Sec. 520. None of the funds appropriated or otherwise made available by this Act may be used to enter into a contract in an amount greater than $5,000,000 or to award a grant in excess of such amount unless the prospective contractor or grantee certifies in writing to the agency awarding the contract or grant that, to the best of its knowledge and belief, the contractor or grantee has filed all Federal tax returns required during the three years preceding the certification, has not been convicted of a criminal offense under the Internal Revenue Code of 1986, and has not, more than 90 days prior to certification, been notified of any unpaid Federal tax assessment for which the liability remains unsatisfied, unless the assessment is the subject of an installment agreement or offer in compromise that has been approved by the Internal Revenue Service and is not in default, or the assessment is the subject of a non-frivolous administrative or judicial proceeding.

7,043 words·~32 min read·/statute-compilations/comps-17750/sec-520

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

## SEC. 520 None of the funds appropriated or otherwise made available by this Act may be used to enter into a contract in an amount greater than $5,000,000 or to award a grant in excess of such amount unless the prospective contractor or grantee certifies in writing to the agency awarding the contract or grant that, to the best of its knowledge and belief, the contractor or grantee has filed all Federal tax returns required during the three years preceding the certification, has not been convicted of a criminal offense under the Internal Revenue Code of 1986, and has not, more than 90 days prior to certification, been notified of any unpaid Federal tax assessment for which the liability remains unsatisfied, unless the assessment is the subject of an installment agreement or offer in compromise that has been approved by the Internal Revenue Service and is not in default, or the assessment is the subject of a non-frivolous administrative or judicial proceeding.

(rescissions)521.(a)Of the unobligated balances available to the Department of Commerce, the following funds are hereby permanently rescinded, not later than September 30, 2024, from the following accounts in the specified amounts—(1)“Economic Development Administration—Economic Development Assistance Programs”, $35,000,000, only from prior year appropriations;(2)“Census Working Capital Fund”, $10,000,000;(3)“National Institute of Standards and Technology—Working Capital Fund”, $10,000,000;(4)“Nonrecurring Expenses Fund”, $12,440,000,000, only from amounts appropriated by section 101(e) of the Fiscal Responsibility Act of 2023 (Public Law 118-5); and(5)“Departmental Management—Working Capital Fund”, $10,000,000.(b)Of the unobligated balances from prior year appropriations available to the Department of Justice, the following funds are hereby permanently rescinded, not later than September 30, 2024, from the following accounts in the specified amounts—(1)“Federal Bureau of Investigation—Salaries and Expenses”, $367,700,000;(2)“Federal Prison System—Buildings and Facilities”, $19,000,000;(3)“State and Local Law Enforcement Activities—Office on Violence Against Women—Violence Against Women Prevention and Prosecution Programs”, $5,000,000;(4)“State and Local Law Enforcement Activities—Office of Justice Programs”, $120,000,000; and(5)“State and Local Law Enforcement Activities—Community Oriented Policing Services”, $15,000,000.(c)Of the unobligated balances available to the Department of Justice, the following funds are hereby permanently rescinded, not later than September 30, 2024, from the following accounts in the specified amounts—(1)“Working Capital Fund”, $131,572,000; and(2)“Legal Activities—Assets Forfeiture Fund”, $500,000,000.(d)The Departments of Commerce and Justice shall submit to the Committees on Appropriations of the House of Representatives and the Senate a report no later than September 1, 2024, specifying the amount of each rescission made pursuant to subsections (a), (b), and (c).(e)The amounts rescinded in subsections (a), (b), and

(c)shall not be from amounts that were designated by the Congress as an emergency or disaster relief requirement pursuant to the concurrent resolution on the budget or the Balanced Budget and Emergency Deficit Control Act of 1985.(f)The amounts rescinded pursuant to subsections

(b)and

(c)shall not be from—(1)amounts provided under subparagraph

(Q)of paragraph

(1)under the heading “State and Local Law Enforcement Activities—Office of Justice Programs—State and Local Law Enforcement Assistance” in title II of division B of Public Law 117-103 or Public Law 117-328; or(2)amounts provided under paragraph

