I
118
TH
CONGRESS
1
ST
S
ESSION
H. R. 5860
Making continuing appropriations for fiscal year 2024, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
S
EPTEMBER
30, 2023
Ms. G
RANGER
introduced the following bill; which was referred to the Com-
mittee on Appropriations, and in addition to the Committees on the
Budget, and Ways and Means, for a period to be subsequently deter-
mined by the Speaker, in each case for consideration of such provisions
as fall within the jurisdiction of the committee concerned; considered and
passed
A BILL
Making continuing appropriations for fiscal year 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
SECTION 1. SHORT TITLE. 3
This Act may be cited as the ‘‘Continuing Appropria-4
tions Act, 2024 and Other Extensions Act’’. 5
SEC. 2. TABLE OF CONTENTS. 6
The table of contents of this Act is as follows: 7
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.
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DIVISION A—CONTINUING APPROPRIATIONS ACT, 2024
DIVISION B—OTHER MATTERS
TITLE I—EXTENSIONS AND OTHER MATTERS
TITLE II—FAA EXTENSION
TITLE III—HEALTH AND HUMAN SERVICES
TITLE IV—BUDGETARY EFFECTS
SEC. 3. REFERENCES.
1
Except as expressly provided otherwise, any reference 2
to ‘‘this Act’’ contained in any division of this Act shall 3
be treated as referring only to the provisions of that divi-4
sion. 5
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DIVISION A—CONTINUING 1
APPROPRIATIONS ACT, 2024 2
The following sums are hereby appropriated, out of 3
any money in the Treasury not otherwise appropriated, 4
and out of applicable corporate or other revenues, receipts, 5
and funds, for the several departments, agencies, corpora-6
tions, and other organizational units of Government for 7
fiscal year 2024, and for other purposes, namely: 8
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. 101. Such amounts as may be necessary, at a 9
rate for operations as provided in the applicable appro-10
priations Acts for fiscal year 2023 and under the authority 11
and conditions provided in such Acts, for continuing 12
projects or activities (including the costs of direct loans 13
and loan guarantees) that are not otherwise specifically 14
provided for in this Act, that were conducted in fiscal year 15
2023, and for which appropriations, funds, or other au-16
thority were made available in the following appropriations 17
Acts: 18
(1) The Agriculture, Rural Development, Food 19
and Drug Administration, and Related Agencies Ap-20
propriations Act, 2023 (division A of Public Law 21
117–328), except section 729, and including the 22
matter under the headings ‘‘Food for Peace Title II 23
Grants’’ and ‘‘McGovern-Dole International Food 24
for Education and Child Nutrition Program Grants’’ 25
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in title I of division M of Public Law 117–328, the 1
matter under the headings ‘‘Agricultural Research 2
Service—Buildings and Facilities’’, ‘‘Food Safety 3
and Inspection Service’’, ‘‘Rural Housing Service— 4
Rural Community Facilities Program Account’’ (ex-5
cept all that follows after ‘‘expended’’ in such matter 6
and except that such matter shall be applied by sub-7
stituting ‘‘$25,300,000’’ for ‘‘$75,300,000’’), and 8
‘‘Rural Utilities Service—Rural Water and Waste 9
Disposal Program Account’’ (except all that follows 10
after ‘‘expended’’ in such matter and except that 11
such matter shall be applied by substituting 12
‘‘$60,000,000’’ for ‘‘$325,000,000’’) in title I of di-13
vision N of Public Law 117–328, and section 2102 14
in title I of such division N. 15
(2) The Commerce, Justice, Science, and Re-16
lated Agencies Appropriations Act, 2023 (division B 17
of Public Law 117–328), except section 540, and ex-18
cept section 521(d)(1) shall be applied by sub-19
stituting ‘‘$122,572,000’’ for ‘‘$705,768,000’’, and 20
including the matter under the headings ‘‘Federal 21
Prison System—Buildings and Facilities’’ and ‘‘Na-22
tional Science Foundation—STEM Education’’ (ex-23
cept all that follows after ‘‘2024’’ in such matter 24
and except that such matter shall be applied by sub-25
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stituting ‘‘$92,000,000’’ for ‘‘$217,000,000’’) in 1
title II of division N of Public Law 117–328, and 2
the second paragraph under each of the headings 3
‘‘National Oceanic and Atmospheric Administra-4
tion—Operations, Research, and Facilities’’ (except 5
all that follows after ‘‘2024’’ in such paragraph and 6
except that such paragraph shall be applied by sub-7
stituting ‘‘$42,000,000’’ for ‘‘$62,000,000’’), ‘‘Na-8
tional Oceanic and Atmospheric Administration— 9
Procurement, Acquisition and Construction’’, ‘‘Na-10
tional Aeronautics and Space Administration—Con-11
struction and Environmental Compliance and Res-12
toration’’, and ‘‘National Science Foundation—Re-13
search and Related Activities’’ (except all that fol-14
lows after ‘‘2024’’ in such paragraph and except 15
that such paragraph shall be applied by substituting 16
‘‘$608,162,000’’ for ‘‘$818,162,000’’) in title II of 17
such division N. 18
(3) The Department of Defense Appropriations 19
Act, 2023 (division C of Public Law 117–328). 20
(4) The Energy and Water Development and 21
Related Agencies Appropriations Act, 2023 (division 22
D of Public Law 117–328), except the first proviso 23
under the heading ‘‘SPR Petroleum Account’’, and 24
except the second paragraph under the heading 25
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‘‘Title 17 Innovative Technology Loan Guarantee 1
Program’’, and including the matter under the head-2
ing ‘‘Energy Programs—Nuclear Energy’’ in title 3
III of division M of Public Law 117–328 and the 4
second paragraph under each of the headings 5
‘‘Corps of Engineers—Civil—Department of the 6
Army—Construction’’ and ‘‘Corps of Engineers— 7
Civil—Department of the Army—Operation and 8
Maintenance’’ in title IV of division N of Public Law 9
117–328. 10
(5) The Financial Services and General Govern-11
ment Appropriations Act, 2023 (division E of Public 12
Law 117–328). 13
(6) The Department of Homeland Security Ap-14
propriations Act, 2023 (division F of Public Law 15
117–328), section 2602 of title VI of division N of 16
Public Law 117–328, and title III of division O of 17
Public Law 117–328. 18
(7) The Department of the Interior, Environ-19
ment, and Related Agencies Appropriations Act, 20
2023 (division G of Public Law 117–328), except 21
section 443, and including the second paragraph 22
under each of the headings ‘‘Department of the In-23
terior—Departmental Offices—Department-Wide 24
Programs—Wildland Fire Management’’ and ‘‘Re-25
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lated Agencies—Department of Agriculture—Forest 1
Service—Wildland Fire Management’’ in title VII of 2
division N of Public Law 117–328. 3
(8) The Departments of Labor, Health and 4
Human Services, and Education, and Related Agen-5
cies Appropriations Act, 2023 (division H of Public 6
Law 117–328), section 145 of division A of Public 7
Law 117–180, and the second paragraph under the 8
heading ‘‘Administration for Children and Fami-9
lies—Low Income Home Energy Assistance’’ in title 10
VIII of division N of Public Law 117–328. 11
(9) The Legislative Branch Appropriations Act, 12
2023 (division I of Public Law 117–328). 13
(10) The Military Construction, Veterans Af-14
fairs, and Related Agencies Appropriations Act, 15
2023 (division J of Public Law 117–328). 16
(11) The Department of State, Foreign Oper-17
ations, and Related Programs Appropriations Act, 18
2023 (division K of Public Law 117–328), except 19
section 7069, and including the matter under the 20
headings ‘‘Department of State—Administration of 21
Foreign Affairs—Diplomatic Programs’’ (except all 22
that follows after ‘‘2024’’ in such matter and except 23
that such matter shall be applied by substituting 24
‘‘$87,054,000’’ for ‘‘$147,054,000’’), ‘‘Bilateral 25
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Economic Assistance—Funds Appropriated to the 1
President—International Disaster Assistance’’ (ex-2
cept all that follows after ‘‘expended’’ in such matter 3
and except that such matter shall be applied by sub-4
stituting ‘‘$637,902,000’’ for ‘‘$937,902,000’’), ‘‘Bi-5
lateral Economic Assistance—Funds Appropriated 6
to the President—Assistance for Europe, Eurasia 7
and Central Asia’’, ‘‘Bilateral Economic Assist-8
ance—Department of State—Migration and Refugee 9
Assistance’’ (except all that follows after ‘‘expended’’ 10
in such matter and except that such matter shall be 11
applied by substituting ‘‘$915,048,000’’ for 12
‘‘$1,535,048,000’’), and ‘‘International Security As-13
sistance—Department of State—International Nar-14
cotics Control and Law Enforcement’’ (except all 15
that follows after ‘‘2024’’ in such matter and except 16
that such matter shall be applied by substituting 17
‘‘$74,996,000’’ for ‘‘$374,996,000’’) in title VII of 18
division M of Public Law 117–328. 19
(12) The Transportation, Housing and Urban 20
Development, and Related Agencies Appropriations 21
Act, 2023 (division L of Public Law 117–328), ex-22
cept sections 153 and 420, and including the matter 23
under the headings ‘‘Public and Indian Housing— 24
Tenant-Based Rental Assistance’’ and ‘‘Housing 25
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Programs—Project-Based Rental Assistance’’ in 1
title X of division N of Public Law 117–328. 2
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. 102. (a) No appropriation or funds made avail-3
able or authority granted pursuant to section 101 for the 4
Department of Defense shall be used for: 5
(1) the new production of items not funded for 6
production in fiscal year 2023 or prior years; 7
(2) the increase in production rates above those 8
sustained with fiscal year 2023 funds; or 9
(3) the initiation, resumption, or continuation 10
of any project, activity, operation, or organization 11
(defined as any project, subproject, activity, budget 12
activity, program element, and subprogram within a 13
program element, and for any investment items de-14
fined as a P–1 line item in a budget activity within 15
an appropriation account and an R–1 line item that 16
includes a program element and subprogram element 17
within an appropriation account) for which appro-18
priations, funds, or other authority were not avail-19
able during fiscal year 2023. 20
(b) No appropriation or funds made available or au-21
thority granted pursuant to section 101 for the Depart-22
ment of Defense shall be used to initiate multi-year pro-23
