United States 118th Congress ✓ Enacted · P.L. 118-15 1 R cosponsors

HR 5860 — Continuing Appropriations Act, 2024 and Other Extensions Act

Last action — Became Public Law No: 118-15.

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  1. ✓
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  4. ✓
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    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced September 30, 2023. Enacted.

Prognosis

Advancing 52% · moderate confidence

Where this bill stands today.

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High

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  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 R).

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Making continuing appropriations for fiscal year 2024, and for other purposes.

Bill Text

What changed in the latest version

645 added · 592 removed

Plain-language change summary

The bill has added specific appropriations for fiscal year 2024 while removing some previous references. Notably, it specifies the funding amount for certain programs, substituting "$25,300,000" for a previously listed "$75,300,000." This change impacts how funds are allocated for various government programs, including agricultural research and rural community facilities.

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[Congressional Bills 118th Congress] [From the U.S.
[118th Congress Public Law 15] [From the U.S.
Government Publishing Office] [H.R.
Government Publishing Office] [[Page 137 STAT.
5860 Engrossed in House (EH)] <DOC> 118th CONGRESS 1st Session H.
71]] Public Law 118-15 118th Congress An Act Making continuing appropriations for fiscal year 2024, and for other purposes.
R.
<<NOTE:
5860 _______________________________________________________________________ AN ACT Making continuing appropriations for fiscal year 2024, and for other purposes.
Sept.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1.
30, 2023 - [H.R.
5860]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <<NOTE:
Continuing Appropriations Act, 2024 and Other Extensions Act.>> SECTION 1.
DIVISION A--CONTINUING APPROPRIATIONS ACT, 2024 The following sums are hereby appropriated, out of any money in the Treasury not otherwise appropriated, and out of applicable corporate or other revenues, receipts, and funds, for the several departments, agencies, corporations, and other organizational units of Government for fiscal year 2024, and for other purposes, namely:
DIVISION A <<NOTE:
Applicability.
Apportionments.>> --CONTINUING APPROPRIATIONS ACT, 2024 The following sums are hereby appropriated, out of any money in the Treasury not otherwise appropriated, and out of applicable corporate or other revenues, receipts, and funds, for the several departments, agencies, corporations, and other organizational units of Government for fiscal year 2024, and for other purposes, namely:
(1) The Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2023 (division A of Public Law 117-328), except section 729, and including the matter under the headings ``Food for Peace Title II Grants'' and ``McGovern-Dole International Food for Education and Child Nutrition Program Grants'' in title I of division M of Public Law 117-328, the matter under the headings ``Agricultural Research Service--Buildings and Facilities'', ``Food Safety and Inspection Service'', ``Rural Housing Service-- Rural Community Facilities Program Account'' (except all that follows after ``expended'' in such matter and except that such matter shall be applied by substituting ``$25,300,000'' for ``$75,300,000''), and ``Rural Utilities Service--Rural Water and Waste Disposal Program Account'' (except all that follows after ``expended'' in such matter and except that such matter shall be applied by substituting ``$60,000,000'' for ``$325,000,000'') in title I of division N of Public Law 117-328, and section 2102 in title I of such division N.
(1) The Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2023 (division A of Public Law 117-328), except section 729, and [[Page 137 STAT.
72]] including the matter under the headings ``Food for Peace Title II Grants'' and ``McGovern-Dole International Food for Education and Child Nutrition Program Grants'' in title I of division M of Public Law 117-328, the matter under the headings ``Agricultural Research Service--Buildings and Facilities'', ``Food Safety and Inspection Service'', ``Rural Housing Service-- Rural Community Facilities Program Account'' (except all that follows after ``expended'' in such matter and except that such matter shall be applied by substituting ``$25,300,000'' for ``$75,300,000''), and ``Rural Utilities Service--Rural Water and Waste Disposal Program Account'' (except all that follows after ``expended'' in such matter and except that such matter shall be applied by substituting ``$60,000,000'' for ``$325,000,000'') in title I of division N of Public Law 117-328, and section 2102 in title I of such division N.
(6) The Department of Homeland Security Appropriations Act, (division F of Public Law 117-328), section 2602 of title VI of division N of Public Law 117-328, and title III of division O of Public Law 117-328.
(6) The Department of Homeland Security Appropriations Act, (division F of Public Law 117-328), section 2602 [[Page 137 STAT.
(7) The Department of the Interior, Environment, and Related Agencies Appropriations Act, 2023 (division G of Public Law 117-328), except section 443, and including the second paragraph under each of the headings ``Department of the Interior--Departmental Offices--Department-Wide Programs-- Wildland Fire Management'' and ``Related Agencies--Department of Agriculture--Forest Service--Wildland Fire Management'' in title VII of division N of Public Law 117-328.
73]] of title VI of division N of Public Law 117-328, and title III of division O of Public Law 117-328.
(7) The Department of the Interior, Environment, and Related Agencies Appropriations Act, 2023 (division G of Public Law 117- 328), except section 443, and including the second paragraph under each of the headings ``Department of the Interior-- Departmental Offices--Department-Wide Programs--Wildland Fire Management'' and ``Related Agencies--Department of Agriculture-- Forest Service--Wildland Fire Management'' in title VII of division N of Public Law 117-328.
(11) The Department of State, Foreign Operations, and Related Programs Appropriations Act, 2023 (division K of Public Law 117-328), except section 7069, and including the matter under the headings ``Department of State--Administration of Foreign Affairs--Diplomatic Programs'' (except all that follows after ``2024'' in such matter and except that such matter shall be applied by substituting ``$87,054,000'' for ``$147,054,000''), ``Bilateral Economic Assistance--Funds Appropriated to the President--International Disaster Assistance'' (except all that follows after ``expended'' in such matter and except that such matter shall be applied by substituting ``$637,902,000'' for ``$937,902,000''), ``Bilateral Economic Assistance--Funds Appropriated to the President--Assistance for Europe, Eurasia and Central Asia'', ``Bilateral Economic Assistance--Department of State--Migration and Refugee Assistance'' (except all that follows after ``expended'' in such matter and except that such matter shall be applied by substituting ``$915,048,000'' for ``$1,535,048,000''), and ``International Security Assistance-- Department of State--International Narcotics Control and Law Enforcement'' (except all that follows after ``2024'' in such matter and except that such matter shall be applied by substituting ``$74,996,000'' for ``$374,996,000'') in title VII of division M of Public Law 117-328.
(11) The Department of State, Foreign Operations, and Related Programs Appropriations Act, 2023 (division K of Public Law 117-328), except section 7069, and including the matter under the headings ``Department of State--Administration of Foreign Affairs--Diplomatic Programs'' (except all that follows after ``2024'' in such matter and except that such matter shall be applied by substituting ``$87,054,000'' for ``$147,054,000''), ``Bilateral Economic Assistance--Funds Appropriated to the President--International Disaster Assistance'' (except all that follows after ``expended'' in such matter and except that such matter shall be applied by substituting ``$637,902,000'' for ``$937,902,000''), ``Bilateral Economic Assistance--Funds Appropriated to the President-- Assistance for Europe, Eurasia and Central Asia'', ``Bilateral Economic Assistance--Department of State--Migration and Refugee Assistance'' (except all that follows after ``expended'' in such matter and except that such matter shall be applied by substituting ``$915,048,000'' for ``$1,535,048,000''), and ``International Security Assistance--Department of State-- International Narcotics Control and Law Enforcement'' (except all that follows after ``2024'' in such matter and except that such matter shall be applied by substituting ``$74,996,000'' for ``$374,996,000'') in title VII of division M of Public Law 117- 328.
(1) the new production of items not funded for production in fiscal year 2023 or prior years;
[[Page 137 STAT.
74]] (1) the new production of items not funded for production in fiscal year 2023 or prior years;
(3) November 17, 2023.
(3) <<NOTE:
Expiration date.>> November 17, 2023.
Notwithstanding any other provision of this Act, except section 106, for those programs that would otherwise have high initial rates of operation or complete distribution of appropriations at the beginning of fiscal year 2024 because of distributions of funding to States, foreign countries, grantees, or others, such high initial rates of operation or complete distribution shall not be made, and no grants shall be awarded for such programs funded by this Act that would impinge on final funding prerogatives.
Notwithstanding any other provision of this Act, except section 106, for those programs that would otherwise have high initial rates of operation or complete distribution of appropriations at the beginning of fiscal year 2024 because of distributions of funding to States, foreign countries, grantees, or others, such high initial rates of operation or complete distribution shall not [[Page 137 STAT.
75]] be made, and no grants shall be awarded for such programs funded by this Act that would impinge on final funding prerogatives.
(a) For entitlements and other mandatory payments whose budget authority was provided in appropriations Acts for fiscal year 2023, except the matter under the heading ``Cost of War Toxic Exposures Fund'' in title II of division J of Public Law 117-328, and for activities under the Food and Nutrition Act of 2008, activities shall be continued at the rate to maintain program levels under current law, under the authority and conditions provided in the applicable appropriations Act for fiscal year 2023, to be continued through the date specified in section 106(3).
<<NOTE:
(b) Notwithstanding section 106, obligations for mandatory payments due on or about the first day of any month that begins after October but not later than 30 days after the date specified in section 106(3) may continue to be made, and funds shall be available for such payments.
Extensions.>> (a) For entitlements and other mandatory payments whose budget authority was provided in appropriations Acts for fiscal year 2023, except the matter under the heading ``Cost of War Toxic Exposures Fund'' in title II of division J of Public Law 117- 328, and for activities under the Food and Nutrition Act of 2008, activities shall be continued at the rate to maintain program levels under current law, under the authority and conditions provided in the applicable appropriations Act for fiscal year 2023, to be continued through the date specified in section 106(3).
(b) <<NOTE:
Deadline.>> Notwithstanding section 106, obligations for mandatory payments due on or about the first day of any month that begins after October 2023 but not later than 30 days after the date specified in section 106(3) may continue to be made, and funds shall be available for such payments.
Amounts made available under section 101 for civilian personnel compensation and benefits in each department and agency may be apportioned up to the rate for operations necessary to avoid furloughs within such department or agency, consistent with the applicable appropriations Act for fiscal year 2023, except that such authority provided under this section shall not be used until after the department or agency has taken all necessary actions to reduce or defer non-personnel-related administrative expenses.
Amounts made available under section 101 for civilian personnel compensation and benefits in each department and agency may be apportioned up to the rate for operations necessary to avoid furloughs within such department or agency, consistent with the applicable appropriations Act for fiscal year 2023, except that such authority provided under this section shall not be used until after the department or agency has taken all necessary actions to reduce or defer non- personnel-related administrative expenses.
(b)(1) Each amount incorporated by reference in this Act that was specified to meet the terms of section 4004(b)(5)(B) of S.
[[Page 137 STAT.
76]] (b)(1) Each amount incorporated by reference in this Act that was specified to meet the terms of section 4004(b)(5)(B) of S.
(c) Each amount designated in this Act by the Congress as an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985 shall be available (or repurposed or rescinded, if applicable) only if the President subsequently so designates all such amounts and transmits such designations to the Congress.
(c) <<NOTE:
President.>> Each amount designated in this Act by the Congress as an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985 shall be available (or repurposed or rescinded, if applicable) only if the President subsequently so designates all such amounts and transmits such designations to the Congress.
(a) Rescissions or cancellations of discretionary budget authority that continue pursuant to section 101 in Treasury Appropriations Fund Symbols (TAFS)-- (1) to which other appropriations are not provided by this Act, but for which there is a current applicable TAFS that does receive an appropriation in this Act;
<<NOTE:
or (2) which are no-year TAFS and receive other appropriations in this Act, may be continued instead by reducing the rate for operations otherwise provided by section 101 for such current applicable TAFS, as long as doing so does not impinge on the final funding prerogatives of the Congress.
Rescissions.>> (a) Rescissions or cancellations of discretionary budget authority that continue pursuant to section 101 in Treasury Appropriations Fund Symbols (TAFS)-- [[Page 137 STAT.
(b) Rescissions or cancellations described in subsection (a) shall continue in an amount equal to the lesser of-- (1) the amount specified for rescission or cancellation in the applicable appropriations Act referenced in section 101 of this Act;
77]] (1) to which other appropriations are not provided by this Act, but for which there is a current applicable TAFS that does receive an appropriation in this Act;
or (2) the amount of balances available, as of October 1, 2023, from the funds specified for rescission or cancellation in the applicable appropriations Act referenced in section 101 of this Act.
or (2) <<NOTE:
(c) No later than November 17, 2023, the Director of the Office of Management and Budget shall provide to the Committees on Appropriations of the House of Representatives and the Senate a comprehensive list of the rescissions or cancellations that will continue pursuant to section 101:
Extension.>> which are no-year TAFS and receive other appropriations in this Act, may be continued instead by reducing the rate for operations otherwise provided by section for such current applicable TAFS, as long as doing so does not impinge on the final funding prerogatives of the Congress.
Provided, That the information in such comprehensive list shall be periodically updated to reflect any subsequent changes in the amount of balances available, as of October 1, 2023, from the funds specified for rescission or cancellation in the applicable appropriations Act referenced in section 101, and such updates shall be transmitted to the Committees on Appropriations of the House of Representatives and the Senate upon request.
(b) <<NOTE:
Extension.>> Rescissions or cancellations described in subsection (a) shall continue in an amount equal to the lesser of-- (1) the amount specified for rescission or cancellation in the applicable appropriations Act referenced in section 101 of this Act;
or (2) <<NOTE:
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Effective date.>> the amount of balances available, as of October 1, 2023, from the funds specified for rescission or cancellation in the applicable appropriations Act referenced in section 101 of this Act.
(c) <<NOTE:
Deadline.
List.>> No later than November 17, 2023, the Director of the Office of Management and Budget shall provide to the Committees on Appropriations of the House of Representatives and the Senate a comprehensive list of the rescissions or cancellations that will continue pursuant to section 101:
Provided <<NOTE:
Updates.
Effective date.>> , That the information in such comprehensive list shall be periodically updated to reflect any subsequent changes in the amount of balances available, as of October 1, 2023, from the funds specified for rescission or cancellation in the applicable appropriations Act referenced in section 101, and such updates shall be transmitted to the Committees on Appropriations of the House of Representatives and the Senate upon request.
Sec.
[[Page 137 STAT.
78]] Sec.
(a) Funds previously made available in the Consolidated Appropriations Act, 2017 (Public Law 115-31) and the Consolidated Appropriations Act, 2018 (Public Law 115-141) under the heading ``National Aeronautics and Space Administration--Space Operations'' that were available for obligation through fiscal year 2018 and fiscal year 2019, respectively, are to remain available through fiscal year for the liquidation of valid obligations incurred in fiscal years through 2019.
<<NOTE:
(b)(1) Subject to paragraph (2), this section shall become effective immediately upon enactment of this Act.
Time periods.>> (a) Funds previously made available in the Consolidated Appropriations Act, 2017 (Public Law 115- 31) and the Consolidated Appropriations Act, 2018 (Public Law 115-141) under the heading ``National Aeronautics and Space Administration--Space Operations'' that were available for obligation through fiscal year 2018 and fiscal year 2019, respectively, are to remain available through fiscal year 2024 for the liquidation of valid obligations incurred in fiscal years 2017 through 2019.
(b) <<NOTE:
Effective date.>> (1) Subject to paragraph (2), this section shall become effective immediately upon enactment of this Act.
In addition to amounts otherwise provided by section 101, for ``Federal Emergency Management Agency--Disaster Relief Fund'', there is appropriated $16,000,000,000, for an additional amount for fiscal year 2024, to remain available until expended, of which $2,000,000 shall be transferred to ``Office of the Inspector General-- Operations and Support'' for audits and investigations of activities funded under ``Federal Emergency Management Agency--Disaster Relief Fund'' and $15,500,000,000 shall be for major disasters declared pursuant to the Robert T.
<<NOTE:
Transfer authority.>> In addition to amounts otherwise provided by section 101, for ``Federal Emergency Management Agency--Disaster Relief Fund'', there is appropriated $16,000,000,000, for an additional amount for fiscal year 2024, to remain available until expended, of which $2,000,000 shall be transferred to ``Office of the Inspector General--Operations and Support'' for audits and investigations of activities funded under ``Federal Emergency Management Agency--Disaster Relief Fund'' and $15,500,000,000 shall be for major disasters declared pursuant to the Robert T.
Provided, That such amount 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.
[[Page 137 STAT.
79]] Provided, That such amount 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.
(b)(1) Subject to paragraph (2), this section shall become effective immediately upon enactment of this Act.
(b)(1) <<NOTE:
Effective date.>> Subject to paragraph (2), this section shall become effective immediately upon enactment of this Act.
Activities authorized by part A of title IV (other than under section 403(c) or 418) and section 1108(b) of the Social Security Act shall continue through the date specified in section 106(3), in the manner authorized for fiscal year 2023, 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.
<<NOTE:
Extension.>> Activities authorized by part A of title IV (other than under section 403(c) or 418) and section 1108(b) of the Social Security Act shall continue through the date specified in section 106(3), in the manner authorized for fiscal year 2023, 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.
The authority provided by section 2401 of the Afghanistan Supplemental Appropriations Act, 2022 (division C of Public Law 117-43) shall continue in effect through the date specified in section 106(3) of this Act.
<<NOTE:
Extension.>> The authority provided by section of the Afghanistan Supplemental Appropriations Act, 2022 (division C of Public Law 117-43) shall continue in effect through the date specified in section 106(3) of this Act.
Notwithstanding section 101, the matter under the heading ``Bilateral Economic Assistance--Independent Agencies-- Millennium Challenge Corporation'' in title III of division K of Public Law 117-328 shall be applied by inserting the following new provisos before the last proviso:
Notwithstanding section 101, the matter under the heading ``Bilateral Economic Assistance--Independent Agencies--Millennium Challenge Corporation'' in title III of division K of Public Law 117-328 shall be applied by inserting the following new provisos before the last proviso:
``Provided further, That the member of the Board described in section 604(c)(3)(B)(ii) of the Millennium Challenge Act of 2003, as amended (22 U.S.C.
``Provided further, <<NOTE:
Termination date.>> That the member of the Board described in section 604(c)(3)(B)(ii) of the Millennium Challenge Act of 2003, as amended (22 U.S.C.
Provided further, That in the event that a new member of the Board described in section 604(c)(3)(B) of such Act (22 U.S.C.
Provided further, <<NOTE:
Termination date.>> That in the event that a new member of the Board described in section 604(c)(3)(B) of such Act (22 U.S.C.
Notwithstanding section 101, the matter preceding the first proviso under the heading ``Department of Transportation--Federal Aviation Administration--Facilities and Equipment'' in title I of division L of Public Law 117-328 shall be applied by substituting ``$617,000,000'' for ``$570,000,000'' and substituting ``$2,174,200,000'' for ``$2,221,200,000''.
Notwithstanding section 101, the matter preceding the first proviso under the heading ``Department of Transportation--Federal Aviation Administration--Facilities and Equipment'' in title [[Page 137 STAT.
DIVISION B--OTHER MATTERS TITLE I--EXTENSIONS AND OTHER MATTERS SEC.
80]] * I of division L of Public Law 117-328 shall be applied by substituting ``$617,000,000'' for ``$570,000,000'' and substituting ``$2,174,200,000'' for ``$2,221,200,000''.
__________ * Editorial note:
The text above is the only information printed on this page of the signed law.
--------------------------------------------------------------------------- [[Page 137 STAT.
81]] DIVISION B--OTHER MATTERS TITLE I--EXTENSIONS AND OTHER MATTERS SEC.
EXTENSION OF CERTAIN PROVISIONS OF THE COMPACT OF FREE ASSOCIATION WITH THE FEDERATED STATES OF MICRONESIA AND THE FEDERAL PROGRAM AND SERVICES AGREEMENTS WITH THE FEDERATED STATES OF MICRONESIA AND THE REPUBLIC OF THE MARSHALL ISLANDS.
<<NOTE:
Time periods.>> EXTENSION OF CERTAIN PROVISIONS OF THE COMPACT OF FREE ASSOCIATION WITH THE FEDERATED STATES OF MICRONESIA AND THE FEDERAL PROGRAM AND SERVICES AGREEMENTS WITH THE FEDERATED STATES OF MICRONESIA AND THE REPUBLIC OF THE MARSHALL ISLANDS.
Public Law 108-188) shall, with the mutual consent of the Federated States of Micronesia, continue in the manner authorized and required for fiscal year 2023 under the agreements described in paragraphs (4) and (5) of section 462(b) of that Compact.
Public Law 108-188) shall, with the mutual consent of the Federated States of Micronesia, continue in the manner authorized and required for fiscal year under the agreements described in paragraphs (4) and (5) of section 462(b) of that Compact.
(b) Federal Programs and Services.--During the period beginning on October 1, 2023, and ending on the date on which a new Federal programs and services agreement with the applicable country enters into force, any activities described in sections 131, 132, and 221(a) of the Compact of Free Association between the Government of the United States of America and the Government of the Federated States of Micronesia set forth in section 201(a) of the Compact of Free Association Amendments Act of 2003 (48 U.S.C.
(b) <<NOTE:
48 USC 1921 note.>> Federal Programs and Services.-- During the period beginning on October 1, 2023, and ending on the date on which a new Federal programs and services agreement with the applicable country enters into force, any activities described in sections 131, 132, and 221(a) of the Compact of Free Association between the Government of the United States of America and the Government of the Federated States of Micronesia set forth in section 201(a) of the Compact of Free Association Amendments Act of 2003 (48 U.S.C.
SEC.
[[Page 137 STAT.
82]] SEC.
TITLE II--FAA EXTENSION Subtitle A--Federal Aviation Programs SEC.
TITLE II--FAA EXTENSION Subtitle A <<NOTE:
Time periods.>> --Federal Aviation Programs SEC.
(b) Unmanned Aircraft Test Ranges.--Section 44803(h) of title 49, United States Code, is amended by striking ``September 30, 2023'' and inserting ``December 31, 2023''.
[[Page 137 STAT.
83]] (b) Unmanned Aircraft Test Ranges.--Section 44803(h) of title 49, United States Code, is amended by striking ``September 30, 2023'' and inserting ``December 31, 2023''.
Storage Facilities for Snow Removal Equipment.--Section 162 of the FAA Reauthorization Act of 2018 (49 U.S.C.
Storage Facilities for Snow Removal Equipment.--Section 162 of the FAA Reauthorization Act of (49 U.S.C.
47102 note) is amended by inserting ``and for the period beginning on October 1, 2023, and ending on December 31, 2023'' after ``fiscal years 2018 through 2023''.
47102 note) is amended [[Page 137 STAT.
84]] by inserting ``and for the period beginning on October 1, 2023, and ending on December 31, 2023'' after ``fiscal years 2018 through 2023''.
42301 note) is amended by striking ``September 30, 2023'' and inserting ``December 31, 2023''.
42301 note) <<NOTE:
49 USC note prec.
42301.>> is amended by striking ``September 30, 2023'' and inserting ``December 31, 2023''.
SEC.
[[Page 137 STAT.
85]] SEC.
(a) In General.--Section 9502(d)(1) of the Internal Revenue Code of is amended-- (1) in the matter preceding subparagraph (A) by striking ``October 1, 2023'' and inserting ``January 1, 2024'';
(a) In General.--Section 9502(d)(1) of the Internal Revenue Code of <<NOTE:
26 USC 9502.>> is amended-- (1) in the matter preceding subparagraph (A) by striking ``October 1, 2023'' and inserting ``January 1, 2024'';
Subtitle C--Expiring Counter-UAS Authorities SEC.
[[Page 137 STAT.
86]] Subtitle C--Expiring Counter-UAS Authorities SEC.
TITLE III--HEALTH AND HUMAN SERVICES Subtitle A--Animal Drug and Animal Generic Drug User Fee Amendments CHAPTER 1--FEES RELATING TO ANIMAL DRUGS SEC.
TITLE III--HEALTH AND HUMAN SERVICES Subtitle A--Animal Drug and Animal Generic Drug User Fee Amendments CHAPTER 1 <<NOTE:
Animal Drug User Fee Amendments of 2023.>> --FEES RELATING TO ANIMAL DRUGS SEC.
(a) Short Title.--This chapter may be cited as the ``Animal Drug User Fee Amendments of 2023''.
(a) <<NOTE:
(b) Finding.--Congress finds that the fees authorized by the amendments made in this chapter will be dedicated toward expediting the animal drug development process and the review of new and supplemental animal drug applications and investigational animal drug submissions as set forth in the goals identified for purposes of part 4 of subchapter C of chapter VII of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
21 USC 301 note.>> Short Title.--This chapter may be cited as the ``Animal Drug User Fee Amendments of 2023''.
(b) <<NOTE:
21 USC 379j-11 note.>> Finding.--Congress finds that the fees authorized by the amendments made in this chapter will be dedicated toward expediting the animal drug development process and the review of new and supplemental animal drug applications and investigational animal drug submissions as set forth in the goals identified for purposes of part 4 of subchapter C of chapter VII of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
SEC.
[[Page 137 STAT.
87]] SEC.
``(1) In general.--Subject to subsections (c), (d), (f), and (g), for each of fiscal years 2024 through 2028, the fees required under subsection (a) shall be established to generate a total revenue amount of $33,500,000.''.
``(1) <<NOTE:
Time periods.>> In general.--Subject to subsections (c), (d), (f), and (g), for each of fiscal years through 2028, the fees required under subsection (a) shall be established to generate a total revenue amount of $33,500,000.''.
``(1) Annual fee setting.--Not later than 60 days before the start of each fiscal year beginning after September 30, 2023, the Secretary shall-- ``(A) establish for that fiscal year animal drug application fees, supplemental animal drug application fees, animal drug sponsor fees, animal drug establishment fees, and animal drug product fees based on the revenue amounts established under subsection (b) and the adjustments provided under this subsection;
``(1) <<NOTE:
and ``(B) publish such fee revenue amounts and fees in the Federal Register.''.
Deadline.>> Annual fee setting.--Not later than 60 days before the start of each fiscal year beginning after September 30, 2023, the Secretary shall-- ``(A) establish for that fiscal year animal drug application fees, supplemental animal drug application fees, animal drug sponsor fees, animal drug establishment fees, and animal drug product fees based on the revenue amounts established under subsection (b) and the adjustments provided under this subsection;
and ``(B) <<NOTE:
Federal Register, publication.>> publish such fee revenue amounts and fees in the Federal Register.''.
``(ii) such adjustment shall be made for each fiscal year that the adjustment determined by the Secretary is greater than 3 percent, except for the first fiscal year that the adjustment is greater than 3 percent;
[[Page 137 STAT.
and ``(iii) the Secretary shall publish in the Federal Register notice under paragraph (1) the amount of such adjustment and the supporting methodologies.'';
88]] ``(ii) <<NOTE:
Determination.>> such adjustment shall be made for each fiscal year that the adjustment determined by the Secretary is greater than 3 percent, except for the first fiscal year that the adjustment is greater than 3 percent;
and ``(iii) <<NOTE:
Federal Register, publication.
Notice.>> the Secretary shall publish in the Federal Register notice under paragraph (1) the amount of such adjustment and the supporting methodologies.'';
``(4) Operating reserve adjustment.-- ``(A) In general.--For fiscal year 2025 and each subsequent fiscal year, after the fee revenue amount established under subsection (b) is adjusted in accordance with paragraphs (2) and (3), the Secretary shall-- ``(i) increase the fee revenue amount for such fiscal year, if necessary to provide an operating reserve of not less than 12 weeks;
``(4) <<NOTE:
Time periods.>> Operating reserve adjustment.-- ``(A) In general.--For fiscal year 2025 and each subsequent fiscal year, after the fee revenue amount established under subsection (b) is adjusted in accordance with paragraphs (2) and (3), the Secretary shall-- ``(i) increase the fee revenue amount for such fiscal year, if necessary to provide an operating reserve of not less than 12 weeks;
``(D) Publication.--If an adjustment to the operating reserve is made under this paragraph, the Secretary shall publish in the Federal Register notice under paragraph (1) the rationale for the amount of the adjustment and the supporting methodologies.''.
``(D) <<NOTE:
Federal Register, publication.
Notice.>> Publication.--If an adjustment to the operating reserve is made under this paragraph, the Secretary shall publish in the Federal Register notice under paragraph (1) the rationale for the amount of the adjustment and the supporting methodologies.''.
(e) Crediting and Availability of Fees.-- (1) Authorization of appropriations.--Section 740(g)(3) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
(e) Crediting and Availability of Fees.-- [[Page 137 STAT.
89]] (1) Authorization of appropriations.--Section 740(g)(3) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
SAVINGS CLAUSE.
<<NOTE:
Extension.
Time period.
21 USC 379j-11 note.>> SAVINGS CLAUSE.
EFFECTIVE DATE.
<<NOTE:
Assessment.
21 USC 379j-11 note.>> EFFECTIVE DATE.
(a) Authorization.--Sections 739 and 740 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
(a) <<NOTE:
21 USC 379j-11 note.>> Authorization.--Sections 739 and of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
(b) Reporting Requirements.--Section 740A of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
(b) <<NOTE:
21 USC 379j-13 note.>> Reporting Requirements.--Section 740A of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
(c) Previous Sunset Provision.--Effective October 1, 2023, subsections (a) and (b) of section 107 of the Animal Drug User Fee Amendments of 2018 (Public Law 115-234) are repealed.
(c) <<NOTE:
CHAPTER 2--FEES RELATING TO GENERIC ANIMAL DRUGS SEC.
Repeals.
21 USC 379j-12 note.
21 USC 379j-12 note, 379j- note.>> Previous Sunset Provision.--Effective October 1, 2023, subsections (a) and (b) of section 107 of the Animal Drug User Fee Amendments of 2018 (Public Law 115-234) are repealed.
[[Page 137 STAT.
90]] CHAPTER 2 <<NOTE:
Animal Generic Drug User Fee Amendments of 2023.>> -- FEES RELATING TO GENERIC ANIMAL DRUGS SEC.
(a) Short Title.--This chapter may be cited as the ``Animal Generic Drug User Fee Amendments of 2023''.
(a) <<NOTE:
(b) Finding.--Congress finds that the fees authorized by the amendments made in this chapter will be dedicated toward expediting the generic new animal drug development process and the review of abbreviated applications for generic new animal drugs, supplemental abbreviated applications for generic new animal drugs, and investigational submissions for generic new animal drugs as set forth in the goals identified for purposes of part 5 of subchapter C of chapter VII of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
21 USC 301 note.>> Short Title.--This chapter may be cited as the ``Animal Generic Drug User Fee Amendments of 2023''.
(b) <<NOTE:
21 USC 379j-21 note.>> Finding.--Congress finds that the fees authorized by the amendments made in this chapter will be dedicated toward expediting the generic new animal drug development process and the review of abbreviated applications for generic new animal drugs, supplemental abbreviated applications for generic new animal drugs, and investigational submissions for generic new animal drugs as set forth in the goals identified for purposes of part 5 of subchapter C of chapter VII of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
``(4) Generic investigational new animal drug file fee.-- ``(A) In general.-- ``(i) New file request.--Each person that submits a request to establish a generic investigational new animal drug file on or after October 1, 2023, shall be assessed a fee as established under subsection (c).
``(4) Generic investigational new animal drug file fee.-- ``(A) <<NOTE:
``(ii) New submission to established file.--Each person that makes a submission to a generic investigational new animal drug file on or after October 1, 2023, where such file was established prior to October 1, 2023, shall be assessed a fee for the first submission on or after October 1, 2023, as established under subsection (c).
Effective date.>> In general.-- ``(i) New file request.--Each person that submits a request to establish a generic investigational new animal drug file on or after October 1, 2023, shall be assessed a fee as established under subsection (c).
``(ii) New submission to established file.-- Each person that makes a submission to a generic investigational new animal drug file on or after October 1, 2023, where such file was established prior to October 1, 2023, shall be assessed a fee for the first submission on or after October 1, 2023, as established under subsection (c).
``(ii) New submission to established file.--The fee required by subparagraph (A)(ii) shall be due upon the first submission to the generic investigational new animal drug file.
``(ii) New submission to established file.-- The fee required by subparagraph (A)(ii) shall be due upon the first submission to the generic investigational new animal drug file.
``(ii) Transferring an existing generic investigational new animal drug file.--If a person makes a submission to the generic investigational new animal drug file to transfer that file to a different generic new animal drug sponsor, the person shall not be subject to a fee under subparagraph (A)(ii) for that submission.''.
``(ii) Transferring an existing generic investigational new animal drug file.--If a person makes [[Page 137 STAT.
91]] a submission to the generic investigational new animal drug file to transfer that file to a different generic new animal drug sponsor, the person shall not be subject to a fee under subparagraph (A)(ii) for that submission.''.
``(1) Annual fee setting.--The Secretary shall establish, not later than 60 days before the start of each fiscal year beginning after September 30, 2023, for that fiscal year-- ``(A) abbreviated application fees that are based on the revenue amounts established under subsection (b), the adjustments provided under this subsection, and the amount of fees anticipated to be collected under subsection (a)(4) during that fiscal year;
``(1) <<NOTE:
Deadlines.>> Annual fee setting.--The Secretary shall establish, not later than 60 days before the start of each fiscal year beginning after September 30, 2023, for that fiscal year-- ``(A) abbreviated application fees that are based on the revenue amounts established under subsection (b), the adjustments provided under this subsection, and the amount of fees anticipated to be collected under subsection (a)(4) during that fiscal year;
379j-21(c)(3)) is amended-- (A) in subparagraph (A)-- (i) in the matter preceding clause (i), by striking ``2020'' and inserting ``2025'';
379j-21(c)(3)) is amended-- (A) in subparagraph (A)-- [[Page 137 STAT.
92]] (i) in the matter preceding clause (i), by striking ``2020'' and inserting ``2025'';
379j-21) is amended to read as follows:
379j- 21) is amended to read as follows:
``(5) Recovery of collection shortfalls.--The amount of fees otherwise authorized to be collected under this section shall be increased-- ``(A) for fiscal year 2026, by the amount, if any, by which the amount collected under this section and appropriated for fiscal year 2024 falls below the amount of fees authorized for fiscal year 2024 under paragraph (3);
[[Page 137 STAT.
93]] ``(5) <<NOTE:
Time periods.>> Recovery of collection shortfalls.--The amount of fees otherwise authorized to be collected under this section shall be increased-- ``(A) for fiscal year 2026, by the amount, if any, by which the amount collected under this section and appropriated for fiscal year 2024 falls below the amount of fees authorized for fiscal year 2024 under paragraph (3);
SEC.
[[Page 137 STAT.
94]] SEC.
SAVINGS CLAUSE.
<<NOTE:
Extension.
Time period.
21 USC 379j-21 note.>> SAVINGS CLAUSE.
EFFECTIVE DATE.
<<NOTE:
Assessment.
21 USC 379j-21 note.>> EFFECTIVE DATE.
(a) Authorization.--Section 741 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
(a) <<NOTE:
21 USC 379j-21 note.>> Authorization.--Section 741 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
(b) Reporting Requirements.--Section 742 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
(b) <<NOTE:
21 USC 379j-22 note.>> Reporting Requirements.--Section of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
(c) Previous Sunset Provision.--Effective October 1, 2023, subsections (a) and (b) of section 206 of the Animal Generic Drug User Fee Amendments of 2018 (Public Law 115-234) are repealed.
(c) <<NOTE:
Subtitle B--Public Health Extenders SEC.
Repeals.
21 USC 379j-21 note.
21 USC 379j-21 note, 379j- note.>> Previous Sunset Provision.--Effective October 1, 2023, subsections (a) and (b) of section 206 of the Animal Generic Drug User Fee Amendments of 2018 (Public Law 115-234) are repealed.
Subtitle B <<NOTE:
Time periods.>> --Public Health Extenders SEC.
(c) Extension for the National Health Service Corps.--Section 10503(b)(2) of the Patient Protection and Affordable Care Act (42 U.S.C.
[[Page 137 STAT.
95]] (c) Extension for the National Health Service Corps.--Section 10503(b)(2) of the Patient Protection and Affordable Care Act (42 U.S.C.
and (2) by striking ``and section 301(d) of division BB of the Consolidated Appropriations Act, 2021.'' and inserting ``section 301(d) of division BB of the Consolidated Appropriations Act, 2021, and section 2321(d) of the Continuing Appropriations Act, 2024 and Other Extensions Act''.
and (2) by striking ``and section 301(d) of division BB of the Consolidated Appropriations Act, 2021.'' and inserting ``section 301(d) of division BB of the Consolidated Appropriations Act, 2021, and section 2321(d) of the Continuing Appropriations Act, and Other Extensions Act''.
SEC.
[[Page 137 STAT.
96]] SEC.
300hh- 10c(g)(1)) is amended by striking ``September 30, 2023'' and inserting ``November 17, 2023''.
300hh-10c(g)(1)) is amended by striking ``September 30, 2023'' and inserting ``November 17, 2023''.
DSH DELAY.
<<NOTE:
Time periods.>> DSH DELAY.
Subtitle E--Human Services SEC.
Subtitle E <<NOTE:
Time periods.>> --Human Services SEC.
710) is amended-- (1) in subsection (a)-- (A) in paragraph (1)-- (i) in the matter preceding subparagraph (A)-- (I) by inserting ``and for the period beginning on October 1, 2023, and ending on November 17, 2023'' after ``2023'';
710) is amended-- [[Page 137 STAT.
97]] (1) in subsection (a)-- (A) in paragraph (1)-- (i) in the matter preceding subparagraph (A)-- (I) by inserting ``and for the period beginning on October 1, 2023, and ending on November 17, 2023'' after ``2023'';
and (C) in paragraph (4)-- (i) by inserting ``and for the period described in paragraph (1)(A)'' after ``fiscal years 2010 through 2023'';
and (C) in paragraph (4)-- [[Page 137 STAT.
98]] (i) by inserting ``and for the period described in paragraph (1)(A)'' after ``fiscal years 2010 through 2023'';
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.
and [[Page 137 STAT.
Passed the House of Representatives September 30, 2023.
99]] (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.
Attest:
Approved September 30, 2023.
Clerk.
LEGISLATIVE HISTORY--H.R.
118th CONGRESS 1st Session H.
5860:
R.
--------------------------------------------------------------------------- CONGRESSIONAL RECORD, Vol.
5860 _______________________________________________________________________ AN ACT Making continuing appropriations for fiscal year 2024, and for other purposes.
169 (2023):
Sept.
30, considered and passed House and Senate.
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Sections of law this bill changes

41 sections in 17 laws

From the bill's own amending language, matched to the official United States Code (current through Public Law 119-124).