(7)under the heading “State and Local Law Enforcement Activities—Community Oriented Policing Services—Community Oriented Policing Services Programs” in title II of division B of Public Law 117-103 or Public Law 117-328.522.None of the funds made available in this Act may be used to purchase first class or premium airline travel in contravention of sections 301-10.122 through 301-10.124 of title 41 of the Code of Federal Regulations.523.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 from a Federal department or agency, who are stationed in the United States, at any single conference occurring outside the United States unless—(1)such conference is a law enforcement training or operational conference for law enforcement personnel and the majority of Federal employees in attendance are law enforcement personnel stationed outside the United States; or(2)such conference is a scientific conference and the department or agency head 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 15 days of that determination and the basis for that determination.524.The Director of the Office of Management and Budget shall instruct any department, agency, or instrumentality of the United States receiving funds appropriated under this Act to track undisbursed balances in expired grant accounts and include in its annual performance plan and performance and accountability reports the following:(1)Details on future action the department, agency, or instrumentality will take to resolve undisbursed balances in expired grant accounts.(2)The method that the department, agency, or instrumentality uses to track undisbursed balances in expired grant accounts.(3)Identification of undisbursed balances in expired grant accounts that may be returned to the Treasury of the United States.(4)In the preceding 3 fiscal years, details on the total number of expired grant accounts with undisbursed balances (on the first day of each fiscal year) for the department, agency, or instrumentality and the total finances that have not been obligated to a specific project remaining in the accounts.525.To the extent practicable, funds made available in this Act should be used to purchase light bulbs that are “Energy Star” qualified or have the “Federal Energy Management Program” designation.526.(a)None of the funds made available by this Act may be used for the National Aeronautics and Space Administration (NASA), the Office of Science and Technology Policy (OSTP), or the National Space Council

(NSC)to develop, design, plan, promulgate, implement, or execute a bilateral policy, program, order, or contract of any kind to participate, collaborate, or coordinate bilaterally in any way with China or any Chinese-owned company unless such activities are specifically authorized by a law enacted after the date of enactment of this Act.(b)None of the funds made available by this Act may be used to effectuate the hosting of official Chinese visitors at facilities belonging to or utilized by NASA.(c)The limitations described in subsections

(a)and

(b)shall not apply to activities which NASA, OSTP, or NSC, after consultation with the Federal Bureau of Investigation, have certified—(1)pose no risk of resulting in the transfer of technology, data, or other information with national security or economic security implications to China or a Chinese-owned company; and(2)will not involve knowing interactions with officials who have been determined by the United States to have direct involvement with violations of human rights.(d)Any certification made under subsection

(c)shall be submitted to the Committees on Appropriations of the House of Representatives and the Senate, and the Federal Bureau of Investigation, no later than 30 days prior to the activity in question and shall include a description of the purpose of the activity, its agenda, its major participants, and its location and timing.527.(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, or other law enforcement- or victim assistance-related activity.528.The Departments of Commerce and Justice, the National Aeronautics and Space Administration, the National Science Foundation, the Commission on Civil Rights, the Equal Employment Opportunity Commission, the International Trade Commission, the Legal Services Corporation, the Marine Mammal Commission, the Offices of Science and Technology Policy and the United States Trade Representative, the National Space Council, and the State Justice Institute shall submit spending plans, signed by the respective department or agency head, to the Committees on Appropriations of the House of Representatives and the Senate not later than 45 days after the date of enactment of this Act.529.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 for performance that does not meet the basic requirements of a contract.530.None of the funds made available by this Act may be used in contravention of section 7606 (“Legitimacy of Industrial Hemp Research”) of the Agricultural Act of 2014 (Public Law 113-79) by the Department of Justice or the Drug Enforcement Administration.531.None of the funds made available under this Act to the Department of Justice may be used, with respect to any of the States of Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Illinois, Indiana, Iowa, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, and Wyoming, or with respect to the District of Columbia, the Commonwealth of the Northern Mariana Islands, the United States Virgin Islands, Guam, or Puerto Rico, to prevent any of them from implementing their own laws that authorize the use, distribution, possession, or cultivation of medical marijuana.532.The Department of Commerce, the National Aeronautics and Space Administration, and the National Science Foundation shall provide a quarterly report to the Committees on Appropriations of the House of Representatives and the Senate on any official travel to China by any employee of such Department or agency, including the purpose of such travel.533.Of the amounts made available by this Act, not less than 10 percent of each total amount provided, respectively, for Public Works grants authorized by the Public Works and Economic Development Act of 1965 and grants authorized by section 27 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3722) shall be allocated for assistance in persistent poverty counties: * Provided,* That for purposes of this section, the term "persistent poverty counties" means any county that has had 20 percent or more of its population living in poverty over the past 30 years, as measured by the 1993 Small Area Income and Poverty Estimates, the 2000 decennial census, and the most recent Small Area Income and Poverty Estimates, or any Territory or possession of the United States.534.(a)Notwithstanding any other provision of law or treaty, none of the funds appropriated or otherwise made available under this Act or any other Act may be expended or obligated by a department, agency, or instrumentality of the United States to pay administrative expenses or to compensate an officer or employee of the United States in connection with requiring an export license for the export to Canada of components, parts, accessories or attachments for firearms listed in Category I, section 121.1 of title 22, Code of Federal Regulations (International Trafficking in Arms Regulations (ITAR), part 121, as it existed on April 1, 2005) with a total value not exceeding $500 wholesale in any transaction, provided that the conditions of subsection

