Text of US HB 5894 (2023)
Department of Education Appropriations Act, 2024 Department of Health and Human Services Appropriations Act, 2024 Department of Labor Appropriations Act, 2024
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As introduced
301,864 characters
I
118TH CONGRESS
1ST SESSION H. R. 5894
Making appropriations for the Departments of Labor, Health and Human
Services, and Education, and related agencies for the fiscal year ending
September 30, 2024, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
OCTOBER 6, 2023
Mr. ADERHOLT introduced the following bill;
OCTOBER 25, 2023
Referred to the Committee on Appropriations
A BILL
Making appropriations for the Departments of Labor, Health
and Human Services, and Education, and related agen-
cies for the fiscal year ending September 30, 2024, and
for other purposes.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
That the following sums are appropriated, out of any
3
money in the Treasury not otherwise appropriated, for the
4
Departments of Labor, Health and Human Services, and
5
Education, and related agencies for the fiscal year ending
6
September 30, 2024, and for other purposes, namely:
7
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TITLE I
1
DEPARTMENT OF LABOR
2
EMPLOYMENT AND TRAINING ADMINISTRATION
3
TRAINING AND EMPLOYMENT SERVICES
4
For necessary expenses of the Workforce Innovation
5
and Opportunity Act (referred to in this Act as ‘‘WIOA’’)
6
and the National Apprenticeship Act, $2,836,808,000,
7
plus reimbursements, shall be available. Of the amounts
8
provided:
9
(1) for grants to States for adult employment
10
and training activities and dislocated worker employ-
11
ment and training activities, $1,807,553,000 as fol-
12
lows:
13
(A) $712,000,000 for adult employment
14
and training activities, which shall be available
15
for the period October 1, 2024 through June
16
30, 2025; and
17
(B) $1,095,553,000 for dislocated worker
18
employment and training activities, of which
19
$235,553,000 shall be available for the period
20
July 1, 2024 through June 30, 2025, and of
21
which $860,000,000 shall be available for the
22
period October 1, 2024 through June 30, 2025:
23
Provided, That the funds available for allotment to
24
outlying areas to carry out subtitle B of title I of the
25
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WIOA shall not be subject to the requirements of
1
section 127(b)(1)(B)(ii) of such Act: Provided fur-
2
ther, That notwithstanding the requirements of
3
WIOA, outlying areas may submit a single applica-
4
tion for a consolidated grant that awards funds that
5
would otherwise be available to such areas to carry
6
out the activities described in subtitle B of title I of
7
the WIOA: Provided further, That such application
8
shall be submitted to the Secretary of Labor (re-
9
ferred to in this title as ‘‘Secretary’’), at such time,
10
in such manner, and containing such information as
11
the Secretary may require: Provided further, That
12
outlying areas awarded a consolidated grant de-
13
scribed in the preceding provisos may use the funds
14
for any of the programs and activities authorized
15
under such subtitle B of title I of the WIOA subject
16
to approval of the application and such reporting re-
17
quirements issued by the Secretary; and
18
(2) for national programs, $1,029,255,000 as
19
follows:
20
(A) $360,859,0000 for the dislocated
21
workers assistance national reserve, of which
22
$160,859,000 shall be available for the period
23
July 1, 2024 through September 30, 2025, and
24
of which $200,000,000 shall be available for the
25
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•HR 5894 IH
period October 1, 2024 through September 30,
1
2025: Provided, That funds provided to carry
2
out section 132(a)(2)(A) of the WIOA may be
3
used to provide assistance to a State for state-
4
wide or local use in order to address cases
5
where there have been worker dislocations
6
across multiple sectors or across multiple local
7
areas and such workers remain dislocated; co-
8
ordinate the State workforce development plan
9
with emerging economic development needs; and
10
train such eligible dislocated workers: Provided
11
further, That funds provided to carry out sec-
12
tions 168(b) and 169(c) of the WIOA may be
13
used for technical assistance and demonstration
14
projects, respectively, that provide assistance to
15
new entrants in the workforce and incumbent
16
workers: Provided further, That notwithstanding
17
section 168(b) of the WIOA, of the funds pro-
18
vided under this subparagraph, the Secretary
19
may reserve not more than 10 percent of such
20
funds to provide technical assistance and carry
21
out additional activities related to the transition
22
to the WIOA: Provided further, That of the
23
funds
provided
under
this
subparagraph,
24
$115,000,000 shall be for training and employ-
25
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•HR 5894 IH
ment assistance under sections 168(b), 169(c)
1
(notwithstanding the 10 percent limitation in
2
such section) and 170 of the WIOA as follows:
3
(i) $50,000,000 shall be for workers
4
in the Appalachian region, as defined by
5
40 U.S.C. 14102(a)(1), workers in the
6
Lower Mississippi, as defined in section
7
4(2) of the Delta Development Act (Public
8
Law 100–460, 102 Stat. 2246; 7 U.S.C.
9
2009aa(2)), and workers in the region
10
served by the Northern Border Regional
11
Commission, as defined by 40 U.S.C.
12
15733; and
13
(ii) $65,000,000 shall be for the pur-
14
pose of developing, offering, or improving
15
educational or career training programs at
16
community colleges, defined as public insti-
17
tutions of higher education, as described in
18
section 101(a) of the Higher Education
19
Act of 1965 and at which the associate’s
20
degree is primarily the highest degree
21
awarded, with other eligible institutions of
22
higher education, as defined in section
23
101(a) of the Higher Education Act of
24
1965, eligible to participate through con-
25
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•HR 5894 IH
sortia, with community colleges as the lead
1
grantee;
2
(B) $60,000,000 for Native American pro-
3
grams under section 166 of the WIOA, which
4
shall be available for the period July 1, 2024
5
through June 30, 2025;
6
(C) $97,396,000 for migrant and seasonal
7
farmworker programs under section 167 of the
8
WIOA, including $90,134,000 for formula
9
grants (of which not less than 70 percent shall
10
be for employment and training services),
11
$6,591,000 for migrant and seasonal housing
12
(of which not less than 70 percent shall be for
13
permanent housing), and $671,000 for other
14
discretionary purposes, which shall be available
15
for the period April 1, 2024 through June 30,
16
2025: Provided, That notwithstanding any
17
other provision of law or related regulation, the
18
Department of Labor shall take no action lim-
19
iting the number or proportion of eligible par-
20
ticipants receiving related assistance services or
21
discouraging grantees from providing such serv-
22
ices: Provided further, That notwithstanding the
23
definition of ‘‘eligible seasonal farmworker’’ in
24
section 167(i)(3)(A) of the WIOA relating to an
25
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•HR 5894 IH
individual being ‘‘low-income’’, an individual is
1
eligible for migrant and seasonal farmworker
2
programs under section 167 of the WIOA under
3
that definition if, in addition to meeting the re-
4
quirements of clauses (i) and (ii) of section
5
167(i)(3)(A), such individual is a member of a
6
family with a total family income equal to or
7
less than 150 percent of the poverty line;
8
(D) $105,000,000 for YouthBuild activi-
9
ties as described in section 171 of the WIOA,
10
which shall be available for the period April 1,
11
2024 through June 30, 2025;
12
(E) $115,000,000 for ex-offender activi-
13
ties, under the authority of section 169 of the
14
WIOA, which shall be available for the period
15
April 1, 2024 through June 30, 2025: Provided,
16
That of this amount, $30,000,000 shall be for
17
competitive grants to national and regional
18
intermediaries for activities that prepare for
19
employment young adults with criminal legal
20
histories, young adults who have been justice
21
system-involved, or young adults who have
22
dropped out of school or other educational pro-
23
grams, with a priority for projects serving high-
24
crime, high-poverty areas;
25
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(F) $6,000,000 for the Workforce Data
1
Quality Initiative, under the authority of section
2
169 of the WIOA, which shall be available for
3
the period July 1, 2024 through June 30,
4
2025; and
5
(G) $285,000,000 to expand opportunities
6
through apprenticeships, to be available to the
7
Secretary to carry out activities through grants,
8
cooperative agreements, contracts and other ar-
9
rangements, with States and other appropriate
10
entities, including equity intermediaries and
11
business and labor industry partner inter-
12
mediaries, which shall be available for the pe-
13
riod July 1, 2024 through June 30, 2025.
14
FEDERAL UNEMPLOYMENT BENEFITS AND ALLOWANCES
15
For payments during fiscal year 2024 of trade ad-
16
justment benefit payments and allowances under part I
17
of subchapter B of chapter 2 of title II of the Trade Act
18
of 1974, and section 246 of that Act; and for training,
19
employment and case management services, allowances for
20
job search and relocation, and related State administrative
21
expenses under part II of subchapter B of chapter 2 of
22
title II of the Trade Act of 1974, and including benefit
23
payments, allowances, training, employment and case
24
management services, and related State administration
25
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•HR 5894 IH
provided pursuant to section 231(a) of the Trade Adjust-
1
ment Assistance Extension Act of 2011, sections 405(a)
2
and 406 of the Trade Preferences Extension Act of 2015,
3
and section 285(a) of the Trade Act of 1974, as amended,
4
$30,700,000 together with such amounts as may be nec-
5
essary to be charged to the subsequent appropriation for
6
payments for any period subsequent to September 15,
7
2024: Provided, That notwithstanding section 502 of this
8
Act, any part of the appropriation provided under this
9
heading may remain available for obligation beyond the
10
current fiscal year pursuant to the authorities of section
11
245(c) of the Trade Act of 1974 (19 U.S.C. 2317(c)).
12
STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT
13
SERVICE OPERATIONS
14
(INCLUDING TRANSFER OF FUNDS)
15
For
authorized
administrative
expenses,
16
$84,066,000, together with not to exceed $3,921,556,000
17
which may be expended from the Employment Security
18
Administration Account in the Unemployment Trust Fund
19
(‘‘the Trust Fund’’), of which—
20
(1) $3,141,635,000 from the Trust Fund is for
21
grants to States for the administration of State un-
22
employment insurance laws as authorized under title
23
III of the Social Security Act (including not less
24
than $382,000,000 to carry out reemployment serv-
25
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•HR 5894 IH
ices and eligibility assessments under section 306 of
1
such Act, any claimants of regular compensation, as
2
defined in such section, including those who are
3
profiled as most likely to exhaust their benefits, may
4
be eligible for such services and assessments: Pro-
5
vided, That of such amount, $117,000,000 is speci-
6
fied for grants under section 306 of the Social Secu-
7
rity Act and is provided to meet the terms of section
8
251(b)(2)(E)(ii) of the Balanced Budget and Emer-
9
gency Deficit Control Act of 1985, as amended, and
10
$265,000,000 is additional new budget authority
11
specified for purposes of section 251(b)(2)(E)(i)(V)
12
of such Act; and $9,000,000 for continued support
13
of the Unemployment Insurance Integrity Center of
14
Excellence), the administration of unemployment in-
15
surance for Federal employees and for ex-service
16
members as authorized under 5 U.S.C. 8501–8523,
17
and the administration of trade readjustment allow-
18
ances, reemployment trade adjustment assistance,
19
and alternative trade adjustment assistance under
20
the Trade Act of 1974 and under section 231(a) of
21
the Trade Adjustment Assistance Extension Act of
22
2011, sections 405(a) and 406 of the Trade Pref-
23
erences Extension Act of 2015, and section 285(a)
24
of the Trade Act of 1974, as amended, and shall be
25
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available for obligation by the States through De-
1
cember 31, 2024, except that funds used for auto-
2
mation shall be available for Federal obligation until
3
expended, and for State obligation through Sep-
4
tember 30, 2026, and funds for competitive grants
5
awarded to States for improved operations and to
6
conduct in-person reemployment and eligibility as-
7
sessments and unemployment insurance improper
8
payment reviews and provide reemployment services
9
and referrals to training, as appropriate, shall be
10
available for Federal obligation through December
11
31, 2024 (except that funds for outcome payments
12
pursuant to section 306(f)(2) of the Social Security
13
Act shall be available for Federal obligation through
14
March 31, 2025), and for obligation by the States
15
through September 30, 2026, and funds for the Un-
16
employment Insurance Integrity Center of Excel-
17
lence shall be available for obligation by the State
18
through September 30, 2025, and funds used for
19
unemployment
insurance
workloads
experienced
20
through September 30, 2024 shall be available for
21
Federal obligation through December 31, 2024;
22
(2) $23,000,000 from the Trust Fund is for na-
23
tional activities necessary to support the administra-
24
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•HR 5894 IH
tion of the Federal-State unemployment insurance
1
system;
2
(3) $658,639,000 from the Trust Fund, to-
3
gether with $21,413,000 from the General Fund of
4
the Treasury, is for grants to States in accordance
5
with section 6 of the Wagner-Peyser Act, and shall
6
be available for Federal obligation for the period
7
July 1, 2024 through June 30, 2025;
8
(4) $25,000,000 from the Trust Fund is for na-
9
tional activities of the Employment Service, includ-
10
ing administration of the work opportunity tax cred-
11
it under section 51 of the Internal Revenue Code of
12
1986 (including assisting States in adopting or mod-
13
ernizing information technology for use in the proc-
14
essing of certification requests), and the provision of
15
technical assistance and staff training under the
16
Wagner-Peyser Act;
17
(5) $73,282,000 from the Trust Fund is for the
18
administration of foreign labor certifications and re-
19
lated activities under the Immigration and Nation-
20
ality Act and related laws, of which $50,000,000
21
shall be available for the Federal administration of
22
such activities, and $23,282,000 shall be available
23
for grants to States for the administration of such
24
activities; and
25
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•HR 5894 IH
(6) $62,653,000 from the General Fund is to
1
provide workforce information, national electronic
2
tools, and one-stop system building under the Wag-
3
ner-Peyser Act and shall be available for Federal ob-
4
ligation for the period July 1, 2024 through June
5
30, 2025, of which up to $9,800,000 may be used
6
to carry out research and demonstration projects re-
7
lated to testing effective ways to promote greater
8
labor force participation of people with disabilities:
9
Provided, That the Secretary may transfer amounts
10
made available for research and demonstration
11
projects under this paragraph to the ‘‘Office of Dis-
12
ability Employment Policy’’ account for such pur-
13
poses:
14
Provided, That to the extent that the Average Weekly In-
15
sured Unemployment (‘‘AWIU’’) for fiscal year 2024 is
16
projected by the Department of Labor to exceed
17
2,365,000, an additional $28,600,000 from the Trust
18
Fund shall be available for obligation for every 100,000
19
increase in the AWIU level (including a pro rata amount
20
for any increment less than 100,000) to carry out title
21
III of the Social Security Act: Provided further, That
22
funds appropriated in this Act that are allotted to a State
23
to carry out activities under title III of the Social Security
24
Act may be used by such State to assist other States in
25
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•HR 5894 IH
carrying out activities under such title III if the other
1
States include areas that have suffered a major disaster
2
declared by the President under the Robert T. Stafford
3
Disaster Relief and Emergency Assistance Act: Provided
4
further, That the Secretary may use funds appropriated
5
for grants to States under title III of the Social Security
6
Act to make payments on behalf of States for the use of
7
the National Directory of New Hires under section
8
453(j)(8) of such Act: Provided further, That the Sec-
9
retary may use funds appropriated for grants to States
10
under title III of the Social Security Act to make pay-
11
ments on behalf of States to the entity operating the State
12
Information Data Exchange System: Provided further,
13
That funds appropriated in this Act which are used to es-
14
tablish a national one-stop career center system, or which
15
are used to support the national activities of the Federal-
16
State unemployment insurance, employment service, or
17
immigration programs, may be obligated in contracts,
18
grants, or agreements with States and non-State entities:
19
Provided further, That States awarded competitive grants
20
for improved operations under title III of the Social Secu-
21
rity Act, or awarded grants to support the national activi-
22
ties of the Federal-State unemployment insurance system,
23
may award subgrants to other States and non-State enti-
24
ties under such grants, subject to the conditions applicable
25
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•HR 5894 IH
to the grants: Provided further, That funds appropriated
1
under this Act for activities authorized under title III of
2
the Social Security Act and the Wagner-Peyser Act may
3
be used by States to fund integrated Unemployment In-
4
surance and Employment Service automation efforts, not-
5
withstanding cost allocation principles prescribed under
6
the final rule entitled ‘‘Uniform Administrative Require-
7
ments, Cost Principles, and Audit Requirements for Fed-
8
eral Awards’’ at part 200 of title 2, Code of Federal Regu-
9
lations: Provided further, That the Secretary, at the re-
10
quest of a State participating in a consortium with other
11
States, may reallot funds allotted to such State under title
12
III of the Social Security Act to other States participating
13
in the consortium or to the entity operating the Unemploy-
14
ment Insurance Information Technology Support Center
15
in order to carry out activities that benefit the administra-
16
tion of the unemployment compensation law of the State
17
making the request: Provided further, That the Secretary
18
may collect fees for the costs associated with additional
19
data collection, analyses, and reporting services relating
20
to the National Agricultural Workers Survey requested by
21
State and local governments, public and private institu-
22
tions of higher education, and nonprofit organizations and
23
may utilize such sums, in accordance with the provisions
24
of 29 U.S.C. 9a, for the National Agricultural Workers
25
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•HR 5894 IH
Survey infrastructure, methodology, and data to meet the
1
information collection and reporting needs of such entities,
2
which shall be credited to this appropriation and shall re-
3
main available until September 30, 2025, for such pur-
4
poses.
5
ADVANCES TO THE UNEMPLOYMENT TRUST FUND AND
6
OTHER FUNDS
7
For repayable advances to the Unemployment Trust
8
Fund as authorized by sections 905(d) and 1203 of the
9
Social Security Act, and to the Black Lung Disability
10
Trust Fund as authorized by section 9501(c)(1) of the In-
11
ternal Revenue Code of 1986; and for nonrepayable ad-
12
vances to the revolving fund established by section 901(e)
13
of the Social Security Act, to the Unemployment Trust
14
Fund as authorized by 5 U.S.C. 8509, and to the ‘‘Federal
15
Unemployment Benefits and Allowances’’ account, such
16
sums as may be necessary, which shall be available for
17
obligation through September 30, 2025.
18
PROGRAM ADMINISTRATION
19
For expenses of administering employment and train-
20
ing programs, $108,900,000, together with not to exceed
21
$54,015,000 which may be expended from the Employ-
22
ment Security Administration Account in the Unemploy-
23
ment Trust Fund.
24
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EMPLOYEE BENEFITS SECURITY ADMINISTRATION
1
SALARIES AND EXPENSES
2
For necessary expenses for the Employee Benefits
3
Security Administration, $152,880,000, of which up to
4
$3,000,000 shall be made available through September 30,
5
2025, for the procurement of expert witnesses for enforce-
6
ment litigation.
7
PENSION BENEFIT GUARANTY CORPORATION
8
PENSION BENEFIT GUARANTY CORPORATION FUND
9
The Pension Benefit Guaranty Corporation (‘‘Cor-
10
poration’’) is authorized to make such expenditures, in-
11
cluding financial assistance authorized by subtitle E of
12
title IV of the Employee Retirement Income Security Act
13
of 1974, within limits of funds and borrowing authority
14
available to the Corporation, and in accord with law, and
15
to make such contracts and commitments without regard
16
to fiscal year limitations, as provided by 31 U.S.C. 9104,
17
as may be necessary in carrying out the program, includ-
18
ing associated administrative expenses, through Sep-
19
tember 30, 2024, for the Corporation: Provided, That
20
none of the funds available to the Corporation for fiscal
21
year 2024 shall be available for obligations for administra-
22
tive expenses in excess of $512,900,000: Provided further,
23
That to the extent that the number of new plan partici-
24
pants in plans terminated by the Corporation exceeds
25
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100,000 in fiscal year 2024, an amount not to exceed an
1
additional $9,200,000 shall be available through Sep-
2
tember 30, 2028, for obligations for administrative ex-
3
penses for every 20,000 additional terminated partici-
4
pants: Provided further, That obligations in excess of the
5
amounts provided for administrative expenses in this para-
6
graph may be incurred and shall be available through Sep-
7
tember 30, 2028 for obligation for unforeseen and extraor-
8
dinary pre-termination or termination expenses or extraor-
9
dinary multiemployer program related expenses after ap-
10
proval by the Office of Management and Budget and noti-
11
fication of the Committees on Appropriations of the House
12
of Representatives and the Senate: Provided further, That
13
an additional amount shall be available for obligation
14
through September 30, 2028 to the extent the Corpora-
15
tion’s costs exceed $250,000 for the provision of credit or
16
identity monitoring to affected individuals upon suffering
17
a security incident or privacy breach, not to exceed an ad-
18
ditional $100 per affected individual.
19
WAGE AND HOUR DIVISION
20
SALARIES AND EXPENSES
21
For necessary expenses for the Wage and Hour Divi-
22
sion, including reimbursement to State, Federal, and local
23
agencies and their employees for inspection services ren-
24
dered, $185,000,000.
25
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OFFICE OF LABOR-MANAGEMENT STANDARDS
1
SALARIES AND EXPENSES
2
For necessary expenses for the Office of Labor-Man-
3
agement Standards, $48,515,000.
4
OFFICE OF FEDERAL CONTRACT COMPLIANCE
5
PROGRAMS
6
SALARIES AND EXPENSES
7
For necessary expenses for the Office of Federal Con-
8
tract Compliance Programs, $83,232,000.
9
OFFICE OF WORKERS’ COMPENSATION PROGRAMS
10
SALARIES AND EXPENSES
11
For necessary expenses for the Office of Workers’
12
Compensation Programs, $106,500,000, together with
13
$2,205,000 which may be expended from the Special Fund
14
in accordance with sections 39(c), 44(d), and 44(j) of the
15
Longshore and Harbor Workers’ Compensation Act.
16
SPECIAL BENEFITS
17
(INCLUDING TRANSFER OF FUNDS)
18
For the payment of compensation, benefits, and ex-
19
penses (except administrative expenses not otherwise au-
20
thorized) accruing during the current or any prior fiscal
21
year authorized by 5 U.S.C. 81; continuation of benefits
22
as provided for under the heading ‘‘Civilian War Benefits’’
23
in the Federal Security Agency Appropriation Act, 1947;
24
the Employees’ Compensation Commission Appropriation
25
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Act, 1944; section 5(f) of the War Claims Act (50 U.S.C.
1
App. 2012); obligations incurred under the War Hazards
2
Compensation Act (42 U.S.C. 1701 et seq.); and 50 per-
3
cent of the additional compensation and benefits required
4
by section 10(h) of the Longshore and Harbor Workers’
5
Compensation Act, $700,000,000, together with such
6
amounts as may be necessary to be charged to the subse-
7
quent year appropriation for the payment of compensation
8
and other benefits for any period subsequent to August
9
15 of the current year, for deposit into and to assume
10
the attributes of the Employees’ Compensation Fund es-
11
tablished under 5 U.S.C. 8147(a): Provided, That
12
amounts appropriated may be used under 5 U.S.C. 8104
13
by the Secretary to reimburse an employer, who is not the
14
employer at the time of injury, for portions of the salary
15
of a re-employed, disabled beneficiary: Provided further,
16
That balances of reimbursements unobligated on Sep-
17
tember 30, 2023, shall remain available until expended for
18
the payment of compensation, benefits, and expenses: Pro-
19
vided further, That in addition there shall be transferred
20
to this appropriation from the Postal Service and from
21
any other corporation or instrumentality required under
22
5 U.S.C. 8147(c) to pay an amount for its fair share of
23
the cost of administration, such sums as the Secretary de-
24
termines to be the cost of administration for employees
25
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of such fair share entities through September 30, 2024:
1
Provided further, That of those funds transferred to this
2
account from the fair share entities to pay the cost of ad-
3
ministration of the Federal Employees’ Compensation Act,
4
$83,007,000 shall be made available to the Secretary as
5
follows:
6
(1) For enhancement and maintenance of auto-
7
mated data processing systems operations and tele-
8
communications systems, $28,153,000;
9
(2) For automated workload processing oper-
10
ations, including document imaging, centralized mail
11
intake, and medical bill processing, $26,526,000;
12
(3) For periodic roll disability management and
13
medical review, $26,527,000;
14
(4) For program integrity, $1,801,000; and
15
(5) The remaining funds shall be paid into the
16
Treasury as miscellaneous receipts:
17
Provided further, That the Secretary may require that any
18
person filing a notice of injury or a claim for benefits
19
under 5 U.S.C. 81, or the Longshore and Harbor Work-
20
ers’ Compensation Act, provide as part of such notice and
21
claim, such identifying information (including Social Secu-
22
rity account number) as such regulations may prescribe.
23
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SPECIAL BENEFITS FOR DISABLED COAL MINERS
1
For carrying out title IV of the Federal Mine Safety
2
and Health Act of 1977, as amended by Public Law 107–
3
275, $22,890,000, to remain available until expended.
4
For making after July 31 of the current fiscal year,
5
benefit payments to individuals under title IV of such Act,
6
for costs incurred in the current fiscal year, such amounts
7
as may be necessary.
8
For making benefit payments under title IV for the
9
first quarter of fiscal year 2025, $7,000,000, to remain
10
available until expended.
11
ADMINISTRATIVE EXPENSES, ENERGY EMPLOYEES
12
OCCUPATIONAL ILLNESS COMPENSATION FUND
13
For necessary expenses to administer the Energy
14
Employees Occupational Illness Compensation Program
15
Act, $66,532,000, to remain available until expended: Pro-
16
vided, That the Secretary may require that any person fil-
17
ing a claim for benefits under the Act provide as part of
18
such claim such identifying information (including Social
19
Security account number) as may be prescribed.
20
BLACK LUNG DISABILITY TRUST FUND
21
(INCLUDING TRANSFER OF FUNDS)
22
Such sums as may be necessary from the Black Lung
23
Disability Trust Fund (the ‘‘Fund’’), to remain available
24
until expended, for payment of all benefits authorized by
25
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•HR 5894 IH
section 9501(d)(1), (2), (6), and (7) of the Internal Rev-
1
enue Code of 1986; and repayment of, and payment of
2
interest on advances, as authorized by section 9501(d)(4)
3
of that Act. In addition, the following amounts may be
4
expended from the Fund for fiscal year 2024 for expenses
5
of operation and administration of the Black Lung Bene-
6
fits program, as authorized by section 9501(d)(5): not to
7
exceed $44,059,000 for transfer to the Office of Workers’
8
Compensation Programs, ‘‘Salaries and Expenses’’; not to
9
exceed $41,178,000 for transfer to Departmental Manage-
10
ment, ‘‘Salaries and Expenses’’; not to exceed $368,000
11
for transfer to Departmental Management, ‘‘Office of In-
12
spector General’’; and not to exceed $356,000 for pay-
13
ments into miscellaneous receipts for the expenses of the
14
Department of the Treasury.
15
OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION
16
SALARIES AND EXPENSES
17
For necessary expenses for the Occupational Safety
18
and Health Administration, $536,922,000, including not
19
to exceed $120,000,000 which shall be the maximum
20
amount available for grants to States under section 23(g)
21
of the Occupational Safety and Health Act (the ‘‘Act’’),
22
which grants shall be no less than 50 percent of the costs
23
of State occupational safety and health programs required
24
to be incurred under plans approved by the Secretary
25
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•HR 5894 IH
under section 18 of the Act; and, in addition, notwith-
1
standing 31 U.S.C. 3302, the Occupational Safety and
2
Health Administration may retain up to $499,000 per fis-
3
cal year of training institute course tuition and fees, other-
4
wise authorized by law to be collected, and may utilize
5
such sums for occupational safety and health training and
6
education: Provided, That notwithstanding 31 U.S.C.
7
3302, the Secretary is authorized, during the fiscal year
8
ending September 30, 2024, to collect and retain fees for
9
services provided to Nationally Recognized Testing Lab-
10
oratories, and may utilize such sums, in accordance with
11
the provisions of 29 U.S.C. 9a, to administer national and
12
international laboratory recognition programs that ensure
13
the safety of equipment and products used by workers in
14
the workplace: Provided further, That none of the funds
15
appropriated under this paragraph shall be obligated or
16
expended to prescribe, issue, administer, or enforce any
17
standard, rule, regulation, or order under the Act which
18
is applicable to any person who is engaged in a farming
19
operation which does not maintain a temporary labor
20
camp and employs 10 or fewer employees: Provided fur-
21
ther, That no funds appropriated under this paragraph
22
shall be obligated or expended to administer or enforce
23
any standard, rule, regulation, or order under the Act with
24
respect to any employer of 10 or fewer employees who is
25
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•HR 5894 IH
included within a category having a Days Away, Re-
1
stricted, or Transferred (‘‘DART’’) occupational injury
2
and illness rate, at the most precise industrial classifica-
3
tion code for which such data are published, less than the
4
national average rate as such rates are most recently pub-
5
lished by the Secretary, acting through the Bureau of
6
Labor Statistics, in accordance with section 24 of the Act,
7
except—
8
(1) to provide, as authorized by the Act, con-
9
sultation, technical assistance, educational and train-
10
ing services, and to conduct surveys and studies;
11
(2) to conduct an inspection or investigation in
12
response to an employee complaint, to issue a cita-
13
tion for violations found during such inspection, and
14
to assess a penalty for violations which are not cor-
15
rected within a reasonable abatement period and for
16
any willful violations found;
17
(3) to take any action authorized by the Act
18
with respect to imminent dangers;
19
(4) to take any action authorized by the Act
20
with respect to health hazards;
21
(5) to take any action authorized by the Act
22
with respect to a report of an employment accident
23
which is fatal to one or more employees or which re-
24
sults in hospitalization of two or more employees,
25
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•HR 5894 IH
and to take any action pursuant to such investiga-
1
tion authorized by the Act; and
2
(6) to take any action authorized by the Act
3
with respect to complaints of discrimination against
4
employees for exercising rights under the Act:
5
Provided further, That the foregoing proviso shall not
6
apply to any person who is engaged in a farming operation
7
which does not maintain a temporary labor camp and em-
8
ploys 10 or fewer employees: Provided further, That not
9
less than $3,500,000 shall be for Voluntary Protection
10
Programs.
