Public Law 118–35: Making further continuing appropriations for the fiscal year ending September 30, 2024, and for other purposes.

public-law-118-35Public Law 118-35Statute

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PUBLIC LAW 118–35—JAN. 19, 2024
138 STAT. 3
Public Law
118–35
118th Congress
An Act
Making further continuing appropriations for the fiscal year ending September 30, 2024, and for other purposes.

Jan. 19, 2024

[H.R. 2872]

  Be it enacted by the Senate and House of Representa­tives of the United States of America in Congress assembled,

Further Additional Continuing Appropriations and Other Extensions Act, 2024.
SECTION 1.

SHORT TITLE.

  This Act may be cited as the “
Further Additional Continuing Appropriations and Other Extensions Act, 2024
”.
SEC. 2.

TABLE OF CONTENTS.

  The table of contents of this Act is as follows:

Sec. 1. 
Short Title.
Sec. 2. 
Table of Contents.
Sec. 3. 
References.
DIVISION A—

FURTHER ADDITIONAL CONTINUING APPROPRIATIONS ACT, 2024

DIVISION B—
OTHER MATTERS
Title I—
Health and Human Services
Title lI—
Compacts
Title lII—
Counter-UAS Authorities
Title IV—
Budgetary Effects
SEC. 3.

REFERENCES.

  Except as expressly provided otherwise, any reference to “this Act” contained in any division of this Act shall be treated as referring only to the provisions of that division.
DIVISION A—

Further Additional Continuing Appropriations Act, 2024.

Apportionment.

FURTHER ADDITIONAL CONTINUING APPROPRIATIONS ACT, 2024

Sec. 101.
The Continuing Appropriations Act, 2024 (division A of Public Law 118–15) is further amended—
(1)

137 Stat. 112.

by
striking
the date specified in section 106(3) and
inserting
“March 8, 2024”;
(2)

137 Stat. 112.

by
striking
the date specified in section 106(4) and
inserting
“March 1, 2024”;
(3)

18 USC 3551 note.

in section 123, by
striking
“94 days” and
inserting
“129 days” and by
striking
“94-day” and
inserting
“129-day”;
(4)

137 Stat. 113.

in section 124, by
striking
“$663,070,000” and
inserting
“$2,199,260,000”; and
(5)

137 Stat. 114.

by
adding
after section 146 the following new sections:
“Sec. 147.
(a)
Amounts made available by section 101 for ‘Department of Energy—Atomic Energy Defense Activities—National Nuclear Security Administration—Weapons Activities’ may be apportioned up to the rate for operations necessary to 138 STAT. 4 mitigate issuing WARN notices for ‘06–D–141 Uranium Processing Facility, Y–12’ in an amount not to exceed $760,000,000.
“(b)

Notification.

Reports.

The Director of the Office of Management and Budget shall notify the Committees on Appropriations of the House of Representatives and the Senate not later than 3 days after each use of the authority provided in this section, and the Secretary of Energy shall provide a weekly report to the Committees specifying the obligations incurred for the purposes specified in subsection (a) with amounts made available in this Act.
“Sec. 148.
Amounts made available by section 101 for ‘Department of Transportation—Federal Aviation Administration—Operations’ may be apportioned up to the rate for operations necessary to fund mandatory pay increases and other inflationary adjustments, to maintain and improve air traffic services, to hire and train air traffic controllers, and to continue aviation safety oversight, while avoiding service reductions.”
.

   This division may be cited as the “

Further Additional Continuing Appropriations Act, 2024
”.

DIVISION B—

OTHER MATTERS

TITLE I—

HEALTH AND HUMAN SERVICES

Subtitle A—

Time periods.

Public Health Extenders

SEC. 101.

EXTENSION FOR COMMUNITY HEALTH CENTERS, NATIONAL HEALTH SERVICE CORPS, AND TEACHING HEALTH CENTERS THAT OPERATE GME PROGRAMS.

(a)

Teaching Health Centers That Operate Graduate Medical Education Programs.—

Section 340H(g)(1) of the Public Health Service Act (42 U.S.C. 256h(g))
is amended
by
striking
“and $21,834,247 for the period beginning on November 18, 2023, and ending on January 19, 2024” and
inserting
“$21,834,247 for the period beginning on November 18, 2023, and ending on January 19, 2024, and $16,982,192 for the period beginning on January 20, 2024, and ending on March 8, 2024”.
(b)

Extension for Community Health Centers.—

Section 10503(b)(1)(F) of the Patient Protection and Affordable Care Act (42 U.S.C. 254b–2(b)(1)(F))
is amended
by
striking
“and $690,410,959 for the period beginning on November 18, 2023, and ending on January 19, 2024” and
inserting
“$690,410,959 for the period beginning on November 18, 2023, and ending on January 19, 2024, and $536,986,301 for the period beginning on January 20, 2024, and ending on March 8, 2024”.
(c)

Extension for the National Health Service Corps.—

Section 10503(b)(2)(I) of the Patient Protection and Affordable Care Act (42 U.S.C. 254b–2(b)(2)(I))
is amended
by
striking
“and $53,506,849 for the period beginning on November 18, 2023, and ending on January 19, 2024” and
inserting
“$53,506,849 for the period beginning on November 18, 2023, and ending on January 19, 2024, and $41,616,438 for the period beginning on January 20, 2024, and ending on March 8, 2024”.
(d)

Requirements.