(b)of this section are met by the exporting party for such articles.(b)The foregoing exemption from obtaining an export license—(1)does not exempt an exporter from filing any Shipper’s Export Declaration or notification letter required by law, or from being otherwise eligible under the laws of the United States to possess, ship, transport, or export the articles enumerated in subsection (a); and(2)does not permit the export without a license of—(A)fully automatic firearms and components and parts for such firearms, other than for end use by the Federal Government, or a Provincial or Municipal Government of Canada;(B)barrels, cylinders, receivers (frames) or complete breech mechanisms for any firearm listed in Category I, other than for end use by the Federal Government, or a Provincial or Municipal Government of Canada; or(C)articles for export from Canada to another foreign destination.(c)In accordance with this section, the District Directors of Customs and postmasters shall permit the permanent or temporary export without a license of any unclassified articles specified in subsection

(a)to Canada for end use in Canada or return to the United States, or temporary import of Canadian-origin items from Canada for end use in the United States or return to Canada for a Canadian citizen.(d)The President may require export licenses under this section on a temporary basis if the President determines, upon publication first in the Federal Register, that the Government of Canada has implemented or maintained inadequate import controls for the articles specified in subsection (a), such that a significant diversion of such articles has and continues to take place for use in international terrorism or in the escalation of a conflict in another nation. The President shall terminate the requirements of a license when reasons for the temporary requirements have ceased.535.Notwithstanding any other provision of law, no department, agency, or instrumentality of the United States receiving appropriated funds under this Act or any other Act shall obligate or expend in any way such funds to pay administrative expenses or the compensation of any officer or employee of the United States to deny any application submitted pursuant to 22 U.S.C. 2778(b)(1)(B) and qualified pursuant to 27 CFR section478.112 or .113, for a permit to import United States origin “curios or relics” firearms, parts, or ammunition.536.None of the funds made available by this Act may be used to pay the salaries or expenses of personnel to deny, or fail to act on, an application for the importation of any model of shotgun if—(1)all other requirements of law with respect to the proposed importation are met; and(2)no application for the importation of such model of shotgun, in the same configuration, had been denied by the Attorney General prior to January 1, 2011, on the basis that the shotgun was not particularly suitable for or readily adaptable to sporting purposes.537.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.538.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.539.(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.540.(a)The remaining unobligated balances of funds as of September 30, 2024, from amounts made available to “Office of the United States Trade Representative—Salaries and Expenses” in section 540(a) of division B of the Consolidated Appropriations Act, 2023 (Public Law 117-328) are hereby rescinded, and an amount of additional new budget authority equivalent to the amount rescinded pursuant to this subsection is hereby appropriated on September 30, 2024, for an additional amount for fiscal year 2024, to remain available until September 30, 2026, and shall be available for the same purposes, in addition to other funds as may be available for such purposes, and under the same authorities for which the funds were provided in Public Law 116-113, except that all references to “2023” under such heading in Public Law 116-113 shall be deemed to refer instead to “2026”.(b)The remaining unobligated balances of funds as of September 30, 2024, from amounts made available to “Office of the United States Trade Representative—Trade Enforcement Trust Fund” in section 540(b) of division B of the Consolidated Appropriations Act, 2023 (Public Law 117-328) are hereby rescinded, and an amount of additional new budget authority equivalent to the amount rescinded pursuant to this subsection is hereby appropriated on September 30, 2024, for an additional amount for fiscal year 2024, to remain available until September 30, 2026, and shall be available for the same purposes, in addition to other funds as may be available for such purposes, and under the same authorities for which the funds were provided in Public Law 116-113, except that the reference to “2023” under such heading in Public Law 116-113 shall be deemed to refer instead to “2026”.