11
MINE SAFETY AND HEALTH ADMINISTRATION
12
SALARIES AND EXPENSES
13
For necessary expenses for the Mine Safety and
14
Health Administration, $325,052,000, including purchase
15
and bestowal of certificates and trophies in connection
16
with mine rescue and first-aid work, and the hire of pas-
17
senger motor vehicles, including up to $2,000,000 for
18
mine rescue and recovery activities and not less than
19
$10,537,000 for State assistance grants: Provided, That
20
notwithstanding 31 U.S.C. 3302, not to exceed $750,000
21
may be collected by the National Mine Health and Safety
22
Academy for room, board, tuition, and the sale of training
23
materials, otherwise authorized by law to be collected, to
24
be available for mine safety and health education and
25
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•HR 5894 IH
training activities: Provided further, That notwithstanding
1
31 U.S.C. 3302, the Mine Safety and Health Administra-
2
tion is authorized to collect and retain up to $2,499,000
3
from fees collected for the approval and certification of
4
equipment, materials, and explosives for use in mines, and
5
may utilize such sums for such activities: Provided further,
6
That the Secretary is authorized to accept lands, build-
7
ings, equipment, and other contributions from public and
8
private sources and to prosecute projects in cooperation
9
with other agencies, Federal, State, or private: Provided
10
further, That the Mine Safety and Health Administration
11
is authorized to promote health and safety education and
12
training in the mining community through cooperative
13
programs with States, industry, and safety associations:
14
Provided further, That the Secretary is authorized to rec-
15
ognize the Joseph A. Holmes Safety Association as a prin-
16
cipal safety association and, notwithstanding any other
17
provision of law, may provide funds and, with or without
18
reimbursement, personnel, including service of Mine Safe-
19
ty and Health Administration officials as officers in local
20
chapters or in the national organization: Provided further,
21
That any funds available to the Department of Labor may
22
be used, with the approval of the Secretary, to provide
23
for the costs of mine rescue and survival operations in the
24
event of a major disaster.
25
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•HR 5894 IH
BUREAU OF LABOR STATISTICS
1
SALARIES AND EXPENSES
2
For necessary expenses for the Bureau of Labor Sta-
3
tistics, including advances or reimbursements to State,
4
Federal, and local agencies and their employees for serv-
5
ices rendered, $589,952,000, together with not to exceed
6
$68,000,000 which may be expended from the Employ-
7
ment Security Administration account in the Unemploy-
8
ment Trust Fund.
9
OFFICE OF DISABILITY EMPLOYMENT POLICY
10
SALARIES AND EXPENSES
11
(INCLUDING TRANSFER OF FUNDS)
12
For necessary expenses for the Office of Disability
13
Employment Policy to provide leadership, develop policy
14
and initiatives, and award grants furthering the objective
15
of eliminating barriers to the training and employment of
16
people with disabilities, $43,000,000, of which not less
17
than $9,000,000 shall be for research and demonstration
18
projects related to testing effective ways to promote great-
19
er labor force participation of people with disabilities: Pro-
20
vided, That the Secretary may transfer amounts made
21
available under this heading for research and demonstra-
22
tion projects to the ‘‘State Unemployment Insurance and
23
Employment Service Operations’’ account for such pur-
24
poses.
25
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•HR 5894 IH
DEPARTMENTAL MANAGEMENT
1
SALARIES AND EXPENSES
2
For necessary expenses for Departmental Manage-
3
ment, including the hire of three passenger motor vehicles,
4
$200,995,000, together with not to exceed $308,000,
5
which may be expended from the Employment Security
6
Administration account in the Unemployment Trust
7
Fund: Provided, That $6,211,000 shall be used for pro-
8
gram evaluation and shall be available for obligation
9
through September 30, 2025: Provided further, That funds
10
available for program evaluation may be used to admin-
11
ister grants for the purpose of evaluation: Provided fur-
12
ther, That grants made for the purpose of evaluation shall
13
be awarded through fair and open competition.
14
VETERANS’ EMPLOYMENT AND TRAINING
15
Not to exceed $269,841,000 may be derived from the
16
Employment Security Administration account in the Un-
17
employment Trust Fund to carry out the provisions of
18
chapters 41, 42, and 43 of title 38, United States Code,
19
of which—
20
(1) $185,000,000 is for Jobs for Veterans State
21
grants under 38 U.S.C. 4102A(b)(5) to support dis-
22
abled veterans’ outreach program specialists under
23
section 4103A of such title and local veterans’ em-
24
ployment representatives under section 4104(b) of
25
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•HR 5894 IH
such title, and for the expenses described in section
1
4102A(b)(5)(C), which shall be available for expend-
2
iture by the States through September 30, 2026,
3
and not to exceed 3 percent for the necessary Fed-
4
eral expenditures for data systems and contract sup-
5
port to allow for the tracking of participant and per-
6
formance information: Provided, That, in addition,
7
such funds may be used to support such specialists
8
and representatives in the provision of services to
9
transitioning members of the Armed Forces who
10
have participated in the Transition Assistance Pro-
11
gram and have been identified as in need of inten-
12
sive services, to members of the Armed Forces who
13
are wounded, ill, or injured and receiving treatment
14
in military treatment facilities or warrior transition
15
units, and to the spouses or other family caregivers
16
of such wounded, ill, or injured members;
17
(2) $34,379,000 is for carrying out the Transi-
18
tion Assistance Program under 38 U.S.C. 4113 and
19
10 U.S.C. 1144;
20
(3) $47,048,000 is for Federal administration
21
of chapters 41, 42, and 43 of title 38, and sections
22
2021, 2021A and 2023 of title 38, United States
23
Code: Provided, That, up to $500,000 may be used
24
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•HR 5894 IH
to carry out the Hire VETS Act (division O of Pub-
1
lic Law 115–31); and
2
(4) $3,414,000 is for the National Veterans’
3
Employment and Training Services Institute under
4
38 U.S.C. 4109:
5
Provided, That the Secretary may reallocate among the
6
appropriations provided under paragraphs (1) through (4)
7
above an amount not to exceed 3 percent of the appropria-
8
tion from which such reallocation is made.
9
In addition, from the General Fund of the Treasury,
10
$65,500,000 is for carrying out programs to assist home-
11
less veterans and veterans at risk of homelessness who are
12
transitioning from certain institutions under sections
13
2021, 2021A, and 2023 of title 38, United States Code:
14
Provided, That notwithstanding subsections (c)(3) and (d)
15
of section 2023, the Secretary may award grants through
16
September 30, 2024, to provide services under such sec-
17
tion: Provided further, That services provided under sec-
18
tions 2021 or under 2021A may include, in addition to
19
services to homeless veterans described in section
20
2002(a)(1), services to veterans who were homeless at
21
some point within the 60 days prior to program entry or
22
veterans who are at risk of homelessness within the next
23
60 days, and that services provided under section 2023
24
may include, in addition to services to the individuals de-
25
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•HR 5894 IH
scribed in subsection (e) of such section, services to vet-
1
erans recently released from incarceration who are at risk
2
of homelessness: Provided further, That notwithstanding
3
paragraph (3) under this heading, funds appropriated in
4
this paragraph may be used for data systems and contract
5
support to allow for the tracking of participant and per-
6
formance information: Provided further, That notwith-
7
standing sections 2021(e)(2) and 2021A(f)(2) of title 38,
8
United States Code, such funds shall be available for ex-
9
penditure pursuant to 31 U.S.C. 1553.
10
In addition, fees may be assessed and deposited in
11
the HIRE Vets Medallion Award Fund pursuant to sec-
12
tion 5(b) of the HIRE Vets Act, and such amounts shall
13
be available to the Secretary to carry out the HIRE Vets
14
Medallion Award Program, as authorized by such Act, and
15
shall remain available until expended: Provided, That such
16
sums shall be in addition to any other funds available for
17
such purposes, including funds available under paragraph
18
(3) of this heading: Provided further, That section 2(d)
19
of division O of the Consolidated Appropriations Act, 2017
20
(Public Law 115–31; 38 U.S.C. 4100 note) shall not
21
apply.
22
IT MODERNIZATION
23
For necessary expenses for Department of Labor cen-
24
tralized infrastructure technology investment activities re-
25
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•HR 5894 IH
lated to support systems and modernization, $27,269,000,
1
which shall be available through September 30, 2025.
2
OFFICE OF INSPECTOR GENERAL
3
For salaries and expenses of the Office of Inspector
4
General in carrying out the provisions of the Inspector
5
General Act of 1978, $91,187,000, together with not to
6
exceed $5,841,000 which may be expended from the Em-
7
ployment Security Administration account in the Unem-
8
ployment Trust Fund: Provided, That not more than
9
$2,000,000 of the amount provided under this heading
10
may be available until expended.
11
GENERAL PROVISIONS
12
SEC. 101. None of the funds appropriated by this Act
13
for the Job Corps shall be used to pay the salary and bo-
14
nuses of an individual, either as direct costs or any prora-
15
tion as an indirect cost, at a rate in excess of Executive
16
Level II.
17
(TRANSFER OF FUNDS)
18
SEC. 102. Not to exceed 1 percent of any discre-
19
tionary funds (pursuant to the Balanced Budget and
20
Emergency Deficit Control Act of 1985) which are appro-
21
priated for the current fiscal year for the Department of
22
Labor in this Act may be transferred between a program,
23
project, or activity, but no such program, project, or activ-
24
ity shall be increased by more than 3 percent by any such
25
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•HR 5894 IH
transfer: Provided, That the transfer authority granted by
1
this section shall not be used to create any new program
2
or to fund any project or activity for which no funds are
3
provided in this Act: Provided further, That the Commit-
4
tees on Appropriations of the House of Representatives
5
and the Senate are notified at least 15 days in advance
6
of any transfer.
7
SEC. 103. In accordance with Executive Order
8
13126, none of the funds appropriated or otherwise made
9
available pursuant to this Act shall be obligated or ex-
10
pended for the procurement of goods mined, produced,
11
manufactured, or harvested or services rendered, in whole
12
or in part, by forced or indentured child labor in industries
13
and host countries already identified by the United States
14
Department of Labor prior to enactment of this Act.
15
SEC. 104. Except as otherwise provided in this sec-
16
tion, none of the funds made available to the Department
17
of Labor for grants under section 414(c) of the American
18
Competitiveness and Workforce Improvement Act of 1998
19
(29 U.S.C. 2916a) may be used for any purpose other
20
than competitive grants for training individuals who are
21
older than 16 years of age and are not currently enrolled
22
in school within a local educational agency in the occupa-
23
tions and industries for which employers are using H–1B
24
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•HR 5894 IH
visas to hire foreign workers, and the related activities
1
necessary to support such training.
2
SEC. 105. None of the funds made available by this
3
Act under the heading ‘‘Employment and Training Ad-
4
ministration’’ shall be used by a recipient or subrecipient
5
of such funds to pay the salary and bonuses of an indi-
6
vidual, either as direct costs or indirect costs, at a rate
7
in excess of Executive Level II. This limitation shall not
8
apply to vendors providing goods and services as defined
9
in Office of Management and Budget Circular A–133.
10
Where States are recipients of such funds, States may es-
11
tablish a lower limit for salaries and bonuses of those re-
12
ceiving salaries and bonuses from subrecipients of such
13
funds, taking into account factors including the relative
14
cost-of-living in the State, the compensation levels for
15
comparable State or local government employees, and the
16
size of the organizations that administer Federal pro-
17
grams involved including Employment and Training Ad-
18
ministration programs.
19
(TRANSFER OF FUNDS)
20
SEC. 106. (a) Notwithstanding section 102, the Sec-
21
retary may transfer funds made available to the Employ-
22
ment and Training Administration by this Act, either di-
23
rectly or through a set-aside, for technical assistance serv-
24
ices to grantees to ‘‘Program Administration’’ when it is
25
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•HR 5894 IH
determined that those services will be more efficiently per-
1
formed by Federal employees: Provided, That this section
2
shall not apply to section 171 of the WIOA.
3
(b) Notwithstanding section 102, the Secretary may
4
transfer not more than 0.5 percent of each discretionary
5
appropriation made available to the Employment and
6
Training Administration by this Act to ‘‘Program Admin-
7
istration’’ in order to carry out program integrity activities
8
relating to any of the programs or activities that are fund-
9
ed under any such discretionary appropriations: Provided,
10
That funds transferred under this subsection shall be
11
available to the Secretary to carry out program integrity
12
activities directly or through grants, cooperative agree-
13
ments, contracts and other arrangements with States and
14
other appropriate entities: Provided further, That funds
15
transferred under the authority provided by this sub-
16
section shall be available for obligation through September
17
30, 2024.
18
(TRANSFER OF FUNDS)
19
SEC. 107. (a) The Secretary may reserve not more
20
than 0.75 percent from each appropriation made available
21
in this Act identified in subsection (b) in order to carry
22
out evaluations of any of the programs or activities that
23
are funded under such accounts. Any funds reserved under
24
this section shall be transferred to ‘‘Departmental Man-
25
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•HR 5894 IH
agement’’ for use by the Office of the Chief Evaluation
1
Officer within the Department of Labor, and shall be
2
available for obligation through September 30, 2024: Pro-
3
vided, That such funds shall only be available if the Chief
4
Evaluation Officer of the Department of Labor submits
5
a plan to the Committees on Appropriations of the House
6
of Representatives and the Senate describing the evalua-
7
tions to be carried out 15 days in advance of any transfer.
8
(b) The accounts referred to in subsection (a) are:
9
‘‘Training and Employment Services’’, ‘‘State Unemploy-
10
ment Insurance and Employment Service Operations’’,
11
‘‘Employee Benefits Security Administration’’, ‘‘Office of
12
Workers’ Compensation Programs’’, ‘‘Wage and Hour Di-
13
vision’’, ‘‘Office of Federal Contract Compliance Pro-
14
grams’’, ‘‘Office of Labor Management Standards’’, ‘‘Oc-
15
cupational Safety and Health Administration’’, ‘‘Mine
16
Safety and Health Administration’’, ‘‘Office of Disability
17
Employment Policy’’, and ‘‘Veterans’ Employment and
18
Training’’.
19
SEC. 108. (a) Section 7 of the Fair Labor Standards
20
Act of 1938 (29 U.S.C. 207) shall be applied as if the
21
following text is part of such section:
22
‘‘(s)(1) The provisions of this section shall not apply
23
for a period of 2 years after the occurrence of a major
24
disaster to any employee—
25
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•HR 5894 IH
‘‘(A) employed to adjust or evaluate claims re-
1
sulting from or relating to such major disaster, by
2
an employer not engaged, directly or through an af-
3
filiate, in underwriting, selling, or marketing prop-
4
erty, casualty, or liability insurance policies or con-
5
tracts;
6
‘‘(B) who receives from such employer on aver-
7
age weekly compensation of not less than $591.00
8
per week or any minimum weekly amount estab-
9
lished by the Secretary, whichever is greater, for the
10
number of weeks such employee is engaged in any
11
of the activities described in subparagraph (C); and
12
‘‘(C) whose duties include any of the following:
13
‘‘(i) interviewing insured individuals, indi-
14
viduals who suffered injuries or other damages
15
or losses arising from or relating to a disaster,
16
witnesses, or physicians;
17
‘‘(ii) inspecting property damage or review-
18
ing factual information to prepare damage esti-
19
mates;
20
‘‘(iii) evaluating and making recommenda-
21
tions regarding coverage or compensability of
22
claims or determining liability or value aspects
23
of claims;
24
‘‘(iv) negotiating settlements; or
25
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•HR 5894 IH
‘‘(v) making recommendations regarding
1
litigation.
2
‘‘(2) The exemption in this subsection shall not affect
3
the exemption provided by section 13(a)(1).
4
‘‘(3) For purposes of this subsection—
5
‘‘(A) the term ‘major disaster’ means any dis-
6
aster or catastrophe declared or designated by any
7
State or Federal agency or department;
8
‘‘(B) the term ‘employee employed to adjust or
9
evaluate claims resulting from or relating to such
10
major disaster’ means an individual who timely se-
11
cured or secures a license required by applicable law
12
to engage in and perform the activities described in
13
clauses (i) through (v) of paragraph (1)(C) relating
14
to a major disaster, and is employed by an employer
15
that maintains worker compensation insurance cov-
16
erage or protection for its employees, if required by
17
applicable law, and withholds applicable Federal,
18
State, and local income and payroll taxes from the
19
wages, salaries and any benefits of such employees;
20
and
21
‘‘(C) the term ‘affiliate’ means a company that,
22
by reason of ownership or control of 25 percent or
23
more of the outstanding shares of any class of voting
24
securities of one or more companies, directly or indi-
25
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•HR 5894 IH
rectly, controls, is controlled by, or is under common
1
control with, another company.’’.
2
(b) This section shall be effective on the date of en-
3
actment of this Act.
4
SEC. 109. (a) FLEXIBILITY WITH RESPECT TO THE
5
CROSSING OF H–2B NONIMMIGRANTS WORKING IN THE
6
SEAFOOD INDUSTRY.—
7
(1) IN GENERAL.—Subject to paragraph (2), if
8
a petition for H–2B nonimmigrants filed by an em-
9
ployer in the seafood industry is granted, the em-
10
ployer may bring the nonimmigrants described in
11
the petition into the United States at any time dur-
12
ing the 120-day period beginning on the start date
13
for which the employer is seeking the services of the
14
nonimmigrants without filing another petition.
15
(2) REQUIREMENTS
FOR
CROSSINGS
AFTER
16
90TH
DAY.—An employer in the seafood industry
17
may not bring H–2B nonimmigrants into the United
18
States after the date that is 90 days after the start
19
date for which the employer is seeking the services
20
of the nonimmigrants unless the employer—
21
(A) completes a new assessment of the
22
local labor market by—
23
(i) listing job orders in local news-
24
papers on 2 separate Sundays; and
25
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•HR 5894 IH
(ii) posting the job opportunity on the
1
appropriate Department of Labor Elec-
2
tronic Job Registry and at the employer’s
3
place of employment; and
4
(B) offers the job to an equally or better
5
qualified United States worker who—
6
(i) applies for the job; and
7
(ii) will be available at the time and
8
place of need.
9
(3) EXEMPTION FROM RULES WITH RESPECT
10
TO STAGGERING.—The Secretary of Labor shall not
11
consider an employer in the seafood industry who
12
brings H–2B nonimmigrants into the United States
13
during the 120-day period specified in paragraph (1)
14
to be staggering the date of need in violation of sec-
15
tion 655.20(d) of title 20, Code of Federal Regula-
16
tions, or any other applicable provision of law.
17
(b) H–2B NONIMMIGRANTS DEFINED.—In this sec-
18
tion, the term ‘‘H–2B nonimmigrants’’ means aliens ad-
19
mitted to the United States pursuant to section
20
101(a)(15)(H)(ii)(B) of the Immigration and Nationality
21
Act (8 U.S.C. 1101(a)(15)(H)(ii)(B)).
22
SEC. 110. The determination of prevailing wage for
23
the purposes of the H–2B program shall be the greater
24
of—(1) the actual wage level paid by the employer to other
25
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•HR 5894 IH
employees with similar experience and qualifications for
1
such position in the same location; or (2) the prevailing
2
wage level for the occupational classification of the posi-
3
tion in the geographic area in which the H–2B non-
4
immigrant will be employed, based on the best information
5
available at the time of filing the petition. In the deter-
6
mination of prevailing wage for the purposes of the H–
7
2B program, the Secretary shall accept private wage sur-
8
veys even in instances where Occupational Employment
9
Statistics survey data are available unless the Secretary
10
determines that the methodology and data in the provided
11
survey are not statistically supported.
12
SEC. 111. None of the funds in this Act shall be used
13
to enforce the definition of corresponding employment
14
found in 20 CFR 655.5 or the three-fourths guarantee
15
rule definition found in 20 CFR 655.20, or any references
16
thereto. Further, for the purpose of regulating admission
17
of temporary workers under the H–2B program, the defi-
18
nition of temporary need shall be that provided in 8 CFR
19
214.2(h)(6)(ii)(B).
20
SEC. 112. Notwithstanding any other provision of
21
law, the Secretary may furnish through grants, coopera-
22
tive agreements, contracts, and other arrangements, up to
23
$2,000,000 of excess personal property, at a value deter-
24
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•HR 5894 IH
mined by the Secretary, to apprenticeship programs for
1
the purpose of training apprentices in those programs.
2
SEC. 113. (a) The Act entitled ‘‘An Act to create a
3
Department of Labor’’, approved March 4, 1913 (37 Stat.
4
736, chapter 141) shall be applied as if the following text
5
is part of such Act:
6
‘‘SEC. 12. SECURITY DETAIL.
7
‘‘(a) IN GENERAL.—The Secretary of Labor is au-
8
thorized to employ law enforcement officers or special
9
agents to—
10
‘‘(1) provide protection for the Secretary of
11
Labor during the workday of the Secretary and dur-
12
ing any activity that is preliminary or postliminary
13
to the performance of official duties by the Sec-
14
retary;
15
‘‘(2) provide protection, incidental to the protec-
16
tion provided to the Secretary, to a member of the
17
immediate family of the Secretary who is partici-
18
pating in an activity or event relating to the official
19
duties of the Secretary;
20
‘‘(3) provide continuous protection to the Sec-
21
retary (including during periods not described in
22
paragraph (1)) and to the members of the imme-
23
diate family of the Secretary if there is a unique and
24
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•HR 5894 IH
articulable threat of physical harm, in accordance
1
with guidelines established by the Secretary; and
2
‘‘(4) provide protection to the Deputy Secretary
3
of Labor or another senior officer representing the
4
Secretary of Labor at a public event if there is a
5
unique and articulable threat of physical harm, in
6
accordance with guidelines established by the Sec-
7
retary.
8
‘‘(b) AUTHORITIES.—The Secretary of Labor may
9
authorize a law enforcement officer or special agent em-
10
ployed under subsection (a), for the purpose of performing
11
the duties authorized under subsection (a), to—
12
‘‘(1) carry firearms;
13
‘‘(2) make arrests without a warrant for any of-
14
fense against the United States committed in the
15
presence of such officer or special agent;
16
‘‘(3) perform protective intelligence work, in-
17
cluding identifying and mitigating potential threats
18
and conducting advance work to review security mat-
19
ters relating to sites and events;
20
‘‘(4) coordinate with local law enforcement
21
agencies; and
22
‘‘(5) initiate criminal and other investigations
23
into potential threats to the security of the Sec-
24
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•HR 5894 IH
retary, in coordination with the Inspector General of
1
the Department of Labor.
2
‘‘(c) COMPLIANCE WITH GUIDELINES.—A law en-
3
forcement officer or special agent employed under sub-
4
section (a) shall exercise any authority provided under this
5
section in accordance with any—
6
‘‘(1) guidelines issued by the Attorney General;
7
and
8
‘‘(2) guidelines prescribed by the Secretary of
9
Labor.’’.
10
(b) This section shall be effective on the date of en-
11
actment of this Act.
12
SEC. 114. The Secretary is authorized to dispose of
13
or divest, by any means the Secretary determines appro-
14
priate, including an agreement or partnership to construct
15
a new Job Corps center, all or a portion of the real prop-
16
erty on which the Treasure Island Job Corps Center is
17
situated. Any sale or other disposition, to include any as-
18
sociated construction project, will not be subject to any
19
requirement of any Federal law or regulation relating to
20
the disposition of Federal real property or relating to Fed-
21
eral procurement, including but not limited to subchapter
22
III of chapter 5 of title 40 of the United States Code,
23
subchapter V of chapter 119 of title 42 of the United
24
States Code, and chapter 33 of division C of subtitle I
25
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•HR 5894 IH
of title 41 of the United States Code. The net proceeds
1
of such a sale shall be transferred to the Secretary, which
2
shall be available until expended to carry out the Job
3
Corps Program on Treasure Island.
4
(RESCISSION)
5
SEC. 115. Of the unobligated funds available under
6
section 286(s)(2) of the Immigration and Nationality Act
7
(8 U.S.C. 1356(s)(2)), $206,000,000 are hereby perma-
8
nently rescinded not later than September 30, 2024.
9
(RESCISSION)
10
SEC. 116. Of the amounts which are made available
11
to ‘‘Employment and Training Administration—Training
12
and Employment Services’’ on October 1, 2023 by Public
13
Law 117–328, $712,000,000 are hereby rescinded.
14
SEC. 117. No Federal funds may be made available
15
to alter or affect the administration, implementation, or
16
enforcement of the final rule entitled ‘‘Independent Con-
17
tractor Status Under the Fair Labor Standards Act’’ (86
18
Fed. Reg. 1168) and dated January 7, 2021.
19
SEC. 118. No Federal funds may be made available
20
to administer, implement, or enforce the rule entitled
21
‘‘Prudence and Loyalty in Selecting Plan Investments and
22
Exercising Shareholder Rights’’ (87 Fed. Reg. 73822) and
23
dated December 1, 2022.
24
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•HR 5894 IH
SEC. 119. No Federal funds may be made available
1
to administer, implement, or enforce—
2
(1) the final rule entitled ‘‘Adverse Effect Wage
3
Rate Methodology for the Temporary Employment
4
of H-2A Nonimmigrants in Non-Range Occupations
5
in the United States’’ (88 Fed. Reg. 12760) and
6
dated February 28, 2023; or
7
(2) section 655.131(b) of title 20, Code of Fed-
8
eral Regulations (relating to joint employer require-
9
ments) as amended by the final regulations pub-
10
lished by the Department of Labor in the Federal
11
Register on October 12, 2022 (87 Fed. Reg. 61660).
12
This title may be cited as the ‘‘Department of Labor
13
Appropriations Act, 2024’’.
14
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•HR 5894 IH
TITLE II
1
DEPARTMENT OF HEALTH AND HUMAN
2
SERVICES
3
HEALTH RESOURCES AND SERVICES ADMINISTRATION
4
PRIMARY HEALTH CARE
5
For carrying out titles II and III of the Public Health
6
Service Act (referred to in this Act as the ‘‘PHS Act’’)
7
with respect to primary health care and the Native Hawai-
8
ian Health Care Act of 1988, $1,858,772,000: Provided,
9
That no more than $1,000,000 shall be available until ex-
10
pended for carrying out the provisions of section 224(o)
11
of the PHS Act: Provided further, That no more than
12
$120,000,000 shall be available until expended for car-
13
rying out subsections (g) through (n) and (q) of section
14
224 of the PHS Act, and for expenses incurred by the
15
Department of Health and Human Services (referred to
16
in this Act as ‘‘HHS’’) pertaining to administrative claims
17
made under such law: Provided further, That not less than
18
$150,000,000 shall be obligated in fiscal year 2024 for
19
construction and capital improvement costs.
20
HEALTH WORKFORCE
21
For carrying out titles III, VII, and VIII of the PHS
22
Act with respect to the health workforce, sections 1128E
23
and 1921 of the Social Security Act, and the Health Care
24
Quality Improvement Act of 1986, $1,336,348,000: Pro-
25
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•HR 5894 IH
vided, That section 751(j)(2) of the PHS Act and the pro-
1
portional funding amounts in paragraphs (1) through (4)
2
of section 756(f) of the PHS Act shall not apply to funds
3
made available under this heading: Provided further, That
4
for any program operating under section 751 of the PHS
5
Act on or before January 1, 2009, the Secretary of Health
6
and Human Services (referred to in this title as the ‘‘Sec-
7
retary’’) may hereafter waive any of the requirements con-
8
tained in sections 751(d)(2)(A) and 751(d)(2)(B) of such
9
Act for the full project period of a grant under such sec-
10
tion: Provided further, That section 756(c) of the PHS Act
11
shall apply to paragraphs (1) through (4) of section
12
756(a) of such Act: Provided further, That no funds shall
13
be available for section 340G–1 of the PHS Act: Provided
14
further, That fees collected for the disclosure of informa-
15
tion under section 427(b) of the Health Care Quality Im-
16
provement Act of 1986 and sections 1128E(d)(2) and
17
1921 of the Social Security Act shall be sufficient to re-
18
cover the full costs of operating the programs authorized
19
by such sections and shall remain available until expended
20
for the National Practitioner Data Bank: Provided further,
21
That funds transferred to this account to carry out section
22
846 and subpart 3 of part D of title III of the PHS Act
23
may be used to make prior year adjustments to awards
24
made under such section and subpart: Provided further,
25
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•HR 5894 IH
That $126,000,000 shall remain available until expended
1
for the purposes of providing primary health services, as-
2
signing National Health Service Corps (‘‘NHSC’’) partici-
3
pants to expand the delivery of substance use disorder
4
treatment services, notwithstanding the assignment prior-
5
ities and limitations under sections 333(a)(1)(D), 333(b),
6
and 333A(a)(1)(B)(ii) of the PHS Act, and making pay-
7
ments under the NHSC Loan Repayment Program under
8
section 338B of such Act: Provided further, That, within
9
the amount made available in the previous proviso,
10
$16,000,000 shall remain available until expended for the
11
purposes of making payments under the NHSC Loan Re-
12
payment Program under section 338B of the PHS Act
13
to individuals participating in such program who provide
14
primary health services in Indian Health Service facilities,
15
Tribally-Operated 638 Health Programs, and Urban In-
16
dian Health Programs (as those terms are defined by the
17
Secretary), notwithstanding the assignment priorities and
18
limitations under section 333(b) of such Act: Provided fur-
19
ther, That for purposes of the previous two provisos, sec-
20
tion 331(a)(3)(D) of the PHS Act shall be applied as if
21
the term ‘‘primary health services’’ includes clinical sub-
22
stance use disorder treatment services, including those
23
provided by masters level, licensed substance use disorder
24
treatment counselors: Provided further, That of the funds
25
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•HR 5894 IH
made available under this heading, $6,000,000 shall be
1
available to make grants to establish, expand, or maintain
2
optional community-based nurse practitioner fellowship
3
programs that are accredited or in the accreditation proc-
4
ess, with a preference for those in Federally Qualified
5
Health Centers, for practicing postgraduate nurse practi-
6
tioners in primary care or behavioral health: Provided fur-
7
ther, That of the funds made available under this heading,
8
$10,000,000 shall remain available until expended for ac-
9
tivities under section 775 of the PHS Act: Provided fur-
10
ther, That the United States may recover liquidated dam-
11
ages in an amount determined by the formula under sec-
12
tion 338E(c)(1) of the PHS Act if an individual either
13
fails to begin or complete the service obligated by a con-
14
tract under section 775(b) of the PHS Act: Provided fur-
15
ther, That for purposes of section 775(c)(1) of the PHS
16
Act, the Secretary may include other mental and behav-
17
ioral health disciplines as the Secretary deems appro-
18
priate: Provided further, That the Secretary may termi-
19
nate a contract entered into under section 775 of the PHS
20
Act in the same manner articulated in section 206 of this
21
title for fiscal year 2024 contracts entered into under sec-
22
tion 338B of the PHS Act.
