[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7148 Placed on Calendar Senate (PCS)]
<DOC>
Calendar No. 302
119th CONGRESS
2d Session
H. R. 7148
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 26 (legislative day, January 15), 2026
Received; read the first time
January 26, 2026
Read the second time and placed on the calendar
_______________________________________________________________________
AN ACT
Making further consolidated appropriations for the fiscal year ending
September 30, 2026, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Consolidated Appropriations Act,
2026''.
SEC. 2. TABLE OF CONTENTS.
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.
Sec. 4. Explanatory statement.
Sec. 5. Statement of appropriations.
Sec. 6. Payment to Widows and Heirs of Deceased Members of Congress.
DIVISION A--DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2026
Title I--Military Personnel
Title II--Operation and Maintenance
Title III--Procurement
Title IV--Research, Development, Test and Evaluation
Title V--Revolving and Management Funds
Title VI--Other Department of Defense Programs
Title VII--Related Agencies
Title VIII--General Provisions
DIVISION B--DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND
EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2026
Title I--Department of Labor
Title II--Department of Health and Human Services
Title III--Department of Education
Title IV--Related Agencies
Title V--General Provisions
DIVISION D--TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2026
Title I--Department of Transportation
Title II--Department of Housing and Urban Development
Title III--Related Agencies
Title IV--General Provisions--This Act
DIVISION E--FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS
ACT, 2026
Title I--Department of the Treasury
Title II--Executive Office of the President and Funds Appropriated to
the President
Title III--The Judiciary
Title IV--District of Columbia
Title V--Independent Agencies
Title VI--General Provisions--This Act
Title VII--General Provisions--Government-wide
Title VIII--General Provisions--District of Columbia
DIVISION F--NATIONAL SECURITY, DEPARTMENT OF STATE, AND RELATED
PROGRAMS APPROPRIATIONS ACT, 2026
Title I--Department of State and Related Programs
Title II--Administration of Assistance
Title III--Bilateral Economic Assistance
Title IV--International Security Assistance
Title V--Multilateral Assistance
Title VI--Export and Investment Assistance
Title VII--General Provisions
DIVISION G--OTHER MATTERS
DIVISION H--DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2026
Title I--Departmental Management, Intelligence, Situational Awareness,
and Oversight
Title II--Security, Enforcement, and Investigations
Title III--Protection, Preparedness, Response, and Recovery
Title IV--Research, Development, Training, and Services
Title V--General Provisions
DIVISION I--AUTHORIZING EXTENDERS AND TECHNICAL CORRECTIONS
DIVISION J--HEALTH CARE EXTENDERS
SEC. 3. REFERENCES.
Except as expressly provided otherwise, any reference to ``this
Act'' contained in any division of this Act shall be treated as
referring only to the provisions of that division.
SEC. 4. EXPLANATORY STATEMENT.
The explanatory statement regarding this Act, printed in
the House section of the Congressional Record on or about
January 21, 2026, and submitted by the chair of the Committee
on Appropriations of the House, shall have the same effect with
respect to the allocation of funds and implementation of
divisions A through D of this Act as if it were a joint
explanatory statement of a committee of conference.
The explanatory statement regarding division A of H.R. 7006
of the 119th Congress, the explanatory statement regarding
division B of H.R. 7006 of the 119th Congress, and the
explanatory statement regarding division C of H.R. 7006 of the
119th Congress, printed in the House section of the
Congressional Record on January 14, 2026, and submitted by the
chair of the Committee on Appropriations of the House, shall
each have the same effect with respect to the allocation of
funds and implementation of divisions E, F, and G,
respectively, of this Act as if they were each a joint
explanatory statement of a committee of conference.
The explanatory statement regarding H.R. 7147 of the 119th
Congress, printed in the House section of the Congressional
Record on or about January 21, 2026, and submitted by the chair
of the Committee on Appropriations of the House, shall have the
same effect with respect to the allocation of funds and
implementation of division H of this Act as if it were a joint
explanatory statement of a committee of conference.
SEC. 5. STATEMENT OF APPROPRIATIONS.
The following sums in this Act are appropriated, out of any money
in the Treasury not otherwise appropriated, for the fiscal year ending
September 30, 2026.
SEC. 6. PAYMENT TO WIDOWS AND HEIRS OF DECEASED MEMBERS OF CONGRESS.
For payment to Jill Marie LaMalfa, widow of Douglas L. LaMalfa,
late a Representative from the State of California, $174,000.
DIVISION A--DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2026
TITLE I
MILITARY PERSONNEL
Military Personnel, Army
For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, for members of
the Army on active duty (except members of reserve components provided
for elsewhere), cadets, and aviation cadets; for members of the Reserve
Officers' Training Corps; and for payments pursuant to section 156 of
Public Law 97-377, as amended (42 U.S.C. 402 note), and to the
Department of Defense Military Retirement Fund, $54,538,366,000.
Military Personnel, Navy
For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, for members of
the Navy on active duty (except members of the Reserve provided for
elsewhere), midshipmen, and aviation cadets; for members of the Reserve
Officers' Training Corps; and for payments pursuant to section 156 of
Public Law 97-377, as amended (42 U.S.C. 402 note), and to the
Department of Defense Military Retirement Fund, $40,544,559,000.
Military Personnel, Marine Corps
For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, for members of
the Marine Corps on active duty (except members of the Reserve provided
for elsewhere); and for payments pursuant to section 156 of Public Law
97-377, as amended (42 U.S.C. 402 note), and to the Department of
Defense Military Retirement Fund, $16,990,389,000.
Military Personnel, Air Force
For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, for members of
the Air Force on active duty (except members of reserve components
provided for elsewhere), cadets, and aviation cadets; for members of
the Reserve Officers' Training Corps; and for payments pursuant to
section 156 of Public Law 97-377, as amended (42 U.S.C. 402 note), and
to the Department of Defense Military Retirement Fund, $38,768,392,000.
Military Personnel, Space Force
For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, for members of
the Space Force on duty as described in section 20108 of title 10,
United States Code and cadets; for members of the Reserve Officers'
Training Corps; for expenses authorized by section 16131 of title 10,
United States Code; and for payments pursuant to section 156 of Public
Law 97-377, as amended (42 U.S.C. 402 note), and to the Department of
Defense Military Retirement Fund, $1,494,342,000.
Reserve Personnel, Army
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Army Reserve on active duty under
sections 10211, 10302, and 7038 of title 10, United States Code, or
while serving on active duty under section 12301(d) of title 10, United
States Code, in connection with performing duty specified in section
12310(a) of title 10, United States Code, or while undergoing reserve
training, or while performing drills or equivalent duty or other duty,
and expenses authorized by section 16131 of title 10, United States
Code; and for payments to the Department of Defense Military Retirement
Fund, $5,733,696,000.
Reserve Personnel, Navy
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Navy Reserve on active duty under
section 10211 of title 10, United States Code, or while serving on
active duty under section 12301(d) of title 10, United States Code, in
connection with performing duty specified in section 12310(a) of title
10, United States Code, or while undergoing reserve training, or while
performing drills or equivalent duty, and expenses authorized by
section 16131 of title 10, United States Code; and for payments to the
Department of Defense Military Retirement Fund, $2,712,359,000.
Reserve Personnel, Marine Corps
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Marine Corps Reserve on active
duty under section 10211 of title 10, United States Code, or while
serving on active duty under section 12301(d) of title 10, United
States Code, in connection with performing duty specified in section
12310(a) of title 10, United States Code, or while undergoing reserve
training, or while performing drills or equivalent duty, and for
members of the Marine Corps platoon leaders class, and expenses
authorized by section 16131 of title 10, United States Code; and for
payments to the Department of Defense Military Retirement Fund,
$1,002,925,000.
Reserve Personnel, Air Force
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Air Force Reserve on active duty
under sections 10211, 10305, and 9038 of title 10, United States Code,
or while serving on active duty under section 12301(d) of title 10,
United States Code, in connection with performing duty specified in
section 12310(a) of title 10, United States Code, or while undergoing
reserve training, or while performing drills or equivalent duty or
other duty, and expenses authorized by section 16131 of title 10,
United States Code; and for payments to the Department of Defense
Military Retirement Fund, $2,701,115,000.
National Guard Personnel, Army
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Army National Guard while on duty
under sections 10211, 10302, or 12402 of title 10 or section 708 of
title 32, United States Code, or while serving on duty under section
12301(d) of title 10 or section 502(f) of title 32, United States Code,
in connection with performing duty specified in section 12310(a) of
title 10, United States Code, or while undergoing training, or while
performing drills or equivalent duty or other duty, and expenses
authorized by section 16131 of title 10, United States Code; and for
payments to the Department of Defense Military Retirement Fund,
$10,476,992,000.
National Guard Personnel, Air Force
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Air National Guard on duty under
sections 10211, 10305, or 12402 of title 10 or section 708 of title 32,
United States Code, or while serving on duty under section 12301(d) of
title 10 or section 502(f) of title 32, United States Code, in
connection with performing duty specified in section 12310(a) of title
10, United States Code, or while undergoing training, or while
performing drills or equivalent duty or other duty, and expenses
authorized by section 16131 of title 10, United States Code; and for
payments to the Department of Defense Military Retirement Fund,
$5,467,187,000.
TITLE II
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Army, as authorized by law,
$58,249,178,000: Provided, That not to exceed $12,478,000 may be used
for emergencies and extraordinary expenses, to be expended upon the
approval or authority of the Secretary of the Army, and payments may be
made upon the Secretary's certificate of necessity for confidential
military purposes.
Operation and Maintenance, Navy
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Navy and the Marine Corps, as
authorized by law, $74,723,177,000: Provided, That not to exceed
$15,055,000 may be used for emergencies and extraordinary expenses, to
be expended upon the approval or authority of the Secretary of the
Navy, and payments may be made upon the Secretary's certificate of
necessity for confidential military purposes.
Operation and Maintenance, Marine Corps
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Marine Corps, as authorized by law,
$10,983,917,000.
Operation and Maintenance, Air Force
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Air Force, as authorized by law,
$61,542,591,000: Provided, That not to exceed $8,238,000 may be used
for emergencies and extraordinary expenses, to be expended upon the
approval or authority of the Secretary of the Air Force, and payments
may be made upon the Secretary's certificate of necessity for
confidential military purposes.
Operation and Maintenance, Space Force
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Space Force, as authorized by law,
$5,687,748,000.
Operation and Maintenance, Defense-Wide
(including transfer of funds)
For expenses, not otherwise provided for, necessary for the
operation and maintenance of activities and agencies of the Department
of Defense (other than the military departments), as authorized by law,
$56,089,818,000: Provided, That not more than $2,981,000 may be used
for the Combatant Commander Initiative Fund authorized under section
166a of title 10, United States Code: Provided further, That not to
exceed $36,000,000 may be used for emergencies and extraordinary
expenses, to be expended upon the approval or authority of the
Secretary of Defense, and payments may be made upon the Secretary's
certificate of necessity for confidential military purposes: Provided
further, That of the funds provided under this heading, not less than
$60,000,000 shall be made available for the APEX Accelerators, of which
not less than $5,000,000 shall be available for centers with eligible
entities defined in 10 U.S.C. 4951(1)(D): Provided further, That none
of the funds appropriated or otherwise made available by this Act may
be used to plan or implement the consolidation or elimination of a
budget or appropriations liaison office of the Office of the Secretary
of Defense, the office of the Secretary of a military department, or
the service headquarters of one of the Armed Forces into a legislative
affairs or legislative liaison office: Provided further, That of the
funds provided under this heading, not less than $86,500,000 shall be
made available to the Defense Information Systems Agency for Defense
Agencies and Field Activities network optimization and transition
costs: Provided further, That of the funds provided under this
heading, $3,121,000, to remain available until September 30, 2027,
shall be available only for expenses relating to certain classified
activities: Provided further, That of the funds provided under this
heading, $27,693,000, to remain available until expended, shall be
available only for expenses relating to certain classified activities,
and may be transferred as necessary by the Secretary of Defense to
operation and maintenance appropriations or research, development, test
and evaluation appropriations, to be merged with and to be available
for the same time period as the appropriations to which transferred:
Provided further, That any ceiling on the investment item unit cost of
items that may be purchased with operation and maintenance funds shall
not apply to the funds described in the preceding proviso: Provided
further, That of the funds provided under this heading, $3,673,457,000,
of which $1,499,808,000, to remain available until September 30, 2027,
shall be available to provide support and assistance to foreign
security forces or other groups or individuals to conduct, support or
facilitate counterterrorism, crisis response, or other Department of
Defense security cooperation programs: Provided further, That the
Secretary of Defense shall provide quarterly reports to the Committees
on Appropriations of the House of Representatives and the Senate on the
use and status of funds made available in this paragraph: Provided
further, That the transfer authority provided under this heading is in
addition to any other transfer authority provided elsewhere in this
Act.
Counter-ISIS Train and Equip Fund
For the ``Counter-Islamic State of Iraq and Syria Train and Equip
Fund'', $342,516,000, to remain available until September 30, 2027:
Provided, That such funds shall be available to the Secretary of
Defense in coordination with the Secretary of State, to provide
assistance, including training; equipment; logistics support, supplies,
and services; stipends; infrastructure repair and renovation;
construction for facility fortification and humane treatment; and
sustainment, to foreign security forces, irregular forces, groups, or
individuals participating, or preparing to participate in activities to
counter the Islamic State of Iraq and Syria, and their affiliated or
associated groups: Provided further, That amounts made available under
this heading shall be available to provide assistance only for
activities in a country designated by the Secretary of Defense, in
coordination with the Secretary of State, as having a security mission
to counter the Islamic State of Iraq and Syria, and following written
notification to the congressional defense committees of such
designation: Provided further, That the Secretary of Defense shall
ensure that prior to providing assistance to elements of any forces or
individuals, such elements or individuals are appropriately vetted,
including at a minimum, assessing such elements for associations with
terrorist groups or groups associated with the Government of Iran; and
receiving commitments from such elements to promote respect for human
rights and the rule of law: Provided further, That the Secretary of
Defense shall, not fewer than 15 days prior to obligating from this
appropriation account, notify the congressional defense committees in
writing of the details of any such obligation: Provided further, That
the Secretary of Defense may accept and retain contributions, including
assistance in-kind, from foreign governments, including the Government
of Iraq and other entities, to carry out assistance authorized under
this heading: Provided further, That contributions of funds for the
purposes provided herein from any foreign government or other entity
may be credited to this Fund, to remain available until expended, and
used for such purposes: Provided further, That the Secretary of
Defense shall prioritize such contributions when providing any
assistance for construction for facility fortification: Provided
further, That the Secretary of Defense may waive a provision of law
relating to the acquisition of items and support services or sections
40 and 40A of the Arms Export Control Act (22 U.S.C. 2780 and 2785) if
the Secretary determines that such provision of law would prohibit,
restrict, delay or otherwise limit the provision of such assistance and
a notice of and justification for such waiver is submitted to the
congressional defense committees, the Committees on Appropriations and
Foreign Relations of the Senate and the Committees on Appropriations
and Foreign Affairs of the House of Representatives: Provided further,
That the United States may accept equipment procured using funds
provided under this heading, or under the heading, ``Iraq Train and
Equip Fund'' in prior Acts, that was transferred to security forces,
irregular forces, or groups participating, or preparing to participate
in activities to counter the Islamic State of Iraq and Syria and
returned by such forces or groups to the United States, and such
equipment may be treated as stocks of the Department of Defense upon
written notification to the congressional defense committees: Provided
further, That equipment procured using funds provided under this
heading, or under the heading, ``Iraq Train and Equip Fund'' in prior
Acts, and not yet transferred to security forces, irregular forces, or
groups participating, or preparing to participate in activities to
counter the Islamic State of Iraq and Syria may be treated as stocks of
the Department of Defense when determined by the Secretary to no longer
be required for transfer to such forces or groups and upon written
notification to the congressional defense committees: Provided
further, That none of the funds made available under this heading may
be used to procure or transfer man-portable air defense systems:
Provided further, That the Secretary of Defense shall provide quarterly
reports to the congressional defense committees on the use of funds
provided under this heading, including, but not limited to, the number
of individuals trained, the nature and scope of support and sustainment
provided to each group or individual, the area of operations for each
group, and the contributions of other countries, groups, or
individuals.
Operation and Maintenance, Army Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Army Reserve; repair of facilities and
equipment; hire of passenger motor vehicles; travel and transportation;
care of the dead; recruiting; procurement of services, supplies, and
equipment; and communications, $3,258,861,000.
Operation and Maintenance, Navy Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Navy Reserve; repair of facilities and
equipment; hire of passenger motor vehicles; travel and transportation;
care of the dead; recruiting; procurement of services, supplies, and
equipment; and communications, $1,421,774,000.
Operation and Maintenance, Marine Corps Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Marine Corps Reserve; repair of facilities and
equipment; hire of passenger motor vehicles; travel and transportation;
care of the dead; recruiting; procurement of services, supplies, and
equipment; and communications, $319,941,000.
Operation and Maintenance, Air Force Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Air Force Reserve; repair of facilities and
equipment; hire of passenger motor vehicles; travel and transportation;
care of the dead; recruiting; procurement of services, supplies, and
equipment; and communications, $4,246,342,000.
Operation and Maintenance, Army National Guard
For expenses of training, organizing, and administering the Army
National Guard, including medical and hospital treatment and related
expenses in non-Federal hospitals; maintenance, operation, and repairs
to structures and facilities; hire of passenger motor vehicles;
personnel services in the National Guard Bureau; travel expenses (other
than mileage), as authorized by law for Army personnel on active duty,
for Army National Guard division, regimental, and battalion commanders
while inspecting units in compliance with National Guard Bureau
regulations when specifically authorized by the Chief, National Guard
Bureau; supplying and equipping the Army National Guard as authorized
by law; and expenses of repair, modification, maintenance, and issue of
supplies and equipment (including aircraft), $8,578,238,000.
Operation and Maintenance, Air National Guard
For expenses of training, organizing, and administering the Air
National Guard, including medical and hospital treatment and related
expenses in non-Federal hospitals; maintenance, operation, and repairs
to structures and facilities; transportation of things, hire of
passenger motor vehicles; supplying and equipping the Air National
Guard, as authorized by law; expenses for repair, modification,
maintenance, and issue of supplies and equipment, including those
furnished from stocks under the control of agencies of the Department
of Defense; travel expenses (other than mileage) on the same basis as
authorized by law for Air National Guard personnel on active Federal
duty, for Air National Guard commanders while inspecting units in
compliance with National Guard Bureau regulations when specifically
authorized by the Chief, National Guard Bureau, $7,267,399,000.
United States Court of Appeals for the Armed Forces
For salaries and expenses necessary for the United States Court of
Appeals for the Armed Forces, $21,243,000, of which not to exceed
$10,000 may be used for official representation purposes.
Environmental Restoration, Army
(including transfer of funds)
For the Department of the Army, $190,870,000, to remain available
until transferred: Provided, That the Secretary of the Army shall,
upon determining that such funds are required for environmental
restoration, reduction and recycling of hazardous waste, removal of
unsafe buildings and debris of the Department of the Army, or for
similar purposes, transfer the funds made available by this
appropriation to other appropriations made available to the Department
of the Army, to be merged with and to be available for the same
purposes and for the same time period as the appropriations to which
transferred: Provided further, That upon a determination that all or
part of the funds transferred from this appropriation are not necessary
for the purposes provided herein, such amounts may be transferred back
to this appropriation: Provided further, That the transfer authority
provided under this heading is in addition to any other transfer
authority provided elsewhere in this Act.
Environmental Restoration, Navy
(including transfer of funds)
For the Department of the Navy, $368,949,000, to remain available
until transferred: Provided, That the Secretary of the Navy shall,
upon determining that such funds are required for environmental
restoration, reduction and recycling of hazardous waste, removal of
unsafe buildings and debris of the Department of the Navy, or for
similar purposes, transfer the funds made available by this
appropriation to other appropriations made available to the Department
of the Navy, to be merged with and to be available for the same
purposes and for the same time period as the appropriations to which
transferred: Provided further, That upon a determination that all or
part of the funds transferred from this appropriation are not necessary
for the purposes provided herein, such amounts may be transferred back
to this appropriation: Provided further, That the transfer authority
provided under this heading is in addition to any other transfer
authority provided elsewhere in this Act.
Environmental Restoration, Air Force
(including transfer of funds)
For the Department of the Air Force, $396,149,000, to remain
available until transferred: Provided, That the Secretary of the Air
Force shall, upon determining that such funds are required for
environmental restoration, reduction and recycling of hazardous waste,
removal of unsafe buildings and debris of the Department of the Air
Force, or for similar purposes, transfer the funds made available by
this appropriation to other appropriations made available to the
Department of the Air Force, to be merged with and to be available for
the same purposes and for the same time period as the appropriations to
which transferred: Provided further, That upon a determination that
all or part of the funds transferred from this appropriation are not
necessary for the purposes provided herein, such amounts may be
transferred back to this appropriation: Provided further, That the
transfer authority provided under this heading is in addition to any
other transfer authority provided elsewhere in this Act.
Environmental Restoration, Defense-Wide
(including transfer of funds)
For the Department of Defense, $8,885,000, to remain available
until transferred: Provided, That the Secretary of Defense shall, upon
determining that such funds are required for environmental restoration,
reduction and recycling of hazardous waste, removal of unsafe buildings
and debris of the Department of Defense, or for similar purposes,
transfer the funds made available by this appropriation to other
appropriations made available to the Department of Defense, to be
merged with and to be available for the same purposes and for the same
time period as the appropriations to which transferred: Provided
further, That upon a determination that all or part of the funds
transferred from this appropriation are not necessary for the purposes
provided herein, such amounts may be transferred back to this
appropriation: Provided further, That the transfer authority provided
under this heading is in addition to any other transfer authority
provided elsewhere in this Act.
Environmental Restoration, Formerly Used Defense Sites
(including transfer of funds)
For the Department of the Army, $235,156,000, to remain available
until transferred: Provided, That the Secretary of the Army shall,
upon determining that such funds are required for environmental
restoration, reduction and recycling of hazardous waste, removal of
unsafe buildings and debris at sites formerly used by the Department of
Defense, transfer the funds made available by this appropriation to
other appropriations made available to the Department of the Army, to
be merged with and to be available for the same purposes and for the
same time period as the appropriations to which transferred: Provided
further, That upon a determination that all or part of the funds
transferred from this appropriation are not necessary for the purposes
provided herein, such amounts may be transferred back to this
appropriation: Provided further, That the transfer authority provided
under this heading is in addition to any other transfer authority
provided elsewhere in this Act.
Overseas Humanitarian, Disaster, and Civic Aid
For expenses relating to the Overseas Humanitarian, Disaster, and
Civic Aid programs of the Department of Defense (consisting of the
programs provided under sections 401, 402, 404, 407, 2557, and 2561 of
title 10, United States Code), $100,793,000, to remain available until
September 30, 2027.
Cooperative Threat Reduction Account
For assistance, including assistance provided by contract or by
grants, under programs and activities of the Department of Defense
Cooperative Threat Reduction Program authorized under the Department of
Defense Cooperative Threat Reduction Act, $282,830,000, to remain
available until September 30, 2028.
Department of Defense Acquisition Workforce Development Account
For the Department of Defense Acquisition Workforce Development
Account, $50,846,000: Provided, That no other amounts may be otherwise
credited or transferred to the Account, or deposited into the Account,
in fiscal year 2026 pursuant to section 1705(d) of title 10, United
States Code.
TITLE III
PROCUREMENT
Aircraft Procurement, Army
For construction, procurement, production, modification, and
modernization of aircraft, equipment, including ordnance, ground
handling equipment, spare parts, and accessories therefor; specialized
equipment and training devices; expansion of public and private plants,
including the land necessary therefor, for the foregoing purposes, and
such lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the foregoing
purposes, $3,625,324,000, to remain available for obligation until
September 30, 2028.
Missile Procurement, Army
For construction, procurement, production, modification, and
modernization of missiles, equipment, including ordnance, ground
handling equipment, spare parts, and accessories therefor; specialized
equipment and training devices; expansion of public and private plants,
including the land necessary therefor, for the foregoing purposes, and
such lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the foregoing
purposes, $7,287,263,000, to remain available for obligation until
September 30, 2028.
Procurement of Weapons and Tracked Combat Vehicles, Army
For construction, procurement, production, and modification of
weapons and tracked combat vehicles, equipment, including ordnance,
spare parts, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including the
land necessary therefor, for the foregoing purposes, and such lands and
interests therein, may be acquired, and construction prosecuted thereon
prior to approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and private plants;
reserve plant and Government and contractor-owned equipment layaway;
and other expenses necessary for the foregoing purposes,
$3,005,021,000, to remain available for obligation until September 30,
2028.
Procurement of Ammunition, Army
For construction, procurement, production, and modification of
ammunition, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including
ammunition facilities, authorized by section 2854 of title 10, United
States Code, and the land necessary therefor, for the foregoing
purposes, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and machine
tools in public and private plants; reserve plant and Government and
contractor-owned equipment layaway; and other expenses necessary for
the foregoing purposes, $4,576,705,000, to remain available for
obligation until September 30, 2028.
Other Procurement, Army
For construction, procurement, production, and modification of
vehicles, including tactical, support, and non-tracked combat vehicles;
the purchase of passenger motor vehicles for replacement only;
communications and electronic equipment; other support equipment; spare
parts, ordnance, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including the
land necessary therefor, for the foregoing purposes, and such lands and
interests therein, may be acquired, and construction prosecuted thereon
prior to approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and private plants;
reserve plant and Government and contractor-owned equipment layaway;
and other expenses necessary for the foregoing purposes,
$9,412,655,000, to remain available for obligation until September 30,
2028.
Aircraft Procurement, Navy
For construction, procurement, production, modification, and
modernization of aircraft, equipment, including ordnance, spare parts,
and accessories therefor; specialized equipment; expansion of public
and private plants, including the land necessary therefor, and such
lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway, $17,239,853,000, to remain available for obligation
until September 30, 2028.
Weapons Procurement, Navy
For construction, procurement, production, modification, and
modernization of missiles, torpedoes, other weapons, and related
support equipment including spare parts, and accessories therefor;
expansion of public and private plants, including the land necessary
therefor, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and machine
tools in public and private plants; reserve plant and Government and
contractor-owned equipment layaway, $6,086,954,000, to remain available
for obligation until September 30, 2028.
Procurement of Ammunition, Navy and Marine Corps
For construction, procurement, production, and modification of
ammunition, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including
ammunition facilities, authorized by section 2854 of title 10, United
States Code, and the land necessary therefor, for the foregoing
purposes, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and machine
tools in public and private plants; reserve plant and Government and
contractor-owned equipment layaway; and other expenses necessary for
the foregoing purposes, $1,098,630,000, to remain available for
obligation until September 30, 2028.
Shipbuilding and Conversion, Navy
For expenses necessary for the construction, acquisition, or
conversion of vessels as authorized by law, including armor and
armament thereof, plant equipment, appliances, and machine tools and
installation thereof in public and private plants; reserve plant and
Government and contractor-owned equipment layaway; procurement of
critical, long lead time components and designs for vessels to be
constructed or converted in the future; and expansion of public and
private plants, including land necessary therefor, and such lands and
interests therein, may be acquired, and construction prosecuted thereon
prior to approval of title, as follows:
Columbia Class Submarine, $3,928,828,000;
Columbia Class Submarine (AP), $5,350,766,000;
Carrier Replacement Program (CVN-80), $1,046,700,000;
Carrier Replacement Program (AP), $612,038,000;
Carrier Replacement Program (CVN-81), $1,622,935,000;
Virginia Class Submarine, $2,740,305,000;
Virginia Class Submarine (AP), $3,126,816,000;
CVN Refueling Overhauls, $1,579,011,000;
DDG-1000 Program, $52,358,000;
DDG-51 Destroyer, $10,773,000;
DDG-51 Destroyer (AP), $1,750,000,000;
FFG-Frigate, $100,000,000;
FF(X)-Frigate, $242,000,000;
Medium Landing Ship, $800,000,000;
TAO Fleet Oiler, $8,346,000;
TAGOS Surtass Ships, $612,205,000;
Towing, Salvage, and Rescue Ship, $141,500,000;
Ship to Shore Connector, $320,000,000;
Service Craft, $174,602,000;
Auxiliary Personnel Lighter, $79,000,000;
Auxiliary Vessels, $290,000,000;
For outfitting, post delivery, conversions, and first
destination transportation, $886,846,000; and
Completion of Prior Year Shipbuilding Programs,
$1,676,587,000.
In all: $27,151,616,000, to remain available for obligation until
September 30, 2030: Provided, That additional obligations may be
incurred after September 30, 2030, for engineering services, tests,
evaluations, and other such budgeted work that must be performed in the
final stage of ship construction: Provided further, That none of the
funds provided under this heading for the construction or conversion of
any naval vessel to be constructed in shipyards in the United States
shall be expended in foreign facilities for the construction of major
components of such vessel: Provided further, That none of the funds
provided under this heading shall be used for the construction of any
naval vessel in foreign shipyards: Provided further, That funds
appropriated or otherwise made available by this Act for Columbia Class
Submarine (AP) may be available for the purposes authorized by
subsections (f), (g), (h) or (i) of section 2218a of title 10, United
States Code, only in accordance with the provisions of the applicable
subsection.
Other Procurement, Navy
For procurement, production, and modernization of support equipment
and materials not otherwise provided for, Navy ordnance (except
ordnance for new aircraft, new ships, and ships authorized for
conversion); the purchase of passenger motor vehicles for replacement
only; expansion of public and private plants, including the land
necessary therefor, and such lands and interests therein, may be
acquired, and construction prosecuted thereon prior to approval of
title; and procurement and installation of equipment, appliances, and
machine tools in public and private plants; reserve plant and
Government and contractor-owned equipment layaway, $14,693,978,000, to
remain available for obligation until September 30, 2028: Provided,
That such funds are also available for the maintenance, repair, and
modernization of ships under a pilot program established for such
purposes.
Procurement, Marine Corps
For expenses necessary for the procurement, manufacture, and
modification of missiles, armament, military equipment, spare parts,
and accessories therefor; plant equipment, appliances, and machine
tools, and installation thereof in public and private plants; reserve
plant and Government and contractor-owned equipment layaway; vehicles
for the Marine Corps, including the purchase of passenger motor
vehicles for replacement only; and expansion of public and private
plants, including land necessary therefor, and such lands and interests
therein, may be acquired, and construction prosecuted thereon prior to
approval of title, $3,682,643,000, to remain available for obligation
until September 30, 2028.
Aircraft Procurement, Air Force
For construction, procurement, and modification of aircraft and
equipment, including armor and armament, specialized ground handling
equipment, and training devices, spare parts, and accessories therefor;
specialized equipment; expansion of public and private plants,
Government-owned equipment and installation thereof in such plants,
erection of structures, and acquisition of land, for the foregoing
purposes, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; reserve
plant and Government and contractor-owned equipment layaway; and other
expenses necessary for the foregoing purposes including rents and
transportation of things, $19,964,954,000, to remain available for
obligation until September 30, 2028.
Missile Procurement, Air Force
For construction, procurement, and modification of missiles,
rockets, and related equipment, including spare parts and accessories
therefor; ground handling equipment, and training devices; expansion of
public and private plants, Government-owned equipment and installation
thereof in such plants, erection of structures, and acquisition of
land, for the foregoing purposes, and such lands and interests therein,
may be acquired, and construction prosecuted thereon prior to approval
of title; reserve plant and Government and contractor-owned equipment
layaway; and other expenses necessary for the foregoing purposes
including rents and transportation of things, $3,963,961,000, to remain
available for obligation until September 30, 2028.
Procurement of Ammunition, Air Force
For construction, procurement, production, and modification of
ammunition, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including
ammunition facilities, authorized by section 2854 of title 10, United
States Code, and the land necessary therefor, for the foregoing
purposes, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and machine
tools in public and private plants; reserve plant and Government and
contractor-owned equipment layaway; and other expenses necessary for
the foregoing purposes, $773,327,000, to remain available for
obligation until September 30, 2028.
Other Procurement, Air Force
For procurement and modification of equipment (including ground
guidance and electronic control equipment, and ground electronic and
communication equipment), and supplies, materials, and spare parts
therefor, not otherwise provided for; the purchase of passenger motor
vehicles for replacement only; lease of passenger motor vehicles; and
expansion of public and private plants, Government-owned equipment and
installation thereof in such plants, erection of structures, and
acquisition of land, for the foregoing purposes, and such lands and
interests therein, may be acquired, and construction prosecuted
thereon, prior to approval of title; reserve plant and Government and
contractor-owned equipment layaway, $32,605,147,000, to remain
available for obligation until September 30, 2028.
Procurement, Space Force
For construction, procurement, and modification of spacecraft,
rockets, and related equipment, including spare parts and accessories
therefor; ground handling equipment, and training devices; expansion of
public and private plants, Government-owned equipment and installation
thereof in such plants, erection of structures, and acquisition of
land, for the foregoing purposes, and such lands and interests therein,
may be acquired, and construction prosecuted thereon prior to approval
of title; reserve plant and Government and contractor-owned equipment
layaway; and other expenses necessary for the foregoing purposes
including rents and transportation of things, $4,036,035,000, to remain
available for obligation until September 30, 2028.
Procurement, Defense-Wide
For expenses of activities and agencies of the Department of
Defense (other than the military departments) necessary for
procurement, production, and modification of equipment, supplies,
materials, and spare parts therefor, not otherwise provided for; the
purchase of passenger motor vehicles for replacement only; expansion of
public and private plants, equipment, and installation thereof in such
plants, erection of structures, and acquisition of land for the
foregoing purposes, and such lands and interests therein, may be
acquired, and construction prosecuted thereon prior to approval of
title; reserve plant and Government and contractor-owned equipment
layaway, $7,142,723,000, to remain available for obligation until
September 30, 2028.
Defense Production Act Purchases
For activities by the Department of Defense pursuant to sections
108, 301, 302, and 303 of the Defense Production Act of 1950 (50 U.S.C.
4518, 4531, 4532, and 4533), $321,923,000, to remain available for
obligation until expended, which shall be obligated and expended by the
Secretary of Defense as if delegated the necessary authorities
conferred by the Defense Production Act of 1950.
National Guard and Reserve Equipment Account
For procurement of rotary-wing aircraft; combat, tactical and
support vehicles; other weapons; and other procurement items for the
reserve components of the Armed Forces, $800,000,000, to remain
available for obligation until September 30, 2028: Provided, That the
Chiefs of National Guard and Reserve components shall, not later than
30 days after enactment of this Act, individually submit to the
congressional defense committees the modernization priority assessment
for their respective National Guard or Reserve component: Provided
further, That none of the funds made available by this paragraph may be
used to procure manned fixed wing aircraft, or procure or modify
missiles, munitions, or ammunition.
TITLE IV
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Army
For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance,
rehabilitation, lease, and operation of facilities and equipment,
$16,705,760,000, to remain available for obligation until September 30,
2027.
Research, Development, Test and Evaluation, Navy
For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance,
rehabilitation, lease, and operation of facilities and equipment,
$28,099,776,000, to remain available for obligation until September 30,
2027: Provided, That funds appropriated in this paragraph which are
available for the V-22 may be used to meet unique operational
requirements of the Special Operations Forces.
Research, Development, Test and Evaluation, Air Force
For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance,
rehabilitation, lease, and operation of facilities and equipment,
$50,614,595,000, to remain available for obligation until September 30,
2027.
Research, Development, Test and Evaluation, Space Force
For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance,
rehabilitation, lease, and operation of facilities and equipment,
$14,917,160,000, to remain available until September 30, 2027.
Research, Development, Test and Evaluation, Defense-Wide
For expenses of activities and agencies of the Department of
Defense (other than the military departments), necessary for basic and
applied scientific research, development, test and evaluation; advanced
research projects as may be designated and determined by the Secretary
of Defense, pursuant to law; maintenance, rehabilitation, lease, and
operation of facilities and equipment, $35,248,875,000, to remain
available for obligation until September 30, 2027.
Operational Test and Evaluation, Defense
For expenses, not otherwise provided for, necessary for the
independent activities of the Director, Operational Test and
Evaluation, in the direction and supervision of operational test and
evaluation, including initial operational test and evaluation which is
conducted prior to, and in support of, production decisions; joint
operational testing and evaluation; and administrative expenses in
connection therewith, $336,143,000, to remain available for obligation
until September 30, 2027.
TITLE V
REVOLVING AND MANAGEMENT FUNDS
Defense Working Capital Funds
For the Defense Working Capital Funds, $2,126,540,000.
National Defense Stockpile Transaction Fund
For the National Defense Stockpile Transaction Fund, $5,700,000,
for activities pursuant to the Strategic and Critical Materials Stock
Piling Act (50 U.S.C. 98 et seq.).
TITLE VI
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
For expenses, not otherwise provided for, for medical and health
care programs of the Department of Defense as authorized by law,
$41,770,246,000; of which $38,942,713,000 shall be for operation and
maintenance, of which not to exceed one percent shall remain available
for obligation until September 30, 2027, and of which up to
$21,023,765,000 may be available for contracts entered into under the
TRICARE program; of which $354,821,000, to remain available for
obligation until September 30, 2028, shall be for procurement; and of
which $2,472,712,000, to remain available for obligation until
September 30, 2027, shall be for research, development, test and
evaluation: Provided, That of the funds provided under this heading
for research, development, test and evaluation, not less than
$1,270,000,000 shall be made available to the Defense Health Agency to
carry out the congressionally directed medical research programs:
Provided further, That, notwithstanding any other provision of law, of
the amount made available under this heading for research, development,
test and evaluation, not less than $15,000,000 shall be available for
HIV prevention educational activities undertaken in connection with
United States military training, exercises, and humanitarian assistance
activities conducted primarily in African nations: Provided further,
That the Secretary of Defense shall submit to the congressional defense
committees quarterly reports on the current status of the electronic
health record program: Provided further, That the Comptroller General
of the United States shall perform quarterly performance reviews of the
electronic health record program.
Chemical Agents and Munitions Destruction, Defense
For expenses, not otherwise provided for, necessary for the
destruction of the United States stockpile of lethal chemical agents
and munitions in accordance with the provisions of section 1412 of the
Department of Defense Authorization Act, 1986 (50 U.S.C. 1521),
$213,282,000, of which $3,243,000 shall be for operation and
maintenance, of which not less than $3,243,000 shall be for the
Chemical Stockpile Emergency Preparedness Program, consisting of
$2,340,000 for activities on military installations and $903,000, to
remain available until September 30, 2027, to assist State and local
governments; and $210,039,000, to remain available until September 30,
2027, shall be for research, development, test and evaluation, of which
$210,039,000 shall only be for the Assembled Chemical Weapons
Alternatives program.
Drug Interdiction and Counter-Drug Activities, Defense
(including transfer of funds)
For drug interdiction and counter-drug activities of the Department
of Defense, for transfer to appropriations available to the Department
of Defense for military personnel of the reserve components serving
under the provisions of title 10 and title 32, United States Code; for
operation and maintenance; for procurement; and for research,
development, test and evaluation, $1,148,675,000, of which $678,737,000
shall be for counter-narcotics support; $134,938,000 shall be for the
drug demand reduction program; $305,000,000 shall be for the National
Guard counter-drug program; and $30,000,000 shall be for the National
Guard counter-drug schools program: Provided, That the funds
appropriated under this heading shall be available for obligation for
the same time period and for the same purpose as the appropriation to
which transferred: Provided further, That upon a determination that
all or part of the funds transferred from this appropriation are not
necessary for the purposes provided herein, such amounts may be
transferred back to this appropriation: Provided further, That the
transfer authority provided under this heading is in addition to any
other transfer authority contained elsewhere in this Act.
Office of the Inspector General
For expenses and activities of the Office of the Inspector General
in carrying out the provisions of the Inspector General Act of 1978, as
amended, $517,599,000, of which $511,895,000 shall be for operation and
maintenance, of which not to exceed $700,000 is available for
emergencies and extraordinary expenses to be expended upon the approval
or authority of the Inspector General, and payments may be made upon
the Inspector General's certificate of necessity for confidential
military purposes; of which $1,079,000, to remain available for
obligation until September 30, 2028, shall be for procurement; and of
which $4,625,000, to remain available until September 30, 2027, shall
be for research, development, test and evaluation.
TITLE VII
RELATED AGENCIES
Central Intelligence Agency Retirement and Disability System Fund
For payment to the Central Intelligence Agency Retirement and
Disability System Fund, to maintain the proper funding level for
continuing the operation of the Central Intelligence Agency Retirement
and Disability System, $514,000,000.
Intelligence Community Management Account
For necessary expenses of the Intelligence Community Management
Account, $629,128,000.
TITLE VIII
GENERAL PROVISIONS
Sec. 8001. No part of any appropriation contained in this Act
shall be used for publicity or propaganda purposes not authorized by
the Congress.
Sec. 8002. During the current fiscal year, provisions of law
prohibiting the payment of compensation to, or employment of, any
person not a citizen of the United States shall not apply to personnel
of the Department of Defense: Provided, That salary increases granted
to direct and indirect hire foreign national employees of the
Department of Defense funded by this Act shall not be at a rate in
excess of the percentage increase authorized by law for civilian
employees of the Department of Defense whose pay is computed under the
provisions of section 5332 of title 5, United States Code, or at a rate
in excess of the percentage increase provided by the appropriate host
nation to its own employees, whichever is higher: Provided further,
That this section shall not apply to Department of Defense foreign
service national employees serving at United States diplomatic missions
whose pay is set by the Department of State under the Foreign Service
Act of 1980: Provided further, That the limitations of this provision
shall not apply to foreign national employees of the Department of
Defense in the Republic of Turkey.
Sec. 8003. No part of any appropriation contained in this Act
shall remain available for obligation beyond the current fiscal year,
unless expressly so provided herein.
Sec. 8004. No more than 20 percent of the appropriations in this
Act which are limited for obligation during the current fiscal year
shall be obligated during the last 2 months of the fiscal year:
Provided, That this section shall not apply to obligations for support
of active duty training of reserve components or summer camp training
of the Reserve Officers' Training Corps.
(transfer of funds)
Sec. 8005. Upon determination by the Secretary of Defense that
such action is necessary in the national interest, the Secretary may,
with the approval of the Director of the Office of Management and
Budget, transfer not to exceed $6,000,000,000 of working capital funds
of the Department of Defense or funds made available in this Act to the
Department of Defense for military functions (except military
construction) between such appropriations or funds or any subdivision
thereof, to be merged with and to be available for the same purposes,
and for the same time period, as the appropriation or fund to which
transferred: Provided, That such authority to transfer may not be used
unless for higher priority items, based on unforeseen military
requirements, than those for which originally appropriated and in no
case where the item for which funds are requested has been denied by
the Congress: Provided further, That the Secretary of Defense shall
notify the Congress promptly of all transfers made pursuant to this
authority or any other authority in this Act: Provided further, That
no part of the funds in this Act shall be available to prepare or
present a request to the Committees on Appropriations of the House of
Representatives and the Senate for reprogramming of funds, unless for
higher priority items, based on unforeseen military requirements, than
those for which originally appropriated and in no case where the item
for which reprogramming is requested has been denied by the Congress:
Provided further, That a request for multiple reprogrammings of funds
using authority provided in this section shall be made prior to June
30, 2026: Provided further, That transfers among military personnel
appropriations shall not be taken into account for purposes of the
limitation on the amount of funds that may be transferred under this
section.
Sec. 8006. (a) With regard to the list of specific programs,
projects, and activities (and the dollar amounts and adjustments to
budget activities corresponding to such programs, projects, and
activities) contained in the tables titled Explanation of Project Level
Adjustments in the explanatory statement regarding this Act and the
tables contained in the classified annex accompanying this Act, the
obligation and expenditure of amounts appropriated or otherwise made
available by this Act for those programs, projects, and activities are
hereby required by law to be carried out in the manner provided by such
tables to the same extent as if the tables were included in the text of
this Act.
b
Amounts specified in the referenced tables described in
subsection (a) shall not be treated as subdivisions of appropriations
for purposes of section 8005 of this Act: Provided, That section 8005
of this Act shall apply when transfers of the amounts described in
subsection (a) occur between appropriation accounts, subject to the
limitation in subsection (c): Provided further, That the transfer
amount limitation provided in section 8005 of this Act shall not apply
to transfers of amounts described in subsection (a) if such transfers
are necessary for the proper execution of such funds.
c
During the current fiscal year, amounts specified in the
referenced tables in titles III and IV of this Act described in
subsection (a) may not be transferred pursuant to section 8005 of this
Act other than for proper execution of such amounts, as provided in
subsection (b).
Sec. 8007. (a) Not later than 60 days after the date of the
enactment of this Act, the Department of Defense shall submit a report
to the congressional defense committees to establish the baseline for
application of reprogramming and transfer authorities for fiscal year
2026: Provided, That the report shall include--
(1) a table for each appropriation with a separate column
to display the President's budget request, adjustments made by
Congress, adjustments due to enacted rescissions, if
appropriate, and the fiscal year enacted level;
(2) a delineation in the table for each appropriation both
by budget activity and program, project, and activity as
detailed in the Budget Appendix; and
(3) an identification of items of special congressional
interest.
b
Notwithstanding section 8005 of this Act, none of the funds
provided in this Act shall be available for reprogramming or transfer
until the report identified in subsection (a) is submitted to the
congressional defense committees, unless the Secretary of Defense
certifies in writing to the congressional defense committees that such
reprogramming or transfer is necessary as an emergency requirement:
Provided, That this subsection shall not apply to transfers from the
following appropriations accounts:
(1) ``Environmental Restoration, Army'';
(2) ``Environmental Restoration, Navy'';
(3) ``Environmental Restoration, Air Force'';
(4) ``Environmental Restoration, Defense-Wide'';
(5) ``Environmental Restoration, Formerly Used Defense
Sites''; and
(6) ``Drug Interdiction and Counter-drug Activities,
Defense''.
(transfer of funds)
Sec. 8008. During the current fiscal year, cash balances in
working capital funds of the Department of Defense established pursuant
to section 2208 of title 10, United States Code, may be maintained in
only such amounts as are necessary at any time for cash disbursements
to be made from such funds: Provided, That transfers may be made
between such funds: Provided further, That transfers may be made
between working capital funds and the ``Foreign Currency Fluctuations,
Defense'' appropriation and the ``Operation and Maintenance''
appropriation accounts in such amounts as may be determined by the
Secretary of Defense, with the approval of the Director of the Office
of Management and Budget, except that such transfers may not be made
unless the Secretary of Defense has notified the Congress of the
proposed transfer: Provided further, That except in amounts equal to
the amounts appropriated to working capital funds in this Act, no
obligations may be made against a working capital fund to procure or
increase the value of war reserve material inventory, unless the
Secretary of Defense has notified the Congress prior to any such
obligation.
Sec. 8009. Funds appropriated by this Act may not be used to
initiate, or materially modify the scope of, a special access program
without prior notification 30 calendar days in advance to the
congressional defense committees.
Sec. 8010. (a) None of the funds made available to the Department
of Defense for this fiscal year or any prior fiscal year shall be
available to initiate: (1) a multiyear contract that employs economic
order quantity procurement in excess of $20,000,000 in any one year of
the contract or that includes an unfunded contingent liability in
excess of $20,000,000; or (2) a contract for advance procurement
leading to a multiyear contract that employs economic order quantity
procurement in excess of $20,000,000 in any one year, unless the
congressional defense committees have been notified at least 30 days in
advance of the proposed contract award: Provided, That no part of any
appropriation made available to the Department of Defense for this
fiscal year or any prior fiscal year shall be available to initiate a
multiyear contract for which the economic order quantity advance
procurement is not funded at least to the limits of the Government's
liability: Provided further, That no part of any appropriation made
available to the Department of Defense for this fiscal year or any
prior fiscal year shall be available to initiate multiyear procurement
contracts for any systems or component thereof if the value of the
multiyear contract would exceed $500,000,000 unless specifically
provided in this Act: Provided further, That no multiyear procurement
contract can be terminated without 30-day prior notification to the
congressional defense committees: Provided further, That the execution
of multiyear authority shall require the use of a present value
analysis to determine lowest cost compared to an annual procurement.
b
None of the funds made available to the Department of Defense
for this fiscal year or any prior fiscal year may be used for a
multiyear contract executed after the date of the enactment of this Act
unless in the case of any such contract--
(1) the Secretary of Defense has submitted to Congress a
budget request for full funding of units to be procured through
the contract and, in the case of a contract for procurement of
aircraft, that includes, for any aircraft unit to be procured
through the contract for which procurement funds are requested
in that budget request for production beyond advance
procurement activities in the fiscal year covered by the
budget, full funding of procurement of such unit in that fiscal
year;
(2) cancellation provisions in the contract do not include
consideration of recurring manufacturing costs of the
contractor associated with the production of unfunded units to
be delivered under the contract;
(3) the contract provides that payments to the contractor
under the contract shall not be made in advance of incurred
costs on funded units; and
(4) the contract does not provide for a price adjustment
based on a failure.
c
Concurrent with the annual budget submission of the President
for fiscal year 2027 pursuant to section 1105(a) of title 31, United
States Code, that is in compliance with subsection (b)(1), and
notwithstanding subsection (b)(4)(B) of section 804 of the National
Defense Authorization Act for Fiscal Year 2026 (Public Law 119-60),
funds appropriated to the Department of Defense in title III of this
Act or in any other provision of law may be used for multiyear
procurement contracts, for a period of not more than five years, as
follows: Standard Missile-6; Long Range Anti-Ship Missile; Joint Air-
to-Surface Standoff Missile Extended Range; Advanced Medium-Range Air-
to-Air Missile; and Standard Missile-3 Block 1B; and for a period of
not more than seven years, as follows: PATRIOT Advanced Capability-3
Missile Segment Enhancement; Terminal High Altitude Area Defense; and
Tomahawk Cruise Missile Systems: Provided, That until such submission
is provided to the congressional defense committees, to include P-1 and
R-1 budget justification documents, which shall identify the allocation
of funds by program, project, and activity, none of the funds made
available to the Department of Defense for this fiscal year or any
prior fiscal year may be obligated or expended to enter into any
multiyear procurement contracts: Provided further, That before
entering into a multiyear procurement contract for Tomahawk Cruise
Missile Systems, Joint Air-to-Surface Standoff Missile Extended Range,
or Standard Missile-6, the Secretary of Defense shall certify in
writing to the congressional defense committees that such action is in
the national security interests of the United States.
Sec. 8011. Within the funds appropriated for the operation and
maintenance of the Armed Forces, funds are hereby appropriated pursuant
to section 401 of title 10, United States Code, for humanitarian and
civic assistance costs under chapter 20 of title 10, United States
Code: Provided, That such funds may also be obligated for humanitarian
and civic assistance costs incidental to authorized operations and
pursuant to authority granted in section 401 of title 10, United States
Code, and these obligations shall be reported as required by section
401(d) of title 10, United States Code: Provided further, That funds
available for operation and maintenance shall be available for
providing humanitarian and similar assistance by using Civic Action
Teams in the Trust Territories of the Pacific Islands and freely
associated states of Micronesia, pursuant to the Compact of Free
Association as authorized by Public Law 99-239: Provided further, That
upon a determination by the Secretary of Defense that such action is
beneficial for graduate medical education programs conducted at Defense
Health Agency medical facilities located in Hawaii, the Secretary of
Defense may authorize the provision of medical services at such
facilities and transportation to such facilities, on a nonreimbursable
basis, for civilian patients from American Samoa, the Commonwealth of
the Northern Mariana Islands, the Marshall Islands, the Federated
States of Micronesia, Palau, and Guam.
Sec. 8012. None of the funds appropriated by this or any other
Act, including prior year Acts, may be used to obligate and expend
funds in the Defense Modernization Account made available in accordance
with subsection (c) of section 3136 of title 10, United States Code,
except for the purposes described in paragraphs (d)(1) through (d)(4):
Provided, That any program increases, as detailed in the tables titled
Explanation of Project Level Adjustments in the explanatory statement
regarding this Act, may not be transferred to the Defense Modernization
Account pursuant to subsection (c) of section 3136 of title 10, United
States Code.
Sec. 8013. None of the funds made available by this Act shall be
used in any way, directly or indirectly, to influence congressional
action on any legislation or appropriation matters pending before the
Congress.
Sec. 8014. None of the funds available in this Act to the
Department of Defense, other than appropriations made for necessary or
routine refurbishments, upgrades, or maintenance activities, shall be
used to reduce or to prepare to reduce the number of deployed and non-
deployed strategic delivery vehicles and launchers below the levels set
forth in the report submitted to Congress in accordance with section
1042 of the National Defense Authorization Act for Fiscal Year 2012.
(transfer of funds)
Sec. 8015. (a) Funds appropriated in title III of this Act for the
Department of Defense Pilot Mentor-Protege Program may be transferred
to any other appropriation contained in this Act solely for the purpose
of implementing a Mentor-Protege Program developmental assistance
agreement pursuant to section 4902 of title 10, United States Code,
under the authority of this provision or any other transfer authority
contained in this Act.
b
The Secretary of Defense shall include with the budget
justification documents in support of the budget for fiscal year 2027
(as submitted to Congress pursuant to section 1105 of title 31, United
States Code) a description of each transfer under this section that
occurred during the last fiscal year before the fiscal year in which
such budget is submitted.
Sec. 8016. None of the funds in this Act may be available for the
purchase by the Department of Defense (and its departments and
agencies) of welded shipboard anchor and mooring chain unless the
anchor and mooring chain are manufactured in the United States from
components which are substantially manufactured in the United States:
Provided, That for the purpose of this section, the term
``manufactured'' shall include cutting, heat treating, quality control,
testing of chain and welding (including the forging and shot blasting
process): Provided further, That for the purpose of this section
substantially all of the components of anchor and mooring chain shall
be considered to be produced or manufactured in the United States if
the aggregate cost of the components produced or manufactured in the
United States exceeds the aggregate cost of the components produced or
manufactured outside the United States: Provided further, That when
adequate domestic supplies are not available to meet Department of
Defense requirements on a timely basis, the Secretary of the Service
responsible for the procurement may waive this restriction on a case-
by-case basis by certifying in writing to the Committees on
Appropriations of the House of Representatives and the Senate that such
an acquisition must be made in order to acquire capability for national
security purposes.
Sec. 8017. None of the funds appropriated by this Act shall be
used for the support of any nonappropriated funds activity of the
Department of Defense that procures malt beverages and wine with
nonappropriated funds for resale (including such alcoholic beverages
sold by the drink) on a military installation located in the United
States unless such malt beverages and wine are procured within that
State, or in the case of the District of Columbia, within the District
of Columbia, in which the military installation is located: Provided,
That, in a case in which the military installation is located in more
than one State, purchases may be made in any State in which the
installation is located: Provided further, That such local procurement
requirements for malt beverages and wine shall apply to all alcoholic
beverages only for military installations in States which are not
contiguous with another State: Provided further, That alcoholic
beverages other than wine and malt beverages, in contiguous States and
the District of Columbia shall be procured from the most competitive
source, price and other factors considered.
Sec. 8018. None of the funds available to the Department of
Defense may be used to demilitarize or dispose of M-1 Carbines, M-1
Garand rifles, M-14 rifles, .22 caliber rifles, .30 caliber rifles, or
M-1911 pistols, or to demilitarize or destroy small arms ammunition or
ammunition components that are not otherwise prohibited from commercial
sale under Federal law, unless the small arms ammunition or ammunition
components are certified by the Secretary of the Army or designee as
unserviceable or unsafe for further use.
Sec. 8019. No more than $500,000 of the funds appropriated or made
available in this Act shall be used during a single fiscal year for any
single relocation of an organization, unit, activity or function of the
Department of Defense into or within the National Capital Region:
Provided, That the Secretary of Defense may waive this restriction on a
case-by-case basis by certifying in writing to the congressional
defense committees that such a relocation is required in the best
interest of the Government.
Sec. 8020. Of the funds made available in this Act under the
heading ``Procurement, Defense-Wide'', $24,613,000 shall be available
only for incentive payments authorized by section 504 of the Indian
Financing Act of 1974 (25 U.S.C. 1544): Provided, That a prime
contractor or a subcontractor at any tier that makes a subcontract
award to any subcontractor or supplier as defined in section 1544 of
title 25, United States Code, or a small business owned and controlled
by an individual or individuals defined under section 4221(9) of title
25, United States Code, shall be considered a contractor for the
purposes of being allowed additional compensation under section 504 of
the Indian Financing Act of 1974 (25 U.S.C. 1544) whenever the prime
contract or subcontract amount is over $500,000 and involves the
expenditure of funds appropriated by an Act making appropriations for
the Department of Defense with respect to any fiscal year: Provided
further, That notwithstanding section 1906 of title 41, United States
Code, this section shall be applicable to any Department of Defense
acquisition of supplies or services, including any contract and any
subcontract at any tier for acquisition of commercial items produced or
manufactured, in whole or in part, by any subcontractor or supplier
defined in section 1544 of title 25, United States Code, or a small
business owned and controlled by an individual or individuals defined
under section 4221(9) of title 25, United States Code.
Sec. 8021. (a) Notwithstanding any other provision of law, the
Secretary of the Air Force may convey at no cost to the Air Force,
without consideration, to Indian tribes located in the States of
Nevada, Idaho, North Dakota, South Dakota, Montana, Oregon, Minnesota,
and Washington relocatable military housing units located at Grand
Forks Air Force Base, Malmstrom Air Force Base, Mountain Home Air Force
Base, Ellsworth Air Force Base, and Minot Air Force Base that are
excess to the needs of the Air Force.
b
The Secretary of the Air Force shall convey, at no cost to the
Air Force, military housing units under subsection (a) in accordance
with the request for such units that are submitted to the Secretary by
the Operation Walking Shield Program on behalf of Indian tribes located
in the States of Nevada, Idaho, North Dakota, South Dakota, Montana,
Oregon, Minnesota, and Washington. Any such conveyance shall be subject
to the condition that the housing units shall be removed within a
reasonable period of time, as determined by the Secretary.
c
The Operation Walking Shield Program shall resolve any
conflicts among requests of Indian tribes for housing units under
subsection (a) before submitting requests to the Secretary of the Air
Force under subsection (b).
d
In this section, the term ``Indian tribe'' means any recognized
Indian tribe included on the current list published by the Secretary of
the Interior under section 104 of the Federally Recognized Indian Tribe
Act of 1994 (Public Law 103-454; 108 Stat. 4792; 25 U.S.C. 5131).
Sec. 8022. Of the funds appropriated to the Department of Defense
under the heading ``Operation and Maintenance, Defense-Wide'', not less
than $12,000,000 may be made available only for the mitigation of
environmental impacts, including training and technical assistance to
tribes, related administrative support, the gathering of information,
documenting of environmental damage, and developing a system for
prioritization of mitigation and cost to complete estimates for
mitigation, on Indian lands resulting from Department of Defense
activities.
Sec. 8023. Funds appropriated by this Act for the Defense Media
Activity shall not be used for any national or international political
or psychological activities.
Sec. 8024. Of the amounts appropriated for ``Working Capital Fund,
Army'', $100,000,000 shall be available to maintain competitive rates
at the arsenals.
Sec. 8025. (a) Of the funds made available in this Act, not less
than $79,000,000 shall be available for the Civil Air Patrol
Corporation, of which--
(1) $57,900,000 shall be available from ``Operation and
Maintenance, Air Force'' to support Civil Air Patrol
Corporation operation and maintenance, readiness, counter-drug
activities, and drug demand reduction activities involving
youth programs;
(2) $17,800,000 shall be available from ``Aircraft
Procurement, Air Force''; and
(3) $3,300,000 shall be available from ``Other Procurement,
Air Force'' for vehicle procurement.
b
The Secretary of the Air Force should waive reimbursement for
any funds used by the Civil Air Patrol for counter-drug activities in
support of Federal, State, and local government agencies.
Sec. 8026. (a) None of the funds appropriated in this Act are
available to establish a new Department of Defense (department)
federally funded research and development center (FFRDC), either as a
new entity, or as a separate entity administrated by an organization
managing another FFRDC, or as a nonprofit membership corporation
consisting of a consortium of other FFRDCs and other nonprofit
entities.
b
Except when acting in a technical advisory capacity, no member
of a Board of Directors, Trustees, Overseers, Advisory Group, Special
Issues Panel, Visiting Committee, or any similar entity of a defense
FFRDC, or any entity that contracts with the Federal government to
manage or operate one or more FFRDCs, or any paid consultant to a
defense FFRDC shall receive funds appropriated by this Act as
compensation for services as a member of such entity: Provided, That a
member of any such entity shall be allowed travel expenses and per diem
as authorized under the Federal Joint Travel Regulations, when engaged
in the performance of membership duties: Provided further, That except
when acting in a technical advisory capacity, no paid consultant shall
receive funds appropriated by this Act as compensation by more than one
FFRDC in a calendar year.
c
Notwithstanding any other provision of law, none of the funds
available to the department from any source during the current fiscal
year may be used by a defense FFRDC, through a fee or other payment
mechanism, for construction of new buildings not located on a military
installation, for payment of cost sharing for projects funded by
Government grants, for absorption of contract overruns, or for certain
charitable contributions, not to include employee participation in
community service and/or development.
d
Notwithstanding any other provision of law, of the funds
appropriated in this Act, not more than $2,886,300,000 may be funded
for professional technical staff-related costs of the defense FFRDCs:
Provided, That within such funds, not more than $461,300,000 shall be
available for the defense studies and analysis FFRDCs: Provided
further, That this subsection shall not apply to staff years funded in
the National Intelligence Program and the Military Intelligence
Program: Provided further, That the Secretary of Defense shall, with
the submission of the department's fiscal year 2027 budget request,
submit a report presenting the specific amounts of staff years of
technical effort to be allocated for each defense FFRDC by program
during that fiscal year and the associated budget estimates, by
appropriation account and program.
Sec. 8027. For the purposes of this Act, the term ``congressional
defense committees'' means the Armed Services Committee of the House of
Representatives, the Armed Services Committee of the Senate, the
Subcommittee on Defense of the Committee on Appropriations of the House
of Representatives, and the Subcommittee on Defense of the Committee on
Appropriations of the Senate.
Sec. 8028. For the purposes of this Act, the term ``congressional
intelligence committees'' means the Permanent Select Committee on
Intelligence of the House of Representatives, the Select Committee on
Intelligence of the Senate, the Subcommittee on Defense of the
Committee on Appropriations of the House of Representatives, and the
Subcommittee on Defense of the Committee on Appropriations of the
Senate.
Sec. 8029. During the current fiscal year, the Department of
Defense may acquire the modification, depot maintenance and repair of
aircraft, vehicles and vessels as well as the production of components
and other Defense-related articles, through competition between
Department of Defense depot maintenance activities and private firms:
Provided, That the Senior Acquisition Executive of the military
department or Defense Agency concerned, with power of delegation, shall
certify that successful bids include comparable estimates of all direct
and indirect costs for both public and private bids: Provided further,
That Office of Management and Budget Circular A-76 shall not apply to
competitions conducted under this section.
Sec. 8030. (a) None of the funds appropriated in this Act may be
expended by an entity of the Department of Defense unless the entity,
in expending the funds, complies with the Buy American Act. For
purposes of this subsection, the term ``Buy American Act'' means
chapter 83 of title 41, United States Code.
b
If the Secretary of Defense determines that a person has been
convicted of intentionally affixing a label bearing a ``Made in
America'' inscription to any product sold in or shipped to the United
States that is not made in America, the Secretary shall determine, in
accordance with section 4658 of title 10, United States Code, whether
the person should be debarred from contracting with the Department of
Defense.
c
In the case of any equipment or products purchased with
appropriations provided under this Act, it is the sense of the Congress
that any entity of the Department of Defense, in expending the
appropriation, purchase only American-made equipment and products,
provided that American-made equipment and products are cost-
competitive, quality competitive, and available in a timely fashion.
Sec. 8031. None of the funds appropriated or made available in
this Act shall be used to procure carbon, alloy, or armor steel plate
for use in any Government-owned facility or property under the control
of the Department of Defense which were not melted and rolled in the
United States or Canada: Provided, That these procurement restrictions
shall apply to any and all Federal Supply Class 9515, American Society
of Testing and Materials (ASTM) or American Iron and Steel Institute
(AISI) specifications of carbon, alloy or armor steel plate: Provided
further, That the Secretary of the military department responsible for
the procurement may waive this restriction on a case-by-case basis by
certifying in writing to the Committees on Appropriations of the House
of Representatives and the Senate that adequate domestic supplies are
not available to meet Department of Defense requirements on a timely
basis and that such an acquisition must be made in order to acquire
capability for national security purposes: Provided further, That
these restrictions shall not apply to contracts which are in being as
of the date of the enactment of this Act.
Sec. 8032. (a)(1) If the Secretary of Defense, after consultation
with the United States Trade Representative, determines that a foreign
country which is party to an agreement described in paragraph (2) has
violated the terms of the agreement by discriminating against certain
types of products produced in the United States that are covered by the
agreement, the Secretary of Defense shall rescind the Secretary's
blanket waiver of the Buy American Act with respect to such types of
products produced in that foreign country.
(2) An agreement referred to in paragraph (1) is any reciprocal
defense procurement memorandum of understanding, between the United
States and a foreign country pursuant to which the Secretary of Defense
has prospectively waived the Buy American Act for certain products in
that country.
b
The Secretary of Defense shall submit to the Congress a report
on the amount of Department of Defense purchases from foreign entities
in fiscal year 2026. Such report shall separately indicate the dollar
value of items for which the Buy American Act was waived pursuant to
any agreement described in subsection (a)(2), the Trade Agreements Act
of 1979 (19 U.S.C. 2501 et seq.), or any international agreement to
which the United States is a party.
c
For purposes of this section, the term ``Buy American Act''
means chapter 83 of title 41, United States Code.
Sec. 8033. None of the funds appropriated by this Act may be used
for the procurement of ball and roller bearings other than those
produced by a domestic source and of domestic origin: Provided, That
the Secretary of the military department responsible for such
procurement may waive this restriction on a case-by-case basis by
certifying in writing to the Committees on Appropriations of the House
of Representatives and the Senate, that adequate domestic supplies are
not available to meet Department of Defense requirements on a timely
basis and that such an acquisition must be made in order to acquire
capability for national security purposes: Provided further, That this
restriction shall not apply to the purchase of ``commercial products'',
as defined by section 103 of title 41, United States Code, except that
the restriction shall apply to ball or roller bearings purchased as end
items.
Sec. 8034. Of the amounts appropriated in this Act under the
heading ``Operation and Maintenance, Defense-Wide'', for the Defense
Security Cooperation Agency, $50,000,000, to remain available until
September 30, 2027, shall be available to the Secretary of Defense, in
coordination with the Secretary of State, to provide assistance to the
Lebanese Armed Forces, including training, equipment, logistics
support, supplies and services, stipends, infrastructure repair and
renovation, and sustainment: Provided, That the Secretary of Defense
shall ensure that the Lebanese Armed Forces are vetted prior to
providing assistance, including at a minimum, assessing for
associations with terrorist groups and receiving a commitment to
promote respect for human rights and the rule of law: Provided
further, That the Secretary of Defense shall, not fewer than 15 days
prior to obligating the funds provided in this section, notify the
congressional defense committees in writing of the details of any such
obligation: Provided further, That the Secretary of Defense may waive
a provision of law relating to the acquisition of items and support
services or sections 40 and 40A of the Arms Export Control Act (22
U.S.C. 2780 and 2785) if the Secretary determines that such provision
of law would prohibit, restrict, delay or otherwise limit the provision
of such assistance and a notice of and justification for such waiver is
submitted to the congressional defense committees, the Committees on
Appropriations and Foreign Relations of the Senate and the Committees
on Appropriations and Foreign Affairs of the House of Representatives:
Provided further, That the Secretary of Defense shall provide quarterly
reports to the congressional defense committees on the use of funds
provided in this section, including, but not limited to, the number of
individuals trained within the Lebanese Armed Forces, the nature and
scope of support and sustainment provided to the Lebanese Armed Forces,
the area of operations for the Lebanese Armed Forces, and the
contributions of other countries, groups, or individuals.
Sec. 8035. None of the funds in this Act may be used to purchase
any supercomputer which is not manufactured in the United States,
unless the Secretary of Defense certifies to the congressional defense
committees that such an acquisition must be made in order to acquire
capability for national security purposes that is not available from
United States manufacturers.
Sec. 8036. (a) The Secretary of Defense may, on a case-by-case
basis, waive with respect to a foreign country each limitation on the
procurement of defense items from foreign sources provided in law if
the Secretary determines that the application of the limitation with
respect to that country would invalidate cooperative programs entered
into between the Department of Defense and the foreign country, or
would invalidate reciprocal trade agreements for the procurement of
defense items entered into under section 4851 of title 10, United
States Code, and the country does not discriminate against the same or
similar defense items produced in the United States for that country.
b
Subsection (a) applies with respect to--
(1) contracts and subcontracts entered into on or after the
date of the enactment of this Act; and
(2) options for the procurement of items that are exercised
after such date under contracts that are entered into before
such date if the option prices are adjusted for any reason
other than the application of a waiver granted under subsection
a
.
c
Subsection (a) does not apply to a limitation regarding
construction of public vessels, ball and roller bearings, food, and
clothing or textile materials as defined by section XI (chapters 50-65)
of the Harmonized Tariff Schedule of the United States and products
classified under headings 4010, 4202, 4203, 6401 through 6406, 6505,
7019, 7218 through 7229, 7304.41 through 7304.49, 7306.40, 7502 through
7508, 8105, 8108, 8109, 8211, 8215, and 9404.
Sec. 8037. None of the funds made available in this Act, or any
subsequent Act making appropriations for the Department of Defense, may
be used for the purchase or manufacture of a flag of the United States
unless such flags are treated as covered items under section 4862(b) of
title 10, United States Code.
Sec. 8038. During the current fiscal year, amounts contained in
the Department of Defense Overseas Military Facility Investment
Recovery Account shall be available until expended for the payments
specified by section 2687a(b)(2) of title 10, United States Code.
Sec. 8039. During the current fiscal year, appropriations which
are available to the Department of Defense for operation and
maintenance may be used to purchase items having an investment item
unit cost of not more than $350,000: Provided, That upon determination
by the Secretary of Defense that such action is necessary to meet the
operational requirements of a Commander of a Combatant Command engaged
in a named contingency operation overseas, such funds may be used to
purchase items having an investment item unit cost of not more than
$500,000.
Sec. 8040. Up to $16,809,000 of the funds appropriated under the
heading ``Operation and Maintenance, Navy'' may be made available for
the Asia Pacific Regional Initiative Program for the purpose of
enabling the United States Indo-Pacific Command to execute Theater
Security Cooperation activities such as humanitarian assistance, and
payment of incremental and personnel costs of training and exercising
with foreign security forces: Provided, That funds made available for
this purpose may be used, notwithstanding any other funding authorities
for humanitarian assistance, security assistance or combined exercise
expenses: Provided further, That funds may not be obligated to provide
assistance to any foreign country that is otherwise prohibited from
receiving such type of assistance under any other provision of law.
Sec. 8041. The Secretary of Defense shall issue regulations to
prohibit the sale of any tobacco or tobacco-related products in
military resale outlets in the United States, its territories and
possessions at a price below the most competitive price in the local
community: Provided, That such regulations shall direct that the
prices of tobacco or tobacco-related products in overseas military
retail outlets shall be within the range of prices established for
military retail system stores located in the United States.
Sec. 8042. (a) During the current fiscal year, none of the
appropriations or funds available to the Department of Defense Working
Capital Funds shall be used for the purchase of an investment item for
the purpose of acquiring a new inventory item for sale or anticipated
sale during the current fiscal year or a subsequent fiscal year to
customers of the Department of Defense Working Capital Funds if such an
item would not have been chargeable to the Department of Defense
Business Operations Fund during fiscal year 1994 and if the purchase of
such an investment item would be chargeable during the current fiscal
year to appropriations made to the Department of Defense for
procurement.
b
The fiscal year 2027 budget request for the Department of
Defense as well as all justification material and other documentation
supporting the fiscal year 2027 Department of Defense budget shall be
prepared and submitted to the Congress on the basis that any equipment
which was classified as an end item and funded in a procurement
appropriation contained in this Act shall be budgeted for in a proposed
fiscal year 2027 procurement appropriation and not in the supply
management business area or any other area or category of the
Department of Defense Working Capital Funds.
Sec. 8043. None of the funds appropriated by this Act for programs
of the Central Intelligence Agency shall remain available for
obligation beyond the current fiscal year, except for funds
appropriated for the Reserve for Contingencies, which shall remain
available until September 30, 2027: Provided, That funds appropriated,
transferred, or otherwise credited to the Central Intelligence Agency
Central Services Working Capital Fund during this or any prior fiscal
year shall remain available until expended: Provided further, That any
funds appropriated or transferred to the Central Intelligence Agency
for advanced research and development acquisition, for agent
operations, and for covert action programs authorized by the President
under section 503 of the National Security Act of 1947 (50 U.S.C. 3093)
shall remain available until September 30, 2027: Provided further,
That any funds appropriated or transferred to the Central Intelligence
Agency for the construction, improvement, or alteration of facilities,
including leased facilities, to be used primarily by personnel of the
intelligence community, shall remain available until September 30,
2028.
Sec. 8044. (a) Except as provided in subsections (b) and (c), none
of the funds made available by this Act may be used--
(1) to establish a field operating agency; or
(2) to pay the basic pay of a member of the Armed Forces or
civilian employee of the Department of Defense who is
transferred or reassigned from a headquarters activity if the
member or employee's place of duty remains at the location of
that headquarters.
b
The Secretary of Defense or Secretary of a military department
may waive the limitations in subsection (a), on a case-by-case basis,
if the Secretary determines, and certifies to the Committees on
Appropriations of the House of Representatives and the Senate that the
granting of the waiver will reduce the personnel requirements or the
financial requirements of the department.
c
This section does not apply to--
(1) field operating agencies funded within the National
Intelligence Program;
(2) an Army field operating agency established to
eliminate, mitigate, or counter the effects of improvised
explosive devices, and, as determined by the Secretary of the
Army, other similar threats;
(3) an Army field operating agency established to improve
the effectiveness and efficiencies of biometric activities and
to integrate common biometric technologies throughout the
Department of Defense; or
(4) an Air Force field operating agency established to
administer the Air Force Mortuary Affairs Program and Mortuary
Operations for the Department of Defense and authorized Federal
entities.
Sec. 8045. (a) None of the funds appropriated by this Act shall be
available to convert to contractor performance an activity or function
of the Department of Defense that, on or after the date of the
enactment of this Act, is performed by Department of Defense civilian
employees unless--
(1) the conversion is based on the result of a public-
private competition that includes a most efficient and cost
effective organization plan developed by such activity or
function;
(2) the Competitive Sourcing Official determines that, over
all performance periods stated in the solicitation of offers
for performance of the activity or function, the cost of
performance of the activity or function by a contractor would
be less costly to the Department of Defense by an amount that
equals or exceeds the lesser of--
(A) 10 percent of the most efficient organization's
personnel-related costs for performance of that
activity or function by Federal employees; or
(B) $10,000,000; and
(3) the contractor does not receive an advantage for a
proposal that would reduce costs for the Department of Defense
by--
(A) not making an employer-sponsored health
insurance plan available to the workers who are to be
employed in the performance of that activity or
function under the contract; or
(B) offering to such workers an employer-sponsored
health benefits plan that requires the employer to
contribute less towards the premium or subscription
share than the amount that is paid by the Department of
Defense for health benefits for civilian employees
under chapter 89 of title 5, United States Code.
b
(1) The Department of Defense, without regard to subsection (a)
of this section or subsection (a), (b), or (c) of section 2461 of title
10, United States Code, and notwithstanding any administrative
regulation, requirement, or policy to the contrary shall have full
authority to enter into a contract for the performance of any
commercial or industrial type function of the Department of Defense
that--
(A) is included on the procurement list established
pursuant to section 2 of the Javits-Wagner-O'Day Act (section
8503 of title 41, United States Code);
(B) is planned to be converted to performance by a
qualified nonprofit agency for the blind or by a qualified
nonprofit agency for other severely handicapped individuals in
accordance with that Act; or
(C) is planned to be converted to performance by a
qualified firm under at least 51 percent ownership by an Indian
tribe, as defined in section 4(e) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b(e)),
or a Native Hawaiian Organization, as defined in section
8(a)(15) of the Small Business Act (15 U.S.C. 637(a)(15)).
(2) This section shall not apply to depot contracts or contracts
for depot maintenance as provided in sections 2469 and 2474 of title
10, United States Code.
c
The conversion of any activity or function of the Department of
Defense under the authority provided by this section shall be credited
toward any competitive or outsourcing goal, target, or measurement that
may be established by statute, regulation, or policy and is deemed to
be awarded under the authority of, and in compliance with, subsection
h
of section 2304 of title 10, United States Code, for the
competition or outsourcing of commercial activities.
(rescissions)
Sec. 8046. Of the funds appropriated in Department of Defense
Appropriations Acts, the following funds are hereby rescinded from the
following accounts and programs in the specified amounts: Provided,
That no amounts may be rescinded from amounts that were designated by
the Congress as an emergency requirement pursuant to a concurrent
resolution on the budget or the Balanced Budget and Emergency Deficit
Control Act of 1985:
``Shipbuilding and Conversion, Navy: FFG-Frigate'', 2020/
2031, $240,245,000;
``Shipbuilding and Conversion, Navy: FFG-Frigate'', 2022/
2026, $418,624,000;
``Shipbuilding and Conversion, Navy: FFG-Frigate'', 2023/
2027, $483,391,000;
``Cooperative Threat Reduction Account'', 2024/2026,
$33,936,000;
``Other Procurement, Army'', 2024/2026, $15,000,000;
``Weapons Procurement, Navy'', 2024/2026, $2,943,000;
``Shipbuilding and Conversion, Navy: FFG-Frigate'', 2024/
2028, $1,271,572,000;
``Aircraft Procurement, Air Force'', 2024/2026,
$25,397,000;
``Missile Procurement, Air Force'', 2024/2026, $41,189,000;
``Procurement, Space Force'', 2024/2026, $107,100,000;
``Defense Health Program'', 2024/2026, $10,473,000;
``Counter-Islamic State of Iraq and Syria Train and Equip
Fund'', 2025/2026, $50,000,000;
``Procurement of Weapons and Tracked Combat Vehicles,
Army'', 2025/2027, $452,647,000;
``Other Procurement, Army'', 2025/2027, $119,887,000;
``Aircraft Procurement, Navy'', 2025/2027, $155,711,000;
``Weapons Procurement, Navy'', 2025/2027, $200,272,000;
``Shipbuilding and Conversion, Navy: FFG-Frigate'', 2025/
2029, $151,230,000;
``Aircraft Procurement, Air Force'', 2025/2027,
$193,555,000;
``Missile Procurement, Air Force'', 2025/2027,
$209,045,000;
``Other Procurement, Air Force'', 2025/2027, $186,638,000;
``Procurement, Space Force'', 2025/2027, $339,196,000;
``Procurement, Defense-Wide'', 2025/2027, $11,807,000;
``Research, Development, Test and Evaluation, Army'', 2025/
2026, $178,735,000;
``Research, Development, Test and Evaluation, Navy'', 2025/
2026, $82,461,000;
``Research, Development, Test and Evaluation, Air Force'',
2025/2026, $329,435,000;
``Research, Development, Test and Evaluation, Space
Force'', 2025/2026, $370,149,000; and
``Defense Modernization Account , Defense-Wide'', 2025/
2028, $28,249,000.
Sec. 8047. None of the funds available in this Act may be used to
reduce the authorized positions for military technicians (dual status)
of the Army National Guard, Air National Guard, Army Reserve and Air
Force Reserve for the purpose of applying any administratively imposed
civilian personnel ceiling, freeze, or reduction on military
technicians (dual status), unless such reductions are a direct result
of a reduction in military force structure.
Sec. 8048. None of the funds appropriated or otherwise made
available in this Act may be obligated or expended for assistance to
the Democratic People's Republic of Korea unless specifically
appropriated for that purpose: Provided, That this restriction shall
not apply to any activities incidental to the Defense POW/MIA
Accounting Agency mission to recover and identify the remains of United
States Armed Forces personnel from the Democratic People's Republic of
Korea.
Sec. 8049. (a) None of the funds available to the Department of
Defense for any fiscal year for drug interdiction or counter-drug
activities may be transferred to any other department or agency of the
United States except as specifically provided in an appropriations law.
b
None of the funds available to the Central Intelligence Agency
for any fiscal year for drug interdiction or counter-drug activities
may be transferred to any other department or agency of the United
States except as specifically provided in an appropriations law.
Sec. 8050. In addition to the amounts appropriated or otherwise
made available elsewhere in this Act, $49,000,000 is hereby
appropriated to the Department of Defense: Provided, That upon the
determination of the Secretary of Defense that it shall serve the
national interest, the Secretary shall make grants in the amounts
specified as follows: $24,000,000 to the United Service Organizations
and $25,000,000 to the Red Cross.
Sec. 8051. Notwithstanding any other provision in this Act, the
Small Business Innovation Research program and the Small Business
Technology Transfer program set-asides shall be taken proportionally
from all programs, projects, or activities to the extent they
contribute to the extramural budget. The Secretary of each military
department, the Director of each Defense Agency, and the head of each
other relevant component of the Department of Defense shall submit to
the congressional defense committees, concurrent with submission of the
budget justification documents to Congress pursuant to section 1105 of
title 31, United States Code, a report with a detailed accounting of
the Small Business Innovation Research program and the Small Business
Technology Transfer program set-asides taken from programs, projects,
or activities within such department, agency, or component during the
most recently completed fiscal year.
Sec. 8052. None of the funds available to the Department of
Defense under this Act shall be obligated or expended to pay a
contractor under a contract with the Department of Defense for costs of
any amount paid by the contractor to an employee when--
(1) such costs are for a bonus or otherwise in excess of
the normal salary paid by the contractor to the employee; and
(2) such bonus is part of restructuring costs associated
with a business combination.
(including transfer of funds)
Sec. 8053. During the current fiscal year, no more than
$30,000,000 of appropriations made in this Act under the heading
``Operation and Maintenance, Defense-Wide'' may be transferred to
appropriations available for the pay of military personnel, to be
merged with, and to be available for the same time period as the
appropriations to which transferred, to be used in support of such
personnel in connection with support and services for eligible
organizations and activities outside the Department of Defense pursuant
to section 2012 of title 10, United States Code.
Sec. 8054. (a) Notwithstanding any other provision of law, the
Chief of the National Guard Bureau may permit the use of equipment of
the National Guard Distance Learning Project by any person or entity on
a space-available, reimbursable basis. The Chief of the National Guard
Bureau shall establish the amount of reimbursement for such use on a
case-by-case basis.
b
Amounts collected under subsection (a) shall be credited to
funds available for the National Guard Distance Learning Project and be
available to defray the costs associated with the use of equipment of
the project under that subsection. Such funds shall be available for
such purposes without fiscal year limitation.
Sec. 8055. (a) None of the funds appropriated or otherwise made
available by this or prior Acts may be obligated or expended to retire,
prepare to retire, or place in storage or on backup aircraft inventory
status any C-40 aircraft.
b
The limitation under subsection (a) shall not apply to an
individual C-40 aircraft that the Secretary of the Air Force
determines, on a case-by-case basis, to be no longer mission capable
due to a Class A mishap.
c
If the Secretary determines under subsection (b) that an
aircraft is no longer mission capable, the Secretary shall submit to
the congressional defense committees a certification in writing that
the status of such aircraft is due to a Class A mishap and not due to
lack of maintenance, repairs, or other reasons.
d
Not later than 90 days after the date of the enactment of this
Act, the Secretary of Defense shall submit to the congressional defense
committees a report on the necessary steps taken by the Department of
Defense to meet the travel requirements for official or
representational duties of members of Congress and the Cabinet in
fiscal years 2026 and 2027.
Sec. 8056. (a) None of the funds appropriated in title IV of this
Act may be used to procure end-items for delivery to military forces
for operational training, operational use, or inventory requirements:
Provided, That this restriction does not apply to end-items used in
development, prototyping in accordance with an approved test strategy,
and test activities preceding and leading to acceptance for operational
use.
b
If the number of end-items budgeted with funds appropriated in
title IV of this Act exceeds the number required in an approved test
strategy, the Under Secretary of Defense (Research and Engineering) and
the Under Secretary of Defense (Acquisition and Sustainment), in
coordination with the responsible Service Acquisition Executive, shall
certify in writing to the congressional defense committees that there
is a bonafide need for the additional end-items at the time of
submittal to Congress of the budget of the President for fiscal year
2027 pursuant to section 1105 of title 31, United States Code:
Provided, That this restriction does not apply to programs funded
within the National Intelligence Program.
c
The Secretary of Defense shall, at the time of the submittal to
Congress of the budget of the President for fiscal year 2027 pursuant
to section 1105 of title 31, United States Code, submit to the
congressional defense committees a report detailing the use of funds
requested in research, development, test and evaluation accounts for
end-items used in development, prototyping and test activities
preceding and leading to acceptance for operational use: Provided,
That the report shall set forth, for each end item covered by the
preceding proviso, a detailed list of the statutory authorities under
which amounts in the accounts described in that proviso were used for
such item: Provided further, That the Secretary of Defense shall, at
the time of the submittal to Congress of the budget of the President
for fiscal year 2027 pursuant to section 1105 of title 31, United
States Code, submit to the congressional defense committees a
certification that funds requested for fiscal year 2027 in research,
development, test and evaluation accounts are in compliance with this
section: Provided further, That the Secretary of Defense may waive
this restriction on a case-by-case basis by certifying in writing to
the Subcommittees on Defense of the Committees on Appropriations of the
House of Representatives and the Senate that it is in the national
security interest to do so.
Sec. 8057. None of the funds appropriated or otherwise made
available by this or other Department of Defense Appropriations Acts
may be obligated or expended for the purpose of performing repairs or
maintenance to military family housing units of the Department of
Defense, including areas in such military family housing units that may
be used for the purpose of conducting official Department of Defense
business.
Sec. 8058. Notwithstanding any other provision of law, funds
appropriated in this Act under the heading ``Research, Development,
Test and Evaluation, Defense-Wide'' for any new start Defense
Innovation Acceleration (PE 0603838D8Z) or Rapid Prototyping Program
(PE 0604331D8Z) demonstration project with a value of more than
$5,000,000 may only be obligated 15 days after a report, including a
description of the project, the planned acquisition and transition
strategy and its estimated annual and total cost, has been provided in
writing to the congressional defense committees: Provided, That the
Secretary of Defense may waive this restriction on a case-by-case basis
by certifying to the congressional defense committees that it is in the
national interest to do so.
Sec. 8059. The Secretary of Defense shall continue to provide a
classified quarterly report to the Committees on Appropriations of the
House of Representatives and the Senate, Subcommittees on Defense on
certain matters as directed in the classified annex accompanying this
Act.
Sec. 8060. Notwithstanding section 12310(b) of title 10, United
States Code, a servicemember who is a member of the National Guard
serving on full-time National Guard duty under section 502(f) of title
32, United States Code, may perform duties in support of the ground-
based elements of the National Ballistic Missile Defense System.
Sec. 8061. None of the funds provided in this Act may be used to
transfer to any nongovernmental entity ammunition held by the
Department of Defense that has a center-fire cartridge and a United
States military nomenclature designation of ``armor penetrator'',
``armor piercing (AP)'', ``armor piercing incendiary (API)'', ``armor-
piercing incendiary tracer (API-T)'', ``general purpose (GP)'',
``special purpose (SP)'' except 9mm, or ``enhanced performance round
(EPR)'', except to an entity performing demilitarization services for
the Department of Defense under a contract that requires the entity to
demonstrate to the satisfaction of the Department of Defense that the
above listed projectiles are either: (1) rendered incapable of reuse by
the demilitarization process; or (2) used to manufacture ammunition
pursuant to a contract with the Department of Defense or the
manufacture of ammunition for export pursuant to a License for
Permanent Export of Unclassified Military Articles issued by the
Department of State.
Sec. 8062. Notwithstanding any other provision of law, the Chief
of the National Guard Bureau, or their designee, may waive payment of
all or part of the consideration that otherwise would be required under
section 2667 of title 10, United States Code, in the case of a lease of
personal property for a period not in excess of 1 year to any
organization specified in section 508(d) of title 32, United States
Code, or any other youth, social, or fraternal nonprofit organization
as may be approved by the Chief of the National Guard Bureau, or their
designee, on a case-by-case basis.
(including transfer of funds)
Sec. 8063. Of the amounts appropriated in this Act under the
heading ``Operation and Maintenance, Army'', $218,015,597 shall remain
available until expended: Provided, That, notwithstanding any other
provision of law, the Secretary of Defense is authorized to transfer
such funds to other activities of the Federal Government: Provided
further, That the Secretary of Defense is authorized to enter into and
carry out contracts for the acquisition of real property, construction,
personal services, and operations related to projects carrying out the
purposes of this section: Provided further, That contracts entered
into under the authority of this section may provide for such
indemnification as the Secretary determines to be necessary: Provided
further, That projects authorized by this section shall comply with
applicable Federal, State, and local law to the maximum extent
consistent with the national security, as determined by the Secretary
of Defense.
Sec. 8064. (a) None of the funds appropriated in this or any other
Act, including prior year Acts, may be used to implement a change to--
(1) the appropriations account structure for the National
Intelligence Program budget, including through the creation of
a new appropriation or new appropriation account;
(2) how the National Intelligence Program budget request is
presented in the unclassified P-1, R-1, and O-1 documents
supporting the Department of Defense budget request;
(3) the process by which the National Intelligence Program
appropriations are apportioned to the executing agencies; or
(4) the process by which the National Intelligence Program
appropriations are allotted, obligated and disbursed.
b
Nothing in subsection (a) shall be construed to prohibit the
merger of programs or changes to the National Intelligence Program
budget at or below the Expenditure Center level, provided such change
is otherwise in accordance with subsection (a).
c
The Director of National Intelligence and the Secretary of
Defense may jointly study and develop detailed proposals for
alternative budget presentation and appropriation accounts. Such study
shall include a comprehensive counterintelligence risk assessment to
ensure that none of the alternative processes will adversely affect
counterintelligence.
d
Upon development of the detailed proposals defined under
subsection (c), the Director of National Intelligence and the Secretary
of Defense shall--
(1) provide the proposed alternatives to all affected
agencies;
(2) receive certification from all affected agencies
attesting that the proposed alternatives will not adversely
affect counterintelligence; and
(3) not later than 30 days after receiving all necessary
certifications under paragraph (2), present the proposed
alternatives and certifications to the congressional defense
and intelligence committees.
(including transfer of funds)
Sec. 8065. In addition to amounts made available elsewhere in this
Act, $25,000,000 is hereby appropriated to the Department of Defense
and made available for transfer to operation and maintenance accounts,
procurement accounts, and research, development, test and evaluation
accounts only for those efforts by the Commander, United States Africa
Command to expand cooperation, share operational information, advance
interoperability, or improve the capabilities of our allies and
partners in their area of operation: Provided, That none of the funds
provided under this section may be obligated or expended until 30 days
after the Secretary of Defense provides to the congressional defense
committees an execution plan: Provided further, That not less than 15
days prior to any transfer of funds, the Secretary of Defense shall
notify the congressional defense committees of the details of any such
transfer: Provided further, That upon transfer, the funds shall be
merged with and available for the same purposes, and for the same time
period, as the appropriation to which transferred: Provided further,
That the transfer authority provided under this section is in addition
to any other transfer authority provided elsewhere in this Act.
(including transfer of funds)
Sec. 8066. During the current fiscal year, not to exceed
$11,000,000 from each of the appropriations made in title II of this
Act for ``Operation and Maintenance, Army'', ``Operation and
Maintenance, Navy'', and ``Operation and Maintenance, Air Force'' may
be transferred by the military department concerned to its central fund
established for Fisher Houses and Suites pursuant to section 2493(d) of
title 10, United States Code.
(including transfer of funds)
Sec. 8067. In addition to amounts provided elsewhere in this Act,
$5,000,000 is hereby appropriated to the Department of Defense, to
remain available for obligation until expended: Provided, That
notwithstanding any other provision of law, that upon the determination
of the Secretary of Defense that it shall serve the national interest,
these funds shall be available only for a grant to the Fisher House
Foundation, Inc., only for the construction and furnishing of
additional Fisher Houses to meet the needs of military family members
when confronted with the illness or hospitalization of an eligible
military beneficiary.
(including transfer of funds)
Sec. 8068. Of the amounts appropriated for ``Operation and
Maintenance, Navy'', up to $1,000,000 shall be available for transfer
to the John C. Stennis Center for Public Service Development Trust Fund
established under section 116 of the John C. Stennis Center for Public
Service Training and Development Act (2 U.S.C. 1105).
Sec. 8069. None of the funds available to the Department of
Defense may be obligated to modify command and control relationships to
give Fleet Forces Command operational and administrative control of
United States Navy forces assigned to the Pacific fleet: Provided,
That the command and control relationships which existed on October 1,
2004, shall remain in force until a written modification has been
proposed to the Committees on Appropriations of the House of
Representatives and the Senate: Provided further, That the proposed
modification may be implemented 30 days after the notification unless
an objection is received from either the House or Senate Appropriations
Committees: Provided further, That any proposed modification shall not
preclude the ability of the commander of United States Indo-Pacific
Command to meet operational requirements.
Sec. 8070. Any notice that is required to be submitted to the
Committees on Appropriations of the House of Representatives and the
Senate under section 3601 of title 10, United States Code, as added by
section 804(a) of the James M. Inhofe National Defense Authorization
Act for Fiscal Year 2023 shall be submitted pursuant to that
requirement concurrently to the Subcommittees on Defense of the
Committees on Appropriations of the House of Representatives and the
Senate.
Sec. 8071. Of the amounts appropriated in this Act under the
headings ``Procurement, Defense-Wide'' and ``Research, Development,
Test and Evaluation, Defense-Wide'', $500,000,000 shall be for the
Israeli Cooperative Programs: Provided, That of this amount,
$60,000,000 shall be for the Secretary of Defense to provide to the
Government of Israel for the procurement of the Iron Dome defense
system to counter short-range rocket threats, subject to the U.S.-
Israel Iron Dome Procurement Agreement, as amended; $127,000,000 shall
be for the Short Range Ballistic Missile Defense (SRBMD) program,
including cruise missile defense research and development under the
SRBMD program; $40,000,000 shall be for co-production activities of
SRBMD systems in the United States and in Israel to meet Israel's
defense requirements consistent with each nation's laws, regulations,
and procedures, subject to the U.S.-Israeli co-production agreement for
SRBMD, as amended; $100,000,000 shall be for an upper-tier component to
the Israeli Missile Defense Architecture, of which $100,000,000 shall
be for co-production activities of Arrow 3 Upper Tier systems in the
United States and in Israel to meet Israel's defense requirements
consistent with each nation's laws, regulations, and procedures,
subject to the U.S.-Israeli co-production agreement for Arrow 3 Upper
Tier, as amended; and $173,000,000 shall be for the Arrow System
Improvement Program including development of a long range, ground and
airborne, detection suite.
Sec. 8072. Of the amounts appropriated in this Act under the
heading ``Shipbuilding and Conversion, Navy'', $1,676,587,000 shall be
available until September 30, 2026, to fund prior year shipbuilding
cost increases for the following programs:
(1) Under the heading ``Shipbuilding and Conversion,
Navy'', 2013/2026: Carrier Replacement Program, $150,000,000;
(2) Under the heading ``Shipbuilding and Conversion,
Navy'', 2016/2026: Virginia Class Submarine Program,
$121,538,000;
(3) Under the heading ``Shipbuilding and Conversion,
Navy'', 2016/2026: DDG 51 Program, $14,892,000;
(4) Under the heading ``Shipbuilding and Conversion,
Navy'', 2017/2026: Virginia Class Submarine Program,
$99,116,000;
(5) Under the heading ``Shipbuilding and Conversion,
Navy'', 2017/2026: DDG 51 Program, $62,365,000;
(6) Under the heading ``Shipbuilding and Conversion,
Navy'', 2017/2026: LHA Replacement Program, $93,603,000;
(7) Under the heading ``Shipbuilding and Conversion,
Navy'', 2018/2026: Virginia Class Submarine Program,
$289,761,000;
(8) Under the heading ``Shipbuilding and Conversion,
Navy'', 2018/2026: DDG 51 Program, $104,238,000;
(9) Under the heading ``Shipbuilding and Conversion,
Navy'', 2018/2026: LPD Flight II Program, $93,442,000;
(10) Under the heading ``Shipbuilding and Conversion,
Navy'', 2018/2026: Oceanographic Ships Program, $6,015,000;
(11) Under the heading ``Shipbuilding and Conversion,
Navy'', 2019/2026: Littoral Combat Ship Program, $5,766,000;
(12) Under the heading ``Shipbuilding and Conversion,
Navy'', 2019/2026: T-AO Fleet Oiler Program, $15,400,000;
(13) Under the heading ``Shipbuilding and Conversion,
Navy'', 2019/2026: Ship to Shore Connector Program,
$15,480,000;
(14) Under the heading ``Shipbuilding and Conversion,
Navy'', 2020/2026: CVN Refueling Overhauls, $483,100,000;
(15) Under the heading ``Shipbuilding and Conversion,
Navy'', 2020/2026: T-AO Fleet Oiler Program, $48,260,000;
(16) Under the heading ``Shipbuilding and Conversion,
Navy'', 2022/2026: T-AO Fleet Oiler Program, $19,650,000;
(17) Under the heading ``Shipbuilding and Conversion,
Navy'', 2022/2026: Expeditionary Sea Base Program, $30,000,000;
(18) Under the heading ``Shipbuilding and Conversion,
Navy'', 2022/2026: Expeditionary Fast Transport Program,
$11,231,000;
(19) Under the heading ``Shipbuilding and Conversion,
Navy'', 2023/2026: T-AO Fleet Oiler Program, $6,530,000; and
(20) Under the heading ``Shipbuilding and Conversion,
Navy'', 2024/2026: T-AO Fleet Oiler Program, $6,200,000.
Sec. 8073. Funds appropriated by this Act, or made available by
the transfer of funds in this Act, for intelligence activities and
intelligence-related activities not otherwise authorized in the
Intelligence Authorization Act for Fiscal Year 2026 are deemed to be
specifically authorized by the Congress for purposes of section 504 of
the National Security Act of 1947 (50 U.S.C. 3094).
Sec. 8074. None of the funds provided in this Act shall be
available for obligation or expenditure through a reprogramming of
funds that creates or initiates a new program, project, or activity
unless such program, project, or activity must be undertaken
immediately in the interest of national security and only after written
prior notification to the congressional defense committees.
Sec. 8075. None of the funds in this Act may be used for research,
development, test, evaluation, procurement or deployment of nuclear
armed interceptors of a missile defense system.
Sec. 8076. None of the funds made available by this Act may be
obligated or expended for the purpose of decommissioning more than one
Littoral Combat Ship.
(including transfer of funds)
Sec. 8077. The Secretary of Defense may transfer funds from any
available Department of the Navy appropriation (except military
construction) to any available Navy ship construction appropriation for
the purpose of liquidating necessary changes resulting from inflation,
market fluctuations, or rate adjustments for any ship construction
program appropriated in law: Provided, That the Secretary may transfer
not to exceed $40,000,000 under the authority provided by this section:
Provided further, That the Secretary may not transfer any funds until
30 days after the proposed transfer has been reported to the Committees
on Appropriations of the House of Representatives and the Senate,
unless a response from the Committees is received sooner: Provided
further, That any funds transferred pursuant to this section shall
retain the same period of availability as when originally appropriated:
Provided further, That the transfer authority provided under this
section is in addition to any other transfer authority contained
elsewhere in this Act: Provided further, That the transfer authority
provided by this section expires on September 30, 2030.
Sec. 8078. None of the funds appropriated or made available in
this Act shall be used to reduce or disestablish the operation of the
53rd Weather Reconnaissance Squadron of the Air Force Reserve, if such
action would reduce the WC-130 Weather Reconnaissance mission below the
levels funded in this Act: Provided, That the Air Force shall allow
the 53rd Weather Reconnaissance Squadron to perform other missions in
support of national defense requirements during the non-hurricane
season.
Sec. 8079. None of the funds provided in this Act shall be
available for integration of foreign intelligence information unless
the information has been lawfully collected and processed during the
conduct of authorized foreign intelligence activities: Provided, That
information pertaining to United States persons shall only be handled
in accordance with protections provided in the Fourth Amendment of the
United States Constitution as implemented through Executive Order No.
12333.
Sec. 8080. None of the funds appropriated by this Act for programs
of the Office of the Director of National Intelligence shall remain
available for obligation beyond the current fiscal year, except for
funds appropriated for research and technology, which shall remain
available until September 30, 2027.
Sec. 8081. For purposes of section 1553(b) of title 31, United
States Code, any subdivision of appropriations made in this Act under
the heading ``Shipbuilding and Conversion, Navy'' shall be considered
to be for the same purpose as any subdivision under the heading
``Shipbuilding and Conversion, Navy'' appropriations in any prior
fiscal year, and the 1 percent limitation shall apply to the total
amount of the appropriation.
Sec. 8082. (a) Not later than 60 days after the date of enactment
of this Act, the Director of National Intelligence shall submit a
report to the congressional intelligence committees to establish the
baseline for application of reprogramming and transfer authorities for
fiscal year 2026: Provided, That the report shall include--
(1) a table for each appropriation with a separate column
to display the President's budget request, adjustments made by
Congress, adjustments due to enacted rescissions, if
appropriate, and the fiscal year enacted level;
(2) a delineation in the table for each appropriation by
Expenditure Center and project; and
(3) an identification of items of special congressional
interest.
b
None of the funds provided for the National Intelligence
Program in this Act shall be available for reprogramming or transfer
until the report identified in subsection (a) is submitted to the
congressional intelligence committees, unless the Director of National
Intelligence certifies in writing to the congressional intelligence
committees that such reprogramming or transfer is necessary as an
emergency requirement.
Sec. 8083. Any transfer of amounts appropriated to the Department
of Defense Acquisition Workforce Development Account in or for fiscal
year 2026 to a military department or Defense Agency pursuant to
section 1705(e)(1) of title 10, United States Code, shall be covered by
and subject to section 8005 of this Act.
Sec. 8084. (a) None of the funds provided for the National
Intelligence Program in this or any prior appropriations Act shall be
available for obligation or expenditure through a reprogramming or
transfer of funds in accordance with section 102A(d) of the National
Security Act of 1947 (50 U.S.C. 3024(d)) that--
(1) creates a new start effort;
(2) terminates a program with appropriated funding of
$10,000,000 or more;
(3) transfers funding into or out of the National
Intelligence Program; or
(4) transfers funding between appropriations, unless the
congressional intelligence committees are notified 30 days in
advance of such reprogramming of funds; this notification
period may be reduced for urgent national security
requirements.
b
None of the funds provided for the National Intelligence
Program in this or any prior appropriations Act shall be available for
obligation or expenditure through a reprogramming or transfer of funds
in accordance with section 102A(d) of the National Security Act of 1947
(50 U.S.C. 3024(d)) that results in a cumulative increase or decrease
of the levels specified in the classified annex accompanying the Act
unless the congressional intelligence committees are notified 30 days
in advance of such reprogramming of funds; this notification period may
be reduced for urgent national security requirements.
Sec. 8085. (a) Any agency receiving funds made available in this
Act, shall, subject to subsections (b) and (c), post on the public
website of that agency any report required to be submitted by the
Congress in this or any other Act, upon the determination by the head
of the agency that it shall serve the national interest.
b
Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises national
security; or
(2) the report contains proprietary information.
c
The head of the agency posting such report shall do so only
after such report has been made available to the requesting Committee
or Committees of Congress for no less than 45 days.
Sec. 8086. (a) None of the funds appropriated or otherwise made
available by this Act may be expended for any Federal contract for an
amount in excess of $1,000,000, unless the contractor agrees not to--
(1) enter into any agreement with any of its employees or
independent contractors that requires, as a condition of
employment, that the employee or independent contractor agree
to resolve through arbitration any claim under title VII of the
Civil Rights Act of 1964 or any tort related to or arising out
of sexual assault or harassment, including assault and battery,
intentional infliction of emotional distress, false
imprisonment, or negligent hiring, supervision, or retention;
or
(2) take any action to enforce any provision of an existing
agreement with an employee or independent contractor that
mandates that the employee or independent contractor resolve
through arbitration any claim under title VII of the Civil
Rights Act of 1964 or any tort related to or arising out of
sexual assault or harassment, including assault and battery,
intentional infliction of emotional distress, false
imprisonment, or negligent hiring, supervision, or retention.
b
None of the funds appropriated or otherwise made available by
this Act may be expended for any Federal contract unless the contractor
certifies that it requires each covered subcontractor to agree not to
enter into, and not to take any action to enforce any provision of, any
agreement as described in paragraphs (1) and (2) of subsection (a),
with respect to any employee or independent contractor performing work
related to such subcontract. For purposes of this subsection, a
``covered subcontractor'' is an entity that has a subcontract in excess
of $1,000,000 on a contract subject to subsection (a).
c
The prohibitions in this section do not apply with respect to a
contractor's or subcontractor's agreements with employees or
independent contractors that may not be enforced in a court of the
United States.
d
The Secretary of Defense may waive the application of
subsection (a) or (b) to a particular contractor or subcontractor for
the purposes of a particular contract or subcontract if the Secretary
or the Deputy Secretary personally determines that the waiver is
necessary to avoid harm to national security interests of the United
States, and that the term of the contract or subcontract is not longer
than necessary to avoid such harm. The determination shall set forth
with specificity the grounds for the waiver and for the contract or
subcontract term selected, and shall state any alternatives considered
in lieu of a waiver and the reasons each such alternative would not
avoid harm to national security interests of the United States. The
Secretary of Defense shall transmit to Congress, and simultaneously
make public, any determination under this subsection not less than 15
business days before the contract or subcontract addressed in the
determination may be awarded.
(including transfer of funds)
Sec. 8087. From within the funds appropriated for operation and
maintenance for the Defense Health Program in this Act, up to
$165,000,000, shall be available for transfer to the Joint Department
of Defense--Department of Veterans Affairs Medical Facility
Demonstration Fund in accordance with the provisions of section 1704 of
the National Defense Authorization Act for Fiscal Year 2010, Public Law
111-84: Provided, That for purposes of section 1704(b), the facility
operations funded are operations of the integrated Captain James A.
Lovell Federal Health Care Center, consisting of the North Chicago
Veterans Affairs Medical Center, the Navy Ambulatory Care Center, and
supporting facilities designated as a combined Federal medical facility
as described by section 706 of Public Law 110-417: Provided further,
That additional funds may be transferred from funds appropriated for
operation and maintenance for the Defense Health Program to the Joint
Department of Defense--Department of Veterans Affairs Medical Facility
Demonstration Fund upon written notification by the Secretary of
Defense to the Committees on Appropriations of the House of
Representatives and the Senate.
Sec. 8088. Notwithstanding price or other limitations applicable
to the purchase of passenger carrying vehicles, appropriations
available to the Department of Defense may be used for the purchase of:
(1) heavy and light armored vehicles for the physical security of
personnel or for force protection purposes up to a limit of $450,000
per vehicle; and (2) passenger motor vehicles up to a limit of $75,000
per vehicle for use by military and civilian employees of the
Department of Defense in the United States Central Command area of
responsibility.
(including transfer of funds)
Sec. 8089. Upon a determination by the Director of National
Intelligence that such action is necessary and in the national
interest, the Director may, with the approval of the Director of the
Office of Management and Budget, transfer not to exceed $1,500,000,000
of the funds made available in this Act for the National Intelligence
Program: Provided, That such authority to transfer may not be used
unless for higher priority items, based on unforeseen intelligence
requirements, than those for which originally appropriated and in no
case where the item for which funds are requested has been denied by
the Congress: Provided further, That a request for multiple
reprogrammings of funds using authority provided in this section shall
be made prior to June 30, 2026.
Sec. 8090. Of the amounts appropriated in this Act for
``Shipbuilding and Conversion, Navy'', $290,000,000, to remain
available for obligation until September 30, 2030, may be used for the
purchase of two used sealift vessels for the National Defense Reserve
Fleet, established under section 11 of the Merchant Ship Sales Act of
1946 (46 U.S.C. 57100): Provided, That such amounts are available for
reimbursements to the Ready Reserve Force, Maritime Administration
account of the United States Department of Transportation for programs,
projects, activities, and expenses related to the National Defense
Reserve Fleet: Provided further, That notwithstanding section 2218 of
title 10, United States Code, none of these funds shall be transferred
to the National Defense Sealift Fund for execution.
Sec. 8091. The Secretary of Defense shall post grant awards on a
public website in a searchable format.
Sec. 8092. None of the funds made available by this Act may be
used by the National Security Agency to--
(1) conduct an acquisition pursuant to section 702 of the
Foreign Intelligence Surveillance Act of 1978 for the purpose
of targeting a United States person; or
(2) acquire, monitor, or store the contents (as such term
is defined in section 2510(8) of title 18, United States Code)
of any electronic communication of a United States person from
a provider of electronic communication services to the public
pursuant to section 501 of the Foreign Intelligence
Surveillance Act of 1978.
Sec. 8093. None of the funds made available in this or any other
Act may be used to pay the salary of any officer or employee of any
agency funded by this Act who approves or implements the transfer of
administrative responsibilities or budgetary resources of any program,
project, or activity financed by this Act to the jurisdiction of
another Federal agency not financed by this Act without the express
authorization of Congress: Provided, That this limitation shall not
apply to transfers of funds expressly provided for in Department of
Defense Appropriations Acts, or provisions of Acts providing
supplemental appropriations for the Department of Defense.
Sec. 8094. Of the amounts appropriated in this Act for ``Operation
and Maintenance, Navy'', $785,052,000, to remain available until
expended, may be used for any purposes related to the National Defense
Reserve Fleet established under section 11 of the Merchant Ship Sales
Act of 1946 (46 U.S.C. 57100): Provided, That such amounts are
available for reimbursements to the Ready Reserve Force, Maritime
Administration account of the United States Department of
Transportation for programs, projects, activities, and expenses related
to the National Defense Reserve Fleet.
Sec. 8095. (a) None of the funds provided in this Act for the TAO
Fleet Oiler program shall be used to award a new contract that provides
for the acquisition of the following components unless those components
are manufactured in the United States: Auxiliary equipment (including
pumps) for shipboard services; propulsion equipment (including engines,
reduction gears, and propellers); shipboard cranes; spreaders for
shipboard cranes; and anchor chains, specifically for the seventh and
subsequent ships of the fleet.
b
None of the funds provided in this Act for any Frigate program
shall be used to award a new contract that provides for the acquisition
of the following components unless those components are manufactured in
the United States: Air circuit breakers; gyrocompasses; electronic
navigation chart systems; steering controls; pumps; propulsion and
machinery control systems; totally enclosed lifeboats; auxiliary
equipment pumps; shipboard cranes; auxiliary chill water systems; and
propulsion propellers: Provided, That the Secretary of the Navy shall
incorporate United States manufactured propulsion engines and
propulsion reduction gears into any Frigate program beginning not later
than with the eleventh ship of the program.
Sec. 8096. None of the funds provided in this Act for requirements
development, performance specification development, concept design and
development, ship configuration development, systems engineering, naval
architecture, marine engineering, operations research analysis,
industry studies, preliminary design, development of the Detailed
Design and Construction Request for Proposals solicitation package, or
related activities for the T-ARC(X) Cable Laying and Repair Ship or the
T-AGOS(X) Oceanographic Surveillance Ship may be used to award a new
contract for such activities unless these contracts include
specifications that all auxiliary equipment, including pumps and
propulsion shafts, are manufactured in the United States.
Sec. 8097. No amounts credited or otherwise made available in this
or any other Act to the Department of Defense Acquisition Workforce
Development Account may be transferred to:
(1) the Rapid Prototyping Fund established under section
804(d) of the National Defense Authorization Act for Fiscal
Year 2016 (10 U.S.C. 2302 note); or
(2) credited to a military-department specific fund
established under section 804(d)(2) of the National Defense
Authorization Act for Fiscal Year 2016.
Sec. 8098. None of the funds made available by this Act may be
used for Government Travel Charge Card expenses by military or civilian
personnel of the Department of Defense for gaming, or for entertainment
that includes topless or nude entertainers or participants, as
prohibited by Department of Defense FMR, Volume 9, Chapter 3 and
Department of Defense Instruction 1015.10 (enclosure 3, 14a and 14b).
Sec. 8099. (a) None of the funds made available in this Act may be
used to maintain or establish a computer network unless such network is
designed to block access to pornography websites.
b
Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law enforcement
agency or any other entity carrying out criminal investigations,
prosecution, or adjudication activities, or for any activity necessary
for the national defense, including intelligence activities.
Sec. 8100. None of the funds provided for, or otherwise made
available, in this or any other Act, may be obligated or expended by
the Secretary of Defense to provide motorized vehicles, aviation
platforms, munitions other than small arms and munitions appropriate
for customary ceremonial honors, operational military units, or
operational military platforms if the Secretary determines that
providing such units, platforms, or equipment would undermine the
readiness of such units, platforms, or equipment.
Sec. 8101. (a) None of the funds made available by this or any
other Act may be used to enter into a contract, memorandum of
understanding, or cooperative agreement with, make a grant to, or
provide a loan or loan guarantee to any corporation that has any unpaid
Federal tax liability that has been assessed, for which all judicial
and administrative remedies have been exhausted or have lapsed, and
that is not being paid in a timely manner pursuant to an agreement with
the authority responsible for collecting such tax liability, provided
that the applicable Federal agency is aware of the unpaid Federal tax
liability.
b
Subsection (a) shall not apply if the applicable Federal agency
has considered suspension or debarment of the corporation described in
such subsection and has made a determination that such suspension or
debarment is not necessary to protect the interests of the Federal
Government.
Sec. 8102. (a) Amounts appropriated under title IV of this Act, as
detailed in budget activity eight in the tables titled Explanation of
Project Level Adjustments in the explanatory statement regarding this
Act, may be used for expenses for the agile research, development, test
and evaluation, procurement, production, modification, and operation
and maintenance, only for the following Software and Digital Technology
Pilot programs--
(1) Defensive CYBER--Software Prototype Development (PE
0608041A);
(2) Risk Management Information (PE 0608013N);
(3) Maritime Tactical Command and Control (PE 0608231N);
(4) Space Domain Awareness/Planning/Tasking SW (PE
1208248SF);
(5) Global Command and Control System (PE 0303150K);
(6) Acquisition Visibility (PE 0608648D8Z);
(7) Enterprise Platforms and Capabilities--Software Pilot
Program (PE 0608140D8Z); and
(8) Accelerate the Procurement and Fielding of Innovative
Technologies (APFIT) (PE 0000000D8Z).
b
None of the funds appropriated by this or prior Department of
Defense Appropriations Acts may be obligated or expended to initiate
additional Software and Digital Technology Pilot Programs in fiscal
year 2026.
Sec. 8103. None of the funds appropriated or otherwise made
available by this Act may be used to transfer the National
Reconnaissance Office to the Space Force: Provided, That nothing in
this Act shall be construed to limit or prohibit cooperation,
collaboration, and coordination between the National Reconnaissance
Office and the Space Force or any other elements of the Department of
Defense.
Sec. 8104. None of the funds made available in this Act may be
used in contravention of the following laws enacted or regulations
promulgated to implement the United Nations Convention Against Torture
and Other Cruel, Inhuman or Degrading Treatment or Punishment (done at
New York on December 10, 1984):
(1) Section 2340A of title 18, United States Code.
(2) Section 2242 of the Foreign Affairs Reform and
Restructuring Act of 1998 (division G of Public Law 105-277;
112 Stat. 2681-822; 8 U.S.C. 1231 note) and regulations
prescribed thereto, including regulations under part 208 of
title 8, Code of Federal Regulations, and part 95 of title 22,
Code of Federal Regulations.
(3) Sections 1002 and 1003 of the Department of Defense,
Emergency Supplemental Appropriations to Address Hurricanes in
the Gulf of Mexico, and Pandemic Influenza Act, 2006 (Public
Law 109-148).
Sec. 8105. None of the funds made available by this Act may be
used to provide arms, training, or other assistance to the Azov
Battalion.
Sec. 8106. The Secretary of Defense may, in this fiscal year and
each fiscal year thereafter, accept and retain contributions, including
money, personal property, and services, from foreign governments and
other entities, to carry out assistance authorized by section 1250 of
the National Defense Authorization Act for Fiscal Year 2016 (Public Law
114-92): Provided, That such contributions received shall be available
to the Secretary of Defense, with the concurrence of the Secretary of
State, to provide assistance authorized by such section, for
replacement of any weapons or articles provided to entities described
in subparagraphs (A) and (B) of subsection (a)(1) of such section from
the inventory of the United States, and to recover or dispose of
equipment previously provided to such entities: Provided further, That
the Secretary of Defense shall consult with the congressional defense
committees in advance of the provision of support provided to forces or
groups described in subparagraph (B) of such subsection: Provided
further, That the Secretary of Defense shall notify the congressional
defense committees in writing upon the receipt and upon the obligation
of any contribution, delineating the sources and amounts of the funds
received and the specific use of such contributions: Provided further,
That any notification of obligation of funds received in this section
shall specify an estimated timeline for the delivery of defense
articles and defense services provided and shall identify if any
equipment provided requires enhanced end-use monitoring: Provided
further, That contributions of money for the purposes provided herein
from any foreign government or other entity may be credited to the
Operation and Maintenance, Defense-Wide account, to remain available
for the following two fiscal years, and used for such purposes:
Provided further, That the Secretary of Defense shall provide quarterly
reports to the congressional defense committees on the use and status
of funds received pursuant to this section.
Sec. 8107. During the current fiscal year, the Department of
Defense is authorized to incur obligations of not to exceed
$350,000,000 for purposes specified in section 2350j(c) of title 10,
United States Code, in anticipation of receipt of contributions, only
from the Government of Kuwait, under that section: Provided, That,
such contributions shall, upon receipt, be credited to the
appropriations or fund which incurred such obligations.
Sec. 8108. Of the amounts appropriated in this Act under the
heading ``Operation and Maintenance, Defense-Wide'', for the Defense
Security Cooperation Agency, $1,499,808,000, to remain available until
September 30, 2027, shall be available for International Security
Cooperation Programs and other programs to provide support and
assistance to foreign security forces or other groups or individuals to
conduct, support or facilitate counterterrorism, crisis response, or
building partner capacity programs: Provided, That the Secretary of
Defense shall, not less than 15 days prior to obligating funds made
available in this section, notify the congressional defense committees
in writing of the details of any planned obligation: Provided further,
That the Secretary of Defense shall provide quarterly reports to the
Committees on Appropriations of the House of Representatives and the
Senate on the use and status of funds made available in this section.
Sec. 8109. Of the amounts appropriated in this Act under the
heading ``Operation and Maintenance, Defense-Wide'', for the Defense
Security Cooperation Agency, $267,298,000, to remain available until
September 30, 2027, shall be available for support authorized by
subparagraphs (A) through (E) and (G) through (I) of section 1226(a)(1)
of the National Defense Authorization Act for Fiscal Year 2016 (22
U.S.C. 2151 note), of which not less than $150,000,000 shall be for
Jordan: Provided, That the Secretary of Defense shall, not less than
15 days prior to obligating funds made available under this section,
notify the congressional defense committees in writing of the details
of any planned obligation and the nature of the expenses incurred:
Provided further, That the Secretary of Defense shall provide quarterly
reports to the Committees on Appropriations of the House of
Representatives and the Senate on the use and status of funds made
available in this section.
Sec. 8110. None of the funds made available by this Act may be
used in contravention of the War Powers Resolution (50 U.S.C. 1541 et
seq.).
Sec. 8111. None of the funds made available by this Act for excess
defense articles, assistance under section 333 of title 10, United
States Code, or peacekeeping operations for the countries designated
annually to be in violation of the standards of the Child Soldiers
Prevention Act of 2008 (Public Law 110-457; 22 U.S.C. 2370c-1) may be
used to support any military training or operation that includes child
soldiers, as defined by the Child Soldiers Prevention Act of 2008,
unless such assistance is otherwise permitted under section 404 of the
Child Soldiers Prevention Act of 2008.
Sec. 8112. None of the funds made available by this Act may be
made available for any member of the Taliban.
Sec. 8113. Notwithstanding any other provision of law, any
transfer of funds, appropriated or otherwise made available by this
Act, for support to friendly foreign countries in connection with the
conduct of operations in which the United States is not participating,
pursuant to section 331(d) of title 10, United States Code, shall be
made in accordance with section 8005 of this Act.
Sec. 8114. (a) None of the funds appropriated or otherwise made
available by this or any other Act may be used by the Secretary of
Defense, or any other official or officer of the Department of Defense,
to enter into a contract, memorandum of understanding, or cooperative
agreement with, or make a grant to, or provide a loan or loan guarantee
to Rosoboronexport or any subsidiary of Rosoboronexport.
b
The Secretary of Defense may waive the limitation in subsection
a
if the Secretary, in consultation with the Secretary of State and
the Director of National Intelligence, determines that it is in the
vital national security interest of the United States to do so, and
certifies in writing to the congressional defense committees that--
(1) Rosoboronexport has ceased the transfer of lethal
military equipment to, and the maintenance of existing lethal
military equipment for, the Government of the Syrian Arab
Republic;
(2) the armed forces of the Russian Federation have
withdrawn from Ukraine; and
(3) agents of the Russian Federation have ceased taking
active measures to destabilize the control of the Government of
Ukraine over eastern Ukraine.
c
The Inspector General of the Department of Defense shall
conduct a review of any action involving Rosoboronexport with respect
to a waiver issued by the Secretary of Defense pursuant to subsection
b
, and not later than 90 days after the date on which such a waiver
is issued by the Secretary of Defense, the Inspector General shall
submit to the congressional defense committees a report containing the
results of the review conducted with respect to such waiver.
Sec. 8115. The Secretary of Defense shall notify the congressional
defense committees in writing not more than 30 days after the receipt
of any contribution of funds received from the government of a foreign
country for any purpose relating to the stationing or operations of the
United States Armed Forces: Provided, That such notification shall
include the amount of the contribution; the purpose for which such
contribution was made; and the authority under which such contribution
was accepted by the Secretary of Defense: Provided further, That not
fewer than 15 days prior to obligating such funds, the Secretary of
Defense shall submit to the congressional defense committees in writing
a notification of the planned use of such contributions, including
whether such contributions would support existing or new stationing or
operations of the United States Armed Forces.
Sec. 8116. (a) The Chairman of the Joint Chiefs, in coordination
with the Secretaries of the military departments and the Chiefs of the
Armed Forces, shall submit to the congressional defense committees, not
later than 30 days after the last day of each quarter of the fiscal
year, a report on the use of operation and maintenance funds for
activities or exercises in excess of $5,000,000 that have been
designated by the Secretary of Defense as unplanned activities for
fiscal year 2026.
b
Each report required by subsection (a) shall also include--
(1) the title, date, and location, of each activity and
exercise covered by the report;
(2) an identification of the military department and units
that participated in each such activity or exercise (including
an estimate of the number of participants);
(3) the total cost of the activity or exercise, by budget
line item (with a breakdown by cost element such as
transportation); and
(4) a short explanation of the objective of the activity or
exercise.
c
The report required by subsection (a) shall be submitted in
unclassified form, but may include a classified annex.
Sec. 8117. (a) Within 45 days of enactment of this Act, the
Secretary of Defense shall allocate amounts made available from the
Creating Helpful Incentives to Produce Semiconductors (CHIPS) for
America Defense Fund for fiscal year 2026 pursuant to the transfer
authority in section 102(b)(1) of the CHIPS Act of 2022 (division A of
Public Law 117-167), to the account specified, in the amounts
specified, and for the projects and activities specified, in the table
titled ``Department of Defense Allocation of Funds: CHIPS and Science
Act Fiscal Year 2026'' in the report accompanying this Act.
b
Neither the President nor his designee may allocate any amounts
that are made available for any fiscal year under section 102(b)(2) of
the CHIPS Act of 2022 if there is in effect an Act making or continuing
appropriations for part of a fiscal year for the Department of Defense:
Provided, That in any fiscal year, the matter preceding this proviso
shall not apply to the allocation, apportionment, or allotment of
amounts for continuing administration of programs allocated using funds
transferred from the CHIPS for America Defense Fund, which may be
allocated pursuant to the transfer authority in section 102(b)(1) of
the CHIPS Act of 2022 only in amounts that are no more than the
allocation for such purposes in subsection (a) of this section.
c
The Secretary of Defense may reallocate funds allocated by
subsection (a) of this section, subject to the terms and conditions
contained in the provisos in section 8005 of this Act: Provided, That
amounts may be reallocated pursuant to this subsection only for those
requirements necessary to carry out section 9903(b) of the William M.
(Mac) Thornberry National Defense Authorization Act for Fiscal Year
2021 (Public Law 116-283).
d
Concurrent with the annual budget submission of the President
for fiscal year 2027, the Secretary of Defense shall submit to the
Committees on Appropriations of the House of Representatives and the
Senate proposed allocations by account and by program, project, or
activity, with detailed justifications, for amounts made available
under section 102(b)(2) of the CHIPS Act of 2022 for fiscal year 2027.
e
The Department of Defense shall provide the Committees on
Appropriations of the House of Representatives and Senate quarterly
reports on the status of balances of projects and activities funded by
the CHIPS for America Defense Fund for amounts allocated pursuant to
subsection (a) of this section, including all uncommitted, committed,
and unobligated funds.
Sec. 8118. Not later than 15 days after the date on which any
foreign base that involves the stationing or operations of the United
States Armed Forces, including a temporary base, permanent base, or
base owned and operated by a foreign country, is opened or closed, the
Secretary of Defense shall notify the congressional defense committees
in writing of the opening or closing of such base: Provided, That such
notification shall also include information on any personnel changes,
costs, and savings associated with the opening or closing of such base.
Sec. 8119. None of the funds appropriated or otherwise made
available by this or any other Act shall be obligated or expended by
the United States Government for any of the following purposes:
(1) To establish any military installation or base for the
purpose of providing for the permanent stationing of United
States Armed Forces in Iraq.
(2) To exercise United States control over any oil resource
of Iraq or Syria.
Sec. 8120. Up to $500,000,000 of the funds appropriated by this
Act under the heading ``Operation and Maintenance, Defense-Wide'' for
the Defense Security Cooperation Agency may be used to support the
armed forces of Jordan.
Sec. 8121. The amounts appropriated in title II of this Act are
hereby reduced by $1,050,000,000 to reflect excess cash balances in
Department of Defense Working Capital Funds, as follows:
(1) From ``Operation and Maintenance, Army'', $100,000,000;
(2) From ``Operation and Maintenance, Navy'', $450,000,000;
and
(3) From ``Operation and Maintenance, Air Force'',
$500,000,000.
Sec. 8122. Of the funds appropriated in this Act under the heading
``Operation and Maintenance, Defense-Wide'', $47,000,000 shall be for
continued implementation and expansion of the Sexual Assault Special
Victims' Counsel Program: Provided, That the funds are made available
for transfer to the Department of the Army, the Department of the Navy,
and the Department of the Air Force: Provided further, That funds
transferred shall be merged with and available for the same purposes
and for the same time period as the appropriations to which the funds
are transferred: Provided further, That this transfer authority is in
addition to any other transfer authority provided in this Act.
Sec. 8123. In carrying out the program described in the memorandum
on the subject of ``Policy for Assisted Reproductive Services for the
Benefit of Seriously or Severely Ill/Injured (Category II or III)
Active Duty Service Members'' issued by the Assistant Secretary of
Defense for Health Affairs on April 3, 2012, and the guidance issued to
implement such memorandum, the Secretary of Defense shall apply such
policy and guidance, except that--
(1) the limitation on periods regarding embryo
cryopreservation and storage set forth in part III(G) and in
part IV(H) of such memorandum shall not apply; and
(2) the term ``assisted reproductive technology'' shall
include embryo cryopreservation and storage without limitation
on the duration of such cryopreservation and storage.
Sec. 8124. The Secretary of Defense may obligate funds made
available by this Act for procurement or for research, development,
test and evaluation for the F-35 Joint Strike Fighter to modify not
fewer than nine F-35 aircraft, including at least three F-35 aircraft
of each variant, for any test configuration: Provided, That the
Secretary of Defense shall, with the concurrence of the Secretary of
the Air Force and the Secretary of the Navy, notify the congressional
defense committees not fewer than 30 days prior to obligating funds
under this section: Provided further, That any transfer of funds
pursuant to the authority provided in this section shall be made in
accordance with section 8005 of this Act.
Sec. 8125. None of the funds appropriated or otherwise made
available by this or any other Act may be obligated to integrate an
alternative engine on any F-35 aircraft.
Sec. 8126. The Secretary of Defense may use up to $650,000,000 of
the amounts appropriated or otherwise made available in this Act to the
Department of Defense for the rapid acquisition and deployment of
supplies and associated support services pursuant to section 3601 of
title 10, United States Code, but only for the purposes specified in
clauses (i), (ii), (iii), and (iv) of subsection (c)(3)(B) of such
section and subject to the applicable limits specified in clauses (i),
(ii), and (iii) of such subsection and, in the case of clause (iv) of
such subsection, subject to a limit of $50,000,000, or for the purposes
specified in section 229 of the National Defense Authorization Act for
Fiscal Year 2024 (Public Law 118-31) and subject to a limit of
$100,000,000: Provided, That the Secretary of Defense shall notify the
congressional defense committees promptly of all uses of this
authority.
Sec. 8127. Notwithstanding section 8056 of this Act, amounts
appropriated under the heading ``Research, Development, Test and
Evaluation, Defense-Wide'' of this Act, as detailed in budget activity
eight in the tables titled Explanation of Project Level Adjustments in
the explanatory statement accompanying this Act for ``Defense
Innovation Unit (DIU) Fielding'' line 301, may be used for expenses for
agile research, development, test and evaluation, procurement,
production, modification, and operation and maintenance requirements,
including the initial acquisition of end-items for operational use:
Provided, That none of these funds may be obligated or expended until
15 days after the Secretary of Defense provides the congressional
defense committees a detailed execution plan for such funds.
Sec. 8128. None of the funds made available by this Act may be
used to support any activity conducted by, or associated with, the
Wuhan Institute of Virology.
Sec. 8129. None of the funds made available by this Act may be
used to fund any work to be performed by EcoHealth Alliance, Inc. in
China on research supported by the government of China unless the
Secretary of Defense determines that a waiver to such prohibition is in
the national security interests of the United States and, not later
than 14 days after granting such a waiver, submits to the congressional
defense committees a detailed justification for the waiver, including--
(1) an identification of the Department of Defense entity
obligating or expending the funds;
(2) an identification of the amount of such funds;
(3) an identification of the intended purpose of such
funds;
(4) an identification of the recipient or prospective
recipient of such funds (including any third-party entity
recipient, as applicable);
(5) an explanation for how the waiver is in the national
security interests of the United States; and
(6) any other information the Secretary determines
appropriate.
Sec. 8130. None of the funds appropriated or otherwise made
available in this or any other Act may be used to transfer, release, or
assist in the transfer or release to or within the United States, its
territories, or possessions Khalid Sheikh Mohammed or any other
detainee who--
(1) is not a United States citizen or a member of the Armed
Forces of the United States; and
(2) is or was held on or after June 24, 2009, at United
States Naval Station, Guantanamo Bay, Cuba, by the Department
of Defense.
Sec. 8131. None of the funds appropriated or otherwise made
available in this Act may be used to transfer any individual detained
at United States Naval Station Guantanamo Bay, Cuba, to the custody or
control of the individual's country of origin, any other foreign
country, or any other foreign entity except in accordance with section
1034 of the National Defense Authorization Act for Fiscal Year 2016
(Public Law 114-92) and section 1035 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law 115-232).
Sec. 8132. (a) None of the funds appropriated or otherwise made
available in this or any other Act may be used to construct, acquire,
or modify any facility in the United States, its territories, or
possessions to house any individual described in subsection (c) for the
purposes of detention or imprisonment in the custody or under the
effective control of the Department of Defense.
b
The prohibition in subsection (a) shall not apply to any
modification of facilities at United States Naval Station, Guantanamo
Bay, Cuba.
c
An individual described in this subsection is any individual
who, as of June 24, 2009, is located at United States Naval Station,
Guantanamo Bay, Cuba, and who--
(1) is not a citizen of the United States or a member of
the Armed Forces of the United States; and
(2) is--
(A) in the custody or under the effective control
of the Department of Defense; or
(B) otherwise under detention at United States
Naval Station, Guantanamo Bay, Cuba.
Sec. 8133. None of the funds made available by this Act may be
used to carry out the closure or realignment of the United States Naval
Station, Guantanamo Bay, Cuba.
Sec. 8134. There is appropriated to the ``Department of Defense
Credit Program Account'' established pursuant to section 149(e)(5) of
title 10, United States Code, $97,770,000, to remain available until
expended, to carry out a pilot program on capital assistance to support
defense investment in the industrial base as authorized by section
149(e) of such title, of which up to $2,500,000 may be used for
administrative expenses and project-specific transaction costs:
Provided, That costs of loans and loan guarantees, including the cost
of modifying such loans and loan guarantees, shall be as defined in
section 502 of the Congressional Budget Act of 1974: Provided further,
That such amounts are available to subsidize gross obligations for the
principal amount of loans, and total loan principal, any part of which
is to be guaranteed, not to exceed $4,390,000,000: Provided further,
That, for the purposes of carrying out the Congressional Budget Act of
1974, the Director of the Congressional Budget Office may request, and
the Secretary shall promptly provide documentation and information
relating to a project receiving capital assistance as authorized under
section 149(e) of such title.
Sec. 8135. None of the funds appropriated or otherwise made
available by this Act may be used to divest or prepare to divest more
than eight U-2 aircraft.
Sec. 8136. The amounts appropriated in title II of this Act are
hereby reduced by $1,204,617,000 to reflect savings attributable to
efficiencies, streamlining of functions, and management improvements in
the Department of Defense, as follows:
(1) From ``Operation and Maintenance, Army'', $563,288,000;
(2) From ``Operation and Maintenance, Navy'', $109,159,000;
(3) From ``Operation and Maintenance, Marine Corps'',
$9,467,000;
(4) From ``Operation and Maintenance, Air Force'',
$319,765,000;
(5) From ``Operation and Maintenance, Space Force'',
$6,493,000; and
(6) From ``Operation and Maintenance, Defense-Wide'',
$196,445,000:
Provided, That such reduction may not be derived from amounts
appropriated by this Act for the National Intelligence Program or the
Military Intelligence Program.
Sec. 8137. (a) Concurrent with the annual budget submission of the
President for fiscal year 2027, and each fiscal year thereafter,
pursuant to section 1105(a) of title 31, United States Code, the
Secretary of Defense shall submit to the Committees on Appropriations
of the House of Representatives and the Senate the following with
respect to amounts made available by Public Law 119-21 until all such
amounts have been expended:
(1) proposed allocations by account, by fiscal year, and by
program, project, or activity, with detailed justifications;
(2) P-1 and R-1 budget justification documents, which shall
identify the allocation of funds by program, project, and
activity; and
(3) budget justification documents, to be known as M-1 and
O-1, which shall identify the allocation of funds by budget
activity, activity group, and sub-activity group.
b
Subsequent to the submission required in subsection (a), the
Secretary of Defense shall submit to the Committees on Appropriations
of the House of Representatives and Senate quarterly reports on the
status of balances of projects and activities funded using amounts
described in subsection (a), including all uncommitted, committed, and
unobligated funds, until all such amounts have been expended.
Sec. 8138. The Secretary of Defense shall obligate funds made
available by this or any other Act, including prior year Acts, under
the heading ``Research, Development, Test and Evaluation, Navy'' for
the Next Generation Fighter program for the purpose of executing the
engineering and manufacturing development contract for the Next
Generation Fighter aircraft in a manner that achieves accelerated
Initial Operational Capability: Provided, That none of the funds made
available to the Department of Defense for this fiscal year or any
prior fiscal year may be used to pause, cancel, or terminate the Next
Generation Fighter program.
Sec. 8139. Of the funds provided under the heading ``Operation and
Maintenance, Navy'', not less than $80,000,000 shall be made available
for the establishment of a Platform Supply Vessel Pilot Program (in
this section referred to as the ``Program'') for the purpose of
validating Service requirements necessary to meet at-sea and in-shore
logistics operations: Provided, That the Program shall evaluate
options to time charter no less than six, and enter into a contractual
agreement for no less than two time charters: Provided further, That
the condition of the time charter should consider existing United
States-built platform supply vessels that are documented under the laws
of the United States, owned by a citizen of the United States under 46
U.S.C. 50501, configured for logistics support in the Indo-Pacific
region that can meet the regulatory and physical requirements to
transport nearly 500,000 gallons of various standard fuels, and provide
up to 10,000 square feet of combined deck space for transport of
military equipment and personnel for delivery in and out of shallow
draft ports in the Indo-Pacific region: Provided further, That the
Secretary of the Navy shall provide a briefing within 180 days after
the enactment of this Act to the House and Senate Appropriations
Committees on the status of the Program and the effectiveness of using
PSVs to fill this critical need.
Sec. 8140. Funds made available for the UH-60 Blackhawk aircraft
program under this or any other Act, including prior year Acts, under
the headings ``Aircraft Procurement, Army'' and ``Research,
Development, Test and Evaluation, Army'' shall be obligated only for
the purposes for which such funds were appropriated and such funds may
not be reprogrammed or transferred for other purposes: Provided, That
none of the funds made available to the Department of Defense for this
fiscal year or any prior fiscal year may be used to pause, cancel, or
terminate the UH-60 Blackhawk aircraft program or to prepare to pause,
cancel, or terminate such program.
Sec. 8141. Funds made available for the E-7 Wedgetail aircraft
program under this or any other Act, including prior year Acts, under
the headings ``Aircraft Procurement, Air Force'' and ``Research,
Development, Test and Evaluation, Air Force'' shall be obligated only
for the purposes for which such funds were appropriated and such funds
may not be reprogrammed or transferred for other purposes: Provided,
That none of the funds made available to the Department of Defense for
this fiscal year or any prior fiscal year may be used to pause, cancel,
or terminate the E-7 Wedgetail aircraft program or to prepare to pause,
cancel, or terminate such program.
Sec. 8142. None of the funds made available by this Act may be
used to close--
(1) the Rock Island Arsenal Museum located in Rock Island
Arsenal, Illinois;
(2) the Fort Sill National Historic Landmark and Museum
located in Lawton, Oklahoma;
(3) the United States Army Transportation Museum located at
Fort Eustis, Virginia; or
(4) the General George Patton Museum of Leadership located
at Fort Knox, Kentucky.
Sec. 8143. Of the amounts appropriated in this Act under the
heading ``Operation and Maintenance, Defense-Wide'', for the Defense
Security Cooperation Agency, $1,000,000,000, to remain available until
September 30, 2027, shall be for the Taiwan Security Cooperation
Initiative: Provided, That such funds shall be available to the
Secretary of Defense, with the concurrence of the Secretary of State,
to provide assistance, including new procurement of defense articles,
services, and military education and training to Taiwan: Provided
further, That equipment procured using funds made available in this
section, and not yet transferred to Taiwan, or returned by Taiwan to
the United States, may be treated as stocks of the Department of
Defense upon written notification to the congressional defense
committees: Provided further, That the Secretary of Defense shall, not
less than 15 days prior to obligating funds made available in this
section, notify the congressional defense committees in writing of the
details of any such obligation: Provided further, That the Secretary
of Defense shall provide quarterly reports to the congressional defense
committees on the use and status of funds made available in this
section.
Sec. 8144. Of the amounts appropriated or otherwise made available
by title II of this Act under the heading ``Operation and Maintenance,
Air Force'', the Secretary of Defense may reimburse the Federated
States of Micronesia in an amount not to exceed $34,000,000 for land
acquisition costs for defense sites in Yap.
Sec. 8145. The total amount appropriated in title II of this Act
is hereby reduced by $550,000,000 to reflect savings due to favorable
bulk fuel rates: Provided, That such reduction may not be derived from
amounts appropriated by this Act for the National Intelligence Program
or the Military Intelligence Program.
Sec. 8146. In making Federal financial assistance, the Department
of Defense shall continue to apply the negotiated indirect cost rates
in section 200.414 of title 2, Code of Federal Regulations, including
with respect to the approval of deviations from negotiated indirect
cost rates, to the same extent and in the same manner as such
negotiated indirect cost rates were applied in fiscal year 2024:
Provided, That none of the funds appropriated in this or prior
Department of Defense Appropriations Acts, or otherwise made available
to the Department of Defense may be used to develop, modify, or
implement changes to such fiscal year 2024 negotiated indirect cost
rates.
(including transfer of funds)
Sec. 8147. Of the amounts appropriated in this Act under the
heading ``Operation and Maintenance, Defense-Wide'', $150,000,000, to
remain available until September 30, 2027, may be used for replacement
of defense articles and for reimbursement of defense services provided
to or identified for provision to Taiwan: Provided, That such funds
may be transferred to appropriations made available under titles II,
III, IV, and V of this Act for replacement, through new procurement or
repair of existing unserviceable equipment, of defense articles from
the stocks of the Department of Defense, and for reimbursement for
defense services of the Department of Defense and military education
and training, provided to the government of Taiwan or to foreign
countries that have provided support to Taiwan at the request of the
United States: Provided further, That funds transferred pursuant to
this section shall be merged with and available for the same purposes
and for the same time period as the appropriations to which the funds
are transferred: Provided further, That the Secretary of Defense shall
notify the congressional defense committees of the details of such
transfers not less than 15 days before any such transfer: Provided
further, That upon a determination that all or part of the funds
transferred from this appropriation are not necessary for the purposes
provided herein, such amounts may be transferred back and merged with
this appropriation: Provided further, That the transfer authority
provided in this section is in addition to any other transfer authority
provided in this Act.
Sec. 8148. None of the funds made available to the Department of
Defense for this fiscal year or any prior fiscal year may be used by
the Department of Defense to award a sole-source or non-competitive
contract in excess of $100,000,000 for space-based airborne moving
target indication systems.
Sec. 8149. None of the funds made available to the Department of
Defense for this fiscal year or any prior fiscal year may be used to
pause, cancel, or terminate the Next-Generation Overhead Persistent
Infrared Geosynchronous Earth Orbit and the Next-Generation Overhead
Persistent Infrared Polar programs.
Sec. 8150. Any transactions or follow-on transactions entered into
pursuant to the authority in section 2808a of title 10, United States
Code, to carry out repair and construction projects for facilities may
only be carried out if, without regard to section 2808a, such projects
are otherwise authorized by law and the use of military construction,
operation and maintenance, or research, development, test and
evaluation funds is otherwise authorized for such projects: Provided,
That none of the funds appropriated or otherwise made available by this
or prior Acts, by title I of division D of Public Law 119-37 or by any
prior Act making appropriations for Military Construction, Veterans
Affairs, and Related Agencies, or by funds made available to the
Department of Defense in Public Law 119-21 may be transferred pursuant
to the authority in section 2808a of title 10, United States Code.
Sec. 8151. The amounts appropriated in title IV of this Act are
hereby reduced by $1,000,000,000 due to the expiration of
authorizations contained in 15 U.S.C. 638, as follows:
``Research, Development, Test and Evaluation, Army'',
$140,000,000;
``Research, Development, Test and Evaluation, Navy'',
$157,000,000;
``Research, Development, Test and Evaluation, Air Force'',
$325,000,000;
``Research, Development, Test and Evaluation, Space
Force'', $140,000,000; and
``Research, Development, Test and Evaluation, Defense-
Wide'', $238,000,000:
Provided, That this section shall not apply to appropriations for the
National Intelligence Program: Provided further, That if a law
reauthorizing 15 U.S.C. 638 for fiscal year 2026 is enacted after the
date of the enactment of this section and before September 30, 2026,
the required expenditure amount in 15 U.S.C. 638 for the Department of
Defense for such program for such fiscal year shall be prorated on an
annual basis for the remainder of such fiscal year based on the
extramural budget (as defined in 15 U.S.C. 638(e)(1)) of the Department
on the date of the enactment of such law.
Sec. 8152. Of the amounts appropriated in this Act under the
heading ``Operation and Maintenance, Defense-Wide'', for the Defense
Security Cooperation Agency, $200,000,000, to remain available until
September 30, 2027, shall be available for the International Security
Cooperation Program - Baltic Security Initiative to provide support and
assistance to the foreign security forces of Estonia, Latvia, and
Lithuania in accordance with the objectives identified by section 1247
of the National Defense Authorization Act for Fiscal Year 2026 (Public
Law 119-60): Provided, That the Secretary of Defense shall, not less
than 15 days prior to obligating funds made available in this section,
notify the congressional defense committees in writing of the details
of any planned obligation: Provided further, That the Secretary of
Defense shall provide quarterly reports to the Committees on
Appropriations of the House of Representatives and the Senate on the
use and status of funds made available in this section.
(including transfer of funds)
Sec. 8153. (a) In addition to amounts made available elsewhere in
this Act, $500,000,000, of which not less than $150,000,000 shall be
available only for the qualification and testing of second source
providers, is hereby appropriated to the Department of Defense and may
be transferred to the procurement accounts of the Army, Navy, Air
Force, and Department of Defense and the ``Research, Development, Test
and Evaluation, Defense-Wide'' account, only for the following
purposes--
(1) investment in modernization, expansion, or
facilitization of the solid rocket motor industrial base,
including capital equipment, tooling, and facility upgrades;
(2) workforce development, training, and retention;
(3) supplier base expansion and qualification, including
second- and third-tier vendors and non-traditional
manufacturers;
(4) process improvements, automation, and digital
manufacturing; and
(5) risk reduction and surge capacity initiatives necessary
to ensure reliable, affordable, and timely production of solid
rocket motors and related energetics:
b
Not later than 60 days after the date of the enactment of this
Act, the Secretary of Defense shall provide a briefing to the
congressional defense committees on planned activities under this
section, including an explanation of how competition considerations and
industry input were incorporated into acquisition and execution
decisions: Provided, That none of the funds provided under this
section may be obligated or expended until 30 days after the Secretary
of Defense provides to the congressional defense committees a detailed
execution plan for the use of such funds: Provided further, That the
Secretary of Defense shall, not fewer than 15 days prior to any
transfer of funds, notify the Committees on Appropriations of the House
of Representatives and the Senate in writing of the details of any such
transfer: Provided further, That upon transfer, the funds shall be
merged with and available for the same purposes, and for the same time
period, as the appropriation to which transferred: Provided further,
That upon a determination that all or part of the funds transferred
from this appropriation are not necessary for the purposes provided
herein, such amounts may be transferred back and merged with this
appropriation: Provided further, That the transfer authority provided
under this section is in addition to any other transfer authority
provided elsewhere in this Act.
This division may be cited as the ``Department of Defense
Appropriations Act, 2026''.
DIVISION B--DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND
EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2026
TITLE I
DEPARTMENT OF LABOR
Employment and Training Administration
training and employment services
For necessary expenses of the Workforce Innovation and Opportunity
Act (referred to in this Act as ``WIOA'') and the National
Apprenticeship Act, $3,981,588,000 plus reimbursements, shall be
available. Of the amounts provided:
(1) for grants to States for adult employment and training
activities, youth activities, and dislocated worker employment
and training activities, $2,919,332,000 as follows:
(A) $875,649,000 for adult employment and training
activities, of which $163,649,000 shall be available
for the period July 1, 2026 through June 30, 2027, and
of which $712,000,000 shall be available for the period
October 1, 2026 through June 30, 2027;
(B) $948,130,000 for youth activities, which shall
be available for the period April 1, 2026 through June
30, 2027; and
(C) $1,095,553,000 for dislocated worker employment
and training activities, of which $235,553,000 shall be
available for the period July 1, 2026 through June 30,
2027, and of which $860,000,000 shall be available for
the period October 1, 2026 through June 30, 2027:
Provided, That the funds available for allotment to outlying
areas to carry out subtitle B of title I of the WIOA shall not
be subject to the requirements of section 127(b)(1)(B)(ii) of
such Act: Provided further, That notwithstanding the
requirements of WIOA, outlying areas may submit a single
application for a consolidated grant that awards funds that
would otherwise be available to such areas to carry out the
activities described in subtitle B of title I of the WIOA:
Provided further, That such application shall be submitted to
the Secretary of Labor (referred to in this title as
``Secretary''), at such time, in such manner, and containing
such information as the Secretary may require: Provided
further, That outlying areas awarded a consolidated grant
described in the preceding provisos may use the funds for any
of the programs and activities authorized under such subtitle B
of title I of the WIOA subject to approval of the application
and such reporting requirements issued by the Secretary; and
(2) for national programs, $1,062,256,000 as follows:
(A) $300,859,000 for the dislocated workers
assistance national reserve, of which $100,859,000
shall be available for the period July 1, 2026 through
September 30, 2027, and of which $200,000,000 shall be
available for the period October 1, 2026 through
September 30, 2027: Provided, That funds provided to
carry out section 132(a)(2)(A) of the WIOA may be used
to provide assistance to a State for statewide or local
use in order to address cases where there have been
worker dislocations across multiple sectors or across
multiple local areas and such workers remain
dislocated; coordinate the State workforce development
plan with emerging economic development needs; and
train such eligible dislocated workers: Provided
further, That funds provided to carry out sections
168(b) and 169(c) of the WIOA may be used for technical
assistance and demonstration projects, respectively,
that provide assistance to new entrants in the
workforce and incumbent workers: Provided further,
That notwithstanding section 168(b) of the WIOA, of the
funds provided under this subparagraph, the Secretary
may reserve not more than 10 percent of such funds to
provide technical assistance and carry out additional
activities related to the transition to the WIOA:
Provided further, That of the funds provided under this
subparagraph, $120,000,000 shall be for training and
employment assistance under sections 168(b), 169(c)
(notwithstanding the 10 percent limitation in such
section) and 170 of the WIOA as follows:
i
$55,000,000 shall be for workers in the
Appalachian region, as defined by 40 U.S.C.
14102(a)(1), workers in the Lower Mississippi,
as defined in section 4(2) of the Delta
Development Act (Public Law 100-460, 102 Stat.
2246; 7 U.S.C. 2009aa(2)), and workers in the
region served by the Northern Border Regional
Commission, as defined by 40 U.S.C. 15733; and
(ii) $65,000,000 shall be for the purpose
of developing, offering, or improving
educational or career training programs at
community colleges, defined as public
institutions of higher education, as described
in section 101(a) of the Higher Education Act
of 1965 and at which the associate's degree is
primarily the highest degree awarded, with
other eligible institutions of higher
education, as defined in section 101(a) of the
Higher Education Act of 1965, eligible to
participate through consortia, with community
colleges as the lead grantee: Provided, That
the Secretary shall follow the requirements for
the program in House Report 116-62: Provided
further, That any grant funds used for
apprenticeships shall be used to support only
apprenticeship programs registered under the
National Apprenticeship Act and as referred to
in section 3(7)(B) of the WIOA;
(B) $62,500,000 for Native American programs under
section 166 of the WIOA, which shall be available for
the period July 1, 2026 through June 30, 2027;
(C) $97,396,000 for migrant and seasonal farmworker
programs under section 167 of the WIOA, including
$90,134,000 for formula grants (of which not less than
70 percent shall be for employment and training
services), $6,591,000 for migrant and seasonal housing
(of which not less than 70 percent shall be for
permanent housing), and $671,000 for other
discretionary purposes, which shall be available for
the period April 1, 2026 through June 30, 2027:
Provided, That notwithstanding any other provision of
law or related regulation, the Department of Labor
shall take no action limiting the number or proportion
of eligible participants receiving related assistance
services or discouraging grantees from providing such
services: Provided further, That notwithstanding the
definition of ``eligible seasonal farmworker'' in
section 167(i)(3)(A) of the WIOA relating to an
individual being ``low-income'', an individual is
eligible for migrant and seasonal farmworker programs
under section 167 of the WIOA under that definition if,
in addition to meeting the requirements of clauses (i)
and (ii) of section 167(i)(3)(A), such individual is a
member of a family with a total family income equal to
or less than 150 percent of the poverty line;
(D) $105,000,000 for YouthBuild activities as
described in section 171 of the WIOA, which shall be
available for the period April 1, 2026 through June 30,
2027;
(E) $110,000,000 for ex-offender activities, under
the authority of section 169 of the WIOA, which shall
be available for the period April 1, 2026 through June
30, 2027: Provided, That of this amount, $30,000,000
shall be for competitive grants to national and
regional intermediaries for activities that prepare for
employment young adults with criminal legal histories,
young adults who have been justice system-involved, or
young adults who have dropped out of school or other
educational programs, with a priority for projects
serving high-crime, high-poverty areas;
(F) $6,000,000 for the Workforce Data Quality
Initiative, under the authority of section 169 of the
WIOA, which shall be available for the period July 1,
2026 through June 30, 2027;
(G) $285,000,000 to expand opportunities through
apprenticeships only registered under the National
Apprenticeship Act and as referred to in section
3(7)(B) of the WIOA, to be available to the Secretary
to carry out activities through grants, cooperative
agreements, contracts and other arrangements, with
States and other appropriate entities, including equity
intermediaries and business and labor industry partner
intermediaries, which shall be available for the period
July 1, 2026 through June 30, 2027; and
(H) $95,501,000 for carrying out Demonstration and
Pilot projects under section 169(c) of the WIOA, which
shall be available for the period April 1, 2026 through
June 30, 2027, in addition to funds available for such
activities under subparagraph (A) for the projects, and
in the amounts, specified in the table titled
``Community Project Funding/Congressionally Directed
Spending'' included in the explanatory statement
described in section 4 (in the matter preceding
division A of this consolidated Act): Provided, That
such funds may be used for projects that are related to
the employment and training needs of dislocated
workers, other adults, or youth: Provided further,
That the 10 percent funding limitation under such
section of the WIOA shall not apply to such funds:
Provided further, That section 169(b)(6)(C) of the WIOA
shall not apply to such funds: Provided further, That
sections 102 and 107 of this Act shall not apply to
such funds.
job corps
(including transfer of funds)
To carry out subtitle C of title I of the WIOA, including Federal
administrative expenses, the purchase and hire of passenger motor
vehicles, the construction, alteration, and repairs of buildings and
other facilities, and the purchase of real property for training
centers as authorized by the WIOA, $1,760,155,000, plus reimbursements,
as follows:
(1) $1,603,325,000 for Job Corps Operations, which shall be
available for the period July 1, 2026 through June 30, 2027;
(2) $123,000,000 for construction, rehabilitation and
acquisition of Job Corps Centers, which shall be available for
the period July 1, 2026 through June 30, 2029, and which may
include the acquisition, maintenance, and repair of major items
of equipment: Provided, That the Secretary may transfer up to
15 percent of such funds to meet the operational needs of such
centers or to achieve administrative efficiencies: Provided
further, That any funds transferred pursuant to the preceding
proviso shall not be available for obligation after June 30,
2027: Provided further, That the Committees on Appropriations
of the House of Representatives and the Senate are notified at
least 15 days in advance of any transfer; and
(3) $33,830,000 for necessary expenses of Job Corps, which
shall be available for obligation for the period October 1,
2025 through September 30, 2026:
Provided, That no funds from any other appropriation shall be used to
provide meal services at or for Job Corps Centers.
community service employment for older americans
To carry out title V of the Older Americans Act of 1965 (referred
to in this Act as ``OAA''), $395,000,000, which shall be available for
the period April 1, 2026 through June 30, 2027, and may be recaptured
and reobligated in accordance with section 517(c) of the OAA.
federal unemployment benefits and allowances
For payments during fiscal year 2026 of trade adjustment benefit
payments and allowances under part I of subchapter B of chapter 2 of
title II of the Trade Act of 1974, and section 246 of that Act; and for
training, employment and case management services, allowances for job
search and relocation, and related State administrative expenses under
part II of subchapter B of chapter 2 of title II of the Trade Act of
1974, and including benefit payments, allowances, training, employment
and case management services, and related State administration provided
pursuant to section 231(a) of the Trade Adjustment Assistance Extension
Act of 2011, sections 405(a) and 406 of the Trade Preferences Extension
Act of 2015, and section 285(a) of the Trade Act of 1974, as amended,
$50,300,000 together with such amounts as may be necessary to be
charged to the subsequent appropriation for payments for any period
subsequent to September 15, 2026: Provided, That notwithstanding
section 502 of this Act, any part of the appropriation provided under
this heading may remain available for obligation beyond the current
fiscal year pursuant to the authorities of section 245(c) of the Trade
Act of 1974 (19 U.S.C. 2317(c)).
state unemployment insurance and employment service operations
(including transfer of funds)
For authorized administrative expenses, $74,306,000, together with
not to exceed $4,000,584,000 which may be expended from the Employment
Security Administration Account in the Unemployment Trust Fund (``the
Trust Fund''), of which--
(1) $3,226,635,000 from the Trust Fund is for grants to
States for the administration of State unemployment insurance
laws as authorized under title III of the Social Security Act
(including not less than $467,000,000 to carry out reemployment
services and eligibility assessments under section 306 of such
Act, any claimants of regular compensation, as defined in such
section, including those who are profiled as most likely to
exhaust their benefits, may be eligible for such services and
assessments: Provided, That of such amount, $117,000,000 is
specified for grants under section 306 of the Social Security
Act and is provided to meet the terms of a concurrent
resolution on the budget and $350,000,000 is additional new
budget authority specified for purposes of a concurrent
resolution on the budget; and $9,000,000 for continued support
of the Unemployment Insurance Integrity Center of Excellence),
the administration of unemployment insurance for Federal
employees and for ex-service members as authorized under 5
U.S.C. 8501-8523, and the administration of trade readjustment
allowances, reemployment trade adjustment assistance, and
alternative trade adjustment assistance under the Trade Act of
1974 and under section 231(a) of the Trade Adjustment
Assistance Extension Act of 2011, sections 405(a) and 406 of
the Trade Preferences Extension Act of 2015, and section 285(a)
of the Trade Act of 1974, as amended, and shall be available
for Federal obligation through December 31, 2026, except that
funds for outcome payments pursuant to section 306(f)(2) of the
Social Security Act shall be available for Federal obligation
through March 31, 2027: Provided, That notwithstanding any
other provision of law, the Secretary may recapture any funds
appropriated under this paragraph that remain unexpended by a
State after the period of expenditure for a State (but before
such funds have been returned to the Trust Fund), and such
recaptured funds shall remain available until expended for
reobligation by the Secretary to the States to carry out
automation activities related to the administration of
unemployment compensation laws: Provided further, That funds
transferred pursuant to the preceding proviso shall not be
available until 60 days after the Secretary has submitted a
plan to the Committees on Appropriations of the House of
Representatives and the Senate on the planned use of funds;
(2) $18,000,000 from the Trust Fund is for national
activities necessary to support the administration of the
Federal-State unemployment insurance system;
(3) $653,639,000 from the Trust Fund, together with
$21,413,000 from the General Fund of the Treasury, is for
grants to States in accordance with section 6 of the Wagner-
Peyser Act, and shall be available for Federal obligation for
the period July 1, 2026 through June 30, 2027;
(4) $17,500,000 from the Trust Fund is for national
activities of the Employment Service, including administration
of the work opportunity tax credit under section 51 of the
Internal Revenue Code of 1986 (including assisting States in
adopting or modernizing information technology for use in the
processing of certification requests), and the provision of
technical assistance and staff training under the Wagner-Peyser
Act;
(5) $84,810,000 from the Trust Fund is for the
administration of foreign labor certifications and related
activities under the Immigration and Nationality Act and
related laws, of which $61,528,000 shall be available for the
Federal administration of such activities, and $23,282,000
shall be available for grants to States for the administration
of such activities; and
(6) $52,893,000 from the General Fund is to provide
workforce information, national electronic tools, and one-stop
system building under the Wagner-Peyser Act and shall be
available for Federal obligation for the period July 1, 2026
through June 30, 2027, of which up to $9,800,000 may be used to
carry out research and demonstration projects related to
testing effective ways to promote greater labor force
participation of people with disabilities: Provided, That the
Secretary may transfer amounts made available for research and
demonstration projects under this paragraph to the ``Office of
Disability Employment Policy'' account for such purposes:
Provided, That to the extent that the Average Weekly Insured
Unemployment (``AWIU'') for fiscal year 2026 is projected by the
Department of Labor to exceed 3,075,000, an additional $28,600,000 from
the Trust Fund shall be available for obligation for every 100,000
increase in the AWIU level (including a pro rata amount for any
increment less than 100,000) to carry out title III of the Social
Security Act: Provided further, That funds appropriated in this Act
that are allotted to a State to carry out activities under title III of
the Social Security Act may be used by such State to assist other
States in carrying out activities under such title III if the other
States include areas that have suffered a major disaster declared by
the President under the Robert T. Stafford Disaster Relief and
Emergency Assistance Act: Provided further, That the Secretary may use
funds appropriated for grants to States under title III of the Social
Security Act to make payments on behalf of States for the use of the
National Directory of New Hires under section 453(j)(8) of such Act:
Provided further, That the Secretary may use funds appropriated for
grants to States under title III of the Social Security Act to make
payments on behalf of States to the entity operating the State
Information Data Exchange System: Provided further, That funds
appropriated in this Act which are used to establish a national one-
stop career center system, or which are used to support the national
activities of the Federal-State unemployment insurance, employment
service, or immigration programs, may be obligated in contracts,
grants, or agreements with States and non-State entities: Provided
further, That States awarded competitive grants for improved operations
under title III of the Social Security Act, or awarded grants to
support the national activities of the Federal-State unemployment
insurance system, may award subgrants to other States and non-State
entities under such grants, subject to the conditions applicable to the
grants: Provided further, That funds appropriated under this Act for
activities authorized under title III of the Social Security Act and
the Wagner-Peyser Act may be used by States to fund integrated
Unemployment Insurance and Employment Service automation efforts,
notwithstanding cost allocation principles prescribed under the final
rule entitled ``Uniform Administrative Requirements, Cost Principles,
and Audit Requirements for Federal Awards'' at part 200 of title 2,
Code of Federal Regulations: Provided further, That the Secretary, at
the request of a State participating in a consortium with other States,
may reallot funds allotted to such State under title III of the Social
Security Act to other States participating in the consortium or to the
entity operating the Unemployment Insurance Information Technology
Support Center in order to carry out activities that benefit the
administration of the unemployment compensation law of the State making
the request: Provided further, That the Secretary may collect fees for
the costs associated with additional data collection, analyses, and
reporting services relating to the National Agricultural Workers Survey
requested by State and local governments, public and private
institutions of higher education, and nonprofit organizations and may
utilize such sums, in accordance with the provisions of 29 U.S.C. 9a,
for the National Agricultural Workers Survey infrastructure,
methodology, and data to meet the information collection and reporting
needs of such entities, which shall be credited to this appropriation
and shall remain available until September 30, 2027, for such purposes.
advances to the unemployment trust fund and other funds
For repayable advances to the Unemployment Trust Fund as authorized
by sections 905(d) and 1203 of the Social Security Act, and to the
Black Lung Disability Trust Fund as authorized by section 9501(c)(1) of
the Internal Revenue Code of 1986; and for nonrepayable advances to the
revolving fund established by section 901(e) of the Social Security
Act, to the Unemployment Trust Fund as authorized by 5 U.S.C. 8509, and
to the ``Federal Unemployment Benefits and Allowances'' account, such
sums as may be necessary, which shall be available for obligation
through September 30, 2027.
program administration
For expenses of administering employment and training programs,
$104,527,000, together with not to exceed $53,906,000 which shall be
available from the Employment Security Administration Account in the
Unemployment Trust Fund.
Veterans' Employment and Training
veterans' employment and training service
Not to exceed $269,841,000 may be derived from the Employment
Security Administration account in the Unemployment Trust Fund to carry
out the provisions of chapters 41, 42, and 43 of title 38, United
States Code, of which--
(1) $185,000,000 is for Jobs for Veterans State grants
under 38 U.S.C. 4102A(b)(5) to support disabled veterans'
outreach program specialists under section 4103A of such title
and local veterans' employment representatives under section
4104(b) of such title, and for the expenses described in
section 4102A(b)(5)(C), which shall be available for
expenditure by the States through September 30, 2028, and not
to exceed 3 percent for the necessary Federal expenditures for
data systems and contract support to allow for the tracking of
participant and performance information: Provided, That, in
addition, such funds may be used to support such specialists
and representatives in the provision of services to
transitioning members of the Armed Forces who have participated
in the Transition Assistance Program and have been identified
as in need of intensive services, to members of the Armed
Forces who are wounded, ill, or injured and receiving treatment
in military treatment facilities or warrior transition units,
to the spouses or other family caregivers of such wounded, ill,
or injured members, and to surviving spouses of individuals who
died while serving as members of the Armed Forces or as a
result of a service-connected disability;
(2) $34,379,000 is for carrying out the Transition
Assistance Program under 38 U.S.C. 4113 and 10 U.S.C. 1144;
(3) $47,048,000 is for Federal administration of chapters
41, 42, and 43 of title 38, and sections 2021, 2021A and 2023
of title 38, United States Code: Provided, That up to $500,000
may be used to carry out the Hire VETS Act (division O of
Public Law 115-31); and
(4) $3,414,000 is for the National Veterans' Employment and
Training Services Institute under 38 U.S.C. 4109:
Provided, That the Secretary may reallocate among the appropriations
provided under paragraphs (1) through (4) above an amount not to exceed
3 percent of the appropriation from which such reallocation is made.
In addition, from the General Fund of the Treasury, $65,500,000 is
for carrying out programs to assist homeless veterans and veterans at
risk of homelessness who are transitioning from certain institutions
under sections 2021, 2021A, and 2023 of title 38, United States Code:
Provided, That notwithstanding subsections (c)(3) and (d) of section
2023, the Secretary may award grants through September 30, 2026, to
provide services under such section: Provided further, That services
provided under sections 2021 or under 2021A may include, in addition to
services to homeless veterans described in section 2002(a)(1), services
to veterans who were homeless at some point within the 60 days prior to
program entry or veterans who are at risk of homelessness within the
next 60 days, and that services provided under section 2023 may
include, in addition to services to the individuals described in
subsection (e) of such section, services to veterans recently released
from incarceration who are at risk of homelessness: Provided further,
That notwithstanding paragraph (3) under this heading, funds
appropriated in this paragraph may be used for data systems and
contract support to allow for the tracking of participant and
performance information: Provided further, That notwithstanding
sections 2021(e)(2) and 2021A(f)(2) of title 38, United States Code,
such funds shall be available for expenditure pursuant to 31 U.S.C.
1553.
In addition, fees may be assessed and deposited in the HIRE Vets
Medallion Award Fund pursuant to section 5(b) of the HIRE Vets Act, and
such amounts shall be available to the Secretary to carry out the HIRE
Vets Medallion Award Program, as authorized by such Act, and shall
remain available until expended: Provided, That such sums shall be in
addition to any other funds available for such purposes, including
funds available under paragraph (3) of this heading: Provided further,
That section 2(d) of division O of the Consolidated Appropriations Act,
2017 (Public Law 115-31; 38 U.S.C. 4100 note) shall not apply.
Employee Benefits Security Administration
salaries and expenses
For necessary expenses for the Employee Benefits Security
Administration, $191,100,000, of which up to $3,000,000 shall be made
available through September 30, 2027, for the procurement of expert
witnesses for enforcement litigation.
Pension Benefit Guaranty Corporation
pension benefit guaranty corporation fund
The Pension Benefit Guaranty Corporation (``Corporation'') is
authorized to make such expenditures, including financial assistance
authorized by subtitle E of title IV of the Employee Retirement Income
Security Act of 1974, within limits of funds and borrowing authority
available to the Corporation, and in accord with law, and to make such
contracts and commitments without regard to fiscal year limitations, as
provided by 31 U.S.C. 9104, as may be necessary in carrying out the
program, including associated administrative expenses, through
September 30, 2026, for the Corporation: Provided, That none of the
funds available to the Corporation for fiscal year 2026 shall be
available for obligations for administrative expenses in excess of
$494,264,000: Provided further, That to the extent that the number of
new plan participants in plans terminated by the Corporation exceeds
100,000 in fiscal year 2026, an amount not to exceed an additional
$9,200,000 shall be available through September 30, 2030, for
obligations for administrative expenses for every 20,000 additional
terminated participants: Provided further, That obligations in excess
of the amounts provided for administrative expenses in this paragraph
may be incurred and shall be available through September 30, 2030 for
obligation for unforeseen and extraordinary pre-termination or
termination expenses or extraordinary multiemployer program related
expenses after approval by the Office of Management and Budget and
notification of the Committees on Appropriations of the House of
Representatives and the Senate: Provided further, That an additional
amount shall be available for obligation through September 30, 2030 to
the extent the Corporation's costs exceed $250,000 for the provision of
credit or identity monitoring to affected individuals upon suffering a
security incident or privacy breach, not to exceed an additional $100
per affected individual.
Wage and Hour Division
salaries and expenses
For necessary expenses for the Wage and Hour Division, including
reimbursement to State, Federal, and local agencies and their employees
for inspection services rendered, $260,000,000.
Office of Labor-Management Standards
salaries and expenses
For necessary expenses for the Office of Labor-Management
Standards, $48,515,000.
Office of Federal Contract Compliance Programs
salaries and expenses
For necessary expenses for the Office of Federal Contract
Compliance Programs, $100,976,000.
Office of Workers' Compensation Programs
salaries and expenses
For necessary expenses for the Office of Workers' Compensation
Programs, $120,500,000, together with $2,205,000 which may be expended
from the Special Fund in accordance with sections 39(c), 44(d), and
44(j) of the Longshore and Harbor Workers' Compensation Act.
special benefits
(including transfer of funds)
For the payment of compensation, benefits, and expenses (except
administrative expenses not otherwise authorized) accruing during the
current or any prior fiscal year authorized by 5 U.S.C. 81;
continuation of benefits as provided for under the heading ``Civilian
War Benefits'' in the Federal Security Agency Appropriation Act, 1947;
the Employees' Compensation Commission Appropriation Act, 1944; section
5(f) of the War Claims Act (50 U.S.C. App. 2012); obligations incurred
under the War Hazards Compensation Act (42 U.S.C. 1701 et seq.); and 50
percent of the additional compensation and benefits required by section
10(h) of the Longshore and Harbor Workers' Compensation Act,
$1,298,385,000, together with such amounts as may be necessary to be
charged to the subsequent year appropriation for the payment of
compensation and other benefits for any period subsequent to August 15
of the current year, for deposit into and to assume the attributes of
the Employees' Compensation Fund established under 5 U.S.C. 8147(a):
Provided, That amounts appropriated may be used under 5 U.S.C. 8104 by
the Secretary to reimburse an employer, who is not the employer at the
time of injury, for portions of the salary of a re-employed, disabled
beneficiary: Provided further, That balances of reimbursements
unobligated on September 30, 2025, shall remain available until
expended for the payment of compensation, benefits, and expenses:
Provided further, That in addition there shall be transferred to this
appropriation from the Postal Service and from any other corporation or
instrumentality required under 5 U.S.C. 8147(c) to pay an amount for
its fair share of the cost of administration, such sums as the
Secretary determines to be the cost of administration for employees of
such fair share entities through September 30, 2026: Provided further,
That of those funds transferred to this account from the fair share
entities to pay the cost of administration of the Federal Employees'
Compensation Act, $81,808,000 shall be made available to the Secretary
as follows:
(1) For enhancement and maintenance of automated data
processing systems operations and telecommunications systems,
$27,549,000;
(2) For automated workload processing operations, including
document imaging, centralized mail intake, and medical bill
processing, $25,956,000;
(3) For periodic roll disability management and medical
review, $25,957,000;
(4) For program integrity, $2,346,000; and
(5) The remaining funds shall be paid into the Treasury as
miscellaneous receipts:
Provided further, That the Secretary may require that any person
filing a notice of injury or a claim for benefits under 5 U.S.C. 81, or
the Longshore and Harbor Workers' Compensation Act, provide as part of
such notice and claim, such identifying information (including Social
Security account number) as such regulations may prescribe.
special benefits for disabled coal miners
For carrying out title IV of the Federal Mine Safety and Health Act
of 1977, as amended by Public Law 107-275, $24,585,000, to remain
available until expended.
For making after July 31 of the current fiscal year, benefit
payments to individuals under title IV of such Act, for costs incurred
in the current fiscal year, such amounts as may be necessary.
For making benefit payments under title IV for the first quarter of
fiscal year 2027, $5,900,000, to remain available until expended.
administrative expenses, energy employees occupational illness
compensation fund
For necessary expenses to administer the Energy Employees
Occupational Illness Compensation Program Act, $68,148,000, to remain
available until expended: Provided, That the Secretary may require
that any person filing a claim for benefits under the Act provide as
part of such claim such identifying information (including Social
Security account number) as may be prescribed.
black lung disability trust fund
(including transfer of funds)
Such sums as may be necessary from the Black Lung Disability Trust
Fund (the ``Fund''), to remain available until expended, for payment of
all benefits authorized by section 9501(d)(1), (2), (6), and (7) of the
Internal Revenue Code of 1986; and repayment of, and payment of
interest on advances, as authorized by section 9501(d)(4) of that Act.
In addition, the following amounts may be expended from the Fund for
fiscal year 2026 for expenses of operation and administration of the
Black Lung Benefits program, as authorized by section 9501(d)(5): not
to exceed $50,684,000 for transfer to the Office of Workers'
Compensation Programs, ``Salaries and Expenses''; not to exceed
$39,086,000 for transfer to Departmental Management, ``Salaries and
Expenses''; not to exceed $373,000 for transfer to Departmental
Management, ``Office of Inspector General''; and not to exceed $356,000
for payments into miscellaneous receipts for the expenses of the
Department of the Treasury.
Occupational Safety and Health Administration
salaries and expenses
For necessary expenses for the Occupational Safety and Health
Administration, $629,309,000, including not to exceed $120,000,000
which shall be the maximum amount available for grants to States under
section 23(g) of the Occupational Safety and Health Act (the ``Act''),
which grants shall be no less than 50 percent of the costs of State
occupational safety and health programs required to be incurred under
plans approved by the Secretary under section 18 of the Act; and, in
addition, notwithstanding 31 U.S.C. 3302, the Occupational Safety and
Health Administration may retain up to $499,000 per fiscal year of
training institute course tuition and fees, otherwise authorized by law
to be collected, and may utilize such sums for occupational safety and
health training and education: Provided, That notwithstanding 31
U.S.C. 3302, the Secretary is authorized, during the fiscal year ending
September 30, 2026, to collect and retain fees for services provided to
Nationally Recognized Testing Laboratories, and may utilize such sums,
in accordance with the provisions of 29 U.S.C. 9a, to administer
national and international laboratory recognition programs that ensure
the safety of equipment and products used by workers in the workplace:
Provided further, That none of the funds appropriated under this
paragraph shall be obligated or expended to prescribe, issue,
administer, or enforce any standard, rule, regulation, or order under
the Act which is applicable to any person who is engaged in a farming
operation which does not maintain a temporary labor camp and employs 10
or fewer employees: Provided further, That no funds appropriated under
this paragraph shall be obligated or expended to administer or enforce
any standard, rule, regulation, or order under the Act with respect to
any employer of 10 or fewer employees who is included within a category
having a Days Away, Restricted, or Transferred (``DART'') occupational
injury and illness rate, at the most precise industrial classification
code for which such data are published, less than the national average
rate as such rates are most recently published by the Secretary, acting
through the Bureau of Labor Statistics, in accordance with section 24
of the Act, except--
(1) to provide, as authorized by the Act, consultation,
technical assistance, educational and training services, and to
conduct surveys and studies;
(2) to conduct an inspection or investigation in response
to an employee complaint, to issue a citation for violations
found during such inspection, and to assess a penalty for
violations which are not corrected within a reasonable
abatement period and for any willful violations found;
(3) to take any action authorized by the Act with respect
to imminent dangers;
(4) to take any action authorized by the Act with respect
to health hazards;
(5) to take any action authorized by the Act with respect
to a report of an employment accident which is fatal to one or
more employees or which results in hospitalization of two or
more employees, and to take any action pursuant to such
investigation authorized by the Act; and
(6) to take any action authorized by the Act with respect
to complaints of discrimination against employees for
exercising rights under the Act:
Provided further, That the foregoing proviso shall not apply to any
person who is engaged in a farming operation which does not maintain a
temporary labor camp and employs 10 or fewer employees: Provided
further, That $12,787,000 shall be available for Susan Harwood training
grants: Provided further, That $243,000,000 shall be for Federal
Enforcement: Provided further, That not less than $3,500,000 shall be
for Voluntary Protection Programs.
Mine Safety and Health Administration
salaries and expenses
For necessary expenses for the Mine Safety and Health
Administration, $387,816,000, including purchase and bestowal of
certificates and trophies in connection with mine rescue and first-aid
work, and the hire of passenger motor vehicles, including up to
$2,000,000 for mine rescue and recovery activities and not less than
$10,537,000 for State assistance grants: Provided, That
notwithstanding 31 U.S.C. 3302, not to exceed $750,000 may be collected
by the National Mine Health and Safety Academy for room, board,
tuition, and the sale of training materials, otherwise authorized by
law to be collected, to be available for mine safety and health
education and training activities: Provided further, That
notwithstanding 31 U.S.C. 3302, the Mine Safety and Health
Administration is authorized to collect and retain up to $2,499,000
from fees collected for the approval and certification of equipment,
materials, and explosives for use in mines, and may utilize such sums
for such activities: Provided further, That the Secretary is
authorized to accept lands, buildings, equipment, and other
contributions from public and private sources and to prosecute projects
in cooperation with other agencies, Federal, State, or private:
Provided further, That the Mine Safety and Health Administration is
authorized to promote health and safety education and training in the
mining community through cooperative programs with States, industry,
and safety associations: Provided further, That the Secretary is
authorized to recognize the Joseph A. Holmes Safety Association as a
principal safety association and, notwithstanding any other provision
of law, may provide funds and, with or without reimbursement,
personnel, including service of Mine Safety and Health Administration
officials as officers in local chapters or in the national
organization: Provided further, That any funds available to the
Department of Labor may be used, with the approval of the Secretary, to
provide for the costs of mine rescue and survival operations in the
event of a major disaster.