Application of Provisions.—

Amounts appropriated pursuant to the amendments made by this section shall be subject to 138 STAT. 5 the requirements contained in Public Law 117–328 for funds for programs authorized under sections 330 through 340 of the Public Health Service Act (42 U.S.C. 254b et seq.).
(e)

Conforming Amendment.—

Section 3014(h)(4) of title 18, United States Code,
is amended
by
striking
“and section 201(d) of the Further Continuing Appropriations and Other Extensions Act, 2024” and
inserting
“section 201(d) of the Further Continuing Appropriations and Other Extensions Act, 2024, and section 101(d) of the Further Additional Continuing Appropriations and Other Extensions Act, 2024”.
SEC. 102.

EXTENSION OF SPECIAL DIABETES PROGRAMS.

(a)

Extension of Special Diabetes Programs for Type I Diabetes.—

Section 330B(b)(2)(E) of the Public Health Service Act (42 U.S.C. 254c–2(b)(2)(E))
is amended
by
striking
“and $25,890,411 for the period beginning on November 18, 2023, and ending on January 19, 2024” and
inserting
“$25,890,411 for the period beginning on November 18, 2023, and ending on January 19, 2024, and $20,136,986 for the period beginning on January 20, 2024, and ending on March 8, 2024”.
(b)

Extending Funding for Special Diabetes Programs for Indians.—

Section 330C(c)(2)(E) of the Public Health Service Act (42 U.S.C. 254c–3(c)(2)(E))
is amended
by
striking
“and $25,890,411 for the period beginning on November 18, 2023, and ending on January 19, 2024” and
inserting
“$25,890,411 for the period beginning on November 18, 2023, and ending on January 19, 2024, and $20,136,986 for the period beginning on January 20, 2024, and ending on March 8, 2024”.
SEC. 103.

NATIONAL HEALTH SECURITY EXTENSIONS.

(a)
Section 319(e)(8) of the Public Health Service Act (42 U.S.C. 247d(e)(8))
is amended
by
striking
“January 19, 2024” and
inserting
“March 8, 2024”.
(b)
Section 319L(e)(1)(D) of the Public Health Service Act (42 U.S.C. 247d–7e(e)(1)(D))
is amended
by
striking
“January 19, 2024” and
inserting
“March 8, 2024”.
(c)
Section 319L–1(b) of the Public Health Service Act (42 U.S.C. 247d–7f(b))
is amended
by
striking
“January 19, 2024” and
inserting
“March 8, 2024”.
(d)
(1)
Section 2811A(g) of the Public Health Service Act (42 U.S.C. 300hh–10b(g))
is amended
by
striking
“January 19, 2024” and
inserting
“March 8, 2024”.
(2)
Section 2811B(g)(1) of the Public Health Service Act (42 U.S.C. 300hh–10c(g)(1))
is amended
by
striking
“January 19, 2024” and
inserting
“March 8, 2024”.
(3)
Section 2811C(g)(1) of the Public Health Service Act (42 U.S.C. 300hh–10d(g)(1))
is amended
by
striking
“January 19, 2024” and
inserting
“March 8, 2024”.
(e)
Section 2812(c)(4)(B) of the Public Health Service Act (42 U.S.C. 300hh–11(c)(4)(B))
is amended
by
striking
“January 19, 2024” and
inserting
“March 8, 2024”.138 STAT. 6
Subtitle B—

Medicaid

SEC. 121.

DELAYING CERTAIN DISPROPORTIONATE SHARE PAYMENT CUTS.

  Section 1923(f)(7)(A) of the Social Security Act (42 U.S.C. 1396r–4(f)(7)(A))
is amended
by
striking
“January 20, 2024” each place it appears and
inserting
“March 9, 2024”.
SEC. 122.

MEDICAID IMPROVEMENT FUND REDUCTION.

  Section 1941(b)(3)(A) of the Social Security Act (42 U.S.C. 1396w–1(b)(3)(A))
is amended
by
striking
“$5,796,117,810” and
inserting
“$5,140,428,729”.
Subtitle C—

Medicare

SEC. 131.

EXTENSION OF THE WORK GEOGRAPHIC INDEX FLOOR UNDER THE MEDICARE PROGRAM.

  Section 1848(e)(1)(E) of the Social Security Act (42 U.S.C. 1395w–4(e)(1)(E))
is amended
by
striking
“January 20, 2024” and
inserting
“March 9, 2024”.
SEC. 132.

MEDICARE IMPROVEMENT FUND.