23
Of the funds made available under this heading,
24
$60,000,000 shall remain available until expended for
25
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•HR 5894 IH
grants to public institutions of higher education to expand
1
or support graduate education for physicians provided by
2
such institutions, including funding for infrastructure de-
3
velopment, maintenance, equipment, and minor renova-
4
tions or alterations: Provided, That, in awarding such
5
grants, the Secretary shall give priority to public institu-
6
tions of higher education located in States with a projected
7
primary care provider shortage in 2030, as determined by
8
the Secretary: Provided further, That grants so awarded
9
are limited to such public institutions of higher education
10
in States in the top quintile of States with a projected
11
primary care provider shortage in 2030, as determined by
12
the Secretary: Provided further, That the minimum
13
amount of a grant so awarded to such an institution shall
14
be not less than $1,000,000 per year: Provided further,
15
That such a grant may be awarded for a period not to
16
exceed 5 years: Provided further, That such a grant award-
17
ed with respect to a year to such an institution shall be
18
subject to a matching requirement of non-Federal funds
19
in an amount that is not more than 10 percent of the
20
total amount of Federal funds provided in the grant to
21
such institution with respect to such year.
22
MATERNAL AND CHILD HEALTH
23
For carrying out titles III, XI, XII, and XIX of the
24
PHS Act with respect to maternal and child health and
25
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•HR 5894 IH
title V of the Social Security Act, $991,582,000: Provided,
1
That notwithstanding sections 502(a)(1) and 502(b)(1) of
2
the Social Security Act, not more than $177,268,000 shall
3
be available for carrying out special projects of regional
4
and national significance pursuant to section 501(a)(2) of
5
such Act and $10,276,000 shall be available for projects
6
described in subparagraphs (A) through (F) of section
7
501(a)(3) of such Act.
8
RYAN WHITE HIV/AIDS PROGRAM
9
For carrying out title XXVI of the PHS Act with
10
respect to the Ryan White HIV/AIDS program,
11
$2,332,535,000, of which $2,045,630,000 shall remain
12
available to the Secretary through September 30, 2026,
13
for parts A and B of title XXVI of the PHS Act, and
14
of which not less than $900,313,000 shall be for State
15
AIDS Drug Assistance Programs under the authority of
16
section 2616 or 311(c) of such Act.
17
HEALTH SYSTEMS
18
For carrying out titles III and XII of the PHS Act
19
with respect to health care systems, and the Stem Cell
20
Therapeutic and Research Act of 2005, $101,009,000, of
21
which $122,000 shall be available until expended for facil-
22
ity renovations and other facilities-related expenses of the
23
National Hansen’s Disease Program: Provided, That the
24
second sentence in section 372(a) of the PHS Act and sec-
25
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•HR 5894 IH
tion 372(b)(1)(A) of the PHS Act shall not apply to any
1
contracts awarded by the Secretary of Health and Human
2
Services for the operation of the Organ Procurement and
3
Transplantation Network.
4
RURAL HEALTH
5
For carrying out titles III and IV of the PHS Act
6
with respect to rural health, section 427(a) of the Federal
7
Coal Mine Health and Safety Act of 1969, and sections
8
711 and 1820 of the Social Security Act, $402,607,000,
9
of which $74,277,000 from general revenues, notwith-
10
standing section 1820(j) of the Social Security Act, shall
11
be available for carrying out the Medicare rural hospital
12
flexibility grants program: Provided, That of the funds
13
made available under this heading for Medicare rural hos-
14
pital flexibility grants, $25,942,000 shall be available for
15
the Small Rural Hospital Improvement Grant Program
16
for quality improvement and adoption of health informa-
17
tion technology, no less than $5,000,000 shall be available
18
to award grants to public or non-profit private entities for
19
the Rural Emergency Hospital Technical Assistance Pro-
20
gram, and up to $1,000,000 shall be to carry out section
21
1820(g)(6) of the Social Security Act, with funds provided
22
for grants under section 1820(g)(6) available for the pur-
23
chase and implementation of telehealth services and other
24
efforts to improve health care coordination for rural vet-
25
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•HR 5894 IH
erans between rural providers and the Department of Vet-
1
erans Affairs: Provided further, That notwithstanding sec-
2
tion 338J(k) of the PHS Act, $12,500,000 shall be avail-
3
able for State Offices of Rural Health: Provided further,
4
That $12,700,000 shall remain available through Sep-
5
tember 30, 2026, to support the Rural Residency Develop-
6
ment Program.
7
HRSA-WIDE ACTIVITIES AND PROGRAM SUPPORT
8
For carrying out title III of the Public Health Service
9
Act and for cross-cutting activities and program support
10
for activities funded in other appropriations included in
11
this Act for the Health Resources and Services Adminis-
12
tration, $215,088,000, of which $45,050,000 shall be for
13
expenses necessary for the Office for the Advancement of
14
Telehealth, including grants, contracts, and cooperative
15
agreements for the advancement of telehealth activities:
16
Provided, That funds made available under this heading
17
may be used to supplement program support funding pro-
18
vided under the headings ‘‘Primary Health Care’’,
19
‘‘Health Workforce’’, ‘‘Maternal and Child Health’’,
20
‘‘Ryan White HIV/AIDS Program’’, ‘‘Health Systems’’,
21
and ‘‘Rural Health’’.
22
VACCINE INJURY COMPENSATION PROGRAM TRUST FUND
23
For payments from the Vaccine Injury Compensation
24
Program Trust Fund (the ‘‘Trust Fund’’), such sums as
25
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•HR 5894 IH
may be necessary for claims associated with vaccine-re-
1
lated injury or death with respect to vaccines administered
2
after September 30, 1988, pursuant to subtitle 2 of title
3
XXI of the PHS Act, to remain available until expended:
4
Provided, That for necessary administrative expenses, not
5
to exceed $15,200,000 shall be available from the Trust
6
Fund to the Secretary.
7
COVERED COUNTERMEASURES PROCESS FUND
8
For carrying out section 319F–4 of the PHS Act,
9
$7,000,000, to remain available until expended.
10
CENTERS FOR DISEASE CONTROL AND PREVENTION
11
IMMUNIZATION AND RESPIRATORY DISEASES
12
For carrying out titles II, III, XVII, and XXI, and
13
section 2821 of the PHS Act, and titles II and IV of the
14
Immigration and Nationality Act, with respect to immuni-
15
zation and respiratory diseases, $326,075,000.
16
HIV/AIDS, VIRAL HEPATITIS, SEXUALLY TRANSMITTED
17
DISEASES, AND TUBERCULOSIS PREVENTION
18
For carrying out titles II, III, XVII, and XXIII of
19
the PHS Act with respect to HIV/AIDS, viral hepatitis,
20
sexually transmitted diseases, and tuberculosis prevention,
21
$1,171,056,000.
22
EMERGING AND ZOONOTIC INFECTIOUS DISEASES
23
For carrying out titles II, III, and XVII, and section
24
2821 of the PHS Act, and titles II and IV of the Immigra-
25
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•HR 5894 IH
tion and Nationality Act, with respect to emerging and
1
zoonotic infectious diseases, $708,772,000: Provided, That
2
of the amounts made available under this heading, up to
3
$1,000,000 shall remain available until expended to pay
4
for the transportation, medical care, treatment, and other
5
related costs of persons quarantined or isolated under
6
Federal or State quarantine law.
7
CHRONIC DISEASE PREVENTION AND HEALTH
8
PROMOTION
9
For carrying out titles II, III, XI, XV, XVII, and
10
XIX of the PHS Act with respect to chronic disease pre-
11
vention and health promotion, $797,569,000: Provided,
12
That funds made available under this heading may be
13
available for making grants under section 1509 of the
14
PHS Act for not less than 21 States, tribes, or tribal orga-
15
nizations: Provided further, That the proportional funding
16
requirements under section 1503(a) of the PHS Act shall
17
not apply to funds made available under this heading.
18
BIRTH DEFECTS, DEVELOPMENTAL DISABILITIES,
19
DISABILITIES AND HEALTH
20
For carrying out titles II, III, XI, and XVII of the
21
PHS Act with respect to birth defects, developmental dis-
22
abilities, disabilities and health, $205,560,000.
23
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•HR 5894 IH
PUBLIC HEALTH SCIENTIFIC SERVICES
1
For carrying out titles II, III, and XVII of the PHS
2
Act with respect to health statistics, surveillance, health
3
informatics, and workforce development, $654,497,000.
4
ENVIRONMENTAL HEALTH
5
For carrying out titles II, III, and XVII of the PHS
6
Act with respect to environmental health, $130,850,000:
7
Provided, That of the amounts appropriated under this
8
heading up to $2,600,000 may remain available until ex-
9
pended for carrying out the Vessel Sanitation Program,
10
in addition to user fee collections available for such pur-
11
pose.
12
INJURY PREVENTION AND CONTROL
13
For carrying out titles II, III, and XVII of the PHS
14
Act with respect to injury prevention and control,
15
$730,779,000.
16
NATIONAL INSTITUTE FOR OCCUPATIONAL SAFETY AND
17
HEALTH
18
For carrying out titles II, III, and XVII of the PHS
19
Act, sections 101, 102, 103, 201, 202, 203, 301, and 501
20
of the Federal Mine Safety and Health Act, section 13
21
of the Mine Improvement and New Emergency Response
22
Act, and sections 20, 21, and 22 of the Occupational Safe-
23
ty and Health Act, with respect to occupational safety and
24
health, $247,700,000.
25
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•HR 5894 IH
ENERGY EMPLOYEES OCCUPATIONAL ILLNESS
1
COMPENSATION PROGRAM
2
For necessary expenses to administer the Energy
3
Employees Occupational Illness Compensation Program
4
Act, $55,358,000, to remain available until expended: Pro-
5
vided, That this amount shall be available consistent with
6
the provision regarding administrative expenses in section
7
151(b) of division B, title I of Public Law 106–554.
8
GLOBAL HEALTH
9
For carrying out titles II, III, and XVII of the PHS
10
Act with respect to global health, $370,772,000, of which
11
$100,000,000 shall remain available through September
12
30, 2026, for global public health protection: Provided,
13
That funds may be used for purchase and insurance of
14
official motor vehicles in foreign countries.
15
PUBLIC HEALTH PREPAREDNESS AND RESPONSE
16
For carrying out titles II, III, and XVII of the PHS
17
Act with respect to public health preparedness and re-
18
sponse, and for expenses necessary to support activities
19
related to countering potential biological, nuclear, radio-
20
logical, and chemical threats to civilian populations,
21
$735,000,000: Provided, That the Director of the Centers
22
for Disease Control and Prevention (referred to in this
23
title as ‘‘CDC’’) or the Administrator of the Agency for
24
Toxic Substances and Disease Registry may detail staff
25
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•HR 5894 IH
without reimbursement to support an activation of the
1
CDC Emergency Operations Center, so long as the Direc-
2
tor or Administrator, as applicable, provides a notice to
3
the Committees on Appropriations of the House of Rep-
4
resentatives and the Senate within 15 days of the use of
5
this authority, a full report within 30 days after use of
6
this authority which includes the number of staff and
7
funding level broken down by the originating center and
8
number of days detailed, and an update of such report
9
every 180 days until staff are no longer on detail without
10
reimbursement to the CDC Emergency Operations Center.
11
BUILDINGS AND FACILITIES
12
(INCLUDING TRANSFER OF FUNDS)
13
For acquisition of real property, equipment, construc-
14
tion, installation, demolition, and renovation of facilities,
15
$40,000,000, which shall remain available until expended:
16
Provided, That funds made available to this account in
17
this or any prior Act that are available for the acquisition
18
of real property or for construction or improvement of fa-
19
cilities shall be available to make improvements on non-
20
federally owned property, provided that any improvements
21
that are not adjacent to federally owned property do not
22
exceed $2,500,000, and that the primary benefit of such
23
improvements accrues to CDC: Provided further, That
24
funds previously set-aside by CDC for repair and upgrade
25
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•HR 5894 IH
of the Lake Lynn Experimental Mine and Laboratory
1
shall be used to acquire a replacement mine safety re-
2
search facility: Provided further, That funds made avail-
3
able to this account in this or any prior Act that are avail-
4
able for the acquisition of real property or for construction
5
or improvement of facilities in conjunction with the new
6
replacement mine safety research facility shall be available
7
to make improvements on non-federally owned property,
8
provided that any improvements that are not adjacent to
9
federally owned property do not exceed $5,000,000: Pro-
10
vided further, That in addition, the prior year unobligated
11
balance of any amounts assigned to former employees in
12
accounts of CDC made available for Individual Learning
13
Accounts shall be credited to and merged with the
14
amounts made available under this heading to support the
15
replacement of the mine safety research facility.
16
CDC-WIDE ACTIVITIES AND PROGRAM SUPPORT
17
(INCLUDING TRANSFER OF FUNDS)
18
For carrying out titles II, III, XVII and XIX, and
19
section 2821 of the PHS Act and for cross-cutting activi-
20
ties and program support for activities funded in other
21
appropriations included in this Act for the Centers for
22
Disease Control and Prevention, $231,428,000: Provided,
23
That paragraphs (1) through (3) of subsection (b) of sec-
24
tion 2821 of the PHS Act shall not apply to funds appro-
25
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•HR 5894 IH
priated under this heading and in all other accounts of
1
the CDC: Provided further, That of the amounts made
2
available under this heading, $35,000,000, to remain
3
available until expended, shall be available to the Director
4
of the CDC for deposit in the Infectious Diseases Rapid
5
Response Reserve Fund established by section 231 of divi-
6
sion B of Public Law 115–245: Provided further, That
7
funds appropriated under this heading may be used to
8
support a contract for the operation and maintenance of
9
an aircraft in direct support of activities throughout CDC
10
to ensure the agency is prepared to address public health
11
preparedness emergencies: Provided further, That employ-
12
ees of CDC or the Public Health Service, both civilian and
13
commissioned officers, detailed to States, municipalities,
14
or other organizations under authority of section 214 of
15
the PHS Act, or in overseas assignments, shall be treated
16
as non-Federal employees for reporting purposes only and
17
shall not be included within any personnel ceiling applica-
18
ble to the Agency, Service, or HHS during the period of
19
detail or assignment: Provided further, That CDC may use
20
up to $10,000 from amounts appropriated to CDC in this
21
Act for official reception and representation expenses
22
when specifically approved by the Director of CDC: Pro-
23
vided further, That in addition, such sums as may be de-
24
rived from authorized user fees, which shall be credited
25
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•HR 5894 IH
to the appropriation charged with the cost thereof: Pro-
1
vided further, That with respect to the previous proviso,
2
authorized user fees from the Vessel Sanitation Program
3
and the Respirator Certification Program shall be avail-
4
able through September 30, 2025.
5
NATIONAL INSTITUTES OF HEALTH
6
NATIONAL CANCER INSTITUTE
7
For carrying out section 301 and title IV of the PHS
8
Act with respect to cancer, $7,104,159,000, of which up
9
to $30,000,000 may be used for facilities repairs and im-
10
provements at the National Cancer Institute—Frederick
11
Federally Funded Research and Development Center in
12
Frederick, Maryland.
13
NATIONAL HEART, LUNG, AND BLOOD INSTITUTE
14
For carrying out section 301 and title IV of the PHS
15
Act with respect to cardiovascular, lung, and blood dis-
16
eases, and blood and blood products, $3,982,345,000.
17
NATIONAL INSTITUTE OF DENTAL AND CRANIOFACIAL
18
RESEARCH
19
For carrying out section 301 and title IV of the PHS
20
Act with respect to dental and craniofacial diseases,
21
$520,163,000.
22
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•HR 5894 IH
NATIONAL INSTITUTE OF DIABETES AND DIGESTIVE AND
1
KIDNEY DISEASES
2
For carrying out section 301 and title IV of the PHS
3
Act with respect to diabetes and digestive and kidney dis-
4
ease, $2,300,721,000.
5
NATIONAL INSTITUTE OF NEUROLOGICAL DISORDERS
6
AND STROKE
7
For carrying out section 301 and title IV of the PHS
8
Act with respect to neurological disorders and stroke,
9
$2,588,925,000.
10
NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS
11
DISEASES
12
For carrying out section 301 and title IV of the PHS
13
Act with respect to allergy and infectious diseases,
14
$5,062,279,000.
15
NATIONAL INSTITUTE OF GENERAL MEDICAL SCIENCES
16
For carrying out section 301 and title IV of the PHS
17
Act
with
respect
to
general
medical
sciences,
18
$3,154,679,000, of which $1,327,482,000 shall be from
19
funds available under section 241 of the PHS Act: Pro-
20
vided, That not less than $435,956,000 is provided for the
21
Institutional Development Awards program.
22
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•HR 5894 IH
EUNICE KENNEDY SHRIVER NATIONAL INSTITUTE OF
1
CHILD HEALTH AND HUMAN DEVELOPMENT
2
For carrying out section 301 and title IV of the PHS
3
Act with respect to child health and human development,
4
$1,749,078,000.
5
NATIONAL EYE INSTITUTE
6
For carrying out section 301 and title IV of the PHS
7
Act with respect to eye diseases and visual disorders,
8
$896,549,000.
9
NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH
10
SCIENCES
11
For carrying out section 301 and title IV of the PHS
12
Act with respect to environmental health sciences,
13
$913,979,000.
14
NATIONAL INSTITUTE ON AGING
15
For carrying out section 301 and title IV of the PHS
16
Act with respect to aging, $4,407,623,000.
17
NATIONAL INSTITUTE OF ARTHRITIS AND
18
MUSCULOSKELETAL AND SKIN DISEASES
19
For carrying out section 301 and title IV of the PHS
20
Act with respect to arthritis and musculoskeletal and skin
21
diseases, $685,465,000.
22
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NATIONAL INSTITUTE ON DEAFNESS AND OTHER
1
COMMUNICATION DISORDERS
2
For carrying out section 301 and title IV of the PHS
3
Act with respect to deafness and other communication dis-
4
orders, $534,333,000.
5
NATIONAL INSTITUTE OF NURSING RESEARCH
6
For carrying out section 301 and title IV of the PHS
7
Act with respect to nursing research, $197,693,000.
8
NATIONAL INSTITUTE ON ALCOHOL ABUSE AND
9
ALCOHOLISM
10
For carrying out section 301 and title IV of the PHS
11
Act with respect to alcohol abuse and alcoholism,
12
$595,318,000.
13
NATIONAL INSTITUTE ON DRUG ABUSE
14
For carrying out section 301 and title IV of the PHS
15
Act with respect to drug abuse, $1,662,695,000.
16
NATIONAL INSTITUTE OF MENTAL HEALTH
17
For carrying out section 301 and title IV of the PHS
18
Act with respect to mental health, $2,112,843,000.
19
NATIONAL HUMAN GENOME RESEARCH INSTITUTE
20
For carrying out section 301 and title IV of the PHS
21
Act
with
respect
to
human
genome
research,
22
$663,200,000.
23
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NATIONAL INSTITUTE OF BIOMEDICAL IMAGING AND
1
BIOENGINEERING
2
For carrying out section 301 and title IV of the PHS
3
Act with respect to biomedical imaging and bioengineering
4
research, $440,627,000.
5
NATIONAL CENTER FOR COMPLEMENTARY AND
6
INTEGRATIVE HEALTH
7
For carrying out section 301 and title IV of the PHS
8
Act with respect to complementary and integrative health,
9
$170,384,000.
10
NATIONAL INSTITUTE ON MINORITY HEALTH AND
11
HEALTH DISPARITIES
12
For carrying out section 301 and title IV of the PHS
13
Act with respect to minority health and health disparities
14
research, $524,395,000.
15
JOHN E. FOGARTY INTERNATIONAL CENTER
16
For carrying out the activities of the John E. Fogarty
17
International Center (described in subpart 2 of part E of
18
title IV of the PHS Act), $95,162,000.
19
NATIONAL LIBRARY OF MEDICINE
20
For carrying out section 301 and title IV of the PHS
21
Act with respect to health information communications,
22
$497,548,000: Provided, That of the amounts available for
23
improvement of information systems, $4,000,000 shall be
24
available until September 30, 2025: Provided further, That
25
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in fiscal year 2024, the National Library of Medicine may
1
enter into personal services contracts for the provision of
2
services in facilities owned, operated, or constructed under
3
the jurisdiction of the National Institutes of Health (re-
4
ferred to in this title as ‘‘NIH’’).
5
NATIONAL CENTER FOR ADVANCING TRANSLATIONAL
6
SCIENCES
7
For carrying out section 301 and title IV of the PHS
8
Act with respect to translational sciences, $923,323,000:
9
Provided, That not less than $75,000,000 shall be avail-
10
able to implement section 480 of the PHS Act, relating
11
to the Cures Acceleration Network: Provided further, That
12
at least $629,560,000 is provided to the Clinical and
13
Translational Sciences Awards program.
14
OFFICE OF THE DIRECTOR
15
For carrying out the responsibilities of the Office of
16
the Director, NIH, $2,069,459,000: Provided, That fund-
17
ing shall be available for the purchase of not to exceed
18
29 passenger motor vehicles for replacement only: Pro-
19
vided further, That all funds credited to the NIH Manage-
20
ment Fund shall remain available for one fiscal year after
21
the fiscal year in which they are deposited: Provided fur-
22
ther, That $722,401,000 shall be available for the Com-
23
mon Fund established under section 402A(c)(1) of the
24
PHS Act: Provided further, That of the funds provided,
25
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$10,000 shall be for official reception and representation
1
expenses when specifically approved by the Director of the
2
NIH: Provided further, That the Office of AIDS Research
3
within the Office of the Director of the NIH may spend
4
up to $8,000,000 to make grants for construction or ren-
5
ovation
of
facilities
as
provided
for
in
section
6
2354(a)(5)(B) of the PHS Act: Provided further, That
7
$80,000,000 shall be used to carry out section 404I of
8
the PHS Act (42 U.S.C. 283k), relating to biomedical and
9
behavioral research facilities: Provided further, That
10
amounts made available under this heading are also avail-
11
able to establish, operate, and support the Research Policy
12
Board authorized by section 2034(f) of the 21st Century
13
Cures Act.
14
In addition to other funds appropriated for the Com-
15
mon Fund established under section 402A(c) of the PHS
16
Act, $12,600,000 is appropriated to the Common Fund
17
from the 10-year Pediatric Research Initiative Fund de-
18
scribed in section 9008 of the Internal Revenue Code of
19
1986 (26 U.S.C. 9008), for the purpose of carrying out
20
section 402(b)(7)(B)(ii) of the PHS Act (relating to pedi-
21
atric research), as authorized in the Gabriella Miller Kids
22
First Research Act.
23
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BUILDINGS AND FACILITIES
1
For the study of, construction of, demolition of, ren-
2
ovation of, and acquisition of equipment for, facilities of
3
or used by NIH, including the acquisition of real property,
4
$350,000,000, to remain available until expended.
5
NIH INNOVATION ACCOUNT, CURES ACT
6
(INCLUDING TRANSFER OF FUNDS)
7
For necessary expenses to carry out the purposes de-
8
scribed in section 1001(b)(4) of the 21st Century Cures
9
Act, in addition to amounts available for such purposes
10
in the appropriations provided to the NIH in this Act,
11
$407,000,000, to remain available until expended: Pro-
12
vided, That such amounts are appropriated pursuant to
13
section 1001(b)(3) of such Act, are to be derived from
14
amounts transferred under section 1001(b)(2)(A) of such
15
Act, and may be transferred by the Director of the Na-
16
tional Institutes of Health to other accounts of the Na-
17
tional Institutes of Health solely for the purposes provided
18
in such Act: Provided further, That upon a determination
19
by the Director that funds transferred pursuant to the
20
previous proviso are not necessary for the purposes pro-
21
vided, such amounts may be transferred back to the Ac-
22
count: Provided further, That the transfer authority pro-
23
vided under this heading is in addition to any other trans-
24
fer authority provided by law.
25
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ADVANCED RESEARCH PROJECTS AGENCY FOR HEALTH
1
For carrying out section 301 and part J of title IV
2
of the PHS Act with respect to advanced research projects
3
for health, $500,000,000.
4
SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES
5
ADMINISTRATION
6
MENTAL HEALTH
7
For carrying out titles III, V, and XIX of the PHS
8
Act with respect to mental health, the Protection and Ad-
9
vocacy for Individuals with Mental Illness Act, and the
10
SUPPORT
for
Patients
and
Communities
Act,
11
$2,706,282,000: Provided, That of the funds made avail-
12
able under this heading, $93,887,000 shall be for the Na-
13
tional Child Traumatic Stress Initiative: Provided further,
14
That notwithstanding section 520A(f)(2) of the PHS Act,
15
no funds appropriated for carrying out section 520A shall
16
be available for carrying out section 1971 of the PHS Act:
17
Provided further, That in addition to amounts provided
18
herein, $21,039,000 shall be available under section 241
19
of the PHS Act to carry out subpart I of part B of title
20
XIX of the PHS Act to fund section 1920(b) technical
21
assistance, national data, data collection and evaluation
22
activities, and further that the total available under this
23
Act for section 1920(b) activities shall not exceed 5 per-
24
cent of the amounts appropriated for subpart I of part
25
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•HR 5894 IH
B of title XIX: Provided further, That of the funds made
1
available under this heading for subpart I of part B of
2
title XIX of the PHS Act, at least 5 percent shall be avail-
3
able to support evidence-based crisis systems: Provided
4
further, That up to 10 percent of the amounts made avail-
5
able to carry out the Children’s Mental Health Services
6
program may be used to carry out demonstration grants
7
or contracts for early interventions with persons not more
8
than 25 years of age at clinical high risk of developing
9
a first episode of psychosis: Provided further, That section
10
520E(b)(2) of the PHS Act shall not apply to funds ap-
11
propriated in this Act for fiscal year 2024: Provided fur-
12
ther, That $385,000,000 shall be available for grants to
13
communities and community organizations who meet cri-
14
teria for Certified Community Behavioral Health Clinics
15
pursuant to section 223(a) of Public Law 113–93: Pro-
16
vided further, That none of the funds provided for section
17
1911 of the PHS Act shall be subject to section 241 of
18
such Act: Provided further, That of the funds made avail-
19
able under this heading, $21,420,000 shall be to carry out
20
section 224 of the Protecting Access to Medicare Act of
21
2014 (Public Law 113–93; 42 U.S.C. 290aa 22 note).
22
SUBSTANCE ABUSE TREATMENT
23
For carrying out titles III and V of the PHS Act
24
with respect to substance abuse treatment and title XIX
25
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•HR 5894 IH
of such Act with respect to substance abuse treatment and
1
prevention, section 1003 of the 21st Century Cures Act,
2
and the SUPPORT for Patients and Communities Act,
3
$3,980,103,000: Provided, That $1,583,000,000 shall be
4
for carrying out section 1003 of the 21st Century Cures
5
Act: Provided further, That of such amount in the pre-
6
ceding proviso not less than 4 percent shall be made avail-
7
able to Indian Tribes or tribal organizations: Provided fur-
8
ther, That of the amount reserved by the previous proviso,
9
the Secretary shall award grants using data that the Sec-
10
retary determines to be the most objective and reliable
11
measure of drug use and drug-related deaths: Provided
12
further, That in addition to amounts provided herein, the
13
following amounts shall be available under section 241 of
14
the PHS Act: (1) $79,200,000 to carry out subpart II
15
of part B of title XIX of the PHS Act to fund section
16
1935(b) technical assistance, national data, data collection
17
and evaluation activities, and further that the total avail-
18
able under this Act for section 1935(b) activities shall not
19
exceed 5 percent of the amounts appropriated for subpart
20
II of part B of title XIX; and (2) $2,000,000 to evaluate
21
substance abuse treatment programs: Provided further,
22
That none of the funds provided for section 1921 of the
23
PHS Act or State Opioid Response Grants shall be subject
24
to section 241 of such Act.