Bureau of Labor Statistics
salaries and expenses
For necessary expenses for the Bureau of Labor Statistics,
including advances or reimbursements to State, Federal, and local
agencies and their employees for services rendered, $640,500,000,
together with not to exceed $68,000,000 which may be expended from the
Employment Security Administration account in the Unemployment Trust
Fund.
Office of Disability Employment Policy
salaries and expenses
(including transfer of funds)
For necessary expenses for the Office of Disability Employment
Policy to provide leadership, develop policy and initiatives, and award
grants furthering the objective of eliminating barriers to the training
and employment of people with disabilities, $43,000,000, of which not
less than $9,000,000 shall be for research and demonstration projects
related to testing effective ways to promote greater labor force
participation of people with disabilities: Provided, That the
Secretary may transfer amounts made available under this heading for
research and demonstration projects to the ``State Unemployment
Insurance and Employment Service Operations'' account for such
purposes.
Departmental Management
salaries and expenses
(including transfer of funds)
For necessary expenses for Departmental Management, including the
hire of three passenger motor vehicles, $362,877,000, together with not
to exceed $308,000, which may be expended from the Employment Security
Administration account in the Unemployment Trust Fund: Provided, That
$116,125,000 shall be for the Bureau of International Labor Affairs, of
which $81,725,000 shall be available for obligation through December
31, 2026: Provided further, That funds available to the Bureau of
International Labor Affairs may be used to administer or operate
international labor activities, bilateral and multilateral technical
assistance, and microfinance programs, by or through contracts, grants,
subgrants and other arrangements: Provided further, That not less than
$30,175,000 shall be for programs to combat exploitative child labor
internationally and not less than $30,175,000 shall be used to
implement model programs that address worker rights issues through
technical assistance in countries with which the United States has free
trade agreements or trade preference programs: Provided further, That
$4,281,000 shall be used for program evaluation and shall be available
for obligation through September 30, 2027: Provided further, That
funds available for program evaluation may be used to administer grants
for the purpose of evaluation: Provided further, That grants made for
the purpose of evaluation shall be awarded through fair and open
competition: Provided further, That funds available for program
evaluation may be transferred to any other appropriate account in the
Department for such purpose: Provided further, That the Committees on
Appropriations of the House of Representatives and the Senate are
notified at least 15 days in advance of any transfer: Provided
further, That $23,000,000 shall be for the Women's Bureau and may be
used for grants to serve and promote the interests of women in the
workforce: Provided further, That of the amounts made available to the
Women's Bureau, not less than $5,000,000 shall be used for grants
authorized by the Women in Apprenticeship and Nontraditional
Occupations Act: Provided further, That the Department of Labor shall
support staffing levels necessary to fulfill its statutory
responsibilities including carrying out programs, projects, and
activities funded in this title of this Act in a timely manner.
it modernization
For necessary expenses for Department of Labor centralized
infrastructure technology investment activities related to support
systems and modernization, $6,889,000, which shall be available through
September 30, 2027.
office of inspector general
For salaries and expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$91,187,000, together with not to exceed $5,841,000 which may be
expended from the Employment Security Administration account in the
Unemployment Trust Fund: Provided, That not more than $2,000,000 of
the amount provided under this heading may be available until expended.
General Provisions
Sec. 101. None of the funds appropriated by this Act for the Job
Corps shall be used to pay the salary and bonuses of an individual,
either as direct costs or any proration as an indirect cost, at a rate
in excess of Executive Level II.
(transfer of funds)
Sec. 102. Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control Act of
1985) which are appropriated for the current fiscal year for the
Department of Labor in this Act may be transferred between a program,
project, or activity, but no such program, project, or activity shall
be increased by more than 3 percent by any such transfer: Provided,
That the transfer authority granted by this section shall not be used
to create any new program or to fund any project or activity for which
no funds are provided in this Act: Provided further, That the
Committees on Appropriations of the House of Representatives and the
Senate are notified at least 15 days in advance of any transfer.
Sec. 103. In accordance with Executive Order 13126, none of the
funds appropriated or otherwise made available pursuant to this Act
shall be obligated or expended for the procurement of goods mined,
produced, manufactured, or harvested or services rendered, in whole or
in part, by forced or indentured child labor in industries and host
countries already identified by the United States Department of Labor
prior to enactment of this Act.
Sec. 104. Except as otherwise provided in this section, none of
the funds made available to the Department of Labor for grants under
section 414(c) of the American Competitiveness and Workforce
Improvement Act of 1998 (29 U.S.C. 2916a) may be used for any purpose
other than competitive grants for training individuals who are older
than 16 years of age and are not currently enrolled in school within a
local educational agency in the occupations and industries for which
employers are using H-1B visas to hire foreign workers, and the related
activities necessary to support such training.
Sec. 105. None of the funds made available by this Act under the
heading ``Employment and Training Administration'' shall be used by a
recipient or subrecipient of such funds to pay the salary and bonuses
of an individual, either as direct costs or indirect costs, at a rate
in excess of Executive Level II. This limitation shall not apply to
vendors providing goods and services as defined in Office of Management
and Budget Circular A-133. Where States are recipients of such funds,
States may establish a lower limit for salaries and bonuses of those
receiving salaries and bonuses from subrecipients of such funds, taking
into account factors including the relative cost-of-living in the
State, the compensation levels for comparable State or local government
employees, and the size of the organizations that administer Federal
programs involved including Employment and Training Administration
programs.
(transfer of funds)
Sec. 106. (a) Notwithstanding section 102, the Secretary may
transfer funds made available to the Employment and Training
Administration by this Act, either directly or through a set-aside, for
technical assistance services to grantees to ``Program Administration''
when it is determined that those services will be more efficiently
performed by Federal employees: Provided, That this section shall not
apply to section 171 of the WIOA.
b
Notwithstanding section 102, the Secretary may transfer not
more than 0.5 percent of each discretionary appropriation made
available to the Employment and Training Administration by this Act to
``Program Administration'' in order to carry out program integrity
activities relating to any of the programs or activities that are
funded under any such discretionary appropriations: Provided, That
notwithstanding section 102 and the preceding proviso, the Secretary
may transfer not more than 0.5 percent of funds made available in
paragraphs (1) and (2) of the ``Office of Job Corps'' account to
paragraph (3) of such account to carry out program integrity activities
related to the Job Corps program: Provided further, That funds
transferred under this subsection shall be available to the Secretary
to carry out program integrity activities directly or through grants,
cooperative agreements, contracts and other arrangements with States
and other appropriate entities: Provided further, That funds
transferred under the authority provided by this subsection shall be
available for obligation through September 30, 2027.
(transfer of funds)
Sec. 107. (a) The Secretary may reserve not more than 0.75 percent
from each appropriation made available in this Act identified in
subsection (b) in order to carry out evaluations of any of the programs
or activities that are funded under such accounts. Any funds reserved
under this section shall be transferred to ``Departmental Management''
for use by the Office of the Chief Evaluation Officer within the
Department of Labor, and shall be available for obligation through
September 30, 2027: Provided, That such funds shall only be available
if the Chief Evaluation Officer of the Department of Labor submits a
plan to the Committees on Appropriations of the House of
Representatives and the Senate describing the evaluations to be carried
out 15 days in advance of any transfer.
b
The accounts referred to in subsection (a) are: ``Training and
Employment Services'', ``Job Corps'', ``Community Service Employment
for Older Americans'', ``State Unemployment Insurance and Employment
Service Operations'', ``Employee Benefits Security Administration'',
``Office of Workers' Compensation Programs'', ``Wage and Hour
Division'', ``Office of Federal Contract Compliance Programs'',
``Office of Labor Management Standards'', ``Occupational Safety and
Health Administration'', ``Mine Safety and Health Administration'',
``Office of Disability Employment Policy'', funding made available to
the ``Bureau of International Labor Affairs'' and ``Women's Bureau''
within the ``Departmental Management, Salaries and Expenses'' account,
and ``Veterans' Employment and Training''.
Sec. 108. (a) Section 7 of the Fair Labor Standards Act of 1938 (29
U.S.C. 207) shall be applied as if the following text is part of such
section:
``(s)(1) The provisions of this section shall not apply for a
period of 2 years after the occurrence of a major disaster to any
employee--
``(A) employed to adjust or evaluate claims resulting from
or relating to such major disaster, by an employer not engaged,
directly or through an affiliate, in underwriting, selling, or
marketing property, casualty, or liability insurance policies
or contracts;
``(B) who receives from such employer on average weekly
compensation of not less than $591.00 per week or any minimum
weekly amount established by the Secretary, whichever is
greater, for the number of weeks such employee is engaged in
any of the activities described in subparagraph (C); and
``(C) whose duties include any of the following:
``(i) interviewing insured individuals, individuals
who suffered injuries or other damages or losses
arising from or relating to a disaster, witnesses, or
physicians;
``(ii) inspecting property damage or reviewing
factual information to prepare damage estimates;
``(iii) evaluating and making recommendations
regarding coverage or compensability of claims or
determining liability or value aspects of claims;
``(iv) negotiating settlements; or
``(v) making recommendations regarding litigation.
``(2) The exemption in this subsection shall not affect the
exemption provided by section 13(a)(1).
``(3) For purposes of this subsection--
``(A) the term `major disaster' means any disaster or
catastrophe declared or designated by any State or Federal
agency or department;
``(B) the term `employee employed to adjust or evaluate
claims resulting from or relating to such major disaster' means
an individual who timely secured or secures a license required
by applicable law to engage in and perform the activities
described in clauses (i) through (v) of paragraph (1)(C)
relating to a major disaster, and is employed by an employer
that maintains worker compensation insurance coverage or
protection for its employees, if required by applicable law,
and withholds applicable Federal, State, and local income and
payroll taxes from the wages, salaries and any benefits of such
employees; and
``(C) the term `affiliate' means a company that, by reason
of ownership or control of 25 percent or more of the
outstanding shares of any class of voting securities of one or
more companies, directly or indirectly, controls, is controlled
by, or is under common control with, another company.''.
b
This section shall be effective on the date of enactment of
this Act.
Sec. 109. (a) Flexibility With Respect to the Crossing of H-2B
Nonimmigrants Working in the Seafood Industry.--
(1) In general.--Subject to paragraph (2), if a petition
for H-2B nonimmigrants filed by an employer in the seafood
industry is granted, the employer may bring the nonimmigrants
described in the petition into the United States at any time
during the 120-day period beginning on the start date for which
the employer is seeking the services of the nonimmigrants
without filing another petition.
(2) Requirements for crossings after 90th day.--An employer
in the seafood industry may not bring H-2B nonimmigrants into
the United States after the date that is 90 days after the
start date for which the employer is seeking the services of
the nonimmigrants unless the employer--
(A) completes a new assessment of the local labor
market by--
i
listing job orders in local newspapers
on 2 separate Sundays; and
(ii) posting the job opportunity on the
appropriate Department of Labor Electronic Job
Registry and at the employer's place of
employment; and
(B) offers the job to an equally or better
qualified United States worker who--
i
applies for the job; and
(ii) will be available at the time and
place of need.
(3) Exemption from rules with respect to staggering.--The
Secretary of Labor shall not consider an employer in the
seafood industry who brings H-2B nonimmigrants into the United
States during the 120-day period specified in paragraph (1) to
be staggering the date of need in violation of section
655.20(d) of title 20, Code of Federal Regulations, or any
other applicable provision of law.
b
H-2B Nonimmigrants Defined.--In this section, the term ``H-2B
nonimmigrants'' means aliens admitted to the United States pursuant to
section 101(a)(15)(H)(ii)(B) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(15)(H)(ii)(B)).
Sec. 110. The determination of prevailing wage for the purposes of
the H-2B program shall be the greater of--(1) the actual wage level
paid by the employer to other employees with similar experience and
qualifications for such position in the same location; or (2) the
prevailing wage level for the occupational classification of the
position in the geographic area in which the H-2B nonimmigrant will be
employed, based on the best information available at the time of filing
the petition. In the determination of prevailing wage for the purposes
of the H-2B program, the Secretary shall accept private wage surveys
even in instances where Occupational Employment Statistics survey data
are available unless the Secretary determines that the methodology and
data in the provided survey are not statistically supported.
Sec. 111. None of the funds in this Act shall be used to enforce
the definition of corresponding employment found in 20 CFR 655.5 or the
three-fourths guarantee rule definition found in 20 CFR 655.20, or any
references thereto. Further, for the purpose of regulating admission of
temporary workers under the H-2B program, the definition of temporary
need shall be that provided in 8 CFR 214.2(h)(6)(ii)(B).
Sec. 112. Notwithstanding any other provision of law, the
Secretary may furnish through grants, cooperative agreements,
contracts, and other arrangements, up to $450,000 of excess personal
property, at a value determined by the Secretary, to apprenticeship
programs for the purpose of training apprentices in those programs.
Sec. 113. (a) The Act entitled ``An Act to create a Department of
Labor'', approved March 4, 1913 (37 Stat. 736, chapter 141) is amended
by adding at the end the following new section:
``(a) In General.--The Secretary of Labor is authorized to employ
law enforcement officers or special agents to--
``(1) provide protection for the Secretary of Labor during
the workday of the Secretary and during any activity that is
preliminary or postliminary to the performance of official
duties by the Secretary;
``(2) provide protection, incidental to the protection
provided to the Secretary, to a member of the immediate family
of the Secretary who is participating in an activity or event
relating to the official duties of the Secretary;
``(3) provide continuous protection to the Secretary
(including during periods not described in paragraph (1)) and
to the members of the immediate family of the Secretary if
there is a unique and articulable threat of physical harm, in
accordance with guidelines established by the Secretary; and
``(4) provide protection to the Deputy Secretary of Labor
or another senior officer representing the Secretary of Labor
at a public event if there is a unique and articulable threat
of physical harm, in accordance with guidelines established by
the Secretary.
``(b) Authorities.--The Secretary of Labor may authorize a law
enforcement officer or special agent employed under subsection (a), for
the purpose of performing the duties authorized under subsection (a),
to--
``(1) carry firearms;
``(2) make arrests without a warrant for any offense
against the United States committed in the presence of such
officer or special agent;
``(3) perform protective intelligence work, including
identifying and mitigating potential threats and conducting
advance work to review security matters relating to sites and
events;
``(4) coordinate with local law enforcement agencies; and
``(5) initiate criminal and other investigations into
potential threats to the security of the Secretary, in
coordination with the Inspector General of the Department of
Labor.
``(c) Compliance With Guidelines.--A law enforcement officer or
special agent employed under subsection (a) shall exercise any
authority provided under this section in accordance with any--
``(1) guidelines issued by the Attorney General; and
``(2) guidelines prescribed by the Secretary of Labor.''.
b
This section shall be effective on the date of enactment of
this Act.
Sec. 114. The Secretary is authorized to dispose of or divest, by
any means the Secretary determines appropriate, including an agreement
or partnership to construct a new Job Corps center, all or a portion of
the real property on which the Treasure Island Job Corps Center and the
Gary Job Corps Center are situated. Any sale or other disposition, to
include any associated construction project, will not be subject to any
requirement of any Federal law or regulation relating to the
disposition of Federal real property or relating to Federal
procurement, including but not limited to subchapter III of chapter 5
of title 40 of the United States Code, subchapter V of chapter 119 of
title 42 of the United States Code, and chapter 33 of division C of
subtitle I of title 41 of the United States Code. The net proceeds of
such a sale shall be transferred to the Secretary, which shall be
available until expended for such project to carry out the Job Corps
Program on Treasure Island and the Job Corps Program in and around San
Marcos, Texas, respectively.
Sec. 115. None of the funds made available by this Act may be used
to--
(1) alter or terminate the Interagency Agreement between
the United States Department of Labor and the United States
Department of Agriculture;
(2) close any of the Civilian Conservation Centers, except
if such closure is necessary to prevent the endangerment of the
health and safety of the students, the capacity of the program
is retained, and the requirements of section 159(j) of the WIOA
are met; or
(3) close any Job Corps Centers, except if such closure
meets the criterion entitled ``Long-Term Center Performance''
or the criterion entitled ``Evaluation of Continuing Center
Operations'' established by 81 FR 12529, the capacity of the
program is retained, and the requirements of section 159(j) of
the WIOA are met.
(rescission)
Sec. 116. Of the unobligated funds available under section
286(s)(2) of the Immigration and Nationality Act (8 U.S.C. 1356(s)(2)),
$206,000,000 are hereby permanently rescinded not later than September
30, 2026.
This title may be cited as the ``Department of Labor Appropriations
Act, 2026''.
TITLE II
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Health Resources and Services Administration
primary health care
For carrying out titles II and III of the Public Health Service Act
(referred to in this Act as the ``PHS Act'') with respect to primary
health care and the Native Hawaiian Health Care Act of 1988,
$1,858,772,000: Provided, That no more than $1,000,000 shall be
available until expended for carrying out the provisions of section
224(o) of the PHS Act: Provided further, That no more than
$120,000,000 shall be available until expended for carrying out
subsections (g) through (n) and (q) of section 224 of the PHS Act, and
for expenses incurred by the Department of Health and Human Services
(referred to in this Act as ``HHS'') pertaining to administrative
claims made under such law.
health workforce
For carrying out titles III, VII, and VIII of the PHS Act with
respect to the health workforce, sections 1128E and 1921 of the Social
Security Act, and the Health Care Quality Improvement Act of 1986,
$1,413,776,000, which shall be for the purposes and in the amounts
specified in the ``Final Bill'' column for Health Workforce in the
``Departments of Labor, Health and Human Services, Education, and
Related Agencies Appropriations Act, 2026'' table in the explanatory
statement described in section 4 (in the matter preceding division A of
this consolidated Act): Provided, That section 751(j)(2) of the PHS
Act and the proportional funding amounts in paragraphs (1) through (4)
of section 756(f) of the PHS Act shall not apply to funds made
available under this heading: Provided further, That for any program
operating under section 751 of the PHS Act on or before January 1,
2009, the Secretary of Health and Human Services (referred to in this
title as the ``Secretary'') may hereafter waive any of the requirements
contained in sections 751(d)(2)(A) and 751(d)(2)(B) of such Act for the
full project period of a grant under such section: Provided further,
That section 756(c) of the PHS Act shall apply to paragraphs (1)
through (4) of section 756(a) of such Act: Provided further, That no
funds shall be available for section 340G-1 of the PHS Act: Provided
further, That fees collected for the disclosure of information under
section 427(b) of the Health Care Quality Improvement Act of 1986 and
sections 1128E(d)(2) and 1921 of the Social Security Act shall be
sufficient to recover the full costs of operating the programs
authorized by such sections and shall remain available until expended
for the National Practitioner Data Bank: Provided further, That funds
transferred to this account to carry out section 846 and subpart 3 of
part D of title III of the PHS Act may be used to make prior year
adjustments to awards made under such section and subpart: Provided
further, That amounts made available for the National Health Service
Corps (``NHSC'') shall remain available until expended for the purposes
of providing primary health services, assigning NHSC participants to
expand the delivery of substance use disorder treatment services,
notwithstanding the assignment priorities and limitations under
sections 333(a)(1)(D), 333(b), and 333A(a)(1)(B)(ii) of the PHS Act,
and making payments under the NHSC Loan Repayment Program under section
338B of such Act: Provided further, That, within the amount made
available for the NHSC, not less than 13 percent shall remain available
until expended for the purposes of making payments under the NHSC Loan
Repayment Program under section 338B of the PHS Act to individuals
participating in such program who provide primary health services in
Indian Health Service facilities, Tribally-Operated 638 Health
Programs, and Urban Indian Health Programs (as those terms are defined
by the Secretary), notwithstanding the assignment priorities and
limitations under section 333(b) of the PHS Act, and $8,000,000 shall
remain available until expended for payments to individuals
participating in such program who provide primary health services in
Maternity Care Health Professional Target Areas, as determined by the
Secretary, notwithstanding the assignment priorities and limitations
under section 333(b) of such Act: Provided further, That for purposes
of the previous two provisos, section 331(a)(3)(D) of the PHS Act shall
be applied as if the term ``primary health services'' includes clinical
substance use disorder treatment services, including those provided by
masters level, licensed substance use disorder treatment counselors:
Provided further, That amounts made available for the Nurse
Practitioner Optional Fellowship Program shall be available to make
grants to establish, expand, or maintain optional community-based nurse
practitioner fellowship programs that are accredited or in the
accreditation process, with a preference for those in Federally
Qualified Health Centers, for practicing postgraduate nurse
practitioners in primary care or behavioral health: Provided further,
That amounts made available for Pediatric Specialty Loan Repayment
shall remain available until expended for activities under section 775
of the PHS Act: Provided further, That the United States may recover
liquidated damages in an amount determined by the formula under section
338E(c)(1) of the PHS Act if an individual either fails to begin or
complete the service obligated by a contract under section 775(b) of
the PHS Act: Provided further, That for purposes of section 775(c)(1)
of the PHS Act, the Secretary may include other mental and behavioral
health disciplines as the Secretary deems appropriate: Provided
further, That the Secretary may terminate a contract entered into under
section 775 of the PHS Act in the same manner articulated in section
206 of this title for fiscal year 2026 contracts entered into under
section 338B of the PHS Act.
Amounts made available for Medical Student Education shall remain
available until expended for grants to public institutions of higher
education to expand or support graduate education for physicians
provided by such institutions, including funding for infrastructure
development, maintenance, equipment, and minor renovations or
alterations: Provided, That, in awarding such grants, the Secretary
shall give priority to public institutions of higher education located
in States with a projected primary care provider shortage, as
determined by the Secretary: Provided further, That grants so awarded
are limited to such public institutions of higher education in States
in the top quartile of States with a projected primary care provider
shortage, as determined by the Secretary: Provided further, That the
minimum amount of a grant so awarded to such an institution shall be
not less than $1,000,000 per year: Provided further, That such a grant
may be awarded for a period not to exceed 5 years: Provided further,
That such a grant awarded with respect to a year to such an institution
shall be subject to a matching requirement of non-Federal funds in an
amount that is not more than 10 percent of the total amount of Federal
funds provided in the grant to such institution with respect to such
year.
maternal and child health
For carrying out titles III, XI, XII, and XIX of the PHS Act with
respect to maternal and child health and title V of the Social Security
Act, $1,181,680,000, which shall be for the purposes and in the amounts
specified in the ``Final Bill'' column for Maternal and Child Health in
the ``Departments of Labor, Health and Human Services, Education, and
Related Agencies Appropriations Act, 2026'' table in the explanatory
statement described in section 4 (in the matter preceding division A of
this consolidated Act): Provided, That notwithstanding sections
502(a)(1) and 502(b)(1) of the Social Security Act, amounts made
available for Special Projects of Regional and National Significance
shall be available for carrying out special projects of regional and
national significance pursuant to section 501(a)(2) of such Act and
$10,276,000 shall be available for projects described in subparagraphs
(A) through (F) of section 501(a)(3) of such Act, and the budget
activities specified in the table under this heading in the explanatory
statement described in section 4 (in the matter preceding division A of
this consolidated Act) shall be funded in the amounts specified in such
table.
ryan white hiv/aids program
For carrying out title XXVI of the PHS Act with respect to the Ryan
White HIV/AIDS program, $2,571,041,000, which shall be for the purposes
and in the amounts specified in the ``Final Bill'' column for Ryan
White HIV/AIDS Program in the ``Departments of Labor, Health and Human
Services, Education, and Related Agencies Appropriations Act, 2026''
table in the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act), of which the
amounts made available for Emergency Assistance (Part A) and
Comprehensive Care Programs (Part B) shall remain available to the
Secretary through September 30, 2028, for parts A and B of title XXVI
of the PHS Act, and of which the amounts made available for the AIDS
Drug Assistance Program (ADAP) shall be for State AIDS Drug Assistance
Programs under the authority of section 2616 or 311(c) of such Act; and
of which the amounts made available for Ending the HIV/AIDS Epidemic
Initiative shall remain available until expended and shall be available
to the Secretary for carrying out a program of grants and contracts
under title XXVI or section 311(c) of such Act focused on ending the
nationwide HIV/AIDS epidemic, with any grants issued under such section
311(c) administered in conjunction with title XXVI of the PHS Act,
including the limitation on administrative expenses.
health systems
For carrying out titles III and XII of the PHS Act with respect to
health care systems, and the Stem Cell Therapeutic and Research Act of
2005, $127,009,000, of which $122,000 shall be available until expended
for facility renovations and other facilities-related expenses of the
Hansen's Disease Program: Provided, That during the period covered by
this Act, the Secretary of Health and Human Services may collect
registration fees from members of the Organ Procurement and
Transplantation Network (in this title referred to as ``OPTN''),
authorized under section 372 of the PHS Act, for each transplant
candidate such members place on the list described in subsection
b
(2)(A)(i) of such section, including directly or through awards made
under subsection (b)(1)(A) of such section: Provided further, That
such fees may be credited to this account, to remain available until
expended, to support the operation of the OPTN: Provided further, That
the Secretary may distribute fees collected pursuant to the first
proviso under this heading among the awardee or awardees described in
subsection (b)(1)(A) of section 372 of the PHS Act as the Secretary
determines appropriate.
rural health
For carrying out titles III and IV of the PHS Act with respect to
rural health, section 427(a) of the Federal Coal Mine Health and Safety
Act of 1969, and sections 711 and 1820 of the Social Security Act,
$392,907,000, which shall be for the purposes and in the amounts
specified, other than for ``Rural Hospital Provider Assistance
Program'', in the ``Final Bill'' column for Rural Health in the
``Departments of Labor, Health and Human Services, Education, and
Related Agencies Appropriations Act, 2026'' table in the explanatory
statement described in section 4 (in the matter preceding division A of
this consolidated Act), of which the amounts made available for Rural
Hospital Flexibility Grants shall come from general revenues,
notwithstanding section 1820(j) of the Social Security Act: Provided,
That of the funds made available under this paragraph for Rural
Hospital Flexibility Grants, up to $22,942,000 shall be available for
the Small Rural Hospital Improvement Program for quality improvement
and adoption of health information technology, no less than $5,000,000
shall be available to award grants to public or non-profit private
entities for the Rural Emergency Hospital Technical Assistance Program,
and up to $1,000,000 shall be to carry out section 1820(g)(6) of the
Social Security Act, with funds provided for grants under section
1820(g)(6) available for the purchase and implementation of telehealth
services and other efforts to improve health care coordination for
rural veterans between rural providers and the Department of Veterans
Affairs: Provided further, That the amounts made available for State
Offices of Rural Health shall be available notwithstanding section
338J(k) of the PHS Act: Provided further, That the amounts for the
Rural Residency Planning and Development Program shall remain available
through September 30, 2028.
In addition to amounts otherwise available for the same purpose,
$25,000,000, for making payments to eligible hospitals for the
maintenance of health care providers: Provided, That eligible
hospitals receiving such payment shall meet the following criteria: (1)
have no more than 50 inpatient beds and (2) have an established wage
index value of less than 0.90 as determined by the Secretary of Health
and Human Services under section 1886(d)(3)(E) of the Social Security
Act (42 U.S.C. 1395ww(d)(3)(E)): Provided further, That up to 10
percent of funds made available in this paragraph may be used by
eligible hospitals for administrative expenses: Provided further, That
payment amounts to eligible hospitals shall be calculated by dividing
available funding equally among such eligible hospitals.
family planning
For carrying out the program under title X of the PHS Act to
provide for voluntary family planning projects, $286,479,000:
Provided, That amounts provided to said projects under such title shall
not be expended for abortions, that all pregnancy counseling shall be
nondirective, and that such amounts shall not be expended for any
activity (including the publication or distribution of literature) that
in any way tends to promote public support or opposition to any
legislative proposal or candidate for public office.
hrsa-wide activities and program support
For carrying out title III of the Public Health Service Act and for
cross-cutting activities and program support for activities funded in
other appropriations included in this Act for the Health Resources and
Services Administration, $1,076,181,000, of which $45,550,000 shall be
for expenses necessary for the Office for the Advancement of
Telehealth, including grants, contracts, and cooperative agreements for
the advancement of telehealth activities: Provided, That funds made
available under this heading may be used to supplement program support
funding provided under the headings ``Primary Health Care'', ``Health
Workforce'', ``Maternal and Child Health'', ``Ryan White HIV/AIDS
Program'', ``Health Systems'', and ``Rural Health'': Provided further,
That of the amount made available under this heading, $857,793,000
shall be used for the projects financing the construction and
renovation (including equipment) of health care and other facilities,
and for the projects financing one-time grants that support health-
related activities, including training and information technology, and
in the amounts specified in the table titled ``Community Project
Funding/Congressionally Directed Spending'' included for this division
in the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act): Provided further, That
none of the funds made available for projects described in the
preceding proviso shall be subject to section 241 of the PHS Act or
section 205 of this Act.
vaccine injury compensation program trust fund
For payments from the Vaccine Injury Compensation Program Trust
Fund (the ``Trust Fund''), such sums as may be necessary for claims
associated with vaccine-related injury or death with respect to
vaccines administered after September 30, 1988, pursuant to subtitle 2
of title XXI of the PHS Act, to remain available until expended:
Provided, That for necessary administrative expenses, not to exceed
$15,200,000 shall be available from the Trust Fund to the Secretary.
Centers for Disease Control and Prevention
immunization and respiratory diseases
For carrying out titles II, III, XVII, and XXI, and section 2821 of
the PHS Act, and titles II and IV of the Immigration and Nationality
Act, with respect to immunization and respiratory diseases,
$316,901,000.
hiv/aids, viral hepatitis, sexually transmitted diseases, and
tuberculosis prevention
For carrying out titles II, III, XVII, and XXIII of the PHS Act
with respect to HIV/AIDS, viral hepatitis, sexually transmitted
diseases, and tuberculosis prevention, $1,384,056,000.
emerging and zoonotic infectious diseases
For carrying out titles II, III, and XVII, and section 2821 of the
PHS Act, and titles II and IV of the Immigration and Nationality Act,
with respect to emerging and zoonotic infectious diseases,
$729,272,000: Provided, That of the amounts made available under this
heading, up to $1,000,000 from amounts made available for Quarantine
appropriations shall remain available until expended to pay for the
transportation, medical care, treatment, and other related costs of
persons quarantined or isolated under Federal or State quarantine law.
chronic disease prevention and health promotion
For carrying out titles II, III, XI, XV, XVII, and XIX of the PHS
Act with respect to chronic disease prevention and health promotion,
$983,830,000: Provided, That funds made available under this heading
may be available for making grants under section 1509 of the PHS Act
for not less than 21 States, Tribes, or Tribal organizations: Provided
further, That the proportional funding requirements under section
1503(a) of the PHS Act shall not apply to funds made available under
this heading.
birth defects, developmental disabilities, disabilities and health
For carrying out titles II, III, XI, and XVII of the PHS Act with
respect to birth defects, developmental disabilities, disabilities and
health, $205,060,000.
public health scientific services
For carrying out titles II, III, and XVII of the PHS Act with
respect to health statistics, surveillance, health informatics, and
workforce development, $724,553,000: Provided, That in addition to
amounts provided herein, $42,944,000 shall be from funds available
under section 241 of the PHS Act for health statistics.
environmental health
For carrying out titles II, III, and XVII of the PHS Act with
respect to environmental health, $191,850,000.
injury prevention and control
For carrying out titles II, III, and XVII of the PHS Act with
respect to injury prevention and control, $761,379,000.
national institute for occupational safety and health
For carrying out titles II, III, and XVII of the PHS Act, sections
101, 102, 103, 201, 202, 203, 301, and 501 of the Federal Mine Safety
and Health Act, section 13 of the Mine Improvement and New Emergency
Response Act, and sections 20, 21, and 22 of the Occupational Safety
and Health Act, with respect to occupational safety and health,
$366,800,000.
energy employees occupational illness compensation program
For necessary expenses to administer the Energy Employees
Occupational Illness Compensation Program Act, $55,358,000, to remain
available until expended: Provided, That this amount shall be
available consistent with the provision regarding administrative
expenses in section 151(b) of division B, title I of Public Law 106-
554.
global health
For carrying out titles II, III, and XVII of the PHS Act with
respect to global health, $692,843,000, of which: (1) the amounts made
available for the Global HIV/AIDS Program shall remain available
through September 30, 2027; and (2) the amounts made available for the
Global Public Health Protection shall remain available through
September 30, 2028: Provided, That funds may be used for purchase and
insurance of official motor vehicles in foreign countries.
public health preparedness and response
For carrying out titles II, III, XVII, and XXVIII of the PHS Act
with respect to public health preparedness and response, and for
expenses necessary to support activities related to countering
potential biological, nuclear, radiological, and chemical threats to
civilian populations, $913,200,000: Provided, That the Director of the
Centers for Disease Control and Prevention (referred to in this title
as ``CDC'') or the Administrator of the Agency for Toxic Substances and
Disease Registry may detail staff without reimbursement to support an
activation of the CDC Emergency Operations Center, so long as the
Director or Administrator, as applicable, provides a notice to the
Committees on Appropriations of the House of Representatives and the
Senate within 15 days of the use of this authority, a full report
within 30 days after use of this authority which includes the number of
staff and funding level broken down by the originating center and
number of days detailed, and an update of such report every 180 days
until staff are no longer on detail without reimbursement to the CDC
Emergency Operations Center.
buildings and facilities
(including transfer of funds)
For acquisition of real property, equipment, construction,
installation, demolition, and renovation of facilities, $40,000,000,
which shall remain available until expended: Provided, That funds made
available to this account in this or any prior Act that are available
for the acquisition of real property or for construction or improvement
of facilities shall be available to make improvements on non-federally
owned property, provided that any improvements that are not adjacent to
federally owned property do not exceed $2,500,000, and that the primary
benefit of such improvements accrues to CDC: Provided further, That
funds previously set-aside by CDC for repair and upgrade of the Lake
Lynn Experimental Mine and Laboratory shall be used to acquire a
replacement mine safety research facility: Provided further, That
funds made available to this account in this or any prior Act that are
available for the acquisition of real property or for construction or
improvement of facilities in conjunction with the new replacement mine
safety research facility shall be available to make improvements on
non-federally owned property, provided that any improvements that are
not adjacent to federally owned property do not exceed $5,000,000:
Provided further, That in addition, the prior year unobligated balance
of any amounts assigned to former employees in accounts of CDC made
available for Individual Learning Accounts shall be credited to and
merged with the amounts made available under this heading to support
the replacement of the mine safety research facility.
cdc-wide activities and program support
(including transfer of funds)
For carrying out titles II, III, XVII and XIX, and section 2821 of
the PHS Act and for cross-cutting activities and program support for
activities funded in other appropriations included in this Act for the
Centers for Disease Control and Prevention, $396,570,000: Provided,
That the amounts made available for Public Health Infrastructure and
Capacity appropriations shall remain available through September 30,
2027: Provided further, That paragraphs (1) through (3) of subsection
b
of section 2821 of the PHS Act shall not apply to funds
appropriated under this heading and in all other accounts of the CDC:
Provided further, That the amounts made available for Infectious
Diseases Rapid Response Reserve Fund appropriations shall remain
available until expended and shall be available to the Director of the
CDC for deposit in the Infectious Diseases Rapid Response Reserve Fund
established by section 231 of division B of Public Law 115-245:
Provided further, That funds appropriated under this heading may be
used to support a contract for the operation and maintenance of an
aircraft in direct support of activities throughout CDC to ensure the
agency is prepared to address public health preparedness emergencies:
Provided further, That employees of CDC or the Public Health Service,
both civilian and commissioned officers, detailed to States,
municipalities, or other organizations under authority of section 214
of the PHS Act, or in overseas assignments, shall be treated as non-
Federal employees for reporting purposes only and shall not be included
within any personnel ceiling applicable to the Agency, Service, or HHS
during the period of detail or assignment: Provided further, That CDC
may use up to $10,000 from amounts appropriated to CDC in this Act for
official reception and representation expenses when specifically
approved by the Director of CDC: Provided further, That in addition,
such sums as may be derived from authorized user fees, which shall be
credited to the appropriation charged with the cost thereof: Provided
further, That with respect to the previous proviso, authorized user
fees from the Vessel Sanitation Program and the Respirator
Certification Program shall be available through September 30, 2027.
National Institutes of Health
national cancer institute
For carrying out section 301 and title IV of the PHS Act with
respect to cancer, $7,352,159,000, of which up to $30,000,000 may be
used for facilities repairs and improvements at the National Cancer
Institute--Frederick Federally Funded Research and Development Center
in Frederick, Maryland.
national heart, lung, and blood institute
For carrying out section 301 and title IV of the PHS Act with
respect to cardiovascular, lung, and blood diseases, and blood and
blood products, $3,990,345,000.
national institute of dental and craniofacial research
For carrying out section 301 and title IV of the PHS Act with
respect to dental and craniofacial diseases, $525,163,000.
national institute of diabetes and digestive and kidney diseases
For carrying out section 301 and title IV of the PHS Act with
respect to diabetes and digestive and kidney disease, $2,326,721,000.
national institute of neurological disorders and stroke
For carrying out section 301 and title IV of the PHS Act with
respect to neurological disorders and stroke, $2,804,925,000.
national institute of allergy and infectious diseases
For carrying out section 301 and title IV of the PHS Act with
respect to allergy and infectious diseases, $6,585,279,000: Provided,
That not less than $270,000,000 is provided for research to develop
universal flu vaccines.
national institute of general medical sciences
For carrying out section 301 and title IV of the PHS Act with
respect to general medical sciences, $3,269,679,000, of which
$1,427,482,000 shall be from funds available under section 241 of the
PHS Act: Provided, That not less than $450,956,000 is provided for the
Institutional Development Awards program.
eunice kennedy shriver national institute of child health and human
development
For carrying out section 301 and title IV of the PHS Act with
respect to child health and human development, $1,769,078,000:
Provided, That not less than $63,400,000 is provided for the
Implementing a Maternal health and Pregnancy Outcomes Vision for
Everyone (IMPROVE) Initiative.
national eye institute
For carrying out section 301 and title IV of the PHS Act with
respect to eye diseases and visual disorders, $896,549,000.
national institute of environmental health sciences
For carrying out section 301 and title IV of the PHS Act with
respect to environmental health sciences, $913,979,000.
national institute on aging
For carrying out section 301 and title IV of the PHS Act with
respect to aging, $4,517,623,000.
national institute of arthritis and musculoskeletal and skin diseases
For carrying out section 301 and title IV of the PHS Act with
respect to arthritis and musculoskeletal and skin diseases,
$685,465,000.
national institute on deafness and other communication disorders
For carrying out section 301 and title IV of the PHS Act with
respect to deafness and other communication disorders, $534,333,000.
national institute of nursing research
For carrying out section 301 and title IV of the PHS Act with
respect to nursing research, $197,693,000.
national institute on alcohol abuse and alcoholism
For carrying out section 301 and title IV of the PHS Act with
respect to alcohol abuse and alcoholism, $595,318,000.
national institute on drug abuse
For carrying out section 301 and title IV of the PHS Act with
respect to drug abuse, $1,662,695,000.
national institute of mental health
For carrying out section 301 and title IV of the PHS Act with
respect to mental health, $2,189,843,000.
national human genome research institute
For carrying out section 301 and title IV of the PHS Act with
respect to human genome research, $663,200,000.
national institute of biomedical imaging and bioengineering
For carrying out section 301 and title IV of the PHS Act with
respect to biomedical imaging and bioengineering research,
$440,627,000.
national center for complementary and integrative health
For carrying out section 301 and title IV of the PHS Act with
respect to complementary and integrative health, $170,384,000.
national institute on minority health and health disparities
For carrying out section 301 and title IV of the PHS Act with
respect to minority health and health disparities research,
$538,395,000.
john e. fogarty international center
For carrying out the activities of the John E. Fogarty
International Center (described in subpart 2 of part E of title IV of
the PHS Act), $95,162,000.
national library of medicine
For carrying out section 301 and title IV of the PHS Act with
respect to health information communications, $497,548,000: Provided,
That of the amounts available for improvement of information systems,
$4,000,000 shall be available until September 30, 2027: Provided
further, That in this fiscal year, the National Library of Medicine may
enter into personal services contracts for the provision of services in
facilities owned, operated, or constructed under the jurisdiction of
the National Institutes of Health (referred to in this title as
``NIH'').
national center for advancing translational sciences
For carrying out section 301 and title IV of the PHS Act with
respect to translational sciences, $942,323,000: Provided, That
$75,000,000 shall be available to implement section 480 of the PHS Act,
relating to the Cures Acceleration Network: Provided further, That at
least $629,560,000 is provided to the Clinical and Translational
Sciences Awards program.
office of the director
(including transfer of funds)
For carrying out the responsibilities of the Office of the
Director, NIH, $2,462,914,000: Provided, That funding shall be
available for the purchase of not to exceed 29 passenger motor vehicles
for replacement only: Provided further, That all funds credited to the
NIH Management Fund shall remain available for one fiscal year after
the fiscal year in which they are deposited: Provided further, That
$180,000,000 shall be for the Environmental Influences on Child Health
Outcomes study: Provided further, That $572,401,000 shall be available
for the Common Fund established under section 402A(c)(1) of the PHS
Act: Provided further, That of the funds provided, $10,000 shall be
for official reception and representation expenses when specifically
approved by the Director of the NIH: Provided further, That the Office
of AIDS Research within the Office of the Director of the NIH may spend
up to $8,000,000 to make grants for construction or renovation of
facilities as provided for in section 2354(a)(5)(B) of the PHS Act:
Provided further, That $80,000,000 shall be used to carry out section
404I of the PHS Act (42 U.S.C. 283k), relating to biomedical and
behavioral research facilities: Provided further, That $5,000,000
shall be transferred to and merged with the appropriation for the
``Office of Inspector General'' for oversight of grant programs and
operations of the NIH, including agency efforts to ensure the integrity
of its grant application evaluation and selection processes, and shall
be in addition to funds otherwise made available for oversight of the
NIH: Provided further, That amounts made available under this heading
are also available to establish, operate, and support the Research
Policy Board authorized by section 2034(f) of the 21st Century Cures
Act: Provided further, That not less than $106,480,000 is provided for
the Office of Research on Women's Health and such funds shall also be
available for making grants to serve and promote the interests of women
in research, and the Director of such Office may, in making such
grants, use the authorities available to NIH Institutes and Centers.
In addition to other funds appropriated for the Office of the
Director, $12,600,000 is appropriated from the 10-year Pediatric
Research Initiative Fund described in section 9008 of the Internal
Revenue Code of 1986 (26 U.S.C. 9008), for the purpose of carrying out
section 402(b)(7)(B)(ii) of the PHS Act (relating to pediatric
research).
buildings and facilities
For the study of, construction of, demolition of, renovation of,
and acquisition of equipment for, facilities of or used by NIH,
including the acquisition of real property, $350,000,000, to remain
available until expended.
nih innovation account, cures act
(including transfer of funds)
For necessary expenses to carry out the purposes described in
section 1001(b)(4) of the 21st Century Cures Act, in addition to
amounts available for such purposes in the appropriations provided to
the NIH in this Act, $226,000,000, to remain available until expended:
Provided, That such amounts are appropriated pursuant to section
1001(b)(3) of such Act, are to be derived from amounts transferred
under section 1001(b)(2)(A) of such Act, and may be transferred by the
Director of the NIH to other accounts of the NIH solely for the
purposes provided in such Act: Provided further, That upon a
determination by the Director of the NIH that funds transferred
pursuant to the previous proviso are not necessary for the purposes
provided, such amounts may be transferred back to the Account:
Provided further, That the transfer authority provided under this
heading is in addition to any other transfer authority provided by law.
advanced research projects agency for health
For carrying out section 301 and part J of title IV of the PHS Act
with respect to advanced research projects for health, $1,500,000,000,
to remain available through September 30, 2028.
Substance Abuse and Mental Health Services Administration
mental health
For carrying out titles III, V, and XIX of the PHS Act with respect
to mental health, the Protection and Advocacy for Individuals with
Mental Illness Act, and the SUPPORT for Patients and Communities Act,
$2,790,407,000: Provided, That of the funds made available under this
heading, $100,887,000 shall be for the National Child Traumatic Stress
Initiative: Provided further, That of the funds made available under
this heading, $991,532,000 shall be for the Mental Health Block Grant:
Provided further, That of the funds made available under this heading,
$132,000,000 shall be for Children's Mental Health Services: Provided
further, That of the funds made available under this heading,
$66,635,000 shall be for Projects for Assistance in Transition from
Homelessness: Provided further, That of the funds made available under
this heading, $40,000,000 shall be for Protection and Advocacy for
Individuals with Mental Illness: Provided further, That
notwithstanding section 520A(f)(2) of the PHS Act, no funds
appropriated for carrying out section 520A shall be available for
carrying out section 1971 of the PHS Act: Provided further, That in
addition to amounts provided herein, $21,039,000 shall be available
under section 241 of the PHS Act to carry out subpart I of part B of
title XIX of the PHS Act to fund section 1920(b) technical assistance,
national data, data collection and evaluation activities, and further
that the total available under this Act for section 1920(b) activities
shall not exceed 5 percent of the amounts appropriated for subpart I of
part B of title XIX: Provided further, That of the funds made
available under this heading for subpart I of part B of title XIX of
the PHS Act, at least 5 percent shall be available to support evidence-
based crisis systems: Provided further, That up to 10 percent of the
amounts made available to carry out the Children's Mental Health
Services program may be used to carry out demonstration grants or
contracts for early interventions with persons not more than 25 years
of age at clinical high risk of developing a first episode of
psychosis: Provided further, That section 520E(b)(2) of the PHS Act
shall not apply to funds appropriated in this Act for fiscal year 2026:
Provided further, That $385,500,000 shall be available until September
30, 2028 for grants to communities and community organizations who meet
criteria for Certified Community Behavioral Health Clinics pursuant to
section 223(a) of Public Law 113-93: Provided further, That none of
the funds provided for section 1911 of the PHS Act shall be subject to
section 241 of such Act: Provided further, That the budget activities
specified in the table under this heading in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act) shall be funded in the amounts specified as
appropriations in such table: Provided further, That amounts made
available for 988 Lifeline appropriations shall be for the purposes
described in the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act): Provided
further, That of the funds made available under this heading,
$21,420,000 shall be to carry out section 224 of the Protecting Access
to Medicare Act of 2014 (Public Law 113-93; 42 U.S.C. 290aa 22 note).
substance abuse treatment
For carrying out titles III and V of the PHS Act with respect to
substance abuse treatment and title XIX of such Act with respect to
substance abuse treatment and prevention, section 1003 of the 21st
Century Cures Act, and the SUPPORT for Patients and Communities Act,
$4,091,098,000: Provided, That $1,595,000,000 shall be for carrying
out section 1003 of the 21st Century Cures Act: Provided further, That
of such amount in the preceding proviso not less than 4.25 percent
shall be made available to Indian Tribes or Tribal organizations:
Provided further, That in addition to amounts provided herein, the
following amounts shall be available under section 241 of the PHS Act:
(1) $79,200,000 to carry out subpart II of part B of title XIX of the
PHS Act to fund section 1935(b) technical assistance, national data,
data collection and evaluation activities, and further that the total
available under this Act for section 1935(b) activities shall not
exceed 5 percent of the amounts appropriated for subpart II of part B
of title XIX; and (2) $2,000,000 to evaluate substance abuse treatment
programs: Provided further, That $562,219,000 shall be for programs of
regional and national significance, which shall be for the purposes and
in the amounts specified in the table under this heading in the
explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act), other than amounts specified in
such table as PHS Evaluation Funds: Provided further, That none of the
funds provided for section 1921 of the PHS Act or State Opioid Response
Grants shall be subject to section 241 of such Act.
substance abuse prevention
For carrying out titles III and V of the PHS Act with respect to
substance abuse prevention, $240,879,000, which shall be for the
purposes and in the amounts specified in the table under this heading
in the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act).
health surveillance and program support
For program support and cross-cutting activities that supplement
activities funded under the headings ``Mental Health'', ``Substance
Abuse Treatment'', and ``Substance Abuse Prevention'' in carrying out
titles III, V, and XIX of the PHS Act and the Protection and Advocacy
for Individuals with Mental Illness Act in the Substance Abuse and
Mental Health Services Administration, $171,566,000: Provided, That of
the amount made available under this heading, $54,311,000 shall be used
for the projects, and in the amounts, specified in the table titled
``Community Project Funding/Congressionally Directed Spending''
included for this division in the explanatory statement described in
section 4 (in the matter preceding division A of this consolidated
Act): Provided further, That none of the funds made available for
projects described in the preceding proviso shall be subject to section
241 of the PHS Act or section 205 of this Act: Provided further, That
in addition to amounts provided herein, $31,428,000 shall be available
under section 241 of the PHS Act to supplement funds available to carry
out national surveys on drug abuse and mental health, to collect and
analyze program data, and to conduct public awareness and technical
assistance activities: Provided further, That, in addition, fees may
be collected for the costs of publications, data, data tabulations, and
data analysis completed under title V of the PHS Act and provided to a
public or private entity upon request, which shall be credited to this
appropriation and shall remain available until expended for such
purposes: Provided further, That amounts made available in this Act
for carrying out section 501(o) of the PHS Act shall remain available
through September 30, 2027: Provided further, That funds made
available under this heading (other than amounts specified in the first
proviso under this heading) may be used to supplement program support
funding provided under the headings ``Mental Health'', ``Substance
Abuse Treatment'', and ``Substance Abuse Prevention''.
Agency for Healthcare Research and Quality
healthcare research and quality
For carrying out titles III and IX of the PHS Act, part A of title
XI of the Social Security Act, and section 1013 of the Medicare
Prescription Drug, Improvement, and Modernization Act of 2003,
$345,380,000: Provided, That section 947(c) of the PHS Act shall not
apply in fiscal year 2026: Provided further, That in addition, amounts
received from Freedom of Information Act fees, reimbursable and
interagency agreements, and the sale of data shall be credited to this
appropriation and shall remain available until September 30, 2027.
Centers for Medicare & Medicaid Services
grants to states for medicaid
For carrying out, except as otherwise provided, titles XI and XIX
of the Social Security Act, $508,148,791,000, to remain available until
expended.
In addition, for carrying out such titles after May 31, 2026, for
the last quarter of fiscal year 2026 for unanticipated costs incurred
for the current fiscal year, such sums as may be necessary, to remain
available until expended.
In addition, for carrying out such titles for the first quarter of
fiscal year 2027, $316,514,725,000, to remain available until expended.
Payment under such title XIX may be made for any quarter with
respect to a State plan or plan amendment in effect during such
quarter, if submitted in or prior to such quarter and approved in that
or any subsequent quarter.
payments to the health care trust funds
For payment to the Federal Hospital Insurance Trust Fund and the
Federal Supplementary Medical Insurance Trust Fund, as provided under
sections 217(g), 1844, and 1860D-16 of the Social Security Act,
sections 103(c) and 111(d) of the Social Security Amendments of 1965,
section 278(d)(3) of Public Law 97-248, and for administrative expenses
incurred pursuant to section 201(g) of the Social Security Act,
$593,817,000,000.
In addition, for making matching payments under section 1844 and
benefit payments under section 1860D-16 of the Social Security Act that
were not anticipated in budget estimates, such sums as may be
necessary.
program management
For carrying out, except as otherwise provided, titles XI, XVIII,
XIX, and XXI of the Social Security Act, titles XIII and XXVII of the
PHS Act, the Clinical Laboratory Improvement Amendments of 1988, and
other responsibilities of the Centers for Medicare & Medicaid Services,
not to exceed $3,669,744,000 to be transferred from the Federal
Hospital Insurance Trust Fund and the Federal Supplementary Medical
Insurance Trust Fund, as authorized by section 201(g) of the Social
Security Act; together with all funds collected in accordance with
section 353 of the PHS Act and section 1857(e)(2) of the Social
Security Act, funds retained by the Secretary pursuant to section
1893(h) of the Social Security Act, and such sums as may be collected
from authorized user fees and the sale of data, which shall be credited
to this account and remain available until expended: Provided, That
all funds derived in accordance with 31 U.S.C. 9701 from organizations
established under title XIII of the PHS Act shall be credited to and
available for carrying out the purposes of this appropriation:
Provided further, That the Secretary is directed to collect fees in
fiscal year 2026 from Medicare Advantage organizations pursuant to
section 1857(e)(2) of the Social Security Act and from eligible
organizations with risk-sharing contracts under section 1876 of that
Act pursuant to section 1876(k)(4)(D) of that Act: Provided further,
That of the amount made available under this heading, $397,334,000
shall remain available until September 30, 2027, and shall be available
for the Survey and Certification Program: Provided further, That
amounts available under this heading to support quality improvement
organizations (as defined in section 1152 of the Social Security Act)
shall not exceed the amount specifically provided for such purpose
under this heading in division H of the Consolidated Appropriations
Act, 2018 (Public Law 115-141).
health care fraud and abuse control account
In addition to amounts otherwise available for program integrity
and program management, $941,000,000, to remain available through
September 30, 2027, to be transferred from the Federal Hospital
Insurance Trust Fund and the Federal Supplementary Medical Insurance
Trust Fund, as authorized by section 201(g) of the Social Security Act,
of which $699,058,000 shall be for the Centers for Medicare & Medicaid
Services program integrity activities, of which $108,735,000 shall be
for the Department of Health and Human Services Office of Inspector
General to carry out fraud and abuse activities authorized by section
1817(k)(3) of such Act, and of which $133,207,000 shall be for the
Department of Justice to carry out fraud and abuse activities
authorized by section 1817(k)(3) of such Act: Provided, That the
report required by section 1817(k)(5) of the Social Security Act for
fiscal year 2026 shall include measures of the operational efficiency
and impact on fraud, waste, and abuse in the Medicare, Medicaid, and
CHIP programs for the funds provided by this appropriation: Provided
further, That of the amount provided under this heading, $311,000,000
is provided to meet the terms of a concurrent resolution on the budget,
and $630,000,000 is additional new budget authority specified for
purposes of a concurrent resolution on the budget for additional health
care fraud and abuse control activities: Provided further, That the
Secretary shall provide not less than $35,000,000 from amounts made
available under this heading and amounts made available for fiscal year
2026 under section 1817(k)(3)(A) of the Social Security Act for the
Senior Medicare Patrol program to combat health care fraud and abuse.
Administration for Children and Families
payments to states for child support enforcement and family support
programs
For carrying out, except as otherwise provided, titles I, IV-D, X,
XI, XIV, and XVI of the Social Security Act and the Act of July 5,
1960, $4,147,000,000, to remain available until expended; and for such
purposes for the first quarter of fiscal year 2027, $1,800,000,000, to
remain available until expended.
For carrying out, after May 31 of the current fiscal year, except
as otherwise provided, titles I, IV-D, X, XI, XIV, and XVI of the
Social Security Act and the Act of July 5, 1960, for the last 3 months
of the current fiscal year for unanticipated costs, incurred for the
current fiscal year, such sums as may be necessary.
low income home energy assistance
For making payments under subsections (b) and (d) of section 2602
of the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8621 et
seq.), $4,045,000,000: Provided, That notwithstanding section 2609A(a)
of such Act, not more than $9,600,000 may be reserved by the Secretary
for technical assistance, training, and monitoring of program
activities for compliance with internal controls, policies and
procedures, and to supplement funding otherwise available for necessary
administrative expenses to carry out such Act, and the Secretary may,
in addition to the authorities provided in section 2609A(a)(1), use
such funds through contracts with private entities that do not qualify
as nonprofit organizations: Provided further, That all but
$907,348,000 of the amount appropriated under this heading shall be
allocated as though the total appropriation for such payments for
fiscal year 2026 was less than $1,975,000,000: Provided further, That,
after applying all applicable provisions of section 2604 of such Act
and the previous proviso, each State or territory that would otherwise
receive an allocation that is less than 97 percent of the amount that
it received under this heading for fiscal year 2025 from amounts
appropriated pursuant to section 1101(a)(8) of division A of Public Law
119-4 shall have its allocation increased to that 97 percent level,
with the portions of other States' and territories' allocations that
would exceed 100 percent of the amounts they respectively received in
such fashion for fiscal year 2025 being ratably reduced: Provided
further, That by November 1 of the current year, the Secretary shall
award to each State no less than 90 percent of its total allotment, as
calculated pursuant to the preceding two provisos.
refugee and entrant assistance
(including transfer of funds)
For necessary expenses for refugee and entrant assistance
activities authorized by section 414 of the Immigration and Nationality
Act and section 501 of the Refugee Education Assistance Act of 1980,
and for carrying out section 462 of the Homeland Security Act of 2002,
section 235 of the William Wilberforce Trafficking Victims Protection
Reauthorization Act of 2008, the Trafficking Victims Protection Act of
2000 (``TVPA''), and the Torture Victims Relief Act of 1998,
$5,163,956,000, of which $5,114,201,000 shall remain available through
September 30, 2028 for carrying out such sections 414, 501, 462, and
235: Provided, That amounts available under this heading to carry out
the TVPA shall also be available for research and evaluation with
respect to activities under such Act: Provided further, That the
limitation in section 205 of this Act regarding transfers increasing
any appropriation shall apply to transfers to appropriations under this
heading by substituting ``15 percent'' for ``3 percent'': Provided
further, That the contribution of funds requirement under section
235(c)(6)(C)(iii) of the William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008 shall not apply to funds made
available under this heading: Provided further, That for any month in
fiscal year 2026 that the number of unaccompanied children referred to
the Department of Health and Human Services pursuant to section 462 of
the Homeland Security Act of 2002 and section 235 of the William
Wilberforce Trafficking Victims Protection Reauthorization Act of 2008
exceeds 16,000, as determined by the Secretary of Health and Human
Services, an additional $15,000,000, to remain available until
September 30, 2027, shall be made available for obligation for every
500 unaccompanied children above that level (including a pro rata
amount for any increment less than 500), for carrying out such sections
462 and 235.
payments to states for the child care and development block grant
For carrying out the Child Care and Development Block Grant Act of
1990 (``CCDBG Act''), $8,831,387,000 shall be used to supplement, not
supplant State general revenue funds for child care assistance for low-
income families: Provided, That technical assistance under section
658I(a)(3) of such Act may be provided directly, or through the use of
contracts, grants, cooperative agreements, or interagency agreements:
Provided further, That all funds made available to carry out section
418 of the Social Security Act (42 U.S.C. 618), including funds
appropriated for that purpose in such section 418 or any other
provision of law, shall be subject to the reservation of funds
authority in paragraphs (4) and (5) of section 658O(a) of the CCDBG
Act: Provided further, That notwithstanding the limitation in
subparagraph (B) of section 658O(a)(2) of such Act, of the amounts
appropriated under this heading, not less than 5 percent shall be
reserved under subparagraph (A) of such section for payments to Indian
Tribes and Tribal organizations: Provided further, That of the amounts
made available under this heading, the Secretary may reserve up to 0.5
percent for Federal administrative expenses: Provided further, That
the Secretary shall award to each State its allotted amount no less
than quarterly.
social services block grant
For making grants to States pursuant to section 2002 of the Social
Security Act, $1,700,000,000: Provided, That notwithstanding
subparagraph (B) of section 404(d)(2) of such Act, the applicable
percent specified under such subparagraph for a State to carry out
State programs pursuant to title XX-A of such Act shall be 10 percent.
children and families services programs
For carrying out, except as otherwise provided, the Runaway and
Homeless Youth Act, the Head Start Act, the Every Student Succeeds Act,
the Child Abuse Prevention and Treatment Act, sections 303 and 313 of
the Family Violence Prevention and Services Act, the Native American
Programs Act of 1974, title II of the Child Abuse Prevention and
Treatment and Adoption Reform Act of 1978 (adoption opportunities),
part B-1 of title IV and sections 429, 473A, 477(i), 1110, 1114A, and
1115 of the Social Security Act, and the Community Services Block Grant
Act (``CSBG Act''); and for necessary administrative expenses to carry
out titles I, IV, V, X, XI, XIV, XVI, and XX-A of the Social Security
Act, the Act of July 5, 1960, and the Low-Income Home Energy Assistance
Act of 1981, $14,923,390,000, of which $75,000,000, to remain available
through September 30, 2027, shall be for grants to States for adoption
and legal guardianship incentive payments, as defined by section 473A
of the Social Security Act and may be made for adoptions and legal
guardianships completed before September 30, 2026: Provided, That
$12,356,820,000 shall be for making payments under the Head Start Act,
including for Early Head Start-Child Care Partnerships, and, of which,
notwithstanding section 640 of such Act:
(1) $75,000,000 shall be available for a cost of living
adjustment, and with respect to any continuing appropriations
act, funding available for a cost of living adjustment shall
not be construed as an authority or condition under this Act;
(2) $25,000,000 shall be available for allocation by the
Secretary to supplement activities described in paragraphs
(7)(B) and (9) of section 641(c) of the Head Start Act under
the Designation Renewal System, established under the authority
of sections 641(c)(7), 645A(b)(12), and 645A(d) of such Act,
and such funds shall not be included in the calculation of
``base grant'' in subsequent fiscal years, as such term is used
in section 640(a)(7)(A) of such Act;
(3) $10,000,000 shall be available for the Tribal Colleges
and Universities Head Start Partnership Program consistent with
section 648(g) of such Act;
(4) Not to exceed $8,000,000 shall be available until
September 30, 2027 for the Marshall Islands and Micronesia for
the start-up and operation of Head Start services and for the
provision of training and technical assistance: Provided, That
an agency awarded these funds shall not be subject to the
requirements of the system for designation renewal as defined
by section 641 of the Head Start Act, for this award only,
prior to 24 months after the date of such award; and
(5) $21,000,000 shall be available to supplement funding
otherwise available for research, evaluation, and Federal
administrative costs:
Provided further, That the Secretary may reduce the reservation of
funds under section 640(a)(2)(C) of such Act in lieu of reducing the
reservation of funds under sections 640(a)(2)(B), 640(a)(2)(D), and
640(a)(2)(E) of such Act: Provided further, That the Secretary shall
award funding for continuation awards and new award cycles that
continue previous activities under existing awards no later than the
day following the expiration of the period of performance: Provided
further, That $315,000,000 shall be available until December 31, 2026
for carrying out sections 9212 and 9213 of the Every Student Succeeds
Act: Provided further, That up to 3 percent of the funds in the
preceding proviso shall be available for technical assistance and
evaluation related to grants awarded under such section 9212: Provided
further, That $810,383,000 shall be for making payments under the CSBG
Act: Provided further, That for services furnished under the CSBG Act
with funds made available for such purpose in this fiscal year and in
fiscal year 2025, States may apply the last sentence of section 673(2)
of the CSBG Act by substituting ``200 percent'' for ``125 percent'':
Provided further, That $35,383,000 shall be for section 680 of the CSBG
Act, of which not less than $22,383,000 shall be for section 680(a)(2)
and not less than $13,000,000 shall be for section 680(a)(3)(B) of such
Act: Provided further, That, notwithstanding section 675C(a)(3) of the
CSBG Act, to the extent Community Services Block Grant funds are
distributed as grant funds by a State to an eligible entity as provided
under such Act, and have not been expended by such entity, they shall
remain with such entity for carryover into the next fiscal year for
expenditure by such entity consistent with program purposes: Provided
further, That the Secretary shall establish procedures regarding the
disposition of intangible assets and program income that permit such
assets acquired with, and program income derived from, grant funds
authorized under section 680 of the CSBG Act to become the sole
property of such grantees after a period of not more than 12 years
after the end of the grant period for any activity consistent with
section 680(a)(2)(A) of the CSBG Act: Provided further, That
intangible assets in the form of loans, equity investments and other
debt instruments, and program income may be used by grantees for any
eligible purpose consistent with section 680(a)(2)(A) of the CSBG Act:
Provided further, That these procedures shall apply to such grant funds
made available after November 29, 1999: Provided further, That funds
appropriated for section 680(a)(2) of the CSBG Act shall be available
for financing construction and rehabilitation and loans or investments
in private business enterprises owned by community development
corporations: Provided further, That $245,000,000 shall be for
carrying out section 303(a) of the Family Violence Prevention and
Services Act, of which $9,500,000 shall be allocated notwithstanding
section 303(a)(2) of such Act for carrying out section 309 of such Act:
Provided further, That the percentages specified in section 112(a)(2)
of the Child Abuse Prevention and Treatment Act shall not apply to
funds appropriated under this heading: Provided further, That
$1,864,000 shall be for a human services case management system for
federally declared disasters, to include a comprehensive national case
management contract and Federal costs of administering the system:
Provided further, That up to $2,000,000 shall be for improving the
Public Assistance Reporting Information System, including grants to
States to support data collection for a study of the system's
effectiveness: Provided further, That $40,801,000 shall be used for
the projects, and in the amounts, specified in the table titled
``Community Project Funding/Congressionally Directed Spending''
included for this division in the explanatory statement described in
section 4 (in the matter preceding division A of this consolidated
Act): Provided further, That none of the funds made available for
projects described in the preceding proviso shall be subject to section
241 of the PHS Act or section 205 of this Act: Provided further, That
$34,512,000 shall be for the purposes and in the amounts specified in
the table under this heading in the explanatory statement described in
section 4 (in the matter preceding division A of this consolidated
Act).
promoting safe and stable families
For carrying out, except as otherwise provided, section 436 of the
Social Security Act, $420,000,000 and, for carrying out, except as
otherwise provided, section 437 of such Act, $62,515,000: Provided,
That of the funds available to carry out section 437, $59,765,000 shall
be allocated consistent with subsections (b) through (d) of such
section: Provided further, That of the funds available to carry out
section 437, $2,750,000, in addition to funds otherwise appropriated in
section 476 for such purposes, shall be for the Family First
Clearinghouse and to support evaluation and technical assistance
relating to the evaluation of child and family services: Provided
further, That notwithstanding section 436(b)(1), such reserved amounts
in the preceding proviso may be used for identifying, establishing, and
disseminating practices to meet the criteria specified in section
471(e)(4)(C).
payments for foster care and permanency
For carrying out, except as otherwise provided, title IV-E of the
Social Security Act, $6,843,000,000.
For carrying out, except as otherwise provided, title IV-E of the
Social Security Act, for the first quarter of fiscal year 2027,
$3,800,000,000.
For carrying out, after May 31 of the current fiscal year, except
as otherwise provided, section 474 of title IV-E of the Social Security
Act, for the last 3 months of the current fiscal year for unanticipated
costs, incurred for the current fiscal year, such sums as may be
necessary.
Administration for Community Living
aging and disability services programs
(including transfer of funds)
For carrying out, to the extent not otherwise provided, the Older
Americans Act of 1965 (``OAA''), the RAISE Family Caregivers Act, the
Supporting Grandparents Raising Grandchildren Act, titles III and XXIX
of the PHS Act, sections 1252 and 1253 of the PHS Act, section 119 of
the Medicare Improvements for Patients and Providers Act of 2008, title
XX-B of the Social Security Act, the Developmental Disabilities
Assistance and Bill of Rights Act of 2000, parts 2 and 5 of subtitle D
of title II of the Help America Vote Act of 2002, the Assistive
Technology Act of 1998, titles II and VII (and section 14 with respect
to such titles) of the Rehabilitation Act of 1973, and for Department-
wide coordination of policy and program activities that assist
individuals with disabilities, $2,453,737,000, together with
$55,242,000 to be transferred from the Federal Hospital Insurance Trust
Fund and the Federal Supplementary Medical Insurance Trust Fund to
carry out section 4360 of the Omnibus Budget Reconciliation Act of
1990: Provided, That of amounts made available under this heading to
carry out sections 311, 331, and 336 of the OAA, up to one percent of
such amounts shall be available for developing and implementing
evidence-based practices for enhancing senior nutrition, including
medically-tailored meals: Provided further, That notwithstanding any
other provision of this Act, funds made available under this heading to
carry out section 311 of the OAA may be transferred to the Secretary of
Agriculture in accordance with such section: Provided further, That up
to 5 percent of the funds provided for adult protective services grants
under section 2042 of title XX of the Social Security Act may be used
to make grants to Tribes and Tribal organizations: Provided further,
That $2,000,000 shall be for competitive grants to support alternative
financing programs that provide for the purchase of assistive
technology devices, such as a low-interest loan fund; an interest buy-
down program; a revolving loan fund; a loan guarantee; or an insurance
program: Provided further, That applicants shall provide an assurance
that, and information describing the manner in which, the alternative
financing program will expand and emphasize consumer choice and
control: Provided further, That State agencies and community-based
disability organizations that are directed by and operated for
individuals with disabilities shall be eligible to compete: Provided
further, That none of the funds made available under this heading may
be used by an eligible system (as defined in section 102 of the
Protection and Advocacy for Individuals with Mental Illness Act (42
U.S.C. 10802)) to continue to pursue any legal action in a Federal or
State court on behalf of an individual or group of individuals with a
developmental disability (as defined in section 102(8)(A) of the
Developmental Disabilities and Assistance and Bill of Rights Act of
2000 (20 U.S.C. 15002(8)(A)) that is attributable to a mental
impairment (or a combination of mental and physical impairments), that
has as the requested remedy the closure of State operated intermediate
care facilities for people with intellectual or developmental
disabilities, unless reasonable public notice of the action has been
provided to such individuals (or, in the case of mental incapacitation,
the legal guardians who have been specifically awarded authority by the
courts to make healthcare and residential decisions on behalf of such
individuals) who are affected by such action, within 90 days of
instituting such legal action, which informs such individuals (or such
legal guardians) of their legal rights and how to exercise such rights
consistent with current Federal Rules of Civil Procedure: Provided
further, That the limitations in the immediately preceding proviso
shall not apply in the case of an individual who is neither competent
to consent nor has a legal guardian, nor shall the proviso apply in the
case of individuals who are a ward of the State or subject to public
guardianship: Provided further, That of the amount made available
under this heading, $13,968,000 shall be used for the projects, and in
the amounts, specified in the table titled ``Community Project Funding/
Congressionally Directed Spending'' included for this division in the
explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act): Provided further, That none of
the funds made available for projects described in the preceding
proviso shall be subject to section 241 of the PHS Act or section 205
of this Act.
Administration for Strategic Preparedness and Response
research, development, and procurement
For carrying out title III and subtitles A and B of title XXVIII of
the PHS Act, with respect to the research, development, storage,
production, and procurement of medical countermeasures to counter
potential chemical, biological, radiological, and nuclear threats to
civilian populations, $3,207,991,000: Provided, That of such amount:
(1) $1,050,000,000, to remain available through September
30, 2027, shall be for expenses necessary to support advanced
research and development pursuant to section 319L of the PHS
Act and other administrative expenses of the Biomedical
Advanced Research and Development Authority;
(2) $850,000,000, to remain available until expended, shall
be for expenses necessary for procuring security
countermeasures (as defined in section 319F-2(c)(1)(B) of the
PHS Act);
(3) $1,000,000,000, to remain available until expended,
shall be for expenses necessary to carry out section 319F-2(a)
of the PHS Act; and
(4) $307,991,000 shall be for expenses necessary to prepare
for or respond to an influenza pandemic, of which $280,000,000
shall remain available until expended for activities including
the development and purchase of vaccines, antivirals, necessary
medical supplies, diagnostics, and surveillance tools:
Provided, That notwithstanding section 496(b) of the PHS Act,
funds allocated under this paragraph may be used for the
construction or renovation of privately owned facilities for
the production of pandemic influenza vaccines and other
biologics, if the Secretary finds such construction or
renovation necessary to secure sufficient supplies of such
vaccines or biologics:
Provided further, That funds provided under this heading for purposes
of acquisition of security countermeasures shall be in addition to any
other funds made available for such purposes: Provided further, That
products purchased with funds made available under this heading may, at
the discretion of the Secretary, be deposited in the Strategic National
Stockpile pursuant to section 319F-2 of the PHS Act.
operations, preparedness, and emergency response
For carrying out titles III, XII, and subtitles A and B of title
XXVIII of the PHS Act, operations and emergency response activities
related to countering potential chemical, biological, radiological, and
nuclear threats and other public health emergencies, $484,606,000:
Provided, That of the amounts made available under this heading,
$5,000,000 shall remain available through September 30, 2028, to
support emergency operations: Provided further, That of the amounts
made available under this heading, $10,000,000 shall remain available
until September 30, 2027, for advanced research and development,
manufacturing, production, procurement, distribution, and the
acquisition, construction, alteration, or renovation of non-federally
owned facilities for the production and purchase of medical
countermeasures, which may include the development, translation, and
demonstration at scale of innovations in manufacturing platform.
Office of the Secretary
general departmental management
For necessary expenses, not otherwise provided, for general
departmental management, including hire of six passenger motor
vehicles, and for carrying out titles III, XVII, XXI, and section 229
of the PHS Act, the United States-Mexico Border Health Commission Act,
research studies under section 1110 of the Social Security Act, and for
protection services for the Secretary, $509,144,000, together with
$64,828,000 from the amounts available under section 241 of the PHS Act
to carry out national health or human services research and evaluation
activities: Provided, That of this amount, $56,000,000 shall be for
minority AIDS prevention and treatment activities: Provided further,
That of the funds made available under this heading, $101,000,000 shall
be for making competitive contracts and grants to public and private
entities to fund medically accurate and age appropriate programs that
reduce teen pregnancy and for the Federal costs associated with
administering and evaluating such contracts and grants, of which not
more than 10 percent of the available funds shall be for training and
technical assistance, evaluation, outreach, and additional program
support activities, and of the remaining amount 75 percent shall be for
replicating programs that have been proven effective through rigorous
evaluation to reduce teenage pregnancy, behavioral risk factors
underlying teenage pregnancy, or other associated risk factors, and 25
percent shall be available for research and demonstration grants to
develop, replicate, refine, and test additional models and innovative
strategies for preventing teenage pregnancy: Provided further, That of
the amounts provided under this heading from amounts available under
section 241 of the PHS Act, $6,800,000 shall be available to carry out
evaluations (including longitudinal evaluations) of teenage pregnancy
prevention approaches: Provided further, That of the funds made
available under this heading, $35,000,000 shall be for making
competitive grants which exclusively implement education in sexual risk
avoidance (defined as voluntarily refraining from non-marital sexual
activity): Provided further, That funding for such competitive grants
for sexual risk avoidance shall use medically accurate information
referenced to peer-reviewed publications by educational, scientific,
governmental, or health organizations; implement an evidence-based
approach integrating research findings with practical implementation
that aligns with the needs and desired outcomes for the intended
audience; and teach the benefits associated with self-regulation,
success sequencing for poverty prevention, healthy relationships, goal
setting, and resisting sexual coercion, dating violence, and other
youth risk behaviors such as underage drinking or illicit drug use
without normalizing teen sexual activity: Provided further, That no
more than 10 percent of the funding for such competitive grants for
sexual risk avoidance shall be available for technical assistance and
administrative costs of such programs: Provided further, That funds
provided in this Act for embryo adoption activities may be used to
provide to individuals adopting embryos, through grants and other
mechanisms, medical and administrative services deemed necessary for
such adoptions: Provided further, That such services shall be provided
consistent with 42 CFR 59.5(a)(4): Provided further, That of the funds
made available under this heading, $5,000,000 shall be for carrying out
prize competitions sponsored by the Office of the Secretary to
accelerate innovation in the prevention, diagnosis, and treatment of
kidney diseases (as authorized by section 24 of the Stevenson-Wydler
Technology Innovation Act of 1980 (15 U.S.C. 3719)).
In addition, for expenses necessary to carry out title II of the
PHS Act to support, except as otherwise provided, activities related to
safeguarding classified national security information and providing
intelligence and national security support across the Department and to
counter cybersecurity threats to civilian populations, $108,983,000.
In addition, for expenses necessary to prevent, prepare for, or
respond to an influenza pandemic, $7,009,000.
medicare hearings and appeals
For expenses necessary for Medicare hearings and appeals in the
Office of the Secretary, $186,155,000 shall remain available until
September 30, 2027, to be transferred in appropriate part from the
Federal Hospital Insurance Trust Fund and the Federal Supplementary
Medical Insurance Trust Fund.
office of the national coordinator for health information technology
For expenses necessary for the Office of the National Coordinator
for Health Information Technology, including grants, contracts, and
cooperative agreements for the development and advancement of
interoperable health information technology, $69,238,000, of which
$35,863,000 shall be from amounts made available under section 241 of
the PHS Act.
office of inspector general
For expenses necessary for the Office of Inspector General,
including the hire of passenger motor vehicles for investigations, in
carrying out the provisions of the Inspector General Act of 1978,
$87,000,000: Provided, That of such amount, necessary sums shall be
available for investigating non-payment of child support cases for
which non-payment is a Federal offense under 18 U.S.C. 228: Provided
further, That of the amount appropriated under this heading, necessary
sums shall be available for carrying out activities authorized under
section 3022 of the PHS Act (42 U.S.C. 300jj-52).
office for civil rights
For expenses necessary for the Office for Civil Rights,
$39,798,000.
retirement pay and medical benefits for commissioned officers
For retirement pay and medical benefits of Public Health Service
Commissioned Officers as authorized by law, for payments under the
Retired Serviceman's Family Protection Plan and Survivor Benefit Plan,
and for medical care of dependents and retired personnel under the
Dependents' Medical Care Act, such amounts as may be required during
the current fiscal year.
General Provisions
Sec. 201. Funds appropriated in this title shall be available for
not to exceed $50,000 for official reception and representation
expenses when specifically approved by the Secretary.
Sec. 202. None of the funds appropriated in this title shall be
used to pay the salary of an individual, through a grant or other
extramural mechanism, at a rate in excess of Executive Level II:
Provided, That none of the funds appropriated in this title shall be
used to prevent the NIH from paying up to 100 percent of the salary of
an individual at this rate.
Sec. 203. None of the funds appropriated in this or any other Act
may be expended pursuant to section 241 of the PHS Act, except for
funds specifically provided for in this Act, or for other taps and
assessments made by any office located in HHS, prior to the preparation
and submission of a report by the Secretary to the Committees on
Appropriations of the House of Representatives and the Senate detailing
the planned uses of such funds.
Sec. 204. Notwithstanding section 241(a) of the PHS Act, such
portion as the Secretary shall determine, but not more than 2.5
percent, of any amounts appropriated for programs authorized under such
Act shall be made available for the evaluation (directly, or by grants
or contracts) and the implementation and effectiveness of programs
funded in this title.
(transfer of funds)
Sec. 205. Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control Act of
1985) which are appropriated for the current fiscal year for HHS in
this Act may be transferred between appropriations, but no such
appropriation shall be increased by more than 3 percent by any such
transfer: Provided, That the transfer authority granted by this
section shall not be used to create any new program or to fund any
project or activity for which no funds are provided in this Act:
Provided further, That the Committees on Appropriations of the House of
Representatives and the Senate are notified at least 15 days in advance
of any transfer.
Sec. 206. In lieu of the timeframe specified in section 338E(c)(2)
of the PHS Act, terminations described in such section may occur up to
60 days after the effective date of a contract awarded in fiscal year
2026 under section 338B of such Act, or at any time if the individual
who has been awarded such contract has not received funds due under the
contract.
Sec. 207. None of the funds appropriated in this Act may be made
available to any entity under title X of the PHS Act unless the
applicant for the award certifies to the Secretary that it encourages
family participation in the decision of minors to seek family planning
services and that it provides counseling to minors on how to resist
attempts to coerce minors into engaging in sexual activities.
Sec. 208. Notwithstanding any other provision of law, no provider
of services under title X of the PHS Act shall be exempt from any State
law requiring notification or the reporting of child abuse, child
molestation, sexual abuse, rape, or incest.
Sec. 209. None of the funds appropriated by this Act (including
funds appropriated to any trust fund) may be used to carry out the
Medicare Advantage program if the Secretary denies participation in
such program to an otherwise eligible entity (including a Provider
Sponsored Organization) because the entity informs the Secretary that
it will not provide, pay for, provide coverage of, or provide referrals
for abortions: Provided, That the Secretary shall make appropriate
prospective adjustments to the capitation payment to such an entity
(based on an actuarially sound estimate of the expected costs of
providing the service to such entity's enrollees): Provided further,
That nothing in this section shall be construed to change the Medicare
program's coverage for such services and a Medicare Advantage
organization described in this section shall be responsible for
informing enrollees where to obtain information about all Medicare
covered services.
Sec. 210. None of the funds made available in this title may be
used, in whole or in part, to advocate or promote gun control.
Sec. 211. The Secretary shall make available through assignment
not more than 60 employees of the Public Health Service to assist in
child survival activities and to work in AIDS programs through and with
funds provided by the Agency for International Development, the United
Nations International Children's Emergency Fund or the World Health
Organization.
Sec. 212. In order for HHS to carry out international health
activities, including HIV/AIDS and other infectious disease, chronic
and environmental disease, and other health activities abroad during
fiscal year 2026:
(1) The Secretary may exercise authority equivalent to that
available to the Secretary of State in section 2(c) of the
State Department Basic Authorities Act of 1956. The Secretary
shall consult with the Secretary of State and relevant Chief of
Mission to ensure that the authority provided in this section
is exercised in a manner consistent with section 207 of the
Foreign Service Act of 1980 and other applicable statutes
administered by the Department of State.
(2) The Secretary is authorized to provide such funds by
advance or reimbursement to the Secretary of State as may be
necessary to pay the costs of acquisition, lease, alteration,
renovation, and management of facilities outside of the United
States for the use of HHS. The Department of State shall
cooperate fully with the Secretary to ensure that HHS has
secure, safe, functional facilities that comply with applicable
regulation governing location, setback, and other facilities
requirements and serve the purposes established by this Act.
The Secretary is authorized, in consultation with the Secretary
of State, through grant or cooperative agreement, to make
available to public or nonprofit private institutions or
agencies in participating foreign countries, funds to acquire,
lease, alter, or renovate facilities in those countries as
necessary to conduct programs of assistance for international
health activities, including activities relating to HIV/AIDS
and other infectious diseases, chronic and environmental
diseases, and other health activities abroad.
(3) The Secretary is authorized to provide to personnel
appointed or assigned by the Secretary to serve abroad,
allowances and benefits similar to those provided under chapter
9 of title I of the Foreign Service Act of 1980, and 22 U.S.C.
4081 through 4086 and subject to such regulations prescribed by
the Secretary. The Secretary is further authorized to provide
locality-based comparability payments (stated as a percentage)
up to the amount of the locality-based comparability payment
(stated as a percentage) that would be payable to such
personnel under section 5304 of title 5, United States Code if
such personnel's official duty station were in the District of
Columbia. Leaves of absence for personnel under this subsection
shall be on the same basis as that provided under subchapter I
of chapter 63 of title 5, United States Code, or section 903 of
the Foreign Service Act of 1980, to individuals serving in the
Foreign Service.
(transfer of funds)
Sec. 213. The Director of the NIH, jointly with the Director of
the Office of AIDS Research, may transfer up to 3 percent among
institutes and centers from the total amounts identified by these two
Directors as funding for research pertaining to the human
immunodeficiency virus: Provided, That the Committees on
Appropriations of the House of Representatives and the Senate are
notified at least 15 days in advance of any transfer.
(transfer of funds)
Sec. 214. Of the amounts made available in this Act for NIH, the
amount for research related to the human immunodeficiency virus, as
jointly determined by the Director of NIH and the Director of the
Office of AIDS Research, shall be made available to the ``Office of
AIDS Research'' account. The Director of the Office of AIDS Research
shall transfer from such account amounts necessary to carry out section
2353(d)(3) of the PHS Act.
Sec. 215. (a) Authority.--Notwithstanding any other provision of
law, the Director of NIH (``Director'') may use funds authorized under
section 402(b)(12) of the PHS Act to enter into transactions (other
than contracts, cooperative agreements, or grants) to carry out
research identified pursuant to or research and activities described in
such section 402(b)(12).
b
Peer Review.--In entering into transactions under subsection
a
, the Director may utilize such peer review procedures (including
consultation with appropriate scientific experts) as the Director
determines to be appropriate to obtain assessments of scientific and
technical merit. Such procedures shall apply to such transactions in
lieu of the peer review and advisory council review procedures that
would otherwise be required under sections 301(a)(3), 405(b)(1)(B),
405(b)(2), 406(a)(3)(A), 492, and 494 of the PHS Act.
c
Notification.--The Director shall notify the Committees on
Appropriations of the House of Representatives and the Senate not later
than 15 days after the Director exercises the authority under
subsection (a) for any transaction that is expected to cost the NIH in
excess of $100,000,000.
Sec. 216. Not to exceed $100,000,000 of funds appropriated by this
Act to the institutes and centers of the National Institutes of Health
may be used for alteration, repair, or improvement of facilities, as
necessary for the proper and efficient conduct of the activities
authorized herein, at not to exceed $5,000,000 per project.
(transfer of funds)
Sec. 217. Of the amounts made available for NIH, 1 percent of the
amount made available for National Research Service Awards (``NRSA'')
shall be made available to the Administrator of the Health Resources
and Services Administration to make NRSA awards for research in primary
medical care to individuals affiliated with entities who have received
grants or contracts under sections 736, 739, or 747 of the PHS Act, and
1 percent of the amount made available for NRSA shall be made available
to the Director of the Agency for Healthcare Research and Quality to
make NRSA awards for health service research.
Sec. 218. (a) The Biomedical Advanced Research and Development
Authority (``BARDA'') may enter into a contract, for more than one but
no more than 10 program years, for purchase of research services or of
security countermeasures, as that term is defined in section 319F-
2(c)(1)(B) of the PHS Act (42 U.S.C. 247d-6b(c)(1)(B)), if--
(1) funds are available and obligated--
(A) for the full period of the contract or for the
first fiscal year in which the contract is in effect;
and
(B) for the estimated costs associated with a
necessary termination of the contract; and
(2) the Secretary determines that a multi-year contract
will serve the best interests of the Federal Government by
encouraging full and open competition or promoting economy in
administration, performance, and operation of BARDA's programs.
b
A contract entered into under this section--
(1) shall include a termination clause as described by
subsection (c) of section 3903 of title 41, United States Code;
and
(2) shall be subject to the congressional notice
requirement stated in subsection (d) of such section.
Sec. 219. (a) The Secretary shall publish in the fiscal year 2027
budget justification and on Departmental Web sites information
concerning the employment of full-time equivalent Federal employees or
contractors for the purposes of implementing, administering, enforcing,
or otherwise carrying out the provisions of the ACA, and the amendments
made by that Act, in the proposed fiscal year and each fiscal year
since the enactment of the ACA.
b
With respect to employees or contractors supported by all funds
appropriated for purposes of carrying out the ACA (and the amendments
made by that Act), the Secretary shall include, at a minimum, the
following information:
(1) For each such fiscal year, the section of such Act
under which such funds were appropriated, a statement
indicating the program, project, or activity receiving such
funds, the Federal operating division or office that
administers such program, and the amount of funding received in
discretionary or mandatory appropriations.
(2) For each such fiscal year, the number of full-time
equivalent employees or contracted employees assigned to each
authorized and funded provision detailed in accordance with
paragraph (1).
c
In carrying out this section, the Secretary may exclude from
the report employees or contractors who--
(1) are supported through appropriations enacted in laws
other than the ACA and work on programs that existed prior to
the passage of the ACA;
(2) spend less than 50 percent of their time on activities
funded by or newly authorized in the ACA; or
(3) work on contracts for which FTE reporting is not a
requirement of their contract, such as fixed-price contracts.
Sec. 220. The Secretary shall publish, as part of the fiscal year
2027 budget of the President submitted under section 1105(a) of title
31, United States Code, information that details the uses of all funds
used by the Centers for Medicare & Medicaid Services specifically for
Health Insurance Exchanges for each fiscal year since the enactment of
the ACA and the proposed uses for such funds for fiscal year 2027. Such
information shall include, for each such fiscal year, the amount of
funds used for each activity specified under the heading ``Health
Insurance Exchange Transparency'' in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act).
Sec. 221. None of the funds made available by this Act from the
Federal Hospital Insurance Trust Fund or the Federal Supplemental
Medical Insurance Trust Fund, or transferred from other accounts funded
by this Act to the ``Centers for Medicare & Medicaid Services--Program
Management'' account, may be used for payments under section 1342(b)(1)
of Public Law 111-148 (relating to risk corridors).
(transfer of funds)
Sec. 222. (a) Within 45 days of enactment of this Act, the
Secretary shall transfer funds appropriated under section 4002 of the
ACA to the accounts specified, in the amounts specified, and for the
activities specified under the heading ``Prevention and Public Health
Fund'' in the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act).
b
Notwithstanding section 4002(c) of the ACA, the Secretary may
not further transfer these amounts.
c
Funds transferred for activities authorized under section 2821
of the PHS Act shall be made available without reference to section
2821(b) of such Act.
Sec. 223. Effective during the period beginning on November 1,
2015 and ending January 1, 2028, any provision of law that refers
(including through cross-reference to another provision of law) to the
current recommendations of the United States Preventive Services Task
Force with respect to breast cancer screening, mammography, and
prevention shall be administered by the Secretary involved as if--
(1) such reference to such current recommendations were a
reference to the recommendations of such Task Force with
respect to breast cancer screening, mammography, and prevention
last issued before 2009; and
(2) such recommendations last issued before 2009 applied to
any screening mammography modality under section 1861(jj) of
the Social Security Act (42 U.S.C. 1395x(jj)).
Sec. 224. In making Federal financial assistance, the provisions
relating to indirect costs in part 75 of title 45, Code of Federal
Regulations, including with respect to the approval of deviations from
negotiated rates, shall continue to apply to the National Institutes of
Health to the same extent and in the same manner as such provisions
were applied in the third quarter of fiscal year 2017. None of the
funds appropriated in this or prior Acts or otherwise made available to
the Department of Health and Human Services or to any department or
agency may be used to develop or implement a modified approach to such
provisions, or to intentionally or substantially expand the fiscal
effect of the approval of such deviations from negotiated rates beyond
the proportional effect of such approvals in such quarter.
(transfer of funds)
Sec. 225. The NIH Director may transfer funds for opioid
addiction, opioid alternatives, stimulant misuse and addiction, pain
management, and addiction treatment to other Institutes and Centers of
the NIH to be used for the same purpose 15 days after notifying the
Committees on Appropriations of the House of Representatives and the
Senate: Provided, That the transfer authority provided in the previous
proviso is in addition to any other transfer authority provided by law.
Sec. 226. (a) The Secretary shall provide to the Committees on
Appropriations of the House of Representatives and the Senate:
(1) Detailed monthly enrollment figures from the Exchanges
established under the Patient Protection and Affordable Care
Act of 2010 pertaining to enrollments during the open
enrollment period; and
(2) Notification of any new or competitive grant awards,
including supplements, authorized under section 330 of the
Public Health Service Act.
b
The Committees on Appropriations of the House and Senate must
be notified at least 2 business days in advance of any public release
of enrollment information or the award of such grants.
Sec. 227. In addition to the amounts otherwise available for
``Centers for Medicare & Medicaid Services, Program Management'', the
Secretary of Health and Human Services may transfer up to $455,000,000
to such account from the Federal Hospital Insurance Trust Fund and the
Federal Supplementary Medical Insurance Trust Fund to support program
management activity related to the Medicare Program: Provided, That
except for the foregoing purpose, such funds may not be used to support
any provision of Public Law 111-148 or Public Law 111-152 (or any
amendment made by either such Public Law) or to supplant any other
amounts within such account.
Sec. 228. The Department of Health and Human Services shall
provide the Committees on Appropriations of the House of
Representatives and Senate a biannual report 30 days after enactment of
this Act on staffing described in the explanatory statement described
in section 4 (in the matter preceding division A of this consolidated
Act).
Sec. 229. Funds appropriated in this Act that are available for
salaries and expenses of employees of the Department of Health and
Human Services shall also be available to pay travel and related
expenses of such an employee or of a member of his or her family, when
such employee is assigned to duty, in the United States or in a U.S.
territory, during a period and in a location that are the subject of a
determination of a public health emergency under section 319 of the
Public Health Service Act and such travel is necessary to obtain
medical care for an illness, injury, or medical condition that cannot
be adequately addressed in that location at that time. For purposes of
this section, the term ``U.S. territory'' means Guam, the Commonwealth
of Puerto Rico, the Northern Mariana Islands, the Virgin Islands,
American Samoa, or the Trust Territory of the Pacific Islands.
Sec. 230. The Department of Health and Human Services may accept
donations from the private sector, nongovernmental organizations, and
other groups independent of the Federal Government for the care of
unaccompanied alien children (as defined in section 462(g)(2) of the
Homeland Security Act of 2002 (6 U.S.C. 279(g)(2))) in the care of the
Office of Refugee Resettlement of the Administration for Children and
Families, including medical goods and services, which may include early
childhood developmental screenings, school supplies, toys, clothing,
and any other items intended to promote the wellbeing of such children.
Sec. 231. None of the funds made available in this Act under the
heading ``Department of Health and Human Services--Administration for
Children and Families--Refugee and Entrant Assistance'' may be
obligated to a grantee or contractor to house unaccompanied alien
children (as such term is defined in section 462(g)(2) of the Homeland
Security Act of 2002 (6 U.S.C. 279(g)(2))) in any facility that is not
State-licensed for the care of unaccompanied alien children, except in
the case that the Secretary determines that housing unaccompanied alien
children in such a facility is necessary on a temporary basis due to an
influx of such children or an emergency, provided that--
(1) the terms of the grant or contract for the operations
of any such facility that remains in operation for more than
six consecutive months shall require compliance with--
(A) the same requirements as licensed placements,
as listed in Exhibit 1 of the Flores Settlement
Agreement that the Secretary determines are applicable
to non-State licensed facilities; and
(B) staffing ratios of one (1) on-duty Youth Care
Worker for every eight (8) children or youth during
waking hours, one (1) on-duty Youth Care Worker for
every sixteen (16) children or youth during sleeping
hours, and clinician ratios to children (including
mental health providers) as required in grantee
cooperative agreements;
(2) the Secretary may grant a 60-day waiver for a
contractor's or grantee's non-compliance with paragraph (1) if
the Secretary certifies and provides a report to Congress on
the contractor's or grantee's good-faith efforts and progress
towards compliance;
(3) not more than four consecutive waivers under paragraph
(2) may be granted to a contractor or grantee with respect to a
specific facility;
(4) ORR shall ensure full adherence to the monitoring
requirements set forth in section 5.5 of its Policies and
Procedures Guide as of May 15, 2019;
(5) for any such unlicensed facility in operation for more
than three consecutive months, ORR shall conduct a minimum of
one comprehensive monitoring visit during the first three
months of operation, with quarterly monitoring visits
thereafter; and
(6) not later than 60 days after the date of enactment of
this Act, ORR shall brief the Committees on Appropriations of
the House of Representatives and the Senate outlining the
requirements of ORR for influx facilities including any
requirement listed in paragraph (1)(A) that the Secretary has
determined are not applicable to non-State licensed facilities.
Sec. 232. In addition to the existing Congressional notification
for formal site assessments of potential influx facilities, the
Secretary shall notify the Committees on Appropriations of the House of
Representatives and the Senate at least 15 days before operationalizing
an unlicensed facility, and shall (1) specify whether the facility is
hard-sided or soft-sided, and (2) provide analysis that indicates that,
in the absence of the influx facility, the likely outcome is that
unaccompanied alien children will remain in the custody of the
Department of Homeland Security for longer than 72 hours or that
unaccompanied alien children will be otherwise placed in danger. Within
60 days of bringing such a facility online, and monthly thereafter, the
Secretary shall provide to the Committees on Appropriations of the
House of Representatives and the Senate a report detailing the total
number of children in care at the facility, the average length of stay
and average length of care of children at the facility, and, for any
child that has been at the facility for more than 60 days, their length
of stay and reason for delay in release.
Sec. 233. None of the funds made available in this Act may be used
to prevent a United States Senator or Member of the House of
Representatives from entering, for the purpose of conducting oversight,
any facility in the United States used for the purpose of maintaining
custody of, or otherwise housing, unaccompanied alien children (as
defined in section 462(g)(2) of the Homeland Security Act of 2002 (6
U.S.C. 279(g)(2))), provided that such Senator or Member has
coordinated the oversight visit with the Office of Refugee Resettlement
not less than two business days in advance to ensure that such visit
would not interfere with the operations (including child welfare and
child safety operations) of such facility.
Sec. 234. Not later than 14 days after the date of enactment of
this Act, and monthly thereafter, the Secretary shall submit to the
Committees on Appropriations of the House of Representatives and the
Senate, and make publicly available online, a report with respect to
children who were separated from their parents or legal guardians by
the Department of Homeland Security (DHS) (regardless of whether or not
such separation was pursuant to an option selected by the children,
parents, or guardians), subsequently classified as unaccompanied alien
children, and transferred to the care and custody of ORR during the
previous month. Each report shall contain the following information:
(1) the number and ages of children so separated subsequent
to apprehension at or between ports of entry, to be reported by
sector where separation occurred; and
(2) the documented cause of separation, as reported by DHS
when each child was referred.
Sec. 235. Funds appropriated in this Act that are available for
salaries and expenses of employees of the Centers for Disease Control
and Prevention shall also be available for the primary and secondary
schooling of eligible dependents of personnel stationed in a U.S.
territory at costs not in excess of those paid for or reimbursed by the
Department of Defense: Provided, That for purposes of this section,
the term ``U.S. territory'' means Guam, the Commonwealth of Puerto
Rico, the Northern Mariana Islands, the Virgin Islands, American Samoa,
or the Trust Territory of the Pacific Islands.
Sec. 236. Funds made available in this Act under each of the
headings ``Immunization and Respiratory Diseases'', ``HIV/AIDS, Viral
Hepatitis, Sexually Transmitted Diseases, and Tuberculosis
Prevention'', ``Emerging and Zoonotic Infectious Diseases'', ``Chronic
Disease Prevention and Health Promotion'', ``Birth Defects,
Developmental Disabilities, Disabilities and Health'', ``Public Health
Scientific Services'', ``Environmental Health'', ``Injury Prevention
and Control'', ``National Institute for Occupational Safety and
Health'', ``Global Health'', ``Public Health Preparedness and
Response'', and ``CDC-Wide Activities and Program Support'' shall be
for the budget activities, and in the amounts specified in the table
under each such heading in the explanatory statement described in
section 4 (in the matter preceding division A of this consolidated
Act).
(rescission)
Sec. 237. Of the unobligated balances in the ``Nonrecurring
Expenses Fund'' established in section 223 of division G of Public Law
110-161, $1,826,000,000 are hereby rescinded not later than September
30, 2026, except that no amounts may be rescinded from amounts that
were previously designated by the Congress as being for an emergency
requirement pursuant to a concurrent resolution on the budget or the
Balanced Budget and Emergency Deficit Control Act of 1985.
Sec. 238. The Director of the NIH shall hereafter require
institutions that receive funds through a grant or cooperative
agreement or other form of extramural award during fiscal year 2026 and
in future years to complete any investigation undertaken due to
concerns about harassment, bullying retaliation, or hostile working
conditions regarding any individual identified as a principal
investigator or key personnel in an NIH notice of award or progress
report even if during the course of the investigation the individual
under investigation leaves their current position and is no longer
employed by the institution. The Director may hereafter decline
transfer of an ongoing extramural award to a different institution if
concerns about harassment, bullying, hostile work environment, or other
professional misconduct on the part of a principal investigator or key
personnel named in the Notice of Award or progress report have not been
resolved to the NIH's satisfaction. The Director of the NIH shall
hereafter have the authority to share investigation reports,
conclusions, and results of any investigation of individuals identified
as a principal investigator or as key personnel in an NIH notice of
award or progress report due to concerns about harassment, bullying,
retaliation, or hostile working conditions on an as needed basis with
any institution that receives funds through a grant or cooperative
agreement or other form of extramural award during fiscal year 2026 or
any subsequent fiscal year. The Director may issue regulations
consistent with this section.
Sec. 239. The Department of Health and Human Services shall
support staffing levels necessary to fulfill its statutory
responsibilities including carrying out programs, projects, and
activities funded in this title of this Act in a timely manner:
Provided, That the Secretary shall submit a detailed plan and
justification to the Committees on Appropriations of the House of
Representatives and the Senate, and make publicly available to allow
for an independent review not less than 60 days prior to initiating the
execution of any reorganization moving functions, pursuant to any
authorities otherwise provided, carried out by the Centers for Disease
Control and Prevention to another component of the Department of Health
and Human Services, relative to how such functions are funded in this
Act.
Sec. 240. (a) Not to exceed the amount of funds made available
under the heading ``National Institutes of Health'' in fiscal year 2025
that were obligated during fiscal year 2025 for more than one year of a
multiyear award may be obligated in fiscal year 2026 from amounts made
available under such heading in this Act for more than one year of a
multiyear award.
b
A multiyear award, as the term is used in this section,
includes multiyear awards for grants, cooperative agreements,
contracts, and any other financial mechanisms.
Sec. 241. The Administrator of the Centers for Medicare & Medicaid
Services shall not apply the distance requirements under
1820(c)(2)(B)(i)(I) of the Social Security Act (42 U.S.C. 1395i-
4(c)(2)(B)(i)(I)) to any facility with a critical access hospital
provider agreement that was designated and certified as a critical
access hospital as of January 1, 2024, and receives a notification
letter from the Centers for Medicare & Medicaid Services during the
period beginning on December 1, 2024, and ending on January 1, 2026,
that the facility was found to be noncompliant with such distance
requirements under section 1820(c)(2)(B)(i)(I) of the Social Security
Act (42 U.S.C. 1395i-4(c)(2)(B)(i)(I)). In the case where a provider
agreement for such facility was terminated on or after December 1, 2024
but prior to the date of enactment of this Act exclusively because such
facility was unable to meet the distance requirement under section
1820(c)(2)(B)(i)(I) of the Social Security Act (42 U.S.C. 1395i-
4(c)(2)(B)(i)(I)), the Administrator shall provide for the
recertification of such facility as a critical access hospital and
reinstatement of such provider agreement. This provision shall not be
construed to prohibit the application of any other enforcement measures
deemed necessary by the Administrator, including termination of the
provider agreement, in response to such facility's violation of any
Federal regulation other than the distance requirement.
This title may be cited as the ``Department of Health and Human
Services Appropriations Act, 2026''.
TITLE III
DEPARTMENT OF EDUCATION
Office of Elementary and Secondary Education
education for the disadvantaged
For carrying out title I and subpart 2 of part B of title II of the
Elementary and Secondary Education Act of 1965 (referred to in this Act
as ``ESEA'') and section 418A of the Higher Education Act of 1965
(referred to in this Act as ``HEA''), $19,127,790,000, of which
$8,199,490,000 shall become available on July 1, 2026, and shall remain
available through September 30, 2027, and of which $10,841,177,000
shall become available on October 1, 2026, and shall remain available
through September 30, 2027, for academic year 2026-2027: Provided,
That $6,459,401,000 shall be for basic grants under section 1124 of the
ESEA: Provided further, That up to $5,000,000 of these funds shall be
available to the Secretary of Education (referred to in this title as
``Secretary'') on October 1, 2025, to obtain annually updated local
educational agency-level census poverty data from the Bureau of the
Census: Provided further, That $1,362,301,000 shall be for
concentration grants under section 1124A of the ESEA: Provided
further, That $5,302,550,000 shall be for targeted grants under section
1125 of the ESEA: Provided further, That $5,302,550,000 shall be for
education finance incentive grants under section 1125A of the ESEA:
Provided further, That $224,000,000 shall be for carrying out subpart 2
of part B of title II: Provided further, That $52,123,000 shall be for
carrying out section 418A of the HEA.
impact aid
For carrying out programs of financial assistance to federally
affected schools authorized by title VII of the ESEA, $1,630,151,000,
of which $1,477,000,000 shall be for basic support payments under
section 7003(b), $49,316,000 shall be for payments for children with
disabilities under section 7003(d), $19,000,000 to remain available
through September 30, 2027, shall be for construction under section
7007(b), $80,000,000 shall be for Federal property payments under
section 7002, and $4,835,000, to remain available until expended, shall
be for facilities maintenance under section 7008: Provided, That for
purposes of computing the amount of a payment for an eligible local
educational agency under section 7003(a) for school year 2025-2026,
children enrolled in a school of such agency that would otherwise be
eligible for payment under section 7003(a)(1)(B) of such Act, but due
to the deployment of both parents or legal guardians, or a parent or
legal guardian having sole custody of such children, or due to the
death of a military parent or legal guardian while on active duty (so
long as such children reside on Federal property as described in
section 7003(a)(1)(B)), are no longer eligible under such section,
shall be considered as eligible students under such section, provided
such students remain in average daily attendance at a school in the
same local educational agency they attended prior to their change in
eligibility status.
school improvement programs
For carrying out school improvement activities authorized by part B
of title I, part A of title II, subpart 1 of part A of title IV, part B
of title IV, part B of title V, and parts B and C of title VI of the
ESEA; the McKinney-Vento Homeless Assistance Act; section 203 of the
Educational Technical Assistance Act of 2002; and the Civil Rights Act
of 1964, $5,781,178,000, of which $3,952,312,000 shall become available
on July 1, 2026, and remain available through September 30, 2027, and
of which $1,681,441,000 shall become available on October 1, 2026, and
shall remain available through September 30, 2027, for academic year
2026-2027: Provided, That $2,190,080,000 shall be for part A of title
II of the ESEA: Provided further, That $380,000,000 shall be for part
B of title I: Provided further, That $1,329,673,000 shall be for part
B of title IV: Provided further, That $45,897,000 shall be for part B
of title VI, which may be used for construction, renovation, and
modernization of any public elementary school, secondary school, or
structure related to a public elementary school or secondary school
that serves a predominantly Native Hawaiian student body, and that the
5 percent limitation in section 6205(b) of the ESEA on the use of funds
for administrative purposes shall apply only to direct administrative
costs: Provided further, That the Secretary shall use $650,000 of
funds made available in the preceding proviso to carry out section 6204
of the ESEA: Provided further, That $44,953,000 shall be for part C of
title VI, which shall be awarded on a competitive basis, and may be
used for construction, and that the 5 percent limitation in section
6305 of the ESEA on the use of funds for administrative purposes shall
apply only to direct administrative costs: Provided further, That
$50,000,000 shall be available to carry out section 203 of the
Educational Technical Assistance Act of 2002 and the Secretary shall
make such arrangements as determined to be necessary to ensure that the
Bureau of Indian Education has access to services provided under this
section: Provided further, That $225,000,000 shall be for part B of
title V: Provided further, That in carrying out such part B the
percentage in section 316(b)(1)(F) of title III of division H of Public
Law 116-260 shall be deemed 83.33 percent: Provided further, That
$1,380,000,000 shall be available for grants under subpart 1 of part A
of title IV: Provided further, That $129,000,000 shall be for subpart
B of title VII of the McKinney-Vento Homeless Assistance Act, which
shall be available for expenditure by educational agencies and
institutions for an additional fiscal year following the succeeding
fiscal year provided by subsection 421(b)(1) of the General Education
Provisions Act.
indian education
For expenses necessary to carry out, to the extent not otherwise
provided, title VI, part A of the ESEA, $196,746,000, of which
$72,000,000 shall be for subpart 2 of part A of title VI and
$14,365,000 shall be for subpart 3 of part A of title VI: Provided,
That the 5 percent limitation in sections 6115(d), 6121(e), and 6133(g)
of the ESEA on the use of funds for administrative purposes shall apply
only to direct administrative costs: Provided further, That grants
awarded under sections 6132 and 6133 of the ESEA with funds provided
under this heading may be for a period of up to 5 years: Provided
further, That the Secretary may make awards under subpart 3 of part A
of title VI without regard to the funding limitation in section
6133(b)(1) of the ESEA.
innovation and improvement
For carrying out activities authorized by subparts 1, 3, and 4 of
part B of title II, and parts C, D, and E and subparts 1 and 4 of part
F of title IV of the ESEA, $1,191,147,000, which shall be for the
purposes and in the amounts specified in the ``Final Bill'' column for
Innovation and Improvement in the ``Departments of Labor, Health and
Human Services, Education, and Related Agencies Appropriations Act,
2026'' table in the explanatory statement described in section 4 (in
the matter preceding division A of this consolidated Act), of which the
amounts made available for ``Community Project Funding/Congressionally
Directed Spending'' are for the projects, and in the amounts, specified
for this account in the table titled ``Community Project Funding/
Congressionally Directed Spending'' in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act) and none of the funds made available for such
projects shall be subject to section 302 of this Act: Provided, That
amounts for subparts 1, 3, and 4 of part B of title II shall be made
available without regard to sections 2201, 2231(b), and 2241: Provided
further, That amounts for parts C, D, and E and subpart 4 of part F of
title IV shall be made available without regard to sections 4311,
4409(a), and 4601 of the ESEA: Provided further, That section
4303(d)(3)(A)(i) shall not apply to the funds available for part C of
title IV: Provided further, That of the funds available for part C of
title IV, the Secretary shall use not less than $60,000,000 to carry
out section 4304, not more than $140,000,000, to remain available
through March 31, 2027, to carry out section 4305(b), from which the
amount necessary for continuation grants may be available for
obligation through March 31, 2027, and not more than $16,000,000 to
carry out the activities in section 4305(a)(3): Provided further, That
notwithstanding section 4601(b), $235,000,000 shall be available
through December 31, 2026 for subpart 1 of part F of title IV:
Provided further, That of the funds available for subpart 4 of part F
of title IV, not less than $8,000,000 shall be used for grants for
eligible national nonprofit organizations, as described in the
Applications for New Awards; Assistance for Arts Education Program
published in the Federal Register on May 31, 2022, for activities
described under section 4642(a)(1)(C): Provided further, That the
competitive preference priority described in such notice shall be given
only to an eligible national nonprofit organization that previously
received the competitive preference priority pursuant to such notice.
safe schools and citizenship education
For carrying out activities authorized by subparts 2 and 3 of part
F of title IV of the ESEA, $431,000,000, to remain available through
December 31, 2026: Provided, That $190,000,000 shall be available for
section 4631, of which up to $6,000,000, to remain available until
expended, shall be for the Project School Emergency Response to
Violence (Project SERV) program: Provided further, That $150,000,000
shall be available for section 4625: Provided further, That
$91,000,000 shall be for section 4624.
Office of English Language Acquisition
english language acquisition
For carrying out part A of title III of the ESEA, $890,000,000,
which shall become available on July 1, 2026, and shall remain
available through September 30, 2027, except that 6.5 percent of such
amount shall be available on October 1, 2025, and shall remain
available through September 30, 2027, to carry out activities under
section 3111(c)(1)(C).
Office of Special Education and Rehabilitative Services
special education
For carrying out the Individuals with Disabilities Education Act
(IDEA) and the Special Olympics Sport and Empowerment Act of 2004,
$15,490,264,000, of which $5,910,321,000 shall become available on July
1, 2026, and shall remain available through September 30, 2027, and of
which $9,283,383,000 shall become available on October 1, 2026, and
shall remain available through September 30, 2027, for academic year
2026-2027: Provided, That the amount for section 611(b)(2) of the IDEA
shall be equal to the lesser of the amount available for that activity
during fiscal year 2025, increased by the amount of inflation as
specified in section 619(d)(2)(B) of the IDEA, or the percent change in
the funds appropriated under section 611(i) of the IDEA, but not less
than the amount for that activity during fiscal year 2025: Provided
further, That the Secretary shall, without regard to section 611(d) of
the IDEA, distribute to all other States (as that term is defined in
section 611(g)(2)), subject to the third proviso, any amount by which a
State's allocation under section 611, from funds appropriated under
this heading, is reduced under section 612(a)(18)(B), according to the
following: 85 percent on the basis of the States' relative populations
of children aged 3 through 21 who are of the same age as children with
disabilities for whom the State ensures the availability of a free
appropriate public education under this part, and 15 percent to States
on the basis of the States' relative populations of those children who
are living in poverty: Provided further, That the Secretary may not
distribute any funds under the previous proviso to any State whose
reduction in allocation from funds appropriated under this heading made
funds available for such a distribution: Provided further, That the
States shall allocate such funds distributed under the second proviso
to local educational agencies in accordance with section 611(f):
Provided further, That the amount by which a State's allocation under
section 611(d) of the IDEA is reduced under section 612(a)(18)(B) and
the amounts distributed to States under the previous provisos in fiscal
year 2012 or any subsequent year shall not be considered in calculating
the awards under section 611(d) for fiscal year 2013 or for any
subsequent fiscal years: Provided further, That, notwithstanding the
provision in section 612(a)(18)(B) regarding the fiscal year in which a
State's allocation under section 611(d) is reduced for failure to
comply with the requirement of section 612(a)(18)(A), the Secretary may
apply the reduction specified in section 612(a)(18)(B) over a period of
consecutive fiscal years, not to exceed 5, until the entire reduction
is applied: Provided further, That the Secretary may, in any fiscal
year in which a State's allocation under section 611 is reduced in
accordance with section 612(a)(18)(B), reduce the amount a State may
reserve under section 611(e)(1) by an amount that bears the same
relation to the maximum amount described in that paragraph as the
reduction under section 612(a)(18)(B) bears to the total allocation the
State would have received in that fiscal year under section 611(d) in
the absence of the reduction: Provided further, That the Secretary
shall either reduce the allocation of funds under section 611 for any
fiscal year following the fiscal year for which the State fails to
comply with the requirement of section 612(a)(18)(A) as authorized by
section 612(a)(18)(B), or seek to recover funds under section 452 of
the General Education Provisions Act (20 U.S.C. 1234a): Provided
further, That the funds reserved under 611(c) of the IDEA may be used
to provide technical assistance to States to improve the capacity of
the States to meet the data collection requirements of sections 616 and
618 and to administer and carry out other services and activities to
improve data collection, coordination, quality, and use under parts B
and C of the IDEA: Provided further, That the Secretary may use funds
made available for the State Personnel Development Grants program under
part D, subpart 1 of IDEA to evaluate program performance under such
subpart: Provided further, That States may use funds reserved for
other State-level activities under sections 611(e)(2) and 619(f) of the
IDEA to make subgrants to local educational agencies, institutions of
higher education, other public agencies, and private non-profit
organizations to carry out activities authorized by those sections:
Provided further, That, notwithstanding section 643(e)(2)(A) of the
IDEA, if 5 or fewer States apply for grants pursuant to section 643(e)
of such Act, the Secretary shall provide a grant to each State in an
amount equal to the maximum amount described in section 643(e)(2)(B) of
such Act: Provided further, That if more than 5 States apply for
grants pursuant to section 643(e) of the IDEA, the Secretary shall
award funds to those States on the basis of the States' relative
populations of infants and toddlers except that no such State shall
receive a grant in excess of the amount described in section
643(e)(2)(B) of such Act: Provided further, That States may use funds
allotted under section 643(c) of the IDEA to make subgrants to local
educational agencies, institutions of higher education, other public
agencies, and private non-profit organizations to carry out activities
authorized by section 638 of IDEA: Provided further, That,
notwithstanding section 638 of the IDEA, a State may use funds it
receives under section 633 of the IDEA to offer continued early
intervention services to a child who previously received services under
part C of the IDEA from age 3 until the beginning of the school year
following the child's third birthday with parental consent and without
regard to the procedures in section 635(c) of the IDEA: Provided
further, That notwithstanding section 638 of the IDEA, a State may use
funds appropriated under Part C of the IDEA to conduct child find,
public awareness, and referral activities for an individual who is
expected to become a parent of an infant with a disability (as that
term is defined in section 632(5)), as established by medical or other
records: Provided further, That any State electing to use funds under
the preceding proviso shall ensure that, as soon as possible but not
later than 45 days after the child's birth, it completes the referral
and eligibility process under this part for that child.
rehabilitation services
(including transfer of funds)
For carrying out, to the extent not otherwise provided, the
Rehabilitation Act of 1973 and the Helen Keller National Center Act,
$4,648,295,000, of which $4,504,096,000 shall be for grants for
vocational rehabilitation services under title I of the Rehabilitation
Act: Provided, That the Secretary may use amounts provided in this Act
that remain available subsequent to the reallotment of funds to States
pursuant to section 110(b) of the Rehabilitation Act for innovative
activities aimed at increasing competitive integrated employment as
defined in section 7 of such Act for youth and other individuals with
disabilities, including related Federal administrative expenses, for
improving monitoring and oversight of grants for vocational
rehabilitation services under title I of the Rehabilitation Act, and
information technology needs under section 15 and titles I, III, VI,
and VII of the Rehabilitation Act: Provided further, That up to 15
percent of the amounts available subsequent to reallotment for the
activities described in the first proviso from funds provided under
this paragraph in this Act, may be used for evaluation and technical
assistance related to such activities: Provided further, That any
funds made available subsequent to reallotment for the activities
described in the first proviso may be provided to States and other
public, private and nonprofit entities, including Indian Tribes and
institutions of higher education for carrying out such activities:
Provided further, That States and other public and nonprofit entities,
including Indian Tribes and institutions of higher education may award
subgrants for a portion of the funds to other eligible entities:
Provided further, That any funds provided in this Act and made
available subsequent to reallotment for the purposes described in the
first proviso shall remain available until September 30, 2027:
Provided further, That any funds provided in the Full-Year Continuing
Appropriations and Extensions Act, 2025 (Public Law 119-4) and made
available subsequent to reallotment shall remain available until
September 30, 2026: Provided further, That the Secretary may transfer
funds provided in this Act and made available subsequent to the
reallotment of funds to States pursuant to section 110(b) of the
Rehabilitation Act to ``Institute of Education Sciences'' for the
evaluation of outcomes for students receiving services and supports
under IDEA and under title I, section 504 of title V, and title VI of
the Rehabilitation Act: Provided further, That the transfer authority
in the preceding proviso is in addition to any other transfer authority
in this Act.
special institutions for persons with disabilities
american printing house for the blind
For carrying out the Act to Promote the Education of the Blind of
March 3, 1879, $43,431,000.
national technical institute for the deaf
For the National Technical Institute for the Deaf under titles I
and II of the Education of the Deaf Act of 1986, $92,500,000:
Provided, That from the total amount available, the Institute may at
its discretion use funds for the endowment program as authorized under
section 207 of such Act.
gallaudet university
For the Kendall Demonstration Elementary School, the Model
Secondary School for the Deaf, and the partial support of Gallaudet
University under titles I and II of the Education of the Deaf Act of
1986, $167,361,000, of which up to $15,000,000, to remain available
until expended, shall be for construction, as defined by section 201(2)
of such Act: Provided, That from the total amount available, the
University may at its discretion use funds for the endowment program as
authorized under section 207 of such Act.
Office of Career, Technical, and Adult Education
career, technical, and adult education
For carrying out, to the extent not otherwise provided, the Carl D.
Perkins Career and Technical Education Act of 2006 (``Perkins Act'')
and the Adult Education and Family Literacy Act (``AEFLA''),
$2,181,436,000, of which $1,390,436,000 shall become available on July
1, 2026, and shall remain available through September 30, 2027, and of
which $791,000,000 shall become available on October 1, 2026, and shall
remain available through September 30, 2027: Provided, That up to
$6,100,000 shall be available for innovation and modernization grants
under such section 114(e) of the Perkins Act: Provided further, That
of the amounts made available for AEFLA, $13,712,000 shall be for
national leadership activities under section 242.
Office of Federal Student Aid
student financial assistance
For carrying out subparts 1 and 3 of part A, and part C of title IV
of the HEA, $24,615,352,000 which shall remain available through
September 30, 2027: Provided, That $22,475,352,000 shall be for
subpart 1 of part A, $910,000,000 shall be for subpart 3 of part A, and
$1,230,000,000 shall be for part C.
The maximum Pell Grant for which a student shall be eligible during
award year 2026-2027 shall be $6,335.
student aid administration
For Federal administrative expenses to carry out part D of title I,
and subparts 1, 3, 9, and 10 of part A, and parts B, C, D, and E of
title IV of the HEA, and subpart 1 of part A of title VII of the Public
Health Service Act, $2,058,943,000, to remain available through
September 30, 2027: Provided, That in order to promote accountability
and high-quality service to borrowers, the Secretary shall not award
funding for any contract solicitation for a new Federal student loan
servicing environment unless such an environment provides for the
participation of multiple student loan servicers that contract directly
with the Department of Education to manage a unique portfolio of
borrower accounts and the full life-cycle of loans from disbursement to
pay-off with certain limited exceptions, and allocates student loan
borrower accounts to eligible student loan servicers based on
performance: Provided further, That the Department shall re-allocate
accounts from servicers for recurring non-compliance with FSA
guidelines, contractual requirements, and applicable laws, including
for failure to sufficiently inform borrowers of available repayment
options: Provided further, That such servicers shall be evaluated
based on their ability to meet contract requirements (including an
understanding of Federal and State law), future performance on the
contracts, and history of compliance with applicable consumer
protections laws: Provided further, That FSA shall ensure that the
Federal loan servicing environment incentivizes more support to
borrowers at risk of delinquency or default: Provided further, That
FSA shall ensure that in such environment contractors have the capacity
to meet and are held accountable for performance on service levels; are
held accountable for and have a history of compliance with applicable
consumer protection laws; and have relevant experience and demonstrated
effectiveness: Provided further, That the Secretary shall provide
monthly briefings to the Committees on Appropriations and Education and
Workforce of the House of Representatives and the Committees on
Appropriations and Health, Education, Labor, and Pensions of the Senate
on general progress related to Federal student loan servicing and
repayment: Provided further, That FSA shall strengthen transparency
through expanded publication of aggregate data on student loan and
servicer performance: Provided further, That the limitation in section
302 of this Act regarding transfers increasing any appropriation shall
apply to transfers to appropriations under this heading by substituting
``10 percent'' for ``3 percent'' for the purposes of the continuation
of basic operations, including student loan servicing, business process
operations, digital customer care, common origination and disbursement,
cybersecurity activities, and information technology systems: Provided
further, That not later than 45 days after enactment of this Act, FSA
shall provide to the Committees on Appropriations of the House of
Representatives and the Senate a detailed spend plan of anticipated
uses of funds made available in this account for fiscal year 2026 and
provide quarterly updates on this plan (including contracts awarded,
change orders, bonuses paid to staff, reorganization costs, and any
other activity carried out using amounts provided under this heading
for fiscal year 2026) no later than 10 days prior to the start of such
quarter: Provided further, That FSA shall notify the Committees within
10 days of any modification of such spend plan that exceeds five
percent of the amount appropriated under the heading ``Student Aid
Administration''.
Office of Postsecondary Education
higher education
For carrying out, to the extent not otherwise provided, titles II,
III, IV, V, VI, VII, and VIII of the HEA, the Mutual Educational and
Cultural Exchange Act of 1961, and section 117 of the Perkins Act,
$3,265,598,000, of which $2,243,711,000 shall be for the purposes and
in the amounts, other than for ``Aid for Institutional Development'',
specified in the ``Final Bill'' column for Higher Education in the
``Departments of Labor, Health and Human Services, Education, and
Related Agencies Appropriations Act, 2026'' table in the explanatory
statement described in section 4 (in the matter preceding division A of
this consolidated Act), of which the amounts made available for
Community Project Funding/Congressionally Directed Spending are for the
projects, and in the amounts, specified for this account in the table
titled ``Community Project Funding/Congressionally Directed Spending''
in the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act) and none of the funds
made available for such projects shall be subject to section 302 of
this Act, and of which the amounts made available for part B of title
VII of the HEA shall be for the purposes and in the amounts specified
in the table under the heading ``Fund for the Improvement of
Postsecondary Education'' in the explanatory statement described in
section 4 (in the matter preceding division A of this consolidated
Act): Provided, That of the amounts provided under this heading,
$493,331,000 shall be for carrying out part A of title III and title V
of the HEA, of which $53,807,000 shall be for carrying out section 316:
Provided further, That of the amounts provided under this heading,
$528,556,000 shall be for carrying out part B of title III and section
723 of the HEA, of which $6,000,000 of the amounts available for
section 323 of the HEA shall be for grants to supplement amounts
awarded to part B institutions that are junior or community colleges,
as defined in section 312(f) of the HEA: Provided further, That the
supplemental funds described in the preceding proviso are in addition
to any grant award that any institution may receive under section 323
of the HEA and shall be allocated in accordance with the allotments
specified under section 324 of such Act: Provided further, That
notwithstanding any other provision of law, funds made available in
this Act to carry out title VI of the HEA and section 102(b)(6) of the
Mutual Educational and Cultural Exchange Act of 1961 may be used to
support visits and study in foreign countries by individuals who are
participating in advanced foreign language training and international
studies in areas that are vital to United States national security and
who plan to apply their language skills and knowledge of these
countries in the fields of government, the professions, or
international development: Provided further, That of the funds
referred to in the preceding proviso up to 1 percent may be used for
program evaluation, national outreach, and information dissemination
activities: Provided further, That up to 1.5 percent of the funds made
available under chapter 2 of subpart 2 of part A of title IV of the HEA
may be used for evaluation: Provided further, That section 313(d) of
the HEA shall not apply to an institution of higher education that is
eligible to receive funding under section 318 of the HEA: Provided
further, That amounts made available for carrying out section 419N of
the HEA may be awarded notwithstanding the limitations in section
419N(b)(2) of the HEA: Provided further, That activities authorized
under sections 317(c)(2)(B), 319(c)(2)(B), and 320(c)(2)(B) of the HEA
may include construction and maintenance in classrooms, libraries,
laboratories, and other instructional facilities.
howard university
For partial support of Howard University, $254,018,000, of which
not less than $3,405,000 shall be for a matching endowment grant
pursuant to the Howard University Endowment Act and shall remain
available until expended.
college housing and academic facilities loans program
For Federal administrative expenses to carry out activities related
to existing facility loans pursuant to section 121 of the HEA,
$298,000.
historically black college and university capital financing program
account
For the cost of guaranteed loans, $20,150,000, as authorized
pursuant to part D of title III of the HEA, which shall remain
available through September 30, 2027: Provided, That such costs,
including the cost of modifying such loans, shall be as defined in
section 502 of the Congressional Budget Act of 1974: Provided further,
That these funds are available to subsidize total loan principal, any
part of which is to be guaranteed, not to exceed $500,000,000:
Provided further, That these funds may be used to support loans to
public and private Historically Black Colleges and Universities without
regard to the limitations within section 344(a) of the HEA.
In addition, for administrative expenses to carry out the
Historically Black College and University Capital Financing Program
entered into pursuant to part D of title III of the HEA, $528,000.
Institute of Education Sciences
For necessary expenses for the Institute of Education Sciences as
authorized by section 208 of the Department of Education Organization
Act and carrying out activities authorized by the National Assessment
of Educational Progress Authorization Act, section 208 of the
Educational Technical Assistance Act of 2002, and section 664 of the
Individuals with Disabilities Education Act, $789,606,000, to remain
available through September 30, 2027, which shall be for the purposes
and in the amounts specified in the ``Final Bill'' column for Institute
of Education Sciences in the ``Departments of Labor, Health and Human
Services, Education, and Related Agencies Appropriations Act, 2026''
table in the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act): Provided, That
funds available to carry out section 208 of the Educational Technical
Assistance Act may be used to link Statewide elementary and secondary
data systems with early childhood, postsecondary, and workforce data
systems, or to further develop such systems: Provided further, That up
to $6,000,000 of the funds available to carry out section 208 of the
Educational Technical Assistance Act may be used for awards to public
or private organizations or agencies to support activities to improve
data coordination, quality, and use at the local, State, and national
levels.
Departmental Management
program administration
For carrying out, to the extent not otherwise provided, the
Department of Education Organization Act, including rental of
conference rooms in the District of Columbia and hire of three
passenger motor vehicles, $399,407,000: Provided, That,
notwithstanding any other provision of law, none of the funds provided
by this Act or provided by previous Appropriations Acts to the
Department of Education available for obligation or expenditure in the
current fiscal year may be used for any activity relating to
implementing a reorganization that decentralizes, reduces the staffing
level, or alters the responsibilities, structure, authority, or
functionality of the Budget Service of the Department of Education,
relative to the organization and operation of the Budget Service as in
effect on January 1, 2018: Provided further, That none of the funds
provided by this Act may be used to support a number of non-career
employees that is more than the number of non-career employees as of
December 31, 2022: Provided further, That the Department of Education
shall support staffing levels necessary to fulfill its statutory
responsibilities including carrying out programs, projects, and
activities funded in this title of this Act in a timely manner.
office for civil rights
For expenses necessary for the Office for Civil Rights, as
authorized by section 203 of the Department of Education Organization
Act, $140,000,000.
office of inspector general
For expenses necessary for the Office of Inspector General, as
authorized by section 212 of the Department of Education Organization
Act, $67,500,000, of which $3,000,000 shall remain available through
September 30, 2027.
General Provisions
Sec. 301. No funds appropriated in this Act may be used to prevent
the implementation of programs of voluntary prayer and meditation in
the public schools.
(transfer of funds)
Sec. 302. Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control Act of
1985) which are appropriated for the Department of Education in this
Act may be transferred between appropriations, but no such
appropriation shall be increased by more than 3 percent by any such
transfer: Provided, That the transfer authority granted by this
section shall not be used to create any new program or to fund any
project or activity for which no funds are provided in this Act:
Provided further, That the Committees on Appropriations of the House of
Representatives and the Senate are notified at least 15 days in advance
of any transfer.
Sec. 303. Funds appropriated in this Act and consolidated for
evaluation purposes under section 8601(c) of the ESEA shall be
available from July 1, 2026, through September 30, 2027.
Sec. 304. (a) An institution of higher education that maintains an
endowment fund supported with funds appropriated for title III or V of
the HEA for fiscal year 2026 may use the income from that fund to award
scholarships to students, subject to the limitation in section
331(c)(3)(B)(i) of the HEA. The use of such income for such purposes,
prior to the enactment of this Act, shall be considered to have been an
allowable use of that income, subject to that limitation.
b
Subsection (a) shall be in effect until titles III and V of the
HEA are reauthorized.
Sec. 305. Section 114(f) of the HEA (20 U.S.C. 1011c(f)) shall be
applied by substituting ``2026'' for ``2021''.
Sec. 306. Section 458(a)(4) of the HEA (20 U.S.C. 1087h(a)) shall
be applied by substituting ``2027'' for ``2021''.
Sec. 307. Funds appropriated in this Act under the heading
``Student Aid Administration'' may be available for payments for
student loan servicing to an institution of higher education that
services outstanding Federal Perkins Loans under part E of title IV of
the Higher Education Act of 1965 (20 U.S.C. 1087aa et seq.).
Sec. 308. The Secretary may reserve not more than 0.5 percent from
any amount made available in this Act for an HEA program, except for
any amounts made available for subpart 1 of part A of title IV of the
HEA, to carry out rigorous and independent evaluations and to collect
and analyze outcome data for any program authorized by the HEA:
Provided, That no funds made available in this Act for the ``Student
Aid Administration'' account shall be subject to the reservation under
this section: Provided further, That any funds reserved under this
section shall be available through September 30, 2028: Provided
further, That if, under any other provision of law, funds are
authorized to be reserved or used for evaluation activities with
respect to a program or project, the Secretary may also reserve funds
for such program or project for the purposes described in this section
so long as the total reservation of funds for such program or project
does not exceed any statutory limits on such reservations: Provided
further, That not later than 30 days prior to the initial obligation of
funds reserved under this section, the Secretary shall submit to the
Committees on Appropriations of the Senate and the House of
Representatives, the Committee on Health, Education, Labor and Pensions
of the Senate, and the Committee on Education and Workforce of the
House of Representatives a plan that identifies the source and amount
of funds reserved under this section, the impact on program grantees if
funds are withheld for the purposes of this section, and the activities
to be carried out with such funds.
(including transfer of funds)
Sec. 309. Of the amounts appropriated in this Act for ``Institute
of Education Sciences'' from amounts available for Program
Administration, up to $20,000,000 shall be available for the Secretary
of Education (``the Secretary'') to provide support services to the
Institute of Education Sciences (including, but not limited to
information technology services, lease or procurement of office space,
human resource services, financial management services, financial
systems support, budget formulation and execution, legal counsel, equal
employment opportunity services, physical security, facilities
management, acquisition and contract management, grants administration
and policy, and enterprise risk management): Provided, That the
Secretary shall calculate the actual amounts obligated and expended for
such support services by using a standard Department of Education
methodology for allocating the cost of all such support services:
Provided further, That the Secretary may transfer any amounts available
for IES support services in excess of actual amounts needed for IES
support services, as so calculated, to the ``Program Administration''
account from the ``Institute of Education Sciences'' account: Provided
further, That in order to address any shortfall between amounts
available for IES support services and amounts needed for IES support
services, as so calculated, the Secretary may transfer necessary
amounts to the ``Institute of Education Sciences'' account from the
``Program Administration'' account: Provided further, That the
Committees on Appropriations of the House of Representatives and the
Senate are notified at least 14 days in advance of any transfer made
pursuant to this section.
(rescission and transfer of funds)
Sec. 310. Of the unobligated balances in the ``Department of
Education Nonrecurring Expenses Fund'' established in section 313 of
division H of Public Law 116-260, $160,000,000 are hereby rescinded not
later than September 30, 2026: Provided, That from any remaining
unobligated balances in such Fund, the Secretary may transfer up to
$60,000,000 to ``Innovation and Improvement'' to be merged with funds
made available under such heading for carrying out activities
authorized under part C of title IV of the ESEA.
(rescission)
Sec. 311. Of the funds made available under the heading
``Institute of Education Sciences'' pursuant to section 1101(a)(8) of
the Full-Year Continuing Appropriations Act, 2025 (division A of Public
Law 119-4) for program administration, $25,000,000 are hereby
permanently rescinded not later than September 30, 2026.
Sec. 312. The Secretary shall award to each State an amount as
required under the applicable provisions of the ESEA, McKinney-Vento
Homeless Assistance Act, IDEA, Perkins Act, and AEFLA for each formula
grant program to which funds are appropriated in this Act on the date
such funds become available for obligation.
This title may be cited as the ``Department of Education
Appropriations Act, 2026''.
TITLE IV
RELATED AGENCIES
Committee for Purchase From People Who Are Blind or Severely Disabled
salaries and expenses
For expenses necessary for the Committee for Purchase From People
Who Are Blind or Severely Disabled (referred to in this title as ``the
Committee'') established under section 8502 of title 41, United States
Code, $13,124,000: Provided, That in order to authorize any central
nonprofit agency designated pursuant to section 8503(c) of title 41,
United States Code, to perform requirements of the Committee as
prescribed under section 51-3.2 of title 41, Code of Federal
Regulations, the Committee shall enter into a written agreement with
any such central nonprofit agency: Provided further, That such
agreement shall contain such auditing, oversight, and reporting
provisions as necessary to implement chapter 85 of title 41, United
States Code: Provided further, That such agreement shall include the
elements listed under the heading ``Committee For Purchase From People
Who Are Blind or Severely Disabled--Written Agreement Elements'' in the
explanatory statement described in section 4 of Public Law 114-113 (in
the matter preceding division A of that consolidated Act): Provided
further, That any such central nonprofit agency may not charge a fee
under section 51-3.5 of title 41, Code of Federal Regulations, prior to
executing a written agreement with the Committee: Provided further,
That no less than $3,150,000 shall be available for the Office of
Inspector General.
Corporation for National and Community Service
operating expenses
For necessary expenses for the Corporation for National and
Community Service (referred to in this title as ``CNCS'') to carry out
the Domestic Volunteer Service Act of 1973 (referred to in this title
as ``1973 Act'') and the National and Community Service Act of 1990
(referred to in this title as ``1990 Act''), $975,525,000, which shall
be for the purposes and in the amounts specified in the ``Final Bill''
column for Corporation for National and Community Service in the
``Departments of Labor, Health and Human Services, Education, and
Related Agencies Appropriations Act, 2026'' table in the explanatory
statement described in section 4 (in the matter preceding division A of
this consolidated Act), notwithstanding sections 198B(b)(3), 198S(g),
501(a)(4)(C), and 501(a)(4)(F) of the 1990 Act: Provided, That of the
amounts provided under this heading: (1) up to 1 percent of program
grant funds may be used to defray the costs of conducting grant
application reviews, including the use of outside peer reviewers and
electronic management of the grants cycle; (2) the amounts made
available for State Commission Support Grants shall be available to
provide assistance to State commissions on national and community
service, under section 126(a) of the 1990 Act and notwithstanding
section 501(a)(5)(B) of the 1990 Act; (3) of amounts made available for
Innovation, Assistance, and Other Activities, $8,558,000 shall be
available for expenses authorized under section 501(a)(4)(F) of the
1990 Act, which, notwithstanding the provisions of section 198P shall
be awarded by CNCS on a competitive basis; and (4) of amounts made
available for Innovation, Assistance, and Other Activities, $6,148,000
shall be available to carry out sections 198(k) and 198(i) of the 1990
Act: Provided further, That for the purposes of carrying out the 1990
Act, satisfying the requirements in section 122(c)(1)(D) may include a
determination of need by the local community: Provided further, That
CNCS shall award to each State their allotted amount under AmeriCorps
State and National formula grants no later than April 1, 2026 and to
each state their allotted amount under State Service Commission Support
Grants and State Commission Investment Fund Grants no later than June
1, 2026: Provided further, That the Corporation shall support staffing
levels necessary to fulfill its statutory responsibilities including
carrying out programs, projects, and activities funded in this title of
this Act in a timely manner.
payment to the national service trust
(including transfer of funds)
For payment to the National Service Trust established under
subtitle D of title I of the 1990 Act, $180,000,000, to remain
available until expended: Provided, That CNCS may transfer additional
funds from the amount provided within ``Operating Expenses'' allocated
to grants under subtitle C of title I of the 1990 Act to the National
Service Trust upon determination that such transfer is necessary to
support the activities of national service participants and after
notice is transmitted to the Committees on Appropriations of the House
of Representatives and the Senate: Provided further, That amounts
appropriated for or transferred to the National Service Trust may be
invested under section 145(b) of the 1990 Act without regard to the
requirement to apportion funds under 31 U.S.C. 1513(b).
salaries and expenses
For necessary expenses of administration as provided under section
501(a)(5) of the 1990 Act and under section 504(a) of the 1973 Act,
including payment of salaries, authorized travel, hire of passenger
motor vehicles, the rental of conference rooms in the District of
Columbia, the employment of experts and consultants authorized under 5
U.S.C. 3109, and not to exceed $2,500 for official reception and
representation expenses, $89,686,000.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the Inspector General Act of 1978, $8,595,000, of which
$1,000,000 shall be available until expended.
administrative provisions
Sec. 401. CNCS shall make any significant changes to program
requirements, service delivery or policy only through public notice and
comment rulemaking. For fiscal year 2026, during any grant selection
process, an officer or employee of CNCS shall not knowingly disclose
any covered grant selection information regarding such selection,
directly or indirectly, to any person other than an officer or employee
of CNCS that is authorized by CNCS to receive such information.
Sec. 402. AmeriCorps programs receiving grants under the National
Service Trust program shall meet an overall minimum share requirement
of 24 percent for the first 3 years that they receive AmeriCorps
funding, and thereafter shall meet the overall minimum share
requirement as provided in section 2521.60 of title 45, Code of Federal
Regulations, without regard to the operating costs match requirement in
section 121(e) or the member support Federal share limitations in
section 140 of the 1990 Act, and subject to partial waiver consistent
with section 2521.70 of title 45, Code of Federal Regulations.
Sec. 403. Donations made to CNCS under section 196 of the 1990 Act
for the purposes of financing programs and operations under titles I
and II of the 1973 Act or subtitle B, C, D, or E of title I of the 1990
Act shall be used to supplement and not supplant current programs and
operations.
Sec. 404. In addition to the requirements in section 146(a) of the
1990 Act, use of an educational award for the purpose described in
section 148(a)(4) shall be limited to individuals who are veterans as
defined under section 101 of the Act.
Sec. 405. For the purpose of carrying out section 189D of the 1990
Act--
(1) entities described in paragraph (a) of such section
shall be considered ``qualified entities'' under section 3 of
the National Child Protection Act of 1993 (``NCPA'');
(2) individuals described in such section shall be
considered ``volunteers'' under section 3 of NCPA; and
(3) State Commissions on National and Community Service
established pursuant to section 178 of the 1990 Act, are
authorized to receive criminal history record information,
consistent with Public Law 92-544.
Sec. 406. Notwithstanding sections 139(b), 146, and 147 of the
1990 Act, an individual who successfully completes a term of service of
not less than 1,200 hours during a period of not more than one year may
receive a national service education award having a value of 70 percent
of the value of a national service education award determined under
section 147(a) of the Act.
Sec. 407. Section 148(f)(2)(A)(i) of the 1990 Act shall be applied
by substituting ``an approved national service position'' for ``a
national service program that receives grants under subtitle C''.
Sec. 408. In any case where a participant of a position eligible
for an educational award described in subtitle D of title I of the
National and Community Service Act of 1990 (42 U.S.C. 12601 et seq.)
was required to exit the position early at the direction of the
Corporation for National and Community Service and due to circumstances
outside the control of the individual, such as a lapse in availability
of Federal appropriations, or termination of their position, or the
applicable program grant or agreement under the national service laws
is released from completing the required term of service for such
position, the Chief Executive Officer of the Corporation for National
and Community Service may--
(1) deem such individual as having met the minimum
requirements of the position or program for purposes of section
139(c)(1) of the 1990 Act; and
(2) notwithstanding section 139(c)(2)(B) of the 1990 Act,
award the individual a pro-rated value of the educational award
that corresponds to the quantity of the term of service
actually completed by the individual without regard to whether
such individual has completed at least 15 percent of their term
of service as required under section 139(c) of the 1990 Act.
Federal Mediation and Conciliation Service
salaries and expenses
For expenses necessary for the Federal Mediation and Conciliation
Service (``Service'') to carry out the functions vested in it by the
Labor-Management Relations Act, 1947, including hire of passenger motor
vehicles; for expenses necessary for the Labor-Management Cooperation
Act of 1978; and for expenses necessary for the Service to carry out
the functions vested in it by the Civil Service Reform Act,
$48,705,000: Provided, That notwithstanding 31 U.S.C. 3302, fees
charged, up to full-cost recovery, for special training activities and
other conflict resolution services and technical assistance, including
those provided to foreign governments and international organizations,
and for arbitration services shall be credited to and merged with this
account, and shall remain available until expended: Provided further,
That fees for arbitration services shall be available only for
education, training, and professional development of the agency
workforce: Provided further, That the Director of the Service is
authorized to accept and use on behalf of the United States gifts of
services and real, personal, or other property in the aid of any
projects or functions within the Director's jurisdiction.
Federal Mine Safety and Health Review Commission
salaries and expenses
For expenses necessary for the Federal Mine Safety and Health
Review Commission, $18,012,000.
Institute of Museum and Library Services
office of museum and library services: grants and administration
For carrying out the Museum and Library Services Act of 1996 and
the National Museum of African American History and Culture Act,
$291,800,000, which shall be for the purposes and in the amounts
specified in the table under this heading in the explanatory statement
in section 4 (in the matter preceding division A of this consolidated
Act).
Medicaid and Chip Payment and Access Commission
salaries and expenses
For expenses necessary to carry out section 1900 of the Social
Security Act, $9,405,000: Provided, That in fiscal year 2026 and
thereafter, for all contracts for goods and services to which the
Medicaid and CHIP Payment and Access Commission is a party, the
following Federal Acquisition Regulation (FAR) clauses will apply: FAR
52.232-39 and FAR 52.233-4 (or a successor clause).
Medicare Payment Advisory Commission
salaries and expenses
For expenses necessary to carry out section 1805 of the Social
Security Act, $14,673,000, to be transferred to this appropriation from
the Federal Hospital Insurance Trust Fund and the Federal Supplementary
Medical Insurance Trust Fund: Provided, That in fiscal year 2026 and
thereafter, for all contracts for goods and services to which the
Medicare Payment Advisory Commission is a party, the following Federal
Acquisition Regulation (FAR) clauses will apply: FAR 52.232-39 and FAR
52.233-4 (or a successor clause).
National Council on Disability
salaries and expenses
For expenses necessary for the National Council on Disability as
authorized by title IV of the Rehabilitation Act of 1973, $3,850,000.
National Labor Relations Board
salaries and expenses
For expenses necessary for the National Labor Relations Board to
carry out the functions vested in it by the Labor-Management Relations
Act, 1947, and other laws, $294,224,000: Provided, That no part of
this appropriation shall be available to organize or assist in
organizing agricultural laborers or used in connection with
investigations, hearings, directives, or orders concerning bargaining
units composed of agricultural laborers as referred to in section 2(3)
of the Act of July 5, 1935, and as amended by the Labor-Management
Relations Act, 1947, and as defined in section 3(f) of the Act of June
25, 1938, and including in said definition employees engaged in the
maintenance and operation of ditches, canals, reservoirs, and waterways
when maintained or operated on a mutual, nonprofit basis and at least
95 percent of the water stored or supplied thereby is used for farming
purposes.
administrative provision
Sec. 409. None of the funds provided by this Act or previous Acts
making appropriations for the National Labor Relations Board may be
used to issue any new administrative directive or regulation that would
provide employees any means of voting through any electronic means in
an election to determine a representative for the purposes of
collective bargaining.
National Mediation Board
salaries and expenses
For expenses necessary to carry out the provisions of the Railway
Labor Act, including emergency boards appointed by the President,
$15,113,000.
Occupational Safety and Health Review Commission
salaries and expenses
For expenses necessary for the Occupational Safety and Health
Review Commission, $14,449,000.
Railroad Retirement Board
dual benefits payments account
For payment to the Dual Benefits Payments Account, authorized under
section 15(d) of the Railroad Retirement Act of 1974, $5,000,000, which
shall include amounts becoming available in fiscal year 2026 pursuant
to section 224(c)(1)(B) of Public Law 98-76; and in addition, an
amount, not to exceed 2 percent of the amount provided herein, shall be
available proportional to the amount by which the product of recipients
and the average benefit received exceeds the amount available for
payment of vested dual benefits: Provided, That the total amount
provided herein shall be credited in 12 approximately equal amounts on
the first day of each month in the fiscal year.
federal payments to the railroad retirement accounts
For payment to the accounts established in the Treasury for the
payment of benefits under the Railroad Retirement Act for interest
earned on unnegotiated checks, $150,000, to remain available through
September 30, 2027, which shall be the maximum amount available for
payment pursuant to section 417 of Public Law 98-76.
limitation on administration
For necessary expenses for the Railroad Retirement Board
(``Board'') for administration of the Railroad Retirement Act and the
Railroad Unemployment Insurance Act, $127,000,000, to be derived in
such amounts as determined by the Board from the railroad retirement
accounts and from moneys credited to the railroad unemployment
insurance administration fund: Provided, That notwithstanding section
7(b)(9) of the Railroad Retirement Act this limitation may be used to
hire attorneys only through the excepted service: Provided further,
That the previous proviso shall not change the status under Federal
employment laws of any attorney hired by the Railroad Retirement Board
prior to January 1, 2013: Provided further, That notwithstanding
section 7(b)(9) of the Railroad Retirement Act, this limitation may be
used to hire students attending qualifying educational institutions or
individuals who have recently completed qualifying educational programs
using current excepted hiring authorities established by the Office of
Personnel Management.
limitation on the office of inspector general
For expenses necessary for the Office of Inspector General for
audit, investigatory and review activities, as authorized by the
Inspector General Act of 1978, not more than $14,000,000, to be derived
from the railroad retirement accounts and railroad unemployment
insurance account.
Social Security Administration
payments to social security trust funds
For payment to the Federal Old-Age and Survivors Insurance Trust
Fund and the Federal Disability Insurance Trust Fund, as provided under
sections 201(m) and 1131(b)(2) of the Social Security Act, $15,000,000.
supplemental security income program
For carrying out titles XI and XVI of the Social Security Act,
section 401 of Public Law 92-603, section 212 of Public Law 93-66, as
amended, and section 405 of Public Law 95-216, including payment to the
Social Security trust funds for administrative expenses incurred
pursuant to section 201(g)(1) of the Social Security Act,
$49,452,282,000, to remain available until expended: Provided, That
any portion of the funds provided to a State in the current fiscal year
and not obligated by the State during that year shall be returned to
the Treasury: Provided further, That not more than $91,000,000 shall
be available for research and demonstrations under sections 1110, 1115,
and 1144 of the Social Security Act, and remain available through
September 30, 2028.
For making, after June 15 of the current fiscal year, benefit
payments to individuals under title XVI of the Social Security Act, for
unanticipated costs incurred for the current fiscal year, such sums as
may be necessary.
For making benefit payments under title XVI of the Social Security
Act for the first quarter of fiscal year 2027, $23,500,000,000, to
remain available until expended.
limitation on administrative expenses
(including transfer of funds)
For necessary expenses, including the hire and purchase of two
passenger motor vehicles, and not to exceed $20,000 for official
reception and representation expenses, not more than $14,671,978,000
may be expended, as authorized by section 201(g)(1) of the Social
Security Act, from any one or all of the trust funds referred to in
such section: Provided, That not less than $2,700,000 shall be for the
Social Security Advisory Board: Provided further, That unobligated
balances of funds provided under this paragraph at the end of fiscal
year 2026 not needed for fiscal year 2026 shall remain available until
expended to invest in the Social Security Administration information
technology and telecommunications hardware and software infrastructure,
including related equipment and non-payroll administrative expenses
associated solely with this information technology and
telecommunications infrastructure, except unobligated balances of funds
described in the first proviso of this paragraph at the end of fiscal
year 2026 not needed for fiscal year 2026 shall remain available until
expended to invest in the Social Security Advisory Board information
technology: Provided further, That the Commissioner of Social Security
shall notify the Committees on Appropriations of the House of
Representatives and the Senate prior to making unobligated balances
available under the authority in the previous proviso: Provided
further, That reimbursement to the trust funds under this heading for
expenditures for official time for employees of the Social Security
Administration pursuant to 5 U.S.C. 7131, and for facilities or support
services for labor organizations pursuant to policies, regulations, or
procedures referred to in section 7135(b) of such title shall be made
by the Secretary of the Treasury, with interest, from amounts in the
general fund not otherwise appropriated, as soon as possible after such
expenditures are made.
From funds provided under the first paragraph under this heading,
not more than $2,397,000,000, to remain available through March 31,
2027, is for the costs associated with continuing disability reviews
under titles II and XVI of the Social Security Act, including work-
related continuing disability reviews to determine whether earnings
derived from services demonstrate an individual's ability to engage in
substantial gainful activity, for the cost associated with conducting
redeterminations of eligibility under title XVI of the Social Security
Act, for the cost of co-operative disability investigation units, and
for the cost associated with the prosecution of fraud in the programs
and operations of the Social Security Administration by Special
Assistant United States Attorneys: Provided, That, of such amount,
$273,000,000 is provided to meet the terms of a concurrent resolution
on the budget and $2,124,000,000 is additional new budget authority
specified for purposes of a concurrent resolution on the budget:
Provided further, That, of the additional new budget authority
described in the preceding proviso, up to $24,600,000 may be
transferred to the ``Office of Inspector General'', Social Security
Administration, for the cost of jointly operated co-operative
disability investigation units: Provided further, That such transfer
authority is in addition to any other transfer authority provided by
law: Provided further, That the Commissioner shall provide to the
Congress (at the conclusion of the fiscal year) a report on the
obligation and expenditure of these funds, similar to the reports that
were required by section 103(d)(2) of Public Law 104-121 for fiscal
years 1996 through 2002: Provided further, That none of the funds
described in this paragraph shall be available for transfer or
reprogramming except as specified in this paragraph.
In addition, $170,000,000 to be derived from administration fees in
excess of $5.00 per supplementary payment collected pursuant to section
1616(d) of the Social Security Act or section 212(b)(3) of Public Law
93-66, which shall remain available until expended: Provided, That to
the extent that the amounts collected pursuant to such sections in
fiscal year 2026 exceed $170,000,000, the amounts shall be available in
fiscal year 2027 only to the extent provided in advance in
appropriations Acts.
In addition, up to $1,000,000 to be derived from fees collected
pursuant to section 303(c) of the Social Security Protection Act, which
shall remain available until expended.
office of inspector general
(including transfer of funds)
For expenses necessary for the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$32,000,000, together with not to exceed $82,665,000, to be transferred
and expended as authorized by section 201(g)(1) of the Social Security
Act from the Federal Old-Age and Survivors Insurance Trust Fund and the
Federal Disability Insurance Trust Fund: Provided, That $2,000,000
shall remain available until expended for information technology
modernization, including related hardware and software infrastructure
and equipment, and for administrative expenses directly associated with
information technology modernization.
In addition, an amount not to exceed 3 percent of the total
provided in this appropriation may be transferred from the ``Limitation
on Administrative Expenses'', Social Security Administration, to be
merged with this account, to be available for the time and purposes for
which this account is available: Provided, That notice of such
transfers shall be transmitted promptly to the Committees on
Appropriations of the House of Representatives and the Senate at least
15 days in advance of any transfer.
TITLE V
GENERAL PROVISIONS
(transfer of funds)
Sec. 501. The Secretaries of Labor, Health and Human Services, and
Education are authorized to transfer unexpended balances of prior
appropriations to accounts corresponding to current appropriations
provided in this Act. Such transferred balances shall be used for the
same purpose, and for the same periods of time, for which they were
originally appropriated.
Sec. 502. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 503. (a) No part of any appropriation contained in this Act or
transferred pursuant to section 4002 of Public Law 111-148 shall be
used, other than for normal and recognized executive-legislative
relationships, for publicity or propaganda purposes, for the
preparation, distribution, or use of any kit, pamphlet, booklet,
publication, electronic communication, radio, television, or video
presentation designed to support or defeat the enactment of legislation
before the Congress or any State or local legislature or legislative
body, except in presentation to the Congress or any State or local
legislature itself, or designed to support or defeat any proposed or
pending regulation, administrative action, or order issued by the
executive branch of any State or local government, except in
presentation to the executive branch of any State or local government
itself.
b
No part of any appropriation contained in this Act or
transferred pursuant to section 4002 of Public Law 111-148 shall be
used to pay the salary or expenses of any grant or contract recipient,
or agent acting for such recipient, related to any activity designed to
influence the enactment of legislation, appropriations, regulation,
administrative action, or Executive order proposed or pending before
the Congress or any State government, State legislature or local
legislature or legislative body, other than for normal and recognized
executive-legislative relationships or participation by an agency or
officer of a State, local or Tribal government in policymaking and
administrative processes within the executive branch of that
government.
c
The prohibitions in subsections (a) and (b) shall include any
activity to advocate or promote any proposed, pending or future
Federal, State or local tax increase, or any proposed, pending, or
future requirement or restriction on any legal consumer product,
including its sale or marketing, including but not limited to the
advocacy or promotion of gun control.
Sec. 504. The Secretaries of Labor and Education are authorized to
make available not to exceed $28,000 and $20,000, respectively, from
funds available for salaries and expenses under titles I and III,
respectively, for official reception and representation expenses; the
Director of the Federal Mediation and Conciliation Service is
authorized to make available for official reception and representation
expenses not to exceed $5,000 from the funds available for ``Federal
Mediation and Conciliation Service, Salaries and Expenses''; and the
Chairman of the National Mediation Board is authorized to make
available for official reception and representation expenses not to
exceed $5,000 from funds available for ``National Mediation Board,
Salaries and Expenses''.
Sec. 505. When issuing statements, press releases, requests for
proposals, bid solicitations and other documents describing projects or
programs funded in whole or in part with Federal money, all grantees
receiving Federal funds included in this Act, including but not limited
to State and local governments and recipients of Federal research
grants, shall clearly state--
(1) the percentage of the total costs of the program or
project which will be financed with Federal money;
(2) the dollar amount of Federal funds for the project or
program; and
(3) percentage and dollar amount of the total costs of the
project or program that will be financed by non-governmental
sources.
Sec. 506. (a) None of the funds appropriated in this Act, and none
of the funds in any trust fund to which funds are appropriated in this
Act, shall be expended for any abortion.
b
None of the funds appropriated in this Act, and none of the
funds in any trust fund to which funds are appropriated in this Act,
shall be expended for health benefits coverage that includes coverage
of abortion.
c
The term ``health benefits coverage'' means the package of
services covered by a managed care provider or organization pursuant to
a contract or other arrangement.
Sec. 507. (a) The limitations established in the preceding section
shall not apply to an abortion--
(1) if the pregnancy is the result of an act of rape or
incest; or
(2) in the case where a woman suffers from a physical
disorder, physical injury, or physical illness, including a
life-endangering physical condition caused by or arising from
the pregnancy itself, that would, as certified by a physician,
place the woman in danger of death unless an abortion is
performed.
b
Nothing in the preceding section shall be construed as
prohibiting the expenditure by a State, locality, entity, or private
person of State, local, or private funds (other than a State's or
locality's contribution of Medicaid matching funds).
c
Nothing in the preceding section shall be construed as
restricting the ability of any managed care provider from offering
abortion coverage or the ability of a State or locality to contract
separately with such a provider for such coverage with State funds
(other than a State's or locality's contribution of Medicaid matching
funds).
d
(1) None of the funds made available in this Act may be made
available to a Federal agency or program, or to a State or local
government, if such agency, program, or government subjects any
institutional or individual health care entity to discrimination on the
basis that the health care entity does not provide, pay for, provide
coverage of, or refer for abortions.
(2) In this subsection, the term ``health care entity'' includes an
individual physician or other health care professional, a hospital, a
provider-sponsored organization, a health maintenance organization, a
health insurance plan, or any other kind of health care facility,
organization, or plan.
Sec. 508. (a) None of the funds made available in this Act may be
used for--
(1) the creation of a human embryo or embryos for research
purposes; or
(2) research in which a human embryo or embryos are
destroyed, discarded, or knowingly subjected to risk of injury
or death greater than that allowed for research on fetuses in
utero under 45 CFR 46.204(b) and section 498(b) of the Public
Health Service Act (42 U.S.C. 289g(b)).
b
For purposes of this section, the term ``human embryo or
embryos'' includes any organism, not protected as a human subject under
45 CFR 46 as of the date of the enactment of this Act, that is derived
by fertilization, parthenogenesis, cloning, or any other means from one
or more human gametes or human diploid cells.
Sec. 509. (a) None of the funds made available in this Act may be
used for any activity that promotes the legalization of any drug or
other substance included in schedule I of the schedules of controlled
substances established under section 202 of the Controlled Substances
Act except for normal and recognized executive-congressional
communications.
b
The limitation in subsection (a) shall not apply when there is
significant medical evidence of a therapeutic advantage to the use of
such drug or other substance or that federally sponsored clinical
trials are being conducted to determine therapeutic advantage.
Sec. 510. None of the funds made available in this Act may be used
to promulgate or adopt any final standard under section 1173(b) of the
Social Security Act providing for, or providing for the assignment of,
a unique health identifier for an individual (except in an individual's
capacity as an employer or a health care provider), until legislation
is enacted specifically approving the standard.
Sec. 511. None of the funds made available in this Act may be
obligated or expended to enter into or renew a contract with an entity
if--
(1) such entity is otherwise a contractor with the United
States and is subject to the requirement in 38 U.S.C. 4212(d)
regarding submission of an annual report to the Secretary of
Labor concerning employment of certain veterans; and
(2) such entity has not submitted a report as required by
that section for the most recent year for which such
requirement was applicable to such entity.
Sec. 512. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government, except pursuant to a transfer made by, or transfer
authority provided in, this Act or any other appropriation Act.
Sec. 513. None of the funds made available by this Act to carry
out the Library Services and Technology Act may be made available to
any library covered by paragraph (1) of section 224(f) of such Act, as
amended by the Children's Internet Protection Act, unless such library
has made the certifications required by paragraph (4) of such section.
Sec. 514. (a) None of the funds provided under this Act, or
provided under previous appropriations Acts to the agencies funded by
this Act that remain available for obligation or expenditure in fiscal
year 2026, or provided from any accounts in the Treasury of the United
States derived by the collection of fees available to the agencies
funded by this Act, shall be available for obligation or expenditure
through a reprogramming of funds that--
(1) creates new programs;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel by any means for any
project or activity for which funds have been denied or
restricted;
(4) relocates an office or employees;
(5) reorganizes or renames offices;
(6) reorganizes programs or activities; or
(7) contracts out or privatizes any functions or activities
presently performed by Federal employees;
unless the Committees on Appropriations of the House of Representatives
and the Senate are consulted 15 days in advance of such reprogramming
or of an announcement of intent relating to such reprogramming,
whichever occurs earlier, and are notified in writing 10 days in
advance of such reprogramming.
b
None of the funds provided under this Act, or provided under
previous appropriations Acts to the agencies funded by this Act that
remain available for obligation or expenditure in fiscal year 2026, or
provided from any accounts in the Treasury of the United States derived
by the collection of fees available to the agencies funded by this Act,
shall be available for obligation or expenditure through a
reprogramming of funds in excess of $500,000 or 10 percent, whichever
is less, that--
(1) augments existing programs, projects (including
construction projects), or activities;
(2) reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent as
approved by Congress; or
(3) results from any general savings from a reduction in
personnel which would result in a change in existing programs,
activities, or projects as approved by Congress;
unless the Committees on Appropriations of the House of Representatives
and the Senate are consulted 15 days in advance of such reprogramming
or of an announcement of intent relating to such reprogramming,
whichever occurs earlier, and are notified in writing 10 days in
advance of such reprogramming.
Sec. 515. (a) None of the funds made available in this Act may be
used to request that a candidate for appointment to a Federal
scientific advisory committee disclose the political affiliation or
voting history of the candidate or the position that the candidate
holds with respect to political issues not directly related to and
necessary for the work of the committee involved.
b
None of the funds made available in this Act may be used to
disseminate information that is deliberately false or misleading.
Sec. 516. Within 45 days of enactment of this Act, each department
and related agency funded through this Act shall submit an operating
plan that details at the program, project, and activity level any
funding allocations for fiscal year 2026 that are different than those
specified in this Act, the explanatory statement described in section 4
(in the matter preceding division A of this consolidated Act) or the
fiscal year 2026 budget request.
Sec. 517. The Secretaries of Labor, Health and Human Services, and
Education shall each prepare and submit to the Committees on
Appropriations of the House of Representatives and the Senate a report
on the number and amount of contracts, grants, and cooperative
agreements exceeding $500,000, individually or in total for a
particular project, activity, or programmatic initiative, in value and
awarded by the Department on a non-competitive basis during each
quarter of fiscal year 2026, but not to include grants awarded on a
formula basis or directed by law. Such report shall include the name of
the contractor or grantee, the amount of funding, the governmental
purpose, including a justification for issuing the award on a non-
competitive basis. Such report shall be transmitted to the Committees
within 30 days after the end of the quarter for which the report is
submitted.
Sec. 518. None of the funds appropriated in this Act shall be
expended or obligated by the Commissioner of Social Security, for
purposes of administering Social Security benefit payments under title
II of the Social Security Act, to process any claim for credit for a
quarter of coverage based on work performed under a social security
account number that is not the claimant's number and the performance of
such work under such number has formed the basis for a conviction of
the claimant of a violation of section 208(a)(6) or (7) of the Social
Security Act.
Sec. 519. None of the funds appropriated by this Act may be used
by the Commissioner of Social Security or the Social Security
Administration to pay the compensation of employees of the Social
Security Administration to administer Social Security benefit payments,
under any agreement between the United States and Mexico establishing
totalization arrangements between the social security system
established by title II of the Social Security Act and the social
security system of Mexico, which would not otherwise be payable but for
such agreement.
Sec. 520. (a) None of the funds made available in this Act may be
used to maintain or establish a computer network unless such network
blocks the viewing, downloading, and exchanging of pornography.
b
Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, Tribal, or local law enforcement
agency or any other entity carrying out criminal investigations,
prosecution, or adjudication activities.
Sec. 521. For purposes of carrying out Executive Order 13589,
Office of Management and Budget Memorandum M-12-12 dated May 11, 2012,
and requirements contained in the annual appropriations bills relating
to conference attendance and expenditures:
(1) the operating divisions of HHS shall be considered
independent agencies; and
(2) attendance at and support for scientific conferences
shall be tabulated separately from and not included in agency
totals.
Sec. 522. Federal agencies funded under this Act shall clearly
state within the text, audio, or video used for advertising or
educational purposes, including emails or Internet postings, that the
communication is printed, published, or produced and disseminated at
United States taxpayer expense. The funds used by a Federal agency to
carry out this requirement shall be derived from amounts made available
to the agency for advertising or other communications regarding the
programs and activities of the agency.
Sec. 523. Not later than 30 days after the end of each calendar
quarter, beginning with the first month of fiscal year 2026 the
Departments of Labor, Health and Human Services and Education and the
Social Security Administration shall provide the Committees on
Appropriations of the House of Representatives and Senate a report on
the status of balances of appropriations: Provided, That for balances
that are unobligated and uncommitted, committed, and obligated but
unexpended, the monthly reports shall separately identify the amounts
attributable to each source year of appropriation (beginning with
fiscal year 2012, or, to the extent feasible, earlier fiscal years)
from which balances were derived.
Sec. 524. The Departments of Labor, Health and Human Services, and
Education and the Corporation for National and Community Service shall
notify the Committees on Appropriations of the House of Representatives
and the Senate not less than 3 full business days prior to announcing
or providing notice of--
(1) any new or non-competing continuation grant, including
supplements, issued at the discretion of such Departments
(other than emergency response grants at any time of the year
or for grant awards made during the last 10 business days of
the fiscal year, or if applicable, of the program year); and
(2) the termination or non-continuation of any grant,
including a short description of the reason for the termination
or non-continuation.
Sec. 525. Notwithstanding any other provision of this Act, no
funds appropriated in this Act shall be used to purchase sterile
needles or syringes for the hypodermic injection of any illegal drug:
Provided, That such limitation does not apply to the use of funds for
elements of a program other than making such purchases if the relevant
State or local health department, in consultation with the Centers for
Disease Control and Prevention, determines that the State or local
jurisdiction, as applicable, is experiencing, or is at risk for, a
significant increase in hepatitis infections or an HIV outbreak due to
injection drug use, and such program is operating in accordance with
State and local law.
Sec. 526. Each department and related agency funded through this
Act shall provide answers to questions submitted for the record by
members of the Committee within 45 business days after receipt.
Sec. 527. Of amounts deposited in the Child Enrollment Contingency
Fund under section 2104(n)(2) of the Social Security Act and the income
derived from investment of those funds pursuant to section
2104(n)(2)(C) of that Act, $12,340,000,000 shall not be available for
obligation in this fiscal year.
(rescission)
Sec. 528. Of the unobligated balances of amounts made available in
section 10301(1)(A)(iii) of Public Law 117-169, $11,661,000,000 are
hereby rescinded.
Sec. 529. (a) This section applies to: (1) the Administration for
Children and Families in the Department of Health and Human Services;
and (2) the Chief Evaluation Office and the statistical-related
cooperative and interagency agreements and contracting activities of
the Bureau of Labor Statistics in the Department of Labor.
b
Amounts made available under this Act which are either
appropriated, allocated, advanced on a reimbursable basis, or
transferred to the functions and organizations identified in subsection
a
for research, evaluation, or statistical purposes shall be
available for obligation through September 30, 2030: Provided, That
when an office referenced in subsection (a) receives research and
evaluation funding from multiple appropriations, such offices may use a
single Treasury account for such activities, with funding advanced on a
reimbursable basis.
c
Amounts referenced in subsection (b) that are unexpended at the
time of completion of a contract, grant, or cooperative agreement may
be deobligated and shall immediately become available and may be
reobligated in that fiscal year or the subsequent fiscal year for the
research, evaluation, or statistical purposes for which such amounts
are available.
(rescission)
Sec. 530. Of the unobligated balances of funds made available by
sections 2023, 2206, 2301, 2302, 2303, 2401, 2402, 2403, 2404, 2501,
2502, 2601, 2602, 2603, 2605, 2701, 2702, 2703, 2704, 2705, 2706, 2707,
2708, 2709, 2710, 2711, 2712, 2713, 2904, 2912, 3101, and 9911 of the
American Rescue Plan Act of 2021 (Public Law 117-2), $2,000,000,000 are
hereby rescinded: Provided, That not later than 60 days after the date
of enactment of this Act, the Secretary of Health and Human Services
shall submit to the Committees on Appropriations of the House of
Representatives and the Senate a report specifying the unobligated
balances rescinded pursuant to this section by both account and amount
from each applicable appropriation in Public Law 117-2.
This division may be cited as the ``Departments of Labor, Health
and Human Services, and Education, and Related Agencies Appropriations
Act, 2026''.
DIVISION D--TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2026
TITLE I
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
salaries and expenses
(including transfer of funds)
For necessary expenses of the Office of the Secretary,
$187,344,000, to remain available until September 30, 2027: Provided,
That of the sums appropriated under this heading--
(1) $3,764,000 shall be available for the immediate Office
of the Secretary;
(2) $1,348,000 shall be available for the immediate Office
of the Deputy Secretary;
(3) $27,780,000 shall be available for the Office of the
General Counsel: Provided, That the Secretary of
Transportation (referred to in this title as ``the Secretary'')
shall report to the House and Senate Committees on
Appropriations on the implementation of all sections under
title V of the FAA Reauthorization Act of 2024 (Public Law 118-
63) not later than 90 days after enactment of this Act;
(4) $21,358,000 shall be available for the Office of the
Under Secretary of Transportation for Policy, of which
$5,000,000 is for the Office for Multimodal Freight
Infrastructure and Policy: Provided, That the Secretary must
obtain reprogramming approval from the House and Senate
Committees on Appropriations under section 405 of this Act
prior to executing the authorities of section 118(g)(2)-(3) of
title 49, United States Code;
(5) $21,505,000 shall be available for the Office of the
Assistant Secretary for Budget and Programs;
(6) $3,807,000 shall be available for the Office of the
Assistant Secretary for Governmental Affairs;
(7) $16,181,000 shall be available for the Office of the
Assistant Secretary for Administration;
(8) $5,664,000 shall be available for the Office of Public
Affairs and Public Engagement;
(9) $2,332,000 shall be available for the Office of the
Executive Secretariat;
(10) $19,388,000 shall be available for the Office of
Intelligence, Security, and Emergency Response;
(11) $1,707,000 shall be available for the Office of the
Chief Information Officer;
(12) $1,517,000 shall be available for the Office of Tribal
Government Affairs; and
(13) $60,993,000 shall be available for shared services as
authorized in section 327 of title 49, United States Code, for
the Office of the Secretary that would otherwise be provided by
the Working Capital Fund, in addition to amounts otherwise
available for such purposes:
Provided further, That the Secretary is authorized to transfer funds
appropriated under this heading among the purposes specified in the
first proviso under this heading: Provided further, That such
transfers combined shall not increase or decrease the amount
appropriated for any purpose specified in the first proviso under this
heading by more than 7 percent: Provided further, That notice of any
change in funding greater than 7 percent shall be submitted for
approval to the House and Senate Committees on Appropriations not later
than 7 business days in advance of any such change: Provided further,
That not to exceed $70,000 shall be for allocation within the
Department for official reception and representation expenses as the
Secretary may determine: Provided further, That notwithstanding any
other provision of law, there may be credited to this appropriation up
to $2,500,000 in funds received in user fees.
research and technology
For necessary expenses related to the Office of the Assistant
Secretary for Research and Technology, $74,471,000, of which
$56,000,000 shall remain available until expended: Provided, That of
such amounts that are available until expended, $9,000,000 shall be for
necessary expenses of the Advanced Research Projects Agency--
Infrastructure (ARPA-I) as authorized by section 119 of title 49,
United States Code: Provided further, That within the funds made
available under the preceding proviso, not less than $7,000,000 shall
be available for research on durability, resiliency, and sustainability
of bridges and other infrastructure and shall be directed to an
accredited university of higher education in the northeast United
States that has experience leading a regional university transportation
center and a proven record of developing, patenting, deploying, and
commercializing innovative composite materials and technologies for
bridge and other transportation applications, as well as conducting
research and developing prototypes using very large-scale polymer-based
additive manufacturing: Provided further, That of such amounts that
are available until expended, $4,000,000 shall be for the Highly
Automated Systems Safety Center of Excellence as authorized in section
105 of title I of division H of the Further Consolidated Appropriations
Act, 2020 (Public Law 116-94): Provided further, That of such amounts
that are available until expended, $3,000,000 shall be for activities
relating to complementary positioning, navigation, and timing
technologies demonstrations as identified in the U.S. Department of
Transportation Complementary PNT Action Plan (March 2024): Provided
further, That of such amounts that are available until expended,
$10,000,000 shall be for the drone infrastructure inspection grant
program authorized in section 912 of Public Law 118-63: Provided
further, That, notwithstanding subsection (g)(2) of such section 912,
amounts made available under section 106(k) of title 49, United States
Code, shall not be available to carry out such program: Provided
further, That of amounts made available for the drone infrastructure
inspection grant program, $1,000,000 shall be available for
administrative expenses: Provided further, That of such amounts that
are available until expended, $30,000,000 shall be for research on
transportation resilience and nuclear technology and shall be directed,
without competition, to a university of higher education, as defined
under 20 U.S.C. 1067(q)(1), that has a nuclear engineering program and
experience as a consortium member of a university transportation center
that conducts research on transportation cybersecurity and resiliency:
Provided further, That there may be credited to this appropriation, to
be available until expended, funds received from States, counties,
municipalities, other public authorities, and private sources for
expenses incurred for training: Provided further, That any reference
in law, regulation, judicial proceedings, or elsewhere to the Research
and Innovative Technology Administration shall continue to be deemed to
be a reference to the Office of the Assistant Secretary for Research
and Technology of the Department of Transportation.
national infrastructure investments
(including transfer of funds)
For necessary expenses to carry out a local and regional project
assistance grant program under section 6702 of title 49, United States
Code, $145,000,000, to remain available until expended: Provided, That
section 6702(f)(2) of title 49, United States Code, shall not apply to
amounts made available under this heading in this Act: Provided
further, That of the amounts made available under this heading in this
Act, not less than 5 percent shall be awarded to projects in
historically disadvantaged communities or areas of persistent poverty
as defined under section 6702(a)(1) of title 49, United States Code:
Provided further, That grants awarded under this heading in this Act
for eligible projects for planning, preparation, or design shall not be
subject to a minimum grant size: Provided further, That in
distributing amounts made available under this heading in this Act, the
Secretary shall take such measures so as to ensure an equitable
geographic distribution of funds, an appropriate balance in addressing
the needs of urban and rural areas, including Tribal areas, and the
investment in a variety of transportation modes: Provided further,
That for amounts made available under this heading in this Act, the
Secretary shall give priority to projects that require a contribution
of Federal funds in order to complete an overall financing package:
Provided further, That section 6702(f)(1) of title 49, United States
Code, shall not apply to amounts made available under this heading in
this Act: Provided further, That of the amounts awarded under this
heading in this Act, not more than 50 percent shall be allocated for
eligible projects located in rural areas and not more than 50 percent
shall be allocated for eligible projects located in urbanized areas:
Provided further, That for the purpose of determining if an award for
planning, preparation, or design under this heading in this Act is an
urban award, the project location is the location of the project being
planned, prepared, or designed: Provided further, That the Secretary
may retain up to 2 percent of the amounts made available under this
heading in this Act, and may transfer portions of such amounts to the
Administrators of the Federal Aviation Administration, the Federal
Highway Administration, the Federal Transit Administration, the Federal
Railroad Administration and the Maritime Administration to fund the
award and oversight of grants and credit assistance made under the
program authorized under section 6702 of title 49, United States Code:
Provided further, That for amounts made available under this heading in
this Act, the Secretary shall consider and award projects based solely
on the selection criteria as identified under section 6702(d)(3) and
d
(4) of title 49, United States Code.
national surface transportation and innovative finance bureau
For necessary expenses of the National Surface Transportation and
Innovative Finance Bureau as authorized by 49 U.S.C. 116, $9,250,000,
to remain available until expended: Provided, That the Secretary may
collect and spend fees, as authorized by title 23, United States Code,
to cover the costs of services of expert firms, including counsel, in
the field of municipal and project finance to assist in the
underwriting and servicing of Federal credit instruments and all or a
portion of the costs to the Federal Government of servicing such credit
instruments: Provided further, That such fees are available until
expended to pay for such costs: Provided further, That such amounts
are in addition to other amounts made available for such purposes and
are not subject to any obligation limitation or the limitation on
administrative expenses under section 608 of title 23, United States
Code.
rural and tribal infrastructure advancement
For necessary expenses to carry out rural and Tribal infrastructure
advancement as authorized in section 21205 of Public Law 117-58,
$10,000,000, to remain available until September 30, 2028: Provided,
That the Secretary may enter into cooperative agreements with
philanthropic entities, non-profit organizations, other Federal
agencies, State or local governments and their agencies, Indian Tribes,
or other technical assistance providers, to provide such technical
assistance, planning, and capacity building to State, local, or Tribal
governments, United States territories, metropolitan planning
organizations, transit agencies, or other political subdivisions of
State or local governments.
railroad rehabilitation and improvement financing program
The Secretary is authorized to issue direct loans and loan
guarantees pursuant to chapter 224 of title 49, United States Code, and
such authority shall exist as long as any such direct loan or loan
guarantee is outstanding.
financial management capital
For necessary expenses for upgrading and enhancing the Department
of Transportation's financial systems and re-engineering business
processes, $5,000,000, to remain available through September 30, 2027.
cyber security initiatives
For necessary expenses for cyber security initiatives, including
necessary upgrades to network and information technology
infrastructure, improvement of identity management and authentication
capabilities, securing and protecting data, implementation of Federal
cyber security initiatives, and implementation of enhanced security
controls on agency computers and mobile devices, $60,000,000, to remain
available until September 30, 2027.
office of civil rights
For necessary expenses of the Office of Civil Rights, $11,761,000.
transportation planning, research, and development
(including transfer of funds)
For necessary expenses for conducting transportation planning,
research, systems development, development activities, and making
grants, $32,043,000, to remain available until expended: Provided,
That of such amount, $5,436,000 shall be for necessary expenses of the
Interagency Infrastructure Permitting Improvement Center (IIPIC):
Provided further, That there may be transferred to this appropriation,
to remain available until expended, amounts transferred from other
Federal agencies for expenses incurred under this heading for IIPIC
activities not related to transportation infrastructure: Provided
further, That the tools and analysis developed by the IIPIC shall be
available to other Federal agencies for the permitting and review of
major infrastructure projects not related to transportation only to the
extent that other Federal agencies provide funding to the Department in
accordance with the preceding proviso: Provided further, That of the
amounts made available under this heading, $9,647,000 shall be for the
purposes, and in the amounts, specified for Community Project Funding/
Congressionally Directed Spending in the table entitled ``Community
Project Funding/Congressionally Directed Spending'' included for this
division in the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act): Provided
further, That amounts made available in the preceding proviso for such
purposes shall not diminish or prejudice any application or geographic
region for other discretionary grant or loan awards made by the
Department of Transportation: Provided further, That of the amounts
made available under this heading, $2,000,000 shall be made available
for an independent review of airspace design, civil-military
coordination, and operational safety in the National Capital Region,
with particular focus on airspace activities at Ronald Reagan
Washington National Airport, as specified under the paragraph entitled
``Flight 5342'' in Senate Report 119-47.
working capital fund
(including transfer of funds)
For necessary expenses for operating costs and capital outlays of
the Working Capital Fund as authorized in section 327 of title 49,
United States Code, not to exceed $764,965,000, shall be paid from
appropriations made available to the Department of Transportation:
Provided, That such services shall be provided on a competitive basis
to entities within the Department of Transportation: Provided further,
That the limitation under this heading on operating expenses shall not
apply to entities external to the Department of Transportation or for
funds provided in Public Law 117-58: Provided further, That no funds
made available by this Act to an agency of the Department shall be
transferred to the Working Capital Fund without majority approval of
the Working Capital Fund Steering Committee and approval of the
Secretary: Provided further, That no assessments may be levied against
any program, budget activity, subactivity, or project funded by this
Act unless notice of such assessments and the basis therefor are
presented to the House and Senate Committees on Appropriations and are
approved by such Committees: Provided further, That the Secretary may
provide non-commodity information technology and procurement services
in a consolidated or shared manner for operating administrations
through the Working Capital Fund: Provided further, That the preceding
proviso shall not apply to the Federal Aviation Administration, the
Great Lakes St. Lawrence Seaway Development Corporation, and the Office
of Inspector General: Provided further, That an operating
administration may determine that certain non-commodity information
technology and procurement services do not provide a direct benefit to
the operating administration and shall not be required to obligate
funds appropriated by this Act to the Office of the Secretary pursuant
to section 188 of this Act: Provided further, That if the
determination in the preceding proviso concludes that non-commodity
information technology and procurement services do not provide a direct
benefit to the operating administration, those services shall remain
within the operating administration: Provided further, That not less
than 30 days prior to using the authority provided in the preceding
four provisos, the Secretary shall provide the House and Senate
Committees on Appropriations a plan describing the non-commodity
information technology and procurement services consolidated or shared
through the Working Capital Fund: Provided further, That the Secretary
shall provide monthly briefings to the House and Senate Committees on
Appropriations on all activities relating to non-commodity information
technology and procurement services as authorized under this heading,
including: (1) the amount of funding participating operating
administrations provide the Working Capital Fund for programming and
full time equivalent positions, including reimbursable and non-
reimbursable details, to support non-commodity information technology
and procurement services as authorized under this heading; and (2) the
number of full time equivalent positions in the Office of the Chief
Information Officer within the Office of the Secretary and the Office
of the Assistant Secretary for Administration within the Office of the
Secretary to support non-commodity information technology and
procurement services as authorized under this heading: Provided
further, That the Secretary shall include funding for programming and
full time equivalent positions to support non-commodity information
technology and procurement services, as authorized under this heading,
in the congressional budget justification for fiscal year 2027 for the
Working Capital Fund, the Office of the Chief Information Officer
within the Office of the Secretary, the Office of the Assistant
Secretary for Administration within the Office of the Secretary, and
each participating operating administration: Provided further, That
unless otherwise specified under this heading, the Working Capital Fund
shall only deliver services consisting of administration and commodity
information technology: Provided further, That the departmental
consolidation of activities including human resources, governmental
affairs, public affairs and public engagement, and civil rights in the
Working Capital Fund are prohibited: Provided further, That amounts
within the Working Capital Fund are not available to provide services
not specifically authorized under this heading.
small and disadvantaged business utilization and outreach
For necessary expenses for small and disadvantaged business
utilization and outreach activities, $5,330,000, to remain available
until September 30, 2027: Provided, That not less than 6 small
business transportation resource centers shall be maintained and
operated: Provided further, That notwithstanding section 332 of title
49, United States Code, such amounts may be used for business
opportunities related to any mode of transportation: Provided further,
That appropriations made available under this heading shall be
available for any purpose consistent with prior year appropriations
that were made available under the heading ``Office of the Secretary--
Minority Business Resource Center Program''.
payments to air carriers
(airport and airway trust fund)
In addition to funds made available from any other source to carry
out the essential air service program under sections 41731 through
41742 of title 49, United States Code, $513,637,231, to be derived from
the Airport and Airway Trust Fund, to remain available until expended:
Provided, That in determining between or among carriers competing to
provide service to a community, the Secretary may consider the relative
subsidy requirements of the carriers: Provided further, That basic
essential air service minimum requirements shall not include the 15-
passenger capacity requirement under section 41732(b)(3) of title 49,
United States Code: Provided further, That amounts authorized to be
distributed for the essential air service program under section
41742(b) of title 49, United States Code, shall be made available
immediately from amounts otherwise provided to the Administrator of the
Federal Aviation Administration: Provided further, That the
Administrator may reimburse such amounts from fees credited to the
account established under section 45303 of title 49, United States
Code: Provided further, That, notwithstanding section 41733 of title
49, United States Code, for fiscal year 2026, the requirements
established under subparagraphs (B) and (C) of section 41731(a)(1) of
title 49, United States Code, shall not apply to maintain eligibility
under section 41731 of title 49, United States Code.
administrative provisions--office of the secretary of transportation
(including rescissions)
(including transfer of funds)
Sec. 101. None of the funds made available by this Act to the
Department of Transportation may be obligated for the Office of the
Secretary of Transportation to approve assessments or reimbursable
agreements pertaining to funds appropriated to the operating
administrations in this Act, except for activities underway on the date
of enactment of this Act, unless such assessments or agreements have
completed the normal reprogramming process for congressional
notification.