  Section 1898(b)(1) of the Social Security Act (42 U.S.C. 1395iii(b)(1))
is amended
by
striking
“$2,250,795,056” and
inserting
“$2,197,795,056”.
Subtitle D—

Time periods.

Human Services

SEC. 141.

EXTENSION OF CHILD AND FAMILY SERVICES PROGRAMS.

  Activities authorized by part B of title IV of the Social Security Act shall continue through March 8, 2024, 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.
SEC. 142.

SEXUAL RISK AVOIDANCE EDUCATION EXTENSION.

  Section 510 of the Social Security Act (42 U.S.C. 710)
is amended
—
(1)
in subsection (a)(1)—
(A)
by
striking
“and” after “November 17, 2023,”; and
(B)
by
inserting
“and for the period beginning on January 20, 2024, and ending on March 8, 2024,” after “January 19, 2024,”; and
(2)
in subsection (f)(1)—
(A)
by
striking
“and” before “for the period beginning on November 18, 2023,”; and
(B)
by
striking
the period at the end and
inserting
“, and for the period beginning on January 20, 2024, and ending on March 8, 2024, an amount equal to the pro rata portion of the amount appropriated for the corresponding period for fiscal year 2023.”.
SEC. 143.

PERSONAL RESPONSIBILITY EDUCATION EXTENSION.

  Section 513 of the Social Security Act (42 U.S.C. 713)
is amended
—138 STAT. 7
(1)
in subsection (a)(1)—
(A)
in subparagraph (A), in the matter preceding clause (i)—
(i)
by
striking
“and” after “November 17, 2023,”; and
(ii)
by
inserting
“and for the period beginning on January 20, 2024, and ending on March 8, 2024,” after “January 19, 2024,”; and
(B)
in subparagraph (B)(i)—
(i)
by
striking
“and” after “November 17, 2023,”; and
(ii)
by
inserting
“, and for the period beginning on January 20, 2024, and ending on March 8, 2024” after “January 19, 2024”; and
(2)
in subsection (f)—
(A)
by
striking
“and” before “for the period beginning on November 18, 2023,”; and
(B)
by
striking
“fiscal year 2023.” and
inserting
“fiscal year 2023, and for the period beginning on January 20, 2024, and ending on March 8, 2024, an amount equal to the pro rata portion of the amount appropriated for the corresponding period for fiscal year 2023.”.
TITLE II—

COMPACTS

SEC. 201.

EXTENSION OF CERTAIN PROVISIONS OF THE COMPACTS OF FREE ASSOCIATION WITH THE FEDERATED STATES OF MICRONESIA AND THE REPUBLIC OF THE MARSHALL ISLANDS.

  Section 2101(a)(1) of the Continuing Appropriations Act, 2024 and Other Extensions Act (Public Law 118–15; 137 Stat. 81; 137 Stat. 114)
is amended
by
striking
“February 2, 2024” and
inserting
“March 8, 2024”.
TITLE III—

COUNTER-UAS AUTHORITIES

SEC. 301.

COUNTER-UAS AUTHORITIES.

  Section 210G(i) of the Homeland Security Act of 2002 (6 U.S.C. 124n(i))
is amended
by
striking
“February 3, 2024” and
inserting
“March 9, 2024”.
TITLE IV—

BUDGETARY EFFECTS

SEC. 401.

BUDGETARY EFFECTS.

(a)

Statutory PAYGO Scorecards.—

The budgetary effects of this division shall not be entered on either PAYGO scorecard maintained pursuant to section 4(d) of the Statutory Pay-As-You-Go Act of 2010.
(b)

Senate PAYGO Scorecards.—

The budgetary effects of this division shall not be entered on any PAYGO scorecard maintained for purposes of section 4106 of H. Con. Res. 71 (115th Congress).
(c)

Classification of Budgetary Effects.—

Notwithstanding Rule 3 of the Budget Scorekeeping Guidelines set forth in the 138 STAT. 8 joint explanatory statement of the committee of conference accompanying Conference Report 105–217 and section 250(c)(8) of the Balanced Budget and Emergency Deficit Control Act of 1985, the budgetary effects of this division shall not be estimated—
(1)
for purposes of section 251 of such Act;
(2)
for purposes of an allocation to the Committee on Appropriations pursuant to section 302(a) of the Congressional Budget Act of 1974; and
(3)
for purposes of paragraph (4)(C) of section 3 of the Statutory Pay-As-You-Go Act of 2010 as being included in an appropriation Act.
Approved January 19, 2024.

LEGISLATIVE HISTORY—H.R. 2872:

HOUSE REPORTS: ┐No. 118–198 (Comm. on Natural Resources).

CONGRESSIONAL RECORD:

Vol. 169 (2023):

Sept. 18, 20, considered and passed House.

Vol. 170 (2024):

Jan. 17, 18, considered and passed Senate, amended.

Jan. 18, House concurred in Senate amendment.

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