Section 6 of the Federal Meat Inspection Act ( 21 U.S.C. 606 (c) Inspection of nonambulatory livestock; labeling (1) Definition of nonambulatory livestock In this subsection, the term nonambulatory livestock (2) Inspection It shall be unlawful for an inspector at an establishment subject to inspection under this Act to pass through inspection any nonambulatory livestock or carcass (including parts of a carcass) of nonambulatory livestock. (3) Labeling An inspector or other employee of an establishment described in paragraph (2) shall label, mark, stamp, or tag as inspected and condemned . (c) Effective date (1) In general Except as provided in paragraph (2), the amendments made by subsections (a) and (b) shall take effect on the date that is 1 year after the date of enactment of this Act. (2) Regulations Not later than 1 year after the date of enactment of this Act, the Secretary shall promulgate final regulations to implement the amendments made by subsections (a) and (b). 322. Unlawful use of drugs contributing to nonambulatory conditions The Animal Health Protection Act is amended by inserting after section 10409A ( 7 U.S.C. 8308a 10409B. Unlawful use of drugs on certain animals Any use of a beta-agonist drug, including ractopamine, zilpaterol, and lubabegron, in an animal in the absence of disease, including use for growth promotion or feed efficiency, is prohibited. . 323. Inclusion of poultry in Humane Methods of Slaughter Act (a) In general Public Law 85–765 (commonly known as the Humane Methods of Slaughter Act of 1958 7 U.S.C. 1901 et seq. and poultry livestock (b) Other conforming amendment Section 2(a) of Public Law 85–765 Humane Methods of Slaughter Act of 1958 7 U.S.C. 1902 and other livestock, other livestock, and poultry (c) Effective date The amendments made by subsections (a) and (b) shall take effect on the date that is 10 years after the date of enactment of this Act. C Inspections 331. Definitions In this subtitle: (1) Covered establishment The term covered establishment (A) an official establishment (as defined in section 301.2 of title 9, Code of Federal Regulations (or successor regulations)) that is subject to inspection under the Federal Meat Inspection Act ( 21 U.S.C. 601 et seq. (B) an official establishment (as defined in section 381.1 of title 9, Code of Federal Regulations (or successor regulations)) that is subject to inspection under the Poultry Products Inspection Act ( 21 U.S.C. 451 et seq. (2) Employee The term employee 29 U.S.C. 652 332. Ending dangerous higher-speed slaughter and self-inspection systems (a) Definition of covered program (1) In general The term covered program (A) allows covered establishments to operate at slaughter speeds that exceed existing limits required by regulations of the Department of Agriculture as of the date of enactment of this Act; (B) reduces the number of Federal inspectors in covered establishments; or (C) replaces Federal inspectors at covered establishments with employees of the covered establishments for purposes of inspection. (2) Inclusions The term covered program (A) the New Swine Slaughter Inspection System described in the final rule entitled Modernization of Swine Slaughter Inspection (B) the New Poultry Inspection System described in the final rule entitled Modernization of Poultry Slaughter Inspection (C) any waiver issued under an inspection system described in subparagraph (A) or (B). (b) Termination of covered programs The Secretary, acting through the Administrator of the Food Safety and Inspection Service, shall terminate or suspend implementation of or conversion to, as applicable, all covered programs. 333. Funding for additional OSHA inspectors There is authorized to be appropriated $60,000,000 for each of fiscal years 2024 through 2033 for the hiring of additional inspectors to carry out inspections under section 8 of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 657 334. Funding for additional FSIS inspectors (a) In general There is authorized to be appropriated to the Secretary $50,000,000 for each of fiscal years 2024 through 2033 to hire additional full-time equivalent positions within the Food Safety and Inspection Service relating to inspections conducted pursuant to, and the enforcement of, Public Law 85–765 Humane Methods of Slaughter Act of 1958 7 U.S.C. 1901 et seq. (b) Priority for hiring In carrying out subsection (a), priority shall be given to hiring personnel— (1) to inspect processing facilities (as described by the term eligible facility 21 U.S.C. 473 (2) in regions with the highest number of vacancies within the Food Safety and Inspection Service.

Industrial Agriculture Accountability Act of 2023

Investing in Tomorrow's Workforce Act of 2023 This bill directs the Department of Labor to award grants to eligible partnerships to support demonstration and pilot projects relating to the training needs of workers who are, or are likely to become, dislocated workers as a result of automation. Specifically, the bill expands training programs for such workers, including activities that prepare the individuals for occupations in the technology sector, authorizes the award of national dislocated worker grants to provide employment and training assistance to workers affected by advances in automation technology, and expands the funding authorization for national dislocated worker grants.

118 S2722 IS: Investing in Tomorrow's Workforce Act of 2023 U.S. Senate 2023-09-05 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 2722 IN THE SENATE OF THE UNITED STATES September 5, 2023 Mr. Durbin Mr. Warnock Ms. Cortez Masto Mrs. Feinstein Committee on Health, Education, Labor, and Pensions A BILL To address the needs of workers in industries likely to be impacted by rapidly evolving technologies. 1. Short title This Act may be cited as the Investing in Tomorrow's Workforce Act of 2023 2. Findings Congress makes the following findings: (1) A 2019 Government Accountability Office report found that while there are many Federal employment and training programs, their total funding levels remain at nearly $20,000,000,000, or less than 0.1 percent of the gross domestic product of the United States. (2) The number of workers receiving federally supported training has declined in the past 3 decades as advances in technology have simultaneously shifted labor market demand over time. (3) Job losses from automation are more likely to impact women, people of color, and workers making less than $40,000 annually. (4) The COVID–19 pandemic accelerated trends in automation, with 43 percent of businesses in the World Economic Forum’s Future of Jobs survey indicating they plan to reduce their workforce as a result of technology integration. (5) Strong Federal investment in expanding training services for workers whose jobs may be lost due to automation could prepare the United States workforce to better adapt to changes in the labor market and enter into skilled positions in technologically oriented occupations and industries. (6) A focus on preparing the workforce of the United States for jobs that utilize advanced technologies and require digital literacy could grow wages, increase economic productivity, and boost the competitiveness of the United States. (7) Studies show that the United States would need to invest $72,000,000,000 more annually just to reach the average investment in workforce policies of other industrial countries. For training alone, the United States would need to invest nearly $8,500,000,000 just to reach the average amount invested by member countries of the Organisation on Economic Co-operation and Development. 3. Definitions In this Act: (1) Automation The term automation (A) advanced technologies, such as— (i) data collection, classification processing, and analytics; and (ii) 3-D printing, digital design and simulation, and digital manufacturing; (B) robotics, including collaborative robotics, and worker augmentation technology; (C) autonomous vehicle technology; or (D) autonomous machinery technology. (2) Covered population The term covered population 29 U.S.C. 3102(24) (3) Digital literacy The term digital literacy 47 U.S.C. 1721 (4) Dislocated worker The term dislocated worker 29 U.S.C. 3102 (5) Eligible partnership The term eligible partnership means an industry or sector partnership, as defined in section 3 of the Workforce Innovation and Opportunity Act, except that— (A) for purposes of applying paragraph (26)(A)(iii) of that section, the term institution of higher education 20 U.S.C. 1001 (B) the partnership shall include, in addition to the representatives described in clauses (i) through (iii) of section 3(26)(A) of the Workforce Innovation and Opportunity Act, representatives of— (i) a State workforce development board or a local workforce development board; and (ii) an economic development organization. (6) In-demand industry sector or occupation The term in-demand industry sector or occupation 29 U.S.C. 3102 (7) Integrated education and training The term integrated education and training 29 U.S.C. 3272 (8) Local and State workforce development boards The terms local workforce development board State workforce development board local board State board 29 U.S.C. 3102 (9) Secretary The term Secretary (10) Training services The term training services 29 U.S.C. 3174(c)(3)(D) 4. Grants to improve training for workers impacted by automation (a) Grants authorized (1) In general From the amounts appropriated under subsection (g) and beginning in fiscal year 2024, the Secretary shall award grants, on a competitive basis, to eligible partnerships to support demonstration and pilot projects relating to the training needs of workers who are, or are likely to become, dislocated workers as a result of automation. (2) Duration A grant awarded under this section shall be for a period not to exceed 4 years. (b) Applications (1) In general To be eligible to receive a grant under this section, an eligible partnership shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary shall reasonably require. (2) Contents Each application submitted under paragraph (1) shall include a description of the demonstration or pilot project to be completed with the grant funds, which description shall include— (A) a description of the members of the eligible partnership who will be involved in the demonstration or pilot project and the services each member will provide; (B) a description of the training services that will be available to individuals participating in the demonstration or pilot project, which may include— (i) a plan to train dislocated workers from industries likely to be impacted by automation and transition the workers into regionally in-demand industry sectors or occupations; and (ii) a plan to partner with local businesses to retrain, upskill, and re-deploy workers within an industry as an alternative to layoffs; (C) a plan to provide workers with technology-based skills training, which may include training to provide skills related to coding, systems engineering, or information technology security, in addition to other skills; (D) a description of the goals that the eligible partnership intends to achieve to upskill workers and prepare them for in-demand industry sectors or occupations; and (E) a description of how and which covered populations within the area will be supported through this grant, including a plan for stakeholder engagement. (c) Priorities In awarding grants under this section, the Secretary shall— (1) first give priority to eligible partnerships that are located in areas with a high percentage of individuals from covered populations; and (2) to the extent amounts remain available for additional grants after carrying out paragraph (1), give priority to— (A) eligible partnerships that are located in an area with a high concentration of— (i) industries with a higher likelihood of being impacted by automation; or (ii) industries included in in-demand industry sectors, as determined under subparagraphs (A)(i) and (B) of section 3(23) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102(23) (B) eligible partnerships— (i) with a plan to provide incumbent worker training— (I) to assist workers in obtaining the skills necessary to retain employment or avert layoffs; or (II) that allows a worker working for an employer to acquire new skills that allow the worker to obtain a higher-skilled or higher-paid position with such employer; and (ii) that partner with local employers that intend to backfill the pre-training positions of the incumbent workers by hiring new workers to fill those positions; (C) eligible partnerships that will provide workers with a transportation stipend, paid sick leave, paid family and medical leave, access to child care services, or other employment benefits; or (D) eligible partnerships with a plan to develop a shared training curriculum that can be used across local and regional networks of employers and training providers. (d) Use of funds An eligible partnership that receives a grant under this section shall use the grant funds for 1 or more of the following: (1) Providing training services under the demonstration or pilot project, which may include training services that prepare workers for in-demand industry sectors or occupations. (2) Providing assistance for employers in developing a staff position for an individual who will be responsible for supporting training services provided under the grant. (3) Purchasing equipment or technology necessary for training services provided under paragraph (1). (4) Providing job search and other transitional assistance to workers in industries with high rates of job loss. (5) Providing a training stipend to workers for training services. (6) Providing integrated education and training. (e) Report (1) In general Not later than 1 year after an eligible partnership’s completion of a demonstration or pilot project supported under this section, the eligible partnership shall prepare and submit to the Secretary a report regarding— (A) the number of workers who received training services through the demonstration or pilot project; (B) the number of such workers who successfully transitioned into a new position following completion of the training services; (C) the number of individuals who successfully transitioned into an in-demand industry sector or occupation following completion of the training services; (D) annual earnings data for individuals who have completed training services through the demonstration or pilot project; (E) the percentage of individuals described in subparagraph (D) who are in education or training activities, or in employment, during the second quarter after exit from the training services; (F) the percentage of individuals described in subparagraph (D) who are in education or training activities, or in employment, during the fourth quarter after exit from the training services; and (G) any practices used by the partnership that should be considered best practices with respect to training workers in industries that have, or are expected to have, high rates of job loss as a result of automation. (2) Disaggregation Each eligible partnership shall provide the information required under subparagraphs (A) through (F) of paragraph (1) in the aggregate and disaggregated by type of training service and by age, gender, and race of the workers. (f) General requirements An eligible partnership that receives a grant under this section shall use the grant funds in a manner that is consistent with the labor standards and protections described in section 181 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3241 29 U.S.C. 3248 (g) Authorization of appropriations There are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal years 2024 through 2028. 5. Expansion of worker training services (a) Adult and dislocated worker employment and training Section 134(d)(1)(A) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3174(d)(1)(A) (1) in clause (xi), by striking and (2) in clause (xii), by striking the period and inserting ; and (3) by adding at the end the following: (xiii) training programs for individuals who are, or are likely to become, dislocated workers as a result of automation, including activities that prepare the individuals for occupations in the technology sector. . (b) National dislocated worker grants Section 170 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3225 (1) in subsection (b)(1)(A), by inserting advances in automation technology, plant closures, (2) by adding at the end the following: Authorization of appropriations In addition to any funds reserved under section 132(a)(2)(A) to carry out this section, there are authorized to be appropriated to carry out this section $40,000,000 for each of fiscal years 2024 through 2028. .