Sec. 102. The Secretary shall post on the website of the
Department of Transportation a schedule of all meetings of the Council
on Credit and Finance, including the agenda for each meeting, and
require the Council on Credit and Finance to record the decisions and
actions of each meeting.
Sec. 103. In addition to authority provided by section 327 of
title 49, United States Code, the Department's Working Capital Fund is
authorized to provide partial or full payments in advance and accept
subsequent reimbursements from all Federal agencies from available
funds for transit benefit distribution services that are necessary to
carry out the Federal transit pass transportation fringe benefit
program under Executive Order No. 13150 and section 3049 of SAFETEA-LU
(5 U.S.C. 7905 note): Provided, That the Department shall maintain a
reasonable operating reserve in the Working Capital Fund, to be
expended in advance to provide uninterrupted transit benefits to
Government employees: Provided further, That such reserve shall not
exceed 1 month of benefits payable and may be used only for the purpose
of providing for the continuation of transit benefits: Provided
further, That the Working Capital Fund shall be fully reimbursed by
each customer agency from available funds for the actual cost of the
transit benefit.
Sec. 104. Receipts collected in the Department's Working Capital
Fund, as authorized by section 327 of title 49, United States Code, for
unused transit and van pool benefits, in an amount not to exceed 10
percent of fiscal year 2026 collections, shall be available until
expended in the Department's Working Capital Fund to provide
contractual services in support of section 189 of this Act: Provided,
That obligations in fiscal year 2026 of such collections shall not
exceed $1,000,000.
Sec. 105. None of the funds in this title may be obligated or
expended for retention or senior executive bonuses for an employee of
the Department of Transportation without the prior written approval of
the Assistant Secretary for Administration.
Sec. 106. In addition to authority provided by section 327 of
title 49, United States Code, the Department's Administrative Working
Capital Fund is hereby authorized to transfer information technology
equipment, software, and systems from departmental sources or other
entities and collect and maintain a reserve at rates which will return
full cost of transferred assets.
Sec. 107. None of the funds provided in this Act to the Department
of Transportation may be used to provide credit assistance unless not
less than 3 days before any application approval to provide credit
assistance under sections 603 and 604 of title 23, United States Code,
the Secretary provides notification in writing to the following
committees: the House and Senate Committees on Appropriations; the
Committee on Environment and Public Works and the Committee on Banking,
Housing and Urban Affairs of the Senate; and the Committee on
Transportation and Infrastructure of the House of Representatives:
Provided, That such notification shall include, but not be limited to,
the name of the project sponsor; a description of the project; whether
credit assistance will be provided as a direct loan, loan guarantee, or
line of credit; and the amount of credit assistance.
Sec. 108. (a) Amounts made available to the Secretary of
Transportation or the Department of Transportation's operating
administrations in this Act for the costs of award, administration, or
oversight of financial assistance under the programs identified in
subsection (c) may be transferred to the account identified in section
801 of division J of Public Law 117-58, as amended by section 425 of
title IV of division L of Public Law 117-103, to remain available until
expended, for the necessary expenses of award, administration, or
oversight of any financial assistance programs in the Department of
Transportation.
b
Amounts transferred under the authority in this section are
available in addition to amounts otherwise available for such purpose.
c
The programs from which funds made available under this Act may
be transferred under subsection (a) are--
(1) the local and regional project assistance program under
section 6702 of title 49, United States Code;
(2) the university transportation centers program under
section 5505 of title 49, United States Code; and
(3) the drone infrastructure inspection grant program as
authorized by section 912 of title IX of Public Law 118-63.
Sec. 109. The Secretary of Transportation may transfer amounts
awarded to a federally recognized Tribe under a funding agreement
entered into under part 29 of title 49, Code of Federal Regulations,
from the Department of Transportation's operating administrations to
the Office of Tribal Government Affairs: Provided, That any amounts
retroceded or reassumed under such part may be transferred back to the
appropriate operating administration.
Sec. 109A. For amounts provided for this fiscal year and prior
fiscal years, section 24112(c)(2)(B) of Public Law 117-58 shall be
applied by substituting ``30 percent'' for ``40 percent'': Provided,
That if the Secretary determines that there are insufficient merit-
worthy applications for the amounts provided for fiscal year 2022
through fiscal year 2026 in division J of Public Law 117-58 for
competitive grants as authorized in section 24112 of division B of
Public Law 117-58 to meet the requirement in section 24112(c)(2)(B) for
a fiscal year, the Secretary shall use the unutilized amounts to make
other grants as authorized in section 24112 of division B of Public Law
117-58: Provided further, That amounts repurposed pursuant to this
section shall continue to be treated as amounts specified in section
103(b) of division A of Public Law 118-5.
Sec. 109B. The remaining unobligated balances, as of September 30,
2026, from amounts made available for ``Department of Transportation--
Office of the Secretary--National Infrastructure Investments'' in
division J of Public Law 117-58 for local and regional project
assistance under section 6702 of title 49, United States Code, for
fiscal year 2022 are hereby permanently rescinded, and an amount of
additional new budget authority equivalent to the amount rescinded
pursuant to this section is hereby appropriated on September 30, 2026,
for an additional amount for fiscal year 2026, to remain available
until September 30, 2031, and shall be available, without additional
competition, for completing the funding of awards made pursuant to
section 6702 of title 49, United States Code, for fiscal year 2022
funding, in addition to other funds as may be available for such
purposes: Provided, That the amounts rescinded pursuant to this
section that were previously designated by the Congress as an emergency
requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th
Congress), the concurrent resolution on the budget for fiscal year
2018, and to section 251(b) of the Balanced Budget and Emergency
Deficit Control Act of 1985 are designated by the Congress as an
emergency requirement pursuant to 4001(a)(1) of S. Con. Res 14 (117th
Congress), the concurrent resolution on the budget for fiscal year
2022, and to legislation establishing fiscal year 2026 budget
enforcement in the House of Representatives: Provided further, That
the amount of additional new budget authority is designated by the
Congress as being for an emergency requirement pursuant to such section
4001(a) and to legislation establishing fiscal year 2026 budget
enforcement in the House of Representatives.
Sec. 109C. None of the funds made available by this or any other
Act shall be used to cancel or seek to renegotiate an existing contract
under the essential air service program under subchapter II of chapter
417 of title 49, United States Code, before the standard period of
rebidding occurring prior to a contract's expiration unless in response
to an explicit written request from the EAS Community: Provided, That
this section shall only apply to existing contracts under which the
carrier is in compliance with the contract terms.
Sec. 109D. Of the unobligated balances of funds remaining from--
(1) ``Transportation Planning, Research, and Development''
account in title I of division A of Public Law 111-117,
$108,147.49 is hereby permanently rescinded; and
(2) ``Transportation Planning, Research, and Development''
account in title I of division F of Public Law 108-199,
$744,000 is hereby permanently rescinded.
Sec. 109E. Of the unobligated balances from amounts made available
for ``Railroad Rehabilitation and Improvement Financing Program'' in
section 420 of title IV of division G of Public Law 116-6, $25,476 is
hereby permanently rescinded.
Sec. 109F. Of the unobligated balances from amounts made available
for ``Department of Transportation--Office of the Secretary--Salaries
and Expenses'' in Public Law 119-4, $10,368,826 is hereby permanently
rescinded.
Sec. 109G. Of the unobligated balances from amounts made available
until expended for ``Department of Transportation--Office of the
Secretary--Research and Technology'' in division L of title I of Public
Law 117-103, $1,272,800.79 is hereby permanently rescinded.
Federal Aviation Administration
operations
(airport and airway trust fund)
For necessary expenses of the Federal Aviation Administration
(FAA), not otherwise provided for, including operations and research
activities related to commercial space transportation, administrative
expenses for research and development, establishment of air navigation
facilities, the operation (including leasing) and maintenance of
aircraft, subsidizing the cost of aeronautical charts and maps sold to
the public, the lease or purchase of passenger motor vehicles for
replacement only, $13,710,000,000, to remain available until September
30, 2027, of which $13,040,600,000 to be derived from the Airport and
Airway Trust Fund: Provided, That of the amounts made available under
this heading--
(1) not less than $1,842,037,000 shall be available for
aviation safety activities;
(2) $10,340,667,000 shall be available for air traffic
organization activities;
(3) $41,755,000 shall be available for commercial space
transportation activities;
(4) $963,410,000 shall be available for finance and
management activities;
(5) $65,813,000 shall be available for NextGen and
operations planning activities;
(6) $154,896,000 shall be available for security and
hazardous materials safety activities; and
(7) $301,422,000 shall be available for staff offices:
Provided further, That of the amounts allocated under the previous
proviso--
(A) not less than $379,223,000 shall be for aircraft
certification service;
(B) not less than $100,000,000 shall be for the Office of
Aerospace Medicine;
(C) not less than $279,200,000 shall be used to fund direct
operations of the current air traffic control towers in the
contract tower program, including the contract tower cost share
program, and any airport that is currently qualified or that
will qualify for the program during the fiscal year;
(D) $6,000,000 shall be for the pilot program to convert
high activity air traffic control towers operating under the
contract tower program to FAA staffed visual flight rules
towers, as authorized under section 625 of the FAA
Reauthorization Act of 2024, and to prioritize the contract
towers as required under section 625(a)(2) of such Act;
(E) not less than $16,000,000 shall be for the Office of
Spectrum Engineering;
(F) $6,000,000 shall be for unmanned aircraft system test
ranges;
(G) not less than $7,500,000 shall be for the internship
program authorized under section 404 of the FAA Reauthorization
Act of 2024 (Public Law 118-63);
(H) not less than $1,000,000 shall be for the human
intervention motivation study contract and the flight attendant
drug and alcohol program contract; and
(I) $3,000,000 shall be for the FAA's veterans' pilot
training program:
Provided further, That not to exceed 5 percent of any budget
activity, except for aviation safety budget activity, may be
transferred to any budget activity under this heading: Provided
further, That no transfer may increase or decrease any appropriation
under this heading by more than 5 percent: Provided further, That any
transfer in excess of 5 percent shall be treated as a reprogramming of
funds under section 405 of this Act and shall not be available for
obligation or expenditure except in compliance with the procedures set
forth in that section: Provided further, That not later than 45 days
after the submission of the budget request, the Administrator of the
Federal Aviation Administration shall transmit to Congress an annual
update to the report submitted to Congress in December 2004 pursuant to
section 221 of the Vision 100-Century of Aviation Reauthorization Act
(49 U.S.C. 44506 note): Provided further, That not later than 45 days
after the submission of the budget request, the Administrator shall
transmit to Congress reports that describe a comprehensive strategy for
staffing, hiring, and training of flight standards and aircraft
certification staff, and airway transportation system specialists in a
format similar to the one utilized for the controller staffing plan,
including stated attrition estimates and numerical hiring goals by
fiscal year: Provided further, That the amounts made available under
this heading shall be reduced by $100,000 for each day after 45 days
after the submission of the budget request that reports containing the
information described in the preceding two provisos have not been
transmitted to Congress: Provided further, That funds may be used to
enter into a grant agreement with a nonprofit standard-setting
organization to assist in the development of aviation safety standards:
Provided further, That none of the funds made available by this Act
shall be available for new applicants for the second career training
program: Provided further, That none of the funds made available by
this Act shall be available for the Federal Aviation Administration to
finalize or implement any regulation that would promulgate new aviation
user fees not specifically authorized by law after the date of the
enactment of this Act: Provided further, That there may be credited to
this appropriation, as offsetting collections, funds received from
States, counties, municipalities, foreign authorities, other public
authorities, and private sources for expenses incurred in the provision
of agency services, including receipts for the maintenance and
operation of air navigation facilities, and for issuance, renewal or
modification of certificates, including airman, aircraft, and repair
station certificates, or for tests related thereto, or for processing
major repair or alteration forms: Provided further, That not later
than 120 days after enactment of this Act, the Administrator shall
transmit to the House and Senate Committees on Appropriations a report
on all expenditures related to the contract tower program from the most
recent fiscal year, including a breakout for administrative costs,
contract support expenses, insurance, equipment procured and installed
in contract towers, new starts, and aggregate payments for operating
the contract towers: Provided further, That not later than 180 days
after enactment of this Act, the Administrator shall transmit to the
House and Senate Committees on Appropriations a report on the FAA's
ongoing efforts and future plans to equip contract towers with radar
displays and other technology that the FAA believes are necessary to
enhance aviation safety: Provided further, That none of the funds made
available by this Act for aeronautical charting and cartography are
available for activities conducted by, or coordinated through, the
Working Capital Fund: Provided further, That not less than $4,000,000
of amounts made available for staff offices shall be used to establish
the Office of the Assistant Administrator for Rulemaking and Regulatory
Improvement as authorized under section 106(c) of title 49, United
States Code: Provided further, That none of the funds appropriated or
otherwise made available by this Act or any other Act may be used to
eliminate the contract weather observers program at any airport.
facilities and equipment
(airport and airway trust fund)
For necessary expenses, not otherwise provided for, for
acquisition, establishment, technical support services, improvement by
contract or purchase, and hire of national airspace systems and
experimental facilities and equipment, as authorized under part A of
subtitle VII of title 49, United States Code, including initial
acquisition of necessary sites by lease or grant; engineering and
service testing, including construction of test facilities and
acquisition of necessary sites by lease or grant; construction and
furnishing of quarters and related accommodations for officers and
employees of the Federal Aviation Administration stationed at remote
localities where such accommodations are not available; and the
purchase, lease, or transfer of aircraft from funds made available
under this heading, including aircraft for aviation regulation and
certification; to be derived from the Airport and Airway Trust Fund,
$4,000,000,000, of which $697,850,000 is for personnel and related
expenses and shall remain available until September 30, 2027, and
$3,302,150,000 shall remain available until September 30, 2028:
Provided, That the sums appropriated under this heading in this Act
shall be made available for the purposes, and in the amounts, specified
for spending in the table entitled ``Allocation of FAA Facilities and
Equipment Funding in This Act--Fiscal Year 2026'' included for this
division in the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act): Provided
further, That the sums appropriated under this heading in title VIII of
division J of the Infrastructure Investment and Jobs Act (Public Law
117-58) shall be made available for the purposes, and in the amounts,
specified for spending in the table entitled ``Allocation of FAA
Facilities and Equipment Funding in the Infrastructure Investment and
Jobs Act--Fiscal Year 2026'' included for this division in the
explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act): Provided further, That amounts
repurposed pursuant to the preceding proviso shall continue to be
treated as amounts specified in section 103(b) of division A of Public
Law 118-5: Provided further, That there may be credited to this
appropriation funds received from States, counties, municipalities,
other public authorities, and private sources, for expenses incurred in
the establishment, improvement, and modernization of national airspace
systems: Provided further, That not later than 30 days after
submission of the budget request, the Secretary of Transportation shall
transmit to the Congress an investment plan for the Federal Aviation
Administration which includes funding for each budget line item for
fiscal years 2027 through 2031, with total funding for each year of the
plan constrained to the funding targets for those years as estimated
and approved by the Office of Management and Budget: Provided further,
That section 405 of this Act shall apply to amounts made available
under the heading in this Act and in title VIII of the Infrastructure
Investment and Jobs Act (division J of Public Law 117-58): Provided
further, That, notwithstanding subsections (a)(5) and (a)(6) of such
section 405, unless prior approval is received from the House and
Senate Committees on Appropriations, not to exceed 7 percent of any
funding level specified for projects and activities in the tables
incorporated by reference under this heading may be transferred to any
other funding level specified for projects and activities in such
tables and no transfer of such funding levels may increase or decrease
any funding level in such tables by more than 7 percent.
research, engineering, and development
(airport and airway trust fund)
For necessary expenses, not otherwise provided for, for research,
engineering, and development, as authorized under part A of subtitle
VII of title 49, United States Code, including construction of
experimental facilities and acquisition of necessary sites by lease or
grant, $290,000,000, to be derived from the Airport and Airway Trust
Fund and to remain available until September 30, 2028: Provided, That
there may be credited to this appropriation as offsetting collections,
funds received from States, counties, municipalities, other public
authorities, and private sources, which shall be available for expenses
incurred for research, engineering, and development: Provided further,
That the sums appropriated under this heading shall be made available
for the purposes, and in the amounts, specified in the table entitled
``Research, Engineering, and Development'' included for this division
in the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act): Provided further, That
not to exceed 7 percent of any funding level specified in the table
incorporated by reference under this heading included for this division
in the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act)may be transferred to any
other funding level specified under this heading included for this
division in the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act): Provided
further, That no transfer may increase or decrease any funding level by
more than 7 percent: Provided further, That any transfer in excess of
7 percent shall be treated as a reprogramming of funds under section
405 of this Act and shall not be available for obligation or
expenditure except in compliance with the procedures set forth in that
section: Provided further, That of the amounts made available under
this heading, $40,000,000, to remain available until expended, shall be
for aviation workforce development programs, as authorized under
section 625 of the FAA Reauthorization Act of 2018, as amended (49
U.S.C. 40132 note): Provided further, That of the amounts set aside
under the preceding proviso--
(1) no less than $10,000,000 shall be awarded for
manufacturing workforce grants as authorized under section 625
a
(3) of such Act;
(2) $10,000,000 shall be for not more than two community
colleges that are sponsors of a general aviation airport
identified in the National Plan of Integrated Airport Systems:
Provided, That grants awarded under this paragraph for
community colleges shall be awarded for an amount not less than
$5,000,000 per award: Provided further, That the Secretary may
award such grants under this subsection notwithstanding section
625(b)(2) of the FAA Reauthorization Act of 2018, as amended
(49 U.S.C. 40132 note); and
(3) no less than $20,000,000 shall be awarded to
institutions eligible under paragraphs (1) and (3) of section
1067q(a) of title 20, United States Code, and priority shall be
given to institutions or consortiums of institutions near
commercial aviation manufacturing and military aviation
employment opportunities.
grants-in-aid for airports
(liquidation of contract authorization)
(limitation on obligations)
(airport and airway trust fund)
(including transfer of funds)
For liquidation of obligations incurred for grants-in-aid for
airport planning and development, and noise compatibility planning and
programs as authorized under subchapter I of chapter 471 and subchapter
I of chapter 475 of title 49, United States Code, and under other law
authorizing such obligations; for procurement, installation, and
commissioning of runway incursion prevention devices and systems at
airports of such title; for grants authorized under section 41743 of
title 49, United States Code; and for inspection activities and
administration of airport safety programs, including those related to
airport operating certificates under section 44706 of title 49, United
States Code, $4,000,000,000, to be derived from the Airport and Airway
Trust Fund and to remain available until expended: Provided, That none
of the amounts made available under this heading shall be available for
the planning or execution of programs the obligations for which are in
excess of $4,000,000,000, in fiscal year 2026, notwithstanding section
47117(g) of title 49, United States Code: Provided further, That none
of the amounts made available under this heading shall be available for
the replacement of baggage conveyor systems, reconfiguration of
terminal baggage areas, or other airport improvements that are
necessary to install bulk explosive detection systems: Provided
further, That notwithstanding section 47109(a) of title 49, United
States Code, the Government's share of allowable project costs under
paragraph (2) of such section for subgrants or paragraph (3) of such
section shall be 95 percent for a project at other than a large or
medium hub airport that is a successive phase of a multi-phased
construction project for which the project sponsor received a grant in
fiscal year 2011 for the construction project: Provided further, That
notwithstanding any other provision of law, of amounts limited under
this heading, not less than $160,000,000 shall be available for
administration, $15,000,000 shall be available for the airport
cooperative research program, $41,827,000 shall be available for the
airport technology research program and of which, $6,000,000 shall be
available for the airfield technology program authorized under section
1014 of Public Law 118-63, of which $3,000,000 is for concrete pavement
research and $3,000,000 is for asphalt pavement research, and
$15,000,000, to remain available until expended, shall be available and
transferred to ``Office of the Secretary, Salaries and Expenses'' to
carry out the small community air service development program:
Provided further, That in addition to airports eligible under section
41743 of title 49, United States Code, such program may include the
participation of an airport that serves a community or consortium that
is not larger than a small hub airport, according to Federal Aviation
Administration hub classifications effective at the time the Office of
the Secretary issues a request for proposals.
grants-in-aid for airports
(including transfer of funds)
For an additional amount for ``Grants-In-Aid for Airports'', to
enable the Secretary of Transportation to make grants for projects as
authorized by subchapter 1 of chapter 471 of title 49, United States
Code, subchapter 1 of chapter 475 of such title, and section 767 of the
FAA Reauthorization Act of 2024 (Public Law 118-63), $577,356,000, to
remain available through September 30, 2028: Provided, That amounts
made available under this heading shall be derived from the general
fund, and such funds shall not be subject to apportionment formulas,
special apportionment categories, or minimum percentages under chapter
471 of title 49, United States Code: Provided further, That the
amounts made available under this heading shall not be subject to any
limitation on obligations for the Grants-in-Aid for Airports program
set forth in any Act: Provided further, That of the sums appropriated
under this heading--
(1) $542,356,000 shall be made available for the purposes,
and in the amounts, specified for Community Project Funding/
Congressionally Directed Spending in the table entitled
``Community Project Funding/Congressionally Directed Spending''
for this division in the explanatory statement described in
section 4 (in the matter preceding division A of this
consolidated Act): Provided, That amounts made available in
the preceding proviso for such purposes shall not diminish or
prejudice any application or geographic region for other
discretionary grant or loan awards made by the Department of
Transportation: Provided further, That funds made available
under this section shall not be subject to or considered under
section 47115(j)(3)(B), 47115(j)(3)(C), or 47115(j)(3)(D) of
title 49, United States Code; and
(2) up to $35,000,000 shall be made available to the
Secretary to distribute as discretionary grants to airports
that include, but are not limited to, projects that are
eligible under section 47115(j)(3)(D) of title 49, United
States Code: Provided, That of amounts made available under
this heading, $20,000,000 shall be made available for the
Secretary to distribute as discretionary grants for airports
with scheduled commercial service in calendar year 2024, that
serve essential air service markets as reported in October
2024, reported and certified zero dollars total debt at end of
year on the form FAA-5100-127 submitted before the date of
enactment of this Act for fiscal year 2024, and were allocated
an amount under the heading ``Grants-in-Aid for Airports'' in
division B of Public Law 116-136 equal to or less than the
amount designated for a regional airport under paragraph (4)
under such heading: Provided further, That the funds made
available under the preceding proviso shall be prioritized for
airports participating in the FAA Contract Tower Program:
Provided further, That of the amounts made available under this
heading--
(1) $300,000,000 shall be derived by transfer from the
unobligated balances of amounts previously appropriated for
fiscal years 2023, 2024, 2025, and 2026 for personnel,
contracting, and other costs to administer and oversee grants
(excluding amounts transferred to the Office of Inspector
General of the Department of Transportation) under the heading
``Federal Aviation Administration--Airport Infrastructure
Grants'' in title VIII of division J of the Infrastructure
Investment and Jobs Act (Public Law 117-58); and
(2) $68,670,000 shall be derived by transfer from the
unobligated balances of amounts previously appropriated for
fiscal years 2023, 2024, 2025, and 2026 for personnel,
contracting, and other costs to administer and oversee grants
(excluding amounts transferred to the Office of Inspector
General of the Department of Transportation) under the heading
``Federal Aviation Administration--Airport Terminal Program''
in title VIII of division J of the Infrastructure Investment
and Jobs Act (Public Law 117-58):
Provided further, That amounts transferred pursuant to the preceding
provisos shall continue to be treated as amounts specified in section
103(b) of division A of Public Law 118-5.
administrative provisions--federal aviation administration
Sec. 110. None of the funds made available by this Act may be used
to compensate in excess of 600 technical staff-years under the
federally funded research and development center contract between the
Federal Aviation Administration and the Center for Advanced Aviation
Systems Development during fiscal year 2026.
Sec. 111. None of the funds made available by this Act shall be
used to pursue or adopt guidelines or regulations requiring airport
sponsors to provide to the Federal Aviation Administration without cost
building construction, maintenance, utilities and expenses, including
related accommodation services, or space in airport sponsor-owned
buildings for services relating to air traffic control, air navigation,
or weather reporting: Provided, That the prohibition on the use of
funds in this section does not apply to negotiations between the agency
and airport sponsors to achieve agreement on ``below-market'' rates for
these items or to grant assurances that require airport sponsors to
provide land without cost to the Federal Aviation Administration for
air traffic control facilities.
Sec. 112. The Administrator of the Federal Aviation Administration
may reimburse amounts made available to satisfy section 41742(a)(1) of
title 49, United States Code, from fees credited under section 45303 of
title 49, United States Code, and any amount remaining in such account
at the close of any fiscal year may be made available to satisfy
section 41742(a)(1) of title 49, United States Code, for the subsequent
fiscal year.
Sec. 113. Amounts collected under section 40113(e) of title 49,
United States Code, shall be credited to the appropriation current at
the time of collection, to be merged with and available for the same
purposes as such appropriation.
Sec. 114. None of the funds made available by this Act shall be
available for paying premium pay under section 5546(a) of title 5,
United States Code, to any Federal Aviation Administration employee
unless such employee actually performed work during the time
corresponding to such premium pay.
Sec. 115. None of the funds made available by this Act may be
obligated or expended for an employee of the Federal Aviation
Administration to purchase a store gift card or gift certificate
through use of a Government-issued credit card.
Sec. 116. Notwithstanding any other provision of law, none of the
funds made available under this Act or any prior Act may be used to
implement or to continue to implement any limitation on the ability of
any owner or operator of a private aircraft to obtain, upon a request
to the Administrator of the Federal Aviation Administration, a blocking
of that owner's or operator's aircraft registration number, Mode S
transponder code, flight identification, call sign, or similar
identifying information from any ground based display to the public
that would allow the real-time or near real-time flight tracking of
that aircraft's movements, except data made available to a Government
agency, for the noncommercial flights of that owner or operator.
Sec. 117. None of the funds made available by this Act shall be
available for salaries and expenses of more than nine political and
Presidential appointees in the Federal Aviation Administration:
Provided, That of the nine political and Presidential appointee
positions in the Federal Aviation Administration, not less than one
position shall be within each of the following offices and no appointee
shall be in any other office: the Office of the Administrator, the
Office of the Deputy Administrator, the Office of the General Counsel,
the Office of Government and Industry Affairs, the Office of
Communications, the Office of Airports, and the Office for Policy,
International Affairs, and Environment.
Sec. 118. None of the funds made available by this Act may be used
to increase fees pursuant to section 44721 of title 49, United States
Code, until the Federal Aviation Administration provides to the House
and Senate Committees on Appropriations a report that justifies all
fees related to aeronautical navigation products and explains how such
fees are consistent with Executive Order No. 13642.
Sec. 119. None of the funds made available by this Act may be used
to close a regional operations center of the Federal Aviation
Administration or reduce its services or personnel unless the
Administrator notifies the House and Senate Committees on
Appropriations not less than 90 full business days in advance.
Sec. 119A. None of the funds made available by or limited by this
Act may be used to change weight restrictions or prior permission rules
at Teterboro airport in Teterboro, New Jersey.
Sec. 119B. None of the funds made available by this Act may be
used by the Administrator of the Federal Aviation Administration to
withhold from consideration and approval any new application for
participation in the contract tower program, or for reevaluation of
cost-share program participants so long as the Federal Aviation
Administration has received an application from the airport, and so
long as the Administrator determines such tower is eligible using the
factors set forth in Federal Aviation Administration published
establishment criteria.
Sec. 119C. None of the funds made available by this Act may be
used to open, close, redesignate as a lesser office, or reorganize a
regional office, the aeronautical center, or the technical center
unless the Administrator does so in compliance with section 405 of this
Act.
Sec. 119D. Notwithstanding subsection (a)(7) of section 405,
activities creating, reorganizing, or restructuring an organizational
unit of the Federal Aviation Administration are not subject to the
requirements of section 405 unless those activities would change the
organization chart provided as an exhibit to section 1 of the
President's Budget justification.
Sec. 119E. For an additional amount for ``Grants-in-aid for
Airports'', up to $3,500,000 shall be available through September 30,
2028, for necessary expenses, including an independent verification
regime, to provide reimbursement to airport sponsors that do not
provide gateway operations and providers of general aviation ground
support services, or other aviation tenants, located at those airports
closed during a temporary flight restriction (TFR) for any residence of
the President that is designated or identified to be secured by the
United States Secret Service, and for direct and incremental financial
losses incurred while such airports are closed solely due to the
actions of the Federal Government: Provided, That such amounts shall
be derived from balances remaining from amounts appropriated for such
purposes in prior Acts: Provided further, That such amounts shall not
be subject to any limitation on obligations for the Grants-in-Aid for
Airports program set forth in any Act: Provided further, That no funds
shall be obligated or distributed to airport sponsors that do not
provide gateway operations and providers of general aviation ground
support services until an independent audit is completed: Provided
further, That losses incurred as a result of violations of law, or
through fault or negligence, of such operators and service providers or
of third parties (including airports) are not eligible for
reimbursements: Provided further, That obligation and expenditure of
funds are conditional upon full release of the United States Government
for all claims for financial losses resulting from such actions.
Sec. 119F. Section 44502(e) of title 49, United States Code, shall
be applied by inserting the following after paragraph (4):
``(5) Limitations.--
``(A) Systems or equipment.--Eligible air traffic
systems or equipment identified in subparagraphs (A)
through (C) of paragraph (3) of this subsection to be
transferred to the Administrator under this subsection
must have been purchased by the transferor airport on
or after October 5, 2018.
``(B) Other systems or equipment.--Eligible air
traffic systems or equipment identified in subparagraph
(D) of paragraph (3) of this subsection to be
transferred to the Administrator under this subsection
must have been purchased by the transferor airport on
or after October 1, 2024.
``(6) Airports classified as a basic or local general
aviation airport.--An airport that is categorized as a basic or
local general aviation airport under the most recently
published national plan of integrated airport systems under
section 47103 may only transfer an eligible air traffic system
or equipment under this subsection in accordance with the
exception provided in paragraph (4) if such system or equipment
was purchased by the transferor airport on or after October 1,
2024.''.
Sec. 119G. None of the funds in this or any other Act shall be
used to plan, design, or implement the privatization or separation of
the air traffic organization functions of the Federal Aviation
Administration.
Sec. 119H. None of the funds appropriated or otherwise made
available by this or any other Act may be used for the construction of
a new Air Traffic Control Training Academy except for the Federal
Aviation Administration's existing Training Academy located at the Mike
Monroney Aeronautical Center.
Sec. 119I. Notwithstanding section 40122(c) of title 49, United
States Code, for this year and thereafter, the Administrator of the
Federal Aviation Administration, in consultation with the Federal Air
Surgeon, may increase the annual rate of basic pay for positions in the
Office of Aerospace Medicine requiring a medical degree up to the
annual compensation paid under section 102 of title 3, United States
Code.
Sec. 119J. The Administrator of the Federal Aviation
Administration is directed to provide a spend plan and a briefing
within 30 days of enactment of this Act, and each month thereafter
during fiscal year 2026, to the House and Senate Committees on
Appropriations on all activities and efforts funded by this Act and
section 40003 of Public Law 119-21 for the Federal Aviation
Administration's air traffic control modernization efforts: Provided,
That the Administrator shall make available for each briefing the
Federal Aviation Administration's Chief Financial Officer and the
Assistant Administrator for Policy, International Affairs, and
Environment, and the Federal Aviation Administration's Air Traffic
Organization's Chief Operating Officer and Chief Technology Officer.
Federal Highway Administration
limitation on administrative expenses
(highway trust fund)
(including transfer of funds)
Not to exceed $504,187,977 together with advances and
reimbursements received by the Federal Highway Administration, shall be
obligated for necessary expenses for administration and operation of
the Federal Highway Administration: Provided, That in addition,
$3,248,000 shall be transferred to the Appalachian Regional Commission
in accordance with section 104(a) of title 23, United States Code.
federal-aid highways
(limitation on obligations)
(highway trust fund)
Funds available for the implementation or execution of authorized
Federal-aid highway and highway safety construction programs shall not
exceed total obligations of $62,657,105,821 for fiscal year 2026:
Provided, That the limitation on obligations under this heading shall
only apply to contract authority authorized from the Highway Trust Fund
(other than the Mass Transit Account), unless otherwise specified in
law.
(liquidation of contract authorization)
(highway trust fund)
For the payment of obligations incurred in carrying out authorized
Federal-aid highway and highway safety construction programs,
$63,396,105,821 shall be derived from the Highway Trust Fund (other
than the Mass Transit Account), to remain available until expended.
highway infrastructure programs
(including transfer of funds)
For the purposes as described under this heading, $2,395,880,591,
of which $927,212,591 shall be appropriated from the general fund, and
of which--
(1) $1,093,756,000 shall be derived from the unobligated
balances of amounts previously appropriated under the heading
``Federal Highway Administration--Highway Infrastructure
Programs'' in title VIII of division J of Public Law 117-58, as
follows:
(A) $125,000,000 from amounts previously
appropriated for fiscal years 2023, 2024, 2025, and
2026 for operations and administration of the Federal
Highway Administration (excluding amounts transferred
to the Office of Inspector General of the Department of
Transportation);
(B) $75,000,000 from amounts previously
appropriated for fiscal year 2022 in paragraph (2) of
such title VIII for the Joint Office of Energy and
Transportation;
(C) $300,000,000 from amounts previously
appropriated for fiscal years 2024, 2025, and 2026 in
paragraph (2) of such title VIII for grants to States
or localities that require additional assistance to
strategically deploy electric vehicle charging
infrastructure;
(D) $503,756,000 from amounts previously
appropriated for fiscal years 2022, 2023, 2024, 2025,
and 2026 in paragraph (2) of such title VIII that were
distributed among the States, to be derived on a
proportional basis from such unobligated amounts based
on the unobligated balances from fiscal year 2022 by
State as of January 31, 2026; and
(E) $90,000,000 from amounts previously
appropriated for fiscal years 2024, 2025, and 2026
under paragraph (5) of such title VIII for the
reduction of truck emissions at port facilities
program:
Provided, That amounts derived from the unobligated balances
as described in the matter preceding this proviso shall
continue to be treated as amounts specified in section 103(b)
of division A of Public Law 118-5;
(2) $20,000,000 shall be derived by transfer from the
unobligated balances of amounts previously appropriated for
fiscal years 2025 and 2026 under the heading ``Federal Motor
Carrier Safety Administration--Motor Carrier Safety Operations
and Program'' in title VIII of division J of Public Law 117-58:
Provided, That amounts derived by transfer as described in the
matter preceding this proviso shall continue to be treated as
amounts specified in section 103(b) of division A of Public Law
118-5;
(3) $204,912,000 shall be derived by transfer from the
unobligated balances of amounts previously appropriated for
fiscal years 2022, 2023, 2024, 2025, and 2026 under the heading
``Office of the Secretary--Strengthening Mobility and
Revolutionizing Transportation Grant Program'' in title VIII of
division J of Public Law 117-58: Provided, That amounts
derived by transfer as described in the matter preceding this
proviso shall continue to be treated as amounts specified in
section 103(b) of division A of Public Law 118-5;
(4) $50,000,000 shall be derived by transfer from the
unobligated balances of amounts made available by transfer
pursuant to section 801 in title VIII of division J of Public
Law 117-58 (excluding amounts transferred to the Office of
Inspector General of the Department of Transportation):
Provided, That amounts derived by transfer as described in the
matter preceding this proviso shall continue to be treated as
amounts specified in section 103(b) of division A of Public Law
118-5; and
(5) $100,000,000 shall be derived by transfer from the
unobligated balances of amounts previously appropriated for
fiscal year 2026 under the heading ``Pipeline and Hazardous
Materials Safety Administration--Natural Gas Distribution
Infrastructure Safety and Modernization Grant Program'' in
title VIII of division J of Public Law 117-58 (excluding
amounts transferred to the Office of Inspector General of the
Department of Transportation): Provided, That amounts derived
by transfer as described in the matter preceding this proviso
shall continue to be treated as amounts specified in section
103(b) of division A of Public Law 118-5:
Provided further, That the funds made available under this heading
shall be in addition to any funds provided for fiscal year 2026 in this
or any other Act for: (1) ``Federal-aid Highways'' under chapter 1 of
title 23, United States Code; (2) the Appalachian development highway
system as authorized under section 1069(y) of Public Law 102-240; (3)
activities eligible under the Tribal transportation program under
section 202 of title 23, United States Code; (4) activities eligible
under the Federal lands transportation program under section 203 of
such title; (5) activities eligible under the Federal land access
program under section 204 of such title; (6) the Northern Border
Regional Commission (40 U.S.C. 15101 et seq.); (7) the Southwest Border
Regional Commission (40 U.S.C. 15101 et seq.); (8) the Denali
Commission; or (9) activities eligible under chapter 5 of title 23,
United States Code, and shall not affect the distribution or amount of
funds provided in any other Act: Provided further, That, except for
the funds made available under this heading for the Northern Border
Regional Commission, the Southwest Border Regional Commission, and the
Denali Commission, section 11101(e) of Public Law 117-58 shall apply to
funds made available under this heading: Provided further, That
amounts made available under this heading shall not be subject to any
limitation on obligations for Federal-aid highways or highway safety
construction programs set forth in any Act making annual
appropriations: Provided further, That of the sums appropriated or
otherwise made available under this heading--
(1) $1,514,721,091, which shall be available until
September 30, 2029, shall be for the purposes, and in the
amounts, specified for Community Project Funding/
Congressionally Directed Spending in the table entitled
``Community Project Funding/Congressionally Directed Spending''
included for this division in the explanatory statement
described in section 4 (in the matter preceding division A of
this consolidated Act): Provided, That amounts made available
in the preceding proviso for such purposes shall not diminish
or prejudice any application or geographic region for other
discretionary grant or loan awards made by the Department of
Transportation: Provided further, That, except as otherwise
provided under this heading, the funds made available under
this paragraph shall be administered as if apportioned under
chapter 1 of title 23, United States Code: Provided further,
That funds made available under this paragraph that are used
for Tribal projects shall be administered as if allocated under
chapter 2 of title 23, United States Code, except that the set-
asides described in subparagraph (C) of section 202(b)(3) of
title 23, United States Code, and subsections (a)(6), (c), and
e
of section 202 of such title, and section 1123(h)(1) of
MAP-21 (as amended by Public Law 117-58), shall not apply to
such funds;
(2) $200,000,000, to remain available until September 30,
2029, shall be for activities eligible under the Tribal
transportation program, as described in section 202 of title
23, United States Code: Provided, That, except as otherwise
provided under this heading, the funds made available under
this paragraph shall be administered as if allocated under
chapter 2 of title 23, United States Code: Provided further,
That the set-asides described in subparagraph (C) of section
202(b)(3) of title 23, United States Code, and subsections
a
(6), (c), and (e) of section 202 of such title shall not
apply to funds made available under this paragraph: Provided
further, That the set-aside described in section 1123(h)(1) of
MAP-21 (as amended by Public Law 117-58), shall not apply to
such funds;
(3) $200,000,000, to remain available until expended, shall
be to carry out the Nationally Significant Multimodal Freight
and Highway Projects program under section 117 of title 23,
United States Code: Provided, That the funds made available
under this paragraph shall be for projects to provide public
parking for commercial motor vehicles: Provided further, That
such projects shall be within reasonable access to or in the
right of way of an Interstate highway, the National Highway
System, or the National Highway Freight Network: Provided
further, That the Secretary shall reserve not less than 50
percent of the amounts made available under this paragraph to
make grants for projects that do not satisfy the minimum
threshold under section 117(d)(1)(B) of such title: Provided
further, That, of the amount reserved under the preceding
proviso, not less than 30 percent shall be used for projects in
rural areas: Provided further, That each grant made with funds
reserved under the third proviso of this paragraph shall be in
an amount that is at least $5,000,000: Provided further, That
in addition to other applicable requirements, in making grants
with funds reserved under the third proviso of this paragraph,
the Secretary shall take into consideration the project
selection considerations described in section 117(e)(3) of such
title: Provided further, That, except as described in the
preceding proviso, subsections (e) and (i) of section 117 of
such title shall not apply to funds made available under this
paragraph: Provided further, That the Secretary shall reserve
not less than 25 percent of the amounts made available under
this paragraph to make grants for projects located in rural
areas: Provided further, That if qualified applications will
not allow for the amount reserved under the preceding proviso
to be fully utilized, the Secretary shall combine the
unutilized amounts with the amounts reserved under the fourth
proviso of this paragraph: Provided further, That the
requirements in section 117(g) of such title shall not apply to
a project assisted with a grant under this paragraph that does
not meet the minimum threshold under section 117(d)(1)(B):
Provided further, That, except as described in the following
proviso, the Federal share of the cost of a project assisted
with a grant under this paragraph may not exceed 60 percent:
Provided further, That the Federal share of the cost of a
project that does not meet the minimum threshold under section
117(d)(1)(B) of such title shall be 80 percent: Provided
further, That an eligible applicant that receives a grant under
this paragraph may partner with a private entity to fund the
development, capacity expansion, or operation or maintenance of
a facility: Provided further, That no fees may be charged by
an eligible applicant receiving a grant under this paragraph to
a commercial motor vehicle driver to use parking constructed,
expanded, opened, maintained, or improved with a grant under
this paragraph: Provided further, That the funds made
available under this paragraph shall not be used for the
construction, or development phase activities that would enable
the construction, of charging or fueling infrastructure for the
propulsion of a vehicle, including a commercial motor vehicle:
Provided further, That for purposes of this paragraph, (1) the
term ``commercial motor vehicle'' has the meaning given the
term in section 31132 of title 49, United States Code, and (2)
the term ``rural area'' has the meaning given the term in
section 117(i)(3) of title 23, United States Code;
(4) $5,000,000, to remain available until September 30,
2029, shall be to carry out section 11502 of the Infrastructure
Investment and Jobs Act (23 U.S.C. 148 note): Provided, That,
except as otherwise provided under such section or this
heading, the funds made available under this paragraph shall be
administered as if apportioned under chapter 1 of title 23,
United States Code;
(5) $5,000,000, to remain available until September 30,
2029, shall be to carry out the regional infrastructure
accelerator demonstration program under section 1441 of the
FAST Act (23 U.S.C. 601 note): Provided, That for funds made
available under this paragraph, the Federal share of the costs
shall be, at the option of the recipient, up to 100 percent:
Provided further, That funds made available under this
paragraph may be transferred to the Office of the Secretary;
(6) $20,000,000 shall be for necessary expenses for
construction of the Appalachian development highway system, as
authorized under section 1069(y) of Public Law 102-240:
Provided, That for the purposes of funds made available under
this paragraph, the term ``Appalachian State'' means a State
that contains 1 or more counties (including any political
subdivision located within the area) in the Appalachian region
as defined in section 14102(a) of title 40, United States Code:
Provided further, That funds made available under this heading
for construction of the Appalachian development highway system
shall remain available until expended: Provided further, That,
except as provided in the following proviso, funds made
available under this heading for construction of the
Appalachian development highway system shall be administered as
if apportioned under chapter 1 of title 23, United States Code:
Provided further, That a project carried out with funds made
available under this heading for construction of the
Appalachian development highway system shall be carried out in
the same manner as a project under section 14501 of title 40,
United States Code: Provided further, That subject to the
following proviso, funds made available under this heading for
construction of the Appalachian development highway system
shall be apportioned to Appalachian States according to the
percentages derived from the 2012 Appalachian development
highway system cost-to-complete estimate, adopted in
Appalachian Regional Commission Resolution Number 736, and
confirmed as each Appalachian State's relative share of the
estimated remaining need to complete the Appalachian
development highway system, adjusted to exclude those corridors
that such States have no current plans to complete, as reported
in the 2013 Appalachian Development Highway System Completion
Report, unless those States have modified and assigned a higher
priority for completion of an Appalachian development highway
system corridor, as reported in the 2020 Appalachian
Development Highway System Future Outlook: Provided further,
That the Secretary shall adjust apportionments made under the
preceding proviso so that no Appalachian State shall be
apportioned an amount in excess of 30 percent of the amount
made available for construction of the Appalachian development
highway system under this heading: Provided further, That the
Secretary shall consult with the Appalachian Regional
Commission in making adjustments under the preceding two
provisos: Provided further, That the Federal share of the
costs for which an expenditure is made for construction of the
Appalachian development highway system under this heading shall
be up to 100 percent;
(7) $3,000,000, to remain available until September 30,
2029, shall be transferred to the Southwest Border Regional
Commission (40 U.S.C. 15101 et seq.) to make grants, in
addition to amounts otherwise made available to the Southwest
Border Regional Commission for such purpose, for authorized
activities, including for administration of grants or
cooperative agreements to support interjurisdictional planning
activities advancing transportation infrastructure: Provided,
That a grant made with funds made available under this
paragraph shall be administered in the same manner as a grant
made under subtitle V of title 40, United States Code;
(8) $5,000,000, to remain available until expended, shall
be transferred to the Northern Border Regional Commission (40
U.S.C. 15101 et seq.) to make grants, in addition to amounts
otherwise made available to the Northern Border Regional
Commission for such purpose, to carry out pilot projects that
demonstrate the capabilities of wood-based infrastructure
projects: Provided, That a grant made with funds made
available under this paragraph shall be administered in the
same manner as a grant made under subtitle V of title 40,
United States Code;
(9) $5,000,000 shall be transferred to the Denali
Commission for activities eligible under section 307(d) of the
Denali Commission Act of 1998 (42 U.S.C. 3121 note; Public Law
105-277): Provided, That funds made available under this
paragraph shall not be subject to section 311 of such Act:
Provided further, That except as otherwise provided under
section 307(d) of such Act or this heading, funds made
available under this paragraph shall be administered as if
directly appropriated to the Denali Commission and subject to
applicable provisions of such Act, including the requirement in
section 307(d) of such Act that the local community provides a
10 percent non-Federal match in the form of any necessary land
or planning and design funds: Provided further, That such
funds shall be available until expended: Provided further,
That the Federal share of the costs for which an expenditure is
made with funds transferred under this paragraph shall be up to
90 percent;
(10) $15,000,000 shall be transferred to the Denali
Commission to carry out the Denali access system program under
section 309 of the Denali Commission Act of 1998 (42 U.S.C.
3121 note; Public Law 105-277): Provided, That a transfer
under this paragraph shall not be subject to section 311 of
such Act: Provided further, That except as otherwise provided
under this heading, funds made available under this paragraph
shall be administered as if directly appropriated to the Denali
Commission and subject to applicable provisions of such Act:
Provided further, That funds made available under this
paragraph shall not be subject to section 309(j)(2) of such
Act: Provided further, That funds made available under this
paragraph shall be available until expended: Provided further,
That the Federal share of the costs for which an expenditure is
made with funds transferred under this paragraph shall be up to
100 percent;
(11) $2,000,000, to remain available until September 30,
2029, shall be to carry out the pollinator-friendly practices
on roadsides and highway rights-of-way program under section
332 of title 23, United States Code;
(12) $10,000,000, to remain available until September 30,
2029, shall be for the national scenic byways program under
section 162 of title 23, United States Code: Provided, That,
except as otherwise provided under this heading, the funds made
available under this paragraph shall be administered as if
apportioned under chapter 1 of title 23, United States Code;
(13) $350,000,000, to remain available until September 30,
2029, shall be for a competitive highway bridge program for
States that--
(A) have--
i
a population density of less than 115
individuals per square mile; or
(ii) a population of less than 1,100,000
individuals; and
(B) have--
i
less than 26 percent of total bridges
classified as in good condition; or
(ii) greater than or equal to 4.9 percent
of total bridges classified as in poor
condition:
Provided, That any such State with more than 14 percent of
total bridges classified as in poor condition shall receive not
less than $32,500,000 of the funds made available in this
paragraph for grant applications for projects eligible under
this paragraph: Provided further, That if the Secretary
determines that eligible applications from any such State
meeting the criteria under the preceding proviso are
insufficient to make awards of at least $32,500,000, the
Secretary shall use the unutilized amounts to provide other
grants to States eligible under this paragraph: Provided
further, That no State shall be awarded more than $55,000,000
in awards from funds made available under this paragraph for
grant applications for projects eligible under this paragraph:
Provided further, That the funds made available under this
paragraph shall be used for highway bridge replacement or
rehabilitation projects on public roads that demonstrate cost
savings by bundling multiple highway bridge projects and,
except as otherwise provided in this heading, shall be
administered as if apportioned under chapter 1 of title 23,
United States Code: Provided further, That the requirements of
section 144(j)(5) of title 23, United States Code, shall not
apply to funds made available under this paragraph: Provided
further, That for purposes of this paragraph, the Secretary
shall calculate population and population density figures based
on the latest available data from the decennial census
conducted under section 141(a) of title 13, United States Code:
Provided further, That for purposes of this paragraph, the
Secretary shall calculate the percentages of bridge counts
(including the percentages of bridge counts classified as in
poor and good condition) based on the national bridge inventory
as of June 2024;
(14) $25,000,000 shall be for a competitive Type 3 highway
bridge program for the replacement or rehabilitation of bridges
that--(A) are owned by a county; (B) are classified as a Type 3
bridge by the Bureau of Reclamation; (C) are eligible under the
Federal lands access program, as described in section 204 of
title 23, United States Code; and (D) cross a water conveyance
structure owned by the Bureau of Reclamation: Provided, That
the Secretary, in consultation with the Bureau of Reclamation,
shall prioritize awards to projects that will lead to--(i)
improved water delivery; (ii) improved bridge conditions; and
(iii) improved safety, efficiency, and reliability of the
movement of people and goods over Type 3 bridges crossing a
water conveyance structure owned by the Bureau of Reclamation:
Provided further, That only a county owning a bridge meeting
the conditions in this paragraph shall be an eligible applicant
for a grant under this paragraph: Provided further, That,
except as otherwise provided under this heading, funds made
available under this paragraph shall be administered as if
allocated under section 204 of such title, except that such
funds shall not be subject to subsections (b) or (c) of such
section: Provided further, That for the purposes of funds made
available under this paragraph, the term ``Type 3 bridge''
means a bridge classified as a Type 3 bridge by the Bureau of
Reclamation as defined in its Reclamation Manual Directives and
Standards FAC 07-01 (as updated on June 9, 2023): Provided
further, That funds made available under this paragraph shall
remain available until expended: Provided further, That the
Federal share of the costs for which an expenditure is made
with funds made available under this paragraph shall be 100
percent: Provided further, That the Secretary of
Transportation shall issue the notice of funding opportunity
for the funds made available under this paragraph no later than
60 days after enactment of this Act: Provided further, That
the Secretary of Transportation shall make grants for the funds
made available under this paragraph no later than 270 days
after enactment of this Act;
(15) $6,159,500, to remain available until expended, shall
be for research leading to sustainable stormwater management
technologies and techniques to reduce the impacts of 6PPD and
6PPD-quinone on salmon-bearing streams: Provided, That the
Federal Highway Administration shall implement this research as
specified under the paragraph entitled ``Stormwater
Management'' in Senate Report 119-47; and
(16) $30,000,000, to remain available until expended, shall
be for capital construction grants under the Reconnecting
Communities Pilot Program as authorized under section 11509(d)
of division A of the Infrastructure Investment and Jobs Act
(Public Law 117-58): Provided, That funds made available under
this paragraph shall only be available for projects in States
in which the Department of Transportation previously awarded a
competitive grant award and signed a grant agreement of not
less than $145,000,000 under section 177 of title 23, United
States Code, and any amount of such funds were subsequently
rescinded by an Act of Congress.
administrative provisions--federal highway administration
(including rescissions)
Sec. 120. (a) For fiscal year 2026, the Secretary of Transportation
shall--
(1) not distribute from the obligation limitation for
Federal-aid highways--
(A) amounts authorized for administrative expenses
and programs by section 104(a) of title 23, United
States Code; and
(B) amounts authorized for the Bureau of
Transportation Statistics;
(2) not distribute an amount from the obligation limitation
for Federal-aid highways that is equal to the unobligated
balance of amounts--
(A) made available from the Highway Trust Fund
(other than the Mass Transit Account) for Federal-aid
highway and highway safety construction programs for
previous fiscal years the funds for which are allocated
by the Secretary (or apportioned by the Secretary under
section 202 or 204 of title 23, United States Code);
and
(B) for which obligation limitation was provided in
a previous fiscal year;
(3) determine the proportion that--
(A) the obligation limitation for Federal-aid
highways, less the aggregate of amounts not distributed
under paragraphs (1) and (2) of this subsection; bears
to
(B) the total of the sums authorized to be
appropriated for the Federal-aid highway and highway
safety construction programs (other than sums
authorized to be appropriated for provisions of law
described in paragraphs (1) through (11) of subsection
b
and sums authorized to be appropriated for section
119 of title 23, United States Code, equal to the
amount referred to in subsection (b)(12) for such
fiscal year), less the aggregate of the amounts not
distributed under paragraphs (1) and (2) of this
subsection;
(4) distribute the obligation limitation for Federal-aid
highways, less the aggregate amounts not distributed under
paragraphs (1) and (2), for each of the programs (other than
programs to which paragraph (1) applies) that are allocated by
the Secretary under authorized Federal-aid highway and highway
safety construction programs, or apportioned by the Secretary
under section 202 or 204 of title 23, United States Code, by
multiplying--
(A) the proportion determined under paragraph (3);
by
(B) the amounts authorized to be appropriated for
each such program for such fiscal year; and
(5) distribute the obligation limitation for Federal-aid
highways, less the aggregate amounts not distributed under
paragraphs (1) and (2) and the amounts distributed under
paragraph (4), for Federal-aid highway and highway safety
construction programs that are apportioned by the Secretary
under title 23, United States Code (other than the amounts
apportioned for the national highway performance program in
section 119 of title 23, United States Code, that are exempt
from the limitation under subsection (b)(12) and the amounts
apportioned under sections 202 and 204 of that title) in the
proportion that--
(A) amounts authorized to be appropriated for the
programs that are apportioned under title 23, United
States Code, to each State for such fiscal year; bears
to
(B) the total of the amounts authorized to be
appropriated for the programs that are apportioned
under title 23, United States Code, to all States for
such fiscal year.
b
Exceptions From Obligation Limitation.--The obligation
limitation for Federal-aid highways shall not apply to obligations
under or for--
(1) section 125 of title 23, United States Code;
(2) section 147 of the Surface Transportation Assistance
Act of 1978 (23 U.S.C. 144 note; 92 Stat. 2714);
(3) section 9 of the Federal-Aid Highway Act of 1981 (95
Stat. 1701);
(4) subsections (b) and (j) of section 131 of the Surface
Transportation Assistance Act of 1982 (96 Stat. 2119);
(5) subsections (b) and (c) of section 149 of the Surface
Transportation and Uniform Relocation Assistance Act of 1987
(101 Stat. 198);
(6) sections 1103 through 1108 of the Intermodal Surface
Transportation Efficiency Act of 1991 (105 Stat. 2027);
(7) section 157 of title 23, United States Code (as in
effect on June 8, 1998);
(8) section 105 of title 23, United States Code (as in
effect for fiscal years 1998 through 2004, but only in an
amount equal to $639,000,000 for each of those fiscal years);
(9) Federal-aid highway programs for which obligation
authority was made available under the Transportation Equity
Act for the 21st Century (112 Stat. 107) or subsequent Acts for
multiple years or to remain available until expended, but only
to the extent that the obligation authority has not lapsed or
been used;
(10) section 105 of title 23, United States Code (as in
effect for fiscal years 2005 through 2012, but only in an
amount equal to $639,000,000 for each of those fiscal years);
(11) section 1603 of SAFETEA-LU (23 U.S.C. 118 note; 119
Stat. 1248), to the extent that funds obligated in accordance
with that section were not subject to a limitation on
obligations at the time at which the funds were initially made
available for obligation; and
(12) section 119 of title 23, United States Code (but, for
each of fiscal years 2013 through 2026, only in an amount equal
to $639,000,000).
c
Redistribution of Unused Obligation Authority.--Notwithstanding
subsection (a), the Secretary shall, after August 1 of such fiscal
year--
(1) revise a distribution of the obligation limitation made
available under subsection (a) if an amount distributed cannot
be obligated during that fiscal year; and
(2) redistribute sufficient amounts to those States able to
obligate amounts in addition to those previously distributed
during that fiscal year, giving priority to those States having
large unobligated balances of funds apportioned under sections
144 (as in effect on the day before the date of enactment of
Public Law 112-141) and 104 of title 23, United States Code.
d
Applicability of Obligation Limitations to Transportation
Research Programs.--
(1) In general.--Except as provided in paragraph (2), the
obligation limitation for Federal-aid highways shall apply to
contract authority for transportation research programs carried
out under--
(A) chapter 5 of title 23, United States Code;
(B) title VI of the Fixing America's Surface
Transportation Act; and
(C) title III of division A of the Infrastructure
Investment and Jobs Act (Public Law 117-58).
(2) Exception.--Obligation authority made available under
paragraph (1) shall--
(A) remain available for a period of 4 fiscal
years; and
(B) be in addition to the amount of any limitation
imposed on obligations for Federal-aid highway and
highway safety construction programs for future fiscal
years.
e
Redistribution of Certain Authorized Funds.--
(1) In general.--Not later than 30 days after the date of
distribution of obligation limitation under subsection (a), the
Secretary shall distribute to the States any funds (excluding
funds authorized for the program under section 202 of title 23,
United States Code) that--
(A) are authorized to be appropriated for such
fiscal year for Federal-aid highway programs; and
(B) the Secretary determines will not be allocated
to the States (or will not be apportioned to the States
under section 204 of title 23, United States Code), and
will not be available for obligation, for such fiscal
year because of the imposition of any obligation
limitation for such fiscal year.
(2) Ratio.--Funds shall be distributed under paragraph (1)
in the same proportion as the distribution of obligation
authority under subsection (a)(5).
(3) Availability.--Funds distributed to each State under
paragraph (1) shall be available for any purpose described in
section 133(b) of title 23, United States Code.
Sec. 121. Notwithstanding 31 U.S.C. 3302, funds received by the
Bureau of Transportation Statistics from the sale of data products, for
necessary expenses incurred pursuant to chapter 63 of title 49, United
States Code, may be credited to the Federal-aid highways account for
the purpose of reimbursing the Bureau for such expenses.
Sec. 122. Not less than 15 days prior to waiving, under his or her
statutory authority, any Buy America requirement for Federal-aid
highways projects, the Secretary of Transportation shall make an
informal public notice and comment opportunity on the intent to issue
such waiver and the reasons therefor: Provided, That the Secretary
shall post on a website any waivers granted under the Buy America
requirements.
Sec. 123. None of the funds made available in this Act may be used
to make a grant for a project under section 117 of title 23, United
States Code, unless the Secretary, at least 60 days before making a
grant under that section, provides written notification to the House
and Senate Committees on Appropriations of the proposed grant,
including an evaluation and justification for the project and the
amount of the proposed grant award.
Sec. 124. (a) A State or territory, as defined in section 165 of
title 23, United States Code, may use for any project eligible under
section 133(b) of title 23 or section 165 of title 23 and located
within the boundary of the State or territory any earmarked amount, and
any associated obligation limitation: Provided, That the Department of
Transportation for the State or territory for which the earmarked
amount was originally designated or directed notifies the Secretary of
its intent to use its authority under this section and submits an
annual report to the Secretary identifying the projects to which the
funding would be applied. Notwithstanding the original period of
availability of funds to be obligated under this section, such funds
and associated obligation limitation shall remain available for
obligation for a period of 3 fiscal years after the fiscal year in
which the Secretary is notified. The Federal share of the cost of a
project carried out with funds made available under this section shall
be the same as associated with the earmark.
b
In this section, the term ``earmarked amount'' means--
(1) congressionally directed spending, as defined in rule
XLIV of the Standing Rules of the Senate, identified in a prior
law, report, or joint explanatory statement, which was
authorized to be appropriated or appropriated more than 10
fiscal years prior to the current fiscal year, and administered
by the Federal Highway Administration; or
(2) a congressional earmark, as defined in rule XXI of the
Rules of the House of Representatives, identified in a prior
law, report, or joint explanatory statement, which was
authorized to be appropriated or appropriated more than 10
fiscal years prior to the current fiscal year, and administered
by the Federal Highway Administration.
c
The authority under subsection (a) may be exercised only for
those projects or activities that have obligated less than 10 percent
of the amount made available for obligation as of October 1 of the
current fiscal year, and shall be applied to projects within the same
general geographic area within 25 miles for which the funding was
designated, except that a State or territory may apply such authority
to unexpended balances of funds from projects or activities the State
or territory certifies have been closed and for which payments have
been made under a final voucher.
d
The Secretary shall submit consolidated reports of the
information provided by the States and territories annually to the
House and Senate Committees on Appropriations.
Sec. 125. The remaining unobligated balances, as of September 30,
2026, from amounts made available for ``Department of Transportation--
Federal Highway Administration--Highway Infrastructure Programs'' in
division J of Public Law 117-58 for the Nationally Significant Freight
and Highway Projects program under section 117 of title 23, United
States Code, for fiscal year 2023 are hereby permanently rescinded, and
an amount of additional new budget authority equivalent to the amount
rescinded pursuant to this section is hereby appropriated on September
30, 2026, for an additional amount for fiscal year 2026, to remain
available until September 30, 2031, and shall be available, without
additional competition, for completing the funding of awards made
pursuant to section 117 of title 23, United States Code, for fiscal
year 2023 funding, in addition to other funds as may be available for
such purposes: Provided, That the amounts rescinded pursuant to this
section that were previously designated by the Congress as an emergency
requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th
Congress), the concurrent resolution on the budget for fiscal year
2018, and to section 251(b) of the Balanced Budget and Emergency
Deficit Control Act of 1985 are designated by the Congress as an
emergency requirement pursuant to 4001(a)(1) of S. Con. Res 14 (117th
Congress), the concurrent resolution on the budget for fiscal year
2022, and to legislation establishing fiscal year 2026 budget
enforcement in the House of Representatives: Provided further, That
the amount of additional new budget authority provided by this section
is designated by the Congress as being for an emergency requirement
pursuant to such section 4001(a)(1) and to legislation establishing
fiscal year 2026 budget enforcement in the House of Representatives.
Sec. 126. The remaining unobligated balances, as of September 30,
2026, from amounts made available for ``Department of Transportation--
Federal Highway Administration--Highway Infrastructure Programs'' in
division J of Public Law 117-58 for the bridge investment program under
section 124 of title 23, United States Code, for fiscal year 2023 are
hereby permanently rescinded, and an amount of additional new budget
authority equivalent to the amount rescinded pursuant to this section
is hereby appropriated on September 30, 2026, for an additional amount
for fiscal year 2026, to remain available until September 30, 2031, and
shall be available, without additional competition, for completing the
funding of awards made pursuant to section 124 of title 23, United
States Code, for fiscal year 2023 funding, in addition to other funds
as may be available for such purposes: Provided, That the amounts
rescinded pursuant to this section that were previously designated by
the Congress as an emergency requirement pursuant to section 4112(a) of
H. Con. Res. 71 (115th Congress), the concurrent resolution on the
budget for fiscal year 2018, and to section 251(b) of the Balanced
Budget and Emergency Deficit Control Act of 1985 are designated by the
Congress as an emergency requirement pursuant to 4001(a)(1) of S. Con.
Res 14 (117th Congress), the concurrent resolution on the budget for
fiscal year 2022, and to legislation establishing fiscal year 2026
budget enforcement in the House of Representatives: Provided further,
That the amount of additional new budget authority provided by this
section is designated by the Congress as being for an emergency
requirement pursuant to such section 4001(a)(1) and to legislation
establishing fiscal year 2026 budget enforcement in the House of
Representatives.
Sec. 127. The remaining unobligated balances, as of September 30,
2026, from amounts made available for ``Department of Transportation--
Federal Highway Administration--Highway Infrastructure Programs'' in
division L of Public Law 117-328 for competitive awards for activities
eligible under section 176(d)(4)(A) and 176(d)(4)(C) of title 23,
United States Code, for fiscal year 2023 are hereby permanently
rescinded, and an amount of additional new budget authority equivalent
to the amount rescinded pursuant to this section is hereby appropriated
on September 30, 2026, for an additional amount for fiscal year 2026,
to remain available until September 30, 2031, and shall be available,
without additional competition, for completing the funding of awards
made pursuant to section 176 of title 23, United States Code, for
fiscal year 2023 funding, in addition to other funds as may be
available for such purposes.
Federal Motor Carrier Safety Administration
motor carrier safety operations and programs
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in the implementation,
execution and administration of motor carrier safety operations and
programs pursuant to section 31110 of title 49, United States Code, as
amended by the Infrastructure Investment and Jobs Act (Public Law 117-
58), $390,000,000, to be derived from the Highway Trust Fund (other
than the Mass Transit Account), together with advances and
reimbursements received by the Federal Motor Carrier Safety
Administration, the sum of which shall remain available until expended:
Provided, That funds available for implementation, execution, or
administration of motor carrier safety operations and programs
authorized under title 49, United States Code, shall not exceed total
obligations of $390,000,000, for ``Motor Carrier Safety Operations and
Programs'' for fiscal year 2026: Provided further, That of the amounts
made available under this heading--
(1) not less than $63,098,000, to remain available for
obligation until September 30, 2028, shall be for development,
modernization, enhancement, and continued operation and
maintenance of information technology and information
management; and
(2) $14,073,000, to remain available for obligation until
September 30, 2028, shall be for the research and technology
program:
Provided further, That the activities funded in paragraphs (1) and
(2) in the preceding proviso may be accomplished through direct
expenditures, direct research activities, grants, cooperative
agreements, contracts, intra-agency or interagency agreements, or other
agreements with public organizations.
motor carrier safety grants
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out sections 31102,
31103, 31104, and 31313 of title 49, United States Code, $536,600,000,
to be derived from the Highway Trust Fund (other than the Mass Transit
Account) and to remain available until expended: Provided, That funds
available for the implementation or execution of motor carrier safety
programs shall not exceed total obligations of $541,600,000 in fiscal
year 2026 for ``Motor Carrier Safety Grants'': Provided further, That
of the amounts made available under this heading--
(1) $422,500,000, to remain available for obligation until
September 30, 2027, shall be for the motor carrier safety
assistance program;
(2) $45,200,000, to remain available for obligation until
September 30, 2027, shall be for the commercial driver's
license program implementation program;
(3) $62,400,000, to remain available for obligation until
September 30, 2027, shall be for the high priority program;
(4) $1,500,000, to remain available for obligation until
September 30, 2027, shall be for the commercial motor vehicle
operators grant program; and
(5) $10,000,000, to remain available for obligation until
September 30, 2027, shall be for the commercial motor vehicle
enforcement training and support grant program, of which
$5,000,000 shall be made available from prior year unobligated
contract authority made available for Motor Carrier Safety
Grants in section 23001 of the Infrastructure Investment and
Jobs Act (Public Law 117-58): Provided, That such prior year
unobligated contract authority shall be available to complete
the fiscal year 2024 commercial motor vehicle enforcement
training and support grant program notice of funding
opportunity and shall be available to all applicants otherwise
eligible under such notice of funding opportunity.
administrative provisions--federal motor carrier safety administration
Sec. 130. None of the funds appropriated or otherwise made
available to the Department of Transportation by this Act or any other
Act may be obligated or expended to implement, administer, or enforce
the requirements of section 31137 of title 49, United States Code, or
any regulation issued by the Secretary pursuant to such section, with
respect to the use of electronic logging devices by operators of
commercial motor vehicles, as defined in section 31132(1) of such
title, transporting livestock as defined in section 602 of the
Emergency Livestock Feed Assistance Act of 1988 (7 U.S.C. 1471) or
insects.
Sec. 131. The Secretary shall update the Department's regulations
to ensure that non-compliance with section 391.11(b)(2) of title 49,
Code of Federal Regulations, triggers an out-of-service order.
National Highway Traffic Safety Administration
operations and research
(including transfer of funds)
For expenses necessary to discharge the functions of the Secretary,
with respect to traffic and highway safety, authorized under chapter
301 and part C of subtitle VI of title 49, United States Code,
$200,000,000, of which $65,000,000 shall remain available through
September 30, 2027, and of which $129,000,000 shall be derived by
transfer from the unobligated balances of amounts previously
appropriated in title VIII of division J of the Infrastructure
Investment and Jobs Act (Public Law 117-58) as follows: (1) $79,000,000
from amounts previously appropriated for fiscal years 2023, 2024, 2025,
and 2026 in paragraph (3) under the heading ``Department of
Transportation--National Highway Traffic Safety Administration--
Supplemental Highway Traffic Safety Programs''; and (2) $50,000,000
from amounts previously appropriated for fiscal year 2026 under the
heading ``Department of Transportation--National Highway Traffic Safety
Administration--Crash Data'': Provided, That amounts derived by
transfer as described in the matter preceding this proviso shall
continue to be treated as amounts specified in section 103(b) of
division A of Public Law 118-5.
operations and research
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out the provisions
of section 403 of title 23, United States Code, including behavioral
research on automated driving systems and advanced driver assistance
systems and improving consumer responses to safety recalls, section
25024 of the Infrastructure Investment and Jobs Act (Public Law 117-
58), and chapter 303 of title 49, United States Code, $209,600,000, to
be derived from the Highway Trust Fund (other than the Mass Transit
Account) and to remain available until expended: Provided, That none
of the funds in this Act shall be available for the planning or
execution of programs the total obligations for which, in fiscal year
2026, are in excess of $209,600,000: Provided further, That of the
sums appropriated under this heading--
(1) $202,000,000 shall be for programs authorized under
section 403 of title 23, United States Code, including
behavioral research on automated driving systems and advanced
driver assistance systems and improving consumer responses to
safety recalls, and section 25024 of the Infrastructure
Investment and Jobs Act (Public Law 117-58); and
(2) $7,600,000 shall be for the national driver register
authorized under chapter 303 of title 49, United States Code:
Provided further, That within the $209,600,000 obligation limitation
for operations and research, $57,500,000 shall remain available until
September 30, 2027, and shall be in addition to the amount of any
limitation imposed on obligations for future years: Provided further,
That amounts for behavioral research on automated driving systems and
advanced driver assistance systems and improving consumer responses to
safety recalls are in addition to any other funds provided for those
purposes for fiscal year 2026 in this Act.
highway traffic safety grants
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out provisions of
sections 402, 404, and 405 of title 23, United States Code, and grant
administration expenses under chapter 4 of title 23, United States
Code, to remain available until expended, $849,654,625, to be derived
from the Highway Trust Fund (other than the Mass Transit Account):
Provided, That none of the funds in this Act shall be available for the
planning or execution of programs for which the total obligations in
fiscal year 2026 are in excess of $849,654,625 for programs authorized
under sections 402, 404, and 405 of title 23, United States Code, and
grant administration expenses under chapter 4 of title 23, United
States Code: Provided further, That of the sums appropriated under
this heading--
(1) $393,400,000 shall be for highway safety programs under
section 402 of title 23, United States Code;
(2) $367,500,000 shall be for national priority safety
programs under section 405 of title 23, United States Code;
(3) $44,300,000 shall be for the high visibility
enforcement program under section 404 of title 23, United
States Code; and
(4) $44,454,625 shall be for grant administrative expenses
under chapter 4 of title 23, United States Code:
Provided further, That none of these funds shall be used for
construction, rehabilitation, or remodeling costs, or for office
furnishings and fixtures for State, local or private buildings or
structures: Provided further, That not to exceed $500,000 of the funds
made available for national priority safety programs under section 405
of title 23, United States Code, for impaired driving countermeasures
(as described in subsection (d) of that section) shall be available for
technical assistance to the States: Provided further, That with
respect to the ``Transfers'' provision under section 405(a)(10) of
title 23, United States Code, any amounts transferred to increase the
amounts made available under section 402 shall include the obligation
authority for such amounts: Provided further, That the Administrator
shall notify the House and Senate Committees on Appropriations of any
exercise of the authority granted under the preceding proviso or under
section 405(a)(10) of title 23, United States Code, within 5 days.
administrative provisions--national highway traffic safety
administration
Sec. 140. The limitations on obligations for the programs of the
National Highway Traffic Safety Administration set in this Act shall
not apply to obligations for which obligation authority was made
available in previous public laws but only to the extent that the
obligation authority has not lapsed or been used.
Sec. 141. None of the funds provided in this Act may be used to
encourage illegal drug or alcohol use in the National Highway Traffic
Safety Administration's impaired driving advertising campaigns.
Sec. 142. An additional $130,000 shall be made available to the
National Highway Traffic Safety Administration, out of the amount
limited for section 402 of title 23, United States Code, to pay for
travel and related expenses for State management reviews and to pay for
core competency development training and related expenses for highway
safety staff.
Federal Railroad Administration
safety and operations
For necessary expenses of the Federal Railroad Administration, not
otherwise provided for, $264,761,000, of which $25,000,000 shall remain
available until expended.
railroad research and development
For necessary expenses for railroad research and development,
$40,000,000, to remain available until expended: Provided, That of the
amounts provided under this heading, up to $3,000,000 shall be
available pursuant to section 20108(d) of title 49, United States Code,
for the construction, alteration, and repair of buildings and
improvements at the Transportation Technology Center: Provided
further, That of the amounts provided under this heading, not less than
$2,500,000 shall be available pursuant to section 20108(j) of title 49,
United States Code, to establish and maintain a center of excellence.
federal-state partnership for intercity passenger rail
(including transfer of funds)
For necessary expenses related to Federal-State partnership for
intercity passenger rail grants as authorized by section 24911 of title
49, United States Code, $65,000,000, to remain available until
expended: Provided, That the Secretary may withhold up to 2 percent of
the amounts made available under this heading in this Act for the costs
of award and project management oversight of grants carried out under
title 49, United States Code: Provided further, That of the amounts
made available under this heading, $40,000,000 shall be derived by
transfer from the unobligated balances of amounts previously
appropriated for fiscal years 2025 and 2026 for the costs of award and
project management oversight of grants, including amounts transferred
to the ``Financial Assistance Oversight and Technical Assistance''
account (excluding amounts transferred to the Office of Inspector
General of the Department of Transportation and to the National
Railroad Passenger Corporation Office of Inspector General) under the
heading ``Federal Railroad Administration--Federal-State Partnership
for Intercity Passenger Rail Grants'' in title VIII of division J of
the Infrastructure Investment and Jobs Act (Public Law 117-58):
Provided further, That amounts transferred pursuant to the preceding
proviso shall continue to be treated as amounts specified in section
103(b) of division A of Public Law 118-5: Provided further, That, of
amounts made available under this heading, $5,000,000 shall be for a
grant to the Union Station Redevelopment Corporation to rehabilitate
and repair the Washington Union Station complex, and section
24911(f)(2) of title 49, United States Code, shall not apply to that
grant.
consolidated rail infrastructure and safety improvements
(including transfer of funds)
For necessary expenses related to consolidated rail infrastructure
and safety improvements grants, as authorized by section 22907 of title
49, United States Code, $137,426,000, to remain available until
expended: Provided, That of the amounts made available under this
heading in this Act--
(1) $87,426,000 shall be available for the purposes, and in
amounts, specified for Community Project Funding/
Congressionally Directed Spending in the table entitled
``Community Project Funding/Congressionally Directed Spending''
included for this division in the explanatory statement
described in section 4 (in the matter preceding division A of
this consolidated Act): Provided further, That amounts made
available in the preceding proviso for such purposes shall not
diminish or prejudice any application or geographic region for
other discretionary grant or loan awards made by the Department
of Transportation: Provided further, That requirements under
subsections (g) and (l) of section 22907 of title 49, United
States Code, shall not apply to the funds made available under
this paragraph: Provided further, That any remaining funds
available after the distribution of the Community Project
Funding/Congressionally Directed Spending described in this
paragraph shall be available to the Secretary to distribute as
discretionary grants under this heading; and
(2) $50,000,000 shall be available to the Secretary to
distribute as discretionary grants under this heading in this
Act:
Provided further, That of the amounts made available under this
heading--
(1) $20,000,000 shall be derived by transfer from the
unobligated balances of amounts previously appropriated for
fiscal year 2026 for the costs of award and project management
oversight of grants, including amounts transferred to the
``Financial Assistance Oversight and Technical Assistance''
account (excluding amounts transferred to the Office of
Inspector General of the Department of Transportation and to
the National Railroad Passenger Corporation Office of Inspector
General) under the heading ``Federal Railroad Administration--
Consolidated Rail Infrastructure and Safety Improvements'' in
title VIII of division J of the Infrastructure Investment and
Jobs Act (Public Law 117-58); and
(2) $110,000,000 shall be derived by transfer from the
unobligated balances of amounts previously appropriated for
fiscal years 2025 and 2026 for the costs of award and project
management oversight of grants, including amounts transferred
to the ``Financial Assistance Oversight and Technical
Assistance'' account (excluding amounts transferred to the
Office of Inspector General of the Department of Transportation
and to the National Railroad Passenger Corporation Office of
Inspector General) under the heading ``Federal Railroad
Administration--Federal-State Partnership for Intercity
Passenger Rail Grants'' in title VIII of division J of the
Infrastructure Investment and Jobs Act (Public Law 117-58):
Provided further, That amounts transferred pursuant to the preceding
proviso shall continue to be treated as amounts specified in section
103(b) of division A of Public Law 118-5: Provided further, That for
amounts made available under this heading in this Act, eligible
projects under section 22907(c)(8) of title 49, United States Code,
shall also include railroad systems planning (including the preparation
of regional intercity passenger rail plans and State rail plans) and
railroad project development activities (including railroad project
planning, preliminary engineering, design, environmental analysis,
feasibility studies, and the development and analysis of project
alternatives): Provided further, That section 22905(f) of title 49,
United States Code, shall not apply to amounts made available under
this heading in this Act for projects that implement or sustain
positive train control systems otherwise eligible under section
22907(c)(1) of title 49, United States Code: Provided further, That
amounts made available under this heading in this Act for projects
selected for commuter rail passenger transportation may be transferred
by the Secretary, after selection, to the appropriate agencies to be
administered in accordance with chapter 53 of title 49, United States
Code: Provided further, That for amounts made available under this
heading in this Act, eligible recipients under section 22907(b)(7) of
title 49, United States Code, shall include any holding company of a
Class II railroad or Class III railroad (as those terms are defined in
section 20102 of title 49, United States Code): Provided further, That
section 22907(e)(1)(A) of title 49, United States Code, shall not apply
to amounts made available under this heading in this Act: Provided
further, That section 22907(e)(1)(A) of title 49, United States Code,
shall not apply to amounts made available under this heading in
previous fiscal years if such funds are announced in a notice of
funding opportunity that includes funds made available under this
heading in this Act: Provided further, That the preceding proviso
shall not apply to funds made available under this heading in the
Infrastructure Investment and Jobs Act (division J of Public Law 117-
58): Provided further, That unobligated balances remaining after 6
years from the date of enactment of this Act may be used for any
eligible project under section 22907(c) of title 49, United States
Code: Provided further, That the Secretary may withhold up to 2
percent of the amounts made available under this heading in this Act
for the costs of award and project management oversight of grants
carried out under title 49, United States Code.
northeast corridor grants to the national railroad passenger
corporation
To enable the Secretary of Transportation to make grants to the
National Railroad Passenger Corporation for activities associated with
the Northeast Corridor as authorized by section 22101(a) of the
Infrastructure Investment and Jobs Act (Public Law 117-58),
$850,000,000, to remain available until expended: Provided, That the
Secretary may retain up to one-half of 1 percent of the amounts made
available under both this heading in this Act and the ``National
Network Grants to the National Railroad Passenger Corporation'' heading
in this Act to fund the costs of project management and oversight of
activities authorized by section 22101(c) of the Infrastructure
Investment and Jobs Act (Public Law 117-58): Provided further, That in
addition to the project management oversight funds authorized under
section 22101(c) of the Infrastructure Investment and Jobs Act (Public
Law 117-58), the Secretary shall retain an additional $5,000,000 of the
amounts made available under this heading in this Act to fund expenses
associated with the Northeast Corridor Commission established under
section 24905 of title 49, United States Code.
national network grants to the national railroad passenger corporation
To enable the Secretary of Transportation to make grants to the
National Railroad Passenger Corporation for activities associated with
the National Network as authorized by section 22101(b) of the
Infrastructure Investment and Jobs Act (Public Law 117-58),
$1,577,000,000, to remain available until expended: Provided, That the
Secretary shall retain an additional $3,000,000 of the funds provided
under this heading in this Act to fund expenses associated with the
State-Supported Route Committee established under section 24712 of
title 49, United States Code: Provided further, That none of the funds
provided under this heading in this Act shall be used by Amtrak to give
notice under subsection (a) or (c) of section 24706 of title 49, United
States Code, with respect to long-distance routes (as defined in
section 24102 of title 49, United States Code) on which Amtrak is the
sole operator on a host railroad's line and a positive train control
system is not required by law or regulation, or, except in an emergency
or during maintenance or construction outages impacting such routes, to
otherwise discontinue, reduce the frequency of, suspend, or
substantially alter the route of rail service on any portion of such
route operated in fiscal year 2018, including implementation of service
permitted by section 24305(a)(3)(A) of title 49, United States Code, in
lieu of rail service: Provided further, That the National Railroad
Passenger Corporation may use up to $66,000,000 of the amounts made
available under this heading in this Act for corridor development
activities as authorized by section 22101(h) of Public Law 117-58:
Provided further, That $5,000,000 of the amounts made available under
this heading in this Act shall be for the modernization project
identified under this heading included for this division in the
explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act).
administrative provisions--federal railroad administration
(including transfer of funds)
(including rescission)
Sec. 150. The amounts made available to the Secretary or to the
Federal Railroad Administration for the costs of award, administration,
and project management oversight of financial assistance which are
administered by the Federal Railroad Administration, in this and prior
Acts, may be transferred to the Federal Railroad Administration's
``Financial Assistance Oversight and Technical Assistance'' account for
the necessary expenses to support the award, administration, project
management oversight, and technical assistance of financial assistance
administered by the Federal Railroad Administration, in the same manner
as appropriated for in this and prior Acts: Provided, That this
section shall not apply to amounts that were previously designated by
the Congress as an emergency requirement pursuant to a concurrent
resolution on the budget or the Balanced Budget and Emergency Deficit
Control Act of 1985.
Sec. 151. None of the funds made available to the National
Railroad Passenger Corporation may be used to fund any overtime costs
in excess of $35,000 for any individual employee: Provided, That the
President of Amtrak may waive the cap set in the preceding proviso for
specific employees when the President of Amtrak determines such a cap
poses a risk to the safety and operational efficiency of the system:
Provided further, That the President of Amtrak shall report to the
House and Senate Committees on Appropriations no later than 60 days
after the date of enactment of this Act, a summary of all overtime
payments incurred by Amtrak for 2025 and the 3 prior calendar years:
Provided further, That such summary shall include the total number of
employees that received waivers and the total overtime payments Amtrak
paid to employees receiving waivers for each month for 2025 and for the
3 prior calendar years.
Sec. 152. None of the funds made available to the National
Railroad Passenger Corporation under the headings ``Northeast Corridor
Grants to the National Railroad Passenger Corporation'' and ``National
Network Grants to the National Railroad Passenger Corporation'' may be
used to reduce the total number of Amtrak Police Department uniformed
officers patrolling on board passenger trains or at stations,
facilities or rights-of-way below the staffing level on May 1, 2019.
Sec. 153. For amounts made available under the heading ``Federal-
State Partnership for Intercity Passenger Rail'' for fiscal year 2026
in this Act and in title VIII of division J of Public Law 117-58, the
Union Station Redevelopment Corporation shall be considered an entity
eligible to receive a grant under section 24911(a) of title 49, United
States Code: Provided, That section 24911(f)(2) of title 49 shall not
apply to grants made available to the Union Station Redevelopment
Corporation under the authority as provided in this section: Provided
further, That the Union Station Redevelopment Corporation and the
National Railroad Passenger Corporation shall adhere to Public Law 97-
125 and ensure the historic preservation and improvements to Washington
Union Station are achieved with maximum reliance on the private sector
and minimum requirement for Federal assistance.
Sec. 154. None of the funds made available by this Act may be used
by the National Railroad Passenger Corporation in contravention of the
Worker Adjustment and Retraining Notification Act (29 U.S.C. 2101 et
seq.).
Sec. 155. It is the sense of Congress that--
(1) long-distance passenger rail routes provide much-needed
transportation access for 4,200,000 riders in 39 States and the
District of Columbia and are particularly important in rural
areas; and
(2) long-distance passenger rail routes and services should
be sustained to ensure connectivity throughout the National
Network (as defined in section 24102 of title 49, United States
Code).
Sec. 156. Of the unobligated balances of funds remaining from--
(1) ``Railroad Safety Grants'' account totaling $795,331.70
appropriated by Public Law 114-113 is hereby permanently
rescinded;
(2) ``Grants to the National Railroad Passenger
Corporation'' account totaling $20 appropriated by Public Law
104-50 is hereby permanently rescinded;
(3) ``Capital Assistance to States--Intercity Passenger
Rail Grant Program'' account totaling $292,181.41 appropriated
by Public Law 111-8 is hereby permanently rescinded;
(4) ``Capital Assistance for High Speed Rail Corridors and
Intercity Passenger Rail Service'' account totaling $9,912.54
appropriated by Public Law 111-117 is hereby permanently
rescinded;
(5) ``Railroad Research and Development'' account totaling
$1,008,385 appropriated by Public Law 109-115 is hereby
permanently rescinded;
(6) ``National Network Grants to the National Railroad
Passenger Corporation'' account totaling $76,633.70
appropriated by Public Law 115-31 is hereby permanently
rescinded;
(7) ``Magnetic Levitation Technology Deployment Program''
account totaling $14,000,000 appropriated by the following
public laws are hereby permanently rescinded:
(A) Public Law 116-6 a total of $10,000,000;
(B) Public Law 116-94 a total of $2,000,000; and
(C) Public Law 116-260 a total of $2,000,000;
(8) ``Consolidated Rail Infrastructure and Safety
Improvements'' account totaling $5,000,000 appropriated by
Public Law 117-328 for preconstruction planning activities and
capital costs related to the deployment of magnetic levitation
transportation projects is hereby permanently rescinded; and
(9) ``Capital Assistance for High Speed Rail Corridors and
Intercity Passenger Rail Service'' account totaling
$928,620,000 appropriated by Public Law 111-117 is hereby
permanently rescinded.
Federal Transit Administration
transit formula grants
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in the Federal public
transportation assistance program in this account, and for payment of
obligations incurred in carrying out the provisions of 49 U.S.C. 5305,
5307, 5310, 5311, 5312, 5314, 5318, 5329(e)(6), 5334, 5335, 5337, 5339,
and 5340, section 20005(b) of Public Law 112-141, and section 3006(b)
of Public Law 114-94, $14,642,000,000, to be derived from the Mass
Transit Account of the Highway Trust Fund and to remain available until
expended: Provided, That funds available for the implementation or
execution of programs authorized under 49 U.S.C. 5305, 5307, 5310,
5311, 5312, 5314, 5318, 5329(e)(6), 5334, 5335, 5337, 5339, and 5340,
section 20005(b) of Public Law 112-141, and section 3006(b) of Public
Law 114-94, shall not exceed total obligations of $14,642,000,000 in
fiscal year 2026.
transit infrastructure grants
(including transfer of funds)
For an additional amount for ferry boat grants under section
5307(h) of title 49, United States Code, bus testing facilities under
section 5318 of such title, accelerating innovative mobility initiative
grants under section 5312 of such title, Community Project Funding/
Congressionally Directed Spending for projects and activities eligible
under chapter 53 of such title, ferry service for rural communities
under section 71103 of division G of Public Law 117-58, and operating
assistance to improve public safety in transit systems, $211,423,390,
to remain available until expended: Provided, That of the sums
provided under this heading in this Act--
(1) $25,000,000 shall be available for ferry boat grants as
authorized under section 5307(h) of such title: Provided, That
of the amounts provided in this paragraph, no less than
$4,000,000 shall be available for low or zero emission ferries
or ferries using electric battery or fuel cell components and
the infrastructure to support such ferries;
(2) $1,500,000 shall be available for the operation and
maintenance of the bus testing facilities selected under
section 5318 of such title;
(3) $2,000,000 shall be available for the accelerating
innovative mobility initiative as authorized under section 5312
of title 49, United States Code: Provided, That such amounts
shall be available for competitive grants to improve mobility
and enhance the rider experience with a focus on innovative
service delivery models, creative financing, novel
partnerships, and integrated payment solutions in order to help
disseminate proven innovation mobility practices throughout the
public transportation industry;
(4) $147,923,390 shall be available for the purposes, and
in the amounts, specified for Community Project Funding/
Congressionally Directed Spending in the table entitled
``Community Project Funding/Congressionally Directed Spending''
included for this division in the explanatory statement
described in section 4 (in the matter preceding division A of
this consolidated Act): Provided, That amounts made available
in this paragraph for such purposes shall not diminish or
prejudice any application or geographic region for other
discretionary grant or loan awards made by the Department of
Transportation: Provided further, That unless otherwise
specified, applicable requirements under chapter 53 of title
49, United States Code, shall apply to amounts made available
in this paragraph, except that the Federal share of the costs
for a project in this paragraph shall be in an amount equal to
80 percent of the net costs of the project, unless the
Secretary approves a higher maximum Federal share of the net
costs of the project consistent with administration of similar
projects funded under chapter 53 of title 49, United States
Code;
(5) $20,000,000 shall be available for ferry service for
rural communities under section 71103 of division G of Public
Law 117-58: Provided, That for amounts made available in this
paragraph, notwithstanding section 71103(a)(2)(B), eligible
service shall include passenger ferry service that serves at
least two rural areas with a single segment over 15 miles
between the two rural areas: Provided further, That for (1)
amounts made available in this paragraph, (2) unobligated
balances from amounts made available pursuant to section
1101(a)(12) of division A of the Full-Year Continuing
Appropriations and Extensions Act, 2025 (Public Law 119-4) for
ferry service for rural communities previously appropriated in
paragraph (5) under this heading in division F of the
Consolidated Appropriations Act, 2024 (Public Law 118-42), and
(3) unobligated balances from amounts made available in
paragraph (5) under this heading in division F of the
Consolidated Appropriations Act, 2024 (Public Law 118-42),
notwithstanding section 71103(e)(2), eligible service shall
include passenger ferry service that receives funds apportioned
under chapter 53 of title 49, United States Code: Provided
further, That entities that provide eligible service pursuant
to the preceding two provisos may use amounts made available in
this paragraph for public transportation capital projects to
support any ferry service between two rural areas; and
(6) $15,000,000 shall be available for costs related to
operating equipment and facilities for use in public
transportation to improve public safety in transit systems:
Provided, That the Secretary shall provide amounts made
available in this paragraph as if such amounts were provided
under section 5307 of title 49, United States Code, as
applicable: Provided further, That notwithstanding subsection
a
(1) or (a)(2) of section 5307 of such title, amounts made
available in this paragraph shall be available for the
operating cost of equipment and facilities for use in public
transportation eligible under section 5307 of such title:
Provided further, That amounts made available in this paragraph
shall be for eligible recipients under section 5307 of such
title for such operating costs to improve public safety, reduce
crime, and increase security in transit systems: Provided
further, That the Secretary shall allocate amounts made
available in this paragraph to the 10 eligible recipients with
the highest ridership in fiscal year 2024: Provided further,
That amounts shall be provided to eligible recipients
proportionally based on ridership in fiscal year 2024:
Provided further, That no eligible recipient may receive an
allocation of more than 50 percent of the total amounts made
available in this paragraph: Provided further, That the
Secretary shall allocate any excess funds above the 50 percent
threshold in the preceding proviso to all other eligible
recipients in this paragraph proportionally based on ridership
in fiscal year 2024: Provided further, That the Secretary
shall allocate amounts made available in this paragraph to
eligible recipients no later than 30 days after the date of
enactment of this Act:
Provided further, That amounts made available under this heading
shall be derived from the general fund, of which--
(1) $40,795,000 shall be derived from amounts previously
appropriated for fiscal year 2026 for administrative and
oversight expenses as authorized under section 5334 and section
5338(c) of title 49, United States Code, (excluding amounts
transferred to the Office of Inspector General of the
Department of Transportation) under the heading ``Federal
Transit Administration--Transit Infrastructure Grants'' in
title VIII of division J of the Infrastructure Investment and
Jobs Act (Public Law 117-58);
(2) $4,975,000 shall be derived by transfer from the
unobligated balances of amounts previously appropriated for
fiscal years 2022, 2023, 2024, 2025, and 2026 for
administrative and oversight expenses as authorized under
section 5334 and section 5338(c) of title 49, United States
Code, (excluding amounts transferred to the Office of Inspector
General of the Department of Transportation) under the heading
``Federal Transit Administration--Electric or Low-Emitting
Ferry Program'' in title VIII of division J of the
Infrastructure Investment and Jobs Act (Public Law 117-58);
(3) $4,601,000 shall be derived by transfer from the
unobligated balances of amounts previously appropriated for
fiscal years 2022, 2023, 2024, 2025, and 2026 for
administrative and oversight expenses as authorized under
section 5334 and section 5338(c) of title 49, United States
Code, (excluding amounts transferred to the Office of Inspector
General of the Department of Transportation) under the heading
``Federal Transit Administration--Ferry Service for Rural
Communities'' in title VIII of division J of the Infrastructure
Investment and Jobs Act (Public Law 117-58); and
(4) $138,000,000 shall be derived by transfer from the
unobligated balances of amounts previously appropriated for
fiscal years 2025 and 2026 for the costs of award and project
management oversight of grants, including amounts transferred
to the ``Financial Assistance Oversight and Technical
Assistance'' account (excluding amounts transferred to the
Office of Inspector General of the Department of Transportation
and to the National Railroad Passenger Corporation Office of
Inspector General) under the heading ``Federal Railroad
Administration--Federal-State Partnership for Intercity
Passenger Rail Grants'' in title VIII of division J of the
Infrastructure Investment and Jobs Act (Public Law 117-58):
Provided further, That amounts transferred pursuant to the preceding
proviso shall continue to be treated as amounts specified in section
103(b) of division A of Public Law 118-5: Provided further, That
amounts made available under this heading in this Act shall not be
subject to any limitation on obligations for transit programs set forth
in this or any other Act.
technical assistance and training
For necessary expenses to carry out section 5314 of title 49,
United States Code, $7,500,000, to remain available until September 30,
2027: Provided, That the assistance provided under this heading does
not duplicate the activities of section 5311(b) or section 5312 of
title 49, United States Code: Provided further, That amounts made
available under this heading are in addition to any other amounts made
available for such purposes: Provided further, That amounts made
available under this heading shall not be subject to any limitation on
obligations set forth in this or any other Act.
capital investment grants
(including transfer of funds)
For necessary expenses to carry out fixed guideway capital
investment grants under section 5309 of title 49, United States Code,
and section 3005(b) of the Fixing America's Surface Transportation Act
(Public Law 114-94), $1,700,000,000, to remain available until
expended: Provided, That of the sums appropriated under this heading
in this Act--
(1) $1,357,300,000 shall be available for projects
authorized under section 5309(d) of title 49, United States
Code;
(2) $200,000,000 shall be available for projects authorized
under section 5309(e) of title 49, United States Code;
(3) $25,700,000 shall be available for projects authorized
under section 5309(h) of title 49, United States Code; and
(4) $100,000,000 shall be available for projects authorized
under section 3005(b) of the Fixing America's Surface
Transportation Act:
Provided further, That the amounts made available under this heading
in this or any prior appropriations Act shall be available for the
purposes, and in amounts, specified in the table entitled ``Allocation
of FTA Capital Investment Grants Funding'' included for this division
in the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act): Provided further, That
the Secretary shall make allocations for amounts made available under
this heading in this or any prior appropriations Act in accordance with
the table referred to in the second proviso under this heading in this
Act no later than 120 days after the enactment of this Act: Provided
further, That not to exceed 10 percent of any funding level specified
in the table referred to in the second proviso under this heading in
this Act may be transferred to any other funding level specified in
such table: Provided further, That no transfer of such funding levels
may increase or decrease any funding level in the table referred to in
the second proviso under this heading in this Act by more than 10
percent: Provided further, That the preceding two provisos shall not
apply to projects with full funding grant agreements under section
5309(d) of title 49, United States Code, included in the table referred
to in the second proviso under this heading in this Act: Provided
further, That for funds made available under this heading in division J
of Public Law 117-58 the second through sixth provisos shall be treated
as inapplicable for fiscal year 2026: Provided further, That for funds
made available under this heading in division J of Public Law 117-58,
$734,900,000 may be available for projects authorized under section
5309(d) of title 49, United States Code: Provided further, That for
funds made available under this heading in division J of Public Law
117-58, $849,500,000 may be available for projects authorized under
section 5309(h) of title 49, United States Code: Provided further,
That amounts repurposed under this heading in this Act shall continue
to be treated as amounts specified in section 103(b) of division A of
Public Law 118-5: Provided further, That the Secretary shall continue
to administer the capital investment grants program in accordance with
the procedural and substantive requirements of section 5309 of title
49, United States Code, and of section 3005(b) of the Fixing America's
Surface Transportation Act: Provided further, That projects that
receive a grant agreement under the expedited project delivery for
capital investment grants pilot program under section 3005(b) of the
Fixing America's Surface Transportation Act shall be deemed eligible
for funding provided for projects under section 5309 of title 49,
United States Code, without further evaluation or rating under such
section: Provided further, That such funding shall not exceed the
Federal share under section 3005(b).
grants to the washington metropolitan area transit authority
For grants to the Washington Metropolitan Area Transit Authority as
authorized under section 601 of division B of the Passenger Rail
Investment and Improvement Act of 2008 (Public Law 110-432),
$150,000,000, to remain available until expended: Provided, That the
Secretary of Transportation shall approve grants for capital and
preventive maintenance expenditures for the Washington Metropolitan
Area Transit Authority only after receiving and reviewing a request for
each specific project: Provided further, That the Secretary shall
determine that the Washington Metropolitan Area Transit Authority has
placed the highest priority on those investments that will improve the
safety of the system before approving such grants.
administrative provisions--federal transit administration
(including transfer of funds)
Sec. 160. The limitations on obligations for the programs of the
Federal Transit Administration shall not apply to any authority under
49 U.S.C. 5338, previously made available for obligation, or to any
other authority previously made available for obligation.
Sec. 161. Notwithstanding any other provision of law, funds
appropriated or limited by this Act under the heading ``Capital
Investment Grants'' of the Federal Transit Administration for projects
specified in this Act not obligated by September 30, 2029, and other
recoveries, shall be directed to projects eligible to use the funds for
the purposes for which they were originally provided.
Sec. 162. Notwithstanding any other provision of law, any funds
appropriated before October 1, 2025, under any section of chapter 53 of
title 49, United States Code, that remain available for expenditure,
may be transferred to and administered under the most recent
appropriation heading for any such section.
Sec. 163. None of the funds made available by this Act or any
other Act shall be used to adjust apportionments or withhold funds from
apportionments pursuant to section 9503(e)(4) of the Internal Revenue
Code of 1986 (26 U.S.C. 9503(e)(4)).
Sec. 164. None of the funds made available by this Act or any
other Act shall be used to impede or hinder project advancement or
approval for any project seeking a Federal contribution from the
capital investment grants program of greater than 40 percent of project
costs as authorized under section 5309 of title 49, United States Code.
Sec. 165. Of the unobligated balances made available for the
following programs authorized by Public Law 109-59, the Secretary shall
make $94,316,766 available for transportation assistance, including
assistance with transit planning, capital projects, and operating
assistance, for surface, commuter, and public transportation systems
necessary to support the mobility needs of the international
quadrennial Olympic and Paralympic events as authorized by section
1223(e) of Public Law 105-178--
(1) ``Alternatives Analysis Program'' under section 5339 of
title 49, United States Code;
(2) ``bus and bus-related equipment and facilities'' under
section 5309 of title 49, United States Code; and
(3) ``Alternative Transportation in Parks and Public
Lands'' under section 5320 of title 49, United States Code:
Provided, That such assistance shall be for any eligible entity as
defined by section 6702 of title 49, United States Code, that serves or
supports service to a venue that is part of the 2028 international
quadrennial Olympic or Paralympic events: Provided further, That such
assistance may be provided through direct grants or cooperative
agreements for which the Federal share shall not exceed 80 percent,
with the exception of assistance for a supplemental public
transportation bus system which shall be no less than 90 percent:
Provided further, That these amounts shall be in addition to other
amounts made available for such purpose: Provided further, That
amounts made available in this section may be transferred to other
operating administrations of the Department to administer the amounts
made available in this section as appropriate: Provided further, That
amounts made available in this section shall only be available for
obligation for the purposes specifically authorized in this section in
this Act for a period not to exceed 2 fiscal years after the official
closing of the 2028 international quadrennial Olympic and Paralympic
events.
Sec. 166. Of the unobligated balances made available for the
following programs authorized by Public Law 109-59 and Public Law 105-
178, the Secretary shall make $100,250,212 available for grants to
transit agencies for costs related to eligible planning, capital, and
operating expenses for equipment and facilities in support of matches
or other public events held in domestic host cities for the FIFA World
Cup 2026--
(1) ``Clean Fuels Grant Program'' under section 5308 of
title 49, United States Code;
(2) ``Job Access and Reverse Commute Formula Grants'' under
section 5316 of title 49, United States Code;
(3) ``New Freedom'' under section 5317 of title 49, United
States Code, as amended by Public Law 109-59; and
(4) ``Rural Transportation Accessibility Incentive
Program'' under section 3038 of Public Law 105-178:
Provided, That the Secretary shall apportion such amounts not later
than 30 days after enactment of this Act so that the transit agencies
in each of the domestic host cities for the FIFA World Cup 2026 are
each entitled to receive an amount equal to--
(1) 70 percent of the total amount apportioned multiplied
by a ratio equal to the FIFA estimated stadium capacity of the
host stadium at the time of apportionment divided by the total
FIFA estimated stadium capacity of all host stadiums at the
time of apportionment; and
(2) 30 percent of the total amount apportioned multiplied
by a ratio equal to the number of matches to be held in the
host stadium divided by the total number of matches to be held
in all host cities in the United States:
Provided further, That notwithstanding subsection (a)(1) or (b) of
section 5307 of title 49, United States Code, amounts made available in
this section are available for the planning, capital, and operating
expenses of transit agencies for hosting matches or other public events
held in domestic host cities for the FIFA World Cup 2026, eligible
under section 5307 of title 49, United States Code: Provided further,
That such planning, capital, and operating expenses are not required to
be included in a transportation improvement program, long-range
transportation, statewide transportation plan, or a statewide
transportation improvement program: Provided further, That the
Secretary shall not waive the requirements of section 5333 of title 49,
United States Code, for amounts made available in this section:
Provided further, That unless otherwise specified, applicable
requirements under chapter 53 of title 49, United States Code, shall
apply to amounts made available in this section, except that the
Federal share of the costs for which any grant is made according to
this section shall be, at the option of the recipient, up to 100
percent: Provided further, That amounts made available in this section
shall only be available for obligation for the purposes specifically
authorized in this section in this Act for a period not to exceed 1
fiscal year after the official closing of the FIFA World Cup 2026
events.
Great Lakes St. Lawrence Seaway Development Corporation
The Great Lakes St. Lawrence Seaway Development Corporation is
hereby authorized to make such expenditures, within the limits of funds
and borrowing authority available to the Corporation, and in accord
with law, and to make such contracts and commitments without regard to
fiscal year limitations, as provided by section 9104 of title 31,
United States Code, as may be necessary in carrying out the programs
set forth in the Corporation's budget for the current fiscal year.
operations and maintenance
(harbor maintenance trust fund)
For necessary expenses to conduct the operations, maintenance, and
capital infrastructure activities on portions of the St. Lawrence
Seaway owned, operated, and maintained by the Great Lakes St. Lawrence
Seaway Development Corporation, $38,080,000, to be derived from the
Harbor Maintenance Trust Fund, pursuant to section 210 of the Water
Resources Development Act of 1986 (33 U.S.C. 2238): Provided, That of
the amounts made available under this heading, not less than
$15,950,000 shall be for the seaway infrastructure program.
Maritime Administration
maritime security program
(including rescission)
For necessary expenses to maintain and preserve a U.S.-flag
merchant fleet as authorized under chapter 531 of title 46, United
States Code, to serve the national security needs of the United States,
$390,000,000, to remain available until expended: Provided, That of
the unobligated balances remaining from fiscal year 2021, 2022, 2023,
2024, and 2025 appropriations made available under this heading,
$38,400,000 are hereby permanently rescinded.
cable security fleet
(including rescission)
For the cable security fleet program, as authorized under chapter
532 of title 46, United States Code, $10,000,000, to remain available
until expended: Provided, That of the unobligated balances remaining
from fiscal year 2021 and 2022 appropriations made available under this
heading, $12,392,000 are hereby permanently rescinded.
tanker security program
(including rescission)
For Tanker Security Fleet payments, as authorized under section
53406 of title 46, United States Code, $81,600,000, to remain available
until expended: Provided, That of the unobligated balances remaining
from fiscal year 2022, 2023, and 2024 appropriations made available
under this heading, $42,808,000 are hereby permanently rescinded.
operations and training
For necessary expenses of operations and training activities
authorized by law, $275,791,000: Provided, That of the sums
appropriated under this heading--
(1) $101,500,000 shall remain available until September 30,
2027, for the operations of the United States Merchant Marine
Academy;
(2) $50,000,000 shall remain available until expended for
facilities maintenance and repair, and equipment, at the United
States Merchant Marine Academy;
(3) $50,000,000 shall remain available until expended for
the capital improvement program at the United States Merchant
Marine Academy;
(4) $2,000,000 shall remain available until September 30,
2027, for the maritime environmental and technical assistance
program authorized under section 50307 of title 46, United
States Code; and
(5) $5,000,000 shall remain available until expended, for
the United States marine highway program to make grants for the
purposes authorized under section 55601 of title 46, United
States Code:
Provided further, That the Administrator of the Maritime
Administration shall transmit to the House and Senate Committees on
Appropriations the annual report on sexual assault and sexual
harassment at the United States Merchant Marine Academy as required
pursuant to section 3510 of the National Defense Authorization Act for
fiscal year 2017 (46 U.S.C. 51318): Provided further, That the
Administrator of the Maritime Administration shall transmit to the
House and Senate Committees on Appropriations an annual capital
improvement program plan not later than 30 days after the submission of
the budget request: Provided further, That available balances under
this heading for the short sea transportation program or America's
marine highway program (now known as the United States marine highway
program) from prior year recoveries shall be available to carry out
activities authorized under section 55601 of title 46, United States
Code.
state maritime academy operations
For necessary expenses of operations, support, and training
activities for State Maritime Academies, $138,900,000: Provided, That
of the sums appropriated under this heading--
(1) $7,800,000 shall remain available until expended for
maintenance, repair, and life extension of training ships at
the State Maritime Academies;
(2) $110,000,000 shall remain available until expended for
the national security multi-mission vessel program, of which--
(A) not less than $55,000,000 shall be for
necessary expenses to design, plan, construct
infrastructure, and purchase equipment necessary to
berth such ships, as determined by the Secretary:
Provided, That such funds may be used to reimburse
State Maritime Academies for costs incurred prior to
the date of enactment of this Act; and
(B) up to $55,000,000 shall be for expenses related
to the operation, integration, oversight, and
management of national security multi-mission vessel
school ships, including insurance, maintenance, repair,
and equipment costs;
(3) $4,800,000 shall remain available until September 30,
2030, for the student incentive program;
(4) $9,300,000 shall remain available until expended for
training ship fuel assistance; and
(5) $7,000,000 shall remain available until September 30,
2027, for direct payments for State Maritime Academies:
Provided, That each institution eligible for such payments
receives no more than $1,000,000.
assistance to small shipyards
To make grants to qualified shipyards as authorized under section
54101 of title 46, United States Code, $35,000,000, to remain available
until expended.
ship disposal
For necessary expenses related to the disposal of obsolete vessels
in the National Defense Reserve Fleet of the Maritime Administration,
$6,000,000, to remain available until expended.
maritime guaranteed loan (title xi) program account
(including transfer of funds)
For administrative expenses to carry out the guaranteed loan
program, $3,940,000, which shall be transferred to and merged with the
appropriations for ``Maritime Administration--Operations and
Training''.
port infrastructure development program
To make grants to improve port facilities as authorized under
section 54301 of title 46, United States Code, and section 3501(b) of
the National Defense Authorization Act for fiscal year 2026 (Public Law
119-60), $103,330,000, to remain available until expended: Provided,
That of the sums appropriated under this heading in this Act--
(1) $38,628,000 shall be for projects for coastal seaports,
inland river ports, or Great Lakes ports: Provided, That for
grants awarded under this paragraph in this Act, the minimum
grant size shall be $1,000,000; and
(2) $64,702,000 shall be for the purposes, and in the
amounts, specified for Community Project Funding/
Congressionally Directed Spending in the table entitled
``Community Project Funding/Congressionally Directed Spending''
included for this division in the explanatory statement
described in section 4 (in the matter preceding division A of
this consolidated Act): Provided, That amounts made available
in this paragraph for such purposes shall not diminish or
prejudice any applicant or geographic region for other
discretionary grant or loan awards made by the Department of
Transportation.
administrative provisions--maritime administration
(including rescission)
Sec. 170. Notwithstanding any other provision of this Act, in
addition to any existing authority, the Maritime Administration is
authorized to furnish utilities and services and make necessary repairs
in connection with any lease, contract, or occupancy involving
Government property under control of the Maritime Administration:
Provided, That payments received therefor shall be credited to the
appropriation charged with the cost thereof and shall remain available
until expended: Provided further, That rental payments under any such
lease, contract, or occupancy for items other than such utilities,
services, or repairs shall be deposited into the Treasury as
miscellaneous receipts.
Sec. 171. Of the unobligated balances from prior year
appropriations available under the heading ``Maritime Administration--
Maritime Guaranteed Loan (Title XI) Program Account'', $34,000,000 are
hereby rescinded.
Pipeline and Hazardous Materials Safety Administration
operational expenses
For necessary operational expenses of the Pipeline and Hazardous
Materials Safety Administration, $28,647,000, of which $4,500,000 shall
remain available until September 30, 2028: Provided, That not less
than $2,000,000 of the amounts made available under this heading shall
be for pipeline safety information grants to communities as authorized
under section 60130 of title 49, United States Code: Provided further,
That the Secretary shall issue a notice of funding opportunity for such
funds not later than 120 days after enactment of this Act.
hazardous materials safety
For expenses necessary to discharge the hazardous materials safety
functions of the Pipeline and Hazardous Materials Safety
Administration, $66,050,000, of which $8,570,000 shall remain available
until September 30, 2028, of which $1,000,000 shall be made available
for carrying out section 5107(i) of title 49, United States Code:
Provided, That up to $800,000 in fees collected under section 5108(g)
of title 49, United States Code, shall be deposited in the general fund
of the Treasury as offsetting receipts: Provided further, That there
may be credited to this appropriation, to be available until expended,
funds received from States, counties, municipalities, other public
authorities, and private sources for expenses incurred for training,
for reports publication and dissemination, and for travel expenses
incurred in performance of hazardous materials exemptions and approvals
functions.
pipeline safety
(pipeline safety fund)
(oil spill liability trust fund)
For expenses necessary to carry out a pipeline safety program, as
authorized by section 60107 of title 49, United States Code, and to
discharge the pipeline program responsibilities of the Oil Pollution
Act of 1990 (Public Law 101-380), $214,807,000, to remain available
until September 30, 2028, of which $30,000,000 shall be derived from
the Oil Spill Liability Trust Fund; of which $177,407,000 shall be
derived from the Pipeline Safety Fund; of which $200,000 shall be
derived from the fees collected under section 60303 of title 49, United
States Code, and deposited in the Liquefied Natural Gas Siting Account
for compliance reviews of liquefied natural gas facilities; of which
$200,000 shall be derived from the fees collected under section 60117,
of title 49, United States Code, and deposited in the Pipeline Safety
Design Review Account for facility design safety reviews; and of which
$7,000,000 shall be derived from fees collected under section 60302 of
title 49, United States Code, and deposited in the Underground Natural
Gas Storage Facility Safety Account for the purpose of carrying out
section 60141 of title 49, United States Code: Provided, That not less
than $1,058,000 of the amounts made available under this heading shall
be for the one-call state grant program: Provided further, That any
amounts made available under this heading in this Act or in prior Acts
for research contracts, grants, cooperative agreements or research
other transactions agreements (OTAs) shall require written notification
to the House and Senate Committees on Appropriations not less than 3
full business days before such research contracts, grants, cooperative
agreements, or research OTAs are announced by the Department of
Transportation: Provided further, That the Secretary shall transmit to
the House and Senate Committees on Appropriations the report on
pipeline safety testing enhancement as required pursuant to section 105
of the Protecting our Infrastructure of Pipelines and Enhancing Safety
Act of 2020 (division R of Public Law 116-260): Provided further, That
the Secretary may obligate amounts made available under this heading to
engineer, erect, alter, and repair buildings or make any other public
improvements for research facilities at the Transportation Technology
Center after the Secretary submits an updated research plan and the
report in the preceding proviso to the House and Senate Committees on
Appropriations and after such plan and report in the preceding proviso
are approved by the House and Senate Committees on Appropriations:
Provided further, That of the amounts made available under this
heading, not less than $5,000,000 is for the National Center of
Excellence for Liquefied Natural Gas Safety authorized under section
111 of the Protecting Our Infrastructure of Pipelines and Enhancing
Safety Act of 2020 (PIPES) Act.
emergency preparedness grants
(limitation on obligations)
(emergency preparedness fund)
For expenses necessary to carry out the Emergency Preparedness
Grants program, not more than $46,825,000 shall remain available until
September 30, 2028, from amounts made available by section 5116(h) and
subsections (b) and (c) of section 5128 of title 49, United States
Code: Provided, That notwithstanding section 5116(h)(4) of title 49,
United States Code, not more than 4 percent of the amounts made
available from this account shall be available to pay the
administrative costs of carrying out sections 5116, 5107(e), and
5108(g)(2) of title 49, United States Code: Provided further, That
notwithstanding subsections (b) and (c) of section 5128 of title 49,
United States Code, and the limitation on obligations provided under
this heading, prior year recoveries recognized in the current year
shall be available to develop and deliver hazardous materials emergency
response training for emergency responders, including response
activities for the transportation of crude oil, ethanol, flammable
liquids, and other hazardous commodities by rail, consistent with
National Fire Protection Association standards, and to make such
training available through an electronic format: Provided further,
That the prior year recoveries made available under this heading shall
also be available to carry out sections 5116(a)(1)(C), 5116(h),
5116(i), 5116(j), and 5107(e) of title 49, United States Code.
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of Inspector General to carry
out the provisions of the Inspector General Act of 1978, as amended,
$113,000,000: Provided, That the Inspector General shall have all
necessary authority, in carrying out the duties specified in the
Inspector General Act, as amended (5 U.S.C. App.), to investigate
allegations of fraud, including false statements to the government (18
U.S.C. 1001), by any person or entity that is subject to regulation by
the Department of Transportation: Provided further, That none of the
funds made available by this Act or any other Act shall be used to
impede or prevent the Inspector General (or Acting Inspector General)
of the Department of Transportation from exercising the independent
authority over all personnel decisions, as authorized under section 406
of title 5, United States Code.
General Provisions--Department of Transportation
Sec. 180. (a) During the current fiscal year, applicable
appropriations to the Department of Transportation shall be available
for maintenance and operation of aircraft; hire of passenger motor
vehicles and aircraft; purchase of liability insurance for motor
vehicles operating in foreign countries on official department
business; and uniforms or allowances therefor, as authorized by
sections 5901 and 5902 of title 5, United States Code.
b
During the current fiscal year, applicable appropriations to
the Department and its operating administrations shall be available for
the purchase, maintenance, operation, and deployment of unmanned
aircraft systems that advance the missions of the Department of
Transportation or an operating administration of the Department of
Transportation.
c
Any unmanned aircraft system purchased, procured, or contracted
for by the Department prior to the date of enactment of this Act shall
be deemed authorized by Congress as if this provision was in effect
when the system was purchased, procured, or contracted for.
Sec. 181. Appropriations contained in this Act for the Department
of Transportation shall be available for services as authorized by
section 3109 of title 5, United States Code, but at rates for
individuals not to exceed the per diem rate equivalent to the rate for
an Executive Level IV.
Sec. 182. (a) No recipient of amounts made available by this Act
shall disseminate personal information (as defined in section 2725(3)
of title 18, United States Code) obtained by a State department of
motor vehicles in connection with a motor vehicle record as defined in
section 2725(1) of title 18, United States Code, except as provided in
section 2721 of title 18, United States Code, for a use permitted under
section 2721 of title 18, United States Code.
b
Notwithstanding subsection (a), the Secretary shall not
withhold amounts made available by this Act for any grantee if a State
is in noncompliance with this provision.
Sec. 183. None of the funds made available by this Act shall be
available for salaries and expenses of more than 125 political and
Presidential appointees in the Department of Transportation: Provided,
That none of the personnel covered by this provision may be assigned on
temporary detail outside the Department of Transportation.
Sec. 184. Funds received by the Federal Highway Administration and
Federal Railroad Administration from States, counties, municipalities,
other public authorities, and private sources for expenses incurred for
training may be credited respectively to the Federal Highway
Administration's ``Federal-Aid Highways'' account and to the Federal
Railroad Administration's ``Safety and Operations'' account, except for
State rail safety inspectors participating in training pursuant to
section 20105 of title 49, United States Code.
Sec. 185. None of the funds made available by this Act or in title
VIII of division J of Public Law 117-58 to the Department of
Transportation may be used to make, withdraw, terminate, or rescind
(except at the request of the recipient) a loan, loan guarantee, line
of credit, letter of intent, federally funded cooperative agreement,
full funding grant agreement, or discretionary grant unless the
Secretary of Transportation notifies the House and Senate Committees on
Appropriations not less than 3 full business days before any project
competitively selected to receive any discretionary grant award, letter
of intent, loan commitment, loan guarantee commitment, line of credit
commitment, federally funded cooperative agreement, or full funding
grant agreement is announced or is notified of such changes by the
Department or its operating administrations: Provided, That the
Secretary of Transportation shall provide the House and Senate
Committees on Appropriations with a comprehensive list of all such
loans, loan guarantees, lines of credit, letters of intent, federally
funded cooperative agreements, full funding grant agreements, and
discretionary grants prior to the notification required under the
preceding proviso: Provided further, That the Secretary gives
concurrent notification to the House and Senate Committees on
Appropriations for any ``quick release'' of funds from the emergency
relief program: Provided further, That no notification shall involve
funds that are not available for obligation.
Sec. 186. Rebates, refunds, incentive payments, minor fees, and
other funds received by the Department of Transportation from travel
management centers, charge card programs, the subleasing of building
space, and miscellaneous sources are to be credited to appropriations
of the Department of Transportation and allocated to organizational
units of the Department of Transportation using fair and equitable
criteria and such funds shall be available until expended.
Sec. 187. Notwithstanding any other provision of law, if any funds
provided by or limited by this Act are subject to a reprogramming
action that requires notice to be provided to the House and Senate
Committees on Appropriations, transmission of such reprogramming notice
shall be provided solely to the House and Senate Committees on
Appropriations, and such reprogramming action shall be approved or
denied solely by the House and Senate Committees on Appropriations:
Provided, That the Secretary of Transportation may provide notice to
other congressional committees of the action of the House and Senate
Committees on Appropriations on such reprogramming but not sooner than
30 days after the date on which the reprogramming action has been
approved or denied by the House and Senate Committees on
Appropriations.
Sec. 188. Funds appropriated by this Act to the operating
administrations may be obligated for the Office of the Secretary for
the costs related to assessments or reimbursable agreements only when
such amounts are for the costs of goods and services that are purchased
to provide a direct benefit to the applicable operating administration
or administrations.
Sec. 189. The Secretary of Transportation is authorized to carry
out a program that establishes uniform standards for developing and
supporting agency transit pass and transit benefits authorized under
section 7905 of title 5, United States Code, including distribution of
transit benefits by various paper and electronic media.
Sec. 190. The Department of Transportation may use funds provided
by this Act, or any other Act, to assist a contract under title 49 or
23 of the United States Code utilizing geographic, economic, or any
other hiring preference not otherwise authorized by law, or to amend a
rule, regulation, policy or other measure that forbids a recipient of a
Federal Highway Administration or Federal Transit Administration grant
from imposing such hiring preference on a contract or construction
project with which the Department of Transportation is assisting, only
if the grant recipient certifies the following:
(1) that except with respect to apprentices or trainees, a
pool of readily available but unemployed individuals possessing
the knowledge, skill, and ability to perform the work that the
contract requires resides in the jurisdiction;
(2) that the grant recipient will include appropriate
provisions in its bid document ensuring that the contractor
does not displace any of its existing employees in order to
satisfy such hiring preference; and
(3) that any increase in the cost of labor, training, or
delays resulting from the use of such hiring preference does
not delay or displace any transportation project in the
applicable statewide transportation improvement program or
transportation improvement program.
Sec. 191. The Secretary of Transportation shall coordinate with
the Secretaries of Homeland Security and Commerce to ensure that best
practices for Industrial Control Systems Procurement are up-to-date and
are considered for all systems procured with funds provided under this
title.
Sec. 192. None of the funds made available in this Act may be used
in contravention of the American Security Drone Act of 2023 (subtitle B
of title XVIII of division A of Public Law 118-31).
Sec. 193. None of the funds appropriated or made available by this
title for the Department of Transportation for fiscal year 2026 may be
used to enforce a mask mandate in response to the COVID-19 virus.
Sec. 194. The Secretary shall issue a new notice of funding
opportunity for six new university transportation centers, as
authorized under section 5505 of title 49, United States Code:
Provided, That in selecting such university transportation center
awards, the Secretary shall first prioritize (a) any applicants that
had previously been selected as a university transportation center
focusing on transportation infrastructure durability and composite
materials and were required to re-compete before the end of the typical
5-year term and who currently participate in the Department of
Transportation's Advanced Research Projects Agency--Infrastructure
program and (b) any applicant that had their university transportation
center designation cancelled in May 2025 by the Department of
Transportation and such university transportation center designation
remains cancelled on the date of enactment of this Act: Provided
further, That such university transportation center awards shall be
made available using any unobligated amounts remaining from the
university transportation centers program, which have not been
committed to any existing university transportation center grantees:
Provided further, That any such unobligated amounts shall include funds
made available in section 11101(c)(1)(E) of the Infrastructure
Investment and Jobs Act (Public Law 117-58) and funds made available
under the heading ``Federal Highway Administration--Highway
Infrastructure Programs'' in title VIII of division J of the
Infrastructure Investment and Jobs Act (Public Law 117-58): Provided
further, That amounts repurposed or transferred pursuant to this
section shall continue to be treated as amounts specified in section
103(b) of division A of Public Law 118-5.
This title may be cited as the ``Department of Transportation
Appropriations Act, 2026''.
TITLE II
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Management and Administration
executive offices
For necessary salaries and expenses for Executive Offices, which
shall be comprised of the offices of the Secretary, Deputy Secretary,
Adjudicatory Services, Congressional and Intergovernmental Relations,
Public Affairs, Small and Disadvantaged Business Utilization, and the
Center for Faith, $17,500,000, to remain available until September 30,
2027: Provided, That of the sums appropriated under this heading not
less than $2,500,000 shall be for the Office of the Deputy Secretary,
of which not less than $500,000 shall be for the Office of Gender-Based
Violence Prevention and not less than $1,500,000 shall be for the
Office of Disaster Management: Provided further, That not to exceed
$25,000 of the amount made available under this heading shall be
available to the Secretary of Housing and Urban Development (referred
to in this title as ``the Secretary'') for official reception and
representation expenses as the Secretary may determine.
administrative support offices
For necessary salaries and expenses for Administrative Support
Offices, $595,000,000, to remain available until September 30, 2027:
Provided, That of the sums appropriated under this heading--
(1) $103,200,000 shall be available for the Office of the
Chief Financial Officer;
(2) $93,000,000 shall be available for the Office of the
General Counsel;
(3) $218,000,000 shall be available for the Office of
Administration;
(4) $53,000,000 shall be available for the Office of the
Chief Human Capital Officer;
(5) $29,500,000 shall be available for the Office of the
Chief Procurement Officer;
(6) $40,000,000 shall be available for the Office of Field
Policy and Management;
(7) $3,300,000 shall be available for the Office of
Departmental Equal Employment Opportunity; and
(8) $55,000,000 shall be available for the Office of the
Chief Information Officer:
Provided further, That funds made available under this heading may be
used for necessary administrative and non-administrative expenses of
the Department, not otherwise provided for, including purchase of
uniforms, or allowances therefor, as authorized by sections 5901 and
5902 of title 5, United States Code; hire of passenger motor vehicles;
and services as authorized by section 3109 of title 5, United States
Code: Provided further, That notwithstanding any other provision of
law, funds appropriated under this heading may be used for advertising
and promotional activities that directly support program activities
funded in this title: Provided further, That none of the funds made
available by this or any prior Act may be used in contravention of
section 3535(p) of title 42, United States Code.
program offices
For necessary salaries and expenses for Program Offices,
$842,500,000, to remain available until September 30, 2027: Provided,
That of the sums appropriated under this heading--
(1) $233,000,000 shall be available for the Office of
Public and Indian Housing;
(2) $129,000,000 shall be available for the Office of
Community Planning and Development;
(3) $380,000,000 shall be available for the Office of
Housing;
(4) $31,500,000 shall be available for the Office of Policy
Development and Research;
(5) $60,000,000 shall be available for the Office of Fair
Housing and Equal Opportunity; and
(6) $9,000,000 shall be available for the Office of Lead
Hazard Control and Healthy Homes.
information technology fund
For Department-wide and program-specific information technology
systems and infrastructure, $345,000,000, to remain available until
September 30, 2028: Provided, That not later than 30 days after the
end of each quarter, the Secretary shall brief the House and Senate
Committees on Appropriations on all information technology
modernization efforts as required in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act).
working capital fund
(including transfer of funds)
For the working capital fund for the Department of Housing and
Urban Development (referred to in this paragraph as the ``Fund''),
pursuant, in part, to section 7(f) of the Department of Housing and
Urban Development Act (42 U.S.C. 3535(f)), amounts transferred,
including reimbursements pursuant to section 7(f), to the Fund under
this heading shall be available only for Federal shared services used
by offices and agencies of the Department, and for any such portion of
any office or agency's printing, records management, space renovation,
furniture, or supply services the Secretary has determined shall be
provided through the Fund, and the operational expenses of the Fund:
Provided, That amounts within the Fund shall not be available to
provide services not specifically authorized under this heading:
Provided further, That upon a determination by the Secretary that any
other service (or portion thereof) authorized under this heading shall
be provided through the Fund, amounts made available in this title for
salaries and expenses under the headings ``Executive Offices'',
``Administrative Support Offices'', ``Program Offices'', and
``Government National Mortgage Association'', for such services shall
be transferred to the Fund, to remain available until expended:
Provided further, That the Secretary shall notify the House and Senate
Committees on Appropriations of its plans for executing such transfers
at least 15 days in advance of such transfers.
Public and Indian Housing
tenant-based rental assistance
For activities and assistance for the provision of tenant-based
rental assistance authorized under the United States Housing Act of
1937, as amended (42 U.S.C. 1437 et seq.) (in this heading ``the
Act''), not otherwise provided for, $34,438,557,000, to remain
available until expended, which shall be available on October 1, 2025
(in addition to the $4,000,000,000 previously appropriated under this
heading that shall be available on October 1, 2025), and
$4,000,000,000, to remain available until expended, which shall be
available on October 1, 2026: Provided, That of the sums appropriated
under this heading--
(1) $34,957,000,000 shall be available for renewals of
expiring section 8 tenant-based annual contributions contracts
(including renewals of enhanced vouchers under any provision of
law authorizing such assistance under section 8(t) of the Act)
and including renewal of other special purpose incremental
vouchers: Provided, That notwithstanding any other provision
of law, from amounts provided under this paragraph and any
carryover, the Secretary for the calendar year 2026 funding
cycle shall provide renewal funding for each public housing
agency based on validated voucher management system (VMS) or
successor system leasing and cost data for the prior calendar
year and by applying an inflation factor as established by the
Secretary, by notice published in the Federal Register, and by
making any necessary adjustments for the costs associated with
the first-time renewal of vouchers under this paragraph
including tenant protection and choice neighborhoods vouchers:
Provided further, That none of the funds provided under this
paragraph may be used to fund a total number of unit months
under lease which exceeds a public housing agency's authorized
level of units under contract, except for public housing
agencies participating in the moving to work (MTW)
demonstration, which are instead governed in accordance with
the requirements of the MTW demonstration program or their MTW
agreements, if any, or as necessary on a temporary basis and
within available resources to facilitate the transition of
residents assisted by emergency housing vouchers (Public Law
117-2; 135 Stat. 58) to tenant-based rental assistance under
the housing assistance payment contract under section 8(o) of
the Act: Provided further, That any leasing or associated
costs authorized for emergency housing vouchers in the
preceding proviso above the public housing agency's authorized
level of units under contract shall not be included in the
calculation of the agency's renewal funding allocation for any
subsequent fiscal year: Provided further, That the Secretary
shall, to the extent necessary to stay within the amount
specified under this paragraph (except as otherwise modified
under this paragraph), prorate each public housing agency's
allocation otherwise established pursuant to this paragraph:
Provided further, That except as provided in the following
provisos, the entire amount specified under this paragraph
(except as otherwise modified under this paragraph) shall be
obligated to the public housing agencies based on the
allocation and pro rata method described above, and the
Secretary shall notify public housing agencies of their annual
budget by the latter of 60 days after enactment of this Act or
March 1, 2026: Provided further, That the Secretary may extend
the notification period only after the House and Senate
Committees on Appropriations are notified at least 10 business
days in advance of the deadline: Provided further, That public
housing agencies participating in the MTW demonstration shall
be funded in accordance with the requirements of the MTW
demonstration program or their MTW agreements, if any, and
shall be subject to the same pro rata adjustments under the
preceding provisos: Provided further, That the Secretary may
perform a statutory offset of public housing agencies' calendar
year 2026 allocations based on the excess amounts of public
housing agencies' net restricted assets accounts, including
HUD-held programmatic reserves (in accordance with VMS or
successor system data in calendar year 2025 that is verifiable
and complete), as determined by the Secretary: Provided
further, That public housing agencies participating in the MTW
demonstration shall also be subject to the statutory offset:
Provided further, That for amounts subject to the single fund
budget authority provisions of their MTW agreements, excess
amounts shall be offset only to the extent permitted by section
239 of the Consolidated Appropriations Act, 2016 (Public Law
114-113): Provided further, That for public housing agencies
in the MTW demonstration subject to single fund budget
authority provisions, the Secretary shall provide not less than
60 days to appeal such offsets and shall not offset amounts
that have been committed to capital improvement, development,
and other repositioning activities that are scheduled to close
within 12 months of enactment of this Act, as evidenced in
funding applications, project schedules, or other commitments
to third parties implementing such activities, to the extent
that reserve amounts excluded from offset under such section
239 are insufficient to cover such commitments: Provided
further, That the Secretary shall not offset any portion of a
public housing agency's excess amounts if offsetting such
portion would result in a public housing agency being put in a
shortfall position in calendar year 2026, as estimated by HUD
prior to the offset's implementation, as determined by the
Secretary: Provided further, That the Secretary shall use any
such offset amounts referred to in the preceding five provisos
throughout the calendar year to prevent the termination of
rental assistance for families as the result of insufficient
funding, as determined by the Secretary, and to avoid or reduce
the proration of renewal funding allocations: Provided
further, That the Secretary may waive or specify alternative
requirements for section 5A and section 8(o) of the Act or any
regulation applicable to such statutes related to the
administration of waiting lists, local preferences,
portability, and public housing agency plan and public hearing
requirements to facilitate or expedite the transition of
residents assisted by emergency housing vouchers (Public Law
117-2; 135 Stat. 58) to tenant-based rental assistance under
the housing assistance payment contract under section 8(o) of
the Act: Provided further, That up to $400,000,000 shall be
available only:
(A) for adjustments in the allocations for public
housing agencies, after application for an adjustment
by a public housing agency that experienced a
significant increase, as determined by the Secretary,
in renewal costs of vouchers resulting from unforeseen
circumstances or from portability under section 8(r) of
the Act;
(B) for vouchers that were not in use during the
previous 12-month period in order to be available to
meet a commitment pursuant to section 8(o)(13) of the
Act, or an adjustment for a funding obligation not yet
expended in the previous calendar year for a MTW-
eligible activity to develop affordable housing for an
agency added to the MTW demonstration under the
expansion authority provided in section 239 of the
Transportation, Housing and Urban Development, and
Related Agencies Appropriations Act, 2016 (division L
of Public Law 114-113);
(C) for adjustments for costs associated with HUD-
Veterans Affairs Supportive Housing (HUD-VASH)
vouchers;
(D) for public housing agencies that despite taking
reasonable cost savings measures, as determined by the
Secretary, would otherwise be required to terminate
rental assistance for families as a result of
insufficient funding;
(E) for adjustments in the allocations for public
housing agencies that--
i
are leasing a lower-than-average
percentage of their authorized vouchers,
(ii) have low amounts of budget authority
in their net restricted assets accounts and
HUD-held programmatic reserves, relative to
other agencies, and
(iii) are not participating in the MTW
demonstration, to enable such agencies to lease
more vouchers;
(F) for withheld payments in accordance with
section 8(o)(8)(A)(ii) of the Act for months in the
previous calendar year that were subsequently paid by
the public housing agency after the agency's actual
costs were validated;
(G) for public housing agencies that have
experienced increased costs or loss of units in an area
for which the President declared a disaster under title
IV of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5170 et seq.); and
(H) for costs associated with mainstream vouchers:
Provided further, That the Secretary shall allocate amounts
under the preceding proviso based on need, as determined by the
Secretary;
(2) $600,622,000 shall be available for section 8 rental
assistance for relocation and replacement of housing units that
are demolished or disposed of pursuant to section 18 of the
Act, conversion of section 23 projects to assistance under
section 8, relocation of witnesses (including victims of
violent crimes) in connection with efforts to combat crime in
public and assisted housing pursuant to a request from a law
enforcement or prosecution agency, enhanced vouchers under any
provision of law authorizing such assistance under section 8(t)
of the Act, choice neighborhood vouchers, mandatory and
voluntary conversions, and tenant protection assistance
including replacement and relocation assistance or for project-
based assistance to prevent the displacement of unassisted
elderly tenants currently residing in section 202 properties
financed between 1959 and 1974 that are refinanced pursuant to
Public Law 106-569, as amended, or under the authority as
provided under this Act: Provided, That when a public housing
development is submitted for demolition or disposition under
section 18 of the Act, the Secretary may provide section 8
rental assistance when the units pose an imminent health and
safety risk to residents: Provided further, That the Secretary
may provide section 8 rental assistance from amounts made
available under this paragraph for units assisted under a
project-based subsidy contract funded under the ``Project-Based
Rental Assistance'' heading under this title where the owner
has received a Notice of Default and the units pose an imminent
health and safety risk to residents: Provided further, That of
the amounts made available under this paragraph, no less than
$5,000,000 may be available to provide tenant protection
assistance, not otherwise provided under this paragraph, to
residents residing in low vacancy areas and who may have to pay
rents greater than 30 percent of household income, as the
result of: (A) the maturity of a HUD-insured, HUD-held or
section 202 loan that requires the permission of the Secretary
prior to loan prepayment; (B) the expiration of a rental
assistance contract for which the tenants are not eligible for
enhanced voucher or tenant protection assistance under existing
law; or (C) the expiration of affordability restrictions
accompanying a mortgage or preservation program administered by
the Secretary: Provided further, That such tenant protection
assistance made available under the preceding proviso may be
provided under the authority of section 8(t) or section
8(o)(13) of the Act: Provided further, That any tenant
protection voucher made available from amounts under this
paragraph shall not be reissued by any public housing agency,
except the replacement vouchers as defined by the Secretary by
notice, when the initial family that received any such voucher
no longer receives such voucher, and the authority for any
public housing agency to issue any such voucher shall cease to
exist: Provided further, That the Secretary may only provide
replacement vouchers for units that were occupied within the
previous 24 months that cease to be available as assisted
housing, subject only to the availability of funds: Provided
further, That amounts made available under this paragraph may
be available to provide calendar year 2026 assistance to public
housing agencies that would otherwise be required to terminate
emergency housing vouchers (Public Law 117-2; 135 Stat. 58) for
families as a result of insufficient funding;
(3) $2,835,935,000 shall be available for administrative
and other expenses of public housing agencies in administering
the section 8 tenant-based rental assistance program, of which
up to $30,000,000 shall be available to the Secretary to
allocate to public housing agencies that need additional funds
to administer their section 8 programs, including fees
associated with section 8 tenant protection rental assistance,
the administration of disaster related vouchers, HUD-VASH
vouchers, and other special purpose incremental vouchers:
Provided, That no less than $2,805,935,000 of the amount
provided in this paragraph shall be allocated to public housing
agencies for the calendar year 2026 funding cycle based on
section 8(q) of the Act (and related appropriations Act
provisions) as in effect immediately before the enactment of
the Quality Housing and Work Responsibility Act of 1998 (Public
Law 105-276): Provided further, That if the amounts made
available under this paragraph are insufficient to pay the
amounts determined under the preceding proviso, the Secretary
may decrease the amounts allocated to agencies by a uniform
percentage applicable to all agencies receiving funding under
this paragraph or may, to the extent necessary to provide full
payment of amounts determined under the preceding proviso,
utilize unobligated balances, including recaptures and
carryover, remaining from funds appropriated under this heading
from prior fiscal years, excluding special purpose vouchers,
notwithstanding the purposes for which such amounts were
appropriated: Provided further, That all public housing
agencies participating in the MTW demonstration shall be funded
in accordance with the requirements of the MTW demonstration
program or their MTW agreements, if any, and shall be subject
to the same uniform percentage decrease as under the preceding
proviso: Provided further, That amounts provided under this
paragraph shall be only for activities related to the provision
of tenant-based rental assistance authorized under section 8,
including related development activities;
(4) $15,000,000 shall be available for incremental rental
voucher assistance for use through a supported housing program
administered in conjunction with the Department of Veterans
Affairs as authorized under section 8(o)(19) of the United
States Housing Act of 1937: Provided, That the Secretary of
Housing and Urban Development shall make such funding
available, notwithstanding section 203 (competition provision)
of this title, to public housing agencies that partner with
eligible VA medical centers or other entities as designated by
the Secretary of the Department of Veterans Affairs, based on
geographical need for such assistance as identified by the
Secretary of the Department of Veterans Affairs, public housing
agency administrative performance, and other factors as
specified by the Secretary of Housing and Urban Development in
consultation with the Secretary of the Department of Veterans
Affairs: Provided further, That the Secretary of Housing and
Urban Development may waive, or specify alternative
requirements for (in consultation with the Secretary of the
Department of Veterans Affairs), any provision of any statute
or regulation that the Secretary of Housing and Urban
Development administers in connection with the use of funds
made available under this paragraph (except for requirements
related to fair housing, nondiscrimination, labor standards,
and the environment), upon a finding by the Secretary that any
such waivers or alternative requirements are necessary for the
effective delivery and administration of such voucher
assistance: Provided further, That assistance made available
under this paragraph shall continue to remain available for
homeless veterans upon turn-over: Provided further, That of
the total amount made available under this paragraph, up to
$10,000,000 may be for additional fees established by and
allocated pursuant to a method determined by the Secretary for
administrative and other expenses (including those eligible
activities defined by notice to facilitate leasing, such as
security deposit assistance and costs related to the retention
and support of participating owners) of public housing agencies
in administering HUD-VASH vouchers;
(5) $30,000,000 shall be available for the family
unification program as authorized under section 8(x) of the
Act: Provided, That the amounts made available under this
paragraph are provided as follows:
(A) $5,000,000 shall be available for new
incremental voucher assistance, which shall continue to
remain available for family unification upon turnover;
and
(B) $25,000,000 shall be available for new
incremental voucher assistance to assist eligible youth
as defined by such section 8(x)(2)(B) of the Act, which
shall continue to remain available for such eligible
youth upon turnover: Provided, That such amounts shall
be available on a noncompetitive basis to public
housing agencies that partner with public child welfare
agencies to identify such eligible youth, that request
such assistance to timely assist such eligible youth,
and that meet any other criteria as specified by the
Secretary: Provided further, That the Secretary shall
review utilization of such assistance and assistance
originating from appropriations made available for
youth under this heading in any prior Act that the
Secretary made available on a noncompetitive basis, at
an interval to be determined by the Secretary, and
unutilized voucher assistance that is no longer needed
based on such review shall be recaptured by the
Secretary and reallocated pursuant to the preceding
proviso:
Provided further, That any public housing agency
administering new incremental voucher assistance originating
from appropriations made available for the family unification
program under this heading in this or any prior Act that the
Secretary made available on a competitive basis that determines
it no longer has an identified need for such assistance upon
turnover shall notify the Secretary, and the Secretary shall
recapture such assistance from the agency and reallocate it to
any other public housing agency or agencies based on need for
voucher assistance in connection with such specified program or
eligible youth, as applicable; and
(6) the Secretary shall separately track all special
purpose vouchers funded under this heading and continue to
provide timely updates on budget, utilization, spending and
leasing trends for all vouchers by purpose on the voucher data
dashboard on the publicly accessible website of the Department:
Provided, That upon turnover, special purpose vouchers issued
pursuant to section 811 of the Cranston-Gonzalez National
Affordable Housing Act (42 U.S.C. 8013) funded under this or
any other heading in this or prior Acts, shall be provided to
non-elderly persons with disabilities.
housing certificate fund
(including rescissions)
Unobligated balances, including recaptures and carryover, remaining
from funds appropriated to the Department of Housing and Urban
Development under this heading, the heading ``Annual Contributions for
Assisted Housing'' and the heading ``Project-Based Rental Assistance'',
for fiscal year 2026 and prior years may be used for renewal of or
amendments to section 8 project-based contracts and for performance-
based contract administrators, notwithstanding the purposes for which
such funds were appropriated: Provided, That any obligated balances of
contract authority from fiscal year 1974 and prior fiscal years that
have been terminated shall be rescinded: Provided further, That
amounts heretofore recaptured, or recaptured during the current fiscal
year, from section 8 project-based contracts from source years fiscal
year 1975 through fiscal year 1987 are hereby rescinded, and an amount
of additional new budget authority, equivalent to the amount rescinded
is hereby appropriated, to remain available until expended, for the
purposes set forth under this heading, in addition to amounts otherwise
available.
public housing fund
For 2026 payments to public housing agencies for the operation and
management of public housing, as authorized by section 9(e) of the
United States Housing Act of 1937 (42 U.S.C. 1437g(e)) (the ``Act''),
and to carry out capital and management activities for public housing
agencies, as authorized under section 9(d) of the Act (42 U.S.C.
1437g(d)), $8,319,393,000, to remain available until September 30,
2029: Provided, That of the sums appropriated under this heading--
(1) $4,687,393,000 shall be available for the Secretary to
allocate pursuant to the operating fund formula at part 990 of
title 24, Code of Federal Regulations, for 2026 payments;
(2) $337,000,000 shall be available for the Secretary to
allocate pursuant to a need-based application process,
notwithstanding section 203 of this title, not subject to such
operating fund formula, and without regard to unit count, to
public housing agencies that experience, or are at risk of,
financial shortfalls, as determined by the Secretary:
Provided, That the Secretary shall notify public housing
agencies of their estimated shortfall eligibility no later than
60 days of the enactment of this Act;
(3) $3,200,000,000 shall be available for the Secretary to
allocate pursuant to the capital fund formula at section
905.400 of title 24, Code of Federal Regulations: Provided,
That for funds described under this paragraph, the limitation
in section 9(g)(1) of the Act shall be 25 percent: Provided
further, That the Secretary may waive the limitation in the
preceding proviso to allow public housing agencies to fund
activities authorized under section 9(e)(1)(C) of the Act:
Provided further, That the Secretary shall notify public
housing agencies requesting waivers under the preceding proviso
if the request is approved or denied within 14 days of
submitting the request: Provided further, That from the funds
made available under this paragraph, the Secretary shall
provide bonus awards in fiscal year 2026 to public housing
agencies that are designated high performers: Provided
further, That the Department shall notify public housing
agencies of their formula allocation within 60 days of
enactment of this Act;
(4) $30,000,000 shall be available for the Secretary to
make grants, notwithstanding section 203 of this title, to
public housing agencies for emergency capital needs, including
safety and security measures necessary to address crime and
drug-related activity, as well as needs resulting from
unforeseen or unpreventable emergencies and natural disasters
excluding Presidentially declared emergencies and natural
disasters under the Robert T. Stafford Disaster Relief and
Emergency Act (42 U.S.C. 5121 et seq.) occurring in fiscal year
2026: Provided, That of the amount made available under this
paragraph, not less than $10,000,000 shall be for safety and
security measures: Provided further, That in addition to the
amount in the preceding proviso for such safety and security
measures, any amounts that remain available, after all
applications received on or before September 30, 2027, for
emergency capital needs have been processed, shall be allocated
to public housing agencies for such safety and security
measures;
(5) $50,000,000 shall be available for competitive grants
to public housing agencies to evaluate and reduce residential
health hazards in public housing, including lead-based paint
(by carrying out the activities of risk assessments, abatement,
and interim controls, as those terms are defined in section
1004 of the Residential Lead-Based Paint Hazard Reduction Act
of 1992 (42 U.S.C. 4851b)), carbon monoxide, mold, radon, and
fire safety: Provided, That not less than $25,000,000 of the
amounts provided under this paragraph shall be awarded for
evaluating and reducing lead-based paint hazards, except that
if such amount is undersubscribed any remaining amounts may be
awarded to qualified applicants for other purposes under this
paragraph: Provided further, That for purposes of
environmental review, a grant under this paragraph shall be
considered funds for projects or activities under title I of
the Act for purposes of section 26 of the Act (42 U.S.C. 1437x)
and shall be subject to the regulations implementing such
section; and
(6) $15,000,000 shall be available to support the costs of
administrative and judicial receiverships and for competitive
grants to public housing agencies in receivership, designated
troubled or substandard, or otherwise at risk, as determined by
the Secretary, for costs associated with public housing asset
improvement, in addition to other amounts for that purpose
provided under any heading under this title:
Provided further, That notwithstanding any other provision of law or
regulation, during fiscal year 2026, the Secretary of Housing and Urban
Development may not delegate to any Department official other than the
Deputy Secretary and the Assistant Secretary for Public and Indian
Housing any authority under paragraph (2) of section 9(j) of the Act
regarding the extension of the time periods under such section:
Provided further, That for purposes of such section 9(j), the term
``obligate'' means, with respect to amounts, that the amounts are
subject to a binding agreement that will result in outlays, immediately
or in the future: Provided further, That the Secretary may authorize a
public housing agency with at least one property with a low physical
inspection score to use operating reserve funds or any amounts
allocated to such agency pursuant to the operating fund formula from
amounts made available in this and prior Acts for any eligible
activities under section 9(d)(1) of the United States Housing Act of
1937 (42 U.S.C. 1437g(d)(1)) under such conditions or criteria as
established by the Secretary, including that such use would not put
such agency at risk of financial shortfall.
assisted housing inspections and risk assessments
For the Department's inspection and assessment programs, including
travel, training, and program support contracts, $50,000,000 to remain
available until September 30, 2028: Provided, That unobligated
balances, including recaptures and carryover, remaining from funds
appropriated under the heading ``Public Housing Fund'' in prior Acts to
support ongoing public housing financial and physical assessment
activities shall be available for the purposes authorized under this
heading in addition to the purposes for which such funds originally
were appropriated.
choice neighborhoods initiative
For competitive grants under the choice neighborhoods initiative
(subject to section 24 of the United States Housing Act of 1937 (42
U.S.C. 1437v) (the ``Act'') unless otherwise specified under this
heading), for transformation, rehabilitation, and replacement housing
needs of both public and HUD-assisted housing and to transform
neighborhoods of poverty into functioning, sustainable, mixed-income
neighborhoods with appropriate services, schools, public assets,
transportation, and access to jobs, $25,000,000, to remain available
until September 30, 2030: Provided, That grant funds may be used for
resident and community services, community development, and affordable
housing needs in the community, and for conversion of vacant or
foreclosed properties to affordable housing: Provided further, That
the use of amounts made available under this heading shall not be
deemed to be for public housing, notwithstanding section 3(b)(1) of the
Act: Provided further, That grantees shall commit to an additional
period of affordability determined by the Secretary of not fewer than
20 years: Provided further, That grantees shall provide a match in
State, local, other Federal, or private funds: Provided further, That
grantees may include local governments, Tribal entities, public housing
agencies, and nonprofit organizations: Provided further, That for-
profit developers may apply jointly with a public entity: Provided
further, That for purposes of environmental review, a grantee shall be
treated as a public housing agency under section 26 of the Act (42
U.S.C. 1437x), and grants made with amounts available under this
heading shall be subject to the regulations issued by the Secretary to
implement such section: Provided further, That of the amounts made
available under this heading, not less than $12,500,000 shall be
awarded to public housing agencies: Provided further, That such
grantees shall create partnerships with other local organizations,
including assisted housing owners, service agencies, and resident
organizations: Provided further, That the Secretary shall consult with
the Secretaries of Education, Labor, Transportation, Health and Human
Services, Agriculture, and Commerce, the Attorney General, and the
Administrator of the Environmental Protection Agency to coordinate and
leverage other appropriate Federal resources: Provided further, That
not more than $10,000,000 of the amounts made available under this
heading may be provided as grants to undertake comprehensive local
planning with input from residents and the community: Provided
further, That none of the funds made available under this heading may
be obligated for main street housing grants under section 24(n) of the
Act (42 U.S.C. 1437v(n)): Provided further, That unobligated balances,
including recaptures, remaining from amounts made available under the
heading ``Revitalization of Severely Distressed Public Housing (HOPE
VI)'' in fiscal year 2011 and prior fiscal years may be used for
purposes under this heading, notwithstanding the purposes for which
such amounts were appropriated: Provided further, That the Secretary
shall make grant awards not later than 1 year after the date of
enactment of this Act in such amounts that the Secretary determines:
Provided further, That notwithstanding section 24(o) of the Act (42
U.S.C. 1437v(o)), the Secretary may, until September 30, 2026, obligate
any available unobligated balances made available under this heading in
this or any prior Act.
self-sufficiency programs
For activities and assistance related to self-sufficiency programs,
to remain available until September 30, 2029, $206,400,000: Provided,
That of the sums appropriated under this heading--
(1) $156,400,000 shall be available for the family self-
sufficiency program to support family self-sufficiency
coordinators under section 23 of the United States Housing Act
of 1937 (42 U.S.C. 1437u), to promote the development of local
strategies to coordinate the use of assistance under sections 8
and 9 of such Act with public and private resources, and enable
eligible families to achieve economic independence and self-
sufficiency: Provided, That the Secretary may use recaptured
amounts made available under this paragraph in prior Acts to
provide bonus awards to programs that are assigned a ranking of
performance category 1 based on their publicly available family
self-sufficiency achievement metrics (FAM) scores;
(2) $40,000,000 shall be available for the resident
opportunity and self-sufficiency program to provide for
supportive services, service coordinators, and congregate
services as authorized by section 34 of the United States
Housing Act of 1937 (42 U.S.C. 1437z-6) and the Native American
Housing Assistance and Self-Determination Act of 1996 (25
U.S.C. 4101 et seq.): Provided, That amounts made available
under this paragraph may be used to renew resident opportunity
and self-sufficiency program grants to allow the public housing
agency, or a new owner, to continue to serve (or restart
service to) residents of a project with assistance converted
from public housing to project-based rental assistance under
section 8 of the United States Housing Act of 1937 (42 U.S.C.
1437f) or assistance under section 8(o)(13) of such Act under
the heading ``Rental Assistance Demonstration'' in the
Department of Housing and Urban Development Appropriations Act,
2012 (Public Law 112-55), as amended (42 U.S.C. 1437f note);
and
(3) $10,000,000 shall be available for a jobs-plus
initiative, modeled after the jobs-plus demonstration:
Provided, That funding provided under this paragraph shall be
available for competitive grants to partnerships between public
housing agencies, local workforce investment boards established
under section 107 of the Workforce Innovation and Opportunity
Act of 2014 (29 U.S.C. 3122), and other agencies and
organizations that provide support to help public housing
residents obtain employment and increase earnings: Provided
further, That applicants must demonstrate the ability to
provide services to residents, partner with workforce
investment boards, and leverage service dollars: Provided
further, That the Secretary may allow public housing agencies
to request exemptions from rent and income limitation
requirements under sections 3 and 6 of the United States
Housing Act of 1937 (42 U.S.C. 1437a, 1437d), as necessary to
implement the jobs-plus program, on such terms and conditions
as the Secretary may approve upon a finding by the Secretary
that any such waivers or alternative requirements are necessary
for the effective implementation of the jobs-plus initiative as
a voluntary program for residents: Provided further, That the
Secretary shall publish by notice in the Federal Register any
waivers or alternative requirements pursuant to the preceding
proviso no later than 10 days before the effective date of such
notice.
native american programs
For activities and assistance authorized under title I of the
Native American Housing Assistance and Self-Determination Act of 1996
(in this heading ``NAHASDA'') (25 U.S.C. 4111 et seq.), title I of the
Housing and Community Development Act of 1974 (42 U.S.C. 5301 et seq.)
with respect to Indian tribes, and for related activities and
assistance, $1,354,000,000, to remain available until September 30,
2030: Provided, That of the sums appropriated under this heading--
(1) $1,111,000,000 shall be available for the Native
American housing block grants program, as authorized under
title I of NAHASDA: Provided, That, notwithstanding NAHASDA,
to determine the amount of the allocation under title I of such
Act for each Indian tribe, the Secretary shall apply the
formula under section 302 of such Act with the need component
based on single-race census data and with the need component
based on multi-race census data, and the amount of the
allocation for each Indian tribe shall be the greater of the
two resulting allocation amounts: Provided further, That the
Secretary shall notify grantees of their formula allocation not
later than 60 days after the date of enactment of this Act;
(2) $125,000,000 shall be available for competitive grants
under the Native American housing block grants program, as
authorized under title I of NAHASDA: Provided, That the
Secretary shall obligate such amount for competitive grants to
eligible recipients authorized under NAHASDA that apply for
funds: Provided further, That in awarding amounts made
available in this paragraph, the Secretary shall consider need
and administrative capacity, and shall give priority to
projects that will spur construction and rehabilitation of
housing: Provided further, That any amounts transferred for
the necessary costs of administering and overseeing the
obligation and expenditure of such additional amounts in prior
Acts may also be used for the necessary costs of administering
and overseeing such additional amount;
(3) $10,000,000 shall be available for noncompetitive
grants to recipients that received a Tribal HUD-Veterans
Affairs Supportive Housing grant in prior years, to be
available under the same terms and conditions as funds
specified under paragraph (5) under the heading ``Public and
Indian Housing-Tenant-Based Rental Assistance'' in Public Law
118-42: Provided, That the Secretary may reallocate, as
determined by the Secretary, amounts returned or recaptured
from awards under the Tribal HUD-VASH program under prior Acts
to existing recipients under the Tribal HUD-VASH program;
(4) $1,000,000 shall be available for the cost of
guaranteed notes and other obligations, as authorized by title
VI of NAHASDA: Provided, That such costs, including the cost
of modifying such notes and other obligations, shall be as
defined in section 502 of the Congressional Budget Act of 1974
(2 U.S.C. 661a): Provided further, That amounts made available
in this and prior Acts for the cost of such guaranteed notes
and other obligations that are unobligated, including
recaptures and carryover, may be available to subsidize the
total principal amount of any notes and other obligations, any
part of which is to be guaranteed, not to exceed $60,000,000,
to remain available until September 30, 2027;
(5) $100,000,000 shall be available for grants to Indian
tribes for carrying out the Indian community development block
grant program under title I of the Housing and Community
Development Act of 1974, notwithstanding section 106(a)(1) of
such Act, of which, notwithstanding any other provision of law
(including section 203 of this Act), not more than $10,000,000
may be used for emergencies that constitute imminent threats to
health and safety: Provided, That not to exceed 20 percent of
any grant made with amounts made available in this paragraph
shall be expended for planning and management development and
administration; and
(6) $7,000,000, in addition to amounts otherwise available
for such purpose, shall be available for providing training and
technical assistance to Indian tribes, Indian housing
authorities, and tribally designated housing entities, to
support the inspection of Indian housing units, for contract
expertise, and for training and technical assistance related to
amounts made available under this heading and other headings in
this Act for the needs of Native American families and Indian
country: Provided, That of the amounts made available in this
paragraph, not less than $2,000,000 shall be for a national
organization as authorized under section 703 of NAHASDA (25
U.S.C. 4212): Provided further, That amounts made available in
this paragraph may be used, contracted, or competed as
determined by the Secretary: Provided further, That
notwithstanding chapter 63 of title 31, United States Code
(commonly known as the Federal Grant and Cooperative Agreements
Act of 1977), the amounts made available in this paragraph may
be used by the Secretary to enter into cooperative agreements
with public and private organizations, agencies, institutions,
and other technical assistance providers to support the
administration of negotiated rulemaking under section 106 of
NAHASDA (25 U.S.C. 4116), the administration of the allocation
formula under section 302 of NAHASDA (25 U.S.C. 4152), and the
administration of performance tracking and reporting under
section 407 of NAHASDA (25 U.S.C. 4167).
indian housing loan guarantee fund program account
For the cost of guaranteed loans, as authorized by section 184 of
the Housing and Community Development Act of 1992 (12 U.S.C. 1715z-
13a), $1,000,000, to remain available until expended: Provided, That
such costs, including the cost of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of 1974 (2
U.S.C. 661a): Provided further, That an additional $400,000, to remain
available until expended, shall be available for administrative
contract expenses including management processes to carry out the loan
guarantee program: Provided further, That amounts made available in
this and prior Acts for the cost of guaranteed loans, as authorized by
section 184 of the Housing and Community Development Act of 1992 (12
U.S.C. 1715z-13a), that are unobligated, including recaptures and
carryover, may be available to subsidize total loan principal, any part
of which is to be guaranteed, not to exceed $1,800,000,000, to remain
available until September 30, 2027.
native hawaiian housing block grant
For the Native Hawaiian housing block grant program, as authorized
under title VIII of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4221 et seq.), $22,300,000, to
remain available until September 30, 2030: Provided, That
notwithstanding section 812(b) of such Act, the Department of Hawaiian
Home Lands may not invest grant amounts made available under this
heading in investment securities and other obligations: Provided
further, That amounts made available under this heading in this and
prior fiscal years may be used to provide rental assistance to eligible
Native Hawaiian families both on and off the Hawaiian Home Lands,
notwithstanding any other provision of law: Provided further, That up
to $1,000,000 of the amounts made available under this heading may be
for training and technical assistance related to amounts made available
under this heading and other headings in this Act for the needs of
Native Hawaiians and the Department of Hawaiian Home Lands.
native hawaiian housing loan guarantee fund program account
New commitments to guarantee loans, as authorized by section 184A
of the Housing and Community Development Act of 1992 (12 U.S.C. 1715z-
13b), any part of which is to be guaranteed, shall not exceed
$28,000,000 in total loan principal, to remain available until
September 30, 2027: Provided, That the Secretary may enter into
commitments to guarantee loans used for refinancing.
Community Planning and Development
housing opportunities for persons with aids
For carrying out the housing opportunities for persons with AIDS
program, as authorized by the AIDS Housing Opportunity Act (42 U.S.C.
12901 et seq.), $529,000,000, to remain available until September 30,
2029: Provided, That the Secretary shall renew or replace all expiring
contracts for permanent supportive housing that initially were funded
under section 854(c)(5) of such Act from funds made available under
this heading in fiscal year 2010 and prior fiscal years that meet all
program requirements before awarding funds for new contracts under such
section: Provided further, That the process for submitting amendments
and approving replacement contracts shall be established by the
Secretary in a notice: Provided further, That the Department shall
notify grantees of their formula allocation within 60 days of enactment
of this Act.
community development fund
For assistance to States and units of general local government, and
other entities, for economic and community development activities, and
other purposes, $6,995,244,120, to remain available until September 30,
2029: Provided, That of the sums appropriated under this heading--
(1) $3,300,000,000 shall be available for carrying out the
community development block grant program under title I of the
Housing and Community Development Act of 1974, as amended (42
U.S.C. 5301 et seq.) (in this heading ``the Act''): Provided,
That not to exceed 20 percent of any grant made with funds made
available under this paragraph shall be expended for planning
and management development and administration: Provided
further, That a metropolitan city, urban county, unit of
general local government, or insular area that directly or
indirectly receives funds under this paragraph may not sell,
trade, or otherwise transfer all or any portion of such funds
to another such entity in exchange for any other funds,
credits, or non-Federal considerations, but shall use such
funds for activities eligible under title I of the Act:
Provided further, That notwithstanding section 105(e)(1) of the
Act, no funds made available under this paragraph may be
provided to a for-profit entity for an economic development
project under section 105(a)(17) unless such project has been
evaluated and selected in accordance with guidelines required
under subsection (e)(2) of section 105;
(2) $50,000,000 shall be available for the Secretary to
award grants on a competitive basis to State and local
governments, metropolitan planning organizations, and
multijurisdictional entities for additional activities under
title I of the Act for the identification and removal of
barriers to affordable housing production and preservation,
including new housing construction: Provided, That eligible
uses of such grants include activities to further develop,
evaluate, and implement housing policy plans, improve housing
strategies, and facilitate affordable housing production and
preservation: Provided further, That the Secretary shall
select applicants that (A) have enacted or implemented (or
caused another entity to enact or implement) less restrictive
zoning, land use, or permitting laws and regulations, that are
reasonably expected to preserve or produce new housing units;
and (B) can demonstrate an acute need for housing affordable to
households with incomes below 100 percent of the area median
income: Provided further, That grantees shall report to the
Secretary on their activities and housing supply outcomes:
Provided further, That the Secretary shall analyze observable
housing production, preservation, and cost trends in the
participating jurisdictions or geographic areas: Provided
further, That the Secretary shall annually report to the House
and Senate Committees on Appropriations, and make publicly
available, a summary of the information collected in the
preceding two provisos: Provided further, That funds allocated
for such grants shall not adversely affect the amount of any
formula assistance received by a jurisdiction under paragraph
(1) of this heading: Provided further, That in administering
such amounts the Secretary may waive or specify alternative
requirements for any provision of title I of the Act except for
requirements related to fair housing, nondiscrimination, labor
standards, the environment, and requirements that activities
benefit persons of low- and moderate-income, upon a finding
that any such waivers or alternative requirements are necessary
to expedite or facilitate the use of such amounts: Provided
further, That the Secretary shall issue a notice of funding
opportunity not later than 120 days after the date of enactment
of this Act;
(3) $30,000,000 shall be available for activities
authorized under section 8071 of the SUPPORT for Patients and
Communities Act (Public Law 115-271): Provided, That funds
allocated pursuant to this paragraph shall not adversely affect
the amount of any formula assistance received by a State under
paragraph (1) of this heading: Provided further, That the
Secretary shall allocate the funds for such activities based on
the notice establishing the funding formula published in 84 FR
16027 (April 17, 2019) except that the formula shall use age-
adjusted rates of drug overdose deaths for 2023 based on data
from the Centers for Disease Control and Prevention; and
(4) $3,615,244,120 shall be available for grants for the
economic development initiative (EDI) for the purposes, and in
amounts, specified for Community Project Funding/
Congressionally Directed Spending in the table entitled
``Community Project Funding/Congressionally Directed Spending''
included for this division in the explanatory statement
described in section 4 (in the matter preceding division A of
this consolidated Act): Provided, That amounts made available
under this paragraph for such purposes shall not diminish or
prejudice any application or geographic region for other
discretionary grant or loan awards made by the Department of
Housing and Urban Development: Provided further, That eligible
expenses of such grants in this and prior Acts may include
administrative, planning, operations and maintenance, and other
costs: Provided further, That such grants for the EDI shall be
available for reimbursement of otherwise eligible expenses
incurred on or after the date of enactment of this Act and
prior to the date of grant execution: Provided further, That
none of the amounts made available under this paragraph for
grants for the EDI shall be used for reimbursement of expenses
incurred prior to the date of enactment of this Act:
Provided further, That for amounts made available under paragraphs
(1) and (3), the Secretary shall notify grantees of their formula
allocation within 60 days of enactment of this Act.
community development loan guarantees program account
Subject to section 502 of the Congressional Budget Act of 1974 (2
U.S.C. 661a), during fiscal year 2026, commitments to guarantee loans
under section 108 of the Housing and Community Development Act of 1974
(42 U.S.C. 5308), any part of which is guaranteed, shall not exceed a
total principal amount of $300,000,000, notwithstanding any aggregate
limitation on outstanding obligations guaranteed in subsection (k) of
such section 108: Provided, That the Secretary shall collect fees from
borrowers, notwithstanding subsection (m) of such section 108, to
result in a credit subsidy cost of zero for guaranteeing such loans,
and any such fees shall be collected in accordance with section 502(7)
of the Congressional Budget Act of 1974: Provided further, That such
commitment authority funded by fees may be used to guarantee, or make
commitments to guarantee, notes or other obligations issued by any
State on behalf of non-entitlement communities in the State in
accordance with the requirements of such section 108: Provided
further, That any State receiving such a guarantee or commitment under
the preceding proviso shall distribute all funds subject to such
guarantee to the units of general local government in non-entitlement
areas that received the commitment.
home investment partnerships program
For the HOME investment partnerships program, as authorized under
title II of the Cranston-Gonzalez National Affordable Housing Act, as
amended (42 U.S.C. 12721 et seq.), $1,250,000,000, to remain available
until September 30, 2029: Provided, That the threshold reduction
requirements in sections 216(10) and 217(b)(4) of such Act (42 U.S.C.
12746(10), 12747(b)(4)) shall not apply to the amounts made available
under this heading: Provided further, That notwithstanding section
231(b) of such Act (42 U.S.C. 12771(b)), all unobligated balances
remaining from amounts recaptured pursuant to such section that remain
available until expended shall be combined with amounts made available
under this heading and allocated in accordance with the formula under
section 217(b)(1)(A) of such Act (42 U.S.C. 12747(b)(1)(A)): Provided
further, That the Department shall notify grantees of their formula
allocations within 60 days after enactment of this Act: Provided
further, That section 218(g) of such Act (42 U.S.C. 12748(g)) shall not
apply with respect to the right of a jurisdiction to draw funds from
its HOME Investment Trust Fund that otherwise expired or would expire
in any calendar year from 2020 through 2028 under that section:
Provided further, That section 231(b) of such Act (42 U.S.C. 12771(b))
shall not apply to any uninvested funds that otherwise were deducted or
would be deducted from the line of credit in the participating
jurisdiction's HOME Investment Trust Fund in any calendar year from
2020 through 2028 under that section.
self-help and assisted homeownership opportunity program
For the self-help and assisted homeownership opportunity program,
as authorized under section 11 of the Housing Opportunity Program
Extension Act of 1996 (42 U.S.C. 12805 note), and for related
activities and assistance, $65,000,000, to remain available until
September 30, 2028: Provided, That of the sums appropriated under this
heading--
(1) $12,000,000 shall be available for the self-help
homeownership opportunity program as authorized under such
section 11;
(2) $46,000,000 shall be available for the second, third,
and fourth capacity building entities specified in section 4(a)
of the HUD Demonstration Act of 1993 (III Stat 201; 42 U.S.C.
9816 note), of which not less than $5,000,000 shall be for
rural capacity building activities; and
(3) $7,000,000 shall be available for capacity building by
national rural housing organizations having experience
assessing national rural conditions and providing financing,
training, technical assistance, information, and research to
local nonprofit organizations, local governments, and Indian
tribes serving high need rural communities.
homeless assistance grants
For assistance under title IV of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11360 et seq.), and for related activities
and assistance, $4,417,000,000, to remain available until September 30,
2028: Provided, That of the sums appropriated under this heading--
(1) $290,000,000 shall be available for the emergency
solutions grants program authorized under subtitle B of such
title IV (42 U.S.C. 11371 et seq.): Provided, That the
Department shall notify grantees of their formula allocation
from amounts allocated (which may represent initial or final
amounts allocated) for the emergency solutions grant program
not later than 60 days after enactment of this Act;
(2) $4,010,000,000 shall be available for the continuum of
care program authorized under subtitle C of such title IV (42
U.S.C. 11381 et seq.) and the rural housing stability
assistance programs authorized under subtitle D of such title
IV (42 U.S.C. 11408): Provided, That the Secretary shall
prioritize funding under the continuum of care program to
continuums of care that have demonstrated a capacity to
reallocate funding from lower performing projects to higher
performing projects: Provided further, That the Secretary
shall make reasonable adjustments to renewal amounts to enable
renewal projects to operate at substantially the same levels,
including cost-of-living adjustments for supportive services
from the prior grant: Provided further, That in allocating and
awarding amounts made available under this paragraph, the
Secretary shall select projects totaling not less than 60
percent of the annual renewal demand for each collaborative
applicant based on rankings determined by the local continuum
of care and consistent with 42 U.S.C. 11381 et seq.: Provided
further, That the Secretary may establish by notice an
alternative maximum amount for administrative costs related to
the requirements described in sections 402(f)(1) and 402(f)(2)
of subtitle A of such title IV of no more than 5 percent or
$50,000, whichever is greater, notwithstanding the 3 percent
limitation in section 423(a)(10) of such subtitle C: Provided
further, That of the amounts made available for the continuum
of care program under this paragraph, $52,000,000 shall be for
grants for new rapid re-housing projects and supportive service
projects providing coordinated entry, and for eligible
activities that the Secretary determines to be critical in
order to assist survivors of domestic violence, dating
violence, sexual assault, or stalking, except that the
Secretary may make additional grants for such projects and
purposes from amounts made available for such continuum of care
program: Provided further, That amounts made available for the
continuum of care program under this paragraph and any
remaining unobligated balances under this heading in prior Acts
may be used to competitively or non-competitively renew or
replace grants for youth homelessness demonstration projects
under the continuum of care program, notwithstanding any
conflict with the requirements of the continuum of care
program: Provided further, That any continuum of care, in
consultation with their youth action board, that determines it
no longer has an identified need for funds to renew a youth
homelessness demonstration project shall notify the Secretary,
and the Secretary shall recapture such assistance from the
continuum of care and competitively award it to any other
continuum of care with the amounts provided under this heading
under paragraph (4): Provided further, That the Secretary
shall issue the notice of funding opportunity for the amounts
made available in this paragraph not later than June 1, 2026
and shall award such amounts not later than December 1, 2026;
(3) $10,000,000 shall be available for the national
homeless data analysis project: Provided, That notwithstanding
the provisions of the Federal Grant and Cooperative Agreements
Act of 1977 (31 U.S.C. 6301-6308), the amounts made available
under this paragraph and any remaining unobligated balances
under this heading for such purposes in prior Acts may be used
by the Secretary to enter into cooperative agreements with such
entities as may be determined by the Secretary, including
public and private organizations, agencies, and institutions;
and
(4) $107,000,000 shall be available to implement projects
to demonstrate how a comprehensive approach to serving homeless
youth, age 24 and under, in up to 25 communities with a
priority for communities with substantial rural populations in
up to eight locations, can dramatically reduce youth
homelessness: Provided, That of the amount made available
under this paragraph, up to $25,000,000 may be for youth
homelessness system improvement grants to support communities,
including but not limited to the communities assisted under the
matter preceding this proviso, in establishing and implementing
an evidence-based response system for youth homelessness, or
for improving their existing system, including through the
establishment of local youth advisory boards, collaboration
with youth with lived experience of homelessness in project
design and implementation, improving data collection,
management, utilization and evaluation, cross-system
partnerships with juvenile justice, child welfare, and
education systems: Provided further, That of the amount made
available under this paragraph, up to $10,000,000 shall be to
provide technical assistance to communities, including but not
limited to the communities assisted in the preceding proviso
and the matter preceding such proviso, on improving system
responses to youth homelessness, and collection, analysis, use,
and reporting of data and performance measures under the
comprehensive approaches to serve homeless youth, in addition
to and in coordination with other technical assistance funds
provided under this title: Provided further, That the
Secretary may use up to 10 percent of the amount made available
under the preceding proviso to build the capacity of current
technical assistance providers or to train new technical
assistance providers with verifiable prior experience with
systems and programs for youth experiencing homelessness:
Provided further, That youth aged 24 and under seeking assistance
under this heading shall not be required to provide third party
documentation to establish their eligibility under subsection (a) or
b
of section 103 of the McKinney-Vento Homeless Assistance Act (42
U.S.C. 11302) to receive services: Provided further, That
unaccompanied youth aged 24 and under or families headed by youth aged
24 and under who are living in unsafe situations may be served by
youth-serving providers funded under this heading: Provided further,
That recipients of funds provided under this heading in this Act or any
prior Act may establish preferences for elderly individuals or families
(except for programs provided to serve homeless youth), or disabled
individuals or families as defined by section 401(10) of the McKinney-
Vento Homeless Assistance Act (42 U.S.C. 11360(10)), when implementing
the programs: Provided further, That persons eligible under section
103(a)(5) of the McKinney-Vento Homeless Assistance Act may be served
by any project funded under this heading to provide both transitional
housing and rapid re-housing: Provided further, That for all matching
funds requirements applicable to funds made available under this
heading for this fiscal year and prior fiscal years, a grantee may use
(or could have used) as a source of match funds other funds
administered by the Secretary and other Federal agencies unless there
is (or was) a specific statutory prohibition on any such use of any
such funds: Provided further, That none of the funds made available
under this heading shall be available to provide funding for new
projects, except for projects created through reallocation, unless the
Secretary determines that the continuum of care has demonstrated that
projects are evaluated and ranked based on the degree to which they
improve the continuum of care's system performance: Provided further,
That any unobligated amounts remaining from funds made available under
this heading in fiscal year 2012 and prior years for project-based
rental assistance for rehabilitation projects with 10-year grant terms
may be used for purposes under this heading, notwithstanding the
purposes for which such funds were appropriated: Provided further,
That unobligated balances, including recaptures and carryover,
remaining from funds transferred to or appropriated under this heading
in fiscal year 2019 or prior years, except for rental assistance
amounts that were recaptured and made available until expended, shall
be available for the current purposes authorized under this heading in
addition to the purposes for which such funds originally were
appropriated.