curements utilizing advance procurement funding for eco-24
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nomic order quantity procurement unless specifically ap-1
propriated later. 2
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. 103. Appropriations made by section 101 shall 3
be available to the extent and in the manner that would 4
be provided by the pertinent appropriations Act. 5
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. 104. Except as otherwise provided in section 6
102, no appropriation or funds made available or author-7
ity granted pursuant to section 101 shall be used to ini-8
tiate or resume any project or activity for which appro-9
priations, funds, or other authority were not available dur-10
ing fiscal year 2023. 11
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. 105. Appropriations made and authority grant-12
ed pursuant to this Act shall cover all obligations or ex-13
penditures incurred for any project or activity during the 14
period for which funds or authority for such project or 15
activity are available under this Act. 16
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. 106. Unless otherwise provided for in this Act 17
or in the applicable appropriations Act for fiscal year 18
2024, appropriations and funds made available and au-19
thority granted pursuant to this Act shall be available 20
until whichever of the following first occurs: 21
(1) The enactment into law of an appropriation 22
for any project or activity provided for in this Act. 23
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(2) The enactment into law of the applicable 1
appropriations Act for fiscal year 2024 without any 2
provision for such project or activity. 3
(3) November 17, 2023. 4
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. 107. Expenditures made pursuant to this Act 5
shall be charged to the applicable appropriation, fund, or 6
authorization whenever a bill in which such applicable ap-7
propriation, fund, or authorization is contained is enacted 8
into law. 9
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. 108. Appropriations made and funds made 10
available by or authority granted pursuant to this Act may 11
be used without regard to the time limitations for submis-12
sion and approval of apportionments set forth in section 13
1513 of title 31, United States Code, but nothing in this 14
Act may be construed to waive any other provision of law 15
governing the apportionment of funds. 16
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. 109. Notwithstanding any other provision of 17
this Act, except section 106, for those programs that 18
would otherwise have high initial rates of operation or 19
complete distribution of appropriations at the beginning 20
of fiscal year 2024 because of distributions of funding to 21
States, foreign countries, grantees, or others, such high 22
initial rates of operation or complete distribution shall not 23
be made, and no grants shall be awarded for such pro-24
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grams funded by this Act that would impinge on final 1
funding prerogatives. 2
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. 110. This Act shall be implemented so that only 3
the most limited funding action of that permitted in the 4
Act shall be taken in order to provide for continuation of 5
projects and activities. 6
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. 111. (a) For entitlements and other mandatory 7
payments whose budget authority was provided in appro-8
priations Acts for fiscal year 2023, except the matter 9
under the heading ‘‘Cost of War Toxic Exposures Fund’’ 10
in title II of division J of Public Law 117–328, and for 11
activities under the Food and Nutrition Act of 2008, ac-12
tivities shall be continued at the rate to maintain program 13
levels under current law, under the authority and condi-14
tions provided in the applicable appropriations Act for fis-15
cal year 2023, to be continued through the date specified 16
in section 106(3). 17
(b) Notwithstanding section 106, obligations for man-18
datory payments due on or about the first day of any 19
month that begins after October 2023 but not later than 20
30 days after the date specified in section 106(3) may con-21
tinue to be made, and funds shall be available for such 22
payments. 23
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. 112. Amounts made available under section 101 24
for civilian personnel compensation and benefits in each 25
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department and agency may be apportioned up to the rate 1
for operations necessary to avoid furloughs within such de-2
partment or agency, consistent with the applicable appro-3
priations Act for fiscal year 2023, except that such author-4
ity provided under this section shall not be used until after 5
the department or agency has taken all necessary actions 6
to reduce or defer non-personnel-related administrative ex-7
penses. 8
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. 113. Funds appropriated by this Act may be 9
obligated and expended notwithstanding section 10 of 10
Public Law 91–672 (22 U.S.C. 2412), section 15 of the 11
State Department Basic Authorities Act of 1956 (22 12
U.S.C. 2680), section 313 of the Foreign Relations Au-13
thorization Act, Fiscal Years 1994 and 1995 (22 U.S.C. 14
6212), and section 504(a)(1) of the National Security Act 15
of 1947 (50 U.S.C. 3094(a)(1)). 16
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. 114. (a)(1) For each amount incorporated by 17
reference in this Act from amounts provided by division 18
M or N of Public Law 117–328, each section or paragraph 19
of an account providing each such amount, as applicable, 20
shall be applied as if that section or paragraph ended with 21
the following sentence: ‘‘The amount provided herein is 22
designated by the Congress as an emergency requirement 23
pursuant to section 251(b)(2)(A)(i) of the Balanced Budg-24
et and Emergency Deficit Control Act of 1985.’’. 25
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(2) Each amount incorporated by reference in this 1
Act that was previously designated by the Congress as an 2
emergency requirement pursuant to section 4001(a)(1) of 3
S. Con. Res. 14 (117th Congress), the concurrent resolu-4
tion on the budget for fiscal year 2022, and section 1(e) 5
of H. Res. 1151 (117th Congress), as engrossed in the 6
House of Representatives on June 8, 2022, or as being 7
for disaster relief pursuant to a concurrent resolution on 8
the budget in the Senate and section 1(f) of H. Res. 1151 9
(117th Congress), as engrossed in the House of Rep-10
resentatives on June 8, 2022, is designated by the Con-11
gress as being an emergency requirement pursuant to sec-12
tion 251(b)(2)(A)(i) of the Balanced Budget and Emer-13
gency Deficit Control Act of 1985 or as being for disaster 14
relief pursuant to section 251(b)(2)(D) of such Act, re-15
spectively. 16
(b)(1) Each amount incorporated by reference in this 17
Act that was specified to meet the terms of section 18
4004(b)(5)(B) of S. Con. Res. 14 (117th Congress), the 19
concurrent resolution on the budget for fiscal year 2022, 20
and section 1(g)(2) of H. Res. 1151 (117th Congress), 21
as engrossed in the House of Representatives on June 8, 22
2022, or as additional new budget authority for purposes 23
of section 4004(b)(5) of such concurrent resolution and 24
section 1(g) of such House resolution, is provided to meet 25
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the terms of section 251(b)(2)(F)(ii)(I) of the Balanced 1
Budget and Emergency Deficit Control Act of 1985, or 2
is additional new budget authority as specified for pur-3
poses of section 251(b)(2)(F) of such Act, respectively. 4
(2) Each amount incorporated by reference in this 5
Act for ‘‘Department of Labor—Employment and Train-6
ing Administration—State Unemployment Insurance and 7
Employment Service Operations’’ that was specified to 8
meet the terms of a concurrent resolution on the budget 9
in the Senate and section 1(j)(2) of H. Res. 1151 (117th 10
Congress), as engrossed in the House of Representatives 11
on June 8, 2022, or as additional new budget authority 12
for purposes of a concurrent resolution on the budget in 13
the Senate and section 1(j) of such House resolution, is 14
provided to meet the terms of section 251(b)(2)(E)(ii) of 15
the Balanced Budget and Emergency Deficit Control Act 16
of 1985, or is additional new budget authority as specified 17
for the purposes of section 251(b)(2)(E) of such Act, re-18
spectively. 19
(3) Each amount incorporated by reference in this 20
Act for ‘‘Department of Health and Human Services— 21
Centers for Medicare & Medicaid Services—Health Care 22
Fraud and Abuse Control Account’’ that was specified to 23
meet the terms of a concurrent resolution on the budget 24
in the Senate, or as additional new budget authority for 25
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purposes of a concurrent resolution on the budget in the 1
Senate and section 1(h) of H. Res. 1151 (117th Con-2
gress), as engrossed in the House of Representatives on 3
June 8, 2022, is provided to meet the terms of section 4
251(b)(2)(C)(ii) of the Balanced Budget and Emergency 5
Deficit Control Act of 1985, or is additional new budget 6
authority as specified for the purposes of section 7
251(b)(2)(C) of such Act, respectively. 8
(4) Each amount incorporated by reference in this 9
Act for ‘‘Social Security Administration—Limitation on 10
Administrative Expenses’’ that was specified to meet the 11
terms of a concurrent resolution on the budget in the Sen-12
ate, or as additional new budget authority for purposes 13
of a concurrent resolution on the budget in the Senate 14
and section 1(i) of H. Res. 1151 (117th Congress), as en-15
grossed in the House of Representatives on June 8, 2022, 16
is provided to meet the terms of section 17
251(b)(2)(B)(ii)(III) of the Balanced Budget and Emer-18
gency Deficit Control Act of 1985, or is additional new 19
budget authority as specified for the purposes of section 20
251(b)(2)(B) of such Act, respectively. 21
(c) Each amount designated in this Act by the Con-22
gress as an emergency requirement pursuant to section 23
251(b)(2)(A)(i) of the Balanced Budget and Emergency 24
Deficit Control Act of 1985 shall be available (or 25
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repurposed or rescinded, if applicable) only if the Presi-1
dent subsequently so designates all such amounts and 2