(c)The amounts rescinded pursuant to this section that were previously designated by the Congress as an emergency requirement pursuant to section 4001(a)(1) of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022, and section 1(e) of H. Res. 1151 (117th Congress), as engrossed in the House of Representatives on June 8, 2022, are designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.(d)Each amount provided by this section is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.541.Funds made available to the Department of Commerce and the Department of Justice in this Act and any remaining unobligated balances of funds made available to the Department of Commerce and the Department of Justice in prior year Acts, other than amounts 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 or from amounts made available under the heading “Department of Justice—Legal Activities—Fees and Expenses of Witnesses”, shall be 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 payments made pursuant to the matter preceding this proviso may not exceed $5,000,000 for the Department of Commerce and $10,000,000 for the Department of Justice.542.Notwithstanding title II of division J of the Infrastructure Investment and Jobs Act (Public Law 117-58), up to 0.7 percent of amounts made available to the National Telecommunications and Information Administration by such Act shall be available for salaries and expenses, administration, and oversight of programs administered by such Administration that received appropriations by such Act, in addition to amounts previously made available for such purpose: * Provided,* That all such amounts shall be available across such programs and shall be available for salaries and expenses, administration, and oversight of the Connecting Minority Communities Pilot Program (as authorized by section 902 of division N of Public Law 116-260) and of the Broadband Connectivity Infrastructure Program (as authorized by section 905(d) of division N of Public Law 116-260), regardless of the heading under which such amounts were appropriated: * Provided further,* That such amounts may be transferred between the appropriate accounts to carry out this section, in addition to authorities included elsewhere in such Act: * Provided further,* That this section shall not reduce the total allocation for any State under Program Notices of Available Amounts dated June 30, 2023: * Provided further,* That amounts transferred pursuant to this section may be obligated only after the Committees on Appropriations of the House of Representatives and the Senate are notified at least 15 days in advance of the planned use of funds: * Provided further,* That amounts repurposed or transferred pursuant to this section that were previously designated by the Congress as an emergency requirement pursuant to a concurrent resolution on the Budget are designated as an emergency requirement pursuant to section 4001(a)(1) of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022, and to legislation establishing fiscal year 2024 budget enforcement in the House of Representatives.543.None of the funds made available by this Act may be used to move the Bureau of Alcohol, Tobacco, Firearms and Explosives

(ATF)Canine Training Center or the ATF National Canine Division from Front Royal, Virginia, to another location.544.(a)Section 507(d) of title 11, United States Code, is amended by inserting "excluding subparagraph (F)" after "(a)(8)".(b)(1)11 U.S.C. 507 noteExcept as provided in paragraph (2), the amendment made by subsection

(a)shall take effect on the date of the enactment of this Act.(2)The amendment made by subsection

(a)shall not apply with respect to cases commenced under title 11 of the United States Code before the date of the enactment of this Act.545.Section 107(b)(2)(C) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7105(b)(2)(C)) is amended by striking "total costs of the projects described in the application submitted" and inserting in its place "total project cost. In general, this project match requirement may be satisfied by contributions or expenditures committed to improve victim support services that promote victim recovery and reintegration into society, provided that these contributions and expenditures are consistent with applicable grant requirements and approved project scope".546.(a)(1)(A)Within 45 days of enactment of this Act, the Secretary of Commerce shall allocate amounts made available from the Creating Helpful Incentives to Produce Semiconductors (CHIPS) for America Fund for fiscal year 2024 pursuant to paragraphs