Homeland security organization · 6 U.S.C. ch. 1 1 section
  • § 124n Protection of certain facilities and assets from unmanned aircraft Amends

    6 U.S.C. § 124n — at 124n(i)

    The law today

    (a) Authorities (1) Authority of the Department of Homeland Security and Department of Justice Notwithstanding section 46502 of title 49 or sections 32, 1030, 1367 and chapters 119 and 206 of title 18, the Secretary and the Attorney General may, for their respective Departments, take and may authorize personnel to take such actions as are described in subsection (b)(1) that are necessary to enforce the law, protect the public, or to mitigate a credible threat that an unmanned aircraft system or unmanned aircraft poses to the safety or security of a covered facility or asset. (2) Authority of State, local, Tribal, and territorial law enforcement and correctional agencies Notwithstanding section 46502 of title 49 or sections 32, 1030, 1367 and chapters 119 and 206 of title 18, notwithstanding the laws of any particular State, local, Tribal, or territorial jurisdiction, and after completing the training detailed in subsection (d)(2), any State, local, Tribal, or territorial law enforcement or correctional agency may, subject to subsection (d)(2), take, and authorize personnel with assigned duties that include the security or protection of people, facilities, or assets, to take such actions as are described in subsection (b)(1) that are necessary to mitigate a credible threat that an unmanned aircraft system or unmanned aircraft poses to the safety or security of people, facilities, and assets, a venue or set of venues used for large-scale public gatherings or events, critical infrastructure, or correctional facilities. (b) Actions described (1) In general The actions authorized in subsection (a) are the following: (A) During the operation of the unmanned aircraft system, detect, identify, monitor, and track the unmanned aircraft system or unmanned aircraft, without prior consent, including by means of intercept or other access of a wire communication, an oral communication, or an electronic communication used to control the unmanned aircraft system or unmanned aircraft. (B) Warn the operator of the unmanned aircraft system or unmanned aircraft, including by passive or active, and direct or indirect physical, electronic, radio, electromagnetic means, and through the use of remote identification broadcast or other means. (C) Disrupt control of the unmanned aircraft system or unmanned aircraft, without prior consent, including by disabling the unmanned aircraft system or unmanned aircraft by intercepting, interfering, or causing interference with wire, oral, electronic, or radio communications used to control the unmanned aircraft system or unmanned aircraft. (D) Seize or exercise control of the unmanned aircraft system or unmanned aircraft. (E) Seize or otherwise confiscate the unmanned aircraft system or unmanned aircraft. (F) Use reasonable force, if necessary, to disable, damage, or destroy the unmanned aircraft system or unmanned aircraft. (2) Required coordination The Secretary and the Attorney General shall develop for their respective Departments the actions described in paragraph (1) in coordination with the Secretary of Transportation. (3) Research, testing, training, and evaluation The Secretary and the Attorney General shall conduct research, testing, training on, and evaluation of any equipment, including any electronic equipment, to determine its capability and utility prior to the use of any such technology for any action described in subsection (b)(1). (4) Coordination The Secretary and the Attorney General shall coordinate with the Administrator of the Federal Aviation Administration when any action authorized by this section might affect aviation safety, civilian aviation and aerospace operations, aircraft airworthiness, or the use of the airspace. (c) Forfeiture (1) Federal agencies Any unmanned aircraft system or unmanned aircraft described in subsection (a) that is seized by the Secretary or the Attorney General pursuant to subsection (a)(1) is subject to forfeiture to the United States. (2) Other agencies An...

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General provisions · 18 U.S.C. ch. 201 1 section
  • § 3014 Additional special assessment Amends

    18 U.S.C. § 3014 — at 3014(h)(4)

    The law today

    (a) In General.— Beginning on the date of enactment of the Justice for Victims of Trafficking Act of 2015, in addition to the assessment imposed under section 3013, the court shall assess an amount of $5,000 on any non-indigent person or entity convicted of an offense under— (1) chapter 77 (relating to peonage, slavery, and trafficking in persons); (2) chapter 109A (relating to sexual abuse); (3) chapter 110 (relating to sexual exploitation and other abuse of children); (4) chapter 117 (relating to transportation for illegal sexual activity and related crimes); or (5) section 274 of the Immigration and Nationality Act (8 U.S.C. 1324) (relating to human smuggling), unless the person induced, assisted, abetted, or aided only an individual who at the time of such action was the alien’s spouse, parent, son, or daughter (and no other individual) to enter the United States in violation of law. (b) Satisfaction of Other Court-Ordered Obligations.— An assessment under subsection (a) shall not be payable until the person subject to the assessment has satisfied all outstanding court-ordered fines, orders of restitution, and any other obligation related to victim-compensation arising from the criminal convictions on which the special assessment is based. (c) Establishment of Domestic Trafficking Victims’ Fund.— There is established in the Treasury of the United States a fund, to be known as the “Domestic Trafficking Victims’ Fund” (referred to in this section as the “Fund”), to be administered by the Attorney General, in consultation with the Secretary of Homeland Security and the Secretary of Health and Human Services. (d) Transfers.— In a manner consistent with section 3302(b) of title 31, there shall be transferred to the Fund from the General Fund of the Treasury an amount equal to the amount of the assessments collected under this section, which shall remain available until expended. (e) Use of Funds.— (1) In general.— From amounts in the Fund, in addition to any other amounts available, and without further appropriation, the Attorney General, in coordination with the Secretary of Health and Human Services shall, for each of fiscal years 2016 through 2027, use amounts available in the Fund to award grants or enhance victims’ programming under— (A) section 204 of the Trafficking Victims Protection Reauthorization Act of 2005 (34 U.S.C. 20705); (B) subsections (b)(2) and (f) of section 107 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7105); (C) section 214(b) of the Victims of Child Abuse Act of 1990 (34 U.S.C. 20304); 1 and (D) section 106 of the PROTECT Our Children Act of 2008 (34 U.S.C. 21116). (2) Limitation.— Except as provided in subsection (h)(2), none of the amounts in the Fund may be used to provide health care or medical items or services. (f) Collection Method.— The amount assessed under subsection (a) shall, subject to subsection (b), be collected in the manner that fines are collected in criminal cases, including the mandatory imposition of civil remedies for satisfaction of an unpaid fine as authorized under section 3613, where appropriate. (g) Duration of Obligation.— Subject to section 3613(b), the obligation to pay an assessment imposed on or after the date of enactment of the Justice for Victims of Trafficking Act of 2015 shall not cease until the assessment is paid in full. (h) Health or Medical Services.— (1) Transfer of funds.— From amounts appropriated under section 10503(b)(1) of the Patient Protection and Affordable Care Act (42 U.S.C. 254b–2(b)(1)) for fiscal year 2015 and each subsequent fiscal year (or period thereof), there shall be transferred to the Fund an amount equal to the amount transferred under subsection (d) for each fiscal year, except that the amount transferred under this paragraph shall not be less than $5,000,000 or more than $30,000,000 in each such fiscal year, and such amounts shall remain available until expended. (2) Use of funds.— The Attorney General, in coordinatio...

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Federal food, drug, and cosmetic act · 21 U.S.C. ch. 9 5 sections
  • § 379j-11 Definitions Amends

    21 U.S.C. § 379j-11

    The law today

    For purposes of this subpart: (1) (A) The term “animal drug application” means— (i) an application for approval of any new animal drug submitted under section 360b(b)(1) of this title; or (ii) an application for conditional approval of a new animal drug submitted under section 360ccc of this title. (B) Such term does not include either a new animal drug application submitted under section 360b(b)(2) of this title or a supplemental animal drug application. (2) The term “supplemental animal drug application” means— (A) a request to the Secretary to approve a change in an animal drug application which has been approved; or (B) a request to the Secretary to approve a change to an application approved under section 360b(c)(2) of this title for which data with respect to safety or effectiveness are required. (3) The term “animal drug product” means each specific strength or potency of a particular active ingredient or ingredients in final dosage form marketed by a particular manufacturer or distributor, which is uniquely identified by the labeler code and product code portions of the National Drug Code, and for which an animal drug application or a supplemental animal drug application has been approved. (4) The term “animal drug establishment” means a foreign or domestic place of business which is at one general physical location consisting of one or more buildings all of which are within 5 miles of each other, at which one or more animal drug products are manufactured in final dosage form. (5) The term “investigational animal drug submission” means— (A) the filing of a claim for an investigational exemption under section 360b(j) of this title for a new animal drug intended to be the subject of an animal drug application or a supplemental animal drug application; or (B) the submission of information for the purpose of enabling the Secretary to evaluate the safety or effectiveness of an animal drug application or supplemental animal drug application in the event of their filing. (6) The term “animal drug sponsor” means either an applicant named in an animal drug application that has not been withdrawn by the applicant and for which approval has not been withdrawn by the Secretary, or a person who has submitted an investigational animal drug submission that has not been terminated or otherwise rendered inactive by the Secretary. (7) The term “final dosage form” means, with respect to an animal drug product, a finished dosage form which is approved for administration to an animal without substantial further manufacturing. Such term includes animal drug products intended for mixing in animal feeds. (8) The term “process for the review of animal drug applications” means the following activities of the Secretary with respect to the review of animal drug applications, supplemental animal drug applications, and investigational animal drug submissions: (A) The activities necessary for the review of animal drug applications, supplemental animal drug applications, and investigational animal drug submissions. (B) The issuance of action letters which approve animal drug applications or supplemental animal drug applications or which set forth in detail the specific deficiencies in animal drug applications, supplemental animal drug applications, or investigational animal drug submissions and, where appropriate, the actions necessary to place such applications, supplements or submissions in condition for approval. (C) The inspection of animal drug establishments and other facilities undertaken as part of the Secretary’s review of pending animal drug applications, supplemental animal drug applications, and investigational animal drug submissions. (D) Monitoring of research conducted in connection with the review of animal drug applications, supplemental animal drug applications, and investigational animal drug submissions. (E) The development of regulations and policy related to the review of animal drug applications, supplemental animal drug app...

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  • § 379j-12 Authority to assess and use animal drug fees Amends

    21 U.S.C. § 379j-12 — at 379j-12(b)(1), 379j-12(c)(1), 379j-12(c)(2), 379j-12(c)(3), 379j-12(c)(4), 379j-12(d)(4), and 379j-12(g)

    The law today

    (a) Types of fees Beginning in fiscal year 2004, the Secretary shall assess and collect fees in accordance with this section as follows: (1) Animal drug application and supplement fee (A) In general Each person that submits, on or after September 1, 2003, an animal drug application or a supplemental animal drug application shall be subject to a fee as follows: (i) A fee established in subsection (c) for an animal drug application, except an animal drug application subject to the criteria set forth in section 360b(d)(4) of this title. (ii) A fee established in subsection (c), in an amount that is equal to 50 percent of the amount of the fee under clause (i), for— (I) a supplemental animal drug application for which safety or effectiveness data are required; (II) an animal drug application subject to the criteria set forth in section 360b(d)(4) of this title; and (III) an application for conditional approval under section 360ccc of this title of a new animal drug for which an animal drug application submitted under section 360b(b)(1) of this title has been previously approved under section 360b(d)(1) of this title for another intended use. (B) Payment The fee required by subparagraph (A) shall be due upon submission of the animal drug application or supplemental animal drug application. (C) Exceptions for previously filed application or supplement (i) If an animal drug application or a supplemental animal drug application was submitted by a person that paid the fee for such application or supplement, was accepted for filing, and was not approved or was withdrawn (without a waiver or refund), the submission of an animal drug application or a supplemental animal drug application for the same product by the same person (or the person’s licensee, assignee, or successor) shall not be subject to a fee under subparagraph (A). (ii) Beginning with fiscal year 2019, in the case of an animal drug application submitted by a person under section 360b(b)(1) of this title, where such person (or their licensor, assignor, or predecessor-in-interest) previously submitted an application for conditional approval under section 360ccc of this title for the same product and paid the applicable fee under subparagraph (A), the application under section 360b(b)(1) of this title shall not be subject to a fee under subparagraph (A) if submitted within the timeframe specified in section 360ccc(h) of this title. (D) Refund of fee if application refused for filing The Secretary shall refund 75 percent of the fee paid under subparagraph (B) for any animal drug application or supplemental animal drug application which is refused for filing. (E) Refund of fee if application withdrawn If an animal drug application or a supplemental animal drug application is withdrawn after the application or supplement was filed, the Secretary may refund the fee or portion of the fee paid under subparagraph (B) if no substantial work was performed on the application or supplement after the application or supplement was filed. The Secretary shall have the sole discretion to refund the fee under this paragraph. A determination by the Secretary concerning a refund under this paragraph shall not be reviewable. (2) Animal drug product fee (A) In general Each person— (i) who is named as the applicant in an animal drug application or supplemental animal drug application for an animal drug product which has been submitted for listing under section 360 of this title; and (ii) who, after September 1, 2003, had pending before the Secretary an animal drug application or supplemental animal drug application, shall pay for each such animal drug product the annual fee established in subsection (c). (B) Payment; fee due date Such fee shall be payable for the fiscal year in which the animal drug product is first submitted for listing under section 360 of this title, or is submitted for relisting under section 360 of this title if the animal drug product has been withdrawn from listing and rel...

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  • § 379j-13 Reauthorization; reporting requirements Amends

    21 U.S.C. § 379j-13

    The law today

    (a) Performance report Beginning with fiscal year 2024, not later than 120 days after the end of each fiscal year during which fees are collected under this subpart, the Secretary shall prepare and submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report concerning the progress of the Food and Drug Administration in achieving the goals identified in the letters described in section 101(b) 1 of the Animal Drug User Fee Amendments of 2023 toward expediting the animal drug development process and the review of the new and supplemental animal drug applications and investigational animal drug submissions during such fiscal year, the future plans of the Food and Drug Administration for meeting the goals, the review times for abbreviated new animal drug applications, and the administrative procedures adopted by the Food and Drug Administration to ensure that review times for abbreviated new animal drug applications are not increased from their current level due to activities under the user fee program. (b) Fiscal report Beginning with fiscal year 2024, not later than 120 days after the end of each fiscal year during which fees are collected under this subpart, the Secretary shall prepare and submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report on the implementation of the authority for such fees during such fiscal year and the use, by the Food and Drug Administration, of the fees collected during such fiscal year for which the report is made. (c) Public availability The Secretary shall make the reports required under subsections (a) and (b) available to the public on the Internet Web site of the Food and Drug Administration. (d) Reauthorization (1) Consultation In developing recommendations to present to the Congress with respect to the goals, and plans for meeting the goals, for the process for the review of animal drug applications for the first 5 fiscal years after fiscal year 2028, and for the reauthorization of this subpart for such fiscal years, the Secretary shall consult with— (A) the Committee on Health, Education, Labor, and Pensions of the Senate; (B) the Committee on Energy and Commerce of the House of Representatives; (C) scientific and academic experts; (D) veterinary professionals; (E) representatives of patient and consumer advocacy groups; and (F) the regulated industry. (2) Prior public input Prior to beginning negotiations with the regulated industry on the reauthorization of this subpart, the Secretary shall— (A) publish a notice in the Federal Register requesting public input on the reauthorization; (B) hold a public meeting at which the public may present its views on the reauthorization, including specific suggestions for changes to the goals referred to in subsection (a); (C) provide a period of 30 days after the public meeting to obtain written comments from the public suggesting changes to this subpart; and (D) publish the comments on the Food and Drug Administration’s Internet Web site. (3) Periodic consultation Not less frequently than once every 4 months during negotiations with the regulated industry, the Secretary shall hold discussions with representatives of veterinary, patient, and consumer advocacy groups to continue discussions of their views on the reauthorization and their suggestions for changes to this subpart as expressed under paragraph (2). (4) Public review of recommendations After negotiations with the regulated industry, the Secretary shall— (A) present the recommendations developed under paragraph (1) to the Congressional committees specified in such paragraph; (B) publish such recommendations in the Federal Register; (C) provide for a period of 30 days for the public to provide written comments on such recommendations; (D) hold a meeting at which the public may present its ...

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  • § 379j-21 Authority to assess and use generic new animal drug fees Amends

    21 U.S.C. § 379j-21 — at 379j-21(c)(1), 379j-21(c)(2), 379j-21(c)(3), 379j-21(c)(4), 379j-21(e), 379j-21(g), and 379j-21(k)

    The law today

    (a) Types of fees Beginning with respect to fiscal year 2009, the Secretary shall assess and collect fees in accordance with this section as follows: (1) Abbreviated application fee (A) In general Each person that submits, on or after July 1, 2008, an abbreviated application for a generic new animal drug shall be subject to a fee as established in subsection (c) for such an application. (B) Payment The fee required by subparagraph (A) shall be due upon submission of the abbreviated application. (C) Exceptions (i) Previously filed application If an abbreviated application was submitted by a person that paid the fee for such application, was accepted for filing, and was not approved or was withdrawn (without a waiver or refund), the submission of an abbreviated application for the same product by the same person (or the person’s licensee, assignee, or successor) shall not be subject to a fee under subparagraph (A). (ii) Certain abbreviated applications involving combination animal drugs An abbreviated application which is subject to the criteria in section 360b(d)(4) of this title and submitted on or after October 1, 2013 shall be subject to a fee equal to 50 percent of the amount of the abbreviated application fee established in subsection (c). (D) Refund of fee if application refused for filing The Secretary shall refund 75 percent of the fee paid under subparagraph (B) for any abbreviated application which is refused for filing. (E) Refund of fee if application withdrawn If an abbreviated application is withdrawn after the application was filed, the Secretary may refund the fee or portion of the fee paid under subparagraph (B) if no substantial work was performed on the application after the application was filed. The Secretary shall have the sole discretion to refund the fee under this subparagraph. A determination by the Secretary concerning a refund under this subparagraph shall not be reviewable. (2) Generic new animal drug product fee (A) In general Each person— (i) who is named as the applicant in an abbreviated application or supplemental abbreviated application for a generic new animal drug product which has been submitted for listing under section 360 of this title; and (ii) who, after September 1, 2008, had pending before the Secretary an abbreviated application or supplemental abbreviated application, shall pay for each such generic new animal drug product the annual fee established in subsection (c). (B) Payment; fee due date Such fee shall be payable for the fiscal year in which the generic new animal drug product is first submitted for listing under section 360 of this title, or is submitted for relisting under section 360 of this title if the generic new animal drug product has been withdrawn from listing and relisted. After such fee is paid for that fiscal year, such fee shall be due each subsequent fiscal year that the product remains listed, upon the later of— (i) the first business day after the date of enactment of an appropriations Act providing for the collection and obligation of fees for such fiscal year under this section; or (ii) January 31 of each year. (C) Limitation Such fee shall be paid only once for each generic new animal drug product for a fiscal year in which the fee is payable. (3) Generic new animal drug sponsor fee (A) In general Each person— (i) who meets the definition of a generic new animal drug sponsor within a fiscal year; and (ii) who, after September 1, 2008, had pending before the Secretary an abbreviated application, a supplemental abbreviated application, or an investigational submission, shall be assessed an annual generic new animal drug sponsor fee as established under subsection (c). (B) Payment; fee due date Such fee shall be due each fiscal year upon the later of— (i) the first business day after the date of enactment of an appropriations Act providing for the collection and obligation of fees for such fiscal year under this section; or (ii) January 31 of each year. (C...