Investing in Tomorrow's Workforce Act of 2023

Educators Expense Deduction Modernization Act of 2023 This bill increases from $300 to $1,000 the tax deduction for the expenses of eligible educators. An eligible educator is, with respect to any taxable year, an individual who is a K-12 teacher, instructor, counselor, principal, or aide in a school for at least 900 hours during a school year. The bill also requires the amount of the deduction to be adjusted annually for inflation.

118 S2731 IS: Educators Expense Deduction Modernization Act of 2023 U.S. Senate 2023-09-06 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 2731 IN THE SENATE OF THE UNITED STATES September 6, 2023 Mr. Brown Mr. Casey Ms. Smith Ms. Klobuchar Mr. Van Hollen Mr. Murphy Mrs. Shaheen Mr. Padilla Mr. Menendez Mr. King Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to increase the deduction for certain expenses of elementary and secondary school teachers. 1. Short title This Act may be cited as the Educators Expense Deduction Modernization Act of 2023 2. Increase in deduction for certain expenses of elementary and secondary school teachers (a) In general Section 62(a)(2)(D) (1) by striking elementary and secondary school teachers eligible educators (2) by striking $250 $1,000 (b) Conforming amendments Section 62(d)(3) (1) by striking 2015 2023 (2) by striking $250 $1,000 (3) by striking calendar year 2014 calendar year 2022 (c) Effective date The amendments made by this section shall apply with respect to taxable years beginning December 31, 2022.

Educators Expense Deduction Modernization Act of 2023

Defending Hunters' Education Act of 2023 This bill authorizes the use of federal elementary and secondary education funds to purchase or use dangerous weapons for purposes of providing students with educational enrichment activities and instruction, such as archery, hunter safety education, or culinary arts. Current law prohibits the use of these funds to provide any person with a dangerous weapon or training in the use of a dangerous weapon. The bill specifies that this prohibition shall not apply to the use of these funds for permissible program activities that provide students with educational enrichment activities and instruction, such as archery, hunter safety education, or culinary arts.

118 S2735 IS: Defending Hunters' Education Act of 2023 U.S. Senate 2023-09-06 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 2735 IN THE SENATE OF THE UNITED STATES September 6, 2023 Mr. Tester Committee on Health, Education, Labor, and Pensions A BILL To clarify that section 8526(7) of the Elementary and Secondary Education Act of 1965 does not apply with respect to the use of funds for activities carried out under programs authorized by the Elementary and Secondary Education Act of 1965 that are otherwise permissible under such programs and that provide students with educational enrichment activities and instruction, such as archery, hunter safety education, or culinary arts. 1. Short title This Act may be cited as the Defending Hunters' Education Act of 2023 2. Exception Section 8526(7) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7906(7) , except that this paragraph shall not apply to the use of funds under this Act for activities carried out under programs authorized by this Act that are otherwise permissible under such programs and that provide students with educational enrichment activities and instruction, such as archery, hunter safety education, or culinary arts

Defending Hunters' Education Act of 2023

Rural Broadband Protection Act of 2023 This bill requires the Federal Communications Commission (FCC) to establish a process to vet applicants for certain funding that supports affordable broadband deployment in high-cost areas, including rural communities. Specifically, the process applies to applicants seeking funding under the high-cost universal service programs that provide competitive awards for broadband deployment. As part of the process, the FCC must require applicants to provide a proposal for deploying the broadband network. The proposal must contain enough detail and documentation for the FCC to ascertain whether the applicant has the technical capabilities to deploy the proposed network and deliver services. The FCC must evaluate proposals against reasonable and well-established technical standards.

118 S275 IS: Rural Broadband Protection Act of 2023 U.S. Senate 2023-02-07 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 275 IN THE SENATE OF THE UNITED STATES February 7, 2023 Mrs. Capito Ms. Klobuchar Committee on Commerce, Science, and Transportation A BILL To require the Federal Communications Commission to establish a vetting process for prospective applicants for high-cost universal service program funding. 1. Short title This Act may be cited as the Rural Broadband Protection Act of 2023 2. Vetting process for prospective high-cost universal service fund applicants (a) Definitions In this section— (1) the term Commission (2) the term covered funding (3) the term new covered funding award (b) FCC rulemaking Not later than 180 days after the date of enactment of this Act, the Commission shall initiate a rulemaking proceeding to establish a vetting process for applicants for, and other recipients of, a new covered funding award. (c) Contents In promulgating rules under subsection (b), the Commission shall provide that— (1) an applicant for a new covered funding award shall include in the initial application a proposal containing sufficient detail and documentation for the Commission to ascertain that the applicant possesses the technical capability, and has a reasonable plan, to deploy the proposed network and deliver services with the relevant performance characteristics defined by the Commission and as pledged by the applicant; (2) the proposal described in paragraph (1) shall include sufficient detail and supporting documentation for the Commission to reasonably ascertain whether the applicant and the technology that the applicant plans to use would have the ability to perform as required given the characteristics of the locations to be served; and (3) the Commission shall evaluate a proposal described in paragraph (1) against reasonable and well-established technical standards, including the technical standards adopted by the Commission in orders of the Commission relating to modernizing the FCC Form 477 Data Program (WC Docket No. 11–10) (or orders of the Commission relating to modernizing any successor collection) for purposes of entities that must report broadband availability coverage.

Rural Broadband Protection Act of 2023

Pala Band of Mission Indians Land Transfer Act of 2023 This bill directs the Department of the Interior to take approximately 721.12 acres of land in San Diego County, California, into trust for the benefit of the Pala Band of Mission Indians, if the tribe transfers title to that land to the United States. The land is made part of the Pala Indian Reservation. The bill generally prohibits gaming on any of the land taken into trust.

118 S277 IS: Pala Band of Mission Indians Land Transfer Act of 2023 U.S. Senate 2023-02-07 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 277 IN THE SENATE OF THE UNITED STATES February 7, 2023 Mr. Padilla Committee on Indian Affairs A BILL To take certain land located in San Diego County, California, into trust for the benefit of the Pala Band of Mission Indians, and for other purposes. 1. Short title This Act may be cited as the Pala Band of Mission Indians Land Transfer Act of 2023 2. Transfer of land into trust for the Pala Band of Mission Indians (a) Definitions In this section: (1) Secretary The term Secretary (2) Tribe The term Tribe (b) Transfer and administration (1) Transfer of land into trust If, not later than 180 days after the date of enactment of this Act, the Tribe transfers title to the land referred to in subsection (c) to the United States, the Secretary, not later than 180 days after the date of that transfer, shall take that land into trust for the benefit of the Tribe. (2) Administration The land taken into trust under paragraph (1) shall be part of the Pala Indian Reservation and administered in accordance with the laws and regulations generally applicable to land held in trust by the United States for an Indian Tribe. (c) Land description The land referred to in subsection (b)(1) is the approximately 721.12 acres of land located in San Diego County, California, generally depicted as Gregory Canyon Property Boundary Pala Gregory Canyon Property Boundary and Parcels (d) Rules of construction Nothing in this section— (1) enlarges, impairs, or otherwise affects any right or claim of the Tribe to any land or interest in land that is in existence before the date of enactment of this Act; (2) affects any water right of the Tribe in existence before the date of enactment of this Act; or (3) terminates or limits any access in any way to any right-of-way or right-of-use issued, granted, or permitted before the date of enactment of this Act. (e) Restricted use of transferred lands The Tribe may not conduct, on the land taken into trust under subsection (b)(1), gaming activities— (1) as a matter of claimed inherent authority; or (2) under any Federal law, including the Indian Gaming Regulatory Act ( 25 U.S.C. 2701 et seq.

Pala Band of Mission Indians Land Transfer Act of 2023

Child Care Stabilization Act This bill provides additional funding through FY2028 for child care stabilization grants under which lead state agencies make subgrants to child care providers for personnel costs, facility costs, the purchase of personal protective equipment, and other costs related to providing child care services.