(1)and

(b)of this section, the Secretary of Commerce shall allocate from the amounts made available from the Creating Helpful Incentives to Produce Semiconductors (CHIPS) for America Fund for fiscal year 2025 pursuant to paragraphs

(1)and

(2)of section 102(a) of the CHIPS Act of 2022 (division A of Public Law 117-167), including the transfer authority in such paragraphs of that section of that Act, to the account specified, in the amount specified, and for the project and activity specified, in the table titled “Department of Commerce Allocation of National Institute of Standards and Technology Funds: CHIPS Act Fiscal Year 2025” in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act), and pursuant to the direction included in the classified annex accompanying this Act.(C)Not later than October 15, 2025, and notwithstanding subsection

(1)and

(2)of section 102(a) of the CHIPS Act of 2022 (division A of Public Law 117-167), including the transfer authority in such paragraphs of that section of that Act, to the accounts specified, in the amounts not to exceed that specified, and for the projects and activities specified, in the table titled “Department of Commerce Allocation of National Institute of Standards and Technology Funds: CHIPS Act Fiscal Year 2026” in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act), and pursuant to the direction included in the classified annex accompanying this Act.(2)Within 45 days of enactment of this Act, the Director of the National Science Foundation shall allocate amounts made available from the Creating Helpful Incentives to Produce Semiconductors (CHIPS) for America Workforce and Education Fund for fiscal year 2024 pursuant to section 102(d)(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 “National Science Foundation Allocation of Funds: CHIPS Act Fiscal Year 2024” in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act).(b)Neither the President nor his designee may allocate any amounts that are made available for any fiscal year under section 102(a)(2)(A) of the CHIPS Act of 2022 or under section 102(d)(2) of such Act if there is in effect an Act making or continuing appropriations for part of a fiscal year for the Departments of Commerce and Justice, Science, and Related Agencies: * 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 funds from the CHIPS for America Fund, which may be allocated only in amounts that are no more than the allocation for such purposes in subsection