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  • § 379j-22 Reauthorization; reporting requirements Amends

    21 U.S.C. § 379j-22

    The law today

    (a) Performance reports Beginning with fiscal year 2024, not later than 120 days after the end of each fiscal year during which fees are collected under this subpart, the Secretary shall prepare and submit to the Committee on Health, Education, Labor, and Pensions of the Senate, and the Committee on Energy and Commerce of the House of Representatives a report concerning the progress of the Food and Drug Administration in achieving the goals identified in the letters described in section 201(b) 1 of the Animal Generic Drug User Fee Amendments of 2023 toward expediting the generic new animal drug development process and the review of abbreviated applications for generic new animal drugs, supplemental abbreviated applications for generic new animal drugs, and investigational submissions for generic new animal drugs during such fiscal year. (b) Fiscal report Beginning with fiscal year 2024, not later than 120 days after the end of each fiscal year during which fees are collected under this subpart, the Secretary shall prepare and submit to the Committee on Health, Education, Labor and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report on the implementation of the authority for such fees during such fiscal year and the use, by the Food and Drug Administration, of the fees collected during such fiscal year for which the report is made. (c) Public availability The Secretary shall make the reports required under subsections (a) and (b) available to the public on the Internet Web site of the Food and Drug Administration. (d) Reauthorization (1) Consultation In developing recommendations to present to Congress with respect to the goals, and plans for meeting the goals, for the process for the review of abbreviated applications for generic new animal drugs for the first 5 fiscal years after fiscal year 2028, and for the reauthorization of this subpart for such fiscal years, the Secretary shall consult with— (A) the Committee on Energy and Commerce of the House of Representatives; (B) the Committee on Health, Education, Labor, and Pensions of the Senate; (C) scientific and academic experts; (D) veterinary professionals; (E) representatives of patient and consumer advocacy groups; and (F) the regulated industry. (2) Prior public input Prior to beginning negotiations with the regulated industry on the reauthorization of this subpart, the Secretary shall— (A) publish a notice in the Federal Register requesting public input on the reauthorization; (B) hold a public meeting at which the public may present its views on the reauthorization, including specific suggestions for changes to the goals referred to in subsection (a); (C) provide a period of 30 days after the public meeting to obtain written comments from the public suggesting changes to this subpart; and (D) publish the comments on the Food and Drug Administration’s Internet Web site. (3) Periodic consultation Not less frequently than once every 4 months during negotiations with the regulated industry, the Secretary shall hold discussions with representatives of veterinary, patient, and consumer advocacy groups to continue discussions of their views on the reauthorization and their suggestions for changes to this subpart as expressed under paragraph (2). (4) Public review of recommendations After negotiations with the regulated industry, the Secretary shall— (A) present the recommendations developed under paragraph (1) to the congressional committees specified in such paragraph; (B) publish such recommendations in the Federal Register; (C) provide for a period of 30 days for the public to provide written comments on such recommendations; (D) hold a meeting at which the public may present its views on such recommendations; and (E) after consideration of such public views and comments, revise such recommendations as necessary. (5) Transmittal of recommendations Not later than January 15, 2028, the Secretary shall transmit to Congres...

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Indian self-determination and education assistance · 25 U.S.C. ch. 46 1 section
  • § 5373 Regulations Amends

    25 U.S.C. § 5373 — at 5373(a)

    The law today

    (a) In general (1) Promulgation Not later than 90 days after October 21, 2020, the Secretary shall initiate procedures under subchapter III of chapter 5 of title 5 to negotiate and promulgate such regulations as are necessary to carry out this subchapter. (2) Publication of proposed regulations Proposed regulations to implement this subchapter shall be published in the Federal Register not later than 38 months after October 21, 2020. (3) Expiration of authority The authority to promulgate regulations under paragraph (1) shall expire on the date that is 50 months after October 21, 2020. (b) Committee (1) Membership A negotiated rulemaking committee established pursuant to section 565 of title 5 to carry out this section shall have as its members only representatives of the Federal Government and Tribal government. (2) Lead agency Among the Federal representatives described in paragraph (1), the Office of Self-Governance shall be the lead agency for the Department. (c) Adaptation of procedures The Secretary shall adapt the negotiated rulemaking procedures to the unique context of self-governance and the government-to-government relationship between the United States and Indian Tribes. (d) Effect (1) Repeal The Secretary may repeal any regulation that is inconsistent with this chapter. (2) Conflicting provisions Subject to section 101(a) of the PROGRESS for Indian Tribes Act and except with respect to programs described under section 5363(c) of this title, this subchapter shall supersede any conflicting provision of law (including any conflicting regulations). (3) Effectiveness without regard to regulations The lack of promulgated regulations on an issue shall not limit the effect or implementation of this subchapter.

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Retail excise taxes · 26 U.S.C. ch. 31 1 section
  • § 4043 Surtax on fuel used in aircraft part of a fractional ownership program Amends

    26 U.S.C. § 4043 — at 4043(d)

    The law today

    (a) In general There is hereby imposed a tax on any liquid used (during any calendar quarter by any person) in a fractional program aircraft as fuel— (1) for the transportation of a qualified fractional owner with respect to the fractional ownership aircraft program of which such aircraft is a part, or (2) with respect to the use of such aircraft on account of such a qualified fractional owner, including use in deadhead service. (b) Amount of tax The rate of tax imposed by subsection (a) is 14.1 cents per gallon. (c) Definitions and special rules For purposes of this section— (1) Fractional program aircraft The term “fractional program aircraft” means, with respect to any fractional ownership aircraft program, any aircraft which— (A) is listed as a fractional program aircraft in the management specifications issued to the manager of such program by the Federal Aviation Administration under subpart K of part 91 of title 14, Code of Federal Regulations, and (B) is registered in the United States. (2) Fractional ownership aircraft program The term “fractional ownership aircraft program” means a program under which— (A) a single fractional ownership program manager provides fractional ownership program management services on behalf of the fractional owners, (B) there are 1 or more fractional owners per fractional program aircraft, with at least 1 fractional program aircraft having more than 1 owner, (C) with respect to at least 2 fractional program aircraft, none of the ownership interests in such aircraft are— (i) less than the minimum fractional ownership interest, or (ii) held by the program manager referred to in subparagraph (A), (D) there exists a dry-lease aircraft exchange arrangement among all of the fractional owners, and (E) there are multi-year program agreements covering the fractional ownership, fractional ownership program management services, and dry-lease aircraft exchange aspects of the program. (3) Definitions related to fractional ownership interests (A) Qualified fractional owner The term “qualified fractional owner” means any fractional owner which has a minimum fractional ownership interest in at least one fractional program aircraft. (B) Minimum fractional ownership interest The term “minimum fractional ownership interest” means, with respect to each type of aircraft— (i) a fractional ownership interest equal to or greater than 1/16 of at least 1 subsonic, fixed wing, or powered lift aircraft, or (ii) a fractional ownership interest equal to or greater than 1/32 of at least 1 rotorcraft aircraft. (C) Fractional ownership interest The term “fractional ownership interest” means— (i) the ownership of an interest in a fractional program aircraft, (ii) the holding of a multi-year leasehold interest in a fractional program aircraft, or (iii) the holding of a multi-year leasehold interest which is convertible into an ownership interest in a fractional program aircraft. (D) Fractional owner The term “fractional owner” means any person owning any interest (including the entire interest) in a fractional program aircraft. (4) Dry-lease aircraft exchange The term “dry-lease aircraft exchange” means an agreement, documented by the written program agreements, under which the fractional program aircraft are available, on an as needed basis without crew, to each fractional owner. (5) Special rule relating to use of fractional program aircraft for flight demonstration, maintenance, or training For purposes of subsection (a), a fractional program aircraft shall not be considered to be used for the transportation of a qualified fractional owner, or on account of such qualified fractional owner, when it is used for flight demonstration, maintenance, or crew training. (6) Special rule relating to deadhead service A fractional program aircraft shall not be considered to be used on account of a qualified fractional owner when it is used in deadhead service and a person other than a qualified fractional owner is separately char...

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Manufacturers excise taxes · 26 U.S.C. ch. 32 2 sections
  • § 4081 Imposition of tax Amends

    26 U.S.C. § 4081 — at 4081(d)(2)(B)

    The law today

    (a) Tax imposed (1) Tax on removal, entry, or sale (A) In general There is hereby imposed a tax at the rate specified in paragraph (2) on— (i) the removal of a taxable fuel from any refinery, (ii) the removal of a taxable fuel from any terminal, (iii) the entry into the United States of any taxable fuel for consumption, use, or warehousing, and (iv) the sale of a taxable fuel to any person who is not registered under section 4101 unless there was a prior taxable removal or entry of such fuel under clause (i), (ii), or (iii). (B) Exemption for bulk transfers to registered terminals or refineries (i) In general The tax imposed by this paragraph shall not apply to any removal or entry of a taxable fuel transferred in bulk by pipeline or vessel to a terminal or refinery if the person removing or entering the taxable fuel, the operator of such pipeline or vessel (except as provided in clause (ii)), and the operator of such terminal or refinery are registered under section 4101. (ii) Nonapplication of registration to vessel operators entering by deep-draft vessel For purposes of clause (i), a vessel operator is not required to be registered with respect to the entry of a taxable fuel transferred in bulk by a vessel described in section 4042(c)(1). (2) Rates of tax (A) In general The rate of the tax imposed by this section is— (i) in the case of gasoline other than aviation gasoline, 18.3 cents per gallon, (ii) in the case of aviation gasoline, 19.3 cents per gallon, and (iii) in the case of diesel fuel or kerosene, 24.3 cents per gallon. (B) Leaking Underground Storage Tank Trust Fund tax The rates of tax specified in subparagraph (A) shall each be increased by 0.1 cent per gallon. The increase in tax under this subparagraph shall in this title be referred to as the Leaking Underground Storage Tank Trust Fund financing rate. (C) Taxes imposed on fuel used in aviation In the case of kerosene which is removed from any refinery or terminal directly into the fuel tank of an aircraft for use in aviation, the rate of tax under subparagraph (A)(iii) shall be— (i) in the case of use for commercial aviation by a person registered for such use under section 4101, 4.3 cents per gallon, and (ii) in the case of use for aviation not described in clause (i), 21.8 cents per gallon. (D) Diesel-water fuel emulsion In the case of diesel-water fuel emulsion at least 14 percent of which is water and with respect to which the emulsion additive is registered by a United States manufacturer with the Environmental Protection Agency pursuant to section 211 of the Clean Air Act (as in effect on March 31, 2003), subparagraph (A)(iii) shall be applied by substituting “19.7 cents” for “24.3 cents”. The preceding sentence shall not apply to the removal, sale, or use of diesel-water fuel emulsion unless the person so removing, selling, or using such fuel is registered under section 4101. (3) Certain refueler trucks, tankers, and tank wagons treated as terminal (A) In general For purposes of paragraph (2)(C), a refueler truck, tanker, or tank wagon shall be treated as part of a terminal if— (i) such terminal is located within an airport, (ii) any kerosene which is loaded in such truck, tanker, or wagon at such terminal is for delivery only into aircraft at the airport in which such terminal is located, (iii) such truck, tanker, or wagon meets the requirements of subparagraph (B) with respect to such terminal, and (iv) except in the case of exigent circumstances identified by the Secretary in regulations, no vehicle registered for highway use is loaded with kerosene at such terminal. (B) Requirements A refueler truck, tanker, or tank wagon meets the requirements of this subparagraph with respect to a terminal if such truck, tanker, or wagon— (i) has storage tanks, hose, and coupling equipment designed and used for the purposes of fueling aircraft, (ii) is not registered for highway use, and (iii) is operated by— (I) the terminal operator of such terminal, or (II)...

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  • § 4083 Definitions; special rule; administrative authority Amends

    26 U.S.C. § 4083 — at 4083(b)

    The law today

    (a) Taxable fuel For purposes of this subpart— (1) In general The term “taxable fuel” means— (A) gasoline, (B) diesel fuel, and (C) kerosene. (2) Gasoline The term “gasoline”— (A) includes any gasoline blend, other than qualified methanol or ethanol fuel (as defined in section 4041(b)(2)(B)), partially exempt methanol or ethanol fuel (as defined in section 4041(m)(2)), or a denatured alcohol, and (B) includes, to the extent prescribed in regulations— (i) any gasoline blend stock, and (ii) any product commonly used as an additive in gasoline (other than alcohol). For purposes of subparagraph (B)(i), the term “gasoline blend stock” means any petroleum product component of gasoline. (3) Diesel fuel (A) In general The term “diesel fuel” means— (i) any liquid (other than gasoline) which is suitable for use as a fuel in a diesel-powered highway vehicle, or a diesel-powered train, (ii) transmix, and (iii) diesel fuel blend stocks identified by the Secretary. (B) Transmix For purposes of subparagraph (A), the term “transmix” means a byproduct of refined products pipeline operations created by the mixing of different specification products during pipeline transportation. (b) Commercial aviation For purposes of this subpart, the term “commercial aviation” means any use of an aircraft in a business of transporting persons or property for compensation or hire by air, unless properly allocable to any transportation exempt from the taxes imposed by sections 4261 and 4271 by reason of section 4281 or 4282 or by reason of subsection (h) or (i) of section 4261. Such term shall not include the use of any aircraft before October 1, 2028, if tax is imposed under section 4043 with respect to the fuel consumed in such use or if no tax is imposed on such use under section 4043 by reason of subsection (c)(5) thereof. (c) Certain uses defined as removal If any person uses taxable fuel (other than in the production of taxable fuels or special fuels referred to in section 4041), such use shall for the purposes of this chapter be considered a removal. (d) Administrative authority (1) In general In addition to the authority otherwise granted by this title, the Secretary may in administering compliance with this subpart, section 4041, and penalties and other administrative provisions related thereto— (A) enter any place at which taxable fuel is produced or is stored (or may be stored) for purposes of— (i) examining the equipment used to determine the amount or composition of such fuel and the equipment used to store such fuel, (ii) taking and removing samples of such fuel, and (iii) inspecting any books and records and any shipping papers pertaining to such fuel, and (B) detain, for the purposes referred in subparagraph (A), any container which contains or may contain any taxable fuel. (2) Inspection sites The Secretary may establish inspection sites for purposes of carrying out the Secretary’s authority under paragraph (1)(B). (3) Penalty for refusal of entry (A) Forfeiture The penalty provided by section 7342 shall apply to any refusal to admit entry or other refusal to permit an action by the Secretary authorized by paragraph (1), except that section 7342 shall be applied by substituting “$1,000” for “$500” for each such refusal. (B) Assessable penalty For additional assessable penalty for the refusal to admit entry or other refusal to permit an action by the Secretary authorized by paragraph (1), see section 6717.

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Facilities and services · 26 U.S.C. ch. 33 2 sections
  • § 4261 Imposition of tax Amends

    26 U.S.C. § 4261 — at 4261(k)(1)(A)(ii) and 4261(j)

    The law today

    (a) In general There is hereby imposed on the amount paid for taxable transportation of any person a tax equal to 7.5 percent of the amount so paid. (b) Domestic segments of taxable transportation (1) In general There is hereby imposed on the amount paid for each domestic segment of taxable transportation by air a tax in the amount of $3.00. (2) Domestic segment For purposes of this section, the term “domestic segment” means any segment consisting of 1 takeoff and 1 landing and which is taxable transportation described in section 4262(a)(1). (3) Changes in segments by reason of rerouting If— (A) transportation is purchased between 2 locations on specified flights, and (B) there is a change in the route taken between such 2 locations which changes the number of domestic segments, but there is no change in the amount charged for such transportation, the tax imposed by paragraph (1) shall be determined without regard to such change in route. (c) Use of international travel facilities (1) In general There is hereby imposed a tax of $12.00 on any amount paid (whether within or without the United States) for any transportation of any person by air, if such transportation begins or ends in the United States. (2) Exception for transportation entirely taxable under subsection (a) This subsection shall not apply to any transportation all of which is taxable under subsection (a) (determined without regard to sections 4281 and 4282). (3) Special rule for Alaska and Hawaii In any case in which the tax imposed by paragraph (1) applies to a domestic segment beginning or ending in Alaska or Hawaii, such tax shall apply only to departures and shall be at the rate of $6. (d) By whom paid Except as provided in section 4263(a), the taxes imposed by this section shall be paid by the person making the payment subject to the tax. (e) Special rules (1) Segments to and from rural airports (A) Exception from segment tax The tax imposed by subsection (b)(1) shall not apply to any domestic segment beginning or ending at an airport which is a rural airport for the calendar year in which such segment begins or ends (as the case may be). (B) Rural airport For purposes of this paragraph, the term “rural airport” means, with respect to any calendar year, any airport if— (i) there were fewer than 100,000 commercial passengers departing by air (in the case of any airport described in clause (ii)(III), on flight segments of at least 100 miles) during the second preceding calendar year from such airport, and (ii) such airport— (I) is not located within 75 miles of another airport which is not described in clause (i), (II) is receiving essential air service subsidies as of the date of the enactment of this paragraph, or (III) is not connected by paved roads to another airport. (2) Amounts paid outside the United States In the case of amounts paid outside the United States for taxable transportation, the taxes imposed by subsections (a) and (b) shall apply only if such transportation begins and ends in the United States. (3) Amounts paid for right to award free or reduced rate air transportation (A) In general Any amount paid (and the value of any other benefit provided) to an air carrier (or any related person) for the right to provide mileage awards for (or other reductions in the cost of) any transportation of persons by air shall be treated for purposes of subsection (a) as an amount paid for taxable transportation, and such amount shall be taxable under subsection (a) without regard to any other provision of this subchapter. (B) Controlled group For purposes of subparagraph (A), a corporation and all wholly owned subsidiaries of such corporation shall be treated as 1 corporation. (C) Regulations The Secretary shall prescribe rules which reallocate items of income, deduction, credit, exclusion, or other allowance to the extent necessary to prevent the avoidance of tax imposed by reason of this paragraph. The Secretary may prescribe rules which exclude from t...

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  • § 4271 Imposition of tax Amends

    26 U.S.C. § 4271 — at 4271(d)(1)(A)(ii)

    The law today

    (a) In general There is hereby imposed upon the amount paid within or without the United States for the taxable transportation (as defined in section 4272) of property a tax equal to 6.25 percent of the amount so paid for such transportation. The tax imposed by this subsection shall apply only to amounts paid to a person engaged in the business of transporting property by air for hire. (b) By whom paid (1) In general Except as provided by paragraph (2), the tax imposed by subsection (a) shall be paid by the person making the payment subject to tax. (2) Payments made outside the United States If a payment subject to tax under subsection (a) is made outside the United States and the person making such payment does not pay such tax, such tax— (A) shall be paid by the person to whom the property is delivered in the United States by the person furnishing the last segment of the taxable transportation in respect of which such tax is imposed, and (B) shall be collected by the person furnishing the last segment of such taxable transportation. (c) Determination of amounts paid in certain cases For purposes of this section, in any case in which a person engaged in the business of transporting property by air for hire and one or more other persons not so engaged jointly provide services which include taxable transportation of property, and the person so engaged receives, for the furnishing of such taxable transportation, a portion of the receipts from the joint providing of such services, the amount paid for the taxable transportation shall be treated as being the sum of (1) the portion of the receipts so received, and (2) any expenses incurred by any of the persons not so engaged which are properly attributable to such taxable transportation and which are taken into account in determining the portion of the receipts so received. (d) Application of tax (1) In general The tax imposed by subsection (a) shall apply to— (A) transportation beginning during the period— (i) beginning on the 7th day after the date of the enactment of the Airport and Airway Trust Fund Tax Reinstatement Act of 1997, and (ii) ending on September 30, 2028, and (B) amounts paid during such period for transportation beginning after such period. (2) Refunds If, as of the date any transportation begins, the taxes imposed by this section would not have applied to such transportation if paid for on such date, any tax paid under paragraph (1)(B) with respect to such transportation shall be treated as an overpayment.