transmits such designations to the Congress. 3
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. 115. (a) Rescissions or cancellations of discre-4
tionary budget authority that continue pursuant to section 5
101 in Treasury Appropriations Fund Symbols (TAFS)— 6
(1) to which other appropriations are not pro-7
vided by this Act, but for which there is a current 8
applicable TAFS that does receive an appropriation 9
in this Act; or 10
(2) which are no-year TAFS and receive other 11
appropriations in this Act, may be continued instead 12
by reducing the rate for operations otherwise pro-13
vided by section 101 for such current applicable 14
TAFS, as long as doing so does not impinge on the 15
final funding prerogatives of the Congress. 16
(b) Rescissions or cancellations described in sub-17
section (a) shall continue in an amount equal to the lesser 18
of— 19
(1) the amount specified for rescission or can-20
cellation in the applicable appropriations Act ref-21
erenced in section 101 of this Act; or 22
(2) the amount of balances available, as of Oc-23
tober 1, 2023, from the funds specified for rescission 24
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or cancellation in the applicable appropriations Act 1
referenced in section 101 of this Act. 2
(c) No later than November 17, 2023, the Director 3
of the Office of Management and Budget shall provide to 4
the Committees on Appropriations of the House of Rep-5
resentatives and the Senate a comprehensive list of the 6
rescissions or cancellations that will continue pursuant to 7
section 101: Provided, That the information in such com-8
prehensive list shall be periodically updated to reflect any 9
subsequent changes in the amount of balances available, 10
as of October 1, 2023, from the funds specified for rescis-11
sion or cancellation in the applicable appropriations Act 12
referenced in section 101, and such updates shall be trans-13
mitted to the Committees on Appropriations of the House 14
of Representatives and the Senate upon request. 15
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. 116. Amounts made available by section 101 for 16
‘‘Farm Service Agency—Agricultural Credit Insurance 17
Fund Program Account’’ may be apportioned up to the 18
rate for operations necessary to accommodate approved 19
applications for direct and guaranteed farm ownership 20
loans, as authorized by 7 U.S.C. 1922 et seq. 21
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. 117. Amounts made available by section 101 for 22
‘‘Rural Housing Service—Rental Assistance Program’’ 23
may be apportioned up to the rate for operations necessary 24
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to maintain activities as authorized by section 521(a)(2) 1
of the Housing Act of 1949. 2
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. 118. Amounts made available by section 101 for 3
‘‘Domestic Food Programs—Food and Nutrition Serv-4
ice—Special Supplemental Nutrition Program for Women, 5
Infants, and Children (WIC)’’ may be apportioned at the 6
rate for operations necessary to maintain participation. 7
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. 119. Amounts made available by section 101 for 8
‘‘Domestic Food Programs—Food and Nutrition Serv-9
ice—Commodity Assistance Program’’ may be appor-10
tioned up to the rate for operations necessary to maintain 11
current program caseload in the Commodity Supplemental 12
Food Program. 13
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. 120. Section 260 of the Agricultural Marketing 14
Act of 1946 (7 U.S.C. 1636i) and section 942 of the Live-15
stock Mandatory Reporting Act of 1999 (7 U.S.C. 1635 16
note; Public Law 106–78) shall be applied by substituting 17
the date specified in section 106(3) of this Act for ‘‘Sep-18
tember 30, 2023’’. 19
S
EC
. 121. Amounts made available by section 101 for 20
‘‘National Telecommunications and Information Adminis-21
tration—Salaries and Expenses’’ may be apportioned up 22
to the rate for operations necessary to administer 23
broadband programs. 24
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S
EC
. 122. (a) Funds previously made available in the 1
Consolidated Appropriations Act, 2017 (Public Law 115– 2
31) and the Consolidated Appropriations Act, 2018 (Pub-3
lic Law 115–141) under the heading ‘‘National Aero-4
nautics and Space Administration—Space Operations’’ 5
that were available for obligation through fiscal year 2018 6
and fiscal year 2019, respectively, are to remain available 7
through fiscal year 2024 for the liquidation of valid obliga-8
tions incurred in fiscal years 2017 through 2019. 9
(b)(1) Subject to paragraph (2), this section shall be-10
come effective immediately upon enactment of this Act. 11
(2) If this Act is enacted after September 30, 2023, 12
this section shall be applied as if it were in effect on Sep-13
tember 30, 2023. 14
S
EC
. 123. For purposes of section 235(b) of the Sen-15
tencing Reform Act of 1984 (18 U.S.C. 3551 note; Public 16
Law 98–473; 98 Stat. 2032), as such section relates to 17
chapter 311 of title 18, United States Code, and the 18
United States Parole Commission, each reference in such 19
section to ‘‘36 years’’ or ‘‘36-year period’’ shall be deemed 20
a reference to ‘‘36 years and 17 days’’ or ‘‘36-year and 21
17-day period’’, respectively. 22
S
EC
. 124. Notwithstanding sections 102 and 104, 23
amounts made available by section 101 to the Department 24
of Defense for ‘‘Shipbuilding and Conversion, Navy’’ may 25
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be apportioned up to the rate for operations necessary for 1
‘‘Ohio Replacement Submarine (Full Funding)’’ in an 2
amount not to exceed $621,270,000 for the procurement 3
of one Columbia Class Submarine. 4
S
EC
. 125. During the period covered by this Act, sec-5
tion 714(b)(2)(B) of title 10, United States Code, shall 6
be applied by substituting ‘‘four years’’ for ‘‘two years’’. 7
S
EC
. 126. Notwithstanding section 101, the matter 8
preceding the first proviso under the heading ‘‘Office of 9
Personnel Management—Salaries and Expenses’’ in divi-10
sion E of Public Law 117–328 shall be applied by sub-11
stituting ‘‘$219,076,000’’ for ‘‘$190,784,000’’. 12
S
EC
. 127. Notwithstanding any other provision of 13
this Act, except section 106, the District of Columbia may 14
expend local funds made available under the heading ‘‘Dis-15
trict of Columbia—District of Columbia Funds’’ for such 16
programs and activities under the District of Columbia 17
Appropriations Act, 2023 (title IV of division E of Public 18
Law 117–328) at the rate set forth in the Fiscal Year 19
2024 Local Budget Act of 2023 (D.C. Act 25–161), as 20
modified as of the date of enactment of this Act. 21
S
EC
. 128. Amounts made available by section 101 to 22
the Department of Homeland Security under the heading 23
‘‘Federal Emergency Management Agency—Disaster Re-24
lief Fund’’ may be apportioned up to the rate for oper-25
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ations necessary to carry out response and recovery activi-1
ties under the Robert T. Stafford Disaster Relief and 2
Emergency Assistance Act (42 U.S.C. 5121 et seq.). 3
S
EC
. 129. In addition to amounts otherwise provided 4
by section 101, for ‘‘Federal Emergency Management 5
Agency—Disaster Relief Fund’’, there is appropriated 6
$16,000,000,000, for an additional amount for fiscal year 7
2024, to remain available until expended, of which 8
$2,000,000 shall be transferred to ‘‘Office of the Inspector 9
General—Operations and Support’’ for audits and inves-10
tigations of activities funded under ‘‘Federal Emergency 11
Management Agency—Disaster Relief Fund’’ and 12
$15,500,000,000 shall be for major disasters declared 13
pursuant to the Robert T. Stafford Disaster Relief and 14
Emergency Assistance Act (42 U.S.C. 5121 et seq.): Pro-15
vided, That such amount is designated by the Congress 16
as being for an emergency requirement pursuant to sec-17
tion 251(b)(2)(A)(i) of the Balanced Budget and Emer-18
gency Deficit Control Act of 1985. 19
S
EC
. 130. (a) Sections 1309(a) and 1319 of the Na-20
tional Flood Insurance Act of 1968 (42 U.S.C. 4016(a) 21
and 4026) shall be applied by substituting the date speci-22
fied in section 106(3) of this Act for ‘‘September 30, 23
2023’’. 24
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(b)(1) Subject to paragraph (2), this section shall be-1
come effective immediately upon enactment of this Act. 2
(2) If this Act is enacted after September 30, 2023, 3
this section shall be applied as if it were in effect on Sep-4
tember 30, 2023. 5
S
EC
. 131. Section 227(a) of the Federal Cybersecu-6
rity Enhancement Act of 2015 (6 U.S.C. 1525(a)) shall 7
be applied by substituting the date specified in section 8
106(3) of this Act for ‘‘September 30, 2023’’. 9
S
EC
. 132. Amounts made available by section 101 for 10
‘‘Department of the Interior—Department-Wide Pro-11
grams—Wildland Fire Management’’ and ‘‘Department of 12
Agriculture—Forest Service—Wildland Fire Manage-13
ment’’ shall be available for the Federal wildland fire-14
fighter base salary increase provided under section 15
40803(d)(4)(B) of Public Law 117–58 and may be appor-16
tioned up to the rate for operations necessary to continue 17
to fund such base salary increase. 18
S
EC
. 133. Activities authorized by part A of title IV 19
(other than under section 403(c) or 418) and section 20
1108(b) of the Social Security Act shall continue through 21
the date specified in section 106(3), in the manner author-22
ized for fiscal year 2023, and out of any money in the 23
Treasury of the United States not otherwise appropriated, 24
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there are hereby appropriated such sums as may be nec-1
essary for such purpose. 2
S
EC
. 134. Notwithstanding section 101, section 126 3
of division J of Public Law 117–328 shall be applied dur-4
ing the period covered by this Act by substituting ‘‘fiscal 5
year 2017, fiscal year 2018, and fiscal year 2019’’ for ‘‘fis-6
cal year 2017 and fiscal year 2018’’. 7
S
EC
. 135. The authority provided by section 2401 of 8
the Afghanistan Supplemental Appropriations Act, 2022 9
(division C of Public Law 117–43) shall continue in effect 10
through the date specified in section 106(3) of this Act. 11
S
EC
. 136. Notwithstanding section 101, the matter 12
under the heading ‘‘Bilateral Economic Assistance—Inde-13
pendent Agencies—Millennium Challenge Corporation’’ in 14
title III of division K of Public Law 117–328 shall be ap-15