(a)of this section.(c)Subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations of the House of Representatives and the Senate, and subject to the terms and conditions in section 505 of this Act—(1)the Secretary of Commerce may reallocate funds allocated to Industrial Technology Services for section 9906 of Public Law 116-283 by subsection (a)(1) of this section; and(2)the Director of the National Science Foundation may reallocate funds allocated to the CHIPS for America Workforce and Education Fund by subsection (a)(2) of this section.(d)Concurrent with the annual budget submission of the President for fiscal year 2025, the Secretary of Commerce and the Director of the National Science Foundation, as appropriate, shall each 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(a)(2) and section 102(d)(2) of the CHIPS Act of 2022 for fiscal year 2025.(e)The Department of Commerce and the National Science Foundation, as appropriate, shall each 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 Fund for amounts allocated pursuant to subsection (a)(1) of this section, and section 543(a)(1) of division B of Public Law 117-328, the status of balances of projects and activities funded by the Public Wireless Supply Chain Innovation Fund for amounts allocated pursuant to section 543 (a)(2) of division B of Public Law 117-328, and the status of balances of projects and activities funded by the CHIPS for America Workforce and Education Fund for amounts allocated pursuant to subsection (a)(2) of this section and section 543(a)(3) of division B of Public Law 117-328, including all uncommitted, committed, and unobligated funds.This division may be cited as the "Commerce, Justice, Science, and Related Agencies Appropriations Act, 2024". ### DIVISION D ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES APPROPRIATIONS ACT, 2024 # TITLE I CORPS OF ENGINEERS DEPARTMENT OF THE ARMYCorps of EngineersThe following appropriations shall be expended under the direction of the Secretary of the Army and the supervision of the Chief of Engineers for authorized civil functions of the Department of the Army pertaining to river and harbor, flood and storm damage reduction, shore protection, aquatic ecosystem restoration, and related efforts.investigations(including rescission of funds)For expenses necessary where authorized by law for the collection and study of basic information pertaining to river and harbor, flood and storm damage reduction, shore protection, aquatic ecosystem restoration, and related needs; for surveys and detailed studies, and plans and specifications of proposed river and harbor, flood and storm damage reduction, shore protection, and aquatic ecosystem restoration projects, and related efforts prior to construction; for restudy of authorized projects; and for miscellaneous investigations, and, when authorized by law, surveys and detailed studies, and plans and specifications of projects prior to construction, $142,990,000, to remain available until expended: * Provided,* That the Secretary shall not deviate from the work plan, once the plan has been submitted to the Committees on Appropriations of both Houses of Congress: * Provided further*, That of the unobligated balances from prior year appropriations available under this heading, $11,413,000 is rescinded: * Provided further*, 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.construction(including rescission of funds)For expenses necessary for the construction of river and harbor, flood and storm damage reduction, shore protection, aquatic ecosystem restoration, and related projects authorized by law; for conducting detailed studies, and plans and specifications, of such projects (including those involving participation by States, local governments, or private groups) authorized or made eligible for selection by law (but such detailed studies, and plans and specifications, shall not constitute a commitment of the Government to construction); $1,854,688,000, to remain available until expended; of which $114,775,000, to be derived from the Harbor Maintenance Trust Fund, shall be to cover the Federal share of construction costs for facilities under the Dredged Material Disposal Facilities program; and of which such sums as are necessary to cover 35 percent of the costs of construction, replacement, rehabilitation, and expansion of inland waterways projects shall be derived from the Inland Waterways Trust Fund, except as otherwise specifically provided for in law: * Provided,* That of the unobligated balances from prior year appropriations available under this heading, $9,678,000 is rescinded: * Provided further,* 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: * Provided further,* That of the unobligated balances from amounts made available under this heading in division J of the Infrastructure Investment and Jobs Act (Public Law 117-58) for which spend plan allocations have not been announced as of the date of enactment of this Act, $1,434,500,000 shall be used, regardless of project purpose and in addition to amounts otherwise made available for such purposes, for projects specified in the table titled “Corps of Engineers—Construction” in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act), and, when combined with the amounts made available in the matter preceding the first proviso under this heading, shall not in total exceed the amount for any project as specified in such table: * Provided further,* That projects receiving funds pursuant to the preceding proviso shall be subject to the terms and conditions of division J of the Infrastructure Investment and Jobs Act (Public Law 117-58): * Provided further,* That not later than 60 days after the date of enactment of this Act, the Secretary shall submit directly to the Committees on Appropriations of both Houses of Congress a work plan that includes the amount that each project specified in the table titled “Corps of Engineers—Construction” in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act) will receive from amounts made available in the matter preceding the first proviso under this heading and from amounts repurposed pursuant to the third proviso under this heading: * Provided further,*That the Secretary shall not deviate from the work plan, once the plan has been submitted to the Committees on Appropriations of both Houses of Congress: * Provided further,* That amounts repurposed under this heading that were previously designated by the Congress as an emergency requirement pursuant to a concurrent resolution on the budget are designated as an emergency requirement pursuant to section 4001(a)(1) of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022, and to legislation establishing fiscal year 2024 budget enforcement in the House of Representatives.mississippi river and tributaries(including rescission of funds)For expenses necessary for flood damage reduction projects and related efforts in the Mississippi River alluvial valley below Cape Girardeau, Missouri, as authorized by law, $368,037,000, to remain available until expended, of which $6,057,000, to be derived from the Harbor Maintenance Trust Fund, shall be to cover the Federal share of eligible operation and maintenance costs for inland harbors: * Provided,*That the Secretary shall not deviate from the work plan, once the plan has been submitted to the Committees on Appropriations of both Houses of Congress: * Provided further*, That of the unobligated balances from prior year appropriations available under this heading, $1,110,000 is rescinded: * Provided further*, 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.operation and maintenance(including rescission of funds)For expenses necessary for the operation, maintenance, and care of existing river and harbor, flood and storm damage reduction, aquatic ecosystem restoration, and related projects authorized by law; providing security for infrastructure owned or operated by the Corps, including administrative buildings and laboratories; maintaining harbor channels provided by a State, municipality, or other public agency that serve essential navigation needs of general commerce, where authorized by law; surveying and charting northern and northwestern lakes and connecting waters; clearing and straightening channels; and removing obstructions to navigation, $5,552,816,000, to remain available until expended, of which $2,650,168,000, to be derived from the Harbor Maintenance Trust Fund, shall be to cover the Federal share of eligible operations and maintenance costs for coastal harbors and channels, and for inland harbors; of which such sums as become available from the special account for the Corps of Engineers established by the Land and Water Conservation Fund Act of 1965 shall be derived from that account for resource protection, research, interpretation, and maintenance activities related to resource protection in the areas at which outdoor recreation is available; of which such sums as become available from fees collected under section 217 of Public Law 104-303 shall be used to cover the cost of operation and maintenance of the dredged material disposal facilities for which such fees have been collected; and of which $58,000,000, to be derived from the general fund of the Treasury, shall be to carry out subsection