118 S2777 IS: Child Care Stabilization Act U.S. Senate 2023-09-14 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 2777 IN THE SENATE OF THE UNITED STATES September 13, 2023 Mrs. Murray Mr. Sanders Mr. Kaine Ms. Hirono Mr. Whitehouse Mr. Murphy Mr. Van Hollen Mr. Wyden Ms. Warren Mr. Fetterman Ms. Smith Mr. Reed Ms. Baldwin Mrs. Gillibrand Ms. Klobuchar Mr. Welch Mr. Blumenthal Mr. Menendez Mr. Markey Mr. Booker Ms. Duckworth Mr. Cardin Mr. Casey Mr. Merkley Mr. Padilla Mr. King Mr. Heinrich Mr. Luján Mrs. Shaheen Mr. Schumer Ms. Stabenow Mr. Brown Ms. Cortez Masto Mr. Warnock Mr. Durbin Committee on Health, Education, Labor, and Pensions A BILL To increase child care options for working families and support child care providers. 1. Short title This Act may be cited as the Child Care Stabilization Act 2. Child care stabilization grants (a) Purposes The purposes of this section are to make child care services more accessible for families and to support the stability and quality of child care providers by— (1) promoting the stability of the child care sector by providing a source of stable funding to eligible child care providers to help offset their operating expenses; (2) supporting sustained and increased wages for early childhood educators or other staff of eligible child care providers, in order to stabilize and grow the child care workforce without increasing costs for families; (3) expanding the supply and capacity of eligible child care providers to ensure working families have a range of high-quality, affordable child care options, in a variety of settings, that meet their unique needs; and (4) supporting access to child care services for communities facing a particular shortage of child care options, including child care services for infants and toddlers, child care services during nontraditional or extended hours, child care services in rural communities, and inclusive child care services for children with disabilities. (b) Appropriation In addition to amounts otherwise available, there is appropriated to the Secretary of Health and Human Services, out of any money in the Treasury not otherwise appropriated to carry out the child care stabilization program established in section 2202 (other than subsection (d)(2)(E) of that section) of the American Rescue Plan Act of 2021 ( 42 U.S.C. 9858 (c) Administration and technical assistance The Secretary of Health and Human Services may reserve not more than 1 percent of the funding appropriated under subsection (b) for the costs of providing technical assistance, and for the administrative costs, to carry out that section 2202.

Child Care Stabilization Act

Expanded Food Safety Investigation Act of 2023 This bill provides that the Food and Drug Administration (FDA) may, under specified circumstances, request access to a concentrated animal-feeding operation (i.e., a stabled or confined animal-feeding operation) to conduct microbial sampling. Specifically, the bill allows the FDA to request access if the FDA determines that sampling is necessary to facilitate an investigation of a foodborne-illness outbreak, determine the cause of the outbreak, or address other public health needs. The bill provides that such an operation shall be subject to penalties for refusing such a sampling.

118 S2782 IS: Expanded Food Safety Investigation Act of 2023 U.S. Senate 2023-09-13 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 2782 IN THE SENATE OF THE UNITED STATES September 13, 2023 Mr. Booker Mr. Blumenthal Committee on Health, Education, Labor, and Pensions A BILL To provide the Food and Drug Administration with authority to conduct microbial sampling on concentrated animal feeding operations as necessary to facilitate a foodborne illness outbreak investigation, determine the root cause of an outbreak of foodborne illness, or address other public health needs. 1. Short title This Act may be cited as the Expanded Food Safety Investigation Act of 2023 2. Microbial sampling on concentrated animal feeding operations (a) In general Chapter IV of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 341 et seq. 425. Microbial sampling on concentrated animal feeding operations (a) In general The Secretary may request access to a concentrated animal feeding operation in order to conduct microbial sampling, if the Secretary determines that such microbial sampling is necessary in order to facilitate a foodborne illness outbreak investigation, determine the root cause of an outbreak of foodborne illness, or address other public health needs. (b) Granting of reasonable access A concentrated animal feeding operation that receives a request for access under subsection (a) shall provide reasonable access to the Secretary to conduct such microbial sampling, including sampling of plants, animals, water, and the environment, as the Secretary determines appropriate to address the public health need. Such operation may place reasonable conditions on access to the operation, including by specifying a time, place, and manner for sampling, provided that any such conditions do not prevent the Secretary from conducting appropriate sampling within a reasonable period of time. (c) Authority over foods regulated by the Secretary of Agriculture Nothing in this section shall be construed to impose additional requirements by the Secretary, beyond microbial sampling, with respect to food that is within the jurisdiction of the Secretary of Agriculture pursuant to the Federal Meat Inspection Act, the Poultry Products Inspection Act, or the Egg Products Inspection Act. (d) Coordination with other public health agencies The Secretary shall ensure that data collected under this section are made available to the Secretary of Agriculture and relevant State and Federal public health agencies in order to facilitate work in detecting, investigating, or preventing foodborne illness. Nothing in this section shall be construed to limit the rights and exemptions otherwise available under section 552 of title 5, United States Code. (e) Definition In this section, the term concentrated animal feeding operation . (b) Enforcement Section 301 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 331 (jjj) The refusal to provide reasonable access for microbial sampling in accordance with section 425. .

Expanded Food Safety Investigation Act of 2023

Social Security Check Tax Cut Act This bill provides for a reduction in 2024 and 2025 of the inclusion in gross income of social security and railroad retirement benefits.

118 S2800 IS: Social Security Check Tax Cut Act U.S. Senate 2023-09-14 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 2800 IN THE SENATE OF THE UNITED STATES September 14, 2023 Mr. Ricketts Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to provide for a temporary reduction of the inclusion in gross income for old-age and survivors insurance benefit payments under the Social Security Act, as well as tier 1 railroad retirement benefits. 1. Short title This Act may be cited as the Social Security Check Tax Cut Act 2. Temporary reduction of inclusion in gross income for old-age and survivors insurance benefit payments (a) In general Section 86 (g) Special rules for taxable years 2024 and 2025 (1) In general In the case of a taxable year beginning after December 31, 2023, and before January 1, 2026, this section shall be applied as provided in paragraphs (2) and (3). (2) Separate application for retirement and disability benefits Subsection (a) shall be applied separately with respect to— (A) any social security benefits received by the taxpayer by reason of entitlement to— (i) a monthly benefit under section 202 of the Social Security Act ( 42 U.S.C. 402 (ii) a tier 1 railroad retirement benefit, and (B) any social security benefits received by the taxpayer by reason of entitlement to a monthly benefit under section 223 of the Social Security Act ( 42 U.S.C. 423 (3) Reduction of inclusion in gross income for old-age and survivors insurance benefit payments For purposes of any social security benefits which are described in paragraph (2)(A), in lieu of the amount determined under subsection (a) (after the application of paragraph (2)) with respect to such benefits, the amount of such benefits which are included in the gross income of the taxpayer under this section shall be equal to— (A) the amount otherwise determined under subsection (a) (after the application of paragraph (2)) with respect to such benefits, minus (B) an amount equal to— (i) in the case of a taxable year beginning after December 31, 2023, and before January 1, 2025, 10 percent of the amount determined under subparagraph (A), and (ii) In the case of a taxable year beginning after December 31, 2024, and before January 1, 2026, 20 percent of the amount determined under subparagraph (A). . (b) Protection of trust funds There are hereby appropriated to the Federal Old-Age and Survivors Trust Fund and the Federal Disability Insurance Trust Fund established under section 201 of the Social Security Act ( 42 U.S.C. 401 42 U.S.C. 1395i(a) (c) Effective date The amendment made by subsection (a) shall apply to taxable years beginning after December 31, 2023.

Social Security Check Tax Cut Act

Wounded Warrior Access Act of 2023 This bill requires the Department of Veterans Affairs (VA) to establish and maintain a secure online tool or website to enable a claimant or their representative to make records requests related to VA claims and benefits. Requests for records must specify in which format the copy is desired. The VA must notify a requester within 10 days that their request has been received and must fulfill the request within 120 days. The bill also requires the VA to ensure that each time a claimant logs in to a website or online tool of the VA, the website or online tool displays in plain language (1) a warning regarding violations of laws related to agents and attorneys, (2) a link to an online tool to report violations, (3) a link to an online tool to search for a VA-recognized agent or attorney, and (4) a link to a website or online tool providing final decisions on discipline of agents and attorneys for violations.

118 S2803 IS: Wounded Warrior Access Act of 2023 U.S. Senate 2023-09-14 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 2803 IN THE SENATE OF THE UNITED STATES September 14, 2023 Mr. Padilla Mr. Braun Committee on Veterans' Affairs A BILL To amend title 38, United States Code, to allow for the electronic request of certain records, and for other purposes. 1. Short title This Act may be cited as the Wounded Warrior Access Act of 2023 2. Electronic request of certain records maintained by the Secretary of Veterans Affairs (a) Electronic record requests Section 5702 of title 38, United States Code, is amended— (1) by redesignating subsection (b) as subsection (c); and (2) by inserting after subsection (a) the following: (b) (1) The Secretary shall establish and maintain a secure website or online tool for a claimant or a duly recognized agent or representative of that claimant to submit an electronic request for such records. (2) The Secretary, upon receipt of a valid request made through the website or online tool established under paragraph (1), shall provide to the requestor— (A) not later than 10 days after receipt, confirmation of such receipt; and (B) not later than 120 days after receipt, such records requested in the form selected by the requestor. . (b) Conforming amendments Section 5702(a) of title 38, United States Code, is amended— (1) in the matter preceding paragraph (1), in the first sentence, by striking in writing in writing, including an electronic request submitted through the website or online tool established under subsection (b), (2) in paragraph (1), by striking and (3) in paragraph (2), by striking the period at the end and inserting ; and (4) by adding at the end the following: (3) the format in which such copy is desired, including whether in printed form or by downloadable file. . (c) Deadline; establishment of website or online tool Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall establish the website or online tool required under section 5702(b)(1) of title 38, United States Code, as added by this Act, and, to the extent practicable, the Secretary shall utilize existing online resources of the Department of Veterans Affairs for the purposes of such establishment. 3. Warnings to claimants under laws administered by the Secretary of Veterans Affairs regarding unrecognized representatives (a) In general Section 5901 of title 38, United States Code, is amended— (1) by inserting (a) In general.— Except (2) by adding at the end the following new subsection: (b) Warnings about potential predatory practices (1) The Secretary shall ensure that, each time a claimant under a law administered by the Secretary logs in to a website or online tool of the Department, such website or online tool issues to the claimant, in plain language— (A) a warning about individuals who seek to act in violation of this chapter; (B) a link to an online tool of the Department through which the claimant may report such an individual; (C) a link to an online tool of the Department through which the claimant may search for a recognized agent, attorney, or other entity recognized by the Secretary for the preparation, presentation, or prosecution of any claim under laws administered by the Secretary; and (D) a link to a website or an online tool of the Department providing final decisions on discipline of agents, attorneys, and entities, described in subparagraph (C), by the Secretary for violations of this chapter. (2) The Secretary shall provide all information under paragraph (1) in the following languages: (A) English. (B) Spanish. (C) Tagalog. (D) The seven other languages most commonly spoken in the United States. . (b) Implementation The Secretary of Veterans Affairs shall carry out subsection (b) of such section, as added by subsection (a) of this section— (1) after consulting with stakeholders (including veterans service organizations recognized under section 5902 of such title) regarding the wording of the warning under such subsection; and (2) not later than one year after the date of the enactment of this Act. 4. No additional funds authorized No additional funds are authorized to be appropriated to carry out the requirements of this Act.