25
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•HR 5894 IH
SUBSTANCE ABUSE PREVENTION
1
For carrying out titles III and V of the PHS Act
2
with respect to substance abuse prevention, $179,602,000.
3
HEALTH SURVEILLANCE AND PROGRAM SUPPORT
4
For program support and cross-cutting activities that
5
supplement activities funded under the headings ‘‘Mental
6
Health’’, ‘‘Substance Abuse Treatment’’, and ‘‘Substance
7
Abuse Prevention’’ in carrying out titles III, V, and XIX
8
of the PHS Act and the Protection and Advocacy for Indi-
9
viduals with Mental Illness Act in the Substance Abuse
10
and
Mental
Health
Services
Administration,
11
$109,895,000: Provided, That in addition to amounts pro-
12
vided herein, $31,428,000 shall be available under section
13
241 of the PHS Act to supplement funds available to
14
carry out national surveys on drug abuse and mental
15
health, to collect and analyze program data, and to con-
16
duct public awareness and technical assistance activities:
17
Provided further, That, in addition, fees may be collected
18
for the costs of publications, data, data tabulations, and
19
data analysis completed under title V of the PHS Act and
20
provided to a public or private entity upon request, which
21
shall be credited to this appropriation and shall remain
22
available until expended for such purposes: Provided fur-
23
ther, That amounts made available in this Act for carrying
24
out section 501(o) of the PHS Act shall remain available
25
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•HR 5894 IH
through September 30, 2025: Provided further, That funds
1
made available under this heading (other than amounts
2
specified in the first proviso under this heading) may be
3
used to supplement program support funding provided
4
under the headings ‘‘Mental Health’’, ‘‘Substance Abuse
5
Treatment’’, and ‘‘Substance Abuse Prevention’’.
6
CENTERS FOR MEDICARE & MEDICAID SERVICES
7
GRANTS TO STATES FOR MEDICAID
8
For carrying out, except as otherwise provided, titles
9
XI and XIX of the Social Security Act, $406,956,850,000,
10
to remain available until expended.
11
In addition, for carrying out such titles after May 31,
12
2024, for the last quarter of fiscal year 2024 for unantici-
13
pated costs incurred for the current fiscal year, such sums
14
as may be necessary, to remain available until expended.
15
In addition, for carrying out such titles for the first
16
quarter of fiscal year 2025, $245,580,414,000, to remain
17
available until expended.
18
Payment under such title XIX may be made for any
19
quarter with respect to a State plan or plan amendment
20
in effect during such quarter, if submitted in or prior to
21
such quarter and approved in that or any subsequent
22
quarter.
23
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76
•HR 5894 IH
PAYMENTS TO THE HEALTH CARE TRUST FUNDS
1
For payment to the Federal Hospital Insurance
2
Trust Fund and the Federal Supplementary Medical In-
3
surance Trust Fund, as provided under sections 217(g),
4
1844, and 1860D–16 of the Social Security Act, sections
5
103(c) and 111(d) of the Social Security Amendments of
6
1965, section 278(d)(3) of Public Law 97–248, and for
7
administrative expenses incurred pursuant to section
8
201(g) of the Social Security Act, $476,725,000,000.
9
In addition, for making matching payments under
10
section 1844 and benefit payments under section 1860D–
11
16 of the Social Security Act that were not anticipated
12
in budget estimates, such sums as may be necessary.
13
PROGRAM MANAGEMENT
14
For carrying out, except as otherwise provided, titles
15
XI, XVIII, XIX, and XXI of the Social Security Act, titles
16
XIII and XXVII of the PHS Act, the Clinical Laboratory
17
Improvement Amendments of 1988, and other responsibil-
18
ities of the Centers for Medicare & Medicaid Services, not
19
to exceed $3,326,690,000 to be transferred from the Fed-
20
eral Hospital Insurance Trust Fund and the Federal Sup-
21
plementary Medical Insurance Trust Fund, as authorized
22
by section 201(g) of the Social Security Act; together with
23
all funds collected in accordance with section 353 of the
24
PHS Act and section 1857(e)(2) of the Social Security
25
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•HR 5894 IH
Act, funds retained by the Secretary pursuant to section
1
1893(h) of the Social Security Act, and such sums as may
2
be collected from authorized user fees and the sale of data,
3
which shall be credited to this account and remain avail-
4
able until expended: Provided, That all funds derived in
5
accordance with 31 U.S.C. 9701 from organizations estab-
6
lished under title XIII of the PHS Act shall be credited
7
to and available for carrying out the purposes of this ap-
8
propriation: Provided further, That the Secretary is di-
9
rected to collect fees in fiscal year 2024 from Medicare
10
Advantage organizations pursuant to section 1857(e)(2)
11
of the Social Security Act and from eligible organizations
12
with risk-sharing contracts under section 1876 of that Act
13
pursuant to section 1876(k)(4)(D) of that Act: Provided
14
further, That of the amount made available under this
15
heading, $397,334,000 shall remain available until Sep-
16
tember 30, 2025, and shall be available for the Survey
17
and Certification Program: Provided further, That
18
amounts available under this heading to support quality
19
improvement organizations (as defined in section 1152 of
20
the Social Security Act) shall not exceed the amount spe-
21
cifically provided for such purpose under this heading in
22
division H of the Consolidated Appropriations Act, 2018
23
(Public Law 115–141).
24
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78
•HR 5894 IH
HEALTH CARE FRAUD AND ABUSE CONTROL ACCOUNT
1
In addition to amounts otherwise available for pro-
2
gram integrity and program management, $915,000,000,
3
to remain available through September 30, 2025, to be
4
transferred from the Federal Hospital Insurance Trust
5
Fund and the Federal Supplementary Medical Insurance
6
Trust Fund, as authorized by section 201(g) of the Social
7
Security Act, of which $675,648,000 shall be for the Cen-
8
ters for Medicare & Medicaid Services program integrity
9
activities, of which $100,145,000 shall be for the Depart-
10
ment of Health and Human Services Office of Inspector
11
General to carry out fraud and abuse activities authorized
12
by section 1817(k)(3) of such Act, and of which
13
$132,207,000 shall be for the Department of Justice to
14
carry out fraud and abuse activities authorized by section
15
1817(k)(3) of such Act: Provided, That the report re-
16
quired by section 1817(k)(5) of the Social Security Act
17
for fiscal year 2024 shall include measures of the oper-
18
ational efficiency and impact on fraud, waste, and abuse
19
in the Medicare, Medicaid, and CHIP programs for the
20
funds provided by this appropriation: Provided further,
21
That of the amount provided under this heading,
22
$311,000,000 is provided to meet the terms of section
23
251(b)(2)(C)(ii) of the Balanced Budget and Emergency
24
Deficit Control Act of 1985, as amended, and
25
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•HR 5894 IH
$604,000,000 is additional new budget authority specified
1
for purposes of section 251(b)(2)(C)(i)(XI) of such Act
2
for additional health care fraud and abuse control activi-
3
ties: Provided further, That the Secretary shall provide not
4
less than $35,000,000 from amounts made available under
5
this heading and amounts made available for fiscal year
6
2024 under section 1817(k)(3)(A) of the Social Security
7
Act for the Senior Medicare Patrol program to combat
8
health care fraud and abuse.
9
ADMINISTRATION FOR CHILDREN AND FAMILIES
10
PAYMENTS TO STATES FOR CHILD SUPPORT
11
ENFORCEMENT AND FAMILY SUPPORT PROGRAMS
12
For carrying out, except as otherwise provided, titles
13
I, IV–D, X, XI, XIV, and XVI of the Social Security Act
14
and the Act of July 5, 1960, $3,309,000,000, to remain
15
available until expended; and for such purposes for the
16
first quarter of fiscal year 2025, $1,400,000,000, to re-
17
main available until expended.
18
For carrying out, after May 31 of the current fiscal
19
year, except as otherwise provided, titles I, IV–D, X, XI,
20
XIV, and XVI of the Social Security Act and the Act of
21
July 5, 1960, for the last 3 months of the current fiscal
22
year for unanticipated costs, incurred for the current fiscal
23
year, such sums as may be necessary.
24
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•HR 5894 IH
LOW INCOME HOME ENERGY ASSISTANCE
1
For making payments under subsections (b) and (d)
2
of section 2602 of the Low-Income Home Energy Assist-
3
ance
Act
of
1981
(42
U.S.C.
8621
et
seq.),
4
$4,011,000,000: Provided, That notwithstanding section
5
2609A(a) of such Act, not more than $9,600,000 may be
6
reserved by the Secretary for technical assistance, train-
7
ing, and monitoring of program activities for compliance
8
with internal controls, policies and procedures, and to sup-
9
plement funding otherwise available for necessary admin-
10
istrative expenses to carry out such Act, and the Secretary
11
may, in addition to the authorities provided in section
12
2609A(a)(1), use such funds through contracts with pri-
13
vate entities that do not qualify as nonprofit organiza-
14
tions: Provided further, That all but $900,000,000 of the
15
amount appropriated under this heading shall be allocated
16
as though the total appropriation for such payments for
17
fiscal year 2024 was less than $1,975,000,000: Provided
18
further, That, after applying all applicable provisions of
19
section 2604 of such Act and the previous proviso, each
20
State or territory that would otherwise receive an alloca-
21
tion that is less than 97 percent of the amount that it
22
received under this heading for fiscal year 2023 from
23
amounts appropriated in Public Law 117–328 shall have
24
its allocation increased to that 97 percent level, with the
25
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•HR 5894 IH
portions of other States’ and territories’ allocations that
1
would exceed 100 percent of the amounts they respectively
2
received in such fashion for fiscal year 2023 being ratably
3
reduced.
4
REFUGEE AND ENTRANT ASSISTANCE
5
For necessary expenses for refugee and entrant as-
6
sistance activities authorized by section 414 of the Immi-
7
gration and Nationality Act and section 501 of the Ref-
8
ugee Education Assistance Act of 1980, and for carrying
9
out section 462 of the Homeland Security Act of 2002,
10
section 235 of the William Wilberforce Trafficking Victims
11
Protection Reauthorization Act of 2008, the Trafficking
12
Victims Protection Act of 2000 (‘‘TVPA’’), and the Tor-
13
ture Victims Relief Act of 1998, $2,756,956,000, of which
14
$2,707,201,000 shall remain available through September
15
30, 2026, for carrying out such sections 414, 501, 462,
16
and 235: Provided, That amounts available under this
17
heading to carry out the TVPA shall also be available for
18
research and evaluation with respect to activities under
19
such Act: Provided further, That the contribution of funds
20
requirement under section 235(c)(6)(C)(iii) of the William
21
Wilberforce Trafficking Victims Protection Reauthoriza-
22
tion Act of 2008 shall not apply to funds made available
23
under this heading.
24
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•HR 5894 IH
PAYMENTS TO STATES FOR THE CHILD CARE AND
1
DEVELOPMENT BLOCK GRANT
2
For carrying out the Child Care and Development
3
Block
Grant
Act
of
1990
(‘‘CCDBG
Act’’),
4
$8,021,387,000 shall be used to supplement, not supplant
5
State general revenue funds for child care assistance for
6
low-income families: Provided, That technical assistance
7
under section 658I(a)(3) of such Act may be provided di-
8
rectly, or through the use of contracts, grants, cooperative
9
agreements, or interagency agreements: Provided further,
10
That all funds made available to carry out section 418
11
of the Social Security Act (42 U.S.C. 618), including
12
funds appropriated for that purpose in such section 418
13
or any other provision of law, shall be subject to the res-
14
ervation of funds authority in paragraphs (4) and (5) of
15
section 658O(a) of the CCDBG Act: Provided further,
16
That notwithstanding section 658O(a)(2) of such Act, 5
17
percent of the amount appropriated under this heading for
18
such Act shall be reserved under such section for Indian
19
tribes and tribal organizations with applications approved
20
under section 658O(c) of such Act: Provided further, That
21
of the amounts made available under this heading, the
22
Secretary may reserve up to 0.5 percent for Federal ad-
23
ministrative expenses.
24
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SOCIAL SERVICES BLOCK GRANT
1
For making grants to States pursuant to section
2
2002 of the Social Security Act, $1,700,000,000: Pro-
3
vided, That notwithstanding subparagraph (B) of section
4
404(d)(2) of such Act, the applicable percent specified
5
under such subparagraph for a State to carry out State
6
programs pursuant to title XX–A of such Act shall be 10
7
percent.
8
CHILDREN AND FAMILIES SERVICES PROGRAMS
9
For carrying out, except as otherwise provided, the
10
Runaway and Homeless Youth Act, the Head Start Act,
11
the Every Student Succeeds Act, the Child Abuse Preven-
12
tion and Treatment Act, sections 303 and 313 of the
13
Family Violence Prevention and Services Act, the Native
14
American Programs Act of 1974, title II of the Child
15
Abuse Prevention and Treatment and Adoption Reform
16
Act of 1978 (adoption opportunities), part B–1 of title IV
17
and sections 429, 473A, 477(i), 1110, 1114A, and 1115
18
of the Social Security Act, and the Community Services
19
Block Grant Act (‘‘CSBG Act’’); and for necessary admin-
20
istrative expenses to carry out titles I, IV, V, X, XI, XIV,
21
XVI, and XX–A of the Social Security Act, the Act of
22
July 5, 1960, and the Low-Income Home Energy Assist-
23
ance
Act
of
1981,
$13,388,077,000,
of
which
24
$75,000,000, to remain available through September 30,
25
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•HR 5894 IH
2025, shall be for grants to States for adoption and legal
1
guardianship incentive payments, as defined by section
2
473A of the Social Security Act and may be made for
3
adoptions and legal guardianships completed before Sep-
4
tember 30, 2024: Provided, That $11,246,820,000 shall
5
be for making payments under the Head Start Act, includ-
6
ing for Early Head Start–Child Care Partnerships, and,
7
of which, notwithstanding section 640 of such Act:
8
(1) $25,000,000 shall be available for allocation
9
by the Secretary to supplement activities described
10
in paragraphs (7)(B) and (9) of section 641(c) of
11
the Head Start Act under the Designation Renewal
12
System, established under the authority of sections
13
641(c)(7), 645A(b)(12), and 645A(d) of such Act,
14
and such funds shall not be included in the calcula-
15
tion of ‘‘base grant’’ in subsequent fiscal years, as
16
such term is used in section 640(a)(7)(A) of such
17
Act;
18
(2) $8,000,000 shall be available for the Tribal
19
Colleges and Universities Head Start Partnership
20
Program consistent with section 648(g) of such Act;
21
and
22
(3) up to $40,000,000 shall be available to sup-
23
plement funding otherwise available for research,
24
evaluation, and Federal administrative costs:
25
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Provided further, That notwithstanding the income eligi-
1
bility requirements of subsection (a) and paragraphs (1)
2
and (2) of subsection (d) of section 645 of the Head Start
3
Act, and of the income eligibility criteria and allowances
4
prescribed in regulations under such Act, an Indian tribe
5
that operates a Head Start program may, at its discretion,
6
establish selection criteria, including criteria to prioritize
7
children in families for which a child, a family member,
8
or a member of the same household, is a member of an
9
Indian tribe, to enroll children who would benefit from the
10
Head Start program: Provided further, That the Secretary
11
may reduce the reservation of funds under section
12
640(a)(2)(C) of such Act in lieu of reducing the reserva-
13
tion of funds under sections 640(a)(2)(B), 640(a)(2)(D),
14
and 640(a)(2)(E) of such Act: Provided further, That
15
$804,383,000 shall be for making payments under the
16
CSBG Act: Provided further, That $34,383,000 shall be
17
for section 680 of the CSBG Act, of which not less than
18
$22,383,000 shall be for section 680(a)(2) and not less
19
than $12,000,000 shall be for section 680(a)(3)(B) of
20
such Act: Provided further, That, notwithstanding section
21
675C(a)(3) of the CSBG Act, to the extent Community
22
Services Block Grant funds are distributed as grant funds
23
by a State to an eligible entity as provided under such
24
Act, and have not been expended by such entity, they shall
25
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•HR 5894 IH
remain with such entity for carryover into the next fiscal
1
year for expenditure by such entity consistent with pro-
2
gram purposes: Provided further, That the Secretary shall
3
establish procedures regarding the disposition of intan-
4
gible assets and program income that permit such assets
5
acquired with, and program income derived from, grant
6
funds authorized under section 680 of the CSBG Act to
7
become the sole property of such grantees after a period
8
of not more than 12 years after the end of the grant pe-
9
riod for any activity consistent with section 680(a)(2)(A)
10
of the CSBG Act: Provided further, That intangible assets
11
in the form of loans, equity investments and other debt
12
instruments, and program income may be used by grant-
13
ees for any eligible purpose consistent with section
14
680(a)(2)(A) of the CSBG Act: Provided further, That
15
these procedures shall apply to such grant funds made
16
available after November 29, 1999: Provided further, That
17
funds appropriated for section 680(a)(2) of the CSBG Act
18
shall be available for financing construction and rehabili-
19
tation and loans or investments in private business enter-
20
prises owned by community development corporations:
21
Provided further, That $240,000,000 shall be for carrying
22
out section 303(a) of the Family Violence Prevention and
23
Services Act, of which $7,000,000 shall be allocated not-
24
withstanding section 303(a)(2) of such Act for carrying
25
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•HR 5894 IH
out section 309 of such Act: Provided further, That the
1
percentages specified in section 112(a)(2) of the Child
2
Abuse Prevention and Treatment Act shall not apply to
3
funds appropriated under this heading: Provided further,
4
That $1,864,000 shall be for a human services case man-
5
agement system for federally declared disasters, to include
6
a comprehensive national case management contract and
7
Federal costs of administering the system: Provided fur-
8
ther, That up to $2,000,000 shall be for improving the
9
Public Assistance Reporting Information System, includ-
10
ing grants to States to support data collection for a study
11
of the system’s effectiveness.
12
PROMOTING SAFE AND STABLE FAMILIES
13
For carrying out, except as otherwise provided, sec-
14
tion 436 of the Social Security Act, $345,000,000 and,
15
for carrying out, except as otherwise provided, section 437
16
of such Act, $86,515,000: Provided, That of the funds
17
available to carry out section 437, $59,765,000 shall be
18
allocated consistent with subsections (b) through (d) of
19
such section: Provided, That of the funds available to
20
carry out section 437, to assist in meeting the require-
21
ments described in section 471(e)(4)(C), $20,000,000
22
shall be for grants to each State, territory, and Indian
23
tribe operating title IV–E plans for developing, enhancing,
24
or evaluating kinship navigator programs, as described in
25
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•HR 5894 IH
section 427(a)(1) of such Act and $6,750,000, in addition
1
to funds otherwise appropriated in section 476 for such
2
purposes, shall be for the Family First Clearinghouse and
3
to support evaluation and technical assistance relating to
4
the evaluation of child and family services: Provided fur-
5
ther, That section 437(b)(1) shall be applied to amounts
6
in the previous proviso by substituting ‘‘5 percent’’ for
7
‘‘3.3 percent’’, and notwithstanding section 436(b)(1),
8
such reserved amounts may be used for identifying, estab-
9
lishing, and disseminating practices to meet the criteria
10
specified in section 471(e)(4)(C): Provided further, That
11
the reservation in section 437(b)(2) and the limitations
12
in section 437(d) shall not apply to funds specified in the
13
second proviso: Provided further, That the minimum grant
14
award for kinship navigator programs in the case of States
15
and territories shall be $200,000, and, in the case of
16
tribes, shall be $25,000.
17
PAYMENTS FOR FOSTER CARE AND PERMANENCY
18
For carrying out, except as otherwise provided, title
19
IV–E of the Social Security Act, $8,594,000,000.
20
For carrying out, except as otherwise provided, title
21
IV–E of the Social Security Act, for the first quarter of
22
fiscal year 2025, $3,400,000,000.
23
For carrying out, after May 31 of the current fiscal
24
year, except as otherwise provided, section 474 of title IV–
25
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•HR 5894 IH
E of the Social Security Act, for the last 3 months of the
1
current fiscal year for unanticipated costs, incurred for the
2
current fiscal year, such sums as may be necessary.
3
ADMINISTRATION FOR COMMUNITY LIVING
4
AGING AND DISABILITY SERVICES PROGRAMS
5
(INCLUDING TRANSFER OF FUNDS)
6
For carrying out, to the extent not otherwise pro-
7
vided, the Older Americans Act of 1965 (‘‘OAA’’), the
8
RAISE Family Caregivers Act, the Supporting Grand-
9
parents Raising Grandchildren Act, titles III and XXIX
10
of the PHS Act, sections 1252 and 1253 of the PHS Act,
11
section 119 of the Medicare Improvements for Patients
12
and Providers Act of 2008, title XX–B of the Social Secu-
13
rity Act, the Developmental Disabilities Assistance and
14
Bill of Rights Act of 2000, parts 2 and 5 of subtitle D
15
of title II of the Help America Vote Act of 2002, the As-
16
sistive Technology Act of 1998, titles II and VII (and sec-
17
tion 14 with respect to such titles) of the Rehabilitation
18
Act of 1973, and for Department-wide coordination of pol-
19
icy and program activities that assist individuals with dis-
20
abilities, $2,418,901,000, together with $55,242,000 to be
21
transferred from the Federal Hospital Insurance Trust
22
Fund and the Federal Supplementary Medical Insurance
23
Trust Fund to carry out section 4360 of the Omnibus
24
Budget Reconciliation Act of 1990: Provided, That of
25
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•HR 5894 IH
amounts made available under this heading to carry out
1
sections 311, 331, and 336 of the OAA, up to one percent
2
of such amounts shall be available for developing and im-
3
plementing evidence-based practices for enhancing senior
4
nutrition, including medically-tailored meals: Provided fur-
5
ther, That notwithstanding any other provision of this Act,
6
funds made available under this heading to carry out sec-
7
tion 311 of the OAA may be transferred to the Secretary
8
of Agriculture in accordance with such section: Provided
9
further, That up to 5 percent of the funds provided for
10
adult protective services grants under section 2042 of title
11
XX of the Social Security Act may be used to make grants
12
to Tribes and tribal organizations: Provided further, That
13
$2,000,000 shall be for competitive grants to support al-
14
ternative financing programs that provide for the purchase
15
of assistive technology devices, such as a low-interest loan
16
fund; an interest buy-down program; a revolving loan
17
fund; a loan guarantee; or an insurance program: Provided
18
further, That applicants shall provide an assurance that,
19
and information describing the manner in which, the alter-
20
native financing program will expand and emphasize con-
21
sumer choice and control: Provided further, That State
22
agencies and community-based disability organizations
23
that are directed by and operated for individuals with dis-
24
abilities shall be eligible to compete: Provided further, That
25
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•HR 5894 IH
none of the funds made available under this heading may
1
be used by an eligible system (as defined in section 102
2
of the Protection and Advocacy for Individuals with Men-
3
tal Illness Act (42 U.S.C. 10802)) to continue to pursue
4
any legal action in a Federal or State court on behalf of
5
an individual or group of individuals with a developmental
6
disability (as defined in section 102(8)(A) of the Develop-
7
mental Disabilities and Assistance and Bill of Rights Act
8
of 2000 (20 U.S.C. 15002(8)(A)) that is attributable to
9
a mental impairment (or a combination of mental and
10
physical impairments), that has as the requested remedy
11
the closure of State operated intermediate care facilities
12
for people with intellectual or developmental disabilities,
13
unless reasonable public notice of the action has been pro-
14
vided to such individuals (or, in the case of mental inca-
15
pacitation, the legal guardians who have been specifically
16
awarded authority by the courts to make healthcare and
17
residential decisions on behalf of such individuals) who are
18
affected by such action, within 90 days of instituting such
19
legal action, which informs such individuals (or such legal
20
guardians) of their legal rights and how to exercise such
21
rights consistent with current Federal Rules of Civil Pro-
22
cedure: Provided further, That the limitations in the imme-
23
diately preceding proviso shall not apply in the case of an
24
individual who is neither competent to consent nor has a
25
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•HR 5894 IH
legal guardian, nor shall the proviso apply in the case of
1
individuals who are a ward of the State or subject to pub-
2
lic guardianship.
3
ADMINISTRATION FOR STRATEGIC PREPAREDNESS AND
4
RESPONSE
5
RESEARCH, DEVELOPMENT, AND PROCUREMENT
6
For carrying out title III and subtitles A and B of
7
title XXVIII of the PHS Act, with respect to the research,
8
development, storage, production, and procurement of
9
medical countermeasures to counter potential chemical, bi-
10
ological, radiological, and nuclear threats to civilian popu-
11
lations, $3,277,991,000. Of such amount:
12
(1) $1,100,000,000 shall be for expenses nec-
13
essary to support advanced research and develop-
14
ment pursuant to section 319L of the PHS Act and
15
other administrative expenses of the Biomedical Ad-
16
vanced Research and Development Authority, to re-
17
main available through September 30, 2025: Pro-
18
vided, That funds provided under this heading for
19
purposes of acquisition of security countermeasures
20
shall be in addition to any other funds made avail-
21
able for such purposes: Provided further, That prod-
22
ucts purchased with funds made available under this
23
paragraph may, at the discretion of the Secretary,
24
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•HR 5894 IH
be deposited in the Strategic National Stockpile pur-
1
suant to section 319F–2 of the PHS Act;
2
(2) $850,000,000 shall be for expenses nec-
3
essary for procuring security countermeasures (as
4
defined in section 319F–2(c)(1)(B) of the PHS
5
Act), to remain available until expended;
6
(3) $1,000,000,000 shall be for expenses nec-
7
essary to carry out section 319F–2(a) of the PHS
8
Act, to remain available until expended; and
9
(4) $327,991,000 shall be for expenses nec-
10
essary to prepare for or respond to an influenza
11
pandemic, of which $300,000,000 shall remain avail-
12
able until expended for activities including the devel-
13
opment and purchase of vaccines, antivirals, nec-
14
essary medical supplies, diagnostics, and surveillance
15
tools: Provided, That notwithstanding section 496(b)
16
of the PHS Act, funds allocated under this para-
17
graph may be used for the construction or renova-
18
tion of privately owned facilities for the production
19
of pandemic influenza vaccines and other biologics,
20
if the Secretary finds such construction or renova-
21
tion necessary to secure sufficient supplies of such
22
vaccines or biologics.
23
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•HR 5894 IH
OPERATIONS AND EMERGENCY RESPONSE
1
For carrying out titles III, XII, and subtitles A and
2
B of title XXVIII of the PHS Act, operations and emer-
3
gency response activities related to countering potential
4
chemical biological, radiological, and nuclear threats and
5
other public health emergencies, $342,606,000.
6
OFFICE OF THE SECRETARY
7
GENERAL DEPARTMENTAL MANAGEMENT
8
For necessary expenses, not otherwise provided, for
9
general departmental management, for carrying out titles
10
III, XVII, XXI, and section 229 of the PHS Act, the
11
United States-Mexico Border Health Commission Act, and
12
research studies under section 1110 of the Social Security
13
Act, $402,341,000, together with $58,028,000 from the
14
amounts available under section 241 of the PHS Act to
15
carry out national health or human services research and
16
evaluation activities: Provided, That of this amount,
17
$28,000,000 shall be for minority AIDS prevention and
18
treatment activities: Provided further, That of the funds
19
made available under this heading, $40,000,000 shall be
20
for making competitive grants which exclusively imple-
21
ment education in sexual risk avoidance (defined as volun-
22
tarily refraining from non-marital sexual activity): Pro-
23
vided further, That funding for such competitive grants
24
for sexual risk avoidance shall use medically accurate in-
25
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•HR 5894 IH
formation referenced to peer-reviewed publications by edu-
1
cational, scientific, governmental, or health organizations;
2
implement an evidence-based approach integrating re-
3
search findings with practical implementation that aligns
4
with the needs and desired outcomes for the intended au-
5
dience; and teach the benefits associated with self-regula-
6
tion, success sequencing for poverty prevention, healthy
7
relationships, goal setting, and resisting sexual coercion,
8
dating violence, and other youth risk behaviors such as
9
underage drinking or illicit drug use without normalizing
10
teen sexual activity: Provided further, That no more than
11
10 percent of the funding for such competitive grants for
12
sexual risk avoidance shall be available for technical assist-
13
ance and administrative costs of such programs: Provided
14
further, That funds provided in this Act for embryo adop-
15
tion activities may be used to provide to individuals adopt-
16
ing embryos, through grants and other mechanisms, med-
17
ical and administrative services deemed necessary for such
18
adoptions: Provided further, That such services shall be
19
provided consistent with 42 CFR 59.5(a)(4): Provided fur-
20
ther, That of the funds made available under this heading,
21
$5,000,000 shall be for carrying out prize competitions
22
sponsored by the Office of the Secretary to accelerate in-
23
novation in the prevention, diagnosis, and treatment of
24
kidney diseases (as authorized by section 24 of the Steven-
25
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•HR 5894 IH
son-Wydler Technology Innovation Act of 1980 (15 U.S.C.
1
3719)).
2
MEDICARE HEARINGS AND APPEALS
3
For expenses necessary for Medicare hearings and
4
appeals in the Office of the Secretary, $196,000,000, of
5
which $40,000,000 shall remain available until September
6
30, 2025, to be transferred in appropriate part from the
7
Federal Hospital Insurance Trust Fund and the Federal
8
Supplementary Medical Insurance Trust Fund.
9
OFFICE OF THE NATIONAL COORDINATOR FOR HEALTH
10
INFORMATION TECHNOLOGY
11
For expenses necessary for the Office of the National
12
Coordinator for Health Information Technology, including
13
grants, contracts, and cooperative agreements for the de-
14
velopment and advancement of interoperable health infor-
15
mation technology, $56,238,000 shall be from amounts
16
made available under section 241 of the PHS Act.