Housing Programs
project-based rental assistance
For activities and assistance for the provision of project-based
subsidy contracts under the United States Housing Act of 1937 (42
U.S.C. 1437 et seq.) (``the Act''), not otherwise provided for,
$18,143,000,000, to remain available until expended, shall be available
on October 1, 2025 (in addition to the $400,000,000 previously
appropriated under this heading that became available October 1, 2025),
and $400,000,000, to remain available until expended, shall be
available on October 1, 2026: Provided, That the amounts made
available under this heading shall be available for expiring or
terminating section 8 project-based subsidy contracts (including
section 8 moderate rehabilitation contracts), for amendments to section
8 project-based subsidy contracts (including section 8 moderate
rehabilitation contracts), for contracts entered into pursuant to
section 441 of the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11401), for renewal of section 8 contracts for units in projects that
are subject to approved plans of action under the Emergency Low Income
Housing Preservation Act of 1987 or the Low-Income Housing Preservation
and Resident Homeownership Act of 1990, and for administrative and
other expenses associated with project-based activities and assistance
funded under this heading: Provided further, That of the total amounts
provided under this heading, not to exceed $509,000,000 shall be
available for performance-based contract administrators for section 8
project-based assistance, for carrying out 42 U.S.C. 1437(f): Provided
further, That the Secretary may also use such amounts in the preceding
proviso for performance-based contract administrators for the
administration of: interest reduction payments pursuant to section
236(a) of the National Housing Act (12 U.S.C. 1715z-1(a)); rent
supplement payments pursuant to section 101 of the Housing and Urban
Development Act of 1965 (12 U.S.C. 1701s); section 236(f)(2) rental
assistance payments (12 U.S.C. 1715z-1(f)(2)); project rental
assistance contracts for the elderly under section 202(c)(2) of the
Housing Act of 1959 (12 U.S.C. 1701q); project rental assistance
contracts for supportive housing for persons with disabilities under
section 811(d)(2) of the Cranston-Gonzalez National Affordable Housing
Act (42 U.S.C. 8013(d)(2)); project assistance contracts pursuant to
section 202(h) of the Housing Act of 1959 (Public Law 86-372; 73 Stat.
667); and loans under section 202 of the Housing Act of 1959 (Public
Law 86-372; 73 Stat. 667): Provided further, That amounts recaptured
under this heading, the heading ``Annual Contributions for Assisted
Housing'', or the heading ``Housing Certificate Fund'', may be used for
renewals of or amendments to section 8 project-based contracts or for
performance-based contract administrators, notwithstanding the purposes
for which such amounts were appropriated: Provided further, That,
notwithstanding any other provision of law, upon the request of the
Secretary, project funds that are held in residual receipts accounts
for any project subject to a section 8 project-based housing assistance
payments contract that authorizes the Department or a housing finance
agency to require that surplus project funds be deposited in an
interest-bearing residual receipts account and that are in excess of an
amount to be determined by the Secretary, shall be remitted to the
Department and deposited in this account, to be available until
expended: Provided further, That amounts deposited pursuant to the
preceding proviso shall be available in addition to the amount
otherwise provided by this heading for uses authorized under this
heading.
housing for the elderly
For capital advances, including amendments to capital advance
contracts, for housing for the elderly, as authorized by section 202 of
the Housing Act of 1959 (12 U.S.C. 1701q), for project rental
assistance for the elderly under section 202(c)(2) of such Act,
including amendments to contracts for such assistance and renewal of
expiring contracts for such assistance for up to a 5-year term, for
senior preservation rental assistance contracts, including renewals, as
authorized by section 811(e) of the American Homeownership and Economic
Opportunity Act of 2000 (12 U.S.C. 1701q note), for supportive services
associated with the housing, and for administrative and other expenses
associated with assistance under this heading, $1,031,000,000 to remain
available until September 30, 2029: Provided, That of the amount made
available under this heading, up to $122,000,000 shall be for service
coordinators and the continuation of existing congregate service grants
for residents of assisted housing projects: Provided further, That any
funding for existing service coordinators under the preceding proviso
shall be provided within 120 days of enactment of this Act: Provided
further, That the Secretary may enter into 2-year agreements as
appropriate with such funding that are subject to the availability of
annual appropriations: Provided further, That the Secretary may waive
the provisions of section 202 governing the terms and conditions of
project rental assistance, except that the initial contract term for
such assistance shall not exceed 5 years in duration: Provided
further, That upon request of the Secretary, project funds that are
held in residual receipts accounts for any project subject to a section
202 project rental assistance contract, and that upon termination of
such contract are in excess of an amount to be determined by the
Secretary, shall be remitted to the Department and deposited in this
account, to remain available until September 30, 2029: Provided
further, That amounts deposited in this account pursuant to the
preceding proviso shall be available, in addition to the amounts
otherwise provided by this heading, for the purposes authorized under
this heading: Provided further, That unobligated balances, including
recaptures and carryover, remaining from funds transferred to or
appropriated under this heading shall be available for the current
purposes authorized under this heading in addition to the purposes for
which such funds originally were appropriated: Provided further, That
of the total amount made available under this heading, up to $4,000,000
shall be used by the Secretary to support preservation transactions of
housing for the elderly originally developed with a capital advance and
assisted by a project rental assistance contract under the provisions
of section 202(c) of the Housing Act of 1959.
housing for persons with disabilities
For capital advances, including amendments to capital advance
contracts, for supportive housing for persons with disabilities, as
authorized by section 811 of the Cranston-Gonzalez National Affordable
Housing Act (42 U.S.C. 8013), for project rental assistance for
supportive housing for persons with disabilities under section
811(d)(2) of such Act, for project assistance contracts pursuant to
subsection (h) of section 202 of the Housing Act of 1959, as added by
section 205(a) of the Housing and Community Development Amendments of
1978 (Public Law 95-557; 92 Stat. 2090), including amendments to
contracts for such assistance and renewal of expiring contracts for
such assistance for up to a 5-year term, for project rental assistance
to State housing finance agencies and other appropriate entities as
authorized under section 811(b)(3) of the Cranston-Gonzalez National
Affordable Housing Act, for supportive services associated with the
housing for persons with disabilities as authorized by section
811(b)(1) of such Act, and for administrative and other expenses
associated with assistance funded under this heading, $287,000,000, to
remain available until September 30, 2029: Provided, That, upon the
request of the Secretary, project funds that are held in residual
receipts accounts for any project subject to a section 811 project
rental assistance contract, and that upon termination of such contract
are in excess of an amount to be determined by the Secretary, shall be
remitted to the Department and deposited in this account, to remain
available until September 30, 2029: Provided further, That amounts
deposited in this account pursuant to the preceding proviso shall be
available in addition to the amounts otherwise provided by this heading
for the purposes authorized under this heading: Provided further, That
unobligated balances, including recaptures and carryover, remaining
from funds transferred to or appropriated under this heading shall be
used for the current purposes authorized under this heading in addition
to the purposes for which such funds originally were appropriated.
housing counseling assistance
For contracts, grants, and other assistance excluding loans, as
authorized under section 106 of the Housing and Urban Development Act
of 1968, as amended, $57,500,000, to remain available until September
30, 2027, including up to $4,500,000 for administrative contract
services: Provided, That funds shall be used for providing counseling
and advice to tenants and homeowners, both current and prospective,
with respect to property maintenance, financial management or literacy,
and such other matters as may be appropriate to assist them in
improving their housing conditions, meeting their financial needs, and
fulfilling the responsibilities of tenancy or homeownership; for
program administration; and for housing counselor training: Provided
further, That for purposes of awarding grants from amounts provided
under this heading, the Secretary may enter into multiyear agreements,
as appropriate, subject to the availability of annual appropriations.
payment to manufactured housing fees trust fund
For necessary expenses as authorized by the National Manufactured
Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 5401
et seq.), up to $14,000,000, to remain available until expended, of
which $14,000,000 shall be derived from the Manufactured Housing Fees
Trust Fund (established under section 620(e) of such Act (42 U.S.C.
5419(e)): Provided, That not to exceed the total amount appropriated
under this heading shall be available from the general fund of the
Treasury to the extent necessary to incur obligations and make
expenditures pending the receipt of collections to the Fund pursuant to
section 620 of such Act: Provided further, That the amount made
available under this heading from the general fund shall be reduced as
such collections are received during fiscal year 2026 so as to result
in a final fiscal year 2026 appropriation from the general fund
estimated at zero, and fees pursuant to such section 620 shall be
modified as necessary to ensure such a final fiscal year 2026
appropriation: Provided further, That for the dispute resolution and
installation programs, the Secretary may assess and collect fees from
any program participant: Provided further, That such collections shall
be deposited into the Trust Fund, and the Secretary, as provided
herein, may use such collections, as well as fees collected under
section 620 of such Act, for necessary expenses of such Act: Provided
further, That, notwithstanding the requirements of section 620 of such
Act, the Secretary may carry out responsibilities of the Secretary
under such Act through the use of approved service providers that are
paid directly by the recipients of their services.
Federal Housing Administration
mutual mortgage insurance program account
New commitments to guarantee single family loans insured under the
Mutual Mortgage Insurance Fund shall not exceed $400,000,000,000, to
remain available until September 30, 2027: Provided, That during
fiscal year 2026, obligations to make direct loans to carry out the
purposes of section 204(g) of the National Housing Act, as amended,
shall not exceed $1,000,000: Provided further, That the foregoing
amount in the preceding proviso shall be for loans to nonprofit and
governmental entities in connection with sales of single family real
properties owned by the Secretary and formerly insured under the Mutual
Mortgage Insurance Fund: Provided further, That for administrative
contract expenses of the Federal Housing Administration, $160,000,000,
to remain available until September 30, 2027: Provided further, That
to the extent guaranteed loan commitments exceed $200,000,000,000 on or
before April 1, 2026, an additional $1,400 for administrative contract
expenses shall be available for each $1,000,000 in additional
guaranteed loan commitments (including a pro rata amount for any amount
below $1,000,000), but in no case shall funds made available by this
proviso exceed $30,000,000: Provided further, That notwithstanding the
limitation in the first sentence of section 255(g) of the National
Housing Act (12 U.S.C. 1715z-20(g)), during fiscal year 2026 the
Secretary may insure and enter into new commitments to insure mortgages
under section 255 of the National Housing Act only to the extent that
the net credit subsidy cost for such insurance does not exceed zero.
general and special risk program account
New commitments to guarantee loans insured under the General and
Special Risk Insurance Funds, as authorized by sections 238 and 519 of
the National Housing Act (12 U.S.C. 1715z-3 and 1735c), shall not
exceed $35,000,000,000 in total loan principal, any part of which is to
be guaranteed, to remain available until September 30, 2027: Provided,
That during fiscal year 2026, gross obligations for the principal
amount of direct loans, as authorized by sections 204(g), 207(l), 238,
and 519(a) of the National Housing Act, shall not exceed $1,000,000,
which shall be for loans to nonprofit and governmental entities in
connection with the sale of single family real properties owned by the
Secretary and formerly insured under such Act.
Government National Mortgage Association
guarantees of mortgage-backed securities loan guarantee program account
New commitments to issue guarantees to carry out the purposes of
section 306 of the National Housing Act, as amended (12 U.S.C.
1721(g)), shall not exceed $550,000,000,000, to remain available until
September 30, 2027: Provided, That $56,000,000, to remain available
until September 30, 2027, shall be for necessary salaries and expenses
of the Government National Mortgage Association: Provided further,
That to the extent that guaranteed loan commitments exceed
$155,000,000,000 on or before April 1, 2026, an additional $100 for
necessary salaries and expenses shall be available until expended for
each $1,000,000 in additional guaranteed loan commitments (including a
pro rata amount for any amount below $1,000,000), but in no case shall
funds made available by this proviso exceed $3,000,000: Provided
further, That receipts from Commitment and Multiclass fees collected
pursuant to title III of the National Housing Act (12 U.S.C. 1716 et
seq.) shall be credited as offsetting collections to this account.
Policy Development and Research
research and technology
For contracts, grants, and necessary expenses of programs of
research and studies relating to housing and urban problems, not
otherwise provided for, as authorized by title V of the Housing and
Urban Development Act of 1970 (12 U.S.C. 1701z-1 et seq.), including
carrying out the functions of the Secretary of Housing and Urban
Development under section 1(a)(1)(i) of Reorganization Plan No. 2 of
1968, and for technical assistance, $122,500,000, to remain available
until September 30, 2027: Provided, That of the amounts made available
under this heading, $40,000,000 shall be for technical assistance, of
which $5,000,000 shall be for the distressed cities technical
assistance program: Provided further, That with respect to amounts
made available under this heading, notwithstanding section 203 of this
title, the Secretary may enter into cooperative agreements with
philanthropic entities, other Federal agencies, State or local
governments and their agencies, Indian tribes, tribally designated
housing entities, or colleges or universities for research projects:
Provided further, That with respect to the preceding proviso, such
partners to the cooperative agreements shall contribute at least a 50
percent match toward the cost of the project: Provided further, That
for non-competitive agreements entered into in accordance with the
preceding two provisos, the Secretary shall comply with section 2(b) of
the Federal Funding Accountability and Transparency Act of 2006 (Public
Law 109-282; 31 U.S.C. note) in lieu of compliance with section
102(a)(4)(C) of the Department of Housing and Urban Development Reform
Act of 1989 (42 U.S.C. 3545(a)(4)(C)) with respect to documentation of
award decisions: Provided further, That of the total amounts provided
under this heading, $7,500,000 shall be for competitive grants to
nonprofit or governmental entities to provide legal assistance
(including assistance related to pretrial activities, trial activities,
post-trial activities and alternative dispute resolution) at no cost to
eligible low-income tenants at risk of or subject to eviction:
Provided further, That in awarding grants under the preceding proviso,
the Secretary shall give preference to applicants that include a
marketing strategy for residents of areas with high rates of eviction,
have experience providing no-cost legal assistance to low-income
individuals, and have sufficient capacity to administer such
assistance: Provided further, That the Secretary shall ensure, to the
extent practicable, that the proportion of eligible tenants living in
rural areas who will receive legal assistance with grant funds made
available under this heading is not less than the overall proportion of
eligible tenants who live in rural areas: Provided further, That the
Department shall maintain on its publicly accessible website all
completed research funded under this heading by this or any prior Act:
Provided further, That the Department shall release and publish such
research without regard to the findings within 6 months of submission
of the final report.
Fair Housing and Equal Opportunity
fair housing activities
For contracts, grants, and other assistance, not otherwise provided
for, as authorized by title VIII of the Civil Rights Act of 1968 (42
U.S.C. 3601 et seq.), section 561 of the Housing and Community
Development Act of 1987 (42 U.S.C. 3616a), and this heading,
$86,355,000, to remain available until September 30, 2027: Provided,
That of the sums appropriated under this heading--
(1) $26,355,000 shall be for the fair housing assistance
program under such title VIII;
(2) $56,000,000 shall be for the fair housing initiatives
program under such section 561, of which, not less than
$10,400,000 shall be available for education and outreach
programs, not less than $3,700,000 shall be available for fair
housing organization initiatives, and not less than $40,500,000
shall be available for the private enforcement initiative,
except that if any program or initiative is undersubscribed any
remaining amounts may be awarded to qualified applicants of
other programs or initiatives under this paragraph: Provided,
That the Secretary shall issue each notice of funding
opportunity for the fair housing initiatives program not later
than 150 days after the date of enactment of this Act;
(3) $1,000,000 may be for the Secretary for the creation
and promotion of translated materials and other programs that
support the assistance of persons with limited English
proficiency in utilizing the services provided by the
Department of Housing and Urban Development; and
(4) $3,000,000 shall be for the national fair housing
training academy: Provided, That notwithstanding section 3302
of title 31, United States Code, the Secretary may also assess
and collect fees to cover the costs of such academy, and may
use such funds to develop online courses and provide such
training:
Provided further, That none of the funds made available under this
heading may be used to lobby the executive or legislative branches of
the Federal Government in connection with a specific contract, grant,
or loan.
Office of Lead Hazard Control and Healthy Homes
lead hazard reduction
(including transfer of funds)
For the lead hazard reduction program, as authorized by section
1011 of the Residential Lead-Based Paint Hazard Reduction Act of 1992
(42 U.S.C. 4852), the healthy homes initiative, pursuant to sections
501 and 502 of the Housing and Urban Development Act of 1970 (12 U.S.C.
1701z-1 and 1701z-2), and for related activities and assistance,
$295,600,000, to remain available until September 30, 2028: Provided,
That the amounts made available under this heading are provided as
follows:
(1) $155,600,000 shall be for the award of grants pursuant
to such section 1011, of which not less than $105,000,000 shall
be provided to areas with the highest lead-based paint
abatement need;
(2) $140,000,000 shall be for the healthy homes initiative,
pursuant to sections 501 and 502 of the Housing and Urban
Development Act of 1970, which shall include research, studies,
testing, and demonstration efforts, including education and
outreach concerning lead-based paint poisoning and other
housing-related diseases and hazards, and mitigating housing-
related health and safety hazards in housing of low-income
families: Provided, That up to $10,000,000 of amounts made
available under this paragraph shall be for a one-time national
pilot program to facilitate new financing mechanisms to address
lead and other residential environmental stressors in low-
income communities: Provided further, That the Secretary shall
issue the notice of funding of opportunity for the pilot
program established in the preceding proviso within 120 days of
enactment of this Act: Provided further, That $30,000,000 of
amounts made available under this paragraph shall be for grants
to experienced non-profit organizations, States, local
governments, or public housing agencies for safety and
functional home modification repairs and renovations to meet
the needs of low-income seniors to enable them to remain in
their primary residence, of which no less than $10,000,000
shall be available to meet such needs in communities with
substantial rural populations: Provided further, That for
funds made available for such grants in the preceding proviso
or under this heading or the heading ``Housing for the
Elderly'' in prior Acts, all eligible activities, except those
that would alter the existing footprint of a structure or
improvement in a floodplain or a wetland, are exempt from
environmental review and not subject to the Federal laws and
authorities cited in section 58.5 of title 24, Code of Federal
Regulations; and
(3) up to $2,000,000 in total of the amounts made available
under paragraph (2) may be transferred to the heading
``Research and Technology'' for the purposes of conducting
research and studies and for use in accordance with the
provisos under that heading for non-competitive agreements:
Provided further, That for purposes of environmental review, pursuant
to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) and other provisions of law that further the purposes of such
Act, a grant under the healthy homes initiative, or the lead technical
studies program, or other demonstrations or programs under this heading
or under prior appropriations Acts for such purposes under this
heading, or under the heading ``Housing for the Elderly'' under prior
Appropriations Acts, shall be considered to be funds for a special
project for purposes of section 305(c) of the Multifamily Housing
Property Disposition Reform Act of 1994: Provided further, That each
applicant for a grant or cooperative agreement under this heading shall
certify adequate capacity that is acceptable to the Secretary to carry
out the proposed use of funds pursuant to a notice of funding
opportunity: Provided further, That amounts made available under the
fifth paragraph under this heading by the Full-Year Continuing
Appropriations and Extensions Act, 2025 (Public Law 119-4) shall be
transferred to and merged with the amounts provided under the fifth
paragraph under the heading ``Public Housing Fund'' in this Act and
prioritized for qualified projects where the primary purpose is radon
testing and mitigation, except any transfer pursuant to this provision
shall retain its original availability: Provided further, That amounts
made available under this heading, in this or prior appropriations
Acts, still remaining available, may be used for any purpose under this
heading notwithstanding the purpose for which such amounts were
appropriated if a program competition is undersubscribed and there are
other program competitions under this heading that are oversubscribed.
Office of Inspector General
For necessary salaries and expenses of the Office of Inspector
General in carrying out the Inspector General Act of 1978, as amended,
$144,500,000: Provided, That the Inspector General shall have
independent authority over all personnel and acquisition issues within
this office.
General Provisions--Department of Housing and Urban Development
(including rescissions)
(including transfer of funds)
Sec. 201. Fifty percent of the amounts of budget authority, or in
lieu thereof 50 percent of the cash amounts associated with such budget
authority, that are recaptured from projects described in section
1012(a) of the Stewart B. McKinney Homeless Assistance Amendments Act
of 1988 (42 U.S.C. 1437f note) shall be rescinded or in the case of
cash, shall be remitted to the Treasury, and such amounts of budget
authority or cash recaptured and not rescinded or remitted to the
Treasury shall be used by State housing finance agencies or local
governments or local housing agencies with projects approved by the
Secretary of Housing and Urban Development for which settlement
occurred after January 1, 1992, in accordance with such section.
Notwithstanding the previous sentence, the Secretary may award up to 15
percent of the budget authority or cash recaptured and not rescinded or
remitted to the Treasury to provide project owners with incentives to
refinance their project at a lower interest rate.
Sec. 202. None of the funds made available by this Act may be used
to investigate or prosecute under the Fair Housing Act any otherwise
lawful activity engaged in by one or more persons, including the filing
or maintaining of a nonfrivolous legal action, that is engaged in
solely for the purpose of achieving or preventing action by a
Government official or entity, or a court of competent jurisdiction.
Sec. 203. Except as explicitly provided in law, any grant,
cooperative agreement or other assistance made pursuant to title II of
this Act shall be made on a competitive basis and in accordance with
section 102 of the Department of Housing and Urban Development Reform
Act of 1989 (42 U.S.C. 3545).
Sec. 204. Funds of the Department of Housing and Urban Development
subject to the Government Corporation Control Act or section 402 of the
Housing Act of 1950 shall be available, without regard to the
limitations on administrative expenses, for legal services on a
contract or fee basis, and for utilizing and making payment for
services and facilities of the Federal National Mortgage Association,
Government National Mortgage Association, Federal Home Loan Mortgage
Corporation, Federal Financing Bank, Federal Reserve banks or any
member thereof, Federal Home Loan banks, and any insured bank within
the meaning of the Federal Deposit Insurance Corporation Act, as
amended (12 U.S.C. 1811-1).
Sec. 205. Unless otherwise provided for in this Act or through a
reprogramming of funds, no part of any appropriation for the Department
of Housing and Urban Development shall be available for any program,
project or activity in excess of amounts set forth in the budget
estimates submitted to Congress.
Sec. 206. Corporations and agencies of the Department of Housing
and Urban Development which are subject to the Government Corporation
Control Act are hereby authorized to make such expenditures, within the
limits of funds and borrowing authority available to each such
corporation or agency and in accordance with law, and to make such
contracts and commitments without regard to fiscal year limitations as
provided by section 104 of such Act as may be necessary in carrying out
the programs set forth in the budget for 2026 for such corporation or
agency except as hereinafter provided: Provided, That collections of
these corporations and agencies may be used for new loan or mortgage
purchase commitments only to the extent expressly provided for in this
Act (unless such loans are in support of other forms of assistance
provided for in this or prior appropriations Acts), except that this
proviso shall not apply to the mortgage insurance or guaranty
operations of these corporations, or where loans or mortgage purchases
are necessary to protect the financial interest of the United States
Government.
Sec. 207. None of the funds made available by this title may be
used for an audit of the Government National Mortgage Association that
makes applicable requirements under the Federal Credit Reform Act of
1990 (2 U.S.C. 661 et seq.).
Sec. 208. (a) Notwithstanding any other provision of law, subject
to the conditions listed under this section, for fiscal years 2026 and
2027, the Secretary of Housing and Urban Development may authorize the
transfer of some or all project-based assistance, debt held or insured
by the Secretary and statutorily required low-income and very low-
income use restrictions if any, associated with one or more multifamily
housing project or projects to another multifamily housing project or
projects.
b
Phased Transfers.--Transfers of project-based assistance under
this section may be done in phases to accommodate the financing and
other requirements related to rehabilitating or constructing the
project or projects to which the assistance is transferred, to ensure
that such project or projects meet the standards under subsection (c).
c
The transfer authorized in subsection (a) is subject to the
following conditions:
(1) Number and bedroom size of units.--
(A) For occupied units in the transferring project:
The number of low-income and very low-income units and
the configuration (i.e., bedroom size) provided by the
transferring project shall be no less than when
transferred to the receiving project or projects and
the net dollar amount of Federal assistance provided to
the transferring project shall remain the same in the
receiving project or projects. The Secretary, upon
determination of good cause, including a determination
that there will be no loss of assistance to currently
assisted households, may authorize a different number
of such units or a change in such configuration, or
both, at the receiving project or projects in the event
there is a transfer of use restrictions without an
associated transfer of project-based assistance to the
receiving project. The Secretary shall publish a notice
in the Federal Register for public comment containing
the criteria for determinations of good cause no less
than 60 days before the effective date of such notice.
(B) For unoccupied units in the transferring
project: The Secretary may authorize a reduction in the
number of dwelling units in the receiving project or
projects to allow for a reconfiguration of bedroom
sizes to meet current market demands, as determined by
the Secretary and provided there is no increase in the
project-based assistance budget authority.
(2) The transferring project shall, as determined by the
Secretary, be either physically obsolete or economically
nonviable, or be reasonably expected to become economically
nonviable when complying with State or Federal requirements for
community integration and reduced concentration of individuals
with disabilities.
(3) The receiving project or projects shall meet or exceed
applicable physical standards established by the Secretary.
(4) The owner or mortgagor of the transferring project
shall notify and consult with the tenants residing in the
transferring project and provide a certification of approval by
all appropriate local governmental officials.
(5) The tenants of the transferring project who remain
eligible for assistance to be provided by the receiving project
or projects shall not be required to vacate their units in the
transferring project or projects until new units in the
receiving project are available for occupancy.
(6) The Secretary determines that this transfer is in the
best interest of the tenants.
(7) If either the transferring project or the receiving
project or projects meets the condition specified in subsection
d
(2)(A), any lien on the receiving project resulting from
additional financing obtained by the owner shall be subordinate
to any FHA-insured mortgage lien transferred to, or placed on,
such project by the Secretary, except that the Secretary may
waive this requirement upon determination that such a waiver is
necessary to facilitate the financing of acquisition,
construction, and/or rehabilitation of the receiving project or
projects.
(8) If the transferring project meets the requirements of
subsection (d)(2), the owner or mortgagor of the receiving
project or projects shall execute and record either a
continuation of the existing use agreement or a new use
agreement for the project where, in either case, any use
restrictions in such agreement are of no lesser duration than
the existing use restrictions.
(9) The transfer does not increase the cost (as defined in
section 502 of the Congressional Budget Act of 1974 (2 U.S.C.
661a)) of any FHA-insured mortgage, except to the extent that
appropriations are provided in advance for the amount of any
such increased cost.
d
For purposes of this section--
(1) the terms ``low-income'' and ``very low-income'' shall
have the meanings provided by the statute and/or regulations
governing the program under which the project is insured or
assisted;
(2) the term ``multifamily housing project'' means housing
that meets one of the following conditions--
(A) housing that is subject to a mortgage insured
under the National Housing Act;
(B) housing that has project-based assistance
attached to the structure including projects undergoing
mark to market debt restructuring under the Multifamily
Assisted Housing Reform and Affordability Housing Act;
(C) housing that is assisted under section 202 of
the Housing Act of 1959 (12 U.S.C. 1701q);
(D) housing that is assisted under section 202 of
the Housing Act of 1959 (12 U.S.C. 1701q), as such
section existed before the enactment of the Cranston-
Gonzales National Affordable Housing Act;
(E) housing that is assisted under section 811 of
the Cranston-Gonzales National Affordable Housing Act
(42 U.S.C. 8013); or
(F) housing or vacant land that is subject to a use
agreement;
(3) the term ``project-based assistance'' means--
(A) assistance provided under section 8(b) of the
United States Housing Act of 1937 (42 U.S.C. 1437f(b));
(B) assistance for housing constructed or
substantially rehabilitated pursuant to assistance
provided under section 8(b)(2) of such Act (as such
section existed immediately before October 1, 1983);
(C) rent supplement payments under section 101 of
the Housing and Urban Development Act of 1965 (12
U.S.C. 1701s);
(D) interest reduction payments under section 236
and/or additional assistance payments under section
236(f)(2) of the National Housing Act (12 U.S.C. 1715z-
1);
(E) assistance payments made under section
202(c)(2) of the Housing Act of 1959 (12 U.S.C.
1701q(c)(2)); and
(F) assistance payments made under section
811(d)(2) of the Cranston-Gonzalez National Affordable
Housing Act (42 U.S.C. 8013(d)(2));
(4) the term ``receiving project or projects'' means the
multifamily housing project or projects to which some or all of
the project-based assistance, debt, and statutorily required
low-income and very low-income use restrictions are to be
transferred;
(5) the term ``transferring project'' means the multifamily
housing project which is transferring some or all of the
project-based assistance, debt, and the statutorily required
low-income and very low-income use restrictions to the
receiving project or projects; and
(6) the term ``Secretary'' means the Secretary of Housing
and Urban Development.
e
Research Report.--The Secretary shall conduct an evaluation of
the transfer authority under this section, including the effect of such
transfers on the operational efficiency, contract rents, physical and
financial conditions, and long-term preservation of the affected
properties.
Sec. 209. No assistance shall be provided under section 8 of the
United States Housing Act of 1937 (42 U.S.C. 1437f) to any individual
who--
(1) is enrolled as a student at an institution of higher
education (as defined under section 102 of the Higher Education
Act of 1965 (20 U.S.C. 1002));
(2) is under 24 years of age;
(3) is not a veteran;
(4) is unmarried;
(5) does not have a dependent child;
(6) is not a person with disabilities, as such term is
defined in section 3(b)(3)(E) of the United States Housing Act
of 1937 (42 U.S.C. 1437a(b)(3)(E)) and was not receiving
assistance under such section 8 as of November 30, 2005;
(7) is not a youth who left foster care at age 14 or older
and is at risk of becoming homeless; and
(8) is not otherwise individually eligible, or has parents
who, individually or jointly, are not eligible, to receive
assistance under section 8 of the United States Housing Act of
1937 (42 U.S.C. 1437f).
Sec. 210. The funds made available for Native Alaskans under
paragraph (1) under the heading ``Native American Programs'' in title
II of this Act shall be allocated to the same Native Alaskan housing
block grant recipients that received funds in fiscal year 2005, and
only such recipients shall be eligible to apply for funds made
available under paragraph (2) of such heading.
Sec. 211. Notwithstanding any other provision of law, in fiscal
year 2026, in managing and disposing of any multifamily property that
is owned or has a mortgage held by the Secretary of Housing and Urban
Development, and during the process of foreclosure on any property with
a contract for rental assistance payments under section 8 of the United
States Housing Act of 1937 (42 U.S.C. 1437f) or any other Federal
programs, the Secretary shall maintain any rental assistance payments
under section 8 of the United States Housing Act of 1937 and other
programs that are attached to any dwelling units in the property. To
the extent the Secretary determines, in consultation with the tenants
and the local government that such a multifamily property owned or
having a mortgage held by the Secretary is not feasible for continued
rental assistance payments under such section 8 or other programs,
based on consideration of (1) the costs of rehabilitating and operating
the property and all available Federal, State, and local resources,
including rent adjustments under section 524 of the Multifamily
Assisted Housing Reform and Affordability Act of 1997 (in this section
``MAHRAA'') (42 U.S.C. 1437f note), and (2) environmental conditions
that cannot be remedied in a cost-effective fashion, the Secretary may,
in consultation with the tenants of that property, contract for
project-based rental assistance payments with an owner or owners of
other existing housing properties, or provide other rental assistance.
The Secretary shall also take appropriate steps to ensure that project-
based contracts remain in effect prior to foreclosure, subject to the
exercise of contractual abatement remedies to assist relocation of
tenants for imminent major threats to health and safety after written
notice to and informed consent of the affected tenants and use of other
available remedies, such as partial abatements or receivership. After
disposition of any multifamily property described in this section, the
contract and allowable rent levels on such properties shall be subject
to the requirements under section 524 of MAHRAA.
Sec. 212. Public housing agencies that own and operate 400 or
fewer public housing units may elect to be exempt from any asset
management requirement imposed by the Secretary in connection with the
operating fund rule: Provided, That an agency seeking a discontinuance
of a reduction of subsidy under the operating fund formula shall not be
exempt from asset management requirements.
Sec. 213. With respect to the use of amounts provided in this Act
and in future Acts for the operation, capital improvement, and
management of public housing as authorized by sections 9(d) and 9(e) of
the United States Housing Act of 1937 (42 U.S.C. 1437g(d), (e)), the
Secretary shall not impose any requirement or guideline relating to
asset management that restricts or limits in any way the use of capital
funds for central office costs pursuant to paragraph (1) or (2) of
section 9(g) of the United States Housing Act of 1937 (42 U.S.C.
1437g(g)(1), (2)): Provided, That a public housing agency may not use
capital funds authorized under section 9(d) for activities that are
eligible under section 9(e) for assistance with amounts from the
operating fund in excess of the amounts permitted under paragraph (1)
or (2) of section 9(g).
Sec. 214. No official or employee of the Department of Housing and
Urban Development shall be designated as an allotment holder unless the
Office of the Chief Financial Officer has determined that such
allotment holder has implemented an adequate system of funds control
and has received training in funds control procedures and directives.
The Chief Financial Officer shall ensure that there is a trained
allotment holder for each HUD appropriation under the accounts
``Executive Offices'', ``Administrative Support Offices'', ``Program
Offices'', ``Government National Mortgage Association--Guarantees of
Mortgage-Backed Securities Loan Guarantee Program Account'', and
``Office of Inspector General'' within the Department of Housing and
Urban Development.
Sec. 215. Notwithstanding any other provision of law, for fiscal
year 2026, the Secretary may make a notice of funding opportunity, and
a notice of any funding decision, for any program or discretionary fund
administered by the Secretary that is to be competitively awarded
available only on the Internet at the appropriate Government website or
through other electronic media, as determined by the Secretary.
Sec. 216. Payment of attorney fees in program-related litigation
shall be paid from the individual program office and Office of General
Counsel salaries and expenses appropriations.
Sec. 217. The Secretary is authorized to transfer up to 10 percent
or $5,000,000, whichever is less, of funds appropriated for any office
under the headings ``Administrative Support Offices'' or ``Program
Offices'' to any other such office under such headings: Provided, That
the Secretary shall provide notification to such Committees 5 business
days in advance of any such transfers.
Sec. 218. (a) Any entity receiving housing assistance payments
shall maintain decent, safe, and sanitary conditions, as determined by
the Secretary, and comply with any standards under applicable State or
local laws, rules, ordinances, or regulations relating to the physical
condition of any property covered under a housing assistance payment
contract.
b
The Secretary shall take action under subsection (c) when a
multifamily housing project with a contract under section 8 of the
United States Housing Act of 1937 (42 U.S.C. 1437f) or a contract for
similar project-based assistance--
(1) receives a failing score under the Uniform Physical
Condition Standards (UPCS) or successor standard; or
(2) fails to certify in writing to the Secretary within 3
days that all Exigent Health and Safety deficiencies, or those
deficiencies requiring correction within 24 hours, identified
by the inspector at the project have been corrected.
Such requirements shall apply to insured and noninsured projects
with assistance attached to the units under section 8 of the United
States Housing Act of 1937 (42 U.S.C. 1437f), but shall not apply to
such units assisted under section 8(o)(13) of such Act (42 U.S.C.
1437f(o)(13)) or to public housing units assisted with capital or
operating funds under section 9 of the United States Housing Act of
1937 (42 U.S.C. 1437g).
c
(1) Within 15 days of the issuance of the Real Estate Assessment
Center (``REAC'') inspection, the Secretary shall provide the owner
with a Notice of Default with a specified timetable, determined by the
Secretary, for correcting all deficiencies. The Secretary shall provide
a copy of the Notice of Default to the tenants, the local government,
any mortgagees, and any contract administrator. If the owner's appeal
results in a passing score, the Secretary may withdraw the Notice of
Default.
(2) At the end of the time period for correcting all deficiencies
specified in the Notice of Default, if the owner fails to fully correct
such deficiencies, the Secretary may--
(A) require immediate replacement of project management
with a management agent approved by the Secretary;
(B) impose civil money penalties, which shall be used
solely for the purpose of supporting safe and sanitary
conditions at applicable properties, as designated by the
Secretary, with priority given to the tenants of the property
affected by the penalty;
(C) abate the section 8 contract, including partial
abatement, as determined by the Secretary, until all
deficiencies have been corrected;
(D) pursue transfer of the project to an owner, approved by
the Secretary under established procedures, who will be
obligated to promptly make all required repairs and to accept
renewal of the assistance contract if such renewal is offered;
(E) transfer the existing section 8 contract to another
project or projects and owner or owners;
(F) pursue exclusionary sanctions, including suspensions or
debarments from Federal programs;
(G) seek judicial appointment of a receiver to manage the
property and cure all project deficiencies or seek a judicial
order of specific performance requiring the owner to cure all
project deficiencies;
(H) work with the owner, lender, or other related party to
stabilize the property in an attempt to preserve the property
through compliance, transfer of ownership, or an infusion of
capital provided by a third-party that requires time to
effectuate; or
(I) take any other regulatory or contractual remedies
available as deemed necessary and appropriate by the Secretary.
d
The Secretary shall take appropriate steps to ensure that
project-based contracts remain in effect, subject to the exercise of
contractual abatement remedies to assist relocation of tenants for
major threats to health and safety after written notice to the affected
tenants. To the extent the Secretary determines, in consultation with
the tenants and the local government, that the property is not feasible
for continued rental assistance payments under such section 8 or other
programs, based on consideration of--
(1) the costs of rehabilitating and operating the property
and all available Federal, State, and local resources,
including rent adjustments under section 524 of the Multifamily
Assisted Housing Reform and Affordability Act of 1997
(``MAHRAA''); and
(2) environmental conditions that cannot be remedied in a
cost-effective fashion, the Secretary may contract for project-
based rental assistance payments with an owner or owners of
other existing housing properties, or provide other rental
assistance.
e
The Secretary shall report semi-annually on all properties
covered by this section that are assessed through the Real Estate
Assessment Center and have failing physical inspection scores or have
received an unsatisfactory management and occupancy review within the
past 36 months. The report shall include--
(1) identification of the enforcement actions being taken
to address such conditions, including imposition of civil money
penalties and termination of subsidies, and identification of
properties that have such conditions multiple times;
(2) identification of actions that the Department of
Housing and Urban Development is taking to protect tenants of
such identified properties; and
(3) any administrative or legislative recommendations to
further improve the living conditions at properties covered
under a housing assistance payment contract.
The first report shall be submitted to the Senate and House
Committees on Appropriations not later than 30 days after the enactment
of this Act, and the second report shall be submitted within 180 days
of the transmittal of the first report.
Sec. 219. None of the funds made available by this Act, or any
other Act, for purposes authorized under section 8 (only with respect
to the tenant-based rental assistance program) and section 9 of the
United States Housing Act of 1937 (42 U.S.C. 1437 et seq.), may be used
by any public housing agency for any amount of salary, including
bonuses, for the chief executive officer of which, or any other
official or employee of which, that exceeds the annual rate of basic
pay payable for a position at level IV of the Executive Schedule at any
time during any public housing agency fiscal year 2026.
Sec. 220. None of the funds made available by this Act and
provided to the Department of Housing and Urban Development may be used
to make, withdraw, terminate, or rescind (except at the request of the
recipient) a grant award unless the Secretary notifies the House and
Senate Committees on Appropriations not less than 3 full business days
before any project, State, locality, housing authority, tribe,
nonprofit organization, or other entity selected to receive a grant
award is announced or is notified of such changes by the Department or
its offices: Provided, That such notification shall list each grant
award and project description by State and congressional district.
Sec. 221. None of the funds made available in this Act shall be
used by the Federal Housing Administration, the Government National
Mortgage Association, or the Department of Housing and Urban
Development to insure, securitize, or establish a Federal guarantee of
any mortgage or mortgage backed security that refinances or otherwise
replaces a mortgage that has been subject to eminent domain
condemnation or seizure, by a State, municipality, or any other
political subdivision of a State.
Sec. 222. None of the funds made available by this Act may be used
to terminate the status of a unit of general local government as a
metropolitan city (as defined in section 102 of the Housing and
Community Development Act of 1974 (42 U.S.C. 5302)) with respect to
grants under section 106 of such Act (42 U.S.C. 5306).
Sec. 223. Amounts made available by this Act that are
appropriated, allocated, advanced on a reimbursable basis, or
transferred to the Office of Policy Development and Research of the
Department of Housing and Urban Development and functions thereof, for
research, evaluation, or statistical purposes, and that are unexpended
at the time of completion of a contract, grant, or cooperative
agreement, may be deobligated and shall immediately become available
and may be reobligated in that fiscal year or the subsequent fiscal
year for the research, evaluation, or statistical purposes for which
the amounts are made available to that Office subject to reprogramming
requirements in section 405 of this Act.
Sec. 224. None of the funds provided in this Act or any other Act
may be used for awards, including performance, special act, or spot,
for any employee of the Department of Housing and Urban Development
subject to administrative discipline (including suspension from work),
in this fiscal year, but this prohibition shall not be effective prior
to the effective date of any such administrative discipline or after
any final decision over-turning such discipline.
Sec. 225. With respect to grant amounts awarded under the heading
``Homeless Assistance Grants'' for fiscal years 2015 through 2026 for
the continuum of care (CoC) program as authorized under subtitle C of
title IV of the McKinney-Vento Homeless Assistance Act, costs paid by
program income of grant recipients may count toward meeting the
recipient's matching requirements, provided the costs are eligible CoC
costs that supplement the recipient's CoC program.
Sec. 226. (a) From amounts made available under this title under
the heading ``Homeless Assistance Grants'', the Secretary may award 1-
year transition grants to recipients of funds for activities under
subtitle C of the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11381 et seq.) to transition from one continuum of care program
component to another.
b
In order to be eligible to receive a transition grant, the
funding recipient must have the consent of the continuum of care and
meet standards determined by the Secretary.
Sec. 227. The promise zone designations and promise zone
designation agreements entered into pursuant to such designations, made
by the Secretary in prior fiscal years, shall remain in effect in
accordance with the terms and conditions of such agreements (including
designation and agreement time periods).
Sec. 228. Any public housing agency designated as a Moving to Work
agency pursuant to section 239 of division L of Public Law 114-113 (42
U.S.C. 1437f note; 129 Stat. 2897) may, upon such designation, use
funds (except for special purpose funding, including special purpose
vouchers) previously allocated to any such public housing agency under
section 8 or 9 of the United States Housing Act of 1937, including any
reserve funds held by the public housing agency or funds held by the
Department of Housing and Urban Development, pursuant to the authority
for use of section 8 or 9 funding provided under such section and
section 204 of title II of the Departments of Veterans Affairs and
Housing and Urban Development and Independent Agencies Appropriations
Act, 1996 (Public Law 104-134; 110 Stat. 1321-28), notwithstanding the
purposes for which such funds were appropriated.
Sec. 229. None of the amounts made available by this Act may be
used to prohibit any public housing agency under receivership or the
direction of a Federal monitor from applying for, receiving, or using
funds made available under the heading ``Public Housing Fund'' for
competitive grants to evaluate and reduce lead-based paint hazards in
this Act or that remain available and not awarded from prior Acts, or
be used to prohibit a public housing agency from using such funds to
carry out any required work pursuant to a settlement agreement, consent
decree, voluntary agreement, or similar document for a violation of the
lead safe housing or lead disclosure rules.
Sec. 230. For fiscal year 2026, if the Secretary determines or has
determined, for any prior formula grant allocation administered by the
Secretary through the Offices of Public and Indian Housing, Community
Planning and Development, or Housing, that a recipient received an
allocation greater than the amount such recipient should have received
for a formula allocation cycle pursuant to applicable statutes and
regulations, the Secretary may adjust for any such funding error in the
next applicable formula allocation cycle by (a) offsetting each such
recipient's formula allocation (if eligible for a formula allocation in
the next applicable formula allocation cycle) by the amount of any such
funding error, and (b) reallocating any available balances that are
attributable to the offset to the recipient or recipients that would
have been allocated additional funds in the formula allocation cycle in
which any such error occurred (if such recipient or recipients are
eligible for a formula allocation in the next applicable formula
allocation cycle) in an amount proportionate to such recipient's
eligibility under the next applicable formula allocation cycle:
Provided, That all offsets and reallocations from such available
balances shall be recorded against funds available for the next
applicable formula allocation cycle: Provided further, That the term
``next applicable formula allocation cycle'' means the first formula
allocation cycle for a program that is reasonably available for
correction following such a Secretarial determination: Provided
further, That if, upon request by a recipient and giving consideration
to all Federal resources available to the recipient for the same grant
purposes, the Secretary determines that the offset in the next
applicable formula allocation cycle would critically impair the
recipient's ability to accomplish the purpose of the formula grant, the
Secretary may adjust for the funding error across two or more formula
allocation cycles.
Sec. 231. The Secretary may transfer from amounts made available
for salaries and expenses under this title (excluding amounts made
available under the heading ``Office of Inspector General'') to the
heading ``Information Technology Fund'' for unforeseen information
technology needs, including for additional development, modernization,
and enhancement, to remain available until September 30, 2028:
Provided, That the total amount of such transfers shall not exceed
$5,000,000: Provided further, That this transfer authority shall not
be used to fund information technology projects or activities that have
known out-year development, modernization, or enhancement costs in
excess of $500,000: Provided further, That this transfer authority
shall not be used to allocate costs across offices for broader
departmental information technology needs: Provided further, That the
Secretary shall provide notification to the House and Senate Committees
on Appropriations no fewer than 10 business days in advance of any such
transfer.
Sec. 232. The Secretary shall comply with all process
requirements, including public notice and comment, when seeking to
revise any annual contributions contract: Provided, That the Secretary
shall provide public housing authorities not less than 60 days for
public comment, and the Secretary shall consider and respond to
submitted comments.
Sec. 233. None of the funds made available to the Department of
Housing and Urban Development in this or prior Acts may be used to
issue a solicitation or accept bids on any solicitation that is
substantially equivalent to the draft solicitation entitled ``Housing
Assistance Payments (HAP) Contract Support Services (HAPSS)'' posted to
www.Sam.gov on July 27, 2022.
Sec. 234. (a) Any unobligated balances from amounts made available
under the heading, ``Community Development Fund'' in chapter 9 of title
II of the Emergency Supplemental Appropriations Act for Defense, the
Global War on Terror, and Hurricane Recovery, 2006 (Public Law 109-234)
that were transferred to ``Management and Administration, Salaries and
Expenses'' are hereby permanently rescinded.
b
Any unobligated balances included under Treasury Appropriation
Fund Symbol 86 X 0108 from amounts transferred to the Department of
Housing and Urban Development from amounts made available under the
heading, ``Unanticipated Needs'' in chapter 8 of title I of the
Emergency Supplemental Appropriations Act of 1994 (Public Law 103-211)
are hereby permanently rescinded.
c
Any unobligated balances included under Treasury Appropriation
Fund Symbol 86 X 0148, 86-2023/2027-0483 and 86 X 0163 are hereby
permanently rescinded.
d
Of the unobligated balances from amounts included under
Treasury Appropriation Fund Symbol 86 X 0304, $5,036,988.73 are hereby
permanently rescinded.
e
Of the unobligated balances from appropriations made available
under the heading ``Community Development Fund'' prior to fiscal year
2011, $176,688.49 in Economic Development Initiative grant funds and
$336,275.98 in Special Purpose Grant funds are hereby rescinded.
f
Of the unobligated balances from amounts made available under
the heading ``Assisted Housing Inspections and Risk Assessments'', in
the Full-Year Continuing Appropriations and Extensions Act, 2025
(Public Law 119-4), $22,000,000 are hereby permanently rescinded.
g
Of the unobligated balances from amounts included under
Treasury Appropriation Fund Symbol 86 X 0313, $1.74 is hereby
permanently rescinded.
h
$5,200,000 of amounts previously made available for expenditure
from the Manufactured Housing Fees Trust Fund are hereby permanently
rescinded.
Sec. 235. None of the amounts made available in this or prior Acts
may be used to consider family self-sufficiency achievement metrics
(FAM) in determining funding awards for programs receiving family self-
sufficiency program coordinator funding provided in this or prior Acts
except to provide bonus awards as expressly made available in this or
prior Acts for self-sufficiency programs assigned a ranking of
performance category 1 based on their publicly available FAM scores.
Sec. 236. The Secretary may, upon a finding that a waiver or
alternative requirement is necessary for the effective delivery and
administration of funds made available for new incremental voucher
assistance or renewals for the mainstream program and the family
unification program (including the foster youth to independence
program) in this and prior Acts, waive or specify alternative
requirements, other than requirements related to tenant rights and
protections, rent setting, fair housing, nondiscrimination, labor
standards, and the environment, for--
(1) section 8(o)(6)(A) of the United States Housing Act of
1937 (42 U.S.C. 1437f(o)(6)(A)) and regulatory provisions
related to the administration of waiting lists, local
preferences, and the initial term and extensions of tenant-
based vouchers; and
(2) section 8(x)(2) of the United States Housing Act of
1937 (42 U.S.C. 1437f(x)(2)) regarding the timing of referral
of youth leaving foster care.
Sec. 237. The Secretary shall fulfill their responsibilities to
enforce the Fair Housing Act (42 U.S.C. 3601 et seq.): Provided, That
none of the funds made available by this Act may be used by the
Department of Housing and Urban Development to direct a grantee to
undertake specific changes to existing zoning laws as part of carrying
out the interim final rule entitled ``Affirmatively Furthering Fair
Housing Revisions'' (90 Fed. Reg. 11020 (March 3, 2025)).
Sec. 238. The whistleblower protections in section 4712 of title
41, United States Code, shall apply to any contract, subcontract,
grant, subgrant, or personal services contract funded from amounts made
available in this or prior Acts (including carryover and recaptures),
regardless of when the agreement was executed.
Sec. 239. (a) For fiscal years 2026 through 2028, upon request from
the owner, the Secretary of Housing and Urban Development
(``Secretary'') may forgive or restructure the terms of any
indebtedness relating to any remaining principal and interest under
financial assistance made available under section 201 of the Housing
and Community Development Amendments of 1978 (12 U.S.C. 1715z-1a)
(``Flex Sub loan'').
b
The Secretary may only forgive or restructure loans under this
section for properties with--
(1) 200 or fewer assisted units;
(2) a Flex Sub loan with an unpaid principal balance of
$2,000,000 or less;
(3) a score of 80 or higher on the most recent REAC
inspection; and
(4) a most recent management and occupancy review score of
``above average'' or ``superior.''
c
The Secretary may set such terms and conditions as the
Secretary determines are appropriate for forgiveness or restructuring
under this section, including:
(1) Different maturity dates or interest rate terms;
(2) Extension of affordability use agreements; and
(3) Other measures to ensure the long-term stability of
operations at the property.
d
There is hereby appropriated $2,000,000, to remain available
until September 30, 2029, to carry out the purposes of this section, in
addition to amounts otherwise available for such purposes.
Sec. 240. Funds previously made available by the Consolidated and
Further Continuing Appropriations Act, 2013 (Public Law 113-6) for
initial project rental assistance contracts associated with the
demonstration program under the heading ``Housing for Persons with
Disabilities'' in the Consolidated and Further Continuing
Appropriations Act, 2012 (Public Law 112-55) that were available for
obligation through fiscal year 2016 are to remain available through
fiscal year 2031 for the liquidation of valid obligations incurred in
fiscal years 2013 through 2016.
Sec. 241. Amounts made available for the Office of Housing under
the heading ``Program Offices'' in this and prior Acts shall also be
available, without additional competition, for cooperative agreements
with participating administrative entities that have been selected
under section 513(b) of the Multifamily Assisted Housing Reform and
Affordability Act of 1997 (42 U.S.C. 1437f note) (MAHRAA) to provide
direct support, including carrying out due diligence and underwriting
functions for owners and for technical assistance activities, on
conditions established by the Secretary for small properties and owners
converting assistance under the first component or the second component
under the heading ``Rental Assistance Demonstration'' in the Department
of Housing and Urban Development Appropriations Act, 2012 (title II of
division C of Public Law 112-55).
Sec. 242. The Secretary shall conduct all rulemaking in accordance
with the policies of part 10 of title 24 of the Code of Federal
Regulations and Executive Order 12866, as amended, including providing
for public participation and not less than 60 days for the submission
of written comments.
Sec. 243. For fiscal year 2026, the costs of any rent incentives
as authorized pursuant to waivers or alternative requirements of the
jobs-plus initiative as described under the heading ``Self-Sufficiency
Programs'' shall not be charged against the competitive grant amounts
made available under such heading: Provided, That the amount of any
forgone increases in tenant rent payments due to the implementation of
such rent incentives shall be factored into the public housing agency's
general operating fund eligibility pursuant to the formula under the
heading ``Public Housing Fund'': Provided further, That the amount of
any foregone increases in tenant rent payments due to the
implementation of such rent incentives implemented on behalf of
residents of a project with assistance converted from public housing to
project-based rental assistance under section 8 of the United States
Housing Act of 1937 (42 U.S.C. 1437f) or assistance under section
8(o)(13) of such Act under the heading ``Rental Assistance
Demonstration'' in the Department of Housing and Urban Development
Appropriations Act, 2012 (title II of division C of Public Law 112-55),
as amended (42 U.S.C. 1437f note) shall be factored into (1) housing
assistance payments made pursuant to project-based subsidy contracts
provided under the heading ``Project-Based Rental Assistance''; and (2)
housing assistance payments made by public housing agencies pursuant to
project-based assistance contracts under section 8(o)(13) of such Act,
with these costs being renewed under the heading ``Tenant-Based Rental
Assistance''.
Sec. 244. In allocating and awarding available amounts provided
under the heading ``Homeless Assistance Grants'' in the Department of
Housing and Urban Development Appropriations Act, 2025 (Public Law 119-
04) and under section 231 of Public Law 116-94 for the continuum of
care program, the Secretary shall, prior to awarding any amounts
through a notice of funding opportunity and notwithstanding any
inconsistent provisions in such Acts or in subtitle C of title IV of
the McKinney-Vento Homeless Assistance Act, non-competitively renew for
one 12-month period all projects (including youth homelessness
demonstration projects and shelter plus care projects) expiring during
the first quarter of calendar year 2026 (including any projects that
expired from January 1, 2026 through the date of enactment of this
Act): Provided, That if awards have not been made under a fiscal year
2025 notice of funding opportunity prior to April 1, 2026, the
Secretary shall also non-competitively renew all such projects expiring
during the second quarter of calendar year 2026: Provided further,
That if awards have not been made under a fiscal year 2025 notice of
funding opportunity prior to July 1, 2026, the Secretary shall also
non-competitively renew all such projects expiring during the third and
fourth quarters of calendar year 2026: Provided further, That such
renewals shall be in an amount equal to the prior award with upward
adjustments to enable renewal projects to operate at substantially the
same levels, including cost-of-living adjustments for supportive
services from the prior grant and due to changes to the fair market
rents in the geographic area: Provided further, That amounts remaining
after all such renewals are made shall be competitively awarded
pursuant to a notice of funding opportunity: Provided further, That
such renewals shall not render recipients ineligible for awards under
any fiscal year 2025 and fiscal year 2026 notices of funding
opportunity.
This title may be cited as the ``Department of Housing and Urban
Development Appropriations Act, 2026''.
TITLE III
RELATED AGENCIES
Access Board
salaries and expenses
For expenses necessary for the Access Board, as authorized by
section 502 of the Rehabilitation Act of 1973 (29 U.S.C. 792),
$9,955,000: Provided, That, notwithstanding any other provision of
law, there may be credited to this appropriation funds received for
publications and training expenses.
Federal Maritime Commission
salaries and expenses
For necessary expenses of the Federal Maritime Commission as
authorized by section 46107 of title 46, United States Code, including
services as authorized by section 3109 of title 5, United States Code;
hire of passenger motor vehicles as authorized by section 1343(b) of
title 31, United States Code; and uniforms or allowances therefor, as
authorized by sections 5901 and 5902 of title 5, United States Code,
$40,000,000, of which $2,000,000 shall remain available until September
30, 2027: Provided, That not to exceed $3,500 shall be for official
reception and representation expenses.
National Railroad Passenger Corporation
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of Inspector General for the
National Railroad Passenger Corporation to carry out the provisions of
the Inspector General Act of 1978 (5 U.S.C. Chapter 4), $29,240,000:
Provided, That the Inspector General shall have all necessary
authority, in carrying out the duties specified in such Act, to
investigate allegations of fraud, including false statements to the
Government under section 1001 of title 18, United States Code, by any
person or entity that is subject to regulation by the National Railroad
Passenger Corporation: Provided further, That the Inspector General
may enter into contracts and other arrangements for audits, studies,
analyses, and other services with public agencies and with private
persons, subject to the applicable laws and regulations that govern the
obtaining of such services within the National Railroad Passenger
Corporation: Provided further, That the Inspector General may select,
appoint, and employ such officers and employees as may be necessary for
carrying out the functions, powers, and duties of the Office of
Inspector General, subject to the applicable laws and regulations that
govern such selections, appointments, and employment within the
National Railroad Passenger Corporation: Provided further, That
concurrent with the President's budget request for fiscal year 2027,
the Inspector General shall submit to the House and Senate Committees
on Appropriations a budget request for fiscal year 2027 in similar
format and substance to budget requests submitted by executive agencies
of the Federal Government.
National Transportation Safety Board
salaries and expenses
For necessary expenses of the National Transportation Safety Board,
including hire of passenger motor vehicles and aircraft; services as
authorized by section 3109 of title 5, United States Code, but at rates
for individuals not to exceed the per diem rate equivalent to the rate
for a GS-15; uniforms, or allowances therefor, as authorized by
sections 5901 and 5902 of title 5, United States Code, $145,000,000, of
which not to exceed $1,000 may be used for official reception and
representation expenses.
Neighborhood Reinvestment Corporation
payment to the neighborhood reinvestment corporation
For payment to the Neighborhood Reinvestment Corporation for use in
neighborhood reinvestment activities, as authorized by the Neighborhood
Reinvestment Corporation Act (42 U.S.C. 8101-8107), $158,000,000:
Provided, That the Neighborhood Reinvestment Corporation shall notify
network organizations of their full formula grant award by the latter
of 60 days after enactment of this Act or March 1, 2026.
Surface Transportation Board
salaries and expenses
For necessary expenses of the Surface Transportation Board,
including services authorized by section 3109 of title 5, United States
Code, $40,799,000: Provided, That, notwithstanding any other provision
of law, not to exceed $1,250,000 from fees established by the Surface
Transportation Board shall be credited to this appropriation as
offsetting collections and used for necessary and authorized expenses
under this heading: Provided further, That the amounts made available
under this heading from the general fund shall be reduced on a dollar-
for-dollar basis as such offsetting collections are received during
fiscal year 2026, to result in a final appropriation from the general
fund estimated at not more than $39,549,000.
United States Interagency Council on Homelessness
operating expenses
For necessary expenses, including payment of salaries, authorized
travel, hire of passenger motor vehicles, the rental of conference
rooms, and the employment of experts and consultants under section 3109
of title 5, United States Code, of the United States Interagency
Council on Homelessness (in this heading ``the Council'') in carrying
out the functions pursuant to title II of the McKinney-Vento Homeless
Assistance Act, as amended, $3,000,000: Provided, That the Council
shall be staffed in accordance with section 11313(a)(5) of title 42,
United States Code, and regional coordinators shall have the proven
expertise and demonstrated experience needed to carry out the duties
specified in such section: Provided further, That each meeting of the
Council shall be open to the public, and the Council shall post a
public notification of each Council meeting not less than 30 days in
advance of each meeting on its website and include the agenda for each
meeting in such posting.
TITLE IV
GENERAL PROVISIONS--THIS ACT
Sec. 401. None of the funds in this Act shall be used for the
planning or execution of any program to pay the expenses of, or
otherwise compensate, non-Federal parties intervening in regulatory or
adjudicatory proceedings funded in this Act.
Sec. 402. None of the funds appropriated in this Act shall remain
available for obligation beyond the current fiscal year, nor may any be
transferred to other appropriations, unless expressly so provided
herein.
Sec. 403. The expenditure of any appropriation under this Act for
any consulting service through a procurement contract pursuant to
section 3109 of title 5, United States Code, shall be limited to those
contracts where such expenditures are a matter of public record and
available for public inspection, except where otherwise provided under
existing law, or under existing Executive Order issued pursuant to
existing law.
Sec. 404. (a) None of the funds made available in this Act may be
obligated or expended for any employee training that--
(1) does not meet identified needs for knowledge, skills,
and abilities bearing directly upon the performance of official
duties;
(2) contains elements likely to induce high levels of
emotional response or psychological stress in some
participants;
(3) does not require prior employee notification of the
content and methods to be used in the training and written end
of course evaluation;
(4) contains any methods or content associated with
religious or quasi-religious belief systems or ``new age''
belief systems as defined in Equal Employment Opportunity
Commission Notice N-915.022, dated September 2, 1988; or
(5) is offensive to, or designed to change, participants'
personal values or lifestyle outside the workplace.
b
Nothing in this section shall prohibit, restrict, or otherwise
preclude an agency from conducting training bearing directly upon the
performance of official duties.
Sec. 405. (a) Except as otherwise provided in this Act or the
explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act), none of the funds provided in
this Act or provided by previous appropriations Acts to the agencies or
entities funded in this Act that remain available for obligation or
expenditure in fiscal year 2026, or provided from any accounts in the
Treasury derived by the collection of fees and available to the
agencies funded by this Act, shall be available for obligation or
expenditure through a reprogramming of funds that--
(1) creates a new program;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel for any program, project,
or activity for which funds have been denied or restricted by
the Congress;
(4) proposes to use funds directed for a specific activity
by either the House or Senate Committees on Appropriations for
a different purpose;
(5) augments existing programs, projects, or activities in
excess of $5,000,000 or 10 percent, whichever is less;
(6) reduces existing programs, projects, or activities by
$5,000,000 or 10 percent, whichever is less; or
(7) creates, reorganizes, or restructures a branch,
division, office, bureau, board, commission, agency,
administration, or department different from the budget
justifications submitted to the House and Senate Committees on
Appropriations, the explanatory statement described in section
4 (in the matter preceding division A of this consolidated
Act), or the relevant operating plan properly submitted by each
agency, whichever is more detailed.
b
Not later than 60 days after the date of enactment of this Act,
each agency funded by this Act shall submit an operating plan to the
House and Senate Committees on Appropriations to establish the baseline
for application of reprogramming and transfer authorities for the
current fiscal year: Provided, That the operating plan shall include--
(1) a table for each appropriation with a separate column
to display the prior year enacted level, the President's budget
request, adjustments made by Congress, adjustments due to
enacted rescissions, if appropriate, and the fiscal year
enacted level;
(2) a delineation in the table for (A) each appropriation
and its respective prior year enacted level by object class and
program, project, and activity as detailed in this Act, the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act), or in the
budget appendix for the respective appropriations, whichever is
more detailed, (B) each item for which a dollar amount is
specified and for all programs for which new budget
(obligational) authority is provided, and (C) each
discretionary grant and discretionary grant allocation;
(3) an organizational chart that includes current and
estimated staffing numbers, by office, at the customary level
of detail unless otherwise directed by this Act or the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act); and
(4) an identification of items of special congressional
interest.
c
Each agency may reprogram amounts in excess of or contrary to
the threshold limitations established in this section only after--
(1) providing written notification to the House and Senate
Committees on Appropriations no less than 30 days in advance of
such reprogramming of funds; and
(2) receiving prior written approval from the House and
Senate Committees on Appropriations.
Sec. 406. Except as otherwise specifically provided by law, not to
exceed 50 percent of unobligated balances remaining available at the
end of fiscal year 2026 from appropriations made available for salaries
and expenses for fiscal year 2026 in this Act, shall remain available
through September 30, 2027, for each such account for the purposes
authorized: Provided, That a request shall be submitted to the House
and Senate Committees on Appropriations for approval prior to the
expenditure of such funds: Provided further, That these requests shall
be made in compliance with reprogramming guidelines under section 405
of this Act.
Sec. 407. No funds in this Act may be used to support any Federal,
State, or local projects that seek to use the power of eminent domain,
unless eminent domain is employed only for a public use: Provided,
That for purposes of this section, public use shall not be construed to
include economic development that primarily benefits private entities:
Provided further, That any use of funds for mass transit, railroad,
airport, seaport or highway projects, as well as utility projects which
benefit or serve the general public (including energy-related,
communication-related, water-related and wastewater-related
infrastructure), other structures designated for use by the general
public or which have other common-carrier or public-utility functions
that serve the general public and are subject to regulation and
oversight by the government, and projects for the removal of an
immediate threat to public health and safety or brownfields as defined
in the Small Business Liability Relief and Brownfields Revitalization
Act (Public Law 107-118) shall be considered a public use for purposes
of eminent domain.
Sec. 408. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government, except pursuant to a transfer made by, or transfer
authority provided in, this Act or any other appropriations Act.
Sec. 409. No funds appropriated pursuant to this Act may be
expended by an entity unless the entity agrees that in expending the
assistance the entity will comply with sections 2 through 4 of the Act
of March 3, 1933 (41 U.S.C. 8301-8305, popularly known as the ``Buy
American Act'').
Sec. 410. No funds appropriated or otherwise made available under
this Act shall be made available to any person or entity that has been
convicted of violating the Buy American Act (41 U.S.C. 8301-8305).
Sec. 411. None of the funds made available in this Act may be used
for first-class airline accommodations in contravention of sections
301-10.122 and 301-10.123 of title 41, Code of Federal Regulations.
Sec. 412. None of the funds made available in this Act may be used
to send or otherwise pay for the attendance of more than 50 employees
of a single agency or department of the United States Government, who
are stationed in the United States, at any single international
conference unless the relevant Secretary reports to the House and
Senate Committees on Appropriations at least 5 days in advance that
such attendance is important to the national interest: Provided, That
for purposes of this section the term ``international conference''
shall mean a conference occurring outside of the United States attended
by representatives of the United States Government and of foreign
governments, international organizations, or nongovernmental
organizations.
Sec. 413. None of the funds appropriated or otherwise made
available under this Act may be used by the Surface Transportation
Board to charge or collect any filing fee for rate or practice
complaints filed with the Board in an amount in excess of the amount
authorized for district court civil suit filing fees under section 1914
of title 28, United States Code.
Sec. 414. (a) None of the funds made available in this Act may be
used to maintain or establish a computer network unless such network
blocks the viewing, downloading, and exchanging of pornography.
b
Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law enforcement
agency or any other entity carrying out criminal investigations,
prosecution, or adjudication activities.
Sec. 415. (a) None of the funds made available in this Act may be
used to deny an Inspector General funded under this Act timely access
to any records, documents, or other materials available to the
department or agency over which that Inspector General has
responsibilities under the Inspector General Act of 1978 (5 U.S.C.
App.), or to prevent or impede that Inspector General's access to such
records, documents, or other materials, under any provision of law,
except a provision of law that expressly refers to the Inspector
General and expressly limits the Inspector General's right of access.
b
A department or agency covered by this section shall provide
its Inspector General with access to all such records, documents, and
other materials in a timely manner.
c
Each Inspector General shall ensure compliance with statutory
limitations on disclosure relevant to the information provided by the
establishment over which that Inspector General has responsibilities
under the Inspector General Act of 1978 (5 U.S.C. App.).
d
Each Inspector General covered by this section shall report to
the Committees on Appropriations of the House of Representatives and
the Senate within 5 calendar days any failures to comply with this
requirement.
Sec. 416. None of the funds appropriated or otherwise made
available by this Act may be used to pay award or incentive fees for
contractors whose performance has been judged to be below satisfactory,
behind schedule, over budget, or has failed to meet the basic
requirements of a contract, unless the Agency determines that any such
deviations are due to unforeseeable events, government-driven scope
changes, or are not significant within the overall scope of the project
and/or program unless such awards or incentive fees are consistent with
16.401(e)(2) of the Federal Acquisition Regulations.
Sec. 417. No part of any appropriation contained in this Act shall
be available to pay the salary for any person filling a position, other
than a temporary position, formerly held by an employee who has left to
enter the Armed Forces of the United States and has satisfactorily
completed his or her period of active military or naval service, and
has within 90 days after his or her release from such service or from
hospitalization continuing after discharge for a period of not more
than 1 year, made application for restoration to his or her former
position and has been certified by the Office of Personnel Management
as still qualified to perform the duties of his or her former position
and has not been restored thereto.
Sec. 418. (a) None of the funds made available by this Act may be
used to approve a new foreign air carrier permit under sections 41301
through 41305 of title 49, United States Code, or exemption application
under section 40109 of that title of an air carrier already holding an
air operators certificate issued by a country that is party to the
U.S.-E.U.-Iceland-Norway Air Transport Agreement where such approval
would contravene United States law or Article 17 bis of the U.S.-E.U.-
Iceland-Norway Air Transport Agreement.
b
Nothing in this section shall prohibit, restrict or otherwise
preclude the Secretary of Transportation from granting a foreign air
carrier permit or an exemption to such an air carrier where such
authorization is consistent with the U.S.-E.U.-Iceland-Norway Air
Transport Agreement and United States law.
Sec. 419. None of the funds made available by this Act may be used
in contravention of existing Federal law regarding non-citizen
eligibility and ineligibility for occupancy in federally assisted
housing or for participation in and assistance under Federal housing
programs, including section 214 of the Housing and Community
Development Act of 1980 (42 U.S.C. 1436a) and title IV of the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996 (8
U.S.C. 1601 et seq.).
Sec. 420. (a) No part of any appropriation contained in this Act or
title VIII of division J of Public Law 117-58 shall be used, other than
for normal and recognized executive-legislative relationships, for
publicity or propaganda purposes, and for the preparation,
distribution, or use of any kit, pamphlet, booklet, publication, radio,
television, or film presentation designed to support or defeat
legislation pending before the Congress, except in presentation to the
Congress itself.
b
No part of any appropriation contained in this Act or in title
VIII of division J of Public Law 117-58 shall be used to pay the salary
or expenses of any grant or contract recipient, or agent acting for
such recipient, related to any activity designed to influence the
enactment of legislation or appropriations proposed or pending before
the Congress, other than for normal and recognized executive-
legislative relationships.
c
Amounts repurposed pursuant to subsections (a) and (b) shall
continue to be treated as amounts specified in section 103(b) of
division A of Public Law 118-5.
Sec. 421. (a) In the table of projects in the explanatory statement
referenced in section 417 of the Transportation, Housing and Urban
Development, and Related Agencies Appropriations Act, 2022 (division L
of Public Law 117-103)--
(1) the item relating to ``Kansas Rail Safety Improvement
Project'' is deemed to be amended by striking recipient
``Pittsburg Port Authority (KS)'' and inserting ``Kansas
Department of Transportation'';
(2) the item relating to ``The Barkers Creek Industrial
Park Power Expansion'' is deemed to be amended by striking
``The Barkers Creek Industrial Park Power Expansion'' and
inserting ``Barkers Creek Industrial Park Access Bridge, Phase
II'';
(3) the item relating to ``Acquisition of new commercial
space'' is deemed to be amended by striking project
``Acquisition of new commercial space'' and inserting
``Renovation of commercial space'';
(4) the item relating to ``Electric school bus and
associated electric vehicle (EV) charging infrastructure'' is
deemed to be amended by striking recipient ``Falls Church City
Public Schools'' and inserting ``City of Falls Church'';
(5) the item relating to ``North Commons Regional Vision''
is deemed to be amended by striking recipient ``Minneapolis
Park and Recreation Board'' and inserting ``City of
Minneapolis'';
(6) the item relating to ``Orangewood Parkette'' is deemed
to be amended by striking project ``Orangewood Parkette'' and
inserting ``Orangewood Complete Streets'';
(7) the item relating to ``Replacing Five Elevators in a
Public Housing Development'' is deemed to be amended by
striking project ``Replacing Five Elevators in a Public Housing
Development'' and inserting ``Replacing Elevators in a Public
Housing Development'';
(8) the item relating to ``Long Branch Stream Valley Park
Pedestrian Bridge Replacements and ADA Improvements'' is deemed
to be amended by striking recipient ``Montgomery County
Government'' and inserting ``Maryland National Capital Park and
Planning Commission'';
(9) the item relating to ``Washington Gorge Action
Programs--Goldendale Childcare and Early Learning Center'' is
deemed to be amended by striking ``Goldendale'';
(10) the item relating to ``Habitat for Humanity's Veterans
Blitz Build'' is deemed to be amended by striking recipient
``Habitat for Humanity San Bernardino Area, Inc.'' and
inserting ``Neighborhood Partnership Housing Services, Inc.
(NPHS)'';
(11) the item relating to ``Allen University Restoration of
Historic Waverly-Good Samaritan Hospital'' is deemed to be
amended by striking ``Allen University Restoration of Historic
Waverly-Good Samaritan Hospital'' and inserting ``Facility
Upgrades'';
(12) the item relating to ``The MEWS at Spencer Road,
Affordable Housing and Mixed Use Development'' is deemed to be
amended by striking ``The MEWS at Spencer Road,''; and
(13) The item relating to ``ARISE housing for young adults
transitioning out of foster care'' is deemed to be amended by
striking ``ARISE housing for young adults transitioning out of
foster care'' and inserting ``Construction of Housing in the
City of Greenville.''
b
In the table of projects entitled ``Community Project Funding/
Congressionally Directed Spending'' in the explanatory statement for
division L of the Consolidated Appropriations Act, 2023 (Public Law
117-328) described in section 4 in the matter preceding division A of
such Act--
(1) the item relating to ``Lower Shore Clinic Co-Occurring
Disorder Treatment Facility Housing'' is deemed to be amended
by:
(A) striking ``Lower Shore Clinic Co-Occurring
Disorder Treatment Facility Housing'' and inserting
``HealthPort Co-Occurring Disorder Treatment
Facility''; and
(B) striking recipient ``Lower Shore Clinic Inc.''
and inserting ``HealthPort, Inc.'';
(2) the item relating to ``Metra Zero Emission Locomotive
Commuter Rail Pilot'' is deemed to be amended by striking
``Locomotive'';
(3) the item relating to ``Acquisition of Property for the
Revitalization of Cliftondale Square Business District'' is
deemed to be amended by striking ``Acquisition of Property for
the'';
(4) the item relating to ``Supportive Living, Community Day
Services, and Housing Site Project for Adults with Intellectual
and Developmental Disabilities'' is deemed to be amended by
striking project ``Supportive Living, Community Day Services,
and Housing Site Project for Adults with Intellectual and
Developmental Disabilities'' and inserting ``Community Day
Services and Housing Expansion for Adults with Intellectual and
Developmental Disabilities'';
(5) the item relating to ``Public Library Addition'' is
deemed to be amended by striking project ``Public Library
Addition'' and inserting ``Public Library Renovations'';
(6) the item relating to ``Renovation of Snelling Motel to
Affordable Housing for Veterans'' is deemed to be amended by
striking project ``Renovation of Snelling Motel to Affordable
Housing for Veterans'' and inserting ``Acquisition for
Affordable Housing for Veterans'';
(7) the item relating to ``El Centro de la Raza-Pattison's
West Community Campus Property Acquisition'' is deemed to be
amended by striking project ``El Centro de la Raza-Pattison's
West Community Campus Property Acquisition'' and inserting
``Pattison's West Community Campus'';
(8) the item relating to ``Riverbrook Regional YMCA'' is
deemed to be amended by striking recipient ``Riverbrook
Regional Young Men's Christian Association, Inc.'' and
inserting ``City of Norwalk'';
(9) the item relating to ``The SE1 Rehab'' is deemed to be
amended by striking recipient ``The Skid Row Housing Trust''
and inserting ``PATH Ventures'' and striking project ``The SE1
Rehab'' and inserting ``Skid Row Permanent Supportive Housing
Rehabilitation'';
(10) the item relating to ``Community Aging & Retirement
Services, Inc.'' is deemed to be amended by striking recipient
``Community Aging & Retirement Services, Inc.'' and inserting
``Pasco County,'' and striking project ``CARES One Stop Senior
Center Acquisition and Construction'' and inserting ``Senior
Center Acquisition and Construction'';
(11) the item relating to ``Western Flyer Coast Guard Pier
Repair and Classroom Design'' is deemed to be amended by
striking project ``Western Flyer Coast Guard Pier Repair and
Classroom Design'' and inserting ``Western Flyer Pier and
Classroom Repair'';
(12) the item relating to ``NYCHA ADA Accessibility and
Security Lighting Project'' is deemed to be amended by striking
project ``NYCHA ADA Accessibility and Security Lighting
Project'' and inserting ``Installation of Exterior Lighting at
Borinquen Plaza II'';
(13) the item relating to ``Ausonia Apartments
Modernization'' is deemed to be amended by striking recipient
``Ausonia Apartments'' and inserting ``Boston Housing
Authority'';
(14) the item relating to ``Helping Up Mission Permanent
Housing on East Baltimore Street'' is deemed to be amended by
striking ``Helping Up Mission Permanent Housing on East
Baltimore Street'' and inserting ``Greenspace Development in
Baltimore'';
(15) the item relating to ``The Choir School of Delaware's
New Building at 8th and West Street in Wilmington's Historic
Quaker Hill District'' is deemed to be amended by striking ``at
8th and West Street in Wilmington's Historic Quaker Hill
District'' and inserting ``in Wilmington'';
(16) the item relating to ``WTA 2011 Fixed Route Diesel to
Electric Replacement Project, Bellingham'' is deemed to be
amended by striking ``WTA 2011 Fixed Route Diesel to Electric
Replacement Project, Bellingham'' and inserting ``Acquisition
of Hybrid-Electric Buses''; and
(17) the item relating to ``Media and Arts Collaborative
Building Renovation'' is deemed to be amended by striking
``Renovation''.
c
In the table of projects entitled ``Community Project Funding/
Congressionally Directed Spending'' in the explanatory statement for
division F of the Consolidated Appropriations Act, 2024 (Public Law
118-42) described in section 4 in the matter preceding division A of
such Act--
(1) the item relating to ``Hardwoods Permanent Supportive
Housing'' is deemed to be amended by striking ``Hardwoods'';
(2) the item relating to ``Cle Elum--First Street Downtown
Revitalization'' is deemed to be amended by striking ``First
Street'';
(3) the item relating to ``Center for Community Programs in
Livermore Falls and Jay'' is deemed to be amended by striking
recipient ``United Way of the Tri-Valley Area'' and inserting
``Town of Jay'';
(4) the item relating to ``Pawtucket Library, Sayles
Building Re-Pointing'' is deemed to be amended by striking
project ``Pawtucket Library, Sayles Building Re-Pointing'' and
inserting ``Pawtucket Library, Sayles Building Renovation'';
(5) the item relating to ``Germany Road Relocation
Project'' is deemed to be amended by striking project ``Germany
Road Relocation Project'' and inserting ``Sewer Improvements'';
(6) the item relating to ``Community Center Expansion and
Land Acquisition'' is deemed to be amended by striking
``Expansion and Land Acquisition'' and inserting ``Planning and
Design'';
(7) the item relating to ``Laconia, NH Hill Street
Pedestrian Bridge Replacement'' is deemed to be amended by
striking ``Hill Street'' and inserting ``Mill Street'';
(8) the item relating to ``Sunnyside Community Reinvestment
as Cultura & Traditions: Tucson, AZ'' is deemed to be amended
by striking recipient ``Sunnyside Foundation'' and inserting
``Sunnyside Unified School District'';
(9) the item relating to ``Craighead Technology Park and
Public Safety Center'' is deemed to be amended by striking
recipient ``City Water and Light of Jonesboro'' and inserting
``City of Jonesboro'';
(10) the item relating to ``Capital Repairs of 4 Affordable
Housing properties, City of Seattle, King County, WA'' is
deemed to be amended by striking ``4'' and inserting ``3'';
(11) the item relating to ``Middletown Plaza Elevator
Replacement'' is deemed to be amended by striking ``Middletown
Plaza Elevator Replacement'' and inserting ``Security Upgrades
at NYCHA's Soundview Houses'';
(12) the item relating to ``Morris Affordable Housing
Infrastructure'' is deemed to be amended by striking recipient
``Morris Affordable Housing Infrastructure'' and inserting
``Morris Housing Authority'';
(13) the item relating to ``Rehabilitation of Historic
Alumni House as Skills-based Workforce Development Community
Center'' is deemed to be amended by striking ``Historic Alumni
House as'' and inserting ``a building for a'';
(14) the item relating to ``Mt. Airy/Germantown Streetscape
Improvement and Reconnection'' is deemed to be amended by
striking recipient ``Mt. Airy Business Improvement District''
and inserting ``City of Philadelphia'';
(15) the item relating to ``YMCA of Greater Pittsburgh'' is
deemed to be amended by striking ``YMCA of Greater Pittsburgh''
and inserting ``Allegheny YMCA Renovation'';
(16) the item relating to ``Corn Maiden Early Learning
Center'' is deemed to be amended by striking recipient ``Corn
Maiden Early Learning Center'' and inserting ``Indian Pueblo
Cultural Center'';
(17) the item relating to ``10th Street Realignment Project
Overpass Project'' is deemed to be amended by striking
recipient ``City of Richmond'' and inserting ``Fort Bend
County''; and
(18) the item relating to ``S. Roosevelt Road Share Use
Path'' is deemed to be amended by striking ``S. Roosevelt
Road''.
d
Each amendment made by subsection (a) shall be considered and
treated as a continuation of an existing obligation of funds and not as
a new obligation of funds.
e
Amounts made available under the heading ``Department of
Transportation--Consolidated Rail Infrastructure and Safety
Improvements'' for the item relating to ``Midway Crossing'' in the
table of projects entitled ``Community Project Funding/Congressionally
Directed Spending'' in the explanatory statement for division L of the
Consolidated Appropriations Act, 2023 (Public Law 117-328) described in
section 4 in the matter preceding division A of such Act shall be
transferred to ``Department of Transportation--Transit Infrastructure
Grants'' and shall be available under the heading to which transferred
for its original purpose.
(1) The item relating to ``Midway Crossing'' is deemed to
be amended by striking account ``Consolidated Rail
Infrastructure and Safety Improvements'' and inserting
``Transit Infrastructure Grants'' in the table of projects
entitled ``Community Project Funding/Congressionally Directed
Spending'' in the explanatory statement for division L of the
Consolidated Appropriations Act, 2023 (Public Law 117-328)
described in section 4 in the matter preceding division A of
such Act.
Sec. 422. The Department of Transportation and the Department of
Housing and Urban Development shall provide the House and Senate
Committees on Appropriations:
(1) quarterly reports on the status of all funds, including
the start of year unobligated and uncommitted balances, and the
total obligations and recaptures for the fiscal year, by
program, project, and activity;
(2) semiannual reports on staffing levels, hirings, and
separations (including through the deferred resignation program
and any other voluntary retirement programs), consistent with
direction provided in this Act or the explanatory statement
described in section 4 (in the matter preceding division A of
this consolidated Act); and
(3) additional, updated budget or financial technical
assistance, upon request.
Sec. 423. Each Department and agency funded in this Act shall
maintain on its publicly accessible website:
(1) notices of funding opportunities (including any
amendments) for all competitive grant programs issued in the
most recent 10 years;
(2) grant awards for the most recent 10 years; and
(3) programmatic notices, guidance, and grant agreement
templates for any grant program with disbursement activity
within the previous 5 fiscal years.
Sec. 424. No later than 30 days after the date of enactment of
this Act, and annually thereafter, the Departments and agencies funded
under this Act shall submit a report to the House and Senate Committees
on Appropriations on current staffing levels for all political and
Presidential appointees in such Departments and agencies and
categorized by which office within such Departments and agencies such
employee is funded from, the office in which such employee carries out
their daily work, such employee's title, and such employee's pay grade
or the equivalent level based on the GS-scale.
Sec. 425. The assistance made available under paragraph (5)(B)
under the heading ``Public and Indian Housing--Tenant-Based Rental
Assistance'' in title II of this Act shall be known and designated as
``The Melania Trump Foster Youth to Independence Initiative''.
Sec. 426. (a) In the table titled ``Community Project Funding/
Congressionally Directed Spending'' in the explanatory statement for
division A of the Commerce, Justice, Science; Energy and Water
Development; and Interior and Environment Appropriations Act, 2026
described in section 4 in the matter preceding division A of such Act--
(1) the contents in the ``Senate'' sub column of the
``Requestor(s)'' column are deemed to be amended by inserting
``Kaine, Warner'' for the project identified as the ``Center of
Excellence in Environmental Forecasting'' for the recipient
``Virginia Institute of Marine Science'';
(2) the contents in the ``Recipient'' column are deemed to
be amended by--
(A) inserting ``Research Foundation of the'' before
``City University of New York on behalf of Medgar Evers
College'' for the project identified as ``Advancing
Scientific Research Capabilities'';
(B) inserting ``Research Foundation of the'' before
``State University of New York on behalf of the
University at Buffalo'' for the project identified as
``Center of Excellence for Cross-Border Supply
Chains'';
(C) striking ``Game Department/Great Bay National
Estuarine Research'' and inserting ``New Hampshire Fish
and Game Department/Great Bay National Estuarine
Research Reserve'' for the project identified as
``Great Bay National Estuarine Research Reserve:
Research Facility'';
(D) striking ``of Albany'' and inserting ``at
Albany'' for the project identified as ``UAlbany CNSE
200mm Wafer Cleanroom Equipment Upgrade''; and
(E) striking ``Penn'' and inserting ``Pennington''
for the project identified as ``Jail Tech Upgrades'';
and
(3) the contents in the ``Project'' column are deemed to be
amended by inserting--
(A) ``Chip Design Hub: Advanced Chip Design,
Testing and'' before ``Fabrication Laboratory Equipment
for Preparing the Semiconductor Workforce'' for
recipient ``Florida Atlantic University'';
(B) ``University of Texas at Dallas Comparative
Effectiveness of'' before ``North Texas Workforce
Development Programs for Semiconductors'' for recipient
``The University of Texas at Dallas'';
(C) ``D'Youville University School of Pharmacy
Sterile'' before ``Compounding and Non-Sterile
Hazardous Compounding Lab'' for recipient ``D'Youville
University'';
(D) ``Building the Workforce of the Future
Generation By'' before ``Empowering Underserved
Students with Technology-based STEM Education'' for
recipient ``Research Foundation of CUNY'';
(E) ``Additive Construction and Manufacturing
Equipment for'' before ``Affordable and Resilient
Housing Research and Workforce Development'' for
recipient ``Rowan University''; and
(F) ``Interdisciplinary Engineering & Computing
initiative to'' before ``Advance Semiconductor Industry
and National Security Project'' for recipient ``Florida
International University''.
b
The table titled ``Department of Commerce Allocation of
National Institute of Standards and Technology Funds: CHIPS Act Fiscal
Year 2026'' in the explanatory statement for division A of the
Commerce, Justice, Science; Energy and Water Development; and Interior
and Environment Appropriations Act, 2026 described in section 4 in the
matter preceding division A of such Act is deemed to be amended by
striking ``(1,000,000)'' and inserting ``(100,000)'' for the
``Administrative Expenses'' project and activity.
c
In the table titled ``Interior and Environment Incorporation of
Community Project Funding/Congressionally Directed Spending Items'' in
the explanatory statement for division C of the Commerce, Justice,
Science; Energy and Water Development; and Interior and Environment
Appropriations Act, 2026 described in section 4 in the matter preceding
division A of such Act, the contents in the ``Project Recipient and
Name'' column for the ``STAG--Other (CDS)'' account are deemed to be
amended by striking ``COR Healthy Communities for Waste Improvement
System'' and inserting ``Oregon Metro for Waste Improvement System''.
d
The Department of the Interior, Environment, and Related
Agencies Appropriations Act, 2026, is amended--
(1) in the matter preceding the first proviso under the
heading ``National Park Service--Operation of the National Park
System'' by striking ``$2,877,195,000'' and inserting
``$2,901,195,000'', striking ``$148,285,000'' and inserting
``$157,165,000'', and striking ``$157,950,000'' and inserting
``$173,070,000''; and
(2) in the matter preceding the first proviso under the
heading ``National Park Service--Historic Preservation Fund'',
by striking ``$205,059,000'' and inserting ``$181,059,000''.
This division may be cited as the ``Transportation, Housing and
Urban Development, and Related Agencies Appropriations Act, 2026''.
DIVISION E--FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS
ACT, 2026
TITLE I
DEPARTMENT OF THE TREASURY
Departmental Offices
salaries and expenses
For necessary expenses of the Departmental Offices including
operation and maintenance of the Treasury Building and Freedman's Bank
Building; hire of passenger motor vehicles; maintenance, repairs, and
improvements of, and purchase of commercial insurance policies for,
real properties leased or owned overseas, when necessary for the
performance of official business; executive direction program
activities; international affairs and economic policy activities;
domestic finance and tax policy activities, including technical
assistance to State, local, and territorial entities; and Treasury-wide
management policies and programs activities, $287,576,000: Provided,
That of the amount appropriated under this heading--
(1) not to exceed $1,350,000 is for official reception and
representation expenses of which $1,000,000 is available until
January 30, 2027, for hosting the G20 Financial Summit;
(2) not to exceed $258,000 is for unforeseen emergencies of
a confidential nature to be allocated and expended under the
direction of the Secretary of the Treasury and to be accounted
for solely on the Secretary's certificate; and
(3) not to exceed $42,000,000 shall remain available until
September 30, 2027, for--
(A) the Treasury-wide Financial Statement Audit and
Internal Control Program;
(B) information technology modernization
requirements;
(C) the audit, oversight, and administration of the
Gulf Coast Restoration Trust Fund;
(D) the development and implementation of programs
within the Office of Cybersecurity and Critical
Infrastructure Protection, including entering into
cooperative agreements;
(E) operations and maintenance of facilities; and
(F) international operations.
committee on foreign investment in the united states fund
(including transfer of funds)
For necessary expenses of the Committee on Foreign Investment in
the United States, $21,000,000, to remain available until expended:
Provided, That the chairperson of the Committee may transfer such
amounts to any department or agency represented on the Committee
(including the Department of the Treasury) subject to advance
notification to the Committees on Appropriations of the House of
Representatives and the Senate: Provided further, That the Department
shall submit a report with the notification describing the amount of
the transfer, the purpose of the transfer, and the receiving agency:
Provided further, That amounts so transferred shall remain available
until expended for expenses of implementing section 721 of the Defense
Production Act of 1950, as amended (50 U.S.C. 4565), and shall be
available in addition to any other funds available to any department or
agency: Provided further, That fees authorized by section 721(p) of
such Act shall be credited to this appropriation as offsetting
collections: Provided further, That the total amount appropriated
under this heading from the general fund shall be reduced as such
offsetting collections are received during fiscal year 2026, so as to
result in a total appropriation from the general fund estimated at not
more than $0.
office of terrorism and financial intelligence
salaries and expenses
For the necessary expenses of the Office of Terrorism and Financial
Intelligence to safeguard the financial system against illicit use and
to combat rogue nations, terrorist facilitators, weapons of mass
destruction proliferators, human rights abusers, money launderers, drug
kingpins, and other national security threats, $237,662,000, of which
not less than $3,000,000 shall be available for addressing human rights
violations and corruption, including activities authorized by the
Global Magnitsky Human Rights Accountability Act (22 U.S.C. 2656 note):
Provided, That of the amounts appropriated under this heading, up to
$16,000,000 shall remain available until September 30, 2027.
cybersecurity enhancement account
For salaries and expenses for enhanced cybersecurity for systems
operated by the Department of the Treasury, $59,000,000, to remain
available until September 30, 2028: Provided, That such funds shall
supplement and not supplant any other amounts made available to the
Treasury offices and bureaus for cybersecurity: Provided further, That
of the total amount made available under this heading $6,000,000 shall
be available for administrative expenses for the Treasury Chief
Information Officer to provide oversight of the investments made under
this heading: Provided further, That such funds shall supplement and
not supplant any other amounts made available to the Treasury Chief
Information Officer.
department-wide systems and capital investments programs
(including transfer of funds)
For development and acquisition of automatic data processing
equipment, software, and services and for repairs and renovations to
buildings owned by the Department of the Treasury, $11,007,000, to
remain available until September 30, 2028: Provided, That these funds
shall be transferred to accounts and in amounts as necessary to satisfy
the requirements of the Department's offices, bureaus, and other
organizations: Provided further, That this transfer authority shall be
in addition to any other transfer authority provided in this Act:
Provided further, That none of the funds appropriated under this
heading shall be used to support or supplement ``Internal Revenue
Service--Technology and Operations Support'' or ``Internal Revenue
Service--Business Systems Modernization''.
office of inspector general
salaries and expenses
For necessary expenses of the Office of Inspector General in
carrying out the provisions of chapter 4 of title 5, United States
Code, $48,389,000, including hire of passenger motor vehicles; of which
not to exceed $100,000 shall be available for unforeseen emergencies of
a confidential nature, to be allocated and expended under the direction
of the Inspector General of the Treasury; of which up to $2,800,000 to
remain available until September 30, 2027, shall be for audits and
investigations conducted pursuant to section 1608 of the Resources and
Ecosystems Sustainability, Tourist Opportunities, and Revived Economies
of the Gulf Coast States Act of 2012 (33 U.S.C. 1321 note); and of
which not to exceed $1,000 shall be available for official reception
and representation expenses.
treasury inspector general for tax administration
salaries and expenses
For necessary expenses of the Treasury Inspector General for Tax
Administration in carrying out chapter 4 of title 5, United States
Code, including purchase and hire of passenger motor vehicles (31
U.S.C. 1343(b)); and services authorized by 5 U.S.C. 3109, at such
rates as may be determined by the Inspector General for Tax
Administration; $165,000,000, of which $5,000,000 shall remain
available until September 30, 2027; of which not to exceed $6,000,000
shall be available for official travel expenses; of which not to exceed
$500,000 shall be available for unforeseen emergencies of a
confidential nature, to be allocated and expended under the direction
of the Inspector General for Tax Administration; and of which not to
exceed $1,500 shall be available for official reception and
representation expenses.
Financial Crimes Enforcement Network
salaries and expenses
For necessary expenses of the Financial Crimes Enforcement Network,
including hire of passenger motor vehicles; travel and training
expenses of non-Federal and foreign government personnel to attend
meetings and training concerned with domestic and foreign financial
intelligence activities, law enforcement, and financial regulation;
services authorized by 5 U.S.C. 3109; not to exceed $25,000 for
official reception and representation expenses; and for assistance to
Federal law enforcement agencies, with or without reimbursement,
$185,193,000, of which not to exceed $55,000,000 shall remain available
until September 30, 2028.
Bureau of the Fiscal Service
salaries and expenses
For necessary expenses of operations of the Bureau of the Fiscal
Service, $391,109,000; of which not to exceed $8,000,000, to remain
available until September 30, 2028, is for information systems
modernization initiatives; and of which $5,000 shall be available for
official reception and representation expenses.
In addition, $242,000, to be derived from the Oil Spill Liability
Trust Fund to reimburse administrative and personnel expenses for
financial management of the Fund, as authorized by section 1012 of
Public Law 101-380.
Alcohol and Tobacco Tax and Trade Bureau
salaries and expenses
For necessary expenses of carrying out section 1111 of the Homeland
Security Act of 2002, including hire of passenger motor vehicles,
$157,795,000; of which not to exceed $6,000 shall be available for
official reception and representation expenses; and of which not to
exceed $50,000 shall be available for cooperative research and
development programs for laboratory services; and provision of
laboratory assistance to State and local agencies with or without
reimbursement: Provided, That of the amount appropriated under this
heading, $5,000,000 shall be for the costs of accelerating the
processing of formula and label applications: Provided further, That
of the amount appropriated under this heading, $5,000,000, to remain
available until September 30, 2028, shall be for the costs associated
with enforcement of and education regarding the trade practice
provisions of the Federal Alcohol Administration Act (27 U.S.C. 201 et
seq.).
United States Mint
united states mint public enterprise fund
Pursuant to section 5136 of title 31, United States Code, the
United States Mint is provided funding through the United States Mint
Public Enterprise Fund for costs associated with the production of
circulating coins, numismatic coins, and protective services, including
both operating expenses and capital investments: Provided, That the
aggregate amount of new liabilities and obligations incurred during
fiscal year 2026 under such section 5136 for circulating coinage and
protective service capital investments of the United States Mint shall
not exceed $50,000,000.
Community Development Financial Institutions Fund
To carry out the Riegle Community Development and Regulatory
Improvement Act of 1994 (subtitle A of title I of Public Law 103-325),
including services authorized by section 3109 of title 5, United States
Code, but at rates for individuals not to exceed the per diem rate
equivalent to the rate for EX-III, $324,000,000. Of the amount
appropriated under this heading--
(1) not less than $188,000,000, notwithstanding section
108(e) of Public Law 103-325 (12 U.S.C. 4707(e)) with regard to
Small and/or Emerging Community Development Financial
Institutions Assistance awards, is available until September
30, 2027, for financial assistance and technical assistance
under subparagraphs (A) and (B) of section 108(a)(1),
respectively, of Public Law 103-325 (12 U.S.C. 4707(a)(1)(A)
and (B)), of which up to $1,600,000 may be available for
training and outreach under section 109 of Public Law 103-325
(12 U.S.C. 4708), of which up to $3,153,750 may be used for the
cost of direct loans, of which up to $10,000,000,
notwithstanding subsection (d) of section 108 of Public Law
103-325 (12 U.S.C. 4707(d)), may be available to provide
financial assistance, technical assistance, training, and
outreach to community development financial institutions to
expand investments that benefit individuals with disabilities,
and of which up to $2,000,000 shall be for the Economic
Mobility Corps to be operated in conjunction with the
Corporation for National and Community Service, pursuant to 42
U.S.C. 12571: Provided, That the cost of direct and guaranteed
loans, including the cost of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of 1974:
Provided further, That these funds are available to subsidize
gross obligations for the principal amount of direct loans not
to exceed $25,000,000: Provided further, That of the funds
provided under this paragraph, excluding those made to
community development financial institutions to expand
investments that benefit individuals with disabilities and
those made to community development financial institutions that
serve populations living in persistent poverty counties, the
CDFI Fund shall prioritize Financial Assistance awards to
organizations that invest and lend in high-poverty areas:
Provided further, That for purposes of this section, the term
``high-poverty area'' means any census tract with a poverty
rate of at least 20 percent as measured by the 2016-2020 5-year
data series available from the American Community Survey of the
Bureau of the Census for all States and Puerto Rico or with a
poverty rate of at least 20 percent as measured by the 2020
Island areas Decennial Census data for any territory or
possession of the United States;
(2) not less than $28,000,000, notwithstanding section
108(e) of Public Law 103-325 (12 U.S.C. 4707(e)), is available
until September 30, 2027, for financial assistance, technical
assistance, training, and outreach programs designed to benefit
Native American, Native Hawaiian, and Alaska Native communities
and provided primarily through qualified community development
lender organizations with experience and expertise in community
development banking and lending in Indian country, Native
American organizations, Tribes and Tribal organizations, and
other suitable providers;
(3) not less than $40,000,000 is available until September
30, 2027, for the Bank Enterprise Award program;
(4) not less than $24,000,000, notwithstanding subsections
d
and (e) of section 108 of Public Law 103-325 (12 U.S.C.
4707(d) and (e)), is available until September 30, 2027, for a
Healthy Food Financing Initiative to provide financial
assistance, technical assistance, training, and outreach to
community development financial institutions for the purpose of
offering affordable financing and technical assistance to
expand the availability of healthy food options in distressed
communities;
(5) not less than $9,000,000 is available until September
30, 2027, to provide grants for loan loss reserve funds and to
provide technical assistance for small dollar loan programs
under section 122 of Public Law 103-325 (12 U.S.C. 4719):
Provided, That sections 108(d) and 122(b)(2) of such Public Law
shall not apply to the provision of such grants and technical
assistance;
(6) not less than $35,000,000 is available for
administrative expenses, including administration of CDFI Fund
programs and the New Markets Tax Credit Program, of which not
less than $1,000,000 is for the development of tools to better
assess and inform CDFI investment performance and CDFI program
impacts, and up to $300,000 is for administrative expenses to
carry out the direct loan program; and
(7) during fiscal year 2026, none of the funds available
under this heading are available for the cost, as defined in
section 502 of the Congressional Budget Act of 1974, of
commitments to guarantee bonds and notes under section 114A of
the Riegle Community Development and Regulatory Improvement Act
of 1994 (12 U.S.C. 4713a): Provided, That commitments to
guarantee bonds and notes under such section 114A shall not
exceed $500,000,000: Provided further, That such section 114A
shall remain in effect until December 31, 2027: Provided
further, That of the funds awarded under this heading, except
those provided for the Economic Mobility Corps, not less than
10 percent shall be used for awards that support investments
that serve populations living in persistent poverty counties:
Provided further, That for the purposes of this paragraph and
paragraph (1), the term ``persistent poverty counties'' means
any county, including county equivalent areas in Puerto Rico,
that has had 20 percent or more of its population living in
poverty over the past 30 years, as measured by the 1990 and
2000 decennial censuses and the 2016-2020 5-year data series
available from the American Community Survey of the Bureau of
the Census or any other territory or possession of the United
States that has had 20 percent or more of its population living
in poverty over the past 30 years, as measured by the 1990,
2000, 2010 and 2020 Island Areas Decennial Censuses, or
equivalent data, of the Bureau of the Census.
Internal Revenue Service
taxpayer services
For necessary expenses of the Internal Revenue Service to provide
taxpayer services, including pre-filing assistance and education,
filing and account services, taxpayer advocacy services, and other
services as authorized by 5 U.S.C. 3109, at such rates as may be
determined by the Commissioner, $3,036,606,000: Provided, That not to
exceed $186,000,000 of the amounts provided under this heading shall
remain available until September 30, 2027, of which not less than
$12,000,000 shall be for the Tax Counseling for the Elderly Program;
not less than $28,000,000 shall be available for low-income taxpayer
clinic grants, including grants to individual clinics of up to
$200,000; and not less than $46,000,000 shall be available for the
Community Volunteer Income Tax Assistance Matching Grants Program for
tax return preparation assistance: Provided further, That not less
than $271,200,000 of the amounts provided under this heading shall be
available for operating expenses of the Taxpayer Advocate Service, of
which not less than $7,000,000 shall be for identity theft and refund
fraud casework.
enforcement
For necessary expenses for tax enforcement activities of the
Internal Revenue Service to determine and collect owed taxes, to
provide legal and litigation support, to conduct criminal
investigations, to enforce criminal statutes related to violations of
internal revenue laws and other financial crimes, to purchase and hire
passenger motor vehicles (31 U.S.C. 1343(b)), and to provide other
services as authorized by 5 U.S.C. 3109, at such rates as may be
determined by the Commissioner, $4,999,000,000; of which not to exceed
$250,000,000 shall remain available until September 30, 2027; of which
not less than $60,257,000 shall be for the Interagency Crime and Drug
Enforcement program; and of which not to exceed $35,000,000 shall be
for investigative technology for the Criminal Investigation Division:
Provided, That the amount made available for investigative technology
for the Criminal Investigation Division shall be in addition to amounts
made available for the Criminal Investigation Division under the
``Technology and Operations Support'' heading.
technology and operations support
For necessary expenses to operate the Internal Revenue Service to
support taxpayer services and enforcement programs, including rent
payments; facilities services; printing; postage; physical security;
headquarters and other IRS-wide administration activities; research and
statistics of income; telecommunications; information technology
development, enhancement, operations, maintenance and security; the
hire of passenger motor vehicles (31 U.S.C. 1343(b)); the operations of
the Internal Revenue Service Oversight Board; and other services as
authorized by 5 U.S.C. 3109, at such rates as may be determined by the
Commissioner; $3,159,759,000, of which not to exceed $275,000,000 shall
remain available until September 30, 2027; of which not to exceed
$10,000,000 shall remain available until expended for acquisition of
equipment and construction, repair and renovation of facilities; of
which not to exceed $1,000,000 shall remain available until September
30, 2028, for research; and of which not to exceed $20,000 shall be for
official reception and representation expenses: Provided, That not
later than 30 days after the end of each quarter, the Internal Revenue
Service shall submit a report to the Committees on Appropriations of
the House of Representatives and the Senate, the Treasury Inspector
General for Tax Administration, and the Comptroller General of the
United States detailing each major investment in the Internal Revenue
Service's information technology portfolio, including projection
management dashboard; short, plain language summaries describing the
investment's planned total expenditures, development start and end
dates, schedule of deliverables between the start and end dates, scope,
and results; the actual deliverables, expenditures, and results from
the prior quarter; the estimated deliverables, expenditures, and
results for the upcoming quarter; risks and mitigation strategies
associated with ongoing work; reasons for any cost or schedule
variances and any planned cost, schedule, and scope as a consequence;
and the cumulative and annual costs since the start date, estimated
total and annual operation and maintenance costs, and an explanation of
how the investment fulfills the Internal Revenue Service's information
technology objectives and goals: Provided further, That the Internal
Revenue Service shall include, in its budget justification for fiscal
year 2027, a summary of cost and schedule performance information for
its major information technology systems.
administrative provisions--internal revenue service
(including transfer of funds)
Sec. 101. Not to exceed 5 percent of any funds made available to
the Internal Revenue Service in this Act or any other provision of law
may be transferred to any other Internal Revenue Service appropriation
upon the advance approval of the Committees on Appropriations of the
House of Representatives and the Senate.
Sec. 102. The Internal Revenue Service shall maintain an employee
training program, which shall include the following topics: taxpayers'
rights, dealing courteously with taxpayers, cross-cultural relations,
ethics, and the impartial application of tax law.
Sec. 103. The Internal Revenue Service shall institute and enforce
policies and procedures that will safeguard the confidentiality of
taxpayer information and protect taxpayers against identity theft.
Sec. 104. Funds made available by this or any other Act to the
Internal Revenue Service shall be available for improved facilities and
increased staffing to provide sufficient and effective 1-800 help line
service for taxpayers. The Commissioner shall continue to make
improvements to the Internal Revenue Service 1-800 help line service a
priority and allocate resources necessary to enhance the response time
to taxpayer communications, particularly with regard to victims of tax-
related crimes.
Sec. 105. The Internal Revenue Service shall issue a notice of
confirmation of any address change relating to an employer making
employment tax payments, and such notice shall be sent to both the
employer's former and new address and an officer or employee of the
Internal Revenue Service shall give special consideration to an offer-
in-compromise from a taxpayer who has been the victim of fraud by a
third party payroll tax preparer.
Sec. 106. None of the funds made available under this Act may be
used by the Internal Revenue Service to target citizens of the United
States for exercising any right guaranteed under the First Amendment to
the Constitution of the United States.
Sec. 107. None of the funds made available in this Act may be used
by the Internal Revenue Service to target groups for regulatory
scrutiny based on their ideological beliefs.
Sec. 108. None of funds made available by this Act to the Internal
Revenue Service shall be obligated or expended on conferences that do
not adhere to the procedures, verification processes, documentation
requirements, and policies issued by the Chief Financial Officer, Human
Capital Office, and Agency-Wide Shared Services as a result of the
recommendations in the report published on May 31, 2013, by the
Treasury Inspector General for Tax Administration entitled ``Review of
the August 2010 Small Business/Self-Employed Division's Conference in
Anaheim, California'' (Reference Number 2013-10-037).
Sec. 109. None of the funds made available in this Act to the
Internal Revenue Service may be obligated or expended--
(1) to make a payment to any employee under a bonus, award,
or recognition program; or
(2) under any hiring or personnel selection process with
respect to re-hiring a former employee;
unless such program or process takes into account the conduct and
Federal tax compliance of such employee or former employee.
Sec. 110. None of the funds made available by this Act may be used
in contravention of section 6103 of the Internal Revenue Code of 1986
(relating to confidentiality and disclosure of returns and return
information).
Sec. 111. The Secretary of the Treasury (or the Secretary's
delegate) may use the funds made available in this Act, subject to such
policies as the Secretary (or the Secretary's delegate) may establish,
to utilize direct hire authority to recruit and appoint qualified
applicants, without regard to any notice or preference requirements,
directly to positions in the competitive service to process backlogged
tax returns and return information.
Sec. 112. Notwithstanding section 1344 of title 31, United States
Code, funds appropriated to the Internal Revenue Service in this Act
may be used to provide passenger carrier transportation and protection
between the Commissioner of Internal Revenue's residence and place of
employment.
Administrative Provisions--Department of the Treasury
(including transfers of funds)
Sec. 113. Appropriations to the Department of the Treasury in this
Act shall be available for uniforms or allowances therefor, as
authorized by law (5 U.S.C. 5901), including maintenance, repairs, and
cleaning; purchase of insurance for official motor vehicles operated in
foreign countries; purchase of motor vehicles without regard to the
general purchase price limitations for vehicles purchased and used
overseas for the current fiscal year; entering into contracts with the
Department of State for the furnishing of health and medical services
to employees and their dependents serving in foreign countries; and
services authorized by 5 U.S.C. 3109.
Sec. 114. Not to exceed 2 percent of any appropriations in this
title made available under the headings ``Departmental Offices--
Salaries and Expenses'', ``Office of Inspector General'', ``Financial
Crimes Enforcement Network'', ``Bureau of the Fiscal Service'', and
``Alcohol and Tobacco Tax and Trade Bureau'' may be transferred between
such appropriations upon the advance approval of the Committees on
Appropriations of the House of Representatives and the Senate:
Provided, That no transfer under this section may increase or decrease
any such appropriation by more than 2 percent.
Sec. 115. Not to exceed 2 percent of any appropriation made
available in this Act to the Internal Revenue Service may be
transferred to the Treasury Inspector General for Tax Administration's
appropriation upon the advance approval of the Committees on
Appropriations of the House of Representatives and the Senate:
Provided, That no transfer may increase or decrease any such
appropriation by more than 2 percent.
Sec. 116. None of the funds appropriated in this Act or otherwise
available to the Department of the Treasury or the Bureau of Engraving
and Printing may be used to redesign the $1 Federal Reserve note.
Sec. 117. The Secretary of the Treasury may transfer funds from
the ``Bureau of the Fiscal Service--Salaries and Expenses'' to the Debt
Collection Fund as necessary to cover the costs of debt collection:
Provided, That such amounts shall be reimbursed to such salaries and
expenses account from debt collections received in the Debt Collection
Fund.
Sec. 118. None of the funds appropriated or otherwise made
available by this or any other Act may be used by the United States
Mint to construct or operate any museum without the explicit approval
of the Committees on Appropriations of the House of Representatives and
the Senate, the House Committee on Financial Services, and the Senate
Committee on Banking, Housing, and Urban Affairs.
Sec. 119. None of the funds appropriated or otherwise made
available by this or any other Act or source to the Department of the
Treasury, the Bureau of Engraving and Printing, and the United States
Mint, individually or collectively, may be used to consolidate any or
all functions of the Bureau of Engraving and Printing and the United
States Mint without the explicit approval of the House Committee on
Financial Services; the Senate Committee on Banking, Housing, and Urban
Affairs; and the Committees on Appropriations of the House of
Representatives and the Senate.
Sec. 120. Funds appropriated by this Act, or made available by the
transfer of funds in this Act, for the Department of the Treasury's
intelligence or intelligence related activities are deemed to be
specifically authorized by the Congress for purposes of section 504 of
the National Security Act of 1947 (50 U.S.C. 414) during fiscal year
2026 until the enactment of the Intelligence Authorization Act for
Fiscal Year 2026.
Sec. 121. Not to exceed $5,000 shall be made available from the
Bureau of Engraving and Printing's Industrial Revolving Fund for
necessary official reception and representation expenses.
Sec. 122. The Secretary of the Treasury shall submit a Capital
Investment Plan to the Committees on Appropriations of the House of
Representatives and the Senate not later than 30 days following the
submission of the annual budget submitted by the President: Provided,
That such Capital Investment Plan shall include capital investment
spending from all accounts within the Department of the Treasury,
including but not limited to the Department-wide Systems and Capital
Investment Programs account, Treasury Franchise Fund account, and the
Treasury Forfeiture Fund account: Provided further, That such Capital
Investment Plan shall include expenditures occurring in previous fiscal
years for each capital investment project that has not been fully
completed.
Sec. 123. During fiscal year 2026--
(1) none of the funds made available in this or any other
Act may be used by the Department of the Treasury, including
the Internal Revenue Service, to issue, revise, or finalize any
regulation, revenue ruling, or other guidance not limited to a
particular taxpayer relating to the standard which is used to
determine whether an organization is operated exclusively for
the promotion of social welfare for purposes of section
501(c)(4) of the Internal Revenue Code of 1986 (including the
proposed regulations published at 78 Fed. Reg. 71535 (November
29, 2013)); and
(2) the standard and definitions as in effect on January 1,
2010, which are used to make such determinations shall apply
after the date of the enactment of this Act for purposes of
determining status under section 501(c)(4) of such Code of
organizations created on, before, or after such date.
Sec. 124. Within 45 days after the date of enactment of this Act,
the Secretary of the Treasury shall submit an itemized report to the
Committees on Appropriations of the House of Representatives and the
Senate on the amount of total funds charged to each office by the
Franchise Fund including the amount charged for each service provided
by the Franchise Fund to each office, a detailed description of the
services, a detailed explanation of how each charge for each service is
calculated, and a description of the role customers have in governing
in the Franchise Fund.
Sec. 125. (a) Not later than 60 days after the end of each quarter,
the Office of Financial Research shall submit reports on their
activities to the Committees on Appropriations of the House of
Representatives and the Senate, the Committee on Financial Services of
the House of Representatives, and the Senate Committee on Banking,
Housing, and Urban Affairs.
b
The reports required under subsection (a) shall include--
(1) the obligations made during the previous quarter by
object class, office, and activity;
(2) the estimated obligations for the remainder of the
fiscal year by object class, office, and activity;
(3) the number of full-time equivalents within each office
during the previous quarter;
(4) the estimated number of full-time equivalents within
each office for the remainder of the fiscal year; and
(5) actions taken to achieve the goals, objectives, and
performance measures of each office.
c
At the request of any such Committees specified in subsection
a
, the Office of Financial Research shall make officials available to
testify on the contents of the reports required under subsection (a).
Sec. 126. Not to exceed 5 percent of any appropriation made
available in this Act for the Department of the Treasury may be
transferred to the Department's information technology system
modernization and working capital fund (IT WCF), as authorized by
section 1077(b)(1) of title X of division A of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91), for the
purposes specified in section 1077(b)(3) of such Act, upon the prior
approval of the Committees on Appropriations of the House of
Representatives and the Senate: Provided, That amounts transferred to
the IT WCF under this section shall remain available for obligation
through September 30, 2029.
Sec. 127. Amounts made available under section 601(f)(3) of the
Social Security Act (42 U.S.C. 801(f)(3)) shall be available for any
necessary expenses of the Department of the Treasury Office of
Inspector General with respect to section 601 of that Act, subtitle A
of title V of division N of the Consolidated Appropriations Act, 2021,
and section 3201 of the American Rescue Plan Act of 2021, in addition
to amounts otherwise available for such purposes.
Sec. 128. The Secretary of the Treasury is directed to issue a
report to Committees on Appropriations of the House of Representatives
and the Senate, the House Committee on Financial Services, and the
Senate Committee on Banking, Housing, and Urban Affairs not later than
90 days after the date of the enactment of this Act on the authorities
used to establish the Strategic Bitcoin Reserve and U.S. Digital Asset
Stockpile, the impact the reserve and/or stockpile has on the Treasury
Forfeiture Fund (TFF) including specific impacts on funding for law
enforcement and compensation for victims of crime, a description of how
Bitcoin and digital assets would appear on the Federal government's
balance sheet including on TFF monthly reports, and all third party
contractors responsible for the custody of the assets.
Sec. 129. Not later than 20 days after the date of the enactment
of this Act, and not later than 20 days after the end of the month
thereafter, the Secretary of the Treasury shall submit to the
Committees on Appropriations of the House of Representatives and the
Senate a report on the Treasury Forfeiture Fund.
This title may be cited as the ``Department of the Treasury
Appropriations Act, 2026''.
TITLE II
EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE
PRESIDENT
The White House
salaries and expenses
For necessary expenses for the White House as authorized by law,
including not to exceed $3,850,000 for services as authorized by 5
U.S.C. 3109 and 3 U.S.C. 105; subsistence expenses as authorized by 3
U.S.C. 105, which shall be expended and accounted for as provided in
that section; hire of passenger motor vehicles, and travel (not to
exceed $100,000 to be expended and accounted for as provided by 3
U.S.C. 103); and not to exceed $19,000 for official reception and
representation expenses, to be available for allocation within the
Executive Office of the President; and for necessary expenses of the
Office of Policy Development, including services as authorized by 5
U.S.C. 3109 and 3 U.S.C. 107, $78,904,000.
Executive Residence at the White House
operating expenses
For necessary expenses of the Executive Residence at the White
House, $15,453,000, to be expended and accounted for as provided by 3
U.S.C. 105, 109, 110, and 112-114.
reimbursable expenses
For the reimbursable expenses of the Executive Residence at the
White House, such sums as may be necessary: Provided, That all
reimbursable operating expenses of the Executive Residence shall be
made in accordance with the provisions of this paragraph: Provided
further, That, notwithstanding any other provision of law, such amount
for reimbursable operating expenses shall be the exclusive authority of
the Executive Residence to incur obligations and to receive offsetting
collections, for such expenses: Provided further, That the Executive
Residence shall require each person sponsoring a reimbursable political
event to pay in advance an amount equal to the estimated cost of the
event, and all such advance payments shall be credited to this account
and remain available until expended: Provided further, That the
Executive Residence shall require the national committee of the
political party of the President to maintain on deposit $25,000, to be
separately accounted for and available for expenses relating to
reimbursable political events sponsored by such committee during such
fiscal year: Provided further, That the Executive Residence shall
ensure that a written notice of any amount owed for a reimbursable
operating expense under this paragraph is submitted to the person owing
such amount within 60 days after such expense is incurred, and that
such amount is collected within 30 days after the submission of such
notice: Provided further, That the Executive Residence shall charge
interest and assess penalties and other charges on any such amount that
is not reimbursed within such 30 days, in accordance with the interest
and penalty provisions applicable to an outstanding debt on a United
States Government claim under 31 U.S.C. 3717: Provided further, That
each such amount that is reimbursed, and any accompanying interest and
charges, shall be deposited in the Treasury as miscellaneous receipts:
Provided further, That the Executive Residence shall prepare and submit
to the Committees on Appropriations of the House of Representatives and
the Senate, by not later than 90 days after the end of the fiscal year
covered by this Act, a report setting forth the reimbursable operating
expenses of the Executive Residence during the preceding fiscal year,
including the total amount of such expenses, the amount of such total
that consists of reimbursable official and ceremonial events, the
amount of such total that consists of reimbursable political events,
and the portion of each such amount that has been reimbursed as of the
date of the report: Provided further, That the Executive Residence
shall maintain a system for the tracking of expenses related to
reimbursable events within the Executive Residence that includes a
standard for the classification of any such expense as political or
nonpolitical: Provided further, That no provision of this paragraph
may be construed to exempt the Executive Residence from any other
applicable requirement of subchapter I or II of chapter 37 of title 31,
United States Code.
White House Repair and Restoration
For the repair, alteration, and improvement of the Executive
Residence at the White House pursuant to 3 U.S.C. 105(d), $2,475,000,
to remain available until expended, for required maintenance,
resolution of safety and health issues, and continued preventative
maintenance.
Council of Economic Advisers
salaries and expenses
For necessary expenses of the Council of Economic Advisers in
carrying out its functions under the Employment Act of 1946 (15 U.S.C.
1021 et seq.), $4,854,000.
National Security Council and Homeland Security Council
salaries and expenses
For necessary expenses of the National Security Council and the
Homeland Security Council, including services as authorized by 5 U.S.C.
3109, $19,000,000, of which not to exceed $10,000 shall be available
for official reception and representation expenses.
Office of Administration
salaries and expenses
For necessary expenses of the Office of Administration, including
services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 107, and hire of
passenger motor vehicles, $114,308,000, of which not to exceed
$12,800,000 shall remain available until expended for continued
modernization of information resources within the Executive Office of
the President.
In addition, $10,000,000, to remain available until expended, for
security and continuity of operations improvements for the Executive
Office of the President, in addition to other amounts otherwise
available for such purposes.
Office of Management and Budget
salaries and expenses
For necessary expenses of the Office of Management and Budget,
including hire of passenger motor vehicles and services as authorized
by 5 U.S.C. 3109, to carry out the provisions of chapter 35 of title
44, United States Code, and to prepare and submit the budget of the
United States Government, in accordance with section 1105(a) of title
31, United States Code, $129,000,000, of which not to exceed $3,000
shall be available for official representation expenses: Provided,
That none of the funds appropriated in this Act for the Office of
Management and Budget may be used for the purpose of reviewing any
agricultural marketing orders or any activities or regulations under
the provisions of the Agricultural Marketing Agreement Act of 1937 (7
U.S.C. 601 et seq.): Provided further, That none of the funds made
available for the Office of Management and Budget by this Act may be
expended for the altering of the transcript of actual testimony of
witnesses, except for testimony of officials of the Office of
Management and Budget, before the Committees on Appropriations or their
subcommittees: Provided further, That none of the funds made available
for the Office of Management and Budget by this Act may be expended for
the altering of the annual work plan developed by the Corps of
Engineers for submission to the Committees on Appropriations: Provided
further, That none of the funds provided in this or prior Acts shall be
used, directly or indirectly, by the Office of Management and Budget,
for evaluating or determining if water resource project or study
reports submitted by the Chief of Engineers acting through the
Secretary of the Army are in compliance with all applicable laws,
regulations, and requirements relevant to the Civil Works water
resource planning process: Provided further, That the Office of
Management and Budget shall have not more than 60 days in which to
perform budgetary policy reviews of water resource matters on which the
Chief of Engineers has reported: Provided further, That the Director
of the Office of Management and Budget shall notify the appropriate
authorizing and appropriating committees when the 60-day review is
initiated: Provided further, That if water resource reports have not
been transmitted to the appropriate authorizing and appropriating
committees within 15 days after the end of the Office of Management and
Budget review period based on the notification from the Director,
Congress shall assume Office of Management and Budget concurrence with
the report and act accordingly: Provided further, That no later than
14 days after the submission of the budget of the United States
Government for fiscal year 2027, the Director of the Office of
Management and Budget shall make publicly available on a website a
tabular list for each agency that submits budget justification
materials (as defined in section 3 of the Federal Funding
Accountability and Transparency Act of 2006) that shall include, at
minimum, the name of the agency, the date on which the budget
justification materials of the agency were submitted to Congress, and a
uniform resource locator where the budget justification materials are
published on the website of the agency.
Office of the National Cyber Director
salaries and expenses
For necessary expenses of the Office of the National Cyber
Director, as authorized by section 1752 of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year 2021
(Public Law 116-283), $20,000,000, of which not to exceed $5,000 shall
be available for official reception and representation expenses.
Office of National Drug Control Policy
salaries and expenses
For necessary expenses of the Office of National Drug Control
Policy; for research activities pursuant to the Office of National Drug
Control Policy Reauthorization Act of 1998, as amended; not to exceed
$10,000 for official reception and representation expenses; and for
participation in joint projects or in the provision of services on
matters of mutual interest with nonprofit, research, or public
organizations or agencies, with or without reimbursement, $21,785,000:
Provided, That the Office is authorized to accept, hold, administer,
and utilize gifts, both real and personal, public and private, without
fiscal year limitation, for the purpose of aiding or facilitating the
work of the Office.
federal drug control programs
high intensity drug trafficking areas program
(including transfers of funds)
For necessary expenses of the Office of National Drug Control
Policy's High Intensity Drug Trafficking Areas Program, $298,579,000,
to remain available until September 30, 2027, for drug control
activities consistent with the approved strategy for each of the
designated High Intensity Drug Trafficking Areas (``HIDTAs''), of which
not less than 51 percent shall be transferred to State and local
entities for drug control activities and shall be obligated not later
than 120 days after enactment of this Act: Provided, That up to 49
percent may be transferred to Federal agencies and departments in
amounts determined by the Director of the Office of National Drug
Control Policy, of which up to $4,000,000 may be used for auditing
services and associated activities and $3,000,000 shall be for the
Grants Management System for use by the Office of National Drug Control
Policy: Provided further, That any unexpended funds obligated prior to
fiscal year 2024 may be used for any other approved activities of that
HIDTA, subject to reprogramming requirements: Provided further, That
each HIDTA designated as of September 30, 2025, shall be funded at not
less than the fiscal year 2025 base level, unless the Director submits
to the Committees on Appropriations of the House of Representatives and
the Senate justification for changes to those levels based on clearly
articulated priorities and published Office of National Drug Control
Policy performance measures of effectiveness: Provided further, That
the Director shall notify the Committees on Appropriations of the House
of Representatives and the Senate of the initial allocation of fiscal
year 2026 funding among HIDTAs not later than 45 days after enactment
of this Act, and shall notify the Committees of planned uses of
discretionary HIDTA funding, as determined in consultation with the
HIDTA Directors, not later than 90 days after enactment of this Act:
Provided further, That upon a determination that all or part of the
funds so transferred from this appropriation are not necessary for the
purposes provided herein and upon notification to the Committees on
Appropriations of the House of Representatives and the Senate, such
amounts may be transferred back to this appropriation.
other federal drug control programs
(including transfers of funds)
For other drug control activities authorized by the Anti-Drug Abuse
Act of 1988 and the Office of National Drug Control Policy
Reauthorization Act of 1998, as amended, $136,150,000, to remain
available until expended, which shall be available as follows:
$109,000,000 for the Drug-Free Communities Program, of which not more
than $12,780,000 is for administrative expenses, and of which
$2,500,000 shall be made available as directed by section 4 of Public
Law 107-82, as amended by section 8204 of Public Law 115-271;
$3,000,000 for drug court training and technical assistance;
$14,000,000 for anti-doping activities; up to $3,700,000 for the United
States membership dues to the World Anti-Doping Agency; $1,250,000 for
the Model Acts Program; and $5,200,000 for activities authorized by
section 103 of Public Law 114-198: Provided, That amounts made
available under this heading may be transferred to other Federal
departments and agencies to carry out such activities: Provided
further, That the Director of the Office of National Drug Control
Policy shall, not fewer than 30 days prior to obligating funds under
this heading for United States membership dues to the World Anti-Doping
Agency, submit to the Committees on Appropriations of the House of
Representatives and the Senate a spending plan and explanation of the
proposed uses of these funds: Provided further, That such plan shall
include the results of an audit of the World Anti-Doping Agency to be
conducted by external anti-doping experts and experienced independent
auditors that demonstrate the World Anti-Doping Agency's Executive
Committee and Foundation are operating consistent with their duties.
Unanticipated Needs
For expenses necessary to enable the President to meet
unanticipated needs, in furtherance of the national interest, security,
or defense which may arise at home or abroad during the current fiscal
year, as authorized by 3 U.S.C. 108, $990,000, to remain available
until September 30, 2027.
Information Technology Oversight and Reform
For necessary expenses for the furtherance of integrated,
efficient, secure, and effective uses of information technology in the
Federal Government, $8,000,000, to remain available until expended.
Special Assistance to the President
salaries and expenses
For necessary expenses to enable the Vice President to provide
assistance to the President in connection with specially assigned
functions; services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 106,
including subsistence expenses as authorized by 3 U.S.C. 106, which
shall be expended and accounted for as provided in that section; and
hire of passenger motor vehicles, $6,015,000.
Official Residence of the Vice President
operating expenses
(including transfer of funds)
For the care, operation, refurnishing, improvement, and to the
extent not otherwise provided for, heating and lighting, including
electric power and fixtures, of the official residence of the Vice
President; the hire of passenger motor vehicles; and not to exceed
$90,000 pursuant to 3 U.S.C. 106(b)(2), $318,000: Provided, That
advances, repayments, or transfers from this appropriation may be made
to any department or agency for expenses of carrying out such
activities.
Administrative Provisions--Executive Office of the President and Funds
Appropriated to the President
(including transfer of funds)
Sec. 201. From funds made available in this Act under the headings
``The White House'', ``Executive Residence at the White House'',
``White House Repair and Restoration'', ``Council of Economic
Advisers'', ``National Security Council and Homeland Security
Council'', ``Office of Administration'', ``Special Assistance to the
President'', and ``Official Residence of the Vice President'', the
Director of the Office of Management and Budget (or such other officer
as the President may designate in writing) may, with advance approval
of the Committees on Appropriations of the House of Representatives and
the Senate, transfer not to exceed 10 percent of any such appropriation
to any other such appropriation, to be merged with and available for
the same time and for the same purposes as the appropriation to which
transferred: Provided, That the amount of an appropriation shall not
be increased by more than 50 percent by such transfers: Provided
further, That no amount shall be transferred from ``Special Assistance
to the President'' or ``Official Residence of the Vice President''
without the approval of the Vice President.
Sec. 202. (a) During fiscal year 2026, any Executive order or
Presidential memorandum issued or revoked by the President shall be
accompanied by a written statement from the Director of the Office of
Management and Budget on the budgetary impact, including costs,
benefits, and revenues, of such order or memorandum.
b
Any such statement shall include--
(1) a narrative summary of the budgetary impact of such
order or memorandum on the Federal Government;
(2) the impact on mandatory and discretionary obligations
and outlays as the result of such order or memorandum, listed
by Federal agency, for each year in the 5-fiscal-year period
beginning in fiscal year 2026; and
(3) the impact on revenues of the Federal Government as the
result of such order or memorandum over the 5-fiscal-year
period beginning in fiscal year 2026.
c
If an Executive order or Presidential memorandum is issued
during fiscal year 2026 due to a national emergency, the Director of
the Office of Management and Budget may issue the statement required by
subsection (a) not later than 15 days after the date that such order or
memorandum is issued.
d
The requirement for cost estimates for Presidential memoranda
shall only apply for Presidential memoranda estimated to have a
regulatory cost in excess of $100,000,000.
Sec. 203. Not later than 30 days after the date of enactment of
this Act, the Director of the Office of Management and Budget shall
issue a memorandum to all Federal departments, agencies, and
corporations directing compliance with the provisions in title VII of
this Act.
Sec. 204. For an additional amount for ``Office of National Drug
Control Policy, Salaries and Expenses'', $7,071,000, which shall be for
initiatives in the amounts and for the projects specified in the table
that appears under the heading ``Administrative Provisions--Executive
Office of the President and Funds Appropriated to the President'' in
the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act): Provided, That none of
the funds made available by this section may be transferred for any
other purpose.
This title may be cited as the ``Executive Office of the President
Appropriations Act, 2026''.
TITLE III
THE JUDICIARY
Supreme Court of the United States
salaries and expenses
For expenses necessary for the operation of the Supreme Court, as
required by law, excluding care of the building and grounds, including
purchase and hire of passenger motor vehicles as authorized by 31
U.S.C. 1343 and 1344; not to exceed $10,000 for official reception and
representation expenses; and for miscellaneous expenses, to be expended
as the Chief Justice may approve, $135,127,000, of which $1,500,000
shall remain available until expended.
In addition, there are appropriated such sums as may be necessary
under current law for the salaries of the chief justice and associate
justices of the court.
care of the building and grounds
For such expenditures as may be necessary to enable the Architect
of the Capitol to carry out the duties imposed upon the Architect by 40
U.S.C. 6111 and 6112 under the direction of the Chief Justice,
$11,437,000, to remain available until expended.
United States Court of Appeals for the Federal Circuit
salaries and expenses
For salaries of officers and employees, and for necessary expenses
of the court, as authorized by law, $36,735,000.
In addition, there are appropriated such sums as may be necessary
under current law for the salaries of the chief judge and judges of the
court.
United States Court of International Trade
salaries and expenses
For salaries of officers and employees of the court, services, and
necessary expenses of the court, as authorized by law, $22,437,000.
In addition, there are appropriated such sums as may be necessary
under current law for the salaries of the chief judge and judges of the
court.
Courts of Appeals, District Courts, and Other Judicial Services
salaries and expenses
For the salaries of judges of the United States Court of Federal
Claims, magistrate judges, and all other officers and employees of the
Federal Judiciary not otherwise specifically provided for, necessary
expenses of the courts, and the purchase, rental, repair, and cleaning
of uniforms for Probation and Pretrial Services Office staff, as
authorized by law, $6,127,055,000 (including the purchase of firearms
and ammunition); of which not to exceed $27,817,000 shall remain
available until expended for space alteration projects and for
furniture and furnishings related to new space alteration and
construction projects.
In addition, there are appropriated such sums as may be necessary
under current law for the salaries of circuit and district judges
(including judges of the territorial courts of the United States),
bankruptcy judges, and justices and judges retired from office or from
regular active service.
In addition, for reimbursement of expenses of the United States
Court of Federal Claims associated with processing cases under the
National Childhood Vaccine Injury Act of 1986 (Public Law 99-660),
$12,109,000, to be appropriated from the Vaccine Injury Compensation
Trust Fund to remain available until expended.
defender services
For the operation of Federal Defender organizations; the
compensation and reimbursement of expenses of attorneys appointed to
represent persons under 18 U.S.C. 3006A and 3599, and for the
compensation and reimbursement of expenses of persons furnishing
investigative, expert, and other services for such representations as
authorized by law; the compensation (in accordance with the maximums
under 18 U.S.C. 3006A) and reimbursement of expenses of attorneys
appointed to assist the court in criminal cases where the defendant has
waived representation by counsel; the compensation and reimbursement of
expenses of attorneys appointed to represent jurors in civil actions
for the protection of their employment, as authorized by 28 U.S.C.
1875(d)(1); the compensation and reimbursement of expenses of attorneys
appointed under 18 U.S.C. 983(b)(1) in connection with certain judicial
civil forfeiture proceedings; the compensation and reimbursement of
travel expenses of guardians ad litem appointed under 18 U.S.C.
4100(b); and for necessary training and general administrative
expenses, $1,766,010,000, to remain available until expended.
fees of jurors and commissioners
For fees and expenses of jurors as authorized by 28 U.S.C. 1871 and
1876; compensation of jury commissioners as authorized by 28 U.S.C.
1863; and compensation of commissioners appointed in condemnation cases
pursuant to rule 71.1(h) of the Federal Rules of Civil Procedure (28
U.S.C. Appendix Rule 71.1(h)), $19,108,000, to remain available until
expended: Provided, That the compensation of land commissioners shall
not exceed the daily equivalent of the highest rate payable under 5
U.S.C. 5332.
court security
(including transfer of funds)
For necessary expenses, not otherwise provided for, incident to the
provision of protective guard services for United States courthouses
and other facilities housing Federal court or Administrative Office of
the United States Courts operations, the procurement, installation, and
maintenance of security systems and equipment for United States
courthouses and other facilities housing Federal court or
Administrative Office of the United States Courts operations, building
ingress-egress control, inspection of mail and packages, directed
security patrols, perimeter security, basic security services provided
by the Federal Protective Service, and other similar activities as
authorized by section 1010 of the Judicial Improvement and Access to
Justice Act (Public Law 100-702), $892,032,000, of which not to exceed
$20,000,000 shall remain available until expended, to be expended
directly or transferred to the United States Marshals Service, which
shall be responsible for administering the Judicial Facility Security
Program consistent with standards or guidelines agreed to by the
Director of the Administrative Office of the United States Courts and
the Attorney General: Provided, That funds made available under this
heading may be used for managing a Judiciary-wide program to facilitate
security and emergency management services among the Judiciary, United
States Marshals Service, Federal Protective Service, General Services
Administration, other Federal agencies, state and local governments and
the public; and for purposes authorized by the Daniel Anderl Judicial
Security and Privacy Act of 2022 (Public Law 117-263, division C, title
LIX, subtitle D) and 28 U.S.C. 604(a)(24).
Administrative Office of the United States Courts
salaries and expenses
For necessary expenses of the Administrative Office of the United
States Courts as authorized by law, including travel as authorized by
31 U.S.C. 1345, hire of a passenger motor vehicle as authorized by 31
U.S.C. 1343(b), advertising and rent in the District of Columbia and
elsewhere, $106,953,000, of which not to exceed $8,500 is authorized
for official reception and representation expenses.
Federal Judicial Center
salaries and expenses
For necessary expenses of the Federal Judicial Center, as
authorized by Public Law 90-219, $35,121,000; of which $1,800,000 shall
remain available through September 30, 2027, to provide education and
training to Federal court personnel; and of which not to exceed $1,500
is authorized for official reception and representation expenses.
United States Sentencing Commission
salaries and expenses
For the salaries and expenses necessary to carry out the provisions
of chapter 58 of title 28, United States Code, $22,677,000, of which
not to exceed $1,000 is authorized for official reception and
representation expenses.
Administrative Provisions--The Judiciary
(including transfer of funds)
Sec. 301. Appropriations and authorizations made in this title
which are available for salaries and expenses shall be available for
services as authorized by 5 U.S.C. 3109.
Sec. 302. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Judiciary in this Act may
be transferred between such appropriations, but no such appropriation,
except ``Courts of Appeals, District Courts, and Other Judicial
Services, Defender Services'' and ``Courts of Appeals, District Courts,
and Other Judicial Services, Fees of Jurors and Commissioners'', shall
be increased by more than 10 percent by any such transfers: Provided,
That any transfer pursuant to this section shall be treated as a
reprogramming of funds under sections 604 and 608 of this Act and shall
not be available for obligation or expenditure except in compliance
with the procedures set forth in section 608.
Sec. 303. Notwithstanding any other provision of law, the salaries
and expenses appropriation for ``Courts of Appeals, District Courts,
and Other Judicial Services'' shall be available for official reception
and representation expenses of the Judicial Conference of the United
States: Provided, That such available funds shall not exceed $11,000
and shall be administered by the Director of the Administrative Office
of the United States Courts in the capacity as Secretary of the
Judicial Conference.
Sec. 304. Section 3315(a) of title 40, United States Code, shall
be applied by substituting ``Federal'' for ``executive'' each place it
appears.
Sec. 305. In accordance with 28 U.S.C. 561-569, and
notwithstanding any other provision of law, the United States Marshals
Service shall provide, for such courthouses as its Director may
designate in consultation with the Director of the Administrative
Office of the United States Courts, for purposes of a pilot program,
the security services that 40 U.S.C. 1315 authorizes the Department of
Homeland Security to provide, except for the services specified in 40
U.S.C. 1315(b)(2)(E). For building-specific security services at these
courthouses, the Director of the Administrative Office of the United
States Courts shall reimburse the United States Marshals Service rather
than the Department of Homeland Security.
This title may be cited as the ``Judiciary Appropriations Act,
2026''.
TITLE IV
DISTRICT OF COLUMBIA
Federal Funds
federal payment for resident tuition support
For a Federal payment to the District of Columbia, to be deposited
into a dedicated account, for a nationwide program to be administered
by the Mayor, for the District of Columbia resident tuition support
program established and operated under the District of Columbia College
Access Act of 1999 (sec 38-2701 et seq. D.C. Official Code),
$40,000,000, to remain available until expended: Provided, That the
awarding of such funds may be prioritized on the basis of a resident's
academic merit, the income and need of eligible students and such other
factors as may be authorized: Provided further, That the District of
Columbia government shall maintain a dedicated account for the Resident
Tuition Support Program that shall consist of the Federal funds
appropriated to the Program in this Act and any subsequent
appropriations, any unobligated balances from prior fiscal years, and
any interest earned in this or any fiscal year: Provided further, That
the account shall be under the control of the District of Columbia
Chief Financial Officer, who shall use those funds solely for the
purposes of carrying out the Resident Tuition Support Program:
Provided further, That the Office of the Chief Financial Officer shall
provide a quarterly financial report to the Committees on
Appropriations of the House of Representatives and the Senate for these
funds showing, by object class, the expenditures made and the purpose
therefor.
federal payment for emergency planning and security costs in the
district of columbia
For a Federal payment of necessary expenses, as determined by the
Mayor of the District of Columbia in written consultation with the
elected county or city officials of surrounding jurisdictions,
$90,000,000, to remain available until expended, for the costs of
providing public safety at events related to the presence of the
National Capital in the District of Columbia, including support
requested by the Director of the United States Secret Service in
carrying out protective duties under the direction of the Secretary of
Homeland Security, and for the costs of providing support to respond to
immediate and specific terrorist threats or attacks in the District of
Columbia or surrounding jurisdictions: Provided, That not later than
90 days after the last day of each quarter, the District of Columbia
Chief Budget Officer shall submit to the Committees on Appropriations
of the House of Representatives and the Senate a quarterly budget
report that includes total obligations of the Emergency Planning and
Security Costs for that quarter, broken down by each Federal and
District government agency, activity and purpose charged to the federal
payment account and a quarterly estimates report that accounts for
upcoming federal activities.
federal payment to the district of columbia courts
For salaries and expenses for the District of Columbia Courts,
including the transfer and hire of motor vehicles, $292,068,000 to be
allocated as follows: for the District of Columbia Court of Appeals,
$15,747,000, of which not to exceed $2,500 is for official reception
and representation expenses; for the Superior Court of the District of
Columbia, $149,349,000, of which not to exceed $2,500 is for official
reception and representation expenses; for the District of Columbia
Court System, $97,720,000, of which not to exceed $2,500 is for
official reception and representation expenses; and $29,252,000, to
remain available until September 30, 2027, for capital improvements for
District of Columbia courthouse facilities: Provided, That funds made
available for capital improvements shall be expended consistent with
the District of Columbia Courts master plan study and facilities
condition assessment: Provided further, That, in addition to the
amounts appropriated herein, fees received by the District of Columbia
Courts for administering bar examinations and processing District of
Columbia bar admissions may be retained and credited to this
appropriation, to remain available until expended, for salaries and
expenses associated with such activities, notwithstanding section 450
of the District of Columbia Home Rule Act (D.C. Official Code, sec. 1-
204.50): Provided further, That notwithstanding any other provision of
law, all amounts under this heading shall be apportioned quarterly by
the Office of Management and Budget and obligated and expended in the
same manner as funds appropriated for salaries and expenses of other
Federal agencies: Provided further, That 30 days after providing
written notice to the Committees on Appropriations of the House of
Representatives and the Senate, the District of Columbia Courts may
reallocate not more than $9,000,000 of the funds provided under this
heading among the items and entities funded under this heading:
Provided further, That the Joint Committee on Judicial Administration
in the District of Columbia may, by regulation, establish a program
substantially similar to the program set forth in subchapter II of
chapter 35 of title 5, United States Code, for employees of the
District of Columbia Courts.
federal payment for defender services in district of columbia courts
For payments authorized under section 11-2604 and section 11-2605,
D.C. Official Code (relating to representation provided under the
District of Columbia Criminal Justice Act), payments for counsel
appointed in proceedings in the Family Court of the Superior Court of
the District of Columbia under chapter 23 of title 16, D.C. Official
Code, or pursuant to contractual agreements to provide guardian ad
litem representation, training, technical assistance, and such other
services as are necessary to improve the quality of guardian ad litem
representation, payments for counsel appointed in adoption proceedings
under chapter 3 of title 16, D.C. Official Code, and payments
authorized under section 21-2060, D.C. Official Code (relating to
services provided under the District of Columbia Guardianship,
Protective Proceedings, and Durable Power of Attorney Act of 1986),
$46,005,000, to remain available until expended: Provided, That funds
provided under this heading shall be administered by the Joint
Committee on Judicial Administration in the District of Columbia:
Provided further, That notwithstanding any other provision of law, this
appropriation shall be apportioned quarterly by the Office of
Management and Budget and obligated and expended in the same manner as
funds appropriated for expenses of other Federal agencies.
federal payment to the court services and offender supervision agency
for the district of columbia
For salaries and expenses, including the transfer and hire of motor
vehicles, of the Court Services and Offender Supervision Agency for the
District of Columbia, as authorized by the National Capital
Revitalization and Self-Government Improvement Act of 1997,
$287,017,000, of which not to exceed $2,000 is for official reception
and representation expenses related to Community Supervision and
Pretrial Services Agency programs, and of which not to exceed $35,000
is for dues and assessments relating to the implementation of the Court
Services and Offender Supervision Agency Interstate Supervision Act of
2002: Provided, That, of the funds appropriated under this heading,
$203,542,000 shall be for necessary expenses of Community Supervision
and Sex Offender Registration, to include expenses relating to the
monitoring of adults subject to protection orders or the provision of
services for or related to such persons: Provided further, That, of
the funds appropriated under this heading, $83,475,000 shall be
available to the Pretrial Services Agency: Provided further, That
notwithstanding any other provision of law, all amounts under this
heading shall be apportioned quarterly by the Office of Management and
Budget and obligated and expended in the same manner as funds
appropriated for salaries and expenses of other Federal agencies:
Provided further, That amounts under this heading may be used for
programmatic incentives for defendants to successfully complete their
terms of supervision.
federal payment to the district of columbia public defender service
For salaries and expenses, including the transfer and hire of motor
vehicles, of the District of Columbia Public Defender Service, as
authorized by the National Capital Revitalization and Self-Government
Improvement Act of 1997, $53,629,000: Provided, That notwithstanding
any other provision of law, all amounts under this heading shall be
apportioned quarterly by the Office of Management and Budget and
obligated and expended in the same manner as funds appropriated for
salaries and expenses of Federal agencies: Provided further, That the
District of Columbia Public Defender Service may establish for
employees of the District of Columbia Public Defender Service a program
substantially similar to the program set forth in subchapter II of
chapter 35 of title 5, United States Code, except that the maximum
amount of the payment made under the program to any individual may not
exceed the amount referred to in section 3523(b)(3)(B) of title 5,
United States Code: Provided further, That for the purposes of
engaging with, and receiving services from, Federal Franchise Fund
Programs established in accordance with section 403 of the Government
Management Reform Act of 1994, as amended, the District of Columbia
Public Defender Service shall be considered an agency of the United
States Government: Provided further, That the District of Columbia
Public Defender Service may enter into contracts for the procurement of
severable services and multiyear contracts for the acquisition of
property and services to the same extent and under the same conditions
as an executive agency under sections 3902 and 3903 of title 41, United
States Code.
federal payment to the criminal justice coordinating council
For a Federal payment to the Criminal Justice Coordinating Council,
$3,451,000, to remain available until expended, to support initiatives
related to the coordination of Federal and local criminal justice
resources in the District of Columbia.
federal payment for judicial commissions
For a Federal payment, to remain available until September 30,
2027, to the Commission on Judicial Disabilities and Tenure, $330,000,
and for the Judicial Nomination Commission, $300,000.
federal payment for school improvement
For a Federal payment for a school improvement program in the
District of Columbia, $52,500,000, to remain available until expended,
for payments authorized under the Scholarships for Opportunity and
Results Act (division C of Public Law 112-10): Provided, That, to the
extent that funds are available for opportunity scholarships and
following the priorities included in section 3006 of such Act, the
Secretary of Education shall make scholarships available to students
eligible under section 3013(3) of such Act (Public Law 112-10; 125
Stat. 211) including students who were not offered a scholarship during
any previous school year: Provided further, That within funds provided
for opportunity scholarships, up to $1,750,000 shall be for the
activities specified in sections 3007(b) through 3007(d) of the Act.
federal payment for the district of columbia national guard
For a Federal payment to the District of Columbia National Guard,
$600,000, to remain available until expended for the Major General
David F. Wherley, Jr. District of Columbia National Guard Retention and
College Access Program.
federal payment for testing and treatment of hiv/aids
For a Federal payment to the District of Columbia for the testing
of individuals for, and the treatment of individuals with, human
immunodeficiency virus and acquired immunodeficiency syndrome in the
District of Columbia, $4,000,000.
federal payment to the district of columbia water and sewer authority
For a Federal payment to the District of Columbia Water and Sewer
Authority, $8,000,000, to remain available until expended, to continue
implementation of the Combined Sewer Overflow Long-Term Plan:
Provided, That the District of Columbia Water and Sewer Authority
provides a 100 percent match for this payment.
District of Columbia Funds
Local funds are appropriated for the District of Columbia for the
current fiscal year out of the General Fund of the District of Columbia
(``General Fund'') for programs and activities set forth in the Fiscal
Year 2026 Local Budget Act of 2025 (D.C. Law 26-51) and at rates set
forth under such Act, as amended as of the date of enactment of this
Act: Provided, That notwithstanding any other provision of law, except
as provided in section 450A of the District of Columbia Home Rule Act
(section 1-204.50a, D.C. Official Code), sections 816 and 817 of the
Financial Services and General Government Appropriations Act, 2009
(secs. 47-369.01 and 47-369.02, D.C. Official Code), and provisions of
this Act, the total amount appropriated in this Act for operating
expenses for the District of Columbia for fiscal year 2026 under this
heading shall not exceed the estimates included in the Fiscal Year 2026
Local Budget Act of 2025, as amended as of the date of enactment of
this Act or the sum of the total revenues of the District of Columbia
for such fiscal year: Provided further, That the amount appropriated
may be increased by proceeds of one-time transactions, which are
expended for emergency or unanticipated operating or capital needs:
Provided further, That such increases shall be approved by enactment of
local District law and shall comply with all reserve requirements
contained in the District of Columbia Home Rule Act: Provided further,
That the Chief Financial Officer of the District of Columbia shall take
such steps as are necessary to assure that the District of Columbia
meets these requirements, including the apportioning by the Chief
Financial Officer of the appropriations and funds made available to the
District during fiscal year 2026, except that the Chief Financial
Officer may not reprogram for operating expenses any funds derived from
bonds, notes, or other obligations issued for capital projects.
This title may be cited as the ``District of Columbia
Appropriations Act, 2026''.
TITLE V
INDEPENDENT AGENCIES
Administrative Conference of the United States
salaries and expenses
For necessary expenses of the Administrative Conference of the
United States, authorized by 5 U.S.C. 591 et seq., $3,430,000, to
remain available until September 30, 2027, of which not to exceed
$1,000 is for official reception and representation expenses.
Commodity Futures Trading Commission
salaries and expenses
(including transfer of funds)
For necessary expenses to carry out the provisions of the Commodity
Exchange Act (7 U.S.C. 1 et seq.), including the purchase and hire of
passenger motor vehicles, and the rental of space (to include multiple
year leases), in the District of Columbia and elsewhere, $365,000,000,
including not to exceed $3,000 for official reception and
representation expenses, and not to exceed $25,000 for the expenses for
consultations and meetings hosted by the Commission with foreign
governmental and other regulatory officials, of which not less than
$80,000,000 shall remain available until September 30, 2028, and of
which not less than $5,773,000 shall be for expenses of the Office of
the Inspector General: Provided, That notwithstanding the limitations
in 31 U.S.C. 1553, amounts provided under this heading are available
for the liquidation of obligations equal to current year payments on
leases entered into prior to the date of enactment of this Act:
Provided further, That for the purpose of recording and liquidating any
lease obligations that should have been recorded and liquidated against
accounts closed pursuant to 31 U.S.C. 1552, and consistent with the
preceding proviso, such amounts shall be transferred to and recorded in
a no-year account in the Treasury, which has been established for the
sole purpose of recording adjustments for and liquidating such unpaid
obligations.
Consumer Product Safety Commission
salaries and expenses
For necessary expenses of the Consumer Product Safety Commission,
including hire of passenger motor vehicles, services as authorized by 5
U.S.C. 3109, but at rates for individuals not to exceed the per diem
rate equivalent to the maximum rate payable under 5 U.S.C. 5376,
purchase of nominal awards to recognize non-Federal officials'
contributions to Commission activities, and not to exceed $4,000 for
official reception and representation expenses, $150,975,000, of which
no less than $1,622,000 shall be for salaries and expenses of the
Office of the Inspector General, of which $2,500,000 shall remain
available until expended, to carry out the program, including
administrative costs, authorized by section 1405 of the Virginia Graeme
Baker Pool and Spa Safety Act (Public Law 110-140, as amended), and of
which $2,000,000 shall remain available until expended, to carry out
the program, including administrative costs, authorized by section 204
of the Nicholas and Zachary Burt Memorial Carbon Monoxide Poisoning
Prevention Act of 2022 (title II of division Q of Public Law 117-103).
administrative provisions--consumer product safety commission
Sec. 501. During fiscal year 2026, none of the amounts made
available by this Act may be used to finalize or implement the Safety
Standard for Recreational Off-Highway Vehicles published by the
Consumer Product Safety Commission in the Federal Register on November
19, 2014 (79 Fed. Reg. 68964) until after--
(1) the National Academy of Sciences, in consultation with
the National Highway Traffic Safety Administration and the
Department of Defense, completes a study to determine--
(A) the technical validity of the lateral stability
and vehicle handling requirements proposed by such
standard for purposes of reducing the risk of
Recreational Off-Highway Vehicle (referred to in this
section as ``ROV'') rollovers in the off-road
environment, including the repeatability and
reproducibility of testing for compliance with such
requirements;
(B) the number of ROV rollovers that would be
prevented if the proposed requirements were adopted;
(C) whether there is a technical basis for the
proposal to provide information on a point-of-sale
hangtag about a ROV's rollover resistance on a
progressive scale; and
(D) the effect on the utility of ROVs used by the
United States military if the proposed requirements
were adopted; and
(2) a report containing the results of the study completed
under paragraph (1) is delivered to--
(A) the Committee on Commerce, Science, and
Transportation of the Senate;
(B) the Committee on Energy and Commerce of the
House of Representatives;
(C) the Committee on Appropriations of the Senate;
and
(D) the Committee on Appropriations of the House of
Representatives.
Sec. 502. None of the funds provided may be used to promulgate,
implement, administer, or enforce any regulation issued by the U.S.
Consumer Product Safety Commission to ban gas stoves as a class of
products.
Council of the Inspectors General on Integrity and Efficiency
salaries and expenses
For necessary expenses of the Council of the Inspectors General on
Integrity and Efficiency, as established pursuant to section
11(c)(3)(B) of chapter 4 of title 5, United States Code, to utilize and
further develop the data analytics capabilities of the Pandemic
Response Accountability Committee to enhance transparency, to prevent,
detect, and remediate waste, fraud and abuse in Federal spending, and
for expenses related to enhancements to www.oversight.gov, $5,450,000,
to remain available until expended, of which $850,000 is for
enhancements to oversight.gov: Provided, That the amounts appropriated
under this heading shall be in addition to any other amounts available
to the Council of the Inspectors General on Integrity and Efficiency
under section 424 of title 5, United States Code.
Election Assistance Commission
salaries and expenses
For necessary expenses to carry out the Help America Vote Act of
2002 (Public Law 107-252), $23,860,000, of which $1,500,000 shall be
made available to the National Institute of Standards and Technology
for election reform activities authorized under the Help America Vote
Act of 2002; and of which $1,354,169 shall be for necessary expenses of
the Office of the Inspector General and of which $8,000 shall be for
official reception and representation expenses: Provided, That of the
amounts appropriated under this heading, up to $2,500,000 shall remain
available until September 30, 2027.
election security grants
Notwithstanding section 104(c)(2)(B) of the Help America Vote Act
of 2002 (52 U.S.C. 20904(c)(2)(B)), $45,000,000 is provided to the
Election Assistance Commission for necessary expenses to make payments
to States for activities to improve the administration of elections for
Federal office, including to enhance election technology and make
election security improvements, as authorized by sections 101, 103, and
104 of such Act: Provided, That for purposes of applying such
sections, the Commonwealth of the Northern Mariana Islands shall be
deemed to be a State and, for purposes of sections 101(d)(2) and 103(a)
shall be treated in the same manner as the Commonwealth of Puerto Rico,
Guam, American Samoa, and the United States Virgin Islands: Provided
further, That each reference to the ``Administrator of General
Services'' or the ``Administrator'' in sections 101 and 103 shall be
deemed to refer to the ``Election Assistance Commission'': Provided
further, That each reference to ``$5,000,000'' in section 103 shall be
deemed to refer to ``$819,000'' and each reference to ``$1,000,000'' in
section 103 shall be deemed to refer to ``$162,000'': Provided
further, That not later than two years after receiving a payment under
this heading, a State shall make available funds for such activities in
an amount equal to 20 percent of the total amount of the payment made
to the State under this heading: Provided further, That not later than
45 days after the date of enactment of this Act, the Election
Assistance Commission shall make the payments to States under this
heading: Provided further, That States shall submit quarterly
financial reports and annual progress reports: Provided further, That
of the amounts provided under this heading, $10,000,000 shall be paid
from the unobligated balances, as of the date of enactment of this Act,
in the fund established by section 9006(a) of the Internal Revenue Code
of 1986 (26 U.S.C. 9006(a)).
Federal Communications Commission
salaries and expenses
For necessary expenses of the Federal Communications Commission, as
authorized by law, including uniforms and allowances therefor, as
authorized by 5 U.S.C. 5901-5902; not to exceed $4,000 for official
reception and representation expenses; purchase and hire of motor
vehicles; special counsel fees; and services as authorized by 5 U.S.C.
3109, $416,112,000 to remain available until September 30, 2029:
Provided, That $416,112,000 of offsetting collections shall be assessed
and collected pursuant to section 9 of title I of the Communications
Act of 1934, shall be retained and used for necessary expenses and
shall remain available until September 30, 2029: Provided further,
That the sum herein appropriated shall be reduced as such offsetting
collections are received during fiscal year 2026 so as to result in a
final fiscal year 2026 appropriation estimated at $0: Provided
further, That, notwithstanding 47 U.S.C. 309(j)(8)(B), proceeds from
the use of a competitive bidding system that may be retained and made
available for obligation shall not exceed $132,681,000 for fiscal year
2026: Provided further, That, of the amount appropriated under this
heading, not less than $13,500,000 shall be for the salaries and
expenses of the Office of Inspector General.
administrative provisions--federal communications commission
Sec. 510. Section 302 of Public Law 108-494 shall be applied as if
``and ending on December 31, 2024'' were struck.
Sec. 511. None of the funds appropriated by this Act may be used
by the Federal Communications Commission to modify, amend, or change
its rules or regulations for universal service support payments to
implement the February 27, 2004, recommendations of the Federal-State
Joint Board on Universal Service regarding single connection or primary
line restrictions on universal service support payments.
Federal Deposit Insurance Corporation
office of the inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of chapter 4 of title 5, United States
Code, $48,500,000, of which $1,500,000 shall remain available until
expended, to be derived from the Deposit Insurance Fund or, only when
appropriate, the FSLIC Resolution Fund.
Federal Election Commission
salaries and expenses
For necessary expenses to carry out the provisions of the Federal
Election Campaign Act of 1971, $80,857,000, of which not to exceed
$5,000 shall be available for reception and representation expenses.
Federal Labor Relations Authority
salaries and expenses
For necessary expenses to carry out functions of the Federal Labor
Relations Authority, pursuant to Reorganization Plan Numbered 2 of
1978, and the Civil Service Reform Act of 1978, including services
authorized by 5 U.S.C. 3109, and including hire of experts and
consultants, hire of passenger motor vehicles, and including official
reception and representation expenses (not to exceed $1,500) and rental
of conference rooms in the District of Columbia and elsewhere,
$29,500,000, of which $1,271,000 shall be made available to support the
Office of the Inspector General: Provided, That public members of the
Federal Service Impasses Panel may be paid travel expenses and per diem
in lieu of subsistence as authorized by law (5 U.S.C. 5703) for persons
employed intermittently in the Government service, and compensation as
authorized by 5 U.S.C. 3109: Provided further, That, notwithstanding
31 U.S.C. 3302, funds received from fees charged to non-Federal
participants at labor-management relations conferences shall be
credited to and merged with this account, to be available without
further appropriation for the costs of carrying out these conferences.
Federal Trade Commission
salaries and expenses
For necessary expenses of the Federal Trade Commission, including
uniforms or allowances therefor, as authorized by 5 U.S.C. 5901-5902;
services as authorized by 5 U.S.C. 3109; hire of passenger motor
vehicles; and not to exceed $2,000 for official reception and
representation expenses, $383,600,000, to remain available until
expended: Provided, That not less than $2,700,000 shall be for
necessary expenses of the Office of Inspector General: Provided
further, That not to exceed $300,000 shall be available for use to
contract with a person or persons for collection services in accordance
with the terms of 31 U.S.C. 3718: Provided further, That not less than
$10,000,000 shall be available for the programs and activities
authorized by the TAKE IT DOWN Act (Public Law 119-12): Provided
further, That, notwithstanding any other provision of law, not to
exceed $310,000,000 of offsetting collections derived from fees
collected for premerger notification filings under the Hart-Scott-
Rodino Antitrust Improvements Act of 1976 (15 U.S.C. 18a), regardless
of the year of collection, shall be retained and used for necessary
expenses in this appropriation: Provided further, That,
notwithstanding any other provision of law, not to exceed $15,000,000
in offsetting collections derived from fees to implement and enforce
the Telemarketing Sales Rule, promulgated under the Telemarketing and
Consumer Fraud and Abuse Prevention Act (15 U.S.C. 6101 et seq.), shall
be credited to this account, and be retained and used for necessary
expenses in this appropriation: Provided further, That the sum herein
appropriated from the general fund shall be reduced as such offsetting
collections are received during fiscal year 2026 so as to result in a
final fiscal year 2026 appropriation from the general fund estimated at
no more than $58,600,000: Provided further, That none of the funds
made available to the Federal Trade Commission may be used to implement
subsection (e)(2)(B) of section 43 of the Federal Deposit Insurance Act
(12 U.S.C. 1831t).
General Services Administration
real property activities
federal buildings fund
limitations on availability of revenue
(including transfers of funds)
Amounts in the Fund, including revenues and collections deposited
into the Fund, shall be available for necessary expenses of real
property management and related activities not otherwise provided for,
including operation, maintenance, and protection of federally owned and
leased buildings; rental of buildings in the District of Columbia;
restoration of leased premises; moving governmental agencies (including
space adjustments and telecommunications relocation expenses) in
connection with the assignment, allocation, and transfer of space;
contractual services incident to cleaning or servicing buildings, and
moving; repair and alteration of federally owned buildings, including
grounds, approaches, and appurtenances; care and safeguarding of sites;
maintenance, preservation, demolition, and equipment; acquisition of
buildings and sites by purchase, condemnation, or as otherwise
authorized by law; acquisition of options to purchase buildings and
sites; conversion and extension of federally owned buildings;
preliminary planning and design of projects by contract or otherwise;
construction of new buildings (including equipment for such buildings);
and payment of principal, interest, and any other obligations for
public buildings acquired by installment purchase and purchase
contract; in the aggregate amount of $9,686,761,000, of which--
(1) $165,661,000 shall remain available until expended for
construction and acquisition (including funds for sites and
expenses, and associated design and construction services), in
addition to amounts otherwise provided for such purposes, as
follows:
Connecticut:
Hartford, U.S. Courthouse, $10,000,000;
Puerto Rico:
San Juan, Clemente Ruiz-Nazario U.S.
Courthouse and Federico Degetau Federal
Building, $20,000,000;
Tennessee:
Chattanooga, U.S. Courthouse, $43,500,000;
Memphis, Odell Horton Federal Building,
$1,500,000;
Washington:
Seattle, National Archives Replacement
Facility, $30,000,000; and
Environmental Remediation, $60,661,000:
Provided, That each of the foregoing limits of costs on
construction and acquisition projects may be exceeded to the
extent that savings are effected in other such projects, but
not to exceed 20 percent of the amounts included in a
transmitted prospectus, if required, unless advance approval is
obtained from the Committees on Appropriations of the House of
Representatives and the Senate of a greater amount;
(2) $933,553,000 shall remain available until expended for
repairs and alterations, including associated design and
construction services, in addition to amounts otherwise
provided for such purposes, of which--
(A) $239,000,000 is for Major Repairs and
Alterations;
(B) $479,000,000 is for Basic Repairs and
Alterations; and
(C) $215,553,000 is for Special Emphasis Programs:
Provided, That funds made available in this or any previous
Act in the Federal Buildings Fund for Repairs and Alterations
shall, for prospectus projects, be limited to the amount
identified for each project, except each project in this or any
previous Act may be increased by an amount not to exceed 20
percent unless advance approval is obtained from the Committees
on Appropriations of the House of Representatives and the
Senate of a greater amount: Provided further, That additional
projects for which prospectuses have been fully approved may be
funded under this category only if advance approval is obtained
from the Committees on Appropriations of the House of
Representatives and the Senate: Provided further, That the
amounts provided in this or any prior Act for ``Repairs and
Alterations'' may be used to fund costs associated with
implementing security improvements to buildings necessary to
meet the minimum standards for security in accordance with
current law and in compliance with the reprogramming guidelines
of the appropriate Committees of the House and Senate:
Provided further, That the difference between the funds
appropriated and expended on any projects in this or any prior
Act, under the heading ``Repairs and Alterations'', may be
transferred to ``Basic Repairs and Alterations'' or used to
fund authorized increases in prospectus projects: Provided
further, That the amount provided in this or any prior Act for
``Basic Repairs and Alterations'' may be used to pay claims
against the Government arising from any projects under the
heading ``Repairs and Alterations'' or used to fund authorized
increases in prospectus projects;
(3) $5,574,593,000 for rental of space to remain available
until expended; and
(4) $3,012,954,000 for building operations to remain
available until expended: Provided, That the total amount of
funds made available from this Fund to the General Services
Administration shall not be available for expenses of any
construction, repair, alteration and acquisition project for
which a prospectus, if required by 40 U.S.C. 3307(a), has not
been approved, except that necessary funds may be expended for
each project for required expenses for the development of a
proposed prospectus: Provided further, That funds available in
the Federal Buildings Fund may be expended for emergency
repairs when advance approval is obtained from the Committees
on Appropriations of the House of Representatives and the
Senate: Provided further, That amounts necessary to provide
reimbursable special services to other agencies under 40 U.S.C.
592(b)(2) and amounts to provide such reimbursable fencing,
lighting, guard booths, and other facilities on private or
other property not in Government ownership or control as may be
appropriate to enable the United States Secret Service to
perform its protective functions pursuant to 18 U.S.C. 3056,
shall be available from such revenues and collections:
Provided further, That revenues and collections and any other
sums accruing to this Fund during fiscal year 2026, excluding
reimbursements under 40 U.S.C. 592(b)(2), in excess of the
aggregate new obligational authority authorized for Real
Property Activities of the Federal Buildings Fund in this Act
shall remain in the Fund and shall not be available for
expenditure except as authorized in appropriations Acts.
general activities
government-wide policy
For expenses authorized by law, not otherwise provided for, for
Government-wide policy associated with the management of real and
personal property assets and certain administrative services;
Government-wide policy support responsibilities relating to
acquisition, travel, motor vehicles, information technology management,
and related technology activities; and services as authorized by 5
U.S.C. 3109; and evaluation activities as authorized by statute;
$64,000,000, of which $4,000,000 shall remain available until September
30, 2027.
operating expenses
For expenses authorized by law, not otherwise provided for, for
Government-wide activities associated with utilization and donation of
surplus personal property; disposal of real property; agency-wide
policy direction and management; and services as authorized by 5 U.S.C.
3109; $48,000,000, of which not to exceed $7,500 is for official
reception and representation expenses.
civilian board of contract appeals
For expenses authorized by law, not otherwise provided for, for the
activities associated with the Civilian Board of Contract Appeals,
$10,248,000, of which $2,000,000 shall remain available until expended.
office of inspector general
For necessary expenses of the Office of Inspector General and
services authorized by 5 U.S.C. 3109, $73,837,000: Provided, That not
to exceed $50,000 shall be available for payment for information and
detection of fraud against the Government, including payment for
recovery of stolen Government property: Provided further, That not to
exceed $2,500 shall be available for awards to employees of other
Federal agencies and private citizens in recognition of efforts and
initiatives resulting in enhanced Office of Inspector General
effectiveness.
allowances and office staff for former presidents
For carrying out the provisions of the Act of August 25, 1958 (3
U.S.C. 102 note), and Public Law 95-138, $5,353,000.
federal citizen services fund
(including transfer of funds)
For necessary expenses authorized by 40 U.S.C. 323 and 44 U.S.C.
3604; and for necessary expenses authorized by law in support of
interagency projects that enable the Federal Government to enhance its
ability to conduct activities electronically through the development
and implementation of innovative uses of information technology;
$70,000,000, to be deposited into the Federal Citizen Services Fund:
Provided, That the previous amount may be transferred to Federal
agencies to carry out the purpose of the Federal Citizen Services Fund:
Provided further, That the appropriations, revenues, reimbursements,
and collections deposited into the Fund shall be available until
expended for necessary expenses authorized by 40 U.S.C. 323 and 44
U.S.C. 3604 and for necessary expenses in support of interagency
projects that enable the Federal Government to enhance its ability to
conduct activities electronically through the development and
implementation of innovative uses of information technology in the
aggregate amount not to exceed $150,000,000: Provided further, That
appropriations, revenues, reimbursements, and collections accruing to
this Fund during fiscal year 2026 in excess of such amount shall remain
in the Fund and shall not be available for expenditure except as
authorized in appropriations Acts: Provided further, That, of the
total amount appropriated, up to $5,000,000 shall be available for
support functions and full-time hires to support activities related to
the Administration's requirements under title II of the Foundations for
Evidence-Based Policymaking Act of 2018 (Public Law 115-435): Provided
further, That the transfer authorities provided herein shall be in
addition to any other transfer authority provided in this Act.
technology modernization fund
For carrying out the purposes of the Technology Modernization Fund,
as authorized by section 1078 of subtitle G of the title X of the
National Defense Authorization Act for Fiscal Year 2018 (Public Law
115-91; 40 U.S.C. 11301 note), $5,000,000, to remain available until
expended.
asset proceeds and space management fund
For carrying out section 16(b) of the Federal Asset Sales and
Transfer Act of 2016 (40 U.S.C. 1303 note), $143,328,000, to remain
available until expended.
administrative provisions--general services administration
(including transfer of funds)
Sec. 520. Funds available to the General Services Administration
shall be available for the hire of passenger motor vehicles.
Sec. 521. Funds in the Federal Buildings Fund made available for
fiscal year 2026 for Federal Buildings Fund activities may be
transferred between such activities only to the extent necessary to
meet program requirements: Provided, That any proposed transfers shall
be approved in advance by the Committees on Appropriations of the House
of Representatives and the Senate.
Sec. 522. Except as otherwise provided in this title, funds made
available by this Act shall be used to transmit a fiscal year 2027
request for United States Courthouse construction only if the request:
(1) meets the design guide standards for construction as established
and approved by the General Services Administration, the Judicial
Conference of the United States, and the Office of Management and
Budget; (2) reflects the priorities of the Judicial Conference of the
United States as set out in its approved Courthouse Project Priorities
plan; and (3) includes a standardized courtroom utilization study of
each facility to be constructed, replaced, or expanded.
Sec. 523. None of the funds provided in this Act may be used to
increase the amount of occupiable square feet, provide cleaning
services, security enhancements, or any other service usually provided
through the Federal Buildings Fund, to any agency that does not pay the
rate per square foot assessment for space and services as determined by
the General Services Administration in consideration of the Public
Buildings Amendments Act of 1972 (Public Law 92-313).
Sec. 524. From funds made available under the heading ``Federal
Buildings Fund, Limitations on Availability of Revenue'', claims
against the Government of less than $250,000 arising from direct
construction projects and acquisition of buildings may be liquidated
from savings effected in other construction projects with prior
notification to the Committees on Appropriations of the House of
Representatives and the Senate.
Sec. 525. In any case in which the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Environment and Public Works of the Senate adopt a resolution granting
lease authority pursuant to a prospectus transmitted to Congress by the
Administrator of the General Services Administration under 40 U.S.C.
3307, the Administrator shall ensure that the delineated area of
procurement is identical to the delineated area included in the
prospectus for all lease agreements, except that, if the Administrator
determines that the delineated area of the procurement should not be
identical to the delineated area included in the prospectus, the
Administrator shall provide an explanatory statement to each of such
committees and the Committees on Appropriations of the House of
Representatives and the Senate prior to exercising any lease authority
provided in the resolution.
Sec. 526. With respect to projects funded under the heading
``Federal Citizen Services Fund'', the Administrator of General
Services shall submit a spending plan and explanation for each project
to be undertaken to the Committees on Appropriations of the House of
Representatives and the Senate not later than 60 days after the date of
enactment of this Act.
Sec. 527. For an additional amount to be deposited in the
``Federal Buildings Fund'', $23,612,000, to remain available until
expended, which shall be for initiatives related to Repairs and
Alterations, in the amounts and for the projects specified in the table
that appears under the heading ``Administrative Provisions--General
Services Administration'' in the explanatory statement described in
section 4 (in the matter preceding division A of this consolidated
Act): Provided, That if any of the projects specified in this section
experience a funding deficiency due to unforeseen cost over runs for
that project that will create a risk to project completion, the
Administrator of the General Services Administration shall immediately
notify the Committees on Appropriations of the House of Representatives
and the Senate of the amount of and the reason for such deficiency:
Provided further, That if any of the projects specified in this section
do not need all of the amounts provided for project completion, the
Administrator of the General Services Administration shall immediately
notify the Committees on Appropriations of the House of Representatives
and the Senate of the amount of and the reason that such funding that
is not needed for project completion: Provided further, That none of
the funds made available by this section may be transferred for any
other purpose.
Harry S Truman Scholarship Foundation
salaries and expenses
For payment to the Harry S Truman Scholarship Foundation Trust
Fund, established by section 10 of Public Law 93-642, $2,970,000, to
remain available until expended.
Merit Systems Protection Board
salaries and expenses
(including transfer of funds)
For necessary expenses to carry out functions of the Merit Systems
Protection Board pursuant to Reorganization Plan Numbered 2 of 1978,
the Civil Service Reform Act of 1978, and the Whistleblower Protection
Act of 1989 (5 U.S.C. 5509 note), including services as authorized by 5
U.S.C. 3109, rental of conference rooms in the District of Columbia and
elsewhere, hire of passenger motor vehicles, direct procurement of
survey printing, and not to exceed $2,000 for official reception and
representation expenses, $49,135,000, to remain available until
September 30, 2027, and in addition not to exceed $2,345,000, to remain
available until September 30, 2027, for administrative expenses to
adjudicate retirement appeals to be transferred from the Civil Service
Retirement and Disability Fund in amounts determined by the Merit
Systems Protection Board.
Morris K. Udall and Stewart L. Udall Foundation
morris k. udall and stewart l. udall trust fund
(including transfer of funds)
For payment to the Morris K. Udall and Stewart L. Udall Foundation,
pursuant to the Morris K. Udall and Stewart L. Udall Foundation Act (20
U.S.C. 5601 et seq.), $1,582,000, to remain available for direct
expenditure until September 30, 2029, of which, notwithstanding
sections 8 and 9 of such Act, up to $1,000,000 shall be available to
carry out the activities authorized by section 6(7) of Public Law 102-
259 and section 817(a) of Public Law 106-568 (20 U.S.C. 5604(7)):
Provided, That all current and previous amounts transferred to the
Office of Inspector General of the Department of the Interior will
remain available until expended for audits and investigations of the
Morris K. Udall and Stewart L. Udall Foundation, consistent with
chapter 4 of title 5, United States Code, and for annual independent
financial audits of the Morris K. Udall and Stewart L. Udall Foundation
pursuant to the Accountability of Tax Dollars Act of 2002 (Public Law
107-289): Provided further, That previous amounts transferred to the
Office of Inspector General of the Department of the Interior may be
transferred to the Morris K. Udall and Stewart L. Udall Foundation for
annual independent financial audits pursuant to the Accountability of
Tax Dollars Act of 2002 (Public Law 107-289): Provided further, That
any interest earned during fiscal year 2026 from investments made from
discretionary appropriations to the Morris K. Udall and Stewart L.
