; and (2) to a prevailing plaintiff, reasonable attorneys’ fees and litigation costs. Relief in an action under this section may include money damages even if the defendant is a governmental entity. (f) Abrogation of State Immunity No State or governmental official that commits a designated violation shall be immune under the Tenth Amendment to the Constitution of the United States, the Eleventh Amendment to the Constitution of the United States, or any other source of law, from an action under subsection (a). . 248. None of the funds in this Act may be used to issue or implement as a final rule the proposed rule entitled Nondiscrimination in Health Programs and Activities published by the Department of Health and Human Services in the Federal Register on August 4, 2022 (87 Fed. Reg. 47824) (relating to section 1557 of the Affordable Care Act) or any successor or substantially similar rule. This title may be cited as the Department of Health and Human Services Appropriations Act, 2024 . III DEPARTMENT OF EDUCATION Office of Elementary and Secondary Education EDUCATION FOR THE DISADVANTAGED For carrying out title I and subpart 2 of part B of title II of the Elementary and Secondary Education Act of 1965 (referred to in this Act as ESEA ) and section 418A of the Higher Education Act of 1965 (referred to in this Act as HEA ), $13,055,290,000, of which $2,126,990,000 shall become available on July 1, 2024, and shall remain available through September 30, 2025, and of which $10,841,177,000 shall become available on October 1, 2024, and shall remain available through September 30, 2025, for academic year 2024–2025: Provided, That $1,906,901,000 shall be for basic grants under section 1124 of the ESEA: Provided further, That up to $5,000,000 of these funds shall be available to the Secretary of Education (referred to in this title as Secretary ) on October 1, 2023, to obtain annually updated local educational agency-level census poverty data from the Bureau of the Census: Provided further, That $1,362,301,000 shall be