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Trust fund code · 26 U.S.C. ch. 98 1 section
  • § 9502 Airport and Airway Trust Fund Amends

    26 U.S.C. § 9502 — at 9502(e)(2)

    The law today

    (a) Creation of Trust Fund There is established in the Treasury of the United States a trust fund to be known as the “Airport and Airway Trust Fund”, consisting of such amounts as may be appropriated, credited, or paid into the Airport and Airway Trust Fund as provided in this section, section 9503(c)(5), or section 9602(b). (b) Transfers to Airport and Airway Trust Fund There are hereby appropriated to the Airport and Airway Trust Fund amounts equivalent to— (1) the taxes received in the Treasury under— (A) section 4041(c) (relating to aviation fuels), (B) section 4043 (relating to surtax on fuel used in aircraft part of a fractional ownership program), (C) sections 4261 and 4271 (relating to transportation by air), and (D) section 4081 with respect to aviation gasoline and kerosene to the extent attributable to the rate specified in section 4081(a)(2)(C), and (2) the amounts determined by the Secretary of the Treasury to be equivalent to the amounts of civil penalties collected under section 47107(m) of title 49, United States Code. There shall not be taken into account under paragraph (1) so much of the taxes imposed by section 4081 as are determined at the rate specified in section 4081(a)(2)(B). (c) Appropriation of additional sums There are hereby authorized to be appropriated to the Airport and Airway Trust Fund such additional sums as may be required to make the expenditures referred to in subsection (d) of this section. (d) Expenditures from Airport and Airway Trust Fund (1) Airport and airway program Amounts in the Airport and Airway Trust Fund shall be available, as provided by appropriation Acts, for making expenditures before October 1, 2028, to meet those obligations of the United States— (A) incurred under title I of the Airport and Airway Development Act of 1970 or of the Airport and Airway Development Act Amendments of 1976 or of the Aviation Safety and Noise Abatement Act of 1979 or under the Fiscal Year 1981 Airport Development Authorization Act or the provisions of the Airport and Airway Improvement Act of 1982 or the Airport and Airway Safety and Capacity Expansion Act of 1987 or the Federal Aviation Administration Research, Engineering, and Development Authorization Act of 1990 or the Aviation Safety and Capacity Expansion Act of 1990 or the Airport and Airway Safety, Capacity, Noise Improvement, and Intermodal Transportation Act of 1992 or the Airport Improvement Program Temporary Extension Act of 1994 or the Federal Aviation Administration Authorization Act of 1994 or the Federal Aviation Reauthorization Act of 1996 or the provisions of the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999 providing for payments from the Airport and Airway Trust Fund or the Interim Federal Aviation Administration Authorization Act or section 6002 of the 1999 Emergency Supplemental Appropriations Act, Public Law 106–59, or the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century or the Aviation and Transportation Security Act or the Vision 100—Century of Aviation Reauthorization Act or any joint resolution making continuing appropriations for the fiscal year 2008 or the Department of Transportation Appropriations Act, 2008 or the Airport and Airway Extension Act of 2008 or the Federal Aviation Administration Extension Act of 2008 or the Federal Aviation Administration Extension Act of 2008, Part II or the Federal Aviation Administration Extension Act of 2009 or any joint resolution making continuing appropriations for the fiscal year 2010 or the Fiscal Year 2010 Federal Aviation Administration Extension Act or the Fiscal Year 2010 Federal Aviation Administration Extension Act, Part II or the Federal Aviation Administration Extension Act of 2010 or the Airport and Airway Extension Act of 2010 or the Airport and Airway Extension Act of 2010, Part II or the Airline Safety and Federal Aviation Administration Extension Act of 2010 or the Airport and Airway Extension Act of 2010, Pa...

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Public health service · 42 U.S.C. ch. 6A 7 sections
  • § 247d Public health emergencies Amends

    42 U.S.C. § 247d — at 247d(e)(8)

    The law today

    (a) Emergencies If the Secretary determines, after consultation with such public health officials as may be necessary, that— (1) a disease or disorder presents a public health emergency; or (2) a public health emergency, including significant outbreaks of infectious diseases or bioterrorist attacks, otherwise exists, the Secretary may take such action as may be appropriate to respond to the public health emergency, including making grants, providing awards for expenses, and entering into contracts and conducting and supporting investigations into the cause, treatment, or prevention of a disease or disorder as described in paragraphs (1) and (2). Any such determination of a public health emergency terminates upon the Secretary declaring that the emergency no longer exists, or upon the expiration of the 90-day period beginning on the date on which the determination is made by the Secretary, whichever occurs first. Determinations that terminate under the preceding sentence may be renewed by the Secretary (on the basis of the same or additional facts), and the preceding sentence applies to each such renewal. Not later than 48 hours after making a determination under this subsection of a public health emergency (including a renewal), the Secretary shall submit to the Congress written notification of the determination. (b) Public Health Emergency Fund (1) In general There is established in the Treasury a fund to be designated as the “Public Health Emergency Fund” to be made available to the Secretary without fiscal year limitation to carry out subsection (a) only if a public health emergency has been declared by the Secretary under such subsection or if the Secretary determines there is the significant potential for a public health emergency, to allow the Secretary to rapidly respond to the immediate needs resulting from such public health emergency or potential public health emergency. The Secretary shall plan for the expedited distribution of funds to appropriate agencies and entities. There is authorized to be appropriated to the Fund such sums as may be necessary. (2) Uses The Secretary may use amounts in the Fund established under paragraph (1), to— (A) facilitate coordination between and among Federal, State, local, Tribal, and territorial entities and public and private health care entities that the Secretary determines may be affected by a public health emergency or potential public health emergency referred to in paragraph (1) (including communication of such entities with relevant international entities, as applicable); (B) make grants, provide for awards, enter into contracts, and conduct supportive investigations pertaining to a public health emergency or potential public health emergency, including further supporting programs under section 247d–3a, 247d–3b, or 247d–3c of this title; (C) facilitate and accelerate, as applicable, advanced research and development of security countermeasures (as defined in section 247d–6b of this title), qualified countermeasures (as defined in section 247d–6a of this title), or qualified pandemic or epidemic products (as defined in section 247d–6d of this title), that are applicable to the public health emergency or potential public health emergency under paragraph (1); (D) strengthen biosurveillance capabilities and laboratory capacity to identify, collect, and analyze information regarding such public health emergency or potential public health emergency, including the systems under section 247d–4 of this title; (E) support initial emergency operations and assets related to preparation and deployment of intermittent disaster response personnel under section 300hh–11 of this title and the Medical Reserve Corps under section 300hh–15 of this title; (F) support the initial deployment and distribution of contents of the Strategic National Stockpile, as appropriate; and (G) carry out other activities, as the Secretary determines applicable and appropriate. (3) Report Not later than 90 day...

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  • § 254b-2 Community health centers and the National Health Service Corps Fund Amends

    42 U.S.C. § 254b-2 — at 254b-2(b)(2)

    The law today

    (a) Purpose It is the purpose of this section to establish a Community Health Center Fund (referred to in this section as the “CHC Fund”), to be administered through the Office of the Secretary of the Department of Health and Human Services to provide for expanded and sustained national investment in community health centers under section 254b of this title and the National Health Service Corps. (b) Funding There is authorized to be appropriated, and there is appropriated, out of any monies in the Treasury not otherwise appropriated, to the CHC Fund— (1) to be transferred to the Secretary of Health and Human Services to provide enhanced funding for the community health center program under section 254b of this title— (A) $1,000,000,000 for fiscal year 2011; (B) $1,200,000,000 for fiscal year 2012; (C) $1,500,000,000 for fiscal year 2013; (D) $2,200,000,000 for fiscal year 2014; (E) $3,600,000,000 for each of fiscal years 2015 through 2017; (F) $3,800,000,000 for fiscal year 2018; (G) $4,000,000,000 for each of fiscal years 2019 through 2023; (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 (2) to be transferred to the Secretary of Health and Human Services to provide enhanced funding for the National Health Service Corps— (A) $290,000,000 for fiscal year 2011; (B) $295,000,000 for fiscal year 2012; (C) $300,000,000 for fiscal year 2013; (D) $305,000,000 for fiscal year 2014; (E) $310,000,000 for each of fiscal years 2015 through 2017; (F) $310,000,000 for each of fiscal years 2018 and 2019; (G) $310,000,000 for fiscal year 2020; (H) $310,000,000 for each of fiscal years 2021 through 2023; (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) Construction There is authorized to be appropriated, and there is appropriated, out of any monies in the Treasury not otherwise appropriated, $1,500,000,000 to be available for fiscal years 2011 through 2015 to be used by the Secretary of Health and Human Services for the construction and renovation of community health centers. (d) Use of fund The Secretary of Health and Human Services shall transfer amounts in the CHC Fund to accounts within the Department of Health and Human Services to increase funding, over the fiscal year 2008 level, for community health centers and the National Health Service Corps. (e) Availability Amounts appropriated under subsections (b) and (c) shall remain available until expended.

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  • § 256h Program of payments to teaching health centers that operate graduate medical education programs Amends

    42 U.S.C. § 256h — at 256h(g)

    The law today

    (a) Payments (1) In general Subject to subsection (h)(2), the Secretary shall make payments under this section for direct expenses and indirect expenses to qualified teaching health centers that are listed as sponsoring institutions by the relevant accrediting body for, as appropriate— (A) maintenance of filled positions at existing approved graduate medical residency training programs; (B) expansion of existing approved graduate medical residency training programs; and (C) establishment of new approved graduate medical residency training programs. (2) Per resident amount In making payments under paragraph (1), the Secretary shall consider the cost of training residents at teaching health centers and the implications of the per resident amount on approved graduate medical residency training programs at teaching health centers. (3) Priority In making payments under paragraph (1)(C), the Secretary shall give priority to qualified teaching health centers that— (A) serve a health professional shortage area with a designation in effect under section 254e of this title or a medically underserved community (as defined in section 295p of this title); or (B) are located in a rural area (as defined in section 1395ww(d)(2)(D) of this title). (b) Amount of payments (1) In general Subject to paragraph (2), the amounts payable under this section to qualified teaching health centers for an approved graduate medical residency training program for a fiscal year are each of the following amounts: (A) Direct expense amount The amount determined under subsection (c) for direct expenses associated with sponsoring approved graduate medical residency training programs. (B) Indirect expense amount The amount determined under subsection (d) for indirect expenses associated with the additional costs relating to teaching residents in such programs. (2) Capped amount (A) In general The total of the payments made to qualified teaching health centers under paragraph (1)(A) or paragraph (1)(B) in a fiscal year shall not exceed the amount of funds appropriated under subsection (g) for such payments for that fiscal year. (B) Limitation The Secretary shall limit the funding of full-time equivalent residents in order to ensure the direct and indirect payments as determined under subsection 1 (c) and (d) do not exceed the total amount of funds appropriated in a fiscal year under subsection (g). (C) Addition Notwithstanding any provision of this section, for the period beginning on October 1, 2023, and ending on December 31, 2024, the Secretary may use any amounts made available in any fiscal year to carry out this section (including amounts recouped under subsection (f)) to make payments described in paragraphs (1)(A) and (1)(B), in addition to the total amount of funds appropriated under subsection (g). (c) Amount of payment for direct graduate medical education (1) In general The amount determined under this subsection for payments to qualified teaching health centers for direct graduate expenses relating to approved graduate medical residency training programs for a fiscal year is equal to the product of— (A) the updated national per resident amount for direct graduate medical education, as determined under paragraph (2); and (B) the average number of full-time equivalent residents in the teaching health center’s graduate approved medical residency training programs as determined under section 1395ww(h)(4) of this title (without regard to the limitation under subparagraph (F) of such section) during the fiscal year. (2) Updated national per resident amount for direct graduate medical education The updated per resident amount for direct graduate medical education for a qualified teaching health center for a fiscal year is an amount determined as follows: (A) Determination of qualified teaching health center per resident amount The Secretary shall compute for each individual qualified teaching health center a per resident amount— (i) by dividing the national...

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  • § 300hh-10b National Advisory Committee on Children and Disasters Amends

    42 U.S.C. § 300hh-10b — at 300hh-10b(g)

    The law today

    (a) Establishment The Secretary, in consultation with the Secretary of Homeland Security, shall establish an advisory committee to be known as the “National Advisory Committee on Children and Disasters” (referred to in this section as the “Advisory Committee”). (b) Duties The Advisory Committee shall— (1) provide advice and consultation with respect to the activities carried out pursuant to section 300hh–16 of this title, as applicable and appropriate; (2) evaluate and provide input with respect to the medical, mental, behavioral, developmental, and public health needs of children as they relate to preparation for, response to, and recovery from all-hazards emergencies; (3) provide advice and consultation with respect to State emergency preparedness and response activities and children, including related drills and exercises pursuant to the preparedness goals under section 300hh–1(b) of this title; and (4) provide advice and consultation with respect to continuity of care and education for all children and supporting parents and caregivers during all-hazards emergencies. (c) Additional duties The Advisory Committee may provide advice and recommendations to the Secretary with respect to children and the medical and public health grants and cooperative agreements as applicable to preparedness and response activities authorized under this subchapter and subchapter II. (d) Membership (1) In general The Secretary, in consultation with such other Secretaries as may be appropriate, shall appoint not to exceed 25 members to the Advisory Committee. In appointing such members, the Secretary shall ensure that the total membership of the Advisory Committee is an odd number. (2) Required non-Federal members The Secretary, in consultation with such other heads of Federal agencies as may be appropriate, shall appoint to the Advisory Committee under paragraph (1) at least 13 individuals, including— (A) at least 2 non-Federal professionals with expertise in pediatric medical disaster planning, preparedness, response, or recovery; (B) at least 2 representatives from State, local, Tribal, or territorial agencies with expertise in pediatric disaster planning, preparedness, response, or recovery; (C) at least 4 members representing health care professionals, which may include members with expertise in pediatric emergency medicine; pediatric trauma, critical care, or surgery; the treatment of pediatric patients affected by chemical, biological, radiological, or nuclear agents, including emerging infectious diseases; pediatric mental or behavioral health related to children affected by a public health emergency; or pediatric primary care; (D) at least 4 non-Federal members representing child care settings, State or local educational agencies, individuals with expertise in children with disabilities, and parents; and (E) other members as the Secretary determines appropriate, of whom— (i) at least one such member shall represent a children’s hospital; (ii) at least one such member shall be an individual with expertise in children and youth with special health care needs; and (iii) at least one such member shall be an individual with expertise in the needs of parents or family caregivers, including the parents or caregivers of children with disabilities. (3) Federal members The Advisory Committee under paragraph (1) shall include the following Federal members or their designees (who may be nonvoting members, as determined by the Secretary): (A) The Assistant Secretary for Preparedness and Response. (B) The Director of the Biomedical Advanced Research and Development Authority. (C) The Director of the Centers for Disease Control and Prevention. (D) The Commissioner of Food and Drugs. (E) The Director of the National Institutes of Health. (F) The Assistant Secretary of the Administration for Children and Families. (G) The Administrator of the Health Resources and Services Administration. (H) The Administrator of the Federal Emergency Management Agency...

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  • § 300hh-10c National Advisory Committee on Seniors and Disasters Amends

    42 U.S.C. § 300hh-10c — at 300hh-10c(g)(1)

    The law today

    (a) Establishment The Secretary, in consultation with the Secretary of Homeland Security and the Secretary of Veterans Affairs, shall establish an advisory committee to be known as the National Advisory Committee on Seniors and Disasters (referred to in this section as the “Advisory Committee”). (b) Duties The Advisory Committee shall— (1) provide advice and consultation with respect to the activities carried out pursuant to section 300hh–16 of this title, as applicable and appropriate; (2) evaluate and provide input with respect to the medical and public health needs of seniors related to preparation for, response to, and recovery from all-hazards emergencies; and (3) provide advice and consultation with respect to State emergency preparedness and response activities relating to seniors, including related drills and exercises pursuant to the preparedness goals under section 300hh–1(b) of this title. (c) Additional duties The Advisory Committee may provide advice and recommendations to the Secretary with respect to seniors and the medical and public health grants and cooperative agreements as applicable to preparedness and response activities under this subchapter and subchapter III. (d) Membership (1) In general The Secretary, in consultation with such other heads of agencies as appropriate, shall appoint not more than 17 members to the Advisory Committee. In appointing such members, the Secretary shall ensure that the total membership of the Advisory Committee is an odd number. (2) Required members The Advisory Committee shall include Federal members or their designees (who may be nonvoting members, as determined by the Secretary) and non-Federal members, as follows: (A) The Assistant Secretary for Preparedness and Response. (B) The Director of the Biomedical Advanced Research and Development Authority. (C) The Director of the Centers for Disease Control and Prevention. (D) The Commissioner of Food and Drugs. (E) The Director of the National Institutes of Health. (F) The Administrator of the Centers for Medicare & Medicaid Services. (G) The Administrator of the Administration for Community Living. (H) The Administrator of the Federal Emergency Management Agency. (I) The Under Secretary for Health of the Department of Veterans Affairs. (J) At least 2 non-Federal health care professionals with expertise in geriatric medical disaster planning, preparedness, response, or recovery. (K) At least 2 representatives of State, local, Tribal, or territorial agencies with expertise in geriatric disaster planning, preparedness, response, or recovery. (L) Representatives of such other Federal agencies (such as the Department of Energy and the Department of Homeland Security) as the Secretary determines necessary to fulfill the duties of the Advisory Committee. (e) Meetings The Advisory Committee shall meet not less frequently than biannually. At least one meeting per year shall be an in-person meeting. (f) Coordination The Secretary shall coordinate duties and activities authorized under this section in accordance with section 300hh–10e of this title. (g) Sunset (1) In general The Advisory Committee shall terminate on December 31, 2026. (2) Extension of Committee Not later than October 1, 2022, the Secretary shall submit to Congress a recommendation on whether the Advisory Committee should be extended.