Udall Trust Fund after the date specified in 20 U.S.C. 5606(b)(1) shall
be available until expended.
environmental dispute resolution fund
For payment to the Environmental Dispute Resolution Fund to carry
out activities authorized in the Environmental Policy and Conflict
Resolution Act of 1998, $3,862,000, to remain available until September
30, 2029.
National Archives and Records Administration
operating expenses
For necessary expenses in connection with the administration of the
National Archives and Records Administration and archived Federal
records and related activities, as provided by law, and for expenses
necessary for the review and declassification of documents, the
activities of the Public Interest Declassification Board, the
operations and maintenance of the electronic records archives, the hire
of passenger motor vehicles, and for uniforms or allowances therefor,
as authorized by law (5 U.S.C. 5901), including maintenance, repairs,
and cleaning, $421,000,000, of which up to $30,000,000 shall remain
available until expended for expenses necessary to enhance the Federal
Government's ability to electronically preserve, manage, and store
Government records.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Reform Act of
2008, Public Law 110-409, 122 Stat. 4302-16 (2008), and chapter 4 of
title 5, United States Code, and for the hire of passenger motor
vehicles, $5,920,000, of which $897,000 is available until September
30, 2027.
repairs and restoration
For the repair, alteration, and improvement of archives facilities
and to provide adequate storage for holdings, $8,000,000, to remain
available until expended.
national historical publications and records commission
grants program
For necessary expenses for allocations and grants for historical
publications and records as authorized by 44 U.S.C. 2504, $5,000,000,
to remain available until September 30, 2029.
administrative provision--national archives and records administration
Sec. 530. For an additional amount for ``National Historical
Publications and Records Commission Grants Program'', $14,344,000 shall
be available until one year after the date of enactment of this Act,
which shall be for initiatives in the amounts and for the projects
specified in the table that appears under the heading ``Administrative
Provision--National Archives and Records Administration'' in the
explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act): Provided, That none of the funds
made available by this section may be transferred for any other
purpose.
National Credit Union Administration
community development revolving loan fund
For the Community Development Revolving Loan Fund program as
authorized by 42 U.S.C. 9812, 9822, and 9910, $3,465,000 shall be
available until September 30, 2027, for technical assistance to low-
income designated credit unions.
Office of Government Ethics
salaries and expenses
For necessary expenses to carry out functions of the Office of
Government Ethics pursuant to chapter 131 of title 5, United States
Code, the Ethics Reform Act of 1989, and the Representative Louise
McIntosh Slaughter Stop Trading on Congressional Knowledge Act of 2012,
including services as authorized by 5 U.S.C. 3109, rental of conference
rooms in the District of Columbia and elsewhere, hire of passenger
motor vehicles, and not to exceed $1,500 for official reception and
representation expenses, $23,037,000.
Office of Personnel Management
salaries and expenses
(including transfers of trust funds)
For necessary expenses to carry out functions of the Office of
Personnel Management (OPM) pursuant to Reorganization Plan Numbered 2
of 1978 and the Civil Service Reform Act of 1978, including services as
authorized by 5 U.S.C. 3109; medical examinations performed for
veterans by private physicians on a fee basis; rental of conference
rooms in the District of Columbia and elsewhere; hire of passenger
motor vehicles; not to exceed $2,500 for official reception and
representation expenses; and payment of per diem and/or subsistence
allowances to employees where Voting Rights Act activities require an
employee to remain overnight at his or her post of duty, $167,535,000:
Provided, That of the total amount made available under this heading,
$10,898,000 may remain available until expended, for information
technology modernization, and shall be in addition to funds otherwise
made available for such purposes; and in addition $214,605,000, for
administrative expenses, to be transferred from the appropriate trust
funds of OPM without regard to other statutes, including direct
procurement of printed materials, for the retirement and insurance
programs: Provided further, That the provisions of this appropriation
shall not affect the authority to use applicable trust funds as
provided by sections 8348(a)(1)(B), 8958(f)(2)(A), 8988(f)(2)(A), and
9004(f)(2)(A) of title 5, United States Code: Provided further, That
no part of this appropriation shall be available for salaries and
expenses of the Legal Examining Unit of OPM established pursuant to
Executive Order No. 9358 of July 1, 1943, or any successor unit of like
purpose: Provided further, That the President's Commission on White
House Fellows, established by Executive Order No. 11183 of October 3,
1964, may, during fiscal year 2026, accept donations of money,
property, and personal services: Provided further, That such
donations, including those from prior years, may be used for the
development of publicity materials to provide information about the
White House Fellows, except that no such donations shall be accepted
for travel or reimbursement of travel expenses, or for the salaries of
employees of such Commission: Provided further, That not to exceed 5
percent of amounts made available under this heading may be transferred
to an information technology working capital fund established for
purposes authorized by subtitle G of title X of division A of the
National Defense Authorization Act for Fiscal Year 2018 (Public Law
115-91; 40 U.S.C. 11301 note): Provided further, That the OPM Director
shall notify, and receive approval from, the Committees on
Appropriations of the House of Representatives and the Senate at least
15 days in advance of any transfer under the preceding proviso:
Provided further, That amounts transferred to such a fund under such
transfer authority from any organizational category of OPM shall not
exceed 5 percent of each such organizational category's budget as
identified in the report required by section 608 of this Act: Provided
further, That amounts transferred to such a fund shall remain available
for obligation through September 30, 2029.
office of inspector general
salaries and expenses
(including transfer of trust funds)
For necessary expenses of the Office of Inspector General in
carrying out the provisions of chapter 4 of title 5, United States
Code, including services as authorized by 5 U.S.C. 3109, hire of
passenger motor vehicles, $6,839,000, and in addition, not to exceed
$29,192,000 for administrative expenses to audit, investigate, and
provide other oversight of the Office of Personnel Management's
retirement and insurance programs, to be transferred from the
appropriate trust funds of the Office of Personnel Management, as
determined by the Inspector General: Provided, That the Inspector
General is authorized to rent conference rooms in the District of
Columbia and elsewhere.
Office of Special Counsel
salaries and expenses
For necessary expenses to carry out functions of the Office of
Special Counsel, including services as authorized by 5 U.S.C. 3109,
payment of fees and expenses for witnesses, rental of conference rooms
in the District of Columbia and elsewhere, and hire of passenger motor
vehicles, $31,585,000.
Privacy and Civil Liberties Oversight Board
salaries and expenses
For necessary expenses of the Privacy and Civil Liberties Oversight
Board, as authorized by section 1061 of the Intelligence Reform and
Terrorism Prevention Act of 2004 (42 U.S.C. 2000ee), $13,700,000, to
remain available until September 30, 2027.
Public Buildings Reform Board
salaries and expenses
For salaries and expenses of the Public Buildings Reform Board in
carrying out the Federal Assets Sale and Transfer Act of 2016 (Public
Law 114-287), $3,605,000, to remain available until expended.
Securities and Exchange Commission
salaries and expenses
For necessary expenses for the Securities and Exchange Commission,
including services as authorized by 5 U.S.C. 3109, the rental of space
(to include multiple year leases) in the District of Columbia and
elsewhere, and not to exceed $3,500 for official reception and
representation expenses, $2,149,000,000, to remain available until
expended; of which not less than $20,050,000 shall be for the Office of
Inspector General; of which not to exceed $275,000 shall be available
for a permanent secretariat for the International Organization of
Securities Commissions; and of which not to exceed $100,000 shall be
available for expenses for consultations and meetings hosted by the
Commission with foreign governmental and other regulatory officials,
members of their delegations and staffs to exchange views concerning
securities matters, such expenses to include necessary logistic and
administrative expenses and the expenses of Commission staff and
foreign invitees in attendance including: (1) incidental expenses such
as meals; (2) travel and transportation; and (3) related lodging or
subsistence: Provided, That any unobligated balances from funds made
available under this heading in prior Acts for replacement leases for
the Commission's headquarters and other regional office facilities may
be used for such purposes at any Commission office facility,
notwithstanding provisos in such Acts limiting use to particular office
facilities, and notwithstanding provisos in such Acts requiring that
de-obligated amounts derived from the general fund be returned to the
general fund or that de-obligated amounts derived from fees or
assessments be paid to national securities exchanges and national
securities associations in proportion to any fees or assessments paid
by such national securities exchange or national securities
association.
For purposes of calculating the fee rate under section 31(j) of the
Securities Exchange Act of 1934 (15 U.S.C. 78ee(j)) for fiscal year
2026, all amounts appropriated under this heading shall be deemed to be
the regular appropriation to the Commission for fiscal year 2026:
Provided, That fees and charges authorized by section 31 of the
Securities Exchange Act of 1934 (15 U.S.C. 78ee) shall be credited to
this account as offsetting collections: Provided further, That not to
exceed $2,149,000,000 of such offsetting collections shall be available
until expended for necessary expenses of this account: Provided
further, That the total amount appropriated under this heading from the
general fund for fiscal year 2026 shall be reduced as such offsetting
fees are received so as to result in a final total fiscal year 2026
appropriation from the general fund estimated at not more than $0.
Selective Service System
salaries and expenses
For necessary expenses of the Selective Service System, including
expenses of attendance at meetings and of training for uniformed
personnel assigned to the Selective Service System, as authorized by 5
U.S.C. 4101-4118 for civilian employees; hire of passenger motor
vehicles; services as authorized by 5 U.S.C. 3109; and not to exceed
$1,000 for official reception and representation expenses; $31,300,000:
Provided, That during the current fiscal year, the President may
exempt this appropriation from the provisions of 31 U.S.C. 1341,
whenever the President deems such action to be necessary in the
interest of national defense: Provided further, That none of the funds
appropriated by this Act may be expended for or in connection with the
induction of any person into the Armed Forces of the United States.
Small Business Administration
salaries and expenses
For necessary expenses, not otherwise provided for, of the Small
Business Administration, including hire of passenger motor vehicles as
authorized by sections 1343 and 1344 of title 31, United States Code,
and not to exceed $3,500 for official reception and representation
expenses, $323,118,000, of which not less than $12,000,000 shall be
available for examinations, reviews, and other lender oversight
activities, of which no more than $30,000,000 shall remain available
until September 30, 2027, for information technology systems and
activities, and shall be in addition to amounts otherwise available for
such purposes: Provided, That the Administrator is authorized to
charge fees to cover the cost of publications developed by the Small
Business Administration, and certain loan program activities, including
fees authorized by section 5(b) of the Small Business Act: Provided
further, That, notwithstanding 31 U.S.C. 3302, revenues received from
all such activities shall be credited to this account, to remain
available until expended, for carrying out these purposes without
further appropriations: Provided further, That the Small Business
Administration may accept gifts in an amount not to exceed $4,000,000
and may co-sponsor activities, each in accordance with section 132(a)
of division K of Public Law 108-447, during fiscal year 2026: Provided
further, That $15,500,000 shall be available for costs associated with
the certification of small business concerns owned and controlled by
veterans or service-disabled veterans under sections 36A and 36 of the
Small Business Act (15 U.S.C. 657f-1; 657f), respectively, and section
862 of Public Law 116-283, to be available until September 30, 2027:
Provided further, That not later than 180 days after the enactment of
this Act, the Small Business Administration shall submit a report to
the Committees on Appropriations of the House of Representatives and
the Senate detailing the number FTE, funding obligated, and city and
state for each district and regional office during the previous fiscal
year and the number of FTE, funding level, and city and state for the
current fiscal year for each district and regional office: Provided
further, That district offices shall collect data on the number of
constituents served each fiscal year.
entrepreneurial development programs
For necessary expenses of programs supporting entrepreneurial and
small business development, $330,000,000, of which $82,000,000 shall
remain available until September 30, 2027: Provided, That amounts made
available under this heading may not be transferred pursuant to section
540 of this Act: Provided further, That of the amount appropriated
under this heading--
(1) $150,000,000 shall be available to fund grants for
performance as authorized by section 21 of the Small Business
Act (15 U.S.C. 648), of which $30,000,000 shall remain
available until September 30, 2027;
(2) $41,000,000 shall be available for marketing,
management, and technical assistance under section 7(m)(4) of
the Small Business Act (15 U.S.C. 636(m)(4)) by intermediaries
that make microloans under the microloan program, of which
$8,200,000 shall remain available until September 30, 2027;
(3) $20,000,000, to remain available until September 30,
2027, shall be available for grants to States to carry out
export programs that assist small business concerns authorized
under section 22(l) of the Small Business Act (15 U.S.C.
649(l));
(4) $27,000,000 shall be available for the Women's Business
Center program described in section 29 of the Small Business
Act (15 U.S.C. 656), of which $5,400,000 shall remain available
until September 30, 2027;
(5) $21,400,000 shall be available for conducting outreach
to veterans, including through the Boots to Business Program
established under section 32(h) of the Small Business Act (15
U.S.C. 657b(h)) and Veteran Business Outreach Centers, of which
$4,280,000 shall remain available until September 30, 2027;
(6) $17,000,000 shall be available for the Service Corps of
Retired Executives established under section 8(b)(1)(B) of the
Small Business Act (15 U.S.C. 637(b)(1)(B)), of which
$3,400,000 shall remain available until September 30, 2027;
(7) $9,000,000 shall be available for grants and
cooperative agreements under the Federal and State Technology
Partnership Program under section 34 of the Small Business Act
(15 U.S.C. 657d), of which $1,800,000 shall remain available
until September 30, 2027;
(8) $9,000,000 shall be available for the Regional
Innovation Cluster Initiative, of which $1,800,000 shall remain
available until September 30, 2027;
(9) $7,000,000 shall be available for providing technical
assistance under the Program for Investors in
Microentrepreneurs, of which $1,400,000 shall remain available
until September 30, 2027;
(10) $9,000,000 shall be available for grants to growth
accelerators to assist entrepreneurs to start and scale their
businesses, of which $1,800,000 shall remain available until
September 30, 2027;
(11) $5,300,000 shall be available for the Office of Native
American Affairs to carry out the outreach activities for
Native American-owned small businesses, of which $1,060,000
shall remain available until September 30, 2027;
(12) $3,800,000 shall be available for financial assistance
for the program established under section 7(j) of the Small
Business Act (15 U.S.C. 636(j)), of which $760,000 shall remain
available until September 30, 2027;
(13) $4,000,000 shall be available for technical and
certification assistance for the HUBZone program established
under section 31 of the Small Business Act (15 U.S.C. 657a), of
which $800,000 shall remain available until September 30, 2027;
(14) $2,000,000 shall be available to provide
entrepreneurship education, of which $400,000 shall remain
available until September 30, 2027;
(15) $3,000,000 shall be available to make grants under the
Cybersecurity for Small Businesses Pilot Program, of which
$600,000 shall remain available until September 30, 2027; and
(16) $1,500,000 shall be available for the National Women's
Business Council established under section 405 of the Women's
Business Ownership Act of 1988 (15 U.S.C. 7105), of which
$300,000 shall remain available until September 30, 2027.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of chapter 4 of title 5, United States
Code, $37,020,000.
office of advocacy
For necessary expenses of the Office of Advocacy in carrying out
the provisions of title II of Public Law 94-305 (15 U.S.C. 634a et
seq.) and the Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et
seq.), $10,109,000, to remain available until expended.
business loans program account
(including transfer of funds)
For the cost of direct loans, $3,000,000, to remain available until
expended: Provided, That such costs, including the cost of modifying
such loans, shall be as defined in section 502 of the Congressional
Budget Act of 1974: Provided further, That subject to section 502 of
the Congressional Budget Act of 1974, during fiscal year 2026
commitments to guarantee loans under section 503 of the Small Business
Investment Act of 1958 and commitments for loans authorized under
subparagraph (C) of section 502(7) of the Small Business Investment Act
of 1958 (15 U.S.C. 696(7)) shall not exceed, in the aggregate,
$16,500,000,000: Provided further, That during fiscal year 2026
commitments for general business loans authorized under paragraphs (1)
through (35) of section 7(a) of the Small Business Act shall not exceed
$35,500,000,000 for a combination of amortizing term loans and the
aggregated maximum line of credit provided by revolving loans:
Provided further, That during fiscal year 2026 commitments to guarantee
loans for debentures under section 303(b) of the Small Business
Investment Act of 1958 shall not exceed $6,000,000,000: Provided
further, That during fiscal year 2026, guarantees of trust certificates
authorized by section 5(g) of the Small Business Act shall not exceed a
principal amount of $15,000,000,000. In addition, for administrative
expenses to carry out the direct and guaranteed loan programs,
$158,000,000, which may be transferred to and merged with the
appropriations for Salaries and Expenses.
disaster loans program account
(including transfers of funds)
To carry out the direct loan program authorized by section 7(b) of
the Small Business Act, $282,000,000, to be available until expended,
of which $1,600,000 is for the Office of Inspector General of the Small
Business Administration for audits and reviews of disaster loans and
the disaster loan programs and shall be transferred to and merged with
the appropriations for the Office of Inspector General; of which
$197,000,000 is for direct administrative expenses of loan making and
servicing to carry out the direct loan program, which may be
transferred to and merged with the appropriations for Salaries and
Expenses; of which $8,400,000 is for indirect administrative expenses
for the direct loan program, which may be transferred to and merged
with the appropriations for Salaries and Expenses; and of which
$75,000,000 is for the cost of direct loans and that such costs,
including the cost of modifying such loans, shall be as defined in
section 502 of the Congressional Budget Act of 1974: Provided, That,
of the funds provided under this heading, $250,000,000 shall be for
major disasters declared pursuant to the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5122(2)): Provided
further, That the amount for major disasters under this heading is
designated by the Congress as being for disaster relief pursuant to a
concurrent resolution on the budget.
administrative provisions--small business administration
(including transfers of funds)
Sec. 540. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Small Business
Administration in this Act may be transferred between such
appropriations, but no such appropriation shall be increased by more
than 10 percent by any such transfers: Provided, That any transfer
pursuant to this paragraph shall be treated as a reprogramming of funds
under section 608 of this Act and shall not be available for obligation
or expenditure except in compliance with the procedures set forth in
that section.
Sec. 541. Not to exceed 3 percent of any appropriation made
available in this Act for the Small Business Administration under the
headings ``Salaries and Expenses'' and ``Business Loans Program
Account'' may be transferred to the Administration's information
technology system modernization and working capital fund (IT WCF), as
authorized by section 1077(b)(1) of title X of division A of the
National Defense Authorization Act for Fiscal Year 2018, for the
purposes specified in section 1077(b)(3) of such Act, upon the advance
approval of the Committees on Appropriations of the House of
Representatives and the Senate: Provided, That amounts transferred to
the IT WCF under this section shall remain available for obligation
through September 30, 2029.
Sec. 542. For an additional amount for ``Small Business
Administration--Salaries and Expenses'', $106,862,000, which shall be
for initiatives related to small business development and
entrepreneurship, including programmatic, construction, and acquisition
activities, in the amounts and for the projects specified in the table
that appears under the heading ``Administrative Provisions--Small
Business Administration'' in the explanatory statement described in
section 4 (in the matter preceding division A of this consolidated
Act): Provided, That, notwithstanding sections 2701.92 and 2701.93 of
title 2, Code of Federal Regulations, the Administrator of the Small
Business Administration may permit awards to subrecipients for
initiatives funded under this section: Provided further, That none of
the funds made available by this section may be transferred for any
other purpose.
United States Postal Service
payment to the postal service fund
For payment to the Postal Service Fund for revenue forgone on free
and reduced rate mail, pursuant to subsections (c) and (d) of section
2401 of title 39, United States Code, $38,360,000: Provided, That mail
for overseas voting and mail for the blind shall continue to be free:
Provided further, That none of the funds made available to the Postal
Service by this Act shall be used to implement any rule, regulation, or
policy of charging any officer or employee of any State or local child
support enforcement agency, or any individual participating in a State
or local program of child support enforcement, a fee for information
requested or provided concerning an address of a postal customer:
Provided further, That none of the funds provided in this Act shall be
used to consolidate or close small rural and other small post offices:
Provided further, That the Postal Service may not destroy, and shall
continue to offer for sale, any copies of the Multinational Species
Conservation Funds Semipostal Stamp, as authorized under the
Multinational Species Conservation Funds Semipostal Stamp Act of 2010
(Public Law 111-241).
office of inspector general
salaries and expenses
(including transfer of funds)
For necessary expenses of the Office of Inspector General in
carrying out the provisions of chapter 4 of title 5, United States
Code, $274,000,000, to be derived by transfer from the Postal Service
Fund and expended as authorized by section 603(b)(3) of the Postal
Accountability and Enhancement Act (Public Law 109-435).
United States Tax Court
salaries and expenses
For necessary expenses, including contract reporting and other
services as authorized by 5 U.S.C. 3109, and not to exceed $3,000 for
official reception and representation expenses, $55,000,000, of which
$1,000,000 shall remain available until expended: Provided, That
travel expenses of the judges shall be paid upon the written
certificate of the judge.
TITLE VI
GENERAL PROVISIONS--THIS ACT
(including rescissions of funds)
Sec. 601. None of the funds in this Act shall be used for the
planning or execution of any program to pay the expenses of, or
otherwise compensate, non-Federal parties intervening in regulatory or
adjudicatory proceedings funded in this Act.
Sec. 602. None of the funds appropriated in this Act shall remain
available for obligation beyond the current fiscal year, nor may any be
transferred to other appropriations, except for transfers made pursuant
to the authority in section 3173(d) of title 40, United States Code,
unless expressly so provided herein.
Sec. 603. The expenditure of any appropriation under this Act for
any consulting service through procurement contract pursuant to 5
U.S.C. 3109, shall be limited to those contracts where such
expenditures are a matter of public record and available for public
inspection, except where otherwise provided under existing law, or
under existing Executive order issued pursuant to existing law.
Sec. 604. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government, except pursuant to a transfer made by, or transfer
authority provided in, this Act or any other appropriations Act.
Sec. 605. None of the funds made available by this Act shall be
available for any activity or for paying the salary of any Government
employee where funding an activity or paying a salary to a Government
employee would result in a decision, determination, rule, regulation,
or policy that would prohibit the enforcement of section 307 of the
Tariff Act of 1930 (19 U.S.C. 1307).
Sec. 606. No funds appropriated pursuant to this Act may be
expended by an entity unless the entity agrees that in expending the
assistance the entity will comply with chapter 83 of title 41, United
States Code.
Sec. 607. No funds appropriated or otherwise made available under
this Act shall be made available to any person or entity that has been
convicted of violating chapter 83 of title 41, United States Code.
Sec. 608. Except as otherwise provided in this Act, none of the
funds provided in this Act, provided by previous appropriations Acts to
the agencies or entities funded in this Act that remain available for
obligation or expenditure in fiscal year 2026, or provided from any
accounts in the Treasury derived by the collection of fees and
available to the agencies funded by this Act, shall be available for
obligation or expenditure through a reprogramming of funds that: (1)
creates a new program; (2) eliminates a program, project, or activity;
(3) increases funds or personnel for any program, project, or activity
for which funds have been denied or restricted by the Congress; (4)
proposes to use funds directed for a specific activity by the Committee
on Appropriations of either the House of Representatives or the Senate
for a different purpose; (5) augments existing programs, projects, or
activities in excess of $5,000,000 or 10 percent, whichever is less;
(6) reduces existing programs, projects, or activities by $5,000,000 or
10 percent, whichever is less; or (7) creates or reorganizes offices,
programs, or activities unless prior approval is received from the
Committees on Appropriations of the House of Representatives and the
Senate: Provided, That prior to any significant reorganization,
restructuring, relocation, or closing of offices, programs, or
activities, each agency or entity funded in this Act shall consult with
the Committees on Appropriations of the House of Representatives and
the Senate: Provided further, That not later than 60 days after the
date of enactment of this Act, each agency funded by this Act shall
submit a report to the Committees on Appropriations of the House of
Representatives and the Senate to establish the baseline for
application of reprogramming and transfer authorities for the current
fiscal year: Provided further, That at a minimum the report shall
include: (1) a table for each appropriation, detailing both full-time
employee equivalents and budget authority, with separate columns to
display the prior year enacted level, the President's budget request,
adjustments made by Congress, adjustments due to enacted rescissions,
if appropriate, and the fiscal year enacted level; (2) a delineation in
the table for each appropriation and its respective prior year enacted
level by object class and program, project, and activity as detailed in
this Act, in the accompanying report, or in the budget appendix for the
respective appropriation, whichever is more detailed, and which shall
apply to all items for which a dollar amount is specified and to all
programs for which new budget authority is provided, as well as to
discretionary grants and discretionary grant allocations; and (3) an
identification of items of special congressional interest: Provided
further, That the amount appropriated or limited for salaries and
expenses for an agency shall be reduced by $100,000 per day for each
day after the required date that the report has not been submitted to
the Congress.
Sec. 609. Except as otherwise specifically provided by law, not to
exceed 50 percent of unobligated balances remaining available at the
end of fiscal year 2026 from appropriations made available for salaries
and expenses for fiscal year 2026 in this Act, shall remain available
through September 30, 2027, for each such account for the purposes
authorized: Provided, That a request shall be submitted to the
Committees on Appropriations of the House of Representatives and the
Senate for approval prior to the expenditure of such funds: Provided
further, That these requests shall be made in compliance with
reprogramming guidelines.
Sec. 610. (a) None of the funds made available in this Act may be
used by the Executive Office of the President to request--
(1) any official background investigation report on any
individual from the Federal Bureau of Investigation; or
(2) a determination with respect to the treatment of an
organization as described in section 501(c) of the Internal
Revenue Code of 1986 and exempt from taxation under section
501(a) of such Code from the Department of the Treasury or the
Internal Revenue Service.
b
Subsection (a) shall not apply--
(1) in the case of an official background investigation
report, if such individual has given express written consent
for such request not more than 6 months prior to the date of
such request and during the same presidential administration;
or
(2) if such request is required due to extraordinary
circumstances involving national security.
Sec. 611. The cost accounting standards promulgated under chapter
15 of title 41, United States Code shall not apply with respect to a
contract under the Federal Employees Health Benefits Program
established under chapter 89 of title 5, United States Code.
Sec. 612. For the purpose of resolving litigation and implementing
any settlement agreements regarding the nonforeign area cost-of-living
allowance program, the Office of Personnel Management may accept and
utilize (without regard to any restriction on unanticipated travel
expenses imposed in an appropriations Act) funds made available to the
Office of Personnel Management pursuant to court approval.
Sec. 613. No funds appropriated by this Act shall be available to
pay for an abortion, or the administrative expenses in connection with
any health plan under the Federal employees health benefits program
which provides any benefits or coverage for abortions.
Sec. 614. The provision of section 613 shall not apply where the
life of the mother would be endangered if the fetus were carried to
term, or the pregnancy is the result of an act of rape or incest.
Sec. 615. In order to promote Government access to commercial
information technology, the restriction on purchasing nondomestic
articles, materials, and supplies set forth in chapter 83 of title 41,
United States Code (popularly known as the Buy American Act), shall not
apply to the acquisition by the Federal Government of information
technology (as defined in section 11101 of title 40, United States
Code), that is a commercial item (as defined in section 103 of title
41, United States Code).
Sec. 616. Notwithstanding section 1353 of title 31, United States
Code, no officer or employee of any regulatory agency or commission
funded by this Act may accept on behalf of that agency, nor may such
agency or commission accept, payment or reimbursement from a non-
Federal entity for travel, subsistence, or related expenses for the
purpose of enabling an officer or employee to attend and participate in
any meeting or similar function relating to the official duties of the
officer or employee when the entity offering payment or reimbursement
is a person or entity subject to regulation by such agency or
commission, or represents a person or entity subject to regulation by
such agency or commission, unless the person or entity is an
organization described in section 501(c)(3) of the Internal Revenue
Code of 1986 and exempt from tax under section 501(a) of such Code.
Sec. 617. (a)(1) Notwithstanding any other provision of law, an
Executive agency covered by this Act otherwise authorized to enter into
contracts for either leases or the construction or alteration of real
property for office, meeting, storage, or other space must consult with
the General Services Administration before issuing a solicitation for
offers of new leases or construction contracts, and in the case of
succeeding leases, before entering into negotiations with the current
lessor.
(2) Any such agency with authority to enter into an emergency lease
may do so during any period declared by the President to require
emergency leasing authority with respect to such agency.
b
For purposes of this section, the term ``Executive agency
covered by this Act'' means any Executive agency provided funds by this
Act, but does not include the General Services Administration or the
United States Postal Service.
Sec. 618. (a) There are appropriated for the following activities
the amounts required under current law:
(1) Compensation of the President (3 U.S.C. 102).
(2) Payments to--
(A) the Judicial Officers' Retirement Fund (28
U.S.C. 377(o));
(B) the Judicial Survivors' Annuities Fund (28
U.S.C. 376(c)); and
(C) the United States Court of Federal Claims
Judges' Retirement Fund (28 U.S.C. 178(l)).
(3) Payment of Government contributions--
(A) with respect to the health benefits of retired
employees, as authorized by chapter 89 of title 5,
United States Code, and the Retired Federal Employees
Health Benefits Act (74 Stat. 849); and
(B) with respect to the life insurance benefits for
employees retiring after December 31, 1989 (5 U.S.C.
ch. 87).
(4) Payment to finance the unfunded liability of new and
increased annuity benefits under the Civil Service Retirement
and Disability Fund (5 U.S.C. 8348).
(5) Payment of annuities authorized to be paid from the
Civil Service Retirement and Disability Fund by statutory
provisions other than subchapter III of chapter 83 or chapter
84 of title 5, United States Code.
b
Nothing in this section may be construed to exempt any amount
appropriated by this section from any otherwise applicable limitation
on the use of funds contained in this Act.
Sec. 619. None of the funds made available in this Act may be used
by the Federal Trade Commission to complete the draft report entitled
``Interagency Working Group on Food Marketed to Children: Preliminary
Proposed Nutrition Principles to Guide Industry Self-Regulatory
Efforts'' unless the Interagency Working Group on Food Marketed to
Children complies with Executive Order No. 13563.
Sec. 620. (a) The head of each executive branch agency funded by
this Act shall ensure that the Chief Information Officer of the agency
has the authority to participate in decisions regarding the budget
planning process related to information technology.
b
Amounts appropriated for any executive branch agency funded by
this Act that are available for information technology shall be
allocated within the agency, consistent with the provisions of
appropriations Acts and budget guidelines and recommendations from the
Director of the Office of Management and Budget, in such manner as
specified by, or approved by, the Chief Information Officer of the
agency in consultation with the Chief Financial Officer of the agency
and budget officials.
Sec. 621. None of the funds made available in this Act may be used
in contravention of chapter 29, 31, or 33 of title 44, United States
Code.
Sec. 622. None of the funds made available in this Act may be used
by a governmental entity to require the disclosure by a provider of
electronic communication service to the public or remote computing
service of the contents of a wire or electronic communication that is
in electronic storage with the provider (as such terms are defined in
sections 2510 and 2711 of title 18, United States Code) in a manner
that violates the Fourth Amendment to the Constitution of the United
States.
Sec. 623. No funds provided in this Act shall be used to deny an
Inspector General funded under this Act timely access to any records,
documents, or other materials available to the department or agency
over which that Inspector General has responsibilities under chapter 4
of title 5, United States Code, or to prevent or impede that Inspector
General's access to such records, documents, or other materials, under
any provision of law, except a provision of law that expressly refers
to the Inspector General and expressly limits the Inspector General's
right of access. A department or agency covered by this section shall
provide its Inspector General with access to all such records,
documents, and other materials in a timely manner. Each Inspector
General shall ensure compliance with statutory limitations on
disclosure relevant to the information provided by the establishment
over which that Inspector General has responsibilities under chapter 4
of title 5, United States Code. Each Inspector General covered by this
section shall report to the Committees on Appropriations of the House
of Representatives and the Senate within 5 calendar days any failures
to comply with this requirement.
Sec. 624. None of the funds appropriated by this Act may be used
by the Federal Communications Commission to modify, amend, or change
the rules or regulations of the Commission for universal service high-
cost support for competitive eligible telecommunications carriers in a
way that is inconsistent with paragraph (e)(5) or (e)(6) of section
54.307 of title 47, Code of Federal Regulations, as in effect on July
15, 2015: Provided, That this section shall not prohibit the
Commission from considering, developing, or adopting other support
mechanisms as an alternative to Mobility Fund Phase II: Provided
further, That any such alternative mechanism shall maintain existing
high-cost support to competitive eligible telecommunications carriers
until support under such mechanism commences.
Sec. 625. (a) None of the funds made available in this Act may be
used to maintain or establish a computer network unless such network
blocks the viewing, downloading, and exchanging of pornography.
b
Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, Tribal, or local law enforcement
agency or any other entity carrying out criminal investigations,
prosecution, adjudication activities, or other law enforcement- or
victim assistance-related activity.
Sec. 626. None of the funds appropriated or other-wise made
available by this Act may be used to pay award or incentive fees for
contractors whose performance has been judged to be below satisfactory,
behind schedule, over budget, or has failed to meet the basic
requirements of a contract, unless the Agency determines that any such
deviations are due to unforeseeable events, government-driven scope
changes, or are not significant within the overall scope of the project
and/or program and unless such awards or incentive fees are consistent
with section 16.401(e)(2) of the Federal Acquisition Regulation.
Sec. 627. (a) None of the funds made available under this Act may
be used to pay for travel and conference activities that result in a
total cost to an Executive branch department, agency, board or
commission funded by this Act of more than $500,000 at any single
conference unless the agency or entity determines that such attendance
is in the national interest and advance notice is transmitted to the
Committees on Appropriations of the House of Representatives and the
Senate that includes the basis of that determination.
b
None of the funds made available under this Act may be used to
pay for the travel to or attendance of more than 50 employees, who are
stationed in the United States, at any single conference occurring
outside the United States unless the agency or entity determines that
such attendance is in the national interest and advance notice is
transmitted to the Committees on Appropriations of the House of
Representatives and the Senate that includes the basis of that
determination.
Sec. 628. None of the funds made available by this Act may be used
for first-class or business-class travel by the employees of executive
branch agencies funded by this Act in contravention of sections 301-
10.122 through 301-10.125 of title 41, Code of Federal Regulations.
Sec. 629. None of the funds made available by this Act may be
obligated on contracts in excess of $5,000 for public relations, as
that term is defined in Office and Management and Budget Circular A-87
(revised May 10, 2004), unless advance notice of such an obligation is
transmitted to the Committees on Appropriations of the House of
Representatives and the Senate.
Sec. 630. Federal agencies funded under this Act shall clearly
state within the text, audio, or video used for advertising or
educational purposes, including emails or Internet postings, that the
communication is printed, published, or produced and disseminated at
U.S. taxpayer expense. The funds used by a Federal agency to carry out
this requirement shall be derived from amounts made available to the
agency for advertising or other communications regarding the programs
and activities of the agency.
Sec. 631. When issuing statements, press releases, requests for
proposals, bid solicitations and other documents describing projects or
programs funded in whole or in part with Federal money, all grantees
receiving Federal funds included in this Act, shall clearly state--
(1) the percentage of the total costs of the program or
project which will be financed with Federal money;
(2) the dollar amount of Federal funds for the project or
program; and
(3) percentage and dollar amount of the total costs of the
project or program that will be financed by non-governmental
sources.
Sec. 632. None of the funds made available by this Act shall be
used by the Securities and Exchange Commission to finalize, issue, or
implement any rule, regulation, or order regarding the disclosure of
political contributions, contributions to tax exempt organizations, or
dues paid to trade associations.
Sec. 633. Not later than 45 days after the last day of each
quarter, each agency funded in this Act shall submit to the Committees
on Appropriations of the House of Representatives and the Senate a
quarterly budget report that includes total obligations of the Agency
for that quarter for each appropriation, by the source year of the
appropriation.
Sec. 634. Of the unobligated balances available in the Department
of the Treasury, Treasury Forfeiture Fund, established by section 9703
of title 31, United States Code, $300,000,000 shall be permanently
rescinded not later than September 30, 2026.
Sec. 635. The unobligated balances from prior years appropriations
provided for the Special Inspector General for Pandemic Recovery are
permanently rescinded.
TITLE VII
GENERAL PROVISIONS--GOVERNMENT-WIDE
Departments, Agencies, and Corporations
(including transfers of funds)
Sec. 701. No department, agency, or instrumentality of the United
States receiving appropriated funds under this or any other Act for
fiscal year 2026 shall obligate or expend any such funds, unless such
department, agency, or instrumentality has in place, and will continue
to administer in good faith, a written policy designed to ensure that
all of its workplaces are free from the illegal use, possession, or
distribution of controlled substances (as defined in the Controlled
Substances Act (21 U.S.C. 802)) by the officers and employees of such
department, agency, or instrumentality.
Sec. 702. Unless otherwise specifically provided, the maximum
amount allowable during the current fiscal year in accordance with
section 1343(c) of title 31, United States Code, for the purchase of
any passenger motor vehicle (exclusive of buses, ambulances, vans, law
enforcement vehicles, protective vehicles, undercover surveillance
vehicles, and police-type vehicles), is hereby fixed at $40,000 except
station wagons for which the maximum shall be $41,140: Provided, That
these limits may be exceeded by not to exceed $7,775 for police-type
vehicles: Provided further, That the limits set forth in this section
may not be exceeded by more than 5 percent for electric or hybrid
vehicles purchased for demonstration under the provisions of the
Electric and Hybrid Vehicle Research, Development, and Demonstration
Act of 1976: Provided further, That the limits set forth in this
section may be exceeded by the incremental cost of clean alternative
fuels vehicles acquired pursuant to Public Law 101-549 over the cost of
comparable conventionally fueled vehicles: Provided further, That the
limits set forth in this section shall not apply to any vehicle that is
a commercial item and which operates on alternative fuel, including but
not limited to electric, plug-in hybrid electric, and hydrogen fuel
cell vehicles.
Sec. 703. Appropriations of the executive departments and
independent establishments for the current fiscal year available for
expenses of travel, or for the expenses of the activity concerned, are
hereby made available for quarters allowances and cost-of-living
allowances, in accordance with 5 U.S.C. 5922-5924.
Sec. 704. Unless otherwise specified in law during the current
fiscal year, no part of any appropriation contained in this or any
other Act shall be used to pay the compensation of any officer or
employee of the Government of the United States (including any agency
the majority of the stock of which is owned by the Government of the
United States) whose post of duty is in the continental United States
unless such person: (1) is a citizen of the United States; (2) is a
person who is lawfully admitted for permanent residence and is seeking
citizenship as outlined in 8 U.S.C. 1324b(a)(3)(B); (3) is a person who
is admitted as a refugee under 8 U.S.C. 1157 or is granted asylum under
8 U.S.C. 1158 and has filed a declaration of intention to become a
lawful permanent resident and then a citizen when eligible; or (4) is a
person who owes allegiance to the United States: Provided, That for
purposes of this section, affidavits signed by any such person shall be
considered prima facie evidence that the requirements of this section
with respect to his or her status are being complied with: Provided
further, That for purposes of paragraphs (2) and (3) such affidavits
shall be submitted prior to employment and updated thereafter as
necessary: Provided further, That any person making a false affidavit
shall be guilty of a felony, and upon conviction, shall be fined no
more than $4,000 or imprisoned for not more than 1 year, or both:
Provided further, That the above penal clause shall be in addition to,
and not in substitution for, any other provisions of existing law:
Provided further, That any payment made to any officer or employee
contrary to the provisions of this section shall be recoverable in
action by the Federal Government: Provided further, That this section
shall not apply to any person who is an officer or employee of the
Government of the United States on the date of enactment of this Act,
or to international broadcasters employed by the Broadcasting Board of
Governors, or to temporary employment of translators, or to temporary
employment in the field service (not to exceed 60 days) as a result of
emergencies: Provided further, That this section does not apply to the
employment as Wildland firefighters for not more than 120 days of
nonresident aliens employed by the Department of the Interior or the
USDA Forest Service pursuant to an agreement with another country.
Sec. 705. Appropriations available to any department or agency
during the current fiscal year for necessary expenses, including
maintenance or operating expenses, shall also be available for payment
to the General Services Administration for charges for space and
services and those expenses of renovation and alteration of buildings
and facilities which constitute public improvements performed in
accordance with the Public Buildings Act of 1959 (73 Stat. 479), the
Public Buildings Amendments of 1972 (86 Stat. 216), or other applicable
law.
Sec. 706. In addition to funds provided in this or any other Act,
all Federal agencies are authorized to receive and use funds resulting
from the sale of materials, including Federal records disposed of
pursuant to a records schedule recovered through recycling or waste
prevention programs. Such funds shall be available until expended for
the following purposes:
(1) Acquisition, waste reduction and prevention, and
recycling programs as described in Executive Order No. 14057
(December 8, 2021), including any such programs adopted prior
to the effective date of the Executive order.
(2) Other Federal agency environmental management programs,
including, but not limited to, the development and
implementation of hazardous waste management and pollution
prevention programs.
(3) Other employee programs as authorized by law or as
deemed appropriate by the head of the Federal agency.
Sec. 707. Funds made available by this or any other Act for
administrative expenses in the current fiscal year of the corporations
and agencies subject to chapter 91 of title 31, United States Code,
shall be available, in addition to objects for which such funds are
otherwise available, for rent in the District of Columbia; services in
accordance with 5 U.S.C. 3109; and the objects specified under this
head, all the provisions of which shall be applicable to the
expenditure of such funds unless otherwise specified in the Act by
which they are made available: Provided, That in the event any
functions budgeted as administrative expenses are subsequently
transferred to or paid from other funds, the limitations on
administrative expenses shall be correspondingly reduced.
Sec. 708. No part of any appropriation contained in this or any
other Act shall be available for interagency financing of boards
(except Federal Executive Boards), commissions, councils, committees,
or similar groups (whether or not they are interagency entities) which
do not have a prior and specific statutory approval to receive
financial support from more than one agency or instrumentality.
Sec. 709. None of the funds made available pursuant to the
provisions of this or any other Act shall be used to implement,
administer, or enforce any regulation which has been disapproved
pursuant to a joint resolution duly adopted in accordance with the
applicable law of the United States.
Sec. 710. During the period in which the head of any department or
agency, or any other officer or civilian employee of the Federal
Government appointed by the President of the United States, holds
office, no funds may be obligated or expended in excess of $5,000 to
furnish or redecorate the office of such department head, agency head,
officer, or employee, or to purchase furniture or make improvements for
any such office, unless advance notice of such furnishing or
redecoration is transmitted to the Committees on Appropriations of the
House of Representatives and the Senate. For the purposes of this
section, the term ``office'' shall include the entire suite of offices
assigned to the individual, as well as any other space used primarily
by the individual or the use of which is directly controlled by the
individual.
Sec. 711. Notwithstanding 31 U.S.C. 1346, or section 708 of this
Act, funds made available for the current fiscal year by this or any
other Act shall be available for the interagency funding of national
security and emergency preparedness telecommunications initiatives
which benefit multiple Federal departments, agencies, or entities, as
provided by Executive Order No. 13618 (July 6, 2012).
Sec. 712. (a) None of the funds made available by this or any other
Act may be obligated or expended by any department, agency, or other
instrumentality of the Federal Government to pay the salaries or
expenses of any individual appointed to a position of a confidential or
policy-determining character that is excepted from the competitive
service under section 3302 of title 5, United States Code, (pursuant to
schedule C of subpart C of part 213 of title 5 of the Code of Federal
Regulations) unless the head of the applicable department, agency, or
other instrumentality employing such schedule C individual certifies to
the Director of the Office of Personnel Management that the schedule C
position occupied by the individual was not created solely or primarily
in order to detail the individual to the White House.
b
The provisions of this section shall not apply to Federal
employees or members of the armed forces detailed to or from an element
of the intelligence community (as that term is defined under section
3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4))).
Sec. 713. No part of any appropriation contained in this or any
other Act shall be available for the payment of the salary of any
officer or employee of the Federal Government, who--
(1) prohibits or prevents, or attempts or threatens to
prohibit or prevent, any other officer or employee of the
Federal Government from having any direct oral or written
communication or contact with any Member, committee, or
subcommittee of the Congress in connection with any matter
pertaining to the employment of such other officer or employee
or pertaining to the department or agency of such other officer
or employee in any way, irrespective of whether such
communication or contact is at the initiative of such other
officer or employee or in response to the request or inquiry of
such Member, committee, or subcommittee; or
(2) removes, suspends from duty without pay, demotes,
reduces in rank, seniority, status, pay, or performance or
efficiency rating, denies promotion to, relocates, reassigns,
transfers, disciplines, or discriminates in regard to any
employment right, entitlement, or benefit, or any term or
condition of employment of, any other officer or employee of
the Federal Government, or attempts or threatens to commit any
of the foregoing actions with respect to such other officer or
employee, by reason of any communication or contact of such
other officer or employee with any Member, committee, or
subcommittee of the Congress as described in paragraph (1).
Sec. 714. (a) None of the funds made available in this or any other
Act may be obligated or expended for any employee training that--
(1) does not meet identified needs for knowledge, skills,
and abilities bearing directly upon the performance of official
duties;
(2) contains elements likely to induce high levels of
emotional response or psychological stress in some
participants;
(3) does not require prior employee notification of the
content and methods to be used in the training and written end
of course evaluation;
(4) contains any methods or content associated with
religious or quasi-religious belief systems or ``new age''
belief systems as defined in Equal Employment Opportunity
Commission Notice N-915.022, dated September 2, 1988; or
(5) is offensive to, or designed to change, participants'
personal values or lifestyle outside the workplace.
b
Nothing in this section shall prohibit, restrict, or otherwise
preclude an agency from conducting training bearing directly upon the
performance of official duties.
Sec. 715. No part of any funds appropriated in this or any other
Act shall be used by an agency of the executive branch, other than for
normal and recognized executive-legislative relationships, for
publicity or propaganda purposes, and for the preparation, distribution
or use of any kit, pamphlet, booklet, publication, radio, television,
or film presentation designed to support or defeat legislation pending
before the Congress, except in presentation to the Congress itself.
Sec. 716. None of the funds appropriated by this or any other Act
may be used by an agency to provide a Federal employee's home address
to any labor organization except when the employee has authorized such
disclosure or when such disclosure has been ordered by a court of
competent jurisdiction.
Sec. 717. None of the funds made available in this or any other
Act may be used to provide any non-public information such as mailing,
telephone, or electronic mailing lists to any person or any
organization outside of the Federal Government without the approval of
the Committees on Appropriations of the House of Representatives and
the Senate.
Sec. 718. No part of any appropriation contained in this or any
other Act shall be used directly or indirectly, including by private
contractor, for publicity or propaganda purposes within the United
States not heretofore authorized by Congress.
Sec. 719. (a) In this section, the term ``agency''--
(1) means an Executive agency, as defined under 5 U.S.C.
105; and
(2) includes a military department, as defined under
section 102 of such title and the United States Postal Service.
b
Unless authorized in accordance with law or regulations to use
such time for other purposes, an employee of an agency shall use
official time in an honest effort to perform official duties. An
employee not under a leave system, including a Presidential appointee
exempted under 5 U.S.C. 6301(2), has an obligation to expend an honest
effort and a reasonable proportion of such employee's time in the
performance of official duties.
Sec. 720. Notwithstanding 31 U.S.C. 1346 and section 708 of this
Act, funds made available for the current fiscal year by this or any
other Act to any department or agency, which is a member of the Federal
Accounting Standards Advisory Board (FASAB), shall be available to
finance an appropriate share of FASAB administrative costs.
Sec. 721. Notwithstanding 31 U.S.C. 1346 and section 708 of this
Act, the head of each Executive department and agency is hereby
authorized to transfer to or reimburse ``General Services
Administration, Government-wide Policy'' with the approval of the
Director of the Office of Management and Budget, funds made available
for the current fiscal year by this or any other Act, including rebates
from charge card and other contracts: Provided, That these funds shall
be administered by the Administrator of General Services to support
Government-wide and other multi-agency financial, information
technology, procurement, and other management innovations, initiatives,
and activities, including improving coordination and reducing
duplication, as approved by the Director of the Office of Management
and Budget, in consultation with the appropriate interagency and multi-
agency groups designated by the Director (including the President's
Management Council for overall management improvement initiatives, the
Chief Financial Officers Council for financial management initiatives,
the Chief Information Officers Council for information technology
initiatives, the Chief Human Capital Officers Council for human capital
initiatives, the Chief Acquisition Officers Council for procurement
initiatives, and the Performance Improvement Council for performance
improvement initiatives): Provided further, That the total funds
transferred or reimbursed shall not exceed $15,000,000 to improve
coordination, reduce duplication, and for other activities related to
Federal Government Priority Goals established by 31 U.S.C. 1120, and
not to exceed $17,000,000 for Government-wide innovations, initiatives,
and activities: Provided further, That the funds transferred to or for
reimbursement of ``General Services Administration, Government-Wide
Policy'' during fiscal year 2026 shall remain available for obligation
through September 30, 2027: Provided further, That not later than 90
days after enactment of this Act, the Director of the Office of
Management and Budget, in consultation with the Administrator of
General Services, shall submit to the Committees on Appropriations of
the House of Representatives and the Senate, the Committee on Homeland
Security and Governmental Affairs of the Senate, and the Committee on
Oversight and Accountability of the House of Representatives a detailed
spend plan for the funds to be transferred or reimbursed: Provided
further, That the spend plan shall, at a minimum, include: (i) the
amounts currently in the funds authorized under this section and the
estimate of amounts to be transferred or reimbursed in fiscal year
2026; (ii) a detailed breakdown of the purposes for all funds estimated
to be transferred or reimbursed pursuant to this section (including
total number of personnel and costs for all staff whose salaries are
provided for by this section); (iii) where applicable, a description of
the funds intended for use by or for the benefit of each executive
council; and (iv) where applicable, a description of the funds intended
for use by or for the implementation of specific laws passed by
Congress: Provided further, That no transfers or reimbursements may be
made pursuant to this section until 15 days following notification of
the Committees on Appropriations of the House of Representatives and
the Senate by the Director of the Office of Management and Budget.
Sec. 722. Notwithstanding any other provision of law, a woman may
breastfeed her child at any location in a Federal building or on
Federal property, if the woman and her child are otherwise authorized
to be present at the location.
Sec. 723. Notwithstanding 31 U.S.C. 1346, or section 708 of this
Act, funds made available for the current fiscal year by this or any
other Act shall be available for the interagency funding of specific
projects, workshops, studies, and similar efforts to carry out the
purposes of the National Science and Technology Council (authorized by
Executive Order No. 12881), which benefit multiple Federal departments,
agencies, or entities: Provided, That the Office of Management and
Budget shall provide a report describing the budget of and resources
connected with the National Science and Technology Council to the
Committees on Appropriations of the House of Representatives and the
Senate, the House Committee on Science, Space, and Technology, and the
Senate Committee on Commerce, Science, and Transportation 90 days after
enactment of this Act.
Sec. 724. Any request for proposals, solicitation, grant
application, form, notification, press release, or other publications
involving the distribution of Federal funds shall comply with any
relevant requirements in part 200 of title 2, Code of Federal
Regulations: Provided, That this section shall apply to direct
payments, formula funds, and grants received by a State receiving
Federal funds.
Sec. 725. (a) Prohibition of Federal Agency Monitoring of
Individuals' Internet Use.--None of the funds made available in this or
any other Act may be used by any Federal agency--
(1) to collect, review, or create any aggregation of data,
derived from any means, that includes any personally
identifiable information relating to an individual's access to
or use of any Federal Government Internet site of the agency;
or
(2) to enter into any agreement with a third party
(including another government agency) to collect, review, or
obtain any aggregation of data, derived from any means, that
includes any personally identifiable information relating to an
individual's access to or use of any nongovernmental Internet
site.
b
Exceptions.--The limitations established in subsection (a)
shall not apply to--
(1) any record of aggregate data that does not identify
particular persons;
(2) any voluntary submission of personally identifiable
information;
(3) any action taken for law enforcement, regulatory, or
supervisory purposes, in accordance with applicable law; or
(4) any action described in subsection (a)(1) that is a
system security action taken by the operator of an Internet
site and is necessarily incident to providing the Internet site
services or to protecting the rights or property of the
provider of the Internet site.
c
Definitions.--For the purposes of this section:
(1) The term ``regulatory'' means agency actions to
implement, interpret or enforce authorities provided in law.
(2) The term ``supervisory'' means examinations of the
agency's supervised institutions, including assessing safety
and soundness, overall financial condition, management
practices and policies and compliance with applicable standards
as provided in law.
Sec. 726. (a) None of the funds appropriated by this Act may be
used to enter into or renew a contract which includes a provision
providing prescription drug coverage, except where the contract also
includes a provision for contraceptive coverage.
b
Nothing in this section shall apply to a contract with--
(1) any of the following religious plans:
(A) Personal Care's HMO; and
(B) OSF HealthPlans, Inc.; and
(2) any existing or future plan, if the carrier for the
plan objects to such coverage on the basis of religious
beliefs.
c
In implementing this section, any plan that enters into or
renews a contract under this section may not subject any individual to
discrimination on the basis that the individual refuses to prescribe or
otherwise provide for contraceptives because such activities would be
contrary to the individual's religious beliefs or moral convictions.
d
Nothing in this section shall be construed to require coverage
of abortion or abortion-related services.
Sec. 727. The United States is committed to ensuring the health of
its Olympic, Pan American, and Paralympic athletes, and supports the
strict adherence to anti-doping in sport through testing, adjudication,
education, and research as performed by nationally recognized oversight
authorities.
Sec. 728. Notwithstanding any other provision of law, funds
appropriated for official travel to Federal departments and agencies
may be used by such departments and agencies, if consistent with Office
of Management and Budget Circular A-126 regarding official travel for
Government personnel, to participate in the fractional aircraft
ownership pilot program.
Sec. 729. Notwithstanding any other provision of law, none of the
funds appropriated or made available under this or any other
appropriations Act may be used to implement or enforce restrictions or
limitations on the Coast Guard Congressional Fellowship Program, or to
implement the proposed regulations of the Office of Personnel
Management to add sections 300.311 through 300.316 to part 300 of title
5 of the Code of Federal Regulations, published in the Federal
Register, volume 68, number 174, on September 9, 2003 (relating to the
detail of executive branch employees to the legislative branch).
Sec. 730. Notwithstanding any other provision of law, no executive
branch agency shall purchase, construct, or lease any additional
facilities, except within or contiguous to existing locations, to be
used for the purpose of conducting Federal law enforcement training
without the advance approval of the Committees on Appropriations of the
House of Representatives and the Senate, except that the Federal Law
Enforcement Training Centers is authorized to obtain the temporary use
of additional facilities by lease, contract, or other agreement for
training which cannot be accommodated in existing Centers facilities.
Sec. 731. Unless otherwise authorized by existing law, none of the
funds provided in this or any other Act may be used by an executive
branch agency to produce any prepackaged news story intended for
broadcast or distribution in the United States, unless the story
includes a clear notification within the text or audio of the
prepackaged news story that the prepackaged news story was prepared or
funded by that executive branch agency.
Sec. 732. None of the funds made available in this Act may be used
in contravention of section 552a of title 5, United States Code
(popularly known as the Privacy Act), and regulations implementing that
section.
Sec. 733. (a) In General.--None of the funds appropriated or
otherwise made available by this or any other Act may be used for any
Federal Government contract with any foreign incorporated entity which
is treated as an inverted domestic corporation under section 835(b) of
the Homeland Security Act of 2002 (6 U.S.C. 395(b)) or any subsidiary
of such an entity.
b
Waivers.--
(1) In general.--Any Secretary shall waive subsection (a)
with respect to any Federal Government contract under the
authority of such Secretary if the Secretary determines that
the waiver is required in the interest of national security.
(2) Report to congress.--Any Secretary issuing a waiver
under paragraph (1) shall report such issuance to Congress.
c
Exception.--This section shall not apply to any Federal
Government contract entered into before the date of the enactment of
this Act, or to any task order issued pursuant to such contract.
Sec. 734. During fiscal year 2026, for each employee who--
(1) retires under section 8336(d)(2) or 8414(b)(1)(B) of
title 5, United States Code; or
(2) retires under any other provision of subchapter III of
chapter 83 or chapter 84 of such title 5 and receives a payment
as an incentive to separate, the separating agency shall remit
to the Civil Service Retirement and Disability Fund an amount
equal to the Office of Personnel Management's average unit cost
of processing a retirement claim for the preceding fiscal year.
Such amounts shall be available until expended to the Office of
Personnel Management and shall be deemed to be an
administrative expense under section 8348(a)(1)(B) of title 5,
United States Code.
Sec. 735. (a) None of the funds made available in this or any other
Act may be used to recommend or require any entity submitting an offer
for a Federal contract to disclose any of the following information as
a condition of submitting the offer:
(1) Any payment consisting of a contribution, expenditure,
independent expenditure, or disbursement for an electioneering
communication that is made by the entity, its officers or
directors, or any of its affiliates or subsidiaries to a
candidate for election for Federal office or to a political
committee, or that is otherwise made with respect to any
election for Federal office.
(2) Any disbursement of funds (other than a payment
described in paragraph (1)) made by the entity, its officers or
directors, or any of its affiliates or subsidiaries to any
person with the intent or the reasonable expectation that the
person will use the funds to make a payment described in
paragraph (1).
b
In this section, each of the terms ``contribution'',
``expenditure'', ``independent expenditure'', ``electioneering
communication'', ``candidate'', ``election'', and ``Federal office''
has the meaning given such term in the Federal Election Campaign Act of
1971 (52 U.S.C. 30101 et seq.).
Sec. 736. None of the funds made available in this or any other
Act may be used to pay for the painting of a portrait of an officer or
employee of the Federal Government, including the President, the Vice
President, a Member of Congress (including a Delegate or a Resident
Commissioner to Congress), the head of an executive branch agency (as
defined in section 133 of title 41, United States Code), or the head of
an office of the legislative branch.
Sec. 737. (a)(1) Notwithstanding any other provision of law, and
except as otherwise provided in this section, no part of any of the
funds appropriated for fiscal year 2026, by this or any other Act, may
be used to pay any prevailing rate employee described in section
5342(a)(2)(A) of title 5, United States Code--
(A) during the period from the date of expiration of the
limitation imposed by the comparable section for the previous
fiscal years until the normal effective date of the applicable
wage survey adjustment that is to take effect in fiscal year
2026, in an amount that exceeds the rate payable for the
applicable grade and step of the applicable wage schedule in
accordance with such section; and
(B) during the period consisting of the remainder of fiscal
year 2026, in an amount that exceeds, as a result of a wage
survey adjustment, the rate payable under subparagraph (A) by
more than the sum of--
i
the percentage adjustment taking effect in
fiscal year 2026 under section 5303 of title 5, United
States Code, in the rates of pay under the General
Schedule; and
(ii) the difference between the overall average
percentage of the locality-based comparability payments
taking effect in fiscal year 2026 under section 5304 of
such title (whether by adjustment or otherwise), and
the overall average percentage of such payments which
was effective in the previous fiscal year under such
section.
(2) Notwithstanding any other provision of law, no prevailing rate
employee described in subparagraph (B) or (C) of section 5342(a)(2) of
title 5, United States Code, and no employee covered by section 5348 of
such title, may be paid during the periods for which paragraph (1) is
in effect at a rate that exceeds the rates that would be payable under
paragraph (1) were paragraph (1) applicable to such employee.
(3) For the purposes of this subsection, the rates payable to an
employee who is covered by this subsection and who is paid from a
schedule not in existence on September 30, 2025, shall be determined
under regulations prescribed by the Office of Personnel Management.
(4) Notwithstanding any other provision of law, rates of premium
pay for employees subject to this subsection may not be changed from
the rates in effect on September 30, 2025, except to the extent
determined by the Office of Personnel Management to be consistent with
the purpose of this subsection.
(5) This subsection shall apply with respect to pay for service
performed after September 30, 2025.
(6) For the purpose of administering any provision of law
(including any rule or regulation that provides premium pay,
retirement, life insurance, or any other employee benefit) that
requires any deduction or contribution, or that imposes any requirement
or limitation on the basis of a rate of salary or basic pay, the rate
of salary or basic pay payable after the application of this subsection
shall be treated as the rate of salary or basic pay.
(7) Nothing in this subsection shall be considered to permit or
require the payment to any employee covered by this subsection at a
rate in excess of the rate that would be payable were this subsection
not in effect.
(8) The Office of Personnel Management may provide for exceptions
to the limitations imposed by this subsection if the Office determines
that such exceptions are necessary to ensure the recruitment or
retention of qualified employees.
b
Notwithstanding subsection (a), the adjustment in rates of
basic pay for the statutory pay systems that take place in fiscal year
2026 under sections 5344 and 5348 of title 5, United States Code, shall
be--
(1) not less than the percentage received by employees in
the same location whose rates of basic pay are adjusted
pursuant to the statutory pay systems under sections 5303 and
5304 of title 5, United States Code: Provided, That prevailing
rate employees at locations where there are no employees whose
pay is increased pursuant to sections 5303 and 5304 of title 5,
United States Code, and prevailing rate employees described in
section 5343(a)(5) of title 5, United States Code, shall be
considered to be located in the pay locality designated as
``Rest of United States'' pursuant to section 5304 of title 5,
United States Code, for purposes of this subsection; and
(2) effective as of the first day of the first applicable
pay period beginning after September 30, 2025.
Sec. 738. (a) The head of any Executive branch department, agency,
board, commission, or office funded by this or any other appropriations
Act shall submit annual reports to the Inspector General or senior
ethics official for any entity without an Inspector General, regarding
the costs and contracting procedures related to each conference held by
any such department, agency, board, commission, or office during fiscal
year 2026 for which the cost to the United States Government was more
than $100,000.
b
Each report submitted shall include, for each conference
described in subsection (a) held during the applicable period--
(1) a description of its purpose;
(2) the number of participants attending;
(3) a detailed statement of the costs to the United States
Government, including--
(A) the cost of any food or beverages;
(B) the cost of any audio-visual services;
(C) the cost of employee or contractor travel to
and from the conference; and
(D) a discussion of the methodology used to
determine which costs relate to the conference; and
(4) a description of the contracting procedures used
including--
(A) whether contracts were awarded on a competitive
basis; and
(B) a discussion of any cost comparison conducted
by the departmental component or office in evaluating
potential contractors for the conference.
c
Within 15 days after the end of a quarter, the head of any such
department, agency, board, commission, or office shall notify the
Inspector General or senior ethics official for any entity without an
Inspector General, of the date, location, and number of employees
attending a conference held by any Executive branch department, agency,
board, commission, or office funded by this or any other appropriations
Act during fiscal year 2026 for which the cost to the United States
Government was more than $20,000.
d
A grant or contract funded by amounts appropriated by this or
any other appropriations Act may not be used for the purpose of
defraying the costs of a conference described in subsection (c) that is
not directly and programmatically related to the purpose for which the
grant or contract was awarded, such as a conference held in connection
with planning, training, assessment, review, or other routine purposes
related to a project funded by the grant or contract.
e
None of the funds made available in this or any other
appropriations Act may be used for travel and conference activities
that are not in compliance with Office of Management and Budget
Memorandum M-12-12 dated May 11, 2012 or any subsequent revisions to
that memorandum.
Sec. 739. None of the funds made available in this or any other
appropriations Act may be used to increase, eliminate, or reduce
funding for a program, project, or activity as proposed in the
President's budget request for a fiscal year until such proposed change
is subsequently enacted in an appropriation Act, or unless such change
is made pursuant to the reprogramming or transfer provisions of this or
any other appropriations Act.
Sec. 740. None of the funds made available by this or any other
Act may be used to implement, administer, enforce, or apply the rule
entitled ``Competitive Area'' published by the Office of Personnel
Management in the Federal Register on April 15, 2008 (73 Fed. Reg.
20180 et seq.).
Sec. 741. None of the funds appropriated or otherwise made
available by this or any other Act may be used to begin or announce a
study or public-private competition regarding the conversion to
contractor performance of any function performed by Federal employees
pursuant to Office of Management and Budget Circular A-76 or any other
administrative regulation, directive, or policy.
Sec. 742. (a) None of the funds appropriated or otherwise made
available by this or any other Act may be available for a contract,
grant, or cooperative agreement with an entity that requires employees
or contractors of such entity seeking to report fraud, waste, or abuse
to sign internal confidentiality agreements or statements prohibiting
or otherwise restricting such employees or contractors from lawfully
reporting such waste, fraud, or abuse to a designated investigative or
law enforcement representative of a Federal department or agency
authorized to receive such information.
b
The limitation in subsection (a) shall not contravene
requirements applicable to Standard Form 312, Form 4414, or any other
form issued by a Federal department or agency governing the
nondisclosure of classified information.
Sec. 743. (a) No funds appropriated in this or any other Act may be
used to implement or enforce the agreements in Standard Forms 312 and
4414 of the Government or any other nondisclosure policy, form, or
agreement if such policy, form, or agreement does not contain the
following provisions: ``These provisions are consistent with and do not
supersede, conflict with, or otherwise alter the employee obligations,
rights, or liabilities created by existing statute or Executive order
relating to (1) classified information, (2) communications to Congress,
(3) the reporting to an Inspector General or the Office of Special
Counsel of a violation of any law, rule, or regulation, or
mismanagement, a gross waste of funds, an abuse of authority, or a
substantial and specific danger to public health or safety, or (4) any
other whistleblower protection. The definitions, requirements,
obligations, rights, sanctions, and liabilities created by controlling
Executive orders and statutory provisions are incorporated into this
agreement and are controlling.'': Provided, That notwithstanding the
preceding provision of this section, a nondisclosure policy form or
agreement that is to be executed by a person connected with the conduct
of an intelligence or intelligence-related activity, other than an
employee or officer of the United States Government, may contain
provisions appropriate to the particular activity for which such
document is to be used. Such form or agreement shall, at a minimum,
require that the person will not disclose any classified information
received in the course of such activity unless specifically authorized
to do so by the United States Government. Such nondisclosure forms
shall also make it clear that they do not bar disclosures to Congress,
or to an authorized official of an executive agency or the Department
of Justice, that are essential to reporting a substantial violation of
law.
b
A nondisclosure agreement may continue to be implemented and
enforced notwithstanding subsection (a) if it complies with the
requirements for such agreement that were in effect when the agreement
was entered into.
c
No funds appropriated in this or any other Act may be used to
implement or enforce any agreement entered into during fiscal year 2014
which does not contain substantially similar language to that required
in subsection (a).
Sec. 744. None of the funds made available by this or any other
Act may be used to enter into a contract, memorandum of understanding,
or cooperative agreement with, make a grant to, or provide a loan or
loan guarantee to, any corporation that has any unpaid Federal tax
liability that has been assessed, for which all judicial and
administrative remedies have been exhausted or have lapsed, and that is
not being paid in a timely manner pursuant to an agreement with the
authority responsible for collecting the tax liability, where the
awarding agency is aware of the unpaid tax liability, unless a Federal
agency has considered suspension or debarment of the corporation and
has made a determination that this further action is not necessary to
protect the interests of the Government.
Sec. 745. None of the funds made available by this or any other
Act may be used to enter into a contract, memorandum of understanding,
or cooperative agreement with, make a grant to, or provide a loan or
loan guarantee to, any corporation that was convicted of a felony
criminal violation under any Federal law within the preceding 24
months, where the awarding agency is aware of the conviction, unless a
Federal agency has considered suspension or debarment of the
corporation and has made a determination that this further action is
not necessary to protect the interests of the Government.
Sec. 746. (a) During fiscal year 2026, on the date on which a
request is made for a transfer of funds in accordance with section 1017
of Public Law 111-203, the Bureau of Consumer Financial Protection
shall notify the Committees on Appropriations of the House of
Representatives and the Senate, the Committee on Financial Services of
the House of Representatives, and the Committee on Banking, Housing,
and Urban Affairs of the Senate of such request.
b
Any notification required by this section shall be made
available on the Bureau's public website.
Sec. 747. (a) Notwithstanding any official rate adjusted under
section 104 of title 3, United States Code, the rate payable to the
Vice President during calendar year 2026 shall be the rate payable to
the Vice President on December 31, 2025, by operation of section 747 of
division B of Public Law 118-47, as continued in effect and modified by
section 1605 of title VI of division A of Public Law 119-4 (as
continued in effect and modified by division A of Public Law 119-37).
b
Notwithstanding any official rate adjusted under section 5318
of title 5, United States Code, or any other provision of law, the
payable rate during calendar year 2026 for an employee serving in an
Executive Schedule position, or in a position for which the rate of pay
is fixed by statute at an Executive Schedule rate, shall be the rate
payable for the applicable Executive Schedule level on December 31,
2025, by operation of section 747 of division B of Public Law 118-47,
as continued in effect and modified by section 1605 of title VI of
division A of Public Law 119-4 (as continued in effect and modified by
division A of Public Law 119-37).
c
Notwithstanding section 401 of the Foreign Service Act of 1980
(Public Law 96-465) or any other provision of law, a chief of mission
or ambassador at large is subject to subsection (b) in the same manner
as other employees who are paid at an Executive Schedule rate.
d
(1) This subsection applies to--
(A) a noncareer appointee in the Senior Executive Service
paid a rate of basic pay at or above the official rate for
level IV of the Executive Schedule; or
(B) a limited term appointee or limited emergency appointee
in the Senior Executive Service serving under a political
appointment and paid a rate of basic pay at or above the
official rate for level IV of the Executive Schedule.
(2) Notwithstanding sections 5382 and 5383 of title 5, United
States Code, an employee described in paragraph (1) may not receive a
pay rate increase during calendar year 2026, except as provided in
subsection (i).
e
Notwithstanding any other provision of law, any employee paid a
rate of basic pay (including any locality based payments under section
5304 of title 5, United States Code, or similar authority) at or above
the official rate for level IV of the Executive Schedule who serves
under a political appointment may not receive a pay rate increase
during calendar year 2026, except as provided in subsection (i). This
subsection does not apply to employees in the General Schedule pay
system or the Foreign Service pay system, to employees appointed under
section 3161 of title 5, United States Code, or to employees in another
pay system whose position would be classified at GS-15 or below if
chapter 51 of title 5, United States Code, applied to them.
f
Nothing in subsections (b) through (e) shall prevent employees
who do not serve under a political appointment from receiving pay
increases as otherwise provided under applicable law.
g
This section does not apply to an individual who makes an
election to retain Senior Executive Service basic pay under section
3392(c) of title 5, United States Code, for such time as that election
is in effect.
h
This section does not apply to an individual who makes an
election to retain Senior Foreign Service pay entitlements under
section 302(b) of the Foreign Service Act of 1980 (Public Law 96-465)
for such time as that election is in effect.
i
Notwithstanding subsections (b) through (e), an employee in a
covered position may receive a pay rate increase upon an authorized
movement to a different covered position only if that new position has
higher-level duties and a pre-established level or range of pay higher
than the level or range for the position held immediately before the
movement. Any such increase must be based on the rates of pay and
applicable limitations on payable rates of pay in effect on December
31, 2025, by operation of section 747 of division B of Public Law 118-
47, as continued in effect and modified by section 1605 of title VI of
division A of Public Law 119-4 (as continued in effect and modified by
division A of Public Law 119-37).
j
Notwithstanding any other provision of law, for an individual
who is newly appointed to a covered position during the period of time
subject to this section, the initial pay rate shall be based on the
rates of pay and applicable limitations on payable rates of pay in
effect on December 31, 2025, by operation of section 747 of division B
of Public Law 118-47, as continued in effect and modified by section
1605 of title VI of division A of Public Law 119-4 (as continued in
effect and modified by division A of Public Law 119-37).
k
If an employee affected by this section is subject to a
biweekly pay period that begins in calendar year 2026 but ends in
calendar year 2027, the bar on the employee's receipt of pay rate
increases shall apply through the end of that pay period.
l
For the purpose of this section, the term ``covered position''
means a position occupied by an employee whose pay is restricted under
this section.
m
This section takes effect on the first day of the first
applicable pay period beginning on or after January 1, 2026.
Sec. 748. In the event of a violation of the Impoundment Control
Act of 1974, the President or the head of the relevant department or
agency, as the case may be, shall report immediately to the Congress
all relevant facts and a statement of actions taken: Provided, That a
copy of each report shall also be transmitted to the Committees on
Appropriations of the House of Representatives and the Senate and the
Comptroller General on the same date the report is transmitted to the
Congress.
Sec. 749. (a) Each department or agency of the executive branch of
the United States Government shall notify the Committees on
Appropriations and the Budget of the House of Representatives and the
Senate and any other appropriate congressional committees if--
(1) an apportionment is not made in the required time
period provided in section 1513(b) of title 31, United States
Code;
(2) an approved apportionment received by the department or
agency conditions the availability of an appropriation on
further action; or
(3) an approved apportionment received by the department or
agency may hinder the prudent obligation of such appropriation
or the execution of a program, project, or activity by such
department or agency.
b
Any notification submitted to a congressional committee
pursuant to this section shall contain information identifying the
bureau, account name, appropriation name, and Treasury Appropriation
Fund Symbol or fund account.
Sec. 750. (a) Any non-Federal entity receiving funds provided in
this or any other appropriations Act for fiscal year 2026 that are
specified in the disclosure table submitted in compliance with clause 9
of rule XXI of the Rules of the House of Representatives or Rule XLIV
of the Standing Rules of the Senate that is included in the report or
explanatory statement accompanying any such Act shall be deemed to be a
recipient of a Federal award with respect to such funds for purposes of
the requirements of 2 CFR 200.334, regarding records retention, and 2
CFR 200.337, regarding access by the Comptroller General of the United
States.
b
Nothing in this section shall be construed to limit, amend,
supersede, or restrict in any manner any requirements otherwise
applicable to non-Federal entities described in paragraph (1) or any
existing authority of the Comptroller General.
Sec. 751. Notwithstanding section 1346 of title 31, United States
Code, or section 708 of this Act, funds made available by this or any
other Act to any Federal agency may be used by that Federal agency for
interagency funding for coordination with, participation in, or
recommendations involving, activities of the U.S. Army Medical Research
and Development Command, the Congressionally Directed Medical Research
Programs and the National Institutes of Health research programs.
Sec. 752. Notwithstanding 31 U.S.C. 1346 and section 708 of this
Act, the head of each Executive department and agency is hereby
authorized to transfer to or reimburse ``General Services
Administration, Federal Citizen Services Fund'' with the approval of
the Director of the Office of Management and Budget, funds made
available for the current fiscal year by this or any other Act,
including rebates from charge card and other contracts: Provided, That
these funds, in addition to amounts otherwise available, shall be
administered by the Administrator of General Services to carry out the
purposes of the Federal Citizen Services Fund and to support
Government-wide and other multi-agency financial, information
technology, procurement, and other activities, including services
authorized by 44 U.S.C. 3604 and enabling Federal agencies to take
advantage of information technology in sharing information: Provided
further, That the total funds transferred or reimbursed shall not
exceed $29,000,000 for such purposes: Provided further, That the funds
transferred to or for reimbursement of ``General Services
Administration, Federal Citizen Services Fund'' during fiscal year 2026
shall remain available for obligation through September 30, 2027:
Provided further, That not later than 90 days after enactment of this
Act, the Administrator of General Services, in consultation with the
Director of the Office of Management and Budget, shall submit to the
Committees on Appropriations of the House of Representatives and the
Senate a detailed spend plan for the funds to be transferred or
reimbursed: Provided further, That the spend plan shall, at a minimum,
include: (i) the amounts currently in the funds authorized under this
section and the estimate of amounts to be transferred or reimbursed in
fiscal year 2026; (ii) a detailed breakdown of the purposes for all
funds estimated to be transferred or reimbursed pursuant to this
section (including total number of personnel and costs for all staff
whose salaries are provided for by this section); and (iii) where
applicable, a description of the funds intended for use by or for the
implementation of specific laws passed by Congress: Provided further,
That no transfers or reimbursements may be made pursuant to this
section until 15 days following notification of the Committees on
Appropriations of the House of Representatives and the Senate by the
Director of the Office of Management and Budget.
Sec. 753. Notwithstanding any other provision of law, the
unobligated balances of funds made available in division J of the
Infrastructure Investment and Jobs Act (Public Law 117-58) to any
department or agency funded by this or any other Act may be transferred
to the United States Fish and Wildlife Service and the National Marine
Fisheries Service for the costs of carrying out their responsibilities
under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) to
consult and conference, as required by section 7 of such Act, in
connection with activities and projects funded by Public Law 117-58:
Provided, That such transfers shall support activities and projects
executed by the department or agency making such transfer: Provided
further, That such transfers shall be approved by the head of such
department or agency making such transfer: Provided further, That each
department or agency shall provide notification to the Committees on
Appropriations of the House of Representatives and the Senate no less
than 30 days prior to such transfer: Provided further, That any such
transfers from the Department of Transportation, including from
agencies within the Department of Transportation, shall be from funding
provided for personnel, contracting, and other costs to administer and
oversee grants: Provided further, That amounts transferred pursuant to
this section shall be in addition to amounts otherwise available for
such purposes: Provided further, That the transfer authority provided
in this section shall be in addition to any other transfer authority
provided by law: Provided further, That amounts transferred pursuant
to this section shall continue to be treated as amounts specified in
section 103(b) of division A of Public Law 118-5.
Sec. 754. Except as expressly provided otherwise, any reference to
``this Act'' contained in any title other than title IV or VIII shall
not apply to such title IV or VIII.
TITLE VIII
GENERAL PROVISIONS--DISTRICT OF COLUMBIA
(including transfers of funds)
Sec. 801. There are appropriated from the applicable funds of the
District of Columbia such sums as may be necessary for making refunds
and for the payment of legal settlements or judgments that have been
entered against the District of Columbia government.
Sec. 802. None of the Federal funds provided in this Act shall be
used for publicity or propaganda purposes or implementation of any
policy including boycott designed to support or defeat legislation
pending before Congress or any State legislature.
Sec. 803. (a) None of the Federal funds provided under this Act to
the agencies funded by this Act, both Federal and District government
agencies, that remain available for obligation or expenditure in fiscal
year 2026, or provided from any accounts in the Treasury of the United
States derived by the collection of fees available to the agencies
funded by this Act, shall be available for obligation or expenditures
for an agency through a reprogramming of funds which--
(1) creates new programs;
(2) eliminates a program, project, or responsibility
center;
(3) establishes or changes allocations specifically denied,
limited or increased under this Act;
(4) increases funds or personnel by any means for any
program, project, or responsibility center for which funds have
been denied or restricted;
(5) re-establishes any program or project previously
deferred through reprogramming;
(6) augments any existing program, project, or
responsibility center through a reprogramming of funds in
excess of $3,000,000 or 10 percent, whichever is less; or
(7) increases by 20 percent or more personnel assigned to a
specific program, project or responsibility center, unless
prior approval is received from the Committees on
Appropriations of the House of Representatives and the Senate.
b
The District of Columbia government is authorized to approve
and execute reprogramming and transfer requests of local funds under
this title through November 7, 2026.
Sec. 804. None of the Federal funds provided in this Act may be
used by the District of Columbia to provide for salaries, expenses, or
other costs associated with the offices of United States Senator or
United States Representative under section 4(d) of the District of
Columbia Statehood Constitutional Convention Initiatives of 1979 (D.C.
Law 3-171; D.C. Official Code, sec. 1-123).
Sec. 805. Except as otherwise provided in this section, none of
the funds made available by this Act or by any other Act may be used to
provide any officer or employee of the District of Columbia with an
official vehicle unless the officer or employee uses the vehicle only
in the performance of the officer's or employee's official duties. For
purposes of this section, the term ``official duties'' does not include
travel between the officer's or employee's residence and workplace,
except in the case of--
(1) an officer or employee of the Metropolitan Police
Department who resides in the District of Columbia or is
otherwise designated by the Chief of the Department;
(2) at the discretion of the Fire Chief, an officer or
employee of the District of Columbia Fire and Emergency Medical
Services Department who resides in the District of Columbia and
is on call 24 hours a day;
(3) at the discretion of the Director of the Department of
Corrections, an officer or employee of the District of Columbia
Department of Corrections who resides in the District of
Columbia and is on call 24 hours a day;
(4) at the discretion of the Chief Medical Examiner, an
officer or employee of the Office of the Chief Medical Examiner
who resides in the District of Columbia and is on call 24 hours
a day;
(5) at the discretion of the Director of the Homeland
Security and Emergency Management Agency, an officer or
employee of the Homeland Security and Emergency Management
Agency who resides in the District of Columbia and is on call
24 hours a day;
(6) the Mayor of the District of Columbia; and
(7) the Chairman of the Council of the District of
Columbia.
Sec. 806. (a) None of the Federal funds contained in this Act may
be used by the District of Columbia Attorney General or any other
officer or entity of the District government to provide assistance for
any petition drive or civil action which seeks to require Congress to
provide for voting representation in Congress for the District of
Columbia.
b
Nothing in this section bars the District of Columbia Attorney
General from reviewing or commenting on briefs in private lawsuits, or
from consulting with officials of the District government regarding
such lawsuits.
Sec. 807. None of the Federal funds contained in this Act may be
used to distribute any needle or syringe for the purpose of preventing
the spread of blood borne pathogens in any location that has been
determined by the local public health or local law enforcement
authorities to be inappropriate for such distribution.
Sec. 808. Nothing in this Act may be construed to prevent the
Council or Mayor of the District of Columbia from addressing the issue
of the provision of contraceptive coverage by health insurance plans,
but it is the intent of Congress that any legislation enacted on such
issue should include a ``conscience clause'' which provides exceptions
for religious beliefs and moral convictions.
Sec. 809. (a) None of the Federal funds contained in this Act may
be used to enact or carry out any law, rule, or regulation to legalize
or otherwise reduce penalties associated with the possession, use, or
distribution of any schedule I substance under the Controlled
Substances Act (21 U.S.C. 801 et seq.) or any tetrahydrocannabinols
derivative.
b
No funds available for obligation or expenditure by the
District of Columbia government under any authority may be used to
enact any law, rule, or regulation to legalize or otherwise reduce
penalties associated with the possession, use, or distribution of any
schedule I substance under the Controlled Substances Act (21 U.S.C. 801
et seq.) or any tetrahydrocannabinols derivative for recreational
purposes.
Sec. 810. No funds available for obligation or expenditure by the
District of Columbia government under any authority shall be expended
for any abortion except where the life of the mother would be
endangered if the fetus were carried to term or where the pregnancy is
the result of an act of rape or incest.
Sec. 811. (a) No later than 30 calendar days after the date of the
enactment of this Act, the Chief Financial Officer for the District of
Columbia shall submit to the appropriate committees of Congress, the
Mayor, and the Council of the District of Columbia, a revised
appropriated funds operating budget in the format of the budget that
the District of Columbia government submitted pursuant to section 442
of the District of Columbia Home Rule Act (D.C. Official Code, sec. 1-
204.42), for all agencies of the District of Columbia government for
fiscal year 2026 that is in the total amount of the approved
appropriation and that realigns all budgeted data for personal services
and other-than-personal services, respectively, with anticipated actual
expenditures.
b
This section shall apply only to an agency for which the Chief
Financial Officer for the District of Columbia certifies that a
reallocation is required to address unanticipated changes in program
requirements.
Sec. 812. No later than 30 calendar days after the date of the
enactment of this Act, the Chief Financial Officer for the District of
Columbia shall submit to the appropriate committees of Congress, the
Mayor, and the Council for the District of Columbia, a revised
appropriated funds operating budget for the District of Columbia Public
Schools that aligns schools budgets to actual enrollment. The revised
appropriated funds budget shall be in the format of the budget that the
District of Columbia government submitted pursuant to section 442 of
the District of Columbia Home Rule Act (D.C. Official Code, sec. 1-
204.42).
Sec. 813. (a) Amounts appropriated in this Act as operating funds
may be transferred to the District of Columbia's enterprise and capital
funds and such amounts, once transferred, shall retain appropriation
authority consistent with the provisions of this Act.
b
The District of Columbia government is authorized to reprogram
or transfer for operating expenses any local funds transferred or
reprogrammed in this or the four prior fiscal years from operating
funds to capital funds, and such amounts, once transferred or
reprogrammed, shall retain appropriation authority consistent with the
provisions of this Act.
c
The District of Columbia government may not transfer or
reprogram for operating expenses any funds derived from bonds, notes,
or other obligations issued for capital projects.
Sec. 814. None of the Federal funds appropriated in this Act shall
remain available for obligation beyond the current fiscal year, nor may
any be transferred to other appropriations, unless expressly so
provided herein.
Sec. 815. Except as otherwise specifically provided by law or
under this Act, not to exceed 50 percent of unobligated balances
remaining available at the end of fiscal year 2026 from appropriations
of Federal funds made available for salaries and expenses for fiscal
year 2026 in this Act, shall remain available through September 30,
2027, for each such account for the purposes authorized: Provided,
That a request shall be submitted to the Committees on Appropriations
of the House of Representatives and the Senate for approval prior to
the expenditure of such funds: Provided further, That these requests
shall be made in compliance with reprogramming guidelines outlined in
section 803 of this Act.
Sec. 816. (a)(1) During fiscal year 2027, during a period in which
neither a District of Columbia continuing resolution or a regular
District of Columbia appropriation bill is in effect, local funds are
appropriated in the amount provided for any project or activity for
which local funds are provided in the Act referred to in paragraph (2)
(subject to any modifications enacted by the District of Columbia as of
the beginning of the period during which this subsection is in effect)
at the rate set forth by such Act.
(2) The Act referred to in this paragraph is the Act of the Council
of the District of Columbia pursuant to which a proposed budget is
approved for fiscal year 2027 which (subject to the requirements of the
District of Columbia Home Rule Act) will constitute the local portion
of the annual budget for the District of Columbia government for fiscal
year 2027 for purposes of section 446 of the District of Columbia Home
Rule Act (sec. 1-204.46, D.C. Official Code).
b
Appropriations made by subsection (a) shall cease to be
available--
(1) during any period in which a District of Columbia
continuing resolution for fiscal year 2027 is in effect; or
(2) upon the enactment into law of the regular District of
Columbia appropriation bill for fiscal year 2027.
c
An appropriation made by subsection (a) is provided under the
authority and conditions as provided under this Act and shall be
available to the extent and in the manner that would be provided by
this Act.
d
An appropriation made by subsection (a) shall cover all
obligations or expenditures incurred for such project or activity
during the portion of fiscal year 2027 for which this section applies
to such project or activity.
e
This section shall not apply to a project or activity during
any period of fiscal year 2027 if any other provision of law (other
than an authorization of appropriations)--
(1) makes an appropriation, makes funds available, or
grants authority for such project or activity to continue for
such period; or
(2) specifically provides that no appropriation shall be
made, no funds shall be made available, or no authority shall
be granted for such project or activity to continue for such
period.
f
Nothing in this section shall be construed to affect
obligations of the government of the District of Columbia mandated by
other law.
Sec. 817. (a) During fiscal year 2027, during a period in which a
continuing resolution is in effect, including a continuing resolution
that is in effect through the end of the fiscal year, if the continuing
resolution does not include a provision that, by specific and explicit
reference to the District of Columbia, establishes a specific and
separately identified appropriation for the District of Columbia, the
District of Columbia is appropriated and may expend local funds in the
amounts set forth under the heading ``District of Columbia--District of
Columbia Funds'' in the Act referred to in subsection (b) (subject to
any modifications enacted by the District of Columbia as of the
beginning of the period during which this section is in effect) for
such programs and activities for which local funds are provided in such
Act at the rates set forth by such Act.
b
The Act referred to in subsection (a) is the Act of the Council
of the District of Columbia pursuant to which a proposed budget is
approved for fiscal year 2027 which (subject to the requirements of the
District of Columbia Home Rule Act) will constitute the local portion
of the annual budget for the District of Columbia government for fiscal
year 2027 for purposes of section 446 of the District of Columbia Home
Rule Act (sec. 1-204.46, D.C. Official Code).
c
Amounts appropriated by subsection (a) are provided under the
authority and conditions as provided under this Act and shall be
available to the extent and in the manner that would be provided by
this Act.
Sec. 818. (a) Section 244 of the Revised Statutes of the United
States relating to the District of Columbia (sec. 9-1201.03, D.C.
Official Code) does not apply with respect to any railroads installed
pursuant to the Long Bridge Project.
b
In this section, the term ``Long Bridge Project'' means the
project carried out by the District of Columbia and the Commonwealth of
Virginia to construct a new Long Bridge adjacent to the existing Long
Bridge over the Potomac River, including related infrastructure and
other related projects, to expand commuter and regional passenger rail
service and to provide bike and pedestrian access crossings over the
Potomac River.
Sec. 819. Not later than 45 days after the last day of each
quarter, each Federal and District government agency appropriated
Federal funds in this Act shall submit to the Committees on
Appropriations of the House of Representatives and the Senate a
quarterly budget report that includes total obligations of the Agency
for that quarter for each Federal funds appropriation provided in this
Act, by the source year of the appropriation.
Sec. 820. The District of Columbia College Access Act of 1999
(sec. 38-2701 et seq., D.C. Official Code), is amended--
(1) in section 3--
(A) in subsection (a)(2)(A), by striking
``$10,000'' and inserting ``$15,000'';
(B) in subsection (a)(2)(B), by striking
``$50,000'' and inserting ``$75,000''; and
(C) in subsection (b)(1)--
i
in subparagraph (A), by striking ``;
and'' and inserting a semicolon;
(ii) by redesignating subparagraph (B) as
subparagraph (C);
(iii) by inserting after subparagraph (A)
the following new subparagraph: ``(B) after
making reductions under subparagraph (A),
ratably reduce the amount of the tuition and
fee payment of each eligible student who
receives more than $10,000 for the award year;
and''; and
(iv) in subparagraph (C), as so
redesignated, by striking ``subparagraph (A)''
and inserting ``subparagraph (B)''; and
(2) in section 5--
(A) in subsection (a)(2)(A), by striking ``$2,500''
and inserting ``$3,750'';
(B) in subsection (a)(2)(B), by striking
``$12,500'' and inserting ``$18,750''; and
(C) in subsection (b)(1)--
i
in subparagraph (A), by striking ``;
and'' and inserting a semicolon;
(ii) by redesignating subparagraph (B) as
subparagraph (C);
(iii) by inserting after subparagraph (A)
the following new subparagraph: ``(B) after
making reductions under subparagraph (A),
ratably reduce the amount of the tuition and
fee payment of each eligible student who
receives more than $2,500 for the award year;
and''; and
(iv) in subparagraph (C), as so
redesignated, by striking ``subparagraph (A)''
and inserting ``subparagraph (B)''.
Sec. 821. Except as expressly provided otherwise, any reference to
``this Act'' contained in this title or in title IV shall be treated as
referring only to the provisions of this title or of title IV.
This division may be cited as the ``Financial Services and General
Government Appropriations Act, 2026''.
DIVISION F--NATIONAL SECURITY, DEPARTMENT OF STATE, AND RELATED
PROGRAMS APPROPRIATIONS ACT, 2026
TITLE I
DEPARTMENT OF STATE AND RELATED PROGRAMS
DEPARTMENT OF STATE
Administration of Foreign Affairs
diplomatic programs
For necessary expenses of the Department of State and the Foreign
Service not otherwise provided for, $9,358,236,000, of which
$839,910,000 may remain available until September 30, 2027, and of
which up to $3,758,836,000 may remain available until expended for
Worldwide Security Protection: Provided, That funds made available
under this heading shall be allocated in accordance with paragraphs (1)
through (4), as follows:
(1) Human resources.--For necessary expenses for training,
human resources management, and salaries, including employment
without regard to civil service and classification laws of
persons on a temporary basis (not to exceed $700,000), as
authorized by section 801 of the United States Information and
Educational Exchange Act of 1948 (62 Stat. 11; Chapter 36),
$3,987,233,000, of which up to $724,204,000 is for Worldwide
Security Protection.
(2) Overseas programs.--For necessary expenses for the
regional bureaus of the Department of State and overseas
activities as authorized by law, $1,437,707,000.
(3) Diplomatic policy and support.--For necessary expenses
for the functional bureaus of the Department of State,
including representation to certain international organizations
in which the United States participates pursuant to treaties
ratified pursuant to the advice and consent of the Senate or
specific Acts of Congress, general administration, and arms
control, nonproliferation, and disarmament activities as
authorized, $871,645,000.
(4) Security programs.--For necessary expenses for security
activities, $3,061,651,000, of which up to $3,034,632,000 is
for Worldwide Security Protection.
(5) Reprogramming.--Notwithstanding any other provision of
this Act, funds may be reprogrammed within and between
paragraphs (1) through (4) under this heading subject to
section 7015 of this Act.
consular and border security programs
Of the amounts deposited in the Consular and Border Security
Programs account in this or any prior fiscal year pursuant to section
7069(e) of the Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2022 (division K of Public Law 117-103),
$513,000,000 shall be available until expended for the purposes of such
account, including to reduce passport backlogs and reduce visa wait
times: Provided, That the Secretary of State may by regulation
authorize State officials or the United States Postal Service to
collect and retain the execution fee for each application for a
passport accepted by such officials or by that Service.
capital investment fund
For necessary expenses of the Capital Investment Fund, as
authorized, $399,700,000, to remain available until expended.
office of inspector general
For necessary expenses of the Office of Inspector General of the
Department of State as established by section 402(a)(1) of title 5,
United States Code, $135,550,000, of which $20,333,000 may remain
available until September 30, 2027: Provided, That of the funds
appropriated under this heading, up to $6,000,000 may remain available
until September 30, 2026 for the Special Inspector General for
Afghanistan Reconstruction: Provided further, That funds appropriated
under this heading are made available notwithstanding section 209(a)(1)
of the Foreign Service Act of 1980 (22 U.S.C. 3929(a)(1)), as it
relates to post inspections.
educational and cultural exchange programs
For necessary expenses of educational and cultural exchange
programs, as authorized, $667,000,000, to remain available until
expended, of which not less than $273,410,000 shall be for the
Fulbright Program, not less than $16,150,000 shall be for the Benjamin
Gilman International Scholarships Program, not less than $99,750,000
shall be for the International Visitor Leadership Program, and not less
than $35,630,000 shall be for the Young Leaders Initiatives: Provided,
That fees or other payments received from, or in connection with,
English teaching, educational advising and counseling programs, and
exchange visitor programs as authorized may be credited to this
account, to remain available until expended: Provided further, That a
portion of the Fulbright awards from the Eurasia and Central Asia
regions shall be designated as Edmund S. Muskie Fellowships, following
consultation with the Committees on Appropriations: Provided further,
That funds appropriated under this heading that are made available for
the Benjamin Gilman International Scholarships Program shall also be
made available for the John S. McCain Scholars Program, pursuant to
section 7075 of the Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2019 (division F of Public Law
116-6): Provided further, That not later than 30 days after the date
of enactment of this Act, the Secretary of State shall consult with the
Committees on Appropriations on the allocation of funds made available
under this heading by program, project, and activity: Provided
further, That any substantive modifications from the prior fiscal year
to programs funded under this heading in this Act, including program
consolidation and closures, changes to eligibility criteria and
geographic scope, and implementing partners, shall be subject to prior
consultation with, and the regular notification procedures of, the
Committees on Appropriations: Provided further, That funds
appropriated under this heading shall be apportioned to the Department
of State not later than 60 days after the date of enactment of this
Act.
representation expenses
For representation expenses as authorized, $10,000,000.
protection of foreign missions and officials
For necessary expenses, not otherwise provided, to enable the
Secretary of State to provide for extraordinary protective services, as
authorized, $30,890,000, to remain available until September 30, 2027.
embassy security, construction, and maintenance
For necessary expenses for carrying out the Foreign Service
Buildings Act of 1926 (22 U.S.C. 292 et seq.), preserving, maintaining,
repairing, and planning for real property that are owned or leased by
the Department of State, and renovating, in addition to funds otherwise
available, the Harry S Truman Building, $812,836,000, to remain
available until September 30, 2030, of which not to exceed $25,000 may
be used for overseas representation expenses as authorized: Provided,
That none of the funds appropriated in this paragraph shall be
available for acquisition of furniture, furnishings, or generators for
other departments and agencies of the United States Government.
In addition, for the costs of worldwide security upgrades,
acquisition, and construction as authorized, $1,199,856,000, to remain
available until expended.
emergencies in the diplomatic and consular service
For necessary expenses to enable the Secretary of State to meet
unforeseen emergencies arising in the Diplomatic and Consular Service,
as authorized, $8,885,000, to remain available until expended, of which
not to exceed $1,000,000 may be transferred to, and merged with, funds
appropriated by this Act under the heading ``Repatriation Loans Program
Account''.
repatriation loans program account
For the cost of direct loans, $2,550,000, as authorized: Provided,
That such costs, including the cost of modifying such loans, shall be
as defined in section 502 of the Congressional Budget Act of 1974:
Provided further, That such funds are available to subsidize gross
obligations for the principal amount of direct loans not to exceed
$5,520,137.
payment to the american institute in taiwan
For necessary expenses to carry out the Taiwan Relations Act
(Public Law 96-8), $35,964,000.
international center, washington, district of columbia
Not to exceed $1,917,178 shall be derived from fees collected from
other executive agencies for lease or use of facilities at the
International Center in accordance with section 4 of the International
Center Act (Public Law 90-553), and, in addition, as authorized by
section 5 of such Act, $745,000, to be derived from the reserve
authorized by such section, to be used for the purposes set out in that
section.
payment to the foreign service retirement and disability fund
For payment to the Foreign Service Retirement and Disability Fund,
as authorized, $60,000,000.
International Organizations
contributions to international organizations
For necessary expenses, not otherwise provided for, to meet annual
obligations of membership in international multilateral organizations,
pursuant to treaties ratified pursuant to the advice and consent of the
Senate, conventions, or specific Acts of Congress, $1,389,152,000, of
which $96,240,000 may remain available until September 30, 2027:
Provided, That the Secretary of State shall, at the time of the
submission of the President's budget to Congress under section 1105(a)
of title 31, United States Code, transmit to the Committees on
Appropriations the most recent biennial budget prepared by the United
Nations for the operations of the United Nations: Provided further,
That the Secretary of State shall notify the Committees on
Appropriations at least 15 days in advance (or in an emergency, as far
in advance as is practicable) of any United Nations action to increase
funding for any United Nations program without identifying an
offsetting decrease elsewhere in the United Nations budget: Provided
further, That any payment of arrearages under this heading shall be
directed to activities that are mutually agreed upon by the United
States and the respective international organization and shall be
subject to the regular notification procedures of the Committees on
Appropriations: Provided further, That none of the funds appropriated
under this heading shall be available for a United States contribution
to an international organization for the United States share of
interest costs made known to the United States Government by such
organization for loans incurred on or after October 1, 1984, through
external borrowings.
contributions for international peacekeeping activities
For necessary expenses to pay assessed and other expenses of
international peacekeeping activities directed to the maintenance or
restoration of international peace and security, $1,230,667,000, of
which $615,334,000 may remain available until September 30, 2027:
Provided, That none of the funds made available by this Act shall be
obligated or expended for any new or expanded United Nations
peacekeeping mission unless, at least 15 days in advance of voting for
such mission in the United Nations Security Council (or in an emergency
as far in advance as is practicable), the Committees on Appropriations
are notified of: (1) the estimated cost and duration of the mission,
the objectives of the mission, the national interest that will be
served, and the exit strategy; and (2) the sources of funds, including
any reprogrammings or transfers, that will be used to pay the cost of
the new or expanded mission, and the estimated cost in future fiscal
years: Provided further, That none of the funds appropriated under
this heading may be made available for obligation unless the Secretary
of State certifies and reports to the Committees on Appropriations on a
peacekeeping mission-by-mission basis that the United Nations is
implementing effective policies and procedures to prevent United
Nations employees, contractor personnel, and peacekeeping troops
serving in such mission from trafficking in persons, exploiting victims
of trafficking, or committing acts of sexual exploitation and abuse or
other violations of human rights, and to hold accountable individuals
who engage in such acts while participating in such mission, including
prosecution in their home countries and making information about such
prosecutions publicly available on the website of the United Nations:
Provided further, That the Secretary of State shall work with the
United Nations and foreign governments contributing peacekeeping troops
to implement effective vetting procedures to ensure that such troops
have not violated human rights: Provided further, That funds shall be
available for peacekeeping expenses unless the Secretary of State
determines that United States manufacturers and suppliers are not being
given opportunities to provide equipment, services, and material for
United Nations peacekeeping activities equal to those being given to
foreign manufacturers and suppliers: Provided further, That none of
the funds appropriated or otherwise made available under this heading
may be used for any United Nations peacekeeping mission that will
involve United States Armed Forces under the command or operational
control of a foreign national, unless the President's military advisors
have submitted to the President a recommendation that such involvement
is in the national interest of the United States and the President has
submitted to Congress such a recommendation: Provided further, That
any payment of arrearages with funds appropriated by this Act shall be
subject to the regular notification procedures of the Committees on
Appropriations.
International Commissions
For necessary expenses, not otherwise provided for, to meet
obligations of the United States arising under treaties, or specific
Acts of Congress, as follows:
international boundary and water commission, united states and mexico
For necessary expenses for the United States Section of the
International Boundary and Water Commission, United States and Mexico,
and to comply with laws applicable to the United States Section,
including not to exceed $6,000 for representation expenses, as follows:
salaries and expenses
For salaries and expenses, not otherwise provided for, $67,300,000,
of which $10,095,000 may remain available until September 30, 2027.
In addition, for expenses necessary to carry out paragraph (3) of
section 5602(b) of the National Defense Authorization Act for Fiscal
Year 2024 (Public Law 118-31), $12,500,000, to remain available until
expended.
construction
For detailed plan preparation and construction of authorized
projects, $78,000,000, to remain available until expended, as
authorized: Provided, That the operating plan required by section
7062(a) of this Act shall include, for each construction project, the
expected scope, timeline, and total cost, including out-year cost
estimates for construction and operations and maintenance requirements:
Provided further, That of the funds appropriated under this heading in
this Act and prior Acts making appropriations for the Department of
State, foreign operations, and related programs for the United States
Section, up to $5,000,000 may be transferred to, and merged with, funds
appropriated under the heading ``Salaries and Expenses'' to carry out
the purposes of the United States Section, which shall be subject to
prior consultation with, and the regular notification procedures of,
the Committees on Appropriations: Provided further, That such transfer
authority is in addition to any other transfer authority provided in
this Act.
american sections, international commissions
For necessary expenses, not otherwise provided, for the
International Joint Commission and the International Boundary
Commission, United States and Canada, as authorized by treaties between
the United States and Canada or Great Britain, and for grant programs
of the North American Development Bank, including technical assistance
grants and the Community Assistance Program, $18,204,000: Provided,
That of the amount provided under this heading for the International
Joint Commission, up to $1,250,000 may remain available until September
30, 2027, and up to $9,000 may be made available for representation
expenses: Provided further, That of the amount provided under this
heading for the International Boundary Commission, up to $1,000 may be
made available for representation expenses.
international fisheries commissions
For necessary expenses for international fisheries commissions, not
otherwise provided for, as authorized by law, $68,570,000: Provided,
That the United States share of such expenses may be advanced to the
respective commissions pursuant to section 3324 of title 31, United
States Code.
RELATED AGENCY
United States Agency for Global Media
international broadcasting operations
For necessary expenses to enable the United States Agency for
Global Media (USAGM), as authorized, to carry out international
communication activities, and to make and supervise grants for radio,
Internet, and television broadcasting to the Middle East, $643,000,000:
Provided, That in addition to amounts otherwise available for such
purposes, up to $72,720,000 of the amount appropriated under this
heading may remain available until expended for satellite
transmissions, global network distribution, and Internet freedom
programs: Provided further, That of the total amount appropriated
under this heading, not to exceed $35,000 may be used for
representation expenses, of which $10,000 may be used for such expenses
within the United States as authorized, and not to exceed $30,000 may
be used for representation expenses of Radio Free Europe/Radio Liberty:
Provided further, That of the funds appropriated under this heading,
not less than $30,000,000 shall be made available for the Office of
Cuba Broadcasting (OCB): Provided further, That funds made available
pursuant to the previous proviso shall be made available for medium-
and short-wave broadcasting at not less than the fiscal year 2024 level
and in a manner able to reach all provinces in Cuba with daily
programming: Provided further, That funds appropriated under this
heading shall be allocated in accordance with the table included under
this heading in the explanatory statement described in section 4 (in
the matter preceding division A of this consolidated Act): Provided
further, That notwithstanding the previous proviso, funds may be
reprogrammed within and between amounts designated in such table,
subject to the regular notification procedures of the Committees on
Appropriations, except that no such reprogramming may reduce a
designated amount by more than 10 percent: Provided further, That if a
subsequent Act of Congress results in a reorganization or restructuring
of the programs or authorities funded under this heading such that the
allocations set forth in such table can no longer be applied as
written, such allocations shall be available for reprogramming among
such programs or authorities, consistent with such Act, subject to
prior consultation with, and the regular notification procedures of,
the Committees on Appropriations: Provided further, That the USAGM
Chief Executive Officer shall notify the Committees on Appropriations
within 15 days of any determination by the USAGM that any of its
broadcast entities, including its grantee organizations, provides an
open platform for international terrorists or those who support
international terrorism: Provided further, That in addition to funds
made available under this heading, and notwithstanding any other
provision of law, up to $5,000,000 in receipts from advertising and
revenue from business ventures, up to $500,000 in receipts from
cooperating international organizations, and up to $1,000,000 in
receipts from privatization efforts of the Voice of America and the
International Broadcasting Bureau, shall remain available until
expended for carrying out authorized purposes: Provided further, That
significant modifications to USAGM broadcast hours previously justified
to Congress, including changes to transmission platforms (shortwave,
medium wave, satellite, Internet, and television), for all USAGM
language services shall be subject to the regular notification
procedures of the Committees on Appropriations.
broadcasting capital improvements
For the purchase, rent, construction, repair, preservation, and
improvement of facilities for radio, television, and digital
transmission and reception; the purchase, rent, and installation of
necessary equipment for radio, television, and digital transmission and
reception, including to Cuba, as authorized; and physical security
worldwide, in addition to amounts otherwise available for such
purposes, $9,700,000, to remain available until expended, as
authorized.
RELATED PROGRAMS
The Asia Foundation
For a grant to The Asia Foundation, as authorized by The Asia
Foundation Act (22 U.S.C. 4402), $20,000,000, to remain available until
expended: Provided, That funds appropriated under this heading for
such grant shall be apportioned to the Foundation not later than 60
days after the date of enactment of this Act.
United States Institute of Peace
For necessary expenses of the United States Institute of Peace, as
authorized by the United States Institute of Peace Act (22 U.S.C. 4601
et seq.), $20,000,000, to remain available until September 30, 2027,
which shall not be used for construction activities.
Center for Middle Eastern-Western Dialogue Trust Fund
For necessary expenses of the Center for Middle Eastern-Western
Dialogue Trust Fund, as authorized by section 633 of the Departments of
Commerce, Justice, and State, the Judiciary, and Related Agencies
Appropriations Act, 2004 (22 U.S.C. 2078), the total amount of the
interest and earnings accruing to such Fund on or before September 30,
2026, to remain available until expended.
Eisenhower Exchange Fellowship Program
For necessary expenses of Eisenhower Exchange Fellowships,
Incorporated, as authorized by sections 4 and 5 of the Eisenhower
Exchange Fellowship Act of 1990 (20 U.S.C. 5204-5205), all interest and
earnings accruing to the Eisenhower Exchange Fellowship Program Trust
Fund on or before September 30, 2026, to remain available until
expended: Provided, That none of the funds appropriated herein shall
be used to pay any salary or other compensation, or to enter into any
contract providing for the payment thereof, in excess of the rate
authorized by section 5376 of title 5, United States Code; or for
purposes which are not in accordance with section 200 of title 2 of the
Code of Federal Regulations, including the restrictions on compensation
for personal services.
Israeli Arab Scholarship Program
For necessary expenses of the Israeli Arab Scholarship Program, as
authorized by section 214 of the Foreign Relations Authorization Act,
Fiscal Years 1992 and 1993 (22 U.S.C. 2452 note), all interest and
earnings accruing to the Israeli Arab Scholarship Fund on or before
September 30, 2026, to remain available until expended.
East-West Center
To enable the Secretary of State to provide for carrying out the
provisions of the Center for Cultural and Technical Interchange Between
East and West Act of 1960, by grant to the Center for Cultural and
Technical Interchange Between East and West in the State of Hawaii,
$22,000,000: Provided, That funds appropriated under this heading for
such grant shall be apportioned to the Center not later than 60 days
after the date of enactment of this Act.
National Endowment for Democracy
For grants made by the Department of State to the National
Endowment for Democracy, as authorized by the National Endowment for
Democracy Act (22 U.S.C. 4412), $315,000,000, to remain available until
expended, of which $210,316,000 shall be allocated in the traditional
and customary manner, including for the core institutes, and
$104,684,000 shall be for democracy programs: Provided, That the
requirements of section 7062(a) of this Act shall not apply to funds
made available under this heading: Provided further, That funds
appropriated under this heading shall be apportioned to the Endowment
not later than 60 days after the date of enactment of this Act.
OTHER COMMISSIONS
Commission for the Preservation of America's Heritage Abroad
salaries and expenses
For necessary expenses for the Commission for the Preservation of
America's Heritage Abroad, as authorized by chapter 3123 of title 54,
United States Code, $770,000, of which $116,000 may remain available
until September 30, 2027: Provided, That the Commission may procure
temporary, intermittent, and other services notwithstanding paragraph
(3) of section 312304(b) of such chapter: Provided further, That such
authority shall terminate on October 1, 2026: Provided further, That
the Commission shall notify the Committees on Appropriations prior to
exercising such authority.
United States Commission on International Religious Freedom
salaries and expenses
For necessary expenses for the United States Commission on
International Religious Freedom, as authorized by title II of the
International Religious Freedom Act of 1998 (22 U.S.C. 6431 et seq.),
$4,000,000, to remain available until September 30, 2027, including not
more than $4,000 for representation expenses.
Commission on Security and Cooperation in Europe
salaries and expenses
For necessary expenses of the Commission on Security and
Cooperation in Europe, as authorized by Public Law 94-304 (22 U.S.C.
3001 et seq.), $3,059,000, including not more than $6,000 for
representation expenses, to remain available until September 30, 2027.
Congressional-Executive Commission on the People's Republic of China
salaries and expenses
For necessary expenses of the Congressional-Executive Commission on
the People's Republic of China, as authorized by title III of the U.S.-
China Relations Act of 2000 (22 U.S.C. 6911 et seq.), $2,300,000,
including not more than $3,000 for representation expenses, to remain
available until September 30, 2027.
United States-China Economic and Security Review Commission
salaries and expenses
For necessary expenses of the United States-China Economic and
Security Review Commission, as authorized by section 1238 of the Floyd
D. Spence National Defense Authorization Act for Fiscal Year 2001 (22
U.S.C. 7002), $4,000,000, including not more than $4,000 for
representation expenses, to remain available until September 30, 2027:
Provided, That the authorities, requirements, limitations, and
conditions contained in the second through fifth provisos under this
heading in the Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2010 (division F of Public Law 111-117)
shall continue in effect during fiscal year 2026 and shall apply to
funds appropriated under this heading.
House Democracy Partnership
salaries and expenses
For necessary expenses of the House Democracy Partnership
established pursuant to House Resolution 24, One Hundred Tenth
Congress, as carried forward by House Resolution 5, One Hundred
Nineteenth Congress, $2,300,000: Provided, That funds appropriated
under this heading shall be apportioned to the House Democracy
Partnership not later than 60 days after the date of enactment of this
Act.
TITLE II
ADMINISTRATION OF ASSISTANCE
Funds Appropriated to the President
operating expenses
For necessary expenses to carry out the provisions of section 667
of the Foreign Assistance Act of 1961, $111,988,000.
office of inspector general
For the necessary expenses of the Office of Inspector General with
continued oversight jurisdiction for foreign assistance programs
administered by the agency primarily responsible for administering part
I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) and
whose oversight activities were funded under title II of prior Acts
making appropriations for the Department of State, foreign operations,
and related programs, $62,500,000, of which $9,375,000 may remain
available until September 30, 2027, in accordance with section 409 of
title 5, United States Code, section 614(f) of the Millennium Challenge
Act of 2003 (22 U.S.C. 7713(f)) and section 8A(a) of the Inspector
General Act of 1978 (as enacted into law by section 1000(a) of Public
Law 106-113), as well as section 401 of the Inter-American Foundation
Act (22 U.S.C. 290f), and section 505 of the African Development
Foundation Act (22 U.S.C. 290h).
TITLE III
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
For necessary expenses to enable the President to carry out the
provisions of the Foreign Assistance Act of 1961, and for other
purposes, as follows:
global health programs
For necessary expenses to carry out the provisions of chapters 1
and 10 of part I of the Foreign Assistance Act of 1961, for global
health activities, in addition to funds otherwise available for such
purposes, $3,531,975,000, to remain available until September 30, 2027,
and which shall be apportioned directly to the Department of State:
Provided, That this amount shall be made available for training,
equipment, and technical assistance to build the capacity of public
health institutions and organizations in developing countries, and for
such activities as: (1) child survival and maternal health programs;
(2) immunization and oral rehydration programs; (3) other health,
nutrition, water and sanitation programs which directly address the
needs of mothers and children, and related education programs; (4)
assistance for children displaced or orphaned by causes other than
AIDS; (5) programs for the prevention, treatment, control of, and
research on HIV/AIDS, tuberculosis, polio, malaria, and other
infectious diseases including neglected tropical diseases, and for
assistance to communities severely affected by HIV/AIDS, including
children infected or affected by AIDS; (6) disaster preparedness
training for health crises; (7) programs to prevent, prepare for, and
respond to unanticipated and emerging global health threats, including
zoonotic diseases; and (8) family planning/reproductive health:
Provided further, That funds appropriated under this paragraph may be
made available for United States contributions to The GAVI Alliance and
to a multilateral vaccine development partnership to support epidemic
preparedness: Provided further, That funds made available pursuant to
the previous proviso shall remain available until September 30, 2026:
Provided further, That none of the funds made available in this Act nor
any unobligated balances from prior appropriations Acts may be made
available to any organization or program which, as determined by the
President of the United States, supports or participates in the
management of a program of coercive abortion or involuntary
sterilization: Provided further, That any determination made under the
previous proviso must be made not later than 6 months after the date of
enactment of this Act, and must be accompanied by the evidence and
criteria utilized to make the determination: Provided further, That
none of the funds made available under this Act may be used to pay for
the performance of abortion as a method of family planning or to
motivate or coerce any person to practice abortions: Provided further,
That nothing in this paragraph shall be construed to alter any existing
statutory prohibitions against abortion under section 104 of the
Foreign Assistance Act of 1961: Provided further, That none of the
funds made available under this Act may be used to lobby for or against
abortion: Provided further, That in order to reduce reliance on
abortion in developing nations, funds shall be available only to
voluntary family planning projects which offer, either directly or
through referral to, or information about access to, a broad range of
family planning methods and services, and that any such voluntary
family planning project shall meet the following requirements: (1)
service providers or referral agents in the project shall not implement
or be subject to quotas, or other numerical targets, of total number of
births, number of family planning acceptors, or acceptors of a
particular method of family planning (this provision shall not be
construed to include the use of quantitative estimates or indicators
for budgeting and planning purposes); (2) the project shall not include
payment of incentives, bribes, gratuities, or financial reward to: (A)
an individual in exchange for becoming a family planning acceptor; or
(B) program personnel for achieving a numerical target or quota of
total number of births, number of family planning acceptors, or
acceptors of a particular method of family planning; (3) the project
shall not deny any right or benefit, including the right of access to
participate in any program of general welfare or the right of access to
health care, as a consequence of any individual's decision not to
accept family planning services; (4) the project shall provide family
planning acceptors comprehensible information on the health benefits
and risks of the method chosen, including those conditions that might
render the use of the method inadvisable and those adverse side effects
known to be consequent to the use of the method; and (5) the project
shall ensure that experimental contraceptive drugs and devices and
medical procedures are provided only in the context of a scientific
study in which participants are advised of potential risks and
benefits; and, not less than 60 days after the date on which the
Secretary of State determines that there has been a violation of the
requirements contained in paragraph (1), (2), (3), or (5) of this
proviso, or a pattern or practice of violations of the requirements
contained in paragraph (4) of this proviso, the Secretary shall submit
to the Committees on Appropriations a report containing a description
of such violation and the corrective action taken by the Department:
Provided further, That in awarding grants for natural family planning
under section 104 of the Foreign Assistance Act of 1961 no applicant
shall be discriminated against because of such applicant's religious or
conscientious commitment to offer only natural family planning; and,
additionally, all such applicants shall comply with the requirements of
the previous proviso: Provided further, That for purposes of this Act
or any other Act authorizing or appropriating funds for the Department
of State, foreign operations, and related programs, the term
``motivate'', as it relates to family planning assistance, shall not be
construed to prohibit the provision, consistent with local law, of
information or counseling about all pregnancy options: Provided
further, That information provided about the use of condoms as part of
projects or activities that are funded from amounts appropriated by
this Act shall be medically accurate and shall include the public
health benefits and failure rates of such use.
In addition, for necessary expenses to carry out the provisions of
the Foreign Assistance Act of 1961 for the prevention, treatment, and
control of, and research on, HIV/AIDS, $5,883,800,000, to remain
available until September 30, 2030, which shall be apportioned directly
to the Department of State: Provided, That funds appropriated under
this paragraph may be made available, notwithstanding any other
provision of law, except for the United States Leadership Against HIV/
AIDS, Tuberculosis, and Malaria Act of 2003 (Public Law 108-25), for a
United States contribution to the Global Fund to Fight AIDS,
Tuberculosis and Malaria (Global Fund): Provided further, That the
amount of such contribution shall be $1,250,000,000: Provided further,
That of the funds appropriated under this paragraph, up to $22,000,000
may be made available, in addition to amounts otherwise available for
such purposes, for administrative expenses of the United States Global
AIDS Coordinator.
international humanitarian assistance
For necessary expenses to enable the Secretary of State to carry
out the provisions of section 491 of the Foreign Assistance Act of 1961
for international disaster relief, rehabilitation, and reconstruction
assistance; section 2(a) and (b) of the Migration and Refugee
Assistance Act of 1962 (22 U.S.C. 2601), and other activities to meet
refugee and migration needs; salaries and expenses of personnel and
dependents as authorized by the Foreign Service Act of 1980 (22 U.S.C.
3901 et seq.); allowances as authorized by sections 5921 through 5925
of title 5, United States Code; purchase and hire of passenger motor
vehicles; and services as authorized by section 3109 of title 5, United
States Code, $5,400,000,000, to remain available until expended, of
which not less than $6,500,000 shall be made available for refugees
resettling in Israel: Provided, That consistent with section 491(d) of
the Foreign Assistance Act of 1961, funds made available under this
heading shall be prioritized to reach those most in need of relief and
rehabilitation because of natural and manmade disasters: Provided
further, That of the funds appropriated under this paragraph, not less
than $2,970,000,000 shall be made available to carry out the provisions
of section 491 of the Foreign Assistance Act of 1961: Provided
further, That funds appropriated under this heading shall be
apportioned to the Department of State not later than 60 days after the
date of enactment of this Act: Provided further, That not later than
30 days after the date of enactment of this Act and at the start of
each quarter thereafter until September 30, 2027, the Secretary of
State shall submit a spend plan to the Committees on Appropriations
detailing the planned uses of funds, obligations, and disbursements as
described under this heading in the explanatory statement described in
section 4 (in the matter preceding division A of this consolidated
Act).
united states emergency refugee and migration assistance fund
For necessary expenses to carry out the provisions of section 2(c)
of the Migration and Refugee Assistance Act of 1962 (22 U.S.C.
2601(c)), $100,000,000, to remain available until expended: Provided,
That amounts made available by this Act that are in excess of the
limitation contained in paragraph (2) of such section shall be
transferred to, and merged with, funds made available by this Act under
the heading ``International Humanitarian Assistance''.
national security investment programs
For necessary expenses to carry out the provisions of sections 103,
105, 106, 214, and sections 251 through 255, and chapter 10 of part I
and chapter 4 of part II of the Foreign Assistance Act of 1961, the
FREEDOM Support Act (Public Law 102-511), and the Support for East
European Democracy (SEED) Act of 1989 (Public Law 101-179),
$6,766,874,000, of which not less than fifteen percent of amounts made
available under this heading shall be made available for programs in
Africa, to remain available until September 30, 2027: Provided, That
funds appropriated under this heading shall be apportioned to the
Department of State not later than 60 days after the date of enactment
of this Act.
democracy fund
For necessary expenses to carry out the provisions of the Foreign
Assistance Act of 1961 for the promotion of democracy globally,
including to carry out the purposes of section 502(b)(3) and (5) of
Public Law 98-164 (22 U.S.C. 4411), $205,200,000, to remain available
until September 30, 2027, which shall be made available for the Human
Rights and Democracy Fund of the Bureau of Democracy, Human Rights, and
Labor, Department of State: Provided, That funds appropriated under
this heading that are made available to the National Endowment for
Democracy and its core institutes are in addition to amounts otherwise
made available by this Act for such purposes: Provided further, That
the Assistant Secretary for Democracy, Human Rights, and Labor,
Department of State, shall consult with the Committees on
Appropriations prior to the initial obligation of funds appropriated
under this paragraph: Provided further, That funds appropriated under
this heading shall be apportioned to the Department of State not later
than 60 days after the date of enactment of this Act.
Independent Agencies
peace corps
(including transfer of funds)
For necessary expenses to carry out the provisions of the Peace
Corps Act (22 U.S.C. 2501 et seq.), including the purchase of not to
exceed five passenger motor vehicles for administrative purposes for
use outside of the United States, $410,500,000, of which $7,800,000 is
for the Office of Inspector General, to remain available until
September 30, 2027: Provided, That the Director of the Peace Corps may
transfer to the Foreign Currency Fluctuations Account, as authorized by
section 16 of the Peace Corps Act (22 U.S.C. 2515), an amount not to
exceed $5,000,000: Provided further, That funds transferred pursuant
to the previous proviso may not be derived from amounts made available
for Peace Corps overseas operations: Provided further, That of the
funds appropriated under this heading, not to exceed $104,000 may be
available for representation expenses, of which not to exceed $4,000
may be made available for entertainment expenses: Provided further,
That in addition to the requirements under section 7015(a) of this Act,
the Peace Corps shall consult with the Committees on Appropriations
prior to any decision to open, close, or suspend a domestic or overseas
office or a country program unless there is a substantial risk to
volunteers or other Peace Corps personnel: Provided further, That none
of the funds appropriated under this heading shall be used to pay for
abortions: Provided further, That notwithstanding the previous
proviso, section 614 of division E of Public Law 113-76 shall apply to
funds appropriated under this heading.
millennium challenge corporation
For necessary expenses to carry out the provisions of the
Millennium Challenge Act of 2003 (22 U.S.C. 7701 et seq.) (MCA),
$830,000,000, to remain available until expended: Provided, That
section 605(e) of the MCA (22 U.S.C. 7704(e)) shall apply to funds
appropriated under this heading: Provided further, That funds
appropriated under this heading may be made available for a Millennium
Challenge Compact entered into pursuant to section 609 of the MCA (22
U.S.C. 7708) only if such Compact obligates, or contains a commitment
to obligate subject to the availability of funds and the mutual
agreement of the parties to the Compact to proceed, the entire amount
of the United States Government funding anticipated for the duration of
the Compact: Provided further, That of the funds appropriated under
this heading, not to exceed $100,000 may be available for
representation and entertainment expenses, of which not to exceed
$5,000 may be available for entertainment expenses: Provided further,
That funds appropriated under this heading shall be apportioned to the
Corporation not later than 60 days after the date of enactment of this
Act: Provided further, That notwithstanding the limitations in
sections 609(i) and 609(j) of the Millennium Challenge Act of 2003 (22
U.S.C. 7708(i), 7708(j)), the Millennium Challenge Corporation may,
subject to the availability of funds, extend compacts in Indonesia,
Kosovo, Nepal, and Senegal, for up to one additional year: Provided
further, That the Corporation shall notify the appropriate
congressional committees prior to providing any such extension.
inter-american foundation
For necessary expenses to carry out the functions of the Inter-
American Foundation in accordance with the provisions of section 401 of
the Foreign Assistance Act of 1969, $29,000,000, to remain available
until September 30, 2027: Provided, That of the funds appropriated
under this heading, not to exceed $2,000 may be available for
representation expenses.
united states african development foundation
For necessary expenses to carry out the African Development
Foundation Act (title V of Public Law 96-533; 22 U.S.C. 290h et seq.),
$12,000,000, to remain available until September 30, 2027, of which not
to exceed $2,000 may be available for representation expenses:
Provided, That funds made available to grantees may be invested pending
expenditure for project purposes when authorized by the Board of
Directors of the United States African Development Foundation (USADF):
Provided further, That interest earned shall be used only for the
purposes for which the grant was made: Provided further, That
notwithstanding section 505(a)(2) of the African Development Foundation
Act (22 U.S.C. 290h-3(a)(2)), in exceptional circumstances the Board of
Directors of the USADF may waive the $250,000 limitation contained in
that section with respect to a project and a project may exceed the
limitation by up to 10 percent if the increase is due solely to foreign
currency fluctuation: Provided further, That the USADF shall submit a
report to the appropriate congressional committees after each time such
waiver authority is exercised: Provided further, That the USADF may
make rent or lease payments in advance from appropriations available
for such purpose for offices, buildings, grounds, and quarters in
Africa as may be necessary to carry out its functions: Provided
further, That the USADF may maintain bank accounts outside the United
States Treasury and retain any interest earned on such accounts, in
furtherance of the purposes of the African Development Foundation Act:
Provided further, That the USADF may not withdraw any appropriation
from the Treasury prior to the need of spending such funds for program
purposes.
united states foundation for natural security and counterterrorism
For necessary expenses to carry out the purposes of section 5102 of
the National Defense Authorization Act for Fiscal Year 2025 (22 U.S.C.
10602), $100,000,000, to remain available until expended.
Department of the Treasury
international affairs technical assistance
For necessary expenses to carry out the provisions of section 129
of the Foreign Assistance Act of 1961, $30,000,000, to remain available
until expended: Provided, That amounts made available under this
heading may be made available to contract for services as described in
section 129(d)(3)(A) of the Foreign Assistance Act of 1961, without
regard to the location in which such services are performed.
debt restructuring
For ``Bilateral Economic Assistance--Department of the Treasury--
Debt Restructuring'' there is appropriated $52,000,000, to remain
available until September 30, 2029, for the costs, as defined in
section 502 of the Congressional Budget Act of 1974, of modifying loans
and loan guarantees for, or credits extended to, such countries as the
President may determine, including the costs of selling, reducing, or
canceling amounts owed to the United States pursuant to multilateral
debt restructurings, including Paris Club debt restructurings and the
``Common Framework for Debt Treatments beyond the Debt Service
Suspension Initiative'': Provided, That such amounts may be used
notwithstanding any other provision of law.
TITLE IV
INTERNATIONAL SECURITY ASSISTANCE
Department of State
international narcotics control and law enforcement
For necessary expenses to carry out section 481 of the Foreign
Assistance Act of 1961, $1,400,000,000, to remain available until
September 30, 2027: Provided, That the Department of State may use the
authority of section 608 of the Foreign Assistance Act of 1961, without
regard to its restrictions, to receive excess property from an agency
of the United States Government for the purpose of providing such
property to a foreign country or international organization under
chapter 8 of part I of such Act, subject to the regular notification
procedures of the Committees on Appropriations: Provided further, That
section 482(b) of the Foreign Assistance Act of 1961 shall not apply to
funds appropriated under this heading, except that any funds made
available notwithstanding such section shall be subject to the regular
notification procedures of the Committees on Appropriations: Provided
further, That funds appropriated under this heading shall be made
available to support training and technical assistance for foreign law
enforcement, corrections, judges, and other judicial authorities,
utilizing regional partners: Provided further, That funds made
available under this heading for Program Development and Support may be
made available notwithstanding pre-obligation requirements contained in
this Act, except for the notification requirements of section 7015:
Provided further, That funds appropriated under this heading shall be
apportioned to the Department of State not later than 60 days after the
date of enactment of this Act.
nonproliferation, anti-terrorism, demining and related programs
For necessary expenses for nonproliferation, anti-terrorism,
demining and related programs and activities, $870,000,000, to remain
available until September 30, 2027, to carry out the provisions of
chapter 8 of part II of the Foreign Assistance Act of 1961 for anti-
terrorism assistance, chapter 9 of part II of the Foreign Assistance
Act of 1961, section 504 of the FREEDOM Support Act (22 U.S.C. 5854),
section 23 of the Arms Export Control Act (22 U.S.C. 2763), or the
Foreign Assistance Act of 1961 for demining activities, the clearance
of unexploded ordnance, the destruction of small arms, and related
activities, notwithstanding any other provision of law, including
activities implemented through nongovernmental and international
organizations, and section 301 of the Foreign Assistance Act of 1961
for a United States contribution to the Comprehensive Nuclear Test Ban
Treaty Preparatory Commission, and for a voluntary contribution to the
International Atomic Energy Agency (IAEA): Provided, That funds made
available under this heading for the Nonproliferation and Disarmament
Fund shall be made available, notwithstanding any other provision of
law and subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations, to
promote bilateral and multilateral activities relating to
nonproliferation, disarmament, and weapons destruction, and shall
remain available until expended: Provided further, That such funds may
also be used for such countries other than the Independent States of
the former Soviet Union and international organizations when it is in
the national security interest of the United States to do so: Provided
further, That funds appropriated under this heading may be made
available for the IAEA unless the Secretary of State determines that
Israel is being denied its right to participate in the activities of
that Agency: Provided further, That funds made available for
conventional weapons destruction programs, including demining and
related activities, in addition to funds otherwise available for such
purposes, may be used for administrative expenses related to the
operation and management of such programs and activities, subject to
the regular notification procedures of the Committees on
Appropriations.
peacekeeping operations
For necessary expenses to carry out the provisions of section 551
of the Foreign Assistance Act of 1961, $335,458,000, to remain
available until September 30, 2027: Provided, That funds appropriated
under this heading may be used, notwithstanding section 660 of the
Foreign Assistance Act of 1961, to provide assistance to enhance the
capacity of foreign civilian security forces, including gendarmes, to
participate in peacekeeping operations: Provided further, That of the
funds appropriated under this heading, not less than $32,000,000 shall
be made available for a United States contribution to the Multinational
Force and Observers mission in the Sinai: Provided further, That of
the funds appropriated under this heading, up to $148,300,000 may be
made available to pay assessed expenses of international peacekeeping
activities under the same terms and conditions, as applicable, as funds
appropriated by this Act under the heading ``Contributions for
International Peacekeeping Activities''.
Funds Appropriated to the President
international military education and training
For necessary expenses to carry out the provisions of section 541
of the Foreign Assistance Act of 1961, $119,152,000, to remain
available until September 30, 2027: Provided, That the civilian
personnel for whom military education and training may be provided
under this heading may include civilians who are not members of a
government whose participation would contribute to improved civil-
military relations, civilian control of the military, or respect for
human rights: Provided further, That of the funds appropriated under
this heading, $3,500,000 shall remain available until expended to
increase the participation of women in programs and activities funded
under this heading, following consultation with the Committees on
Appropriations: Provided further, That of the funds appropriated under
this heading, not to exceed $50,000 may be available for entertainment
expenses.
foreign military financing program
For necessary expenses for grants to enable the President to carry
out the provisions of section 23 of the Arms Export Control Act (22
U.S.C. 2763), $6,158,397,000: Provided, That to expedite the provision
of assistance to foreign countries and international organizations, the
Secretary of State, following consultation with the Committees on
Appropriations and subject to the regular notification procedures of
such Committees, may use the funds appropriated under this heading to
procure defense articles and services to enhance the capacity of
foreign security forces: Provided further, That funds appropriated or
otherwise made available under this heading shall be nonrepayable
notwithstanding any requirement in section 23 of the Arms Export
Control Act: Provided further, That funds made available under this
heading shall be obligated upon apportionment in accordance with
paragraph (5)(C) of section 1501(a) of title 31, United States Code.
None of the funds made available under this heading shall be
available to finance the procurement of defense articles, defense
services, or design and construction services that are not sold by the
United States Government under the Arms Export Control Act unless the
foreign country proposing to make such procurement has first signed an
agreement with the United States Government specifying the conditions
under which such procurement may be financed with such funds:
Provided, That all country and funding level increases in allocations
shall be submitted through the regular notification procedures of
section 7015 of this Act: Provided further, That funds made available
under this heading may be used, notwithstanding any other provision of
law, for demining, the clearance of unexploded ordnance, and related
activities, and may include activities implemented through
nongovernmental and international organizations: Provided further,
That a country that is a member of the North Atlantic Treaty
Organization (NATO) or is a major non-NATO ally designated by section
517(b) of the Foreign Assistance Act of 1961 may utilize funds made
available under this heading for procurement of defense articles,
defense services, or design and construction services that are not sold
by the United States Government under the Arms Export Control Act:
Provided further, That funds appropriated under this heading shall be
expended at the minimum rate necessary to make timely payment for
defense articles and services: Provided further, That not more than
$72,000,000 of the funds appropriated under this heading may be
obligated for necessary expenses, including the purchase of passenger
motor vehicles for replacement only for use outside of the United
States, for the general costs of administering military assistance and
sales, except that this limitation may be exceeded only through the
regular notification procedures of the Committees on Appropriations:
Provided further, That the Secretary of State may use funds made
available under this heading pursuant to the previous proviso for the
administrative and other operational costs of the Department of State
related to military assistance and sales, assistance under section 551
of the Foreign Assistance Act of 1961, and Department of Defense
security assistance programs, in addition to funds otherwise available
for such purposes: Provided further, That up to $2,000,000 of the
funds made available pursuant to the previous proviso may be used for
direct hire personnel, except that this limitation may be exceeded by
the Secretary of State following consultation with the Committees on
Appropriations: Provided further, That of the funds made available
under this heading for general costs of administering military
assistance and sales, not to exceed $4,000 may be available for
entertainment expenses and not to exceed $130,000 may be available for
representation expenses: Provided further, That not more than
$1,589,585,805 of funds realized pursuant to section 21(e)(1)(A) of the
Arms Export Control Act (22 U.S.C. 2761(e)(1)(A)) may be obligated for
expenses incurred by the Department of Defense during fiscal year 2026
pursuant to section 43(b) of the Arms Export Control Act (22 U.S.C.
2792(b)), except that this limitation may be exceeded only through the
regular notification procedures of the Committees on Appropriations.
TITLE V
MULTILATERAL ASSISTANCE
Funds Appropriated to the President
international organizations and programs
For necessary expenses to carry out the provisions of section 301
of the Foreign Assistance Act of 1961, $339,000,000: Provided, That
not later than 60 days after the date of enactment of this Act, the
Secretary of State shall submit to the Committees on Appropriations a
spend plan detailing the proposed allocation of funds under this
heading and the entities to be funded: Provided further, That such
funds shall be subject to the regular notification procedures of such
Committees.
International Financial Institutions
global environment facility
For payment to the International Bank for Reconstruction and
Development as trustee for the Global Environment Facility by the
Secretary of the Treasury, $150,200,000, to remain available until
expended.
contribution to the international development association
For payment to the International Development Association by the
Secretary of the Treasury, $1,066,184,000, to remain available until
expended.
contribution to the asian development fund
For payment to the Asian Development Bank's Asian Development Fund
by the Secretary of the Treasury, $43,610,000, to remain available
until expended.
contribution to the african development bank
For payment to the African Development Bank by the Secretary of the
Treasury for the United States share of the paid-in portion of the
increases in capital stock, $54,649,000, to remain available until
expended.
limitation on callable capital subscriptions
The United States Governor of the African Development Bank may
subscribe without fiscal year limitation to the callable capital
portion of the United States share of increases in capital stock in an
amount not to exceed $8,656,174,624.
contribution to the european bank for reconstruction and development
For payment to the European Bank for Reconstruction and Development
by the Secretary of the Treasury for the United States share of the
paid-in portion of the increases in capital stock, $87,500,000, to
remain available until expended.
contribution to the international fund for agricultural development
For payment to the International Fund for Agricultural Development
by the Secretary of the Treasury, $54,000,000, to remain available
until expended.
treasury international assistance programs
For contributions by the Secretary of the Treasury to international
financial institutions and trust funds administered by such
institutions, in addition to amounts otherwise available for such
purposes, $75,000,000, to remain available until expended: Provided,
That funds made available under this heading shall be subject to prior
consultation with, and the regular notification procedures of, the
Committees on Appropriations.
TITLE VI
EXPORT AND INVESTMENT ASSISTANCE
Export-Import Bank of the United States
inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978 (5
U.S.C. App.), $8,860,000, of which up to $1,329,000 may remain
available until September 30, 2027.
program account
The Export-Import Bank of the United States is authorized to make
such expenditures within the limits of funds and borrowing authority
available to such corporation, and in accordance with law, and to make
such contracts and commitments without regard to fiscal year
limitations, as provided by section 9104 of title 31, United States
Code, as may be necessary in carrying out the program for the current
fiscal year for such corporation: Provided, That none of the funds
available during the current fiscal year may be used to make
expenditures, contracts, or commitments for the export of nuclear
equipment, fuel, or technology to any country, other than a nuclear-
weapon state as defined in Article IX of the Treaty on the Non-
Proliferation of Nuclear Weapons eligible to receive economic or
military assistance under this Act, that has detonated a nuclear
explosive after the date of enactment of this Act.
administrative expenses
For administrative expenses to carry out the direct and guaranteed
loan and insurance programs, including hire of passenger motor vehicles
and services as authorized by section 3109 of title 5, United States
Code, and not to exceed $30,000 for official reception and
representation expenses for members of the Board of Directors, not to
exceed $125,000,000, of which up to $18,750,000 may remain available
until September 30, 2027: Provided, That the Export-Import Bank (the
Bank) may accept, and use, payment or services provided by transaction
participants for legal, financial, or technical services in connection
with any transaction for which an application for a loan, guarantee or
insurance commitment has been made: Provided further, That
notwithstanding subsection (b) of section 117 of the Export Enhancement
Act of 1992, subsection (a) of such section shall remain in effect
until September 30, 2026: Provided further, That the Bank shall charge
fees for necessary expenses (including special services performed on a
contract or fee basis, but not including other personal services) in
connection with the collection of moneys owed the Bank, repossession or
sale of pledged collateral or other assets acquired by the Bank in
satisfaction of moneys owed the Bank, or the investigation or appraisal
of any property, or the evaluation of the legal, financial, or
technical aspects of any transaction for which an application for a
loan, guarantee or insurance commitment has been made, or systems
infrastructure directly supporting transactions: Provided further,
That in addition to other funds appropriated for administrative
expenses, such fees shall be credited to this account for such
purposes, to remain available until expended.
program budget appropriations
For the cost of direct loans, loan guarantees, insurance, and tied-
aid grants as authorized by section 10 of the Export-Import Bank Act of
1945, as amended, not to exceed $20,000,000, to remain available until
September 30, 2029: Provided, That such costs, including the cost of
modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That such funds
shall remain available until September 30, 2041, for the disbursement
of direct loans, loan guarantees, insurance and tied-aid grants
obligated in fiscal years 2026 through 2029.
receipts collected
Receipts collected pursuant to the Export-Import Bank Act of 1945
(Public Law 79-173) and the Federal Credit Reform Act of 1990, in an
amount not to exceed the amount appropriated herein, shall be credited
as offsetting collections to this account: Provided, That the sums
herein appropriated from the General Fund shall be reduced on a dollar-
for-dollar basis by such offsetting collections so as to result in a
final fiscal year appropriation from the General Fund estimated at $0.
United States International Development Finance Corporation
inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978 (5
U.S.C. App.), $7,200,000, to remain available until September 30, 2027.
corporate capital account
The United States International Development Finance Corporation
(the Corporation) is authorized to make such expenditures and
commitments within the limits of funds and borrowing authority
available to the Corporation, and in accordance with the law, and to
make such expenditures and commitments without regard to fiscal year
limitations, as provided by section 9104 of title 31, United States
Code, as may be necessary in carrying out the programs for the current
fiscal year for the Corporation: Provided, That for necessary expenses
of the activities described in subsections (b), (c), (e), (f), and (g)
of section 1421 of the BUILD Act of 2018 (division F of Public Law 115-
254) and for administrative expenses to carry out authorized activities
described in section 1434(d) of such Act, $983,250,000: Provided
further, That of the amount provided--
(1) $243,000,000 shall remain available until September 30,
2028, for administrative expenses to carry out authorized
activities (including an amount for official reception and
representation expenses which shall not exceed $25,000); and
(2) $740,250,000 shall remain available until September 30,
2028, for the activities described in subsections (b), (c),
e
, (f), and (g) of section 1421 of the BUILD Act of 2018,
except such amounts obligated in a fiscal year for activities
described in section 1421(c) of such Act shall remain available
for disbursement for the term of the underlying project:
Provided further, That amounts made available under this
paragraph may be paid to the ``United States International
Development Finance Corporation--Program Account'' for programs
authorized by subsections (b), (e), (f), and (g) of section
1421 of the BUILD Act of 2018:
Provided further, That funds may only be obligated pursuant to
section 1421(g) of the BUILD Act of 2018 subject to prior consultation
with the appropriate congressional committees and the regular
notification procedures of the Committees on Appropriations: Provided
further, That funds appropriated by this Act and prior Acts making
appropriations for the Department of State, foreign operations, and
related programs for support by the Corporation in high-income and
advancing income countries shall be subject to prior consultation with
the Committees on Appropriations: Provided further, That in fiscal
year 2026 collections of amounts described in section 1434(h) of the
BUILD Act of 2018 shall be credited as offsetting collections to this
appropriation: Provided further, That such collections collected in
fiscal year 2026 in excess of $983,250,000 shall be credited to this
account and shall be available in future fiscal years only to the
extent provided in advance in appropriations Acts: Provided further,
That in fiscal year 2026, if such collections are less than
$983,250,000, receipts collected pursuant to the BUILD Act of 2018 and
the Federal Credit Reform Act of 1990, in an amount equal to such
shortfall, shall be credited as offsetting collections to this
appropriation: Provided further, That fees charged for project-
specific transaction costs as described in section 1434(k) of the BUILD
Act of 2018, and other direct costs associated with origination or
monitoring services provided to specific or potential investors, shall
not be considered administrative expenses for the purposes of this
heading: Provided further, That such fees shall be credited to this
account for such purposes, to remain available until expended:
Provided further, That funds appropriated or otherwise made available
under this heading may not be used to provide any type of assistance
that is otherwise prohibited by any other provision of law or to
provide assistance to any foreign country that is otherwise prohibited
by any other provision of law: Provided further, That the sums herein
appropriated from the General Fund shall be reduced on a dollar-for-
dollar basis by the offsetting collections described under this heading
so as to result in a final fiscal year appropriation from the General
Fund estimated at $547,450,000.
program account
Amounts paid from ``United States International Development Finance
Corporation--Corporate Capital Account'' (CCA) shall remain available
until September 30, 2028: Provided, That amounts paid to this account
from CCA or transferred to this account pursuant to section 1434(j) of
the BUILD Act of 2018 (division F of Public Law 115-254) shall be
available for the costs of direct and guaranteed loans provided by the
Corporation pursuant to section 1421(b) of such Act and the costs of
modifying loans and loan guarantees transferred to the Corporation
pursuant to section 1463 of such Act: Provided further, That such
costs, including the cost of modifying such loans, shall be as defined
in section 502 of the Congressional Budget Act of 1974: Provided
further, That such amounts obligated in a fiscal year shall remain
available for disbursement for the following 8 fiscal years: Provided
further, That funds made available in this Act and transferred to carry
out the Foreign Assistance Act of 1961 pursuant to section 1434(j) of
the BUILD Act of 2018 may remain available for obligation for 1
additional fiscal year: Provided further, That the total loan
principal or guaranteed principal amount shall not exceed
$15,000,000,000.
Trade and Development Agency
For necessary expenses to carry out the provisions of section 661
of the Foreign Assistance Act of 1961, $87,000,000, to remain available
until September 30, 2027: Provided, That of the funds appropriated
under this heading, not more than $5,000 may be available for
representation and entertainment expenses.
TITLE VII
GENERAL PROVISIONS
allowances and differentials
Sec. 7001. Funds appropriated under title I of this Act shall be
available, except as otherwise provided, for allowances and
differentials as authorized by subchapter 59 of title 5, United States
Code; for services as authorized by section 3109 of such title and for
hire of passenger transportation pursuant to section 1343(b) of title
31, United States Code.
unobligated balances report
Sec. 7002. Any department or agency of the United States
Government to which funds are appropriated or otherwise made available
by this Act shall provide to the Committees on Appropriations a
quarterly accounting of cumulative unobligated balances and obligated,
but unexpended, balances by program, project, and activity, and
Treasury Account Fund Symbol of all funds received by such department
or agency in fiscal year 2026 or any previous fiscal year,
disaggregated by fiscal year: Provided, That the report required by
this section shall be submitted not later than 30 days after the end of
each fiscal quarter and should specify by account the amount of funds
obligated pursuant to bilateral agreements which have not been further
sub-obligated.
consulting services
Sec. 7003. The expenditure of any appropriation under title I of
this Act for any consulting service through procurement contract,
pursuant to section 3109 of title 5, United States Code, shall be
limited to those contracts where such expenditures are a matter of
public record and available for public inspection, except where
otherwise provided under existing law, or under existing Executive
order issued pursuant to existing law.
diplomatic facilities
Sec. 7004. (a) Capital Security Cost Sharing Exception.--
Notwithstanding paragraph (2) of section 604(e) of the Secure Embassy
Construction and Counterterrorism Act of 1999 (title VI of division A
of H.R. 3427, as enacted into law by section 1000(a)(7) of Public Law
106-113 and contained in appendix G of that Act), as amended by section
111 of the Department of State Authorities Act, Fiscal Year 2017
(Public Law 114-323), a project to construct a facility of the United
States may include office space or other accommodations for members of
the United States Marine Corps.
b
Consultation and Notifications.--Funds appropriated by this Act
and prior Acts making appropriations for the Department of State,
foreign operations, and related programs, which may be made available
for the acquisition of property or award of construction contracts for
overseas United States diplomatic facilities during fiscal year 2026,
shall be subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations:
Provided, That notifications pursuant to this subsection shall include
the information enumerated under this section in House Report 119-217:
Provided further, That the Secretary of State shall consult with the
Committees on Appropriations at the early project development stage for
out-year construction projects, including to discuss security and non-
security construction requirements, modifications to scope, and cost
reductions identified for such projects, consistent with applicable
laws and regulations: Provided further, That the Secretary shall
submit a quarterly report to the Committees on Appropriations on
contingency savings identified from funds appropriated under the
heading ``Embassy Security, Construction, and Maintenance'' by prior
Acts making appropriations for the Department of State, foreign
operations, and related programs, and the obligation of funds made
available by such savings shall be subject to prior consultation with
the Committees on Appropriations.
c
Interim and Temporary Facilities Abroad.--
(1) Security vulnerabilities.--Funds appropriated by this
Act under the heading ``Embassy Security, Construction, and
Maintenance'' may be made available, following consultation
with the appropriate congressional committees, to address
security vulnerabilities at interim and temporary United States
diplomatic facilities abroad, including physical security
upgrades and local guard staffing.
(2) Consultation.--The opening, closure, or any significant
modification to an interim or temporary United States
diplomatic facility shall be subject to prior consultation with
the appropriate congressional committees and the regular
notification procedures of the Committees on Appropriations,
except that such consultation and notification may be waived if
there is a security risk to personnel.
d
Soft Targets.--Funds appropriated by this Act under the heading
``Embassy Security, Construction, and Maintenance'' may be made
available for security upgrades to soft targets, including schools,
recreational facilities, residences, and places of worship used by
United States diplomatic personnel and their dependents.
e
Facilities.--None of the funds appropriated or otherwise made
available by this Act may be used to move the United States embassy to
the State of Israel to a location other than Jerusalem.
personnel actions
Sec. 7005. Any costs incurred by a department or agency funded
under title I of this Act resulting from personnel actions taken in
response to funding reductions included in this Act shall be absorbed
within the total budgetary resources available under title I to such
department or agency: Provided, That the authority to transfer funds
between appropriations accounts as may be necessary to carry out this
section is provided in addition to authorities included elsewhere in
this Act: Provided further, That use of funds to carry out this
section shall be treated as a reprogramming of funds under section 7015
of this Act.
prohibition on publicity or propaganda
Sec. 7006. No part of any appropriation contained in this Act
shall be used for publicity or propaganda purposes within the United
States not authorized before enactment of this Act by Congress:
Provided, That up to $25,000 may be made available to carry out the
provisions of section 316 of the International Security and Development
Cooperation Act of 1980 (Public Law 96-533; 22 U.S.C. 2151a note).
prohibition against direct funding for certain countries
Sec. 7007. None of the funds appropriated or otherwise made
available pursuant to titles III through VI of this Act shall be
obligated or expended to finance directly any assistance or reparations
for the governments of Cuba, North Korea, or Iran: Provided, That for
purposes of this section, the prohibition on obligations or
expenditures shall include direct loans, credits, insurance, and
guarantees of the Export-Import Bank or its agents.
coups d'etat
Sec. 7008. (a) Prohibition.--None of the funds appropriated or
otherwise made available pursuant to titles III through VI of this Act
shall be obligated or expended to finance directly any assistance to
the government of any country whose duly elected head of government is
deposed by military coup d'etat or decree or, after the date of
enactment of this Act, a coup d'etat or decree in which the military
plays a decisive role: Provided, That assistance may be resumed to
such government if the Secretary of State certifies and reports to the
appropriate congressional committees that subsequent to the termination
of assistance a democratically elected government has taken office:
Provided further, That the provisions of this section shall not apply
to assistance to promote democratic elections or public participation
in democratic processes, or to support a democratic transition:
Provided further, That funds made available pursuant to the previous
provisos shall be subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations.
b
Waiver.--The Secretary of State, following consultation with
the heads of relevant Federal agencies, may waive the restriction in
this section on a program-by-program basis if the Secretary certifies
and reports to the Committees on Appropriations that such waiver is in
the national security interest of the United States: Provided, That
funds made available pursuant to such waiver shall be subject to prior
consultation with, and the regular notification procedures of, the
Committees on Appropriations.
transfer of funds authority
Sec. 7009. (a) Department of State.--
(1) Department of state.--
(A) In general.--Not to exceed 5 percent of any
appropriation made available for the current fiscal
year for the Department of State under title I of this
Act may be transferred between, and merged with, such
appropriations, but no such appropriation, except as
otherwise specifically provided, shall be increased by
more than 10 percent by any such transfers, and no such
transfer may be made to increase the appropriation
under the heading ``Representation Expenses''.
(B) Embassy security.--Funds appropriated under the
headings ``Diplomatic Programs'', including for
Worldwide Security Protection, ``Embassy Security,
Construction, and Maintenance'', and ``Emergencies in
the Diplomatic and Consular Service'' in this Act may
be transferred to, and merged with, funds appropriated
under such headings if the Secretary of State
determines and reports to the Committees on
Appropriations that to do so is necessary to implement
the recommendations of the Benghazi Accountability
Review Board, for emergency evacuations, or to prevent
or respond to security situations and requirements,
subject to the regular notification procedures of such
Committees.
(C) Emergencies in the diplomatic and consular
service.--Of the amount made available under the
heading ``Diplomatic Programs'' for Worldwide Security
Protection, not to exceed $50,000,000 may be
transferred to, and merged with, funds made available
by this Act under the heading ``Emergencies in the
Diplomatic and Consular Service'', to be available only
for emergency evacuations and rewards, as authorized.
(D) Capital investment fund.--Of the amount made
available under the heading, ``Diplomatic Programs'',
up to $50,000,000 may be transferred to, and merged
with, funds made available in title I of this Act under
the heading ``Capital Investment Fund''.
(E) Prior consultation.--The transfer authorities
provided by subparagraphs (B), (C), and (D) are in
addition to any transfer authority otherwise available
in this Act and under any other provision of law and
the exercise of such authority shall be subject to
prior consultation with the Committees on
Appropriations.
(2) Reorganization.--Funds appropriated by this Act and
prior Acts making appropriations for the Department of State,
foreign operations, and related programs under the headings
``Administration of Foreign Affairs'' in title I and
``Operating Expenses'' in title II may be transferred to and
between accounts under such headings if the Secretary of State
determines such transfer is necessary to implement a
reorganization, redesign, or other plan as defined by section
7063(b) of this Act that is expressly authorized by a
subsequent Act of Congress: Provided, That such transfer
authority is in addition to any other transfer authority
provided by this Act or any other Act and is subject to prior
consultation with, and the regular notification procedures of,
the Committees on Appropriations.
(3) Treatment as reprogramming.--Any transfer pursuant to
this subsection shall be treated as a reprogramming of funds
under section 7015 of this Act and shall not be available for
obligation or expenditure except in compliance with the
procedures set forth in that section.
b
Limitation on Transfers of Funds Between Agencies.--
(1) In general.--None of the funds made available under
titles II through V of this Act may be transferred to any
department, agency, or instrumentality of the United States
Government, except pursuant to a transfer made by, or transfer
authority provided in, this Act or any other appropriations
Act.
(2) Allocation and transfers.--Notwithstanding paragraph
(1), in addition to transfers made by, or authorized elsewhere
in, this Act, funds appropriated by this Act to carry out the
purposes of the Foreign Assistance Act of 1961 may be allocated
or transferred to agencies of the United States Government
pursuant to the provisions of sections 109, 610, and 632 of the
Foreign Assistance Act of 1961, and section 1434(j) of the
BUILD Act of 2018 (division F of Public Law 115-254).
(3) Notification.--Any agreement entered into by the
Department of State with any department, agency, or
instrumentality of the United States Government pursuant to
section 632(b) of the Foreign Assistance Act of 1961 valued in
excess of $2,000,000 and any agreement made pursuant to section
632(a) of such Act, with funds appropriated by this Act or
prior Acts making appropriations for the Department of State,
foreign operations, and related programs under the headings
``Global Health Programs'', ``Development Assistance'',
``Economic Support Fund'', ``National Security Investment
Programs'', ``Assistance for Europe, Eurasia and Central
Asia'', and ``International Narcotics Control and Law
Enforcement'' shall be subject to the regular notification
procedures of the Committees on Appropriations: Provided, That
the requirement of this paragraph shall not apply to such
agreements with a department, agency, or instrumentality funded
by this Act.
(4) Prior consultation requirement.--Agreements between the
Department of State with any department, agency, or
instrumentality of the United States Government not funded by
this Act or prior Acts making appropriations for the Department
of State, foreign operations, and related programs, to transfer
or allocate funds appropriated under the headings
``International Humanitarian Assistance'' and ``United States
Emergency Refugee and Migration Assistance Fund'' in this Act,
or under the headings ``International Disaster Assistance'',
``Migration and Refugee Assistance'', and ``United States
Emergency Refugee and Migration Assistance Fund'' in prior Acts
making appropriations for the Department of State, foreign
operations, and related programs shall be subject to prior
consultation with the Committees on Appropriations, not later
than 7 days prior to the transfer of such funds, except if to
do so would pose an immediate and substantial risk to human
health or welfare: Provided, That in the case of any such
exception the information required by such consultation shall
be provided as early as practicable, but in no event later than
3 days after taking the action to which the consultation
requirement was applicable, and such information shall include
a description of the circumstance necessitating such exception.
c
United States International Development Finance Corporation.--
Amounts transferred pursuant to section 1434(j) of the BUILD Act of
2018 (division F of Public Law 115-254) may only be transferred from
funds made available under title III of this Act: Provided, That any
such transfers, or any other amounts transferred to the United States
International Development Finance Corporation (the Corporation)
pursuant to any provision of law, shall be subject to prior
consultation with, and the regular notification procedures of, the
Committees on Appropriations: Provided further, That the Secretary of
State and the Chief Executive Officer of the Corporation, as
appropriate, shall ensure that the programs funded by such transfers
are coordinated with, and complement, foreign assistance programs
implemented by the Department of State.
d
Transfer of Funds Between Accounts.--None of the funds made
available under titles II through V of this Act may be obligated under
an appropriations account to which such funds were not appropriated,
except for transfers specifically provided for in this Act, unless the
President, not less than 5 days prior to the exercise of any authority
contained in the Foreign Assistance Act of 1961 to transfer funds,
consults with and provides a written policy justification to the
Committees on Appropriations.
e
Audit of Inter-Agency Transfers of Funds.--Any agreement for
the transfer or allocation of funds appropriated by this Act or prior
Acts making appropriations for the Department of State, foreign
operations, and related programs entered into between the Department of
State and another agency of the United States Government under the
authority of section 632(a) of the Foreign Assistance Act of 1961, or
any comparable provision of law, shall expressly provide that the
Inspector General (IG) for the agency receiving the transfer or
allocation of such funds, or other entity with audit responsibility if
the receiving agency does not have an IG, shall perform periodic
program and financial audits of the use of such funds and report to the
Department of State upon completion of such audits: Provided, That
such audits shall be transmitted to the Committees on Appropriations by
the Department of State: Provided further, That funds transferred
under such authority may be made available for the cost of such audits.
prohibition and limitation on certain expenses
Sec. 7010. (a) First-Class Travel.--None of the funds made
available by this Act may be used for first-class travel by employees
of United States Government departments and agencies funded by this Act
in contravention of section 301-10.122 through 301-10.124 of title 41,
Code of Federal Regulations.
b
Computer Networks.--None of the funds made available by this
Act for the operating expenses of any United States Government
department or agency may be used to establish or maintain a computer
network for use by such department or agency unless such network has
filters designed to block access to sexually explicit websites:
Provided, That nothing in this subsection shall limit the use of funds
necessary for any Federal, State, Tribal, or local law enforcement
agency, or any other entity carrying out the following activities:
criminal investigations, prosecutions, and adjudications;
administrative discipline; and the monitoring of such websites
undertaken as part of official business.
c
Prohibition on Promotion of Tobacco.--None of the funds made
available by this Act shall be available to promote the sale or export
of tobacco or tobacco products (including electronic nicotine delivery
systems), or to seek the reduction or removal by any foreign country of
restrictions on the marketing of tobacco or tobacco products (including
electronic nicotine delivery systems), except for restrictions which
are not applied equally to all tobacco or tobacco products (including
electronic nicotine delivery systems) of the same type.
d
Email Servers Outside the .gov Domain.--None of the funds
appropriated by this Act under the headings ``Diplomatic Programs'' and
``Capital Investment Fund'' that are made available to the Department
of State may be made available to support the use or establishment of
email accounts or email servers created outside the .gov domain or not
fitted for automated records management as part of a Federal government
records management program in contravention of the Presidential and
Federal Records Act Amendments of 2014 (Public Law 113-187).
e
Representation and Entertainment Expenses.--Each Federal
department, agency, or entity funded in title I of this Act and the
Department of the Treasury and independent agencies funded in titles
III or VI of this Act, shall take steps to ensure that domestic and
overseas representation and entertainment expenses further official
agency business and United States foreign policy interests, and--
(1) are primarily for fostering relations outside of the
Executive Branch;
(2) are principally for meals and events of a protocol
nature;
(3) are not for employee-only events; and
(4) do not include activities that are substantially of a
recreational character.
f
Limitations on Entertainment Expenses.--None of the funds
appropriated or otherwise made available by this Act under the headings
``International Military Education and Training'' or ``Foreign Military
Financing Program'' for Informational Program activities or under the
headings ``Global Health Programs'' and ``National Security Investment
Programs'' may be obligated or expended to pay for--
(1) alcoholic beverages; or
(2) entertainment expenses for activities that are
substantially of a recreational character, including entrance
fees at sporting events, theatrical and musical productions,
and amusement parks.
assistance effectiveness and transparency
Sec. 7011. (a) Strategy.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary of State shall develop and
submit to the appropriate congressional committees a multi-year
strategy to improve the effectiveness of United States
Government foreign assistance.
(2) Elements.--The strategy required by this subsection
shall include--
(A) methods used to determine the effectiveness of
United States Government foreign assistance;
(B) analysis on using outcomes to inform the
allocation of such assistance;
(C) results of impact evaluations carried out
within the prior 12 months and a plan for incorporating
the results of such evaluations into the design of
future programs funded by such assistance;
(D) analysis of opportunities to enhance the
effectiveness of such assistance by increasing
partnerships with local organizations, including faith-
based organizations, as appropriate, including specific
plans to provide grants, cooperative agreements, and
other awards of not more than $2,000,000, consistent
with the requirements included in the explanatory
statement described in section 4 (in the matter
preceding division A of this consolidated Act); and
(E) estimated costs associated with implementation
of the strategy.
(3) Specific reforms.--The strategy required by this
subsection shall include the following specific reforms--
(A) an approval process for small grants previously
managed at the mission level, including public
diplomacy and cultural preservation programs, by
respective Chiefs of Mission, the Under Secretary for
Public Diplomacy and Public Affairs, and the Under
Secretary of Political Affairs, as appropriate:
Provided, That for purposes of this section, the term
``small grants'' means a grant with a value of less
than $1,000,000;
(B) a certification process, on a country-by-
country basis, to ensure that United States assistance
supports the implementation of a comprehensive
assistance strategy that promotes American interests
abroad, including a detailed definition of such
interests, consistent with the requirements of
subparagraphs (C) and (D);
(C) a plan established prior to the obligation of
United States assistance for the winding down of such
assistance, as appropriate, including transition and
sustainment of programs and activities to entities
other than the United States Government; and
(D) requirements for co-investment by recipient
governments and cost matching from sources other than
the United States Government, including other
international donors and the private sector, for
assistance made available by this Act, as appropriate.
(4) Concurrent recommendations.--The Secretary shall--
(A) convene a panel of experts and practitioners to
make recommendations for the strategy required by this
subsection; and
(B) include all such recommendations in an appendix
to the strategy whether or not they were incorporated
into the strategy.
(5) Consultation.--Not later than 45 days after the date of
enactment of this Act, the Secretary shall consult with the
Committees on Appropriations on the requirements of this
subsection.
b
Beneficiary Feedback.--Funds appropriated by this Act that are
made available for monitoring and evaluation of assistance under the
headings ``National Security Investment Programs'' and ``International
Humanitarian Assistance'' shall be made available for the regular and
systematic collection of feedback obtained directly from beneficiaries
to enhance the quality and relevance of such assistance: Provided,
That the Secretary of State shall regularly conduct oversight to ensure
that such feedback is collected and used by implementing partners to
maximize the cost-effectiveness and utility of such assistance.
c
Evaluations.--Of the funds appropriated by this Act under
titles III and IV, not less than $15,000,000, to remain available until
expended, shall be made available for impact evaluations, including ex-
post evaluations, of the effectiveness and sustainability of United
States Government foreign assistance programs: Provided, That funds
made available pursuant to this subsection are in addition to funds
otherwise made available for such purposes.
d
Innovation.--The Secretary of State may use funds appropriated
by this Act under title III to make innovation incentive awards in
accordance with the terms and conditions of section 7034(e)(4) of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2019 (division F of Public Law 116-6), except that
each individual award may not exceed $500,000.
e
Foreign Assistance Website.--Funds appropriated by this Act
under title I, funds made available for any independent agency in title
III, and funds made available under the headings ``Trade and
Development Agency'' and ``United States International Development
Finance Corporation'', as appropriate, shall be made available to
support the provision of additional information on United States
Government foreign assistance on the ``ForeignAssistance.gov'' website:
Provided, That all Federal agencies funded under this Act shall
provide such information on foreign assistance, upon request and in a
timely manner, to the Department of State.
limitation on assistance to countries in default
Sec. 7012. No part of any appropriation provided under titles III
through VI in this Act shall be used to furnish assistance to the
government of any country which is in default during a period in excess
of 1 calendar year in payment to the United States of principal or
interest on any loan made to the government of such country by the
United States pursuant to a program for which funds are appropriated
under this Act unless the President determines, following consultation
with the Committees on Appropriations, that assistance for such country
is in the national interest of the United States.
prohibition on taxation of united states assistance
Sec. 7013. (a) Prohibition on Taxation.--None of the funds
appropriated under titles III through VI of this Act may be made
available to provide assistance for a foreign country under a new
bilateral agreement governing the terms and conditions under which such
assistance is to be provided unless such agreement includes a provision
stating that assistance provided by the United States shall be exempt
from taxation, or reimbursed, by the foreign government, and the
Secretary of State shall expeditiously seek to negotiate amendments to
existing bilateral agreements, as necessary, to conform with this
requirement.
b
Notification and Reimbursement of Foreign Taxes.--An amount
equivalent to 200 percent of the total taxes assessed during fiscal
year 2026 on funds appropriated by this Act and prior Acts making
appropriations for the Department of State, foreign operations, and
related programs by a foreign government or entity against United
States assistance programs, either directly or through grantees,
contractors, and subcontractors, shall be withheld from obligation from
funds appropriated for assistance for fiscal year 2027 and for prior
fiscal years and allocated for the central government of such country
or for the West Bank and Gaza program, as applicable, if, not later
than September 30, 2027, such taxes have not been reimbursed.
c
De Minimis Exception.--Foreign taxes of a de minimis nature
shall not be subject to the provisions of subsection (b).
d
Reprogramming of Funds.--Funds withheld from obligation for
each foreign government or entity pursuant to subsection (b) shall be
reprogrammed for assistance for countries which do not assess taxes on
United States assistance or which have an effective arrangement that is
providing substantial reimbursement of such taxes, and that can
reasonably accommodate such assistance in a programmatically
responsible manner.
e
Determinations.--
(1) In general.--The provisions of this section shall not
apply to any foreign government or entity that assesses such
taxes if the Secretary of State reports to the Committees on
Appropriations that--
(A) such foreign government or entity has an
effective arrangement that is providing substantial
reimbursement of such taxes; or
(B) the foreign policy interests of the United
States outweigh the purpose of this section to ensure
that United States assistance is not subject to
taxation.
(2) Consultation.--The Secretary of State shall consult
with the Committees on Appropriations at least 15 days prior to
exercising the authority of this subsection with regard to any
foreign government or entity.
f
Implementation.--The Secretary of State shall issue and update
rules, regulations, or policy guidance, as appropriate, to implement
the prohibition against the taxation of assistance contained in this
section.
g
Definitions.--As used in this section:
(1) Bilateral agreement.--The term ``bilateral agreement''
refers to a framework bilateral agreement between the
Government of the United States and the government of the
country receiving assistance that describes the privileges and
immunities applicable to United States foreign assistance for
such country generally, or an individual agreement between the
Government of the United States and such government that
describes, among other things, the treatment for tax purposes
that will be accorded the United States assistance provided
under that agreement.
(2) Taxes and taxation.--The term ``taxes and taxation''
shall include value added taxes and customs duties but shall
not include individual income taxes assessed to local staff.
availability and designated funding levels
Sec. 7014. (a) Availability.--No part of any appropriation
contained in this Act shall remain available for obligation after the
expiration of the current fiscal year unless expressly so provided by
this Act.
b
Reprogramming.--Funds appropriated under titles III through VI
of this Act which are specifically designated may be reprogrammed for
other programs within the same account notwithstanding the designation
if compliance with the designation is made impossible by operation of
any provision of this or any other Act: Provided, That any such
reprogramming shall be subject to the regular notification procedures
of the Committees on Appropriations: Provided further, That assistance
that is reprogrammed pursuant to this subsection shall be made
available under the same terms and conditions as originally provided.
c
Extension of Availability.--In addition to the authority
contained in subsection (b), the original period of availability of
funds appropriated by this Act and administered by the Department of
State that are specifically designated for particular programs or
activities by this or any other Act may be extended for an additional
fiscal year if the Secretary of State determines and reports promptly
to the Committees on Appropriations that the termination of assistance
to a country or a significant change in circumstances makes it unlikely
that such designated funds can be obligated during the original period
of availability: Provided, That such designated funds that continue to
be available for an additional fiscal year shall be obligated only for
the purpose of such designation.
d
Other Acts.--Ceilings and specifically designated funding
levels contained in this Act shall not be applicable to funds or
authorities appropriated or otherwise made available by any subsequent
Act unless such Act specifically so directs: Provided, That
specifically designated funding levels or minimum funding requirements
contained in any other Act shall not be applicable to funds
appropriated by this Act.
notification requirements
Sec. 7015. (a) Notification of Changes in Programs, Projects, and
Activities.--None of the funds made available in titles I, II, and VI,
and under the headings ``Peace Corps'' and ``Millennium Challenge
Corporation'', of this Act or prior Acts making appropriations for the
Department of State, foreign operations, and related programs to the
departments and agencies funded by this Act that remain available for
obligation in fiscal year 2026, or provided from any accounts in the
Treasury of the United States derived by the collection of fees or of
currency reflows or other offsetting collections, or made available by
transfer, to the departments and agencies funded by this Act, shall be
available for obligation to--
(1) create new programs;
(2) suspend or eliminate a program, project, or activity;
(3) close, suspend, open, or reopen a mission or post;
(4) create, close, reorganize, downsize, or rename bureaus,
centers, or offices; or
(5) contract out or privatize any functions or activities
presently performed by Federal employees;
unless previously justified to the Committees on Appropriations or such
Committees are notified 15 days in advance of such obligation.
b
Notification of Reprogramming of Funds.--None of the funds
provided under titles I, II, and VI of this Act or prior Acts making
appropriations for the Department of State, foreign operations, and
related programs, to the departments and agencies funded under such
titles that remain available for obligation in fiscal year 2026, or
provided from any accounts in the Treasury of the United States derived
by the collection of fees available to the department and agency funded
under title I of this Act, shall be available for obligation or
expenditure for programs, projects, or activities through a
reprogramming of funds in excess of $1,000,000 or 10 percent, whichever
is less, that--
(1) augments or changes existing programs, projects, or
activities;
(2) relocates an existing office or employees;
(3) reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent as
approved by Congress; or
(4) results from any general savings, including savings
from a reduction in personnel, which would result in a change
in existing programs, projects, or activities as approved by
Congress;
unless the Committees on Appropriations are notified 15 days in advance
of such reprogramming of funds.
c
Notification Requirement.--None of the funds made available by
this Act under the headings ``Global Health Programs'', ``National
Security Investment Programs'', ``Democracy Fund'', ``Peace Corps'',
``Millennium Challenge Corporation'', ``International Narcotics Control
and Law Enforcement'', ``Nonproliferation, Anti-terrorism, Demining and
Related Programs'', ``Peacekeeping Operations'', ``International
Military Education and Training'', ``Foreign Military Financing
Program'', ``International Organizations and Programs'', ``United
States International Development Finance Corporation'', and ``Trade and
Development Agency'' shall be available for obligation for programs,
projects, activities, type of materiel assistance, countries, or other
operations not justified or in excess of the amount justified to the
Committees on Appropriations for obligation under any of these specific
headings unless the Committees on Appropriations are notified 15 days
in advance of such obligation: Provided, That the President shall not
enter into any commitment of funds appropriated for the purposes of
section 23 of the Arms Export Control Act for the provision of major
defense equipment, other than conventional ammunition, or other major
defense items defined to be aircraft, ships, missiles, or combat
vehicles, not previously justified to Congress or 20 percent in excess
of the quantities justified to Congress unless the Committees on
Appropriations are notified 15 days in advance of such commitment:
Provided further, That requirements of this subsection or any similar
provision of this or any other Act shall not apply to any reprogramming
for a program, project, or activity for which funds are appropriated
under titles III through VI of this Act of less than 10 percent of the
amount previously justified to Congress for obligation for such
program, project, or activity for the current fiscal year: Provided
further, That any notification submitted pursuant to subsection (f) of
this section shall include information on the use of notwithstanding
authority.
d
Department of Defense Programs and Funding Notifications.--
(1) Programs.--None of the funds appropriated by this Act
or prior Acts making appropriations for the Department of
State, foreign operations, and related programs may be made
available to support or continue any program initially funded
under any authority of title 10, United States Code, or any Act
making or authorizing appropriations for the Department of
Defense, unless the Secretary of State, in consultation with
the Secretary of Defense and in accordance with the regular
notification procedures of the Committees on Appropriations,
submits a justification to such Committees that includes a
description of, and the annual estimated costs associated with,
the support or continuation of such program.
(2) Funding.--Funds transferred by the Department of
Defense to the Department of State for assistance for foreign
countries and international organizations shall be subject to
the regular notification procedures of the Committees on
Appropriations.
(3) Notification on excess defense articles.--Prior to
providing excess Department of Defense articles in accordance
with section 516(a) of the Foreign Assistance Act of 1961, the
Department of Defense shall notify the Committees on
Appropriations to the same extent and under the same conditions
as other committees pursuant to subsection (f) of that section:
Provided, That before issuing a letter of offer to sell excess
defense articles under the Arms Export Control Act, the
Department of Defense shall notify the Committees on
Appropriations in accordance with the regular notification
procedures of such Committees if such defense articles are
significant military equipment (as defined in section 47(9) of
the Arms Export Control Act) or are valued (in terms of
original acquisition cost) at $7,000,000 or more, or if
notification is required elsewhere in this Act for the use of
appropriated funds for specific countries that would receive
such excess defense articles: Provided further, That such
Committees shall also be informed of the original acquisition
cost of such defense articles.
e
Waiver.--Notwithstanding any other provision of law, the
requirements of this section or any similar provision of this Act or
any other Act, including any prior Act, requiring notification in
accordance with the regular notification procedures of, or
consultations with, the Committees on Appropriations may only be waived
if failure to do so would pose a substantial risk to human health or
welfare: Provided, That in case of any such waiver, notification to,
or consultation with, the Committees on Appropriations shall be
provided as early as practicable, but in no event later than 3 days
after taking the action to which such notification requirement was
applicable, in the context of the circumstances necessitating such
waiver: Provided further, That any notification provided pursuant to
such a waiver shall contain an explanation of the emergency
circumstances: Provided further, That no other provision of law
relating to such assistance may be construed to authorize a waiver or
alteration of the notification requirements of this section, or any
other notification or consultation required by this Act or prior Acts,
unless such provision explicitly cites to and supersedes this proviso.
f
Country Notification Requirements.--None of the funds
appropriated under titles III through VI of this Act may be obligated
or expended for assistance for Afghanistan, Burma, Cambodia, Colombia,
Cuba, Egypt, El Salvador, Georgia, Guatemala, Haiti, Honduras, Iran,
Iraq, Lebanon, Libya, Mexico, Nicaragua, Nigeria, Pakistan, the Russian
Federation, Somalia, South Sudan, Sudan, Syria, Tunisia, Ukraine,
Venezuela, Yemen, and Zimbabwe except as provided through the regular
notification procedures of the Committees on Appropriations.
g
Trust Funds.--Funds appropriated or otherwise made available in
title III of this Act and prior Acts making funds available for the
Department of State, foreign operations, and related programs that are
made available for a trust fund held by an international financial
institution shall be subject to the regular notification procedures of
the Committees on Appropriations, and such notification shall include
the information specified under this section in House Report 119-217.
h
Other Program Notification Requirements.--
(1) Other programs.--Funds appropriated by this Act that
are made available for the following programs and activities
shall be subject to the regular notification procedures of the
Committees on Appropriations:
(A) the Power Africa and Prosper Africa
initiatives;
(B) the Indo-Pacific Strategy;
(C) assistance made available pursuant to section
7066 of this Act;
(D) the Countering PRC Influence Fund and the
Countering Russian Influence Fund; and
(E) the America First Opportunity Fund.
(2) Arms sales.--The reports, notifications, and
certifications, and any other documents, required to be
submitted pursuant to section 36(a) of the Arms Export Control
Act (22 U.S.C. 2776), and such documents submitted pursuant to
section 36(b) through (d) of such Act with respect to countries
that have received assistance provided with funds appropriated
by this Act or prior Acts making appropriations for the
Department of State, foreign operations, and related programs,
shall be concurrently submitted to the Committees on
Appropriations and shall include information about the source
of funds for any sale or transfer, as applicable, if known at
the time of submission.
(3) Deobligated balances.--An obligation in excess of
$2,000,000 from deobligated balances of funds appropriated by
prior Acts making appropriations for the Department of State,
foreign operations, and related programs that remain available
due to the exercise of the authority in section 7011 of such
Acts shall be subject to the regular notification procedures of
the Committees on Appropriations.
i
Withholding of Funds.--Funds appropriated by this Act under
titles III and IV that are withheld from obligation or otherwise not
programmed as a result of application of a provision of law in this or
any other Act shall, if reprogrammed, be subject to the regular
notification procedures of the Committees on Appropriations.
j
Requirement to Inform.--The Secretary of State shall promptly
inform the appropriate congressional committees of each instance in
which funds appropriated by this Act for assistance have been diverted
or destroyed, to include the type and amount of assistance, a
description of the incident and parties involved, and an explanation of
the response of the Department of State: Provided, That the
requirement to inform of this subsection shall also apply to the
circumstances and in the manner described under this section in the
explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act).
k
Prior Consultation Requirement.--The Secretary of State, the
Chief Executive Officer of the United States International Development
Finance Corporation, and the Chief Executive Officer of the Millennium
Challenge Corporation shall consult with the Committees on
Appropriations at least 7 days prior to informing a government of, or
publicly announcing a decision on, the suspension or early termination
of assistance to a country or a territory, including as a result of an
interagency review of such assistance, from funds appropriated by this
Act or prior Acts making appropriations for the Department of State,
foreign operations, and related programs: Provided, That such
consultation shall include a detailed justification for such
suspension, including a description of the assistance being suspended.
documents, report posting, records management, and related
cybersecurity protections
Sec. 7016. (a) Document Requests.--None of the funds appropriated
or made available pursuant to titles III through VI of this Act shall
be available to a nongovernmental organization, including any
contractor, which fails to provide upon timely request any document,
file, or record necessary to the auditing requirements of the
Department of State.
b
Public Posting of Reports.--
(1) Any Federal agency funded by this Act shall maintain a
public website, and, except as provided in paragraphs (2) and
(3), any report required by this Act to be submitted to
Congress shall be posted on the public website of such agency
not later than 45 days following the receipt of such report by
Congress.