Wounded Warrior Access Act of 2023

Prosecutors Need to Prosecute Act of 2023 This bill requires certain state and local prosecutors to report data on criminal referrals and outcomes of cases involving murder or non-negligent manslaughter, forcible rape, robbery, aggravated assault, burglary, larceny, motor vehicle theft, arson, or any offense involving the illegal use or possession of a firearm. The reporting requirement applies to state and local prosecutors in a jurisdiction that has 360,000 or more persons and receives funding under the Edward Byrne Memorial Justice Assistance Grant (JAG) program. The report must contain data on cases referred for prosecution, cases the prosecutor declined to prosecute or refer for diversion, cases for which the prosecutor declined to reach a plea agreement, cases that resulted in a plea agreement or referral for diversion, and offenses the prosecutor dids not prosecute due to an internal policy. If a state or local prosecutor complies with these requirements, the bill requires (1) the Department of Justice to give priority in disbursing Byrne JAG program funds to the local government served by the prosecutor, and (2) the local government to ensure that the prosecutor receives a portion of the funds. Additionally, the bill prohibits states and local governments from receiving funds under the Byrne JAG program if they have in effect a policy that prohibits the use of cash bail for a defendant in a case involving the illegal use or illegal possession of a firearm.

118 S281 IS: Prosecutors Need to Prosecute Act of 2023 U.S. Senate 2023-02-07 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 281 IN THE SENATE OF THE UNITED STATES February 7, 2023 Mr. Kennedy Mr. Cruz Mr. Thune Mrs. Blackburn Committee on the Judiciary A BILL To amend the Omnibus Crime Control and Safe Streets Act of 1968 to direct certain prosecutor's offices to annually report to the Attorney General, and for other purposes. 1. Short title This Act may be cited as the Prosecutors Need to Prosecute Act of 2023 2. District attorney and prosecutor reports Section 501 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10151 (1) by redesignating subsections (g) and (h) as subsections (h) and (i), respectively; and (2) by inserting after subsection (f) the following: (f) District attorney reporting requirements (1) Definitions In this subsection: (A) Covered offense The term covered offense (i) Murder or non-negligent manslaughter. (ii) Forcible rape. (iii) Robbery. (iv) Aggravated assault. (v) Burglary. (vi) Larceny. (vii) Motor vehicle theft. (viii) Arson. (ix) Any offense involving the illegal use of a firearm. (x) Any offense involving the illegal possession of a firearm. (B) Covered prosecutor The term covered prosecutor (i) the population of the jurisdiction of which is not less than 360,000 individuals; and (ii) that receives funds under this part. (2) Reporting requirement Not later than 1 year after the date of enactment of the Prosecutors Need to Prosecute Act of 2023 (A) The total number of cases referred to the covered prosecutor for prosecution of a covered offense. (B) The number of cases involving a covered offense— (i) that the covered prosecutor declined to prosecute or refer for diversion; or (ii) for which the covered prosecutor declines to reach a plea agreement. (C) For cases involving a covered offense that result in a plea agreement or referral for diversion reached with the defendant, the number of cases for which the defendant— (i) was previously arrested for a covered offense arising out of a separate conviction; (ii) was previously convicted for a covered offense arising out of a separate conviction; (iii) with an open case involving a covered offense arising out of separate conviction; (iv) serving a term of probation for a conviction for a covered offense arising out of separate conduct; and (v) was released on parole for a conviction for a covered offense arising out of separate conduct. (D) The number of covered offenses that the covered prosecutor does not prosecute as a result of an internal policy against prosecuting specific criminal offenses including— (i) each covered offense captured in the internal policy; and (ii) each criminal offense that is not captured in the internal policy. (3) Compliance With respect to a covered prosecutor that complies with the requirement under paragraph (2)— (A) the Attorney General shall give priority in disbursing funds under this part to the local government served by the covered prosecutor; and (B) the local government described in subparagraph (A) shall ensure that the covered prosecutor receives a portion of the funds received under this part. (4) Uniform standards The Attorney General shall establish uniform standards for the reporting of the information required under this subsection, including the form such reports shall take and the process by which such reports shall be shared with the Attorney General. (5) Submission to judiciary committees The Attorney General shall— (A) submit the information received under this subsection to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives; and (B) publish such information on a publicly viewable website. . 3. Byrne-JAG funds and elimination of cash bail The Attorney General shall not distribute amounts under subpart I of part E of title 1 of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10151 et seq.

Prosecutors Need to Prosecute Act of 2023

Tribal Connect Act of 2023 This bill expands tribal access to the Schools and Libraries Universal Service Support (E-rate) program, which provides discounted broadband internet access and telecommunications services to certain schools and libraries. It also establishes a pilot program to provide broadband internet access service to essential community-serving institutions (e.g., community centers) located on tribal land.

118 S2810 IS: Tribal Connect Act of 2023 U.S. Senate 2023-09-14 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 2810 IN THE SENATE OF THE UNITED STATES September 14, 2023 Mr. Heinrich Mr. Hoeven Mr. Luján Mr. Mullin Committee on Indian Affairs A BILL To amend the Communications Act of 1934 to improve access by Indian Tribes to support from universal service programs of the Federal Communications Commission, and for other purposes. 1. Short title This Act may be cited as the Tribal Connect Act of 2023 2. Tribal essential community-serving institutions and universal service support Section 254 of the Communications Act of 1934 ( 47 U.S.C. 254 (1) in subsection (h)(4), by inserting , except as provided in subsection (m)(2)(C), is a library or library consortium (2) by adding at the end the following: (m) Tribal essential community-Serving institutions and universal service support (1) Definitions In this subsection— (A) the term broadband internet access service (B) the term E-rate program (C) the term essential community-serving institution (i) a Tribal government building, chapter house, longhouse, community center, senior center, or after-school facility; or (ii) any other public building similar to a building described in clause (i); (D) the term High-Cost Program (E) the term Indian Tribe 25 U.S.C. 5304 (2) Tribal essential community-serving institution pilot program (A) In general Not later than 180 days after the date of enactment of the Tribal Connect Act of 2023 Tribal Essential Community-Serving Institution Program (i) under which the Commission shall— (I) provide an opportunity for Indian Tribes to request broadband internet access service at essential community-serving institutions located on Tribal land; and (II) authorize support for the development of infrastructure to provide the services requested under subclause (I) in a manner similar to the deployment supported under the High-Cost Program; and (ii) which shall remain in effect through the end of fiscal year 2027. (B) Eligibility Universal service support obtained under this paragraph shall only be available if the applicable essential community-serving institution intends to deliver publicly available broadband internet access service and telecommunications services to students, teachers, librarians, and members of the community. (C) Eligibility for support after the pilot program An essential community-serving institution that receives universal service support under this paragraph shall, after the conclusion of the pilot program described in subparagraph (A), be eligible for universal service support through existing (as of the date on which that pilot program concludes) and future universal service fund programs. (D) Use of contributions Of amounts collected under subsection (d), not more than $300,000,000 shall be made available to carry out the pilot program described in subparagraph (A). (3) Training and technical assistance for Indian Tribes and essential community-serving institutions (A) Technical assistance; annual reports (i) In general The Commission shall— (I) direct the administrator of the universal service support programs under this section to— (aa) provide technical assistance to ensure that Indian Tribes can participate fully and effectively in the universal service programs, including the E-rate program, including by conducting— (AA) outreach efforts targeted to Tribal schools and libraries, essential community-serving institutions, and Indian Tribes that do not have schools and libraries to promote awareness of the E-rate program and the pilot program described in paragraph (2)(A); and (BB) specific training programs for Tribal schools and libraries, essential community-serving institutions, and Indian Tribes; and (bb) submit to the Commission an annual report regarding the provision of the technical assistance required under item (aa) during the year covered by the report; and (II) submit each annual report received under subclause (I)(bb) to— (aa) the Committee on Commerce, Science, and Transportation of the Senate; (bb) the Committee on Indian Affairs of the Senate; (cc) the Committee on Energy and Commerce of the House of Representatives; and (dd) the Committee on Natural Resources of the House of Representatives. (ii) Authorization of appropriations There are authorized to be appropriated $25,000,000 to provide the technical assistance required under clause (i)(I)(aa) for fiscal years 2024 through 2027. (B) Review of annual reports The Commission shall— (i) review each annual report received under subparagraph (A)(i)(I)(bb) to determine whether additional steps are necessary to ensure that Indian Tribes can participate fully and effectively in the universal service programs, including the E-rate program, so that all students who are members of Indian Tribes can have access to robust, high-speed broadband internet access service connections; and (ii) in conducting a review required under clause (i), consider the resources available to Tribal members through the entity responsible for administering the universal service programs established under this section. (C) Grants (i) In general The Institute of Museum and Library Services shall make direct grants to essential community-serving institutions, including Tribal libraries and schools, and Indian Tribes for technical assistance initiatives regarding the application process for the E-rate program and the pilot program established under paragraph (2)(A). (ii) Coordination The Institute of Museum and Library Services shall coordinate with the Commission and the entity responsible for administering the universal service programs established under this section to— (I) promote public awareness of the grants described in clause (i); and (II) adjudicate application decisions relating to the grants described in clause (i). (iii) Authorization of appropriations There are authorized to be appropriated $25,000,000 to make the grants described in clause (i). (4) Coordination and performance measurement The Commission shall— (A) improve the reliability of the data of the Commission relating to institutions that receive universal service support by defining the term Tribal (B) develop performance goals and measures to track progress on achieving the strategic objective of the Commission of ensuring that all Indian Tribes have affordable access to broadband internet access service for educational purposes for students, teachers, librarians, and members of the community; (C) in coordination with the Institute of Museum and Library Services, identify, in the United States, all— (i) Tribal libraries; (ii) developing Tribal libraries; and (iii) Indian Tribes without adequate library services; and (D) not later than 2 years after the date of enactment of the Tribal Connect Act of 2023 .