17
OFFICE OF INSPECTOR GENERAL
18
For expenses necessary for the Office of Inspector
19
General, including the hire of passenger motor vehicles for
20
investigations, in carrying out the provisions of the Inspec-
21
tor General Act of 1978, $80,000,000: Provided, That of
22
such amount, necessary sums shall be available for pro-
23
viding protective services to the Secretary and inves-
24
tigating non-payment of child support cases for which non-
25
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•HR 5894 IH
payment is a Federal offense under 18 U.S.C. 228: Pro-
1
vided further, That of the amount appropriated under this
2
heading, necessary sums shall be available for carrying out
3
activities authorized under section 3022 of the PHS Act
4
(42 U.S.C. 300jj–52).
5
OFFICE FOR CIVIL RIGHTS
6
For expenses necessary for the Office for Civil
7
Rights, $32,000,000.
8
RETIREMENT PAY AND MEDICAL BENEFITS FOR
9
COMMISSIONED OFFICERS
10
For retirement pay and medical benefits of Public
11
Health Service Commissioned Officers as authorized by
12
law, for payments under the Retired Serviceman’s Family
13
Protection Plan and Survivor Benefit Plan, and for med-
14
ical care of dependents and retired personnel under the
15
Dependents’ Medical Care Act, such amounts as may be
16
required during the current fiscal year.
17
GENERAL PROVISIONS
18
SEC. 201. Funds appropriated in this title shall be
19
available for not to exceed $50,000 for official reception
20
and representation expenses when specifically approved by
21
the Secretary.
22
SEC. 202. None of the funds appropriated in this title
23
shall be used to pay the salary of an individual, through
24
a grant or other extramural mechanism, at a rate in excess
25
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•HR 5894 IH
of Executive Level II: Provided, That none of the funds
1
appropriated in this title shall be used to prevent the NIH
2
from paying up to 100 percent of the salary of an indi-
3
vidual at this rate.
4
SEC. 203. None of the funds appropriated in this Act
5
may be expended pursuant to section 241 of the PHS Act,
6
except for funds specifically provided for in this Act, or
7
for other taps and assessments made by any office located
8
in HHS, prior to the preparation and submission of a re-
9
port by the Secretary to the Committees on Appropria-
10
tions of the House of Representatives and the Senate de-
11
tailing the planned uses of such funds.
12
SEC. 204. Notwithstanding section 241(a) of the
13
PHS Act, such portion as the Secretary shall determine,
14
but not more than 2.5 percent, of any amounts appro-
15
priated for programs authorized under such Act shall be
16
made available for the evaluation (directly, or by grants
17
or contracts) of the implementation and effectiveness of
18
such programs.
19
(TRANSFER OF FUNDS)
20
SEC. 205. Not to exceed 1 percent of any discre-
21
tionary funds (pursuant to the Balanced Budget and
22
Emergency Deficit Control Act of 1985) which are appro-
23
priated for the current fiscal year for HHS in this Act
24
may be transferred between appropriations, but no such
25
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appropriation shall be increased by more than 3 percent
1
by any such transfer: Provided, That the transfer author-
2
ity granted by this section shall not be used to create any
3
new program or to fund any project or activity for which
4
no funds are provided in this Act: Provided further, That
5
the Committees on Appropriations of the House of Rep-
6
resentatives and the Senate are notified at least 15 days
7
in advance of any transfer.
8
SEC. 206. In lieu of the timeframe specified in section
9
338E(c)(2) of the PHS Act, terminations described in
10
such section may occur up to 60 days after the effective
11
date of a contract awarded in fiscal year 2024 under sec-
12
tion 338B of such Act, or at any time if the individual
13
who has been awarded such contract has not received
14
funds due under the contract.
15
SEC. 207. None of the funds appropriated in this Act
16
may be made available to any entity under title X of the
17
PHS Act unless the applicant for the award certifies to
18
the Secretary that it encourages family participation in
19
the decision of minors to seek family planning services and
20
that it provides counseling to minors on how to resist at-
21
tempts to coerce minors into engaging in sexual activities.
22
SEC. 208. Notwithstanding any other provision of
23
law, no provider of services under title X of the PHS Act
24
shall be exempt from any State law requiring notification
25
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or the reporting of child abuse, child molestation, sexual
1
abuse, rape, or incest.
2
SEC. 209. None of the funds appropriated by this Act
3
(including funds appropriated to any trust fund) may be
4
used to carry out the Medicare Advantage program if the
5
Secretary denies participation in such program to an oth-
6
erwise eligible entity (including a Provider Sponsored Or-
7
ganization) because the entity informs the Secretary that
8
it will not provide, pay for, provide coverage of, or provide
9
referrals for abortions: Provided, That the Secretary shall
10
make appropriate prospective adjustments to the capita-
11
tion payment to such an entity (based on an actuarially
12
sound estimate of the expected costs of providing the serv-
13
ice to such entity’s enrollees): Provided further, That noth-
14
ing in this section shall be construed to change the Medi-
15
care program’s coverage for such services and a Medicare
16
Advantage organization described in this section shall be
17
responsible for informing enrollees where to obtain infor-
18
mation about all Medicare covered services.
19
SEC. 210. None of the funds made available in this
20
title may be used, in whole or in part, to advocate or pro-
21
mote gun control.
22
SEC. 211. The Secretary shall make available through
23
assignment not more than 60 employees of the Public
24
Health Service to assist in child survival activities and to
25
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work in AIDS programs through and with funds provided
1
by the Agency for International Development, the United
2
Nations International Children’s Emergency Fund or the
3
World Health Organization.
4
SEC. 212. In order for HHS to carry out inter-
5
national health activities, including HIV/AIDS and other
6
infectious disease, chronic and environmental disease, and
7
other health activities abroad during fiscal year 2024:
8
(1) The Secretary may exercise authority equiv-
9
alent to that available to the Secretary of State in
10
section 2(c) of the State Department Basic Authori-
11
ties Act of 1956. The Secretary shall consult with
12
the Secretary of State and relevant Chief of Mission
13
to ensure that the authority provided in this section
14
is exercised in a manner consistent with section 207
15
of the Foreign Service Act of 1980 and other appli-
16
cable statutes administered by the Department of
17
State.
18
(2) The Secretary is authorized to provide such
19
funds by advance or reimbursement to the Secretary
20
of State as may be necessary to pay the costs of ac-
21
quisition, lease, alteration, renovation, and manage-
22
ment of facilities outside of the United States for
23
the use of HHS. The Department of State shall co-
24
operate fully with the Secretary to ensure that HHS
25
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has secure, safe, functional facilities that comply
1
with applicable regulation governing location, set-
2
back, and other facilities requirements and serve the
3
purposes established by this Act. The Secretary is
4
authorized, in consultation with the Secretary of
5
State, through grant or cooperative agreement, to
6
make available to public or nonprofit private institu-
7
tions or agencies in participating foreign countries,
8
funds to acquire, lease, alter, or renovate facilities in
9
those countries as necessary to conduct programs of
10
assistance for international health activities, includ-
11
ing activities relating to HIV/AIDS and other infec-
12
tious diseases, chronic and environmental diseases,
13
and other health activities abroad.
14
(3) The Secretary is authorized to provide to
15
personnel appointed or assigned by the Secretary to
16
serve abroad, allowances and benefits similar to
17
those provided under chapter 9 of title I of the For-
18
eign Service Act of 1980, and 22 U.S.C. 4081
19
through 4086 and subject to such regulations pre-
20
scribed by the Secretary. The Secretary is further
21
authorized to provide locality-based comparability
22
payments (stated as a percentage) up to the amount
23
of the locality-based comparability payment (stated
24
as a percentage) that would be payable to such per-
25
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sonnel under section 5304 of title 5, United States
1
Code if such personnel’s official duty station were in
2
the District of Columbia. Leaves of absence for per-
3
sonnel under this subsection shall be on the same
4
basis as that provided under subchapter I of chapter
5
63 of title 5, United States Code, or section 903 of
6
the Foreign Service Act of 1980, to individuals serv-
7
ing in the Foreign Service.
8
(TRANSFER OF FUNDS)
9
SEC. 213. The Director of the NIH, jointly with the
10
Director of the Office of AIDS Research, may transfer up
11
to 3 percent among institutes and centers from the total
12
amounts identified by these two Directors as funding for
13
research pertaining to the human immunodeficiency virus:
14
Provided, That the Committees on Appropriations of the
15
House of Representatives and the Senate are notified at
16
least 15 days in advance of any transfer.
17
(TRANSFER OF FUNDS)
18
SEC. 214. Of the amounts made available in this Act
19
for NIH, the amount for research related to the human
20
immunodeficiency virus, as jointly determined by the Di-
21
rector of NIH and the Director of the Office of AIDS Re-
22
search, shall be made available to the ‘‘Office of AIDS
23
Research’’ account. The Director of the Office of AIDS
24
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Research shall transfer from such account amounts nec-
1
essary to carry out section 2353(d)(3) of the PHS Act.
2
SEC. 215. (a) AUTHORITY.—Notwithstanding any
3
other provision of law, the Director of NIH (‘‘Director’’)
4
may use funds authorized under section 402(b)(12) of the
5
PHS Act to enter into transactions (other than contracts,
6
cooperative agreements, or grants) to carry out research
7
identified pursuant to or research and activities described
8
in such section 402(b)(12).
9
(b) PEER REVIEW.—In entering into transactions
10
under subsection (a), the Director may utilize such peer
11
review procedures (including consultation with appropriate
12
scientific experts) as the Director determines to be appro-
13
priate to obtain assessments of scientific and technical
14
merit. Such procedures shall apply to such transactions
15
in lieu of the peer review and advisory council review pro-
16
cedures that would otherwise be required under sections
17
301(a)(3), 405(b)(1)(B), 405(b)(2), 406(a)(3)(A), 492,
18
and 494 of the PHS Act.
19
SEC. 216. Not to exceed $100,000,000 of funds ap-
20
propriated by this Act to the institutes and centers of the
21
National Institutes of Health may be used for alteration,
22
repair, or improvement of facilities, as necessary for the
23
proper and efficient conduct of the activities authorized
24
herein, at not to exceed $5,000,000 per project.
25
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(TRANSFER OF FUNDS)
1
SEC. 217. Of the amounts made available for NIH,
2
1 percent of the amount made available for National Re-
3
search Service Awards (‘‘NRSA’’) shall be made available
4
to the Administrator of the Health Resources and Services
5
Administration to make NRSA awards for research in pri-
6
mary medical care to individuals affiliated with entities
7
who have received grants or contracts under sections 736,
8
739, or 747 of the PHS Act, and 1 percent of the amount
9
made available for NRSA shall be made available to the
10
Director of the Agency for Healthcare Research and Qual-
11
ity to make NRSA awards for health service research.
12
SEC. 218. (a) The Biomedical Advanced Research
13
and Development Authority (‘‘BARDA’’) may enter into
14
a contract, for more than one but no more than 10 pro-
15
gram years, for purchase of research services or of security
16
countermeasures, as that term is defined in section 319F–
17
2(c)(1)(B) of the PHS Act (42 U.S.C. 247d–6b(c)(1)(B)),
18
if—
19
(1) funds are available and obligated—
20
(A) for the full period of the contract or
21
for the first fiscal year in which the contract is
22
in effect; and
23
(B) for the estimated costs associated with
24
a necessary termination of the contract; and
25
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•HR 5894 IH
(2) the Secretary determines that a multi-year
1
contract will serve the best interests of the Federal
2
Government by encouraging full and open competi-
3
tion or promoting economy in administration, per-
4
formance, and operation of BARDA’s programs.
5
(b) A contract entered into under this section—
6
(1) shall include a termination clause as de-
7
scribed by subsection (c) of section 3903 of title 41,
8
United States Code; and
9
(2) shall be subject to the congressional notice
10
requirement stated in subsection (d) of such section.
11
SEC. 219. (a) The Secretary shall publish in the fiscal
12
year 2025 budget justification and on Departmental Web
13
sites information concerning the employment of full-time
14
equivalent Federal employees or contractors for the pur-
15
poses of implementing, administering, enforcing, or other-
16
wise carrying out the provisions of the ACA, and the
17
amendments made by that Act, in the proposed fiscal year
18
and each fiscal year since the enactment of the ACA.
19
(b) With respect to employees or contractors sup-
20
ported by all funds appropriated for purposes of carrying
21
out the ACA (and the amendments made by that Act),
22
the Secretary shall include, at a minimum, the following
23
information:
24
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•HR 5894 IH
(1) For each such fiscal year, the section of
1
such Act under which such funds were appropriated,
2
a statement indicating the program, project, or ac-
3
tivity receiving such funds, the Federal operating di-
4
vision or office that administers such program, and
5
the amount of funding received in discretionary or
6
mandatory appropriations.
7
(2) For each such fiscal year, the number of
8
full-time equivalent employees or contracted employ-
9
ees assigned to each authorized and funded provision
10
detailed in accordance with paragraph (1).
11
(c) In carrying out this section, the Secretary may
12
exclude from the report employees or contractors who—
13
(1) are supported through appropriations en-
14
acted in laws other than the ACA and work on pro-
15
grams that existed prior to the passage of the ACA;
16
(2) spend less than 50 percent of their time on
17
activities funded by or newly authorized in the ACA;
18
or
19
(3) work on contracts for which FTE reporting
20
is not a requirement of their contract, such as fixed-
21
price contracts.
22
SEC. 220. The Secretary shall publish, as part of the
23
fiscal year 2025 budget of the President submitted under
24
section 1105(a) of title 31, United States Code, informa-
25
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tion that details the uses of all funds used by the Centers
1
for Medicare & Medicaid Services specifically for Health
2
Insurance Exchanges for each fiscal year since the enact-
3
ment of the ACA and the proposed uses for such funds
4
for fiscal year 2025. Such information shall include, for
5
each such fiscal year, the amount of funds used for each
6
activity specified under the heading ‘‘Health Insurance
7
Exchange Transparency’’ in the committee report accom-
8
panying this Act.
9
SEC. 221. None of the funds made available by this
10
Act from the Federal Hospital Insurance Trust Fund or
11
the Federal Supplemental Medical Insurance Trust Fund,
12
or transferred from other accounts funded by this Act to
13
the ‘‘Centers for Medicare & Medicaid Services—Program
14
Management’’ account, may be used for payments under
15
section 1342(b)(1) of Public Law 111–148 (relating to
16
risk corridors).
17
(TRANSFER OF FUNDS)
18
SEC. 222. (a) Within 45 days of enactment of this
19
Act, the Secretary shall transfer funds appropriated under
20
section 4002 of the ACA to the accounts specified, in the
21
amounts specified, and for the activities specified under
22
the heading ‘‘Prevention and Public Health Fund’’ in the
23
committee report accompanying this Act.
24
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•HR 5894 IH
(b) Notwithstanding section 4002(c) of the ACA, the
1
Secretary may not further transfer these amounts.
2
(c) Funds transferred for activities authorized under
3
section 2821 of the PHS Act shall be made available with-
4
out reference to section 2821(b) of such Act.
5
SEC. 223. Effective during the period beginning on
6
November 1, 2015 and ending January 1, 2025, any pro-
7
vision of law that refers (including through cross-reference
8
to another provision of law) to the current recommenda-
9
tions of the United States Preventive Services Task Force
10
with respect to breast cancer screening, mammography,
11
and prevention shall be administered by the Secretary in-
12
volved as if—
13
(1) such reference to such current recommenda-
14
tions were a reference to the recommendations of
15
such Task Force with respect to breast cancer
16
screening, mammography, and prevention last issued
17
before 2009; and
18
(2) such recommendations last issued before
19
2009 applied to any screening mammography modal-
20
ity under section 1861(jj) of the Social Security Act
21
(42 U.S.C. 1395x(jj)).
22
(TRANSFER OF FUNDS)
23
SEC. 224. The NIH Director may transfer funds for
24
opioid addiction, opioid alternatives, stimulant misuse and
25
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•HR 5894 IH
addiction, pain management, and addiction treatment to
1
other Institutes and Centers of the NIH to be used for
2
the same purpose 15 days after notifying the Committees
3
on Appropriations of the House of Representatives and the
4
Senate: Provided, That the transfer authority provided in
5
the previous proviso is in addition to any other transfer
6
authority provided by law.
7
SEC. 225. (a) The Secretary shall provide to the
8
Committees on Appropriations of the House of Represent-
9
atives and the Senate:
10
(1) Detailed monthly enrollment figures from
11
the Exchanges established under the Patient Protec-
12
tion and Affordable Care Act of 2010 pertaining to
13
enrollments during the open enrollment period; and
14
(2) Notification of any new or competitive grant
15
awards, including supplements, authorized under
16
section 330 of the Public Health Service Act.
17
(b) The Committees on Appropriations of the House
18
and Senate must be notified at least 2 business days in
19
advance of any public release of enrollment information
20
or the award of such grants.
21
SEC. 226. The Department of Health and Human
22
Services shall provide the Committees on Appropriations
23
of the House of Representatives and Senate a biannual
24
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report 30 days after enactment of this Act on staffing de-
1
scribed in the committee report accompanying this Act.
2
SEC. 227. Funds appropriated in this Act that are
3
available for salaries and expenses of employees of the De-
4
partment of Health and Human Services shall also be
5
available to pay travel and related expenses of such an
6
employee or of a member of his or her family, when such
7
employee is assigned to duty, in the United States or in
8
a U.S. territory, during a period and in a location that
9
are the subject of a determination of a public health emer-
10
gency under section 319 of the Public Health Service Act
11
and such travel is necessary to obtain medical care for
12
an illness, injury, or medical condition that cannot be ade-
13
quately addressed in that location at that time. For pur-
14
poses of this section, the term ‘‘U.S. territory’’ means
15
Guam, the Commonwealth of Puerto Rico, the Northern
16
Mariana Islands, the Virgin Islands, American Samoa, or
17
the Trust Territory of the Pacific Islands.
18
SEC. 228. The Department of Health and Human
19
Services may accept donations from the private sector,
20
nongovernmental organizations, and other groups inde-
21
pendent of the Federal Government for the care of unac-
22
companied alien children (as defined in section 462(g)(2)
23
of the Homeland Security Act of 2002 (6 U.S.C.
24
279(g)(2))) in the care of the Office of Refugee Resettle-
25
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•HR 5894 IH
ment of the Administration for Children and Families, in-
1
cluding medical goods and services, which may include
2
early childhood developmental screenings, school supplies,
3
toys, clothing, and any other items intended to promote
4
the wellbeing of such children.
5
SEC. 229. None of the funds made available in this
6
Act under the heading ‘‘Department of Health and
7
Human Services—Administration for Children and Fami-
8
lies—Refugee and Entrant Assistance’’ may be obligated
9
to a grantee or contractor to house unaccompanied alien
10
children (as such term is defined in section 462(g)(2) of
11
the Homeland Security Act of 2002 (6 U.S.C. 279(g)(2)))
12
in any facility that is not State-licensed for the care of
13
unaccompanied alien children, except in the case that the
14
Secretary determines that housing unaccompanied alien
15
children in such a facility is necessary on a temporary
16
basis due to an influx of such children or an emergency,
17
provided that—
18
(1) the terms of the grant or contract for the
19
operations of any such facility that remains in oper-
20
ation for more than six consecutive months shall re-
21
quire compliance with—
22
(A) the same requirements as licensed
23
placements, as listed in Exhibit 1 of the Flores
24
Settlement Agreement that the Secretary deter-
25
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•HR 5894 IH
mines are applicable to non-State licensed facili-
1
ties; and
2
(B) staffing ratios of one (1) on-duty
3
Youth Care Worker for every eight (8) children
4
or youth during waking hours, one (1) on-duty
5
Youth Care Worker for every sixteen (16) chil-
6
dren or youth during sleeping hours, and clini-
7
cian ratios to children (including mental health
8
providers) as required in grantee cooperative
9
agreements;
10
(2) the Secretary may grant a 60-day waiver
11
for a contractor’s or grantee’s non-compliance with
12
paragraph (1) if the Secretary certifies and provides
13
a report to Congress on the contractor’s or grantee’s
14
good-faith efforts and progress towards compliance;
15
(3) not more than four consecutive waivers
16
under paragraph (2) may be granted to a contractor
17
or grantee with respect to a specific facility;
18
(4) ORR shall ensure full adherence to the
19
monitoring requirements set forth in section 5.5 of
20
its Policies and Procedures Guide as of May 15,
21
2019;
22
(5) for any such unlicensed facility in operation
23
for more than three consecutive months, ORR shall
24
conduct a minimum of one comprehensive moni-
25
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•HR 5894 IH
toring visit during the first three months of oper-
1
ation, with quarterly monitoring visits thereafter;
2
and
3
(6) not later than 60 days after the date of en-
4
actment of this Act, ORR shall brief the Committees
5
on Appropriations of the House of Representatives
6
and the Senate outlining the requirements of ORR
7
for influx facilities including any requirement listed
8
in paragraph (1)(A) that the Secretary has deter-
9
mined are not applicable to non-State licensed facili-
10
ties.
11
SEC. 230. In addition to the existing Congressional
12
notification for formal site assessments of potential influx
13
facilities, the Secretary shall notify the Committees on Ap-
14
propriations of the House of Representatives and the Sen-
15
ate at least 15 days before operationalizing an unlicensed
16
facility, and shall (1) specify whether the facility is hard-
17
sided or soft-sided, and (2) provide analysis that indicates
18
that, in the absence of the influx facility, the likely out-
19
come is that unaccompanied alien children will remain in
20
the custody of the Department of Homeland Security for
21
longer than 72 hours or that unaccompanied alien children
22
will be otherwise placed in danger. Within 60 days of
23
bringing such a facility online, and monthly thereafter, the
24
Secretary shall provide to the Committees on Appropria-
25
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•HR 5894 IH
tions of the House of Representatives and the Senate a
1
report detailing the total number of children in care at
2
the facility, the average length of stay and average length
3
of care of children at the facility, and, for any child that
4
has been at the facility for more than 60 days, their length
5
of stay and reason for delay in release.
6
SEC. 231. None of the funds made available in this
7
Act may be used to prevent a United States Senator or
8
Member of the House of Representatives from entering,
9
for the purpose of conducting oversight, any facility in the
10
United States used for the purpose of maintaining custody
11
of, or otherwise housing, unaccompanied alien children (as
12
defined in section 462(g)(2) of the Homeland Security Act
13
of 2002 (6 U.S.C. 279(g)(2))), provided that such Senator
14
or Member has coordinated the oversight visit with the
15
Office of Refugee Resettlement not less than two business
16
days in advance to ensure that such visit would not inter-
17
fere with the operations (including child welfare and child
18
safety operations) of such facility.
19
SEC. 232. Not later than 14 days after the date of
20
enactment of this Act, and monthly thereafter, the Sec-
21
retary shall submit to the Committees on Appropriations
22
of the House of Representatives and the Senate, and make
23
publicly available online, a report with respect to children
24
who were separated from their parents or legal guardians
25
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•HR 5894 IH
by the Department of Homeland Security (DHS) (regard-
1
less of whether or not such separation was pursuant to
2
an option selected by the children, parents, or guardians),
3
subsequently classified as unaccompanied alien children,
4
and transferred to the care and custody of ORR during
5
the previous month. Each report shall contain the fol-
6
lowing information:
7
(1) the number and ages of children so sepa-
8
rated subsequent to apprehension at or between
9
ports of entry, to be reported by sector where sepa-
10
ration occurred; and
11
(2) the documented cause of separation, as re-
12
ported by DHS when each child was referred.
13
SEC. 233. Funds appropriated in this Act that are
14
available for salaries and expenses of employees of the
15
Centers for Disease Control and Prevention shall also be
16
available for the primary and secondary schooling of eligi-
17
ble dependents of personnel stationed in a U.S. territory
18
as defined in section 229 of this Act at costs not in excess
19
of those paid for or reimbursed by the Department of De-
20
fense.
21
SEC. 234. Section 231 of division B of the Depart-
22
ment of Defense and Labor, Health and Human Services,
23
and Education Appropriations Act, 2019 and Continuing
24
Appropriations Act, 2019 (42 U.S.C. 247d–4a) is amend-
25
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•HR 5894 IH
ed by striking ‘‘Provided further, That the Committees on
1
Appropriations of the House of Representatives’’ and all
2
that follows through ‘‘and all the actual obligations in-
3
curred to date:’’ and inserting the following: ‘‘Provided
4
further, That the Director shall provide to the Committees
5
on Appropriations of the House of Representatives and the
6
Senate, at least 15 days in advance of any transfer or obli-
7
gation of funds made under the authority provided in this
8
section, (1) a notification on the anticipated uses of such
9
funds by program, project, or activity; and (2) a detailed
10
spend plan of anticipated uses of funds, including esti-
11
mated personnel and administrative costs, disaggregated
12
by program, project, or activity: Provided further, That
13
such spend plans shall be updated to include all applicable
14
obligations to date and unobligated amounts and sub-
15
mitted quarterly to such Committees on Appropriations
16
until available funds are fully expended: Provided further,
17
That the Director shall brief such Committees on Appro-
18
priations not later than 15 days after providing such a
19
notification: Provided further, That the Director shall pro-
20
vide to such Committees on a monthly basis a report on
21
all amounts available in the Reserve Fund for the current
22
fiscal year and the preceding two fiscal years, including
23
(1) each individual obligation above $5,000,000; (2) with
24
respect to each such obligation, the notification to which
25
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118
•HR 5894 IH
it relates; and (3) the total amount unobligated in the Re-
1
serve Fund:’’.
2
SEC. 235. Title VIII of division B of the CARES Act
3
(Public Law 116–136) is amended, under the heading
4
‘‘Department of Health and Human Services–Centers for
5
Disease Control and Prevention–CDC-Wide Activities and
6
Program Support’’, by striking ‘‘Provided further, That
7
the Secretary of Health and Human Services, in consulta-
8
tion with the Director of the CDC, shall provide a report
9
to the Committees on Appropriations of the House of Rep-
10
resentatives and the Senate every 14 days, for one year
11
from the date from any such declaration or determination
12
described in the third proviso of section 231 of division
13
B of Public Law 115–245, that details commitment and
14
obligation information for the Reserve Fund during the
15
prior two weeks, as long as such report would detail obli-
16
gations in excess of $5,000,000, and upon the request by
17
such Committees:’’.
18
(RESCISSION)
19
SEC. 236. Of the unobligated balances in the ‘‘Non-
20
recurring Expenses Fund’’ established in section 223 of
21
division G of Public Law 110–161, $1,000,000,000 are
22
hereby rescinded not later than September 30, 2024: Pro-
23
vided, That from any remaining unobligated balances in
24
such Fund, the Secretary of Health and Human Services
25
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•HR 5894 IH
may transfer up to $85,000,000 to ‘‘Department of
1
Health and Human Services—Centers for Disease Control
2
and Prevention—Buildings and Facilities’’ to be merged
3
with and to be available for the same time period as the
4
appropriations to which transferred: Provided further,
5
That, except as otherwise provided in this Act, none of
6
the funds provided by this Act may be obligated for a new
7
program, project, or activity using such Fund for which
8
a notification was not submitted to the Committees on Ap-
9
propriations of the House of Representatives and the Sen-
10
ate prior to the date of enactment of this Act: Provided
11
further, That the Secretary may obligate funds from such
12
Fund for any program, project, or activity for which a no-
13
tification was submitted before the date of enactment of
14
this Act: Provided further, That the Secretary may trans-
15
fer amounts into such Fund: Provided further, That any
16
amounts transferred into such Fund are available for the
17
purposes provided by this section or for which a notifica-
18
tion was submitted to such Committees on Appropriations
19
before the date of enactment of this Act: Provided further,
20
That the authority to transfer amounts under this section
21
is in addition to any other transfer authority in law.
22
SEC. 237. (a) Not later than March 16, 2023, and
23
every 30 days thereafter, the Secretary of Health and
24
Human Services shall submit to the Committee on Appro-
25
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•HR 5894 IH
priations of the House of Representatives and the Com-
1
mittee on Appropriations of the Senate a report with re-
2
spect to Federal expenditures made pursuant to a covered
3
law. Such report shall include the following (if applicable
4
for the period covered by the report):
5
(1) The total amount of funding made available
6
by covered laws (and the amendments made by such
7
laws) that has been obligated to date.
8
(2) A list of each financial award funded, in
9
part or in full, by covered laws (and the amendments
10
made by such laws), including the following informa-
11
tion for each such award:
12
(A) All recipients for which funding has
13
been obligated.
14
(B) The amount of funding that has been
15
obligated for each recipient.
16
(C) The type of award (such as a grant or
17
loan).
18
(3) The number, job title, and duties of any full
19
time equivalent employees who have been hired using
20
the funding made available by covered laws (and the
21
amendments made by such laws).
22
(4) An accounting of such funds that have not
23
yet been obligated.
24
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•HR 5894 IH
(5) The identity of any contractors that have
1
been procured using such funding.
2
(6) The total amount of funding awarded under
3
a covered law that was returned to the Treasury and
4
the specific accounts to which such funds were obli-
5
gated after being so returned.
6
(7) The total amount of such funds that have
7
been transferred out of each account established or
8
funded under a covered law, and with respect to
9
such transferred funds, the information specified in
10
paragraphs (1) through (6).