plied by inserting the following new provisos before the 16
last proviso: ‘‘Provided further, That the member of the 17
Board described in section 604(c)(3)(B)(ii) of the Millen-18
nium Challenge Act of 2003, as amended (22 U.S.C. 19
7703(c)(3)(B)(ii)), whose term began on September 16, 20
2019, shall continue to serve in such appointment until 21
March 31, 2024: Provided further, That in the event that 22
a new member of the Board described in section 23
604(c)(3)(B) of such Act (22 U.S.C. 7703(c)(3)(B)) is ap-24
pointed prior to March 31, 2024, the term of the member 25
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of the Board whose term began on September 16, 2019, 1
shall terminate as of the date of such appointment:’’. 2
S
EC
. 137. Notwithstanding section 101, the matter 3
preceding the first proviso under the heading ‘‘Depart-4
ment of Transportation—Federal Aviation Administra-5
tion—Facilities and Equipment’’ in title I of division L 6
of Public Law 117–328 shall be applied by substituting 7
‘‘$617,000,000’’ for ‘‘$570,000,000’’ and substituting 8
‘‘$2,174,200,000’’ for ‘‘$2,221,200,000’’. 9
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DIVISION B—OTHER MATTERS 1
TITLE I—EXTENSIONS AND 2
OTHER MATTERS 3
SEC. 2101. EXTENSION OF CERTAIN PROVISIONS OF THE 4
COMPACT OF FREE ASSOCIATION WITH THE 5
FEDERATED STATES OF MICRONESIA AND 6
THE FEDERAL PROGRAM AND SERVICES 7
AGREEMENTS WITH THE FEDERATED STATES 8
OF MICRONESIA AND THE REPUBLIC OF THE 9
MARSHALL ISLANDS. 10
(a) G
RANT AND
O
THER
F
INANCIAL
A
SSISTANCE
.— 11
(1) I
N GENERAL
.—During the period beginning 12
on October 1, 2023, and ending on November 17, 13
2023, any activities described in sections 211, 212, 14
and 215 of the Compact of Free Association between 15
the Government of the United States of America 16
and the Government of the Federated States of Mi-17
cronesia set forth in section 201(a) of the Compact 18
of Free Association Amendments Act of 2003 (48 19
U.S.C. 1921 note; Public Law 108–188) shall, with 20
the mutual consent of the Federated States of Mi-21
cronesia, continue in the manner authorized and re-22
quired for fiscal year 2023 under the agreements de-23
scribed in paragraphs (4) and (5) of section 462(b) 24
of that Compact. 25
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(2) F
UNDING
.—There is appropriated, out of 1
any money in the Treasury not otherwise appro-2
priated, to carry out the activities authorized under 3
paragraph (1) an amount equal to the pro rata por-4
tion of the amount appropriated for those activities 5
for fiscal year 2023. 6
(b) F
EDERAL
P
ROGRAMS AND
S
ERVICES
.—During 7
the period beginning on October 1, 2023, and ending on 8
the date on which a new Federal programs and services 9
agreement with the applicable country enters into force, 10
any activities described in sections 131, 132, and 221(a) 11
of the Compact of Free Association between the Govern-12
ment of the United States of America and the Government 13
of the Federated States of Micronesia set forth in section 14
201(a) of the Compact of Free Association Amendments 15
Act of 2003 (48 U.S.C. 1921 note; Public Law 108–188) 16
and sections 131, 132, and 221(a) of the Compact of Free 17
Association between the Government of the United States 18
of America and the Government of the Republic of the 19
Marshall Islands set forth in section 201(b) of that Act 20
shall, with the mutual consent of the Federated States of 21
Micronesia or the Republic of the Marshall Islands, as ap-22
plicable, continue in the manner authorized and required 23
for fiscal year 2023 under the agreement described in sec-24
tion 462(b)(1) of the Compact of Free Association be-25
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tween the Government of the United States of America 1
and the Government of the Federated States of Micronesia 2
set forth in section 201(a) of that Act and the agreement 3
described in section 462(b)(1) of the Compact of Free As-4
sociation between the Government of the United States 5
of America and the Government of the Republic of the 6
Marshall Islands set forth in section 201(b) of that Act, 7
respectively. 8
SEC. 2102. EXTENSION OF DEADLINE TO PROMULGATE 9
CERTAIN REGULATIONS. 10
Section 413(a) of the Indian Self-Determination and 11
Education Assistance Act (25 U.S.C. 5373(a)) is amend-12
ed— 13
(1) in paragraph (2), by striking ‘‘21 months’’ 14
and inserting ‘‘38 months’’; and 15
(2) in paragraph (3), by striking ‘‘30 months’’ 16
and inserting ‘‘50 months’’. 17
TITLE II—FAA EXTENSION 18
Subtitle A—Federal Aviation 19
Programs 20
SEC. 2201. AIRPORT IMPROVEMENT PROGRAM. 21
(a) A
UTHORIZATION OF
A
PPROPRIATIONS
.—Section 22
48103(a) of title 49, United States Code, is amended— 23
(1) in paragraph (5) by striking the ‘‘and’’ at 24
the end; 25
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(2) in paragraph (6) by striking the period at 1
the end and inserting ‘‘; and’’; and 2
(3) by adding at the end the following: 3
‘‘(7) $842,076,502 for the period beginning on 4
October 1, 2023, and ending on December 31, 5
2023.’’. 6
(b) O
BLIGATION
A
UTHORITY
.—Subject to limitations 7
specified in advance in appropriation Acts, sums made 8
available pursuant to the amendment made by subsection 9
(a) may be obligated at any time through September 30, 10
2024, and shall remain available until expended. 11
(c) P
ROGRAM
I
MPLEMENTATION
.—For purposes of 12
calculating funding apportionments and meeting other re-13
quirements under sections 47114, 47115, 47116, and 14
47117 of title 49, United States Code, for the period be-15
ginning on October 1, 2023, and ending on December 31, 16
2023, the Administrator of the Federal Aviation Adminis-17
tration shall— 18
(1) first calculate such funding apportionments 19
on an annualized basis as if the total amount avail-20
able under section 48103 of such title for fiscal year 21
2024 was $3,350,000,000; and 22
(2) then reduce by 75 percent— 23
(A) all funding apportionment amounts 24
calculated under paragraph (1); and 25
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(B) amounts made available pursuant to 1
subsections (b) and (f)(2) of section 47117 of 2
such title. 3
(d) E
XTENSION OF
P
ROJECT
G
RANT
A
UTHORITY
.— 4
Section 47104(c) of title 49, United States Code, is 5
amended in the matter preceding paragraph (1) by strik-6
ing ‘‘September 30, 2023,’’ and inserting ‘‘December 31, 7
2023,’’. 8
(e) E
XTENSION OF
S
PECIAL
R
ULE FOR
A
PPORTION
-9
MENTS
.—Section 47114(c)(1)(J) of title 49, United 10
States Code, is amended by striking ‘‘2023 to’’ and insert-11
ing ‘‘2023, and for the period beginning on October 1, 12
2023, and ending on December 31, 2023, to’’. 13
SEC. 2202. EXTENSION OF EXPIRING AUTHORITIES; MIS-14
CELLANEOUS AUTHORIZATIONS. 15
(a) A
UTHORITY TO
P
ROVIDE
I
NSURANCE
.—Section 16
44310(b) of title 49, United States Code, is amended by 17
striking ‘‘September 30, 2023’’ and inserting ‘‘December 18
31, 2023’’. 19
(b) U
NMANNED
A
IRCRAFT
T
EST
R
ANGES
.—Section 20
44803(h) of title 49, United States Code, is amended by 21
striking ‘‘September 30, 2023’’ and inserting ‘‘December 22
31, 2023’’. 23
(c) S
PECIAL
A
UTHORITY FOR
C
ERTAIN
U
NMANNED
24
A
IRCRAFT
S
YSTEMS
.—Section 44807(d) of title 49, 25
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United States Code, is amended by striking ‘‘September 1
30, 2023’’ and inserting ‘‘December 31, 2023’’. 2
(d) E
XTENSION OF
A
IRPORT
S
AFETY AND
A
IRSPACE
3
H
AZARD
M
ITIGATION AND
E
NFORCEMENT
.—Section 4
44810(h) of title 49, United States Code, is amended by 5
striking ‘‘September 30, 2023’’ and inserting ‘‘December 6
31, 2023’’. 7
(e) C
OMPETITIVE
A
CCESS
R
EPORTING
R
EQUIRE
-8
MENT
.—Section 47107(r)(3) of title 49, United States 9
Code, is amended by striking ‘‘October 1, 2023’’ and in-10
serting ‘‘January 1, 2024’’. 11
(f) M
ARSHALL
I
SLANDS
, M
ICRONESIA
,
AND
12
P
ALAU
.—Section 47115(i) of title 49, United States Code, 13
is amended by inserting ‘‘, and for the period beginning 14
on October 1, 2023, and ending on December 31, 2023’’ 15
after ‘‘fiscal years 2018 through 2023’’. 16
(g) S
UPPLEMENTAL
D
ISCRETIONARY
F
UNDS
.—Sec-17
tion 47115(j)(4)(A) of title 49, United States Code, is 18
amended by inserting at the end the following: 19
‘‘(vi) $140,401,803 for the period be-20
ginning on October 1, 2023, and ending on 21
December 31, 2023.’’. 22
(h) C
OMPATIBLE
L
AND
U
SE
P
LANNING AND
23
P
ROJECTS BY
S
TATE AND
L
OCAL
G
OVERNMENTS
.—Sec-24
tion 47141(f) of title 49, United States Code, is amended 25
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by striking ‘‘September 30, 2023’’ and inserting ‘‘Decem-1
ber 31, 2023’’. 2
(i) N
ON
-
MOVEMENT
A
REA
S
URVEILLANCE
P
ILOT
3
P
ROGRAM
.—Section 47143(c) of title 49, United States 4
Code, is amended by striking ‘‘October 1, 2023’’ and in-5
serting ‘‘January 1, 2024’’. 6
(j) W
EATHER
R
EPORTING
P
ROGRAMS
.—Section 7
48105 of title 49, United States Code, is amended by add-8
ing at the end the following: 9
‘‘(5) $9,803,278 for the period beginning on 10
October 1, 2023, and ending on December 31, 11
2023.’’. 12
(k) L
EARNING
P
ERIOD
.—Section 50905(c)(9) of title 13
51, United States Code, is amended by striking ‘‘October 14
1, 2023’’ and inserting ‘‘January 1, 2024’’. 15
(l) M
IDWAY
I
SLAND
A
IRPORT
.—Section 186(d) of the 16
Vision 100—Century of Aviation Reauthorization Act 17
(Public Law 108–176; 117 Stat. 2518) is amended by in-18
serting ‘‘and for the period beginning on October 1, 2023, 19
and ending on December 31, 2023,’’ after ‘‘fiscal years 20
2018 through 2023’’. 21
(m) F
INAL
O
RDER
E
STABLISHING
M
ILEAGE AND
22
A
DJUSTMENT
E
LIGIBILITY
.—Section 409(d) of the Vision 23
100—Century of Aviation Reauthorization Act (49 U.S.C. 24
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41731 note) is amended by striking ‘‘September 30, 1
2023’’ and inserting ‘‘December 31, 2023’’. 2
(n) C
ONTRACT
W
EATHER
O
BSERVERS
.—Section 3
2306(b) of the FAA Extension, Safety, and Security Act 4
of 2016 (Public Law 114–190; 130 Stat. 641) is amended 5
by striking ‘‘October 1, 2023’’ and inserting ‘‘January 1, 6
2024’’. 7
(o) R
EMOTE
T
OWER
P
ILOT
P
ROGRAM
.—Section 8
161(a)(10) of the FAA Reauthorization Act of 2018 (49 9
U.S.C. 47104 note) is amended by striking ‘‘September 10
30, 2023’’ and inserting ‘‘December 31, 2023’’. 11
(p) A
IRPORT
A
CCESS
R
OADS IN
R
EMOTE
L
OCATIONS
; 12
S
TORAGE
F
ACILITIES FOR
S
NOW
R
EMOVAL
E
QUIP
-13
MENT
.—Section 162 of the FAA Reauthorization Act of 14
2018 (49 U.S.C. 47102 note) is amended by inserting 15