(c)of section 2106 of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2238c) and shall be designated as being for such purpose pursuant to paragraph

(2)of section 14003 of division B of the Coronavirus Aid, Relief, and Economic Security Act (Public Law 116-136): * Provided,* That 1 percent of the total amount of funds provided for each of the programs, projects, or activities funded under this heading shall not be allocated to a field operating activity prior to the beginning of the fourth quarter of the fiscal year and shall be available for use by the Chief of Engineers to fund such emergency activities as the Chief of Engineers determines to be necessary and appropriate, and that the Chief of Engineers shall allocate during the fourth quarter any remaining funds which have not been used for emergency activities proportionally in accordance with the amounts provided for the programs, projects, or activities: * Provided further,* That the Secretary shall not deviate from the work plan, once the plan has been submitted to the Committees on Appropriations of both Houses of Congress: * Provided further*, That of the unobligated balances from prior year appropriations available under this heading, $30,000 is rescinded: * Provided further*, 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.regulatory programFor expenses necessary for administration of laws pertaining to regulation of navigable waters and wetlands, $221,000,000, to remain available until September 30, 2025.formerly utilized sites remedial action programFor expenses necessary to clean up contamination from sites in the United States resulting from work performed as part of the Nation’s early atomic energy program, $300,000,000, to remain available until expended.flood control and coastal emergenciesFor expenses necessary to prepare for flood, hurricane, and other natural disasters and support emergency operations, repairs, and other activities in response to such disasters as authorized by law, $35,000,000, to remain available until expended.expensesFor expenses necessary for the supervision and general administration of the civil works program in the headquarters of the Corps of Engineers and the offices of the Division Engineers; and for costs of management and operation of the Humphreys Engineer Center Support Activity, the Institute for Water Resources, the United States Army Engineer Research and Development Center, and the United States Army Corps of Engineers Finance Center allocable to the civil works program, $216,000,000, to remain available until September 30, 2025, of which not to exceed $5,000 may be used for official reception and representation purposes and only during the current fiscal year: * Provided,* That no part of any other appropriation provided in this title shall be available to fund the civil works activities of the Office of the Chief of Engineers or the civil works executive direction and management activities of the division offices: * Provided further,* That any Flood Control and Coastal Emergencies appropriation may be used to fund the supervision and general administration of emergency operations, repairs, and other activities in response to any flood, hurricane, or other natural disaster.office of the assistant secretary of the army for civil worksFor the Office of the Assistant Secretary of the Army for Civil Works as authorized by 10 U.S.C. 7016(b)(3), $5,000,000, to remain available until September 30, 2025: * Provided,* That not more than 75 percent of such amount may be obligated or expended until the Assistant Secretary submits to the Committees on Appropriations of both Houses of Congress the report required under section 101(d) of this Act and a work plan that allocates at least 95 percent of the additional funding provided under each heading in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act), to specific programs, projects, or activities: * Provided further,*That not more than 90 percent of such amounts made available under this heading shall be available for obligation until the Assistant Secretary provides in writing to the Committees on Appropriations of both Houses of Congress recommendations for the appropriate level of design during feasibility studies, the appropriate level of preconstruction engineering and design required before a construction new start, and how cost estimate classifications may best be adjusted for changing environments.water infrastructure finance and innovation program accountFor the cost of direct loans and for the cost of guaranteed loans, as authorized by the Water Infrastructure Finance and Innovation Act of 2014, $2,200,000, to remain available until expended, for safety projects to maintain, upgrade, and repair dams identified in the National Inventory of Dams with a primary owner type of state, local government, public utility, or private: * Provided,* That no project may be funded with amounts provided under this heading for a dam that is identified as jointly owned in the National Inventory of Dams and where one of those joint owners is the Federal Government: * Provided further,* That amounts made available under this heading in this Act shall also be available for projects to construct, maintain, upgrade, and repair levees and ancillary features with a primary owner type of state, municipal, county, private, or other non-Federal entity: * Provided further,* That no project may be funded with amounts provided under this heading for a levee unless the Secretary has certified in advance, in writing, that the levee is not owned, in whole or in part, by the Federal Government: * 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 these funds are available to subsidize gross obligations for the principal amount of direct loans, including capitalized interest, and total loan principal, including capitalized interest, any part of which is to be guaranteed, not to exceed $440,000,000: * Provided further,* That the use of direct loans or loan guarantee authority under this heading for direct loans or commitments to guarantee loans for any project shall be in accordance with the criteria published in the Federal Register on June 30, 2020 (85 FR 39189) pursuant to the fourth proviso under the heading “Water Infrastructure Finance and Innovation Program Account” in division D of the Further Consolidated Appropriations Act, 2020 (Public Law 116-94): * Provided further,*That none of the direct loans or loan guarantee authority made available under this heading shall be available for any project unless the Secretary and the Director of the Office of Management and Budget have certified in advance in writing that the direct loan or loan guarantee, as applicable, and the project comply with the criteria referenced in the previous proviso: * Provided further,* That any references to the Environmental Protection Agency