(2) Paragraph (1) shall not apply to a report if--
(A) the head of such agency determines and reports
to the Committees on Appropriations in the transmittal
letter accompanying such report that--
i
the public posting of the report would
compromise national security, including the
conduct of diplomacy; or
(ii) the report contains proprietary or
other privileged information; or
(B) the public posting of the report is
specifically exempted in House Report 119-217 or the
explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act).
(3) The agency posting such report shall do so only after
the report has been made available to the Committees on
Appropriations.
(4) The head of the agency posting such report shall do so
in a central location on the public website of such agency.
c
Records Management and Related Cybersecurity Protections.--The
heads of Federal agencies funded under titles I and II of this Act
shall--
(1) regularly review and update the policies, directives,
and oversight necessary to comply with Federal statutes,
regulations, and presidential executive orders and memoranda
concerning the preservation of all records made or received in
the conduct of official business, including record emails,
instant messaging, and other online tools;
(2) use funds appropriated by this Act to improve Federal
records management pursuant to the Federal Records Act (44
U.S.C. Chapters 21, 29, 31, and 33) and other applicable
Federal records management statutes, regulations, or policies
for such agencies;
(3) direct departing employees, including senior officials,
that all Federal records generated by such employees belong to
the Federal Government;
(4) substantially reduce, compared to the previous fiscal
year, the response time for identifying and retrieving Federal
records, including requests made pursuant to section 552 of
title 5, United States Code (commonly known as the ``Freedom of
Information Act''); and
(5) strengthen cybersecurity measures to mitigate
vulnerabilities, including those resulting from the use of
personal email accounts or servers outside the .gov domain,
improve the process to identify and remove inactive user
accounts, update and enforce guidance related to the control of
national security information, and implement the
recommendations of the applicable reports of the cognizant
Office of Inspector General.
use of funds in contravention of this act
Sec. 7017. If the President makes a determination not to comply
with any provision of this Act on constitutional grounds, the head of
the relevant Federal agency shall notify the Committees on
Appropriations in writing within 5 days of such determination, the
basis for such determination and any resulting changes to program or
policy.
prohibition on funding for abortions and involuntary sterilization
Sec. 7018. None of the funds made available to carry out part I of
the Foreign Assistance Act of 1961, as amended, may be used to pay for
the performance of abortions as a method of family planning or to
motivate or coerce any person to practice abortions. None of the funds
made available to carry out part I of the Foreign Assistance Act of
1961, as amended, may be used to pay for the performance of involuntary
sterilization as a method of family planning or to coerce or provide
any financial incentive to any person to undergo sterilizations. None
of the funds made available to carry out part I of the Foreign
Assistance Act of 1961, as amended, may be used to pay for any
biomedical research which relates in whole or in part, to methods of,
or the performance of, abortions or involuntary sterilization as a
means of family planning. None of the funds made available to carry out
part I of the Foreign Assistance Act of 1961, as amended, may be
obligated or expended for any country or organization if the President
certifies that the use of these funds by any such country or
organization would violate any of the above provisions related to
abortions and involuntary sterilizations.
allocations and reports
Sec. 7019. (a) Allocation Tables.--Subject to subsection (b), funds
appropriated by this Act under titles III through V shall be made
available at not less than the amounts specifically designated in the
respective tables included in the explanatory statement described in
section 4 (in the matter preceding division A of this consolidated
Act): Provided, That such designated amounts for foreign countries and
international organizations shall serve as the amounts for such
countries and international organizations transmitted to Congress in
the report required by section 653(a) of the Foreign Assistance Act of
1961, and shall be made available for such foreign countries and
international organizations notwithstanding the date of the
transmission of such report.
b
Authorized Deviations.--Unless otherwise provided for by this
Act, the Secretary of State may only deviate up to 10 percent below the
amounts specifically designated in the respective tables included in
the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act): Provided, That such
percentage may be exceeded only if the Secretary of State determines
and reports in writing to the Committees on Appropriations on a case-
by-case basis that such deviation is necessary to respond to
significant, exigent, or unforeseen events, or to address other
exceptional circumstances directly related to the national security
interest of the United States, including a description of such events
or circumstances: Provided further, That deviations pursuant to the
preceding proviso may not exceed 50 percent and shall be subject to
prior consultation with, and the regular notification procedures of,
the Committees on Appropriations.
c
Limitation.--For specifically designated amounts that are
included, pursuant to subsection (a), in the report required by section
653(a) of the Foreign Assistance Act of 1961, deviations authorized by
subsection (b) may only take place after submission of such report.
d
Exceptions.--
(1) Subsections (a) and (b) shall not apply to--
(A) funds for which the initial period of
availability has expired; and
(B) amounts designated by this Act as minimum
funding requirements.
(2) The authority of subsection (b) to deviate from amounts
designated in the respective tables included in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act) shall not apply to the
table included under the heading ``Global Health Programs'' in
such statement.
(3) With respect to the amounts designated for ``Global
Programs'' in the table under the heading ``National Security
Investment Programs'' included in the explanatory statement
described in section 4 (in the matter preceding division A of
this consolidated Act), the matter preceding the first proviso
in subsection (b) of this section shall be applied by
substituting ``5 percent'' for ``10 percent'', and the provisos
in such subsection (b) shall not apply.
e
Reports and Consultations.--The Secretary of State and other
designated officials, as appropriate, shall submit the reports and
conduct the consultations required, in the manner described, in House
Report 119-217 and the explanatory statement described in section 4 (in
the matter preceding division A of this consolidated Act), unless
otherwise directed in such explanatory statement.
f
Clarification.--Funds appropriated by this Act under the
heading ``International Humanitarian Assistance'' shall not be included
for purposes of meeting amounts designated for countries in this Act,
unless such heading is specifically designated as the source of funds.
g
Report.--Not later than 45 days after the date of enactment of
this Act, the Secretary of State shall submit to the Committees on
Appropriations the report required by section 653(a) of the Foreign
Assistance Act of 1961 for fiscal year 2025: Provided, That such
report shall also include details on the allocation of funds at the
program, project, and activity level for meeting the congressionally
directed amounts specifically designated for a purpose in the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2024 (division F of Public Law 118-47), as carried
forward by the Continuing Appropriations Act, 2025 (division A of
Public Law 119-4), to include the amounts specifically designated in
title VII of such Acts: Provided further, That not later than 30 days
after the date of enactment of this Act, the Secretary shall consult
with the Committees on Appropriations on the structure and details to
accompany such report.
multi-year pledges
Sec. 7020. None of the funds appropriated or otherwise made
available by this Act may be used to make any pledge for future year
funding for any multilateral or bilateral program funded in titles III
through VI of this Act unless such pledge meets the requirements
contained under this section in House Report 119-217.
prohibition on assistance to governments supporting international
terrorism
Sec. 7021. (a) Lethal Military Equipment Exports.--
(1) Prohibition.--None of the funds appropriated or
otherwise made available under titles III through VI of this
Act may be made available to any foreign government which
provides lethal military equipment to a country the government
of which the Secretary of State has determined supports
international terrorism for purposes of section 1754(c) of the
Export Control Reform Act of 2018 (50 U.S.C. 4813(c)):
Provided, That the prohibition under this section with respect
to a foreign government shall terminate 12 months after that
government ceases to provide such military equipment: Provided
further, That this section applies with respect to lethal
military equipment provided under a contract entered into after
October 1, 1997.
(2) Determination.--Assistance restricted by paragraph (1)
or any other similar provision of law, may be furnished if the
President determines that to do so is important to the national
interest of the United States.
(3) Report.--Whenever the President makes a determination
pursuant to paragraph (2), the President shall submit to the
Committees on Appropriations a report with respect to the
furnishing of such assistance, including a detailed explanation
of the assistance to be provided, the estimated dollar amount
of such assistance, and an explanation of how the assistance
furthers the United States national interest.
b
Bilateral Assistance.--
(1) Limitations.--Funds appropriated for bilateral
assistance in titles III through VI of this Act and funds
appropriated under any such title in prior Acts making
appropriations for the Department of State, foreign operations,
and related programs, shall not be made available to any
foreign government which the President determines--
(A) grants sanctuary from prosecution to any
individual or group which has committed an act of
international terrorism;
(B) otherwise supports international terrorism; or
(C) is controlled by an organization designated as
a terrorist organization under section 219 of the
Immigration and Nationality Act (8 U.S.C. 1189).
(2) Waiver.--The President may waive the application of
paragraph (1) to a government if the President determines that
national security or humanitarian reasons justify such waiver:
Provided, That the President shall publish each such waiver in
the Federal Register and, at least 15 days before the waiver
takes effect, shall notify the Committees on Appropriations of
the waiver (including the justification for the waiver) in
accordance with the regular notification procedures of the
Committees on Appropriations.
authorization requirements
Sec. 7022. Funds appropriated by this Act, except funds
appropriated under the heading ``Trade and Development Agency'', may be
obligated and expended notwithstanding section 10 of Public Law 91-672
(22 U.S.C. 2412), section 15 of the State Department Basic Authorities
Act of 1956 (22 U.S.C. 2680), section 313 of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995 (22 U.S.C. 6212), and
section 504(a)(1) of the National Security Act of 1947 (50 U.S.C.
3094(a)(1)).
definition of program, project, and activity
Sec. 7023. For the purpose of titles II through VI of this Act,
``program, project, and activity'' shall be defined at the
appropriations Act account level and shall include all appropriations
and authorizations Acts funding directives, ceilings, and limitations
with the exception that for the ``National Security Investment
Programs'', ``International Narcotics Control and Law Enforcement'',
and ``Foreign Military Financing Program'' accounts, ``program,
project, and activity'' shall also be considered to include country,
regional, and central program level funding within each such account,
either as--
(1) justified to Congress; or
(2) allocated by the Executive Branch in accordance with
the report required by section 653(a) of the Foreign Assistance
Act of 1961 or as modified pursuant to section 7019 of this
Act.
clarification
Sec. 7024. Unless expressly provided to the contrary, provisions
of this or any other Act, including provisions contained in prior Acts
authorizing or making appropriations for the Department of State,
foreign operations, and related programs, shall not be construed to
prohibit activities authorized by or conducted under the Peace Corps
Act, the Inter-American Foundation Act, or the African Development
Foundation Act: Provided, That prior to conducting activities in a
country for which assistance is prohibited, the agency shall consult
with the Committees on Appropriations and report to such Committees
within 15 days of taking such action.
commerce, trade and surplus commodities
Sec. 7025. (a) World Markets.--None of the funds appropriated or
made available pursuant to titles III through VI of this Act for direct
assistance and none of the funds otherwise made available to the
Export-Import Bank and the United States International Development
Finance Corporation shall be obligated or expended to finance any loan,
any assistance, or any other financial commitments for establishing or
expanding production of any commodity for export by any country other
than the United States, if the commodity is likely to be in surplus on
world markets at the time the resulting productive capacity is expected
to become operative and if the assistance will cause substantial injury
to United States producers of the same, similar, or competing
commodity: Provided, That such prohibition shall not apply to the
Export-Import Bank if in the judgment of its Board of Directors the
benefits to industry and employment in the United States are likely to
outweigh the injury to United States producers of the same, similar, or
competing commodity, and the Chairman of the Board so notifies the
Committees on Appropriations: Provided further, That this subsection
shall not prohibit--
(1) activities in a country that is eligible for assistance
from the International Development Association, is not eligible
for assistance from the International Bank for Reconstruction
and Development, and does not export on a consistent basis the
agricultural commodity with respect to which assistance is
furnished; or
(2) activities in a country the President determines is
recovering from widespread conflict, a humanitarian crisis, or
a complex emergency.
b
Exports.--None of the funds appropriated by this or any other
Act to carry out chapter 1 of part I of the Foreign Assistance Act of
1961 shall be available for any testing or breeding feasibility study,
variety improvement or introduction, consultancy, publication,
conference, or training in connection with the growth or production in
a foreign country of an agricultural commodity for export which would
compete with a similar commodity grown or produced in the United
States: Provided, That this subsection shall not prohibit--
(1) activities designed to increase food security in
developing countries where such activities will not have a
significant impact on the export of agricultural commodities of
the United States;
(2) research activities intended primarily to benefit
United States producers;
(3) activities in a country that is eligible for assistance
from the International Development Association, is not eligible
for assistance from the International Bank for Reconstruction
and Development, and does not export on a consistent basis the
agricultural commodity with respect to which assistance is
furnished; or
(4) activities in a country the President determines is
recovering from widespread conflict, a humanitarian crisis, or
a complex emergency.
c
International Financial Institutions.--The Secretary of the
Treasury shall instruct the United States executive director of each
international financial institution to use the voice and vote of the
United States to oppose any assistance by such institution, using funds
appropriated or otherwise made available by this Act, for the
production or extraction of any commodity or mineral for export, if it
is in surplus on world markets and if the assistance will cause
substantial injury to United States producers of the same, similar, or
competing commodity.
separate accounts
Sec. 7026. (a) Separate Accounts for Local Currencies.--
(1) Agreements.--If assistance is furnished to the
government of a foreign country under chapters 1 and 10 of part
I or chapter 4 of part II of the Foreign Assistance Act of 1961
under agreements which result in the generation of local
currencies of that country, the Secretary of State shall--
(A) require that local currencies be deposited in a
separate account established by that government;
(B) enter into an agreement with that government
which sets forth--
i
the amount of the local currencies to
be generated; and
(ii) the terms and conditions under which
the currencies so deposited may be utilized,
consistent with this section; and
(C) establish by agreement with that government the
responsibilities of the Department of State and that
government to monitor and account for deposits into and
disbursements from the separate account.
(2) Uses of local currencies.--As may be agreed upon with
the foreign government, local currencies deposited in a
separate account pursuant to subsection (a), or an equivalent
amount of local currencies, shall be used only--
(A) to carry out chapter 1 or 10 of part I or
chapter 4 of part II of the Foreign Assistance Act of
1961 (as the case may be), for such purposes as--
i
project and sector assistance
activities; or
(ii) debt and deficit financing; or
(B) for the administrative requirements of the
United States Government.
(3) Programming accountability.--The Department of State
shall take all necessary steps to ensure that the equivalent of
the local currencies disbursed pursuant to subsection (a)(2)(A)
from the separate account established pursuant to subsection
a
(1) are used for the purposes agreed upon pursuant to
subsection (a)(2).
(4) Termination of assistance programs.--Upon termination
of assistance to a country under chapter 1 or 10 of part I or
chapter 4 of part II of the Foreign Assistance Act of 1961 (as
the case may be), any unencumbered balances of funds which
remain in a separate account established pursuant to subsection
a
shall be disposed of for such purposes as may be agreed to
by the government of that country and the United States
Government.
b
Separate Accounts for Cash Transfers.--
(1) In general.--If assistance is made available to the
government of a foreign country, under chapter 1 or 10 of part
I or chapter 4 of part II of the Foreign Assistance Act of
1961, as cash transfer assistance or as nonproject sector
assistance, that country shall be required to maintain such
funds in a separate account and not commingle with any other
funds.
(2) Applicability of other provisions of law.--Such funds
may be obligated and expended notwithstanding provisions of law
which are inconsistent with the nature of this assistance,
including provisions which are referenced in the Joint
Explanatory Statement of the Committee of Conference
accompanying House Joint Resolution 648 (House Report No. 98-
1159).
(3) Notification.--At least 15 days prior to obligating any
such cash transfer or nonproject sector assistance, the
President shall submit a notification through the regular
notification procedures of the Committees on Appropriations,
which shall include a detailed description of how the funds
proposed to be made available will be used, with a discussion
of the United States interests that will be served by such
assistance (including, as appropriate, a description of the
economic policy reforms that will be promoted by such
assistance).
(4) Exemption.--Nonproject sector assistance funds may be
exempt from the requirements of paragraph (1) only through the
regular notification procedures of the Committees on
Appropriations.
eligibility for assistance
Sec. 7027. (a) Assistance Through Nongovernmental Organizations.--
Restrictions contained in this or any other Act with respect to
assistance for a country shall not be construed to restrict assistance
in support of programs of nongovernmental organizations from funds
appropriated by this Act to carry out the provisions of chapters 1, 10,
11, and 12 of part I and chapter 4 of part II of the Foreign Assistance
Act of 1961, the FREEDOM Support Act (Public Law 102-511), and the
Support for East European Democracy (SEED) Act of 1989 (Public Law 101-
179): Provided, That before using the authority of this subsection to
furnish assistance in support of programs of nongovernmental
organizations, the President shall notify the Committees on
Appropriations pursuant to the regular notification procedures,
including a description of the program to be assisted, the assistance
to be provided, and the reasons for furnishing such assistance:
Provided further, That nothing in this subsection shall be construed to
alter any existing statutory prohibitions against abortion or
involuntary sterilizations contained in this or any other Act.
b
Public Law 480.--During fiscal year 2026, restrictions
contained in this or any other Act with respect to assistance for a
country shall not be construed to restrict assistance under the Food
for Peace Act (Public Law 83-480; 7 U.S.C. 1721 et seq.): Provided,
That none of the funds appropriated to carry out title I of such Act
and made available pursuant to this subsection may be obligated or
expended except as provided through the regular notification procedures
of the Committees on Appropriations.
c
Exception.--This section shall not apply--
(1) with respect to section 620A of the Foreign Assistance
Act of 1961 or any comparable provision of law prohibiting
assistance to countries that support international terrorism;
or
(2) with respect to section 116 of the Foreign Assistance
Act of 1961 or any comparable provision of law prohibiting
assistance to the government of a country that violates
internationally recognized human rights.
promotion of united states economic interests
Sec. 7028. (a) Diplomatic Engagement.--Consistent with section 704
of the Championing American Business Through Diplomacy Act of 2019
(title VII of division J of Public Law 116-94), the Secretary of State,
in consultation with the Secretary of Commerce, shall prioritize the
allocation of funds appropriated by this Act under the heading
``Diplomatic Programs'' for support of Chief of Mission diplomatic
engagement to foster commercial relations and safeguard United States
economic and business interests in the country in which each Chief of
Mission serves, including activities and initiatives to create and
maintain an enabling environment, promote and protect such interests,
and resolve commercial disputes: Provided, That each Mission Resource
Request and Bureau Resource Request shall include amounts required to
prioritize the activities described in this subsection.
b
Training.--In carrying out section 705 of title VII of division
J of Public Law 116-94, the Secretary of State shall annually assess
training needs across the economic and commercial diplomacy issue areas
and ensure, after a review of course offerings, course attendance
records, and course evaluation results, that current offerings meet
training needs.
c
Assistance.--
(1) The Secretary of State should direct each Chief of
Mission to consider how best to advance and support commercial
relations and the safeguarding of United States business
interests in the development and execution of the applicable
Integrated Country Strategy and the Mission Resource Request
for each country receiving bilateral assistance from funds
appropriated by this Act.
(2) Of the funds appropriated by this Act under the heading
``National Security Investment Programs'', not less than
$5,000,000 shall be made available to enhance and expand
Department of State coordination with the Department of
Commerce on the furtherance of national and economic security
interests, subject to the coordination and concurrence of the
Assistant Secretary for Global Markets and Director General,
United States Foreign Commercial Service: Provided, That such
funds shall not be used to subsidize or replicate ongoing
activities of the United State Foreign Commercial Service, and
may not be used for programs or activities in the United
States: Provided further, That such funds are subject to prior
consultation with, and the regular notification procedures of,
the Committees on Appropriations.
international financial institutions
Sec. 7029. (a) Evaluations.--The Secretary of the Treasury shall
instruct the United States executive director of each international
financial institution to use the voice of the United States to
encourage such institution to adopt and implement a publicly available
policy, including the strategic use of peer reviews and external
experts, to conduct independent, in-depth evaluations of the
effectiveness of at least 35 percent of all loans, grants, programs,
and significant analytical non-lending activities in advancing the
institution's goals of reducing poverty and promoting equitable
economic growth, consistent with relevant safeguards, to ensure that
decisions to support such loans, grants, programs, and activities are
based on accurate data and objective analysis.
b
Safeguards.--
(1) Standards.--The Secretary of the Treasury shall
instruct the United States Executive Director of the
International Bank for Reconstruction and Development and the
International Development Association to use the voice and vote
of the United States to oppose any loan, grant, policy, or
strategy if such institution has adopted and is implementing
any social or environmental safeguard relevant to such loan,
grant, policy, or strategy that provides less protection than
World Bank safeguards in effect on September 30, 2015.
(2) Accountability, standards, and best practices.--The
Secretary of the Treasury shall instruct the United States
executive director of each international financial institution
to use the voice and vote of the United States to oppose loans
or other financing for projects unless such projects--
(A) provide for accountability and transparency,
including the collection, verification, and publication
of beneficial ownership information related to
extractive industries and on-site monitoring during the
life of the project;
(B) will be developed and carried out in accordance
with best practices regarding environmental
conservation, cultural protection, and empowerment of
local populations, including free, prior and informed
consent of affected Indigenous communities;
(C) do not provide incentives for, or facilitate,
forced displacement or other violations of human
rights; and
(D) do not partner with or otherwise involve
enterprises owned or controlled by the armed forces.
c
Compensation.--None of the funds appropriated under title V of
this Act may be made as payment to any international financial
institution while the United States executive director to such
institution is compensated by the institution at a rate which, together
with whatever compensation such executive director receives from the
United States, is in excess of the rate provided for an individual
occupying a position at level IV of the Executive Schedule under
section 5315 of title 5, United States Code, or while any alternate
United States executive director to such institution is compensated by
the institution at a rate in excess of the rate provided for an
individual occupying a position at level V of the Executive Schedule
under section 5316 of title 5, United States Code.
d
Human Rights.--The Secretary of the Treasury shall instruct the
United States executive director of each international financial
institution to use the voice and vote of the United States to promote
human rights due diligence and risk management, as appropriate, in
connection with any loan, grant, policy, or strategy of such
institution.
e
Fraud and Corruption.--The Secretary of the Treasury shall
instruct the United States executive director of each international
financial institution to use the voice of the United States to include
in loan, grant, and other financing agreements improvements in
borrowing countries' financial management and judicial capacity to
investigate, prosecute, and punish fraud and corruption.
f
Beneficial Ownership Information.--The Secretary of the
Treasury shall instruct the United States executive director of each
international financial institution to use the voice of the United
States to encourage such institution to collect, verify, and publish,
to the maximum extent practicable, beneficial ownership information
(excluding proprietary information) for any corporation or limited
liability company, other than a publicly listed company, that receives
funds from any such financial institution.
g
Whistleblower Protections.--The Secretary of the Treasury shall
instruct the United States executive director of each international
financial institution to use the voice of the United States to
encourage such institution to effectively implement and enforce
policies and procedures which meet or exceed best practices in the
United States for the protection of whistleblowers from retaliation,
including--
(1) protection against retaliation for internal and lawful
public disclosure;
(2) legal burdens of proof;
(3) statutes of limitation for reporting retaliation;
(4) access to binding independent adjudicative bodies,
including shared cost and selection external arbitration; and
(5) results that eliminate the effects of proven
retaliation, including provision for the restoration of prior
employment.
h
Grievance Mechanisms and Procedures.--The Secretary of the
Treasury shall instruct the United States executive director of each
international financial institution to use the voice of the United
States to support independent investigative and adjudicative mechanisms
and procedures that meet or exceed best practices in the United States
to provide due process and fair compensation, including the right to
reinstatement, for employees who are subjected to harassment,
discrimination, retaliation, false allegations, or other misconduct.
i
Capital Increases.--None of the funds appropriated by this Act
may be made available to support a new capital increase for an
international financial institution unless the President submits a
budget request for such increase to Congress and the Secretary of the
Treasury concurrent with such request determines and reports to the
Committees on Appropriations that--
(1) the capital increase sets such institution on a path to
meet its regional or global objectives, as appropriate,
including its overarching strategic framework and vision for
its role in development finance, and such increase includes
agreement on internal reforms and policy measures necessary to
enhance the efficiency and effectiveness of the institution;
and
(2) the capital increase does not increase the voting power
of the People's Republic of China in such institution relative
to that of the United States, unless the Secretary of the
Treasury certifies and reports to the appropriate congressional
committees that such capital increase is in the national
interest of the United States.
j
Opposition to Lending to the People's Republic of China.--The
Secretary of the Treasury shall instruct the United States executive
director at each multilateral development bank to use the voice and
vote of the United States to oppose any loan, extension of financial
assistance, or technical assistance by such bank to the People's
Republic of China.
k
Report.--Not later than 120 days after the date of enactment of
this Act, the Secretary of the Treasury shall submit a report to the
Committees on Appropriations detailing any funding provided in the
prior calendar year by a financial intermediary fund overseen by the
Department of the Treasury to the People's Republic of China or any
country or region subject to comprehensive sanctions by the United
States.
economic resilience initiative
Sec. 7030. (a) Of the funds appropriated by this Act under the
heading ``National Security Investment Programs'', not less than
$155,000,000 shall be made available for the Economic Resilience
Initiative to enhance the economic security and stability of the United
States and partner countries, including through efforts to counter
economic coercion: Provided, That funds made available by this section
may only be made available following consultation with, and the regular
notification procedures of, the Committees on Appropriations, and shall
include support for--
(1) strategic infrastructure investments, which shall be
administered by the Secretary of State in consultation with the
heads of other relevant Federal agencies;
(2) activities to enhance critical mineral supply chain
security; and
(3) the Cyberspace, Digital Connectivity, and Related
Technologies Fund in accordance with Chapter 10 of Part II of
the Foreign Assistance Act of 1961: Provided, That the
authority of section 592(f) of such Act may apply to amounts
made available for such Fund under the heading ``National
Security Investment Programs'' and such funds may be made
available for the Digital Connectivity and Cybersecurity
Partnership program consistent with section 6306 of the
Department of State Authorization Act of 2023 (division F of
Public Law 118-31).
b
Funds appropriated by subsection (a) may be transferred to, and
merged with, funds appropriated by this Act to the Export-Import Bank
of the United States under the heading ``Program Account'', to the
United States International Development Finance Corporation under the
heading ``Corporate Capital Account'', and under the heading ``Trade
and Development Agency'': Provided, That such transfer authority is in
addition to any other transfer authority provided by this Act or any
other Act, and is subject to the regular notification procedures of the
Committees on Appropriations.
c
Of the funds appropriated under title III of this Act, not less
than $185,250,000 shall be made available for energy development and
security programs for countries globally through approaches consistent
with section 3 of the Electrify Africa Act (Public Law 114-121), to
improve energy access, productivity, and self-reliance, including to
counter the influence of the People's Republic of China and increase
the economic competitiveness of the United States in the energy sector.
d
Section 7030(c) of division F of Public Law 118-47 shall apply
during fiscal year 2026.
financial management, budget transparency, and anti-corruption
Sec. 7031. (a) Limitation on Direct Government-to-Government
Assistance.--
(1) Requirements.--Funds appropriated by this Act may be
made available for direct government-to-government assistance
only if--
(A) the requirements included in section
7031(a)(1)(A) through (E) of the Department of State,
Foreign Operations, and Related Programs Appropriations
Act, 2019 (division F of Public Law 116-6) are fully
met; and
(B) the government of the recipient country is
taking steps to reduce corruption.
(2) Consultation and notification.--In addition to the
requirements in paragraph (1), funds may only be made available
for direct government-to-government assistance subject to prior
consultation with, and the regular notification procedures of,
the Committees on Appropriations: Provided, That such
notification shall contain an explanation of how the proposed
activity meets the requirements of paragraph (1): Provided
further, That the requirements of this paragraph shall only
apply to direct government-to-government assistance in excess
of $2,500,000 and all funds available for cash transfer, budget
support, and cash payments to individuals.
(3) Suspension of assistance.--The Secretary of State shall
suspend any direct government-to-government assistance if the
Secretary has credible information of material misuse of such
assistance, unless the Secretary reports to the Committees on
Appropriations that it is in the national interest of the
United States to continue such assistance, including a
justification, or that such misuse has been appropriately
addressed.
(4) Submission of information.--The Secretary of State
shall submit to the Committees on Appropriations, concurrent
with the fiscal year 2027 congressional budget justification
materials, amounts planned for assistance described in
paragraph (1) by country, proposed funding amount, source of
funds, and type of assistance.
(5) Debt service payment prohibition.--None of the funds
made available by this Act may be used by the government of any
foreign country for debt service payments owed by any country
to any international financial institution or to the Government
of the People's Republic of China.
b
National Budget and Contract Transparency.--
(1) Minimum requirements of fiscal transparency.--The
Secretary of State shall continue to update and strengthen the
``minimum requirements of fiscal transparency'' for each
government receiving assistance appropriated by this Act, as
identified in the report required by section 7031(b) of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2014 (division K of Public Law 113-76).
(2) Determination and report.--For each government
identified pursuant to paragraph (1), the Secretary of State,
not later than 180 days after the date of enactment of this
Act, shall make or update any determination of ``significant
progress'' or ``no significant progress'' in meeting the
minimum requirements of fiscal transparency, and make such
determinations publicly available in an annual ``Fiscal
Transparency Report'' to be posted on the Department of State
website: Provided, That such report shall include the elements
included under this section in House Report 118-146.
(3) Assistance.--Not less than $5,000,000 of the funds
appropriated by this Act under the heading ``National Security
Investment Programs'' shall be made available for programs and
activities to assist governments identified pursuant to
paragraph (1) to improve budget transparency and to support
civil society organizations in such countries that promote
budget transparency.
c
Anti-Kleptocracy and Human Rights.--
(1) Ineligibility.--
(A) Officials of foreign governments and their
immediate family members about whom the Secretary of
State has credible information have been involved,
directly or indirectly, in significant corruption,
including corruption related to the extraction of
natural resources, or a gross violation of human
rights, including the wrongful detention of locally
employed staff of a United States diplomatic mission or
a United States citizen or national, shall be
ineligible for entry into the United States.
(B) Concurrent with the application of subparagraph
(A), the Secretary shall, as appropriate, refer the
matter to the Office of Foreign Assets Control,
Department of the Treasury, to determine whether to
apply sanctions authorities in accordance with United
States law to block the transfer of property and
interests in property, and all financial transactions,
in the United States involving any person described in
such subparagraph.
(C) The Secretary shall also publicly or privately
designate or identify the officials of foreign
governments and their immediate family members about
whom the Secretary has such credible information
without regard to whether the individual has applied
for a visa.
(2) Exception.--Individuals shall not be ineligible for
entry into the United States pursuant to paragraph (1) if such
entry would further important United States law enforcement
objectives or is necessary to permit the United States to
fulfill its obligations under the United Nations Headquarters
Agreement: Provided, That nothing in paragraph (1) shall be
construed to derogate from United States Government obligations
under applicable international agreements.
(3) Waiver.--The Secretary may waive the application of
paragraph (1) if the Secretary determines that the waiver would
serve a compelling national interest or that the circumstances
which caused the individual to be ineligible have changed
sufficiently.
(4) Report.--Not later than 30 days after the date of
enactment of this Act, and every 90 days thereafter until
September 30, 2027, the Secretary of State shall submit a
report, including a classified annex if necessary, to the
appropriate congressional committees and the Committees on the
Judiciary describing the information related to corruption or
violation of human rights concerning each of the individuals
found ineligible in the previous 12 months pursuant to
paragraph (1)(A) as well as the individuals who the Secretary
designated or identified pursuant to paragraph (1)(B), or who
would be ineligible but for the application of paragraph (2), a
list of any waivers provided under paragraph (3), and the
justification for each waiver.
(5) Posting of report.--Any unclassified portion of the
report required under paragraph (4) shall be posted on the
Department of State website.
(6) Clarification.--For purposes of paragraphs (1), (4),
and (5), the records of the Department of State and of
diplomatic and consular offices of the United States pertaining
to the issuance or refusal of visas or permits to enter the
United States shall not be considered confidential.
d
Extraction of Natural Resources.--
(1) Assistance.--Funds appropriated by this Act shall be
made available to promote and support transparency and
accountability of expenditures and revenues related to the
extraction of natural resources, including by strengthening
implementation and monitoring of the Extractive Industries
Transparency Initiative, implementing and enforcing section
8204 of the Food, Conservation, and Energy Act of 2008 (Public
Law 110-246; 122 Stat. 2052) and the amendments made by such
section, and to prevent the sale of conflict minerals, and for
technical assistance to promote independent audit mechanisms
and support civil society participation in natural resource
management.
(2) Public disclosure and independent audits.--
(A) The Secretary of the Treasury shall instruct
the executive director of each international financial
institution to use the voice and vote of the United
States to oppose any assistance by such institutions
(including any loan, credit, grant, or guarantee) to
any country for the extraction and export of a natural
resource if the government of such country has in place
laws, regulations, or procedures to prevent or limit
the public disclosure of company payments as required
by United States law, and unless such government has
adopted laws, regulations, or procedures in the sector
in which assistance is being considered that: (1)
accurately account for and publicly disclose payments
to the government by companies involved in the
extraction and export of natural resources; (2) include
independent auditing of accounts receiving such
payments and the public disclosure of such audits; and
(3) require public disclosure of agreement and bidding
documents, as appropriate.
(B) The requirements of subparagraph (A) shall not
apply to assistance for the purpose of building the
capacity of such government to meet the requirements of
such subparagraph.
democracy programs
Sec. 7032. (a) Funding.--Of the funds appropriated by this Act
under the headings ``National Security Investment Programs'',
``Democracy Fund'', and ``International Narcotics Control and Law
Enforcement'', $2,175,000,000 should be made available for democracy
programs as described under this section in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act).
b
Authorities.--
(1) Availability.--Funds made available by this Act for
democracy programs pursuant to subsection (a) and under the
heading ``National Endowment for Democracy'' may be made
available notwithstanding any other provision of law, and with
regard to the National Endowment for Democracy (NED), any
regulation.
(2) Beneficiaries.--Funds made available by this Act for
the NED are made available pursuant to the authority of the
National Endowment for Democracy Act (title V of Public Law 98-
164), including all decisions regarding the selection of
beneficiaries.
c
Definition of Democracy Programs.--For purposes of funds
appropriated by this Act, the term ``democracy programs'' means
programs that support good governance, credible and competitive
elections, freedom of expression, association, assembly, and religion,
human rights, labor rights, independent media, and the rule of law, and
that otherwise strengthen the capacity of democratic political parties,
governments, nongovernmental organizations and institutions, and
citizens to support the development of democratic states and
institutions that are responsive and accountable to citizens.
d
Restrictions on Foreign Government Interference.--
(1) Prior approval.--With respect to the provision of
assistance for democracy programs in this Act, the
organizations implementing such assistance, the specific nature
of the assistance, and the participants in such programs shall
not be subject to prior approval by the government of any
foreign country.
(2) Disclosure of implementing partner information.--If the
Secretary of State determines that the government of the
country is undemocratic or has engaged in or condoned
harassment, threats, or attacks against organizations
implementing democracy programs, any new bilateral agreement
governing the terms and conditions under which assistance is
provided to such country shall not require the disclosure of
the names of implementing partners of democracy programs, and
the Secretary of State shall expeditiously seek to negotiate
amendments to existing bilateral agreements, as necessary, to
conform to this requirement.
e
Protection of Civil Society Activists and Journalists.--Funds
appropriated by this Act under the headings ``National Security
Investment Programs'' and ``Democracy Fund'' shall be made available to
support and protect members of civil society and journalists who have
been threatened, harassed, or attacked.
international religious freedom
Sec. 7033. (a) International Religious Freedom Office.--Funds
appropriated by this Act under the heading ``Diplomatic Programs''
shall be made available for the Office of International Religious
Freedom, Department of State.
b
Assistance.--
(1) Of the funds appropriated by this Act under the
headings ``National Security Investment Programs'' and
``Democracy Fund'', not less than $40,000,000 shall be made
available for international religious freedom programs:
Provided, That such funds shall be the responsibility of the
Ambassador-at-Large for International Religious Freedom, in
consultation with other relevant United States Government
officials: Provided further, That such funds shall be
prioritized for programs in countries designated as a country
of particular concern for religious freedom pursuant to section
402(b)(1)(A)(ii) of the International Religious Freedom Act of
1998 (22 U.S.C. 6442).
(2) Funds appropriated by this Act under the heading
``International Humanitarian Assistance'' shall be made
available for humanitarian assistance for vulnerable and
persecuted ethnic and religious minorities, including victims
of genocide designated by the Secretary of State and other
groups that have suffered crimes against humanity and ethnic
cleansing.
c
Authority.--Funds appropriated by this Act under the heading
``National Security Investment Programs'' may be made available
notwithstanding any other provision of law for assistance for ethnic
and religious minorities in Iraq and Syria.
special provisions
Sec. 7034. (a) Victims of War, Displaced Children, and Displaced
Burmese.--Funds appropriated in title III of this Act that are made
available for victims of war, displaced children, displaced Burmese,
and to combat trafficking in persons and assist victims of such
trafficking may be made available notwithstanding any other provision
of law.
b
Forensic Assistance.--Of the funds appropriated by this Act
under the headings ``National Security Investment Programs'' and
``International Narcotics Control and Law Enforcement'', not less than
$15,000,000 shall be made available for forensic assistance related to
combating human trafficking as well as the exhumation and
identification of victims of war crimes, crimes against humanity, and
genocide: Provided, That such funds shall be in addition to funds made
available by this Act and prior Acts making appropriations for the
Department of State, foreign operations, and related programs for
assistance for countries.
c
Directives and Authorities.--
(1) Genocide victims memorial sites.--Funds appropriated by
this Act under the heading ``National Security Investment
Programs'' may be made available as contributions to establish
and maintain memorial sites of genocide, subject to the regular
notification procedures of the Committees on Appropriations.
(2) Exchange visitor program.--None of the funds made
available by this Act may be used to modify the Exchange
Visitor Program administered by the Department of State to
implement the Mutual Educational and Cultural Exchange Act of
1961 (Public Law 87-256; 22 U.S.C. 2451 et seq.), except
through the formal rulemaking process pursuant to the
Administrative Procedure Act (5 U.S.C. 551 et seq.) and
notwithstanding the exception to such rulemaking process in
such Act: Provided, That funds made available for such purpose
shall only be made available after consultation with, and
subject to the regular notification procedures of, the
Committees on Appropriations, regarding how any proposed
modification would affect the public diplomacy goals of, and
the estimated economic impact on, the United States: Provided
further, That such consultation shall take place not later than
30 days prior to the publication in the Federal Register of any
regulatory action modifying the Exchange Visitor Program.
(3) Payments.--Funds appropriated by this Act and prior
Acts making appropriations for the Department of State, foreign
operations, and related programs under the headings
``Diplomatic Programs'', except for funds designated by
Congress as an emergency requirement pursuant to a concurrent
resolution on the budget or the Balanced Budget and Emergency
Deficit Control Act of 1985, are available to provide payments
pursuant to section 901(i)(2) of title IX of division J of the
Further Consolidated Appropriations Act, 2020 (22 U.S.C.
2680b(i)(2)): Provided, That funds made available pursuant to
this paragraph shall be subject to prior consultation with the
Committees on Appropriations.
(4) Program coordination.--The fourth proviso under the
heading ``International Narcotics Control and Law Enforcement''
in the Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2022 (division K of Public Law
117-103) shall continue in effect during fiscal year 2026 and
apply to funds appropriated under such heading in this Act.
d
Partner Vetting.--Prior to initiating a partner vetting
program, providing a direct vetting option, or making a significant
change to the scope of an existing partner vetting program, the
Secretary of State shall consult with the Committees on Appropriations:
Provided, That the Secretary of State may restrict the award of,
terminate, or cancel contracts, grants, or cooperative agreements or
require an awardee to restrict the award of, terminate, or cancel a
sub-award based on information in connection with a partner vetting
program.
e
International Child Abductions.--The Secretary of State should
withhold funds appropriated under title III of this Act for assistance
for the central government of any country that is not taking
appropriate steps to comply with the Convention on the Civil Aspects of
International Child Abductions, done at the Hague on October 25, 1980:
Provided, That the Secretary shall report to the Committees on
Appropriations within 15 days of withholding funds under this
subsection.
f
Contingencies.--During fiscal year 2026, the President may use
up to $125,000,000 under the authority of section 451 of the Foreign
Assistance Act of 1961, notwithstanding any other provision of law.
g
Transfer of Funds for Extraordinary Protection.--The Secretary
of State may transfer to, and merge with, funds under the heading
``Protection of Foreign Missions and Officials'' unobligated balances
of expired funds appropriated under the heading ``Diplomatic Programs''
for fiscal year 2026, at no later than the end of the fifth fiscal year
after the last fiscal year for which such funds are available for the
purposes for which appropriated: Provided, That not more than
$50,000,000 may be transferred.
h
Impact on Jobs.--Section 7056 of the Department of State,
Foreign Operations, and Related Programs Appropriations Act, 2021
(division K of Public Law 116-260) shall continue in effect during
fiscal year 2026.
i
Extension of Authorities.--
(1) Incentives for critical posts.--The authority contained
in section 1115(d) of the Supplemental Appropriations Act, 2009
(Public Law 111-32) shall remain in effect through September
30, 2026.
(2) Transfer of balances.--Section 7081(h) of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2017 (division J of Public Law 115-31)
shall continue in effect during fiscal year 2026.
(3) Protective services.--Section 7071 of the Department of
State, Foreign Operations, and Related Programs Appropriations
Act, 2022 (division K of Public Law 117-103) shall continue in
effect during fiscal year 2026 and shall apply to funds
appropriated by this Act.
(4) Extensions.--
(A) Chapter 5 of title I of the Emergency Wartime
Supplemental Appropriations Act, 2003 (Public Law 108-
11; 117 Stat. 576) is amended under the heading ``Loan
Guarantees to Israel''--
i
in the matter preceding the first
proviso, by striking ``September 30, 2030'' and
inserting ``September 30, 2031''; and
(ii) in the second proviso, by striking
``September 30, 2030'' and inserting
``September 30, 2031''.
(B) Section 7030(b) of the Department of State,
Foreign Operations, and Related Programs Appropriations
Act, 2024 (division J of Public Law 118-47) shall
continue in effect during fiscal year 2026 and shall--
i
also apply to funds appropriated by
this Act under the heading ``National Security
Investment Programs'' and to the countries of
Costa Rica and Panama; and
(ii) be applied by substituting
``Department of State'' for ``United States
Agency for International Development''.
(5) Categorical eligibility.--The Foreign Operations,
Export Financing, and Related Programs Appropriations Act, 1990
(Public Law 101-167) is amended--
(A) in section 599D (8 U.S.C. 1157 note)--
i
in subsection (b)(3), by striking ``and
2025'' and inserting ``2025, and 2026''; and
(ii) in subsection (e), by striking
``2025'' each place it appears and inserting
``2026''; and
(B) in section 599E(b)(2) (8 U.S.C. 1255 note), by
striking ``2025'' and inserting ``2026''.
j
HIV/AIDS Working Capital Fund.--Funds available in the HIV/AIDS
Working Capital Fund established pursuant to section 525(b)(1) of the
Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 2005 (Public Law 108-447) may be made available for
pharmaceuticals and other products for child survival, malaria,
tuberculosis, and emerging infectious diseases to the same extent as
HIV/AIDS pharmaceuticals and other products, subject to the terms and
conditions in such section: Provided, That the authority in section
525(b)(5) of the Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 2005 (Public Law 108-447) shall be
exercised by the Secretary of State with respect to funds deposited for
such non-HIV/AIDS pharmaceuticals and other products, and shall be
subject to the regular notification procedures of the Committees on
Appropriations: Provided further, That the Secretary shall include in
the congressional budget justification an accounting of budgetary
resources, disbursements, balances, and reimbursements related to such
fund.
k
Foundation.--Subtitle A of title LI of division E of the
Servicemember Quality of Life Improvement and National Defense
Authorization Act for Fiscal Year 2025 (Public Law 118-159) is
amended--
(1) in section 5101(6) (22 U.S.C. 10601(6)), by striking
``International Conservation'' and inserting ``Natural Security
and Counterterrorism''; and
(2) in section 5102 (22 U.S.C. 10602)--
(A) in the section heading, by striking
``international conservation'' and inserting ``natural
security and counterterrorism''; and
(B) in subsection (a)(1), by striking
``International Conservation'' and inserting ``Natural
Security and Counterterrorism''.
l
Definitions.--
(1) Appropriate congressional committees.--Unless otherwise
defined in this Act, for purposes of this Act the term
``appropriate congressional committees'' means the Committees
on Appropriations and Foreign Relations of the Senate and the
Committees on Appropriations and Foreign Affairs of the House
of Representatives.
(2) Congressional notifications.--The term ``regular
notification procedures of the Committees on Appropriations''
means such Committees shall be notified not less than 15 days
in advance of the obligation of funds: Provided, That such
notifications shall include the information detailed under this
section in the explanatory statement described in section 4 (in
the matter preceding division A of this consolidated Act).
(3) Funds appropriated by this act and prior acts.--Unless
otherwise defined in this Act, for purposes of this Act the
term ``funds appropriated by this Act and prior Acts making
appropriations for the Department of State, foreign operations,
and related programs'' means funds that remain available for
obligation, and have not expired.
(4) International financial institutions.--In this Act
``international financial institutions'' means the
International Bank for Reconstruction and Development, the
International Development Association, the International
Finance Corporation, the Inter-American Development Bank, the
International Monetary Fund, the International Fund for
Agricultural Development, the Asian Development Bank, the Asian
Development Fund, the Inter-American Investment Corporation,
the North American Development Bank, the European Bank for
Reconstruction and Development, the African Development Bank,
the African Development Fund, and the Multilateral Investment
Guarantee Agency.
(5) Pacific islands countries.--In this Act, the term
``Pacific Islands countries'' means the Cook Islands, the
Republic of Fiji, the Republic of Kiribati, the Republic of the
Marshall Islands, the Federated States of Micronesia, the
Republic of Nauru, Niue, the Republic of Palau, the Independent
State of Papua New Guinea, the Independent State of Samoa, the
Solomon Islands, the Kingdom of Tonga, Tuvalu, and the Republic
of Vanuatu.
(6) Prior consultation.--For the purposes of this Act, the
term ``prior consultation'' means a substantive engagement
between a relevant Federal agency and the Committees on
Appropriations at least 7 days prior to any public announcement
or submission of a notification in which such Committees are
provided with details and the opportunity to engage on--
(A) the proposed use of funds, as applicable;
(B) the development, content, or conduct of a
program, project, or activity; and
(C) the proposed decision to be taken.
(7) Spend plan.--In this Act, the term ``spend plan'' means
a plan for the uses of funds appropriated for a particular
entity, country, program, purpose, or account and which shall
include, at a minimum, a description of--
(A) realistic and sustainable goals, criteria for
measuring progress, and a timeline for achieving such
goals;
(B) amounts and sources of funds by account;
(C) how such funds will complement other ongoing or
planned programs; and
(D) implementing partners, to the maximum extent
practicable.
(8) Successor operating unit.--Any reference to a
particular operating unit or office in this Act or prior Acts
making appropriations for the Department of State, foreign
operations, and related programs shall be deemed to include any
successor operating unit performing the same or similar
functions.
(9) This act.--This Act shall be deemed to be an Act making
appropriations for the Department of State, Foreign Operations,
and Related Programs for purposes of any provision of law
citing, or referring to amounts made available by, such an Act.
law enforcement and security
Sec. 7035. (a) Assistance.--
(1) Community-based police assistance.--Funds made
available under titles III and IV of this Act to carry out the
provisions of chapter 1 of part I and chapters 4 and 6 of part
II of the Foreign Assistance Act of 1961, may be used,
notwithstanding section 660 of that Act, to enhance the
effectiveness and accountability of civilian police authority
through training and technical assistance in human rights, the
rule of law, anti-corruption, strategic planning, and through
assistance to foster civilian police roles that support
democratic governance, including assistance for programs to
prevent conflict, respond to disasters, address gender-based
violence, and foster improved police relations with the
communities they serve.
(2) Combat casualty care.--
(A) Consistent with the objectives of the Foreign
Assistance Act of 1961 and the Arms Export Control Act,
funds appropriated by this Act under the headings
``Peacekeeping Operations'' and ``Foreign Military
Financing Program'' shall be made available for combat
casualty training and equipment in an amount above the
prior fiscal year.
(B) The Secretary of State shall offer combat
casualty care training and equipment as a component of
any package of lethal assistance funded by this Act
with funds appropriated under the headings
``Peacekeeping Operations'' and ``Foreign Military
Financing Program'': Provided, That the requirement of
this subparagraph shall apply to a country in conflict,
unless the Secretary determines that such country has
in place, to the maximum extent practicable,
functioning combat casualty care treatment and
equipment that meets or exceeds the standards
recommended by the Committee on Tactical Combat
Casualty Care: Provided further, That any such
training and equipment for combat casualty care shall
be made available through an open and competitive
process.
(3) Training related to international humanitarian law.--
The Secretary of State shall offer training related to the
requirements of international humanitarian law as a component
of any package of lethal assistance funded by this Act with
funds appropriated under the headings ``Peacekeeping
Operations'' and ``Foreign Military Financing Program'':
Provided, That the requirement of this paragraph shall not
apply to a country that is a member of the North Atlantic
Treaty Organization (NATO), is a major non-NATO ally designated
by section 517(b) of the Foreign Assistance Act of 1961, or is
complying with international humanitarian law: Provided
further, That any such training shall be made available through
an open and competitive process.
(4) International prison conditions.--Funds appropriated by
this Act under the headings ``National Security Investment
Programs'' and ``International Narcotics Control and Law
Enforcement'' shall be made available for assistance to
eliminate inhumane conditions in foreign prisons and other
detention facilities, notwithstanding section 660 of the
Foreign Assistance Act of 1961: Provided, That the Secretary
of State shall consult with the Committees on Appropriations on
the proposed uses of such funds prior to obligation and not
later than 60 days after the date of enactment of this Act:
Provided further, That such funds shall be in addition to funds
otherwise made available by this Act for such purpose.
(5) Management and transparency of assistance.--Of the
funds appropriated by this Act under the heading ``Diplomatic
Programs'', not less than $2,500,000 shall be made available
for the Bureau of Political-Military Affairs, Department of
State, in accordance with the purposes specified under this
heading in the explanatory statement described in section 4 (in
the matter preceding division A of this consolidated Act).
b
Authorities.--
(1) Reconstituting civilian police authority.--In providing
assistance with funds appropriated by this Act under section
660(b)(6) of the Foreign Assistance Act of 1961, support for a
nation emerging from instability may be deemed to mean support
for regional, district, municipal, or other sub-national entity
emerging from instability, as well as a nation emerging from
instability.
(2) Disarmament, demobilization, and reintegration.--
Section 7034(d) of the Department of State, Foreign Operations,
and Related Programs Appropriations Act, 2015 (division J of
Public Law 113-235) shall continue in effect during fiscal year
2026, and shall apply to funds made available by this Act under
the heading ``National Security Investment Programs''.
(3) Commercial leasing of defense articles.--
Notwithstanding any other provision of law, and subject to the
regular notification procedures of the Committees on
Appropriations, the authority of section 23(a) of the Arms
Export Control Act (22 U.S.C. 2763) may be used to provide
financing to Israel, Egypt, the North Atlantic Treaty
Organization (NATO), and major non-NATO allies for the
procurement by leasing (including leasing with an option to
purchase) of defense articles from United States commercial
suppliers, not including Major Defense Equipment (other than
helicopters and other types of aircraft having possible
civilian application), if the President determines that there
are compelling foreign policy or national security reasons for
those defense articles being provided by commercial lease
rather than by government-to-government sale under such Act.
(4) Special defense acquisition fund.--Not to exceed
$900,000,000 may be obligated pursuant to section 51(c)(2) of
the Arms Export Control Act (22 U.S.C. 2795(c)(2)) for the
purposes of the Special Defense Acquisition Fund (the Fund), to
remain available for obligation until September 30, 2028:
Provided, That the provision of defense articles and defense
services to foreign countries or international organizations
from the Fund shall be subject to the concurrence of the
Secretary of State.
(5) Extension of war reserve stockpile authority.--Section
514(b)(2)(A) of the Foreign Assistance Act of 1961 (22 U.S.C.
2321h(b)(2)(A)) is amended by striking ``2027'' and inserting
``2028''.
(6) Program clarification.--Notwithstanding section
503(a)(3) of Public Law 87-195 (22 U.S.C. 2311(a)(3)), the
procurement of defense articles and services funded on a non-
repayable basis under section 23 of the Arms Export Control Act
may be priced to include the costs of salaries of members of
the Armed Forces of the United States engaged in security
assistance activities pursuant to 10 U.S.C. 341 (relating to
the State Partnership Program): Provided, That this paragraph
shall only apply to funds that remain available for obligation
in fiscal year 2026.
(7) Foreign military financing direct loans and loan
guarantees.--Through fiscal year 2027, the terms and conditions
provided in section 2606(a) and (b) of the Consolidated
Appropriations Act, 2022 (Public Law 117-103; 136 Stat. 785)
shall apply in the same manner and to the same extent to
amounts made available by this Act under the heading ``Foreign
Military Financing Program'', except that the limitations on
amounts made available for direct loans and loan guarantees
under sections 2606(a) and (b) shall each be increased by an
additional $8,000,000,000, and the phrase ``, except with
respect to the initial obligation of funds for such costs''
shall be inserted before the period in the final proviso of
section 2606(a) and the final proviso of section 2606(b).
(8) Continuation of authority.--Section 7035(b)(7) of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2024 (division F of Public Law 118-47)
shall continue in effect during fiscal year 2026.
c
Limitations.--
(1) Child soldiers.--Funds appropriated by this Act should
not be used to support any military training or operations that
include child soldiers.
(2) Landmines and cluster munitions.--
(A) Landmines.--Notwithstanding any other provision
of law, demining equipment available to the Department
of State and used in support of the clearance of
landmines and unexploded ordnance for humanitarian
purposes may be disposed of on a grant basis in foreign
countries, subject to such terms and conditions as the
Secretary of State may prescribe.
(B) Cluster munitions.--No military assistance
shall be furnished for cluster munitions, no defense
export license for cluster munitions may be issued, and
no cluster munitions or cluster munitions technology
shall be sold or transferred, unless--
i
the submunitions of the cluster
munitions, after arming, do not result in more
than 1 percent unexploded ordnance across the
range of intended operational environments, and
the agreement applicable to the assistance,
transfer, or sale of such cluster munitions or
cluster munitions technology specifies that the
cluster munitions will only be used against
clearly defined military targets and will not
be used where civilians are known to be present
or in areas normally inhabited by civilians; or
(ii) such assistance, license, sale, or
transfer is for the purpose of demilitarizing
or permanently disposing of such cluster
munitions.
(3) Crowd control.--If the Secretary of State has
information that a unit of a foreign security force uses
excessive force to repress peaceful expression or assembly
concerning corruption, harm to the environment or human health,
or the fairness of electoral processes, or in countries that
are undemocratic or undergoing democratic transition, the
Secretary shall promptly determine if such information is
credible: Provided, That if the information is determined to
be credible, funds appropriated by this Act should not be used
for tear gas, small arms, light weapons, ammunition, or other
items for crowd control purposes for such unit, unless the
Secretary of State determines that the foreign government is
taking effective measures to bring the responsible members of
such unit to justice.
(4) Oversight and accountability.--
(A) Prior to the signing of a new Letter of Offer
and Acceptance (LOA) involving funds appropriated under
the heading ``Foreign Military Financing Program'', the
Secretary of State shall consult with each recipient
government to ensure that the LOA between the United
States and such recipient government complies with the
purposes of section 4 of the Arms Export Control Act
(22 U.S.C. 2754) and that the defense articles,
services, and training procured with funds appropriated
under such heading are consistent with United States
national security policy.
(B) The Secretary of State shall promptly inform
the appropriate congressional committees of any
instance in which the Secretary of State has credible
information that such assistance was used in a manner
contrary to such agreement.
d
Other Matters.--
(1) Security assistance report.--Not later than 120 days
after the date of enactment of this Act, the Secretary of State
shall submit to the Committees on Appropriations a report on
funds obligated and expended during fiscal year 2025, by
country and purpose of assistance, including for sustainment of
Department of Defense security cooperation programs, and under
the headings ``Peacekeeping Operations'', ``International
Military Education and Training'', and ``Foreign Military
Financing Program''.
(2) Annual foreign military training report.--For the
purposes of implementing section 656 of the Foreign Assistance
Act of 1961, the term ``military training provided to foreign
military personnel by the Department of Defense and the
Department of State'' shall be deemed to include all military
training provided by foreign governments with funds
appropriated to the Department of Defense or the Department of
State, except for training provided by the government of a
country designated by section 517(b) of such Act (22 U.S.C.
2321k(b)) as a major non-NATO ally: Provided, That such third-
country training shall be clearly identified in the report
submitted pursuant to section 656 of such Act.
(3) Leahy law.--For purposes of implementing section 620M
of the Foreign Assistance Act of 1961, the term ``credible
information'' means information that, considering the source of
such information and the surrounding circumstances, supports a
reasonable belief that a violation has occurred, and shall not
be determined solely on the basis of the number of sources;
whether the source has been critical of a policy of the United
States Government or its security partners; whether the source
has a personal connection to the information being reported; or
whether the United States Government is able to independently
verify the information.
countering the flow of fentanyl and other synthetic drugs
Sec. 7036. (a) Assistance.--Of the funds appropriated by this Act
under the headings ``National Security Investment Programs'' and
``International Narcotics Control and Law Enforcement'', not less than
$150,000,000 shall be made available for programs to counter the flow
of fentanyl, fentanyl precursors, and other synthetic drugs into the
United States: Provided, That such funds shall be in addition to funds
otherwise made available for such purposes.
b
Uses of Funds.--Funds made available pursuant to subsection (a)
shall be made available to support--
(1) efforts to stop the flow of fentanyl, fentanyl
precursors, and other synthetic drugs and their precursor
materials to the United States from and through the People's
Republic of China (PRC), Mexico, and other countries;
(2) law enforcement cooperation and capacity building
efforts aimed at disrupting and dismantling transnational
criminal organizations involved in the production and
trafficking of fentanyl, fentanyl precursors, and other
synthetic drugs;
(3) implementation of the Fighting Emerging Narcotics
Through Additional Nations to Yield Lasting Results Act (part 7
of subtitle C of the James M. Inhofe National Defense
Authorization Act for Fiscal Year 2023, Public Law 117-263);
and
(4) engagement, including through multilateral
organizations and frameworks, to catalyze collective action to
address the public health and security threats posed by
fentanyl, fentanyl precursors, and other synthetic drugs,
including through the Global Coalition to Address Synthetic
Drug Threats.
palestinian statehood
Sec. 7037. (a) Limitation on Assistance.--None of the funds
appropriated under titles III through VI of this Act may be provided to
support a Palestinian state unless the Secretary of State determines
and certifies to the appropriate congressional committees that--
(1) the governing entity of a new Palestinian state--
(A) has demonstrated a firm commitment to peaceful
co-existence with the State of Israel; and
(B) is taking appropriate measures to counter
terrorism and terrorist financing in the West Bank and
Gaza, including the dismantling of terrorist
infrastructures, and is cooperating with appropriate
Israeli and other appropriate security organizations;
and
(2) the Palestinian Authority (or the governing entity of a
new Palestinian state) is working with other countries in the
region to vigorously pursue efforts to establish a just,
lasting, and comprehensive peace in the Middle East that will
enable Israel and an independent Palestinian state to exist
within the context of full and normal relationships, which
should include--
(A) termination of all claims or states of
belligerency;
(B) respect for and acknowledgment of the
sovereignty, territorial integrity, and political
independence of every state in the area through
measures including the establishment of demilitarized
zones;
(C) their right to live in peace within secure and
recognized boundaries free from threats or acts of
force;
(D) freedom of navigation through international
waterways in the area; and
(E) a framework for achieving a just settlement of
the refugee problem.
b
Sense of Congress.--It is the sense of Congress that the
governing entity should enact a constitution assuring the rule of law,
an independent judiciary, and respect for human rights for its
citizens, and should enact other laws and regulations assuring
transparent and accountable governance.
c
Waiver.--The President may waive subsection (a) if the
President determines that it is important to the national security
interest of the United States to do so.
d
Exemption.--The restriction in subsection (a) shall not apply
to assistance intended to help reform the Palestinian Authority and
affiliated institutions, or the governing entity, in order to help meet
the requirements of subsection (a), consistent with the provisions of
section 7040 of this Act (``Limitation on Assistance for the
Palestinian Authority'').
prohibition on assistance to the palestinian broadcasting corporation
Sec. 7038. None of the funds appropriated or otherwise made
available by this Act may be used to provide equipment, technical
support, consulting services, or any other form of assistance to the
Palestinian Broadcasting Corporation.
assistance for the west bank and gaza
Sec. 7039. (a) Oversight.--For fiscal year 2026, 30 days prior to
the initial obligation of funds for the bilateral West Bank and Gaza
Program, the Secretary of State shall certify to the Committees on
Appropriations that procedures have been established to assure the
Comptroller General of the United States will have access to
appropriate United States financial information in order to review the
uses of United States assistance for the Program funded under the
heading ``National Security Investment Programs'' for the West Bank and
Gaza.
b
Vetting.--Prior to the obligation of funds appropriated by this
Act under the heading ``National Security Investment Programs'' for
assistance for the West Bank and Gaza, the Secretary of State shall
take all appropriate steps to ensure that such assistance is not
provided to or through any individual, private or government entity, or
educational institution that the Secretary knows or has reason to
believe advocates, plans, sponsors, engages in, or has engaged in,
terrorist activity nor, with respect to private entities or educational
institutions, those that have as a principal officer of the entity's
governing board or governing board of trustees any individual that has
been determined to be involved in, or advocating terrorist activity or
determined to be a member of a designated foreign terrorist
organization: Provided, That the Secretary of State shall, as
appropriate, establish procedures specifying the steps to be taken in
carrying out this subsection and shall terminate assistance to any
individual, entity, or educational institution which the Secretary has
determined to be involved in or advocating terrorist activity.
c
Prohibition.--
(1) Recognition of acts of terrorism.--None of the funds
appropriated under titles III through VI of this Act for
assistance under the West Bank and Gaza Program may be made
available for--
(A) the purpose of recognizing or otherwise
honoring individuals who commit, or have committed acts
of terrorism; and
(B) any educational institution located in the West
Bank or Gaza that is named after an individual who the
Secretary of State determines has committed an act of
terrorism.
(2) Security assistance and reporting requirement.--
Notwithstanding any other provision of law, none of the funds
made available by this or prior appropriations Acts, including
funds made available by transfer, may be made available for
obligation for security assistance for the West Bank and Gaza
until the Secretary of State reports to the Committees on
Appropriations on--
(A) the benchmarks that have been established for
security assistance for the West Bank and Gaza and on
the extent of Palestinian compliance with such
benchmarks; and
(B) the steps being taken by the Palestinian
Authority to end torture and other cruel, inhuman, and
degrading treatment of detainees, including by bringing
to justice members of Palestinian security forces who
commit such crimes.
d
Oversight by the Department of State.--
(1) The Secretary of State shall ensure that Federal or
non-Federal audits of all contractors and grantees, and
significant subcontractors and sub-grantees, under the West
Bank and Gaza Program, are conducted at least on an annual
basis to ensure, among other things, compliance with this
section.
(2) Of the funds appropriated by this Act, up to $1,400,000
may be used by the Office of Inspector General of the
Department of State for audits, investigations, and other
activities in furtherance of the requirements of this
subsection: Provided, That such funds are in addition to funds
otherwise available for such purposes.
e
Comptroller General of the United States Audit.--Subsequent to
the certification specified in subsection (a), the Comptroller General
of the United States shall conduct an audit and an investigation of the
treatment, handling, and uses of all funds for the bilateral West Bank
and Gaza Program, including all funds provided as cash transfer
assistance, in fiscal year 2026 under the heading ``National Security
Investment Programs'', and such audit shall address--
(1) the extent to which such Program complies with the
requirements of subsections (b) and (c); and
(2) an examination of all programs, projects, and
activities carried out under such Program, including both
obligations and expenditures.
f
Notification Procedures.--Funds made available in this Act for
West Bank and Gaza shall be subject to the regular notification
procedures of the Committees on Appropriations.
limitation on assistance for the palestinian authority
Sec. 7040. (a) Prohibition of Funds.--None of the funds
appropriated by this Act to carry out the provisions of chapter 4 of
part II of the Foreign Assistance Act of 1961 may be obligated or
expended with respect to providing funds to the Palestinian Authority.
b
Waiver.--The prohibition included in subsection (a) shall not
apply if the President certifies in writing to the Speaker of the House
of Representatives, the President pro tempore of the Senate, and the
Committees on Appropriations that waiving such prohibition is important
to the national security interest of the United States.
c
Period of Application of Waiver.--Any waiver pursuant to
subsection (b) shall be effective for no more than a period of 6 months
at a time and shall not apply beyond 12 months after the enactment of
this Act.
d
Report.--Whenever the waiver authority pursuant to subsection
b
is exercised, the President shall submit a report to the Committees
on Appropriations detailing the justification for the waiver, the
purposes for which the funds will be spent, and the accounting
procedures in place to ensure that the funds are properly disbursed:
Provided, That the report shall also detail the steps the Palestinian
Authority has taken to arrest terrorists, confiscate weapons and
dismantle the terrorist infrastructure.
e
Certification.--If the President exercises the waiver authority
under subsection (b), the Secretary of State must certify and report to
the Committees on Appropriations prior to the obligation of funds that
the Palestinian Authority has established a single treasury account for
all Palestinian Authority financing and all financing mechanisms flow
through this account, no parallel financing mechanisms exist outside of
the Palestinian Authority treasury account, and there is a single
comprehensive civil service roster and payroll, and the Palestinian
Authority is acting to counter incitement of violence against Israelis
and is supporting activities aimed at promoting peace, coexistence, and
security cooperation with Israel.
f
Prohibition to Hamas and the Palestine Liberation
Organization.--
(1) None of the funds appropriated in titles III through VI
of this Act may be obligated for salaries of personnel of the
Palestinian Authority located in Gaza or may be obligated or
expended for assistance to Hamas or any entity effectively
controlled by Hamas, any power-sharing government of which
Hamas is a member, or that results from an agreement with Hamas
and over which Hamas exercises undue influence.
(2) Notwithstanding the limitation of paragraph (1),
assistance may be provided to a power-sharing government only
if the President certifies and reports to the Committees on
Appropriations that such government, including all of its
ministers or such equivalent, has publicly accepted and is
complying with the principles contained in section
620K(b)(1)(A) and (B) of the Foreign Assistance Act of 1961, as
amended.
(3) The President may exercise the authority in section
620K(e) of the Foreign Assistance Act of 1961, as added by the
Palestinian Anti-Terrorism Act of 2006 (Public Law 109-446)
with respect to this subsection.
(4) Whenever the certification pursuant to paragraph (2) is
exercised, the Secretary of State shall submit a report to the
Committees on Appropriations within 120 days of the
certification and every quarter thereafter on whether such
government, including all of its ministers or such equivalent
are continuing to comply with the principles contained in
section 620K(b)(1)(A) and (B) of the Foreign Assistance Act of
1961, as amended: Provided, That the report shall also detail
the amount, purposes and delivery mechanisms for any assistance
provided pursuant to the abovementioned certification and a
full accounting of any direct support of such government.
(5) None of the funds appropriated under titles III through
VI of this Act may be obligated for assistance for the
Palestine Liberation Organization.
middle east and north africa
Sec. 7041. (a) Egypt.--
(1) Assistance.--Of the funds appropriated by this Act, not
less than $1,425,000,000 should be made available for
assistance for Egypt, of which--
(A) not less than $125,000,000 shall be made
available from funds under the heading ``National
Security Investment Programs'', of which not less than
$40,000,000 should be made available for higher
education programs, including not less than $15,000,000
for scholarships for Egyptian students with high
financial need to attend not-for-profit institutions of
higher education in Egypt that are currently accredited
by a regional accrediting agency recognized by the
United States Department of Education, or meets
standards equivalent to those required for United
States institutional accreditation by a regional
accrediting agency recognized by such Department:
Provided, That such funds shall be made available for
democracy programs, and for development programs in the
Sinai; and
(B) not less than $1,300,000,000 shall be made
available from funds under the heading ``Foreign
Military Financing Program'', to remain available until
September 30, 2027, subject to the requirements of
paragraphs (3) and (4): Provided, That such funds may
be transferred to an interest bearing account in the
Federal Reserve Bank of New York, following
consultation with the Committees on Appropriations and
the uses of any interest earned on such funds shall be
subject to the regular notification procedures of the
Committees on Appropriations.
(2) Additional security assistance.--In addition to amounts
made available pursuant to paragraph (1), not less than
$75,000,000 of the funds appropriated under the heading
``Foreign Military Financing Program'' shall be made available
for assistance for Egypt.
(3) Certification and report.--Funds appropriated by this
Act that are available for assistance for Egypt may be made
available notwithstanding any other provision of law
restricting assistance for Egypt, except for this subsection
and section 620M of the Foreign Assistance Act of 1961, and may
only be made available for assistance for the Government of
Egypt if the Secretary of State certifies and reports to the
Committees on Appropriations that such government is--
(A) sustaining the strategic relationship with the
United States; and
(B) meeting its obligations under the 1979 Egypt-
Israel Peace Treaty.
(4) Withholding.--Of the funds made available pursuant to
paragraph (1)(B), $320,000,000 shall be withheld from
obligation until the Secretary certifies and reports to the
Committees on Appropriations that the Government of Egypt is
meeting the requirements under this section in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act): Provided, That the
Secretary may waive such requirement if the Secretary
determines and reports to the Committees on Appropriations that
such funds are necessary for counterterrorism, border security,
or nonproliferation programs or that it is otherwise important
to the national security interest of the United States to do
so, including a detailed justification for the use of such
waiver and the reasons why any of the requirements cannot be
met: Provided further, That the report required by the
previous proviso shall be submitted in unclassified form but
may be accompanied by a classified annex.
b
Iran.--
(1) Funding.--Funds appropriated by this Act under the
headings ``Diplomatic Programs'', ``National Security
Investment Programs'', and ``Nonproliferation, Anti-terrorism,
Demining and Related Programs'' shall be made available--
(A) to support the United States policy to prevent
Iran from achieving the capability to produce or
otherwise obtain a nuclear weapon;
(B) to support an expeditious response to any
violation of United Nations Security Council
Resolutions or to efforts that advance Iran's nuclear
program;
(C) to support the implementation and enforcement
of sanctions against Iran for support of nuclear
weapons development, terrorism, human rights abuses,
and ballistic missile and weapons proliferation; and
(D) for democracy programs in support of the
aspirations of the Iranian people.
(2) Reports.--
(A) Semi-annual report.--The Secretary of State
shall submit to the Committees on Appropriations the
semi-annual report required by section 135(d)(4) of the
Atomic Energy Act of 1954 (42 U.S.C. 2160e(d)(4)), as
added by section 2 of the Iran Nuclear Agreement Review
Act of 2015 (Public Law 114-17).
(B) Sanctions report.--Not later than 180 days
after the date of enactment of this Act, the Secretary
of State, in consultation with the Secretary of the
Treasury, shall submit to the appropriate congressional
committees a report on--
i
the status of United States bilateral
sanctions on Iran;
(ii) the reimposition and renewed
enforcement of secondary sanctions; and
(iii) the impact such sanctions have had on
Iran's destabilizing activities throughout the
Middle East.
(3) Limitations.--None of the funds appropriated by this
Act may be--
(A) used to implement an agreement with the
Government of Iran relating to the nuclear program of
Iran, or a renewal of the Joint Comprehensive Plan of
Action adopted on October 18, 2015, in contravention of
the Iran Nuclear Agreement Review Act of 2015 (42
U.S.C. 2160e);
(B) made available to any foreign entity or person
that is subject to United Nations or United States
bilateral sanctions with respect to the Government of
Iran; or
(C) used to revoke the designation of the Islamic
Revolutionary Guard Corps as a Foreign Terrorist
Organization pursuant to section 219 of the Immigration
and Nationality Act (8 U.S.C. 1189).
c
Israel.--Of the funds appropriated by this Act under the
heading ``Foreign Military Financing Program'', not less than
$3,300,000,000 shall be available for grants only for Israel:
Provided, That funds appropriated by this Act under the heading
``Foreign Military Financing Program'' and made available for
assistance for Israel shall be disbursed within 30 days of the date of
enactment of this Act: Provided further, That to the extent that the
Government of Israel requests that funds be used for such purposes,
grants made available for Israel under this heading shall, as agreed by
the United States and Israel, be available for advanced weapons
systems, of which not less than $250,300,000 shall be available for the
procurement in Israel of defense articles and defense services,
including research and development.
d
Jordan.--
(1) Of the funds appropriated by this Act under titles III
and IV, not less than $1,650,000,000 shall be made available
for assistance for Jordan, of which not less than $845,100,000
shall be made available for budget support for the Government
of Jordan and not less than $425,000,000 shall be made
available under the heading ``Foreign Military Financing
Program''.
(2) In addition to amounts made available pursuant to
paragraph (1), not less than $400,000,000 of the funds
appropriated under the heading ``National Security Investment
Programs'' shall be made available for assistance for Jordan,
which shall be made available for budget support, and not less
than $50,000,000 of the funds appropriated under the heading
``Foreign Military Financing Program'' shall be made available
for assistance for Jordan.
e
Lebanon.--
(1) Limitation.--None of the funds appropriated by this Act
may be made available for the Lebanese Internal Security Forces
(ISF) or the Lebanese Armed Forces (LAF) if the ISF or the LAF
is controlled by a foreign terrorist organization, as
designated pursuant to section 219 of the Immigration and
Nationality Act (8 U.S.C. 1189).
(2) Security assistance.--
(A) Funds appropriated by this Act under the
headings ``International Narcotics Control and Law
Enforcement'' and ``Foreign Military Financing
Program'' that are made available for assistance for
Lebanon may be made available for programs and
equipment for the ISF and the LAF to address security
and stability requirements in areas affected by
conflict in Syria, following consultation with the
appropriate congressional committees.
(B) Funds appropriated by this Act under the
heading ``Foreign Military Financing Program'' that are
made available for assistance for Lebanon may only be
made available for programs to--
i
professionalize the LAF to mitigate
internal and external threats from non-state
actors, including Hizballah;
(ii) strengthen the security of borders and
combat terrorism, including training and
equipping the LAF to secure the borders of
Lebanon and address security and stability
requirements in areas affected by conflict in
Syria, interdicting arms shipments, and
preventing the use of Lebanon as a safe haven
for terrorist groups; and
(iii) implement United Nations Security
Council Resolution 1701:
Provided, That prior to obligating funds made
available by this subparagraph for assistance for the
LAF, the Secretary of State shall submit to the
Committees on Appropriations a spend plan, including
actions to be taken to ensure equipment provided to the
LAF is used only for the intended purposes, except such
plan may not be considered as meeting the notification
requirements under section 7015 of this Act or under
section 634A of the Foreign Assistance Act of 1961:
Provided further, That any notification submitted
pursuant to such section shall include any funds
specifically intended for lethal military equipment.
(3) Assistance.--Funds appropriated by this Act under the
heading ``National Security Investment Programs'' that are made
available for assistance for Lebanon may be made available
notwithstanding section 1224 of the Foreign Relations
Authorization Act, Fiscal Year 2003 (Public Law 107-228; 22
U.S.C. 2346 note).
f
Syria.--
(1) Non-lethal assistance.--Funds appropriated by this Act
under titles III and IV may be made available, notwithstanding
any other provision of law, for non-lethal stabilization
assistance for Syria, including for emergency medical and
rescue response and chemical weapons investigations.
(2) Limitations.--Funds appropriated by this Act and made
available for assistance for Syria may not be made available
for--
(A) a project or activity that supports or
otherwise legitimizes the Government of Iran, foreign
terrorist organizations (as designated pursuant to
section 219 of the Immigration and Nationality Act (8
U.S.C. 1189)), or a proxy of Iran in Syria; and
(B) activities that further the strategic
objectives of the Government of the Russian Federation
that the Secretary of State determines may threaten or
undermine United States national security interests.
(3) Consultation.--Funds appropriated by this Act and prior
Acts making appropriations for the Department of State, foreign
operations, and related programs that are made available for
any new program, project, or activity in Syria shall be subject
to prior consultation with the appropriate congressional
committees.
g
Tunisia.--Funds appropriated under titles III and IV of this
Act shall be made available for assistance for Tunisia for the purposes
described under this section in the explanatory statement described in
section 4 (in the matter preceding division A of this consolidated
Act), following consultation with the Committees on Appropriations.
h
West Bank and Gaza.--
(1) Report on assistance.--Prior to the initial obligation
of funds made available by this Act under the heading
``National Security Investment Programs'' for assistance for
the West Bank and Gaza, the Secretary of State shall report to
the Committees on Appropriations that the purpose of such
assistance is to--
(A) advance Middle East peace;
(B) improve security in the region;
(C) continue support for transparent and
accountable government institutions;
(D) promote a private sector economy; or
(E) address urgent humanitarian needs.
(2) Limitations.--
(A)(i) None of the funds appropriated under the
heading ``National Security Investment Programs'' in
this Act may be made available for assistance for the
Palestinian Authority, if after the date of enactment
of this Act--
(I) the Palestinians obtain the same
standing as member states or full membership as
a state in the United Nations or any
specialized agency thereof outside an agreement
negotiated between Israel and the Palestinians;
or
(II) the Palestinians initiate an
International Criminal Court (ICC) judicially
authorized investigation, or actively support
such an investigation, that subjects Israeli
nationals to an investigation for alleged
crimes against Palestinians.
(ii) The Secretary of State may waive the
restriction in clause (i) of this subparagraph
resulting from the application of subclause (I) of such
clause if the Secretary certifies to the Committees on
Appropriations that to do so is in the national
security interest of the United States, and submits a
report to such Committees detailing how the waiver and
the continuation of assistance would assist in
furthering Middle East peace.
(B)(i) The President may waive the provisions of
section 1003 of the Foreign Relations Authorization
Act, Fiscal Years 1988 and 1989 (Public Law 100-204) if
the President determines and certifies in writing to
the Speaker of the House of Representatives, the
President pro tempore of the Senate, and the
appropriate congressional committees that the
Palestinians have not, after the date of enactment of
this Act--
(I) obtained in the United Nations or any
specialized agency thereof the same standing as
member states or full membership as a state
outside an agreement negotiated between Israel
and the Palestinians; and
(II) initiated or actively supported an ICC
investigation against Israeli nationals for
alleged crimes against Palestinians.
(ii) Not less than 90 days after the President is
unable to make the certification pursuant to clause (i)
of this subparagraph, the President may waive section
1003 of Public Law 100-204 if the President determines
and certifies in writing to the Speaker of the House of
Representatives, the President pro tempore of the
Senate, and the Committees on Appropriations that the
Palestinians have entered into direct and meaningful
negotiations with Israel: Provided, That any waiver of
the provisions of section 1003 of Public Law 100-204
under clause (i) of this subparagraph or under previous
provisions of law must expire before the waiver under
this clause may be exercised.
(iii) Any waiver pursuant to this subparagraph
shall be effective for no more than a period of 6
months at a time and shall not apply beyond 12 months
after the enactment of this Act.
(3) Gaza oversight.--
(A) Certification.--The Secretary of State shall
certify and report to the appropriate congressional
committees not later than 15 days after the date of
enactment of this Act, that--
i
oversight policies, processes, and
procedures have been established by the
Department of State and are in use to prevent
the diversion to Hamas and other terrorist and
extremist entities in Gaza and the misuse or
destruction by such entities of assistance,
including through international organizations;
and
(ii) such policies, processes, and
procedures have been developed in coordination
with other bilateral and multilateral donors
and the Government of Israel, as appropriate.
(B) Oversight policy and procedures.--The Secretary
of State shall submit to the appropriate congressional
committees, concurrent with the submission of the
certification required in subparagraph (A), a written
description of the oversight policies, processes, and
procedures for funds appropriated by this Act that are
made available for assistance for Gaza, including
specific actions to be taken should such assistance be
diverted, misused, or destroyed, and the role of the
Government of Israel in the oversight of such
assistance.
(C) Requirement to inform.--The Secretary of State
shall promptly inform the appropriate congressional
committees of each instance in which funds appropriated
by this Act that are made available for assistance for
Gaza have been diverted, misused, or destroyed, to
include the type of assistance, a description of the
incident and parties involved, and an explanation of
the response of the Department of State.
(D) Third party monitoring.--Funds appropriated by
this Act shall be made available for third party
monitoring of assistance for Gaza, including end use
monitoring, following consultation with the appropriate
congressional committees.
(E) Report.--Not later than 90 days after the
initial obligation of funds appropriated by this Act
that are made available for assistance for Gaza, and
every 90 days thereafter until all such funds are
expended, the Secretary of State shall submit to the
appropriate congressional committees a report detailing
the amount and purpose of such assistance provided
during each respective quarter, including a description
of the specific entity implementing such assistance.
(F) Assessment.--Not later than 90 days after the
date of enactment of this Act and every 90 days
thereafter until September 30, 2027, the Secretary of
State, in consultation with the Director of National
Intelligence and other heads of elements of the
intelligence community that the Secretary considers
relevant, shall submit to the appropriate congressional
committees a report assessing whether funds
appropriated by this Act and made available for
assistance for the West Bank and Gaza have been
diverted to or destroyed by Hamas or other terrorist
and extremist entities in the West Bank and Gaza:
Provided, That such report shall include details on the
amount and how such funds were made available and used
by such entities: Provided further, That such report
may be submitted in classified form, if necessary.
(G) Consultation.--Not later than 30 days after the
date of enactment of this Act but prior to the initial
obligation of funds made available by this Act for
humanitarian assistance for Gaza, the Secretary of
State shall consult with the Committees on
Appropriations on the amount and anticipated uses of
such funds.
(4) Application of taylor force act.--Funds appropriated by
this Act under the heading ``National Security Investment
Programs'' that are made available for assistance for the West
Bank and Gaza shall be made available consistent with section
1004(a) of the Taylor Force Act (title X of division S of
Public Law 115-141).
(5) Security report.--The reporting requirements in section
1404 of the Supplemental Appropriations Act, 2008 (Public Law
110-252) shall apply to funds made available by this Act,
including a description of modifications, if any, to the
security strategy of the Palestinian Authority.
(6) Incitement report.--Not later than 90 days after the
date of enactment of this Act, the Secretary of State shall
submit a report to the appropriate congressional committees
detailing steps taken by the Palestinian Authority to counter
incitement of violence against Israelis and to promote peace
and coexistence with Israel.
africa
Sec. 7042. (a) Central African Republic.--Funds appropriated by
this Act under the heading ``National Security Investment Programs''
may be made available for a contribution to the Special Criminal Court
in Central African Republic.
b
Countries of the African Great Lakes Region.--
(1) Peace agreement and regional economic integration.--
Funds appropriated under titles III and IV of this Act shall be
made available to support the June 27, 2025 Peace Agreement
Between the Democratic Republic of the Congo and the Republic
of Rwanda and implementation of the Regional Economic
Integration Framework, including for cross-border security and
education programs, east-west economic linkages, and health
security in Virunga National Park and adjoining national parks
in Rwanda: Provided, That such funds shall prioritize sectors
deemed critical by the Secretary of State to the national
security and economic interests of the United States, including
the mining sector and other natural resources: Provided
further, That such funds shall also be made available to
facilitate regional economic integration and investment,
including with Burundi and Uganda: Provided further, That such
funds may only be made available following consultation with,
and the regular notification procedures of, the Committees on
Appropriations, and in accordance with the requirements
contained under this section in the explanatory statement
described in section 4 (in the matter preceding division A of
this consolidated Act): Provided further, That not less than
$60,000,000 shall be made available for such purposes, which
are in addition to amounts made available for assistance for
the Democratic Republic of the Congo and the Republic of
Rwanda, including for bilateral assistance for such countries.
(2) Democratic republic of the congo.--Funds appropriated
under titles III and IV of this Act shall be made available for
bilateral assistance for the Democratic Republic of the Congo
(DRC) for agriculture, global health, law enforcement programs,
humanitarian assistance, and programs to address violence
against women and girls, including in Eastern DRC.
(3) Republic of rwanda.--Funds appropriated under titles
III and IV of this Act shall be made available for bilateral
assistance for the Republic of Rwanda, including for maternal
and child health programs, programs to combat malaria, and
continued support for the Government of Rwanda's education
reform efforts.
(4) Assistance restriction.--Funds appropriated by this Act
under the heading ``International Military Education and
Training'' for the central government of a country in the
African Great Lakes region may be made available only for
Expanded International Military Education and Training and
professional military education until the Secretary of State
determines and reports to the Committees on Appropriations that
such government is not facilitating or otherwise participating
in destabilizing activities in a neighboring country, including
aiding and abetting armed groups.
c
Counter Illicit Armed Groups.--Funds appropriated by this Act
shall be made available for programs and activities in areas affected
by the Lord's Resistance Army (LRA) or other illicit armed groups in
Eastern Democratic Republic of the Congo and the Central African
Republic, including to improve physical access, telecommunications
infrastructure, and early-warning mechanisms and to support the
disarmament, demobilization, and reintegration of former LRA
combatants, especially child soldiers.
d
Ethiopia.--Funds appropriated by this Act that are made
available for assistance for Ethiopia should be used to support--
(1) political dialogue;
(2) civil society and the protection of human rights;
(3) investigations and prosecutions of gross violations of
human rights;
(4) efforts to provide unimpeded access to, and monitoring
of, humanitarian assistance; and
(5) the restoration of basic services in areas impacted by
conflict.
e
Nigeria.--
(1) Certification.--Of the funds appropriated under titles
III and IV of this Act that are made available for assistance
for the central Government of Nigeria, 50 percent may not be
obligated until the Secretary of State certifies to the
Committees on Appropriations that such Government is--
(A) taking effective steps to prevent and respond
to violence and hold perpetrators accountable;
(B) prioritizing resources to support victims of
such violence, including internally displaced persons;
(C) actively facilitating the safe return,
resettlement, and reconstruction of communities
impacted by the violence; and
(D) allocating sufficient resources to address the
conditions in subparagraphs (A) through (C).
(2) Program prioritization.--Funds appropriated under
titles III and IV of this Act that are made available for
assistance for Nigeria shall be made available on a cost-
matching basis to the maximum extent practicable and used to
support--
(A) atrocities prevention, including through early
warning systems;
(B) advancing religious freedom;
(C) investigations and prosecutions of violence
committed by Fulani militia groups, jihadist terror
groups, and criminal gangs;
(D) the effectiveness and accountability of police
and security forces for the protection of civilians
from militia or terrorist attack;
(E) the delivery of humanitarian assistance;
(F) the restoration of basic services in areas
impacted by conflict including through faith-based and
local organizations; and
(G) the development of demobilization, disarmament,
and reintegration efforts to address the challenge of
illegal weapons trafficking and related security risks,
pursuant to section 7035(b)(2) of this Act.
(3) Accountability.--The Comptroller General of the United
States shall conduct an independent audit of all United States
foreign assistance provided to Nigeria during the 5 fiscal
years preceding enactment of this Act: Provided, That such
audit shall assess the criteria enumerated under this section
in the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act).
f
South Sudan.--None of the funds appropriated by this Act under
title IV may be made available for assistance for the central
Government of South Sudan, except to support implementation of a viable
peace agreement in South Sudan.
g
Sudan.--
(1) Limitation.--None of the funds appropriated by this Act
under title IV may be made available for assistance for the
central Government of Sudan, except to support implementation
of a viable peace agreement in Sudan.
(2) Consultation.--Funds appropriated by this Act and prior
Acts making appropriations for the Department of State, foreign
operations, and related programs that are made available for
any new program, project, or activity in Sudan shall be subject
to prior consultation with the appropriate congressional
committees.
h
Zimbabwe.--
(1) Instruction.--The Secretary of the Treasury shall
instruct the United States executive director of each
international financial institution to vote against any
extension by the respective institution of any loan or grant to
the Government of Zimbabwe, except to meet basic human needs or
to promote democracy, unless the Secretary of State certifies
and reports to the Committees on Appropriations that the rule
of law has been restored, including respect for ownership and
title to property, and freedoms of expression, association, and
assembly.
(2) Limitation.--None of the funds appropriated by this Act
shall be made available for assistance for the central
Government of Zimbabwe, except for health and education, unless
the Secretary of State certifies and reports as required in
paragraph (1).
east asia and the pacific
Sec. 7043. (a) Burma.--
(1) Uses of funds.--Of the funds appropriated by this Act
under the heading ``National Security Investment Programs'',
not less than $121,000,000 shall be made available for
assistance for Burma for the purposes described in section 5575
of the Burma Act of 2022 (subtitle E of title LV of division E
of Public Law 117-263) and section 7043(a) of the Department of
State, Foreign Operations, and Related Programs Appropriations
Act, 2023 (division K of Public Law 117-328): Provided, That
the authorities, limitations, and conditions contained in
section 7043(a) of division K of Public Law 117-328 shall apply
to funds made available for assistance for Burma under this
Act, except for the minimum funding requirements and paragraph
(1)(B): Provided further, That for the purposes of section
5575 of the Burma Act of 2022 and assistance for Burma made
available by this Act and prior Acts making appropriations for
the Department of State, foreign operations, and related
programs, ``non-lethal assistance'' shall include equipment and
associated training as described under this section in the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act).
(2) Assistance.--Of the funds appropriated by subsection
a
, not less than the following amounts shall be made
available for assistance for Burma--
(A) $75,000,000 for assistance programs, including
in Thailand and India, and cross border programs;
(B) $10,000,000 for governance and federalism
programs, including at the local and state levels;
(C) $7,000,000 for atrocities prevention and
accountability programs, including for documentation
and preservation of evidence;
(D) $1,000,000 for accountability and justice
programs for crimes against the Rohingya;
(E) $25,000,000 for non-lethal assistance,
consistent with the requirements of paragraph (1);
(F) $1,500,000 for support for current and former
political prisoners; and
(G) $1,500,000 for deserter programs, consistent
with the requirements of paragraph (3).
(3) Deserter programs.--Pursuant to section 7043(a)(1)(A)
of division K of Public Law 117-328, as continued in effect by
this subsection, funds appropriated by this Act and prior Acts
making appropriations for the Department of State, foreign
operations, and related programs that are made available for
assistance for Burma shall be made available for programs and
activities to support deserters from the military junta and its
allied entities, following consultation with the appropriate
congressional committees.
b
Indo-Pacific Strategy.--
(1) Assistance.--Of the funds appropriated under titles III
and IV of this Act, not less than $1,800,000,000 shall be made
available to support implementation of the Indo-Pacific
Strategy.
(2) Countering prc influence fund.--Of the funds
appropriated or otherwise made available by this Act under the
headings ``National Security Investment Programs'',
``International Narcotics Control and Law Enforcement'',
``Nonproliferation, Anti-terrorism, Demining and Related
Programs'', and ``Foreign Military Financing Program'', not
less than $400,000,000 shall be made available for a Countering
PRC Influence Fund to counter the influence of the Government
of the People's Republic of China and the Chinese Communist
Party and entities acting on their behalf globally, which shall
be subject to prior consultation with the Committees on
Appropriations: Provided, That such funds are in addition to
amounts otherwise made available for such purposes: Provided
further, That up to 10 percent of such funds shall be held in
reserve to respond to unanticipated opportunities to counter
PRC influence: Provided further, That funds made available
pursuant to this paragraph under the heading ``Foreign Military
Financing Program'' may remain available until September 30,
2027: Provided further, That funds appropriated by this Act
for such Fund under the headings ``International Narcotics
Control and Law Enforcement'', ``Nonproliferation, Anti-
terrorism, Demining and Related Programs'', and ``Foreign
Military Financing Program'' may be transferred to, and merged
with, funds appropriated under such headings: Provided
further, That such transfer authority is in addition to any
other transfer authority provided by this Act or any other Act,
and is subject to the regular notification procedures of the
Committees on Appropriations.
(3) Restriction on uses of funds.--None of the funds
appropriated by this Act and prior Acts making appropriations
for the Department of State, foreign operations, and related
programs may be made available for any project or activity that
directly supports or promotes--
(A) the Belt and Road Initiative or any dual-use
infrastructure projects of the People's Republic of
China; or
(B) the use of technology, including biotechnology,
digital, telecommunications, and cyber, developed by
the People's Republic of China unless the Secretary of
State, in consultation with the heads of other Federal
agencies, as appropriate, determines that such use does
not adversely impact the national security of the
United States.
(4) Maps.--None of the funds made available by this Act
should be used to create, procure, or display any map that
inaccurately depicts the territory and social and economic
system of Taiwan and the islands or island groups administered
by Taiwan authorities.
(5) Treasury appropriations fund symbol 97-11 x 8242
reprogramming.--Of the grant balances in the Foreign Military
Sales Trust Fund, identified by Treasury Appropriations Fund
Symbol 97-11 X 8242, which are not currently applied to an
active FMS case and which were appropriated prior to fiscal
year 2016, $50,000,000 shall be deobligated, as appropriate,
and shall be available for assistance for countries in the
Indo-Pacific region and for the purposes of the Countering PRC
Influence Fund, in addition to any funds otherwise made
available for such purposes, under the same authorities and
conditions as amounts made available under this subsection.
c
Laos.--Funds appropriated by this Act under titles III and IV
shall be made available for assistance for Laos, including for
assistance for persons with disabilities caused by unexploded ordnance
accidents, and funds may be made available for programs to assist
persons with severe physical mobility, cognitive, or developmental
disabilities in areas sprayed with Agent Orange: Provided, That funds
made available pursuant to this subsection may be used, in consultation
with the Government of Laos, for assessments of the existence of dioxin
contamination resulting from the use of Agent Orange in Laos and the
feasibility and cost of remediation.
d
Mission Australia.--Funds appropriated by this Act and prior
Acts making appropriations for the Department of State, foreign
operations, and related programs under the heading ``Administration of
Foreign Affairs'' shall be made available to increase the number of
Department of State personnel and improve the requisite facilities
necessary to advance the national security policy objectives of the
United States in Australia, including through AUKUS implementation:
Provided, That such expanded presence shall be reflected in the
operating plan submitted pursuant to section 7062 of this Act,
following consultation with the appropriate congressional committees.
e
North Korea.--
(1) Cybersecurity.--None of the funds appropriated by this
Act or prior Acts making appropriations for the Department of
State, foreign operations, and related programs may be made
available for assistance for the central government of a
country the Secretary of State determines and reports to the
appropriate congressional committees engages in significant
transactions contributing materially to the malicious cyber-
intrusion capabilities of the Government of North Korea:
Provided, That the Secretary of State shall submit the report
required by section 209 of the North Korea Sanctions and Policy
Enhancement Act of 2016 (Public Law 114-122; 22 U.S.C. 9229) to
the Committees on Appropriations: Provided further, That the
Secretary of State may waive the application of the restriction
in this paragraph with respect to assistance for the central
government of a country if the Secretary determines and reports
to the appropriate congressional committees that to do so is
important to the national security interest of the United
States, including a description of such interest served.
(2) Broadcasts.--Funds appropriated by this Act under the
heading ``International Broadcasting Operations'' shall be made
available to maintain broadcasting hours into North Korea at
levels not less than the prior fiscal year.
(3) Human rights.--Funds appropriated by this Act under the
headings ``National Security Investment Programs'' and
``Democracy Fund'' shall be made available for the promotion of
human rights in North Korea: Provided, That the authority of
section 7032(b)(1) of this Act shall apply to such funds.
(4) Limitation on use of funds.--None of the funds made
available by this Act under the heading ``National Security
Investment Programs'' may be made available for assistance for
the Government of North Korea.
f
Pacific Islands Countries.--
(1) Operations.--Funds appropriated by this Act under the
heading ``Administration of Foreign Affairs'' shall be made
available to increase the United States diplomatic and
development presence in Pacific Islands countries (PICs),
including the number and location of facilities and personnel,
and to enhance the communications capacity of such personnel:
Provided, That such expanded presence shall be reflected in the
operating plan submitted pursuant to section 7062 of this Act,
following consultation with the appropriate congressional
committees.
(2) Assistance.--Of the funds appropriated by this Act
under the headings ``National Security Investment Programs'',
``International Narcotics Control and Law Enforcement'',
``Nonproliferation, Anti-terrorism, Demining and Related
Programs'', and ``Foreign Military Financing Program'', not
less than $175,000,000 shall be made available for assistance
for PICs: Provided, That funds appropriated by this Act that
are made available for the Countering PRC Influence Fund shall
be made available for assistance for PICs, in addition to funds
made available under this paragraph: Provided further, That
funds made available by this paragraph for assistance for PICs
shall be made available for programs and activities to
strengthen and expand cooperation between the United States and
higher education institutions in PICs, to be awarded on a
competitive basis: Provided further, That of the funds made
available by this paragraph for assistance for PICs: not less
than $5,000,000 shall be made available for trilateral
programs; not less than $7,500,000 shall be made available for
unexploded ordnance clearance, including in Papua New Guinea,
Solomon Islands, and Kiribati; and not less than $20,000,000
shall be made available for a regional financing facility
established by the Pacific Islands Forum to build preparedness
against natural disasters.
g
People's Republic of China.--
(1) Prohibition.--
None of the funds appropriated by this Act may be
made available for assistance for the Government of the
People's Republic of China or the Chinese Communist
Party.
(2) Hong kong.--Of the funds appropriated by this Act under
the heading ``Democracy Fund'', not less than $5,000,000 shall
be made available for democracy and Internet freedom programs
for Hong Kong, including legal and other support for democracy
activists.
h
Philippines.--
(1) Assistance.--Of the funds appropriated by this Act
under titles III and IV, not less than $180,300,000 shall be
made available for assistance for the Philippines, of which not
less than $80,300,000 shall be made available under the heading
``National Security Investment Programs'' and not less than
$100,000,000 shall be made available under the heading
``Foreign Military Financing Program''.
(2) Limitation.--None of the funds appropriated by this Act
under the heading ``International Narcotics Control and Law
Enforcement'' may be made available for counternarcotics
assistance for the Philippines, except for drug demand
reduction, maritime law enforcement, or transnational
interdiction.
i
Public Law 106-554.--Of the funds appropriated by this Act
under the headings ``Educational and Cultural Exchange Programs'' and
``National Security Investment Programs'', not less than $11,500,000
shall be made available to carry out the purposes of the Vietnam
Education Foundation Act of 2000 (title II of division B of H.R. 5666,
as enacted by section 1(a)(4) of Public Law 106-554 and contained in
appendix D of such Act; 114 Stat. 2763A-257; 22 U.S.C. 2452 note).
j
Taiwan.--
(1) Global cooperation and training framework.--Of the
funds appropriated by this Act under the heading ``National
Security Investment Programs'', not less than $4,000,000 shall
be made available for the Global Cooperation and Training
Framework, which shall be administered by the American
Institute in Taiwan.
(2) Foreign military financing program.--Of the funds
appropriated by this Act under the heading ``Foreign Military
Financing Program'', not less than $300,000,000 shall be made
available for assistance for Taiwan: Provided, That the
Secretary of State, in coordination with the Secretary of
Defense, shall prioritize the delivery of defense articles and
services for Taiwan.
(3) Foreign military financing program loan and loan
guarantee authority.--Funds appropriated by this Act and prior
Acts making appropriations for the Department of State, foreign
operations, and related programs under the heading ``Foreign
Military Financing Program'', except for amounts designated as
an emergency requirement pursuant to a concurrent resolution on
the budget or the Balanced Budget and Emergency Deficit Control
Act of 1985, may be made available for the costs, as defined in
section 502 of the Congressional Budget Act of 1974, of direct
loans and loan guarantees for Taiwan, as authorized by section
5502(g) of the Taiwan Enhanced Resilience Act (subtitle A of
title LV of division E of Public Law 117-263).
(4) Fellowship program.--Funds appropriated by this Act
under the heading ``Payment to the American Institute in
Taiwan'' shall be made available for the Taiwan Fellowship
Program.
(5) Consultation.--Not later than 60 days after the date of
enactment of this Act, the Secretary of State shall consult
with the Committees on Appropriations on the uses of funds made
available pursuant to this subsection: Provided, That such
funds shall be subject to the regular notification procedures
of the Committees on Appropriations.
k
Tibet.--
(1) Notwithstanding any other provision of law, of the
funds appropriated by this Act under the heading ``National
Security Investment Programs'', not less than $10,000,000 shall
be made available to nongovernmental organizations with
experience working with Tibetan communities to support
activities which preserve cultural traditions and promote
sustainable development, education, and environmental
conservation in Tibetan communities in the Tibet Autonomous
Region and in other Tibetan communities in China.
(2) Of the funds appropriated by this Act under the heading
``National Security Investment Programs'', not less than
$8,000,000 shall be made available for programs to promote and
preserve Tibetan culture and language in the refugee and
diaspora Tibetan communities, development, and the resilience
of Tibetan communities and the Central Tibetan Administration
in India and Nepal, and to assist in the education and
development of the next generation of Tibetan leaders from such
communities: Provided, That such funds are in addition to
amounts made available in paragraph (1) for programs inside
Tibet.
(3) Of the funds appropriated by this Act under the heading
``National Security Investment Programs'', not less than
$5,000,000 shall be made available for programs to strengthen
the capacity of the Central Tibetan Administration, of which up
to $1,500,000 may be made available to address economic growth
and capacity building activities, including for displaced
Tibetan refugee families in India and Nepal to help meet basic
needs, following consultation with the Committees on
Appropriations.
(4) Funds made available for assistance for Tibet by this
subsection shall be made available as described under this
section in the explanatory statement described in section 4 (in
the matter preceding division A of this consolidated Act).
(5) Section 7031(c) of this Act shall be applied to
officials of the Government of the People's Republic of China
and other governments in the South Asia region about whom the
Secretary of State has credible information have been involved
in a gross violation of human rights against the people of
Tibet in the Tibet Autonomous Region or other Tibetan
communities in the People's Republic of China and the region.
l
Vietnam.--Funds appropriated under titles III and IV of this
Act shall be made available for assistance for Vietnam, of which not
less than--
(1) $30,000,000 shall be made available for health and
disability programs to assist persons with severe physical
mobility, cognitive, or developmental disabilities: Provided,
That such funds shall be prioritized to assist persons whose
disabilities may be related to the use of Agent Orange and
exposure to dioxin, or are the result of unexploded ordnance
accidents;
(2) $20,000,000 shall be made available, notwithstanding
any other provision of law, for activities related to the
remediation of dioxin contaminated sites in Vietnam and may be
made available for assistance for the Government of Vietnam,
including the military, for such purposes;
(3) $3,000,000 shall be made available for the
Reconciliation/Vietnamese Wartime Accounting Initiative; and
(4) $3,500,000 shall be made available for higher education
programs.
south and central asia
Sec. 7044. (a) Afghanistan.--None of the funds appropriated or
otherwise made available by this Act and prior Acts making
appropriations for the Department of State, foreign operations, and
related programs may be made available for assistance to the Taliban.
b
Pakistan.--Of the funds appropriated under titles III and IV of
this Act that are made available for assistance for Pakistan,
$33,000,000 shall be withheld from obligation until the Secretary of
State reports to the Committees on Appropriations that Dr. Shakil
Afridi has been released from prison and cleared of all charges
relating to the assistance provided to the United States in locating
Osama bin Laden.
latin america and the caribbean
Sec. 7045. (a) Assistance for Latin America and the Caribbean.--
Funds appropriated by this Act under titles III and IV and made
available for countries in Latin America and the Caribbean shall be
prioritized for programs as described under this section in the
explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act).
b
Central America.--
(1) Assistance.--Funds appropriated under titles III and IV
of this Act shall be made available for assistance for
countries in Central America, including Panama and Costa Rica,
consistent with subsection (a), which shall include programs
to--
(A) combat corruption and impunity in such
countries, including, as appropriate, with offices of
Attorneys General;
(B) reduce violence against women and girls; and
(C) support locally-led development in El Salvador,
Guatemala, and Honduras.
(2) Limitation on assistance to certain central
governments.--
(A) Of the funds made available pursuant to
paragraph (1) under the heading ``National Security
Investment Programs'' and under title IV of this Act,
50 percent of such funds that are made available for
assistance for each of the central governments of El
Salvador, Guatemala, and Honduras may only be obligated
after the Secretary of State certifies and reports to
the Committees on Appropriations that such government
is--
i
combating corruption and impunity,
including investigating and prosecuting
government officials, military personnel, and
police officers credibly alleged to be corrupt,
and improving strategies to combat money
laundering and other global financial crimes;
(ii) implementing reforms, policies, and
programs to strengthen the rule of law,
including increasing the transparency of public
institutions, strengthening the independence of
judicial and electoral institutions, and
improving the transparency of political
campaign and political party financing;
(iii) protecting the rights of human rights
defenders, trade unionists, journalists, civil
society groups, opposition political parties,
and the independence of the media;
(iv) taking demonstrable actions to secure
national borders and stem mass migration toward
Mexico and the United States, including
positive governance related to combating crime
and violence, building economic opportunity,
improving government services, and protecting
human rights;
v
providing effective and accountable law
enforcement and security for its citizens,
curtailing the role of the military in public
security, and upholding due process of law;
(vi) implementing programs to reduce
violence against women and girls;
(vii) implementing policies to reduce
poverty and promote economic growth and
opportunity, including the implementation of
reforms to strengthen educational systems,
vocational training programs, and programs for
at-risk youth;
(viii) cooperating with the United States
to counter drug trafficking, human trafficking
and smuggling, and other transnational crime;
(ix) cooperating with the United States and
other governments in the region to facilitate
the return, repatriation, and reintegration of
migrants; and
x
implementing policies that improve the
environment for businesses, including foreign
businesses, to operate and invest, including
executing tax reform in a transparent manner,
ensuring effective legal mechanisms for
reimbursements of tax refunds owed to United
States businesses, and resolving disputes
involving the confiscation of real property of
United States entities.
(B) Exceptions.--The limitation of subparagraph (A)
shall not apply to funds appropriated by this Act that
are made available for--
i
judicial entities to combat corruption
and impunity;
(ii) programs to promote and protect human
rights and to investigate human rights abuses;
(iii) support for women's economic
empowerment;
(iv) prevention of violence against women
and girls;
v
humanitarian assistance; and
(vi) food security programs.
(C) Foreign military financing program.--None of
the funds appropriated by this Act under the heading
``Foreign Military Financing Program'' may be made
available for assistance for El Salvador, Guatemala, or
Honduras, except for programs that support humanitarian
assistance and disaster response.
c
Colombia.--
(1) Pre-obligation reports.--Prior to the initial
obligation of funds appropriated by this Act and made available
for assistance for Colombia, the Secretary of State shall
submit the reports required under this section in the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act).
(2) Withholding of funds.--
(A) Counternarcotics.--Of the funds appropriated by
this Act under the heading ``International Narcotics
Control and Law Enforcement'' that are made available
for assistance for Colombia, 25 percent may be
obligated only if the Secretary of State certifies and
reports to the Committees on Appropriations that in the
previous 12 months the Government of Colombia has--
i
reduced overall coca cultivation,
production, and drug trafficking;
(ii) continued cooperating with the United
States on joint counternarcotics operations;
and
(iii) maintained extradition cooperation
with the United States.
(B) Human rights.--Of the funds appropriated by
this Act under the heading ``Foreign Military Financing
Program'' and made available for assistance for
Colombia, 20 percent may be obligated only if the
Secretary of State certifies and reports to the
Committees on Appropriations that the requirements
under this section in the explanatory statement
described in section 4 (in the matter preceding
division A of this consolidated Act) have been met.
(3) Exceptions.--The limitations of paragraph (2) shall not
apply to funds made available for aviation instruction and
maintenance, and maritime and riverine security programs.
(4) Authority.--Aircraft supported by funds appropriated by
this Act and prior Acts making appropriations for the
Department of State, foreign operations, and related programs
and made available for assistance for Colombia may be used to
transport personnel and supplies involved in drug eradication
and interdiction, including security for such activities, and
to provide transport in support of alternative development
programs and investigations by civilian judicial authorities.
(5) Limitation.--None of the funds appropriated by this Act
or prior Acts making appropriations for the Department of
State, foreign operations, and related programs that are made
available for assistance for Colombia may be made available for
payment of reparations to conflict victims, compensation to
demobilized combatants, or cash subsidies for agrarian reforms
associated with the implementation of the 2016 agreement
between the Government of Colombia and illegal armed groups.
d
Cuba.--
(1) Democracy programs.--Of the funds appropriated by this
Act under the heading ``National Security Investment
Programs'', not less than $25,000,000 shall be made available
to promote democracy and strengthen civil society in Cuba,
including to support political prisoners: Provided, That no
funds shall be obligated for business promotion, economic
reform, entrepreneurship, or any other assistance that is not
democracy building as expressly authorized in the Cuban Liberty
and Democratic Solidarity (LIBERTAD) Act of 1996 and the Cuban
Democracy Act of 1992.
(2) Prohibitions.--None of the funds appropriated or
otherwise made available by this Act or prior Acts making
appropriations for the Department of State, foreign operations,
and related programs may be used to eliminate or diminish the
Cuba Restricted List as maintained by the Department of State,
or to otherwise allow, facilitate or encourage financial
transactions with entities on the Cuba Restricted List, as well
as other entities or individuals within the Cuban military or
Cuban intelligence services, high level members of the
Communist Party, those licensed by the Cuban government, or the
immediate family members of these entities or individuals.
(3) Prohibition on support for cuban military and security
institutions.--None of the funds appropriated or otherwise made
available by this Act or prior Acts making appropriations for
the Department of State, foreign operations, and related
programs may be made available to any individual or entity
that--
(A) engages in financial transactions with,
transfers funds to, or otherwise provides material
support to the Ministry of the Revolutionary Armed
Forces of Cuba, the Ministry of the Interior of Cuba,
or any subdivision, agency, or instrumentality thereof;
(B) engages in activities that directly or
indirectly support, facilitate, or benefit the
operations, revenue generation, or international
commercial activities of such Ministries;
(C) is owned or controlled by, or acts on behalf
of, any entity described in subparagraphs (A) or (B);
or
(D) knowingly provides support or services for the
purpose of circumventing sanctions or restrictions on
the Cuban military or security forces, or to benefit
senior members thereof.
(4) Exceptions.--The restrictions of paragraph (3) shall
not apply to--
(A) the sale of agricultural commodities, medicine,
or medical devices to Cuba consistent with the Trade
Sanctions Reform and Export Enhancement Act of 2000 (22
U.S.C. 7201 et seq.);
(B) payments in furtherance of the lease,
maintenance, or improvements of the United States
military base at Guantanamo Bay, Cuba;
(C) assistance in support of democracy-building and
civil society programs for Cuba consistent with section
109 of the LIBERTAD Act;
(D) payments necessary for the operations,
maintenance, or outreach of the United States
diplomatic mission or embassy in Havana, Cuba; and
(E) sending, processing, or receiving authorized
remittances.
e
Cuban Doctors.--
(1) Report.--Not later than 90 days after the date of
enactment of this Act, the Secretary of State shall submit a
report to the appropriate congressional committees listing the
countries and international organizations for which the
Secretary has credible information are directly paying the
Government of Cuba for coerced and trafficked labor of Cuban
medical professionals: Provided, That such report shall be
submitted in unclassified form but may include a classified
annex: Provided further, That the Secretary of State shall
inform each government or international organization of its
inclusion in such report not later than 30 days after the date
of the submission of such report to such committees.
(2) Designation.--The Secretary of State shall apply the
requirements of section 7031(c) of this Act to officials from
countries and organizations identified in the report required
pursuant to the previous paragraph.
(3) Limitation.--
(A) None of the funds appropriated by this Act
under titles III and IV may be made available for
assistance for the central government of a country or
international organization that is listed for 2
consecutive years in the report required by paragraph
(1).
(B) The Secretary may resume assistance to the
government of a country or international organization
listed in the report for 2 consecutive years required
by paragraph (1) if the Secretary determines and
reports to the appropriate congressional committees
that such government or international organization no
longer pays the Government of Cuba for coerced and
trafficked labor of Cuban medical professionals.
f
Facilitating Irresponsible Migration.--None of the funds
appropriated or otherwise made available by this Act may be used to
encourage, mobilize, publicize, or manage mass-migration caravans
toward the United States southwest border: Provided, That not later
than 180 days after the date of enactment of this Act, the Secretary of
State shall report to the appropriate congressional committees with
analysis on the organization and funding of mass-migration caravans in
the Western Hemisphere: Provided further, That the prohibition
contained in this subsection shall not be construed to preclude the
provision of humanitarian assistance.
g
Haiti.--
(1) Assistance.--Funds appropriated under titles III and IV
of this Act shall be made available for assistance for Haiti
for programs to--
(A) improve security and counter gang violence,
including through the Gang Suppression Force in Haiti,
and support for the Haitian National Police and
administration of justice;
(B) coordinate programs and facilitate information
sharing between and among Federal agencies and other
international entities, particularly in the security
and electoral sectors;
(C) address humanitarian needs, including nutrition
and programs addressing violence against women and
children;
(D) continue basic education, public health, and
economic development programs; and
(E) establish humanitarian corridors for the
provision of assistance to the people of Haiti, as the
initial step in implementing an integrated security and
humanitarian response that respects Haitian self-
determination and sovereignty.
(2) Haitian armed forces.--Of the funds appropriated by
this Act under the headings ``Peacekeeping Operations'' and
``Foreign Military Financing Program'', up to $5,000,000 may be
made available for non-lethal assistance and operational
support for the Haitian Armed Forces, following consultation
with the appropriate congressional committees.
(3) Haitian coast guard.--The Government of Haiti shall be
eligible to purchase defense articles and services under the
Arms Export Control Act (22 U.S.C. 2751 et seq.) for the Coast
Guard.
h
Mexico.--
(1) Water deliveries.--None of the funds appropriated or
otherwise made available by this Act may be made available for
assistance for the Government of Mexico until the Secretary of
State certifies and reports to the Committees on Appropriations
that such Government is delivering water owed to the United
States by Mexico, as prescribed by Article 4, Section B of the
Treaty Between the United States of America and Mexico Relating
to the Utilization of Waters of the Colorado and Tijuana Rivers
and of the Rio Grande, February 3, 1944 (59 Stat. 1219):
Provided, That such certification shall include an assessment
of whether Mexico is delivering water in accordance with all
terms established across bilateral agreements addressing
delivery shortfalls: Provided further, That the limitation of
this paragraph shall not apply to funds made available to
counter the flow of fentanyl, fentanyl precursors, and other
synthetic drugs into the United States.
(2) Counternarcotics.--Of the funds appropriated by this
Act under title IV that are made available for assistance for
Mexico, 30 percent may only be obligated after the Secretary of
State certifies and reports to the Committees on Appropriations
that in the previous 12 months the Government of Mexico has
taken steps to--
(A) reduce the amount of fentanyl arriving at the
United States-Mexico border;
(B) dismantle and hold accountable transnational
criminal organizations;
(C) support joint counternarcotics operations and
intelligence sharing with United States counterparts;
(D) respect extradition requests for criminals
sought by the United States; and
(E) increase counternarcotics engagement at both
Federal and state levels.
i
Nicaragua.--Of the funds appropriated by this Act under the
heading ``National Security Investment Programs'', not less than
$15,000,000 shall be made available for democracy and religious freedom
programs for Nicaragua.
j
Organization of American States.--
(1) The Secretary of State shall instruct the United States
Permanent Representative to the Organization of American States
(OAS) to use the voice and vote of the United States to:
(A) implement budgetary reforms and efficiencies
within the Organization;
(B) eliminate arrears, increase other donor
contributions, and impose penalties for successive late
payment of assessments;
(C) prevent programmatic and organizational
redundancies and consolidate duplicative activities and
functions;
(D) prioritize areas in which the OAS has
expertise, such as strengthening democracy, monitoring
electoral processes, and protecting human rights; and
(E) implement reforms within the Office of the
Inspector General (OIG) to ensure the OIG has the
necessary leadership, integrity, professionalism,
independence, policies, and procedures to properly
carry out its responsibilities in a manner that meets
or exceeds best practices in the United States.
(2) Prior to the obligation of funds appropriated by this
Act and made available for an assessed contribution to the
Organization of American States, but not later than 90 days
after the date of enactment of this Act, the Secretary of State
shall submit a report to the appropriate congressional
committees on actions taken or planned to be taken pursuant to
paragraph (1) that are in addition to actions taken during the
preceding fiscal year, and the results of such actions.
k
The Caribbean.--Of the funds appropriated by this Act under
titles III and IV, not less than $90,000,000 shall be made available
for the Caribbean Basin Security Initiative: Provided, That funds made
available above the fiscal year 2025 level shall be prioritized for
countries within the transit zones of illicit drug shipments toward the
United States that have increased interdiction of illicit drugs and are
most directly impacted by the crisis in Haiti.
l
Venezuela.--Of the funds appropriated by this Act under the
heading ``National Security Investment Programs'', $50,000,000 should
be made available for democracy programs for Venezuela.
europe and eurasia
Sec. 7046. (a) Section 907 of the Freedom Support Act.--Section 907
of the FREEDOM Support Act (22 U.S.C. 5812 note) shall not apply to--
(1) activities to support democracy or assistance under
title V of the FREEDOM Support Act (22 U.S.C. 5851 et seq.) and
section 1424 of the Defense Against Weapons of Mass Destruction
Act of 1996 (50 U.S.C. 2333) or non-proliferation assistance;
(2) any assistance provided by the Trade and Development
Agency under section 661 of the Foreign Assistance Act of 1961;
(3) any activity carried out by a member of the United
States and Foreign Commercial Service while acting within his
or her official capacity;
(4) any insurance, reinsurance, guarantee, or other
assistance provided by the United States International
Development Finance Corporation as authorized by the BUILD Act
of 2018 (division F of Public Law 115-254);
(5) any financing provided under the Export-Import Bank Act
of 1945 (Public Law 79-173); or
(6) humanitarian assistance.
b
Territorial Integrity.--None of the funds appropriated by this
Act may be made available for assistance for a government of an
Independent State of the former Soviet Union if such government directs
any action in violation of the territorial integrity or national
sovereignty of any other Independent State of the former Soviet Union,
such as those violations included in the Helsinki Final Act: Provided,
That except as otherwise provided in section 7047(a) of this Act, funds
may be made available without regard to the restriction in this
subsection if the President determines that to do so is in the national
security interest of the United States: Provided further, That prior
to executing the authority contained in the previous proviso, the
Secretary of State shall consult with the Committees on Appropriations
on how such assistance supports the national security interest of the
United States.
c
Turkey.--The limitations and other provisions of section
7046(c) of the Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2024 (division F of Public Law 118-47)
shall continue in effect during fiscal year 2026 and apply to funds
appropriated by this Act.
d
Requirements.--The limitations and other provisions of section
7046(d) of the Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2024 (division F of Public Law 118-47)
shall continue in effect during fiscal year 2026 and apply to funds
appropriated by this Act.
e
Other Matters.--Of the funds appropriated by this Act under the
heading ``National Security Investment Programs'', not less than
$500,000,000 shall be made available, notwithstanding any other
provision of law, except section 7047 of this Act, for assistance and
related programs for countries identified in section 3 of the FREEDOM
Support Act (22 U.S.C. 5801) and section 3(c) of the SEED Act of 1989
(22 U.S.C. 5402), in addition to funds otherwise available for such
purposes: Provided, That funds appropriated by this Act under the
headings ``National Security Investment Programs'' and ``International
Narcotics Control and Law Enforcement'' may be made available for
contributions to multilateral initiatives to counter hybrid threats.
countering russian influence and aggression
Sec. 7047. (a) Prohibition.--None of the funds appropriated by this
Act may be made available for assistance for the central Government of
the Russian Federation.
b
Annexation of Territory.--
(1) Prohibition.--None of the funds appropriated by this
Act may be made available for assistance for the central
government of a country that the Secretary of State determines
and reports to the Committees on Appropriations has taken
affirmative steps intended to support or be supportive of the
Russian Federation annexation of Crimea or other territory in
Ukraine: Provided, That except as otherwise provided in
subsection (a), the Secretary may waive the restriction on
assistance required by this paragraph if the Secretary
determines and reports to such Committees that to do so is in
the national interest of the United States, and includes a
justification for such interest.
(2) Limitation.--None of the funds appropriated by this Act
may be made available for--
(A) the implementation of any action or policy that
recognizes the sovereignty of the Russian Federation
over Crimea or other territory in Ukraine;
(B) the facilitation, financing, or guarantee of
United States Government investments in Crimea or other
territory in Ukraine under the control of the Russian
Federation or Russian-backed forces, if such activity
includes the participation of Russian Government
officials, or other Russian owned or controlled
financial entities; or
(C) assistance for Crimea or other territory in
Ukraine under the control of the Russian Federation or
Russian-backed forces, if such assistance includes the
participation of Russian Government officials, or other
Russian owned or controlled financial entities.
(3) International financial institutions.--The Secretary of
the Treasury shall instruct the United States executive
director of each international financial institution to use the
voice and vote of the United States to oppose any assistance by
such institution (including any loan, credit, grant, or
guarantee) for any program that violates the sovereignty or
territorial integrity of Ukraine.
(4) Duration.--The requirements and limitations of this
subsection shall cease to be in effect if the Secretary of
State determines and reports to the Committees on
Appropriations that the Government of Ukraine has reestablished
sovereignty over Crimea and other territory in Ukraine under
the control of the Russian Federation or Russian-backed forces.
c
Occupation of the Georgian Territories of Abkhazia and
Tskhinvali Region/South Ossetia.--
(1) Prohibition.--None of the funds appropriated by this
Act may be made available for assistance for the central
government of a country that the Secretary of State determines
and reports to the Committees on Appropriations has recognized
the independence of, or has established diplomatic relations
with, the Russian Federation occupied Georgian territories of
Abkhazia and Tskhinvali Region/South Ossetia: Provided, That
the Secretary shall publish on the Department of State website
a list of any such central governments in a timely manner:
Provided further, That the Secretary may waive the restriction
on assistance required by this paragraph if the Secretary
determines and reports to the Committees on Appropriations that
to do so is in the national interest of the United States, and
includes a justification for such interest.
(2) Limitation.--None of the funds appropriated by this Act
may be made available to support the Russian Federation
occupation of the Georgian territories of Abkhazia and
Tskhinvali Region/South Ossetia.
(3) International financial institutions.--The Secretary of
the Treasury shall instruct the United States executive
director of each international financial institution to use the
voice and vote of the United States to oppose any assistance by
such institution (including any loan, credit, grant, or
guarantee) for any program that violates the sovereignty and
territorial integrity of Georgia.
d
Countering Russian Influence Fund.--Of the funds appropriated
by this Act and prior Acts making appropriations for the Department of
State, foreign operations, and related programs under the headings
``National Security Investment Programs'', ``International Narcotics
Control and Law Enforcement'', ``International Military Education and
Training'', and ``Foreign Military Financing Program'', not less than
$300,000,000 shall be made available to carry out the purposes of the
Countering Russian Influence Fund, as authorized by section 254 of the
Countering Russian Influence in Europe and Eurasia Act of 2017 (Public
Law 115-44; 22 U.S.C. 9543) and notwithstanding the country limitation
in subsection (b) of such section, and programs to enhance the capacity
of law enforcement and security forces in countries in Europe, Eurasia,
and Central Asia and strengthen security cooperation between such
countries and the United States and the North Atlantic Treaty
Organization, as appropriate: Provided, That funds made available
pursuant to this paragraph under the heading ``Foreign Military
Financing Program'' may remain available until September 30, 2027.
united nations and other international organizations
Sec. 7048. (a) United Nations Voting Practices.--
(1) In considering bilateral assistance for a foreign
government, the Secretary of State should review, among other
factors, the voting practices of such government in the United
Nations in relation to United States strategic interests and
whether such government supports the participation of Taiwan as
an observer in meetings and activities of multilateral
agencies, bodies, or commissions.
(2) The Secretary of State shall consult with the United
States Permanent Representative to the United Nations on the
voting practices of foreign governments prior to the submission
of the report required under section 653(a) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2413(a)).
b
Transparency and Accountability.--Of the funds appropriated
under title I and under the heading ``International Organizations and
Programs'' in title V of this Act that are available for contributions
to the United Nations (including the Department of Peacekeeping
Operations) or any United Nations agency, 10 percent may not be
obligated for such organization, department, or agency until the
Secretary of State determines and reports to the appropriate
congressional committees that the organization, department, or agency
is--
(1) posting on a publicly available website, consistent
with privacy regulations and due process, regular financial and
programmatic audits of such organization, department, or
agency, and providing the United States Government with
necessary access to such financial and performance audits;
(2) effectively implementing and enforcing policies and
procedures which meet or exceed best practices in the United
States for the protection of whistleblowers from retaliation,
including--
(A) protection against retaliation for internal and
lawful public disclosures;
(B) legal burdens of proof;
(C) statutes of limitation for reporting
retaliation;
(D) access to binding independent adjudicative
bodies, including shared cost and selection of external
arbitration; and
(E) results that eliminate the effects of proven
retaliation, including provision for the restoration of
prior employment;
(3) effectively implementing and enforcing policies and
procedures on the appropriate use of travel funds, including
restrictions on first-class and business-class travel;
(4) taking credible steps to combat anti-Israel bias;
(5) developing and implementing mechanisms to inform donors
of instances in which funds have been diverted or destroyed and
an explanation of the response by the respective international
organization; and
(6) implementing policies and procedures to effectively vet
staff for any affiliation with a terrorist organization.
c
Restrictions on United Nations Delegations and Organizations.--
(1) None of the funds made available by this Act may be
used to pay expenses for any United States delegation to any
specialized agency, body, or commission of the United Nations
if such agency, body, or commission is chaired or presided over
by a country, the government of which the Secretary of State
has determined, for purposes of section 1754(c) of the Export
Control Reform Act of 2018 (50 U.S.C. 4813(c)), supports
international terrorism.
(2) None of the funds made available by this Act may be
used by the Secretary of State as a contribution to any
organization, agency, commission, or program within the United
Nations system if such organization, agency, commission, or
program is chaired or presided over by a country the government
of which the Secretary of State has determined, for purposes of
section 620A of the Foreign Assistance Act of 1961, section 40
of the Arms Export Control Act, section 1754(c) of the Export
Control Reform Act of 2018 (50 U.S.C. 4813(c)), or any other
provision of law, is a government that has repeatedly provided
support for acts of international terrorism.
(3) The Secretary of State may waive the restriction in
this subsection if the Secretary determines and reports to the
Committees on Appropriations that to do so is important to the
national interest of the United States, including a description
of the national interest served.
d
United Nations Human Rights Council.--
(1) None of the funds appropriated by this Act may be made
available in support of the United Nations Human Rights Council
unless the Secretary of State determines and reports to the
appropriate congressional committees that participation in the
Council is important to the national interest of the United
States and that such Council is taking significant steps to
remove Israel as a permanent agenda item and ensure integrity
in the election of members to such Council: Provided, That
such report shall include a description of the national
interest served and provide a detailed reform agenda, including
a timeline to remove Israel as a permanent agenda item and
ensure integrity in the election of members to such Council:
Provided further, That the Secretary of State shall withhold,
from funds appropriated by this Act under the heading
``Contributions to International Organizations'' for a
contribution to the United Nations Regular Budget, the United
States proportionate share of the total annual amount of the
United Nations Regular Budget funding for the United Nations
Human Rights Council until such determination and report is
made: Provided further, That if the Secretary is unable to
make such determination and report, such amounts may be
reprogrammed for purposes other than the United Nations Regular
Budget, subject to the regular notification procedures of the
Committees on Appropriations: Provided further, That the
Secretary shall report to the Committees on Appropriations not
later than September 30, 2026, on the resolutions considered in
the United Nations Human Rights Council during the previous 12
months, and on steps taken to remove Israel as a permanent
agenda item and to improve the quality of membership through
competitive elections.
(2) None of the funds appropriated by this Act may be made
available for the United Nations International Commission of
Inquiry on the Occupied Palestinian Territory, including East
Jerusalem, and Israel.
e
Prohibition of Payments to United Nations Members.--None of the
funds appropriated or made available pursuant to titles III through VI
of this Act for carrying out the Foreign Assistance Act of 1961, may be
used to pay in whole or in part any assessments, arrearages, or dues of
any member of the United Nations or, from funds appropriated by this
Act to carry out chapter 1 of part I of the Foreign Assistance Act of
1961, the costs for participation of another country's delegation at
international conferences held under the auspices of multilateral or
international organizations.
f
Report and Briefing.--
(1) Not later than 45 days after the date of enactment of
this Act, the Secretary of State shall submit a report to the
Committees on Appropriations detailing the amount of funds
available for obligation or expenditure in fiscal year 2026 for
contributions to any organization, department, agency, or
program within the United Nations system or any international
program that are withheld from obligation or expenditure due to
any provision of law: Provided, That the Secretary shall
update such report each time additional funds are withheld by
operation of any provision of law: Provided further, That the
reprogramming of any withheld funds identified in such report,
including updates thereof, shall be subject to prior
consultation with, and the regular notification procedures of,
the Committees on Appropriations.
(2) Not later than 30 days after the date of enactment of
this Act, the Secretary of State shall brief the appropriate
congressional committees on the processes and recommendations
for United States participation in each international
organization included in the 2025 review of such matters.
g
Sexual Exploitation and Abuse in Peacekeeping Operations.--The
Secretary of State shall, to the maximum extent practicable, withhold
assistance to any unit of the security forces of a foreign country if
the Secretary has credible information that such unit has engaged in
sexual exploitation or abuse while serving in a United Nations
peacekeeping operation until the Secretary determines that the
government of such country is taking effective steps to hold the
responsible members of such unit accountable and to prevent future
incidents: Provided, That the Secretary shall promptly notify the
government of each country subject to any withholding of assistance
pursuant to this paragraph, and shall notify the appropriate
congressional committees of such withholding not later than 10 days
after a determination to withhold such assistance is made: Provided
further, That the Secretary shall, to the maximum extent practicable,
assist such government in bringing the responsible members of such unit
to justice.
h
Additional Availability.--Subject to the regular notification
procedures of the Committees on Appropriations, funds appropriated by
this Act which are returned or not made available due to the second
proviso under the heading ``Contributions for International
Peacekeeping Activities'' in title I of this Act or section 307(a) of
the Foreign Assistance Act of 1961 (22 U.S.C. 2227(a)), shall remain
available for obligation until September 30, 2027: Provided, That the
requirement to withhold funds for programs in Burma under section
307(a) of the Foreign Assistance Act of 1961 shall not apply to funds
appropriated by this Act.
i
Accountability Requirement.--
(1) The Secretary of State shall seek to enter into written
agreements with each international organization that receives
funds appropriated by this Act and prior Acts making
appropriations for the Department of State, foreign operations,
and related programs to provide timely access to the Inspector
General of the Department of State and the Comptroller General
of the United States to such organization's financial data and
other information relevant to United States contributions to
such organization, as determined by the Inspector General and
the Comptroller General.
(2) Not later than 180 days after the date of enactment of
this Act, the Secretary of State shall submit a report to the
appropriate congressional committees detailing whether each
international organization funded by this Act has entered into
such agreements: Provided, That such report shall include, for
each applicable organization, the status of any negotiations
undertaken by the Department of State to secure such
agreements, including any obstacles encountered and a
description of the Department's plans to address them.
j
Strengthening American Presence at International
Organizations.--
(1) Of the funds made available by this Act under the
heading ``International Organizations and Programs'', not less
than $5,000,000 shall be made available for the placement of
United States citizens in the Junior Professional Officer
Programme.
(2) Of the funds made available by this Act under the
heading ``Diplomatic Programs'', not less than $750,000 shall
be made available to enhance the competitiveness of United
States citizens for leadership positions in the United Nations
system, including pursuant to section 9701 of the Department of
State Authorization Act of 2022 (title XCVII of division I of
Public Law 117-263).
k
Transfer Authority.--Of the funds appropriated by this Act
under the heading ``National Security Investment Programs'', up to
$466,514,000 may be transferred to, and merged with, funds available
under the headings ``Contributions to International Organizations'' and
``Contributions for International Peacekeeping Activities'' if the
Secretary of State determines and reports to the Committees on
Appropriations that such funds support reform efforts and are in the
national interest: Provided, That such transfer authority is in
addition to any other transfer authority provided by this Act or any
other Act and is subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations.
war crimes tribunal
Sec. 7049. If the President determines that doing so will
contribute to a just resolution of charges regarding genocide or other
violations of international humanitarian law, the President may direct
a drawdown pursuant to section 552(c) of the Foreign Assistance Act of
1961 of up to $30,000,000 of commodities and services for the United
Nations War Crimes Tribunal established with regard to the former
Yugoslavia by the United Nations Security Council or such other
tribunals or commissions as the Council may establish or authorize to
deal with such violations, without regard to the ceiling limitation
contained in paragraph (2) thereof: Provided, That the determination
required under this section shall be in lieu of any determinations
otherwise required under section 552(c): Provided further, That funds
made available pursuant to this section shall be made available subject
to the regular notification procedures of the Committees on
Appropriations.
internet freedom
Sec. 7050. Of the funds appropriated by this Act, not less than
$78,375,000 shall be made available for programs to promote Internet
freedom globally, consistent with section 9707 of the Department of
State Authorization Act of 2022 (title XCVII of division I of Public
Law 117-263).
torture and other cruel, inhuman, or degrading treatment or punishment
Sec. 7051. (a) Prohibition.--None of the funds made available by
this Act may be used to support or justify the use of torture and other
cruel, inhuman, or degrading treatment or punishment by any official or
contract employee of the United States Government.
b
Assistance.--Funds appropriated under titles III and IV of this
Act shall be made available, notwithstanding section 660 of the Foreign
Assistance Act of 1961, for assistance to eliminate torture and other
cruel, inhuman, or degrading treatment or punishment by foreign police,
military, or other security forces in countries receiving assistance
from funds appropriated by this Act.
aircraft transfer, coordination, and use
Sec. 7052. (a) Transfer Authority.--Notwithstanding any other
provision of law or regulation, aircraft procured with funds
appropriated by this Act and prior Acts making appropriations for the
Department of State, foreign operations, and related programs under the
headings ``Diplomatic Programs'', ``International Narcotics Control and
Law Enforcement'', ``Andean Counterdrug Initiative'', and ``Andean
Counterdrug Programs'' may be used for any other program and in any
region.
b
Property Disposal.--The authority provided in subsection (a)
shall apply only after the Secretary of State determines and reports to
the Committees on Appropriations that the equipment is no longer
required to meet programmatic purposes in the designated country or
region: Provided, That any such transfer shall be subject to prior
consultation with, and the regular notification procedures of, the
Committees on Appropriations.
c
Aircraft Coordination.--
(1) Authority.--The uses of aircraft purchased or leased by
the Department of State with funds made available in this Act
or prior Acts making appropriations for the Department of
State, foreign operations, and related programs shall be
coordinated under the authority of the appropriate Chief of
Mission: Provided, That such aircraft may be used to
transport, on a reimbursable or non-reimbursable basis, Federal
and non-Federal personnel supporting Department of State
programs and activities: Provided further, That official
travel for other agencies for other purposes may be supported
on a reimbursable basis, or without reimbursement when
traveling on a space available basis: Provided further, That
funds received by the Department of State in connection with
the use of aircraft owned, leased, or chartered by the
Department of State may be credited to the Working Capital Fund
of the Department and shall be available for expenses related
to the purchase, lease, maintenance, chartering, or operation
of such aircraft.
(2) Scope.--The requirement and authorities of this
subsection shall only apply to aircraft, the primary purpose of
which is the transportation of personnel.
d
Aircraft Operations and Maintenance.--To the maximum extent
practicable, the costs of operations and maintenance, including fuel,
of aircraft funded by this Act shall be borne by the recipient country.
parking fines and real property taxes owed by foreign governments
Sec. 7053. The terms and conditions of section 7055 of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2010 (division F of Public Law 111-117) shall apply
to this Act: Provided, That subsection (f)(2)(B) of such section shall
be applied by substituting ``September 30, 2025'' for ``September 30,
2009''.
international monetary fund
Sec. 7054. (a) Extensions.--The terms and conditions of sections
7086(b)(1) and (2) and 7090(a) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2010 (division F
of Public Law 111-117) shall apply to this Act.
b
Repayment.--The Secretary of the Treasury shall instruct the
United States Executive Director of the International Monetary Fund
(IMF) to seek to ensure that any loan will be repaid to the IMF before
other private or multilateral creditors.
extradition
Sec. 7055. (a) Limitation.--None of the funds appropriated in this
Act may be used to provide assistance (other than funds provided under
the headings ``National Security Investment Programs'', ``International
Humanitarian Assistance'', ``International Narcotics Control and Law
Enforcement'', ``United States Emergency Refugee and Migration
Assistance Fund'', and ``Nonproliferation, Anti-terrorism, Demining and
Related Assistance'') for the central government of a country which has
notified the Department of State of its refusal to extradite to the
United States any individual indicted for a criminal offense for which
the maximum penalty is life imprisonment without the possibility of
parole or for killing a law enforcement officer, as specified in a
United States extradition request.
b
Clarification.--Subsection (a) shall only apply to the central
government of a country with which the United States maintains
diplomatic relations and with which the United States has an
extradition treaty and the government of that country is in violation
of the terms and conditions of the treaty.
c
Waiver.--The Secretary of State may waive the restriction in
subsection (a) on a case-by-case basis if the Secretary certifies to
the Committees on Appropriations that such waiver is important to the
national interest of the United States.
enterprise funds
Sec. 7056. (a) Notification.--None of the funds made available
under titles III through VI of this Act may be made available for
Enterprise Funds unless the appropriate congressional committees are
notified at least 15 days in advance, in accordance with the
requirements enumerated under this section in the joint explanatory
statement described in section 4 (in the matter preceding division A of
this consolidated Act).
b
Distribution of Assets Plan.--Prior to the distribution of any
assets resulting from any liquidation, dissolution, or winding up of an
Enterprise Fund, in whole or in part, the President shall submit to the
appropriate congressional committees a plan for the distribution of the
assets of the Enterprise Fund.
c
Transition or Operating Plan.--Prior to a transition to and
operation of any private equity fund or other parallel investment fund
under an existing Enterprise Fund, the President shall submit such
transition or operating plan to the appropriate congressional
committees.
united nations population fund
Sec. 7057. (a) Contribution.--Of the funds made available under the
heading ``International Organizations and Programs'' in this Act for
fiscal year 2026, $32,500,000 shall be made available for the United
Nations Population Fund (UNFPA).
b
Availability of Funds.--Funds appropriated by this Act for
UNFPA, that are not made available for UNFPA because of the operation
of any provision of law, shall be transferred to the ``Global Health
Programs'' account and shall be made available for family planning,
maternal, and reproductive health activities, subject to the regular
notification procedures of the Committees on Appropriations.
c
Prohibition on Use of Funds in China.--None of the funds made
available by this Act may be used by UNFPA for a country program in the
People's Republic of China.
d
Conditions on Availability of Funds.--Funds made available by
this Act for UNFPA may not be made available unless--
(1) UNFPA maintains funds made available by this Act in an
account separate from other accounts of UNFPA and does not
commingle such funds with other sums; and
(2) UNFPA does not fund abortions.
e
Report to Congress and Dollar-for-Dollar Withholding of
Funds.--
(1) Not later than 4 months after the date of enactment of
this Act, the Secretary of State shall submit a report to the
Committees on Appropriations indicating the amount of funds
that UNFPA is budgeting for the year in which the report is
submitted for a country program in the People's Republic of
China.
(2) If a report under paragraph (1) indicates that UNFPA
plans to spend funds for a country program in the People's
Republic of China in the year covered by the report, then the
amount of such funds UNFPA plans to spend in the People's
Republic of China shall be deducted from the funds made
available to UNFPA after March 1 for obligation for the
remainder of the fiscal year in which the report is submitted.
global health activities
Sec. 7058. (a) In General.--Funds appropriated by titles III and IV
of this Act that are made available for bilateral assistance for child
survival activities or disease programs including activities relating
to research on, and the prevention, treatment and control of, HIV/AIDS
may be made available notwithstanding any other provision of law except
for provisions under the heading ``Global Health Programs'' and the
United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria
Act of 2003 (117 Stat. 711; 22 U.S.C. 7601 et seq.), as amended:
Provided, That of the funds appropriated under title III of this Act,
not less than $575,000,000 should be made available for family
planning/reproductive health, including in areas where population
growth threatens biodiversity or endangered species.
b
Pandemics and Other Infectious Disease Outbreaks.--
(1) Global health security.--Funds appropriated by this Act
under the heading ``Global Health Programs'' shall be made
available for global health security programs to accelerate the
capacity of countries to prevent, detect, and respond to
infectious disease outbreaks, including by strengthening public
health capacity where there is a high risk of emerging zoonotic
infectious diseases: Provided, That not later than 60 days
after the date of enactment of this Act, the Secretary of State
shall consult with the Committees on Appropriations on the
planned uses of such funds.
(2) Extraordinary measures.--If the Secretary of State
determines and reports to the Committees on Appropriations that
an international infectious disease outbreak is sustained,
severe, and is spreading internationally, or that it is in the
national interest to respond to a Public Health Emergency of
International Concern, not to exceed an aggregate total of
$200,000,000 of the funds appropriated by this Act under the
headings ``Global Health Programs'', ``National Security
Investment Programs'', ``International Humanitarian
Assistance'', ``Democracy Fund'', and ``Millennium Challenge
Corporation'', may be made available to combat such infectious
disease or public health emergency, and may be transferred to,
and merged with, funds appropriated under such headings for the
purposes of this paragraph.
(3) Emergency reserve fund.--Up to $20,000,000 of the funds
made available under the heading ``Global Health Programs'' may
be made available for the Emergency Reserve Fund established
pursuant to section 7058(c)(1) of the Department of State,
Foreign Operations, and Related Programs Appropriations Act,
2017 (division J of Public Law 115-31): Provided, That such
funds shall be made available under the same terms and
conditions of such section, except that such section shall be
applied by substituting ``International Humanitarian
Assistance'' for ``International Disaster Assistance'' and
substituting ``Secretary of State'' for ``Administrator of the
United States Agency for International Development''.
(4) Consultation and notification.--Funds made available by
this subsection, except paragraph (3), shall be subject to
prior consultation with the appropriate congressional
committees and the regular notification procedures of the
Committees on Appropriations.
c
Limitation.--Notwithstanding any other provision of law, none
of the funds made available by this Act may be made available to the
Wuhan Institute of Virology located in the City of Wuhan in the
People's Republic of China.
d
Transition Strategy.--Not later than 90 days after the date of
enactment of this Act, the Secretary of State shall submit a strategy
to the appropriate congressional committees on a multi-year structured
transition of programs supported by the President's Emergency Plan for
AIDS Relief to country-led ownership resulting in reductions of United
States assistance consistent with the requirements described under this
section in the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act).
e
Initiative.--Of the funds appropriated by this Act under the
heading ``Global Health Programs'', not less than $50,000,000 shall be
made available for a Prevention, Treatment, and Response Initiative for
the prevention and treatment of HIV/AIDS, malaria, and other infectious
diseases as described under this section in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act): Provided, That such funds shall be awarded to
eligible public and private entities, including product development
partnerships and in coordination with other donors, and shall support
the September 2025 America First Global Health Strategy: Provided
further, That funds made available by this subsection may only be made
available following consultation with the Committees on Appropriations:
Provided further, That such funds are in addition to funds otherwise
made available by this Act for such purposes.
women's equality and empowerment
Sec. 7059. (a) In General.--Funds appropriated by this Act shall be
made available to promote the equality and empowerment of women and
girls in United States Government diplomatic and development efforts by
raising the status, increasing the economic participation and
opportunities for political leadership, and protecting the rights of
women and girls worldwide.
b
Women's Economic Empowerment.--Of the funds appropriated under
title III of this Act, $150,000,000 shall be made available to expand
economic opportunities for women by increasing the number and capacity
of women-owned enterprises, improving property rights for women,
increasing women's access to financial services and capital, enhancing
the role of women in economic decision-making at the local, national,
and international levels, and improving women's ability to participate
in the global economy, including through implementation of the Women's
Entrepreneurship and Economic Empowerment Act of 2018 (Public Law 115-
428): Provided, That the Secretary of State shall consult with the
Committees on Appropriations on the uses of funds made available
pursuant to this subsection.
c
Madeleine K. Albright Women's Leadership Program.--Of the funds
appropriated under title III of this Act, not less than $37,500,000
shall be made available for the Madeleine K. Albright Women's
Leadership Program, as established by section 7059(b) of the Department
of State, Foreign Operations, and Related Programs Appropriations Act,
2023 (division K of Public Law 117-328).
d
Gender-Based Violence.--
(1) Of the funds appropriated under titles III and IV of
this Act, not less than $187,500,000 shall be made available to
implement a multi-year strategy to prevent and respond to
gender-based violence in countries where it is common in
conflict and non-conflict settings.
(2) Funds appropriated under titles III and IV of this Act
that are available to train foreign police, judicial, and
military personnel, including for international peacekeeping
operations, shall address, where appropriate, prevention and
response to gender-based violence and trafficking in persons,
and shall promote the integration of women into the police and
other security forces.
(3) Funds made available pursuant to this subsection should
include efforts to combat a variety of forms of violence
against women and girls, including child marriage, rape, and
female genital cutting and mutilation.
e
Women, Peace, and Security.--Of the funds appropriated by this
Act under the headings ``National Security Investment Programs'' and
``International Narcotics Control and Law Enforcement'', $112,500,000
should be made available to support a multi-year strategy to expand,
and improve coordination of, United States Government efforts to
empower women as equal partners in conflict prevention, peace building,
transitional processes, and reconstruction efforts in countries
affected by conflict or in political transition, and to ensure the
equal provision of relief and recovery assistance to women and girls.
sector allocations
Sec. 7060. (a) Basic Education and Higher Education.--
(1) Basic education.--
(A) Of the funds appropriated under title III of
this Act, not less than $691,500,000 shall be made
available for the Nita M. Lowey Basic Education Fund,
and such funds may be made available notwithstanding
any other provision of law that restricts assistance to
foreign countries: Provided, That such funds shall
also be used for secondary education activities.
(B) Of the funds appropriated under title III of
this Act for assistance for basic education programs,
$152,000,000 shall be made available for contributions
to multilateral partnerships that support education.
(2) Higher education.--Of the funds appropriated by title
III of this Act, not less than $203,250,000 shall be made
available for assistance for higher education: Provided, That
such funds may be made available notwithstanding any other
provision of law that restricts assistance to foreign
countries, and shall be subject to the regular notification
procedures of the Committees on Appropriations: Provided
further, That of such amount, not less than $50,000,000 shall
be made available for higher education programs pursuant to
section 7060(a)(3) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2021
(division K of Public Law 116-260).
b
Conservation Programs.--
(1) Funds appropriated by this Act to carry out the
provisions of sections 103 through 106, and chapter 4 of part
II, of the Foreign Assistance Act of 1961 may be used,
notwithstanding any other provision of law, except for the
provisions of this subsection, to support programs funded
pursuant to this subsection: Provided, That funds made
available pursuant to this subsection shall be subject to the
regular notification procedures of the Committees on
Appropriations.
(2)(A) Of the funds appropriated under title III of this
Act, not less than $274,313,000 shall be made available for
biodiversity conservation programs, including for marine
conservation programs following consultation with the
Committees on Appropriations: Provided, That no such funds may
be made available to support the expansion of industrial scale
logging, agriculture, livestock production, mining, or any
other industrial scale extractive activity into areas that were
primary/intact tropical forests as of December 30, 2013, and
the Secretary of the Treasury shall instruct the United States
executive directors of each international financial institution
to use the voice and vote of the United States to oppose any
financing of any such activity.
(B)(i) Of the funds appropriated under titles III and IV of
this Act, not less than $89,063,000 shall be made available to
combat the transnational threat of wildlife poaching and
trafficking.
(ii) None of the funds appropriated under title IV of this
Act may be made available for training or other assistance for
any military unit or personnel that the Secretary of State
determines has been credibly alleged to have participated in
wildlife poaching or trafficking, unless the Secretary reports
to the appropriate congressional committees that to do so is in
the national security interest of the United States.
(C) Of the funds appropriated under titles III and IV of
this Act, not less than $12,500,000 shall be made available for
the prevention of illegal logging practices consistent with the
Lacey Act (16 U.S.C. 3371 et seq./section 8204 of Public Law
110-246), and not less than $12,500,000 shall be made available
to reduce deforestation: Provided, That such funds shall be
allocated consistent with the requirements included under this
heading in the explanatory statement described in section 4 (in
the matter preceding division A of this consolidated Act).
(3) Of the funds appropriated under titles III and IV of
this Act, not less than $131,813,000 shall be made available
for land use, management, and protection programs.
c
Development Programs.--Of the funds appropriated by this Act
under the heading ``National Security Investment Programs'', not less
than $13,875,000 shall be made available for cooperative development
programs.
d
Disability Programs.--Funds appropriated by this Act under the
heading ``National Security Investment Programs'' shall be made
available for programs and activities to address the needs of, and
protect and promote the rights of, people with disabilities in
developing countries: Provided, That funds shall be made available to
support disability rights advocacy organizations in developing
countries: Provided further, That of the funds made available pursuant
to this subsection, 5 percent may be used for management, oversight,
and technical support.
e
Food Security and Agricultural Development.--
(1) Uses of funds.--Of the funds appropriated by title III
of this Act, not less than $720,000,000 shall be made available
for food security and agricultural development programs to
carry out the purposes of the Global Food Security Act of 2016
(Public Law 114-195), including not less than $175,000,000 for
international agricultural research, of which not less than
$72,000,000 shall be made available for the Feed the Future
Innovation Labs, including for the purposes enumerated under
this section in the explanatory statement described in section
4 (in the matter preceding division A of this consolidated
Act): Provided, That funds may be made available for a
contribution as authorized by section 3202 of the Food,
Conservation, and Energy Act of 2008 (Public Law 110-246), as
amended by section 3310 of the Agriculture Improvement Act of
2018 (Public Law 115-334).
(2) Feed the future private sector engagement.--Of the
funds made available pursuant to this subsection, not less than
$20,000,000 shall be made available to support private sector
investment in food security, including as catalytic capital.
f
Public-private Partnership.--Of the funds appropriated by title
III of this Act and prior Acts making appropriations for the Department
of State, foreign operations, and related programs, not less than
$100,000,000 shall be made available for a public-private partnership
foundation for food security, if legislation establishing such a
foundation is enacted into law by December 31, 2026.
g
Programs to Combat Trafficking in Persons.--
(1) In general.--Of the funds appropriated by this Act
under the headings ``National Security Investment Programs''
and ``International Narcotics Control and Law Enforcement'',
not less than $105,625,000 shall be made available for
activities to combat trafficking in persons internationally,
including for the Program to End Modern Slavery, of which not
less than $89,500,000 shall be from funds made available under
the heading ``International Narcotics Control and Law
Enforcement'': Provided, That funds made available by this Act
under the heading ``National Security Investment Programs''
that are made available for activities to combat trafficking in
persons should be obligated and programmed consistent with the
country-specific recommendations included in the annual
Trafficking in Persons Report, and shall be coordinated with
the Office to Monitor and Combat Trafficking in Persons,
Department of State: Provided further, That such funds are in
addition to funds made available by this Act under the heading
``Diplomatic Programs'' for the Office to Monitor and Combat
Trafficking in Persons: Provided further, That funds made
available by this Act shall be made available to further
develop, standardize, and update training for all United States
Government personnel under Chief of Mission authority posted at
United States embassies and consulates abroad on recognizing
signs of human trafficking and protocols for reporting such
cases.
(2) Report.--Not later than 90 days after the date of
enactment of this Act, the Secretary of State shall report to
the appropriate congressional committees on how all grants and
contracts awarded in the prior fiscal year by the Department of
State are compliant with applicable requirements within section
106(g) of the Trafficking Victims Protection Act of 2000 (22
U.S.C. 7104(g)).
h
Water and Sanitation.--Of the funds appropriated by this Act,
not less than $338,250,000 shall be made available for water supply and
sanitation projects pursuant to section 136 of the Foreign Assistance
Act of 1961, of which not less than $169,125,000 shall be for programs
in sub-Saharan Africa.
i
Deviation.--Unless otherwise provided for by this Act, the
Secretary of State may deviate below the minimum funding requirements
designated in sections 7030, 7059, and 7060 of this Act by up to 10
percent, notwithstanding such designation: Provided, That such
deviations shall only be exercised to address unforeseen or exigent
circumstances: Provided further, That concurrent with the submission
of the report required by section 653(a) of the Foreign Assistance Act
of 1961, the Secretary shall submit to the Committees on Appropriations
in writing any proposed deviations utilizing such authority that are
planned at the time of submission of such report: Provided further,
That any deviations proposed subsequent to the submission of such
report shall be subject to prior consultation with such Committees:
Provided further, That not later than November 1, 2027, the Secretary
of State shall submit a report to the Committees on Appropriations on
the use of the authority of this subsection.
debt-for-development
Sec. 7061. In order to enhance the continued participation of
nongovernmental organizations in debt-for-development and debt-for-
nature exchanges, a nongovernmental organization which is a grantee or
contractor of the Department of State may place in interest bearing
accounts local currencies which accrue to that organization as a result
of economic assistance provided under title III of this Act and,
subject to the regular notification procedures of the Committees on
Appropriations, any interest earned on such investment shall be used
for the purpose for which the assistance was provided to that
organization.
budget documents
Sec. 7062. (a) Operating Plans.--Not later than 45 days after the
date of enactment of this Act, each department, agency, or organization
funded in titles I, II, and VI of this Act, and the Department of the
Treasury and Independent Agencies funded in title III of this Act,
shall submit to the Committees on Appropriations an operating plan for
funds appropriated to such department, agency, or organization in such
titles of this Act, or funds otherwise available for obligation in
fiscal year 2026, that provides details of the uses of such funds at
the program, project, and activity level: Provided, That such plans
shall include, as applicable, a comparison between the congressional
budget justification funding levels, the most recent congressional
directives or approved funding levels, and the funding levels proposed
by the department or agency; and a clear, concise, and informative
description/justification: Provided further, That operating plans that
include changes in levels of funding for programs, projects, and
activities specified in the congressional budget justification, in this
Act, or amounts designated in the tables in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act), as applicable, shall be subject to the notification
and reprogramming requirements of section 7015 of this Act.
b
Spend Plans.--
(1) Not later than 180 days after the date of enactment of
this Act, the Secretary of State shall submit to the Committees
on Appropriations a spend plan for funds made available by this
Act for--
(A) assistance for Pacific Islands countries and
for Colombia;
(B) assistance for the Caribbean Basin Security
Initiative, Central America Regional Security
Initiative, Middle East Partnership Initiative, Indo-
Pacific Strategy and the Countering PRC Influence Fund,
and Power Africa;
(C) assistance made available pursuant to the
following sections in this Act: section 7030; section
7032; section 7033; section 7036; section 7047(d) (on a
country-by-country basis); section 7059; and
subsections (a), (e), (g), and (h) of section 7060;
(D) funds provided under the heading
``International Narcotics Control and Law Enforcement''
for demand reduction, which shall include bilateral and
global programs; and
(E) implementation of the Global Fragility Act of
2019.
(2) Not later than 90 days after the date of enactment of
this Act, the Secretary of the Treasury shall submit to the
Committees on Appropriations a detailed spend plan for funds
made available by this Act under the headings ``Department of
the Treasury, International Affairs Technical Assistance'' in
title III.
c
Clarification.--The spend plans referenced in subsection (b)
shall not be considered as meeting the notification requirements in
this Act or under section 634A of the Foreign Assistance Act of 1961.
d
Congressional Budget Justification.--The congressional budget
justification for Department of State operations and foreign operations
shall be provided to the Committees on Appropriations concurrent with
the date of submission of the President's budget for fiscal year 2027:
Provided, That the appendices for such justification shall be provided
to the Committees on Appropriations not later than 10 calendar days
thereafter.
reorganization
Sec. 7063. (a) Prior Consultation and Notification.--Funds
appropriated by this Act, prior Acts making appropriations for the
Department of State, foreign operations, and related programs, or any
other Act may not be used to implement a reorganization, redesign, or
other plan described in subsection (b) by the Department of State or
any other Federal department, agency, or organization funded by this
Act without prior consultation by the head of such department, agency,
or organization with the appropriate congressional committees:
Provided, That such funds shall be subject to the regular notification
procedures of the Committees on Appropriations: Provided further, That
any such notification submitted to such Committees shall include a
detailed justification for any proposed action: Provided further, That
congressional notifications submitted in prior fiscal years pursuant to
similar provisions of law in prior Acts making appropriations for the
Department of State, foreign operations, and related programs may be
deemed to meet the notification requirements of this section.
b
Description of Activities.--Pursuant to subsection (a), a
reorganization, redesign, or other plan shall include any action to--
(1) expand, eliminate, consolidate, or downsize covered
departments, agencies, or organizations, including bureaus and
offices within or between such departments, agencies, or
organizations, including the transfer to other agencies of the
authorities and responsibilities of such bureaus and offices;
(2) expand, eliminate, consolidate, or downsize the United
States official presence overseas, including at bilateral,
regional, and multilateral diplomatic facilities and other
platforms; or
(3) expand or reduce the size of the permanent Civil
Service, Foreign Service, eligible family member, and locally
employed staff workforce of the Department of State from the
staffing levels previously justified to the Committees on
Appropriations for fiscal year 2026.
department of state matters
Sec. 7064. (a) Working Capital Fund.--Funds appropriated by this
Act or otherwise made available to the Department of State for payments
to the Working Capital Fund that are made available for new service
centers, shall be subject to the regular notification procedures of the
Committees on Appropriations.
b
Certification.--
(1) Compliance.--Not later than 45 days after the initial
obligation of funds appropriated under titles III and IV of
this Act that are made available to a Department of State
bureau or office with responsibility for the management and
oversight of such funds, the Secretary of State shall certify
and report to the Committees on Appropriations, on an
individual bureau or office basis, that such bureau or office
is in compliance with Department and Federal financial and
grants management policies, procedures, and regulations, as
applicable.
(2) Considerations.--When making a certification required
by paragraph (1), the Secretary of State shall consider the
capacity of a bureau or office to--
(A) account for the obligated funds at the country
and program level, as appropriate;
(B) identify risks and develop mitigation and
monitoring plans;
(C) establish performance measures and indicators;
(D) review activities and performance; and
(E) assess final results and reconcile finances.
(3) Plan.--If the Secretary of State is unable to make a
certification required by paragraph (1), the Secretary shall
submit a plan and timeline detailing the steps to be taken to
bring such bureau or office into compliance.
c
Other Matters.--
(1) In addition to amounts appropriated or otherwise made
available by this Act under the heading ``Diplomatic
Programs''--
(A) as authorized by section 810 of the United
States Information and Educational Exchange Act, not to
exceed $5,000,000, to remain available until expended,
may be credited to this appropriation from fees or
other payments received from English teaching, library,
motion pictures, and publication programs and from fees
from educational advising and counseling and exchange
visitor programs; and
(B) not to exceed $15,000, which shall be derived
from reimbursements, surcharges, and fees for use of
Blair House facilities.
(2) Funds appropriated or otherwise made available by this
Act under the heading ``Diplomatic Programs'' are available for
acquisition by exchange or purchase of passenger motor vehicles
as authorized by law and, pursuant to section 1108(g) of title
31, United States Code, for the field examination of programs
and activities in the United States funded from any account
contained in title I of this Act.
(3) Consistent with section 204 of the Admiral James W.
Nance and Meg Donovan Foreign Relations Authorization Act,
Fiscal Years 2000 and 2001 (22 U.S.C. 2452b), up to $25,000,000
of the amounts made available under the heading ``Diplomatic
Programs'' in this Act may be obligated and expended for United
States participation in international fairs and expositions
abroad, including for construction and operation of a United
States pavilion.
(4)(A) The notification requirement of paragraphs (2) and
(3) of subsection (j) of the State Department Basic Authorities
Act of 1956 (22 U.S.C. 2651a(j)) shall also apply to the
Committees on Appropriations.
(B) The justification requirement of paragraph (4) of
subsection (j) of the State Department Basic Authorities Act of
1956 (22 U.S.C. 2651a(j)) shall also apply to the Committees on
Appropriations.
(C) Not later than 90 days after the date of enactment of
this Act, the Secretary of State shall submit to the
appropriate congressional committees a report detailing the
criteria used to certify that a position established in
accordance with paragraph (2) of subsection (j) of the State
Department Basic Authorities Act of 1956 (22 U.S.C. 2651a(j))
does not require the exercise of significant authority pursuant
to the laws of the United States: Provided, That such report
shall also include a listing of each special appointment
authorized by such section, the number of positions for the
applicable office, and the salary and other support costs of
such office, and such report shall be updated and submitted to
the such committees every 180 days thereafter until September
30, 2027.
(5) Funds appropriated by this Act under the headings
``Diplomatic Programs'' and ``National Security Investment
Programs'' shall be made available for the purposes and in the
manner described under this subsection in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act).
foreign assistance management
Sec. 7065. (a) Authority.--Up to $170,000,000 of the funds made
available in title III of this Act pursuant to or to carry out the
provisions of part I of the Foreign Assistance Act of 1961 may be used
to hire and employ individuals in the United States and overseas on a
limited appointment basis pursuant to the authority of sections 308 and
309 of the Foreign Service Act of 1980 (22 U.S.C. 3948 and 3949).
b
Restriction.--The authority to hire individuals contained in
subsection (a) shall expire on September 30, 2027.
c
Program Account Charged.--The account charged for the cost of
an individual hired and employed under the authority of this section
shall be the account to which the responsibilities of such individual
primarily relate: Provided, That funds made available to carry out
this section may be transferred to, and merged with, funds appropriated
by this Act under the relevant headings in title I.
d
Disaster Surge Capacity.--Funds appropriated under title III of
this Act to carry out part I of the Foreign Assistance Act of 1961, may
be used, in addition to funds otherwise available for such purposes,
for the cost (including the support costs) of individuals whose primary
responsibility is to carry out programs in response to natural
disasters or man-made disasters, subject to the regular notification
procedures of the Committees on Appropriations.
e
Small Business.--In entering into multiple award indefinite-
quantity contracts with funds appropriated by this Act, the Department
of State may provide an exception to the fair opportunity process for
placing task orders under such contracts when the order is placed with
any category of small or small disadvantaged business.
f
Personal Service Agreements.--Funds appropriated by this Act
under title III may be made available for the Secretary of State to
exercise the authorities of section 2669(c) of title 22, United States
Code.
stabilization and development
Sec. 7066. (a) Of the funds appropriated by this Act under the
headings ``National Security Investment Programs'', ``International
Narcotics Control and Law Enforcement'', ``Nonproliferation, Anti-
terrorism, Demining and Related Programs'', ``Peacekeeping
Operations'', and ``Foreign Military Financing Program'', not less than
$108,000,000 shall be made available for the Prevention and
Stabilization Fund for the purposes enumerated in section 509(a) of the
Global Fragility Act of 2019 (title V of division J of Public Law 116-
94): Provided, That funds made available pursuant to this subsection
under the heading ``Foreign Military Financing Program'' may remain
available until September 30, 2027.
b
Of the funds appropriated under title III of this Act, not less
than $192,375,000 shall be made available for natural disaster
preparation and mitigation efforts, including in Pacific Islands
countries and other high-risk areas, notwithstanding any other
provision of law.
extension of consular fees and related authorities
Sec. 7067. (a) Section 1(b)(1) of the Passport Act of June 4, 1920
(22 U.S.C. 214(b)(1)) shall be applied through fiscal year 2026 by
substituting ``the costs of providing consular services'' for ``such
costs''.
b
Section 21009 of the Emergency Appropriations for Coronavirus
Health Response and Agency Operations (division B of Public Law 116-
136; 134 Stat. 592) shall be applied during fiscal year 2026 by
substituting ``2020 through 2026'' for ``2020 and 2021''.
c
Discretionary amounts made available to the Department of State
under the heading ``Administration of Foreign Affairs'' of this Act,
and discretionary unobligated balances under such heading from prior
Acts making appropriations for the Department of State, foreign
operations, and related programs, may be transferred to the Consular
and Border Security Programs account if the Secretary of State
determines and reports to the Committees on Appropriations that to do
so is necessary to sustain consular operations, following consultation
with such Committees: Provided, That such transfer authority is in
addition to any transfer authority otherwise available in this Act and
under any other provision of law: Provided further, That no amounts
may be transferred from amounts designated as an emergency requirement
pursuant to a concurrent resolution on the budget or the Balanced
Budget and Emergency Deficit Control Act of 1985.
d
In addition to the uses permitted pursuant to section
286(v)(2)(A) of the Immigration and Nationality Act (8 U.S.C.
1356(v)(2)(A)), for fiscal year 2026, the Secretary of State may also
use fees deposited into the Fraud Prevention and Detection Account for
the costs of providing consular services.
e
Amounts provided pursuant to subsection (b) are designated by
the Congress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
prohibition on censorship
Sec. 7068. Funds appropriated or otherwise made available by this
Act for programs to counter foreign propaganda and disinformation, and
for related purposes, may only be made available for the purpose of
countering such efforts by foreign state and non-state actors abroad.
other matters
Sec. 7069. (a) None of the funds appropriated or otherwise made
available by this Act may be obligated or expended to fly or display a
flag over a facility of the United States Department of State other
than the--
(1) United States flag;
(2) Foreign Service flag pursuant to 2 FAM 154.2-1;
(3) POW/MIA flag;
(4) Hostage and Wrongful Detainee flag, pursuant to section
904 of title 36, United States Code;
(5) flag of a State, insular area, or the District of
Columbia at domestic locations;
(6) flag of an Indian Tribal government;
(7) official branded flag of a United States agency; or
(8) sovereign flag of other countries.
b
Funds may be transferred to the United States Section of the
International Boundary and Water Commission, United States and Mexico,
from Federal or non-Federal entities, to study, design, construct,
operate, and maintain treatment and flood control works and related
structures, consistent with the functions of the United States Section:
Provided, That such funds shall be deposited in an account under the
heading ``International Boundary and Water Commission, United States
and Mexico'', to remain available until expended.
multilateral development banks
Sec. 7070. (a) Additional Subscription to Shares of the Capital
Stock of the Inter-american Investment Corporation.--The Secretary of
the Treasury may subscribe on behalf of the United States to up to an
additional 25,128 shares of the capital stock of the Inter-American
Investment Corporation: Provided, That any subscription to such
additional shares shall be effective only to such extent or in such
amounts as are provided in this or any other appropriations Act.
b
World Bank.--
(1) International development association twenty-first
replenishment.--The International Development Association Act
(22 U.S.C. 284 et seq.) is amended by adding at the end the
following:
``SEC. 33. TWENTY-FIRST REPLENISHMENT.
``(a) In General.--The United States Governor of the International
Development Association may contribute on behalf of the United States
$3,198,552,000 to the twenty-first replenishment of the resources of
the Association, subject to obtaining the necessary appropriations.
``(b) Authorization of Appropriations.--In order to pay for the
United States contribution provided for in subsection (a), there are
authorized to be appropriated, without fiscal year limitation,
$3,198,552,000 for payment by the Secretary of the Treasury.''.
(2) Multilateral development bank support for nuclear
energy.--Title XV of the International Financial Institutions
Act (22 U.S.C. 262o et seq.) is amended by adding at the end
the following:
``SEC. 1506. MULTILATERAL DEVELOPMENT BANK SUPPORT FOR NUCLEAR ENERGY.
``The Secretary of the Treasury shall instruct the United States
Executive Director at the International Bank for Reconstruction and
Development, the European Bank for Reconstruction and Development, and,
as the Secretary finds appropriate, any other multilateral development
bank (as defined in section 1307(g)) to use the voice, vote, and
influence of the United States to advocate for--
``(1) the removal of prohibitions at the respective bank
against financial and technical assistance for the generation,
transmission, and distribution of nuclear energy, to the extent
that the prohibitions apply to nuclear technologies, including
small modular reactors, that meet or exceed the quality and
safety standards of technologies produced by the United States
or a member country of the Organisation for Economic Co-
operation and Development; and
``(2) increased internal capacity-building at the
respective bank for the purpose of assessing--
``(A) the potential role of nuclear energy,
including small modular reactors, in the energy systems
of client countries; and
``(B) the delivery of financial and technical
assistance described in paragraph (1) to the
countries.''.
(3) Establishment of nuclear energy assistance trust
funds.--Title XV of the International Financial Institutions
Act (22 U.S.C. 262o et seq.) is further amended by adding at
the end the following:
``SEC. 1507. ESTABLISHMENT OF NUCLEAR ENERGY ASSISTANCE TRUST FUNDS.
``(a) In General.--The Secretary of the Treasury shall instruct the
United States Governors of the International Bank for Reconstruction
and Development, and, as the Secretary deems appropriate, of other
international financial institutions (as defined in section 1701(c)(2))
to use the voice, vote, and influence of the United States to establish
at each such institution a trust fund to be known as the `Nuclear
Energy Assistance Trust Fund' that meets the requirements of
subsections (b) and (c) of this section.
``(b) Purposes.--The purposes of such a trust fund shall be the
following:
``(1) To provide financial and technical assistance to
support the generation, transmission, and distribution of
nuclear energy in borrowing countries.
``(2) To ensure that the international financial
institution makes financing available on competitive terms,
including for the purpose of countering credit extended by the
government of a country that is not a member of the OECD
Arrangement on Officially Supported Export Credits.
``(3) To exclusively support the adoption of nuclear energy
technologies, including small modular reactors, that meet or
exceed the quality and safety standards of technologies
produced by the United States or a member country of the
Organisation for Economic Co-operation and Development.
``(4) To strengthen the capacity of the international
financial institution to assess, implement, and evaluate
nuclear energy projects.
``(c) Use of Trust Fund Revenues.--The revenues of such a trust
fund may be made available for activities for the purposes described in
subsection (b), or the United States share of the revenues may be
remitted to the general fund of the Treasury, as the Secretary finds
appropriate.
``(d) Rule of Interpretation.--This section shall not be
interpreted to affect the ability of the United States Governor of, or
the United States Executive Director at, an international financial
institution (as so defined) to encourage the provision of financial or
technical assistance from non-trust fund resources of the institution
to support the generation or distribution of nuclear energy.''.
(4) Inclusion in annual report.--During the 7-year period
that begins with the date of enactment of this Act, the
Chairman of the National Advisory Council on International
Monetary and Financial Policies shall include in the annual
report required by section 1701 of the International Financial
Institutions Act a description of any progress made--
(A) to promote multilateral development bank (as
defined in such section) assistance for nuclear energy;
and
(B) to establish a trust fund pursuant to section
1507 of such Act or, as the case may be, a summary of
the activities of any such trust fund.
(5) Sunset.--The preceding provisions of this subsection
and the amendments made by the preceding provisions of this
subsection shall have no force or effect beginning 10 years
after the date of the enactment of this Act.
(6) Continuation of pause on world bank disbursements and
commitments to burma.--The Secretary of the Treasury shall
direct the United States Executive Director at the
International Bank for Reconstruction and Development to use
the voice and vote of the United States to continue the pause
by the Bank on disbursements and the making of new financing
commitments to Burma, that was initiated after a military coup
overthrew the democratically elected government of Burma in
2021, unless the Secretary of the Treasury determines that it
is not in the national interest of the United States to do so.
(7) Exemption from securities laws; reports to securities
and exchange commission.--Any securities issued by the
International Development Association (including any guaranty
by the Association, whether or not limited in scope) and any
securities guaranteed by the Association as to both principal
and interest shall be deemed to be exempted securities within
the meaning of section 3(a)(2) of the Securities Act of 1933
(15 U.S.C. 77c(a)(2)) and section 3(a)(12) of the Securities
Exchange Act of 1934 (15 U.S.C. 78c(a)(12)): Provided, That
the Association shall file with the Securities and Exchange
Commission such annual and other reports with regard to such
securities as the Commission shall determine to be appropriate
in view of the special character of the Association and its
operations, and necessary in the public interest or for the
protection of investors.
(8) Authority of securities and exchange commission to
suspend exemption; reports to congress.--The Securities and
Exchange Commission, acting in consultation with the National
Advisory Council on International Monetary and Financial
Policies, may suspend the provisions of paragraph (7) at any
time as to any or all securities issued or guaranteed by the
International Development Association during the period of such
suspension: Provided, That the Commission shall include in its
annual reports to the Congress such information as it shall
deem advisable with regard to the operations and effect of this
paragraph.
(9) Effective date.--
(A) In general.--Paragraph (7) shall take effect 30
days after the date of the enactment of this Act.
(B) Exception.--Notwithstanding subparagraph (A),
paragraph (7) shall not take effect if, before the
effective date described in subparagraph (A), the
Secretary of the Treasury reports to the Committee on
Financial Services of the House of Representatives and
the Committees on Banking, Housing, and Urban Affairs
and Foreign Relations of the Senate that the
International Development Association is providing
financial assistance to any country the government of
which the Secretary of State has determined, for
purposes of section 1754 of the National Defense
Authorization Act for Fiscal Year 2019, section 620A of
the Foreign Assistance Act of 1961, or section 40 of
the Arms Export Control Act, to be a government that
has repeatedly provided support for acts of
international terrorism.
c
Asian Development Fund Thirteenth Replenishment.--The Asian
Development Bank Act (22 U.S.C. 285 et seq.) is amended by adding at
the end the following:
``SEC. 38. ASIAN DEVELOPMENT FUND THIRTEENTH REPLENISHMENT.
``(a) In General.--The United States Governor of the Fund may
contribute on behalf of the United States $174,440,000 to the
thirteenth replenishment of the resources of the Fund, subject to
obtaining the necessary appropriations.
``(b) Authorization of Appropriations.--In order to pay for the
United States contribution provided for in subsection (a), there are
authorized to be appropriated, without fiscal year limitation,
$174,440,000 for payment by the Secretary of the Treasury.''.
d
African Development Bank General Callable Capital Increase.--
The African Development Bank Act (22 U.S.C. 290i et seq.) is amended by
inserting at the end the following:
``SEC. 1346. GENERAL CALLABLE CAPITAL INCREASE.
``(a) Subscription Authorized.--
``(1) In general.--The United States Governor of the Bank
may subscribe on behalf of the United States to 800,000
additional shares of the capital stock of the Bank.
``(2) Limitation.--Any subscription by the United States to
the capital stock of the Bank shall be effective only to such
extent and in such amounts as are provided in advance in
appropriations Acts.
``(b) Authorization of Appropriations.--For the increase in the
United States subscription to the Bank under subsection (a), there is
authorized to be appropriated, without fiscal year limitation,
$7,800,000,000, for payment by the Secretary of the Treasury for
callable shares of the Bank.''.
america first opportunity fund
Sec. 7071. (a) In General.--Of the funds appropriated by this Act
under the headings ``National Security Investment Programs'',
``International Narcotics Control and Law Enforcement'', ``Peacekeeping
Operations'', and ``Foreign Military Financing Program'', up to
$850,000,000 may be made available for the America First Opportunity
Fund to furnish assistance that makes America safer, stronger, and more
prosperous by responding to crises, engaging proactively with strategic
partners, and countering threats from adversaries.
b
Transfer Authority.--Funds appropriated by this Act under the
headings ``International Narcotics Control and Law Enforcement'',
``Peacekeeping Operations'', and ``Foreign Military Financing Program''
and made available for such Fund may be transferred to, and merged
with, funds appropriated under such headings: Provided, That such
transfer authority is in addition to any other transfer authority
provided by this Act or any other Act, and is subject to the regular
notification procedures of the Committees on Appropriations.
c
Availability.--Funds made available pursuant to this section
under the heading ``Foreign Military Financing Program'' may remain
available until September 30, 2027.
d
Consultation.--The Secretary of State shall consult with the
Committees on Appropriations on the allocation of funds made available
pursuant to this section not later than 30 days prior to the initial
obligation of funds.
rescissions
(including rescissions of funds)
Sec. 7072. (a) Consular and Border Security Programs.--Of the
unobligated balances from amounts made available under the heading
``Consular and Border Security Programs'' from prior Acts making
appropriations for the Department of State, foreign operations, and
related programs, $900,000,000 are permanently rescinded.
b
Educational and Cultural Exchange Programs.--Of the unobligated
balances from amounts made available under the heading ``Educational
and Cultural Exchange Programs'' from prior Acts making appropriations
for the Department of State, foreign operations, and related programs,
$25,000,000 are permanently rescinded.
c
Debt Restructuring.--Of the unobligated balances from amounts
made available under the heading ``Debt Restructuring'' from prior Acts
making appropriations for the Department of State, foreign operations,
and related programs, $63,975,000 are permanently rescinded.
d
Democracy Fund.--Of the unobligated balances from amounts made
available under the heading ``Democracy Fund'' for the Bureau for
Democracy, Human Rights, and Governance, United States Agency for
International Development, from prior Acts making appropriations for
the Department of State, foreign operations, and related programs,
$57,000,000 are permanently rescinded.
e
Millennium Challenge Corporation.--Of the unobligated balances
from amounts made available under the heading ``Millennium Challenge
Corporation'' from prior Acts making appropriations for the Department
of State, foreign operations, and related programs, $661,250,000 are
permanently rescinded.
f
International Narcotics Control and Law Enforcement.--Of the
unobligated and unexpended balances from amounts made available under
the heading ``International Narcotics Control and Law Enforcement''
from prior Acts making appropriations for the Department of State,
foreign operations, and related programs, $179,306,000 are permanently
rescinded.
g
Peacekeeping Operations.--Of the unobligated and unexpended
balances from amounts made available under the heading ``Peacekeeping
Operations'' from prior Acts making appropriations for the Department
of State, foreign operations, and related programs, $50,000,000 are
permanently rescinded.
h
Restriction.--No amounts may be rescinded from amounts that
were previously designated by the Congress as an emergency requirement
pursuant to a concurrent resolution on the budget or section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
This division may be cited as the ``National Security, Department
of State, and Related Programs Appropriations Act, 2026''.