11
(b) For purposes of this section, the term ‘‘covered
12
law’’ means—
13
(1) section 11004 of Public Law 117–169 (commonly
14
referred to as the ‘‘Inflation Reduction Act of 2022’’);
15
(2) the American Rescue Plan Act (Public Law 117–
16
2) (and the amendments made by such Act); and
17
(3)(A) the third paragraph under the heading ‘‘Office
18
of the Secretary—Public Health and Social Services
19
Emergency Fund’’ of division B of the CARES Act (Pub-
20
lic Law 116–136);
21
(B) the second paragraph under the heading ‘‘Office
22
of the Secretary—Public Health and Social Services
23
Emergency Fund’’ of division B of the Paycheck Protec-
24
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122
•HR 5894 IH
tion Program and Health Care Enhancement Act (Public
1
Law 116–139); and
2
(C) the third paragraph under the heading ‘‘Office
3
of the Secretary—Public Health and Social Services
4
Emergency Fund’’ of the Coronavirus Response and Relief
5
Supplemental Appropriations Act, 2021 (division M of
6
Public Law 117–260).
7
SEC. 238. None of the funds provided in this Act
8
under the heading ‘‘Department of Health and Human
9
Services—Office of the Secretary—General Departmental
10
Management’’ may be used for employee travel.
11
SEC. 239. None of the funds provided in this Act may
12
be used to conduct or support research using human fetal
13
tissue if such tissue is obtained pursuant to an induced
14
abortion.
15
SEC. 240. (a) IN GENERAL.—Notwithstanding any
16
other provision of law, none of the funds made available
17
by this Act may be made available either directly, through
18
a State (including through managed care contracts with
19
a State), or through any other means, to a prohibited enti-
20
ty.
21
(b) PROHIBITED ENTITY.—The term ‘‘prohibited
22
entity’’ means an entity, including its affiliates, subsidi-
23
aries, successors, and clinics—
24
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•HR 5894 IH
(1) that, as of the date of enactment of this
1
Act—
2
(A) is an organization described in section
3
501(c)(3) of the Internal Revenue Code of 1986
4
and exempt from taxation under section 501(a)
5
of such Code;
6
(B) is an essential community provider de-
7
scribed in section 156.235 of title 45, Code of
8
Federal Regulations (as in effect on the date of
9
enactment of this Act), that is primarily en-
10
gaged in family planning services, reproductive
11
health, and related medical care; and
12
(C) performs, or provides any funds to any
13
other entity that performs abortions, other than
14
an abortion performed—
15
(i) in the case of a pregnancy that is
16
the result of an act of rape or incest; or
17
(ii) in the case where a woman suffers
18
from a physical disorder, physical injury,
19
or physical illness that would, as certified
20
by a physician, place the woman in danger
21
of death unless an abortion is performed,
22
including a life endangering physical condi-
23
tion caused by, or arising from, the preg-
24
nancy itself; and
25
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•HR 5894 IH
(2) for which the total amount of Federal
1
grants to such entity, including grants to any affili-
2
ates, subsidiaries, or clinics of such entity, under
3
title X of the Public Health Service Act in fiscal
4
year 2016 exceeded $23,000,000.
5
(c)(1) END OF PROHIBITION.—The definition in
6
subsection (b) shall cease to apply to an entity if such enti-
7
ty certifies that it, including its affiliates, subsidiaries,
8
successors, and clinics, will not perform, and will not pro-
9
vide any funds to any other entity that performs, an abor-
10
tion as described in subsection (b)(1)(C).
11
(2) REPAYMENT.—The Secretary of Health
12
and Human Services shall seek repayment of any
13
Federal assistance received by any entity that had
14
made a certification described in paragraph (1) and
15
subsequently violated the terms of such certification.
16
SEC. 241. None of the funds in this Act may be used
17
to support, administer, oversee, or issue a grant, contract,
18
or cooperative agreement for the purposes of providing in-
19
formation on, promoting access to, or facilitating an abor-
20
tion.
21
SEC. 242. Notwithstanding any other provision of
22
law, no Federal funding may be made available to the
23
EcoHealth Alliance, Inc. located in New York.
24
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•HR 5894 IH
SEC. 243. None of the funds provided in this Act to
1
the Department of Health and Human Services, or pro-
2
vided under a previous or subsequent appropriations Act
3
to such department, or provided from any account in the
4
Treasury of the United States derived by the collection
5
of fees available to such department, may be used to en-
6
force the rule titled ‘‘Medicare and Medicaid Programs;
7
Omnibus COVID-19 Health Care Staff Vaccination’’,
8
which was issued by the Centers for Medicare and Med-
9
icaid Services on November 5, 2021, or any substantially
10
similar rule.
11
SEC. 244. None of the funds in this Act may be used
12
to implement, administer, or enforce Executive Order
13
13988, entitled ‘Preventing and Combating Discrimina-
14
tion on the Basis of Gender Identity or Sexual Orienta-
15
tion,’ published by the Executive Office of the President
16
on January 25, 2021 (86 Fed. Reg. 7023).
17
SEC. 245. Beginning on the fourth day following the
18
date of enactment of this Act, the aggregate dollar amount
19
appropriated under the heading ‘‘Department of Health
20
and Human Services—Office of the Secretary—General
21
Departmental Management’’ shall be reduced by $1,000
22
for each day on which the Secretary of Health and Human
23
Services fails to submit to the Congress the fiscal year
24
2023 and 2024 Moyer Report.
25
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•HR 5894 IH
SEC. 246. None of the funds appropriated under this
1
act may be used to require any project under title X of
2
the PHS Act to refer for abortions: Provided, That no pro-
3
vider of services under title X of the PHS Act shall be
4
required to subvert or operate in conflict with any State
5
law limiting referral for abortion/pregnancy counseling.
6
SEC. 247. Title II of the Public Health Service Act
7
(42 U.S.C. 202 et seq.) is amended by inserting after sec-
8
tion 245 the following:
9
‘‘SEC. 245A. CIVIL ACTION FOR CERTAIN VIOLATIONS.
10
‘‘(a) IN GENERAL.—A qualified party may, in a civil
11
action, obtain appropriate relief with regard to a des-
12
ignated violation.
13
‘‘(b) DEFINITIONS.—For purposes of this section:
14
‘‘(1) DESIGNATED VIOLATION.—The term ‘des-
15
ignated violation’ means an actual or threatened vio-
16
lation of—
17
‘‘(A) section 507(d) of division H of the
18
Consolidated Appropriations Act, 2023 (or any
19
subsequent substantially similar provision); or
20
‘‘(B) any funding condition imposed by the
21
Federal Government pursuant to such section
22
507(d) (or such provision).
23
‘‘(2) QUALIFIED PARTY.—The term ‘qualified
24
party’ means—
25
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•HR 5894 IH
‘‘(A) the Attorney General of the United
1
States;
2
‘‘(B) any attorney general of a State; or
3
‘‘(C) any person or entity adversely af-
4
fected by the designated violation without re-
5
gard to whether such person or entity is a
6
health care provider.
7
‘‘(3) STATE
GOVERNMENTAL
ENTITY.—The
8
term ‘State governmental entity’ means a State, a
9
local government within a State, and any agency or
10
other governmental unit or subdivision of a State, or
11
of such a local government.
12
‘‘(c) ADMINISTRATIVE REMEDIES NOT REQUIRED.—
13
An action under this section may be commenced, and relief
14
may be granted, without regard to whether the party com-
15
mencing the action has sought or exhausted any available
16
administrative remedies.
17
‘‘(d) DEFENDANTS.—An action under this section
18
may be maintained against a Federal agency committing
19
a designated violation described in subsection (b)(1)(A) or
20
any recipient or subrecipient of Federal assistance com-
21
mitting a designated violation described in subsection
22
(b)(1)(B), including a State governmental entity.
23
‘‘(e) NATURE OF RELIEF.—In an action under this
24
section, the court shall grant—
25
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•HR 5894 IH
‘‘(1) all appropriate relief, including injunctive
1
relief, declaratory relief, and compensatory damages
2
to prevent the occurrence, continuance, or repetition
3
of the designated violation and to compensate for
4
losses resulting from the designated violation; and
5
‘‘(2) to a prevailing plaintiff, reasonable attor-
6
neys’ fees and litigation costs.
7
Relief in an action under this section may include money
8
damages even if the defendant is a governmental entity.
9
‘‘(f) ABROGATION OF STATE IMMUNITY.—No State
10
or governmental official that commits a designated viola-
11
tion shall be immune under the Tenth Amendment to the
12
Constitution of the United States, the Eleventh Amend-
13
ment to the Constitution of the United States, or any
14
other source of law, from an action under subsection (a).’’.
15
SEC. 248. None of the funds in this Act may be used
16
to issue or implement as a final rule the proposed rule
17
entitled ‘‘Nondiscrimination in Health Programs and Ac-
18
tivities’’ published by the Department of Health and
19
Human Services in the Federal Register on August 4,
20
2022 (87 Fed. Reg. 47824) (relating to section 1557 of
21
the Affordable Care Act) or any successor or substantially
22
similar rule.
23
This title may be cited as the ‘‘Department of Health
24
and Human Services Appropriations Act, 2024’’.
25
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•HR 5894 IH
TITLE III
1
DEPARTMENT OF EDUCATION
2
OFFICE OF ELEMENTARY AND SECONDARY EDUCATION
3
EDUCATION FOR THE DISADVANTAGED
4
For carrying out title I and subpart 2 of part B of
5
title II of the Elementary and Secondary Education Act
6
of 1965 (referred to in this Act as ‘‘ESEA’’) and section
7
418A of the Higher Education Act of 1965 (referred to
8
in this Act as ‘‘HEA’’), $13,055,290,000, of which
9
$2,126,990,000 shall become available on July 1, 2024,
10
and shall remain available through September 30, 2025,
11
and of which $10,841,177,000 shall become available on
12
October 1, 2024, and shall remain available through Sep-
13
tember 30, 2025, for academic year 2024–2025: Provided,
14
That $1,906,901,000 shall be for basic grants under sec-
15
tion 1124 of the ESEA: Provided further, That up to
16
$5,000,000 of these funds shall be available to the Sec-
17
retary of Education (referred to in this title as ‘‘Sec-
18
retary’’) on October 1, 2023, to obtain annually updated
19
local educational agency-level census poverty data from
20
the Bureau of the Census: Provided further, That
21
$1,362,301,000 shall be for concentration grants under
22
section 1124A of the ESEA: Provided further, That
23
$4,542,550,000 shall be for targeted grants under section
24
1125
of
the
ESEA:
Provided
further,
That
25
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•HR 5894 IH
$4,542,550,000 shall be for education finance incentive
1
grants under section 1125A of the ESEA: Provided fur-
2
ther, That $224,000,000 shall be for carrying out subpart
3
2 of part B of title II: Provided further, That $52,123,000
4
shall be for carrying out section 418A of the HEA.
5
IMPACT AID
6
For carrying out programs of financial assistance to
7
federally affected schools authorized by title VII of the
8
ESEA, $1,618,112,000, of which $1,468,242,000 shall be
9
for basic support payments under section 7003(b),
10
$48,316,000 shall be for payments for children with dis-
11
abilities under section 7003(d), $18,406,000 shall be for
12
construction under section 7007(a), $78,313,000 shall be
13
for Federal property payments under section 7002, and
14
$4,835,000, to remain available until expended, shall be
15
for facilities maintenance under section 7008: Provided,
16
That for purposes of computing the amount of a payment
17
for an eligible local educational agency under section
18
7003(a) for school year 2023–2024, children enrolled in
19
a school of such agency that would otherwise be eligible
20
for payment under section 7003(a)(1)(B) of such Act, but
21
due to the deployment of both parents or legal guardians,
22
or a parent or legal guardian having sole custody of such
23
children, or due to the death of a military parent or legal
24
guardian while on active duty (so long as such children
25
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•HR 5894 IH
reside on Federal property as described in section
1
7003(a)(1)(B)), are no longer eligible under such section,
2
shall be considered as eligible students under such section,
3
provided such students remain in average daily attendance
4
at a school in the same local educational agency they at-
5
tended prior to their change in eligibility status.
6
SCHOOL IMPROVEMENT PROGRAMS
7
For carrying out school improvement activities au-
8
thorized by part B of title I, part A of title II, subpart
9
1 of part A of title IV, part B of title IV, part B of title
10
V, and parts B and C of title VI of the ESEA; the McKin-
11
ney-Vento Homeless Assistance Act; section 203 of the
12
Educational Technical Assistance Act of 2002; the Com-
13
pact of Free Association Amendments Act of 2003; and
14
the Civil Rights Act of 1964, $4,850,428,000, of which
15
$3,053,673,000 shall become available on July 1, 2024,
16
and remain available through September 30, 2025, and
17
of which $1,681,441,000 shall become available on Octo-
18
ber 1, 2024, and shall remain available through September
19
30, 2025, for academic year 2024–2025: Provided, That
20
$1,329,673,000 shall be for part B of title IV: Provided
21
further, That $45,897,000 shall be for part B of title VI,
22
which may be used for construction, renovation, and mod-
23
ernization of any public elementary school, secondary
24
school, or structure related to a public elementary school
25
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•HR 5894 IH
or secondary school that serves a predominantly Native
1
Hawaiian student body, and that the 5 percent limitation
2
in section 6205(b) of the ESEA on the use of funds for
3
administrative purposes shall apply only to direct adminis-
4
trative costs: Provided further, That $44,953,000 shall be
5
for part C of title VI, which shall be awarded on a com-
6
petitive basis, and may be used for construction, and that
7
the 5 percent limitation in section 6305 of the ESEA on
8
the use of funds for administrative purposes shall apply
9
only to direct administrative costs: Provided further, That
10
$24,464,000 shall be available to carry out the Supple-
11
mental Education Grants program for the Federated
12
States of Micronesia and the Republic of the Marshall Is-
13
lands: Provided further, That the Secretary may reserve
14
up to 5 percent of the amount referred to in the previous
15
proviso to provide technical assistance in the implementa-
16
tion of these grants: Provided further, That $215,000,000
17
shall be for part B of title V: Provided further, That
18
$1,380,000,000 shall be available for grants under sub-
19
part 1 of part A of title IV: Provided further, That not-
20
withstanding subsection (a)(3) of section 4103 of such
21
Act, the Secretary may reserve not more than 1 percent
22
under such subsection (a)(3) only for technical assistance.
23
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•HR 5894 IH
INDIAN EDUCATION
1
For expenses necessary to carry out, to the extent
2
not otherwise provided, title VI, part A of the ESEA,
3
$194,746,000, of which $72,000,000 shall be for subpart
4
2 of part A of title VI and $12,365,000 shall be for sub-
5
part 3 of part A of title VI: Provided, That the 5 percent
6
limitation in sections 6115(d), 6121(e), and 6133(g) of
7
the ESEA on the use of funds for administrative purposes
8
shall apply only to direct administrative costs: Provided
9
further, That grants awarded under sections 6132 and
10
6133 of the ESEA with funds provided under this heading
11
may be for a period of up to 5 years.
12
INNOVATION AND IMPROVEMENT
13
For carrying out activities authorized by subparts 1,
14
3, and 4 of part B of title II, and parts C, E, and subparts
15
1 and 4 of part F of title IV of the ESEA, $737,000,000:
16
Provided, That $3,000,000 shall be for subpart 3 of part
17
B of title II and shall be made available without regard
18
to sections 2201 and 2231(b): Provided further, That
19
$450,000,000 shall be for part C of title IV, and shall
20
be made available without regard to section 4311: Pro-
21
vided further, That section 4303(d)(3)(A)(i) shall not
22
apply to the funds available for part C of title IV: Provided
23
further, That of the funds available for part C of title IV,
24
the Secretary shall use not less than $65,000,000 to carry
25
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•HR 5894 IH
out section 4304, up to $140,000,000, to remain available
1
through March 31, 2025, to carry out section 4305(b),
2
and not more than $16,000,000 to carry out the activities
3
in section 4305(a)(3): Provided further, That the Sec-
4
retary shall allow entities receiving grants under section
5
4303 to use up to 10 percent of such grants for activities
6
described in section 4303(b)(2) and up to 5 percent for
7
the activities described in section 4303(c)(1)(C): Provided
8
further, That entities receiving grants under section
9
4304(k) shall not be required to meet the matching re-
10
quirements described in section 4304(k)(2)(C) and (D)
11
and shall not be required to use such grants to support
12
facilities aid programs that allocate funds on a per-pupil
13
basis: Provided further, That notwithstanding section
14
4601(b), $284,000,000 shall be available through Decem-
15
ber 31, 2024 for subpart 1 of part F of title IV.
16
SAFE SCHOOLS AND CITIZENSHIP EDUCATION
17
For carrying out activities authorized by subparts 2
18
and 3 of part F of title IV of the ESEA, $316,000,000,
19
to remain available through December 31, 2024: Provided,
20
That $216,000,000 shall be available for section 4631, of
21
which up to $5,000,000, to remain available until ex-
22
pended, shall be for the Project School Emergency Re-
23
sponse to Violence (Project SERV) program: Provided fur-
24
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•HR 5894 IH
ther, That $100,000,000 shall be available for section
1
4625.
2
SPECIAL EDUCATION
3
For carrying out the Individuals with Disabilities
4
Education Act (IDEA) and the Special Olympics Sport
5
and Empowerment Act of 2004, $15,453,264,000, of
6
which $5,870,321,000 shall become available on July 1,
7
2024, and shall remain available through September 30,
8
2025, and of which $9,283,383,000 shall become available
9
on October 1, 2024, and shall remain available through
10
September 30, 2025, for academic year 2024–2025: Pro-
11
vided, That the amount for section 611(b)(2) of the IDEA
12
shall be equal to the lesser of the amount available for
13
that activity during fiscal year 2023, increased by the
14
amount of inflation as specified in section 619(d)(2)(B)
15
of the IDEA, or the percent change in the funds appro-
16
priated under section 611(i) of the IDEA, but not less
17
than the amount for that activity during fiscal year 2023:
18
Provided further, That the Secretary shall, without regard
19
to section 611(d) of the IDEA, distribute to all other
20
States (as that term is defined in section 611(g)(2)), sub-
21
ject to the third proviso, any amount by which a State’s
22
allocation under section 611, from funds appropriated
23
under
this
heading,
is
reduced
under
section
24
612(a)(18)(B), according to the following: 85 percent on
25
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•HR 5894 IH
the basis of the States’ relative populations of children
1
aged 3 through 21 who are of the same age as children
2
with disabilities for whom the State ensures the avail-
3
ability of a free appropriate public education under this
4
part, and 15 percent to States on the basis of the States’
5
relative populations of those children who are living in pov-
6
erty: Provided further, That the Secretary may not dis-
7
tribute any funds under the previous proviso to any State
8
whose reduction in allocation from funds appropriated
9
under this heading made funds available for such a dis-
10
tribution: Provided further, That the States shall allocate
11
such funds distributed under the second proviso to local
12
educational agencies in accordance with section 611(f):
13
Provided further, That the amount by which a State’s allo-
14
cation under section 611(d) of the IDEA is reduced under
15
section 612(a)(18)(B) and the amounts distributed to
16
States under the previous provisos in fiscal year 2012 or
17
any subsequent year shall not be considered in calculating
18
the awards under section 611(d) for fiscal year 2013 or
19
for any subsequent fiscal years: Provided further, That,
20
notwithstanding the provision in section 612(a)(18)(B) re-
21
garding the fiscal year in which a State’s allocation under
22
section 611(d) is reduced for failure to comply with the
23
requirement of section 612(a)(18)(A), the Secretary may
24
apply the reduction specified in section 612(a)(18)(B) over
25
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•HR 5894 IH
a period of consecutive fiscal years, not to exceed 5, until
1
the entire reduction is applied: Provided further, That the
2
Secretary may, in any fiscal year in which a State’s alloca-
3
tion under section 611 is reduced in accordance with sec-
4
tion 612(a)(18)(B), reduce the amount a State may re-
5
serve under section 611(e)(1) by an amount that bears
6
the same relation to the maximum amount described in
7
that
paragraph
as
the
reduction
under
section
8
612(a)(18)(B) bears to the total allocation the State
9
would have received in that fiscal year under section
10
611(d) in the absence of the reduction: Provided further,
11
That the Secretary shall either reduce the allocation of
12
funds under section 611 for any fiscal year following the
13
fiscal year for which the State fails to comply with the
14
requirement of section 612(a)(18)(A) as authorized by
15
section 612(a)(18)(B), or seek to recover funds under sec-
16
tion 452 of the General Education Provisions Act (20
17
U.S.C. 1234a): Provided further, That the funds reserved
18
under 611(c) of the IDEA may be used to provide tech-
19
nical assistance to States to improve the capacity of the
20
States to meet the data collection requirements of sections
21
616 and 618 and to administer and carry out other serv-
22
ices and activities to improve data collection, coordination,
23
quality, and use under parts B and C of the IDEA: Pro-
24
vided further, That the Secretary may use funds made
25
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•HR 5894 IH
available for the State Personnel Development Grants pro-
1
gram under part D, subpart 1 of IDEA to evaluate pro-
2
gram performance under such subpart: Provided further,
3
That States may use funds reserved for other State-level
4
activities under sections 611(e)(2) and 619(f) of the IDEA
5
to make subgrants to local educational agencies, institu-
6
tions of higher education, other public agencies, and pri-
7
vate non-profit organizations to carry out activities au-
8
thorized by those sections: Provided further, That, not-
9
withstanding section 643(e)(2)(A) of the IDEA, if 5 or
10
fewer States apply for grants pursuant to section 643(e)
11
of such Act, the Secretary shall provide a grant to each
12
State in an amount equal to the maximum amount de-
13
scribed in section 643(e)(2)(B) of such Act: Provided fur-
14
ther, That if more than 5 States apply for grants pursuant
15
to section 643(e) of the IDEA, the Secretary shall award
16
funds to those States on the basis of the States’ relative
17
populations of infants and toddlers except that no such
18
State shall receive a grant in excess of the amount de-
19
scribed in section 643(e)(2)(B) of such Act: Provided fur-
20
ther, That States may use funds allotted under section
21
643(c) of the IDEA to make subgrants to local edu-
22
cational agencies, institutions of higher education, other
23
public agencies, and private non-profit organizations to
24
carry out activities authorized by section 638 of IDEA:
25
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•HR 5894 IH
Provided further, That, notwithstanding section 638 of the
1
IDEA, a State may use funds it receives under section
2
633 of the IDEA to offer continued early intervention
3
services to a child who previously received services under
4
part C of the IDEA from age 3 until the beginning of
5
the school year following the child’s third birthday with
6
parental consent and without regard to the procedures in
7
section 635(c) of the IDEA.
8
REHABILITATION SERVICES
9
For carrying out, to the extent not otherwise pro-
10
vided, the Rehabilitation Act of 1973 and the Helen Keller
11
National
Center
Act,
$4,397,033,000,
of
which
12
$4,253,834,000 shall be for grants for vocational rehabili-
13
tation services under title I of the Rehabilitation Act.
14
SPECIAL INSTITUTIONS FOR PERSONS WITH
15
DISABILITIES
16
AMERICAN PRINTING HOUSE FOR THE BLIND
17
For carrying out the Act to Promote the Education
18
of the Blind of March 3, 1879, $43,431,000.
19
NATIONAL TECHNICAL INSTITUTE FOR THE DEAF
20
For the National Technical Institute for the Deaf
21
under titles I and II of the Education of the Deaf Act
22
of 1986, $92,500,000: Provided, That from the total
23
amount available, the Institute may at its discretion use
24
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•HR 5894 IH
funds for the endowment program as authorized under
1
section 207 of such Act.
2
GALLAUDET UNIVERSITY
3
For the Kendall Demonstration Elementary School,
4
the Model Secondary School for the Deaf, and the partial
5
support of Gallaudet University under titles I and II of
6
the Education of the Deaf Act of 1986, $165,361,000, of
7
which up to $15,000,000, to remain available until ex-
8
pended, shall be for construction, as defined by section
9
201(2) of such Act: Provided, That from the total amount
10
available, the University may at its discretion use funds
11
for the endowment program as authorized under section
12
207 of such Act.
13
CAREER, TECHNICAL, AND ADULT EDUCATION
14
For carrying out, to the extent not otherwise pro-
15
vided, the Carl D. Perkins Career and Technical Edu-
16
cation Act of 2006 (‘‘Perkins Act’’) and the Adult Edu-
17
cation
and
Family
Literacy
Act
(‘‘AEFLA’’),
18
$2,191,436,000, of which $1,400,436,000 shall become
19
available on July 1, 2024, and shall remain available
20
through September 30, 2025, and of which $791,000,000
21
shall become available on October 1, 2024, and shall re-
22
main available through September 30, 2025: Provided,
23
That $25,000,000 shall be available for innovation and
24
modernization grants under such section 114(e) of the
25
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•HR 5894 IH
Perkins Act: Provided further, That of the amounts made
1
available for AEFLA, $13,712,000 shall be for national
2
leadership activities under section 242.
3
STUDENT FINANCIAL ASSISTANCE
4
For carrying out subparts 1 and 10 of part A of title
5
IV of the HEA, $22,475,352,000 which shall remain
6
available through September 30, 2025.
7
The maximum Pell Grant for which a student shall
8
be eligible during award year 2024–2025 shall be $6,335.
9
STUDENT AID ADMINISTRATION
10
For Federal administrative expenses to carry out part
11
D of title I, and subparts 1, 9, and 10 of part A, and
12
parts B, D, and E of title IV of the HEA, and subpart
13
1 of part A of title VII of the Public Health Service Act,
14
$1,769,207,000, to remain available through September
15
30, 2025: Provided, That for student loan contracts
16
awarded prior to October 1, 2017, the Secretary shall
17
allow student loan borrowers who are consolidating Fed-
18
eral student loans to select from any student loan servicer
19
to service their new consolidated student loan: Provided
20
further, That in order to promote accountability and high-
21
quality service to borrowers, the Secretary shall not award
22
funding for any contract solicitation for a new Federal
23
student loan servicing environment, including the solicita-
24
tion for the Federal Student Aid (FSA) Next Generation
25
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•HR 5894 IH
Processing and Servicing Environment, unless such an en-
1
vironment provides for the participation of multiple stu-
2
dent loan servicers that contract directly with the Depart-
3
ment of Education to manage a unique portfolio of bor-
4
rower accounts and the full life-cycle of loans from dis-
5
bursement to pay-off with certain limited exceptions, and
6
allocates student loan borrower accounts to eligible stu-
7
dent loan servicers based on performance: Provided fur-
8
ther, That the Secretary shall provide quarterly briefings
9
to the Committees on Appropriations and Education and
10
Labor of the House of Representatives and the Commit-
11
tees on Appropriations and Health, Education, Labor, and
12
Pensions of the Senate on general progress related to so-
13
licitations for Federal student loan servicing contracts:
14
Provided further, That not later than 60 days after enact-
15
ment of this Act, FSA shall provide to the Committees
16
on Appropriations of the House of Representatives and the
17
Senate a detailed spend plan of anticipated uses of funds
18
made available in this account for fiscal year 2024 and
19
provide quarterly updates on this plan (including contracts
20
awarded, change orders, bonuses paid to staff, reorganiza-
21
tion costs, and any other activity carried out using
22
amounts provided under this heading for fiscal year 2024).
23
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•HR 5894 IH
HIGHER EDUCATION
1
For carrying out, to the extent not otherwise pro-
2
vided, titles III, IV, V, VI, VII, and VIII of the HEA,
3
and section 117 of the Perkins Act, $2,767,239,000: Pro-
4
vided, That notwithstanding any other provision of law,
5
funds made available in this Act to carry out title VI of
6
the HEA may be used to support visits and study in for-
7
eign countries by individuals who are participating in ad-
8
vanced foreign language training and international studies
9
in areas that are vital to United States national security
10
and who plan to apply their language skills and knowledge
11
of these countries in the fields of government, the profes-
12
sions, or international development: Provided further, That
13
of the funds referred to in the preceding proviso up to
14
1 percent may be used for program evaluation, national
15
outreach, and information dissemination activities: Pro-
16
vided further, That up to 1.5 percent of the funds made
17
available under chapter 2 of subpart 2 of part A of title
18
IV of the HEA may be used for evaluation: Provided fur-
19
ther, That section 313(d) of the HEA shall not apply to
20
an institution of higher education that is eligible to receive
21
funding under section 318 of the HEA: Provided further,
22
That of the funds made available under this Act to carry
23
out part B of title III of the HEA, to supplement amounts
24
otherwise available, not less than $10,000,000 shall be for
25
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•HR 5894 IH
grants to part B institutions as defined under section
1
322(2) of the HEA, that are junior or community colleges,
2
as defined in section 312(f) of the HEA: Provided further,
3
That funds in the preceding proviso are in addition to any
4
grant award that any such institution may receive under
5
section 323 of such Act and shall be allocated in accord-
6
ance with the allotments specified under section 324 of
7
such Act.
8
HOWARD UNIVERSITY
9
For
partial
support
of
Howard
University,
10
$301,693,000, of which not less than $3,405,000 shall be
11
for a matching endowment grant pursuant to the Howard
12
University Endowment Act and shall remain available
13
until expended.
14
COLLEGE HOUSING AND ACADEMIC FACILITIES LOANS
15
PROGRAM
16
For Federal administrative expenses to carry out ac-
17
tivities related to existing facility loans pursuant to section
18
121 of the HEA, $321,000.
19
HISTORICALLY BLACK COLLEGE AND UNIVERSITY
20
CAPITAL FINANCING PROGRAM ACCOUNT
21
For the cost of guaranteed loans, $20,150,000, as au-
22
thorized pursuant to part D of title III of the HEA, which
23
shall remain available through September 30, 2025: Pro-
24
vided, That such costs, including the cost of modifying
25
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•HR 5894 IH
such loans, shall be as defined in section 502 of the Con-
1
gressional Budget Act of 1974: Provided further, That
2
these funds are available to subsidize total loan principal,
3
any part of which is to be guaranteed, not to exceed
4
$377,340,824: Provided further, That these funds may be
5
used to support loans to public and private Historically
6
Black Colleges and Universities without regard to the limi-
7
tations within section 344(a) of the HEA.