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  • § 300hh-10d National Advisory Committee on Individuals With Disabilities and Disasters Amends

    42 U.S.C. § 300hh-10d — at 300hh-10d(g)(1)

    The law today

    (a) Establishment The Secretary, in consultation with the Secretary of Homeland Security, shall establish a national advisory committee to be known as the National Advisory Committee on Individuals with Disabilities and Disasters (referred to in this section as the “Advisory Committee”). (b) Duties The Advisory Committee shall— (1) provide advice and consultation with respect to activities carried out pursuant to section 300hh–16 of this title, as applicable and appropriate; (2) evaluate and provide input with respect to the medical, public health, and accessibility needs of individuals with disabilities related to preparation for, response to, and recovery from all-hazards emergencies; and (3) provide advice and consultation with respect to State emergency preparedness and response activities, including related drills and exercises pursuant to the preparedness goals under section 300hh–1(b) of this title. (c) Membership (1) In general The Secretary, in consultation with such other heads of agencies and departments as appropriate, shall appoint not more than 17 members to the Advisory Committee. In appointing such members, the Secretary shall ensure that the total membership of the Advisory Committee is an odd number. (2) Required members The Advisory Committee shall include Federal members or their designees (who may be nonvoting members, as determined by the Secretary) and non-Federal members, as follows: (A) The Assistant Secretary for Preparedness and Response. (B) The Administrator of the Administration for Community Living. (C) The Director of the Biomedical Advanced Research and Development Authority. (D) The Director of the Centers for Disease Control and Prevention. (E) The Commissioner of Food and Drugs. (F) The Director of the National Institutes of Health. (G) The Administrator of the Federal Emergency Management Agency. (H) The Chair of the National Council on Disability. (I) The Chair of the United States Access Board. (J) The Under Secretary for Health of the Department of Veterans Affairs. (K) At least 2 non-Federal health care professionals with expertise in disability accessibility before, during, and after disasters, medical and mass care disaster planning, preparedness, response, or recovery. (L) At least 2 representatives from State, local, Tribal, or territorial agencies with expertise in disaster planning, preparedness, response, or recovery for individuals with disabilities. (M) At least 2 individuals with a disability with expertise in disaster planning, preparedness, response, or recovery for individuals with disabilities. (d) Meetings The Advisory Committee shall meet not less frequently than biannually. At least one meeting per year shall be an in-person meeting. (e) Disability defined For purposes of this section, the term “disability” has the meaning given such term in section 12102 of this title. (f) Coordination The Secretary shall coordinate duties and activities authorized under this section in accordance with section 300hh–10e of this title. (g) Sunset (1) In general The Advisory Committee shall terminate on December 31, 2026. (2) Recommendation Not later than October 1, 2022, the Secretary shall submit to Congress a recommendation on whether the Advisory Committee should be extended.

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  • § 300hh-11 National Disaster Medical System Amends

    42 U.S.C. § 300hh-11 — at 300hh-11(c)(4)(B)

    The law today

    (a) National Disaster Medical System (1) In general The Secretary shall provide for the operation in accordance with this section of a system to be known as the National Disaster Medical System. The Secretary shall designate the Assistant Secretary for Preparedness and Response as the head of the National Disaster Medical System, subject to the authority of the Secretary. (2) Federal and State collaborative System (A) In general The National Disaster Medical System shall be a coordinated effort by the Federal agencies specified in subparagraph (B), working in collaboration with the States and other appropriate public or private entities, to carry out the purposes described in paragraph (3). (B) Participating Federal agencies The Federal agencies referred to in subparagraph (A) are the Department of Health and Human Services, the Department of Homeland Security, the Department of Defense, and the Department of Veterans Affairs. (3) Purpose of System (A) In general The Secretary may activate the National Disaster Medical System to— (i) provide health services, health-related social services, other appropriate human services, and appropriate auxiliary services to respond to the needs of victims of a public health emergency, including at-risk individuals as applicable (whether or not determined to be a public health emergency under section 247d of this title); or (ii) be present at locations, and for limited periods of time, specified by the Secretary on the basis that the Secretary has determined that a location is at risk of a public health emergency during the time specified, or there is a significant potential for a public health emergency. (B) Ongoing activities The National Disaster Medical System shall carry out such ongoing activities as may be necessary to prepare for the provision of services described in subparagraph (A) in the event that the Secretary activates the National Disaster Medical System for such purposes. (C) Considerations for at-risk populations The Secretary shall take steps to ensure that an appropriate specialized and focused range of public health and medical capabilities are 1 represented in the National Disaster Medical System, which take 2 into account the needs of at-risk individuals, in the event of a public health emergency. (D) Administration The Secretary may determine and pay claims for reimbursement for services under subparagraph (A) directly or through contracts that provide for payment in advance or by way of reimbursement. (E) Test for mobilization of System During the one-year period beginning on December 19, 2006, the Secretary shall conduct an exercise to test the capability and timeliness of the National Disaster Medical System to mobilize and otherwise respond effectively to a bioterrorist attack or other public health emergency that affects two or more geographic locations concurrently. Thereafter, the Secretary may periodically conduct such exercises regarding the National Disaster Medical System as the Secretary determines to be appropriate. (b) Modifications (1) In general Taking into account the findings from the joint review described under paragraph (2), the Secretary shall modify the policies of the National Disaster Medical System as necessary. (2) Joint review and medical surge capacity strategic plan (A) Review Not later than 180 days after June 24, 2019, the Secretary, in coordination with the Secretary of Homeland Security, the Secretary of Defense, and the Secretary of Veterans Affairs, shall conduct a joint review of the National Disaster Medical System. Such review shall include— (i) an evaluation of medical surge capacity, as described in section 300hh–2(a) of this title; (ii) an assessment of the available workforce of the intermittent disaster response personnel described in subsection (c); (iii) the capacity of the workforce described in clause (ii) to respond to all hazards, including capacity to simultaneously respond to multiple public health emergencies and...

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Social security · 42 U.S.C. ch. 7 2 sections
  • § 710 Sexual risk avoidance education Amends

    42 U.S.C. § 710

    The law today

    (a) In general (1) Allotments to States For the purpose described in subsection (b), the Secretary shall, for each of fiscal years 2018 through 2026, and for the period beginning on October 1, 2026, and ending on December 31, 2026, allot to each State which has transmitted an application for the fiscal year (or, with respect to the applicable period, for fiscal year 2027) under section 705(a) of this title an amount equal to the product of— (A) the amount appropriated pursuant to subsection (f)(1) for the fiscal year or period, minus the amount reserved under subsection (f)(2) for the fiscal year or period; and (B) the proportion that the number of low-income children in the State bears to the total of such numbers of children for all the States. (2) Other allotments (A) Other entities For the purpose described in subsection (b), the Secretary shall, for each of fiscal years 2018 through 2026 and with respect to fiscal year 2027, for the applicable period described in paragraph (1), for any State which has not transmitted an application for the fiscal year (or, with respect to the applicable period, for fiscal year 2027) under section 705(a) of this title, allot to one or more entities in the State the amount that would have been allotted to the State under paragraph (1) if the State had submitted such an application. (B) Process The Secretary shall select the recipients of allotments under subparagraph (A) by means of a competitive grant process under which— (i) not later than 30 days after the deadline for the State involved to submit an application for the fiscal year (or, with respect to fiscal year 2027, for the applicable period described in paragraph (1)) under section 705(a) of this title, the Secretary publishes a notice soliciting grant applications; and (ii) not later than 120 days after such deadline, all such applications must be submitted. (b) Purpose (1) In general Except for research under paragraph (5) and information collection and reporting under paragraph (6), the purpose of an allotment under subsection (a) to a State (or to another entity in the State pursuant to subsection (a)(2)) is to enable the State or other entity to implement education exclusively on sexual risk avoidance (meaning voluntarily refraining from sexual activity). (2) Required components Education on sexual risk avoidance pursuant to an allotment under this section shall— (A) ensure that the unambiguous and primary emphasis and context for each topic described in paragraph (3) is a message to youth that normalizes the optimal health behavior of avoiding nonmarital sexual activity; (B) be medically accurate and complete; (C) be age-appropriate; (D) be based on adolescent learning and developmental theories for the age group receiving the education; and (E) be culturally appropriate, recognizing the experiences of youth from diverse communities, backgrounds, and experiences. (3) Topics Education on sexual risk avoidance pursuant to an allotment under this section shall address each of the following topics: (A) The holistic individual and societal benefits associated with personal responsibility, self-regulation, goal setting, healthy decisionmaking, and a focus on the future. (B) The advantage of refraining from nonmarital sexual activity in order to improve the future prospects and physical and emotional health of youth. (C) The increased likelihood of avoiding poverty when youth attain self-sufficiency and emotional maturity before engaging in sexual activity. (D) The foundational components of healthy relationships and their impact on the formation of healthy marriages and safe and stable families. (E) How other youth risk behaviors, such as drug and alcohol usage, increase the risk for teen sex. (F) How to resist and avoid, and receive help regarding, sexual coercion and dating violence, recognizing that even with consent teen sex remains a youth risk behavior. (4) Contraception Education on sexual risk avoidance pursuant to an all...

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  • § 713 Personal responsibility education Amends

    42 U.S.C. § 713

    The law today

    (a) Allotments to States (1) Amount (A) In general For the purpose described in subsection (b), subject to the succeeding provisions of this section, for each of fiscal years 2010 through 2026, and for the period beginning on October 1, 2026, and ending on December 31, 2026, the Secretary shall allot to each State an amount equal to the product of— (i) the amount appropriated under subsection (f) for the fiscal year or period and available for allotments to States after the application of subsection (c); and (ii) the State youth population percentage determined under paragraph (2). (B) Minimum allotment (i) In general Each State allotment under this paragraph for a fiscal year shall be at least $250,000. The previous sentence shall not apply with respect to State allotments under this paragraph for fiscal years 2025 and 2026, and for the period beginning on October 1, 2026, and ending on December 31, 2026. (ii) Pro rata adjustments The Secretary shall adjust on a pro rata basis the amount of the State allotments determined under this paragraph for a fiscal year to the extent necessary to comply with clause (i). (C) Application required to access allotments (i) In general A State shall not be paid from its allotment for a fiscal year or period described in subparagraph (A) unless the State submits an application to the Secretary for the fiscal year or period and the Secretary approves the application (or requires changes to the application that the State satisfies) and meets such additional requirements as the Secretary may specify. (ii) Requirements The State application shall contain an assurance that the State has complied with the requirements of this section in preparing and submitting the application and shall include the following as well as such additional information as the Secretary may require: (I) Based on data from the Centers for Disease Control and Prevention National Center for Health Statistics, the most recent pregnancy rates for the State for youth ages 10 to 14 and youth ages 15 to 19 for which data are available, the most recent birth rates for such youth populations in the State for which data are available, and trends in those rates for the most recently preceding 5-year period for which such data are available. (II) State-established goals for reducing the pregnancy rates and birth rates for such youth populations. (III) A description of the State’s plan for using the State allotments provided under this section to achieve such goals, especially among youth populations that are the most high-risk or vulnerable for pregnancies or otherwise have special circumstances, including youth in foster care, homeless youth, youth with HIV/AIDS, pregnant youth who are under 21 years of age, mothers who are under 21 years of age, and youth residing in areas with high birth rates for youth. (2) State youth population percentage (A) In general For purposes of paragraph (1)(A)(ii), the State youth population percentage is, with respect to a State, the proportion (expressed as a percentage) of— (i) the number of individuals who have attained age 10 but not attained age 20 in the State; to (ii) the number of such individuals in all States. (B) Determination of number of youth The number of individuals described in clauses (i) and (ii) of subparagraph (A) in a State shall be determined on the basis of the most recent Bureau of the Census data. (3) Availability of State allotments Subject to paragraph (4)(A), amounts allotted to a State pursuant to this subsection for a fiscal year or period described in paragraph (1)(A) shall remain available for expenditure by the State through the end of the second fiscal year following such fiscal year or period. (4) Authority to award grants from State allotments to local organizations and entities in nonparticipating States (A) Grants from unexpended allotments If a State does not submit an application under this section for fiscal year 2010 or 2011, the State shall no longer be el...

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Organization · 49 U.S.C. ch. 1 1 section
  • § 106 Federal Aviation Administration Amends

    49 U.S.C. § 106 — at 106(k)

    The law today

    (a) In General.— The Federal Aviation Administration is an administration in the Department of Transportation. (b) Administration Leadership.— (1) Administrator.— (A) In general.— The head of the Administration is the Administrator, who shall be appointed by the President, by and with the advice and consent of the Senate. (B) Qualifications.— The Administrator shall— (i) be a citizen of the United States; (ii) not be an active duty member of the Armed Forces; (iii) not have retired from the Armed Forces within the 7 years preceding nomination; and (iv) have experience in organizational management and a field directly related to aviation. (C) Fitness.— In appointing an individual as Administrator, the President shall consider the fitness of such individual to carry out efficiently the duties and powers of the office. (D) Term of office.— The term of office for any individual appointed as Administrator shall be 5 years. (E) Reporting chain.— Except as provided in subsection (f) or in other provisions of law, the Administrator reports directly to the Secretary of Transportation. (2) Deputy administrator.— (A) In general.— The Administrator has a Deputy Administrator, who shall be appointed by the President. (B) Qualifications.— The Deputy Administrator shall— (i) be a citizen of the United States; and (ii) have experience in organizational management and a field directly related to aviation. (C) Fitness.— In appointing an individual as Deputy Administrator, the President shall consider the fitness of the individual to carry out efficiently the duties and powers of the office, including the duty to act for the Administrator when the Administrator is absent or unable to serve, or when the office of Administrator is vacant. (D) Reporting chain.— The Deputy Administrator reports directly to the Administrator. (E) Duties.— The Deputy Administrator shall carry out duties and powers prescribed by the Administrator. (F) Compensation.— (i) Annual rate of basic pay.— The annual rate of basic pay of the Deputy Administrator shall be set by the Secretary but shall not exceed the annual rate of basic pay payable to the Administrator. (ii) Exception.— A retired regular officer of the Armed Forces serving as the Deputy Administrator is entitled to hold a rank and grade not lower than that held when appointed as the Deputy Administrator and may elect to receive— (I) the pay provided for the Deputy Administrator under clause (i); or (II) the pay and allowances or the retired pay of the military grade held. (iii) Reimbursement of expenses.— If the Deputy Administrator elects to receive compensation described in clause (ii)(II), the Administration shall reimburse the appropriate military department from funds available for the expenses of the Administration. (3) Leadership of the administration defined.— In this section, the term “leadership of the Administration” means— (A) the Administrator under paragraph (1); and (B) the Deputy Administrator under paragraph (2). (c) Assistant Administrator for Rulemaking and Regulatory Improvement.— There is an Assistant Administrator for Rulemaking and Regulatory Improvement who shall be appointed by the Administrator and shall— (1) be responsible for developing and managing the execution of a regulatory agenda for the Administration that meets statutory and Administration deadlines, including by— (A) prioritizing rulemaking projects that are necessary to improve safety; (B) establishing the regulatory agenda of the Administration; and (C) coordinating with offices of the Administration, the Department, and other Federal entities as appropriate to improve timely feedback generation and approvals when required by law; (2) not delegate overall responsibility for meeting internal timelines and final completion of the regulatory activities of the Administration outside the Office of the Assistant Administrator for Rulemaking and Regulatory Improvement; (3) on an ongoing basis, review the regulations of the Admi...

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Operations of carriers · 49 U.S.C. ch. 417 2 sections
  • § 41742 Essential air service authorization Amends

    49 U.S.C. § 41742 — at 41742(a)(2)

    The law today

    (a) In General.— (1) Authorization.— Out of the amounts received by the Federal Aviation Administration credited to the account established under section 45303 of this title or otherwise provided to the Administration, the sum of $50,000,000 for each fiscal year is authorized and shall be made available immediately for obligation and expenditure to carry out the essential air service program under this subchapter. (2) Additional funds.— In addition to amounts authorized under paragraph (1), there is authorized to be appropriated out of the Airport and Airway Trust Fund (established under section 9502 of the Internal Revenue Code of 1986) $348,544,000 for fiscal year 2024, $340,000,000 for fiscal year 2025, $342,000,000 for fiscal year 2026, $342,000,000 for fiscal year 2027, and $350,000,000 for fiscal year 2028 to carry out the essential air service program under this subchapter of which not more than $12,000,000 per fiscal year may be used for the marketing incentive program for communities and for State marketing assistance. (3) Authorization for additional employees.— In addition to amounts authorized under paragraphs (1) and (2), there are authorized to be appropriated such sums as may be necessary for the Secretary of Transportation to hire and employ 4 additional employees for the office responsible for carrying out the essential air service program. (b) Distribution of Additional Funds.— Notwithstanding any other provision of law, in any fiscal year in which funds credited to the account established under section 45303, including the funds derived from fees imposed under the authority contained in section 45301(a), exceed the $50,000,000 made available under subsection (a)(1), such funds shall be made available immediately for obligation and expenditure to carry out the essential air service program under this subchapter. (c) Availability of Funds.— The funds made available under this section shall remain available until expended.

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  • § 41743 Airports not receiving sufficient service Amends

    49 U.S.C. § 41743 — at 41743(e)(2)

    The law today

    (a) Small Community Air Service Development Program.— The Secretary of Transportation shall establish a program that meets the requirements of this section for improving air carrier service to airports not receiving sufficient air carrier service. (b) Application Required.— In order to participate in the program established under subsection (a), a community or consortium of communities shall submit an application to the Secretary in such form, at such time, and containing such information as the Secretary may require, including— (1) an assessment of the need of the community or consortium for access, or improved access, to the national air transportation system; and (2) an analysis of the application of the criteria in subsection (c) to that community or consortium. (c) Criteria for Participation.— In selecting communities, or consortia of communities, for participation in the program established under subsection (a), the Secretary shall apply the following criteria: (1) Size.— On the date of submission of the relevant application under subsection (b), the airport serving the community or consortium— (A) is not larger than a small hub airport, as determined using the Department of Transportation’s most recently published classification; and (B) has— (i) insufficient air carrier service; or (ii) unreasonably high air fares. (2) Characteristics.— The airport presents characteristics, such as geographic diversity or unique circumstances, that will demonstrate the need for, and feasibility of, the program established under subsection (a). (3) State limit.— Not more than 4 communities or consortia of communities, or a combination thereof, from the same State may be selected to participate in the program in any fiscal year. (4) Overall limit.— (A) In general.— No more than 40 communities or consortia of communities, or a combination thereof, may be selected to participate in the program in each year for which funds are appropriated for the program. (B) Same projects.— Except as provided in subparagraph (C), no community, consortia of communities, or combination thereof may participate in the program in support of the same project more than once in a 5-year period, but any community, consortia of communities, or combination thereof may apply, subsequent to such participation, to participate in the program in support of a different project at any time. (C) Exception.— The Secretary may waive the limitation under subparagraph (B) related to projects that are the same if the Secretary determines that the community or consortium spent little or no money on its previous project or encountered industry or environmental challenges, due to circumstances that were reasonably beyond the control of the community or consortium. (5) Priorities.— The Secretary shall give priority to communities or consortia of communities where— (A) air fares are higher than the average air fares for all communities; (B) the community has demonstrated support from at least 1 air carrier to provide service; (C) the community or consortium will provide a portion of the cost of the activity to be assisted under the program from local sources other than airport revenues; (D) the community or consortium has established, or will establish, a public-private partnership to facilitate air carrier service to the public; (E) the assistance will provide material benefits to a broad segment of the travelling public, including business, educational institutions, and other enterprises, whose access to the national air transportation system is limited; (F) the assistance will be used to help restore scheduled passenger air service that has been terminated or substantially reduced (as measured by enplanements, capacity (seats), schedule, connections, or routes); (G) the assistance will be used in a timely fashion; and (H) multiple communities cooperate to submit a regional or multistate application to consolidate air service into one regional airport. (d) Types of Assistance.— ...