DIVISION G--OTHER MATTERS
SEC. 101. FUNDING LIMITATION.
Notwithstanding any other provision of any other division of this
Act, funds appropriated or otherwise made available by division F of
this Act or other Acts making appropriations for the Department of
State, foreign operations, and related programs, including provisions
of Acts providing supplemental appropriations for the Department of
State, foreign operations, and related programs, may not be used for a
contribution, grant, or other payment to the United Nations Relief and
Works Agency, notwithstanding any other provision of law--
(1) for any amounts provided in prior fiscal years or in
fiscal year 2026; or
(2) for amounts provided in fiscal year 2027, until March
25, 2027.
DIVISION H--DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2026
TITLE I
DEPARTMENTAL MANAGEMENT, INTELLIGENCE, SITUATIONAL AWARENESS, AND
OVERSIGHT
Office of the Secretary and Executive Management
operations and support
For necessary expenses of the Office of the Secretary and for
executive management for operations and support, $316,295,000, which
shall be for the purposes and in the amounts specified in the ``Final
Bill'' column for Office of the Secretary and Executive Management,
Operations and Support, in the ``Department of Homeland Security
Appropriations Act, 2026'' table in the explanatory statement described
in section 4 (in the matter preceding division A of this consolidated
Act), of which $14,050,000 of amounts made available for Management and
Oversight, Office of Health Security and $8,000,000 of amounts made
available for Office of Strategy, Policy, and Plans shall remain
available until September 30, 2027: Provided, That $5,000,000 shall be
withheld from obligation until the Secretary submits to the Committees
on Appropriations of the House of Representatives and the Senate
responses to all questions for the record for each hearing on the
fiscal year 2027 budget submission for the Department of Homeland
Security held by such Committees prior to July 1: Provided further,
That not to exceed $15,000 shall be for official reception and
representation expenses.
procurement, construction, and improvements
For necessary expenses of the Office of the Secretary and for
executive management for procurement, construction, and improvements,
$8,911,000, to remain available until September 30, 2028.
Management Directorate
operations and support
For necessary expenses of the Management Directorate for operations
and support, including vehicle fleet modernization, $1,690,380,000,
which shall be for the purposes and in the amounts specified in the
``Final Bill'' column for Management Directorate, Operations and
Support, in the ``Department of Homeland Security Appropriations Act,
2026'' table in the explanatory statement described in section 4 (in
the matter preceding division A of this consolidated Act): Provided,
That not to exceed $2,000 shall be for official reception and
representation expenses.
procurement, construction, and improvements
For necessary expenses of the Management Directorate for
procurement, construction, and improvements, $58,106,000, to remain
available until September 30, 2028.
federal protective service
The revenues and collections of security fees credited to this
account shall be available until expended for necessary expenses
related to the protection of federally owned and leased buildings and
for the operations of the Federal Protective Service.
Intelligence, Analysis, and Situational Awareness
operations and support
For necessary expenses of the Office of Intelligence and Analysis
and the Office of Homeland Security Situational Awareness for
operations and support, $340,819,000, of which $121,274,000 shall
remain available until September 30, 2027: Provided, That not to
exceed $3,825 shall for be official reception and representation
expenses and not to exceed $2,000,000 is available for facility needs
associated with secure space at fusion centers, including improvements
to buildings.
Office of Inspector General
operations and support
For necessary expenses of the Office of Inspector General for
operations and support, $257,599,000, of which $20,000,000 shall be for
additional inspections and oversight of detention facilities and shall
remain available until September 30, 2027, and of which $12,814,000
shall be for oversight of the execution of funds provided in Public Law
119-21: Provided, That not to exceed $300,000 may be used for certain
confidential operational expenses, including the payment of informants,
to be expended at the direction of the Inspector General.
Administrative Provisions
Sec. 101. (a) The Secretary of Homeland Security shall submit a
report not later than October 15, 2026, to the Inspector General of the
Department of Homeland Security listing all grants and contracts
awarded by any means other than full and open competition during fiscal
years 2025 or 2026.
b
The Inspector General shall review the report required by
subsection (a) to assess departmental compliance with applicable laws
and regulations and report the results of that review to the Committees
on Appropriations of the House of Representatives and the Senate not
later than February 15, 2027.
Sec. 102. (a) Not later than 30 days after the last day of each
month, the Chief Financial Officer of the Department of Homeland
Security shall submit to the Committees on Appropriations of the House
of Representatives and the Senate a monthly budget and staffing report
that includes total obligations of the Department for that month and
for the fiscal year at the appropriation and program, project, and
activity levels, by the source year of the appropriation.
b
The initial staffing report submitted pursuant to subsection
a
shall be the baseline for which the Department of Homeland Security
may increase or decrease staffing levels for any program, project, or
activity pursuant to section 503(a)(4) of this Act.
Sec. 103. (a) The Secretary of Homeland Security, in consultation
with the Secretary of the Treasury, shall notify the Committees on
Appropriations of the House of Representatives and the Senate of any
proposed transfers of funds available under section 9705(g)(4)(B) of
title 31, United States Code, from the Department of the Treasury
Forfeiture Fund to any agency within the Department of Homeland
Security.
b
None of the funds identified for such a transfer may be
obligated until the Committees on Appropriations of the House of
Representatives and the Senate are notified of the proposed transfer.
Sec. 104. All official costs associated with the use of Government
aircraft by Department of Homeland Security personnel to support
official travel of the Secretary and the Deputy Secretary shall be paid
from amounts made available for the Office of the Secretary.
Sec. 105. (a) The Under Secretary for Management shall brief the
Committees on Appropriations of the House of Representatives and the
Senate not later than 45 days after the end of each fiscal quarter on
all Level 1 and Level 2 acquisition programs on the Master Acquisition
Oversight List between Acquisition Decision Event and Full Operational
Capability, including programs that have been removed from such list
during the preceding quarter.
b
For each such program, the briefing described in subsection (a)
shall include--
(1) a description of the purpose of the program, including
the capabilities being acquired and the component(s) sponsoring
the acquisition;
(2) the total number of units, as appropriate, to be
acquired annually until procurement is complete under the
current acquisition program baseline;
(3) the Acquisition Review Board status, including--
(A) the current acquisition phase by increment, as
applicable;
(B) the date of the most recent review; and
(C) whether the program has been paused or is in
breach status;
(4) a comparison between the initial Department-approved
acquisition program baseline cost, schedule, and performance
thresholds and objectives and the program's current such
thresholds and objectives, if applicable;
(5) the lifecycle cost estimate, adjusted for comparison to
the Future Years Homeland Security Program, including--
(A) the confidence level for the estimate;
(B) the fiscal years included in the estimate;
(C) a breakout of the estimate for the prior five
years, the current year, and the budget year;
(D) a breakout of the estimate by appropriation
account or other funding source; and
(E) a description of and rationale for any changes
to the estimate as compared to the previously approved
baseline, as applicable, and during the prior fiscal
year;
(6) a summary of the findings of any independent
verification and validation of the items to be acquired or an
explanation for why no such verification and validation has
been performed;
(7) a table displaying the obligation of all program funds
by prior fiscal year, the estimated obligation of funds for the
current fiscal year, and an estimate for the planned carryover
of funds into the subsequent fiscal year;
(8) a listing of prime contractors and major
subcontractors; and
(9) narrative descriptions of risks to cost, schedule, or
performance that could result in a program breach if not
successfully mitigated.
c
The Under Secretary for Management shall submit each approved
Acquisition Decision Memorandum for programs described in this section
to the Committees on Appropriations of the House of Representatives and
the Senate not later than five business days after the date of approval
of such memorandum by the Under Secretary for Management or the
designee of the Under Secretary for Management.
Sec. 106. (a) None of the funds made available to the Department of
Homeland Security in this Act or prior appropriations Acts may be
obligated for any new pilot or demonstration unless the component or
office carrying out such pilot or demonstration has documented the
information described in subsection (c).
b
Prior to the obligation of any such funds made available for
``Operations and Support'' for a new pilot or demonstration, the Under
Secretary for Management shall provide a report to the Committees on
Appropriations of the House of Representatives and the Senate on the
information described in subsection (c).
c
The information required under subsections (a) and (b) for a
pilot or demonstration shall include the following--
(1) documented objectives that are well-defined and
measurable;
(2) an assessment methodology that details--
(A) the type and source of assessment data;
(B) the methods for, and frequency of, collecting
such data; and
(C) how such data will be analyzed; and
(3) an implementation plan, including milestones, cost
estimates, and implementation schedules, including a projected
end date.
d
Not later than 90 days after the date of completion of a pilot
or demonstration described in subsection (e), the Under Secretary for
Management shall provide a report to the Committees on Appropriations
of the House of Representatives and the Senate detailing lessons
learned, actual costs, any planned expansion or continuation of the
pilot or demonstration, and any planned transition of such pilot or
demonstration into an enduring program or operation.
e
For the purposes of this section, a pilot or demonstration
program is a study, demonstration, experimental program, or trial
that--
(1) is a small-scale, short-term experiment conducted in
order to evaluate feasibility, duration, costs, or adverse
events, and improve upon the design of an effort prior to
implementation of a larger scale effort; and
(2) uses more than 10 full-time equivalents or obligates,
or proposes to obligate, $5,000,000 or more, but does not
include congressionally directed programs or enhancements and
does not include programs that were in operation as of the date
of the enactment of this Act.
f
For the purposes of this section, a pilot or demonstration does
not include any testing, evaluation, or initial deployment phase
executed under a procurement contract for the acquisition of
information technology services or systems, or any pilot or
demonstration carried out by a non-Federal recipient under any
financial assistance agreement funded by the Department.
Sec. 107. (a) None of the funds appropriated or otherwise made
available by this Act may be used by the Office of Intelligence and
Analysis of the Department of Homeland Security to conduct a covered
activity (as defined by section 6303 of the Intelligence Authorization
Act for Fiscal Year 2025 (division F of Public Law 118-159)).
b
Nothing in this section shall be construed as limiting or
superseding the authority of any official within the Department of
Homeland Security to conduct legal, privacy, civil rights, or civil
liberties oversight of the intelligence activities of the Office of
Intelligence and Analysis.
c
Nothing in this section shall be construed to prohibit, or to
limit the authority of, personnel of the Office of Intelligence and
Analysis of the Department of Homeland Security from sharing
intelligence information with, or receiving information from--
(1) foreign, State, local, tribal, or territorial
governments (or any agency or subdivision thereof);
(2) the private sector; or
(3) other elements of the Federal Government, including the
components of the Department of Homeland Security.
Sec. 108. (a) The Inspector General shall report to the Committees
on Appropriations of the House of Representatives and the Senate on a
quarterly basis on oversight of the funding provided to the Department
in Public Law 119-21.
b
The quarterly report required in subsection (a) shall include--
(1) a review of the spend plans for every program, project,
or activity funded by the Department under Public Law 119-21,
including the current status of obligated funds compared to
spend plan projections; and
(2) a summary of the audits being conducted on the
Department's contracting, procurement, and acquisition
activities resulting from Public Law 119-21.
c
Beginning one year after the date of enactment of this Act, and
annually thereafter, the Inspector General shall submit a comprehensive
report to the Committees on Appropriations of the House of
Representatives and the Senate on the audits, inspections, and
evaluations conducted on funds provided and activities undertaken in
Public Law 119-21 and shall also provide recommendations in such report
on ways to improve effectiveness and efficiency and prevent waste,
fraud, and abuse of such programs and funds.
Sec. 109. (a) For an additional amount for ``Office of the
Secretary and Executive Management--Operations and Support--Office of
the Secretary'', $20,000,000, for the procurement, deployment, and
operations of body-worn cameras for agents and officers performing
enforcement activities under 8 U.S.C. 1101 et seq.
b
Within 30 days of the date of enactment of this Act, the
Secretary shall provide the Committees on Appropriations of the House
of Representatives and the Senate a spend plan for the execution of
funding provided in subsection (a).
TITLE II
SECURITY, ENFORCEMENT, AND INVESTIGATIONS
U.S. Customs and Border Protection
operations and support
(including transfer of funds)
For necessary expenses of U.S. Customs and Border Protection for
operations and support, including the transportation of unaccompanied
alien minors; the provision of air and marine support to Federal,
State, local, and international agencies in the enforcement or
administration of laws enforced by the Department of Homeland Security;
at the discretion of the Secretary of Homeland Security, the provision
of such support to Federal, State, and local agencies in other law
enforcement and emergency humanitarian efforts; the purchase and lease
of up to 7,500 (6,500 for replacement only) police-type vehicles; the
purchase, maintenance, or operation of marine vessels, aircraft, and
unmanned aerial systems; and contracting with individuals for personal
services abroad; $17,727,974,000; of which $3,274,000 shall be derived
from the Harbor Maintenance Trust Fund for administrative expenses
related to the collection of the Harbor Maintenance Fee pursuant to
section 9505(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C.
9505(c)(3)) and notwithstanding section 1511(e)(1) of the Homeland
Security Act of 2002 (6 U.S.C. 551(e)(1)); of which $550,000,000 shall
be available until September 30, 2027; and of which such sums as become
available in the Customs User Fee Account, except sums subject to
section 13031(f)(3) of the Consolidated Omnibus Budget Reconciliation
Act of 1985 (19 U.S.C. 58c(f)(3)), shall be derived from that account:
Provided, That not to exceed $34,425 shall be for official reception
and representation expenses: Provided further, That not to exceed
$150,000 shall be available for payment for rental space in connection
with preclearance operations: Provided further, That not to exceed
$2,000,000 shall be for awards of compensation to informants, to be
accounted for solely under the certificate of the Secretary of Homeland
Security: Provided further, That not to exceed $2,500,000 may be
transferred to the Bureau of Indian Affairs for the maintenance and
repair of roads on Native American reservations used by the U.S. Border
Patrol.
procurement, construction, and improvements
For necessary expenses of U.S. Customs and Border Protection for
procurement, construction, and improvements, including procurement of
marine vessels, aircraft, and unmanned aerial systems, $222,886,000,
which shall be for the purposes and in the amounts specified in the
``Final Bill'' column for U.S. Customs and Border Protection,
Procurement, Construction, and Improvements, in the ``Department of
Homeland Security Appropriations Act, 2026'' table in the explanatory
statement described in section 4 (in the matter preceding division A of
this consolidated Act), of which--
(1) amounts made available for Border Security Assets and
Infrastructure, Trade and Travel Assets and Infrastructure,
Integrated Operations Assets and Infrastructure, Mission
Support Assets and Infrastructure, and Radiological Detection
Systems shall remain available until September 30, 2028; and
(2) amounts made available for Construction and Facility
Improvements shall remain available until September 30, 2030.
U.S. Immigration and Customs Enforcement
operations and support
For necessary expenses of U.S. Immigration and Customs Enforcement
for operations and support, including the purchase and lease of up to
3,790 (2,350 for replacement only) police-type vehicles; overseas
vetted units; and maintenance, minor construction, and minor leasehold
improvements at owned and leased facilities; $10,036,362,000, which
shall be for the purposes and in the amounts specified in the ``Final
Bill'' column for U.S. Immigration and Customs Enforcement, Operations
and Support, in the ``Department of Homeland Security Appropriations
Act, 2026'' table in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated Act), of
which--
(1) of the amounts made available for Homeland Security
Investigations--
(A) not less than $6,000,000 shall remain available
until expended for efforts to enforce laws against
forced child labor;
(B) $46,696,000 shall remain available until
September 30, 2027;
(C) not less than $3,000,000 is for paid
apprenticeships for participants in the Human
Exploitation Rescue Operative Child-Rescue Corps;
(D) not less than $15,000,000 shall be available
for investigation of intellectual property rights
violations, including operation of the National
Intellectual Property Rights Coordination Center;
(E) $15,000,000 shall be available until expended
for conducting special operations under section 3131 of
the Customs Enforcement Act of 1986 (19 U.S.C. 2801);
and
(F) not to exceed $4,000,000 shall be for awards of
compensation to informants, to be accounted for solely
under the certificate of the Secretary of Homeland
Security;
(2) of the amounts made available for Enforcement and
Removal Operations, not to exceed $11,216,000 shall be
available to fund or reimburse other Federal agencies for the
costs associated with the care, maintenance, and repatriation
of smuggled aliens unlawfully present in the United States; and
(3) of the amounts made available under this heading,
$11,475 shall be for official reception and representation
expenses.
procurement, construction, and improvements
For necessary expenses of U.S. Immigration and Customs Enforcement
for procurement, construction, and improvements, $5,000,000, to remain
available until September 30, 2028.
Transportation Security Administration
operations and support
For necessary expenses of the Transportation Security
Administration for operations and support, $10,635,434,000, of which
$300,000,000 shall remain available until September 30, 2027:
Provided, That not to exceed $7,650 shall be for official reception and
representation expenses: Provided further, That security service fees
authorized under section 44940 of title 49, United States Code, shall
be credited to this appropriation as offsetting collections and shall
be available only for aviation security: Provided further, That the
sum appropriated under this heading from the general fund shall be
reduced on a dollar-for-dollar basis as such offsetting collections are
received during fiscal year 2026 so as to result in a final fiscal year
appropriation from the general fund estimated at not more than
$7,605,434,000.
procurement, construction, and improvements
For necessary expenses of the Transportation Security
Administration for procurement, construction, and improvements,
$330,230,000, to remain available until September 30, 2028.
research and development
For necessary expenses of the Transportation Security
Administration for research and development, $24,000,000, to remain
available until September 30, 2027.
Coast Guard
operations and support
For necessary expenses of the Coast Guard for operations and
support including the Coast Guard Reserve; purchase or lease of not to
exceed 30 passenger motor vehicles, which shall be for replacement
only; purchase or lease of small boats for contingent and emergent
requirements (at a unit cost of not more than $700,000) and repairs and
service-life replacements, not to exceed a total of $31,000,000;
purchase, lease, or improvements of boats necessary for overseas
deployments and activities; payments pursuant to section 156 of Public
Law 97-377 (42 U.S.C. 402 note; 96 Stat. 1920); and recreation and
welfare; $11,272,401,000, of which $530,000,000 shall be for defense-
related activities; of which $24,500,000 shall be derived from the Oil
Spill Liability Trust Fund to carry out the purposes of section
1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(5)); of
which $20,000,000 shall remain available until September 30, 2028; of
which $25,335,000 shall remain available until September 30, 2030, for
environmental compliance and restoration; and of which $400,000,000
shall remain available until September 30, 2027, which shall only be
available for depot level maintenance: Provided, That not to exceed
$23,000 shall be for official reception and representation expenses.
procurement, construction, and improvements
For necessary expenses of the Coast Guard for procurement,
construction, and improvements, including aids to navigation, shore
facilities (including facilities at Department of Defense installations
used by the Coast Guard), and vessels and aircraft, including equipment
related thereto, $991,872,000, to remain available until September 30,
2030; of which $20,000,000 shall be derived from the Oil Spill
Liability Trust Fund to carry out the purposes of section 1012(a)(5) of
the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(5)).
research and development
For necessary expenses of the Coast Guard for research and
development; and for maintenance, rehabilitation, lease, and operation
of facilities and equipment; $6,763,000, to remain available until
September 30, 2028, of which $500,000 shall be derived from the Oil
Spill Liability Trust Fund to carry out the purposes of section
1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(5)):
Provided, That there may be credited to and used for the purposes of
this appropriation funds received from State and local governments,
other public authorities, private sources, and foreign countries for
expenses incurred for research, development, testing, and evaluation.
retired pay
For retired pay, including the payment of obligations otherwise
chargeable to lapsed appropriations for this purpose, payments under
the Retired Serviceman's Family Protection and Survivor Benefits Plans,
payment for career status bonuses, payment of continuation pay under
section 356 of title 37, United States Code, concurrent receipts,
combat-related special compensation, and payments for medical care of
retired personnel and their dependents under chapter 55 of title 10,
United States Code, $1,249,000,000, to remain available until expended.
United States Secret Service
operations and support
For necessary expenses of the United States Secret Service for
operations and support, including purchase of not to exceed 652
vehicles for police-type use; hire of passenger motor vehicles;
purchase of motorcycles made in the United States; hire of aircraft;
rental of buildings in the District of Columbia; fencing, lighting,
guard booths, and other facilities on private or other property not in
Government ownership or control, as may be necessary to perform
protective functions; conduct of and participation in firearms matches;
presentation of awards; conduct of behavioral research in support of
protective intelligence and operations; payment in advance for
commercial accommodations as may be necessary to perform protective
functions; and payment, without regard to section 5702 of title 5,
United States Code, of subsistence expenses of employees who are on
protective missions, whether at or away from their duty stations;
$3,128,304,000, of which $96,299,000 shall remain available until
September 30, 2027, and of which $20,000,000 shall remain available
until September 30, 2028; and of which $6,000,000 shall be for a grant
for activities related to investigations of missing and exploited
children; and of which up to $33,000,000 may be for calendar year 2025
premium pay in excess of the annual equivalent of the limitation on the
rate of pay contained in section 5547(a) of title 5, United States
Code, pursuant to section 2 of the Overtime Pay for Protective Services
Act of 2016 (5 U.S.C. 5547 note), as last amended by Public Law 118-38:
Provided, That not to exceed $19,125 shall be for official reception
and representation expenses: Provided further, That not to exceed
$100,000 shall be to provide technical assistance and equipment to
foreign law enforcement organizations in criminal investigations within
the jurisdiction of the United States Secret Service.
procurement, construction, and improvements
For necessary expenses of the United States Secret Service for
procurement, construction, and improvements, $118,517,000, of which
$96,167,000 shall remain available until September 30, 2028, and of
which $22,350,000 shall remain available until September 30, 2030.
research and development
For necessary expenses of the United States Secret Service for
research and development, $3,250,000, to remain available until
September 30, 2027.
Administrative Provisions
Sec. 201. Section 201 of the Department of Homeland Security
Appropriations Act, 2018 (division F of Public Law 115-141), related to
overtime compensation limitations, shall apply with respect to funds
made available in this Act in the same manner as such section applied
to funds made available in that Act, except that ``fiscal year 2026''
shall be substituted for ``fiscal year 2018''.
Sec. 202. Funding made available under the headings ``U.S. Customs
and Border Protection--Operations and Support'' and ``U.S. Customs and
Border Protection--Procurement, Construction, and Improvements'' shall
be available for customs expenses when necessary to maintain operations
and prevent adverse personnel actions in Puerto Rico and the U.S.
Virgin Islands, in addition to funding provided by sections 740 and
1406i of title 48, United States Code.
Sec. 203. As authorized by section 601(b) of the United States-
Colombia Trade Promotion Agreement Implementation Act (Public Law 112-
42), fees collected from passengers arriving from Canada, Mexico, or an
adjacent island pursuant to section 13031(a)(5) of the Consolidated
Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(a)(5)) shall
be available until expended.
Sec. 204. (a) For an additional amount for ``U.S. Customs and
Border Protection--Operations and Support'', $31,000,000, to remain
available until expended, to be reduced by amounts collected and
credited to this appropriation in fiscal year 2026 from amounts
authorized to be collected by section 286(i) of the Immigration and
Nationality Act (8 U.S.C. 1356(i)), section 10412 of the Farm Security
and Rural Investment Act of 2002 (7 U.S.C. 8311), and section 817 of
the Trade Facilitation and Trade Enforcement Act of 2015 (Public Law
114-125), or other such authorizing language.
b
To the extent that amounts realized from such collections
exceed $31,000,000, those amounts in excess of $31,000,000 shall be
credited to this appropriation, to remain available until expended.
Sec. 205. None of the funds made available in this Act for U.S.
Customs and Border Protection may be used to prevent an individual not
in the business of importing a prescription drug (within the meaning of
section 801(g) of the Federal Food, Drug, and Cosmetic Act) from
importing a prescription drug from Canada that complies with the
Federal Food, Drug, and Cosmetic Act: Provided, That this section
shall apply only to individuals transporting on their person a
personal-use quantity of the prescription drug, not to exceed a 90-day
supply: Provided further, That the prescription drug may not be--
(1) a controlled substance, as defined in section 102 of
the Controlled Substances Act (21 U.S.C. 802); or
(2) a biological product, as defined in section 351 of the
Public Health Service Act (42 U.S.C. 262).
Sec. 206. (a) Notwithstanding any other provision of law, none of
the funds provided in this or any other Act shall be used to approve a
waiver of the navigation and vessel-inspection laws pursuant to section
501(b) of title 46, United States Code, for the transportation of crude
oil distributed from and to the Strategic Petroleum Reserve until the
Secretary of Homeland Security, after consultation with the Secretaries
of the Departments of Energy and Transportation and representatives
from the United States flag maritime industry, takes adequate measures
to ensure the use of United States flag vessels.
b
The Secretary shall notify the Committees on Appropriations of
the House of Representatives and the Senate, the Committee on
Transportation and Infrastructure of the House of Representatives, and
the Committee on Commerce, Science, and Transportation of the Senate
within two business days of any request for waivers of navigation and
vessel-inspection laws pursuant to section 501(b) of title 46, United
States Code, with respect to such transportation, and the disposition
of such requests.
Sec. 207. (a) Beginning on the date of enactment of this Act, the
Secretary of Homeland Security shall not--
(1) establish, collect, or otherwise impose any new border
crossing fee on individuals crossing the Southern border or the
Northern border at a land port of entry; or
(2) conduct any study relating to the imposition of a
border crossing fee.
b
In this section, the term ``border crossing fee'' means a fee
that every pedestrian, cyclist, and driver and passenger of a private
motor vehicle is required to pay for the privilege of crossing the
Southern border or the Northern border at a land port of entry.
Sec. 208. (a) Not later than 90 days after the date of enactment of
this Act, the Commissioner of U.S. Customs and Border Protection shall
submit an expenditure plan for any amounts made available for ``U.S.
Customs and Border Protection--Procurement, Construction, and
Improvements'' in this Act and prior Acts to the Committees on
Appropriations of the House of Representatives and the Senate.
b
No such amounts provided in this Act may be obligated prior to
the submission of such plan.
Sec. 209. (a) Funds made available in this Act may be used to alter
operations within the National Targeting Center of U.S. Customs and
Border Protection.
b
None of the funds provided by this Act, provided by previous
appropriations Acts that remain available for obligation or expenditure
in fiscal year 2026, or provided from any accounts in the Treasury of
the United States derived by the collection of fees available to the
components funded by this Act, may be used to reduce anticipated or
planned vetting operations at existing locations unless specifically
authorized by a statute enacted after the date of enactment of this
Act.
Sec. 210. None of the funds made available for Border Security
Assets and Infrastructure under the heading ``U.S. Customs and Border
Protection--Procurement, Construction, and Improvements'' in this Act
or prior appropriations Acts shall be used for the procurement or
deployment of surveillance systems that are not autonomous, as such
term is defined in section 90004 of Public Law 119-21.
Sec. 211. The Secretary shall ensure that the November 30, 2021,
policy statement from U.S. Customs and Border Protection titled
``Policy Statement and Required Actions Regarding Pregnant, Postpartum,
Nursing Individuals, and Infants in Custody,'' or substantively similar
standards of treatment developed in consultation with maternal and
pediatric health providers and experts, are in effect and are fully
implemented to safeguard the health, safety, and rights of pregnant
women in U.S. Customs and Border Protection custody.
Sec. 212. None of the funds provided under the heading ``U.S.
Immigration and Customs Enforcement--Operations and Support'' may be
used to continue a delegation of law enforcement authority authorized
under section 287(g) of the Immigration and Nationality Act (8 U.S.C.
1357(g)) if the Department of Homeland Security Inspector General
determines that the terms of the agreement governing the delegation of
authority have been materially violated.
Sec. 213. (a) None of the funds provided under the heading ``U.S.
Immigration and Customs Enforcement--Operations and Support'' may be
used to continue any contract for the provision of detention services
if the two most recent overall performance evaluations received by the
contracted facility are less than ``adequate'' or the equivalent median
score in any subsequent performance evaluation system.
b
The performance evaluations referenced in subsection (a) shall
be conducted by the U.S. Immigration and Customs Enforcement Office of
Professional Responsibility.
Sec. 214. Without regard to the limitation as to time and
condition of section 503(d) of this Act, the Secretary may reprogram
within and transfer funds to ``U.S. Immigration and Customs
Enforcement--Operations and Support'' as necessary to ensure the
detention of aliens prioritized for removal.
Sec. 215. The reports required to be submitted under section 216
of the Department of Homeland Security Appropriations Act, 2021
(division F of Public Law 116-260) shall continue to be submitted
semimonthly and each matter required to be included in such reports by
such section 216 shall apply in the same manner and to the same extent
during the period described in such section 216.
Sec. 216. The terms and conditions of sections 216 and 217 of the
Department of Homeland Security Appropriations Act, 2020 (division D of
Public Law 116-93) shall apply to this Act.
Sec. 217. (a) Not later than 30 days after the date of enactment of
this Act, the Director of U.S. Immigration and Customs Enforcement
shall provide a briefing and submit an initial, written obligation plan
for funding provided under the heading ``U.S. Immigration and Customs
Enforcement'' in this or any other Act, including prior Acts, to the
Committees on Appropriations of the House of Representatives and the
Senate, which shall--
(1) be delineated by month, level II program, project, and
activity, and pay and non-pay requirements;
(2) incorporate and delineate all funding sources available
to U.S. Immigration and Customs Enforcement, to include
unobligated carryover balances and fees; and
(3) contain data-driven assumptions for major contract
costs, projected personnel levels, and operational and policy
considerations.
b
The Director of U.S. Immigration and Customs Enforcement shall
provide monthly briefings and written updates to the plan required in
subsection (a), which shall include, at a minimum, the following
information as of the conclusion of the preceding month--
(1) actual obligations and expenditures, including prior
year;
(2) carryover from prior year unobligated balances;
(3) resource projections for the remainder of the fiscal
year;
(4) payroll projections for the remainder of the fiscal
year, based on forecasted gains and losses;
(5) identification of any contracts with a period of
performance extending beyond the current fiscal year;
(6) obligations and expenditures for specific domestic and
international investigative mission areas, including countering
fentanyl and child exploitation;
(7) the rate of operations for the Custody Operations,
Alternatives to Detention, and Transportation and Removal
Operations programs, projects, and activities, which shall
include a projection of the exhaustion of funds based on
current resources and operational levels; and
(8) the initial obligation plan as described in subsection
a
, displayed unchanged for the purposes of comparison.
c
The monthly updates required by subsection (b) shall be
submitted no later than 15 days after the beginning of the month
following the submission of the initial obligation plan as described in
subsection (a).
d
(1) For an additional amount for ``U.S. Immigration and Customs
Enforcement--Operations and Support--Executive Leadership and
Oversight'', $100,000, which shall be made available for Mission
Support--Executive Leadership and Oversight on the sixteenth day of
each month, in a total amount for the fiscal year not to exceed
$700,000.
(2) Beginning 30 days after the date of enactment of this Act,
amounts in paragraph (1) shall only be made available for obligation in
a given month if the reporting requirements set forth in subsections
a
and (b) of this section are provided to the Committees on
Appropriations of the House of Representatives and the Senate within
the timeframe required pursuant to subsections (a) and (c),
respectively.
Sec. 218. (a) Not later than 90 days after the date of enactment of
this Act, the Director of U.S. Immigration and Customs Enforcement
shall submit to the Committees on Appropriations of the House of
Representatives and the Senate a written execution plan for the funding
provided by Public Law 119-21 for detention facilities, to include the
following elements:
(1) the location, number of beds, and estimated cost per
bed of each detention facility utilized by or on behalf of U.S.
Immigration and Customs Enforcement in the preceding quarter;
(2) the location, number of beds, and estimated cost per
bed of each detention facility projected to be utilized by or
on behalf of U.S. Immigration and Customs Enforcement in the
subsequent quarter;
(3) the total number of beds projected to be utilized by or
on behalf of U.S. Immigration and Customs Enforcement through
the end of the fiscal year;
(4) any associated increase or decrease in transportation
and removal operations cost estimates associated with
paragraphs (1), (2), and (3) of this section, to include
removal flights; and
(5) a general overview of the desired geographic end-state
for detention facilities, any new operational models or
strategies related to detention capacity that will be utilized,
and a comparison of current detention capacity against
projected end-state capacity.
b
(1) Subsequent to the submission of the written execution plan
provided in subsection (a), the Director of U.S. Immigration and
Customs Enforcement shall provide to the Committees on Appropriations
of the House of Representatives and the Senate a briefing and written
update to such execution plan not later than 30 days following the end
of each fiscal quarter; and
(2) each briefing and written update described in paragraph
(1) shall include a review of the execution of funds for the
most recently completed quarter, a comparison of the actual
execution of funds in relation to the planned execution of
funds, and any remedial actions taken in the case of a failure
to execute funding in accordance with the initial execution
plan as described in subsection (a); and
c
The initial execution plan described in subsection (a) shall be
displayed unchanged for purposes of comparison in the briefings and
written updates described in subsection (b).
Sec. 219. (a) None of the funds made available by this Act or any
other Act may be used to reduce the presence of U.S. Immigration and
Customs Enforcement attaches or liaisons at international U.S.
embassies or consulates for the purposes of international
investigations or partnerships with foreign law enforcement.
b
Subsection (a) shall not apply to a reduction of presence in a
specific country if--
(1) the Secretary of Homeland Security, in collaboration
with the Secretary of State, provides a written explanation of
how maintaining a collaborative investigatory presence in a
specific country undermines U.S. foreign policy interests in
that country to the Committees on Appropriations of the House
of Representatives and the Senate; or
(2) a country requests the cessation of collaborative law
enforcement activities performed by the attache or liaison
stationed at the embassy or consulate to their country.
Sec. 220. (a) Members of the United States House of Representatives
and the United States Senate, including the leadership; the heads of
Federal agencies and commissions, including the Secretary, Deputy
Secretary, Under Secretaries, and Assistant Secretaries of the
Department of Homeland Security; the United States Attorney General,
Deputy Attorney General, Assistant Attorneys General, and the United
States Attorneys; and senior members of the Executive Office of the
President, including the Director of the Office of Management and
Budget, shall not be exempt from Federal passenger and baggage
screening.
b
None of the funds made available in this or any other Act,
including prior Acts, or provided from any accounts in the Treasury of
the United States derived by the collection of fees available to the
components funded by this Act may be used to carry out legislation
altering the applicability of the screening requirements outlined in
subsection (a).
Sec. 221. Notwithstanding section 44923 of title 49, United States
Code, for fiscal year 2026, any funds in the Aviation Security Capital
Fund established by section 44923(h) of title 49, United States Code,
may be used for the procurement and installation of explosives
detection systems or for the issuance of other transaction agreements
for the purpose of funding projects described in section 44923(a) of
such title.
Sec. 222. Not later than 45 days after the submission of the
President's budget proposal, the Administrator of the Transportation
Security Administration shall submit to the Committees on
Appropriations and Homeland Security of the House of Representatives
and the Committees on Appropriations and Commerce, Science, and
Transportation of the Senate a single report that fulfills the
following requirements:
(1) a Capital Investment Plan, both constrained and
unconstrained, that includes a plan for continuous and
sustained capital investment in new, and the replacement of
aged, transportation security equipment;
(2) the 5-year technology investment plan as required by
section 1611 of title XVI of the Homeland Security Act of 2002,
as amended by section 3 of the Transportation Security
Acquisition Reform Act (Public Law 113-245); and
(3) the Advanced Integrated Passenger Screening
Technologies report as required by the Senate Report
accompanying the Department of Homeland Security Appropriations
Act, 2019 (Senate Report 115-283).
Sec. 223. Section 515(b) of Public Law 108-334 (49 U.S.C. 44945
note) is amended by striking ``report'' each place it appears
(including in the subsection heading) and inserting ``briefing'' and by
striking ``transmit to'' and inserting ``provide''.
Sec. 224. (a) None of the funds made available by this Act under
the heading ``Coast Guard--Operations and Support'' shall be for
expenses incurred for recreational vessels under section 12114 of title
46, United States Code, except to the extent fees are collected from
owners of yachts and credited to the appropriation made available by
this Act under the heading ``Coast Guard--Operations and Support''.
b
To the extent such fees are insufficient to pay expenses of
recreational vessel documentation under such section 12114, and there
is a backlog of recreational vessel applications, personnel performing
non-recreational vessel documentation functions under subchapter II of
chapter 121 of title 46, United States Code, may perform documentation
under section 12114.
Sec. 225. Notwithstanding any other provision of law, the
Commandant of the Coast Guard shall submit to the Committees on
Appropriations of the House of Representatives and the Senate a future-
years capital investment plan as described in the second proviso under
the heading ``Coast Guard--Acquisition, Construction, and
Improvements'' in the Department of Homeland Security Appropriations
Act, 2015 (Public Law 114-4), which shall be subject to the
requirements in the third and fourth provisos under such heading.
Sec. 226. None of the funds in this Act shall be used to reduce
the Coast Guard's legacy Operations Systems Center mission or its
government-employed or contract staff levels.
Sec. 227. None of the funds appropriated by this Act may be used
to conduct, or to implement the results of, a competition under Office
of Management and Budget Circular A-76 for activities performed with
respect to the Coast Guard National Vessel Documentation Center.
Sec. 228. Funds made available in this Act may be used to alter
operations within the Civil Engineering Program of the Coast Guard
nationwide, including civil engineering units, facilities design and
construction centers, maintenance and logistics commands, and the Coast
Guard Academy, except that none of the funds provided in this Act may
be used to reduce operations within any civil engineering unit unless
specifically authorized by a statute enacted after the date of
enactment of this Act.
Sec. 229. Amounts deposited into the Coast Guard Housing Fund in
fiscal year 2026 shall be available until expended to carry out the
purposes of section 2946 of title 14, United States Code, and shall be
in addition to funds otherwise available for such purposes.
Sec. 230. (a) For an additional amount for ``Coast Guard--
Procurement, Construction, and Improvements'', $98,000,000, to remain
available until September 30, 2030, for the procurement and acquisition
of MQ-9 aircraft and associated base stations, equipment related to
such aircraft and associated base stations, and program management for
such aircraft and base stations.
b
None of the funds made available for the Department of Homeland
Security in this or any prior Act may be used to procure or acquire
long-range unmanned aircraft with kinetic capabilities or to equip any
long-range unmanned aircraft with kinetic capabilities.
Sec. 231. None of the funds made available to the United States
Coast Guard by this Act may be available for implementation of Force
Design 2028 until the Coast Guard provides the Committees on
Appropriations of the House of Representatives and the Senate detailed
briefings on the initiatives of organization, people, technology, and
contracting and acquisitions.
Sec. 232. The United States Secret Service is authorized to
obligate funds in anticipation of reimbursements from executive
agencies, as defined in section 105 of title 5, United States Code, for
personnel receiving training sponsored by the James J. Rowley Training
Center, except that total obligations at the end of the fiscal year
shall not exceed total budgetary resources available under the heading
``United States Secret Service--Operations and Support'' at the end of
the fiscal year.
Sec. 233. (a) None of the funds made available to the United States
Secret Service by this Act or by previous appropriations Acts may be
made available for the protection of the head of a Federal agency other
than the Secretary of Homeland Security.
b
The Director of the United States Secret Service may enter into
agreements to provide such protection on a fully reimbursable basis.
Sec. 234. For purposes of section 503(a)(3) of this Act, up to
$15,000,000 may be reprogrammed within ``United States Secret Service--
Operations and Support''.
Sec. 235. Funding made available in this Act for ``United States
Secret Service--Operations and Support'' is available for travel of
United States Secret Service employees on protective missions without
regard to the limitations on such expenditures in this or any other Act
if the Director of the United States Secret Service or a designee
notifies the Committees on Appropriations of the House of
Representatives and the Senate 10 or more days in advance, or as early
as practicable, prior to such expenditures.
Sec. 236. Of the amounts made available by this Act under the
heading ``United States Secret Service--Operations and Support'',
$2,000,000, to remain available until expended, shall be distributed as
a grant or cooperative agreement for existing National Computer
Forensics Institute facilities currently used by the United States
Secret Service to carry out activities under section 383 of title 6,
United States Code.
Sec. 237. (a) Section 118 of the Treasury and General Government
Appropriations Act, 2001 (5 U.S.C. 5547 note) is amended, in the first
sentence, by inserting ``(or, for 2024, to the extent that such
aggregate amount would exceed the per annum rate of salary payable
under section 104 of title 3, United States Code)'' before the period
at the end.
b
Subsection (a) shall take effect as if enacted on December 31,
2023.
c
Not later than 180 days after the date of enactment of this
Act, and annually thereafter through 2028, the Director shall submit to
the Committee on Appropriations of the House of Representatives and the
Senate; the Committee on Homeland Security, the Committee on Oversight
and Accountability, and the Committee on the Judiciary of the House of
Representatives; and the Committee on Homeland Security and
Governmental Affairs, and the Committee on the Judiciary of the Senate
of Congress a report describing the steps that the United States Secret
Service is taking to address the increased protective service demands
placed upon United States Secret Service personnel.
d
Each report required under subparagraph (c) shall include the
following:
(1) An analysis of the current (as of the date on which the
report is submitted) operational demands and staffing levels
with respect to the United States Secret Service.
(2) Recommended strategies for reducing overtime
requirements for United States Secret Service personnel,
including--
i
the appointment of additional
personnel;
(ii) solutions such that sufficient
resources are available throughout each year
without the need for exceptions to, or waivers
of, premium pay limitations;
(iii) the redistribution of workload among
United States Secret Service personnel; and
(iv) other improvements in operational
efficiency with respect to the United States
Secret Service.
e
Within the reports required under paragraphs (3) and (4) of
section 2(c) of the Overtime Pay for Protective Services Act of 2023
(Public Law 118-38; 138 Stat. 13) that are submitted after the date of
enactment of this Act, the Director shall include information about--
(1) the average number of overtime hours and range of
number of overtime hours completed by United States Secret
Service personnel receiving premium pay above the pay
limitation in subsection (a) of section 5547 of title 5, United
States Code; and
(2) the average number of overtime hours and range of
number of overtime hours completed by United States Secret
Service personnel who are not fully compensated for their
overtime because their premium pay would be above the pay
limitation in section 2 of the Overtime Pay Protection Act of
2016 (5 U.S.C. 5547 note).
f
The matter preceding the first proviso under the heading
``United States Secret Service--Operations and Support'' in division C
of Public Law 118-47 shall be applied to funds appropriated by this Act
by substituting ``$40,000,000'' for ``$24,000,000'' and substituting
``2024'' for ``2023''.
Sec. 238. Section 211 of the Department of Homeland Security
Appropriations Act, 2021 (division F of Public Law 116-260),
prohibiting the use of funds for the construction of fencing in certain
areas, shall apply with respect to funds made available in this Act in
the same manner as such section applied to funds made available in that
Act.
TITLE III
PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY
Cybersecurity and Infrastructure Security Agency
operations and support
For necessary expenses of the Cybersecurity and Infrastructure
Security Agency for operations and support, $2,218,634,000, which shall
be for the purposes and in the amounts specified in the ``Final Bill''
column for Cybersecurity and Infrastructure Security Agency, Operations
and Support in the ``Department of Homeland Security Appropriations
Act, 2026'' table in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated Act), of which
amounts made available for Risk Management Operations, National
Infrastructure Simulation Analysis Center shall remain available until
September 30, 2027: Provided, That not to exceed $3,825 shall be for
official reception and representation expenses.
procurement, construction, and improvements
For necessary expenses of the Cybersecurity and Infrastructure
Security Agency for procurement, construction, and improvements,
$386,464,000, to remain available until September 30, 2028.
Federal Emergency Management Agency
operations and support
For necessary expenses of the Federal Emergency Management Agency
for operations and support, $1,667,038,000: Provided, That not less
than $3,000,000 shall be for the Emergency Management Assistance
Compact: Provided further, That not to exceed $2,250 shall be for
official reception and representation expenses.
procurement, construction, and improvements
For necessary expenses of the Federal Emergency Management Agency
for procurement, construction, and improvements, $156,419,000, of which
$92,794,000 shall remain available until September 30, 2028, and of
which $63,625,000 shall remain available until September 30, 2030.
federal assistance
For activities of the Federal Emergency Management Agency for
Federal assistance through grants, contracts, cooperative agreements,
and other activities, $3,836,748,513, which shall be allocated as
follows:
(1) $494,000,000 for the State Homeland Security Grant
Program under section 2004 of the Homeland Security Act of 2002
(6 U.S.C. 605), of which $85,500,000 shall be for Operation
Stonegarden and $14,250,000 shall be for Tribal Homeland
Security Grants under section 2005 of the Homeland Security Act
of 2002 (6 U.S.C. 606): Provided, That notwithstanding
subsection (c)(4) of such section 2004, for fiscal year 2026,
the Commonwealth of Puerto Rico shall make available to local
and tribal governments amounts provided to the Commonwealth of
Puerto Rico under this paragraph in accordance with subsection
c
(1) of such section 2004.
(2) $584,250,000 for the Urban Area Security Initiative
under section 2003 of the Homeland Security Act of 2002 (6
U.S.C. 604).
(3) $300,000,000 for the Nonprofit Security Grant Program
under section 2009 of the Homeland Security Act of 2002 (6
U.S.C. 609a), of which $150,000,000 is for eligible recipients
located in high-risk urban areas that receive funding under
section 2003 of such Act and $150,000,000 is for eligible
recipients that are located outside such areas: Provided, That
eligible recipients are those described in section 2009(b) of
such Act (6 U.S.C. 609a(b)) or are an otherwise eligible
recipient at risk of a terrorist or other extremist attack.
(4) $99,750,000 for Public Transportation Security
Assistance, Railroad Security Assistance, and Over-the-Road Bus
Security Assistance under sections 1406, 1513, and 1532 of the
Implementing Recommendations of the 9/11 Commission Act of 2007
(6 U.S.C. 1135, 1163, and 1182), of which $9,500,000 shall be
for Amtrak security and $1,900,000 shall be for Over-the-Road
Bus Security: Provided, That such public transportation
security assistance shall be provided directly to public
transportation agencies.
(5) $95,000,000 for Port Security Grants in accordance with
section 70107 of title 46, United States Code.
(6) $684,000,000, to remain available until September 30,
2027, of which $342,000,000 shall be for Assistance to
Firefighter Grants and $342,000,000 shall be for Staffing for
Adequate Fire and Emergency Response Grants under sections 33
and 34 respectively of the Federal Fire Prevention and Control
Act of 1974 (15 U.S.C. 2229 and 2229a).
(7) $337,250,000 for emergency management performance
grants under the National Flood Insurance Act of 1968 (42
U.S.C. 4001 et seq.), the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5121), the Earthquake
Hazards Reduction Act of 1977 (42 U.S.C. 7701), section 762 of
title 6, United States Code, and Reorganization Plan No. 3 of
1978 (5 U.S.C. App.).
(8) $297,113,000 for necessary expenses for Flood Hazard
Mapping and Risk Analysis, in addition to and to supplement any
other sums appropriated under the National Flood Insurance
Fund, and such additional sums as may be provided by States or
other political subdivisions for cost-shared mapping activities
under section 1360(f)(2) of the National Flood Insurance Act of
1968 (42 U.S.C. 4101(f)(2)), to remain available until
expended.
(9) $11,400,000 for Regional Catastrophic Preparedness
Grants.
(10) $11,400,000 for Rehabilitation of High Hazard
Potential Dams under section 8A of the National Dam Safety
Program Act (33 U.S.C. 467f-2).
(11) $123,500,000 for the emergency food and shelter
program under title III of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11331), to remain available until
September 30, 2027: Provided, That not to exceed 3.5 percent
shall be for total administrative costs.
(12) $48,000,000 for the Next Generation Warning System.
(13) $272,671,513 for Community Project Funding and
Congressionally Directed Spending grants, which shall be for
the purposes, and the amounts, specified in the table entitled
``Homeland Security--Community Project Funding/Congressionally
Directed Spending'' under the ``Disclosure of Earmarks and
Congressionally Directed Spending Items'' heading in the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act), of which--
(A) $82,957,854, in addition to amounts otherwise
made available for such purpose, is for emergency
operations center grants under section 614 of the
Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5196c); and
(B) $189,713,659, in addition to amounts otherwise
made available for such purpose, is for pre-disaster
mitigation grants under section 203 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5133(e)), notwithstanding subsections (f),
g
, and (l) of that section (42 U.S.C. 5133(f), (g),
l
).
(14) $478,414,000 to sustain current operations for
training, exercises, technical assistance, and other programs,
of which--
(A) $85,711,000 is for the Center for Domestic
Preparedness;
(B) $17,100,000 is for the Center for Homeland
Defense and Security;
(C) $33,366,000 is for the Emergency Management
Institute;
(D) $72,140,000 is for the United States Fire
Administration;
(E) $95,950,000 is for the National Domestic
Preparedness Consortium;
(F) $15,200,000 is for Continuing Training Grants;
(G) $21,266,000 is for the National Exercise
Program;
(H) $83,657,000 is for the Biological Support
Program;
(I) $34,465,000 is for the Securing the Cities
Program; and
(J) $19,559,000 is for Countering Weapons of Mass
Destruction Training, Exercises, and Readiness.
disaster relief fund
For necessary expenses in carrying out the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.),
$26,367,000,000, to remain available until expended: Provided, That
such amount shall be for major disasters declared pursuant to the
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.) and is designated by the Congress as being for
disaster relief pursuant to a concurrent resolution on the budget.
national flood insurance fund
For activities under the National Flood Insurance Act of 1968 (42
U.S.C. 4001 et seq.), the Flood Disaster Protection Act of 1973 (42
U.S.C. 4001 et seq.), the Biggert-Waters Flood Insurance Reform Act of
2012 (Public Law 112-141, 126 Stat. 916), and the Homeowner Flood
Insurance Affordability Act of 2014 (Public Law 113-89; 128 Stat.
1020), $226,000,000, to remain available until September 30, 2027,
which shall be derived from offsetting amounts collected under section
1308(d) of the National Flood Insurance Act of 1968 (42 U.S.C.
4015(d)); of which $16,302,000 shall be available for mission support
associated with flood management; and of which $209,698,000 shall be
available for flood plain management and flood mapping: Provided, That
any additional fees collected pursuant to section 1308(d) of the
National Flood Insurance Act of 1968 (42 U.S.C. 4015(d)) shall be
credited as offsetting collections to this account, to be available for
flood plain management and flood mapping: Provided further, That in
fiscal year 2026, no funds shall be available from the National Flood
Insurance Fund under section 1310 of the National Flood Insurance Act
of 1968 (42 U.S.C. 4017) in excess of--
(1) $230,669,000 for operating expenses and salaries and
expenses associated with flood insurance operations;
(2) $1,505,000,000 for commissions and taxes of agents;
(3) such sums as are necessary for interest on Treasury
borrowings; and
(4) $175,000,000, which shall remain available until
expended, for flood mitigation actions and for flood mitigation
assistance under section 1366 of the National Flood Insurance
Act of 1968 (42 U.S.C. 4104c), notwithstanding sections 1366(e)
and 1310(a)(7) of such Act (42 U.S.C. 4104c(e), 4017):
Provided further, That the amounts collected under section 102 of the
Flood Disaster Protection Act of 1973 (42 U.S.C. 4012a) and section
1366(e) of the National Flood Insurance Act of 1968 (42 U.S.C.
4104c(e)), shall be deposited in the National Flood Insurance Fund to
supplement other amounts specified as available for section 1366 of the
National Flood Insurance Act of 1968, notwithstanding section
102(f)(8), section 1366(e) of the National Flood Insurance Act of 1968,
and paragraphs (1) through (3) of section 1367(b) of such Act (42
U.S.C. 4012a(f)(8), 4104c(e), 4104d(b)(1)-(3)): Provided further, That
total administrative costs shall not exceed 4 percent of the total
appropriation: Provided further, That up to $4,000,000 is available to
carry out section 24 of the Homeowner Flood Insurance Affordability Act
of 2014 (42 U.S.C. 4033).
Administrative Provisions
(including transfers of funds)
Sec. 301. Funds made available under the heading ``Cybersecurity
and Infrastructure Security Agency--Operations and Support'' may be
made available for the necessary expenses of procuring or providing
access to cybersecurity threat feeds for branches, agencies,
independent agencies, corporations, establishments, and
instrumentalities of the Federal Government of the United States,
State, local, tribal, and territorial entities, fusion centers as
described in section 210A of the Homeland Security Act (6 U.S.C. 124h),
and Information Sharing and Analysis Organizations.
Sec. 302. (a) Notwithstanding section 2008(a)(12) of the Homeland
Security Act of 2002 (6 U.S.C. 609(a)(12)) or any other provision of
law, not more than 5 percent of the amount of a grant made available in
paragraphs (1) through (5) under ``Federal Emergency Management
Agency--Federal Assistance'', may be used by the recipient for expenses
directly related to administration of the grant.
b
The authority provided in subsection (a) shall also apply to a
state recipient for the administration of a grant under such paragraph
(3).
Sec. 303. (a) Applications for grants under the heading ``Federal
Emergency Management Agency--Federal Assistance'', for paragraphs (1)
through (5), shall be made available to eligible applicants not later
than 60 days after the date of enactment of this Act, eligible
applicants shall submit applications not later than 80 days after the
grant announcement, and the Administrator of the Federal Emergency
Management Agency shall act within 65 days after the receipt of an
application.
b
Amounts appropriated by this Act for ``Federal Emergency
Management Agency--Operations and Support'' shall be reduced by
$100,000 for each day past the 60-day requirement that applications are
not made available to eligible applicants as required in subsection
a
, and the amount made available under such heading and specified in
the ``Department of Homeland Security Appropriations Act, 2026'' table
in the explanatory statement described in section 4 (in the matter
preceding division A of this Consolidated Act) for Mission Support
shall be correspondingly reduced by an equivalent amount.
Sec. 304. (a) Under the heading ``Federal Emergency Management
Agency--Federal Assistance'', for grants under paragraphs (1) through
(5), (9), and (10) the Administrator of the Federal Emergency
Management Agency shall brief the Committees on Appropriations of the
House of Representatives and the Senate five full business days in
advance of announcing publicly the intention of making an award.
b
If any such public announcement is made before five full
business days have elapsed following such briefing, $1,000,000 of
amounts appropriated by this Act for ``Federal Emergency Management
Agency--Operations and Support'' shall be rescinded, and the amount
made available under such heading and specified in the ``Department of
Homeland Security Appropriations Act, 2026'' table in the explanatory
statement described in section 4 (in the matter preceding division A of
this Consolidated Act) for Mission Support shall be correspondingly
reduced by an equivalent amount.
Sec. 305. Under the heading ``Federal Emergency Management
Agency--Federal Assistance'', for grants under paragraphs (1) and (2),
the installation of communications towers is not considered
construction of a building or other physical facility.
Sec. 306. The reporting requirements in paragraphs (1) and (2)
under the heading ``Federal Emergency Management Agency--Disaster
Relief Fund'' in the Department of Homeland Security Appropriations
Act, 2015 (Public Law 114-4), related to reporting on the Disaster
Relief Fund, shall be applied in fiscal year 2026 with respect to
budget year 2027 and current fiscal year 2026, respectively--
(1) in paragraph (1) by substituting ``fiscal year 2027''
for ``fiscal year 2016''; and
(2) in paragraph (2) by inserting ``business'' after
``fifth''.
Sec. 307. In making grants under the heading ``Federal Emergency
Management Agency--Federal Assistance'', for Staffing for Adequate Fire
and Emergency Response grants, the Administrator of the Federal
Emergency Management Agency may grant waivers from the requirements in
subsections (a)(1)(A), (a)(1)(B), (a)(1)(E), (c)(1), (c)(2), and (c)(4)
of section 34 of the Federal Fire Prevention and Control Act of 1974
(15 U.S.C. 2229a).
Sec. 308. (a) The aggregate charges assessed during fiscal year
2026, as authorized in title III of the Departments of Veterans Affairs
and Housing and Urban Development, and Independent Agencies
Appropriations Act, 1999 (42 U.S.C. 5196e), shall not be less than 100
percent of the amounts anticipated by the Department of Homeland
Security to be necessary for its Radiological Emergency Preparedness
Program for the next fiscal year.
b
The methodology for assessment and collection of fees shall be
fair and equitable and shall reflect costs of providing such services,
including administrative costs of collecting such fees.
c
Such fees shall be deposited in a Radiological Emergency
Preparedness Program account as offsetting collections and will become
available for authorized purposes on October 1, 2026, and remain
available until expended.
Sec. 309. In making grants under the heading ``Federal Emergency
Management Agency--Federal Assistance'', for Assistance to Firefighter
Grants, the Administrator of the Federal Emergency Management Agency
may waive subsection (k) of section 33 of the Federal Fire Prevention
and Control Act of 1974 (15 U.S.C. 2229).
Sec. 310. Any unobligated balances of funds appropriated in any
prior Act for activities funded by the National Predisaster Mitigation
Fund under section 203 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5133), as in effect on the day
before the date of enactment of section 1234 of division D of Public
Law 115-254, shall be transferred to and merged with funds set aside
pursuant to subsection (i)(1) of section 203 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133), as in
effect on the date of the enactment of this section.
Sec. 311. Any unobligated balances of funds appropriated under the
heading ``Federal Emergency Management Agency--Flood Hazard Mapping and
Risk Analysis Program'' in any prior Act shall be transferred to and
merged with funds appropriated under the heading ``Federal Emergency
Management Agency--Federal Assistance'' for necessary expenses for
Flood Hazard Mapping and Risk Analysis: Provided, That funds
transferred pursuant to this section shall be in addition to and
supplement any other sums appropriated for such purposes under the
National Flood Insurance Fund and such additional sums as may be
provided by States or other political subdivisions for cost-shared
mapping activities under section 1360(f)(2) of the National Flood
Insurance Act of 1968 (42 U.S.C. 4101(f)(2)), to remain available until
expended.
Sec. 312. Each award for grants under the heading ``Federal
Emergency Management Agency--Federal Assistance'' for paragraphs (1)
through (10) and (12), shall have a period of performance, as defined
by 2 CFR 200.1, that shall be of not less than three years and not more
than five years.
Sec. 313. (a) The Administrator of the Federal Emergency Management
Agency shall post an interactive dashboard on the public-facing website
of the Federal Emergency Management Agency with any request for
reimbursement for a covered expense, delineated by state and any amount
for individual assistance or public assistance related to emergency (42
U.S.C. 5122(1)) or major disaster (42 U.S.C. 5122(2)) declarations
under the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5121 et seq.)--
(1) not more than 90 days after such information has been
received by the Federal Emergency Management Agency; and
(2) not more than 60 days after such information is under
final review by the Department of Homeland Security.
b
The information in the interactive dashboard referenced in
subsection (a) shall include at a minimum the information listed in
subparagraphs (1) through (7) under the heading in the paragraph titled
``Public and Individual Assistance'' in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act).
Sec. 314. (a) None of the funds appropriated in this Act may be
used to pause a training or grant funded under the heading ``Federal
Emergency Management Agency--Federal Assistance''.
b
Subsection (a) shall not apply if the Secretary of Homeland
Security notifies the Committees on Appropriations of the House of
Representatives and the Senate not more than 10 business days in
advance of the pause.
c
The notification required by subsection (b) shall include an
explanation for the pause, plans to make up any missed classes
resulting from the pause, and the budgetary impact of any paused
training.
d
The Secretary may waive the requirement in subsection (b) in
the event of extraordinary circumstances that imminently threaten the
safety of human life or the protection of property.
TITLE IV
RESEARCH, DEVELOPMENT, TRAINING, AND SERVICES
U.S. Citizenship and Immigration Services
operations and support
For necessary expenses of U.S. Citizenship and Immigration Services
for operations and support, including for the E-Verify Program,
$122,941,000: Provided, That such amounts shall be in addition to any
other amounts made available for such purposes, and shall not be
construed to require any reduction of any fee described in section
286(m) of the Immigration and Nationality Act (8 U.S.C. 1356(m)):
Provided further, That not to exceed $5,000 shall be for official
reception and representation expenses.
Federal Law Enforcement Training Centers
operations and support
For necessary expenses of the Federal Law Enforcement Training
Centers for operations and support, including the purchase of not to
exceed 117 vehicles for police-type use and hire of passenger motor
vehicles, and services as authorized by section 3109 of title 5, United
States Code, $379,837,000, of which $75,551,000 shall remain available
until September 30, 2027: Provided, That not to exceed $7,180 shall be
for official reception and representation expenses.
procurement, construction, and improvements
For necessary expenses of the Federal Law Enforcement Training
Centers for procurement, construction, and improvements, $18,300,000,
to remain available until September 30, 2030, for acquisition of
necessary additional real property and facilities, construction and
ongoing maintenance, facility improvements, and related expenses of the
Federal Law Enforcement Training Centers.
Science and Technology Directorate
operations and support
For necessary expenses of the Science and Technology Directorate
for operations and support, including the purchase or lease of not to
exceed 5 vehicles, $352,802,000, of which $201,183,000 shall remain
available until September 30, 2027: Provided, That not to exceed
$10,000 shall be for official reception and representation expenses.
procurement, construction, and improvements
For necessary expenses of the Science and Technology Directorate
for procurement, construction, and improvements, $51,500,000, to remain
available until September 30, 2030.
research and development
For necessary expenses of the Science and Technology Directorate
for research and development, $426,904,000, to remain available until
September 30, 2028.
Administrative Provisions
Sec. 401. (a) Notwithstanding any other provision of law, funds
otherwise made available to U.S. Citizenship and Immigration Services
may be used to acquire, operate, equip, and dispose of up to 5
vehicles, for replacement only, for areas where the Administrator of
General Services does not provide vehicles for lease.
b
The Director of U.S. Citizenship and Immigration Services may
authorize employees who are assigned to those areas to use such
vehicles to travel between the employees' residences and places of
employment.
Sec. 402. None of the funds appropriated by this Act may be used
to process or approve a competition under Office of Management and
Budget Circular A-76 for services provided by employees (including
employees serving on a temporary or term basis) of U.S. Citizenship and
Immigration Services of the Department of Homeland Security who are
known as Immigration Information Officers, Immigration Service
Analysts, Contact Representatives, Investigative Assistants, or
Immigration Services Officers.
Sec. 403. Notwithstanding any other provision of law, any Federal
funds made available to U.S. Citizenship and Immigration Services may
be used for the collection and use of biometrics taken at a U.S.
Citizenship and Immigration Services Application Support Center that is
overseen virtually by U.S. Citizenship and Immigration Services
personnel using appropriate technology.
Sec. 404. The Director of the Federal Law Enforcement Training
Centers is authorized to distribute funds to Federal law enforcement
agencies for expenses incurred participating in training accreditation.
Sec. 405. The Federal Law Enforcement Training Accreditation
Board, including representatives from the Federal law enforcement
community and non-Federal accreditation experts involved in law
enforcement training, shall lead the Federal law enforcement training
accreditation process to continue the implementation of measuring and
assessing the quality and effectiveness of Federal law enforcement
training programs, facilities, and instructors.
Sec. 406. (a) The Director of the Federal Law Enforcement Training
Centers may accept transfers to its ``Procurement, Construction, and
Improvements'' account from Government agencies requesting the
construction of special use facilities, as authorized by the Economy
Act (31 U.S.C. 1535(b)).
b
The Federal Law Enforcement Training Centers shall maintain
administrative control and ownership upon completion of such
facilities.
Sec. 407. The functions of the Federal Law Enforcement Training
Centers instructor staff shall be classified as inherently governmental
for purposes of the Federal Activities Inventory Reform Act of 1998 (31
U.S.C. 501 note).
TITLE V
GENERAL PROVISIONS
(including transfers and rescissions of funds)
Sec. 501. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 502. Subject to the requirements of section 503 of this Act,
the unexpended balances of prior appropriations provided for activities
in this Act may be transferred to appropriation accounts for such
activities established pursuant to this Act, may be merged with funds
in the applicable established accounts, and thereafter may be accounted
for as one fund for the same time period as originally enacted.
Sec. 503. (a) None of the funds provided by this Act, provided by
previous appropriations Acts to the components in or transferred to the
Department of Homeland Security that remain available for obligation or
expenditure in fiscal year 2026, or provided from any accounts in the
Treasury of the United States derived by the collection of fees
available to the components funded by this Act, shall be available for
obligation or expenditure through a reprogramming of funds that--
(1) creates or eliminates a program, project, or activity,
or increases funds for any program, project, or activity for
which funds have been denied or restricted by the Congress;
(2) contracts out any function or activity presently
performed by Federal employees or any new function or activity
proposed to be performed by Federal employees in the
President's budget proposal for fiscal year 2026 for the
Department of Homeland Security;
(3) augments funding for existing programs, projects, or
activities in excess of $5,000,000 or 10 percent, whichever is
less;
(4) reduces funding for any program, project, or activity,
or numbers of personnel, by 10 percent or more; or
(5) results from any general savings from a reduction in
personnel that would result in a change in funding levels for
programs, projects, or activities as approved by the Congress.
b
Subsection (a) shall not apply if the Committees on
Appropriations of the House of Representatives and the Senate are
notified at least 30 days in advance of such reprogramming.
c
Up to 5 percent of any appropriation made available for the
current fiscal year for the Department of Homeland Security by this Act
or provided by previous appropriations Acts may be transferred between
such appropriations if the Committees on Appropriations of the House of
Representatives and the Senate are notified at least 30 days in advance
of such transfer, but no such appropriation, except as otherwise
specifically provided, shall be increased by more than 10 percent by
such transfer.
d
Notwithstanding subsections (a), (b), and (c), no funds shall
be reprogrammed within or transferred between appropriations--
(1) based upon an initial notification provided after June
15, except in extraordinary circumstances that imminently
threaten the safety of human life or the protection of
property;
(2) to increase or decrease funding for grant programs; or
(3) to create a program, project, or activity pursuant to
subsection (a)(1), including any new function or requirement
within any program, project, or activity, not approved by
Congress in the consideration of the enactment of this Act.
e
The notification thresholds and procedures set forth in
subsections (a), (b), (c), and (d) shall apply to any use of
deobligated balances of funds provided in previous Department of
Homeland Security Appropriations Acts that remain available for
obligation in the current year.
f
Notwithstanding subsection (c), the Secretary of Homeland
Security may transfer to the fund established by 8 U.S.C. 1101 note, up
to $20,000,000 from appropriations available to the Department of
Homeland Security: Provided, That the Secretary shall notify the
Committees on Appropriations of the House of Representatives and the
Senate at least 5 days in advance of such transfer.
Sec. 504. (a) Section 504 of the Department of Homeland Security
Appropriations Act, 2017 (division F of Public Law 115-31), related to
the operations of a working capital fund, shall apply with respect to
funds made available in this Act in the same manner as such section
applied to funds made available in that Act.
b
Funds from such working capital fund may be obligated and
expended in anticipation of reimbursements from components of the
Department of Homeland Security.
Sec. 505. (a) Except as otherwise specifically provided by law, not
to exceed 50 percent of unobligated balances remaining available at the
end of fiscal year 2026, as recorded in the financial records at the
time of a reprogramming notification, but not later than June 15, 2027,
from appropriations for ``Operations and Support'' for fiscal year 2026
in this Act shall remain available through September 30, 2027, in the
account and for the purposes for which the appropriations were
provided.
b
Prior to the obligation of such funds, a notification shall be
submitted to the Committees on Appropriations of the House of
Representatives and the Senate in accordance with section 503 of this
Act.
Sec. 506. (a) Funds made available by this Act for intelligence
activities are deemed to be specifically authorized by the Congress for
purposes of section 504 of the National Security Act of 1947 (50 U.S.C.
414) during fiscal year 2026 until the enactment of an Act authorizing
intelligence activities for fiscal year 2026.
b
Amounts described in subsection (a) made available for
``Intelligence, Analysis, and Situational Awareness--Operations and
Support'' that exceed the amounts in such authorization for such
account shall be transferred to and merged with amounts made available
under the heading ``Management Directorate--Operations and Support''.
c
Prior to the obligation of any funds transferred under
subsection (b), the Undersecretary for Management shall brief the
Committees on Appropriations of the House of Representatives and the
Senate on a plan for the use of such funds.
Sec. 507. (a) The Secretary of Homeland Security, or the designee
of the Secretary, shall notify the Committees on Appropriations of the
House of Representatives and the Senate at least three full business
days in advance of--
(1) making or awarding a grant allocation or grant in
excess of $1,000,000 or a grant made from the Disaster Relief
Fund in excess of $100,000;
(2) making or awarding a contract, other transaction
agreement, or task or delivery order on a multiple award
contract, or to issue a letter of intent totaling in excess of
$2,000,000;
(3) awarding a task or delivery order requiring an
obligation of funds in an amount greater than $5,000,000 from
multi-year Department of Homeland Security funds;
(4) making a sole-source grant award; or
(5) announcing publicly the intention to make or award
items under paragraph (1), (2), (3), or (4) including a
contract covered by the Federal Acquisition Regulation.
b
If the Secretary of Homeland Security determines that
compliance with this section would pose a substantial risk to human
life, health, or safety, an award may be made without notification, and
the Secretary shall notify the Committees on Appropriations of the
House of Representatives and the Senate not later than three full
business days after such an award is made or letter issued.
c
A notification under this section--
(1) may not involve funds that are not available for
obligation; and
(2) shall include the amount of the award; the fiscal year
for which the funds for the award were appropriated; the type
of contract; and the account from which the funds are being
drawn.
Sec. 508. Notwithstanding any other provision of law, no agency
shall purchase, construct, or lease any additional facilities, except
within or contiguous to existing locations, to be used for the purpose
of conducting Federal law enforcement training without advance
notification to the Committees on Appropriations of the House of
Representatives and the Senate, except that the Federal Law Enforcement
Training Centers is authorized to obtain the temporary use of
additional facilities by lease, contract, or other agreement for
training that cannot be accommodated in existing Centers' facilities.
Sec. 509. None of the funds appropriated or otherwise made
available by this Act may be used for expenses for any construction,
repair, alteration, or acquisition project for which a prospectus
otherwise required under chapter 33 of title 40, United States Code,
has not been approved, except that necessary funds may be expended for
each project for required expenses for the development of a proposed
prospectus.
Sec. 510. Sections 522 and 530 of the Department of Homeland
Security Appropriations Act, 2008 (division E of Public Law 110-161;
121 Stat. 2073 and 2074) shall apply with respect to funds made
available in this Act in the same manner as such sections applied to
funds made available in that Act.
Sec. 511. (a) None of the funds made available in this Act may be
used in contravention of the applicable provisions of the Buy American
Act.
b
For purposes of subsection (a), the term ``Buy American Act''
means chapter 83 of title 41, United States Code.
Sec. 512. None of the funds made available in this Act may be used
to amend the oath of allegiance required by section 337 of the
Immigration and Nationality Act (8 U.S.C. 1448).
Sec. 513. (a) None of the funds provided or otherwise made
available by this Act may be made available to carry out section 872 of
the Homeland Security Act of 2002 (6 U.S.C. 452) unless explicitly
authorized by the Congress after the date of enactment of this Act.
b
Subsection (a) shall not apply to the use of the authorities
provided by such section 872--
(1) to allocate or reallocate the functions of the
Assistant Secretary for the Countering Weapons of Mass
Destruction Office to other offices and organizational units
within the Department consistent with the ``Countering Weapons
of Mass Destruction'' table in the explanatory statement
described in section 4 (in the matter preceding division A of
this consolidated Act); or
(2) to allocate or reallocate any other functions of the
Countering Weapons of Mass Destruction Office to other offices
and organizational units within the Department consistent with
the ``Countering Weapons of Mass Destruction'' table in the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act).
c
Notwithstanding subsection (a), the Secretary may transfer
funds made available in prior appropriations Acts to the Countering
Weapons of Mass Destruction Office between any appropriations available
to the Department as necessary to carry out the purposes described in
subsection (b).
Sec. 514. None of the funds made available in this Act may be used
for planning, testing, piloting, or developing a national
identification card.
Sec. 515. Any official that is required by this Act to report or
to certify to the Committees on Appropriations of the House of
Representatives and the Senate may not delegate such authority to
perform that act unless specifically authorized herein.
Sec. 516. None of the funds made available in this Act may be used
for first-class travel by the employees of agencies funded by this Act
in contravention of sections 301-10.122 through 301-10.124 of title 41,
Code of Federal Regulations.
Sec. 517. None of the funds made available in this Act may be used
to employ workers described in section 274A(h)(3) of the Immigration
and Nationality Act (8 U.S.C. 1324a(h)(3)).
Sec. 518. Notwithstanding any other provision of this Act, none of
the funds appropriated or otherwise made available by this Act may be
used to pay award or incentive fees for contractor performance that has
been judged to be below satisfactory performance or performance that
does not meet the basic requirements of a contract.
Sec. 519. (a) None of the funds made available in this Act may be
used to maintain or establish a computer network unless such network
blocks the viewing, downloading, and exchanging of pornography.
b
Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, territorial, or local law
enforcement agency or any other entity carrying out criminal
investigations, prosecution, or adjudication activities.
Sec. 520. None of the funds made available in this Act may be used
by a Federal law enforcement officer to facilitate the transfer of an
operable firearm to an individual if the Federal law enforcement
officer knows or suspects that the individual is an agent of a drug
cartel unless law enforcement personnel of the United States
continuously monitor or control the firearm at all times.
Sec. 521. (a) None of the funds made available in this Act may be
used to pay for the travel to or attendance of more than 50 employees
of a single component of the Department of Homeland Security, who are
stationed in the United States, at a single international conference
unless the Secretary of Homeland Security, or a designee, determines
that such attendance is in the national interest and notifies the
Committees on Appropriations of the House of Representatives and the
Senate within at least 10 days of that determination and the basis for
that determination.
b
For purposes of this section the term ``international
conference'' shall mean a conference occurring outside of the United
States attended by representatives of the United States Government and
of foreign governments, international organizations, or nongovernmental
organizations.
c
The total cost to the Department of Homeland Security of any
such conference shall not exceed $500,000.
d
Employees who attend a conference virtually without travel away
from their permanent duty station within the United States shall not be
counted for purposes of this section, and the prohibition contained in
this section shall not apply to payments for the costs of attendance
for such employees.
Sec. 522. None of the funds made available in this Act may be used
to reimburse any Federal department or agency for its participation in
a National Special Security Event.
Sec. 523. (a) None of the funds made available to the Department of
Homeland Security by this or any other Act may be obligated for the
implementation of any structural pay reform or the introduction of any
new position classification that will affect more than 100 full-time
positions or costs more than $5,000,000 in a single year before the end
of the 30-day period beginning on the date on which the Secretary of
Homeland Security submits to Congress a notification that includes--
(1) the number of full-time positions affected by such
change;
(2) funding required for such change for the current fiscal
year and through the Future Years Homeland Security Program;
(3) justification for such change; and
(4) for a structural pay reform, an analysis of
compensation alternatives to such change that were considered
by the Department.
b
Subsection (a) shall not apply to such change if--
(1) it was proposed in the President's budget proposal for
the fiscal year funded by this Act; and
(2) funds for such change have not been explicitly denied
or restricted in this Act.
Sec. 524. (a) Any agency receiving funds made available in this Act
shall, subject to subsections (b) and (c), post on the public website
of that agency any report required to be submitted by the Committees on
Appropriations of the House of Representatives and the Senate in this
Act, upon the determination by the head of the agency that it shall
serve the national interest.
b
Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises homeland
or national security; or
(2) the report contains proprietary information.
c
The head of the agency posting such report shall do so only
after such report has been made available to the Committees on
Appropriations of the House of Representatives and the Senate for not
less than 45 days except as otherwise specified in law.
d
If the requirements of this section are not met, the
reprogramming and transfer authority provided in section 503 of this
Act shall be suspended until the requirements of subsection (a) are
met.
Sec. 525. (a) Funding provided in this Act for ``Operations and
Support'' may be used for minor procurement, construction, and
improvements.
b
For purposes of subsection (a), ``minor'' refers to end items
with a unit cost of $250,000 or less for personal property, and
$4,000,000 or less for real property.
Sec. 526. The authority provided by section 532 of the Department
of Homeland Security Appropriations Act, 2018 (Public Law 115-141)
regarding primary and secondary schooling of dependents shall continue
in effect during fiscal year 2026.
Sec. 527. (a) Except as provided in subsection (b), none of the
funds made available in this Act may be used to place restraints on a
woman in the custody of the Department of Homeland Security (including
during transport, in a detention facility, or at an outside medical
facility) who is pregnant or in post-delivery recuperation.
b
Subsection (a) shall not apply with respect to a pregnant woman
if--
(1) an appropriate official of the Department of Homeland
Security makes an individualized determination that the woman--
(A) is a serious flight risk, and such risk cannot
be prevented by other means; or
(B) poses an immediate and serious threat to harm
herself or others that cannot be prevented by other
means; or
(2) a medical professional responsible for the care of the
pregnant woman determines that the use of therapeutic
restraints is appropriate for the medical safety of the woman.
c
If a pregnant woman is restrained pursuant to subsection (b),
only the safest and least restrictive restraints, as determined by the
appropriate medical professional treating the woman, may be used. In no
case may restraints be used on a woman who is in active labor or
delivery, and in no case may a pregnant woman be restrained in a face-
down position with four-point restraints, on her back, or in a
restraint belt that constricts the area of the pregnancy. A pregnant
woman who is immobilized by restraints shall be positioned, to the
maximum extent feasible, on her left side.
Sec. 528. (a) None of the funds made available by this Act may be
used to destroy any document, recording, or other record pertaining to
any--
(1) death of;
(2) potential sexual assault or abuse perpetrated against;
or
(3) allegation of abuse, criminal activity, or disruption
committed by an individual held in the custody of the
Department of Homeland Security.
b
The records referred to in subsection (a) shall be made
available, in accordance with applicable laws and regulations, and
Federal rules governing disclosure in litigation, to an individual who
has been charged with a crime, been placed into segregation, or
otherwise punished as a result of an allegation described in paragraph
(3), upon the request of such individual.
Sec. 529. Section 519 of division F of Public Law 114-113,
regarding a prohibition on funding for any position designated as a
Principal Federal Official, shall apply with respect to any Federal
funds in the same manner as such section applied to funds made
available in that Act.
Sec. 530. (a) Not later than 10 days after the date on which the
budget of the President for a fiscal year is submitted to Congress
pursuant to section 1105(a) of title 31, United States Code, the Under
Secretary for Management of Homeland Security shall submit to the
Committees on Appropriations of the House of Representatives and the
Senate a report on the unfunded priorities, for the Department of
Homeland Security and separately for each departmental component, for
which discretionary funding would be classified as budget function 050.
b
Each report under this section shall specify, for each such
unfunded priority--
(1) a summary description, including the objectives to be
achieved if such priority is funded (whether in whole or in
part);
(2) the description, including the objectives to be
achieved if such priority is funded (whether in whole or in
part);
(3) account information, including the following (as
applicable):
(A) appropriation account; and
(B) program, project, or activity name; and
(4) the additional number of full-time or part-time
positions to be funded as part of such priority.
c
In this section, the term ``unfunded priority'', in the case of
a fiscal year, means a requirement that--
(1) is not funded in the budget referred to in subsection
a
;
(2) is necessary to fulfill a requirement associated with
an operational or contingency plan for the Department; and
(3) would have been recommended for funding through the
budget referred to in subsection (a) if--
(A) additional resources had been available for the
budget to fund the requirement;
(B) the requirement has emerged since the budget
was formulated; or
(C) the requirement is necessary to sustain prior-
year investments.
Sec. 531. (a) Not later than 10 days after a determination is made
by the President to evaluate and initiate protection under any
authority for a former or retired Government official or employee, or
for an individual who, during the duration of the directed protection,
will become a former or retired Government official or employee
(referred to in this section as a ``covered individual''), the
Secretary of Homeland Security shall submit a notification to
congressional leadership and the Committees on Appropriations of the
House of Representatives and the Senate, the Committees on the
Judiciary of the House of Representatives and the Senate, the Committee
on Homeland Security of the House of Representatives, the Committee on
Homeland Security and Governmental Affairs of the Senate, and the
Committee on Oversight and Reform of the House of Representatives
(referred to in this section as the ``appropriate congressional
committees'').
b
Such notification may be submitted in classified form, if
necessary, and in consultation with the Director of National
Intelligence or the Director of the Federal Bureau of Investigation, as
appropriate, and shall include the threat assessment, scope of the
protection, and the anticipated cost and duration of such protection.
c
Not later than 15 days before extending, or 30 days before
terminating, protection for a covered individual, the Secretary of
Homeland Security shall submit a notification regarding the extension
or termination and any change to the threat assessment to the
congressional leadership and the appropriate congressional committees.
d
Not later than 45 days after the date of enactment of this Act,
and quarterly thereafter, the Secretary shall submit a report to the
congressional leadership and the appropriate congressional committees,
which may be submitted in classified form, if necessary, detailing each
covered individual, and the scope and associated cost of protection.
Sec. 532. (a) None of the funds provided to the Department of
Homeland Security in this or any prior Act may be used by an agency to
submit an initial project proposal to the Technology Modernization Fund
(as authorized by section 1078 of subtitle G of title X of the National
Defense Authorization Act for Fiscal Year 2018 (Public Law 115-91))
unless, concurrent with the submission of an initial project proposal
to the Technology Modernization Board, the head of the agency--
(1) notifies the Committees on Appropriations of the House
of Representatives and the Senate of the proposed submission of
the project proposal;
(2) submits to the Committees on Appropriations a copy of
the project proposal; and
(3) provides a detailed analysis of how the proposed
project funding would supplement or supplant funding requested
as part of the Department's most recent budget submission.
b
None of the funds provided to the Department of Homeland
Security by the Technology Modernization Fund shall be available for
obligation until 15 days after a report on such funds has been
transmitted to the Committees on Appropriations of the House of
Representatives and the Senate.
c
The report described in subsection (b) shall include--
(1) the full project proposal submitted to and approved by
the Fund's Technology Modernization Board;
(2) the finalized interagency agreement between the
Department and the Fund including the project's deliverables
and repayment terms, as applicable;
(3) a detailed analysis of how the project will supplement
or supplant existing funding available to the Department for
similar activities;
(4) a plan for how the Department will repay the Fund,
including specific planned funding sources, as applicable; and
(5) other information as determined by the Secretary.
Sec. 533. Within 60 days of any budget submission for the
Department of Homeland Security for fiscal year 2027 that assumes
revenues or proposes a reduction from the previous year based on user
fees proposals that have not been enacted into law prior to the
submission of the budget, the Secretary of Homeland Security shall
provide the Committees on Appropriations of the House of
Representatives and the Senate specific reductions in proposed
discretionary budget authority commensurate with the revenues assumed
in such proposals in the event that they are not enacted prior to
October 1, 2026.
Sec. 534. None of the funds made available by this Act may be
obligated or expended to implement the Arms Trade Treaty until the
Senate approves a resolution of ratification for the Treaty.
Sec. 535. No Federal funds made available to the Department of
Homeland Security may be used to enter into a procurement contract,
memorandum of understanding, or cooperative agreement with, or make a
grant to, or provide a loan or guarantee to, any entity identified
under section 1260H of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283) or any
subsidiary of such entity.
Sec. 536. None of the funds appropriated or otherwise made
available in this or any other Act may be used to transfer, release, or
assist in the transfer or release to or within the United States, its
territories, or possessions Khalid Sheikh Mohammed or any other
detainee who--
(1) is not a United States citizen or a member of the Armed
Forces of the United States; and
(2) is or was held on or after June 24, 2009, at the United
States Naval Station, Guantanamo Bay, Cuba, by the Department
of Defense.
Sec. 537. (a) The Secretary of Homeland Security shall, on a
monthly basis beginning immediately after the date of enactment of this
Act, develop estimates of the number of migrants anticipated to arrive
at the southwest border of the United States.
b
The Secretary shall ensure that, at a minimum, the estimates
developed pursuant to subsection (a)--
(1) cover the current fiscal year and the following fiscal
year;
(2) include a breakout by demographic, to include single
adults, family units, and unaccompanied children;
(3) undergo an independent validation and verification
review;
(4) are used to inform policy planning and budgeting
processes within the Department of Homeland Security; and
(5) are included in the budget materials submitted to
Congress for each fiscal year beginning after the date of
enactment of this Act and in support of--
(A) the President's annual budget request pursuant
to section 1105 of title 31, United States Code;
(B) any supplemental funding request submitted to
Congress;
(C) any reprogramming and transfer notification
pursuant to section 503 of this Act; and
(D) such budget materials shall include--
i
the most recent monthly estimates
developed pursuant to subsection (a);
(ii) a description and quantification of
the estimates used to justify funding requests
for Department programs related to border
security, immigration enforcement, and
immigration services;
(iii) a description and quantification of
the anticipated workload and requirements
resulting from such estimates; and
(iv) a confirmation as to whether the
budget requests for impacted agencies were
developed using the same estimates.
c
The Secretary shall share the monthly estimates developed
pursuant to subsection (a) with the Secretary of Health and Human
Services, the Attorney General, the Secretary of State, and the
Committees on Appropriations of the House of Representatives and the
Senate.
d
If the monthly estimates described in subsection (b) are not
provided for the purposes described, the reprogramming and transfer
authority provided in section 503 of this Act shall be suspended until
such time as the required estimates are provided to the Committees on
Appropriations of the House of Representatives and the Senate.
Sec. 538. (a) The Secretary of Homeland Security shall, on a
monthly basis beginning immediately after the date of enactment of this
Act, develop estimates of the number of individuals anticipated to be
detained in and removed from the United States.
b
The Secretary shall ensure that, at a minimum, the estimates
developed pursuant to subsection (a)--
(1) cover the current fiscal year and the following fiscal
year;
(2) include a breakout by demographics, to include single
adults and family units;
(3) undergo an independent validation and verification
review;
(4) are used to inform policy planning and budgeting
processes within the Department of Homeland Security; and
(5) are included in the budget materials submitted to
Congress for each fiscal year beginning after the date of
enactment of this Act and in support of--
(A) the President's annual budget request pursuant
to section 1105 of title 31, United States Code;
(B) any supplemental funding request submitted to
Congress;
(C) any reprogramming and transfer notification
pursuant to section 503 of this Act; and
(D) such budget materials shall include--
i
the most recent monthly estimates
developed pursuant to subsection (a);
(ii) a description and quantification of
the estimates used to justify funding requests
for Department programs related to border
security, immigration enforcement, and
immigration services;
(iii) a description and quantification of
the anticipated workload and requirements
resulting from such estimates; and
(iv) a confirmation as to whether the
budget requests for impacted agencies were
developed using the same estimates.
c
The Secretary shall share the monthly estimates developed
pursuant to subsection (a) with the Attorney General, the Secretary of
State, and the Committees on Appropriations of the House of
Representatives and the Senate.
d
If the monthly estimates described in subsection (b) are not
provided for the purposes described, the reprogramming and transfer
authority provided in section 503 of this Act shall be suspended until
such time as the required estimates are provided to the Committees on
Appropriations of the House of Representatives and the Senate.
Sec. 539. (a) Prior to the Secretary of Homeland Security
requesting assistance from the Department of Defense for border
security operations, the Secretary shall ensure that an alternatives
analysis and cost-benefit analysis is conducted before such request is
made, which shall include an examination of obtaining such support
through other means.
b
Not later than 30 days after the date on which a request for
assistance is made, the Secretary of Homeland Security shall submit to
the Committees on Appropriations of the House of Representatives and
the Senate a report detailing the types of support requested, the
alternatives analysis and cost-benefit analysis described in subsection
a
, and the operational impact to Department of Homeland Security
operations of any Department of Defense border security support
requested by the Secretary.
c
Not later than 30 days after the date on which a request made
for assistance is granted and quarterly thereafter through the duration
of such assistance, the Secretary of Homeland Security shall submit to
the Committees on Appropriations of the House of Representatives and
the Senate, a report detailing the assistance provided and the
operational impacts to border security operations.
Sec. 540. Funds made available in this Act or any other Act for
Operations and Support may be used for the necessary expenses of
providing an employee emergency back-up care program.
Sec. 541. (a) Not less than $5,000,000 made available in this Act
shall be transferred to ``U.S. Immigration and Customs Enforcement--
Operations and Support'' to support and conduct necessary operations of
the Blue Campaign for fiscal year 2026.
b
Prior to the obligation of funds made available by subsection
a
, notification shall be submitted to the Committees on
Appropriations of the House of Representatives and the Senate.
Sec. 542. (a) If the reporting requirement set forth in paragraph
(2) under the heading ``Federal Emergency Management Agency--Disaster
Relief Fund'' in the Department of Homeland Security Appropriations
Act, 2015 (Public Law 114-4), as applied in this fiscal year by section
306 of this Act, is not submitted to the Committees on Appropriations
of the House of Representatives and the Senate and published on the
Agency's website not later than the fifth business day of the
applicable month, the amount made available for ``Office of the
Secretary and Executive Management--Operations and Support--Management
and Oversight'' shall be reduced by $100,000 for each day such report
is not submitted and published on the Agency's website.
b
During any period in which the total number of requests for
reimbursement for a covered expense for individual assistance or public
assistance related to emergency (42 U.S.C. 5122(1)) or major disaster
(42 U.S.C. 5122(2)) declarations under the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) that the
Department of Homeland Security has been considering under final review
for greater than 60 days exceeds 500, the amount made available for
``Office of the Secretary and Executive Management--Operations and
Support--Management and Oversight'' shall be reduced by $100,000 for
each day during such period on which the cumulative total of requests
over 60 days in final review exceeds 500.
c
Subsection (b) shall not apply if the balance of funding for
the Disaster Relief Fund is sufficient only for the purpose of
obligating funds for activities determined to be lifesaving or life-
sustaining.
Sec. 543. Section 16005(c) of title VI of division B of the
Coronavirus Aid, Relief, and Economic Security Act (Public Law 116-136)
shall be applied as if the language read as follows: ``Subsection (a)
shall apply until September 30, 2026.''.
Sec. 544. The levels for appropriations accounts specified for
classified programs in this Act shall conform to the direction included
in the classified annex accompanying this Act and shall be implemented
in a manner consistent with section 545.
Sec. 545. Upon a determination by the Director of National
Intelligence that such action is necessary and in the national
interest, the Director may, with the approval of the Secretary of
Homeland Security and the Director of the Office of Management and
Budget, transfer amounts for the National Intelligence Program
consistent with the percentage caps specified in section 503(c):
Provided, That such authority to transfer may not be used unless for
higher priority items, based on unforeseen intelligence requirements,
than those for which originally appropriated and in no case where the
item for which funds are requested has been denied by the Congress:
Provided further, That a request for any transfer of funds using
authority provided in this section shall be made consistent with the
requirements of section 503(d)(1).
Sec. 546. Within seven days of the date of enactment of this Act,
and quarterly thereafter, the Department shall submit to the Committees
on Appropriation of the House of Representatives and the Senate--
(1) an obligation plan by program, project, or activity for
each component receiving funds from Public Law 119-21;
(2) estimated fee collections for each component collecting
new or enhanced fees authorized by Public Law 119-21,
delineated by collections that a component will retain and
collections that a component will remit to other agencies or
the Treasury; and
(3) an obligation plan by program, project, or activity for
fee collections identified in paragraph (2) as being retained
by a component within the Department.
Sec. 547. (a) None of the funds appropriated or otherwise made
available to the Department of Homeland Security by this Act may be
used to prevent any of the following persons from entering, for the
purpose of conducting oversight, any facility operated by or for the
Department of Homeland Security used to detain or otherwise house
aliens, or to make any temporary modification at any such facility that
in any way alters what is observed by a visiting Member of Congress or
such designated employee, compared to what would be observed in the
absence of such modification:
(1) A Member of Congress.
(2) An employee of the United States House of
Representatives or the United States Senate designated by such
a Member for the purposes of this section.
b
Nothing in this section may be construed to require a Member of
Congress to provide prior notice of the intent to enter a facility
described in subsection (a) for the purpose of conducting oversight.
c
With respect to individuals described in subsection (a)(2), the
Department of Homeland Security may require that a request be made at
least 24 hours in advance of an intent to enter a facility described in
subsection (a).
Sec. 548. In addition to amounts otherwise made available for such
purposes, there is appropriated $30,000,000, for an additional amount
for ``The Judiciary--Supreme Court of the United States--Salaries and
Expenses'', to remain available until September 30, 2028: Provided,
That amounts made available pursuant to this section shall be subject
to the same authorities and conditions as if such amounts were provided
under the heading ``The Judiciary--Supreme Court of the United States--
Salaries and Expenses'' in the Financial Services and General
Government Appropriations Act, 2026.
Sec. 549. There is appropriated $140,000,000 for an additional
amount for ``Department of Transportation-Federal Aviation
Administration-Operations'' for air traffic organization activities, to
remain available until September 30, 2027: Provided, That the
Administrator of the Federal Aviation Administration shall only use
such amounts to provide a rate of pay increase for calendar year 2026
of 3.8 percent, for air traffic controllers, as defined by section
2109(1)(A) of title 5, United States Code, and air traffic controller
supervisors or managers who are not covered under such section, but who
manage air traffic: Provided further, That such adjustment shall be
implemented for all such employees only to the extent the Administrator
determines, in his sole discretion, that improvements in workforce
scheduling, staffing utilization, or other operational efficiencies are
achieved that contribute to addressing workforce shortfalls and
enhancing aviation safety: Provided further, That if the Administrator
makes such determination, then such adjustment shall be effective the
first pay period beginning after January 1, 2026: Provided further,
That amounts provided by this section shall be subject to the same
authorities and conditions as if such amounts were provided by the
Department of Transportation Appropriations Act, 2026.
Sec. 550. (a) Of the total amount provided under the heading
``Cybersecurity and Infrastructure Security Agency--Operations and
Support'', $99,750,000 shall be derived by transfer from the
unobligated balances of amounts previously appropriated under the
heading ``Cybersecurity and Infrastructure Security Agency--
Cybersecurity Response and Recovery Fund'' in division J of the
Infrastructure Investment and Jobs Act (Public Law 117-58).
b
Amounts derived by transfer pursuant to this section shall
continue to be treated as amounts specified in section 103(b) of
division A of Public Law 118-5.
(rescissions of funds)
Sec. 551. Of the funds appropriated to the Department of Homeland
Security, the following funds are hereby rescinded from the following
accounts and programs in the specified amounts: Provided, That no
amounts may be rescinded from amounts that were designated by the
Congress as an emergency requirement pursuant to a concurrent
resolution on the budget or the Balanced Budget and Emergency Deficit
Control Act of 1985:
(1) $73,327,000 from the unobligated balances available in
the ``Management Directorate--Procurement, Construction, and
Improvements'' account (70 22/26 0406).
(2) $6,713,000 from the unobligated balances available in
the ``U.S. Customs and Border Protection--Operations and
Support'' account (70 X 0530).
(3) $387,000 from the unobligated balances available in the
``U.S. Customs and Border Protection--Automation
Modernization'' account (70 X 0531).
(4) $917,000 from the unobligated balances available in the
``U.S. Customs and Border Protection--Procurement,
Construction, and Improvements'' account (70 X 0532).
(5) $6,336,000 from the unobligated balances available in
the ``U.S. Customs and Border Protection--Border Security
Fencing, Infrastructure, and Technology'' account (70 X 0533).
(6) $1,413,000 from the unobligated balances available in
the ``U.S. Customs and Border Protection--Air and Marine
Interdiction, Operations, Maintenance, and Procurement''
account (70 X 0544).
(7) $172,000 from the unobligated balances available in the
``Cybersecurity and Infrastructure Security Agency--
Infrastructure Protection and Infrastructure Security'' account
(70 X 0565).
Sec. 552. The following unobligated balances made available to the
Department of Homeland Security pursuant to section 505 of the
Department of Homeland Security Appropriations Act, 2024 (Public Law
118-47), as incorporated by section 1101 of the Full-Year Continuing
Appropriations Act, 2025 (Public Law 119-4), are rescinded:
(1) $2,072,147 from ``Office of the Secretary and Executive
Management--Operations and Support''.
(2) $5,487,177 from ``Management Directorate--Operations
and Support''.
(3) $4,493,650 from ``Intelligence, Analysis, and
Situational Awareness--Operations and Support''.
(4) $88,190 from ``Office of the Inspector General--
Operations and Support''.
(5) $1,139,096 from ``U.S. Customs and Border Protection--
Operations and Support''.
(6) $19,650,000 from ``Transportation Security
Administration--Operations and Support''.
(7) $703,390 from ``United States Secret Service--
Operations and Support''.
(8) $52,349,050 from ``Cybersecurity and Infrastructure
Security Agency--Operations and Support''.
(9) $18,525,975 from ``Federal Emergency Management
Agency--Operations and Support''.
(10) $120,860 from ``U.S. Citizenship and Immigration
Services--Operations and Support''.
(11) $178,340 from ``Science and Technology Directorate--
Operations and Support''.
(12) $6,937,020 from ``Countering Weapons of Mass
Destruction Office--Operations and Support''.
Sec. 553. Of the unobligated balances in the ``Department of
Homeland Security Nonrecurring Expenses Fund'' established in section
538 of division F of Public Law 117-103, $2,362,000 are hereby
rescinded.
Repeal of Senate Notification Requirements Relating to Legal Process on
Disclosures of Senate Data
Sec. 554. Section 213 of title II of division C of the Continuing
Appropriations, Agriculture, Legislative Branch, Military Construction
and Veterans Affairs, and Extensions Act, 2026, and the amendments made
by such section, are hereby repealed and shall have no force or effect.
This division may be cited as the ``Department of Homeland Security
Appropriations Act, 2026''.
DIVISION I--AUTHORIZING EXTENDERS AND TECHNICAL CORRECTIONS
SEC. 5001. UNITED STATES GRAIN STANDARDS ACT EXTENSION.
Sections 7(j)(5), 7A(l)(4), and 21(e) of the United States Grain
Standards Act (7 U.S.C. 79(j)(5), 79a(l)(4), 87j(e)) shall be applied
by substituting ``September 30, 2026'' for ``September 30, 2025'' each
place it appears.
SEC. 5002. COMMODITY FUTURES TRADING COMMISSION WHISTLEBLOWER PROGRAM.
Section 1(b) of Public Law 117-25 (135 Stat. 297; 136 Stat. 2133;
136 Stat. 5984; 139 Stat. 46) is amended in each of paragraphs (3) and
(4) by striking ``September 30, 2025'' and inserting ``September 30,
2026''.
SEC. 5003. FOREST SERVICE PARTICIPATION IN ACES PROGRAM.
Section 8302(b) of the Agricultural Act of 2014 (16 U.S.C.
3851a(b)) shall be applied by substituting ``October 1, 2026'' for
``October 1, 2023''.
SEC. 5004. EXTENSION OF NATIONAL FLOOD INSURANCE PROGRAM.
a
Financing.--Section 1309(a) of the National Flood Insurance Act
of 1968 (42 U.S.C. 4016(a)) is amended, in the first sentence, by
striking ``September 30, 2023'' and inserting ``September 30, 2026''.
b
Program Expiration.--Section 1319 of the National Flood
Insurance Act of 1968 (42 U.S.C. 4026) is amended by striking
``September 30, 2023'' and inserting ``September 30, 2026''.
c
Effective Date.--
(1) In general.--Subject to paragraph (2), this section
shall take effect immediately upon the date of enactment of
this Act.
(2) Alternate date.--If this Act is enacted after January
30, 2026, this section shall take effect as if enacted on
January 30, 2026.
SEC. 5005. EXTENSION OF REIMBURSABLE SCREENING SERVICES PROGRAM.
Section 225(e) of the Department of Homeland Security
Appropriations Act, 2019 (division A of Public Law 116-6; 49 U.S.C.
44901 note) is amended by striking ``2025'' and inserting ``2026''.
SEC. 5006. MOTOR CARRIER SAFETY ADVISORY COMMITTEE.
Section 4144(d) of the Motor Carrier Safety Reauthorization Act of
2005 (49 U.S.C. 31100 note; Public Law 109-59) shall be applied by
substituting ``September 30, 2026'' for ``September 30, 2025''.
SEC. 5007. NATIONAL CYBERSECURITY PROTECTION SYSTEM AUTHORIZATION.
Section 227(a) of the Federal Cybersecurity Enhancement Act of 2015
(6 U.S.C. 1525(a)) is amended by striking ``September 30, 2025'' and
inserting ``September 30, 2026''.
SEC. 5008. CYBERSECURITY INFORMATION SHARING ACT OF 2015.
Section 111(a) of the Cybersecurity Information Sharing Act of 2015
(6 U.S.C. 1510(a)) is amended by striking ``September 30, 2025'' and
inserting ``September 30, 2026''.
SEC. 5009. STATE AND LOCAL CYBERSECURITY GRANT PROGRAM.
Section 2220A(s)(1) of the Homeland Security Act of 2002 (6 U.S.C.
665g(s)(1)) is amended by striking ``September 30, 2025'' and inserting
``September 30, 2026''.
SEC. 5010. EXTENSION OF THE TECHNOLOGY MODERNIZATION FUND AND BOARD.
Section 1078(f)(1) of the National Defense Authorization Act for
Fiscal Year 2018 (40 U.S.C. 11301 note) is amended by striking ``On and
after the date that is 2 years after the date on which the Comptroller
General of the United States issues the third report required under
subsection (b)(7)(B)'' and inserting ``After September 30, 2026''.
SEC. 5011. EXTENSION OF EXISTENCE OF PAROLE COMMISSION.
Any expiration date established by section 235(b) of the Sentencing
Reform Act of 1984 (18 U.S.C. 3551 note; Public Law 98-473), as such
section relates to chapter 311 of title 18, United States Code, and the
United States Parole Commission, shall not apply during the period
beginning on October 1, 2025, and ending on January 30, 2031.
SEC. 5012. ADDITIONAL SPECIAL ASSESSMENT.
Section 3014(a) of title 18, United States Code, is amended by
striking ``and ending on September 30, 2025''.
SEC. 5013. RURAL HEALTHCARE WORKERS.
Section 220(c) of the Immigration and Nationality Technical
Corrections Act of 1994 (8 U.S.C. 1182 note) shall be applied by
substituting ``September 30, 2026'' for ``September 30, 2015''.
SEC. 5014. E-VERIFY.
Section 401(b) of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1324a note) shall be applied by
substituting ``September 30, 2026'' for ``September 30, 2015''.
SEC. 5015. NON-MINISTER RELIGIOUS WORKERS.
Section 101(a)(27)(C)(ii) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(27)(C)(ii)) shall be applied by substituting ``September
30, 2026'' for ``September 30, 2015'' each place such date appears.
SEC. 5016. H-2B SUPPLEMENTAL VISA EXEMPTION.
Notwithstanding the numerical limitation set forth in section
214(g)(1)(B) of the Immigration and Nationality Act (8 U.S.C.
1184(g)(1)(B)), the Secretary of Homeland Security, after consultation
with the Secretary of Labor, and upon the determination that the needs
of United States businesses cannot be satisfied during fiscal year 2026
with United States workers who are willing, qualified, and able to
perform temporary nonagricultural labor, may increase the total number
of aliens who may receive a visa under section 101(a)(15)(H)(ii)(b) of
such Act (8 U.S.C. 1101(a)(15)(H)(ii)(b)) in such fiscal year by not
more than the highest number of H-2B nonimmigrants who participated in
the H-2B returning worker program in any fiscal year in which returning
workers were exempt from such numerical limitation.
SEC. 5017. EMERGENCY AUTHORITY FOR SENTENCING COMMISSION.
a
In General.--The United States Sentencing Commission (in this
section, referred to as the ``Commission'') shall promulgate the
guidelines or amendments provided for under section 8605(e) of the
SAFER SKIES Act (title LXXXVI of Public Law 119-60) as soon as possible
after the date of enactment of such Act, and in any event not later
than December 31, 2026, notwithstanding the deadline under section
994(p) of title 28, United States Code.
b
Effective Date.--The amendments to the guidelines promulgated
under subsection (a) shall take effect 180 days after the date of
promulgation by the Commission, except to the extent that the effective
date is revised or the amendment is otherwise modified or disapproved
by an Act of Congress, and shall supersede any amendment to the
contrary contained in the amendments to the sentencing guidelines
submitted to Congress by the Commission on or about May 1, 2026.
c
Rule of Construction.--The requirements of this section shall
supersede the timeline set forth in section 8605(e)(1) of the SAFER
SKIES Act (title LXXXVI of Public Law 119-60).
SEC. 5018. BANKRUPTCY FEES.
a
In General.--Section 126 of the Continuing Appropriations Act,
2026 (division A of the Continuing Appropriations, Agriculture,
Legislative Branch, Military Construction and Veterans Affairs, and
Extensions Act, 2026 (Public Law 119-37; 139 Stat. 502)) is amended to
read as follows:
``Sec. 126. Notwithstanding section 106, during the period ending
on the last day of the first calendar quarter of 2026, section
1930(a)(6)(B)(i) of title 28, United States Code, shall be applied as
if `During the 5-year period' were struck.''.
b
Application of Amendments Made by the Bankruptcy Administration
Improvement Act of 2025.--
(1) In general.--Section 6(b)(2)(A) of the Bankruptcy
Administration Improvement Act of 2025 is amended by striking
``on the'' and inserting ``on or after the''.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect as though enacted immediately after the
enactment of the Bankruptcy Administration Improvement Act of
2025.
SEC. 5019. EXTENSION OF AFRICAN GROWTH AND OPPORTUNITY ACT.
a
Extension of Preferential Treatment for Certain Countries in
Africa Under African Growth and Opportunity Act; Retroactive
Application.--
(1) Extension.--
(A) Trade act of 1974.--Section 506B of the Trade
Act of 1974 (19 U.S.C. 2466b) is amended by striking
``September 30, 2025'' and inserting ``December 31,
2026''.
(B) African growth and opportunity act.--
i
In general.--Section 112(g) of the
African Growth and Opportunity Act (19 U.S.C.
3721(g)) is amended by striking ``September 30,
2025'' and inserting ``December 31, 2026''.
(ii) Regional apparel article program.--
Section 112(b)(3)(A) of the African Growth and
Opportunity Act (19 U.S.C. 3721(b)(3)(A)) is
amended--
(I) in clause (i), by striking ``21
succeeding'' and inserting ``23
succeeding''; and
(II) in clause (ii)(II), by
striking ``September 30, 2025'' and
inserting ``December 31, 2026''.
(iii) Third-country fabric program.--
Section 112(c)(1) of the African Growth and
Opportunity Act (19 U.S.C. 3721(c)(1)) is
amended--
(I) in the paragraph heading, by
striking ``September 30, 2025'' and
inserting ``December 31, 2026'';
(II) in subparagraph (A), by
striking ``September 30, 2025'' and
inserting ``December 31, 2026''; and
(III) in subparagraph (B)(ii), by
striking ``September 30, 2025'' and
inserting ``December 31, 2026''.
(2) Retroactive application.--
(A) In general.--Notwithstanding section 514 of the
Tariff Act of 1930 (19 U.S.C. 1514) or any other
provision of law, and subject to subparagraph (B), any
entry of a covered article to which duty-free treatment
or other preferential treatment under section 506A of
the Trade Act of 1974 (19 U.S.C. 2466a) or section 112
of the African Grown and Opportunity Act (19 U.S.C.
3721) would have applied if the entry had been made on
September 30, 2025, that was made--
i
after September 30, 2025, and
(ii) before the date of the enactment of
this Act,
shall be liquidated or reliquidated as though such
entry occurred on the date of the enactment of this
Act.
(B) Requests.--A liquidation or reliquidation may
be made under subparagraph (A) with respect to an entry
only if a request therefor is filed with the
Commissioner of U.S. Customs and Border Protection not
later than 180 days after the date of the enactment of
this Act that contains sufficient information to enable
such Commissioner--
i
to locate the entry; or
(ii) to reconstruct the entry if it cannot
be located.
(C) Payment of amounts owed.--Any amounts owed by
the United States pursuant to the liquidation or
reliquidation of an entry of a covered article under
subparagraph (A) shall be paid, without interest of any
kind, not later than 90 days after the date of the
liquidation or reliquidation (as the case may be).
(D) Definitions.--In this paragraph:
i
Covered article.--The term ``covered
article'' means an article from a country that
is designated by the President as a beneficiary
sub-Saharan African country under section 104
of the African Growth and Opportunity Act (19
U.S.C. 3703) as of the day before the date of
the enactment of this Act.
(ii) Entry.--The term ``entry'' includes a
withdrawal from warehouse for consumption.
b
Extension of Customs User Fees.--
(1) In general.--Section 13031(j)(3) of the Consolidated
Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(j)(3))
is amended--
(A) in subparagraph (A), by striking ``September
30, 2031'' and inserting ``December 31, 2031''; and
(B) in subparagraph (B)(i), by striking ``September
30, 2031'' and inserting ``December 31, 2031''.
(2) Rate for merchandise processing fees.--Section 503 of
the United States-Korea Free Trade Agreement Implementation Act
(Public Law 112-41;19 U.S.C. 3805 note) is amended by striking
``September 30, 2031'' and inserting ``December 31, 2031''.
SEC. 5020. EXTENSION OF HAITI ECONOMIC LIFT PROGRAM.
a
Extension of Special Rules for Haiti Under Caribbean Basin
Economic Recovery Act.--Section 213A of the Caribbean Basin Economic
Recovery Act (19 U.S.C. 2703a) is amended--
(1) in subsection (b)--
(A) in paragraph (1)--
i
by amending subparagraph (B)(v)(I) to
read as follows:
``(I) Applicable percentage.--The
term `applicable percentage' means 60
percent or more on and after December
20, 2017.''; and
(ii) by amending subparagraph (C) to read
as follows:
``(C) Quantitative limitations.--The preferential
treatment described in subparagraph (A) shall be
extended, during each period after the initial
applicable 1-year period, to not more than 1.25 percent
of the aggregate square meter equivalents of all
apparel articles imported into the United States in the
most recent 12-month period for which data are
available.''; and
(B) in paragraph (2), by striking ``in each of the
16 succeeding 1-year periods'' each place it appears
and inserting ``in any of the succeeding 1-year
periods''; and
(2) by amending subsection (h) to read as follows:
``(h) Termination.--The duty-free treatment provided under this
section shall remain in effect until December 31, 2026.''.
b
Restoration of Eligibility of Certain Articles for Preferential
Treatment.--
(1) In general.--The President shall proclaim such
modifications to the Harmonized Tariff Schedule of the United
States as may be necessary to restore the eligibility of
articles described in paragraph (2) for preferential treatment
under section 213A of the Caribbean Basin Economic Recovery Act
(19 U.S.C. 2703a).
(2) Articles described.--An article described in this
paragraph is an article that--
(A) was eligible for preferential treatment under
section 213A of the Caribbean Basin Economic Recovery
Act (19 U.S.C. 2703a) on December 20, 2006; and
(B) became ineligible for such treatment after that
date and before the date of the enactment of this Act
as a result of revisions to the Harmonized Tariff
Schedule.
(3) Effective date of proclamation.--A proclamation under
paragraph (1) shall take effect not earlier than 2 business
days after the President submits to the Committee on Finance of
the Senate and the Committee on Ways and Means of the House of
Representatives a report on the proclamation and the reasons
for the modifications to the Harmonized Tariff Schedule under
the proclamation.
c
Retroactive Application.--
(1) In general.--Notwithstanding section 514 of the Tariff
Act of 1930 (19 U.S.C. 1514) or any other provision of law, and
subject to paragraph (2), any entry of a covered article to
which duty-free treatment or other preferential treatment under
the Caribbean Basin Economic Recovery Act (19 U.S.C. 2701 et
seq.) would have applied if the entry had been made before
September 30, 2025, that was made--
(A) on or after September 30, 2025, and
(B) before the date of the enactment of this Act,
shall be liquidated or reliquidated as though such entry
occurred on the date of the enactment of this Act.
(2) Requests.--A liquidation or reliquidation may be made
under paragraph (1) with respect to an entry only if a request
therefor is filed with the Commissioner of U.S. Customs and
Border Protection not later than 180 days after the date of the
enactment of this Act that contains sufficient information to
enable such Commissioner--
(A) to locate the entry; or
(B) to reconstruct the entry if it cannot be
located.
(3) Payment of amounts owed.--Any amounts owed by the
United States pursuant to the liquidation or reliquidation of
an entry of a covered article under paragraph (1) shall be
paid, without interest of any kind, not later than 90 days
after the date of the liquidation or reliquidation (as the case
may be).
(4) Definitions.--In this subsection:
(A) Covered article.--The term ``covered article''
means an article from Haiti.
(B) Entry.--The term ``entry'' includes a
withdrawal from warehouse for consumption.
SEC. 5021. BUDGETARY EFFECTS.
a
Statutory PAYGO Scorecards.--The budgetary effects of this
division and each succeeding division shall not be entered on either
PAYGO scorecard maintained pursuant to section 4(d) of the Statutory
Pay-As-You-Go Act of 2010.
b
Senate PAYGO Scorecards.--The budgetary effects of this
division and each succeeding division shall not be entered on any PAYGO
scorecard maintained for purposes of section 4106 of H. Con. Res. 71
(115th Congress).
c
Classification of Budgetary Effects.--Notwithstanding Rule 3 of
the Budget Scorekeeping Guidelines set forth in the joint explanatory
statement of the committee of conference accompanying Conference Report
105-217 and section 250(c)(8) of the Balanced Budget and Emergency
Deficit Control Act of 1985, the budgetary effects of this division and
each succeeding division shall not be estimated--
(1) for purposes of section 251 of such Act;
(2) for purposes of an allocation to the Committee on
Appropriations pursuant to section 302(a) of the Congressional
Budget Act of 1974; and
(3) for purposes of paragraph (4)(C) of section 3 of the
Statutory Pay-As-You-Go Act of 2010 as being included in an
appropriation Act.
DIVISION J--HEALTH CARE EXTENDERS
SEC. 6001. TABLE OF CONTENTS.
The table of contents of this division is as follows:
DIVISION J--HEALTH CARE EXTENDERS
Sec. 6001. Table of contents.
TITLE I--MEDICAID
Sec. 6101. Streamlined enrollment process for eligible out-of-State
providers under Medicaid and CHIP.
Sec. 6102. Removing certain age restrictions on Medicaid eligibility
for working adults with disabilities.
Sec. 6103. Medicaid State plan requirement for determining residency
and coverage for military families.
Sec. 6104. State studies and HHS report on costs of providing
maternity, labor, and delivery services.
Sec. 6105. Modifying certain disproportionate share hospital
allotments.
Sec. 6106. Modifying certain limitations on disproportionate share
hospital payment adjustments under the
Medicaid program.
TITLE II--MEDICARE
Sec. 6201. Extension of increased inpatient hospital payment adjustment
for certain low-volume hospitals.
Sec. 6202. Extension of the Medicare-dependent hospital (MDH) program.
Sec. 6203. Extension of add-on payments for ambulance services.
Sec. 6204. Extending incentive payments for participation in eligible
alternative payment models.
Sec. 6205. Extension of funding for quality measure endorsement, input,
and selection.
Sec. 6206. Extension of funding outreach and assistance for low-income
programs.
Sec. 6207. Extension of funding for Medicare hospice surveys.
Sec. 6208. Extension of the work geographic index floor.
Sec. 6209. Extension of certain telehealth flexibilities.
Sec. 6210. Extending acute hospital care at home waiver flexibilities.
Sec. 6211. In-home cardiopulmonary rehabilitation flexibility.
Sec. 6212. Enhancing certain program integrity requirements for DME
under Medicare.
Sec. 6213. Guidance on furnishing services via telehealth to
individuals with limited English
proficiency.
Sec. 6214. Inclusion of virtual diabetes prevention program suppliers
in MDPP Expanded Model.
Sec. 6215. Medication-induced movement disorder outreach and education.
Sec. 6216. Report on wearable medical devices.
Sec. 6217. Extension of temporary inclusion of authorized oral
antiviral drugs as covered part D drugs.
Sec. 6218. Extension of adjustment to calculation of hospice cap amount
under Medicare.
Sec. 6219. Adjustments to Medicare part D cost-sharing reductions for
low-income individuals.
Sec. 6220. Requiring Enhanced and Accurate Lists of (REAL) Health
Providers Act.
Sec. 6221. Medicare coverage of multi-cancer early detection screening
tests.
Sec. 6222. Medicare coverage of external infusion pumps and non-self-
administrable home infusion drugs.
Sec. 6223. Assuring pharmacy access and choice for medicare
beneficiaries.
Sec. 6224. Modernizing and ensuring PBM accountability.
Sec. 6225. Requiring a separate identification number and an
attestation for each off-campus outpatient
department of a provider.
Sec. 6226. Revising phase-in of medicare clinical laboratory test
payment changes.
Sec. 6227. Medicare sequestration.
Sec. 6228. Medicare Improvement Fund.
TITLE III--HUMAN SERVICES
Sec. 6301. Sexual risk avoidance education extension.
Sec. 6302. Personal responsibility education extension.
Sec. 6303. Extension of funding for family-to-family health information
centers.
Sec. 6304. Extension of the Temporary Assistance for Needy Families
Program.
TITLE IV--PUBLIC HEALTH AND OTHER EXTENDERS
Subtitle A--Extensions
Sec. 6401. Extension for community health centers, National Health
Service Corps, and teaching health centers
that operate GME programs.
Sec. 6402. Extension of special diabetes programs.
Sec. 6403. Extension of national health security programs.
Sec. 6404. No Surprises Act implementation.
Subtitle B--World Trade Center Health Program
Sec. 6411. 9/11 responder and survivor health funding corrections.
TITLE V--PUBLIC HEALTH PROGRAMS
Sec. 6501. Preventing maternal deaths.
Sec. 6502. Organ Procurement and Transplantation Network.
Sec. 6503. Honor our living donors.
Sec. 6504. Program for pediatric studies of drugs.
Sec. 6505. Sickle cell disease prevention and treatment.
Sec. 6506. Lifespan respite care.
Sec. 6507. PREEMIE.
Sec. 6508. Dr. Lorna Breen health care provider protection.
TITLE VI--FOOD AND DRUG ADMINISTRATION
Subtitle A--Mikaela Naylon Give Kids a Chance Act
Sec. 6601. Research into pediatric uses of drugs; additional
authorities of Food and Drug Administration
regarding molecularly targeted cancer
drugs.
Sec. 6602. Ensuring completion of pediatric study requirements.
Sec. 6603. FDA report on PREA enforcement.
Sec. 6604. Extension of authority to issue priority review vouchers to
encourage treatments for rare pediatric
diseases.
Sec. 6605. Limitations on exclusive approval or licensure of orphan
drugs.
Subtitle B--United States-Abraham Accords Cooperation and Security
Sec. 6611. Establishment of Abraham Accords Office within Food and Drug
Administration.
TITLE VII--LOWERING PRESCRIPTION DRUG COSTS
Sec. 6701. Oversight of pharmacy benefit management services.
Sec. 6702. Full rebate pass through to plan; exception for innocent
plan fiduciaries.
Sec. 6703. Increasing transparency in generic drug applications.
TITLE I--MEDICAID
SEC. 6101. STREAMLINED ENROLLMENT PROCESS FOR ELIGIBLE OUT-OF-STATE
PROVIDERS UNDER MEDICAID AND CHIP.
a
In General.--Section 1902(kk) of the Social Security Act (42
U.S.C. 1396a(kk)) is amended by adding at the end the following new
paragraph:
``(10) Streamlined enrollment process for eligible out-of-
state providers.--
``(A) In general.--The State--
``(i) adopts and implements a process to
allow an eligible out-of-State provider to
enroll under the State plan (or a waiver of
such plan) to furnish items and services to, or
order, prescribe, refer, or certify eligibility
for items and services for, qualifying
individuals without the imposition of screening
or enrollment requirements by such State that
exceed the minimum necessary for such State to
provide payment to an eligible out-of-State
provider under such State plan (or a waiver of
such plan), such as the provider's name and
National Provider Identifier (and such other
information specified by the Secretary); and
``(ii) provides that an eligible out-of-
State provider that enrolls as a participating
provider in the State plan (or a waiver of such
plan) through such process shall be so enrolled
for a 5-year period, unless the provider is
terminated or excluded from participation
during such period.
``(B) Definitions.--In this paragraph:
``(i) Eligible out-of-state provider.--The
term `eligible out-of-State provider' means,
with respect to a State, a provider--
``(I) that is located in any other
State;
``(II) that--
``(aa) was determined by
the Secretary to have a limited
risk of fraud, waste, and abuse
for purposes of determining the
level of screening to be
conducted under section
1866(j)(2), has been so
screened under such section
1866(j)(2), and is enrolled in
the Medicare program under
title XVIII; or
``(bb) was determined by
the State agency administering
or supervising the
administration of the State
plan (or a waiver of such plan)
of such other State to have a
limited risk of fraud, waste,
and abuse for purposes of
determining the level of
screening to be conducted under
paragraph (1) of this
subsection, has been so
screened under such paragraph
(1), and is enrolled under such
State plan (or a waiver of such
plan); and
``(III) that has not been--
``(aa) excluded from
participation in any Federal
health care program pursuant to
section 1128 or 1128A;
``(bb) excluded from
participation in the State plan
(or a waiver of such plan)
pursuant to part 1002 of title
42, Code of Federal Regulations
(or any successor regulation),
or State law; or
``(cc) terminated from
participating in a Federal
health care program or the
State plan (or a waiver of such
plan) for a reason described in
paragraph (8)(A).
``(ii) Qualifying individual.--The term
`qualifying individual' means an individual
under 21 years of age who is enrolled under the
State plan (or waiver of such plan).
``(iii) State.--The term `State' means 1 of
the 50 States or the District of Columbia.''.
b
Conforming Amendments.--
(1) Section 1902(a)(77) of the Social Security Act (42
U.S.C. 1396a(a)(77)) is amended by inserting ``enrollment,''
after ``screening,''.
(2) The subsection heading for section 1902(kk) of such Act
(42 U.S.C. 1396a(kk)) is amended by inserting ``enrollment,''
after ``screening,''.
(3) Section 2107(e)(1)(G) of such Act (42 U.S.C.
1397gg(e)(1)(G)) is amended by inserting ``enrollment,'' after
``screening,''.
c
Effective Date.--The amendments made by this section shall take
effect on the date that is 3 years after the date of enactment of this
Act.
SEC. 6102. REMOVING CERTAIN AGE RESTRICTIONS ON MEDICAID ELIGIBILITY
FOR WORKING ADULTS WITH DISABILITIES.
a
Modification of Optional Buy-in Groups.--
(1) In general.--Section 1902(a)(10)(A)(ii) of the Social
Security Act (42 U.S.C. 1396a(a)(10)(A)(ii)) is amended--
(A) in subclause (XV)--
i
by striking ``, but less than 65,'';
and
(ii) by inserting ``, including at least
the group described in section 1905(a)(xviii)''
before the semicolon at the end; and
(B) in subclause (XVI), by inserting ``including at
least the group described in section 1905(a)(xii),''
after ``the State may establish,''.
(2) Individuals described.--Section 1905(a) of the Social
Security Act (42 U.S.C. 1396d(a)) is amended--
(A) in clause (xvi), by striking ``or'' at the end;
(B) in clause (xvii), by adding ``or'' after the
comma at the end; and
(C) by adding after clause (xvii) the following new
clause:
``(xviii) individuals who, but for earnings
in excess of the limit established under
subsection (q)(2)(B), would be considered to be
receiving supplemental security income, and who
are at least 16 years of age,''.
(3) Definition modification.--Section 1905(v)(1)(A) of the
Social Security Act (42 U.S.C. 1396d(v)(1)(A)) is amended by
striking ``, but less than 65,''.
b
Application to Certain States.--A State that, as of the date of
enactment of this Act, provides for making medical assistance available
to individuals described in subclause (XV) or (XVI) of section
1902(a)(10)(A)(ii) of the Social Security Act (42 U.S.C.
1396a(a)(10)(A)(ii)) shall not be regarded as failing to comply with
the requirements of the amendments made by subsection (a) before
January 1, 2028.
SEC. 6103. MEDICAID STATE PLAN REQUIREMENT FOR DETERMINING RESIDENCY
AND COVERAGE FOR MILITARY FAMILIES.
a
In General.--Section 1902 of the Social Security Act (42 U.S.C.
1396a) is amended--
(1) in subsection (a)--
(A) in paragraph (88), by striking ``and'' at the
end;
(B) in paragraph (89), by striking the period at
the end and inserting ``; and''; and
(C) by inserting after paragraph (89), the
following new paragraph:
``(90) beginning January 1, 2030, provide, with respect to
an active duty relocated individual (as defined in subsection
(yy)(1))--
``(A) that, for purposes of determining eligibility
for medical assistance under the State plan (or waiver
of such plan), such active duty relocated individual is
treated as a resident of the State unless such
individual voluntarily elects not to be so treated for
such purposes;
``(B) that if, at the time of relocation (as
described in subsection (yy)(1)), such active duty
relocated individual is on a home and community-based
services waiting list (as defined in subsection
(yy)(2)), such individual remains on such list until--
``(i) the State completes an assessment and
renders a decision with respect to the
eligibility of such individual to receive the
relevant home and community-based services at
the time a slot for such services becomes
available and, in the case such decision is a
denial of such eligibility, such individual has
exhausted the individual's opportunity for a
fair hearing; or
``(ii) such individual elects to be removed
from such list; and
``(C) payment for medical assistance furnished
under the State plan (or a waiver of the plan) on
behalf of such active duty relocated individual in the
military service relocation State (as referred to in
subsection (yy)(1)(B)(i)), to the extent that such
assistance is available in such military service
relocation State in accordance with such guidance as
the Secretary may issue to ensure access to such
assistance.''; and
(2) by adding at the end the following new subsection:
``(yy) Active Duty Relocated Individual; Home and Community-based
Services Waiting List.--For purposes of subsection (a)(90) and this
subsection:
``(1) Active duty relocated individual.--The term `active
duty relocated individual' means an individual--
``(A) who--
``(i) is enrolled under the State plan (or
waiver of such plan); or
``(ii) with respect to an individual
described in subparagraph (C)(ii), would be so
enrolled pursuant to subsection
a
(10)(A)(ii)(VI) if such individual began
receiving home and community-based services;
``(B) who--
``(i) is a member of the Armed Forces
engaged in active duty service and is relocated
to another State (in this subsection referred
to as the `military service relocation State')
by reason of such service;
``(ii) would be described in clause (i)
except that the individual stopped being
engaged in active duty service (including by
reason of retirement from such service) and the
last day on which the individual was engaged in
active duty service occurred not more than 12
months ago; or
``(iii) is a dependent (as defined by the
Secretary) of a member described in clause (i)
or (ii) who relocates to the military service
relocation State with such member; and
``(C) who--
``(i) was receiving home and community-
based services (as defined in section
9817(a)(2)(B) of the American Rescue Plan Act
of 2021) at the time of such relocation; or
``(ii) if the State maintains a home and
community-based services waiting list, was on
such home and community-based services waiting
list at the time of such relocation.
``(2) Home and community-based services waiting list.--The
term `home and community-based services waiting list' means, in
the case of a State that has a limit on the number of
individuals who may receive home and community-based services
under section 1115(a) or section 1915(c), a list maintained by
such State of individuals who are requesting to receive such
services under 1 or more such sections but for whom the State
has not yet completed an assessment and rendered a decision
with respect to the eligibility of such individuals to receive
the relevant home and community-based services at the time a
slot for such services becomes available due to such limit.''.
b
Implementation Funding.--There are appropriated, out of any
funds in the Treasury not otherwise obligated, $1,000,000 for each of
fiscal years 2026 through 2030, to remain available until expended, to
the Secretary of Health and Human Services for purposes of implementing
the amendments made by subsection (a).
SEC. 6104. STATE STUDIES AND HHS REPORT ON COSTS OF PROVIDING
MATERNITY, LABOR, AND DELIVERY SERVICES.
a
State Study.--
(1) In general.--Not later than 30 months after the date of
enactment of this Act, and every 5 years thereafter, each State
(as such term is defined in section 1101(a)(1) of the Social
Security Act (42 U.S.C. 1301(a)(1)) for purposes of titles XIX
and XXI of such Act) shall conduct a study on the costs of
providing maternity, labor, and delivery services in applicable
hospitals (as defined in paragraph (3)) and submit the results
of such study to the Secretary of Health and Human Services
(referred to in this section as the ``Secretary'') in such form
and manner as the Secretary requires.
(2) Content of study.--A State study required under
paragraph (1) shall include the following information (to the
extent practicable and as further defined by the Secretary)
with respect to maternity, labor, and delivery services
furnished by applicable hospitals located in the State:
(A) An estimate of the cost of providing maternity,
labor, and delivery services at applicable hospitals,
based on the expenditures a representative sample of
such hospitals incurred for providing such services
during the 2 most recent years for which data is
available.
(B) An estimate of the cost of providing maternity,
labor, and delivery services at hospitals that would be
applicable hospitals (as defined in paragraph (3)) if
not for ceasing to provide labor and delivery services
within the past 5 years, based on the expenditures a
representative sample of such hospitals incurred for
providing such services during the 2 most recent years
for which data is available.
(C) To the extent data allow, an analysis of the
extent to which geographic location, community
demographics, and local economic factors (as defined by
the Secretary) affect the cost of providing maternity,
labor, and delivery services at applicable hospitals
described in subparagraphs (A) and (B), including the
cost of services that support the provision of
maternity, labor, and delivery services.
(D) The amounts applicable hospitals are paid for
maternity, labor, and delivery services, by geographic
location and hospital size, under--
i
parts A and B of the Medicare program;
(ii) the State Medicaid program, including
payment amounts for such services under fee-
for-service payment arrangements and under
managed care (as applicable);
(iii) the State CHIP plan, including
payment amounts for such services under fee-
for-service payment arrangements and under
managed care (as applicable); and
(iv) private health insurance.
(E) A comparative payment rate analysis--
i
comparing payment rates for maternity,
labor, and delivery services (inclusive of all
payments received by applicable hospitals for
furnishing maternity, labor, and delivery
services) under the State Medicaid fee-for-
service program to such payment rates for such
services under Medicare (including those
described in paragraphs (2) and (3) of section
447.203(b) of title 42, Code of Federal
Regulations), and, to the extent data is
available, such payment rates for such services
under Medicaid managed care and private health
insurers within geographic areas of the State;
and
(ii) analyzing different payment methods
for such services, such as the use of bundled
payments, quality incentives, and low-volume
adjustments.
(F) An evaluation, using such methodology and
parameters established by the Secretary, of whether
each hospital located in the State that furnishes
maternity, labor, and delivery services is expected to
experience in the next 3 years significant changes in
particular expenditures or types of reimbursement for
maternity, labor, and delivery services.
(3) Applicable hospital defined.--For purposes of this
subsection, the term ``applicable hospital'' means any hospital
located in a State that meets either of the following criteria:
(A) The hospital provides labor and delivery
services and more than 50 percent of the hospital's
births (in the most recent year for which such data is
available) are financed by the Medicaid program or
CHIP.
(B) The hospital--
i
is located in a rural area (as defined
by the Federal Office of Rural Health Policy
for the purpose of rural health grant programs
administered by such Office);
(ii) based on the most recent 2 years of
data available (as determined by the
Secretary), furnished services for less than an
average of 300 births per year; and
(iii) provides labor and delivery services.
(4) Assistance to small hospitals in compiling cost
information.--There are appropriated to the Secretary for
fiscal year 2026, $10,000,000 for the purpose of providing
grants and technical assistance to a hospital described in
paragraph (3)(B) to enable such hospital to compile detailed
information for use in the State studies required under
paragraph (1), to remain available until expended.
(5) HHS report on state studies.--For each year in which a
State is required to conduct a study under paragraph (1), the
Secretary shall issue, not later than 18 months after the date
on which the State submits to the Secretary the data described
in such paragraph, a publicly available report that compiles
and details the results of such study and includes the
information described in paragraph (2).
b
HHS Report on National Data Collection Findings.--Not later
than 3 years and 6 months after the date of enactment of this Act, the
Secretary shall submit to Congress, and make publicly available, a
report analyzing the first studies conducted by States under subsection
a
(1), including recommendations for improving data collection on the
cost of providing maternity, labor, and delivery services.
c
Implementation Funding.--In addition to the amount appropriated
under subsection (a)(4), there are appropriated, out of any funds in
the Treasury not otherwise obligated, $3,000,000 for fiscal year 2026,
to remain available until expended, to the Secretary of Health and
Human Services for purposes of implementing this section.
SEC. 6105. MODIFYING CERTAIN DISPROPORTIONATE SHARE HOSPITAL
ALLOTMENTS.
a
Extending Tennessee DSH Allotments.--Section 1923(f)(6)(A)(vi)
of the Social Security Act (42 U.S.C. 1396r-4(f)(6)(A)(vi)) is
amended--
(1) in the heading, by striking ``2025 and a portion of
fiscal year 2026'' and inserting ``2027''; and
(2) by inserting ``, and the DSH allotment for Tennessee
for the portion of fiscal year 2026 beginning on January 31,
2026, and ending September 30, 2026, shall be $35,351,507,
which may be claimed as fiscal year 2026 uncompensated care
costs, and the DSH allotment for Tennessee for fiscal year
2027, shall be $53,100,000'' before the period.
b
Eliminating Certain DSH Allotment Reductions.--Section
1923(f)(7)(A) of the Social Security Act (42 U.S.C. 1396r-4(f)(7)(A))
is amended--
(1) in clause (i)--
(A) in the matter preceding subclause (I), by
striking ``the period beginning January 31, 2026, and
ending September 30, 2026, and for each of fiscal years
2027 and 2028'' and inserting ``fiscal year 2028'';
(B) in subclause (I), by striking ``or period'';
and
(C) in subclause (II), by striking ``or period''
each place it appears; and
(2) in clause (ii), by striking ``the period beginning
January 31, 2026, and ending September 30, 2026, and for each
of fiscal years 2027 and 2028'' and inserting ``fiscal year
2028''.
SEC. 6106. MODIFYING CERTAIN LIMITATIONS ON DISPROPORTIONATE SHARE
HOSPITAL PAYMENT ADJUSTMENTS UNDER THE MEDICAID PROGRAM.
a
In General.--Section 1923(g) of the Social Security Act (42
U.S.C. 1396r-4(g)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (A)--
i
in the matter preceding clause (i), by
striking ``(other than a hospital described in
paragraph (2)(B))'';
(ii) in clause (i), by inserting ``with
respect to such hospital and year'' after
``described in subparagraph (B)''; and
(iii) in clause (ii)--
(I) in subclause (I), by striking
``and'' at the end;
(II) in subclause (II), by striking
the period and inserting ``; and''; and
(III) by adding at the end the
following new subclause:
``(III) payments made under title
XVIII or by an applicable plan (as
defined in section 1862(b)(8)(F)) for
such services.''; and
(B) in subparagraph (B)--
i
in the matter preceding clause (i), by
striking ``in this clause are'' and inserting
``in this subparagraph are, with respect to a
hospital and a year,''; and
(ii) by adding at the end the following new
clause:
``(iii) Individuals who are eligible for
medical assistance under the State plan or
under a waiver of such plan and for whom the
State plan or waiver is a payor for such
services after application of benefits under
title XVIII or under an applicable plan (as
defined in section 1862(b)(8)(F)), but only if
the hospital has in the aggregate incurred
costs exceeding payments under such State plan,
waiver, title XVIII, or applicable plan for
such services furnished to such individuals
during such year.'';
(2) by striking paragraph (2);
(3) by redesignating paragraph (3) as paragraph (2); and
(4) in paragraph (2), as so redesignated, by striking
``Notwithstanding paragraph (2) of this subsection (as in
effect on October 1, 2021), paragraph (2)'' and inserting
``Paragraph (2)''.
b
Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply to payment
adjustments made under section 1923 of the Social Security Act
(42 U.S.C. 1396r-4) for Medicaid State plan rate years
beginning on or after the date of enactment of this Act.
(2) State option to distribute unspent dsh allotments from
prior years up to modified cap.--
(A) In general.--If, for any Medicaid State plan
rate year that begins on or after October 1, 2022, and
before the date of enactment of this Act, a State did
not spend the full amount of its Federal fiscal year
allotment under section 1923 of the Social Security Act
(42 U.S.C. 1396r-4) applicable to that State plan rate
year, the State may use the unspent portion of such
allotment to increase the amount of any payment
adjustment made to a hospital for such rate year,
provided that--
i
such payment adjustment (as so
increased) is consistent with subsection (g) of
such section (as amended by this section); and
(ii) the total amount of all payment
adjustments for the State plan rate year (as so
increased) does not exceed the disproportionate
share hospital allotment for the State and
applicable Federal fiscal year under subsection
f
of such section.
(B) No recoupment of payments already made to
hospitals.--A State shall not recoup any payment
adjustment made by the State to a hospital for a
Medicaid State plan rate year described in subparagraph
(A) if such payment adjustment is consistent with
section 1923(g) of such Act (42 U.S.C. 1396r-4(g)) as
in effect on October 1, 2021.
(C) Authority to permit retroactive modification of
state plan amendments to allow for increases.--
i
In general.--Subject to clause (ii),
solely for the purpose of allowing a State to
increase the amount of a payment adjustment to
a hospital for a Medicaid State plan rate year
described in subparagraph (A) pursuant to this
paragraph, a State may retroactively modify a
provision of the Medicaid State plan, a waiver
of such plan, or a State plan amendment that
relates to such rate year and the Secretary may
approve such modification.
(ii) Deadline.--A State may not submit a
request for approval of a retroactive
modification to a provision of the Medicaid
State plan, a waiver of such plan, or a State
plan amendment for a Medicaid State plan rate
year after the date by which the State is
required to submit the independent certified
audit for such State plan rate year as required
under section 1923(j)(2) of the Social Security
Act (42 U.S.C. 1396r-4(j)(2)).
(D) Reporting.--If a State increases a payment
adjustment made to a hospital for a Medicaid State plan
rate year pursuant to this paragraph, the State shall
include information in such form and manner as the
Secretary shall specify on such increased payment
adjustment as part of the annual report submitted by
the State under section 1923(j)(1) of the Social
Security Act (42 U.S.C. 1396r-4(j)(1)) for such State
plan rate year or, if necessary, as determined by the
Secretary, in an amendment to such annual report.
TITLE II--MEDICARE
SEC. 6201. EXTENSION OF INCREASED INPATIENT HOSPITAL PAYMENT ADJUSTMENT
FOR CERTAIN LOW-VOLUME HOSPITALS.
a
In General.--Section 1886(d)(12) of the Social Security Act (42
U.S.C. 1395ww(d)(12)) is amended--
(1) in subparagraph (B), by striking ``during the portion
of fiscal year 2026 beginning on January 31, 2026, and ending
on September 30, 2026, and in fiscal year 2027'' and inserting
``during the portion of fiscal year 2027 beginning on January
1, 2027, and ending on September 30, 2027, and in fiscal year
2028'';
(2) in subparagraph (C)(i)--
(A) in the matter preceding subclause (I), by
striking ``through 2025 and the portion of fiscal year
2026 beginning on October 1, 2025, and ending on
January 30, 2026'' and inserting ``through 2026 and the
portion of fiscal year 2027 beginning on October 1,
2026, and ending on December 31, 2026'';
(B) in subclause (III), by striking ``through 2025
and the portion of fiscal year 2026 beginning on
October 1, 2025, and ending on January 30, 2026'' and
inserting ``through 2026 and the portion of fiscal year
2027 beginning on October 1, 2026, and ending on
December 31, 2026''; and
(C) in subclause (IV), by striking ``the portion of
fiscal year 2026 beginning on January 31, 2026, and
ending on September 30, 2026, and fiscal year 2027''
and inserting ``the portion of fiscal year 2027
beginning on January 1, 2027, and ending on September
30, 2027, and fiscal year 2028''; and
(3) in subparagraph (D)--
(A) in the matter preceding clause (i), by striking
``through 2025 or during the portion of fiscal year
2026 beginning on October 1, 2025, and ending on
January 30, 2026'' and inserting ``through 2026 or
during the portion of fiscal year 2027 beginning on
October 1, 2026, and ending on December 31, 2026''; and
(B) in clause (ii), by striking ``through 2025 and
the portion of fiscal year 2026 beginning on October 1,
2025, and ending on January 30, 2026'' and inserting
``through 2026 and the portion of fiscal year 2027
beginning on October 1, 2026, and ending on December
31, 2026''.
b
Implementation.--Notwithstanding any other provision of law,
the Secretary of Health and Human Services may implement the amendments
made by this section by program instruction or otherwise.
SEC. 6202. EXTENSION OF THE MEDICARE-DEPENDENT HOSPITAL (MDH) PROGRAM.
a
In General.--Section 1886(d)(5)(G) of the Social Security Act
(42 U.S.C. 1395ww(d)(5)(G)) is amended--
(1) in clause (i), by striking ``January 31, 2026'' and
inserting ``January 1, 2027''; and
(2) in clause (ii)(II), by striking ``January 31, 2026''
and inserting ``January 1, 2027''.
b
Conforming Amendments.--
(1) In general.--Section 1886(b)(3)(D) of the Social
Security Act (42 U.S.C. 1395ww(b)(3)(D)) is amended--
(A) in the matter preceding clause (i), by striking
``January 31, 2026'' and inserting ``January 1, 2027'';
and
(B) in clause (iv), by striking ``through fiscal
year 2025 and the portion of fiscal year 2026 beginning
on October 1, 2025, and ending on January 30, 2026''
and inserting ``through fiscal year 2026 and the
portion of fiscal year 2027 beginning on October 1,
2026, and ending on December 31, 2026''.
(2) Permitting hospitals to decline reclassification.--
Section 13501(e)(2) of the Omnibus Budget Reconciliation Act of
1993 (42 U.S.C. 1395ww note) is amended by striking ``through
fiscal year 2025, or the portion of fiscal year 2026 beginning
on October 1, 2025, and ending on January 30, 2026'' and
inserting ``through fiscal year 2026, or the portion of fiscal
year 2027 beginning on October 1, 2026, and ending on December
31, 2026''.
SEC. 6203. EXTENSION OF ADD-ON PAYMENTS FOR AMBULANCE SERVICES.
Section 1834(l) of the Social Security Act (42 U.S.C. 1395m(l)) is
amended--
(1) in paragraph (12)(A), by striking ``January 31, 2026''
and inserting ``January 1, 2028''; and
(2) in paragraph (13), by striking ``January 31, 2026''
each place it appears and inserting ``January 1, 2028'' in each
such place.
SEC. 6204. EXTENDING INCENTIVE PAYMENTS FOR PARTICIPATION IN ELIGIBLE
ALTERNATIVE PAYMENT MODELS.
a
In General.--Section 1833(z) of the Social Security Act (42
U.S.C. 1395l(z)) is amended--
(1) in paragraph (1)(A)--
(A) by inserting ``, and during 2028,'' after
``with 2026''; and
(B) by inserting ``, or, with respect to 2028, 3.1
percent'' after ``1.88 percent'';
(2) in paragraph (2)--
(A) in subparagraph (B)--
i
in the heading, by inserting ``and
2028'' after ``2026''; and
(ii) in the matter preceding clause (i), by
inserting ``and 2028'' after ``2026'';
(B) in subparagraph (C)--
i
in the heading, by striking ``Beginning
in 2027'' and inserting ``2027 and 2029 and
subsequent years''; and
(ii) in the matter preceding clause (i), by
inserting ``and 2029'' after ``2027''; and
(C) in subparagraph (D), by striking ``and 2026''
and inserting ``2026, and 2028''; and
(3) in paragraph (4)(B), by inserting ``, or, with respect
to 2028, 3.1 percent'' after ``1.88 percent''.
b
Conforming Amendments.--Section 1848(q)(1)(C)(iii) of the
Social Security Act (42 U.S.C. 1395w-4(q)(1)(C)(iii)) is amended--
(1) in subclause (II), by inserting ``and 2028'' after
``2026''; and
(2) in subclause (III), by inserting ``and 2029'' after
``2027''.
SEC. 6205. EXTENSION OF FUNDING FOR QUALITY MEASURE ENDORSEMENT, INPUT,
AND SELECTION.
Section 1890(d)(2) of the Social Security Act (42 U.S.C.
1395aaa(d)(2)) is amended--
(1) in the first sentence--
(A) by striking ``and $13,300,000'' and inserting
``$13,300,000''; and
(B) by inserting the following before the period at
the end: ``, and $15,100,000 for fiscal year 2027'';
and
(2) in the third sentence, by striking ``and 2026'' and
inserting ``2026, and 2027''.
SEC. 6206. EXTENSION OF FUNDING OUTREACH AND ASSISTANCE FOR LOW-INCOME
PROGRAMS.
a
State Health Insurance Assistance Programs.--Subsection
a
(1)(B) of section 119 of the Medicare Improvements for Patients and
Providers Act of 2008 (42 U.S.C. 1395b-3 note) is amended--
(1) in clause (xiv), by striking ``and'' at the end;
(2) in clause (xv), by striking the period at the end and
inserting ``; and''; and
(3) by inserting after clause (xv) the following new
clause:
``(xvi) for the period beginning on January
31, 2026, and ending on December 31, 2027,
$30,000,000.''.
b
Area Agencies on Aging.--Subsection (b)(1)(B) of such section
119 is amended--
(1) in clause (xiv), by striking ``and'' at the end;
(2) in clause (xv), by striking the period at the end and
inserting ``; and''; and
(3) by inserting after clause (xv) the following new
clause:
``(xvi) for the period beginning on January
31, 2026, and ending on December 31, 2027,
$30,000,000.''.
c
Aging and Disability Resource Centers.--Subsection (c)(1)(B) of
such section 119 is amended--
(1) in clause (xiv), by striking ``and'' at the end;
(2) in clause (xv), by striking the period at the end and
inserting ``; and''; and
(3) by inserting after clause (xv) the following new
clause:
``(xvi) for the period beginning on January
31, 2026, and ending on December 31, 2027,
$10,000,000.''.
d
Coordination of Efforts to Inform Older Americans About
Benefits Available Under Federal and State Programs.--Subsection (d)(2)
of such section 119 is amended--
(1) in clause (xiv), by striking ``and'' at the end;
(2) in clause (xv), by striking the period at the end and
inserting ``; and''; and
(3) by inserting after clause (xv) the following new
clause:
``(xvi) for the period beginning on January 31,
2026, and ending on December 31, 2027, $30,000,000.''.
SEC. 6207. EXTENSION OF FUNDING FOR MEDICARE HOSPICE SURVEYS.
Section 3(a)(2) of the IMPACT Act of 2014 (Public Law 113-185), as
amended by section 6205 of division F of the Continuing Appropriations,
Agriculture, Legislative Branch, Military Construction and Veterans
Affairs, and Extensions Act, 2026 (Public Law 119-37), is amended--
(1) in subparagraph (B), by striking ``and'' at the end;
(2) in subparagraph (C), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(D) $4,400,000 for the period beginning on
January 31, 2026, and ending on December 31, 2026, to
remain available until expended.''.
SEC. 6208. EXTENSION OF THE WORK GEOGRAPHIC INDEX FLOOR.
Section 1848(e)(1)(E) of the Social Security Act (42 U.S.C. 1395w-
4(e)(1)(E)) is amended by striking ``January 31, 2026'' and inserting
``January 1, 2027''.
SEC. 6209. EXTENSION OF CERTAIN TELEHEALTH FLEXIBILITIES.
a
Removing Geographic Requirements and Expanding Originating
Sites for Telehealth Services.--Section 1834(m) of the Social Security
Act (42 U.S.C. 1395m(m)) is amended--
(1) in paragraph (2)(B)(iii), by striking ``ending January
30, 2026'' and inserting ``ending December 31, 2027''; and
(2) in paragraph (4)(C)(iii), by striking ``ending on
January 30, 2026'' and inserting ``ending on December 31,
2027''.
b
Expanding Practitioners Eligible to Furnish Telehealth
Services.--Section 1834(m)(4)(E) of the Social Security Act (42 U.S.C.
1395m(m)(4)(E)) is amended by striking ``ending on January 30, 2026''
and inserting ``ending on December 31, 2027''.
c
Extending Telehealth Services for Federally Qualified Health
Centers and Rural Health Clinics.--Section 1834(m)(8)(A) of the Social
Security Act (42 U.S.C. 1395m(m)(8)(A)) is amended by striking ``ending
on January 30, 2026'' and inserting ``ending on December 31, 2027''.
d
Delaying the In-person Requirements Under Medicare for Mental
Health Services Furnished Through Telehealth and Telecommunications
Technology.--
(1) Delay in requirements for mental health services
furnished through telehealth.--Section 1834(m)(7)(B)(i) of the
Social Security Act (42 U.S.C. 1395m(m)(7)(B)(i)) is amended,
in the matter preceding subclause (I), by striking ``on or
after January 31, 2026'' and inserting ``on or after January 1,
2028''.
(2) Mental health visits furnished by rural health
clinics.--Section 1834(y)(2) of the Social Security Act (42
U.S.C. 1395m(y)(2)) is amended by striking ``January 31, 2026''
and inserting ``January 1, 2028''.
(3) Mental health visits furnished by federally qualified
health centers.--Section 1834(o)(4)(B) of the Social Security
Act (42 U.S.C. 1395m(o)(4)(B)) is amended by striking ``January
31, 2026'' and inserting ``January 1, 2028''.
e
Allowing for the Furnishing of Audio-only Telehealth
Services.--Section 1834(m)(9) of the Social Security Act (42 U.S.C.
1395m(m)(9)) is amended by striking ``ending on January 30, 2026'' and
inserting ``ending on December 31, 2027''.
f
Extending Use of Telehealth to Conduct Face-to-face Encounter
Prior to Recertification of Eligibility for Hospice Care.--
(1) In general.--Section 1814(a)(7)(D)(i)(II) of the Social
Security Act (42 U.S.C. 1395f(a)(7)(D)(i)(II)) is amended--
(A) by striking ``ending on January 30, 2026'' and
inserting ``ending on December 31, 2027''; and
(B) by inserting ``, except that this subclause
shall not apply in the case of such an encounter with
an individual occurring on or after January 31, 2026,
if such individual is located in an area that is
subject to a moratorium on the enrollment of hospice
programs under this title pursuant to section
1866(j)(7), if such individual is receiving hospice
care from a provider that is subject to enhanced
oversight under this title pursuant to section
1866(j)(3), or if such encounter is performed by a
hospice physician or nurse practitioner who is not
enrolled under section 1866(j) and is not an opt-out
physician or practitioner (as defined in section
1802(b)(6)(D))'' before the semicolon.
(2) Requiring use of modifier.--Section
1814(a)(7)(D)(i)(II) of the Social Security Act (42 U.S.C.
1395f(a)(7)(D)(i)(II)), as amended by paragraph (1), is further
amended by inserting ``, but only if, in the case of such an
encounter occurring on or after January 1, 2027, any hospice
claim includes 1 or more modifiers or codes (as specified by
the Secretary) to indicate that such encounter was conducted
via telehealth'' after ``as determined appropriate by the
Secretary''.
g
Requiring Modifiers for Telehealth Services in Certain
Instances.--Section 1834(m) of the Social Security Act (42 U.S.C.
1395m(m)) is amended by adding at the end the following new paragraph:
``(10) Required use of modifiers in certain instances.--Not
later than January 1, 2027, the Secretary shall establish
requirements to include one or more codes or modifiers, as
determined appropriate by the Secretary, in the case of--
``(A) claims for telehealth services under this
subsection that are furnished through a telehealth
virtual platform--
``(i) by a physician or practitioner that
contracts with an entity that owns such virtual
platform; or
``(ii) for which a physician or
practitioner has a payment arrangement with an
entity for use of such virtual platform; and
``(B) claims for telehealth services under this
subsection that are furnished incident to a physician's
or practitioner's professional service.''.
h
Implementation.--Notwithstanding any other provision of law,
the Secretary of Health and Human Services may implement the amendments
made by this section by program instruction or otherwise.
SEC. 6210. EXTENDING ACUTE HOSPITAL CARE AT HOME WAIVER FLEXIBILITIES.
a
In General.--Section 1866G(a)(1) of the Social Security Act (42
U.S.C. 1395cc-7(a)(1)) is amended by striking ``January 30, 2026'' and
inserting ``September 30, 2030''.
b
Requiring Additional Study and Report.--Section 1866G of the
Social Security Act (42 U.S.C. 1395cc-7) is amended--
(1) in subsection (a)(3)(E)--
(A) in clause (ii), by striking ``the study
described in subsection (b)'' and inserting ``the
studies described in subsections (b) and (c)''; and
(B) by adding at the end the following new flush
sentence:
``The Secretary may require that such data and
information be submitted through a hospital's cost
report, through such survey instruments as the
Secretary may develop, through medical record
information, or through such other means as the
Secretary determines appropriate.'';
(2) in subsection (b)--
(A) in the subsection heading, by striking
``Study'' and inserting ``Initial Study''; and
(B) in paragraph (3), by striking ``subsection''
and inserting ``section'';
(3) by redesignating subsections (c) and (d) as subsections
d
and (e), respectively;
(4) by inserting after subsection (b) the following new
subsection:
``(c) Subsequent Study and Report.--
``(1) In general.--Not later than September 30, 2029, the
Secretary shall conduct a study to--
``(A) analyze, to the extent practicable, the
criteria established by hospitals under the Acute
Hospital Care at Home initiative to determine which
individuals may be furnished services under such
initiative; and
``(B) analyze and compare (both within and between
hospitals participating in the initiative, and relative
to comparable hospitals that do not participate in the
initiative, for relevant parameters such as diagnosis-
related groups)--
``(i) quality of care furnished to
individuals with similar conditions and
characteristics in the inpatient setting and
through the Acute Hospital Care at Home
initiative, including health outcomes, hospital
readmission rates (including readmissions both
within and beyond 30 days post-discharge),
hospital mortality rates, length of stay,
infection rates, composition of care team
(including the types of labor used, such as
contracted labor), the ratio of nursing staff,
transfers from the hospital to the home,
transfers from the home to the hospital
(including the timing, frequency, and causes of
such transfers), transfers and discharges to
post-acute care settings (including the timing,
frequency, and causes of such transfers and
discharges), and patient and caregiver
experience of care;
``(ii) clinical conditions treated and
diagnosis-related groups of discharges from
inpatient settings relative to discharges from
the Acute Hospital Care at Home initiative;
``(iii) costs incurred by the hospital for
furnishing care in inpatient settings relative
to costs incurred by the hospital for
furnishing care through the Acute Hospital Care
at Home initiative, including costs relating to
staffing, equipment, food, prescriptions, and
other services, as determined by the Secretary;
``(iv) the quantity, mix, and intensity of
services (such as in-person visits and virtual
contacts with patients and the intensity of
such services) furnished in inpatient settings
relative to the Acute Hospital Care at Home
initiative, and, to the extent practicable, the
nature and extent of family or caregiver
involvement;
``(v) socioeconomic information on
individuals treated in comparable inpatient
settings relative to the initiative, including
racial and ethnic data, income, housing,
geographic proximity to the brick-and-mortar
facility and whether such individuals are
dually eligible for benefits under this title
and title XIX; and
``(vi) the quality of care, outcomes,
costs, quantity and intensity of services, and
other relevant metrics between individuals who
entered into the Acute Hospital Care at Home
initiative directly from an emergency
department compared with individuals who
entered into the Acute Hospital Care at Home
initiative directly from an existing inpatient
stay in a hospital.
``(2) Selection bias.--In conducting the study under
paragraph (1), the Secretary shall, to the extent practicable,
analyze and compare individuals who participate and do not
participate in the initiative controlling for selection bias or
other factors that may impact the reliability of data.
``(3) Report.--Not later than September 30, 2029, the
Secretary of Health and Human Services shall--
``(A) submit to the Committee on Ways and Means of
the House of Representatives and the Committee on
Finance of the Senate a report on the study conducted
under paragraph (1); and
``(B) make such report publicly available on a
website of the Centers for Medicare & Medicaid
Services.
``(4) Funding.--In addition to amounts otherwise available,
there is appropriated to the Centers for Medicare & Medicaid
Services Program Management Account for fiscal year 2026, out
of any amounts in the Treasury not otherwise appropriated,
$2,500,000, to remain available until expended, for purposes of
carrying out this section.''; and
(5) in subsection (e), as redesignated by paragraph (3), by
striking ``and (b)(1)'' and inserting ``, (b)(1), and (c)(1)''.
SEC. 6211. IN-HOME CARDIOPULMONARY REHABILITATION FLEXIBILITY.
a
In General.--Section 1861(eee)(2)(A)(ii) of the Social Security
Act (42 U.S.C. 1395x(eee)(2)(A)(ii)) is amended by inserting
``(including, with respect to items and services furnished through
audio and video real-time communications technology (excluding audio-
only) on or after January 31, 2026, and before January 1, 2028, in the
home of an individual who is an outpatient of the hospital)'' after
``outpatient basis''.
b
Implementation.--Notwithstanding any other provision of law,
the Secretary of Health and Human Services may implement the amendment
made by subsection (a) by program instruction or otherwise.
SEC. 6212. ENHANCING CERTAIN PROGRAM INTEGRITY REQUIREMENTS FOR DME
UNDER MEDICARE.
a
Durable Medical Equipment.--
(1) In general.--Section 1834(a) of the Social Security Act
(42 U.S.C. 1395m(a)) is amended by adding at the end the
following new paragraph:
``(23) Master list inclusion and claim review for certain
items.--
``(A) Master list inclusion.--Beginning January 1,
2029, for purposes of the Master List described in
section 414.234(b) of title 42, Code of Federal
Regulations (or any successor regulation), in
determining which items have aberrant billing patterns
(as such term is used for purposes of such section),
the Secretary shall also treat an item for which
payment may be made under this subsection as having
such an aberrant billing pattern if the Secretary
determines that, without explanatory contributing
factors (such as furnishing emergent care services), a
substantial number of claims for such items under this
subsection are for such items ordered by a physician or
practitioner who has not previously (during a period of
not less than 24 months, as established by the
Secretary) furnished to the individual involved any
item or service for which payment may be made under
this title.
``(B) Claim review.--With respect to items
furnished on or after January 1, 2029, that are
included on the Master List pursuant to subparagraph
(A), if such an item is not subject to a determination
of coverage in advance pursuant to paragraph (15)(C),
the Secretary may conduct prepayment review of claims
for payment for such item.''.
(2) Conforming amendment for prosthetic devices, orthotics,
and prosthetics.--Section 1834(h)(3) of the Social Security Act
(42 U.S.C. 1395m(h)(3)) is amended by inserting ``, and
paragraph (23) of subsection (a) shall apply to prosthetic
devices, orthotics, and prosthetics in the same manner as such
provision applies to items for which payment may be made under
such subsection'' before the period at the end.
b
Report on Identifying Clinical Diagnostic Laboratory Tests at
High Risk for Fraud and Effective Mitigation Measures.--Not later than
January 1, 2028, the Inspector General of the Department of Health and
Human Services shall submit to Congress a report assessing fraud risks
relating to clinical diagnostic laboratory tests for which payment may
be made under section 1834A of the Social Security Act (42 U.S.C.
1395m-1) and effective tools for reducing such fraudulent claims. The
report may include, at the Inspector General's discretion--
(1) which, if any, clinical diagnostic laboratory tests are
identified as being at high risk of fraudulent claims, and an
analysis of the factors that contribute to such risk;
(2) with respect to a clinical diagnostic laboratory test
identified under paragraph (1) as being at high risk of
fraudulent claims--
(A) the amount payable under such section 1834A
with respect to such test;
(B) the number of such tests furnished to
individuals enrolled under part B of title XVIII of the
Social Security Act (42 U.S.C. 1395j et seq.);
(C) whether an order for such a test was more
likely to come from a provider with whom the individual
involved did not have a prior relationship, as
determined on the basis of prior payment experience;
and
(D) the frequency with which a claim for payment
under such section 1834A included the payment modifier
identified by code 59 or 91; and
(3) suggested strategies for reducing the number of
fraudulent claims made with respect to tests so identified as
being at high risk, including--
(A) an analysis of whether the Centers for Medicare
& Medicaid Services can detect aberrant billing
patterns with respect to such tests in a timely manner;
(B) any strategies for identifying and monitoring
the providers who are outliers with respect to the
number of such tests that such providers order; and
(C) targeted education efforts to mitigate improper
billing for such tests; and
(4) such other information as the Inspector General
determines appropriate.
c
Funding.--In addition to amounts otherwise available, there is
appropriated to the Inspector General of the Department of Health and
Human Services, out of any money in the Treasury not otherwise
appropriated, $1,200,000 for fiscal year 2026, to remain available
until expended, to carry out this section.
SEC. 6213. GUIDANCE ON FURNISHING SERVICES VIA TELEHEALTH TO
INDIVIDUALS WITH LIMITED ENGLISH PROFICIENCY.
a
In General.--Not later than 1 year after the date of enactment
of this section, the Secretary of Health and Human Services, in
consultation with 1 or more entities from each of the categories
described in paragraphs (1) through (7) of subsection (b), shall issue
and disseminate, or update and revise as applicable, guidance for the
entities described in such subsection on the following:
(1) Best practices on facilitating and integrating use of
interpreters during a telemedicine appointment.
(2) Best practices on providing accessible instructions on
how to access telecommunications systems (as such term is used
for purposes of section 1834(m) of the Social Security Act (42
U.S.C. 1395m(m)) for individuals with limited English
proficiency.
(3) Best practices on improving access to digital patient
portals for individuals with limited English proficiency.
(4) Best practices on integrating the use of video
platforms that enable multi-person video calls furnished via a
telecommunications system for purposes of providing
interpretation during a telemedicine appointment for an
individual with limited English proficiency.
(5) Best practices for providing patient materials,
communications, and instructions in multiple languages,
including text message appointment reminders and prescription
information.
b
Entities Described.--For purposes of subsection (a), an entity
described in this subsection is an entity in 1 or more of the following
categories:
(1) Health information technology service providers,
including--
(A) electronic medical record companies;
(B) remote patient monitoring companies; and
(C) telehealth or mobile health vendors and
companies.
(2) Health care providers, including--
(A) physicians; and
(B) hospitals.
(3) Health insurers.
(4) Language service companies.
(5) Interpreter or translator professional associations.
(6) Health and language services quality certification
organizations.
(7) Patient and consumer advocates, including such
advocates that work with individuals with limited English
proficiency.
SEC. 6214. INCLUSION OF VIRTUAL DIABETES PREVENTION PROGRAM SUPPLIERS
IN MDPP EXPANDED MODEL.
a
In General.--For the period beginning on January 1, 2026, and
ending on December 31, 2029--
(1) an entity may participate in the MDPP by offering only
MDPP services via distance learning or online delivery
modalities if such entity meets the conditions for enrollment
as an MDPP supplier;
(2) if an entity participates in the MDPP in the manner
described in paragraph (1), in the case of online MDPP services
furnished by such entity to an MDPP beneficiary who was not
located in the same State as the entity at the time such
services were furnished, the entity shall not be prohibited
from submitting a claim for payment for such services solely by
reason of the location of such beneficiary at such time; and
(3) no limit is applied on the number of times an
individual may enroll in the MDPP.
b
Definitions.--In this section:
(1) MDPP.--The term ``MDPP'' means the Medicare Diabetes
Prevention Program (as such term is defined in section
410.79(b) of title 42, Code of Federal Regulations).
(2) Regulatory terms.--The terms ``distance learning'',
``MDPP beneficiary'', ``MDPP services'', ``MDPP supplier'', and
``online'' have the meanings given such terms in section
410.79(b) of title 42, Code of Federal Regulations.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
c
Implementation.--Notwithstanding any other provision of law,
the Secretary may implement this section by program instruction or
otherwise.
SEC. 6215. MEDICATION-INDUCED MOVEMENT DISORDER OUTREACH AND EDUCATION.
Not later than January 1, 2028, the Secretary of Health and Human
Services shall use existing communications mechanisms to provide
education and outreach to physicians and appropriate non-physician
practitioners participating under the Medicare program under title
XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) with respect
to periodic screening for medication-induced movement disorders that
are associated with the treatment of mental health disorders in at-risk
patients, as well as resources related to clinical guidelines and best
practices for furnishing such screening services through telehealth.
Such education and outreach shall include information on how to account
for such screening services in evaluation and management code
selection. The Secretary shall, to the extent practicable, seek input
from relevant stakeholders to inform such education and outreach. Such
education and outreach may also address other relevant screening
services furnished through telehealth, as the Secretary determines
appropriate.
SEC. 6216. REPORT ON WEARABLE MEDICAL DEVICES.
Not later than 18 months after the date of the enactment of this
Act, the Comptroller General of the United States shall conduct a
technology assessment of, and submit to Congress a report on, the
capabilities and limitations of wearable medical devices used to
support clinical decision-making. Such report shall include a
description of--
(1) the potential for such devices to accurately prescribe
treatments;
(2) an examination of the benefits and challenges of
artificial intelligence to augment such capabilities; and
(3) policy options to enhance the benefits and mitigate
potential challenges of developing or using such devices.
SEC. 6217. EXTENSION OF TEMPORARY INCLUSION OF AUTHORIZED ORAL
ANTIVIRAL DRUGS AS COVERED PART D DRUGS.
Section 1860D-2(e)(1)(C) of the Social Security Act (42 U.S.C.
1395w-102(e)(1)(C)) is amended by striking ``January 30, 2026'' and
inserting ``December 31, 2026''.
SEC. 6218. EXTENSION OF ADJUSTMENT TO CALCULATION OF HOSPICE CAP AMOUNT
UNDER MEDICARE.
Section 1814(i)(2)(B) of the Social Security Act (42 U.S.C.
1395f(i)(2)(B)) is amended--
(1) in clause (ii), by striking ``2033'' and inserting
``2035''; and
(2) in clause (iii), by striking ``2033'' and inserting
``2035''.
SEC. 6219. ADJUSTMENTS TO MEDICARE PART D COST-SHARING REDUCTIONS FOR
LOW-INCOME INDIVIDUALS.
Section 1860D-14(a) of the Social Security Act (42 U.S.C. 1395w-
114(a)) is amended--
(1) in paragraph (1)(D)(ii), by striking ``that does not
exceed $1 for'' and all that follows through the period at the
end and inserting "that does not exceed-- ``
``(I) for a plan year before 2028--
``(aa) for a generic drug
or a preferred drug that is a
multiple source drug (as
defined in section
1927(k)(7)(A)(i)), $1 or, if
less, the copayment amount
applicable to an individual
under clause (iii); and
``(bb) for any other drug,
$3 or, if less, the copayment
amount applicable to an
individual under clause (iii);
and
``(II) for plan year 2028 and each
subsequent plan year--
``(aa) for a generic drug,
$0;
``(bb) for a preferred drug
that is a multiple source drug
(as defined in section
1927(k)(7)(A)(i)), the dollar
amount applied under this
clause for such a drug for the
preceding plan year, increased
by the annual percentage
increase in the consumer price
index (all items; U.S. city
average) as of September of
such preceding year, or, if
less, the copayment amount
applicable to an individual
under clause (iii); and
``(cc) for a drug not
described in either item (aa)
or (bb), the dollar amount
applied under this clause for
such a drug for the preceding
plan year, increased in the
manner specified in item (bb),
or, if less, the copayment
amount applicable to an
individual under clause (iii).
Any amount established under item (bb) or (cc)
of subclause (II), that is based on an increase
of $1 or $3, that is not a multiple of 5 cents
or 10 cents, respectively, shall be rounded to
the nearest multiple of 5 cents or 10 cents,
respectively.''; and
(2) in paragraph (4)(A)(ii), by inserting ``(before 2028)''
after ``a subsequent year''.
SEC. 6220. REQUIRING ENHANCED AND ACCURATE LISTS OF (REAL) HEALTH
PROVIDERS ACT.
a
In General.--Section 1852(c) of the Social Security Act (42
U.S.C. 1395w-22(c)) is amended--
(1) in paragraph (1)(C)--
(A) by striking ``plan, and any'' and inserting
``plan, any''; and
(B) by inserting the following before the period:
``, and, in the case of a specified MA plan (as defined
in paragraph (3)(C)), for plan year 2028 and subsequent
plan years, the information described in paragraph
(3)(B)''; and
(2) by adding at the end the following new paragraph:
``(3) Provider directory accuracy.--
``(A) In general.--For plan year 2028 and
subsequent plan years, each MA organization offering a
specified MA plan (as defined in subparagraph (C))
shall, for each such plan offered by the organization--
``(i) maintain, on a publicly available
internet website, an accurate provider
directory that includes the information
described in subparagraph (B);
``(ii) not less frequently than once every
90 days (or, in the case of a hospital or any
other facility determined appropriate by the
Secretary, at a lesser frequency specified by
the Secretary but in no case less frequently
than once every 12 months), verify the provider
directory information of each provider listed
in such directory and, if applicable, update
such information;
``(iii) if the organization is unable to
verify such information with respect to a
provider, include in such directory an
indication that the information of such
provider may not be up to date; and
``(iv) remove a provider from such
directory within 5 business days if the
organization determines that the provider is no
longer a provider participating in the network
of such plan.
``(B) Provider directory information.--The
information described in this subparagraph is
information enrollees may need to access covered
benefits from a provider with which such organization
offering such plan has an agreement for furnishing
items and services covered under such plan, such as
name, specialty, contact information, primary office or
facility addresses where items or services are
furnished, whether the provider is accepting new
patients, accommodations for people with disabilities,
cultural and linguistic capabilities, and telehealth
capabilities.
``(C) Specified ma plan.--In this paragraph, the
term `specified MA plan' means--
``(i) a network-based plan (as defined in
subsection (d)(5)(C)); or
``(ii) a Medicare Advantage private fee-
for-service plan (as defined in section
1859(b)(2)) that meets the access standards
under subsection (d)(4), in whole or in part,
through entering into contracts or agreements
as provided for under subparagraph (B) of such
subsection.''.
b
Accountability for Provider Directory Accuracy.--
(1) Cost sharing for services furnished based on reliance
on incorrect provider directory information.--Section 1852(d)
of the Social Security Act (42 U.S.C. 1395w-22(d)) is amended--
(A) in paragraph (1)(C)--
i
in clause (ii), by striking ``or'' at
the end;
(ii) in clause (iii), by striking the
semicolon at the end and inserting ``, or'';
and
(iii) by adding at the end the following
new clause:
``(iv) for plan year 2028 and subsequent
plan years, in the case of a specified MA plan
(as defined in subsection (c)(3)(C)), the
services were furnished by a provider that was
not participating in the network of such plan
but was listed in the provider directory of
such plan on the date on which the appointment
was made, as described in paragraph (7)(A);'';
and
(B) by adding at the end the following new
paragraph:
``(7) Cost sharing for services furnished based on reliance
on incorrect provider directory information.--
``(A) In general.--For plan year 2028 and
subsequent plan years, if an enrollee in a specified MA
plan (as defined in subsection (c)(3)(C)) is furnished
an item or service by a provider that is not
participating in the network of such plan but is listed
in the provider directory of such plan (as required to
be provided to an enrollee pursuant to subsection
c
(1)(C)) on the date on which the appointment is
made, and if such item or service would otherwise be
covered under such plan if furnished by a provider that
is participating in the network of such plan, the MA
organization offering such plan shall ensure that the
enrollee is only responsible for the lesser of--
``(i) the amount of cost sharing that would
apply if such provider had been participating
in the network of such plan; or
``(ii) the amount of cost sharing that
would otherwise apply (without regard to this
subparagraph).
``(B) Notification requirement.--For plan year 2028
and subsequent plan years, each MA organization that
offers a specified MA plan shall--
``(i) notify enrollees of their cost-
sharing protections under this paragraph and
make such notifications, to the extent
practicable, by not later than the first day of
an annual, coordinated election period under
section 1851(e)(3) with respect to a year;
``(ii) include information regarding such
cost-sharing protections in the provider
directory of each specified MA plan offered by
the MA organization.; and
``(iii) notify enrollees of their cost-
sharing protections under this paragraph in the
first explanation of benefits issued in a plan
year.''.
(2) Required provider directory accuracy analysis and
reports.--
(A) In general.--Section 1857(e) of the Social
Security Act (42 U.S.C. 1395w-27(e)) is amended by
adding at the end the following new paragraph:
``(6) Provider directory accuracy analysis and reports.--
``(A) In general.--Beginning with plan years
beginning on or after January 1, 2028, subject to
subparagraph (C), a contract under this section with an
MA organization shall require the organization, for
each specified MA plan (as defined in section
1852(c)(3)(C)) offered by the organization, to annually
do the following:
``(i) Conduct an analysis estimating the
accuracy of the provider directory information
of such plan using a random sample of providers
included in such provider directory as follows:
``(I) Such a random sample shall
include a random sample of each
specialty of providers with a high
inaccuracy rate of provider directory
information relative to other
specialties of providers, as determined
by the Secretary.
``(II) For purposes of subclause
(I), one type of specialty may be
providers specializing in mental health
or substance use disorder treatment.
``(ii) Submit to the Secretary a report
containing the results of the analysis
conducted under clause (i), including an
accuracy score for such provider directory
information (as determined using a plan
verification method specified by the Secretary
under subparagraph (B)(i)).
``(B) Determination of accuracy score.--
``(i) In general.--The Secretary shall
specify plan verification methods, such as
using telephonic verification or other
approaches using data sources maintained by an
MA organization or using publicly available
data sets, that MA organizations may use for
estimating accuracy scores of the provider
directory information of specified MA plans
offered by such organizations.
``(ii) Accuracy score methodology.--With
respect to each such method specified by the
Secretary as described in clause (i), the
Secretary shall specify a methodology for MA
organizations to use in estimating such
accuracy scores. Each such methodology shall
take into account the administrative burden on
plans and providers and the relative importance
of certain provider directory information on
enrollee ability to access care.
``(C) Exception.--The Secretary may waive the
requirements of this paragraph in the case of a
specified MA plan with low enrollment (as defined by
the Secretary).
``(D) Transparency.--Beginning with plan years
beginning on or after January 1, 2029, the Secretary
shall post accuracy scores (as reported under
subparagraph (A)(ii)), in a machine readable file, on
an internet website maintained by the Centers for
Medicare & Medicaid Services.''.
(B) Provision of information to beneficiaries.--
Section 1851(d)(4) of the Social Security Act (42
U.S.C. 1395w-21(d)(4)) is amended by adding at the end
the following new subparagraph:
``(F) Provider directory.--Beginning with plan
years beginning on or after January 1, 2029, in the
case of a specified MA plan (as defined in section
1852(c)(3)(C)), the accuracy score of the plan's
provider directory (as reported under section
1857(e)(6)(A)(ii)) listed prominently on the plan's
provider directory.''.
(C) Funding.--In addition to amounts otherwise
available, there is appropriated to the Centers for
Medicare & Medicaid Services Program Management
Account, out of any money in the Treasury not otherwise
appropriated, $4,000,000 for fiscal year 2026, to
remain available until expended, to carry out the
amendments made by this paragraph.
(3) GAO study and report.--
(A) Analysis.--The Comptroller General of the
United States (in this paragraph referred to as the
``Comptroller General'') shall conduct a study of the
implementation of the amendments made by paragraphs (1)
and (2). To the extent data are available and reliable,
such study shall include an analysis of--
i
the use of cost-sharing protections
required under section 1852(d)(7)(A) of the
Social Security Act, as added by paragraph (1);
(ii) the trends in provider directory
information accuracy scores submitted to the
Secretary of Health and Human Services under
section 1857(e)(6)(A)(ii) of the Social
Security Act (as added by paragraph (2)(A)),
both overall and among providers specializing
in mental health or substance use disorder
treatment;
(iii) provider response rates by plan
verification methods;
(iv) administrative costs to providers and
Medicare Advantage organizations; and
v
other items determined appropriate by
the Comptroller General.
(B) Report.--Not later than January 15, 2033, the
Comptroller General shall submit to Congress a report
containing the results of the study conducted under
subparagraph (A), together with recommendations for
such legislation and administrative action as the
Comptroller General determines appropriate.
c
Guidance on Maintaining Accurate Provider Directories.--
(1) Stakeholder meeting.--
(A) In general.--Not later than 6 months after the
date of enactment of this Act, the Secretary of Health
and Human Services (referred to in this subsection as
the ``Secretary'') shall hold a public meeting to
receive input on approaches for maintaining accurate
provider directories for Medicare Advantage plans under
part C of title XVIII of the Social Security Act (42
U.S.C. 1395w-21 et seq.), including input on approaches
for reducing administrative burden, such as data
standardization, and best practices to maintain
accurate provider directory information.
(B) Participants.--Participants of the meeting
under subparagraph (A) shall include representatives
from the Centers for Medicare & Medicaid Services and
the Assistant Secretary for Technology Policy and
Office of the National Coordinator for Health
Information Technology. Such meeting shall be open to
the public. To the extent practicable, the Secretary
shall include health care providers, companies that
specialize in relevant technologies, health insurers,
and patient advocates.
(2) Guidance to medicare advantage organizations.--Not
later than 18 months after the date of enactment of this Act,
the Secretary shall issue guidance to Medicare Advantage
organizations offering Medicare Advantage plans under part C of
title XVIII of the Social Security Act (42 U.S.C. 1395w-21 et
seq.) on maintaining accurate provider directories for such
plans, taking into consideration input received during the
stakeholder meeting under paragraph (1). Such guidance may
include the following, as determined appropriate by the
Secretary:
(A) Best practices for Medicare Advantage
organizations on how to work with providers to maintain
the accuracy of provider directories and reduce
provider and Medicare Advantage organization burden
with respect to maintaining the accuracy of provider
directories.
(B) Information on data sets and data sources with
information that could be used by Medicare Advantage
organizations to maintain accurate provider
directories.
(C) Approaches for utilizing data sources
maintained by Medicare Advantage organizations and
publicly available data sets to maintain accurate
provider directories.
(D) Information that may be useful to include in
provider directories for Medicare beneficiaries to use
in assessing plan networks when selecting a plan and
accessing providers participating in plan networks
during the plan year.