8
In addition, for administrative expenses to carry out
9
the Historically Black College and University Capital Fi-
10
nancing Program entered into pursuant to part D of title
11
III of the HEA, $528,000.
12
INSTITUTE OF EDUCATION SCIENCES
13
For necessary expenses for the Institute of Education
14
Sciences as authorized by section 208 of the Department
15
of Education Organization Act and carrying out activities
16
authorized by the National Assessment of Educational
17
Progress Authorization Act, section 208 of the Edu-
18
cational Technical Assistance Act of 2002, and section
19
664 of the Individuals with Disabilities Education Act,
20
$707,372,000, which shall remain available through Sep-
21
tember 30, 2025.
22
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DEPARTMENTAL MANAGEMENT
1
PROGRAM ADMINISTRATION
2
For carrying out, to the extent not otherwise pro-
3
vided, the Department of Education Organization Act, in-
4
cluding rental of conference rooms in the District of Co-
5
lumbia and hire of three passenger motor vehicles,
6
$350,000,000: Provided, That none of the funds provided
7
by this Act may be used to support a number of non-career
8
employees that is above the number of non-career employ-
9
ees as of December 31, 2021.
10
OFFICE FOR CIVIL RIGHTS
11
For expenses necessary for the Office for Civil
12
Rights, as authorized by section 203 of the Department
13
of Education Organization Act, $105,000,000.
14
OFFICE OF INSPECTOR GENERAL
15
For expenses necessary for the Office of Inspector
16
General, as authorized by section 212 of the Department
17
of Education Organization Act, $60,000,000, of which
18
$3,000,000 shall be available through September 30,
19
2025.
20
GENERAL PROVISIONS
21
SEC. 301. No funds appropriated in this Act may be
22
used to prevent the implementation of programs of vol-
23
untary prayer and meditation in the public schools.
24
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(TRANSFER OF FUNDS)
1
SEC. 302. Not to exceed 1 percent of any discre-
2
tionary funds (pursuant to the Balanced Budget and
3
Emergency Deficit Control Act of 1985) which are appro-
4
priated for the Department of Education in this Act may
5
be transferred between appropriations, but no such appro-
6
priation shall be increased by more than 3 percent by any
7
such transfer: Provided, That the transfer authority grant-
8
ed by this section shall not be used to create any new pro-
9
gram or to fund any project or activity for which no funds
10
are provided in this Act: Provided further, That the Com-
11
mittees on Appropriations of the House of Representatives
12
and the Senate are notified at least 15 days in advance
13
of any transfer.
14
SEC. 303. Funds appropriated in this Act and con-
15
solidated for evaluation purposes under section 8601(c) of
16
the ESEA shall be available from July 1, 2024, through
17
September 30, 2025.
18
SEC. 304. (a) An institution of higher education that
19
maintains an endowment fund supported with funds ap-
20
propriated for title III or V of the HEA for fiscal year
21
2024 may use the income from that fund to award schol-
22
arships to students, subject to the limitation in section
23
331(c)(3)(B)(i) of the HEA. The use of such income for
24
such purposes, prior to the enactment of this Act, shall
25
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•HR 5894 IH
be considered to have been an allowable use of that in-
1
come, subject to that limitation.
2
(b) Subsection (a) shall be in effect until titles III
3
and V of the HEA are reauthorized.
4
SEC. 305. Section 114(f) of the HEA (20 U.S.C.
5
1011c(f)) shall be applied by substituting ‘‘2024’’ for
6
‘‘2021’’.
7
SEC. 306. Section 458(a)(4) of the HEA (20 U.S.C.
8
1087h(a)) shall be applied by substituting ‘‘2024’’ for
9
‘‘2021’’.
10
SEC. 307. Funds appropriated in this Act under the
11
heading ‘‘Student Aid Administration’’ may be available
12
for payments for student loan servicing to an institution
13
of higher education that services outstanding Federal Per-
14
kins Loans under part E of title IV of the Higher Edu-
15
cation Act of 1965 (20 U.S.C. 1087aa et seq.).
16
SEC. 308. The Secretary may reserve not more than
17
0.5 percent from any amount made available in this Act
18
for an HEA program, except for any amounts made avail-
19
able for subpart 1 of part A of title IV of the HEA, to
20
carry out rigorous and independent evaluations and to col-
21
lect and analyze outcome data for any program authorized
22
by the HEA: Provided, That no funds made available in
23
this Act for the ‘‘Student Aid Administration’’ account
24
shall be subject to the reservation under this section: Pro-
25
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vided further, That any funds reserved under this section
1
shall be available through September 30, 2026: Provided
2
further, That if, under any other provision of law, funds
3
are authorized to be reserved or used for evaluation activi-
4
ties with respect to a program or project, the Secretary
5
may also reserve funds for such program or project for
6
the purposes described in this section so long as the total
7
reservation of funds for such program or project does not
8
exceed any statutory limits on such reservations: Provided
9
further, That not later than 30 days prior to the initial
10
obligation of funds reserved under this section, the Sec-
11
retary shall submit to the Committees on Appropriations
12
of the Senate and the House of Representatives, the Com-
13
mittee on Health, Education, Labor and Pensions of the
14
Senate, and the Committee on Education and Labor of
15
the House of Representatives a plan that identifies the
16
source and amount of funds reserved under this section,
17
the impact on program grantees if funds are withheld for
18
the purposes of this section, and the activities to be carried
19
out with such funds.
20
(INCLUDING TRANSFER OF FUNDS)
21
SEC. 309. Of the amounts appropriated in this Act
22
for ‘‘Institute of Education Sciences’’, up to $19,000,000
23
shall be available for the Secretary of Education (‘‘the
24
Secretary’’) to provide support services to the Institute of
25
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Education Sciences (including, but not limited to informa-
1
tion technology services, lease or procurement of office
2
space, human resource services, financial management
3
services, financial systems support, budget formulation
4
and execution, legal counsel, equal employment oppor-
5
tunity services, physical security, facilities management,
6
acquisition and contract management, grants administra-
7
tion and policy, and enterprise risk management): Pro-
8
vided, That the Secretary shall calculate the actual
9
amounts obligated and expended for such support services
10
by using a standard Department of Education method-
11
ology for allocating the cost of all such support services:
12
Provided further, That the Secretary may transfer any
13
amounts available for IES support services in excess of
14
actual amounts needed for IES support services, as so cal-
15
culated, to the ‘‘Program Administration’’ account from
16
the ‘‘Institute of Education Sciences’’ account: Provided
17
further, That in order to address any shortfall between
18
amounts available for IES support services and amounts
19
needed for IES support services, as so calculated, the Sec-
20
retary may transfer necessary amounts to the ‘‘Institute
21
of Education Sciences’’ account from the ‘‘Program Ad-
22
ministration’’ account: Provided further, That the Com-
23
mittees on Appropriations of the House of Representatives
24
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and the Senate are notified at least 14 days in advance
1
of any transfer made pursuant to this section.
2
(RESCISSION)
3
SEC. 310. Of the unobligated balances in the ‘‘De-
4
partment of Education Nonrecurring Expenses Fund’’ es-
5
tablished in section 313 of division H of Public Law 116–
6
260, $29,000,000 are hereby rescinded not later than Sep-
7
tember 30, 2024: Provided, That from any remaining un-
8
obligated balances in such Fund, the Secretary may trans-
9
fer up to $45,325,000 to ‘‘Howard University’’ for comple-
10
tion of the Howard University hospital, to remain avail-
11
able until expended: Provided further, That, except as oth-
12
erwise provided in this Act, none of the funds provided
13
by this Act may be obligated for a new program, project,
14
or activity using such Fund for which a notification was
15
not submitted to the Committees on Appropriations of the
16
House of Representatives and the Senate before the date
17
of enactment of this Act: Provided further, That the Sec-
18
retary may obligate funds from such Fund for any pro-
19
gram, project, or activity for which a notification was sub-
20
mitted before the date of enactment of this Act: Provided
21
further, That the Secretary may transfer amounts into
22
such Fund: Provided further, That any amounts trans-
23
ferred into such Fund are available for the purposes pro-
24
vided by this section or for which a notification was sub-
25
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•HR 5894 IH
mitted to such Committees on Appropriations before the
1
date of enactment of this Act: Provided further, That the
2
authority to transfer amounts under this section is in ad-
3
dition to any other transfer authority in law.
4
SEC. 311. (a) None of the funds made available by
5
this title may be used to issue or implement as final rules
6
the rules proposed by the Department of Education relat-
7
ing to title IX of the Education Amendments of 1972 (20
8
5 U.S.C. 1681-1688) and described under the heading
9
‘‘Nondiscrimination on the Basis of Sex in Education Pro-
10
grams or Activities Receiving Federal Financial Assist-
11
ance’’ (87 Fed. Reg. 41390; published July 12, 2022).
12
(b) None of the funds made available by this title may
13
be used to issue or implement—
14
(1) as final rules the rules proposed by the De-
15
partment of Education relating title IX of the Edu-
16
cation Amendments of 1972 (20 U.S.C. 1681-1688)
17
and described under the heading ‘‘Nondiscrimination
18
on the Basis of Sex in Education Programs or Ac-
19
tivities Receiving Federal Financial Assistance: Sex-
20
Related Eligibility Criteria for Male and Female
21
Athletic Teams’’ (88 Fed. Reg. 22860; published
22
April 13, 2023), or
23
(2) any rule similar in substance to the pro-
24
posed rules described in paragraph (1) that relates
25
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•HR 5894 IH
to eligibility criteria for participation on athletic
1
teams.
2
SEC. 312. None of the funds made available under
3
this Act may be provided to any public institution of high-
4
er education that denies to a religious student organiza-
5
tion any right, benefit, or privilege that is otherwise af-
6
forded to other student organizations at the institution
7
(including full access to the facilities of the institution and
8
official recognition of the organization by the institution)
9
because of the religious beliefs, practices, speech, leader-
10
ship standards, or standards of conduct of the religious
11
student organization.
12
(RESCISSION)
13
SEC. 313. Of the amounts which are made available
14
to ‘‘Department of Education—Education for the Dis-
15
advantaged’’ on October 1, 2023 by Public Law 117–328,
16
$8,671,399,000 are hereby rescinded.
17
(RESCISSION)
18
SEC. 314. Of the amounts which are made available
19
to ‘‘Department of Education—School Improvement Pro-
20
grams’’ on October 1, 2023 by Public Law 117–328,
21
$1,681,441,000 are hereby rescinded.
22
SEC. 315. None of the funds made available by this
23
Act may be used to—
24
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•HR 5894 IH
(1) implement the waivers and modifications of
1
statutory and regulatory provisions relating to an
2
extension of the suspension of payments on certain
3
loans and waivers of interest on such loans under
4
section 3513 of the CARES Act (20 U.S.C. 1001
5
note), described by the Department of Education in
6
the Federal Register on October 12, 2022 (87 Fed.
7
Reg. 61513 et seq.), and most recently extended in
8
the announcement by the Department of Education
9
on November 22, 2022;
10
(2) take any substantially similar action; or
11
(3) waive any consequences of nonpayment by
12
a borrower in repayment such as delinquency or de-
13
fault.
14
SEC. 316. None of the funds made available by this
15
Act may be used to—
16
(1) implement the modifications of statutory
17
and regulatory provisions relating to debt discharge
18
described by the Department of Education in the
19
Federal Register on October 12, 2022 (87 Fed. Reg.
20
61514), or take any substantially similar action;
21
(2) issue a final rule or otherwise implement
22
the proposed rule on ‘‘Improving Income-Driven Re-
23
payment for the William D. Ford Federal Direct
24
Loan Program’’ published by the Department of
25
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•HR 5894 IH
Education in the Federal Register on January 11,
1
2023 (88 Fed. Reg. 1894 et seq.), or take any sub-
2
stantially similar action; or
3
(3) implement, administer, or enforce parts
4
600, 668, and 685 of title 34, Code of Federal Reg-
5
ulations, (relating to borrower defense to repay-
6
ment), as amended by the final regulations published
7
by the Department of Education in the Federal Reg-
8
ister on November 1, 2022 (87 Fed. Reg. 65904 et
9
seq.) or take any substantially similar action.
10
This title may be cited as the ‘‘Department of Edu-
11
cation Appropriations Act, 2024’’.
12
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•HR 5894 IH
TITLE IV
1
RELATED AGENCIES
2
COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE
3
BLIND OR SEVERELY DISABLED
4
SALARIES AND EXPENSES
5
For expenses necessary for the Committee for Pur-
6
chase From People Who Are Blind or Severely Disabled
7
(referred to in this title as ‘‘the Committee’’) established
8
under section 8502 of title 41, United States Code,
9
$13,124,000: Provided, That in order to authorize any
10
central nonprofit agency designated pursuant to section
11
8503(c) of title 41, United States Code, to perform re-
12
quirements of the Committee as prescribed under section
13
51–3.2 of title 41, Code of Federal Regulations, the Com-
14
mittee shall enter into a written agreement with any such
15
central nonprofit agency: Provided further, That such
16
agreement shall contain such auditing, oversight, and re-
17
porting provisions as necessary to implement chapter 85
18
of title 41, United States Code: Provided further, That
19
such agreement shall include the elements listed under the
20
heading ‘‘Committee For Purchase From People Who Are
21
Blind or Severely Disabled—Written Agreement Ele-
22
ments’’ in the explanatory statement described in section
23
4 of Public Law 114–113 (in the matter preceding division
24
A of that consolidated Act): Provided further, That any
25
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•HR 5894 IH
such central nonprofit agency may not charge a fee under
1
section 51–3.5 of title 41, Code of Federal Regulations,
2
prior to executing a written agreement with the Com-
3
mittee: Provided further, That no less than $3,150,000
4
shall be available for the Office of Inspector General.
5
CORPORATION FOR NATIONAL AND COMMUNITY SERVICE
6
OPERATING EXPENSES
7
For necessary expenses for the Corporation for Na-
8
tional and Community Service (referred to in this title as
9
‘‘CNCS’’) to carry out the Domestic Volunteer Service Act
10
of 1973 (referred to in this title as ‘‘1973 Act’’) and the
11
National and Community Service Act of 1990 (referred
12
to in this title as ‘‘1990 Act’’), $593,347,000, notwith-
13
standing sections 198B(b)(3), 198S(g), 501(a)(4)(C), and
14
501(a)(4)(F) of the 1990 Act: Provided, That of the
15
amounts provided under this heading up to 1 percent of
16
program grant funds may be used to defray the costs of
17
conducting grant application reviews, including the use of
18
outside peer reviewers and electronic management of the
19
grants cycle: Provided further, That for the purposes of
20
carrying out the 1990 Act, satisfying the requirements in
21
section 122(c)(1)(D) may include a determination of need
22
by the local community.
23
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•HR 5894 IH
SALARIES AND EXPENSES
1
For necessary expenses of administration as provided
2
under section 501(a)(5) of the 1990 Act and under section
3
504(a) of the 1973 Act, including payment of salaries, au-
4
thorized travel, hire of passenger motor vehicles, the rental
5
of conference rooms in the District of Columbia, the em-
6
ployment of experts and consultants authorized under 5
7
U.S.C. 3109, and not to exceed $2,500 for official recep-
8
tion and representation expenses, $60,000,000.
9
OFFICE OF INSPECTOR GENERAL
10
For necessary expenses of the Office of Inspector
11
General in carrying out the Inspector General Act of 1978,
12
$7,595,000.
13
ADMINISTRATIVE PROVISIONS
14
SEC. 401. CNCS shall make any significant changes
15
to program requirements, service delivery or policy only
16
through public notice and comment rulemaking. For fiscal
17
year 2024, during any grant selection process, an officer
18
or employee of CNCS shall not knowingly disclose any cov-
19
ered grant selection information regarding such selection,
20
directly or indirectly, to any person other than an officer
21
or employee of CNCS that is authorized by CNCS to re-
22
ceive such information.
23
SEC. 402. AmeriCorps programs receiving grants
24
under the National Service Trust program shall meet an
25
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•HR 5894 IH
overall minimum share requirement of 24 percent for the
1
first 3 years that they receive AmeriCorps funding, and
2
thereafter shall meet the overall minimum share require-
3
ment as provided in section 2521.60 of title 45, Code of
4
Federal Regulations, without regard to the operating costs
5
match requirement in section 121(e) or the member sup-
6
port Federal share limitations in section 140 of the 1990
7
Act, and subject to partial waiver consistent with section
8
2521.70 of title 45, Code of Federal Regulations.
9
SEC. 403. Donations made to CNCS under section
10
196 of the 1990 Act for the purposes of financing pro-
11
grams and operations under titles I and II of the 1973
12
Act or subtitle B, C, D, or E of title I of the 1990 Act
13
shall be used to supplement and not supplant current pro-
14
grams and operations.
15
SEC. 404. In addition to the requirements in section
16
146(a) of the 1990 Act, use of an educational award for
17
the purpose described in section 148(a)(4) shall be limited
18
to individuals who are veterans as defined under section
19
101 of the Act.
20
SEC. 405. For the purpose of carrying out section
21
189D of the 1990 Act—
22
(1) entities described in paragraph (a) of such
23
section shall be considered ‘‘qualified entities’’ under
24
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section 3 of the National Child Protection Act of
1
1993 (‘‘NCPA’’);
2
(2) individuals described in such section shall
3
be considered ‘‘volunteers’’ under section 3 of
4
NCPA; and
5
(3) State Commissions on National and Com-
6
munity Service established pursuant to section 178
7
of the 1990 Act, are authorized to receive criminal
8
history record information, consistent with Public
9
Law 92–544.
10
SEC. 406. Notwithstanding sections 139(b), 146 and
11
147 of the 1990 Act, an individual who successfully com-
12
pletes a term of service of not less than 1,200 hours dur-
13
ing a period of not more than one year may receive a na-
14
tional service education award having a value of 70 per-
15
cent of the value of a national service education award
16
determined under section 147(a) of the Act.
17
(RESCISSION)
18
SEC. 407. Of the unobligated balances available in
19
the ‘‘National Service Trust’’ established in section 102
20
of the National and Community Service Trust Act of
21
1993, $243,000,000 are hereby permanently rescinded,
22
except that no amounts may be rescinded from amounts
23
that were previously designated by the Congress as being
24
for an emergency requirement pursuant to a concurrent
25
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•HR 5894 IH
resolution on the budget or the Balanced Budget and
1
Emergency Deficit Control Act of 1985.
2
FEDERAL MEDIATION AND CONCILIATION SERVICE
3
SALARIES AND EXPENSES
4
For expenses necessary for the Federal Mediation
5
and Conciliation Service (‘‘Service’’) to carry out the func-
6
tions vested in it by the Labor-Management Relations Act,
7
1947, including hire of passenger motor vehicles; for ex-
8
penses necessary for the Labor-Management Cooperation
9
Act of 1978; and for expenses necessary for the Service
10
to carry out the functions vested in it by the Civil Service
11
Reform Act, $53,705,000: Provided, That notwithstanding
12
31 U.S.C. 3302, fees charged, up to full-cost recovery, for
13
special training activities and other conflict resolution
14
services and technical assistance, including those provided
15
to foreign governments and international organizations,
16
and for arbitration services shall be credited to and
17
merged with this account, and shall remain available until
18
expended: Provided further, That fees for arbitration serv-
19
ices shall be available only for education, training, and
20
professional development of the agency workforce: Pro-
21
vided further, That the Director of the Service is author-
22
ized to accept and use on behalf of the United States gifts
23
of services and real, personal, or other property in the aid
24
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•HR 5894 IH
of any projects or functions within the Director’s jurisdic-
1
tion.
2
FEDERAL MINE SAFETY AND HEALTH REVIEW
3
COMMISSION
4
SALARIES AND EXPENSES
5
For expenses necessary for the Federal Mine Safety
6
and Health Review Commission, $18,012,000.
7
INSTITUTE OF MUSEUM AND LIBRARY SERVICES
8
OFFICE OF MUSEUM AND LIBRARY SERVICES: GRANTS
9
AND ADMINISTRATION
10
For carrying out the Museum and Library Services
11
Act of 1996 and the National Museum of African Amer-
12
ican History and Culture Act, $294,800,000.
13
MEDICAID AND CHIP PAYMENT AND ACCESS
14
COMMISSION
15
SALARIES AND EXPENSES
16
For expenses necessary to carry out section 1900 of
17
the Social Security Act, $9,405,000.
18
MEDICARE PAYMENT ADVISORY COMMISSION
19
SALARIES AND EXPENSES
20
For expenses necessary to carry out section 1805 of
21
the Social Security Act, $13,824,000, to be transferred to
22
this appropriation from the Federal Hospital Insurance
23
Trust Fund and the Federal Supplementary Medical In-
24
surance Trust Fund.
25
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•HR 5894 IH
NATIONAL COUNCIL ON DISABILITY
1
SALARIES AND EXPENSES
2
For expenses necessary for the National Council on
3
Disability as authorized by title IV of the Rehabilitation
4
Act of 1973, $3,850,000.
5
NATIONAL LABOR RELATIONS BOARD
6
SALARIES AND EXPENSES
7
For expenses necessary for the National Labor Rela-
8
tions Board to carry out the functions vested in it by the
9
Labor-Management Relations Act, 1947, and other laws,
10
$200,000,000: Provided, That no part of this appropria-
11
tion shall be available to organize or assist in organizing
12
agricultural laborers or used in connection with investiga-
13
tions, hearings, directives, or orders concerning bargaining
14
units composed of agricultural laborers as referred to in
15
section 2(3) of the Act of July 5, 1935, and as amended
16
by the Labor-Management Relations Act, 1947, and as de-
17
fined in section 3(f) of the Act of June 25, 1938, and
18
including in said definition employees engaged in the
19
maintenance and operation of ditches, canals, reservoirs,
20
and waterways when maintained or operated on a mutual,
21
nonprofit basis and at least 95 percent of the water stored
22
or supplied thereby is used for farming purposes.
23
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ADMINISTRATIVE PROVISIONS
1
SEC. 408. None of the funds provided by this Act
2
or previous Acts making appropriations for the National
3
Labor Relations Board may be used to issue any new ad-
4
ministrative directive or regulation that would provide em-
5
ployees any means of voting through any electronic means
6
in an election to determine a representative for the pur-
7
poses of collective bargaining.
8
SEC. 409. No Federal funds may be made available
9
to alter or affect the administration, implementation, or
10
enforcement of the final rule entitled ‘‘Joint Employer
11
Status Under the National Labor Relations Act’’ (86 Fed.
12
Reg. 11184) and dated February 26, 2020.
13
NATIONAL MEDIATION BOARD
14
SALARIES AND EXPENSES
15
For expenses necessary to carry out the provisions
16
of the Railway Labor Act, including emergency boards ap-
17
pointed by the President, $15,113,000.
18
OCCUPATIONAL SAFETY AND HEALTH REVIEW
19
COMMISSION
20
SALARIES AND EXPENSES
21
For expenses necessary for the Occupational Safety
22
and Health Review Commission, $15,449,000.
23
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RAILROAD RETIREMENT BOARD
1
DUAL BENEFITS PAYMENTS ACCOUNT
2
For payment to the Dual Benefits Payments Ac-
3
count, authorized under section 15(d) of the Railroad Re-
4
tirement Act of 1974, $8,000,000, which shall include
5
amounts becoming available in fiscal year 2024 pursuant
6
to section 224(c)(1)(B) of Public Law 98–76; and in addi-
7
tion, an amount, not to exceed 2 percent of the amount
8
provided herein, shall be available proportional to the
9
amount by which the product of recipients and the average
10
benefit received exceeds the amount available for payment
11
of vested dual benefits: Provided, That the total amount
12
provided herein shall be credited in 12 approximately
13
equal amounts on the first day of each month in the fiscal
14
year.
15
FEDERAL PAYMENTS TO THE RAILROAD RETIREMENT
16
ACCOUNTS
17
For payment to the accounts established in the
18
Treasury for the payment of benefits under the Railroad
19
Retirement Act for interest earned on unnegotiated
20
checks, $150,000, to remain available through September
21
30, 2025, which shall be the maximum amount available
22
for payment pursuant to section 417 of Public Law 98–
23
76.
24
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LIMITATION ON ADMINISTRATION
1
For necessary expenses for the Railroad Retirement
2
Board (‘‘Board’’) for administration of the Railroad Re-
3
tirement Act and the Railroad Unemployment Insurance
4
Act, $103,000,000, to be derived in such amounts as de-
5
termined by the Board from the railroad retirement ac-
6
counts and from moneys credited to the railroad unem-
7
ployment insurance administration fund: Provided, That
8
notwithstanding section 7(b)(9) of the Railroad Retire-
9
ment Act this limitation may be used to hire attorneys
10
only through the excepted service: Provided further, That
11
the previous proviso shall not change the status under
12
Federal employment laws of any attorney hired by the
13
Railroad Retirement Board prior to January 1, 2013: Pro-
14
vided further, That notwithstanding section 7(b)(9) of the
15
Railroad Retirement Act, this limitation may be used to
16
hire students attending qualifying educational institutions
17
or individuals who have recently completed qualifying edu-
18
cational programs using current excepted hiring authori-
19
ties established by the Office of Personnel Management.
20
LIMITATION ON THE OFFICE OF INSPECTOR GENERAL
21
For expenses necessary for the Office of Inspector
22
General for audit, investigatory and review activities, as
23
authorized by the Inspector General Act of 1978, not more
24
than $14,000,000, to be derived from the railroad retire-
25
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ment accounts and railroad unemployment insurance ac-
1
count.
2
SOCIAL SECURITY ADMINISTRATION
3
PAYMENTS TO SOCIAL SECURITY TRUST FUNDS
4
For payment to the Federal Old-Age and Survivors
5
Insurance Trust Fund and the Federal Disability Insur-
6
ance Trust Fund, as provided under sections 201(m) and
7
1131(b)(2) of the Social Security Act, $10,000,000.
8
SUPPLEMENTAL SECURITY INCOME PROGRAM
9
For carrying out titles XI and XVI of the Social Se-
10
curity Act, section 401 of Public Law 92–603, section 212
11
of Public Law 93–66, as amended, and section 405 of
12
Public Law 95–216, including payment to the Social Secu-
13
rity trust funds for administrative expenses incurred pur-
14
suant to section 201(g)(1) of the Social Security Act,
15
$45,455,426,000, to remain available until expended: Pro-
16
vided, That any portion of the funds provided to a State
17
in the current fiscal year and not obligated by the State
18
during that year shall be returned to the Treasury: Pro-
19
vided further, That not more than $91,000,000 shall be
20
available for research and demonstrations under sections
21
1110, 1115, and 1144 of the Social Security Act, and re-
22
main available through September 30, 2026.
23
For making, after June 15 of the current fiscal year,
24
benefit payments to individuals under title XVI of the So-
25
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cial Security Act, for unanticipated costs incurred for the
1
current fiscal year, such sums as may be necessary.
2
For making benefit payments under title XVI of the
3
Social Security Act for the first quarter of fiscal year
4
2025, $21,700,000,0000, to remain available until ex-
5
pended.
6
LIMITATION ON ADMINISTRATIVE EXPENSES
7
(INCLUDING TRANSFER OF FUNDS)
8
For necessary expenses, including the hire and pur-
9
chase of two passenger motor vehicles, and not to exceed
10
$20,000 for official reception and representation expenses,
11
not more than $11,951,978,000 may be expended, as au-
12
thorized by section 201(g)(1) of the Social Security Act,
13
from any one or all of the trust funds referred to in such
14
section: Provided, That not less than $2,700,000 shall be
15
for the Social Security Advisory Board: Provided further,
16
That unobligated balances of funds provided under this
17
paragraph at the end of fiscal year 2024 not needed for
18
fiscal year 2024 shall remain available until expended to
19
invest in the Social Security Administration information
20
technology and telecommunications hardware and soft-
21
ware infrastructure, including related equipment and non-
22
payroll administrative expenses associated solely with this
23
information technology and telecommunications infra-
24
structure: Provided further, That the Commissioner of So-
25
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•HR 5894 IH
cial Security shall notify the Committees on Appropria-
1
tions of the House of Representatives and the Senate prior
2
to making unobligated balances available under the au-
3
thority in the previous proviso: Provided further, That re-
4
imbursement to the trust funds under this heading for ex-
5
penditures for official time for employees of the Social Se-
6
curity Administration pursuant to 5 U.S.C. 7131, and for
7
facilities or support services for labor organizations pursu-
8
ant to policies, regulations, or procedures referred to in
9
section 7135(b) of such title shall be made by the Sec-
10
retary of the Treasury, with interest, from amounts in the
11
general fund not otherwise appropriated, as soon as pos-
12
sible after such expenditures are made.