Tribal Connect Act of 2023

Hispanic Educational Resources and Empowerment Act of 2023 This bill directs the Department of Education to (1) award grants to Hispanic-serving institutions of higher education (IHEs) to improve and expand innovative collaboration agreements between local educational agencies and IHEs to better serve Hispanic and Latino students, (2) provide technical assistance to such IHEs, and (3) contract with a third party to conduct an independent evaluation of grant activities. Such grants must be used for specific activities, such as improving school-based and institutional practices to prepare students for postsecondary education and addressing nonacademic needs of students that are barriers to college enrollment.

118 S2813 IS: Hispanic Educational Resources and Empowerment Act of 2023 U.S. Senate 2023-09-14 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 2813 IN THE SENATE OF THE UNITED STATES September 14, 2023 Mr. Padilla Mr. Blumenthal Ms. Cortez Masto Mr. Durbin Mrs. Feinstein Mr. Heinrich Mr. Menendez Mr. Murphy Ms. Warren Committee on Health, Education, Labor, and Pensions A BILL To promote and support collaboration between Hispanic-serving institutions and local educational agencies with high enrollments of Hispanic or Latino students, and for other purposes. 1. Short title This Act may be cited as the Hispanic Educational Resources and Empowerment Act of 2023 2. Findings Congress finds the following: (1) Hispanics and Latinos are the largest, youngest, and second-fastest growing minority population in the United States, accounting for half of the Nation’s population growth between 2010 and 2020. (2) While Hispanics and Latinos compose 18 percent of the population of the United States, they compose 26 percent of the prekindergarten through grade 12 public school student enrollment in the United States. (3) Over 3,300 local educational agencies have 25 percent or more Hispanic and Latino enrollment and those local educational agencies enroll 78 percent of all prekindergarten through grade 12 Hispanic and Latino students in the United States. (4) Hispanic and Latino students face disparities in educational outcomes, including lower grades, lower scores on standardized tests, and higher dropout rates. (5) Hispanic and Latino students tend to face greater barriers once in college than their non-Hispanic and Latino peers. Seventy percent of Hispanic and Latino college students are first-generation college students and nearly half of Hispanic and Latino college students are eligible to receive a Federal Pell Grant. (6) Hispanics and Latinos have less access to enrolling in, or graduating from, institutions of higher education. (7) More Hispanics and Latinos are going to college than ever before, but only slightly more than half of the Hispanic and Latino students who enroll earn a bachelor’s degree. (8) Hispanics and Latinos lag behind non-Hispanic Whites, Blacks, and Asian American and Native American Pacific Islanders in educational attainment of high school diplomas, associate’s degrees, and bachelor’s degrees. (9) In 2019, the median weekly earnings among high school graduates with no postsecondary degree were lower than such earnings for individuals holding associate’s degrees by $123, and for individuals holding bachelor’s degrees by $635. Given this information, and the growth in the Hispanic and Latino population relative to the nearly stagnant population growth of the Nation as a whole, gains in Hispanic and Latino educational attainment are crucial to economic gains for the United States. (10) Hispanics and Latinos are an increasingly vital component of the workforce of the United States. The number of Hispanics and Latinos in the labor force is expected to grow by approximately 6,900,000 between 2020 and 2030. (11) To help ensure that the United States is prepared to meet the needs of its changing workforce, Hispanics and Latinos and the institutions that enroll them most, Hispanic-serving institutions, must be afforded the resources and support necessary to close the achievement and opportunity gaps. 3. Collaboration between Hispanic-serving institutions and local educational agencies Title V of the Higher Education Act of 1965 ( 20 U.S.C. 1101 et seq. D Collaboration between Hispanic-serving institutions and local educational agencies with high enrollments of Hispanic or Latino students 531. Purposes The purposes of this part are— (1) to promote and support opportunities for academic alliances and collaborative partnerships between Hispanic-serving institutions and local educational agencies with high enrollments of Hispanic or Latino students for the purpose of improving postsecondary educational attainment of Hispanic and Latino students; and (2) to expand and enhance the course offerings, program quality, and overall functionality of the colleges, universities, and local educational agencies that educate the majority of Hispanic and Latino students. 532. Program authority, application, and eligibility (a) Program authority Subject to the availability of funds appropriated to carry out this part, the Secretary shall award grants, on a competitive basis, to Hispanic-serving institutions serving as grant recipient and fiscal agent for an eligible entity, to enable the eligible entity to carry out activities described under section 533 to improve and expand the capacity to develop innovative collaboration agreements between local educational agencies and institutions of higher education to better serve Hispanic and Latino students. (b) Eligible entity The term eligible entity (1) shall include— (A) one or more Hispanic-serving institutions, one of which shall serve as the grant recipient and fiscal agent for the eligible entity; and (B) one or more local educational agencies with high enrollments of Hispanic or Latino students; and (2) may include— (A) one or more emerging Hispanic-serving institutions; (B) one or more local educational agencies with high enrollments of Hispanic or Latino students; and (C) one or more nonprofit or community-based organizations, or public or private nonprofit entities with a demonstrated record of success in implementing activities similar to the activities authorized under section 533. (c) Application An eligible entity that desires to receive a grant under this part shall— (1) designate a Hispanic-serving institution that is a member of the eligible entity to serve as the grant applicant, grant recipient, and fiscal agent for the eligible entity; and (2) through such designated Hispanic-serving institution, submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require under part C and this part. 533. Authorized activities An eligible entity that receives a grant under this part shall use the grant funds for 1 or more of the following activities to support eligible students: (1) Creating a college-bound culture among students, which may include activities to promote the early exposure of such students and their families to the opportunities and requirements of postsecondary education, and other evidence-based services, including services determined to have proven positive outcomes by the What Works Clearinghouse maintained by the Institute of Education Sciences. (2) Improvements to school-based and institutional practices to prepare students for postsecondary education, and provide high quality postsecondary supports when necessary, which may include— (A) aligning high school coursework and high school graduation requirements with the requirements for entrance into credit-bearing coursework at 4-year institutions of higher education, including Hispanic-serving institutions; (B) early identification and support for students at risk of not graduating from high school within 4 years, or at risk of requiring remediation upon enrolling in postsecondary education; (C) developing and implementing pathways to postsecondary education that— (i) provide students with advanced coursework and result in a recognized postsecondary credential, as defined in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 (ii) integrate rigorous and challenging career and technical education, work-based learning, and advanced coursework or other academic instruction aligned with the challenging State academic standards adopted by the State in which the eligible entity is located under section 1111(b)(1) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311(b)(1) (D) co-requisite courses; (E) technology-enhanced diagnostics and delivery of remedial education; (F) use of multiple measures by institutions of higher education for the purposes of placement; (G) analysis of a given placement approach and how the approach affected equity; (H) faculty development to ensure effective instruction; and (I) practices to teach college success skills. (3) Support for students for high school completion and transition to postsecondary education, which may include— (A) assistance with the college application process; (B) assistance with applying for financial aid; and (C) assistance with selecting institutions of higher education to which a student should apply based on the needs and attributes of the student, available degree programs, and outcomes of the institutions. (4) Addressing non-academic needs that are barriers to college enrollment, persistence, and completion for students, which may include— (A) activities to address the comprehensive needs of students, including child care, housing and food insecurity, finances, health issues, and transportation; and (B) activities to promote a positive campus climate at institutions of higher education and to increase the sense of belonging among students, including through first year support programs such as mentoring and peer networks and advisories. (5) Developing and offering grow your own (A) opportunities for students to take dual credit courses in education, where such courses align with the regular high school diploma (as defined in section 8101 of the Elementary and Secondary Education Act of 1965) and count for credit at the institution of higher education; (B) opportunities for students to engage in work-based learning opportunities in the field of education; (C) experiential learning that supports the success of students and increases students’ interest in pursuing a teaching career; (D) providing direct supports, including wrap-around services, for students to enroll and be successful in postsecondary enrollment options for courses that would meet degree requirements for teacher licensure; and (E) scholarships to students who have completed a secondary school diploma or its recognized equivalent to enroll in teacher preparation programs. 534. Reporting Each eligible entity receiving a grant under this part shall, through the Hispanic-serving institution designated under section 532(b) 535. Technical assistance and evaluation (a) Reservations From the total amount appropriated for this part under section 528(a) for a fiscal year, the Secretary shall reserve not more than the lesser of 5 percent or $5,000,000 for— (1) providing technical assistance to eligible entities, directly or through grants, contracts, or cooperative agreements, by qualified experts on using practices grounded in evidence to improve the outcomes of programs funded under this part; and (2) conducting the evaluation described in subsection (b) (b) Evaluation The Secretary, in partnership with the Director of the Institute of Education Sciences, shall contract with a third party to conduct an independent evaluation of the activities funded under this part. Such evaluation shall include the impact of the policies and services resulting from such activities on the number and percentage of students entering, persisting, and completing postsecondary education. The data collected by such evaluation shall be disaggregated to measure the specific impact on economically disadvantaged students, students from each major racial and ethnic group, students with disabilities, English learners, students of different genders, and migrant students. 536. Definitions In this part: (1) Advanced coursework The term advanced coursework (2) Co-requisite courses The term co-requisite courses (3) Dual or concurrent enrollment program The term dual or concurrent enrollment program 20 U.S.C. 7801 (4) Early college high school The term early college high school 20 U.S.C. 7801 (5) Eligible student The term eligible student (A) any student who is enrolled or eligible to enroll in a secondary school that is served by a local educational agency with high enrollments of Hispanic or Latino students; and (B) any student who is enrolled or has been accepted for enrollment at a Hispanic-serving institution or an emerging Hispanic-serving institution. (6) Emerging Hispanic-serving institution The term emerging Hispanic-serving institution (A) is an eligible institution, as defined in section 502; and (B) has an enrollment of undergraduate full-time equivalent students that is at least 15 percent but less than 25 percent Hispanic students at the end of the award year immediately preceding the date of the application for a grant under this part. (7) Local educational agency with high enrollments of hispanic or latino students The term local educational agency with high enrollments of Hispanic or Latino students (A) in which at least 25 percent of the students served by the local educational agency are Hispanic or Latino students, as determined by the enrollment data of the local educational agency no later than the date by which student membership data is collected annually by State educational agencies for submission to the National Center for Education Statistics under section 153 of the Education Sciences Reform Act of 2002 ( 20 U.S.C. 9543 (B) in which at least 50 percent of the students served by the local educational agency meet a measure of poverty described in section 1113(a)(5) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6313(a)(5) . 4. Authorization of appropriations Section 528(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1103g(a) (3) Part D There are authorized to be appropriated to carry out part D $150,000,000 for fiscal year 2024 and such sums as may be necessary for each of the 5 succeeding fiscal years. .