‘‘and for the period beginning on October 1, 2023, and 16
ending on December 31, 2023’’ after ‘‘fiscal years 2018 17
through 2023’’. 18
(q) UAS R
EMOTE
D
ETECTION AND
I
DENTIFICATION
19
P
ILOT
P
ROGRAM
.—Section 372(d) of the FAA Reauthor-20
ization Act of 2018 (49 U.S.C. 44810 note) is amended 21
by striking ‘‘September 30, 2023’’ and inserting ‘‘Decem-22
ber 31, 2023’’. 23
(r) A
DVISORY
C
OMMITTEE FOR
A
VIATION
C
ONSUMER
24
P
ROTECTION
.—Section 411(h) of the FAA Modernization 25
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and Reform Act of 2012 (49 U.S.C. 42301 note) is 1
amended by striking ‘‘September 30, 2023’’ and inserting 2
‘‘December 31, 2023’’. 3
(s) A
VIATION
C
ONSUMER
A
DVOCATE
.—Section 4
424(e) of the FAA Reauthorization Act of 2018 (49 5
U.S.C. 42302 note) is amended by striking ‘‘September 6
30, 2023’’ and inserting ‘‘December 31, 2023’’. 7
(t) A
DVISORY
C
OMMITTEE ON
A
IR
T
RAVEL
N
EEDS
8
OF
P
ASSENGERS
W
ITH
D
ISABILITIES
.—Section 439(g) of 9
the FAA Reauthorization Act of 2018 (49 U.S.C. 41705 10
note) is amended by striking ‘‘September 30, 2023’’ and 11
inserting ‘‘December 31, 2023’’. 12
(u) E
NHANCED
T
RAFFIC
S
ERVICES
.—Section 547(e) 13
of the FAA Reauthorization Act of 2018 (49 U.S.C. 14
40103 note) is amended by striking ‘‘September 30, 15
2023’’ and inserting ‘‘December 31, 2023’’. 16
(v) P
ILOT
P
ROGRAM FOR
R
EDEVELOPMENT OF
A
IR
-17
PORT
P
ROPERTIES
.—Section 822(k) of the FAA Mod-18
ernization and Reform Act of 2012 (49 U.S.C. 47141 19
note) is amended by striking ‘‘September 30, 2023’’ and 20
inserting ‘‘December 31, 2023’’. 21
SEC. 2203. FEDERAL AVIATION ADMINISTRATION OPER-22
ATIONS. 23
Section 106(k) of title 49, United States Code, is 24
amended— 25
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(1) in paragraph (1)— 1
(A) in subparagraph (E) by striking ‘‘and’’ 2
at the end; 3
(B) in subparagraph (F) by striking the 4
period at the end and inserting ‘‘; and’’; and 5
(C) by inserting after subparagraph (F) 6
the following: 7
‘‘(G) $2,995,027,322 for the period begin-8
ning on October 1, 2023, and ending on De-9
cember 31, 2023.’’; and 10
(2) in paragraph (3) by inserting ‘‘and for the 11
period beginning on October 1, 2023, and ending on 12
December 31, 2023’’ after ‘‘fiscal years 2018 13
through 2023’’. 14
SEC. 2204. AIR NAVIGATION FACILITIES AND EQUIPMENT. 15
Section 48101(a) of title 49, United States Code, is 16
amended by adding at the end the following: 17
‘‘(7) $740,273,224 for the period beginning on 18
October 1, 2023, and ending on December 31, 19
2023.’’. 20
SEC. 2205. RESEARCH, ENGINEERING, AND DEVELOPMENT. 21
Section 48102(a) of title 49, United States Code, is 22
amended— 23
(1) in paragraph (14), by striking ‘‘and’’; 24
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(2) in paragraph (15) by striking the period at 1
the end and inserting ‘‘; and’’; and 2
(3) by adding at the end the following: 3
‘‘(16) $64,098,360 for the period beginning on 4
October 1, 2023, and ending on December 31, 5
2023.’’. 6
SEC. 2206. SMALL COMMUNITY AIR SERVICE. 7
(a) E
SSENTIAL
A
IR
S
ERVICE
A
UTHORIZATION
.—Sec-8
tion 41742(a)(2) of title 49, United States Code, is 9
amended by striking ‘‘2023’’ and inserting ‘‘2023, and 10
$89,191,486 for the period beginning on October 1, 2023, 11
and ending on December 31, 2023,’’. 12
(b) A
IRPORTS
N
OT
R
ECEIVING
S
UFFICIENT
S
ERV
-13
ICE
.—Section 41743(e)(2) of title 49, United States Code, 14
is amended by inserting ‘‘, and $2,513,661 for the period 15
beginning on October 1, 2023, and ending on December 16
31, 2023,’’ after ‘‘fiscal years 2018 through 2023’’. 17
Subtitle B—Aviation Revenue 18
Provisions 19
SEC. 2211. EXPENDITURE AUTHORITY FROM AIRPORT AND 20
AIRWAY TRUST FUND. 21
(a) I
N
G
ENERAL
.—Section 9502(d)(1) of the Inter-22
nal Revenue Code of 1986 is amended— 23
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(1) in the matter preceding subparagraph (A) 1
by striking ‘‘October 1, 2023’’ and inserting ‘‘Janu-2
ary 1, 2024’’; and 3
(2) in subparagraph (A) by striking the semi-4
colon at the end and inserting ‘‘or title II of division 5
B of the Continuing Appropriations Act, 2024 and 6
Other Extensions Act;’’. 7
(b) C
ONFORMING
A
MENDMENT
.—Section 9502(e)(2) 8
of such Code is amended by striking ‘‘October 1, 2023’’ 9
and inserting ‘‘January 1, 2024’’. 10
SEC. 2212. EXTENSION OF TAXES FUNDING AIRPORT AND 11
AIRWAY TRUST FUND. 12
(a) F
UEL
T
AXES
.—Section 4081(d)(2)(B) of the In-13
ternal Revenue Code of 1986 is amended by striking ‘‘Sep-14
tember 30, 2023’’ and inserting ‘‘December 31, 2023’’. 15
(b) T
ICKET
T
AXES
.— 16
(1) P
ERSONS
.—Section 4261(k)(1)(A)(ii) of 17
such Code is amended by striking ‘‘September 30, 18
2023’’ and inserting ‘‘December 31, 2023’’. 19
(2) P
ROPERTY
.—Section 4271(d)(1)(A)(ii) of 20
such Code is amended by striking ‘‘September 30, 21
2023’’ and inserting ‘‘December 31, 2023’’. 22
(c) F
RACTIONAL
O
WNERSHIP
P
ROGRAMS
.— 23
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(1) F
UEL TAX
.—Section 4043(d) of such Code 1
is amended by striking ‘‘September 30, 2023’’ and 2
inserting ‘‘December 31, 2023’’. 3
(2) T
REATMENT AS NONCOMMERCIAL AVIA
-4
TION
.—Section 4083(b) of such Code is amended by 5
striking ‘‘October 1, 2023’’ and inserting ‘‘January 6
1, 2024’’. 7
(3) E
XEMPTION FROM TICKET TAX
.—Section 8
4261(j) of such Code is amended by striking ‘‘Sep-9
tember 30, 2023’’ and inserting ‘‘December 31, 10
2023’’. 11
Subtitle C—Expiring Counter-UAS 12
Authorities 13
SEC. 2221. PROTECTION OF CERTAIN FACILITIES AND AS-14
SETS FROM UNMANNED AIRCRAFT. 15
Section 210G(i) of the Homeland Security Act of 16
2002 (6 U.S.C. 124n(i)) is amended by striking ‘‘on the 17
date that is 4 years after the date of enactment of this 18
section’’ and inserting ‘‘on November 18, 2023’’. 19
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TITLE III—HEALTH AND HUMAN 1
SERVICES 2
Subtitle A—Animal Drug and Ani-3
mal Generic Drug User Fee 4
Amendments 5
CHAPTER 1—FEES RELATING TO ANIMAL 6
DRUGS 7
SEC. 2301. SHORT TITLE; FINDING. 8
(a) S
HORT
T
ITLE
.—This chapter may be cited as the 9
‘‘Animal Drug User Fee Amendments of 2023’’. 10
(b) F
INDING
.—Congress finds that the fees author-11
ized by the amendments made in this chapter will be dedi-12
cated toward expediting the animal drug development 13
process and the review of new and supplemental animal 14
drug applications and investigational animal drug submis-15
sions as set forth in the goals identified for purposes of 16
part 4 of subchapter C of chapter VII of the Federal Food, 17
Drug, and Cosmetic Act (21 U.S.C. 379j–11 et seq.), in 18
the letters from the Secretary of Health and Human Serv-19
ices to the Chairman of the Committee on Energy and 20
Commerce of the House of Representatives and the Chair-21
man of the Committee on Health, Education, Labor, and 22
Pensions of the Senate as set forth in the Congressional 23
Record. 24
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SEC. 2302. DEFINITIONS. 1
Section 739 of the Federal Food, Drug, and Cosmetic 2
Act (21 U.S.C. 379j–11) is amended— 3
(1) in paragraph (3), by striking ‘‘national drug 4
code’’ and inserting ‘‘National Drug Code’’; and 5
(2) by amending paragraph (8)(I) to read as 6
follows: 7
‘‘(I) The activities necessary for implemen-8
tation of the United States and European 9
Union Mutual Recognition Agreement for Phar-10
maceutical Good Manufacturing Practice In-11
spections, and the United States and United 12
Kingdom Mutual Recognition Agreement Sec-13
toral Annex for Pharmaceutical Good Manufac-14
turing Practices, and other mutual recognition 15
agreements, with respect to animal drug prod-16
ucts subject to review, including implementation 17
activities prior to and following product ap-18
proval.’’. 19
SEC. 2303. AUTHORITY TO ASSESS AND USE ANIMAL DRUG 20
FEES. 21
(a) I
N
G
ENERAL
.—Section 740(a)(1)(A)(ii) of the 22
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379j– 23
12(a)(1)(A)(ii)) is amended— 24
(1) in subclause (I), by striking ‘‘and’’ at the 25
end; 26
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(2) in subclause (II), by striking the period at 1
the end and inserting ‘‘; and’’; and 2
(3) by adding at the end the following: 3
‘‘(III) an application for condi-4
tional approval under section 571 of a 5
new animal drug for which an animal 6
drug application submitted under sec-7
tion 512(b)(1) has been previously ap-8
proved under section 512(d)(1) for 9
another intended use.’’. 10
(b) F
EE
R
EVENUE
A
MOUNTS
.—Section 740(b)(1) of 11
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 12
379j–12(b)(1)) is amended to read as follows: 13
‘‘(1) I
N GENERAL
.—Subject to subsections (c), 14
(d), (f), and (g), for each of fiscal years 2024 15
through 2028, the fees required under subsection (a) 16
shall be established to generate a total revenue 17
amount of $33,500,000.’’. 18
(c) A
NNUAL
F
EE
S
ETTING
; A
DJUSTMENTS
.— 19
(1) A
NNUAL FEE SETTING
.—Section 740(c)(1) 20
of the Federal Food, Drug, and Cosmetic Act (21 21
U.S.C. 379j–12(c)(1)) is amended to read as follows: 22
‘‘(1) A
NNUAL FEE SETTING
.—Not later than 23
60 days before the start of each fiscal year begin-24
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ning after September 30, 2023, the Secretary 1
shall— 2
‘‘(A) establish for that fiscal year animal 3
drug application fees, supplemental animal drug 4
application fees, animal drug sponsor fees, ani-5
mal drug establishment fees, and animal drug 6
product fees based on the revenue amounts es-7
tablished under subsection (b) and the adjust-8
ments provided under this subsection; and 9
‘‘(B) publish such fee revenue amounts 10
and fees in the Federal Register.’’. 11
(2) I
NFLATION ADJUSTMENT
.—Section 12
740(c)(2) of the Federal Food, Drug, and Cosmetic 13
Act (21 U.S.C. 379j–12(c)(2)) is amended— 14
(A) in subparagraph (A)— 15
(i) in the matter preceding clause (i), 16
by striking ‘‘2020’’ and inserting ‘‘2025’’; 17
and 18
(ii) in clause (iii), by striking ‘‘Balti-19
more’’ and inserting ‘‘Arlington-Alexan-20
dria’’; and 21
(B) in subparagraph (B), by striking 22
‘‘2020’’ and inserting ‘‘2025’’. 23
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(3) W
ORKLOAD ADJUSTMENTS
.—Section 1
740(c)(3) of the Federal Food, Drug, and Cosmetic 2
Act (21 U.S.C. 379j–12(c)(3)) is amended— 3
(A) in subparagraph (A)— 4
(i) in the matter preceding clause 5
(i)— 6
(I) by striking ‘‘2020’’ and in-7
serting ‘‘2025’’; and 8
(II) by striking ‘‘subparagraphs 9
(B) and (C)’’ and inserting ‘‘subpara-10
graph (B)’’; 11
(ii) in clause (i) by striking ‘‘and’’ at 12