13
In addition, $1,851,000,000 may be expended, as au-
14
thorized by section 201(g)(1) of the Social Security Act,
15
from any one or all of the trust funds referred to in such
16
section, to remain available through March 31, 2025, for
17
the costs associated with continuing disability reviews
18
under titles II and XVI of the Social Security Act, includ-
19
ing work-related continuing disability reviews to determine
20
whether earnings derived from services demonstrate an in-
21
dividual’s ability to engage in substantial gainful activity,
22
for the costs associated with conducting redeterminations
23
of eligibility under title XVI of the Social Security Act,
24
for the costs of co-operative disability investigation units,
25
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and for the costs associated with the prosecution of fraud
1
in the programs and operations of the Social Security Ad-
2
ministration by Special Assistant United States Attorneys:
3
Provided, That, of such amount, $273,000,000 is provided
4
to meet the terms of section 251(b)(2)(B)(ii)(III) of the
5
Balanced Budget and Emergency Deficit Control Act of
6
1985, as amended, and $1,578,000,000 is additional new
7
budget authority specified for purposes of section
8
251(b)(2)(B)(i)(XI) of such Act: Provided further, That,
9
of the additional new budget authority described in the
10
preceding proviso, $18,000,000 may be transferred to the
11
‘‘Office of Inspector General’’, Social Security Administra-
12
tion, for the costs of jointly operated co-operative disability
13
investigation units: Provided further, That such transfer
14
authority is in addition to any other transfer authority
15
provided by law: Provided further, That the Commissioner
16
shall provide to the Congress (at the conclusion of the fis-
17
cal year) a report on the obligation and expenditure of
18
these funds, similar to the reports that were required by
19
section 103(d)(2) of Public Law 104–121 for fiscal years
20
1996 through 2002: Provided further, That none of the
21
funds described in this paragraph shall be available for
22
transfer or reprogramming except as specified in this
23
paragraph.
24
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•HR 5894 IH
In addition, $150,000,000 to be derived from admin-
1
istration fees in excess of $5.00 per supplementary pay-
2
ment collected pursuant to section 1616(d) of the Social
3
Security Act or section 212(b)(3) of Public Law 93–66,
4
which shall remain available until expended: Provided,
5
That to the extent that the amounts collected pursuant
6
to such sections in fiscal year 2024 exceed $150,000,000,
7
the amounts shall be available in fiscal year 2025 only
8
to the extent provided in advance in appropriations Acts.
9
In addition, up to $1,000,000 to be derived from fees
10
collected pursuant to section 303(c) of the Social Security
11
Protection Act, which shall remain available until ex-
12
pended.
13
OFFICE OF INSPECTOR GENERAL
14
(INCLUDING TRANSFER OF FUNDS)
15
For expenses necessary for the Office of Inspector
16
General in carrying out the provisions of the Inspector
17
General Act of 1978, $32,000,000, together with not to
18
exceed $82,665,000, to be transferred and expended as
19
authorized by section 201(g)(1) of the Social Security Act
20
from the Federal Old-Age and Survivors Insurance Trust
21
Fund and the Federal Disability Insurance Trust Fund:
22
Provided, That $2,000,000 shall remain available until ex-
23
pended for information technology modernization, includ-
24
ing related hardware and software infrastructure and
25
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•HR 5894 IH
equipment, and for administrative expenses directly asso-
1
ciated with information technology modernization.
2
In addition, an amount not to exceed 3 percent of
3
the total provided in this appropriation may be transferred
4
from the ‘‘Limitation on Administrative Expenses’’, Social
5
Security Administration, to be merged with this account,
6
to be available for the time and purposes for which this
7
account is available: Provided, That notice of such trans-
8
fers shall be transmitted promptly to the Committees on
9
Appropriations of the House of Representatives and the
10
Senate at least 15 days in advance of any transfer.
11
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TITLE V
1
GENERAL PROVISIONS
2
(TRANSFER OF FUNDS)
3
SEC. 501. The Secretaries of Labor, Health and
4
Human Services, and Education are authorized to transfer
5
unexpended balances of prior appropriations to accounts
6
corresponding to current appropriations provided in this
7
Act. Such transferred balances shall be used for the same
8
purpose, and for the same periods of time, for which they
9
were originally appropriated.
10
SEC. 502. No part of any appropriation contained in
11
this Act shall remain available for obligation beyond the
12
current fiscal year unless expressly so provided herein.
13
SEC. 503. (a) No part of any appropriation contained
14
in this Act or transferred pursuant to section 4002 of
15
Public Law 111–148 shall be used, other than for normal
16
and recognized executive-legislative relationships, for pub-
17
licity or propaganda purposes, for the preparation, dis-
18
tribution, or use of any kit, pamphlet, booklet, publication,
19
electronic communication, radio, television, or video pres-
20
entation designed to support or defeat the enactment of
21
legislation before the Congress or any State or local legis-
22
lature or legislative body, except in presentation to the
23
Congress or any State or local legislature itself, or de-
24
signed to support or defeat any proposed or pending regu-
25
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•HR 5894 IH
lation, administrative action, or order issued by the execu-
1
tive branch of any State or local government, except in
2
presentation to the executive branch of any State or local
3
government itself.
4
(b) No part of any appropriation contained in this
5
Act or transferred pursuant to section 4002 of Public Law
6
111–148 shall be used to pay the salary or expenses of
7
any grant or contract recipient, or agent acting for such
8
recipient, related to any activity designed to influence the
9
enactment of legislation, appropriations, regulation, ad-
10
ministrative action, or Executive order proposed or pend-
11
ing before the Congress or any State government, State
12
legislature or local legislature or legislative body, other
13
than for normal and recognized executive-legislative rela-
14
tionships or participation by an agency or officer of a
15
State, local or tribal government in policymaking and ad-
16
ministrative processes within the executive branch of that
17
government.
18
(c) The prohibitions in subsections (a) and (b) shall
19
include any activity to advocate or promote any proposed,
20
pending or future Federal, State or local tax increase, or
21
any proposed, pending, or future requirement or restric-
22
tion on any legal consumer product, including its sale or
23
marketing, including but not limited to the advocacy or
24
promotion of gun control.
25
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•HR 5894 IH
SEC. 504. The Secretaries of Labor and Education
1
are authorized to make available not to exceed $28,000
2
and $20,000, respectively, from funds available for sala-
3
ries and expenses under titles I and III, respectively, for
4
official reception and representation expenses; the Direc-
5
tor of the Federal Mediation and Conciliation Service is
6
authorized to make available for official reception and rep-
7
resentation expenses not to exceed $5,000 from the funds
8
available for ‘‘Federal Mediation and Conciliation Service,
9
Salaries and Expenses’’; and the Chairman of the Na-
10
tional Mediation Board is authorized to make available for
11
official reception and representation expenses not to ex-
12
ceed $5,000 from funds available for ‘‘National Mediation
13
Board, Salaries and Expenses’’.
14
SEC. 505. When issuing statements, press releases,
15
requests for proposals, bid solicitations and other docu-
16
ments describing projects or programs funded in whole or
17
in part with Federal money, all grantees receiving Federal
18
funds included in this Act, including but not limited to
19
State and local governments and recipients of Federal re-
20
search grants, shall clearly state—
21
(1) the percentage of the total costs of the pro-
22
gram or project which will be financed with Federal
23
money;
24
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•HR 5894 IH
(2) the dollar amount of Federal funds for the
1
project or program; and
2
(3) percentage and dollar amount of the total
3
costs of the project or program that will be financed
4
by non-governmental sources.
5
SEC. 506. (a) None of the funds appropriated in this
6
Act, and none of the funds in any trust fund to which
7
funds are appropriated in this Act, shall be expended for
8
any abortion.
9
(b) None of the funds appropriated in this Act, and
10
none of the funds in any trust fund to which funds are
11
appropriated in this Act, shall be expended for health ben-
12
efits coverage that includes coverage of abortion.
13
(c) The term ‘‘health benefits coverage’’ means the
14
package of services covered by a managed care provider
15
or organization pursuant to a contract or other arrange-
16
ment.
17
SEC. 507. (a) The limitations established in the pre-
18
ceding section shall not apply to an abortion—
19
(1) if the pregnancy is the result of an act of
20
rape or incest; or
21
(2) in the case where a woman suffers from a
22
physical disorder, physical injury, or physical illness,
23
including a life-endangering physical condition
24
caused by or arising from the pregnancy itself, that
25
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•HR 5894 IH
would, as certified by a physician, place the woman
1
in danger of death unless an abortion is performed.
2
(b) Nothing in the preceding section shall be con-
3
strued as prohibiting the expenditure by a State, locality,
4
entity, or private person of State, local, or private funds
5
(other than a State’s or locality’s contribution of Medicaid
6
matching funds).
7
(c) Nothing in the preceding section shall be con-
8
strued as restricting the ability of any managed care pro-
9
vider from offering abortion coverage or the ability of a
10
State or locality to contract separately with such a pro-
11
vider for such coverage with State funds (other than a
12
State’s or locality’s contribution of Medicaid matching
13
funds).
14
(d)(1) None of the funds made available in this Act
15
may be made available to a Federal agency or program,
16
or to a State or local government, if such agency, program,
17
or government subjects any institutional or individual
18
health care entity to discrimination on the basis that the
19
health care entity does not provide, pay for, provide cov-
20
erage of, or refer for abortions.
21
(2) In this subsection, the term ‘‘health care entity’’
22
includes an individual physician or other health care pro-
23
fessional, a hospital, a provider-sponsored organization, a
24
health maintenance organization, a health insurance plan,
25
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•HR 5894 IH
or any other kind of health care facility, organization, or
1
plan.
2
SEC. 508. (a) None of the funds made available in
3
this Act may be used for—
4
(1) the creation of a human embryo or embryos
5
for research purposes; or
6
(2) research in which a human embryo or em-
7
bryos are destroyed, discarded, or knowingly sub-
8
jected to risk of injury or death greater than that
9
allowed for research on fetuses in utero under 45
10
CFR 46.204(b) and section 498(b) of the Public
11
Health Service Act (42 U.S.C. 289g(b)).
12
(b) For purposes of this section, the term ‘‘human
13
embryo or embryos’’ includes any organism, not protected
14
as a human subject under 45 CFR 46 as of the date of
15
the enactment of this Act, that is derived by fertilization,
16
parthenogenesis, cloning, or any other means from one or
17
more human gametes or human diploid cells.
18
SEC. 509. (a) None of the funds made available in
19
this Act may be used for any activity that promotes the
20
legalization of any drug or other substance included in
21
schedule I of the schedules of controlled substances estab-
22
lished under section 202 of the Controlled Substances Act
23
except for normal and recognized executive-congressional
24
communications.
25
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•HR 5894 IH
(b) The limitation in subsection (a) shall not apply
1
when there is significant medical evidence of a therapeutic
2
advantage to the use of such drug or other substance or
3
that federally sponsored clinical trials are being conducted
4
to determine therapeutic advantage.
5
SEC. 510. None of the funds made available in this
6
Act may be used to promulgate or adopt any final stand-
7
ard under section 1173(b) of the Social Security Act pro-
8
viding for, or providing for the assignment of, a unique
9
health identifier for an individual (except in an individ-
10
ual’s capacity as an employer or a health care provider),
11
until legislation is enacted specifically approving the
12
standard.
13
SEC. 511. None of the funds made available in this
14
Act may be obligated or expended to enter into or renew
15
a contract with an entity if—
16
(1) such entity is otherwise a contractor with
17
the United States and is subject to the requirement
18
in 38 U.S.C. 4212(d) regarding submission of an
19
annual report to the Secretary of Labor concerning
20
employment of certain veterans; and
21
(2) such entity has not submitted a report as
22
required by that section for the most recent year for
23
which such requirement was applicable to such enti-
24
ty.
25
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•HR 5894 IH
SEC. 512. None of the funds made available in this
1
Act may be transferred to any department, agency, or in-
2
strumentality of the United States Government, except
3
pursuant to a transfer made by, or transfer authority pro-
4
vided in, this Act or any other appropriation Act.
5
SEC. 513. None of the funds made available by this
6
Act to carry out the Library Services and Technology Act
7
may be made available to any library covered by para-
8
graph (1) of section 224(f) of such Act, as amended by
9
the Children’s Internet Protection Act, unless such library
10
has made the certifications required by paragraph (4) of
11
such section.
12
SEC. 514. (a) None of the funds provided under this
13
Act, or provided under previous appropriations Acts to the
14
agencies funded by this Act that remain available for obli-
15
gation or expenditure in fiscal year 2024, or provided from
16
any accounts in the Treasury of the United States derived
17
by the collection of fees available to the agencies funded
18
by this Act, shall be available for obligation or expenditure
19
through a reprogramming of funds that—
20
(1) creates new programs;
21
(2) eliminates a program, project, or activity;
22
(3) increases funds or personnel by any means
23
for any project or activity for which funds have been
24
denied or restricted;
25
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•HR 5894 IH
(4) relocates an office or employees;
1
(5) reorganizes or renames offices;
2
(6) reorganizes programs or activities; or
3
(7) contracts out or privatizes any functions or
4
activities presently performed by Federal employees;
5
unless the Committees on Appropriations of the House of
6
Representatives and the Senate are consulted 15 days in
7
advance of such reprogramming or of an announcement
8
of intent relating to such reprogramming, whichever oc-
9
curs earlier, and are notified in writing 10 days in advance
10
of such reprogramming.
11
(b) None of the funds provided under this Act, or
12
provided under previous appropriations Acts to the agen-
13
cies funded by this Act that remain available for obligation
14
or expenditure in fiscal year 2024, or provided from any
15
accounts in the Treasury of the United States derived by
16
the collection of fees available to the agencies funded by
17
this Act, shall be available for obligation or expenditure
18
through a reprogramming of funds in excess of $500,000
19
or 10 percent, whichever is less, that—
20
(1) augments existing programs, projects (in-
21
cluding construction projects), or activities;
22
(2) reduces by 10 percent funding for any exist-
23
ing program, project, or activity, or numbers of per-
24
sonnel by 10 percent as approved by Congress; or
25
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(3) results from any general savings from a re-
1
duction in personnel which would result in a change
2
in existing programs, activities, or projects as ap-
3
proved by Congress;
4
unless the Committees on Appropriations of the House of
5
Representatives and the Senate are consulted 15 days in
6
advance of such reprogramming or of an announcement
7
of intent relating to such reprogramming, whichever oc-
8
curs earlier, and are notified in writing 10 days in advance
9
of such reprogramming.
10
SEC. 515. (a) None of the funds made available in
11
this Act may be used to request that a candidate for ap-
12
pointment to a Federal scientific advisory committee dis-
13
close the political affiliation or voting history of the can-
14
didate or the position that the candidate holds with re-
15
spect to political issues not directly related to and nec-
16
essary for the work of the committee involved.
17
(b) None of the funds made available in this Act may
18
be used to disseminate information that is deliberately
19
false or misleading.
20
SEC. 516. Within 45 days of enactment of this Act,
21
each department and related agency funded through this
22
Act shall submit an operating plan that details at the pro-
23
gram, project, and activity level any funding allocations
24
for fiscal year 2024 that are different than those specified
25
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•HR 5894 IH
in this Act, the accompanying detailed table in the com-
1
mittee report accompanying this Act, or the fiscal year
2
2024 budget request.
3
SEC. 517. The Secretaries of Labor, Health and
4
Human Services, and Education shall each prepare and
5
submit to the Committees on Appropriations of the House
6
of Representatives and the Senate a report on the number
7
and amount of contracts, grants, and cooperative agree-
8
ments exceeding $500,000, individually or in total for a
9
particular project, activity, or programmatic initiative, in
10
value and awarded by the Department on a non-competi-
11
tive basis during each quarter of fiscal year 2024, but not
12
to include grants awarded on a formula basis or directed
13
by law. Such report shall include the name of the con-
14
tractor or grantee, the amount of funding, the govern-
15
mental purpose, including a justification for issuing the
16
award on a non-competitive basis. Such report shall be
17
transmitted to the Committees within 30 days after the
18
end of the quarter for which the report is submitted.
19
SEC. 518. None of the funds appropriated in this Act
20
shall be expended or obligated by the Commissioner of So-
21
cial Security, for purposes of administering Social Security
22
benefit payments under title II of the Social Security Act,
23
to process any claim for credit for a quarter of coverage
24
based on work performed under a social security account
25
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•HR 5894 IH
number that is not the claimant’s number and the per-
1
formance of such work under such number has formed the
2
basis for a conviction of the claimant of a violation of sec-
3
tion 208(a)(6) or (7) of the Social Security Act.
4
SEC. 519. None of the funds appropriated by this Act
5
may be used by the Commissioner of Social Security or
6
the Social Security Administration to pay the compensa-
7
tion of employees of the Social Security Administration
8
to administer Social Security benefit payments, under any
9
agreement between the United States and Mexico estab-
10
lishing totalization arrangements between the social secu-
11
rity system established by title II of the Social Security
12
Act and the social security system of Mexico, which would
13
not otherwise be payable but for such agreement.
14
SEC. 520. (a) None of the funds made available in
15
this Act may be used to maintain or establish a computer
16
network unless such network blocks the viewing,
17
downloading, and exchanging of pornography.
18
(b) Nothing in subsection (a) shall limit the use of
19
funds necessary for any Federal, State, tribal, or local law
20
enforcement agency or any other entity carrying out crimi-
21
nal investigations, prosecution, or adjudication activities.
22
SEC. 521. For purposes of carrying out Executive
23
Order 13589, Office of Management and Budget Memo-
24
randum M–12–12 dated May 11, 2012, and requirements
25
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•HR 5894 IH
contained in the annual appropriations bills relating to
1
conference attendance and expenditures:
2
(1) the operating divisions of HHS shall be con-
3
sidered independent agencies; and
4
(2) attendance at and support for scientific con-
5
ferences shall be tabulated separately from and not
6
included in agency totals.
7
SEC. 522. Federal agencies funded under this Act
8
shall clearly state within the text, audio, or video used for
9
advertising or educational purposes, including emails or
10
Internet postings, that the communication is printed, pub-
11
lished, or produced and disseminated at United States tax-
12
payer expense. The funds used by a Federal agency to
13
carry out this requirement shall be derived from amounts
14
made available to the agency for advertising or other com-
15
munications regarding the programs and activities of the
16
agency.
17
SEC. 523. (a) Federal agencies may use Federal dis-
18
cretionary funds that are made available in this Act to
19
carry out up to 10 Performance Partnership Pilots. Such
20
Pilots shall be governed by the provisions of section 526
21
of division H of Public Law 113–76, except that in car-
22
rying out such Pilots section 526 shall be applied by sub-
23
stituting ‘‘Fiscal Year 2024’’ for ‘‘Fiscal Year 2014’’ in
24
the title of subsection (b) and by substituting ‘‘September
25
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•HR 5894 IH
30, 2028’’ for ‘‘September 30, 2018’’ each place it ap-
1
pears: Provided, That such pilots shall include commu-
2
nities that have experienced civil unrest.
3
(b) In addition, Federal agencies may use Federal
4
discretionary funds that are made available in this Act to
5
participate in Performance Partnership Pilots that are
6
being carried out pursuant to the authority provided by
7
section 526 of division H of Public Law 113–76, section
8
524 of division G of Public Law 113–235, section 525 of
9
division H of Public Law 114–113, section 525 of division
10
H of Public Law 115–31, section 525 of division H of
11
Public Law 115–141, section 524 of division A of Public
12
Law 116–94, section 524 of division H of Public Law
13
116–260, and section 523 of division H of Public Law
14
117–103.
15
(c) Pilot sites selected under authorities in this Act
16
and prior appropriations Acts may be granted by relevant
17
agencies up to an additional 5 years to operate under such
18
authorities.
19
SEC. 524. Not later than 30 days after the end of
20
each calendar quarter, beginning with the first month of
21
fiscal year 2024 the Departments of Labor, Health and
22
Human Services and Education and the Social Security
23
Administration shall provide the Committees on Appro-
24
priations of the House of Representatives and Senate a
25
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•HR 5894 IH
report on the status of balances of appropriations: Pro-
1
vided, That for balances that are unobligated and uncom-
2
mitted, committed, and obligated but unexpended, the
3
monthly reports shall separately identify the amounts at-
4
tributable to each source year of appropriation (beginning
5
with fiscal year 2012, or, to the extent feasible, earlier
6
fiscal years) from which balances were derived.
7
SEC. 525. The Departments of Labor, Health and
8
Human Services, and Education shall provide to the Com-
9
mittees on Appropriations of the House of Representatives
10
and the Senate a comprehensive list of any new or com-
11
petitive grant award notifications, including supplements,
12
issued at the discretion of such Departments not less than
13
3 full business days before any entity selected to receive
14
a grant award is announced by the Department or its of-
15
fices (other than emergency response grants at any time
16
of the year or for grant awards made during the last 10
17
business days of the fiscal year, or if applicable, of the
18
program year).
19
SEC. 526. Notwithstanding any other provision of
20
this Act, no funds appropriated in this Act shall be used
21
to purchase sterile needles or syringes for the hypodermic
22
injection of any illegal drug: Provided, That such limita-
23
tion does not apply to the use of funds for elements of
24
a program other than making such purchases if the rel-
25
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188
•HR 5894 IH
evant State or local health department, in consultation
1
with the Centers for Disease Control and Prevention, de-
2
termines that the State or local jurisdiction, as applicable,
3
is experiencing, or is at risk for, a significant increase in
4
hepatitis infections or an HIV outbreak due to injection
5
drug use, and such program is operating in accordance
6
with State and local law.
7
SEC. 527. (a) Each department and related agency
8
funded through this Act shall provide answers to questions
9
submitted for the record by members of any congressional
10
committee within 45 business days after receipt.
11
(b) There is rescinded an amount equal to $1,000 for
12
each day of the noncompliance period described in sub-
13
section (c) from an account listed in subsection (d).
14
(c) The noncompliance period under subsection (b)
15
means the period beginning on the first day following the
16
failure to comply with the deadline described in subsection
17
(a) and ending on the date on which the department or
18
agency becomes compliant.
19
(d) Any rescission under subsection (b) shall be from
20
the applicable following account of the noncompliant de-
21
partment or agency:
22
(1)‘‘Department of Health and Human Serv-
23
ices—Office of the Secretary—General Depart-
24
mental Management’’
25
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•HR 5894 IH
(2)
‘‘Department
of
Labor—Departmental
1
Management—Salaries and Expenses’’
2
(3) ‘‘Department of Education—Departmental
3
Management—Program Administration’’
4
SEC. 528. Of amounts deposited in the Child Enroll-
5
ment Contingency Fund under section 2104(n)(2) of the
6
Social Security Act and the income derived from invest-
7
ment of those funds pursuant to section 2104(n)(2)(C) of
8
that Act, $13,493,000,000 shall not be available for obli-
9
gation in this fiscal year.
10
SEC. 529. (a) This section applies to: (1) the Admin-
11
istration for Children and Families in the Department of
12
Health and Human Services; and (2) the Chief Evaluation
13
Office and the statistical-related cooperative and inter-
14
agency agreements and contracting activities of the Bu-
15
reau of Labor Statistics in the Department of Labor.
16
(b) Amounts made available under this Act which are
17
either appropriated, allocated, advanced on a reimbursable
18
basis, or transferred to the functions and organizations
19
identified in subsection (a) for research, evaluation, or sta-
20
tistical purposes shall be available for obligation through
21
September 30, 2028: Provided, That when an office ref-
22
erenced in subsection (a) receives research and evaluation
23
funding from multiple appropriations, such offices may
24
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190
•HR 5894 IH
use a single Treasury account for such activities, with
1
funding advanced on a reimbursable basis.
2
(c) Amounts referenced in subsection (b) that are un-
3
expended at the time of completion of a contract, grant,
4
or cooperative agreement may be deobligated and shall im-
5
mediately become available and may be reobligated in that
6
fiscal year or the subsequent fiscal year for the research,
7
evaluation, or statistical purposes for which such amounts
8
are available.
9
SEC. 530. None of the funds made available by this
10
Act may be used to carry out any program, project, or
11
activity that promotes or advances Critical Race Theory
12
or any concept associated with Critical Race Theory.
13
SEC. 531. None of the funds appropriated or other-
14
wise made available by this Act may be made available
15
to implement, administer, apply, enforce, or carry out Ex-
16
ecutive Order 13985 of January 20, 2021 (86 Fed. Reg.
17
7009, relating to advancing racial equity and support for
18
under-served communities through the Federal Govern-
19
ment), Executive Order 14035 of June 25, 2021 (86 Fed.
20
Reg. 34593, relating to diversity, equity, inclusion, and
21
accessibility in the federal workforce), or Executive Order
22
14091 of February 16, 2023 (88 Fed. Reg. 10825 relating
23
to further advancing racial equity and support for under-
24
served communities through the federal government).
25
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•HR 5894 IH
SEC. 532. None of the funds made available by this
1
Act may be made available to support, directly or indi-
2
rectly, the Wuhan Institute of Virology, or any laboratory
3
owned or controlled by the governments of the People’s
4
Republic of China, the Republic of Cuba, the Islamic Re-
5
public of Iran, The Democratic People’s Republic of
6
Korea, the Russian Federation, the Bolivarian Republic
7
of Venezuela under the regime of Nicola´s Maduro Moros,
8
or any other country determined by the Secretary of State
9
to be a foreign adversary.
10
SEC. 533. None of the funds made available by this
11
Act may be used, either directly or indirectly, to conduct
12
or support any gain-of-function research involving a poten-
13
tial pandemic pathogen by any country determined by the
14
Secretary of State to be a foreign adversary including the
15
People’s Republic of China, the Republic of Cuba, the Is-
16
lamic Republic of Iran, The Democratic People’s Republic
17
of Korea, the Russian Federation, or the Bolivarian Re-
18
public of Venezuela under the regime of Nicola´s Maduro
19
Moros.
20
SEC. 534. None of the funds made available by this
21
Act may be used for surgical procedures or hormone thera-
22
pies for the purposes of gender affirming care.
23
SEC. 535. None of the funds made available by this
24
Act may be used to implement, administer, apply, enforce,
25
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•HR 5894 IH
or carry out any diversity, equity, and inclusion office, pro-
1
gram, or training.
2
SEC. 536. None of the funds made available by this
3
Act may be used to implement, administer, or enforce Ex-
4
ecutive Order 14076 (Protecting Access to Reproductive
5
Healthcare Services) or Executive Order 14079 (Securing
6
Access to Reproductive and Other Healthcare Services).
7
SEC. 537. (a) In general.—Notwithstanding section
8
7 of title 1, United States Code, section 1738C of title
9
28, United States Code, or any other provision of law,
10
none of the funds provided by this Act, or previous appro-
11
priations Acts, shall be used in whole or in part to take
12
any discriminatory action against a person, wholly or par-
13
tially, on the basis that such person speaks, or acts, in
14
accordance with a sincerely held religious belief, or moral
15
conviction, that marriage is, or should be recognized as,
16
a union of one man and one woman.
17
(b) Discriminatory action defined.—As used in sub-
18
section (a), a discriminatory action means any action
19
taken by the Federal Government to—
20
(1) alter in any way the Federal tax treatment
21
of, or cause any tax, penalty, or payment to be as-
22
sessed against, or deny, delay, or revoke an exemp-
23
tion from taxation under section 501(a) of the Inter-
24
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•HR 5894 IH
nal Revenue Code of 1986 of, any person referred to
1
in subsection (a);
2
(2) disallow a deduction for Federal tax pur-
3
poses of any charitable contribution made to or by
4
such person;
5
(3) withhold, reduce the amount or funding for,
6
exclude, terminate, or otherwise make unavailable or
7
deny, any Federal grant, contract, subcontract, co-
8
operative agreement, guarantee, loan, scholarship, li-
9
cense, certification, accreditation, employment, or
10
other similar position or status from or to such per-
11
son;
12
(4) withhold, reduce, exclude, terminate, or oth-
13
erwise make unavailable or deny, any entitlement or
14
benefit under a Federal benefit program, including
15
admission to, equal treatment in, or eligibility for a
16
degree from an educational program, from or to
17
such person; or
18
(5) withhold, reduce, exclude, terminate, or oth-
19
erwise make unavailable or deny access or an entitle-
20
ment to Federal property, facilities, educational in-
21
stitutions, speech fora (including traditional, limited,
22
and nonpublic fora), or charitable fundraising cam-
23
paigns from or to such person.
24
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•HR 5894 IH
(c) Accreditation; Licensure; Certification.—The
1
Federal Government shall consider accredited, licensed, or
2
certified for purposes of Federal law any person that
3
would be accredited, licensed, or certified, respectively, for
4
such purposes but for a determination against such person
5
wholly or partially on the basis that the person speaks,
6
or acts, in accordance with a sincerely held religious belief
7
or moral conviction described in subsection (a).
8
(RESCISSION)
9
SEC. 538. Of the unobligated balances in the ‘‘Non-
10
recurring Expenses Fund’’ established in section 111(a)
11
of division B of Public Law 116–93, $11,000,000,000 are
12
hereby permanently rescinded.
13
(RESCISSION)
14
SEC. 539. Of the unobligated balances available in
15
Public Law 117-169, $9,774,000,000 available under sec-
16
tion 10301(1)(A)(iii) as of the date of the enactment of
17
this Act are permanently rescinded.
18
SEC. 540. None of the funds made available by this
19
Act may be used by the Secretaries of Labor, Health and
20
Human Services, or Education, the Commissioner of the
21
Social Security Administration, or the head of any other
22
agency funded in this Act to fly or display a flag over
23
a federal facility other than the flag of the United States;
24
the flag of a State, territory, or the District of Columbia;
25
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•HR 5894 IH
the flag of an Indian Tribal Government; the official flag
1
of a U.S. Department or agency; or the POW/MIA flag.
2
SPENDING REDUCTION ACCOUNT
3
SEC. 541. The amount by which the applicable alloca-
4
tion of new budget authority made by the Committee on
5
Appropriations of the House of Representatives under sec-
6
tion 302(b) of the Congressional Budget Act of 1974 ex-
7
ceeds the amount of proposed new budget authority is $0.
8
This division may be cited as the ‘‘Departments of
9
Labor, Health and Human Services, and Education, and
10
Related Agencies Appropriations Act, 2024’’.
11
Æ
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