Hispanic Educational Resources and Empowerment Act of 2023

Arctic Refuge Protection Act of 2023 This bill designates approximately 1,559,538 acres of land within Alaska in the Arctic National Wildlife Refuge as a component of the National Wilderness Preservation System.

118 S282 IS: Arctic Refuge Protection Act of 2023 U.S. Senate 2023-02-07 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 282 IN THE SENATE OF THE UNITED STATES February 7, 2023 Mr. Markey Mr. Bennet Ms. Cantwell Mr. Heinrich Mr. Blumenthal Mr. Booker Mr. Carper Mr. Casey Mr. Durbin Mr. Luján Mr. Merkley Mr. Peters Mrs. Shaheen Mr. Sanders Mr. Whitehouse Mr. Wyden Ms. Warren Mr. Welch Mrs. Murray Mrs. Feinstein Mr. Van Hollen Ms. Baldwin Ms. Duckworth Ms. Stabenow Committee on Environment and Public Works A BILL To designate a portion of the Arctic National Wildlife Refuge as wilderness. 1. Short title This Act may be cited as the Arctic Refuge Protection Act of 2023 2. Designation of portion of Arctic National Wildlife Refuge as wilderness Section 4 of the National Wildlife Refuge System Administration Act of 1966 ( 16 U.S.C. 668dd (p) Designation of certain land as wilderness Notwithstanding any other provision of this Act, a portion of the Arctic National Wildlife Refuge in Alaska comprising approximately 1,559,538 acres, as generally depicted on the map entitled Arctic National Wildlife Refuge, Coastal Plain Proposed Wilderness 16 U.S.C. 1131 et seq. .

Arctic Refuge Protection Act of 2023

Securing America's R&D Advantage Act This bill revises and expands the deductibility of research and experimental expenditures to allow immediate expensing of such expenditures. It also allows the amortization over a period of at least 60 months of certain other types of research and experimental expenditures not treated as expenses. The bill prohibits the expensing of such research and experimentation expenditures if they are conducted in North Korea, China, Russia, or Iran. The bill increases the maximum amount eligible for the tax credit for new and small businesses and increases to 20% the rate of the credit for business startups.

118 S2823 IS: Securing America’s R&D Advantage Act U.S. Senate 2023-09-14 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 2823 IN THE SENATE OF THE UNITED STATES September 14, 2023 Mr. Rubio Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to safeguard beneficial tax treatment on certain expenses from bolstering the research and development sectors in foreign entities of concern. 1. Short title This Act may be cited as the Securing America’s R&D Advantage Act 2. Restoring immediate expensing for research and development investments (a) In general Section 174 174. Research and experimental expenditures (a) Treatment as Expenses (1) In general A taxpayer may treat research or experimental expenditures which are paid or incurred by him during the taxable year in connection with his trade or business as expenses which are not chargeable to capital account. The expenditures so treated shall be allowed as a deduction. (2) When method may be adopted (A) Without consent A taxpayer may, without the consent of the Secretary, adopt the method provided in this subsection for his first taxable year for which expenditures described in paragraph (1) are paid or incurred. (B) With consent A taxpayer may, with the consent of the Secretary, adopt at any time the method provided in this subsection. (3) Scope The method adopted under this subsection shall apply to all expenditures described in paragraph (1). The method adopted shall be adhered to in computing taxable income for the taxable year and for all subsequent taxable years unless, with the approval of the Secretary, a change to a different method is authorized with respect to part or all of such expenditures. (b) Amortization of Certain Research and Experimental Expenditures (1) In general At the election of the taxpayer, made in accordance with regulations prescribed by the Secretary, research or experimental expenditures which are— (A) paid or incurred by the taxpayer in connection with his trade or business, (B) not treated as expenses under subsection (a), and (C) chargeable to capital account but not chargeable to property of a character which is subject to the allowance under section 167 (relating to allowance for depreciation, etc.) or section 611 (relating to allowance for depletion), may be treated as deferred expenses. In computing taxable income, such deferred expenses shall be allowed as a deduction ratably over such period of not less than 60 months as may be selected by the taxpayer (beginning with the month in which the taxpayer first realizes benefits from such expenditures). Such deferred expenses are expenditures properly chargeable to capital account for purposes of section 1016(a)(1) (relating to adjustments to basis of property). (2) Time for and scope of election The election provided by paragraph (1) may be made for any taxable year, but only if made not later than the time prescribed by law for filing the return for such taxable year (including extensions thereof). The method so elected, and the period selected by the taxpayer, shall be adhered to in computing taxable income for the taxable year for which the election is made and for all subsequent taxable years unless, with the approval of the Secretary, a change to a different method (or to a different period) is authorized with respect to part or all of such expenditures. The election shall not apply to any expenditure paid or incurred during any taxable year before the taxable year for which the taxpayer makes the election. (c) Land and Other Property This section shall not apply to any expenditure for the acquisition or improvement of land, or for the acquisition or improvement of property to be used in connection with the research or experimentation and of a character which is subject to the allowance under section 167 (relating to allowance for depreciation, etc.) or section 611 (relating to allowance for depletion); but for purposes of this section allowances under section 167, and allowances under section 611, shall be considered as expenditures. (d) Exploration Expenditures This section shall not apply to any expenditure paid or incurred for the purpose of ascertaining the existence, location, extent, or quality of any deposit of ore or other mineral (including oil and gas). (e) Foreign adversaries This section shall not apply to any expenditure which is attributable to research or experimentation conducted in any covered nation (as defined in section 4872(d)(2) of title 10, United States Code). (f) Only Reasonable Research Expenditures Eligible This section shall apply to a research or experimental expenditure only to the extent that the amount thereof is reasonable under the circumstances. (g) Cross References (1) For adjustments to basis of property for amounts allowed as deductions as deferred expenses under subsection (b), see section 1016(a)(14). (2) For election of 10-year amortization of expenditures allowable as a deduction under subsection (a), see section 59(e). . (b) Clerical Amendment The table of sections for part VI of subchapter B of chapter 1 is amended by striking the item relating to section 174 and inserting the following new item: Sec. 174. Research and experimental expenditures . (c) Conforming Amendments (1) Section 41(d)(1)(A) is amended by striking specified research or experimental expenditures under section 174 expenses under section 174 (2) Section 280C(c) is amended to read as follows: (c) Credit for Increasing Research Activities (1) In general No deduction shall be allowed for that portion of the qualified research expenses (as defined in section 41(b)) or basic research expenses (as defined in section 41(e)(2)) otherwise allowable as a deduction for the taxable year which is equal to the amount of the credit determined for such taxable year under section 41(a). (2) Similar rule where taxpayer capitalizes rather than deducts expenses If— (A) the amount of the credit determined for the taxable year under section 41(a)(1), exceeds (B) the amount allowable as a deduction for such taxable year for qualified research expenses or basic research expenses (determined without regard to paragraph (1)), the amount chargeable to capital account for the taxable year for such expenses shall be reduced by the amount of such excess. (3) Election of reduced credit (A) In general In the case of any taxable year for which an election is made under this paragraph— (i) paragraphs (1) and (2) shall not apply, and (ii) the amount of the credit under section 41(a) shall be the amount determined under subparagraph (B). (B) Amount of reduced credit The amount of credit determined under this subparagraph for any taxable year shall be the amount equal to the excess of— (i) the amount of credit determined under section 41(a) without regard to this paragraph, over (ii) the product of— (I) the amount described in clause (i), and (II) the rate of tax under section 11(b). (C) Election An election under this paragraph for any taxable year shall be made not later than the time for filing the return of tax for such year (including extensions), shall be made on such return, and shall be made in such manner as the Secretary may prescribe. Such an election, once made, shall be irrevocable. (4) Controlled groups Paragraph (3) of subsection (b) shall apply for purposes of this subsection. . (d) Effective date The amendments made by this section shall apply to amounts paid or incurred in taxable years beginning after the date of enactment of this Act. 3. Expanding refundable research credit for new and small businesses (a) Increasing cap on refundable credit (1) In general Subclause (I) of section 41(h)(4)(B)(i) $250,000 the applicable amount (2) Applicable amount Subclause (II) of section 41(h)(4)(B)(i) of such Code is amended to read as follows: (II) Applicable amount For purposes of subclause (I), the applicable amount is— (aa) in the case of any taxable year beginning after December 31, 2022, and before January 1, 2024, $500,000, (bb) in the case of any taxable year beginning after December 31, 2023, and before January 1, 2025, $525,000, (cc) in the case of any taxable year beginning after December 31, 2024, and before January 1, 2026, $550,000, (dd) in the case of any taxable year beginning after December 31, 2025, and before January 1, 2027, $575,000, (ee) in the case of any taxable year beginning after December 31, 2026, and before January 1, 2028, $600,000, (ff) in the case of any taxable year beginning after December 31, 2027, and before January 1, 2029, $625,000, (gg) in the case of any taxable year beginning after December 31, 2028, and before January 1, 2030, $650,000, (hh) in the case of any taxable year beginning after December 31, 2029, and before January 1, 2031, $675,000, (ii) in the case of any taxable year beginning after December 31, 2030, and before January 1, 2032, $700,000, (jj) in the case of any taxable year beginning after December 31, 2031, and before January 1, 2033, $725,000, and (kk) in the case of any taxable year beginning after December 31, 2032, $750,000. . (3) Conforming amendments (A) Clause (ii) of section 41(h)(5)(B) of such Code is amended by striking each of the $250,000 amounts the applicable amount (B) Section 3111(f) of such Code is amended— (i) in paragraph (1)— (I) by striking (applied without regard to subclause (II) thereof), and (II) by striking subparagraph (B), and (III) by striking for a taxable year allowed as a credit for a taxable year, there shall be allowed as a credit (ii) in paragraph (2)— (I) by striking paragraph (1)(A) paragraph (1) (II) by striking , and the credit allowed by paragraph (1)(B) shall not exceed the tax imposed by subsection (b) for any calendar quarter, (iii) in paragraph (4)— (I) by striking credits credit (II) by striking or (b) (b) Extension of eligibility and applicability of election (1) Startup date Subclause (II) of section 41(h)(3)(A)(i) 5-taxable-year period 8-taxable-year period (2) Extension of limitation on election Clause (ii) of section 41(h)(4)(B) of such Code is amended by striking 5 or more 8 or more (c) Gross receipts test Clause (i) of section 41(h)(3)(A) (1) by striking $5,000,000 $15,000,000 (2) by striking gross receipts gross receipts in excess of $25,000 (d) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2022. 4. Increasing access to the research credit for startups (a) In general Paragraph (4) of section 41(c) (D) Special rules for qualified small businesses In the case of a qualified small business (as defined in subsection (h)(3))— (i) subparagraph (A) shall be applied by substituting 20 percent 14 percent (ii) if subparagraph (B) applies to such taxpayer, at the election of the taxpayer— (I) subparagraph (B)(ii) shall be applied by substituting 10 percent 6 percent (II) in lieu of applying subparagraph (B), the average under subparagraph (A) shall be determined by disregarding any taxable year in the 3-year period described in such subparagraph in which there were no qualified research expenses. . (b) Effective date The amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