(EPA)or the Administrator in the criteria referenced in the previous two provisos shall be deemed to be references to the Army Corps of Engineers or the Secretary of the Army, respectively, for purposes of the direct loans or loan guarantee authority made available under this heading: * 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 identified in a Letter of Interest submitted to the Secretary pursuant to a Notice of Funding Availability for applications for credit assistance under the Water Infrastructure Finance and Innovation Act Program, including with respect to a project that was initiated or completed before the date of enactment of this Act.In addition, fees authorized to be collected pursuant to sections 5029 and 5030 of the Water Infrastructure Finance and Innovation Act of 2014 shall be deposited in this account, to remain available until expended.In addition, for administrative expenses to carry out the direct and guaranteed loan programs, notwithstanding section 5033 of the Water Infrastructure Finance and Innovation Act of 2014, $5,000,000, to remain available until September 30, 2025. GENERAL PROVISIONS(including transfers of funds)

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U.S. Code

CFR

Importation by a licensed importer.
§ 478.112

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Pub. L. 104-303

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Sec. 520

None of the funds appropriated or otherwise made available by this Act may be used to enter into a contract in an amount greater than $5,000,000 or to award a grant in excess of such amount unless the prospective contractor or grantee certifies in writing to the agency awarding the contract or grant that, to the best of its knowledge and belief, the contractor or grantee has filed all Federal tax returns required during the three years preceding the certification, has not been convicted of a criminal offense under the Internal Revenue Code of 1986, and has not, more than 90 days prior to certification, been notified of any unpaid Federal tax assessment for which the liability remains unsatisfied, unless the assessment is the subject of an installment agreement or offer in compromise that has been approved by the Internal Revenue Service and is not in default, or the assessment is the subject of a non-frivolous administrative or judicial proceeding.

Pub. L.Public Law 118-5

Pub. L.Public Law 117-103

Pub. L.Public Law 117-328

Pub. L.Public Law 113-79

U.S.C.§ 3722

U.S.C.§ 2778

C.F.R.§ 478.112

Pub. L.Public Law 116-113

U.S.C.§ 2680b

Pub. L.Pub. L. 104-303

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