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Insurance · 49 U.S.C. ch. 443 1 section
  • § 44310 Ending effective date Amends

    49 U.S.C. § 44310 — at 44310(b)

    The law today

    (a) In General.— The authority of the Secretary of Transportation to provide insurance and reinsurance under any provision of this chapter other than sections 44302a and 44305 is not effective after December 11, 2014. (b) Insurance of United States Government Property.— The authority of the Secretary of Transportation to provide insurance and reinsurance for a department, agency, or instrumentality of the United States Government under section 44305 is not effective after September 30, 2028.

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Unmanned aircraft systems · 49 U.S.C. ch. 448 3 sections
  • § 44803 Unmanned aircraft system test ranges Amends

    49 U.S.C. § 44803 — at 44803(h)

    The law today

    (a) Test Ranges.— (1) In general.— The Administrator of the Federal Aviation Administration shall carry out and update, as appropriate, a program for the use of unmanned aircraft system (in this section referred to as UAS) test ranges to— (A) enable a broad variety of development, testing, and evaluation activities related to UAS and associated technologies; and (B) the extent consistent with aviation safety and efficiency, support the safe integration of unmanned aircraft systems into the national airspace system. (2) Designations.— (A) Existing test ranges.— Test ranges designated under this section shall include the 7 test ranges established under the following: (i) Section 332(c) of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 40101 note), as in effect on the day before the date of enactment of the FAA Reauthorization Act of 2018 (Public Law 115–254). (ii) Any other test ranges designated pursuant to the amendment made by section 2201(b) of the FAA Extension, Safety, and Security Act of 2016 (49 U.S.C. 40101 note) after the date of enactment of such Act. (B) New test ranges.— If the Administrator finds that it is in the best interest of enabling safe UAS integration into the national airspace system, the Administrator may select and designate as a test range under this section up to 2 additional test ranges in accordance with the requirements of this section through a competitive selection process. (C) Limitation.— Not more than 9 test ranges designated under this section shall be part of the program established under this section at any given time. (3) Eligibility.— Test ranges selected by the Administrator pursuant to (2)(B) shall— (A) be an instrumentality of a State, local, Tribal, or territorial government or other public entity; (B) be approved by the chief executive officer of the State, local, territorial, or Tribal government for the principal place of business of the applicant, prior to seeking designation by the Administrator; (C) undertake and ensure testing and evaluation of innovative concepts, technologies, and operations that will offer new safety benefits, including developing and retaining an advanced aviation industrial base within the United States; and (D) meet any other requirements established by the Administrator. (b) Airspace Requirements.— (1) In general.— In carrying out the program under subsection (a), the Administrator may establish, upon the request of a test range sponsor designated by the Administrator under subsection (a), a restricted area, special use airspace, or other similar type of airspace pursuant to part 73 of title 14, Code of Federal Regulations, for purposes of— (A) accommodating hazardous development, testing, and evaluation activities to inform the safe integration of unmanned aircraft systems into the national airspace system; or (B) other activities authorized by the Administrator pursuant to subsection (f). (2) NEPA review.— The Administrator may require that each test range sponsor designated by the Administrator under subsection (a) provide a draft environmental review consistent with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), subject to the supervision of and adoption by the Administrator, with respect to any request for the establishment of a restricted area, special use airspace, or other similar type of airspace under this subsection. (3) Inactive restricted area or special use airspace.— (A) In general.— In the event a restricted area, special use airspace, or other similar type of airspace established under paragraph (1) is not needed to meet the needs of the using agency (as described in subparagraph (B)), any related airspace restrictions, limitations, or designations shall be inactive. (B) Using agency.— For purposes of this subsection, a test range sponsor designated by the Administrator under subsection (a) shall be considered the using agency with respect to a restricted area established by the Administrator under th...

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  • § 44807 Special authority for certain unmanned aircraft systems Amends

    49 U.S.C. § 44807 — at 44807(d)

    The law today

    (a) In General.— Notwithstanding any other requirement of this chapter or chapter 447, the Administrator of the Federal Aviation Administration shall use a risk-based approach to determine how unmanned aircraft systems may operate safely in the national airspace system notwithstanding completion of the comprehensive plan and rulemaking required by section 44802 or the guidance required by section 44806. (b) Assessment of Unmanned Aircraft Systems.— In making the determination under subsection (a), the Administrator shall determine, at a minimum— (1) how such unmanned aircraft systems, if any, as a result of their size, weight, speed, operational capability, proximity to airports and populated areas, operation over people, and operation within or beyond the visual line of sight, or operation during the day or night, do not create a hazard to users of the national airspace system or the public; and (2) whether a certificate under section 44703 or section 44704 of this title, or a certificate of waiver or certificate of authorization, is required for the operation of unmanned aircraft systems identified under paragraph (1) of this subsection. (c) Requirements for Safe Operation.— (1) In general.— In carrying out this section, the Administrator shall establish requirements, or a process to accept proposed requirements, for the safe and efficient operation of unmanned aircraft systems in the national airspace system, including operations related to testing and evaluation of proprietary systems. (2) Expedited exemptions and approvals.— The Administrator shall, taking into account the statutory mandate to ensure safe and efficient use of the national airspace system, issue approvals— (A) to enable low-risk beyond visual line of sight operations, including, at a minimum, package delivery operations, extended visual line of sight operations, or shielded operations within 100 feet of the ground or a structure; or (B) that are aligned with Administration exemptions or approvals that enable beyond visual line of sight operations with the use of acoustics, ground based radar, automatic dependent surveillance–broadcast, and other technological solutions. (3) Treatment of mitigation measures.— To the extent that an operation under this section will be conducted exclusively within the airspace of a Mode C Veil, such operation shall be treated as satisfying the requirements of section 91.113(b) of title 14, Code of Federal Regulations, if the operation employs— (A) automatic dependent surveillance–broadcast in-based detect and avoid capabilities; (B) air traffic control communication and coordination; (C) aeronautical information management systems acceptable to the Administrator, such as notices to air missions, to notify other airspace users of such operations; or (D) any other risk mitigations as set by the Administrator. (4) Rule of construction.— Nothing in this subsection shall be construed to— (A) provide an unmanned aircraft operating pursuant to this section the right of way over a manned aircraft; or (B) limit the authority of the Administrator to impose requirements, conditions, or limitations on operations conducted under this section in order to address safety concerns. (d) Sunset.— The authority under this section for the Secretary to determine if certain unmanned aircraft systems may operate safely in the national airspace system terminates effective September 30, 2033. (e) Authority.— The Administrator may exercise the authorities described in this section, including waiving applicable parts of title 14, Code of Federal Regulations, without initiating a rulemaking or imposing the requirements of part 11 of title 14, Code of Federal Regulations, to the extent consistent with aviation safety.

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  • § 44810 Airport safety and airspace hazard mitigation and enforcement Amends

    49 U.S.C. § 44810 — at 44810(h)

    The law today

    (a) Coordination.— The Administrator of the Federal Aviation Administration shall work with the Secretary of Defense, the Secretary of Homeland Security, and the heads of other relevant Federal departments and agencies for the purpose of ensuring that technologies or systems that are developed, tested, or deployed by Federal departments and agencies to detect and mitigate potential risks posed by errant or hostile unmanned aircraft system operations do not adversely impact or interfere with safe airport operations, navigation, air traffic services, or the safe and efficient operation of the national airspace system. (b) Plan.— (1) In general.— The Administrator shall develop a plan for the certification, permitting, authorizing, or allowing of the deployment of technologies or systems for the detection and mitigation of unmanned aircraft systems. (2) Contents.— The plan shall provide for the development of policies, procedures, or protocols that will allow appropriate officials of the Federal Aviation Administration to utilize such technologies or systems to take steps to detect and mitigate potential airspace safety risks posed by unmanned aircraft system operations. (3) Aviation rulemaking committee.— The Administrator shall charter an aviation rulemaking committee to make recommendations for such a plan and any standards that the Administrator determines may need to be developed with respect to such technologies or systems. The Federal Advisory Committee Act (5 U.S.C. App.) 1 shall not apply to an aviation rulemaking committee chartered under this paragraph. (4) Non-delegation.— The plan shall not delegate any authority granted to the Administrator under this section to other Federal, State, local, territorial, or tribal agencies, or an airport sponsor, as defined in section 47102 of title 49, United States Code. (c) Airspace Hazard Mitigation Program.— In order to test and evaluate technologies or systems that detect and mitigate potential aviation safety risks posed by unmanned aircraft, the Administrator shall deploy such technologies or systems at 5 airports, including 1 airport that ranks in the top 10 of the FAA’s most recent Passenger Boarding Data, and any other location the Administrator determines appropriate. (d) Authority.— Under the testing and evaluation in subsection (c), the Administrator shall use unmanned aircraft detection and mitigation systems to detect and mitigate the unauthorized operation of an unmanned aircraft that poses a risk to aviation safety. (e) Aip Funding Eligibility.— Upon the certification, permitting, authorizing, or allowing of such technologies and systems that have been successfully tested under this section, an airport sponsor may apply for a grant under subchapter I of chapter 471 to purchase an unmanned aircraft detection and mitigation system. For purposes of this subsection, purchasing an unmanned aircraft detection and mitigation system shall be considered airport development (as defined in section 47102). (f) Briefing.— The Administrator shall annually brief the appropriate committees of Congress, including the Committee on Judiciary 2 of the House of Representatives and the Committee on the Judiciary of the Senate, on the implementation of this section. (g) Applicability of Other Laws.— Section 46502 of this title, section 32 of title 18, United States Code (commonly known as the Aircraft Sabotage Act), section 1031 of title 18, United States Code (commonly known as the Computer Fraud and Abuse Act of 1986),1 sections 2510–2522 of title 18, United States Code (commonly known as the Wiretap Act), and sections 3121–3127 of title 18, United States Code (commonly known as the Pen/Trap Statute), shall not apply to activities authorized by the Administrator pursuant to subsection 3 (c) and (d). (h) Sunset.— This section ceases to be effective September 30, 2028. (i) Non-delegation.— The Administrator shall not delegate any authority granted to the Administrator under this sectio...

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Airport development · 49 U.S.C. ch. 471 6 sections
  • § 47104 Project grant authority Amends

    49 U.S.C. § 47104 — at 47104(c)

    The law today

    (a) General Authority.— To maintain a safe and efficient nationwide system of public-use airports that meets the present and future needs of civil aeronautics, the Secretary of Transportation may make project grants under this subchapter from the Airport and Airway Trust Fund. (b) Incurring Obligations.— The Secretary may incur obligations to make grants from amounts made available under section 48103 of this title as soon as the amounts are apportioned under section 47114(c) and (d)(2) of this title. (c) Expiration of Authority.— After September 30, 2028, the Secretary may not incur obligations under subsection (b) of this section, except for obligations of amounts— (1) remaining available after that date under section 47117(b) of this title; or (2) recovered by the United States Government from grants made under this chapter if the amounts are obligated only for increases under section 47108(b)(2) and (3) of this title in the maximum amount of obligations of the Government for any other grant made under this title.

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  • § 47107 Project grant application approval conditioned on assurances about airport operations Amends

    49 U.S.C. § 47107 — at 47107(r)(3)

    The law today

    (a) General Written Assurances.— The Secretary of Transportation may approve a project grant application under this subchapter for an airport development project only if the Secretary receives written assurances, satisfactory to the Secretary, that— (1) the airport will be available for public use on reasonable conditions and without unjust discrimination; (2) air carriers making similar use of the airport will be subject to substantially comparable charges— (A) for facilities directly and substantially related to providing air transportation; and (B) regulations and conditions, except for differences based on reasonable classifications, such as between— (i) tenants and nontenants; and (ii) signatory and nonsignatory carriers; (3) the airport operator will not withhold unreasonably the classification or status of tenant or signatory from an air carrier that assumes obligations substantially similar to those already imposed on air carriers of that classification or status; (4) a person providing, or intending to provide, aeronautical services to the public will not be given an exclusive right to use the airport, with a right given to only one fixed-base operator to provide services at an airport deemed not to be an exclusive right if— (A) the right would be unreasonably costly, burdensome, or impractical for more than one fixed-base operator to provide the services; and (B) allowing more than one fixed-base operator to provide the services would require reducing the space leased under an existing agreement between the one fixed-base operator and the airport owner or operator; (5) fixed-base operators similarly using the airport will be subject to the same charges; (6) an air carrier using the airport may service itself or use any fixed-base operator allowed by the airport operator to service any carrier at the airport; (7) the airport and facilities on or connected with the airport will be operated and maintained suitably, with consideration given to climatic and flood conditions; (8) a proposal to close the airport temporarily for a nonaeronautical purpose must first be approved by the Secretary; (9) appropriate action will be taken to ensure that terminal airspace required to protect instrument and visual operations to the airport (including operations at established minimum flight altitudes) will be cleared and protected by mitigating existing, and preventing future, airport hazards; (10) appropriate action, including the adoption of zoning laws, has been or will be taken to the extent reasonable to restrict the use of land next to or near the airport to uses that are compatible with normal airport operations; (11) each of the airport’s facilities developed with financial assistance from the United States Government and each of the airport’s facilities usable for the landing and taking off of aircraft always will be available without charge for use by Government aircraft in common with other aircraft, except that if the use is substantial, the Government may be charged a reasonable share, proportionate to the use, of the cost of operating and maintaining the facility used; (12) the airport owner or operator will provide, without charge to the Government, property interests of the sponsor in land or water areas or buildings that the Secretary decides are desirable for, and that will be used for, constructing at Government expense, facilities for carrying out activities related to air traffic control or navigation; (13) the airport owner or operator will maintain a schedule of charges for use of facilities and services at the airport— (A) that will make the airport as self-sustaining as possible under the circumstances existing at the airport, including volume of traffic and economy of collection; and (B) without including in the rate base used for the charges the Government’s share of costs for any project for which a grant is made under this subchapter or was made under the Federal Airport Act or the Airport and Airway De...

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  • § 47114 Apportionments Amends

    49 U.S.C. § 47114 — at 47114(c)(1)(J)

    The law today

    (a) Definition.— In this section, “amount subject to apportionment” means the amount newly made available under section 48103 of this title for a fiscal year. (b) Apportionment Date.— On the first day of each fiscal year, the Secretary of Transportation shall apportion the amount subject to apportionment for that fiscal year as provided in this section. (c) Amounts Apportioned to Sponsors.— (1) Primary and commercial service airports.— (A) Primary airport apportionment.— The Secretary shall apportion to the sponsor of each primary airport for each fiscal year an amount equal to— (i) $15.60 for each of the first 50,000 passenger boardings at the airport during the prior calendar year; (ii) $10.40 for each of the next 50,000 passenger boardings at the airport during the prior calendar year; (iii) $5.20 for each of the next 400,000 passenger boardings at the airport during the prior calendar year; (iv) $1.30 for each of the next 500,000 passenger boardings at the airport during the prior calendar year; and (v) $1.00 for each additional passenger boarding at the airport during the prior calendar year. (B) Minimum and maximum apportionments.— Not less than $1,300,000 nor more than $22,000,000 may be apportioned under subparagraph (A) to an airport sponsor for a primary airport for each fiscal year. (C) New airport.— Notwithstanding subparagraph (A), the Secretary shall apportion in the first fiscal year following the official opening of a new airport with scheduled passenger air transportation an amount equal to $1,300,000 to the sponsor of such airport. (D) Nonprimary commercial service airport apportionment.— (i) In general.— The Secretary shall apportion to each commercial service airport that is not a primary airport an amount equal to— (I) $60 for each of the first 2,500 passenger boardings at the airport during the prior calendar year; and (II) $153.33 for each of the next 7,499 passenger boardings at the airport during the prior calendar year. (ii) Applicability.— Paragraphs (4) and (5) of subsection (d) shall apply to funds apportioned under this subparagraph. (E) Public airports with military use.— Notwithstanding any other provision of law, a public airport shall be considered a primary airport in each of fiscal years 2025 through 2028 for purposes of this chapter if such airport was— (i) designated as a primary airport in fiscal year 2017; and (ii) in use by an air reserve station in the calendar year used to calculate apportionments to airport sponsors in a fiscal year. (F) Special rule for fiscal year 2024.— Notwithstanding any other provision of this paragraph or the absence of scheduled passenger service at an airport, the Secretary shall apportion in fiscal year 2024 to the sponsor of an airport an amount based on the number of passenger boardings at the airport during whichever of the following years that would result in the highest apportioned amount under this paragraph: (i) Calendar year 2018. (ii) Calendar year 2019. (iii) The prior full calendar year prior to fiscal year 2024. (2) Cargo airports.— (A) Apportionment.— Subject to subparagraph (D), the Secretary shall apportion an amount equal to 4 percent of the amount subject to apportionment each fiscal year to the sponsors of airports served by aircraft providing air transportation of only cargo with a total annual landed weight of more than 25,000,000 pounds. (B) Suballocation formula.— Any funds apportioned under subparagraph (A) to sponsors of airports described in subparagraph (A) shall be allocated among those airports in the proportion that the total annual landed weight of aircraft described in subparagraph (A) landing at each of those airports bears to the total annual landed weight of those aircraft landing at all those airports. (C) Distribution to other airports.— Before apportioning amounts to the sponsors of airports under subparagraph (A) for a fiscal year, the Secretary may set-aside a portion of such amounts for distribution to the sponsors...

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  • § 47115 Discretionary fund Amends

    49 U.S.C. § 47115 — at 47115(i) and 47115(j)(4)(A)

    The law today

    (a) Existence and Amounts in Fund.— The Secretary of Transportation has a discretionary fund. The fund consists of— (1) amounts subject to apportionment for a fiscal year that are not apportioned under section 47114(c)–(e) of this title; and (2) 12.5 percent of amounts not apportioned under section 47114 of this title because of section 47114(f). (b) Availability of Amounts.— Subject to subsection (c) of this section and section 47117(e) of this title, the fund is available for making grants for any purpose for which amounts are made available under section 48103 of this title that the Secretary considers most appropriate to carry out this subchapter. (c) Minimum Percentage for Primary and Reliever Airports.— At least 75 percent of the amount in the fund and distributed by the Secretary in a fiscal year shall be used for making grants— (1) to preserve and enhance capacity, safety, and security at primary and reliever airports; and (2) to carry out airport noise compatibility planning and programs at primary and reliever airports. (d) Considerations.— (1) For capacity enhancement projects.— In selecting a project for a grant to preserve and improve capacity funded in whole or in part from the fund, the Secretary shall consider— (A) the effect that the project will have on overall national transportation system capacity; (B) the benefit and cost of the project, including, in the case of a project at a reliever airport, the number of operations projected to be diverted from a primary airport to the reliever airport as a result of the project, as well as the cost savings projected to be realized by users of the local airport system; (C) the financial commitment from non-United States Government sources to preserve or improve airport capacity; (D) the airport improvement priorities of the States to the extent such priorities are not in conflict with subparagraphs (A) and (B); (E) the projected growth in the number of passengers or aircraft that will be using the airport at which the project will be carried out; and (F) the ability of the project to foster United States competitiveness in securing global air cargo activity at a United States airport. (2) For all projects.— In selecting a project for a grant under this section, the Secretary shall consider among other factors whether— (A) funding has been provided for all other projects qualifying for funding during the fiscal year under this chapter that have attained a higher score under the numerical priority system employed by the Secretary in administering the fund; and (B) the sponsor will be able to commence the work identified in the project application in the fiscal year in which the grant is made or within 6 months after the grant is made, whichever is later. (e) Waiving Percentage Requirement.— If the Secretary decides the Secretary cannot comply with the percentage requirement of subsection (c) of this section in a fiscal year because there are insufficient qualified grant applications to meet that percentage, the amount the Secretary determines will not be distributed as required by subsection (c) is available for obligation during the fiscal year without regard to the requirement. (f) Consideration of Diversion of Revenues in Awarding Discretionary Grants.— (1) General rule.— Subject to paragraph (2), in deciding whether or not to distribute funds to an airport from the discretionary funds established by subsection (a) of this section and section 47116 of this title, the Secretary shall consider as a factor militating against the distribution of such funds to the airport the fact that the airport is using revenues generated by the airport or by local taxes on aviation fuel for purposes other than capital or operating costs of the airport or the local airports system or other local facilities which are owned or operated by the owner or operator of the airport and directly and substantially related to the actual air transportation of passengers or property. (2) Require...