the end; and 13
(iii) by striking clause (ii) and insert-14
ing the following: 15
‘‘(ii) such adjustment shall be made 16
for each fiscal year that the adjustment de-17
termined by the Secretary is greater than 18
3 percent, except for the first fiscal year 19
that the adjustment is greater than 3 per-20
cent; and 21
‘‘(iii) the Secretary shall publish in 22
the Federal Register notice under para-23
graph (1) the amount of such adjustment 24
and the supporting methodologies.’’; 25
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(B) by striking subparagraph (B); and 1
(C) by redesignating subparagraph (C) as 2
subparagraph (B). 3
(4) F
INAL YEAR ADJUSTMENT
.—Section 4
740(c)(4) of the Federal Food, Drug, and Cosmetic 5
Act (21 U.S.C. 379j–12(c)(4)) is amended to read 6
as follows: 7
‘‘(4) O
PERATING RESERVE ADJUSTMENT
.— 8
‘‘(A) I
N GENERAL
.—For fiscal year 2025 9
and each subsequent fiscal year, after the fee 10
revenue amount established under subsection 11
(b) is adjusted in accordance with paragraphs 12
(2) and (3), the Secretary shall— 13
‘‘(i) increase the fee revenue amount 14
for such fiscal year, if necessary to provide 15
an operating reserve of not less than 12 16
weeks; or 17
‘‘(ii) if the Secretary has an operating 18
reserve in excess of the number of weeks 19
specified in subparagraph (C) for that fis-20
cal year, the Secretary shall decrease the 21
fee revenue amount to provide not more 22
than the number of weeks specified in sub-23
paragraph (C) for that fiscal year. 24
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‘‘(B) C
ARRYOVER USER FEES
.—For pur-1
poses of this paragraph, the operating reserve 2
of carryover user fees for the process for the re-3
view of animal drug applications does not in-4
clude carryover user fees that have not been ap-5
propriated. 6
‘‘(C) N
UMBER OF WEEKS OF OPERATING
7
RESERVES
.—The number of weeks of operating 8
reserves specified in this subparagraph is— 9
‘‘(i) 22 weeks for fiscal year 2025; 10
‘‘(ii) 20 weeks for fiscal year 2026; 11
‘‘(iii) 18 weeks for fiscal year 2027; 12
and 13
‘‘(iv) 16 weeks for fiscal year 2028. 14
‘‘(D) P
UBLICATION
.—If an adjustment to 15
the operating reserve is made under this para-16
graph, the Secretary shall publish in the Fed-17
eral Register notice under paragraph (1) the ra-18
tionale for the amount of the adjustment and 19
the supporting methodologies.’’. 20
(d) E
XEMPTION
F
ROM
F
EES
.—Section 740(d)(4) of 21
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 22
379j–12(d)(4)) is amended to read as follows: 23
‘‘(4) E
XEMPTION FROM FEES
.—Fees under 24
paragraphs (2), (3), and (4) of subsection (a) shall 25
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not apply with respect to any person who is the 1
named applicant or sponsor of an animal drug appli-2
cation, supplemental animal drug application, or in-3
vestigational animal drug submission if such applica-4
tion or submission involves the intentional genomic 5
alteration of an animal that is intended to produce 6
a drug, device, or biological product subject to fees 7
under section 736, 738, 744B, or 744H.’’. 8
(e) C
REDITING AND
A
VAILABILITY OF
F
EES
.— 9
(1) A
UTHORIZATION OF APPROPRIATIONS
.— 10
Section 740(g)(3) of the Federal Food, Drug, and 11
Cosmetic Act (21 U.S.C. 379j–12(g)(3)) is amended 12
by striking ‘‘2019 through 2023’’ and inserting 13
‘‘2024 through 2028’’. 14
(2) C
OLLECTION SHORTFALLS
.—Section 740(g) 15
of the Federal Food, Drug, and Cosmetic Act (21 16
U.S.C. 379j–12(g)) is amended— 17
(A) in paragraph (3), by striking ‘‘and 18
paragraph (5)’’; and 19
(B) by striking paragraph (5). 20
SEC. 2304. REAUTHORIZATION; REPORTING REQUIRE-21
MENTS. 22
Section 740A of the Federal Food, Drug, and Cos-23
metic Act (21 U.S.C. 379j–13) is amended— 24
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(1) in subsection (a), by striking ‘‘2018’’ and 1
inserting ‘‘2023’’; 2
(2) by striking ‘‘2019’’ each place it appears in 3
subsections (a) and (b) and inserting ‘‘2024’’; and 4
(3) in subsection (d)— 5
(A) in paragraph (1), by striking ‘‘2023’’ 6
and inserting ‘‘2028’’; and 7
(B) in paragraph (5), by striking ‘‘2023’’ 8
and inserting ‘‘2028’’. 9
SEC. 2305. SAVINGS CLAUSE. 10
Notwithstanding the amendments made by this chap-11
ter, part 4 of subchapter C of chapter VII of the Federal 12
Food, Drug, and Cosmetic Act (21 U.S.C. 379j–11 et 13
seq.), as in effect on the day before the date of enactment 14
of this chapter, shall continue to be in effect with respect 15
to animal drug applications and supplemental animal drug 16
applications (as defined in such part as of such day) that 17
on or after October 1, 2018, but before October 1, 2023, 18
were accepted by the Food and Drug Administration for 19
filing with respect to assessing and collecting any fee re-20
quired by such part for a fiscal year prior to fiscal year 21
2024. 22
SEC. 2306. EFFECTIVE DATE. 23
The amendments made by this chapter shall take ef-24
fect on October 1, 2023, or the date of the enactment of 25
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this Act, whichever is later, except that fees under part 1
4 of subchapter C of chapter VII of the Federal Food, 2
Drug, and Cosmetic Act (21 U.S.C. 379j–11 et seq.), as 3
amended by this chapter, shall be assessed for animal drug 4
applications and supplemental animal drug applications 5
received on or after October 1, 2023, regardless of the 6
date of the enactment of this Act. 7
SEC. 2307. SUNSET DATES. 8
(a) A
UTHORIZATION
.—Sections 739 and 740 of the 9
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 21 10
U.S.C. 379j–11; 379j–12) shall cease to be effective Octo-11
ber 1, 2028. 12
(b) R
EPORTING
R
EQUIREMENTS
.—Section 740A of 13
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 14
379j–13) shall cease to be effective January 31, 2029. 15
(c) P
REVIOUS
S
UNSET
P
ROVISION
.—Effective Octo-16
ber 1, 2023, subsections (a) and (b) of section 107 of the 17
Animal Drug User Fee Amendments of 2018 (Public Law 18
115–234) are repealed. 19
CHAPTER 2—FEES RELATING TO GENERIC 20
ANIMAL DRUGS 21
SEC. 2311. SHORT TITLE; FINDING. 22
(a) S
HORT
T
ITLE
.—This chapter may be cited as the 23
‘‘Animal Generic Drug User Fee Amendments of 2023’’. 24
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(b) F
INDING
.—Congress finds that the fees author-1
ized by the amendments made in this chapter will be dedi-2
cated toward expediting the generic new animal drug de-3
velopment process and the review of abbreviated applica-4
tions for generic new animal drugs, supplemental abbre-5
viated applications for generic new animal drugs, and in-6
vestigational submissions for generic new animal drugs as 7
set forth in the goals identified for purposes of part 5 of 8
subchapter C of chapter VII of the Federal Food, Drug, 9
and Cosmetic Act (21 U.S.C. 379j–21 et seq.), in the let-10
ters from the Secretary of Health and Human Services 11
to the Chairman of the Committee on Energy and Com-12
merce of the House of Representatives and the Chairman 13
of the Committee on Health, Education, Labor, and Pen-14
sions of the Senate as set forth in the Congressional 15
Record. 16
SEC. 2312. AUTHORITY TO ASSESS AND USE GENERIC NEW 17
ANIMAL DRUG FEES. 18
(a) G
ENERIC
I
NVESTIGATIONAL
N
EW
A
NIMAL
D
RUG
19
F
ILE
F
EE
.—Section 741(a) of the Federal Food, Drug, 20
and Cosmetic Act (21 U.S.C. 379j–21(a)) is amended by 21
adding at the end the following: 22
‘‘(4) G
ENERIC INVESTIGATIONAL NEW ANIMAL
23
DRUG FILE FEE
.— 24
‘‘(A) I
N GENERAL
.— 25
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‘‘(i) N
EW FILE REQUEST
.—Each per-1
son that submits a request to establish a 2
generic investigational new animal drug 3
file on or after October 1, 2023, shall be 4
assessed a fee as established under sub-5
section (c). 6
‘‘(ii) N
EW SUBMISSION TO ESTAB
-7
LISHED FILE
.—Each person that makes a 8
submission to a generic investigational new 9
animal drug file on or after October 1, 10
2023, where such file was established prior 11
to October 1, 2023, shall be assessed a fee 12
for the first submission on or after October 13
1, 2023, as established under subsection 14
(c). 15
‘‘(B) P
AYMENT
.— 16
‘‘(i) N
EW FILE REQUEST
.—The fee 17
required by subparagraph (A)(i) shall be 18
due upon submission of the request to es-19
tablish the generic investigational new ani-20
mal drug file. 21
‘‘(ii) N
EW SUBMISSION TO ESTAB
-22
LISHED FILE
.—The fee required by sub-23
paragraph (A)(ii) shall be due upon the 24
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first submission to the generic investiga-1
tional new animal drug file. 2
‘‘(C) E
XCEPTIONS
.— 3
‘‘(i) T
ERMINATING AN EXISTING GE
-4
NERIC INVESTIGATIONAL NEW ANIMAL
5
DRUG FILE
.—If a person makes a submis-6
sion to the generic investigational new ani-7
mal drug file to terminate that file, the 8
person shall not be subject to a fee under 9
subparagraph (A)(ii) for that submission. 10
‘‘(ii) T
RANSFERRING AN EXISTING GE
-11
NERIC INVESTIGATIONAL NEW ANIMAL
12
DRUG FILE
.—If a person makes a submis-13
sion to the generic investigational new ani-14
mal drug file to transfer that file to a dif-15
ferent generic new animal drug sponsor, 16
the person shall not be subject to a fee 17
under subparagraph (A)(ii) for that sub-18
mission.’’. 19
(b) F
EE
R
EVENUE
A
MOUNTS
.—Section 741(b) of the 20
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379j– 21
21(b)) is amended— 22
(1) in paragraph (1)— 23
(A) by striking ‘‘2019 through 2023’’ and 24
inserting ‘‘2024 through 2028’’; and 25
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(B) by striking ‘‘$18,336,340’’ and insert-1
ing ‘‘$25,000,000’’; and 2
(2) in paragraph (2)— 3
(A) in subparagraph (A)— 4
(i) by striking ‘‘25 percent’’ and in-5
serting ‘‘20 percent’’; and 6
(ii) by inserting before the semicolon 7
at the end the following: ‘‘and fees under 8
subsection (a)(4) (relating to generic inves-9
tigational new animal drug files)’’; 10
(B) in subparagraph (B), by striking ‘‘37.5 11
percent’’ and inserting ‘‘40 percent’’; and 12
(C) in subparagraph (C), by striking ‘‘37.5 13
percent’’ and inserting ‘‘40 percent’’. 14
(c) A
NNUAL
F
EE
S
ETTING
; A
DJUSTMENTS
.— 15
(1) A
NNUAL FEE SETTING
.—Section 741(c)(1) 16
of the Federal Food, Drug, and Cosmetic Act (21 17
U.S.C. 379j–21(c)(1)) is amended to read as follows: 18
‘‘(1) A
NNUAL FEE SETTING
.—The Secretary 19
shall establish, not later than 60 days before the 20
start of each fiscal year beginning after September 21
30, 2023, for that fiscal year— 22
‘‘(A) abbreviated application fees that are 23