(3) Guidance to part b providers.--Not later than 12 months
after the date of enactment of this Act, the Secretary shall
issue guidance to providers of services and suppliers who
furnish items or services for which benefits are available
under part B of title XVIII of the Social Security Act (42
U.S.C. 1395j et seq.) on when to update the National Plan and
Provider Enumeration System (or a successor system) for
information changes.
SEC. 6221. MEDICARE COVERAGE OF MULTI-CANCER EARLY DETECTION SCREENING
TESTS.
a
Coverage.--Section 1861 of the Social Security Act (42 U.S.C.
1395x) is amended--
(1) in subsection (s)(2)--
(A) by striking the semicolon at the end of
subparagraph (JJ) and inserting ``; and''; and
(B) by adding at the end the following new
subparagraph:
``(KK) multi-cancer early detection screening tests (as
defined in subsection (nnn));''; and
(2) by adding at the end the following new subsection:
``(nnn) Multi-cancer Early Detection Screening Tests.--
``(1) In general.--The term `multi-cancer early detection
screening test' means a test furnished to an individual for the
concurrent detection of multiple cancer types across multiple
organ sites on or after January 1, 2029, that--
``(A) is cleared under section 510(k), classified
under section 513(f)(2), or approved under section 515
of the Federal Food, Drug, and Cosmetic Act;
``(B) is--
``(i) a genomic sequencing blood or blood
product test that includes the analysis of
cell-free nucleic acids; or
``(ii) a test based on samples of
biological material that provide results
comparable to those obtained with a test
described in clause (i), as determined by the
Secretary; and
``(C) the Secretary determines is--
``(i) reasonable and necessary for the
prevention or early detection of an illness or
disability; and
``(ii) appropriate for individuals entitled
to benefits under part A or enrolled under part
B.
``(2) NCD process.--In making determinations under
paragraph (1)(C) regarding the coverage of a new test, the
Secretary shall use the process for making national coverage
determinations (as defined in section 1869(f)(1)(B)) under this
title.''.
b
Payment and Standards for Multi-cancer Early Detection
Screening Tests.--
(1) In general.--Section 1834 of the Social Security Act
(42 U.S.C. 1395m) is amended by adding at the end the following
new subsection:
``(aa) Payment and Standards for Multi-cancer Early Detection
Screening Tests.--
``(1) Payment amount.--The payment amount for a multi-
cancer early detection screening test (as defined in section
1861(nnn)) is--
``(A) with respect to such a test furnished before
January 1, 2031, equal to the payment amount in effect
on the date of the enactment of this subsection for a
multi-target stool screening DNA test covered pursuant
to section 1861(pp)(1)(D); and
``(B) with respect to such a test furnished on or
after January 1, 2031, equal to the lesser of--
``(i) the amount described in subparagraph
(A); or
``(ii) the payment amount determined for
such test under section 1834A.
``(2) Limitations.--
``(A) In general.--No payment may be made under
this part for a multi-cancer early detection screening
test furnished during a year to an individual if--
``(i) such individual--
``(I) is under 50 years of age; or
``(II) as of January 1 of such
year, has attained the age specified in
subparagraph (B) for such year; or
``(ii) such a test was furnished to the
individual during the previous 11 months.
``(B) Age specified.--For purposes of subparagraph
(A)(i)(II), the age specified in this subparagraph is--
``(i) for 2029, 65 years of age; and
``(ii) for a succeeding year, the age
specified in this subparagraph for the
preceding year, increased by 1 year.
``(C) Standards following uspstf rating of a or
b.--In the case of a multi-cancer early detection
screening test that is recommended with a grade of A or
B by the United States Preventive Services Task Force,
beginning on the date on which coverage for such test
is provided pursuant to section 1861(ddd)(1), the
preceding provisions of this paragraph shall not
apply.''.
(2) Conforming amendments.--
(A) Section 1833 of the Social Security Act (42
U.S.C. 1395l) is amended--
i
in subsection (a)--
(I) in paragraph (1)(D)(i)(I), by
striking ``section 1834(d)(1)'' and
inserting ``subsection (d)(1) or (aa)
of section 1834''; and
(II) in paragraph (2)(D)(i)(I), by
striking ``section 1834(d)(1)'' and
inserting ``subsection (d)(1) or (aa)
of section 1834''; and
(ii) in subsection (h)(1)(A), by striking
``section 1834(d)(1)'' and inserting
``subsections (d)(1) and (aa) of section
1834''.
(B) Section 1862(a)(1)(A) of the Social Security
Act (42 U.S.C. 1395y(a)(1)(A)) is amended--
i
by striking ``or additional preventive
services'' and inserting ``, additional
preventive services''; and
(ii) by inserting ``, or multi-cancer early
detection screening tests (as defined in
section 1861(nnn))'' after ``(as described in
section 1861(ddd)(1))''.
c
Rule of Construction Relating to Other Cancer Screening
Tests.--Nothing in this section, including the amendments made by this
section, shall be construed--
(1) in the case of an individual who undergoes a multi-
cancer early detection screening test, to affect coverage under
part B of title XVIII of the Social Security Act for other
cancer screening tests covered under such title, such as
screening tests for breast, cervical, colorectal, lung, or
prostate cancer; or
(2) in the case of an individual who undergoes another
cancer screening test, to affect coverage under such part for a
multi-cancer early detection screening test or the use of such
a test as a diagnostic or confirmatory test for a result of the
other cancer screening test.
d
Funding.--In addition to amounts otherwise available, there is
appropriated to the Centers for Medicare & Medicaid Services Program
Management Account, out of any money in the Treasury not otherwise
appropriated, $2,000,000 for fiscal year 2026, to remain available
until expended, to carry out this section.
SEC. 6222. MEDICARE COVERAGE OF EXTERNAL INFUSION PUMPS AND NON-SELF-
ADMINISTRABLE HOME INFUSION DRUGS.
a
In General.--Section 1861(n) of the Social Security Act (42
U.S.C. 1395x(n)) is amended by adding at the end the following new
sentence: ``Beginning with the first calendar quarter beginning on or
after the date that is 1 year after the date of the enactment of this
sentence, an external infusion pump and associated home infusion drug
(as defined in subsection (iii)(3)(C)) or other associated supplies
that do not meet the appropriate for use in the home requirement
applied to the definition of durable medical equipment under section
414.202 of title 42, Code of Federal Regulations (or any successor to
such regulation) shall be treated as meeting such requirement if each
of the following criteria is satisfied:
``(1) The prescribing information approved by the Food and
Drug Administration for the home infusion drug associated with
the pump instructs that the drug should be administered by or
under the supervision of a health care professional.
``(2) A qualified home infusion therapy supplier (as
defined in subsection (iii)(3)(D)) administers or supervises
the administration of the drug or biological in a safe and
effective manner in the patient's home (as defined in
subsection (iii)(3)(B)).
``(3) The prescribing information described in paragraph
(1) instructs that the drug should be infused at least 12 times
per year--
``(A) intravenously or subcutaneously; or
``(B) at infusion rates that the Secretary
determines would require the use of an external
infusion pump.''.
b
Cost Sharing Notification.--The Secretary of Health and Human
Services shall ensure that patients are notified of the cost sharing
for electing home infusion therapy compared to other applicable
settings of care for the furnishing of infusion drugs under the
Medicare program.
SEC. 6223. ASSURING PHARMACY ACCESS AND CHOICE FOR MEDICARE
BENEFICIARIES.
a
In General.--Section 1860D-4(b)(1) of the Social Security Act
(42 U.S.C. 1395w-104(b)(1)) is amended by striking subparagraph (A) and
inserting the following:
``(A) In general.--
``(i) Participation of any willing
pharmacy.--A PDP sponsor offering a
prescription drug plan shall permit any
pharmacy that meets the standard contract terms
and conditions under such plan to participate
as a network pharmacy of such plan.
``(ii) Contract terms and conditions.--
``(I) In general.--Notwithstanding
any other provision of law, for plan
years beginning on or after January 1,
2029, in accordance with clause (i),
contract terms and conditions offered
by such PDP sponsor shall be reasonable
and relevant according to standards
established by the Secretary under
subclause (II).
``(II) Standards.--Not later than
the first Monday in April of 2028, the
Secretary shall establish standards for
reasonable and relevant contract terms
and conditions for purposes of this
clause.
``(III) Request for information.--
Not later than April 1, 2027, for
purposes of establishing the standards
under subclause (II), the Secretary
shall issue a request for information
to seek input on trends in prescription
drug plan and network pharmacy contract
terms and conditions, current
prescription drug plan and network
pharmacy contracting practices, whether
pharmacy reimbursement and dispensing
fees paid by PDP sponsors to network
pharmacies sufficiently cover the
ingredient and operational costs of
such pharmacies, the use and
application of pharmacy quality
measures by PDP sponsors for network
pharmacies, PDP sponsor restrictions or
limitations on the dispensing of
covered part D drugs by network
pharmacies (or any subsets of such
pharmacies), PDP sponsor auditing
practices for network pharmacies, areas
in current regulations or program
guidance related to contracting between
prescription drug plans and network
pharmacies requiring clarification or
additional specificity, factors for
consideration in determining the
reasonableness and relevance of
contract terms and conditions between
prescription drug plans and network
pharmacies, and other issues as
determined appropriate by the
Secretary.''.
b
Essential Retail Pharmacies.--Section 1860D-42 of the Social
Security Act (42 U.S.C. 1395w-152) is amended by adding at the end the
following new subsection:
``(e) Essential Retail Pharmacies.--
``(1) In general.--With respect to plan years beginning on
or after January 1, 2028, the Secretary shall publish reports,
at least once every 2 years until 2034, and periodically
thereafter, that provide information, to the extent feasible,
on--
``(A) trends in ingredient cost reimbursement,
dispensing fees, incentive payments and other fees paid
by PDP sponsors offering prescription drug plans and MA
organizations offering MA-PD plans under this part to
essential retail pharmacies (as defined in paragraph
(2)) with respect to the dispensing of covered part D
drugs, including a comparison of such trends between
essential retail pharmacies and pharmacies that are not
essential retail pharmacies;
``(B) trends in amounts paid to PDP sponsors
offering prescription drug plans and MA organizations
offering MA-PD plans under this part by essential
retail pharmacies with respect to the dispensing of
covered part D drugs, including a comparison of such
trends between essential retail pharmacies and
pharmacies that are not essential retail pharmacies;
``(C) trends in essential retail pharmacy
participation in pharmacy networks and preferred
pharmacy networks for prescription drug plans offered
by PDP sponsors and MA-PD plans offered by MA
organizations under this part, including a comparison
of such trends between essential retail pharmacies and
pharmacies that are not essential retail pharmacies;
``(D) trends in the number of essential retail
pharmacies, including variation in such trends by
geographic region or other factors;
``(E) a comparison of cost-sharing for covered part
D drugs dispensed by essential retail pharmacies that
are network pharmacies for prescription drug plans
offered by PDP sponsors and MA-PD plans offered by MA
organizations under this part and cost-sharing for
covered part D drugs dispensed by other network
pharmacies for such plans located in similar geographic
areas that are not essential retail pharmacies;
``(F) a comparison of the volume of covered part D
drugs dispensed by essential retail pharmacies that are
network pharmacies for prescription drug plans offered
by PDP sponsors and MA-PD plans offered by MA
organizations under this part and such volume of
dispensing by network pharmacies for such plans located
in similar geographic areas that are not essential
retail pharmacies, including information on any
patterns or trends in such comparison specific to
certain types of covered part D drugs, such as generic
drugs or drugs specified as specialty drugs by a PDP
sponsor under a prescription drug plan or an MA
organization under an MA-PD plan; and
``(G) a comparison of the information described in
subparagraphs (A) through (F) between essential retail
pharmacies that are network pharmacies for prescription
drug plans offered by PDP sponsors under this part and
essential retail pharmacies that are network pharmacies
for MA-PD plans offered by MA organizations under this
part.
``(2) Definition of essential retail pharmacy.--In this
subsection, the term `essential retail pharmacy' means, with
respect to a plan year, a retail pharmacy that--
``(A) is not a pharmacy that is an affiliate as
defined in paragraph (4); and
``(B) is located in--
``(i) a rural area in which there is no
other retail pharmacy within 10 miles, as
determined by the Secretary;
``(ii) a suburban area in which there is no
other retail pharmacy within 2 miles, as
determined by the Secretary; or
``(iii) an urban area in which there is no
other retail pharmacy within 1 mile, as
determined by the Secretary.
``(3) List of essential retail pharmacies.--
``(A) Publication of list of essential retail
pharmacies.--For each plan year (beginning with plan
year 2028), the Secretary shall publish, on a publicly
available internet website of the Centers for Medicare
& Medicaid Services, a list of retail pharmacies that
meet the criteria described in subparagraphs (A) and
(B) of paragraph (2) to be considered an essential
retail pharmacy.
``(B) Required submissions from pdp sponsors.--For
each plan year (beginning with plan year 2028), each
PDP sponsor offering a prescription drug plan and each
MA organization offering an MA-PD plan shall submit to
the Secretary, for the purposes of determining retail
pharmacies that meet the criterion specified in
subparagraph (A) of paragraph (2), a list of retail
pharmacies that are affiliates of such sponsor or
organization, or are affiliates of a pharmacy benefit
manager acting on behalf of such sponsor or
organization, at a time, and in a form and manner,
specified by the Secretary.
``(C) Reporting by pdp sponsors and ma
organizations.--For each plan year beginning with plan
year 2027, each PDP sponsor offering a prescription
drug plan and each MA organization offering an MA-PD
plan under this part shall submit to the Secretary
information on incentive payments and other fees paid
by such sponsor or organization to pharmacies, insofar
as any such payments or fees are not otherwise
reported, at a time, and in a form and manner,
specified by the Secretary.
``(D) Implementation.--Notwithstanding any other
provision of law, the Secretary may implement this
paragraph by program instruction or otherwise.
``(E) Nonapplication of paperwork reduction act.--
Chapter 35 of title 44, United States Code, shall not
apply to the implementation of this paragraph.
``(4) Definition of affiliate; pharmacy benefit manager.--
In this subsection, the terms `affiliate' and `pharmacy benefit
manager' have the meaning given those terms in section 1860D-
12(h)(7).''.
c
Enforcement.--
(1) In general.--Section 1860D-4(b)(1) of the Social
Security Act (42 U.S.C. 1395w-104(b)(1)) is amended by adding
at the end the following new subparagraph:
``(F) Enforcement of standards for reasonable and
relevant contract terms and conditions.--
``(i) Allegation submission process.--
``(I) In general.--Not later than
January 1, 2029, the Secretary shall
establish a process through which a
pharmacy may submit to the Secretary an
allegation of a violation by a PDP
sponsor offering a prescription drug
plan of the standards for reasonable
and relevant contract terms and
conditions under subparagraph (A)(ii),
or of subclause (VIII) of this clause.
``(II) Frequency of submission.--
``(aa) In general.--Except
as provided in item (bb), the
allegation submission process
under this clause shall allow
pharmacies to submit any
allegations of violations
described in subclause (I) not
more frequently than once per
plan year per contract between
a pharmacy and a PDP sponsor.
``(bb) Allegations relating
to contract modifications.--In
the case where a contract
between a pharmacy and a PDP
sponsor is modified following
the submission of allegations
by a pharmacy with respect to
such contract and plan year,
the allegation submission
process under this clause shall
allow such pharmacy to submit
an additional allegation
related to those modifications
with respect to such contract
and plan year.
``(III) Access to relevant
documents and materials.--A PDP sponsor
subject to an allegation under this
clause--
``(aa) shall provide
documents or materials, as
specified by the Secretary,
including contract offers made
by such sponsor to such
pharmacy or correspondence
related to such offers, to the
Secretary at a time, and in a
form and manner, specified by
the Secretary; and
``(bb) shall not prohibit
or otherwise limit the ability
of a pharmacy to submit such
documents or materials to the
Secretary for the purpose of
submitting an allegation or
providing evidence for such an
allegation under this clause.
``(IV) Standardized template.--The
Secretary shall establish a
standardized template for pharmacies to
use for the submission of allegations
described in subclause (I). Such
template shall require that the
submission include a certification by
the pharmacy that the information
included is accurate, complete, and
true to the best of the knowledge,
information, and belief of such
pharmacy.
``(V) Preventing frivolous
allegations.--In the case where the
Secretary determines that a pharmacy
has submitted frivolous allegations
under this clause on a routine basis,
the Secretary may temporarily prohibit
such pharmacy from using the allegation
submission process under this clause,
as determined appropriate by the
Secretary.
``(VI) Exemption from freedom of
information act.--Allegations submitted
under this clause shall be exempt from
disclosure under section 552 of title
5, United States Code.
``(VII) Rule of construction.--
Nothing in this clause shall be
construed as limiting the ability of a
pharmacy to pursue other legal actions
or remedies, consistent with applicable
Federal or State law, with respect to a
potential violation of a requirement
described in this subparagraph.
``(VIII) Anti-retaliation and anti-
coercion.--Consistent with applicable
Federal or State law, a PDP sponsor
shall not--
``(aa) retaliate against a
pharmacy for submitting any
allegations under this clause;
or
``(bb) coerce, intimidate,
threaten, or interfere with the
ability of a pharmacy to submit
any such allegations.
``(ii) Investigation.--The Secretary shall
investigate, as determined appropriate by the
Secretary, allegations submitted pursuant to
clause (i).
``(iii) Enforcement.--
``(I) In general.--In the case
where the Secretary determines that a
PDP sponsor offering a prescription
drug plan has violated the standards
for reasonable and relevant contract
terms and conditions under subparagraph
(A)(ii) or the provisions of clause
i
(VIII) of this subparagraph, the
Secretary may use authorities under
sections 1857(g) and 1860D-12(b)(3)(E)
to impose civil monetary penalties or
other intermediate sanctions.
``(II) Application of civil
monetary penalties.--The provisions of
section 1128A (other than subsections
a
and (b)) shall apply to a civil
monetary penalty under this clause in
the same manner as such provisions
apply to a penalty or proceeding under
section 1128A(a).''.
(2) Conforming amendment.--Section 1857(g)(1) of the Social
Security Act (42 U.S.C. 1395w-27(g)(1)) is amended--
(A) in subparagraph (J), by striking ``or'' after
the semicolon;
(B) by redesignating subparagraph (K) as
subparagraph (L);
(C) by inserting after subparagraph (J), the
following new subparagraph:
``(K) fails to comply with the standards for
reasonable and relevant contract terms and conditions
under subparagraph (A)(ii) of section 1860D-4(b)(1) or
violates the provisions of subparagraph (F)(i)(VIII) of
such section; or'';
(D) in subparagraph (L), as redesignated by
subparagraph (B), by striking ``through (J)'' and
inserting ``through (K)''; and
(E) in the flush matter following subparagraph (L),
as so redesignated, by striking ``subparagraphs (A)
through (K)'' and inserting ``subparagraphs (A) through
(L)''.
d
Accountability of Pharmacy Benefit Managers for Violations of
Reasonable and Relevant Contract Terms and Conditions.--
(1) In general.--Section 1860D-12(b) of the Social Security
Act (42 U.S.C. 1395w-112) is amended by adding at the end the
following new paragraph:
``(9) Accountability of pharmacy benefit managers for
violations of reasonable and relevant contract terms and
conditions.--For plan years beginning on or after January 1,
2029, each contract entered into with a PDP sponsor under this
part with respect to a prescription drug plan offered by such
sponsor shall provide that any pharmacy benefit manager acting
on behalf of such sponsor has a written agreement with the PDP
sponsor under which the pharmacy benefit manager agrees to
reimburse the PDP sponsor for any amounts paid by such sponsor
under section 1860D-4(b)(1)(F)(iii)(I) to the Secretary as a
result of a violation described in such section if such
violation is related to a responsibility delegated to the
pharmacy benefit manager by such PDP sponsor.''.
(2) Ma-pd plans.--Section 1857(f)(3) of the Social Security
Act (42 U.S.C. 1395w-27(f)(3)) is amended by adding at the end
the following new subparagraph:
``(F) Accountability of pharmacy benefit managers
for violations of reasonable and relevant contract
terms.--For plan years beginning on or after January 1,
2029, section 1860D-12(b)(9).''.
e
Biennial Report on Enforcement and Oversight of Pharmacy Access
Requirements.--Section 1860D-42 of the Social Security Act (42 U.S.C.
1395w-152), as amended by subsection (b), is amended by adding at the
end the following new subsection:
``(f) Biennial Report on Enforcement and Oversight of Pharmacy
Access Requirements.--
``(1) In general.--Not later than 2 years after the date of
enactment of this subsection, and at least once every 2 years
thereafter, the Secretary shall publish a report on enforcement
and oversight actions and activities undertaken by the
Secretary with respect to the requirements under section 1860D-
4(b)(1).
``(2) Limitation.--A report under paragraph (1) shall not
disclose--
``(A) identifiable information about individuals or
entities unless such information is otherwise publicly
available; or
``(B) trade secrets with respect to any
entities.''.
f
Funding.--In addition to amounts otherwise available, there is
appropriated to the Centers for Medicare & Medicaid Services Program
Management Account, out of any money in the Treasury not otherwise
appropriated, $188,000,000 for fiscal year 2026, to remain available
until expended, to carry out this section.
SEC. 6224. MODERNIZING AND ENSURING PBM ACCOUNTABILITY.
a
In General.--
(1) Prescription drug plans.--Section 1860D-12 of the
Social Security Act (42 U.S.C. 1395w-112) is amended by adding
at the end the following new subsection:
``(h) Requirements Relating to Pharmacy Benefit Managers.--For plan
years beginning on or after January 1, 2028:
``(1) Agreements with pharmacy benefit managers.--Each
contract entered into with a PDP sponsor under this part with
respect to a prescription drug plan offered by such sponsor
shall provide that any pharmacy benefit manager acting on
behalf of such sponsor has a written agreement with the PDP
sponsor under which the pharmacy benefit manager, and any
affiliates of such pharmacy benefit manager, as applicable,
agree to meet the following requirements:
``(A) No income other than bona fide service
fees.--
``(i) In general.--The pharmacy benefit
manager and any affiliate of such pharmacy
benefit manager shall not derive any
remuneration with respect to any services
provided on behalf of any entity or individual,
in connection with the utilization of covered
part D drugs, from any such entity or
individual other than bona fide service fees,
subject to clauses (ii) and (iii).
``(ii) Incentive payments.--For the
purposes of this subsection, an incentive
payment (as determined by the Secretary) paid
by a PDP sponsor to a pharmacy benefit manager
or an affiliate of a pharmacy benefit manager
that is performing services on behalf of such
sponsor shall be deemed a `bona fide service
fee' (even if such payment does not otherwise
meet the definition of such term under
paragraph (7)(B)) if such payment is a flat
dollar amount, is consistent with fair market
value (as specified by the Secretary), is
related to services actually performed by the
pharmacy benefit manager or affiliate of such
pharmacy benefit manager, on behalf of the PDP
sponsor making such payment, in connection with
the utilization of covered part D drugs, and
meets additional requirements, if any, as
determined appropriate by the Secretary.
``(iii) Clarification on rebates and
discounts used to lower costs for covered part
d drugs.--Rebates, discounts, and other price
concessions received by a pharmacy benefit
manager or an affiliate of a pharmacy benefit
manager from manufacturers, even if such price
concessions are calculated as a percentage of a
drug's price, shall not be considered a
violation of the requirements of clause (i) if
they are fully passed through to a PDP sponsor
and are compliant with all regulatory and
subregulatory requirements related to direct
and indirect remuneration for manufacturer
rebates, discounts, and other price concessions
under this part, including in cases where a PDP
sponsor is acting as a pharmacy benefit manager
on behalf of a prescription drug plan offered
by such PDP sponsor.
``(iv) Evaluation of remuneration
arrangements.--Components of subsets of
remuneration arrangements (such as fees or
other forms of compensation paid to or retained
by the pharmacy benefit manager or affiliate of
such pharmacy benefit manager), as determined
appropriate by the Secretary, between pharmacy
benefit managers or affiliates of such pharmacy
benefit managers, as applicable, and other
entities involved in the dispensing or
utilization of covered part D drugs (including
PDP sponsors, manufacturers, pharmacies, and
other entities as determined appropriate by the
Secretary) shall be subject to review by the
Secretary, in consultation with the Office of
the Inspector General of the Department of
Health and Human Services, as determined
appropriate by the Secretary. The Secretary, in
consultation with the Office of the Inspector
General, shall review whether remuneration
under such arrangements is consistent with fair
market value (as specified by the Secretary)
through reviews and assessments of such
remuneration, as determined appropriate.
``(v) Disgorgement.--The pharmacy benefit
manager shall disgorge any remuneration paid to
such pharmacy benefit manager or an affiliate
of such pharmacy benefit manager in violation
of this subparagraph to the PDP sponsor.
``(vi) Additional requirements.--The
pharmacy benefit manager shall--
``(I) enter into a written
agreement with any affiliate of such
pharmacy benefit manager, under which
the affiliate shall identify and
disgorge any remuneration described in
clause (v) to the pharmacy benefit
manager; and
``(II) attest, subject to any
requirements determined appropriate by
the Secretary, that the pharmacy
benefit manager has entered into a
written agreement described in
subclause (I) with any affiliate of the
pharmacy benefit manager.
``(B) Transparency regarding guarantees and cost
performance evaluations.--The pharmacy benefit manager
shall--
``(i) define, interpret, and apply, in a
fully transparent and consistent manner for
purposes of calculating or otherwise evaluating
pharmacy benefit manager performance against
pricing guarantees or similar cost performance
measurements related to rebates, discounts,
price concessions, or net costs, terms such
as--
``(I) `generic drug', in a manner
consistent with the definition of the
term under section 423.4 of title 42,
Code of Federal Regulations, or a
successor regulation;
``(II) `brand name drug', in a
manner consistent with the definition
of the term under section 423.4 of
title 42, Code of Federal Regulations,
or a successor regulation;
``(III) `specialty drug';
``(IV) `rebate'; and
``(V) `discount';
``(ii) identify any drugs, claims, or price
concessions excluded from any pricing guarantee
or other cost performance measure in a clear
and consistent manner; and
``(iii) where a pricing guarantee or other
cost performance measure is based on a pricing
benchmark other than the wholesale acquisition
cost (as defined in section 1847A(c)(6)(B)) of
a drug, calculate and provide a wholesale
acquisition cost-based equivalent to the
pricing guarantee or other cost performance
measure.
``(C) Provision of information.--
``(i) In general.--Not later than July 1 of
each year, beginning in 2028, the pharmacy
benefit manager shall submit to the PDP
sponsor, and to the Secretary, a report, in
accordance with this subparagraph, and shall
make such report available to such sponsor at
no cost to such sponsor in a format specified
by the Secretary under paragraph (5). Each such
report shall include, with respect to such PDP
sponsor and each plan offered by such sponsor,
the following information with respect to the
previous plan year:
``(I) A list of all drugs covered
by the plan that were dispensed
including, with respect to each such
drug--
``(aa) the brand name,
generic or non-proprietary
name, and National Drug Code;
``(bb) the number of plan
enrollees for whom the drug was
dispensed, the total number of
prescription claims for the
drug (including original
prescriptions and refills,
counted as separate claims),
and the total number of dosage
units of the drug dispensed;
``(cc) the number of
prescription claims described
in item (bb) by each type of
dispensing channel through
which the drug was dispensed,
including retail, mail order,
specialty pharmacy, long term
care pharmacy, home infusion
pharmacy, or other types of
pharmacies or dispensers;
``(dd) the average
wholesale acquisition cost,
listed as cost per day's
supply, cost per dosage unit,
and cost per typical course of
treatment (as applicable);
``(ee) the average
wholesale price for the drug,
listed as price per day's
supply, price per dosage unit,
and price per typical course of
treatment (as applicable);
``(ff) the total out-of-
pocket spending by plan
enrollees on such drug after
application of any benefits
under the plan, including plan
enrollee spending through
copayments, coinsurance, and
deductibles;
``(gg) total rebates paid
by the manufacturer on the drug
as reported under the Detailed
DIR Report (or any successor
report) submitted by such
sponsor to the Centers for
Medicare & Medicaid Services;
``(hh) all other direct or
indirect remuneration on the
drug as reported under the
Detailed DIR Report (or any
successor report) submitted by
such sponsor to the Centers for
Medicare & Medicaid Services;
``(ii) the average pharmacy
reimbursement amount paid by
the plan for the drug in the
aggregate and disaggregated by
dispensing channel identified
in item (cc);
``(jj) the average National
Average Drug Acquisition Cost
(NADAC); and
``(kk) total manufacturer-
derived revenue, inclusive of
bona fide service fees,
attributable to the drug and
retained by the pharmacy
benefit manager and any
affiliate of such pharmacy
benefit manager.
``(II) In the case of a pharmacy
benefit manager that has an affiliate
that is a retail, mail order, or
specialty pharmacy, with respect to
drugs covered by such plan that were
dispensed, the following information:
``(aa) The percentage of
total prescriptions that were
dispensed by pharmacies that
are an affiliate of the
pharmacy benefit manager for
each drug.
``(bb) The interquartile
range of the total combined
costs paid by the plan and plan
enrollees, per dosage unit, per
course of treatment, per 30-day
supply, and per 90-day supply
for each drug dispensed by
pharmacies that are not an
affiliate of the pharmacy
benefit manager and that are
included in the pharmacy
network of such plan.
``(cc) The interquartile
range of the total combined
costs paid by the plan and plan
enrollees, per dosage unit, per
course of treatment, per 30-day
supply, and per 90-day supply
for each drug dispensed by
pharmacies that are an
affiliate of the pharmacy
benefit manager and that are
included in the pharmacy
network of such plan.
``(dd) The lowest total
combined cost paid by the plan
and plan enrollees, per dosage
unit, per course of treatment,
per 30-day supply, and per 90-
day supply, for each drug that
is available from any pharmacy
included in the pharmacy
network of such plan.
``(ee) The difference
between the average acquisition
cost of the affiliate, such as
a pharmacy or other entity that
acquires prescription drugs,
that initially acquires the
drug and the amount reported
under subclause (I)(jj) for
each drug.
``(ff) A list inclusive of
the brand name, generic or non-
proprietary name, and National
Drug Code of covered part D
drugs subject to an agreement
with a covered entity under
section 340B of the Public
Health Service Act for which
the pharmacy benefit manager or
an affiliate of the pharmacy
benefit manager had a contract
or other arrangement with such
a covered entity in the service
area of such plan.
``(III) Where a drug approved under
section 505(c) of the Federal Food,
Drug, and Cosmetic Act (referred to in
this subclause as the `listed drug') is
covered by the plan, the following
information:
``(aa) A list of currently
marketed generic drugs approved
under section 505(j) of the
Federal Food, Drug, and
Cosmetic Act pursuant to an
application that references
such listed drug that are not
covered by the plan, are
covered on the same formulary
tier or a formulary tier
typically associated with
higher cost-sharing than the
listed drug, or are subject to
utilization management that the
listed drug is not subject to.
``(bb) The estimated
average beneficiary cost-
sharing under the plan for a
30-day supply of the listed
drug.
``(cc) Where a generic drug
listed under item (aa) is on a
formulary tier typically
associated with higher cost-
sharing than the listed drug,
the estimated average cost-
sharing that a beneficiary
would have paid for a 30-day
supply of each of the generic
drugs described in item (aa),
had the plan provided coverage
for such drugs on the same
formulary tier as the listed
drug.
``(dd) A written
justification for providing
more favorable coverage of the
listed drug than the generic
drugs described in item (aa).
``(ee) The number of
currently marketed generic
drugs approved under section
505(j) of the Federal Food,
Drug, and Cosmetic Act pursuant
to an application that
references such listed drug.
``(IV) Where a reference product
(as defined in section 351(i) of the
Public Health Service Act) is covered
by the plan, the following information:
``(aa) A list of currently
marketed biosimilar biological
products licensed under section
351(k) of the Public Health
Service Act pursuant to an
application that refers to such
reference product that are not
covered by the plan, are
covered on the same formulary
tier or a formulary tier
typically associated with
higher cost-sharing than the
reference product, or are
subject to utilization
management that the reference
product is not subject to.
``(bb) The estimated
average beneficiary cost-
sharing under the plan for a
30-day supply of the reference
product.
``(cc) Where a biosimilar
biological product listed under
item (aa) is on a formulary
tier typically associated with
higher cost-sharing than the
reference product, the
estimated average cost-sharing
that a beneficiary would have
paid for a 30-day supply of
each of the biosimilar
biological products described
in item (aa), had the plan
provided coverage for such
products on the same formulary
tier as the reference product.
``(dd) A written
justification for providing
more favorable coverage of the
reference product than the
biosimilar biological products
described in item (aa).
``(ee) The number of
currently marketed biosimilar
biological products licensed
under section 351(k) of the
Public Health Service Act,
pursuant to an application that
refers to such reference
product.
``(V) Total gross spending on
covered part D drugs by the plan, not
net of rebates, fees, discounts, or
other direct or indirect remuneration.
``(VI) The total amount retained by
the pharmacy benefit manager or an
affiliate of such pharmacy benefit
manager in revenue related to
utilization of covered part D drugs
under that plan, inclusive of bona fide
service fees.
``(VII) The total spending on
covered part D drugs net of rebates,
fees, discounts, or other direct and
indirect remuneration by the plan.
``(VIII) An explanation of any
benefit design parameters under such
plan that encourage plan enrollees to
fill prescriptions at pharmacies that
are an affiliate of such pharmacy
benefit manager, such as mail and
specialty home delivery programs, and
retail and mail auto-refill programs.
``(IX) The following information:
``(aa) A list of all
brokers, consultants, advisors,
and auditors that receive
compensation from the pharmacy
benefit manager or an affiliate
of such pharmacy benefit
manager for referrals,
consulting, auditing, or other
services offered to PDP
sponsors related to pharmacy
benefit management services.
``(bb) The amount of
compensation provided by such
pharmacy benefit manager or
affiliate to each such broker,
consultant, advisor, and
auditor.
``(cc) The methodology for
calculating the amount of
compensation provided by such
pharmacy benefit manager or
affiliate, for each such
broker, consultant, advisor,
and auditor.
``(X) A list of all affiliates of
the pharmacy benefit manager.
``(XI) A summary document submitted
in a standardized template developed by
the Secretary that includes such
information described in subclauses (I)
through (X).
``(ii) Written explanation of contracts or
agreements with manufacturers.--
``(I) In general.--The pharmacy
benefit manager shall, not later than
30 days after the finalization of any
contract or agreement between such
pharmacy benefit manager or an
affiliate of such pharmacy benefit
manager and a manufacturer (or
subsidiary, agent, or entity affiliated
with such manufacturer) that makes
rebates, discounts, payments, or other
financial incentives related to one or
more covered part D drugs or other
prescription drugs, as applicable, of
the manufacturer directly or indirectly
contingent upon coverage, formulary
placement, or utilization management
conditions on any other covered part D
drugs or other prescription drugs, as
applicable, submit to the PDP sponsor a
written explanation of such contract or
agreement.
``(II) Requirements.--A written
explanation under subclause (I) shall--
``(aa) include the
manufacturer subject to the
contract or agreement, all
covered part D drugs and other
prescription drugs, as
applicable, subject to the
contract or agreement and the
manufacturers of such drugs,
and a high-level description of
the terms of such contract or
agreement and how such terms
apply to such drugs; and
``(bb) be certified by the
Chief Executive Officer, Chief
Financial Officer, or General
Counsel of such pharmacy
benefit manager, or affiliate
of such pharmacy benefit
manager, as applicable, or an
individual delegated with the
authority to sign on behalf of
one of these officers, who
reports directly to the
officer.
``(III) Definition of other
prescription drugs.--For purposes of
this clause, the term `other
prescription drugs' means prescription
drugs covered as supplemental benefits
under this part or prescription drugs
paid outside of this part.
``(D) Audit rights.--
``(i) In general.--Not less than once a
year, at the request of the PDP sponsor, the
pharmacy benefit manager shall allow for an
audit of the pharmacy benefit manager to ensure
compliance with all terms and conditions under
the written agreement described in this
paragraph and the accuracy of information
reported under subparagraph (C).
``(ii) Auditor.--The PDP sponsor shall have
the right to select an auditor. The pharmacy
benefit manager shall not impose any
limitations on the selection of such auditor.
``(iii) Provision of information.--The
pharmacy benefit manager shall make available
to such auditor all records, data, contracts,
and other information necessary to confirm the
accuracy of information reported under
subparagraph (C), subject to reasonable
restrictions on how such information must be
reported to prevent redisclosure of such
information.
``(iv) Timing.--The pharmacy benefit
manager must provide information under clause
(iii) and other information, data, and records
relevant to the audit to such auditor within 6
months of the initiation of the audit and
respond to requests for additional information
from such auditor within 30 days after the
request for additional information.
``(v) Information from affiliates.--The
pharmacy benefit manager shall be responsible
for providing to such auditor information
required to be reported under subparagraph (C)
or under clause (iii) of this subparagraph that
is owned or held by an affiliate of such
pharmacy benefit manager.
``(2) Enforcement.--
``(A) In general.--Each PDP sponsor shall--
``(i) disgorge to the Secretary any amounts
disgorged to the PDP sponsor by a pharmacy
benefit manager under paragraph (1)(A)(v);
``(ii) require, in a written agreement with
any pharmacy benefit manager acting on behalf
of such sponsor or affiliate of such pharmacy
benefit manager, that such pharmacy benefit
manager or affiliate reimburse the PDP sponsor
for any civil money penalty imposed on the PDP
sponsor as a result of the failure of the
pharmacy benefit manager or affiliate to meet
the requirements of paragraph (1) that are
applicable to the pharmacy benefit manager or
affiliate under the agreement; and
``(iii) require, in a written agreement
with any such pharmacy benefit manager acting
on behalf of such sponsor or affiliate of such
pharmacy benefit manager, that such pharmacy
benefit manager or affiliate be subject to
punitive remedies for breach of contract for
failure to comply with the requirements
applicable under paragraph (1).
``(B) Reporting of alleged violations.--The
Secretary shall make available and maintain a mechanism
for manufacturers, PDP sponsors, pharmacies, and other
entities that have contractual relationships with
pharmacy benefit managers or affiliates of such
pharmacy benefit managers to report, on a confidential
basis, alleged violations of paragraph (1)(A) or
subparagraph (C).
``(C) Anti-retaliation and anti-coercion.--
Consistent with applicable Federal or State law, a PDP
sponsor shall not--
``(i) retaliate against an individual or
entity for reporting an alleged violation under
subparagraph (B); or
``(ii) coerce, intimidate, threaten, or
interfere with the ability of an individual or
entity to report any such alleged violations.
``(3) Certification of compliance.--
``(A) In general.--Each PDP sponsor shall furnish
to the Secretary (at a time and in a manner specified
by the Secretary) an annual certification of compliance
with this subsection, as well as such information as
the Secretary determines necessary to carry out this
subsection.
``(B) Implementation.--Notwithstanding any other
provision of law, the Secretary may implement this
paragraph by program instruction or otherwise.
``(4) Rule of construction.--Nothing in this subsection
shall be construed as--
``(A) prohibiting flat dispensing fees or
reimbursement or payment for ingredient costs
(including customary, industry-standard discounts
directly related to drug acquisition that are retained
by pharmacies or wholesalers) to entities that acquire
or dispense prescription drugs; or
``(B) modifying regulatory requirements or sub-
regulatory program instruction or guidance related to
pharmacy payment, reimbursement, or dispensing fees.
``(5) Standard formats.--
``(A) In general.--Not later than June 1, 2027, the
Secretary shall specify standard, machine-readable
formats for pharmacy benefit managers to submit annual
reports required under paragraph (1)(C)(i).
``(B) Implementation.--Notwithstanding any other
provision of law, the Secretary may implement this
paragraph by program instruction or otherwise.
``(6) Confidentiality.--
``(A) In general.--Information disclosed by a
pharmacy benefit manager, an affiliate of a pharmacy
benefit manager, a PDP sponsor, or a pharmacy under
this subsection that is not otherwise publicly
available or available for purchase shall not be
disclosed by the Secretary or a PDP sponsor receiving
the information, except that the Secretary may disclose
the information for the following purposes:
``(i) As the Secretary determines necessary
to carry out this part.
``(ii) To permit the Comptroller General to
review the information provided.
``(iii) To permit the Director of the
Congressional Budget Office to review the
information provided.
``(iv) To permit the Executive Director of
the Medicare Payment Advisory Commission to
review the information provided.
``(v) To the Attorney General for the
purposes of conducting oversight and
enforcement under this title.
``(vi) To the Inspector General of the
Department of Health and Human Services in
accordance with its authorities under the
Inspector General Act of 1978 (section 406 of
title 5, United States Code), and other
applicable statutes.
``(B) Restriction on use of information.--The
Secretary, the Comptroller General, the Director of the
Congressional Budget Office, and the Executive Director
of the Medicare Payment Advisory Commission shall not
report on or disclose information disclosed pursuant to
subparagraph (A) to the public in a manner that would
identify--
``(i) a specific pharmacy benefit manager,
affiliate, pharmacy, manufacturer, wholesaler,
PDP sponsor, or plan; or
``(ii) contract prices, rebates, discounts,
or other remuneration for specific drugs in a
manner that may allow the identification of
specific contracting parties or of such
specific drugs.
``(7) Definitions.--For purposes of this subsection:
``(A) Affiliate.--The term `affiliate' means, with
respect to any pharmacy benefit manager or PDP sponsor,
any entity that, directly or indirectly--
``(i) owns or is owned by, controls or is
controlled by, or is otherwise related in any
ownership structure to such pharmacy benefit
manager or PDP sponsor; or
``(ii) acts as a contractor, principal, or
agent to such pharmacy benefit manager or PDP
sponsor, insofar as such contractor, principal,
or agent performs any of the functions
described under subparagraph (C).
``(B) Bona fide service fee.--The term `bona fide
service fee' means a fee that is reflective of the fair
market value (as specified by the Secretary, through
notice and comment rulemaking) for a bona fide,
itemized service actually performed on behalf of an
entity, that the entity would otherwise perform (or
contract for) in the absence of the service arrangement
and that is not passed on in whole or in part to a
client or customer, whether or not the entity takes
title to the drug. Such fee must be a flat dollar
amount and shall not be directly or indirectly based
on, or contingent upon--
``(i) drug price, such as wholesale
acquisition cost or drug benchmark price (such
as average wholesale price);
``(ii) the amount of discounts, rebates,
fees, or other direct or indirect remuneration
with respect to covered part D drugs dispensed
to enrollees in a prescription drug plan,
except as permitted pursuant to paragraph
(1)(A)(ii);
``(iii) coverage or formulary placement
decisions or the volume or value of any
referrals or business generated between the
parties to the arrangement; or
``(iv) any other amounts or methodologies
prohibited by the Secretary.
``(C) Pharmacy benefit manager.--The term `pharmacy
benefit manager' means any person or entity that,
either directly or through an intermediary, acts as a
price negotiator or group purchaser on behalf of a PDP
sponsor or prescription drug plan, or manages the
prescription drug benefits provided by such sponsor or
plan, including the processing and payment of claims
for prescription drugs, the performance of drug
utilization review, the processing of drug prior
authorization requests, the adjudication of appeals or
grievances related to the prescription drug benefit,
contracting with network pharmacies, controlling the
cost of covered part D drugs, or the provision of
related services. Such term includes any person or
entity that carries out one or more of the activities
described in the preceding sentence, irrespective of
whether such person or entity calls itself a `pharmacy
benefit manager'.''.
(2) MA-PD plans.--Section 1857(f)(3) of the Social Security
Act (42 U.S.C. 1395w-27(f)(3)), as amended by section
6223(d)(2), is amended by adding at the end the following new
subparagraph:
``(G) Requirements relating to pharmacy benefit
managers.--For plan years beginning on or after January
1, 2028, section 1860D-12(h).''.
(3) Nonapplication of paperwork reduction act.--Chapter 35
of title 44, United States Code, shall not apply to the
implementation of this subsection.
(4) Funding.--
(A) Secretary.--In addition to amounts otherwise
available, there is appropriated to the Centers for
Medicare & Medicaid Services Program Management
Account, out of any money in the Treasury not otherwise
appropriated, $113,000,000 for fiscal year 2026, to
remain available until expended, to carry out this
subsection.
(B) OIG.--In addition to amounts otherwise
available, there is appropriated to the Inspector
General of the Department of Health and Human Services,
out of any money in the Treasury not otherwise
appropriated, $20,000,000 for fiscal year 2026, to
remain available until expended, to carry out this
subsection.
b
GAO Study and Report on Price-related Compensation Across the
Supply Chain.--
(1) Study.--The Comptroller General of the United States
(in this subsection referred to as the ``Comptroller General'')
shall conduct a study describing the use of compensation and
payment structures related to a prescription drug's price
within the retail prescription drug supply chain in part D of
title XVIII of the Social Security Act (42 U.S.C. 1395w-101 et
seq.). Such study shall summarize information from Federal
agencies and industry experts, to the extent available, with
respect to the following:
(A) The type, magnitude, other features (such as
the pricing benchmarks used), and prevalence of
compensation and payment structures related to a
prescription drug's price, such as calculating fee
amounts as a percentage of a prescription drug's price,
between intermediaries in the prescription drug supply
chain, including--
i
pharmacy benefit managers;
(ii) PDP sponsors offering prescription
drug plans and Medicare Advantage organizations
offering MA-PD plans;
(iii) drug wholesalers;
(iv) pharmacies;
v
manufacturers;
(vi) pharmacy services administrative
organizations;
(vii) brokers, auditors, consultants, and
other entities that--
(I) advise PDP sponsors offering
prescription drug plans and Medicare
Advantage organizations offering MA-PD
plans regarding pharmacy benefits; or
(II) review PDP sponsor and
Medicare Advantage organization
contracts with pharmacy benefit
managers; and
(viii) other service providers that
contract with any of the entities described in
clauses (i) through (vii) that may use price-
related compensation and payment structures,
such as rebate aggregators (or other entities
that negotiate or process price concessions on
behalf of pharmacy benefit managers, plan
sponsors, or pharmacies).
(B) The primary business models and compensation
structures for each category of intermediary described
in subparagraph (A).
(C) Variation in price-related compensation
structures between affiliated entities (such as
entities with common ownership, either full or partial,
and subsidiary relationships) and unaffiliated
entities.
(D) Potential conflicts of interest among
contracting entities related to the use of prescription
drug price-related compensation structures, such as the
potential for fees or other payments set as a
percentage of a prescription drug's price to advantage
formulary selection, distribution, or purchasing of
prescription drugs with higher prices.
(E) Notable differences, if any, in the use and
level of price-based compensation structures over time
and between different market segments, such as under
part D of title XVIII of the Social Security Act (42
U.S.C. 1395w-101 et seq.) and the Medicaid program
under title XIX of such Act (42 U.S.C. 1396 et seq.).
(F) The effects of drug price-related compensation
structures and alternative compensation structures on
Federal health care programs and program beneficiaries,
including with respect to cost-sharing, premiums,
Federal outlays, biosimilar and generic drug adoption
and utilization, drug shortage risks, and the potential
for fees set as a percentage of a drug's price to
advantage the formulary selection, distribution, or
purchasing of drugs with higher prices.
(G) Other issues determined to be relevant and
appropriate by the Comptroller General.
(2) Report.--Not later than 2 years after the date of
enactment of this section, the Comptroller General shall submit
to Congress a report containing the results of the study
conducted under paragraph (1), together with recommendations
for such legislation and administrative action as the
Comptroller General determines appropriate.
c
Medpac Reports on Agreements With Pharmacy Benefit Managers
With Respect to Prescription Drug Plans and Ma-pd Plans.--
(1) In general.--The Medicare Payment Advisory Commission
shall submit to Congress the following reports:
(A) Initial report.--Not later than the first March
15 occurring after the date that is 2 years after the
date on which the Secretary makes the data available to
the Commission, a report regarding agreements with
pharmacy benefit managers with respect to prescription
drug plans and MA-PD plans. Such report shall include,
to the extent practicable--
i
a description of trends and patterns,
including relevant averages, totals, and other
figures for the types of information submitted;
(ii) an analysis of any differences in
agreements and their effects on plan enrollee
out-of-pocket spending and average pharmacy
reimbursement, and other impacts; and
(iii) any recommendations the Commission
determines appropriate.
(B) Final report.--Not later than 2 years after the
date on which the Commission submits the initial report
under subparagraph (A), a report describing any changes
with respect to the information described in
subparagraph (A) over time, together with any
recommendations the Commission determines appropriate.
(2) Funding.--In addition to amounts otherwise available,
there is appropriated to the Medicare Payment Advisory
Commission, out of any money in the Treasury not otherwise
appropriated, $1,000,000 for fiscal year 2026, to remain
available until expended, to carry out this subsection.
SEC. 6225. REQUIRING A SEPARATE IDENTIFICATION NUMBER AND AN
ATTESTATION FOR EACH OFF-CAMPUS OUTPATIENT DEPARTMENT OF
A PROVIDER.
a
In General.--Section 1833(t) of the Social Security Act (42
U.S.C. 1395l(t)) is amended by adding at the end the following new
paragraph:
``(23) Use of unique health identifiers; attestation.--
``(A) In general.--No payment may be made under
this subsection (or under an applicable payment system
pursuant to paragraph (21)) for items and services
furnished on or after January 1, 2028, by an off-campus
outpatient department of a provider (as defined in
subparagraph (C)) unless--
``(i) such department has obtained, and
such items and services are billed under, a
National Provider Identifier that is separate
from such identifier for such provider;
``(ii) such provider has submitted to the
Secretary, during the 2-year period ending on
the date such items and services are so
furnished, an initial provider-based status
attestation that such department is compliant
with the requirements described in section
413.65 of title 42, Code of Federal Regulations
(or a successor regulation), which, until the
Secretary establishes the process described in
subparagraph (B), may include an attestation
submitted in accordance with paragraph (b)(3)
of such section (as in effect on the date of
enactment of this paragraph); and
``(iii) after such provider has submitted
an attestation under clause (ii), such provider
has submitted a subsequent attestation within
the timeframe specified by the Secretary.
``(B) Process for submission and review.--
``(i) In general.--The Secretary shall,
through notice and comment rulemaking,
establish a process for each provider with an
off-campus outpatient department of a provider
to submit an initial and subsequent attestation
pursuant to clauses (ii) and (iii),
respectively, of subparagraph (A), and for the
Secretary to review each such attestation and
determine, through site visits, remote audits,
or other means (as determined appropriate by
the Secretary), whether such department is
compliant with the requirements described in
such subparagraph.
``(ii) Funding.--In addition to amounts
otherwise available, there is appropriated to
the Centers for Medicare & Medicaid Services
Program Management Account for fiscal year
2026, out of any amounts in the Treasury not
otherwise appropriated, $20,000,000, to remain
available until expended, for purposes of
carrying out this subparagraph.
``(C) Off-campus outpatient department of a
provider defined.--For purposes of this paragraph, the
term `off-campus outpatient department of a provider'
means a department of a provider (as defined in section
413.65 of title 42, Code of Federal Regulations, or any
successor regulation) that is not located--
``(i) on the campus (as defined in such
section) of such provider; or
``(ii) within the distance (described in
such definition of campus) from a remote
location of a hospital facility (as defined in
such section).''.
b
HHS OIG Analysis.--Not later than January 1, 2030, the
Inspector General of the Department of Health and Human Services shall
submit to Congress--
(1) an analysis of the process established by the Secretary
of Health and Human Services to conduct the reviews and
determinations described in section 1833(t)(23)(B) of the
Social Security Act, as added by subsection (a) of this
section; and
(2) recommendations based on such analysis, as the
Inspector General determines appropriate.
SEC. 6226. REVISING PHASE-IN OF MEDICARE CLINICAL LABORATORY TEST
PAYMENT CHANGES.
a
Revised Phase-in of Reductions From Private Payor Rate
Implementation.--Section 1834A(b)(3) of the Social Security Act (42
U.S.C. 1395m-1(b)(3)) is amended--
(1) in subparagraph (A), by striking ``2028'' and inserting
``2029''; and
(2) in subparagraph (B)--
(A) in clause (ii), by striking ``2025 and for the
period beginning on January 1, 2026, and ending on
January 30, 2026'' and inserting ``2026''; and
(B) in clause (iii), by striking ``the period
beginning on January 31, 2026, and ending on December
31, 2026, and for each of 2027 and 2028'' and inserting
``each of 2027 through 2029''.
b
Revised Data Collection Period for Reporting of Private Sector
Payment Rates for Establishment of Medicare Payment Rates.--Section
1834A(a)(4)(B) of the Social Security Act (42 U.S.C. 1395m-1(a)(4)(B))
is amended by striking ``2019'' each place it appears and inserting
``2025'' in each such place.
c
Revised Reporting Period for Reporting of Private Sector
Payment Rates for Establishment of Medicare Payment Rates.--Section
1834A(a)(1)(B) of the Social Security Act (42 U.S.C. 1395m-1(a)(1)(B))
is amended--
(1) in clause (i), by striking ``January 31'' and inserting
``April 30''; and
(2) in clause (ii), by striking ``February 1, 2026, and
ending April 30, 2026'' and inserting ``May 1, 2026, and ending
July 31, 2026''.
d
Implementation.--Notwithstanding any other provision of law,
the Secretary of Health and Human Services may implement the amendments
made by this section by program instruction or otherwise.
SEC. 6227. MEDICARE SEQUESTRATION.
Section 251A(6) of the Balanced Budget and Emergency Deficit
Control Act of 1985 (2 U.S.C. 901a(6)) is amended--
(1) in subparagraph (D), by striking ``such that,'' and all
that follows and inserting ``such that the payment reduction
shall be 2.0 percent for such fiscal year.''; and
(2) by adding at the end the following:
``(F) On the date on which the President submits the budget
under section 1105 of title 31, United States Code, for fiscal
year 2033, the President shall order a sequestration of
payments for the Medicare programs specified in section 256(d),
effective upon issuance, such that, notwithstanding the 2
percent limit specified in subparagraph (A) for such payments--
``(i) with respect to the first 5 months in which
such order is effective for such fiscal year, the
payment reduction shall be 2.0 percent; and
``(ii) with respect to the last 7 months in which
such order is effective for such fiscal year, the
payment reduction shall be 0 percent.''.
SEC. 6228. MEDICARE IMPROVEMENT FUND.
Section 1898(b)(1) of the Social Security Act (42 U.S.C.
1395iii(b)(1)) is amended by striking ``$1,403,000,000'' and inserting
``$2,062,000,000''.
TITLE III--HUMAN SERVICES
SEC. 6301. SEXUAL RISK AVOIDANCE EDUCATION EXTENSION.
Section 510 of the Social Security Act (42 U.S.C. 710) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
i
by striking ``2025, and for the period
beginning on October 1, 2025, and ending on
January 30, 2026'' and inserting ``2026, and
for the period beginning on October 1, 2026,
and ending on December 31, 2026''; and
(ii) by striking ``fiscal year 2026'' and
inserting ``fiscal year 2027''; and
(B) in paragraph (2)--
i
in subparagraph (A)--
(I) by striking ``through 2025''
and inserting ``through 2026''; and
(II) by striking ``fiscal year
2026'' each place it appears and
inserting ``fiscal year 2027''; and
(ii) in subparagraph (B)(i), by striking
``2026'' and inserting ``2027''; and
(2) in subsection (f)(1) by striking ``2025, and for the
period beginning on October 1, 2025, and ending on January 30,
2026, an amount equal to the pro rata portion of the amount
appropriated for the corresponding period for fiscal year
2025'' and inserting ``2026, and for the period beginning on
October 1, 2026, and ending on December 31, 2026, an amount
equal to the pro rata portion of the amount appropriated for
the corresponding period for fiscal year 2026''.
SEC. 6302. PERSONAL RESPONSIBILITY EDUCATION EXTENSION.
Section 513 of the Social Security Act (42 U.S.C. 713) is amended--
(1) in subsection (a)(1)--
(A) in subparagraph (A), in the matter preceding
clause (i), by striking ``2025, and for the period
beginning on October 1, 2025, and ending on January 30,
2026'' and inserting ``2026, and for the period
beginning on October 1, 2026, and ending on December
31, 2026''; and
(B) in subparagraph (B)(i), by striking ``fiscal
years 2024 and 2025, and for the period beginning on
October 1, 2025, and ending on January 30, 2026'' and
inserting ``fiscal years 2025 and 2026, and for the
period beginning on October 1, 2026, and ending on
December 31, 2026'';
(2) in subsection (c)(3), by striking ``2026'' and
inserting ``2027''; and
(3) in subsection (f), by striking ``2025, and for the
period beginning on October 1, 2025, and ending on January 30,
2026, an amount equal to the pro rata portion of the amount
appropriated for the corresponding period for fiscal year
2025'' and inserting ``2026, and for the period beginning on
October 1, 2026, and ending on December 31, 2026, an amount
equal to the pro rata portion of the amount appropriated for
the corresponding period for fiscal year 2026''.
SEC. 6303. EXTENSION OF FUNDING FOR FAMILY-TO-FAMILY HEALTH INFORMATION
CENTERS.
Section 501(c)(1)(A) of the Social Security Act (42 U.S.C.
701(c)(1)(A)) is amended--
(1) in clause (viii), by striking ``for fiscal year 2025''
and inserting ``for each of fiscal years 2025 and 2026''; and
(2) in clause (ix), by striking ``October 1, 2025, and
ending on January 30, 2026, an amount equal to the pro rata
portion of the amount appropriated for fiscal year 2025'' and
inserting ``October 1, 2026, and ending on December 31, 2026,
an amount equal to the pro rata portion of the amount
appropriated for fiscal year 2026''.
SEC. 6304. EXTENSION OF THE TEMPORARY ASSISTANCE FOR NEEDY FAMILIES
PROGRAM.
Activities authorized by part A of title IV of the Social Security
Act (other than under section 403(c) or 418 of such Act) and section
1108(b) of the Social Security Act shall continue through December 31,
2026, in the manner authorized for fiscal year 2025, and out of any
money in the Treasury of the United States not otherwise appropriated,
there are hereby appropriated such sums as may be necessary for such
purpose.
TITLE IV--PUBLIC HEALTH AND OTHER EXTENDERS
Subtitle A--Extensions
SEC. 6401. EXTENSION FOR COMMUNITY HEALTH CENTERS, NATIONAL HEALTH
SERVICE CORPS, AND TEACHING HEALTH CENTERS THAT OPERATE
GME PROGRAMS.
a
Extension for Community Health Centers.--Section 10503(b)(1) of
the Patient Protection and Affordable Care Act (42 U.S.C. 254b-2(b)(1))
is amended by striking subparagraphs (H), (I), (J), and (K) and
inserting the following:
``(H) $4,236,712,328 for fiscal year 2024;
``(I) $4,295,287,671 for fiscal year 2025;
``(J) $4,600,000,000 for fiscal year 2026; and
``(K) $1,159,452,055 for the period beginning on
October 1, 2026, and ending on December 31, 2026;
and''.
b
Extension for the National Health Service Corps.--Section
10503(b)(2) of the Patient Protection and Affordable Care Act (42
U.S.C. 254b-2(b)(2)) is amended by striking subparagraphs (I), (J),
(K), and (L) and inserting the following:
``(I) $341,208,605 for fiscal year 2024;
``(J) $349,736,600 for fiscal year 2025;
``(K) $350,000,000 for fiscal year 2026; and
``(L) $88,219,178 for the period beginning on
October 1, 2026, and ending on December 31, 2026.''.
c
Teaching Health Centers That Operate Graduate Medical Education
Programs.--Section 340H(g)(1) of the Public Health Service Act (42
U.S.C. 256h(g)(1)) is amended by striking subparagraphs (D), (E), (F),
and (G) and inserting the following: ``
``(D) $168,915,878 for fiscal year 2024;
``(E) $181,563,574 for fiscal year 2025;
``(F) $225,000,000 for fiscal year 2026;
``(G) $250,000,000 for fiscal year 2027;
``(H) $275,000,000 for fiscal year 2028; and
``(I) $300,000,000 for fiscal year 2029.''.
d
Application of Provisions.--Amounts appropriated pursuant to
the amendments made by this section shall be subject to the
requirements contained in Public Law 118-47 for funds for programs
authorized under sections 330 through 340 of the Public Health Service
Act (42 U.S.C. 254b et seq.).
e
Conforming Amendments.--Section 3014(h)(4) of title 18, United
States Code, is amended by striking ``and section 6101(d) of the
Continuing Appropriations, Agriculture, Legislative Branch, Military
Construction and Veterans Affairs, and Extensions Act, 2026'' and
inserting ``section 6101(d) of the Continuing Appropriations,
Agriculture, Legislative Branch, Military Construction and Veterans
Affairs, and Extensions Act, 2026, and section 6401(d) of the
Consolidated Appropriations Act, 2026''.
SEC. 6402. EXTENSION OF SPECIAL DIABETES PROGRAMS.
a
Extension of Special Diabetes Programs for Type I Diabetes.--
Section 330B(b)(2) of the Public Health Service Act (42 U.S.C. 254c-
2(b)(2)) is amended by striking subparagraphs (E), (F), (G), and (H)
and inserting the following:
``(E) $155,619,196 for fiscal year 2024, to remain
available until expended;
``(F) $159,228,188 for fiscal year 2025, to remain
available until expended;
``(G) $200,000,000 for fiscal year 2026, to remain
available until expended; and
``(H) $50,410,959 for the period beginning on
October 1, 2026, and ending on December 31, 2026, to
remain available until expended.''.
b
Extending Funding for Special Diabetes Programs for Indians.--
Section 330C(c)(2) of the Public Health Service Act (42 U.S.C. 254c-
3(c)(2)) is amended by striking subparagraphs (E), (F), (G), and (H)
and inserting the following:
``(E) $155,619,196 for fiscal year 2024, to remain
available until expended;
``(F) $159,228,188 for fiscal year 2025, to remain
available until expended;
``(G) $200,000,000 for fiscal year 2026, to remain
available until expended; and
``(H) $50,410,959 for the period beginning on
October 1, 2026, and ending on December 31, 2026, to
remain available until expended.''.
SEC. 6403. EXTENSION OF NATIONAL HEALTH SECURITY PROGRAMS.
a
Section 319(e)(8) of the Public Health Service Act (42 U.S.C.
247d(e)(8)) is amended by striking ``January 30, 2026'' and inserting
``December 31, 2026''.
b
Section 319L(e)(1)(D) of the Public Health Service Act (42
U.S.C. 247d-7e(e)(1)(D)) is amended by striking ``January 30, 2026''
and inserting ``December 31, 2026''.
c
Section 319L-1(b) of the Public Health Service Act (42 U.S.C.
247d-7f(b)) is amended by striking ``January 30, 2026'' and inserting
``December 31, 2026''.
d
Section 2811A(g) of the Public Health Service Act (42 U.S.C.
300hh-10b(g)) is amended by striking ``January 30, 2026'' and inserting
``December 31, 2026''.
e
Section 2811B(g)(1) of the Public Health Service Act (42 U.S.C.
300hh-10c(g)(1)) is amended by striking ``January 30, 2026'' and
inserting ``December 31, 2026''.
f
Section 2811C(g)(1) of the Public Health Service Act (42 U.S.C.
300hh-10d(g)(1)) is amended by striking ``January 30, 2026'' and
inserting ``December 31, 2026''.
g
Section 2812(c)(4)(B) of the Public Health Service Act (42
U.S.C. 300hh-11(c)(4)(B)) is amended by striking ``January 30, 2026''
and inserting ``December 31, 2026''.
SEC. 6404. NO SURPRISES ACT IMPLEMENTATION.
Section 118(a) of division BB of the Consolidated Appropriations
Act, 2021 (Public Law 116-260) is amended--
(1) in paragraph (1), by striking ``January 30, 2026'' and
inserting ``December 31, 2026''; and
(2) in paragraph (2)--
(A) by striking ``$14,000,000'' and inserting
``$42,100,000''; and
(B) by striking ``January 30, 2026'' and inserting
``December 31, 2026''.
Subtitle B--World Trade Center Health Program
SEC. 6411. 9/11 RESPONDER AND SURVIVOR HEALTH FUNDING CORRECTIONS.
a
In General.--Section 3351(a)(2)(A) of the Public Health Service
Act (42 U.S.C. 300mm-61(a)(2)(A)) is amended--
(1) in clause (x), by striking ``; and'' and inserting a
semicolon;
(2) by redesignating clause (xi) as clause (xii); and
(3) by inserting after clause (x), the following:
``(xi) for each of fiscal years 2026
through 2040--
``(I) the amount determined under
this subparagraph for the previous
fiscal year multiplied by 1.07;
multiplied by
``(II) the ratio of--
``(aa) the total number of
individuals enrolled in the WTC
Program on July 1 of such
previous fiscal year; to
``(bb) the total number of
individuals so enrolled on July
1 of the fiscal year prior to
such previous fiscal year;
and''.
b
Report to Congress.--
(1) In general.--Not later than 3 years after the date of
enactment of this Act, the Secretary of Health and Human
Services (referred to in this subsection as the ``Secretary'')
shall conduct an assessment of anticipated budget authority and
outlays of the World Trade Center Health Program (referred to
in this subsection as the ``Program'') through the duration of
the Program and submit a report summarizing such assessment
to--
(A) the Speaker and minority leader of the House of
Representatives;
(B) the majority and minority leaders of the
Senate;
(C) the Committee on Health, Education, Labor, and
Pensions and the Committee on the Budget of the Senate;
and
(D) the Committee on Energy and Commerce and the
Committee on the Budget of the House of
Representatives.
(2) Inclusions.--The report required under paragraph (1)
shall include--
(A) a projection of Program budgetary needs on a
per-fiscal year basis through fiscal year 2090;
(B) a review of Program modeling for each of fiscal
years 2017 through the fiscal year prior to the fiscal
year in which the report is issued to assess how
anticipated budgetary needs compared to actual
expenditures;
(C) an assessment of the projected budget authority
and expenditures of the Program through fiscal year
2090 by comparing--
i
such projected authority and
expenditures resulting from application of
section 3351(a)(2)(A) of the Public Health
Service Act (42 U.S.C. 300mm-61(a)(2)(A)), as
amended by subsection (a); and
(ii) such projected authority and
expenditures that would result if such section
were amended so that the formula under clause
(xi) of such section, as amended by subsection
a
, were to be extended through fiscal year
2090; and
(D) any recommendations of the Secretary to make
changes to the formula under such section
3351(a)(2)(A), as so amended, to fully offset
anticipated Program expenditures through fiscal year
2090.
c
Technical Amendments.--Title XXXIII of the Public Health
Service Act (42 U.S.C. 300mm et seq.) is amended--
(1) in section 3352(d) (42 U.S.C. 300mm-62(d)), by striking
``Any amounts'' and inserting ``Any unobligated amounts'';
(2) in section 3353(d) (42 U.S.C. 300mm-63(d)), by striking
``Any amounts'' and inserting ``Any unobligated amounts''; and
(3) in section 3354(d) (42 U.S.C. 300mm-64(d)), by striking
``Any amounts'' and inserting ``Any unobligated amounts''.
TITLE V--PUBLIC HEALTH PROGRAMS
SEC. 6501. PREVENTING MATERNAL DEATHS.
a
Maternal Mortality Review Committees.--Section 317K(d) of the
Public Health Service Act (42 U.S.C. 247b-12(d)) is amended--
(1) in paragraph (1)(A), by inserting ``(including
obstetricians and gynecologists)'' after ``clinical
specialties''; and
(2) in paragraph (3)(A)(i)--
(A) in subclause (I), by striking ``as applicable''
and inserting ``if available''; and
(B) in subclause (III), by striking ``, as
appropriate'' and inserting ``and coordinating with
individuals responsible for certifying deaths to
improve the collection and quality of death record
reports, including by amending errors and missing or
incomplete information to cause-of-death information on
a death certificate, as appropriate''.
b
Maternal Mortality.--Section 317K of the Public Health Service
Act (42 U.S.C. 247b-12) is amended--
(1) by redesignating subsections (e) and (f) as subsections
f
and (g), respectively; and
(2) by inserting after subsection (d) the following:
``(e) Best Practices Relating to the Prevention of Maternal
Mortality.--
``(1) In general.--The Secretary, acting through the
Director of the Centers for Disease Control and Prevention,
shall, in consultation with the Administrator of the Health
Resources and Services Administration, identify and disseminate
to health care providers, relevant professional societies, and
perinatal quality collaboratives, best practices related to
preventing maternal morbidity and mortality, taking into
consideration any relevant findings from other Federal maternal
health programs.
``(2) Frequency.--The Secretary, acting through the
Director of the Centers for Disease Control and Prevention,
shall disseminate the best practices referred to in paragraph
(1) not less than once per fiscal year.''.
c
Authorization of Appropriations.--Subsection (g) of section
317K of the Public Health Service Act (42 U.S.C. 247b-12), as
redesignated by subsection (b)(1), is amended by striking ``$58,000,000
for each of fiscal years 2019 through 2023'' and inserting
``$100,000,000 for each of fiscal years 2026 through 2030''.
SEC. 6502. ORGAN PROCUREMENT AND TRANSPLANTATION NETWORK.
Section 372 of the Public Health Service Act (42 U.S.C. 274) is
amended--
(1) in subsection (b)(2)--
(A) by moving the margins of subparagraphs (M)
through (O) 2 ems to the left;
(B) in subparagraph (A)--
i
in clause (i), by striking ``, and''
and inserting ``; and''; and
(ii) in clause (ii), by striking the comma
at the end and inserting a semicolon;
(C) in subparagraph (C), by striking ``twenty-four-
hour telephone service'' and inserting ``24-hour
telephone or information technology service'';
(D) in each of subparagraphs (B) through (M), by
striking the comma at the end and inserting a
semicolon;
(E) in subparagraph (N), by striking
``transportation, and'' and inserting
``transportation;'';
(F) in subparagraph (O), by striking the period and
inserting a semicolon; and
(G) by adding at the end the following:
``(P) encourage the integration of electronic health
records systems through application programming interfaces (or
successor technologies) among hospitals, organ procurement
organizations, and transplant centers, including the use of
automated electronic hospital referrals and the grant of
remote, electronic access to hospital electronic health records
of potential donors by organ procurement organizations, in a
manner that complies with the privacy regulations promulgated
under the Health Insurance Portability and Accountability Act
of 1996, at part 160 of title 45, Code of Federal Regulations,
and subparts A, C, and E of part 164 of such title (or any
successor regulations); and
``(Q) consider establishing a dashboard to display the
number of transplants performed, the types of transplants
performed, the number and types of organs that entered the
Organ Procurement and Transplantation Network system and failed
to be transplanted, and other appropriate statistics, which
should be updated more frequently than annually.''; and
(2) by adding at the end the following:
``(d) Registration Fees.--
``(1) In general.--The Secretary may collect registration
fees from any member of the Organ Procurement and
Transplantation Network for each transplant candidate such
member places on the list described in subsection (b)(2)(A)(i).
Such registration fees shall be collected and distributed only
to support the operation of the Organ Procurement and
Transplantation Network. Such registration fees are authorized
to remain available until expended.
``(2) Collection.--The Secretary may collect the
registration fees under paragraph (1) directly or through
awards made under subsection (b)(1)(A).
``(3) Distribution.--Any amounts collected under this
subsection shall--
``(A) be credited to the currently applicable
appropriation, account, or fund of the Department of
Health and Human Services as discretionary offsetting
collections; and
``(B) be available, only to the extent and in the
amounts provided in advance in appropriations Acts, to
distribute such fees among awardees described in
subsection (b)(1)(A).
``(4) Transparency.--The Secretary shall--
``(A) promptly post on the website of the Organ
Procurement and Transplantation Network--
``(i) the amount of registration fees
collected under this subsection from each
member of the Organ Procurement and
Transplantation Network; and
``(ii) a list of activities such fees are
used to support; and
``(B) update the information posted pursuant to
subparagraph (A), as applicable for each calendar
quarter for which fees are collected under paragraph
(1).
``(5) GAO review.--Not later than 2 years after the date of
enactment of this subsection, the Comptroller General of the
United States shall, to the extent data are available--
``(A) conduct a review concerning the activities
under this subsection; and
``(B) submit to the Committee on Health, Education,
Labor, and Pensions and the Committee on Finance of the
Senate and the Committee on Energy and Commerce of the
House of Representatives, a report on such review,
including related recommendations, as applicable.
``(6) Sunset.--The authority to collect registration fees
under paragraph (1) shall expire on the date that is 3 years
after the date of enactment of the Consolidated Appropriations
Act, 2026.''.
SEC. 6503. HONOR OUR LIVING DONORS.
a
No Consideration of Income of Organ Recipient.--Section 377 of
the Public Health Service Act (42 U.S.C. 274f) is amended--
(1) by redesignating subsections (c) through (f) as
subsections (d) through (g), respectively;
(2) by inserting after subsection (b) the following:
``(c) No Consideration of Income of Organ Recipient.--The recipient
of a grant under this section, in providing reimbursement to a donating
individual through such grant, shall not give any consideration to the
income of the organ recipient.''; and
(3) in subsection (f), as so redesignated--
(A) in paragraph (1), by striking ``subsection
c
(1)'' and inserting ``subsection (d)(1)''; and
(B) in paragraph (2), by striking ``subsection
c
(2)'' and inserting ``subsection (d)(2)''.
b
Removal of Expectation of Payments by Organ Recipients.--
Section 377(e) of the Public Health Service Act (42 U.S.C. 274f(e)), as
redesignated by subsection (a)(1), is amended--
(1) in paragraph (1), by adding ``or'' at the end;
(2) in paragraph (2), by striking ``; or'' and inserting a
period; and
(3) by striking paragraph (3).
c
Annual Report.--Section 377 of the Public Health Service Act
(42 U.S.C. 274f), as amended by subsections (a) and (b), is amended by
adding at the end the following:
``(h) Annual Report.--Not later than December 31 of each year,
beginning in fiscal year 2027, the Secretary shall--
``(1) prepare, submit to the Congress, and make public a
report on whether grants under this section provided adequate
funding during the preceding fiscal year to reimburse all
donating individuals participating in the grant program under
this section for all qualifying expenses; and
``(2) include in each such report--
``(A) the estimated number of all donating
individuals participating in the grant program under
this section who did not receive reimbursement for all
qualifying expenses during the preceding fiscal year;
and
``(B) the total amount of funding that is estimated
to be necessary to fully reimburse all donating
individuals participating in the grant program under
this section for all qualifying expenses.''.
SEC. 6504. PROGRAM FOR PEDIATRIC STUDIES OF DRUGS.
Section 409I(d)(1) of the Public Health Service Act (42 U.S.C.
284m(d)(1)) is amended by striking ``section,'' and all that follows
through the period at the end and inserting ``section, $25,000,000 for
each of fiscal years 2026 through 2028.''.
SEC. 6505. SICKLE CELL DISEASE PREVENTION AND TREATMENT.
a
In General.--Section 1106(b) of the Public Health Service Act
(42 U.S.C. 300b-5(b)) is amended--
(1) in paragraph (1)(A)(iii), by striking ``prevention and
treatment of sickle cell disease'' and inserting ``treatment of
sickle cell disease and the prevention and treatment of
complications of sickle cell disease'';
(2) in paragraph (2)(D), by striking ``prevention and
treatment of sickle cell disease'' and inserting ``treatment of
sickle cell disease and the prevention and treatment of
complications of sickle cell disease'';
(3) in paragraph (3)--
(A) in subparagraph (A), by striking ``enter into a
contract with'' and inserting ``make a grant to, or
enter into a contract or cooperative agreement with,'';
and
(B) in subparagraph (B), in each of clauses (ii)
and (iii), by striking ``prevention and treatment of
sickle cell disease'' and inserting ``treatment of
sickle cell disease and the prevention and treatment of
complications of sickle cell disease''; and
(4) in paragraph (6), by striking ``$4,455,000 for each of
fiscal years 2019 through 2023'' and inserting ``$8,205,000 for
each of fiscal years 2026 through 2030''.
b
Sense of Congress.--It is the sense of Congress that further
research should be undertaken to expand the understanding of the causes
of, and to find cures for, heritable blood disorders, including sickle
cell disease.
SEC. 6506. LIFESPAN RESPITE CARE.
a
Definition of Family Caregiver.--Section 2901(5) of the Public
Health Service Act (42 U.S.C. 300ii(5)) is amended by striking ``unpaid
adult'' and inserting ``unpaid individual''.
b
Funding.--Section 2905 of the Public Health Service Act (42
U.S.C. 300ii-4) is amended by striking ``fiscal years 2020 through
fiscal year 2024'' and inserting ``fiscal years 2026 through 2030''.
SEC. 6507. PREEMIE.
a
Research Relating to Preterm Labor and Delivery and the Care,
Treatment, and Outcomes of Preterm and Low Birthweight Infants.--
(1) In general.--Section 3(e) of the Prematurity Research
Expansion and Education for Mothers who deliver Infants Early
Act (42 U.S.C. 247b-4f(e)) is amended by striking ``fiscal
years 2019 through 2023'' and inserting ``fiscal years 2026
through 2030''.
(2) Technical correction.--Effective as if included in the
enactment of the PREEMIE Reauthorization Act of 2018 (Public
Law 115-328), section 2 of such Act is amended, in the matter
preceding paragraph (1), by striking ``Section 2'' and
inserting ``Section 3''.
b
Interagency Working Group.--Section 5(a) of the PREEMIE
Reauthorization Act of 2018 (Public Law 115-328) is amended by striking
``The Secretary of Health and Human Services, in collaboration with
other departments, as appropriate, may establish'' and inserting ``Not
later than 18 months after the date of the enactment of the
Consolidated Appropriations Act, 2026, the Secretary of Health and
Human Services, in collaboration with other departments, as
appropriate, shall establish''.
c
Study on Preterm Births.--
(1) In general.--The Secretary of Health and Human Services
shall enter into appropriate arrangements with the National
Academies of Sciences, Engineering, and Medicine under which
the National Academies shall--
(A) not later than 30 days after the date of
enactment of this Act, convene a committee of experts
in maternal health to study premature births in the
United States; and
(B) upon completion of the study under subparagraph
(A)--
i
approve by consensus a report on the
results of such study;
(ii) include in such report--
(I) an assessment of each of the
topics listed in paragraph (2);
(II) the analysis required by
paragraph (3); and
(III) the raw data used to develop
such report; and
(iii) not later than 24 months after the
date of enactment of this Act, transmit such
report to--
(I) the Secretary of Health and
Human Services;
(II) the Committee on Energy and
Commerce of the House of
Representatives; and
(III) the Committee on Finance and
the Committee on Health, Education,
Labor, and Pensions of the Senate.
(2) Assessment topics.--The topics listed in this
subsection are each of the following:
(A) The financial costs of premature birth to
society, including--
i
an analysis of stays in neonatal
intensive care units and the cost of such
stays;
(ii) long-term costs of stays in such units
to society and the family involved post-
discharge; and
(iii) health care costs for families post-
discharge from such units (such as medications,
therapeutic services, co-payments for visits,
and specialty equipment).
(B) The factors that impact preterm birth rates.
(C) Opportunities for earlier detection of
premature birth risk factors, including--
i
opportunities to improve maternal and
infant health; and
(ii) opportunities for public health
programs to provide support and resources for
parents in-hospital, in non-hospital settings,
and post-discharge.
(3) Analysis.--The analysis required by this subsection is
an analysis of--
(A) targeted research strategies to develop
effective drugs, treatments, or interventions to bring
at-risk pregnancies to term;
(B) State and other programs' best practices with
respect to reducing premature birth rates; and
(C) precision medicine and preventative care
approaches starting early in the life course (including
during pregnancy) with a focus on behavioral and
biological influences on premature birth, child health,
and the trajectory of such approaches into adulthood.
SEC. 6508. DR. LORNA BREEN HEALTH CARE PROVIDER PROTECTION.
a
Dissemination of Best Practices.--Section 2 of the Dr. Lorna
Breen Health Care Provider Protection Act (Public Law 117-105) is
amended by striking ``2 years'' and inserting ``5 years''.
b
Education and Awareness Initiative Encouraging Use of Mental
Health and Substance Use Disorder Services by Health Care
Professionals.--Section 3 of the Dr. Lorna Breen Health Care Provider
Protection Act (Public Law 117-105) is amended--
(1) in subsection (b), by inserting ``and annually
thereafter,'' after ``of this Act,''; and
(2) in subsection (c), by striking ``2022 through 2024''
and inserting ``2026 through 2030''.
c
Programs to Promote Mental Health Among the Health Professional
Workforce.--The second section 764 of the Public Health Service Act (42
U.S.C. 294t), as added by section 4 of the Dr. Lorna Breen Health Care
Provider Protection Act (Public Law 117-105), is amended--
(1) by redesignating such section 764 as section 764A;
(2) in subsection (a)(3)--
(A) by striking ``to eligible entities in'' and
inserting ``to eligible entities that--
``(A) are in'';
(B) by striking the period and inserting ``; or'';
and
(C) by adding at the end the following:
``(B) have a focus on the reduction of
administrative burden on health care workers.'';
(3) in subsection (c), by inserting ``not less than'' after
``period of''; and
(4) in subsection (f), by striking ``2022 through 2024''
and inserting ``2026 through 2030''.
TITLE VI--FOOD AND DRUG ADMINISTRATION
Subtitle A--Mikaela Naylon Give Kids a Chance Act
SEC. 6601. RESEARCH INTO PEDIATRIC USES OF DRUGS; ADDITIONAL
AUTHORITIES OF FOOD AND DRUG ADMINISTRATION REGARDING
MOLECULARLY TARGETED CANCER DRUGS.
a
In General.--
(1) Additional active ingredient for application drug;
limitation regarding novel-combination application drug.--
Section 505B(a)(3) of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 355c(a)(3)) is amended--
(A) by redesignating subparagraphs (B) and (C) as
subparagraphs (C) and (D), respectively; and
(B) by striking subparagraph (A) and inserting the
following:
``(A) In general.--For purposes of paragraph
(1)(B), the investigation described in this paragraph
is a molecularly targeted pediatric cancer
investigation of--
``(i) the drug or biological product for
which the application referred to in such
paragraph is submitted; or
``(ii) such drug or biological product used
in combination with--
``(I) an active ingredient of a
drug or biological product--
``(aa) for which an
approved application under
section 505(j) under this Act
or under section 351(k) of the
Public Health Service Act is in
effect; and
``(bb) that is determined
by the Secretary, after
consultation with the
applicant, to be part of the
standard of care for treating a
pediatric cancer; or
``(II) an active ingredient of a
drug or biological product--
``(aa) for which an
approved application under
section 505(b) of this Act or
section 351(a) of the Public
Health Service Act to treat an
adult cancer is in effect and
is held by the same person
submitting the application
under paragraph (1)(B); and
``(bb) that is directed at
a molecular target that the
Secretary determines to be
substantially relevant to the
growth or progression of a
pediatric cancer.
``(B) Additional requirements.--
``(i) Design of investigation.--A
molecularly targeted pediatric cancer
investigation referred to in subparagraph (A)
shall be designed to yield clinically
meaningful pediatric study data that is
gathered using appropriate formulations for
each age group for which the study is required,
regarding dosing, safety, and preliminary
efficacy to inform potential pediatric
labeling.
``(ii) Limitation.--An investigation
described in subparagraph (A)(ii) may be
required only if the drug or biological product
for which the application referred to in
paragraph (1)(B) contains either--
``(I) a single new active
ingredient; or
``(II) more than one active
ingredient, if an application for the
combination of active ingredients has
not previously been approved but each
active ingredient is in a drug product
that has been previously approved to
treat an adult cancer.
``(iii) Results of already-completed
preclinical studies of application drug.--With
respect to an investigation required pursuant
to paragraph (1)(B), the Secretary may require
the results of any completed preclinical
studies relevant to the initial pediatric study
plan be submitted to the Secretary at the same
time that the initial pediatric study plan
required under subsection (e)(1) is submitted.
``(iv) Rule of construction regarding
inactive ingredients.--With respect to a
combination of active ingredients referred to
in subparagraph (A)(ii), such subparagraph
shall not be construed as addressing the use of
inactive ingredients with such combination.''.
(2) Determination of applicable requirements.--Section
505B(e)(1) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 355c(e)(1)) is amended by adding at the end the
following: ``The Secretary shall determine whether subparagraph
(A) or (B) of subsection (a)(1) applies with respect to an
application before the date on which the applicant is required
to submit the initial pediatric study plan under paragraph
(2)(A).''.
(3) Clarifying applicability.--Section 505B(a)(1) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355c(a)(1)) is
amended by adding at the end the following:
``(C) Rule of construction.--No application that is
subject to the requirements of subparagraph (B) shall
be subject to the requirements of subparagraph (A), and
no application (or supplement to an application) that
is subject to the requirements of subparagraph (A)
shall be subject to the requirements of subparagraph
(B).''.
(4) Conforming amendments.--Section 505B(a) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 355c(a)) is amended--
(A) in paragraph (3)(C), as redesignated by
paragraph (1)(A) of this subsection, by striking
``investigations described in this paragraph'' and
inserting ``investigations referred to in subparagraph
(A)''; and
(B) in paragraph (3)(D), as redesignated by
paragraph (1)(A) of this subsection, by striking ``the
assessments under paragraph (2)(B)'' and inserting
``the assessments required under paragraph (1)(A)''.
b
Guidance.--The Secretary of Health and Human Services, acting
through the Commissioner of Food and Drugs, shall--
(1) not later than 12 months after the date of enactment of
this Act, issue draft guidance on the implementation of the
amendments made by subsection (a); and
(2) not later than 12 months after closing the comment
period on such draft guidance, finalize such guidance.
c
Applicability.--The amendments made by this section apply with
respect to any application under section 505(b) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 355(b)) and any application under
section 351(a) of the Public Health Service Act (42 U.S.C. 262(a)),
that is submitted on or after the date that is 3 years after the date
of enactment of this Act.
d
Reports to Congress.--
(1) Secretary of health and human services.--Not later than
6 years after the date of enactment of this Act, the Secretary
of Health and Human Services shall submit to the Committee on
Energy and Commerce of the House of Representatives and the
Committee on Health, Education, Labor, and Pensions of the
Senate a report on the Secretary's efforts, in coordination
with industry, to ensure implementation of the amendments made
by subsection (a).
(2) GAO study and report.--
(A) Study.--Not later than 8 years after the date
of enactment of this Act, the Comptroller General of
the United States shall conduct a study of the
effectiveness of requiring assessments and
investigations described in section 505B of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C.355c), as
amended by subsection (a), in the development of drugs
and biological products for pediatric cancer
indications, including consideration of any benefits
to, or burdens on, pediatric cancer drug development.
(B) Findings.--Not later than 10 years after the
date of enactment of this Act, the Comptroller General
shall submit to the Committee on Energy and Commerce of
the House of Representatives and the Committee on
Health, Education, Labor, and Pensions of the Senate a
report containing the findings of the study conducted
under subparagraph (A).
SEC. 6602. ENSURING COMPLETION OF PEDIATRIC STUDY REQUIREMENTS.
a
Equal Accountability for Pediatric Study Requirements.--Section
505B(d) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355c(d))
is amended--
(1) in paragraph (1), by striking ``Beginning 270'' and
inserting ``Noncompliance letter.--Beginning 270'';
(2) in paragraph (2)--
(A) by striking ``The drug or'' and inserting
``Effect of noncompliance.--The drug or''; and
(B) by striking ``(except that the drug or
biological product shall not be subject to action under
section 303)'' and inserting ``(except that the drug or
biological product shall be subject to action under
section 303 only if such person demonstrated a lack of
due diligence in satisfying the applicable
requirement)''; and
(3) by adding at the end the following:
``(3) Limitation.--The Secretary shall not issue
enforcement actions under section 303 for failures under this
subsection in the case of a drug or biological product that is
no longer marketed.''.
b
Due Diligence.--Section 505B(d) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 355c(d)), as amended by subsection (a), is
further amended by adding at the end the following:
``(4) Due diligence.--Before the Secretary may conclude
that a person failed to submit or otherwise meet a requirement
as described in the matter preceding paragraph (1), the
Secretary shall--
``(A) issue a noncompliance letter pursuant to
paragraph (1);
``(B) provide such person with a 45-day period
beginning on the date of receipt of such noncompliance
letter to respond in writing as set forth in such
paragraph; and
``(C) after reviewing such written response,
determine whether the person demonstrated a lack of due
diligence in satisfying such requirement.''.
c
Conforming Amendments.--Section 303(f)(4)(A) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 333(f)(4)(A)) is amended by
striking ``or 505-1'' and inserting ``505-1, or 505B''.
d
Transition Rule.--The Secretary of Health and Human Services
may take enforcement action under section 303 of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 333) only for failures described in
section 505B(d) of such Act (21 U.S.C. 355c(d)) that occur on or after
the date that is 180 days after the date of enactment of this Act.
SEC. 6603. FDA REPORT ON PREA ENFORCEMENT.
Section 508(b) of the Food and Drug Administration Safety and
Innovation Act (21 U.S.C. 355c-1(b)) is amended--
(1) in paragraph (11), by striking the semicolon at the end
and inserting ``, including an evaluation of compliance with
deadlines provided for in deferrals and deferral extensions;'';
(2) in paragraph (15), by striking ``and'' at the end;
(3) in paragraph (16), by striking the period at the end
and inserting ``; and''; and
(4) by adding at the end the following:
``(17) a listing of penalties, settlements, or payments
under section 303 of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 353) for failure to comply with requirements under
such section 505B, including, for each penalty, settlement, or
payment, the name of the drug, the sponsor thereof, and the
amount of the penalty, settlement, or payment imposed.''.
SEC. 6604. EXTENSION OF AUTHORITY TO ISSUE PRIORITY REVIEW VOUCHERS TO
ENCOURAGE TREATMENTS FOR RARE PEDIATRIC DISEASES.
a
Extension.--Paragraph (5) of section 529(b) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 360ff(b)) is amended by
striking ``December 20, 2024, unless'' and all that follows through the
period at the end and inserting ``September 30, 2029.''.
b
User Fee Payment.--Section 529(c)(4) of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 360ff(c)(4)) is amended by striking
subparagraph (A) and inserting the following:
``(A) In general.--The priority review user fee
required by this subsection shall be due upon the
submission of a human drug application under section
505(b)(1) or section 351(a) of the Public Health
Service Act for which the priority review voucher is
used. All other user fees associated with the human
drug application shall be due as required by the
Secretary or under applicable law.''.
c
GAO Report on Effectiveness of Rare Pediatric Disease Priority
Voucher Awards in Incentivizing Rare Pediatric Disease Drug
Development.--
(1) GAO study.--
(A) Study.--The Comptroller General of the United
States shall conduct a study of the effectiveness of
awarding rare pediatric disease priority vouchers under
section 529 of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 360ff), as amended by subsection (a), in the
development of human drug products that treat or
prevent rare pediatric diseases (as defined in such
section 529).
(B) Contents of study.--In conducting the study
under subparagraph (A), the Comptroller General shall
examine the following:
i
The indications for each drug or
biological product that--
(I) is the subject of a rare
pediatric disease product application
(as defined in section 529 of the
Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 360ff)) for which a priority
review voucher was awarded; and
(II) was approved under section 505
of the Federal Food, Drug, and Cosmetic
Act (42 U.S.C. 355) or licensed under
section 351 of the Public Health
Service Act (42 U.S.C. 262).
(ii) Whether, and to what extent, an unmet
need related to the treatment or prevention of
a rare pediatric disease was met through the
approval or licensure of such a drug or
biological product.
(iii) The size of the company to which a
priority review voucher was awarded under
section 529 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 360ff) for such a drug
or biological product.
(iv) The value of such priority review
voucher if transferred.
v
Identification of each drug for which a
priority review voucher awarded under such
section 529 was used.
(vi) The size of the company using each
priority review voucher awarded under such
section 529.
(vii) The length of the period of time
between the date on which a priority review
voucher was awarded under such section 529 and
the date on which it was used.
(viii) Whether, and to what extent, an
unmet need related to the treatment or
prevention of a rare pediatric disease was met
through the approval under section 505 of the
Federal Food, Drug, and Cosmetic Act (42 U.S.C.
355) or licensure under section 351 of the
Public Health Service Act (42 U.S.C. 262) of a
drug for which a priority review voucher was
used.
(ix) Whether, and to what extent, companies
were motivated by the availability of priority
review vouchers under section 529 of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C.
360ff) to attempt to develop a drug for a rare
pediatric disease.
x
Whether, and to what extent, pediatric
review vouchers awarded under such section were
successful in stimulating development and
expedited patient access to drug products for
treatment or prevention of a rare pediatric
disease that wouldn't otherwise take place
without the incentive provided by such
vouchers.
(xi) The impact of such priority review
vouchers on the workload, review process, and
public health prioritization efforts of the
Food and Drug Administration.
(xii) Any other incentives in Federal law
that exist for companies developing drugs or
biological products described in clause (i).
(2) Report on findings.--Not later than 5 years after the
date of the enactment of this Act, the Comptroller General of
the United States shall submit to the Committee on Energy and
Commerce of the House of Representatives and the Committee on
Health, Education, Labor, and Pensions of the Senate a report
containing the findings of the study conducted under paragraph
(1).
SEC. 6605. LIMITATIONS ON EXCLUSIVE APPROVAL OR LICENSURE OF ORPHAN
DRUGS.
a
In General.--Section 527 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 360cc) is amended--
(1) in subsection (a), in the matter following paragraph
(2), by striking ``same disease or condition'' and inserting
``same approved use or indication within such rare disease or
condition'';
(2) in subsection (b)--
(A) in the matter preceding paragraph (1), by
striking ``same rare disease or condition'' and
inserting ``same approved use or indication for which
such 7-year period applies to such already approved or
licensed drug''; and
(B) in paragraph (1), by inserting ``, relating to
the approved use or indication,'' after ``the needs'';
(3) in subsection (c)(1), by striking ``same rare disease
or condition as the already approved drug'' and inserting
``same use or indication for which the already approved or
licensed drug was approved or licensed''; and
(4) by adding at the end the following:
``(f) Approved Use or Indication Defined.--In this section, the
term `approved use or indication' means the use or indication approved
under section 505 of this Act or licensed under section 351 of the
Public Health Service Act for a drug designated under section 526 for a
rare disease or condition.''.
b
Application of Amendments.--The amendments made by subsection
a
shall apply with respect to any drug designated under section 526
of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bb),
regardless of the date on which the drug was so designated, and
regardless of the date on which the drug was approved under section 505
of such Act (21 U.S.C. 355) or licensed under section 351 of the Public
Health Service Act (42 U.S.C. 262).
Subtitle B--United States-Abraham Accords Cooperation and Security
SEC. 6611. ESTABLISHMENT OF ABRAHAM ACCORDS OFFICE WITHIN FOOD AND DRUG
ADMINISTRATION.
a
In General.--Chapter X of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 391 et seq.) is amended by adding at the end the
following:
``SEC. 1015. ABRAHAM ACCORDS OFFICE.
``(a) In General.--The Secretary, acting through the Commissioner
of Food and Drugs, shall establish within the Food and Drug
Administration an office, to be known as the Abraham Accords Office, to
be headed by a director.
``(b) Office.--Not later than 2 years after the date of enactment
of this section, the Secretary shall--
``(1) in consultation with the governments of Abraham
Accords countries, as well as appropriate United States
Government diplomatic and security personnel--
``(A) select the location of the Abraham Accords
Office in an Abraham Accords country; and
``(B) establish such office; and
``(2) assign to such office such personnel of the Food and
Drug Administration as the Secretary determines necessary to
carry out the functions of such office.
``(c) Duties.--The Secretary, acting through the Director of the
Abraham Accords Office, shall--
``(1) after the Abraham Accords Office is established--
``(A) as part of the Food and Drug Administration's
work to strengthen the international oversight of
regulated commodities, provide technical assistance to
regulatory partners in Abraham Accords countries on
strengthening regulatory oversight and converging
regulatory requirements for the oversight of regulated
products, including good manufacturing practices and
other issues relevant to manufacturing medical products
that are regulated by the Food and Drug Administration;
and
``(B) facilitate interactions between the Food and
Drug Administration and interested parties in Abraham
Accords countries, including by sharing relevant
information regarding United States regulatory pathways
with such parties, and facilitate feedback on the
research, development, and manufacturing of products
regulated in accordance with this Act; and
``(2) carry out other functions and activities as the
Secretary determines to be necessary to carry out this section.
``(d) Abraham Accords Country Defined.--In this section, the term
`Abraham Accords country' means a country identified by the Department
of State as having signed the Abraham Accords Declaration.
``(e) National Security.--Nothing in this section shall be
construed to require any action inconsistent with a national security
recommendation provided by the Federal Government.''.
b
Report to Congress.--
(1) In general.--Not later than 3 years after the date of
enactment of this Act, the Secretary of Health and Human
Services shall submit to the Congress a report on the Abraham
Accords Office, including--
(A) an evaluation of how the Office has advanced
progress toward conformance with Food and Drug
Administration regulatory requirements by manufacturers
in the Abraham Accords countries;
(B) a numerical count of parties that the Office
has helped facilitate interactions or feedback pursuant
to section 1015(c)(1)(B) of the Federal Food, Drug, and
Cosmetic Act (as added by subsection (a));
(C) a summary of technical assistance provided to
regulatory partners in Abraham Accords countries
pursuant to subparagraph (A) of such section
1015(c)(1); and
(D) recommendations for increasing and improving
coordination between the Food and Drug Administration
and entities in Abraham Accords countries.
(2) Abraham accords country defined.--In this subsection,
the term ``Abraham Accords country'' has the meaning given such
term in section 1015(d) of the Federal Food, Drug, and Cosmetic
Act (as added by subsection (a)).
TITLE VII--LOWERING PRESCRIPTION DRUG COSTS
SEC. 6701. OVERSIGHT OF PHARMACY BENEFIT MANAGEMENT SERVICES.
a
Public Health Service Act.--Title XXVII of the Public Health
Service Act (42 U.S.C. 300gg et seq.) is amended--
(1) in part D (42 U.S.C. 300gg-111 et seq.), by adding at
the end the following new section:
``SEC. 2799A-11. OVERSIGHT OF ENTITIES THAT PROVIDE PHARMACY BENEFIT
MANAGEMENT SERVICES.
``(a) In General.--For plan years beginning on or after the date
that is 30 months after the date of enactment of this section (referred
to in this subsection and subsection (b) as the `effective date'), a
group health plan or a health insurance issuer offering group health
insurance coverage, or an entity providing pharmacy benefit management
services on behalf of such a plan or issuer, shall not enter into a
contract, including an extension or renewal of a contract, entered into
on or after the effective date, with an applicable entity unless such
applicable entity agrees to--
``(1) not limit or delay the disclosure of information to
the group health plan (including such a plan offered through a
health insurance issuer) in such a manner that prevents an
entity providing pharmacy benefit management services on behalf
of a group health plan or health insurance issuer offering
group health insurance coverage from making the reports
described in subsection (b); and
``(2) provide the entity providing pharmacy benefit
management services on behalf of a group health plan or health
insurance issuer relevant information necessary to make the
reports described in subsection (b).
``(b) Reports.--
``(1) In general.--For plan years beginning on or after the
effective date, in the case of any contract between a group
health plan or a health insurance issuer offering group health
insurance coverage offered in connection with such a plan and
an entity providing pharmacy benefit management services on
behalf of such plan or issuer, including an extension or
renewal of such a contract, entered into on or after the
effective date, the entity providing pharmacy benefit
management services on behalf of such a group health plan or
health insurance issuer, not less frequently than every 6
months (or, at the request of a group health plan, not less
frequently than quarterly, and under the same conditions,
terms, and cost of the semiannual report under this
subsection), shall submit to the group health plan a report in
accordance with this section. Each such report shall be made
available to such group health plan in plain language, in a
machine-readable format, and as the Secretary may determine,
other formats. Each such report shall include the information
described in paragraph (2).
``(2) Information described.--For purposes of paragraph
(1), the information described in this paragraph is, with
respect to drugs covered by a group health plan or group health
insurance coverage offered by a health insurance issuer in
connection with a group health plan during each reporting
period--
``(A) in the case of a group health plan that is
offered by a specified large employer or that is a
specified large plan, and is not offered as health
insurance coverage, or in the case of health insurance
coverage for which the election under paragraph (3) is
made for the applicable reporting period--
``(i) a list of drugs for which a claim was
filed and, with respect to each such drug on
such list--
``(I) the contracted compensation
paid by the group health plan or health
insurance issuer for each covered drug
(identified by the National Drug Code)
to the entity providing pharmacy
benefit management services or other
applicable entity on behalf of the
group health plan or health insurance
issuer;
``(II) the contracted compensation
paid to the pharmacy, by any entity
providing pharmacy benefit management
services or other applicable entity on
behalf of the group health plan or
health insurance issuer, for each
covered drug (identified by the
National Drug Code);
``(III) for each such claim, the
difference between the amount paid
under subclause (I) and the amount paid
under subclause (II);
``(IV) the proprietary name,
established name or proper name, and
the National Drug Code;
``(V) for each claim for the drug
(including original prescriptions and
refills) and for each dosage unit of
the drug for which a claim was filed,
the type of dispensing channel used to
furnish the drug, including retail,
mail order, or specialty pharmacy;
``(VI) with respect to each drug
dispensed, for each type of dispensing
channel (including retail, mail order,
or specialty pharmacy)--
``(aa) whether such drug is
a brand name drug or a generic
drug, and--
``(AA) in the case
of a brand name drug,
the wholesale
acquisition cost,
listed as cost per days
supply and cost per
dosage unit, on the
date such drug was
dispensed; and
``(BB) in the case
of a generic drug, the
average wholesale
price, listed as cost
per days supply and
cost per dosage unit,
on the date such drug
was dispensed; and
``(bb) the total number
of--
``(AA) prescription
claims (including
original prescriptions
and refills);
``(BB) participants
and beneficiaries for
whom a claim for such
drug was filed through
the applicable
dispensing channel;
``(CC) dosage units
and dosage units per
fill of such drug; and
``(DD) days supply
of such drug per fill;
``(VII) the net price per course of
treatment or single fill, such as a 30-
day supply or 90-day supply to the plan
or coverage after rebates, fees,
alternative discounts, or other
remuneration received from applicable
entities;
``(VIII) the total amount of out-
of-pocket spending by participants and
beneficiaries on such drug, including
spending through copayments,
coinsurance, and deductibles, but not
including any amounts spent by
participants and beneficiaries on drugs
not covered under the plan or coverage,
or for which no claim is submitted
under the plan or coverage;
``(IX) the total net spending on
the drug;
``(X) the total amount received, or
expected to be received, by the plan or
issuer from any applicable entity in
rebates, fees, alternative discounts,
or other remuneration;
``(XI) the total amount received,
or expected to be received, by the
entity providing pharmacy benefit
management services, from applicable
entities, in rebates, fees, alternative
discounts, or other remuneration from
such entities--
``(aa) for claims incurred
during the reporting period;
and
``(bb) that is related to
utilization of such drug or
spending on such drug; and
``(XII) to the extent feasible,
information on the total amount of
remuneration for such drug, including
copayment assistance dollars paid,
copayment cards applied, or other
discounts provided by each drug
manufacturer (or entity administering
copayment assistance on behalf of such
drug manufacturer), to the participants
and beneficiaries enrolled in such plan
or coverage;
``(ii) a list of each therapeutic class (as
defined by the Secretary) for which a claim was
filed under the group health plan or health
insurance coverage during the reporting period,
and, with respect to each such therapeutic
class--
``(I) the total gross spending on
drugs in such class before rebates,
price concessions, alternative
discounts, or other remuneration from
applicable entities;
``(II) the net spending in such
class after such rebates, price
concessions, alternative discounts, or
other remuneration from applicable
entities;
``(III) the total amount received,
or expected to be received, by the
entity providing pharmacy benefit
management services, from applicable
entities, in rebates, fees, alternative
discounts, or other remuneration from
such entities--
``(aa) for claims incurred
during the reporting period;
and
``(bb) that is related to
utilization of drugs or drug
spending;
``(IV) the average net spending per
30-day supply and per 90-day supply by
the plan or by the issuer with respect
to such coverage and its participants
and beneficiaries, among all drugs
within the therapeutic class for which
a claim was filed during the reporting
period;
``(V) the number of participants
and beneficiaries who filled a
prescription for a drug in such class,
including the National Drug Code for
each such drug;
``(VI) if applicable, a description
of the formulary tiers and utilization
mechanisms (such as prior authorization
or step therapy) employed for drugs in
that class; and
``(VII) the total out-of-pocket
spending under the plan or coverage by
participants and beneficiaries,
including spending through copayments,
coinsurance, and deductibles, but not
including any amounts spent by
participants and beneficiaries on drugs
not covered under the plan or coverage
or for which no claim is submitted
under the plan or coverage;
``(iii) with respect to any drug for which
gross spending under the group health plan or
health insurance coverage exceeded $10,000
during the reporting period or, in the case
that gross spending under the group health plan
or coverage exceeded $10,000 during the
reporting period with respect to fewer than 50
drugs, with respect to the 50 prescription
drugs with the highest spending during the
reporting period--
``(I) a list of all other drugs in
the same therapeutic class as such
drug;
``(II) if applicable, the rationale
for the formulary placement of such
drug in that therapeutic category or
class, selected from a list of standard
rationales established by the
Secretary, in consultation with
stakeholders; and
``(III) any change in formulary
placement compared to the prior plan
year; and
``(iv) in the case that such plan or issuer
(or an entity providing pharmacy benefit
management services on behalf of such plan or
issuer) has an affiliated pharmacy or pharmacy
under common ownership, including mandatory
mail and specialty home delivery programs,
retail and mail auto-refill programs, and cost
sharing assistance incentives funded by an
entity providing pharmacy benefit services--
``(I) an explanation of any benefit
design parameters that encourage or
require participants and beneficiaries
in the plan or coverage to fill
prescriptions at mail order, specialty,
or retail pharmacies;
``(II) the percentage of total
prescriptions dispensed by such
pharmacies to participants or
beneficiaries in such plan or coverage;
and
``(III) a list of all drugs
dispensed by such pharmacies to
participants or beneficiaries enrolled
in such plan or coverage, and, with
respect to each drug dispensed--
``(aa) the amount charged,
per dosage unit, per 30-day
supply, or per 90-day supply
(as applicable) to the plan or
issuer, and to participants and
beneficiaries;
``(bb) the median amount
charged to such plan or issuer,
and the interquartile range of
the costs, per dosage unit, per
30-day supply, and per 90-day
supply, including amounts paid
by the participants and
beneficiaries, when the same
drug is dispensed by other
pharmacies that are not
affiliated with or under common
ownership with the entity and
that are included in the
pharmacy network of such plan
or coverage;
``(cc) the lowest cost per
dosage unit, per 30-day supply
and per 90-day supply, for each
such drug, including amounts
charged to the plan or coverage
and to participants and
beneficiaries, that is
available from any pharmacy
included in the network of such
plan or coverage; and
``(dd) the net acquisition
cost per dosage unit, per 30-
day supply, and per 90-day
supply, if such drug is subject
to a maximum price discount;
and
``(B) with respect to any group health plan,
including group health insurance coverage offered in
connection with such a plan, regardless of whether the
plan or coverage is offered by a specified large
employer or whether it is a specified large plan--
``(i) a summary document for the group
health plan that includes such information
described in clauses (i) through (iv) of
subparagraph (A), as specified by the Secretary
through guidance, program instruction, or
otherwise (with no requirement of notice and
comment rulemaking), that the Secretary
determines useful to group health plans for
purposes of selecting pharmacy benefit
management services, such as an estimated net
price to group health plan and participant or
beneficiary, a cost per claim, the fee
structure or reimbursement model, and estimated
cost per participant or beneficiary;
``(ii) a summary document for plans and
issuers to provide to participants and
beneficiaries, which shall be made available to
participants or beneficiaries upon request to
their group health plan (including in the case
of group health insurance coverage offered in
connection with such a plan), that--
``(I) contains such information
described in clauses (iii), (iv), (v),
and (vi), as applicable, as specified
by the Secretary through guidance,
program instruction, or otherwise (with
no requirement of notice and comment
rulemaking) that the Secretary
determines useful to participants or
beneficiaries in better understanding
the plan or coverage or benefits under
such plan or coverage;
``(II) contains only aggregate
information; and
``(III) states that participants
and beneficiaries may request specific,
claims-level information required to be
furnished under subsection (c) from the
group health plan or health insurance
issuer; and
``(iii) with respect to drugs covered by
such plan or coverage during such reporting
period--
``(I) the total net spending by the
plan or coverage for all such drugs;
``(II) the total amount received,
or expected to be received, by the plan
or issuer from any applicable entity in
rebates, fees, alternative discounts,
or other remuneration; and
``(III) to the extent feasible,
information on the total amount of
remuneration for such drugs, including
copayment assistance dollars paid,
copayment cards applied, or other
discounts provided by each drug
manufacturer (or entity administering
copayment assistance on behalf of such
drug manufacturer) to participants and
beneficiaries;
``(iv) amounts paid directly or indirectly
in rebates, fees, or any other type of
compensation (as defined in section
408(b)(2)(B)(ii)(dd)(AA) of the Employee
Retirement Income Security Act) to brokerage
firms, brokers, consultants, advisors, or any
other individual or firm, for--
``(I) the referral of the group
health plan's or health insurance
issuer's business to an entity
providing pharmacy benefit management
services, including the identity of the
recipient of such amounts;
``(II) consideration of the entity
providing pharmacy benefit management
services by the group health plan or
health insurance issuer; or
``(III) the retention of the entity
by the group health plan or health
insurance issuer;
``(v) an explanation of any benefit design
parameters that encourage or require
participants and beneficiaries in such plan or
coverage to fill prescriptions at mail order,
specialty, or retail pharmacies that are
affiliated with or under common ownership with
the entity providing pharmacy benefit
management services under such plan or
coverage, including mandatory mail and
specialty home delivery programs, retail and
mail auto-refill programs, and cost-sharing
assistance incentives directly or indirectly
funded by such entity; and
``(vi) total gross spending on all drugs
under the plan or coverage during the reporting
period.
``(3) Opt-in for group health insurance coverage offered by
a specified large employer or that is a specified large plan.--
In the case of group health insurance coverage offered in
connection with a group health plan that is offered by a
specified large employer or is a specified large plan, such
group health plan may, on an annual basis, for plan years
beginning on or after the date that is 30 months after the date
of enactment of this section, elect to require an entity
providing pharmacy benefit management services on behalf of the
health insurance issuer to submit to such group health plan a
report that includes all of the information described in
paragraph (2)(A), in addition to the information described in
paragraph (2)(B).
``(4) Privacy requirements.--
``(A) In general.--An entity providing pharmacy
benefit management services on behalf of a group health
plan or a health insurance issuer offering group health
insurance coverage shall report information under
paragraph (1) in a manner consistent with the privacy
regulations promulgated under section 13402(a) of the
Health Information Technology for Economic and Clinical
Health Act and consistent with the privacy regulations
promulgated under the Health Insurance Portability and
Accountability Act of 1996 in part 160 and subparts A
and E of part 164 of title 45, Code of Federal
Regulations (or successor regulations) (referred to in
this paragraph as the `HIPAA privacy regulations') and
shall restrict the use and disclosure of such
information according to such privacy regulations and
such HIPAA privacy regulations.
``(B) Additional requirements.--
``(i) In general.--An entity providing
pharmacy benefit management services on behalf
of a group health plan or health insurance
issuer offering group health insurance coverage
that submits a report under paragraph (1) shall
ensure that such report contains only summary
health information, as defined in section
164.504(a) of title 45, Code of Federal
Regulations (or successor regulations).
``(ii) Restrictions.--In carrying out this
subsection, a group health plan shall comply
with section 164.504(f) of title 45, Code of
Federal Regulations (or a successor
regulation), and a plan sponsor shall act in
accordance with the terms of the agreement
described in such section.
``(C) Rule of construction.--
``(i) Nothing in this section shall be
construed to modify the requirements for the
creation, receipt, maintenance, or transmission
of protected health information under the HIPAA
privacy regulations.
``(ii) Nothing in this section shall be
construed to affect the application of any
Federal or State privacy or civil rights law,
including the HIPAA privacy regulations, the
Genetic Information Nondiscrimination Act of
2008 (Public Law 110-233) (including the
amendments made by such Act), the Americans
with Disabilities Act of 1990 (42 U.S.C. 12101
et seq.), section 504 of the Rehabilitation Act
of 1973 (29 U.S.C. 794), section 1557 of the
Patient Protection and Affordable Care Act (42
U.S.C. 18116), title VI of the Civil Rights Act
of 1964 (42 U.S.C. 2000d), and title VII of the
Civil Rights Act of 1964 (42 U.S.C. 2000e).
``(D) Written notice.--Each plan year, group health
plans, including with respect to group health insurance
coverage offered in connection with a group health
plan, shall provide to each participant or beneficiary
written notice informing the participant or beneficiary
of the requirement for entities providing pharmacy
benefit management services on behalf of the group
health plan or health insurance issuer offering group
health insurance coverage to submit reports to group
health plans under paragraph (1), as applicable, which
may include incorporating such notification in plan
documents provided to the participant or beneficiary,
or providing individual notification.
``(E) Limitation to business associates.--A group
health plan receiving a report under paragraph (1) may
disclose such information only to the entity from which
the report was received or to that entity's business
associates as defined in section 160.103 of title 45,
Code of Federal Regulations (or successor regulations)
or as permitted by the HIPAA privacy regulations.
``(F) Clarification regarding public disclosure of
information.--Nothing in this section shall prevent an
entity providing pharmacy benefit management services
on behalf of a group health plan or health insurance
issuer offering group health insurance coverage, from
placing reasonable restrictions on the public
disclosure of the information contained in a report
described in paragraph (1), except that such plan,
issuer, or entity may not--
``(i) restrict disclosure of such report to
the Department of Health and Human Services,
the Department of Labor, or the Department of
the Treasury; or
``(ii) prevent disclosure for the purposes
of subsection (c), or any other public
disclosure requirement under this section.
``(G) Limited form of report.--The Secretary shall
define through rulemaking a limited form of the report
under paragraph (1) required with respect to any group
health plan established by a plan sponsor that is, or
is affiliated with, a drug manufacturer, drug
wholesaler, or other direct participant in the drug
supply chain, in order to prevent anti-competitive
behavior.
``(5) Standard format and regulations.--
``(A) In general.--Not later than 18 months after
the date of enactment of this section, the Secretary
shall specify through rulemaking a standard format for
entities providing pharmacy benefit management services
on behalf of group health plans and health insurance
issuers offering group health insurance coverage, to
submit reports required under paragraph (1).
``(B) Additional regulations.--Not later than 18
months after the date of enactment of this section, the
Secretary shall, through rulemaking, promulgate any
other final regulations necessary to implement the
requirements of this section. In promulgating such
regulations, the Secretary shall, to the extent
practicable, align the reporting requirements under
this section with the reporting requirements under
section 2799A-10.
``(c) Requirement To Provide Information to Participants or
Beneficiaries.--A group health plan, including with respect to group
health insurance coverage offered in connection with a group health
plan, upon request of a participant or beneficiary, shall provide to
such participant or beneficiary--
``(1) the summary document described in subsection
b
(2)(B)(ii); and
``(2) the information described in subsection
b
(2)(A)(i)(III) with respect to a claim made by or on behalf
of such participant or beneficiary.
``(d) Enforcement.--
``(1) In general.--The Secretary shall enforce this
section. The enforcement authority under this subsection shall
apply only with respect to group health plans (including group
health insurance coverage offered in connection with such a
plan) to which the requirements of subparts I and II of part A
and part D apply in accordance with section 2722, and with
respect to entities providing pharmacy benefit management
services on behalf of such plans and applicable entities
providing services on behalf of such plans.
``(2) Failure to provide information.--A group health plan,
a health insurance issuer offering group health insurance
coverage, an entity providing pharmacy benefit management
services on behalf of such a plan or issuer, or an applicable
entity providing services on behalf of such a plan or issuer
that violates subsection (a); an entity providing pharmacy
benefit management services on behalf of such a plan or issuer
that fails to provide the information required under subsection
b
; or a group health plan that fails to provide the
information required under subsection (c), shall be subject to
a civil monetary penalty in the amount of $10,000 for each day
during which such violation continues or such information is
not disclosed or reported.
``(3) False information.--A health insurance issuer, an
entity providing pharmacy benefit management services, or a
third party administrator providing services on behalf of such
issuer offered by a health insurance issuer that knowingly
provides false information under this section shall be subject
to a civil monetary penalty in an amount not to exceed $100,000
for each item of false information. Such civil monetary penalty
shall be in addition to other penalties as may be prescribed by
law.
``(4) Procedure.--The provisions of section 1128A of the
Social Security Act, other than subsections (a) and (b) and the
first sentence of subsection (c)(1) of such section shall apply
to civil monetary penalties under this subsection in the same
manner as such provisions apply to a penalty or proceeding
under such section.
``(5) Waivers.--The Secretary may waive penalties under
paragraph (2), or extend the period of time for compliance with
a requirement of this section, for an entity in violation of
this section that has made a good-faith effort to comply with
the requirements in this section.
``(e) Rule of Construction.--Nothing in this section shall be
construed to permit a health insurance issuer, group health plan,
entity providing pharmacy benefit management services on behalf of a
group health plan or health insurance issuer, or other entity to
restrict disclosure to, or otherwise limit the access of, the Secretary
to a report described in subsection (b)(1) or information related to
compliance with subsections (a), (b), (c), or (d) by such issuer, plan,
or entity.
``(f) Definitions.--In this section:
``(1) Applicable entity.--The term `applicable entity'
means--
``(A) an applicable group purchasing organization,
drug manufacturer, distributor, wholesaler, rebate
aggregator (or other purchasing entity designed to
aggregate rebates), or associated third party;
``(B) any subsidiary, parent, affiliate, or
subcontractor of a group health plan, health insurance
issuer, entity that provides pharmacy benefit
management services on behalf of such a plan or issuer,
or any entity described in subparagraph (A); or
``(C) such other entity as the Secretary may
specify through rulemaking.
``(2) Applicable group purchasing organization.--The term
`applicable group purchasing organization' means a group
purchasing organization that is affiliated with or under common
ownership with an entity providing pharmacy benefit management
services.
``(3) Contracted compensation.--The term `contracted
compensation' means the sum of any ingredient cost and
dispensing fee for a drug (inclusive of the out-of-pocket costs
to the participant or beneficiary), or another analogous
compensation structure that the Secretary may specify through
regulations.
``(4) Gross spending.--The term `gross spending', with
respect to prescription drug benefits under a group health plan
or health insurance coverage, means the amount spent by a group
health plan or health insurance issuer on prescription drug
benefits, calculated before the application of rebates, fees,
alternative discounts, or other remuneration.
``(5) Net spending.--The term `net spending', with respect
to prescription drug benefits under a group health plan or
health insurance coverage, means the amount spent by a group
health plan or health insurance issuer on prescription drug
benefits, calculated after the application of rebates, fees,
alternative discounts, or other remuneration.
``(6) Plan sponsor.--The term `plan sponsor' has the
meaning given such term in section 3(16)(B) of the Employee
Retirement Income Security Act of 1974.
``(7) Remuneration.--The term `remuneration' has the
meaning given such term by the Secretary through rulemaking,
which shall be reevaluated by the Secretary every 5 years.
``(8) Specified large employer.--The term `specified large
employer' means, in connection with a group health plan
(including group health insurance coverage offered in
connection with such a plan) established or maintained by a
single employer, with respect to a calendar year or a plan
year, as applicable, an employer who employed an average of at
least 100 employees on business days during the preceding
calendar year or plan year and who employs at least 1 employee
on the first day of the calendar year or plan year.
``(9) Specified large plan.--The term `specified large
plan' means a group health plan (including group health
insurance coverage offered in connection with such a plan)
established or maintained by a plan sponsor described in clause
(ii) or (iii) of section 3(16)(B) of the Employee Retirement
Income Security Act of 1974 that had an average of at least 100
participants on business days during the preceding calendar
year or plan year, as applicable.
``(10) Wholesale acquisition cost.--The term `wholesale
acquisition cost' has the meaning given such term in section
1847A(c)(6)(B) of the Social Security Act.''; and
(2) in section 2723 (42 U.S.C. 300gg-22)--
(A) in subsection (a)--
i
in paragraph (1), by inserting ``(other
than section 2799A-11)'' after ``part D''; and
(ii) in paragraph (2), by inserting
``(other than section 2799A-11)'' after ``part
D''; and
(B) in subsection (b)--
i
in paragraph (1), by inserting ``(other
than section 2799A-11)'' after ``part D'';
(ii) in paragraph (2)(A), by inserting
``(other than section 2799A-11)'' after ``part
D''; and
(iii) in paragraph (2)(C)(ii), by inserting
``(other than section 2799A-11)'' after ``part
D''.
b
Employee Retirement Income Security Act of 1974.--
(1) In general.--Subtitle B of title I of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1021 et seq.)
is amended--
(A) in subpart B of part 7 (29 U.S.C. 1185 et
seq.), by adding at the end the following:
``SEC. 726. OVERSIGHT OF ENTITIES THAT PROVIDE PHARMACY BENEFIT
MANAGEMENT SERVICES.
``(a) In General.--For plan years beginning on or after the date
that is 30 months after the date of enactment of this section (referred
to in this subsection and subsection (b) as the `effective date'), a
group health plan or a health insurance issuer offering group health
insurance coverage, or an entity providing pharmacy benefit management
services on behalf of such a plan or issuer, shall not enter into a
contract, including an extension or renewal of a contract, entered into
on or after the effective date, with an applicable entity unless such
applicable entity agrees to--
``(1) not limit or delay the disclosure of information to
the group health plan (including such a plan offered through a
health insurance issuer) in such a manner that prevents an
entity providing pharmacy benefit management services on behalf
of a group health plan or health insurance issuer offering
group health insurance coverage from making the reports
described in subsection (b); and
``(2) provide the entity providing pharmacy benefit
management services on behalf of a group health plan or health
insurance issuer relevant information necessary to make the
reports described in subsection (b).
``(b) Reports.--
``(1) In general.--For plan years beginning on or after the
effective date, in the case of any contract between a group
health plan or a health insurance issuer offering group health
insurance coverage offered in connection with such a plan and
an entity providing pharmacy benefit management services on
behalf of such plan or issuer, including an extension or
renewal of such a contract, entered into on or after the
effective date, the entity providing pharmacy benefit
management services on behalf of such a group health plan or
health insurance issuer, not less frequently than every 6
months (or, at the request of a group health plan, not less
frequently than quarterly, and under the same conditions,
terms, and cost of the semiannual report under this
subsection), shall submit to the group health plan a report in
accordance with this section. Each such report shall be made
available to such group health plan in plain language, in a
machine-readable format, and as the Secretary may determine,
other formats. Each such report shall include the information
described in paragraph (2).
``(2) Information described.--For purposes of paragraph
(1), the information described in this paragraph is, with
respect to drugs covered by a group health plan or group health
insurance coverage offered by a health insurance issuer in
connection with a group health plan during each reporting
period--
``(A) in the case of a group health plan that is
offered by a specified large employer or that is a
specified large plan, and is not offered as health
insurance coverage, or in the case of health insurance
coverage for which the election under paragraph (3) is
made for the applicable reporting period--
``(i) a list of drugs for which a claim was
filed and, with respect to each such drug on
such list--
``(I) the contracted compensation
paid by the group health plan or health
insurance issuer for each covered drug
(identified by the National Drug Code)
to the entity providing pharmacy
benefit management services or other
applicable entity on behalf of the
group health plan or health insurance
issuer;
``(II) the contracted compensation
paid to the pharmacy, by any entity
providing pharmacy benefit management
services or other applicable entity on
behalf of the group health plan or
health insurance issuer, for each
covered drug (identified by the
National Drug Code);
``(III) for each such claim, the
difference between the amount paid
under subclause (I) and the amount paid
under subclause (II);
``(IV) the proprietary name,
established name or proper name, and
the National Drug Code;
``(V) for each claim for the drug
(including original prescriptions and
refills) and for each dosage unit of
the drug for which a claim was filed,
the type of dispensing channel used to
furnish the drug, including retail,
mail order, or specialty pharmacy;
``(VI) with respect to each drug
dispensed, for each type of dispensing
channel (including retail, mail order,
or specialty pharmacy)--
``(aa) whether such drug is
a brand name drug or a generic
drug, and--
``(AA) in the case
of a brand name drug,
the wholesale
acquisition cost,
listed as cost per days
supply and cost per
dosage unit, on the
date such drug was
dispensed; and
``(BB) in the case
of a generic drug, the
average wholesale
price, listed as cost
per days supply and
cost per dosage unit,
on the date such drug
was dispensed; and
``(bb) the total number
of--
``(AA) prescription
claims (including
original prescriptions
and refills);
``(BB) participants
and beneficiaries for
whom a claim for such
drug was filed through
the applicable
dispensing channel;
``(CC) dosage units
and dosage units per
fill of such drug; and
``(DD) days supply
of such drug per fill;
``(VII) the net price per course of
treatment or single fill, such as a 30-
day supply or 90-day supply to the plan
or coverage after rebates, fees,
alternative discounts, or other
remuneration received from applicable
entities;
``(VIII) the total amount of out-
of-pocket spending by participants and
beneficiaries on such drug, including
spending through copayments,
coinsurance, and deductibles, but not
including any amounts spent by
participants and beneficiaries on drugs
not covered under the plan or coverage,
or for which no claim is submitted
under the plan or coverage;
``(IX) the total net spending on
the drug;
``(X) the total amount received, or
expected to be received, by the plan or
issuer from any applicable entity in
rebates, fees, alternative discounts,
or other remuneration;
``(XI) the total amount received,
or expected to be received, by the
entity providing pharmacy benefit
management services, from applicable
entities, in rebates, fees, alternative
discounts, or other remuneration from
such entities--
``(aa) for claims incurred
during the reporting period;
and
``(bb) that is related to
utilization of such drug or
spending on such drug; and
``(XII) to the extent feasible,
information on the total amount of
remuneration for such drug, including
copayment assistance dollars paid,
copayment cards applied, or other
discounts provided by each drug
manufacturer (or entity administering
copayment assistance on behalf of such
drug manufacturer), to the participants
and beneficiaries enrolled in such plan
or coverage;
``(ii) a list of each therapeutic class (as
defined by the Secretary) for which a claim was
filed under the group health plan or health
insurance coverage during the reporting period,
and, with respect to each such therapeutic
class--
``(I) the total gross spending on
drugs in such class before rebates,
price concessions, alternative
discounts, or other remuneration from
applicable entities;
``(II) the net spending in such
class after such rebates, price
concessions, alternative discounts, or
other remuneration from applicable
entities;
``(III) the total amount received,
or expected to be received, by the
entity providing pharmacy benefit
management services, from applicable
entities, in rebates, fees, alternative
discounts, or other remuneration from
such entities--
``(aa) for claims incurred
during the reporting period;
and
``(bb) that is related to
utilization of drugs or drug
spending;
``(IV) the average net spending per
30-day supply and per 90-day supply by
the plan or by the issuer with respect
to such coverage and its participants
and beneficiaries, among all drugs
within the therapeutic class for which
a claim was filed during the reporting
period;
``(V) the number of participants
and beneficiaries who filled a
prescription for a drug in such class,
including the National Drug Code for
each such drug;
``(VI) if applicable, a description
of the formulary tiers and utilization
mechanisms (such as prior authorization
or step therapy) employed for drugs in
that class; and
``(VII) the total out-of-pocket
spending under the plan or coverage by
participants and beneficiaries,
including spending through copayments,
coinsurance, and deductibles, but not
including any amounts spent by
participants and beneficiaries on drugs
not covered under the plan or coverage
or for which no claim is submitted
under the plan or coverage;
``(iii) with respect to any drug for which
gross spending under the group health plan or
health insurance coverage exceeded $10,000
during the reporting period or, in the case
that gross spending under the group health plan
or coverage exceeded $10,000 during the
reporting period with respect to fewer than 50
drugs, with respect to the 50 prescription
drugs with the highest spending during the
reporting period--
``(I) a list of all other drugs in
the same therapeutic class as such
drug;
``(II) if applicable, the rationale
for the formulary placement of such
drug in that therapeutic category or
class, selected from a list of standard
rationales established by the
Secretary, in consultation with
stakeholders; and
``(III) any change in formulary
placement compared to the prior plan
year; and
``(iv) in the case that such plan or issuer
(or an entity providing pharmacy benefit
management services on behalf of such plan or
issuer) has an affiliated pharmacy or pharmacy
under common ownership, including mandatory
mail and specialty home delivery programs,
retail and mail auto-refill programs, and cost
sharing assistance incentives funded by an
entity providing pharmacy benefit services--
``(I) an explanation of any benefit
design parameters that encourage or
require participants and beneficiaries
in the plan or coverage to fill
prescriptions at mail order, specialty,
or retail pharmacies;
``(II) the percentage of total
prescriptions dispensed by such
pharmacies to participants or
beneficiaries in such plan or coverage;
and
``(III) a list of all drugs
dispensed by such pharmacies to
participants or beneficiaries enrolled
in such plan or coverage, and, with
respect to each drug dispensed--
``(aa) the amount charged,
per dosage unit, per 30-day
supply, or per 90-day supply
(as applicable) to the plan or
issuer, and to participants and
beneficiaries;
``(bb) the median amount
charged to such plan or issuer,
and the interquartile range of
the costs, per dosage unit, per
30-day supply, and per 90-day
supply, including amounts paid
by the participants and
beneficiaries, when the same
drug is dispensed by other
pharmacies that are not
affiliated with or under common
ownership with the entity and
that are included in the
pharmacy network of such plan
or coverage;
``(cc) the lowest cost per
dosage unit, per 30-day supply
and per 90-day supply, for each
such drug, including amounts
charged to the plan or coverage
and to participants and
beneficiaries, that is
available from any pharmacy
included in the network of such
plan or coverage; and
``(dd) the net acquisition
cost per dosage unit, per 30-
day supply, and per 90-day
supply, if such drug is subject
to a maximum price discount;
and
``(B) with respect to any group health plan,
including group health insurance coverage offered in
connection with such a plan, regardless of whether the
plan or coverage is offered by a specified large
employer or whether it is a specified large plan--
``(i) a summary document for the group
health plan that includes such information
described in clauses (i) through (iv) of
subparagraph (A), as specified by the Secretary
through guidance, program instruction, or
otherwise (with no requirement of notice and
comment rulemaking), that the Secretary
determines useful to group health plans for
purposes of selecting pharmacy benefit
management services, such as an estimated net
price to group health plan and participant or
beneficiary, a cost per claim, the fee
structure or reimbursement model, and estimated
cost per participant or beneficiary;
``(ii) a summary document for plans and
issuers to provide to participants and
beneficiaries, which shall be made available to
participants or beneficiaries upon request to
their group health plan (including in the case
of group health insurance coverage offered in
connection with such a plan), that--
``(I) contains such information
described in clauses (iii), (iv), (v),
and (vi), as applicable, as specified
by the Secretary through guidance,
program instruction, or otherwise (with
no requirement of notice and comment
rulemaking) that the Secretary
determines useful to participants or
beneficiaries in better understanding
the plan or coverage or benefits under
such plan or coverage;
``(II) contains only aggregate
information; and
``(III) states that participants
and beneficiaries may request specific,
claims-level information required to be
furnished under subsection (c) from the
group health plan or health insurance
issuer; and
``(iii) with respect to drugs covered by
such plan or coverage during such reporting
period--
``(I) the total net spending by the
plan or coverage for all such drugs;
``(II) the total amount received,
or expected to be received, by the plan
or issuer from any applicable entity in
rebates, fees, alternative discounts,
or other remuneration; and
``(III) to the extent feasible,
information on the total amount of
remuneration for such drugs, including
copayment assistance dollars paid,
copayment cards applied, or other
discounts provided by each drug
manufacturer (or entity administering
copayment assistance on behalf of such
drug manufacturer) to participants and
beneficiaries;
``(iv) amounts paid directly or indirectly
in rebates, fees, or any other type of
compensation (as defined in section
408(b)(2)(B)(ii)(dd)(AA)) to brokerage firms,
brokers, consultants, advisors, or any other
individual or firm, for--
``(I) the referral of the group
health plan's or health insurance
issuer's business to an entity
providing pharmacy benefit management
services, including the identity of the
recipient of such amounts;
``(II) consideration of the entity
providing pharmacy benefit management
services by the group health plan or
health insurance issuer; or
``(III) the retention of the entity
by the group health plan or health
insurance issuer;
``(v) an explanation of any benefit design
parameters that encourage or require
participants and beneficiaries in such plan or
coverage to fill prescriptions at mail order,
specialty, or retail pharmacies that are
affiliated with or under common ownership with
the entity providing pharmacy benefit
management services under such plan or
coverage, including mandatory mail and
specialty home delivery programs, retail and
mail auto-refill programs, and cost-sharing
assistance incentives directly or indirectly
funded by such entity; and
``(vi) total gross spending on all drugs
under the plan or coverage during the reporting
period.
``(3) Opt-in for group health insurance coverage offered by
a specified large employer or that is a specified large plan.--
In the case of group health insurance coverage offered in
connection with a group health plan that is offered by a
specified large employer or is a specified large plan, such
group health plan may, on an annual basis, for plan years
beginning on or after the date that is 30 months after the date
of enactment of this section, elect to require an entity
providing pharmacy benefit management services on behalf of the
health insurance issuer to submit to such group health plan a
report that includes all of the information described in
paragraph (2)(A), in addition to the information described in
paragraph (2)(B).
``(4) Privacy requirements.--
``(A) In general.--An entity providing pharmacy
benefit management services on behalf of a group health
plan or a health insurance issuer offering group health
insurance coverage shall report information under
paragraph (1) in a manner consistent with the privacy
regulations promulgated under section 13402(a) of the
Health Information Technology for Economic and Clinical
Health Act (42 U.S.C. 17932(a)) and consistent with the
privacy regulations promulgated under the Health
Insurance Portability and Accountability Act of 1996 in
part 160 and subparts A and E of part 164 of title 45,
Code of Federal Regulations (or successor regulations)
(referred to in this paragraph as the `HIPAA privacy
regulations') and shall restrict the use and disclosure
of such information according to such privacy
regulations and such HIPAA privacy regulations.
``(B) Additional requirements.--
``(i) In general.--An entity providing
pharmacy benefit management services on behalf
of a group health plan or health insurance
issuer offering group health insurance coverage
that submits a report under paragraph (1) shall
ensure that such report contains only summary
health information, as defined in section
164.504(a) of title 45, Code of Federal
Regulations (or successor regulations).
``(ii) Restrictions.--In carrying out this
subsection, a group health plan shall comply
with section 164.504(f) of title 45, Code of
Federal Regulations (or a successor
regulation), and a plan sponsor shall act in
accordance with the terms of the agreement
described in such section.
``(C) Rule of construction.--
``(i) Nothing in this section shall be
construed to modify the requirements for the
creation, receipt, maintenance, or transmission
of protected health information under the HIPAA
privacy regulations.
``(ii) Nothing in this section shall be
construed to affect the application of any
Federal or State privacy or civil rights law,
including the HIPAA privacy regulations, the
Genetic Information Nondiscrimination Act of
2008 (Public Law 110-233) (including the
amendments made by such Act), the Americans
with Disabilities Act of 1990 (42 U.S.C. 12101
et seq.), section 504 of the Rehabilitation Act
of 1973 (29 U.S.C. 794), section 1557 of the
Patient Protection and Affordable Care Act (42
U.S.C. 18116), title VI of the Civil Rights Act
of 1964 (42 U.S.C. 2000d), and title VII of the
Civil Rights Act of 1964 (42 U.S.C. 2000e).
``(D) Written notice.--Each plan year, group health
plans, including with respect to group health insurance
coverage offered in connection with a group health
plan, shall provide to each participant or beneficiary
written notice informing the participant or beneficiary
of the requirement for entities providing pharmacy
benefit management services on behalf of the group
health plan or health insurance issuer offering group
health insurance coverage to submit reports to group
health plans under paragraph (1), as applicable, which
may include incorporating such notification in plan
documents provided to the participant or beneficiary,
or providing individual notification.
``(E) Limitation to business associates.--A group
health plan receiving a report under paragraph (1) may
disclose such information only to the entity from which
the report was received or to that entity's business
associates as defined in section 160.103 of title 45,
Code of Federal Regulations (or successor regulations)
or as permitted by the HIPAA privacy regulations.
``(F) Clarification regarding public disclosure of
information.--Nothing in this section shall prevent an
entity providing pharmacy benefit management services
on behalf of a group health plan or health insurance
issuer offering group health insurance coverage, from
placing reasonable restrictions on the public
disclosure of the information contained in a report
described in paragraph (1), except that such plan,
issuer, or entity may not--
``(i) restrict disclosure of such report to
the Department of Health and Human Services,
the Department of Labor, or the Department of
the Treasury; or
``(ii) prevent disclosure for the purposes
of subsection (c), or any other public
disclosure requirement under this section.
``(G) Limited form of report.--The Secretary shall
define through rulemaking a limited form of the report
under paragraph (1) required with respect to any group
health plan established by a plan sponsor that is, or
is affiliated with, a drug manufacturer, drug
wholesaler, or other direct participant in the drug
supply chain, in order to prevent anti-competitive
behavior.
``(5) Standard format and regulations.--
``(A) In general.--Not later than 18 months after
the date of enactment of this section, the Secretary
shall specify through rulemaking a standard format for
entities providing pharmacy benefit management services
on behalf of group health plans and health insurance
issuers offering group health insurance coverage, to
submit reports required under paragraph (1).
``(B) Additional regulations.--Not later than 18
months after the date of enactment of this section, the
Secretary shall, through rulemaking, promulgate any
other final regulations necessary to implement the
requirements of this section. In promulgating such
regulations, the Secretary shall, to the extent
practicable, align the reporting requirements under
this section with the reporting requirements under
section 725.
``(c) Requirement To Provide Information to Participants or
Beneficiaries.--A group health plan, including with respect to group
health insurance coverage offered in connection with a group health
plan, upon request of a participant or beneficiary, shall provide to
such participant or beneficiary--
``(1) the summary document described in subsection
b
(2)(B)(ii); and
``(2) the information described in subsection
b
(2)(A)(i)(III) with respect to a claim made by or on behalf
of such participant or beneficiary.
``(d) Rule of Construction.--Nothing in this section shall be
construed to permit a health insurance issuer, group health plan,
entity providing pharmacy benefit management services on behalf of a
group health plan or health insurance issuer, or other entity to
restrict disclosure to, or otherwise limit the access of, the Secretary
to a report described in subsection (b)(1) or information related to
compliance with subsections (a), (b), or (c) of this section or section
502(c)(13) by such issuer, plan, or entity.
``(e) Definitions.--In this section:
``(1) Applicable entity.--The term `applicable entity'
means--
``(A) an applicable group purchasing organization,
drug manufacturer, distributor, wholesaler, rebate
aggregator (or other purchasing entity designed to
aggregate rebates), or associated third party;
``(B) any subsidiary, parent, affiliate, or
subcontractor of a group health plan, health insurance
issuer, entity that provides pharmacy benefit
management services on behalf of such a plan or issuer,
or any entity described in subparagraph (A); or
``(C) such other entity as the Secretary may
specify through rulemaking.
``(2) Applicable group purchasing organization.--The term
`applicable group purchasing organization' means a group
purchasing organization that is affiliated with or under common
ownership with an entity providing pharmacy benefit management
services.
``(3) Contracted compensation.--The term `contracted
compensation' means the sum of any ingredient cost and
dispensing fee for a drug (inclusive of the out-of-pocket costs
to the participant or beneficiary), or another analogous
compensation structure that the Secretary may specify through
regulations.
``(4) Gross spending.--The term `gross spending', with
respect to prescription drug benefits under a group health plan
or health insurance coverage, means the amount spent by a group
health plan or health insurance issuer on prescription drug
benefits, calculated before the application of rebates, fees,
alternative discounts, or other remuneration.
``(5) Net spending.--The term `net spending', with respect
to prescription drug benefits under a group health plan or
health insurance coverage, means the amount spent by a group
health plan or health insurance issuer on prescription drug
benefits, calculated after the application of rebates, fees,
alternative discounts, or other remuneration.
``(6) Plan sponsor.--The term `plan sponsor' has the
meaning given such term in section 3(16)(B).
``(7) Remuneration.--The term `remuneration' has the
meaning given such term by the Secretary through rulemaking,
which shall be reevaluated by the Secretary every 5 years.
``(8) Specified large employer.--The term `specified large
employer' means, in connection with a group health plan
(including group health insurance coverage offered in
connection with such a plan) established or maintained by a
single employer, with respect to a calendar year or a plan
year, as applicable, an employer who employed an average of at
least 100 employees on business days during the preceding
calendar year or plan year and who employs at least 1 employee
on the first day of the calendar year or plan year.
``(9) Specified large plan.--The term `specified large
plan' means a group health plan (including group health
insurance coverage offered in connection with such a plan)
established or maintained by a plan sponsor described in clause
(ii) or (iii) of section 3(16)(B) that had an average of at
least 100 participants on business days during the preceding
calendar year or plan year, as applicable.
``(10) Wholesale acquisition cost.--The term `wholesale
acquisition cost' has the meaning given such term in section
1847A(c)(6)(B) of the Social Security Act (42 U.S.C. 1395w-
3a(c)(6)(B)).'';
(B) in section 502 (29 U.S.C. 1132)--
i
in subsection (a)(6), by striking ``or
(9)'' and inserting ``(9), or (13)'';
(ii) in subsection (b)(3), by striking
``under subsection (c)(9)'' and inserting
``under paragraphs (9) and (13) of subsection
c
''; and
(iii) in subsection (c), by adding at the
end the following:
``(13) Secretarial enforcement authority relating to
oversight of pharmacy benefit management services.--
``(A) Failure to provide information.--The
Secretary may impose a penalty against a plan
administrator of a group health plan, a health
insurance issuer offering group health insurance
coverage, or an entity providing pharmacy benefit
management services on behalf of such a plan or issuer,
or an applicable entity (as defined in section 726(e))
that violates section 726(a); an entity providing
pharmacy benefit management services on behalf of such
a plan or issuer that fails to provide the information
required under section 726(b); or any person who causes
a group health plan to fail to provide the information
required under section 726(c), in the amount of $10,000
for each day during which such violation continues or
such information is not disclosed or reported.
``(B) False information.--The Secretary may impose
a penalty against a plan administrator of a group
health plan, a health insurance issuer offering group
health insurance coverage, an entity providing pharmacy
benefit management services, or an applicable entity
(as defined in section 726(e)) that knowingly provides
false information under section 726, in an amount not
to exceed $100,000 for each item of false information.
Such penalty shall be in addition to other penalties as
may be prescribed by law.
``(C) Waivers.--The Secretary may waive penalties
under subparagraph (A), or extend the period of time
for compliance with a requirement of this section, for
an entity in violation of section 726 that has made a
good-faith effort to comply with the requirements of
section 726.''; and
(C) in section 732(a) (29 U.S.C. 1191a(a)), by
striking ``section 711'' and inserting ``sections 711
and 726''.
(2) Clerical amendment.--The table of contents in section 1
of the Employee Retirement Income Security Act of 1974 (29
U.S.C. 1001 et seq.) is amended by inserting after the item
relating to section 725 the following new item:
``Sec. 726. Oversight of entities that provide pharmacy benefit
management services.''.
c
Internal Revenue Code of 1986.--
(1) In general.--Chapter 100 of the Internal Revenue Code
of 1986 is amended--
(A) by adding at the end of subchapter B the
following:
``SEC. 9826. OVERSIGHT OF ENTITIES THAT PROVIDE PHARMACY BENEFIT
MANAGEMENT SERVICES.
``(a) In General.--For plan years beginning on or after the date
that is 30 months after the date of enactment of this section (referred
to in this subsection and subsection (b) as the `effective date'), a
group health plan, or an entity providing pharmacy benefit management
services on behalf of such a plan, shall not enter into a contract,
including an extension or renewal of a contract, entered into on or
after the effective date, with an applicable entity unless such
applicable entity agrees to--
``(1) not limit or delay the disclosure of information to
the group health plan in such a manner that prevents an entity
providing pharmacy benefit management services on behalf of a
group health plan from making the reports described in
subsection (b); and
``(2) provide the entity providing pharmacy benefit
management services on behalf of a group health plan relevant
information necessary to make the reports described in
subsection (b).
``(b) Reports.--
``(1) In general.--For plan years beginning on or after the
effective date, in the case of any contract between a group
health plan and an entity providing pharmacy benefit management
services on behalf of such plan, including an extension or
renewal of such a contract, entered into on or after the
effective date, the entity providing pharmacy benefit
management services on behalf of such a group health plan, not
less frequently than every 6 months (or, at the request of a
group health plan, not less frequently than quarterly, and
under the same conditions, terms, and cost of the semiannual
report under this subsection), shall submit to the group health
plan a report in accordance with this section. Each such report
shall be made available to such group health plan in plain
language, in a machine-readable format, and as the Secretary
may determine, other formats. Each such report shall include
the information described in paragraph (2).
``(2) Information described.--For purposes of paragraph
(1), the information described in this paragraph is, with
respect to drugs covered by a group health plan during each
reporting period--
``(A) in the case of a group health plan that is
offered by a specified large employer or that is a
specified large plan, and is not offered as health
insurance coverage, or in the case of health insurance
coverage for which the election under paragraph (3) is
made for the applicable reporting period--
``(i) a list of drugs for which a claim was
filed and, with respect to each such drug on
such list--
``(I) the contracted compensation
paid by the group health plan for each
covered drug (identified by the
National Drug Code) to the entity
providing pharmacy benefit management
services or other applicable entity on
behalf of the group health plan;
``(II) the contracted compensation
paid to the pharmacy, by any entity
providing pharmacy benefit management
services or other applicable entity on
behalf of the group health plan, for
each covered drug (identified by the
National Drug Code);
``(III) for each such claim, the
difference between the amount paid
under subclause (I) and the amount paid
under subclause (II);
``(IV) the proprietary name,
established name or proper name, and
the National Drug Code;
``(V) for each claim for the drug
(including original prescriptions and
refills) and for each dosage unit of
the drug for which a claim was filed,
the type of dispensing channel used to
furnish the drug, including retail,
mail order, or specialty pharmacy;
``(VI) with respect to each drug
dispensed, for each type of dispensing
channel (including retail, mail order,
or specialty pharmacy)--
``(aa) whether such drug is
a brand name drug or a generic
drug, and--
``(AA) in the case
of a brand name drug,
the wholesale
acquisition cost,
listed as cost per days
supply and cost per
dosage unit, on the
date such drug was
dispensed; and
``(BB) in the case
of a generic drug, the
average wholesale
price, listed as cost
per days supply and
cost per dosage unit,
on the date such drug
was dispensed; and
``(bb) the total number
of--
``(AA) prescription
claims (including
original prescriptions
and refills);
``(BB) participants
and beneficiaries for
whom a claim for such
drug was filed through
the applicable
dispensing channel;
``(CC) dosage units
and dosage units per
fill of such drug; and
``(DD) days supply
of such drug per fill;
``(VII) the net price per course of
treatment or single fill, such as a 30-
day supply or 90-day supply to the plan
after rebates, fees, alternative
discounts, or other remuneration
received from applicable entities;
``(VIII) the total amount of out-
of-pocket spending by participants and
beneficiaries on such drug, including
spending through copayments,
coinsurance, and deductibles, but not
including any amounts spent by
participants and beneficiaries on drugs
not covered under the plan, or for
which no claim is submitted under the
plan;
``(IX) the total net spending on
the drug;
``(X) the total amount received, or
expected to be received, by the plan
from any applicable entity in rebates,
fees, alternative discounts, or other
remuneration;
``(XI) the total amount received,
or expected to be received, by the
entity providing pharmacy benefit
management services, from applicable
entities, in rebates, fees, alternative
discounts, or other remuneration from
such entities--
``(aa) for claims incurred
during the reporting period;
and
``(bb) that is related to
utilization of such drug or
spending on such drug; and
``(XII) to the extent feasible,
information on the total amount of
remuneration for such drug, including
copayment assistance dollars paid,
copayment cards applied, or other
discounts provided by each drug
manufacturer (or entity administering
copayment assistance on behalf of such
drug manufacturer), to the participants
and beneficiaries enrolled in such
plan;
``(ii) a list of each therapeutic class (as
defined by the Secretary) for which a claim was
filed under the group health plan during the
reporting period, and, with respect to each
such therapeutic class--
``(I) the total gross spending on
drugs in such class before rebates,
price concessions, alternative
discounts, or other remuneration from
applicable entities;
``(II) the net spending in such
class after such rebates, price
concessions, alternative discounts, or
other remuneration from applicable
entities;
``(III) the total amount received,
or expected to be received, by the
entity providing pharmacy benefit
management services, from applicable
entities, in rebates, fees, alternative
discounts, or other remuneration from
such entities--
``(aa) for claims incurred
during the reporting period;
and
``(bb) that is related to
utilization of drugs or drug
spending;
``(IV) the average net spending per
30-day supply and per 90-day supply by
the plan and its participants and
beneficiaries, among all drugs within
the therapeutic class for which a claim
was filed during the reporting period;
``(V) the number of participants
and beneficiaries who filled a
prescription for a drug in such class,
including the National Drug Code for
each such drug;
``(VI) if applicable, a description
of the formulary tiers and utilization
mechanisms (such as prior authorization
or step therapy) employed for drugs in
that class; and
``(VII) the total out-of-pocket
spending under the plan by participants
and beneficiaries, including spending
through copayments, coinsurance, and
deductibles, but not including any
amounts spent by participants and
beneficiaries on drugs not covered
under the plan or for which no claim is
submitted under the plan;
``(iii) with respect to any drug for which
gross spending under the group health plan
exceeded $10,000 during the reporting period
or, in the case that gross spending under the
group health plan exceeded $10,000 during the
reporting period with respect to fewer than 50
drugs, with respect to the 50 prescription
drugs with the highest spending during the
reporting period--
``(I) a list of all other drugs in
the same therapeutic class as such
drug;
``(II) if applicable, the rationale
for the formulary placement of such
drug in that therapeutic category or
class, selected from a list of standard
rationales established by the
Secretary, in consultation with
stakeholders; and
``(III) any change in formulary
placement compared to the prior plan
year; and
``(iv) in the case that such plan (or an
entity providing pharmacy benefit management
services on behalf of such plan) has an
affiliated pharmacy or pharmacy under common
ownership, including mandatory mail and
specialty home delivery programs, retail and
mail auto-refill programs, and cost sharing
assistance incentives funded by an entity
providing pharmacy benefit services--
``(I) an explanation of any benefit
design parameters that encourage or
require participants and beneficiaries
in the plan to fill prescriptions at
mail order, specialty, or retail
pharmacies;
``(II) the percentage of total
prescriptions dispensed by such
pharmacies to participants or
beneficiaries in such plan; and
``(III) a list of all drugs
dispensed by such pharmacies to
participants or beneficiaries enrolled
in such plan, and, with respect to each
drug dispensed--
``(aa) the amount charged,
per dosage unit, per 30-day
supply, or per 90-day supply
(as applicable) to the plan,
and to participants and
beneficiaries;
``(bb) the median amount
charged to such plan, and the
interquartile range of the
costs, per dosage unit, per 30-
day supply, and per 90-day
supply, including amounts paid
by the participants and
beneficiaries, when the same
drug is dispensed by other
pharmacies that are not
affiliated with or under common
ownership with the entity and
that are included in the
pharmacy network of such plan;
``(cc) the lowest cost per
dosage unit, per 30-day supply
and per 90-day supply, for each
such drug, including amounts
charged to the plan and to
participants and beneficiaries,
that is available from any
pharmacy included in the
network of such plan; and
``(dd) the net acquisition
cost per dosage unit, per 30-
day supply, and per 90-day
supply, if such drug is subject
to a maximum price discount;
and
``(B) with respect to any group health plan,
regardless of whether the plan is offered by a
specified large employer or whether it is a specified
large plan--
``(i) a summary document for the group
health plan that includes such information
described in clauses (i) through (iv) of
subparagraph (A), as specified by the Secretary
through guidance, program instruction, or
otherwise (with no requirement of notice and
comment rulemaking), that the Secretary
determines useful to group health plans for
purposes of selecting pharmacy benefit
management services, such as an estimated net
price to group health plan and participant or
beneficiary, a cost per claim, the fee
structure or reimbursement model, and estimated
cost per participant or beneficiary;
``(ii) a summary document for plans to
provide to participants and beneficiaries,
which shall be made available to participants
or beneficiaries upon request to their group
health plan, that--
``(I) contains such information
described in clauses (iii), (iv), (v),
and (vi), as applicable, as specified
by the Secretary through guidance,
program instruction, or otherwise (with
no requirement of notice and comment
rulemaking) that the Secretary
determines useful to participants or
beneficiaries in better understanding
the plan or benefits under such plan;
``(II) contains only aggregate
information; and
``(III) states that participants
and beneficiaries may request specific,
claims-level information required to be
furnished under subsection (c) from the
group health plan; and
``(iii) with respect to drugs covered by
such plan during such reporting period--
``(I) the total net spending by the
plan for all such drugs;
``(II) the total amount received,
or expected to be received, by the plan
from any applicable entity in rebates,
fees, alternative discounts, or other
remuneration; and
``(III) to the extent feasible,
information on the total amount of
remuneration for such drugs, including
copayment assistance dollars paid,
copayment cards applied, or other
discounts provided by each drug
manufacturer (or entity administering
copayment assistance on behalf of such
drug manufacturer) to participants and
beneficiaries;
``(iv) amounts paid directly or indirectly
in rebates, fees, or any other type of
compensation (as defined in section
408(b)(2)(B)(ii)(dd)(AA) of the Employee
Retirement Income Security Act (29 U.S.C.
1108(b)(2)(B)(ii)(dd)(AA))) to brokerage firms,
brokers, consultants, advisors, or any other
individual or firm, for--
``(I) the referral of the group
health plan's business to an entity
providing pharmacy benefit management
services, including the identity of the
recipient of such amounts;
``(II) consideration of the entity
providing pharmacy benefit management
services by the group health plan; or
``(III) the retention of the entity
by the group health plan;
``(v) an explanation of any benefit design
parameters that encourage or require
participants and beneficiaries in such plan to
fill prescriptions at mail order, specialty, or
retail pharmacies that are affiliated with or
under common ownership with the entity
providing pharmacy benefit management services
under such plan, including mandatory mail and
specialty home delivery programs, retail and
mail auto-refill programs, and cost-sharing
assistance incentives directly or indirectly
funded by such entity; and
``(vi) total gross spending on all drugs
under the plan during the reporting period.
``(3) Opt-in for group health insurance coverage offered by
a specified large employer or that is a specified large plan.--
In the case of group health insurance coverage offered in
connection with a group health plan that is offered by a
specified large employer or is a specified large plan, such
group health plan may, on an annual basis, for plan years
beginning on or after the date that is 30 months after the date
of enactment of this section, elect to require an entity
providing pharmacy benefit management services on behalf of the
health insurance issuer to submit to such group health plan a
report that includes all of the information described in
paragraph (2)(A), in addition to the information described in
paragraph (2)(B).
``(4) Privacy requirements.--
``(A) In general.--An entity providing pharmacy
benefit management services on behalf of a group health
plan shall report information under paragraph (1) in a
manner consistent with the privacy regulations
promulgated under section 13402(a) of the Health
Information Technology for Economic and Clinical Health
Act (42 U.S.C. 17932(a)) and consistent with the
privacy regulations promulgated under the Health
Insurance Portability and Accountability Act of 1996 in
part 160 and subparts A and E of part 164 of title 45,
Code of Federal Regulations (or successor regulations)
(referred to in this paragraph as the `HIPAA privacy
regulations') and shall restrict the use and disclosure
of such information according to such privacy
regulations and such HIPAA privacy regulations.
``(B) Additional requirements.--
``(i) In general.--An entity providing
pharmacy benefit management services on behalf
of a group health plan that submits a report
under paragraph (1) shall ensure that such
report contains only summary health
information, as defined in section 164.504(a)
of title 45, Code of Federal Regulations (or
successor regulations).
``(ii) Restrictions.--In carrying out this
subsection, a group health plan shall comply
with section 164.504(f) of title 45, Code of
Federal Regulations (or a successor
regulation), and a plan sponsor shall act in
accordance with the terms of the agreement
described in such section.
``(C) Rule of construction.--
``(i) Nothing in this section shall be
construed to modify the requirements for the
creation, receipt, maintenance, or transmission
of protected health information under the HIPAA
privacy regulations.
``(ii) Nothing in this section shall be
construed to affect the application of any
Federal or State privacy or civil rights law,
including the HIPAA privacy regulations, the
Genetic Information Nondiscrimination Act of
2008 (Public Law 110-233) (including the
amendments made by such Act), the Americans
with Disabilities Act of 1990 (42 U.S.C. 12101
et seq.), section 504 of the Rehabilitation Act
of 1973 (29 U.S.C. 794), section 1557 of the
Patient Protection and Affordable Care Act (42
U.S.C. 18116), title VI of the Civil Rights Act
of 1964 (42 U.S.C. 2000d), and title VII of the
Civil Rights Act of 1964 (42 U.S.C. 2000e).
``(D) Written notice.--Each plan year, group health
plans shall provide to each participant or beneficiary
written notice informing the participant or beneficiary
of the requirement for entities providing pharmacy
benefit management services on behalf of the group
health plan to submit reports to group health plans
under paragraph (1), as applicable, which may include
incorporating such notification in plan documents
provided to the participant or beneficiary, or
providing individual notification.
``(E) Limitation to business associates.--A group
health plan receiving a report under paragraph (1) may
disclose such information only to the entity from which
the report was received or to that entity's business
associates as defined in section 160.103 of title 45,
Code of Federal Regulations (or successor regulations)
or as permitted by the HIPAA privacy regulations.
``(F) Clarification regarding public disclosure of
information.--Nothing in this section shall prevent an
entity providing pharmacy benefit management services
on behalf of a group health plan, from placing
reasonable restrictions on the public disclosure of the
information contained in a report described in
paragraph (1), except that such plan or entity may
not--
``(i) restrict disclosure of such report to
the Department of Health and Human Services,
the Department of Labor, or the Department of
the Treasury; or
``(ii) prevent disclosure for the purposes
of subsection (c), or any other public
disclosure requirement under this section.
``(G) Limited form of report.--The Secretary shall
define through rulemaking a limited form of the report
under paragraph (1) required with respect to any group
health plan established by a plan sponsor that is, or
is affiliated with, a drug manufacturer, drug
wholesaler, or other direct participant in the drug
supply chain, in order to prevent anti-competitive
behavior.
``(5) Standard format and regulations.--
``(A) In general.--Not later than 18 months after
the date of enactment of this section, the Secretary
shall specify through rulemaking a standard format for
entities providing pharmacy benefit management services
on behalf of group health plans, to submit reports
required under paragraph (1).
``(B) Additional regulations.--Not later than 18
months after the date of enactment of this section, the
Secretary shall, through rulemaking, promulgate any
other final regulations necessary to implement the
requirements of this section. In promulgating such
regulations, the Secretary shall, to the extent
practicable, align the reporting requirements under
this section with the reporting requirements under
section 9825.
``(c) Requirement To Provide Information to Participants or
Beneficiaries.--A group health plan, upon request of a participant or
beneficiary, shall provide to such participant or beneficiary--
``(1) the summary document described in subsection
b
(2)(B)(ii); and
``(2) the information described in subsection
b
(2)(A)(i)(III) with respect to a claim made by or on behalf
of such participant or beneficiary.
``(d) Rule of Construction.--Nothing in this section shall be
construed to permit a health insurance issuer, group health plan,
entity providing pharmacy benefit management services on behalf of a
group health plan or health insurance issuer, or other entity to
restrict disclosure to, or otherwise limit the access of, the Secretary
to a report described in subsection (b)(1) or information related to
compliance with subsections (a), (b), or (c) of this section or section
4980D(g) by such issuer, plan, or entity.
``(e) Definitions.--In this section:
``(1) Applicable entity.--The term `applicable entity'
means--
``(A) an applicable group purchasing organization,
drug manufacturer, distributor, wholesaler, rebate
aggregator (or other purchasing entity designed to
aggregate rebates), or associated third party;
``(B) any subsidiary, parent, affiliate, or
subcontractor of a group health plan, health insurance
issuer, entity that provides pharmacy benefit
management services on behalf of such a plan or issuer,
or any entity described in subparagraph (A); or
``(C) such other entity as the Secretary may
specify through rulemaking.
``(2) Applicable group purchasing organization.--The term
`applicable group purchasing organization' means a group
purchasing organization that is affiliated with or under common
ownership with an entity providing pharmacy benefit management
services.
``(3) Contracted compensation.--The term `contracted
compensation' means the sum of any ingredient cost and
dispensing fee for a drug (inclusive of the out-of-pocket costs
to the participant or beneficiary), or another analogous
compensation structure that the Secretary may specify through
regulations.
``(4) Gross spending.--The term `gross spending', with
respect to prescription drug benefits under a group health
plan, means the amount spent by a group health plan on
prescription drug benefits, calculated before the application
of rebates, fees, alternative discounts, or other remuneration.
``(5) Net spending.--The term `net spending', with respect
to prescription drug benefits under a group health plan, means
the amount spent by a group health plan on prescription drug
benefits, calculated after the application of rebates, fees,
alternative discounts, or other remuneration.
``(6) Plan sponsor.--The term `plan sponsor' has the
meaning given such term in section 3(16)(B) of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1002(16)(B)).
``(7) Remuneration.--The term `remuneration' has the
meaning given such term by the Secretary, through rulemaking,
which shall be reevaluated by the Secretary every 5 years.
``(8) Specified large employer.--The term `specified large
employer' means, in connection with a group health plan
established or maintained by a single employer, with respect to
a calendar year or a plan year, as applicable, an employer who
employed an average of at least 100 employees on business days
during the preceding calendar year or plan year and who employs
at least 1 employee on the first day of the calendar year or
plan year.
``(9) Specified large plan.--The term `specified large
plan' means a group health plan established or maintained by a
plan sponsor described in clause (ii) or (iii) of section
3(16)(B) of the Employee Retirement Income Security Act of 1974
(29 U.S.C. 1002(16)(B)) that had an average of at least 100
participants on business days during the preceding calendar
year or plan year, as applicable.
``(10) Wholesale acquisition cost.--The term `wholesale
acquisition cost' has the meaning given such term in section
1847A(c)(6)(B) of the Social Security Act (42 U.S.C. 1395w-
3a(c)(6)(B)).'';
(2) Exception for certain group health plans.--Section
9831(a)(2) of the Internal Revenue Code of 1986 is amended by
inserting ``other than with respect to section 9826,'' before
``any group health plan''.
(3) Enforcement.--Section 4980D of the Internal Revenue
Code of 1986 is amended by adding at the end the following new
subsection:
``(g) Application to Requirements Imposed on Certain Entities
Providing Pharmacy Benefit Management Services.--In the case of any
requirement under section 9826 that applies with respect to an entity
providing pharmacy benefit management services on behalf of a group
health plan, any reference in this section to such group health plan
(and the reference in subsection (e)(1) to the employer) shall be
treated as including a reference to such entity.''.
(4) Clerical amendment.--The table of sections for
subchapter B of chapter 100 of the Internal Revenue Code of
1986 is amended by adding at the end the following new item:
``Sec. 9826. Oversight of entities that provide pharmacy benefit
management services.''.
SEC. 6702. FULL REBATE PASS THROUGH TO PLAN; EXCEPTION FOR INNOCENT
PLAN FIDUCIARIES.
a
In General.--Section 408(b)(2) of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1108(b)(2)) is amended--
(1) in subparagraph (B)(viii)--
(A) by redesignating subclauses (II) through (IV)
as subclauses (III) through (V), respectively;
(B) in subclause (I)--
i
by striking ``subclause (II)'' and
inserting ``subclause (III)''; and
(ii) by striking ``subclauses (II) and
(III)'' and inserting ``subclauses (III) and
(IV)''; and
(C) by inserting after subclause (I) the following:
``(II) Pursuant to subsection (a), subparagraphs (C) and
(D) of section 406(a)(1) shall not apply to a responsible plan
fiduciary, notwithstanding any failure to remit required
amounts under subparagraph (C)(i), if the following conditions
are met:
``(aa) The responsible plan fiduciary did not know
that the covered service provider failed or would fail
to make required remittances and reasonably believed
that the covered service provider remitted such
required amounts.
``(bb) The responsible plan fiduciary, upon
discovering that the covered service provider failed to
remit the required amounts, requests in writing that
the covered service provider remit such amounts.
``(cc) If the covered service provider fails to
comply with a written request described in subclause
(III) within 90 days of the request, the responsible
plan fiduciary notifies the Secretary of the covered
service provider's failure, in accordance with
subclauses (III) and (IV).''; and
(2) by adding at the end the following:
``(C)(i)(I) For plan years beginning on or after the date
that is 30 months after the date of enactment of this
subparagraph (referred to in this clause as the `effective
date'), no contract or arrangement or renewal or extension of a
contract or arrangement, entered into on or after the effective
date, for services between a covered plan and a covered service
provider (or between a sponsor of a covered plan and a covered
service provider), through a health insurance issuer offering
group health insurance coverage, a third-party administrator,
an entity providing pharmacy benefit management services, or
other entity, for pharmacy benefit management services, is
reasonable within the meaning of this paragraph unless such
entity providing pharmacy benefit management services--
``(aa) remits 100 percent of rebates, fees,
alternative discounts, and other remuneration received
from any applicable entity that are related to
utilization of drugs or drug spending under such health
plan or health insurance coverage, to the group health
plan or, in the case of a health insurance issuer
offering group health insurance coverage in connection
with a group health plan, to the health insurance
issuer offering group health insurance coverage on
behalf of the plan; and
``(bb) does not enter into any contract for
pharmacy benefit management services on behalf of such
a plan or coverage, with an applicable entity unless
100 percent of rebates, fees, alternative discounts,
and other remuneration received under such contract
that are related to the utilization of drugs or drug
spending under such group health plan or health
insurance coverage are remitted to the group health
plan or, in the case of a health insurance issuer
offering group health insurance coverage in connection
with a group health plan, to the health insurance
issuer on behalf of the plan by the entity providing
pharmacy benefit management services.
``(II) Nothing in subclause (I) shall be construed to
affect the term of a contract or arrangement, as in effect on
the effective date (as described in such subclause), except
that such subclause shall apply to any renewal or extension of
such a contract or arrangement entered into on or after such
effective date, as so described.
``(ii) With respect to such rebates, fees, alternative discounts,
and other remuneration--
``(I) the rebates, fees, alternative discounts, and other
remuneration under clause (i)(I) shall be--
``(aa) remitted--
``(AA) on a quarterly basis, to the group
health plan or, in the case of a health
insurance issuer offering group health
insurance coverage in connection with a group
health plan, to the group health insurance
issuer on behalf of the plan, not later than 90
days after the end of each quarter; or
``(BB) in the case of an underpayment in a
remittance for a prior quarter, as soon as
practicable, but not later than 90 days after
notice of the underpayment is first given;
``(bb) fully disclosed and enumerated to the group
health plan or health insurance issuer; and
``(cc) returned to the covered service provider for
pharmacy benefit management services on behalf of the
group health plan if any audit by a plan sponsor,
issuer or a third party designated by a plan sponsor,
indicates that the amounts received are in excess of
correct amounts after such amounts have been paid to
the group health plan, in the amount of such excess;
``(II) the Secretary may issue regulations governing--
``(aa) procedures for the remittance of rebates,
fees, alternative discounts, and other remuneration
under subclause (I)(aa);
``(bb) any audit pursuant to this subparagraph; and
``(cc) the timing, manner, and content of the
disclosure of rebates, fees, alternative discounts, and
other remuneration under subclause (I)(bb) as well as
any other information the Secretary determines
necessary for the responsible plan fiduciary to
consider the reasonableness of the contract or
arrangement (provided that such information does not
include personally identifiable health information or
protected health information subject to established
individual privacy and nondiscrimination requirements
under law); and
``(III) the records of such rebates, fees, alternative
discounts, other remuneration, and disclosures, shall be
available for audit by the plan (or the plan sponsor, issuer,
or a third party designated by a plan sponsor on behalf of the
plan), not less than once per plan year.
``(iii) To ensure that an entity providing pharmacy benefit
management services is able to meet the requirements of clause (ii)(I),
a rebate aggregator (or other purchasing entity designed to aggregate
rebates) and an applicable group purchasing organization shall remit
such rebates to the entity providing pharmacy benefit management
services not later than 45 days after the end of each quarter.
``(iv) A third-party administrator of a group health plan, a health
insurance issuer offering group health insurance coverage, or a covered
service provider for pharmacy benefit management services under such
health plan or health insurance coverage shall make rebate contracts
with rebate aggregators or drug manufacturers available for audit by
such plan, subject to reasonable restrictions (as determined by the
Secretary) on confidentiality to prevent re-disclosure of such
contracts or use of such information in audits for purposes unrelated
to this section.
``(v) Audits carried out under clauses (ii)(III) and (iv) shall be
performed by an auditor selected by the responsible plan fiduciary.
Payment for such auditors shall not be made, whether directly or
indirectly, by the entity providing pharmacy benefit management
services.
``(vi) Nothing in this subparagraph shall be construed to--
``(I) prohibit reasonable payments to entities offering
pharmacy benefit management services for bona fide services
using a fee structure not described in this subparagraph,
provided that such fees are transparent and quantifiable to
group health plans and health insurance issuers;
``(II) require a third-party administrator of a group
health plan or covered service provider for pharmacy benefit
management services under such health plan or health insurance
coverage to remit bona fide service fees to the group health
plan;
``(III) limit the ability of a group health plan or health
insurance issuer to pass through rebates, fees, alternative
discounts, and other remuneration to the participant or
beneficiary;
``(IV) modify the requirements for the creation, receipt,
maintenance, or transmission of protected health information
under the privacy regulations promulgated under the Health
Insurance Portability and Accountability Act of 1996 in part
160 and subparts A and E of part 164 of title 45, Code of
Federal Regulations (or successor regulations); or
``(V) limit any requirement under subparagraph (A) or (B).
``(vii) For purposes of this subparagraph--
``(I) the terms `applicable entity' and `applicable group
purchasing organization' have the meanings given such terms in
section 726(e);
``(II) the terms `covered plan', `covered service
provider', and `responsible plan fiduciary' have the meanings
given such terms in subparagraph (B); and
``(III) the terms `group health insurance coverage',
`health insurance coverage', and `health insurance issuer' have
the meanings given such terms in section 733.''.
b
Rule of Construction.--Subclause (II)(aa) of section
408(b)(2)(B)(viii) of the Employee Retirement Income Security Act of
1974 (29 U.S.C. 1108(b)(2)(B)(viii)), as amended by subsection (a),
shall not be construed to relieve or limit a responsible plan fiduciary
from the duty to monitor the practices of any covered service provider
that contracts with the applicable covered plan, including for the
purposes of ensuring the reasonableness of compensation. For purposes
of this subsection, the terms ``covered plan'', ``covered service
provider'', and ``responsible plan fiduciary'' have the meanings given
such terms in section 408(b)(2)(B)(ii) of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1108(b)(2)(B)(ii)).
c
Clarification of Covered Service Provider.--
(1) Services.--Section 408(b)(2)(B)(ii)(I)(bb) of the
Employee Retirement Income Security Act of 1974 (29 U.S.C.
1108(b)(2)(B)(ii)(I)(bb)) is amended--
(A) in subitem (AA) by striking ``Brokerage
services,'' and inserting ``Services (including
brokerage services),''; and
(B) in subitem (BB)--
i
by striking ``Consulting,'' and
inserting ``Other services,''; and
(ii) by striking ``related to the
development or implementation of plan design''
and all that follows through the period at the
end and inserting ``including any of the
following: plan design, insurance or insurance
product selection (including vision and
dental), recordkeeping, medical management,
benefits administration selection (including
vision and dental), stop-loss insurance,
pharmacy benefit management services, wellness
design and management services, transparency
tools, group purchasing organization agreements
and services, participation in and services
from preferred vendor panels, disease
management, compliance services, employee
assistance programs, or third-party
administration services, or consulting services
related to any such services.''.
(2) Certain arrangements for pharmacy benefit management
services considered as indirect.--
(A) In general.--Section 408(b)(2)(B)(i) of the
Employee Retirement Income Security Act of 1974 (29
U.S.C. 1108(b)(2)(B)(i)) is amended--
i
by striking ``requirements of this
clause'' and inserting ``requirements of this
subparagraph''; and
(ii) by adding at the end the following:
``For purposes of applying section 406(a)(1)(C)
with respect to a transaction described under
this subparagraph or subparagraph (C), a
contract or arrangement for services between a
covered plan and an entity providing services
to the plan, including a health insurance
issuer providing health insurance coverage in
connection with the covered plan, in which such
entity contracts, in connection with such plan,
with a service provider for pharmacy benefit
management services, shall be considered an
indirect furnishing of goods, services, or
facilities between the covered plan and the
service provider for pharmacy benefit
management services acting as the party in
interest.''.
(B) Exemption.--Section 408(b)(2)(B) (29 U.S.C.
1108(b)(2)(B)) of such Act is amended by adding at the
end the following:
``(x) A service provider for pharmacy benefit management
services that is considered to indirectly furnish goods,
services, or facilities to a covered plan, as described in
clause (i)(I), is entitled to relief with respect to a
violation of this section provided the conditions for receiving
such relief are satisfied.''.
(C) Health insurance issuer and health insurance
coverage defined.--Section 408(b)(2)(B)(ii)(I)(aa) of
such Act (29 U.S.C. 1108(b)(2)(B)(ii)(I)(aa)) is
amended by inserting before the period at the end ``and
the terms `health insurance coverage' and `health
insurance issuer' have the meanings given such terms in
section 733(b)''.
(D) Technical amendment.--Section
408(b)(2)(B)(ii)(I)(aa) of the Employee Retirement
Income Security Act of 1974 (29 U.S.C.
1108(b)(2)(B)(ii)(I)(aa)) is amended by inserting
``in'' after ``defined''.
(E) Regulatory authority.--Section
408(b)(2)(B)(iii) of such Act (29 U.S.C.
1108(b)(2)(B)(iii)) is amended, in the matter preceding
subclause (I), by inserting ``(in accordance with
regulations issued by the Secretary addressing time,
manner, and content of such disclosures)'', after
``following''.
SEC. 6703. INCREASING TRANSPARENCY IN GENERIC DRUG APPLICATIONS.
a
In General.--Section 505(j)(3) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 355(j)(3)) is amended by adding at the end the
following:
``(H)(i) Upon request (in controlled correspondence or an analogous
process) by a person that has submitted or intends to submit an
abbreviated application under this subsection for a drug that is
required by regulation to contain one or more of the same inactive
ingredients in the same concentrations as the listed drug referred to,
or for which the Secretary determines there is a scientific
justification for an approach that is in vitro, in whole or in part, to
be used to demonstrate bioequivalence for a drug if such a drug
contains one or more of the same inactive ingredients in the same
concentrations as the listed drug referred to, the Secretary shall
inform the person whether such drug is qualitatively and quantitatively
the same as the listed drug. The Secretary may also provide such
information to such a person on the Secretary's own initiative during
the review of an abbreviated application under this subsection for such
drug.
``(ii) Notwithstanding section 301(j), if the Secretary determines
that such drug is not qualitatively or quantitatively the same as the
listed drug, the Secretary shall identify and disclose to the person--
``(I) the ingredient or ingredients that cause such drug not to be
qualitatively or quantitatively the same as the listed drug; and
``(II) for any ingredient for which there is an identified
quantitative deviation, the amount of such deviation.
``(iii) If the Secretary determines that such drug is qualitatively
and quantitatively the same as the listed drug, the Secretary shall not
change or rescind such determination after the submission of an
abbreviated application for such drug under this subsection unless--
``(I) the formulation of the listed drug has been changed and the
Secretary has determined that the prior listed drug formulation was
withdrawn for reasons of safety or effectiveness; or
``(II) the Secretary makes a written determination that the prior
determination must be changed because an error has been identified.
``(iv) If the Secretary makes a written determination described in
clause (iii)(II), the Secretary shall provide notice and a copy of the
written determination to the person making the request under clause
i
.
``(v) The disclosures authorized under clauses (i) and (ii) are
disclosures authorized by law, including for purposes of section 1905
of title 18, United States Code. This subparagraph shall not otherwise
be construed to authorize the disclosure of nonpublic qualitative or
quantitative information about the ingredients in a listed drug, or to
affect the status, if any, of such information as trade secret or
confidential commercial information for purposes of section 301(j) of
this Act, section 552 of title 5, United States Code, or section 1905
of title 18, United States Code.''.
b
Guidance.--
(1) In general.--Not later than one year after the date of
enactment of this Act, the Secretary of Health and Human
Services shall issue draft guidance, or update guidance,
describing how the Secretary will determine whether a drug is
qualitatively and quantitatively the same as the listed drug
(as such terms are used in section 505(j)(3)(H) of the Federal
Food, Drug, and Cosmetic Act, as added by subsection (a)),
including with respect to assessing pH adjusters.
(2) Process.--In issuing guidance under this subsection,
the Secretary of Health and Human Services shall--
(A) publish draft guidance;
(B) provide a period of at least 60 days for
comment on the draft guidance; and
(C) after considering any comments received and not
later than one year after the close of the comment
period on the draft guidance, publish final guidance.
c
Applicability.--Section 505(j)(3)(H) of the Federal Food, Drug,
and Cosmetic Act, as added by subsection (a), applies beginning on the
date of enactment of this Act, irrespective of the date on which the
guidance required by subsection (b) is finalized.
Passed the House of Representatives January 22, 2026.
Attest:
KEVIN F. MCCUMBER,
Clerk.
Calendar No. 302
119th CONGRESS
2d Session
H. R. 7148
_______________________________________________________________________
AN ACT
Making further consolidated appropriations for the fiscal year ending
September 30, 2026, and for other purposes.
_______________________________________________________________________
January 26, 2026
Read the second time and placed on the calendar