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  • § 47141 Compatible land use planning and projects by State and local governments Amends

    49 U.S.C. § 47141 — at 47141(f)

    The law today

    (a) In General.— The Secretary of Transportation may make grants, from amounts set aside under section 47117(e)(1)(A), to States and units of local government for development and implementation of land use compatibility plans and implementation of land use compatibility projects resulting from those plans for the purposes of making the use of land areas around large hub airports and medium hub airports compatible with aircraft operations. The Secretary may make a grant under this section for a land use compatibility plan or a project resulting from such plan only if— (1) the airport operator has not submitted a noise compatibility program to the Secretary under section 47504 or has not updated such program within the preceding 10 years; and (2) the land use plan or project meets the requirements of this section. (b) Eligibility.— In order to receive a grant under this section, a State or unit of local government must— (1) have the authority to plan and adopt land use control measures, including zoning, in the planning area in and around a large or medium hub airport; (2) enter into an agreement with the airport owner or operator that the development of the land use compatibility plan will be done cooperatively; and (3) provide written assurance to the Secretary that it will achieve, to the maximum extent possible, compatible land uses consistent with Federal land use compatibility criteria under section 47502(3) and that those compatible land uses will be maintained. (c) Assurances.— The Secretary shall require a State or unit of local government to which a grant may be made under this section for a land use plan or a project resulting from such plan to provide— (1) assurances satisfactory to the Secretary that the plan— (A) is reasonably consistent with the goal of reducing existing noncompatible land uses and preventing the introduction of additional noncompatible land uses; (B) addresses ways to achieve and maintain compatible land uses, including zoning, building codes, and any other land use compatibility measures under section 47504(a)(2) that are within the authority of the State or unit of local government to implement; (C) uses noise contours provided by the airport operator that are consistent with the airport operation and planning, including any noise abatement measures adopted by the airport operator as part of its own noise mitigation efforts; (D) does not duplicate, and is not inconsistent with, the airport operator’s noise compatibility measures for the same area; and (E) has been approved jointly by the airport owner or operator and the State or unit of local government; and (2) such other assurances as the Secretary determines to be necessary to carry out this section. (d) Guidelines.— The Secretary shall establish guidelines to administer this section in accordance with the purposes and conditions described in this section. The Secretary may require a State or unit of local government to which a grant may be made under this section to provide progress reports and other information as the Secretary determines to be necessary to carry out this section. (e) Eligible Projects.— The Secretary may approve a grant under this section to a State or unit of local government for a project resulting from a land use compatibility plan only if the Secretary is satisfied that the project is consistent with the guidelines established by the Secretary under this section, the State or unit of local government has provided the assurances required by this section, the State or unit of local government has implemented (or has made provision to implement) those elements of the plan that are not eligible for Federal financial assistance, and that the project is not inconsistent with applicable Federal Aviation Administration standards. (f) Sunset.— This section shall not be in effect after May 10, 2024.

    10 other bills also change this section · Follow it → Official text at uscode.house.gov ↗

  • § 47143 Non-movement area surveillance surface display systems pilot program Amends

    49 U.S.C. § 47143 — at 47143(c)

    The law today

    (a) In General.— The Administrator of the Federal Aviation Administration may carry out a pilot program to support non-Federal acquisition and installation of qualifying non-movement area surveillance surface display systems and sensors if— (1) the Administrator determines that such systems and sensors would improve safety or capacity in the National Airspace System; and (2) the non-movement area surveillance surface display systems and sensors supplement existing movement area systems and sensors at the selected airports established under other programs administered by the Administrator. (b) Project Grants.— (1) In general.— For purposes of carrying out the pilot program, the Administrator may make a project grant out of funds apportioned under paragraph (1) or paragraph (2) of section 47114(c) to not more than 5 eligible sponsors to acquire and install qualifying non-movement area surveillance surface display systems and sensors. The airports selected to participate in the pilot program shall have existing Administration movement area systems and airlines that are participants in Federal Aviation Administration’s airport collaborative decision-making process. (2) Data exchange processes.— As part of the pilot program carried out under this section, the Administrator may establish data exchange processes to allow airport participation in the Administration’s airport collaborative decision-making process and fusion of the non-movement surveillance data with the Administration’s movement area systems. (c) Sunset.— This section shall cease to be effective on October 1, 2028. (d) Definitions.— In this section: (1) Non-movement area.— The term “non-movement area” means the portion of the airfield surface that is not under the control of air traffic control. (2) Non-movement area surveillance surface display systems and sensors.— The term “non-movement area surveillance surface display systems and sensors” means a non-Federal surveillance system that uses on-airport sensors that track vehicles or aircraft that are equipped with transponders in the non-movement area. (3) Qualifying non-movement area surveillance surface display system and sensors.— The term “qualifying non-movement area surveillance surface display system and sensors” means a non-movement area surveillance surface display system that— (A) provides the required transmit and receive data formats consistent with the National Airspace System architecture at the appropriate service delivery point; (B) is on-airport; and (C) is airport operated.

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Airport and airway trust fund authorizations · 49 U.S.C. ch. 481 4 sections
  • § 48101 Air navigation facilities and equipment Amends

    49 U.S.C. § 48101 — at 48101(a)

    The law today

    (a) General Authorization of Appropriations.— Not more than a total of the following amounts may be appropriated to the Secretary of Transportation out of the Airport and Airway Trust Fund established under section 9502 of the Internal Revenue Code of 1986 (26 U.S.C. 9502) to acquire, establish, and improve air navigation facilities under section 44502(a)(1)(A) of this title: (1) $3,191,250,000 for fiscal year 2024. (2) $3,575,000,000 for fiscal year 2025. (3) $3,625,000,000 for fiscal year 2026. (4) $3,675,000,000 for fiscal year 2027. (5) $3,725,000,000 for fiscal year 2028. (b) Availability of Amounts.— Amounts appropriated under this section remain available until expended. (c) Authorized Expenditures.— Of the amounts appropriated under subsection (a), such sums as may be necessary may be used for the following: (1) The implementation and use of upgrades to the current automated surface observation system/automated weather observing system, if the upgrade is successfully demonstrated. (2) The acquisition and construction of remote towers (as defined in section 161 of the FAA Reauthorization Act of 2018). (3) The remediation and elimination of identified cybersecurity vulnerabilities in the air traffic control system. (4) The construction of facilities dedicated to improving the cybersecurity of the National Airspace System. (5) Systems associated with the Data Communications program. (6) The infrastructure, sustainment, and the elimination of the deferred maintenance backlog of air navigation facilities and other facilities for which the Federal Aviation Administration is responsible. (7) The modernization and digitization of the Civil Aviation Registry. (8) The construction of necessary Priority 1 National Airspace System facilities. (9) Cost-beneficial construction, rehabilitation, or retrofitting programs designed to reduce Federal Aviation Administration facility operating costs. (d) Life-Cycle Cost Estimates.— The Administrator of the Federal Aviation Administration shall establish life-cycle cost estimates for any air traffic control modernization project the total life-cycle costs of which equal or exceed $50,000,000.

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  • § 48102 Research and development Amends

    49 U.S.C. § 48102 — at 48102(a)

    The law today

    (a) Authorization of Appropriations.— Not more than the following amounts may be appropriated to the Secretary of Transportation out of the Airport and Airway Trust Fund established under section 9502 of the Internal Revenue Code of 1986 (26 U.S.C. 9502) for conducting civil aviation research and development under sections 44504, 44505, 44507, 44509, and 44511–44513 of this title: (1) for fiscal year 2004, $346,317,000, including— (A) $65,000,000 for Improving Aviation Safety; (B) $24,000,000 for Weather Safety Research; (C) $27,500,000 for Human Factors and Aeromedical Research; (D) $30,000,000 for Environmental Research and Development, of which $20,000,000 shall be for research activities related to reducing community exposure to civilian aircraft noise or emissions; (E) $7,000,000 for Research Mission Support; (F) $10,000,000 for the Airport Cooperative Research Program; (G) $1,500,000 for carrying out subsection (h) of this section; (H) $42,800,000 for Advanced Technology Development and Prototyping; (I) $30,300,000 for Safe Flight 21; (J) $90,800,000 for the Center for Advanced Aviation System Development; (K) $9,667,000 for Airports Technology-Safety; and (L) $7,750,000 for Airports Technology-Efficiency; (2) for fiscal year 2005, $356,192,000, including— (A) $65,705,000 for Improving Aviation Safety; (B) $24,260,000 for Weather Safety Research; (C) $27,800,000 for Human Factors and Aeromedical Research; (D) $30,109,000 for Environmental Research and Development, of which $20,000,000 shall be for research activities related to reducing community exposure to civilian aircraft noise or emissions; (E) $7,076,000 for Research Mission Support; (F) $10,000,000 for the Airport Cooperative Research Program; (G) $1,650,000 for carrying out subsection (h) of this section; (H) $43,300,000 for Advanced Technology Development and Prototyping; (I) $31,100,000 for Safe Flight 21; (J) $95,400,000 for the Center for Advanced Aviation System Development; (K) $2,200,000 for Free Flight Phase 2; (L) $9,764,000 for Airports Technology-Safety; and (M) $7,828,000 for Airports Technology-Efficiency; (3) for fiscal year 2006, $352,157,000, including— (A) $66,447,000 for Improving Aviation Safety; (B) $24,534,000 for Weather Safety Research; (C) $28,114,000 for Human Factors and Aeromedical Research; (D) $30,223,000 for Environmental Research and Development, of which $20,000,000 shall be for research activities related to reducing community exposure to civilian aircraft noise or emissions; (E) $7,156,000 for Research Mission Support; (F) $10,000,000 for the Airport Cooperation Research Program; (G) $1,815,000 for carrying out subsection (h) of this section; (H) $42,200,000 for Advanced Technology Development and Prototyping; (I) $23,900,000 for Safe Flight 21; (J) $100,000,000 for the Center for Advanced Aviation System Development; (K) $9,862,000 for Airports Technology-Safety; and (L) $7,906,000 for Airports Technology-Efficiency; (4) for fiscal year 2007, $356,261,000, including— (A) $67,244,000 for Improving Aviation Safety; (B) $24,828,000 for Weather Safety Research; (C) $28,451,000 for Human Factors and Aeromedical Research; (D) $30,586,000 for Environmental Research and Development, of which $20,000,000 shall be for research activities related to reducing community exposure to civilian aircraft noise or emissions; (E) $7,242,000 for Research Mission Support; (F) $10,000,000 for the Airport Cooperation Research Program; (G) $1,837,000 for carrying out subsection (h) of this section; (H) $42,706,000 for Advanced Technology Development and Prototyping; (I) $24,187,000 for Safe Flight 21; (J) $101,200,000 for the Center for Advanced Aviation System Development; (K) $9,980,000 for Airports Technology-Safety; and (L) $8,000,000 for Airports Technology-Efficiency; (5) $171,000,000 for fiscal year 2009; (6) $190,500,000 for fiscal year 2010; (7) $170,000,000 for fiscal year 2011; (8) $168,000,000 for each of fiscal years 2012 through 2015; (...

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  • § 48103 Airport planning and development and noise compatibility planning and programs Amends

    49 U.S.C. § 48103 — at 48103(a)

    The law today

    (a) In General.— There shall be available to the Secretary of Transportation out of the Airport and Airway Trust Fund established under section 9502 of the Internal Revenue Code of 1986 to make grants for airport planning and airport development under section 47104, airport noise compatibility planning under section 47505(a)(2), and carrying out noise compatibility programs under section 47504(c)— (1) $3,350,000,000 for fiscal year 2018; (2) $3,350,000,000 for fiscal year 2019; (3) $3,350,000,000 for fiscal year 2020; (4) $3,350,000,000 for fiscal year 2021; (5) $3,350,000,000 for fiscal year 2022; (6) $3,350,000,000 for fiscal year 2023; (7) $3,350,000,000 for fiscal year 2024; (8) $4,000,000,000 for fiscal year 2025; (9) $4,000,000,000 for fiscal year 2026; (10) $4,000,000,000 for fiscal year 2027; and (11) $4,000,000,000 for fiscal year 2028. (b) Availability of Amounts.— Amounts made available under subsection (a) shall remain available until expended.

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  • § 48105 Weather reporting services Amends

    49 U.S.C. § 48105

    The law today

    To sustain the aviation weather reporting programs of the Federal Aviation Administration, the Secretary of Transportation may expend from amounts available under section 48104 of this title not more than the following amounts: (1) for the fiscal year ending September 30, 1993, $35,596,000. (2) for the fiscal year ending September 30, 1994, $37,800,000. (3) for the fiscal year ending September 30, 1995, $39,000,000. (4) $39,000,000 for each of fiscal years 2019 through 2023. (5) $60,000,000 for each of fiscal years 2024 through 2028.

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Commercial space launch activities · 51 U.S.C. ch. 509 1 section
  • § 50905 License applications and requirements Amends

    51 U.S.C. § 50905 — at 50905(c)(9)

    The law today

    (a) Applications.— (1) A person may apply to the Secretary of Transportation for a license or transfer of a license under this chapter in the form and way the Secretary prescribes. Consistent with the public health and safety, safety of property, and national security and foreign policy interests of the United States, the Secretary, not later than 180 days after accepting an application in accordance with criteria established pursuant to subsection (b)(2)(D),1 shall issue or transfer a license if the Secretary decides in writing that the applicant complies, and will continue to comply, with this chapter and regulations prescribed under this chapter. The Secretary shall inform the applicant of any pending issue and action required to resolve the issue if the Secretary has not made a decision not later than 120 days after accepting an application in accordance with criteria established pursuant to subsection (b)(2)(D).1 The Secretary shall transmit to the Committee on Science of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a written notice not later than 30 days after any occurrence when the Secretary has not taken action on a license application within the deadline established by this subsection. (2) In carrying out paragraph (1), the Secretary may establish procedures for safety approvals of launch vehicles, reentry vehicles, safety systems, processes, services, or personnel (including approval procedures for the purpose of protecting the health and safety of crew, government astronauts, and space flight participants, to the extent permitted by subsections (b) and (c)) that may be used in conducting licensed commercial space launch or reentry activities. (b) Requirements.— (1) Except as provided in this subsection, all requirements of the laws of the United States applicable to the launch of a launch vehicle or the operation of a launch site or a reentry site, or the reentry of a reentry vehicle, are requirements for a license or permit under this chapter. (2) The Secretary may prescribe— (A) any term necessary to ensure compliance with this chapter, including on-site verification that a launch, operation, or reentry complies with representations stated in the application; (B) any additional requirement necessary to protect the public health and safety, safety of property, national security interests, and foreign policy interests of the United States; (C) by regulation that a requirement of a law of the United States not be a requirement for a license or permit if the Secretary, after consulting with the head of the appropriate executive agency, decides that the requirement is not necessary to protect the public health and safety, safety of property, and national security and foreign policy interests of the United States; (D) additional license requirements, for a launch vehicle carrying a human being for compensation or hire, necessary to protect the health and safety of crew, government astronauts, or space flight participants, only if such requirements are imposed pursuant to final regulations issued in accordance with subsection (c); and (E) regulations establishing criteria for accepting or rejecting an application for a license or permit under this chapter within 60 days after receipt of such application. (3) The Secretary may waive a requirement, including the requirement to obtain a license, for an individual applicant if the Secretary decides that the waiver is in the public interest and will not jeopardize the public health and safety, safety of property, and national security and foreign policy interests of the United States. The Secretary may not grant a waiver under this paragraph that would permit the launch or reentry of a launch vehicle or a reentry vehicle without a license or permit if a human being will be on board. (4) The holder of a license or a permit under this chapter may launch or reenter crew only if— (A) the crew has received training and h...

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Also cites: 6 U.S.C. § 1525, 7 U.S.C. § 1636i, 10 U.S.C. § 714, 21 U.S.C. § 21, 21 U.S.C. § 379j, 22 U.S.C. § 2412, 22 U.S.C. § 2680, 22 U.S.C. § 6212, 22 U.S.C. § 7703, 31 U.S.C. § 1513, 42 U.S.C. § 254b, 42 U.S.C. § 254c and 5 more

Action History

  1. Introduced in House

  2. Introduced in House

  3. Referred to the Committee on Appropriations, and in addition to the Committees on the Budget, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

  4. Referred to the Committee on Appropriations, and in addition to the Committees on the Budget, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

  5. Referred to the Committee on Appropriations, and in addition to the Committees on the Budget, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

  6. Ms. Granger moved to suspend the rules and pass the bill, as amended.

  7. Ms. Granger moved to suspend the rules and pass the bill. H.R. 5860 "Making continuing appropriations for fiscal year 2024, and for other purposes."

  8. Considered under suspension of the rules. (consideration: CR H4915-4926)

  9. DEBATE - The House proceeded with forty minutes of debate on H.R. 5860.

  10. DEBATE - The House resumed debate on H.R. 5860. (consideration: CR H4927-4933)

  11. ORDER OF PROCEDURE - Mr. Diaz-Balart asked unanimous consent for an additional 10 minutes of debate on each side of the aisle. Agreed to without objection.

  12. Mr. Diaz-Balart asked unanimous consent that the text of H.R. 5860 be modified by the amendment placed at the desk. Agreed to without objection.

  13. Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 335 - 91 (Roll no. 513). (text: CR H4915-4923)

  14. On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 335 - 91 (Roll no. 513). (text: CR H4915-4923)

  15. Motion to reconsider laid on the table Agreed to without objection.

  16. Passed/agreed to in Senate: Received in the Senate, read twice, considered, read the third time, and passed, under the order of 9/30/23, having achieved 60 votes in the affirmative, without amendment by Yea-Nay Vote. 88 - 9. Record Vote Number: 247.(consideration: CR S4887-4888)

  17. Received in the Senate, read twice, considered, read the third time, and passed, under the order of 9/30/23, having achieved 60 votes in the affirmative, without amendment by Yea-Nay Vote. 88 - 9. Record Vote Number: 247. (consideration: CR S4887-4888)

  18. Message on Senate action sent to the House.

  19. Presented to President.

  20. Presented to President.

  21. Signed by President.

  22. Signed by President.

  23. Became Public Law No: 118-15.

  24. Became Public Law No: 118-15.

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 546 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (546)

546 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Subjects

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Frequently asked questions

What does HR 5860 do?
Making continuing appropriations for fiscal year 2024, and for other purposes.
Who sponsors HR 5860?
HR 5860 is sponsored by Granger, Kay (Republican).
What is the current status of HR 5860?
This bill has been enacted into law. Introduced September 30, 2023. Enacted.
Where can I track HR 5860?
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