based on the revenue amounts established 24
under subsection (b), the adjustments provided 25
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under this subsection, and the amount of fees 1
anticipated to be collected under subsection 2
(a)(4) during that fiscal year; 3
‘‘(B) generic new animal drug sponsor 4
fees, and generic new animal drug product fees, 5
based on the revenue amounts established 6
under subsection (b) and the adjustments pro-7
vided under this subsection; and 8
‘‘(C) a generic investigational new animal 9
drug file fee of $50,000 for each request or 10
submission described in subsection (a)(4)(A).’’. 11
(2) I
NFLATION ADJUSTMENT
.—Section 12
741(c)(2) of the Federal Food, Drug, and Cosmetic 13
Act (21 U.S.C. 379j–21(c)(2)) is amended— 14
(A) in subparagraph (A)— 15
(i) in the matter preceding clause (i), 16
by striking ‘‘2020’’ and inserting ‘‘2025’’; 17
and 18
(ii) in clause (iii), by striking ‘‘Balti-19
more’’ and inserting ‘‘Arlington-Alexan-20
dria’’; and 21
(B) in subparagraph (B), by striking 22
‘‘2020’’ and inserting ‘‘2025’’. 23
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(3) W
ORKLOAD ADJUSTMENT
.—Section 1
741(c)(3) of the Federal Food, Drug, and Cosmetic 2
Act (21 U.S.C. 379j–21(c)(3)) is amended— 3
(A) in subparagraph (A)— 4
(i) in the matter preceding clause (i), 5
by striking ‘‘2020’’ and inserting ‘‘2025’’; 6
(ii) in clause (i)— 7
(I) by striking ‘‘and investiga-8
tional generic new animal drug pro-9
tocol submissions’’ and inserting ‘‘in-10
vestigational generic new animal drug 11
protocol submissions, requests to es-12
tablish a generic investigational new 13
animal drug file, and generic inves-14
tigational new animal drug meeting 15
requests’’; and 16
(II) by striking ‘‘; and’’ and in-17
serting a semicolon; 18
(iii) by redesignating clause (ii) as 19
clause (iii); and 20
(iv) by inserting after clause (i) the 21
following: 22
‘‘(ii) if the workload adjustment cal-23
culated by the Secretary under clause (i) 24
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exceeds 25 percent, the Secretary shall use 1
25 percent for the adjustment; and’’; and 2
(B) in subparagraph (B), by striking 3
‘‘2021 through 2023’’ and inserting ‘‘2026 4
through 2028’’. 5
(4) F
INAL YEAR ADJUSTMENT
.—Section 6
741(c)(4) of the Federal Food, Drug, and Cosmetic 7
Act (21 U.S.C. 379j–21(c)(4)) is amended— 8
(A) by striking ‘‘2023’’ each place it ap-9
pears and inserting ‘‘2028’’; and 10
(B) by striking ‘‘2024’’ and inserting 11
‘‘2029’’. 12
(d) F
EE
W
AIVER OR
R
EDUCTION
; E
XEMPTION
F
ROM
13
F
EES
.—Subsection (d) of section 741 of the Federal 14
Food, Drug, and Cosmetic Act (21 U.S.C. 379j–21) is 15
amended to read as follows: 16
‘‘(d) F
EE
W
AIVER OR
R
EDUCTION
.—The Secretary 17
shall grant a waiver from, or a reduction of, one or more 18
fees assessed under subsection (a) where the Secretary 19
finds that the generic new animal drug is intended solely 20
to provide for a minor use or minor species indication.’’. 21
(e) E
FFECT OF
F
AILURE TO
P
AY
F
EES
.—Section 22
741(e) of the Federal Food, Drug, and Cosmetic Act (21 23
U.S.C. 379j–21(e)) is amended by striking ‘‘The Secretary 24
may discontinue’’ and inserting ‘‘A request to establish a 25
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generic investigational new animal drug file that is sub-1
mitted by a person subject to fees under subsection (a) 2
shall be considered incomplete and shall not be accepted 3
for action by the Secretary until all fees owed by such per-4
son have been paid. The Secretary may discontinue’’. 5
(f) A
SSESSMENT OF
F
EES
.—Section 741(f)(2) of the 6
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379j– 7
21(f)(2)) is amended by striking ‘‘sponsors, and generic 8
new animal drug products at any time’’ and inserting 9
‘‘products, generic new animal drug sponsors, and generic 10
investigational new animal drug files at any time’’. 11
(g) C
REDITING AND
A
VAILABILITY OF
F
EES
.—Sec-12
tion 741(g) of the Federal Food, Drug, and Cosmetic Act 13
(21 U.S.C. 379j–21(g)) is amended— 14
(1) in paragraph (3), by striking ‘‘2019 15
through 2023’’ and inserting ‘‘2024 through 2028’’; 16
(2) by striking the second paragraph (4) (relat-17
ing to Offset), as added by section 202 of the Ani-18
mal Generic Drug User Fee Amendments of 2013 19
(Public Law 113–14); and 20
(3) by adding at the end the following: 21
‘‘(5) R
ECOVERY OF COLLECTION SHORT
-22
FALLS
.—The amount of fees otherwise authorized to 23
be collected under this section shall be increased— 24
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‘‘(A) for fiscal year 2026, by the amount, 1
if any, by which the amount collected under this 2
section and appropriated for fiscal year 2024 3
falls below the amount of fees authorized for 4
fiscal year 2024 under paragraph (3); 5
‘‘(B) for fiscal year 2027, by the amount, 6
if any, by which the amount collected under this 7
section and appropriated for fiscal year 2025 8
falls below the amount of fees authorized for 9
fiscal year 2025 under paragraph (3); and 10
‘‘(C) for fiscal year 2028, by the amount, 11
if any, by which the amount collected under this 12
section and appropriated for fiscal years 2026 13
and 2027 (including estimated collections for 14
fiscal year 2027) falls below the amount of fees 15
authorized for such fiscal years under para-16
graph (3).’’. 17
(h) D
EFINITIONS
.—Section 741(k) of the Federal 18
Food, Drug, and Cosmetic Act (21 U.S.C. 379j–21(k)) is 19
amended— 20
(1) by redesignating paragraphs (8), (9), (10), 21
and (11) as paragraphs (9), (10), (11), and (13), re-22
spectively; 23
(2) by inserting after paragraph (7) the fol-24
lowing: 25
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‘‘(8) G
ENERIC INVESTIGATIONAL NEW ANIMAL
1
DRUG MEETING REQUEST
.—The term ‘generic inves-2
tigational new animal drug meeting request’ means 3
a request submitted by a generic new animal drug 4
sponsor to meet with the Secretary to discuss an in-5
vestigational submission for a generic new animal 6
drug.’’; 7
(3) in paragraph (11) (as so redesignated), by 8
adding at the end the following: 9
‘‘(I) The activities necessary for explo-10
ration and implementation of the United States 11
and European Union Mutual Recognition 12
Agreement for Pharmaceutical Good Manufac-13
turing Practice Inspections, and the United 14
States and United Kingdom Mutual Recogni-15
tion Agreement Sectoral Annex for Pharma-16
ceutical Good Manufacturing Practices, and 17
other mutual recognition agreements, with re-18
spect to generic new animal drug products sub-19
ject to review, including implementation activi-20
ties prior to and following product approval.’’; 21
and 22
(4) by inserting after paragraph (11) (as so re-23
designated) the following: 24
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‘‘(12) R
EQUEST TO ESTABLISH A GENERIC IN
-1
VESTIGATIONAL NEW ANIMAL DRUG FILE
.—The 2
term ‘request to establish a generic investigational 3
new animal drug file’ means the submission to the 4
Secretary of a request to establish a generic inves-5
tigational new animal drug file to contain investiga-6
tional submissions for a generic new animal drug.’’. 7
SEC. 2313. REAUTHORIZATION; REPORTING REQUIRE-8
MENTS. 9
Section 742 of the Federal Food, Drug, and Cosmetic 10
Act (21 U.S.C. 379j–22) is amended— 11
(1) in subsection (a), by striking ‘‘2018’’ and 12
inserting ‘‘2023’’; 13
(2) by striking ‘‘2019’’ each place it appears in 14
subsections (a) and (b) and inserting ‘‘2024’’; and 15
(3) in subsection (d), by striking ‘‘2023’’ each 16
place it appears and inserting ‘‘2028’’. 17
SEC. 2314. SAVINGS CLAUSE. 18
Notwithstanding the amendments made by this chap-19
ter, part 5 of subchapter C of chapter VII of the Federal 20
Food, Drug, and Cosmetic Act (21 U.S.C. 379j–21 et 21
seq.), as in effect on the day before the date of enactment 22
of this chapter, shall continue to be in effect with respect 23
to abbreviated applications for a generic new animal drug 24
and supplemental abbreviated applications for a generic 25
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new animal drug (as defined in such part as of such day) 1
that on or after October 1, 2018, but before October 1, 2
2023, were accepted by the Food and Drug Administra-3
tion for filing with respect to assessing and collecting any 4
fee required by such part for a fiscal year prior to fiscal 5
year 2024. 6
SEC. 2315. EFFECTIVE DATE. 7
The amendments made by this chapter shall take ef-8
fect on October 1, 2023, or the date of the enactment of 9
this Act, whichever is later, except that fees under part 10
5 of subchapter C of chapter VII of the Federal Food, 11
Drug, and Cosmetic Act (21 U.S.C. 379j–21 et seq.), as 12
amended by this chapter, shall be assessed for abbreviated 13
applications for a generic new animal drug and supple-14
mental abbreviated applications for a generic new animal 15
drug received on or after October 1, 2023, regardless of 16
the date of enactment of this Act. 17
SEC. 2316. SUNSET DATES. 18
(a) A
UTHORIZATION
.—Section 741 of the Federal 19
Food, Drug, and Cosmetic Act (21 U.S.C. 379j–21) shall 20
cease to be effective October 1, 2028. 21
(b) R
EPORTING
R
EQUIREMENTS
.—Section 742 of the 22
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379j– 23
22) shall cease to be effective January 31, 2029. 24
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(c) P
REVIOUS
S
UNSET
P
ROVISION
.—Effective Octo-1
ber 1, 2023, subsections (a) and (b) of section 206 of the 2
Animal Generic Drug User Fee Amendments of 2018 3
(Public Law 115–234) are repealed. 4
Subtitle B—Public Health 5
Extenders 6
SEC. 2321. EXTENSION FOR COMMUNITY HEALTH CENTERS, 7
NATIONAL HEALTH SERVICE CORPS, AND 8
TEACHING HEALTH CENTERS THAT OPERATE 9
GME PROGRAMS. 10
(a) T
EACHING
H
EALTH
C
ENTERS
T
HAT
O
PERATE
11
G
RADUATE
M
EDICAL
E
DUCATION
P
ROGRAMS
.—Section 12
340H(g) of the Public Health Service Act (42 U.S.C. 13
256h(g)) is amended— 14
(1) by striking ‘‘and $126,500,000’’ and insert-15
ing ‘‘$126,500,000’’; and 16
(2) by inserting ‘‘and $16,635,616 for the pe-17
riod beginning on October 1, 2023, and ending on 18
November 17, 2023,’’ before ‘‘to remain available’’. 19
(b) E
XTENSION FOR
C
OMMUNITY
H
EALTH
C
EN
-20
TERS
.—Section 10503(b)(1)(F) of the Patient Protection 21
and Affordable Care Act (42 U.S.C. 254b–2(b)(1)(F)) is 22
amended— 23
(1) by striking ‘‘and $4,000,000,000’’ and in-24
serting ‘‘, $4,000,000,000’’; and 25
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(2) by inserting ‘‘, and $526,027,397 for the 1