Securing America’s R&D Advantage Act

Protecting Hunting Heritage and Education Act This bill authorizes the use of federal elementary and secondary education funds to purchase or use dangerous weapons for purposes of providing students with educational instruction or educational enrichment activities, such as archery, hunting, other shooting sports, or culinary arts. Current law prohibits the use of these funds to provide any person with a dangerous weapon or training in the use of a dangerous weapon. The bill specifies that this prohibition shall not apply to the use of these funds for permissible program activities that provide students with educational instruction or educational enrichment activities, such as archery, hunting, other shooting sports, or culinary arts.

118 S2828 IS: Protecting Hunting Heritage and Education Act U.S. Senate 2023-09-18 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 2828 IN THE SENATE OF THE UNITED STATES September 18, 2023 Mr. Cornyn Ms. Sinema Mr. Tillis Committee on Health, Education, Labor, and Pensions A BILL To amend the Elementary and Secondary Education Act of 1965 to clarify that the prohibition on the use of Federal education funds for certain weapons does not apply to the use of such weapons in certain programs for activities such as archery, hunting, other shooting sports, or culinary arts. 1. Short title This Act may be cited as the Protecting Hunting Heritage and Education Act 2. Clarification of prohibition on use of Federal education funds for certain weapons and related training Section 8526(7) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7906(7) , except that this paragraph shall not apply to the use of funds under this Act for activities carried out under programs authorized by this Act that are otherwise permissible under such programs and that provide students with educational instruction or educational enrichment activities, such as archery, hunting, other shooting sports, or culinary arts

Protecting Hunting Heritage and Education Act

 Air Traffic Controllers Hiring Act of 2023This bill directs the Federal Aviation Administration (FAA) to set the hiring target for new air traffic controllers as the maximum number of individuals who are able to be trained at the FAA Academy. 

118 S2839 IS: Air Traffic Controllers Hiring Act of 2023 U.S. Senate 2023-09-19 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 2839 IN THE SENATE OF THE UNITED STATES September 19, 2023 Mr. Braun Ms. Klobuchar Mr. Marshall Mrs. Shaheen Mr. Luján Mr. Boozman Committee on Commerce, Science, and Transportation A BILL To clarify the maximum hiring target for new air traffic controllers, and for other purposes. 1. Short title This Act may be cited as the Air Traffic Controllers Hiring Act of 2023 2. Maximum hiring Subject to the availability of appropriations, for each of fiscal years 2024 through 2028, the Administrator of the Federal Aviation Administration shall set as the hiring target for new air traffic controllers (excluding individuals described in section 44506(f)(1)(A) of title 49, United States Code) the maximum number of individuals able to be trained at the Federal Aviation Administration Academy.

Air Traffic Controllers Hiring Act of 2023

Protecting American Food Producers from Russia's Market Distortions Act of 2023 This bill prohibits the importation of certain agricultural products, raw materials, and food from Russia if the Russian government prohibits the importation of these products from the United States. Specifically, the bill prohibits the importation of Russian products that are classified under chapters 1-24 of the Harmonized Tariff Schedule (which includes, among other products, live animals, animal and vegetable products, seafood, prepared foodstuffs, and beverages). Further, the bill prohibits federal funds from being obligated or expended for the procurement of these products from Russia. These prohibitions shall terminate on the date on which the President determines and certifies to Congress that (1) the Russian government has terminated its prohibition on the importation of these products from the United States, (2) the Russian government and its proxies have withdrawn all military and paramilitary forces from Ukraine, and (3) the President has received credible commitments from the Russian government that it will not engage in hostile action against Ukraine in the future.

118 S2847 IS: Protecting American Food Producers from Russia’s Market Distortions Act of 2023 U.S. Senate 2023-09-19 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 2847 IN THE SENATE OF THE UNITED STATES September 19, 2023 Mr. Rubio Committee on Finance A BILL To prohibit the importation of agricultural products, raw materials, and food from the Russian Federation if the Russian Federation prohibits the importation of such products, materials, and food from the United States, and for other purposes. 1. Short title This Act may be cited as the Protecting American Food Producers from Russia’s Market Distortions Act of 2023 2. Prohibition on importation of certain agricultural products, raw materials, and food from the Russian Federation (a) In general The importation into the United States from the Russian Federation of any article described in subsection (b) is prohibited. (b) Articles described An article is described in this subsection if— (1) the article is classifiable under any of chapters 1 through 24 of the Harmonized Tariff Schedule of the United States; and (2) the Government of the Russian Federation prohibits the importation of the article into the Russian Federation from the United States. (c) Effective date The prohibition under subsection (a) applies with respect to articles entered, or withdrawn from warehouse for consumption, on or after the date that is 15 days after the date of the enactment of this Act. 3. Prohibition on procurement of certain agricultural products, raw materials, and food from the Russian Federation No Federal funds may be obligated or expended on or after the date of the enactment of this Act for the procurement from the Russian Federation of any article described in section 2(b). 4. Termination The prohibitions under sections 2 and 3 shall terminate with respect to an article on the date on which the President determines and certifies to Congress that— (1) the Government of the Russian Federation has terminated its prohibition on the importation of the article from the United States; (2) the Government of the Russian Federation and its proxies have withdrawn all military and paramilitary forces from the internationally recognized territory of the Government of Ukraine; and (3) the President has received credible commitments from the Government of the Russian Federation that that Government will not engage in hostile action against Ukraine in the future.

Protecting American Food Producers from Russia’s Market Distortions Act of 2023

Fostering Success in Higher Education Act of 2023 This bill requires the Department of Education to provide formula grants to states for activities to improve college access, retention, and completion rates for foster and homeless youth. States that receive such grants must award subgrants to institutions of higher education to carry out these activities in partnership with child welfare agencies and organizations serving homeless youth.

118 S2849 IS: Fostering Success in Higher Education Act of 2023 U.S. Senate 2023-09-19 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 2849 IN THE SENATE OF THE UNITED STATES September 19, 2023 Mr. Casey Mr. Brown Ms. Smith Mr. Luján Ms. Klobuchar Ms. Stabenow Committee on Health, Education, Labor, and Pensions A BILL To amend the Higher Education Act of 1965 to provide formula grants to States to improve higher education opportunities for foster youth and homeless youth, and for other purposes. 1. Short title This Act may be cited as the Fostering Success in Higher Education Act of 2023 2. Formula grants to States to improve higher education opportunities for foster youth and homeless youth Title VII of the Higher Education Act of 1965 ( 20 U.S.C. 1133 et seq. F Grants for improving access to and success in higher education for foster youth and homeless youth 791. Definitions In this part: (1) Foster youth The term foster youth (A) means an individual whose care and placement is the responsibility of the State or Tribal agency that administers a State or Tribal plan under part B or E of title IV of the Social Security Act ( 42 U.S.C. 621 et seq. 42 U.S.C. 672 (B) includes any individual— (i) whose care and placement was the responsibility of such a State or Tribal agency when, or at any time after, the individual attained 13 years of age, without regard to whether foster care maintenance payments were made under section 472 of such Act ( 42 U.S.C. 672 (ii) who is no longer under the care and responsibility of such a State or Tribal agency, without regard to any subsequent adoption, guardianship arrangement, or other form of permanency option. (2) Homeless youth The term homeless youth homeless children and youths 42 U.S.C. 11434a (3) Indian Tribe; tribal organization The terms Indian Tribe Tribal organization 25 U.S.C. 5304 (4) State The term State (5) Territory The term territory 792. Formula grants to States to improve access to and success in higher education for foster youth and homeless youth (a) Grant program established From the amount appropriated under subsection (h), the Secretary shall make allotments under subsection (b), to States having applications approved under subsection (c), to enable each State to— (1) carry out the statewide transition initiative described in subsection (d); and (2) make subgrants described in subsection (e). (b) Allotments (1) Formula (A) Reservation for Indian tribes and territories (i) In general From the amount appropriated under subsection (h) for a fiscal year and subject to clause (ii), the Secretary shall reserve— (I) not more than 3 percent for grants to Indian Tribes, consortia of Indian Tribes, or Tribal organizations; and (II) not more than 2 percent for grants to territories. (ii) Requirements In awarding grants under this subparagraph, the Secretary— (I) shall not award a grant under subclause (I) or (II) of clause (i) for a fiscal year for which no Indian Tribe (or consortium of Indian Tribes) or Tribal organization, or territory, respectively, submits a satisfactory application for a grant under such subclause; (II) shall require that any Indian Tribe, consortium, Tribal organization, or territory that receives a grant under this subparagraph provide an assurance of a partnership among relevant education, child welfare, and homeless agencies or organizations; and (III) may determine any other requirements with respect to such grants (including the allocation, application, and use of fund requirements), which to the extent possible, shall be consistent with the requirements for States under this part, except that appropriate adjustments shall be made based on the needs and size of populations served by the Indian Tribe, consortium, Tribal organization, or territory applying for the grant. (B) Reservation for Department activities From the amount appropriated under subsection (h) for a fiscal year, the Secretary may reserve— (i) not more than 7 percent to— (I) provide technical assistance, in consultation with the Secretary of Health and Human Services, to States carrying out activities under this section; and (II) complete the evaluations required by subsection (g)(1); and (ii) not more than 3 percent for administrative expenses. (C) Allotments From the amount appropriated under subsection (h) for a fiscal year and remaining after the Secretary reserves funds under subparagraphs (A) and (B), the Secretary shall allot to each State the greater of— (i) $500,000; or (ii) the amount that bears the same proportion to the remaining appropriated amount for such fiscal year as the number of foster youth and homeless youth in the State bears to the number of foster youth and homeless youth in all States. (D) Ratable reduction If the amount appropriated under subsection (h) for a fiscal year and remaining after the Secretary reserves funds under subparagraphs (A) and (B) is less than the amount required to be allotted to States under subparagraph (C), then the amount of the allotment to each State shall be ratably reduced. (2) State Reservation From the amounts awarded a State under paragraph (1)(C) for a fiscal year, the State may reserve not more than 5 percent for administrative expenses. (3) Temporary ineligibility for subsequent payments (A) In general The Secretary shall determine a State to be temporarily ineligible to receive a grant payment under this subsection for a fiscal year if— (i) the State fails to submit an annual report under subsection (f) for the preceding fiscal year; or (ii) the Secretary determines, based on information in such annual report, that the State is not effectively— (I) meeting the outcomes described in the application of such State under subsection (c)(2)(C), and does not have a plan to improve the outcomes; (II) monitoring and evaluating the activities under subsections (d) and (e); or (III) using funds as required under subsections (d) and (e). (B) Reinstatement If the Secretary determines that a State is ineligible under subparagraph (A), the Secretary may enter into an agreement with the State setting forth the terms and conditions under which the State may regain eligibility to receive payments under this subsection. (c) Applications (1) In general For each fiscal year for which a State desires an allotment under subsection (b), the State shall submit an application to the Secretary— (A) at such time and in such manner as the Secretary may require; and (B) containing the information described in paragraph (2). (2) Information required An application submitted under paragraph (1) shall include the following: (A) A plan for how the State will carry out the activities under subsections (d) and (e). (B) A description of the State’s capacity to carry out such activities. (C) A description of intended outcomes for such activities. (D) A plan for how the State will monitor and evaluate such activities, including how the State will use data to continually update and improve such activities. (E) A description of how students will be identified and recruited for participation in the statewide transition initiative under subsection (d). (F) An estimate of the number and characteristics of the populations targeted for participation in the statewide transition initiative under subsection (d), with attention to the diverse needs of homeless youth and foster youth in the State. (G) A description of how the State will coordinate services provided under the grant with services provided to foster youth and homeless youth under the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11301 et seq. 34 U.S.C. 11201 et seq. (H) An assurance that the State will comply with subtitle B of title VII of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11431 et seq. (I) An assurance that the State will partner with State educational agencies, local educational agencies, institutions of higher education, State and local child welfare authorities, and other relevant organizations that serve foster youth or homeless youth. (J) An assurance that the State will submit the annual report required under subsection (f). (K) A budgetary analysis of the use of funds awarded under this section. (L) Such other information as the Secretary may require. (d) Statewide transition initiative (1) Use of funds Subject to subsection (b)(2), and in consultation and coordination with the entities described in paragraph (2), a State receiving a grant award under this section shall use not less than 25 percent of the funds to— (A) provide intensive outreach and support to foster youth and homeless youth to— (i) improve the understanding and preparation of foster youth and homeless youth for enrollment in institutions of higher education; (ii) increase the number of applications to institutions of higher education submitted by foster youth and homeless youth; and (iii) increase the number of enrollments of foster youth and homeless youth at institutions of higher education; (B) provide education to foster youth and homeless youth with respect to— (i) the benefits and opportunities of postsecondary education; (ii) planning for postsecondary education; (iii) financial aid opportunities for enrollment at an institution of higher education; (iv) the Federal and State services and benefits available to foster youth and homeless youth while enrolled at an institution of higher education, including health and mental health services; (v) career exploration; and (vi) financial literacy training, including security from identity theft; (C) assist foster youth and homeless youth with submitting applications for— (i) enrollment at an institution of higher education; (ii) financial aid for such enrollment; and (iii) scholarships available for such students, including under a State educational and training voucher program referred to in section 477(i) of the Social Security Act ( 42 U.S.C. 677(i) (D) provide free programming, which may include free transportation to and from such programming, for foster youth and homeless youth to prepare such individuals socially and academically for the rigors of postsecondary education during the summer before such individuals first attend an institution of higher education. (2) Required consultation and coordination In carrying out the activities described in paragraph (1), a State shall consult and coordinate with State educational agencies, local educational agencies, institutions of higher education, State and local child welfare authorities, and other relevant organizations that serve foster youth or homeless youth. (e) Subgrants To create institutions of excellence (1) In general Subject to subsection (b)(2), a State receiving a grant under this section shall, acting through the administering State agency, use not less than 70 percent of the funds to award, on a competitive basis, subgrants to eligible institutions to enable such institutions to become institutions of excellence by improving access, retention, and completion rates at eligible institutions for foster and homeless youth as described in paragraph (3). (2) Application (A) In general An eligible institution desiring a subgrant under this subsection shall submit an application to the State in which such eligible institution is located, at such time, in such manner, and containing such information as the State may require. (B) Technical assistance Each State receiving an allotment under this section shall provide outreach and technical assistance to eligible institutions with respect to applications for subgrants under this subsection. (3) Activities An eligible institution that receives a subgrant under this subsection shall use the subgrant funds to carry out the following activities with respect to homeless youth and foster youth: (A) Provide flexibility and assistance in completing the application process to enroll at such institution. (B) Coordinate programs with relevant on- and off-campus stakeholders to increase the enrollment of such youth at the institution and align services at the institution for such youth. (C) Adjust the cost of attendance for such youth at such eligible institution to include the cost of housing during periods of non-enrollment. (D) Provide institutional aid to such students to meet the cost of attendance that is not covered by other Federal or State educational grants. (E) Provide outreach to such students to ensure that such youth are aware of housing resources available during periods of non-enrollment. (F) Subsidize any fees for such students associated with orientation and offer free transportation to the orientation or move-in week at the eligible institution. (G) Hire and provide training for at least one full-time staff member at the eligible institution to serve as a point of contact to provide case management services and monthly face-to-face meetings with students who are foster youth or homeless youth. Such individual shall have an advanced degree and at least two years of relevant experience. (H) Establish or enhance campus support programs to provide such students with a wide-range of on-campus services, including— (i) assistance with financial aid; (ii) career advice; and (iii) leadership development. (I) Ensure the availability of robust health services (physical and mental) that meet the specific needs of foster youth and homeless youth. (J) Establish or expand early alert systems to identify and support such students who may be struggling academically. (K) For each such student with reasonable, unanticipated expenses that would not be covered by the institutional aid provided under subparagraph (D) and that would be necessary for the student to persist in higher education during an academic year, provide the student with access to an emergency grant to help cover such expenses. (L) Collect, review, and monitor data for program improvement. (4) Reliance on institutional aid or emergency grants Any institutional aid or emergency grant funds provided to a student under subparagraph (D) or (K) of paragraph (3) by an eligible institution during the period of the institution’s subgrant under this subsection shall continue to be provided during the student’s continuous enrollment at the institution, without regard to whether the subgrant period ends during such enrollment. (5) Definitions In this subsection: (A) Administering State agency The term administering State agency (i) designated by the Governor or executive of the State to administer the subgrants under this subsection; and (ii) that, with respect to such State, has jurisdiction over— (I) foster youth; (II) homeless youth; (III) elementary and secondary education; or (IV) higher education. (B) Eligible institution The term eligible institution (i) is in partnership with— (I) the State child welfare agency that is responsible for the administration of the State plan under part B or E of title IV of the Social Security Act ( 42 U.S.C. 621 et seq. (II) an organization that serves homeless youth (such as a youth shelter or outreach program); and (ii) may partner with any other provider, agency, official, or entity that serves foster youth and homeless youth, or former foster youth and homeless youth. (f) State reports For each year in which a State receives an allotment under subsection (b), the State shall prepare and submit a report to the Secretary that includes— (1) each activity or service that was carried out under this section; (2) the cost of providing each such activity or service; (3) the number of students who received each activity or service, disaggregated by demographics; (4) using qualitative and quantitative analysis, how the State— (A) improved access to higher education for foster youth and homeless youth; and (B) measured youth satisfaction with activities carried out under this part; (5) an analysis of the implementation and progress of the statewide transition initiative under subsection (d), including challenges and changes made to the initiative throughout the preceding year; (6) if, based on the analysis under paragraph (5), the State determines that the program is not on track to meet the intended outcomes described in the application of the State under subsection (c)(2)(C), a description of how the State plans to meet such intended outcomes; and (7) information on the eligible institutions receiving subgrants, including how such institutions used subgrant funds to carry out the activities described in subsection (e)(3). (g) Department activities (1) Evaluations Beginning on the date on which funds are first allotted under subsection (b), and annually thereafter, the Secretary shall evaluate recipients of allotments and subgrants under this section. The results of such evaluations shall be made publicly available on the website of the Department. (2) Report to Congress Not later than 1 year after the date on which funds are first allotted under subsection (b), and annually thereafter, the Secretary shall submit a report to Congress that includes— (A) the amount of each allotment under subsection (b); (B) the amount of each subgrant under subsection (e); and (C) with respect to the year for which such report is made, the results of the evaluations under paragraph (1). (h) Authorization of appropriations There is authorized to be appropriated to carry out this section $150,000,000 for fiscal year 2024 and each of the 5 succeeding fiscal years. .

Fostering Success in Higher Education Act of 2023