period beginning on October 1, 2023, and ending on 2
November 17, 2023’’ before the semicolon. 3
(c) E
XTENSION FOR THE
N
ATIONAL
H
EALTH
S
ERV
-4
ICE
C
ORPS
.—Section 10503(b)(2) of the Patient Protec-5
tion and Affordable Care Act (42 U.S.C. 254b–2(b)(2)) 6
is amended— 7
(1) in subparagraph (G), by striking ‘‘and’’ at 8
the end; 9
(2) in subparagraph (H), by striking the period 10
at the end and inserting ‘‘; and’’; and 11
(3) by adding at the end the following: 12
‘‘(I) $40,767,123 for the period beginning 13
on October 1, 2023, and ending on November 14
17, 2023.’’. 15
(d) A
PPLICATION OF
P
ROVISIONS
.—Amounts appro-16
priated pursuant to the amendments made by this section 17
shall be subject to the requirements contained in Public 18
Law 117–328 for funds for programs authorized under 19
sections 330 through 340 of the Public Health Service Act 20
(42 U.S.C. 254b et seq.). 21
(e) T
ECHNICAL AND
C
ONFORMING
A
MENDMENT
.— 22
Section 3014(h)(4) of title 18, United States Code, is 23
amended— 24
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(1) by striking ‘‘Other Extensions Act,,’’ and 1
inserting ‘‘Other Extensions Act,’’; and 2
(2) by striking ‘‘and section 301(d) of division 3
BB of the Consolidated Appropriations Act, 2021.’’ 4
and inserting ‘‘section 301(d) of division BB of the 5
Consolidated Appropriations Act, 2021, and section 6
2321(d) of the Continuing Appropriations Act, 2024 7
and Other Extensions Act’’. 8
SEC. 2322. EXTENSION OF SPECIAL DIABETES PROGRAMS. 9
(a) E
XTENSION OF
S
PECIAL
D
IABETES
P
ROGRAMS
10
FOR
T
YPE
I D
IABETES
.—Section 330B(b)(2) of the Pub-11
lic Health Service Act (42 U.S.C. 254c–2(b)(2)) is amend-12
ed— 13
(1) in subparagraph (C), by striking ‘‘and’’ at 14
the end; 15
(2) in subparagraph (D), by striking the period 16
and inserting ‘‘; and’’; and 17
(3) by adding at the end the following: 18
‘‘(E) $19,726,027 for the period beginning 19
on October 1, 2023, and ending on November 20
17, 2023, to remain available until expended.’’. 21
(b) E
XTENDING
F
UNDING FOR
S
PECIAL
D
IABETES
22
P
ROGRAMS FOR
I
NDIANS
.—Section 330C(c)(2) of the 23
Public Health Service Act (42 U.S.C. 254c–3(c)(2)) is 24
amended— 25
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(1) in subparagraph (C), by striking ‘‘and’’ at 1
the end; 2
(2) in subparagraph (D), by striking the period 3
and inserting ‘‘; and’’; and 4
(3) by adding at the end the following: 5
‘‘(E) $19,726,027 for the period beginning 6
on October 1, 2023, and ending on November 7
17, 2023, to remain available until expended.’’. 8
Subtitle C—Necessary Authorities 9
To Respond to Threats 10
SEC. 2331. EXTENSION OF AUTHORITY TO MAKE CERTAIN 11
APPOINTMENTS OF NATIONAL DISASTER 12
MEDICAL SYSTEM PERSONNEL. 13
Section 2812(c)(4)(B) of the Public Health Service 14
Act (42 U.S.C. 300hh–11(c)(4)(B)) is amended by strik-15
ing ‘‘September 30, 2023’’ and inserting ‘‘November 17, 16
2023’’. 17
SEC. 2332. TEMPORARY REASSIGNMENT OF STATE AND 18
LOCAL PERSONNEL DURING A PUBLIC 19
HEALTH EMERGENCY. 20
Section 319(e)(8) of the Public Health Service Act 21
(42 U.S.C. 247d(e)(8)) is amended by striking ‘‘Sep-22
tember 30, 2023’’ and inserting ‘‘November 17, 2023’’. 23
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SEC. 2333. EXTENSION OF NATIONAL ADVISORY COMMIT-1
TEES. 2
(a) N
ATIONAL
A
DVISORY
C
OMMITTEE ON
C
HILDREN
3
AND
D
ISASTERS
.—Section 2811A(g) of the Public Health 4
Service Act (42 U.S.C. 300hh–10b(g)) is amended by 5
striking ‘‘September 30, 2023’’ and inserting ‘‘November 6
17, 2023’’. 7
(b) N
ATIONAL
A
DVISORY
C
OMMITTEE ON
S
ENIORS
8
AND
D
ISASTERS
.—Section 2811B(g)(1) of the Public 9
Health Service Act (42 U.S.C. 300hh–10c(g)(1)) is 10
amended by striking ‘‘September 30, 2023’’ and inserting 11
‘‘November 17, 2023’’. 12
(c) N
ATIONAL
A
DVISORY
C
OMMITTEE ON
I
NDIVID
-13
UALS
W
ITH
D
ISABILITIES AND
D
ISASTERS
.—Section 14
2811C(g)(1) of the Public Health Service Act (42 U.S.C. 15
300hh–10d(g)(1)) is amended by striking ‘‘September 30, 16
2023’’ and inserting ‘‘November 17, 2023’’. 17
Subtitle D—Medicaid 18
SEC. 2341. DSH DELAY. 19
Section 1923(f)(7)(A) of the Social Security Act (42 20
U.S.C. 1396r–4(f)(7)(A)) is amended— 21
(1) in clause (i)— 22
(A) in the matter preceding subclause (I), 23
by striking ‘‘For each of fiscal years 2024 24
through 2027’’ and inserting ‘‘For the period 25
beginning November 18, 2023, and ending Sep-26
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tember 30, 2024, and for each of fiscal years 1
2025 through 2027’’; and 2
(B) in subclauses (I) and (II), by inserting 3
‘‘or period’’ after ‘‘the fiscal year’’ each place it 4
appears; and 5
(2) in clause (ii), by striking ‘‘for each of fiscal 6
years 2024 through 2027’’ and inserting ‘‘for the 7
period beginning November 18, 2023, and ending 8
September 30, 2024, and for each of fiscal years 9
2025 through 2027.’’. 10
SEC. 2342. MIF REDUCTION. 11
Section 1941(b)(3)(A) of the Social Security Act (42 12
U.S.C. 1396w–1(b)(3)(A)) is amended by striking 13
‘‘$7,000,000,000’’ and inserting ‘‘$6,357,117,810’’. 14
Subtitle E—Human Services 15
SEC. 2351. EXTENSION OF CHILD AND FAMILY SERVICES 16
PROGRAMS. 17
Activities authorized by part B of title IV of the So-18
cial Security Act shall continue through November 17, 19
2023, in the manner authorized for fiscal year 2023, and 20
out of any money in the Treasury of the United States 21
not otherwise appropriated, there are hereby appropriated 22
such sums as may be necessary for such purpose. 23
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SEC. 2352. SEXUAL RISK AVOIDANCE EDUCATION EXTEN-1
SION. 2
Section 510 of the Social Security Act (42 U.S.C. 3
710) is amended— 4
(1) in subsection (a)— 5
(A) in paragraph (1)— 6
(i) in the matter preceding subpara-7
graph (A)— 8
(I) by inserting ‘‘and for the pe-9
riod beginning on October 1, 2023, 10
and ending on November 17, 2023’’ 11
after ‘‘2023’’; and 12
(II) by inserting ‘‘(or, with re-13
spect to such period, for fiscal year 14
2024)’’ after ‘‘for the fiscal year’’; 15
and 16
(ii) in subparagraph (A), by inserting 17
‘‘or period’’ after ‘‘fiscal year’’ each place 18
it appears; and 19
(B) in paragraph (2)— 20
(i) in subparagraph (A), by inserting 21
‘‘and with respect to fiscal year 2024, for 22
the period described in paragraph (1)’’ 23
after ‘‘2023’’; and 24
(ii) in subparagraph (B)(i), by insert-25
ing ‘‘(or, with respect to fiscal year 2024, 26
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for the period described in paragraph (1))’’ 1
after ‘‘for the fiscal year’’; and 2
(2) in subsection (f)— 3
(A) in paragraph (1), by inserting ‘‘, and 4
for the period beginning on October 1, 2023, 5
and ending on November 17, 2023, an amount 6
equal to the pro rata portion of the amount ap-7
propriated for the corresponding period for fis-8
cal year 2023’’ after ‘‘2023’’; and 9
(B) in paragraph (2), by inserting ‘‘and 10
for the period described in paragraph (1),’’ 11
after ‘‘2023,’’. 12
SEC. 2353. PERSONAL RESPONSIBILITY EDUCATION EXTEN-13
SION. 14
Section 513 of the Social Security Act (42 U.S.C. 15
713) is amended— 16
(1) in subsection (a)— 17
(A) in paragraph (1)— 18
(i) in subparagraph (A)— 19
(I) in the matter preceding clause 20
(i), by inserting ‘‘and for the period 21
beginning on October 1, 2023, and 22
ending on November 17, 2023’’ after 23
‘‘2023’’; and 24
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(II) in clause (i), by inserting ‘‘or 1
period’’ after ‘‘for the fiscal year’’; 2
(ii) in subparagraph (B)(i), by insert-3
ing the following after the period: ‘‘The 4
previous sentence shall not apply with re-5
spect to State allotments under this para-6
graph for the period beginning on October 7
1, 2023, and ending on November 17, 8
2023.’’; and 9
(iii) in subparagraph (C)(i)— 10
(I) by inserting ‘‘or the period 11
described in subparagraph (A)’’ after 12
‘‘for a fiscal year’’; and 13
(II) by inserting ‘‘or period’’ 14
after ‘‘the fiscal year’’; 15
(B) in paragraph (3)— 16
(i) by inserting ‘‘or the period de-17
scribed in paragraph (1)(A)’’ after ‘‘for a 18
fiscal year’’; and 19
(ii) by inserting ‘‘or period’’ after 20
‘‘such fiscal year’’; and 21
(C) in paragraph (4)— 22
(i) by inserting ‘‘and for the period 23
described in paragraph (1)(A)’’ after ‘‘fis-24
cal years 2010 through 2023’’; 25
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(ii) by inserting ‘‘and for the period so 1
described’’ after ‘‘fiscal years 2012 2
through 2023’’; and 3
(iii) by inserting ‘‘or the period so de-4
scribed’’ after ‘‘for a fiscal year’’; 5
(2) in subsection (c)— 6
(A) in each of paragraphs (1) and (2), by 7
striking ‘‘From’’ and inserting ‘‘Subject to 8
paragraph (3), from’’; and 9
(B) by adding at the end the following: 10
‘‘(3) E
XCEPTION
.—Paragraphs (1) and (2) 11
shall not apply with respect to any amount appro-12
priated under subsection (f) for the period described 13
in subsection (a)(1)(A).’’; and 14
(3) in subsection (f), by inserting ‘‘, and for the 15
period beginning on October 1, 2023, and ending on 16
November 17, 2023, an amount equal to the pro 17
rata portion of the amount appropriated for the cor-18
responding period for fiscal year 2023’’ after 19
‘‘2023’’. 20
TITLE IV—BUDGETARY EFFECTS 21
SEC. 2401. BUDGETARY EFFECTS. 22
(a) S
TATUTORY
P
AYGO
S
CORECARDS
.—The budg-23
etary effects of this division shall not be entered on either 24
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71
HR 5860 CPH
PAYGO scorecard maintained pursuant to section 4(d) of 1
the Statutory Pay-As-You-Go Act of 2010. 2
(b) S
ENATE
P
AYGO
S
CORECARDS
.—The budgetary 3
effects of this division shall not be entered on any PAYGO 4
scorecard maintained for purposes of section 4106 of H. 5
Con. Res. 71 (115th Congress). 6
(c) C
LASSIFICATION OF
B
UDGETARY
E
FFECTS
.— 7
Notwithstanding Rule 3 of the Budget Scorekeeping 8
Guidelines set forth in the joint explanatory statement of 9
the committee of conference accompanying Conference Re-10
port 105–217 and section 250(c)(8) of the Balanced 11
Budget and Emergency Deficit Control Act of 1985, the 12
budgetary effects of this division shall not be estimated— 13
(1) for purposes of section 251 of such Act; 14
(2) for purposes of an allocation to the Com-15
mittee on Appropriations pursuant to section 302(a) 16
of the Congressional Budget Act of 1974; and 17
(3) for purposes of paragraph (4)(C) of section 18
3 of the Statutory Pay-As-You-Go Act of 2010 as 19
being included in an appropriation Act. 20
Æ
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