Act — H. R. 8294, Transportation, Housing and Urban Development and Related Appropriations, FY 2023 (Senate, 2022)
Summary
H. R. 8294 is an Act making appropriations for the Departments of Transportation, and Housing and Urban Development, and related agencies for the fiscal year ending September 30, 2023, and for other purposes. It prints that in the Senate of the United States on July 26, 2022, it was received, read twice and referred to the Committee on Appropriations. Section 1 gives the short title as the Transportation, Housing and Urban Development, Agriculture, Rural Development, Energy and Water Development, Financial Services and General Government, Interior, Environment, Military Construction, and Veterans Affairs Appropriations Act, 2023. Section 3 treats references to a report accompanying the Act in division A as references to House Report 117–402.
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Cite this document
“Act — H. R. 8294, Transportation, Housing and Urban Development and Related Appropriations, FY 2023 (Senate, 2022).”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/bills-bills-117hr8294rfs-bills-117hr8294rfs/
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IIB
117TH CONGRESS
2D SESSION
H. R. 8294
IN THE SENATE OF THE UNITED STATES
JULY 26, 2022
Received; read twice and referred to the Committee on Appropriations
AN ACT
Making appropriations for the Departments of Transpor-
tation, and Housing and Urban Development, and re-
lated agencies for the fiscal year ending September 30,
2023, and for other purposes.
1 Be it enacted by the Senate and House of Representa-
2 tives of the United States of America in Congress assembled,
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1 SECTION 1. SHORT TITLE.
2 This Act may be cited as the ‘‘Transportation, Hous-
3 ing and Urban Development, Agriculture, Rural Develop-
4 ment, Energy and Water Development, Financial Services
5 and General Government, Interior, Environment, Military
6 Construction, and Veterans Affairs Appropriations Act,
7 2023’’.
8 SEC. 2. REFERENCES TO ACT.
9 Except as expressly provided otherwise, any reference
10 to ‘‘this Act’’ contained in any division of this Act shall
11 be treated as referring only to the provisions of that divi-
12 sion.
13 SEC. 3. REFERENCES TO REPORT.
14 (a) TRANSPORTATION, HOUSING AND URBAN DE-
15 VELOPMENT, AND RELATED AGENCIES APPROPRIATIONS
16 ACT, 2023.—Any reference to a ‘‘report accompanying
17 this Act’’ contained in division A of this Act shall be treat-
18 ed as a reference to House Report 117–402. The effect
19 of such Report shall be limited to division A and shall
20 apply for purposes of determining the allocation of funds
21 provided by, and the implementation of, division A.
22 (b) AGRICULTURE, RURAL DEVELOPMENT, FOOD
23 AND DRUG ADMINISTRATION, AND RELATED AGENCIES
24 APPROPRIATIONS ACT, 2023.—Any reference to a ‘‘report
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25 accompanying this Act’’ contained in division B of this Act
26 shall be treated as a reference to House Report 117–392.
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1 The effect of such Report shall be limited to division B
2 and shall apply for purposes of determining the allocation
3 of funds provided by, and the implementation of, division
4 B.
5 (c) ENERGY AND WATER DEVELOPMENT AND RE-
6 LATED AGENCIES APPROPRIATIONS ACT, 2023.—Any ref-
7 erence to a ‘‘report accompanying this Act’’ contained in
8 division C of this Act shall be treated as a reference to
9 House Report 117–394. The effect of such Report shall
10 be limited to division C and shall apply for purposes of
11 determining the allocation of funds provided by, and the
12 implementation of, division C.
13 (d) FINANCIAL SERVICES AND GENERAL GOVERN-
14 MENT APPROPRIATIONS ACT, 2023.—Any reference to a
15 ‘‘report accompanying this Act’’ contained in division D
16 of this Act shall be treated as a reference to House Report
17 117–393. The effect of such Report shall be limited to
18 division D and shall apply for purposes of determining the
19 allocation of funds provided by, and the implementation
20 of, division D.
21 (e) DEPARTMENT OF THE INTERIOR, ENVIRONMENT,
22 AND RELATED AGENCIES APPROPRIATIONS ACT, 2023.—
23 Any reference to a ‘‘report accompanying this Act’’ con-
24 tained in division E of this Act shall be treated as a ref-
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25 erence to House Report 117–400. The effect of such Re-
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1 port shall be limited to division E and shall apply for pur-
2 poses of determining the allocation of funds provided by,
3 and the implementation of, division E.
4 (f) MILITARY CONSTRUCTION, VETERANS AFFAIRS,
5 AND RELATED AGENCIES APPROPRIATIONS ACT, 2023.—
6 Any reference to a ‘‘report accompanying this Act’’ con-
7 tained in division F of this Act shall be treated as a ref-
8 erence to House Report 117–391. The effect of such Re-
9 port shall be limited to division F and shall apply for pur-
10 poses of determining the allocation of funds provided by,
11 and the implementation of, division F.
12 SEC. 4. STATEMENT OF APPROPRIATIONS.
13 The following sums in this Act are appropriated, out
14 of any money in the Treasury not otherwise appropriated,
15 for the fiscal year ending September 30, 2023.
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1 DIVISION A—TRANSPORTATION,
2 HOUSING AND URBAN DEVEL-
3 OPMENT, AND RELATED
4 AGENCIES APPROPRIATIONS
5 ACT, 2023
6 TITLE I
7 DEPARTMENT OF TRANSPORTATION
8 OFFICE OF THE SECRETARY
9 SALARIES AND EXPENSES
10 For necessary expenses of the Office of the Secretary,
11 $176,000,000 (increased by $1,000,000) (reduced by
12 $1,000,000) (reduced by $2,000,000): Provided, That of
13 the sums appropriated under this heading—
14 (1) $3,569,000 shall be available for the imme-
15 diate Office of the Secretary;
16 (2) $1,277,000 shall be available for the imme-
17 diate Office of the Deputy Secretary;
18 (3) $27,089,000 (reduced by $1,000,000) shall
19 be available for the Office of the General Counsel;
20 (4) $17,400,000 shall be available for the Office
21 of the Under Secretary of Transportation for Policy;
22 (5) $21,026,000 shall be available for the Office
23 of the Assistant Secretary for Budget and Pro-
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24 grams;
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1 (6) $3,968,000 shall be available for the Office
2 of the Assistant Secretary for Governmental Affairs;
3 (7) $42,402,000 shall be available for the Office
4 of the Assistant Secretary for Administration;
5 (8) $5,727,000 shall be available for the Office
6 of Public Affairs and Public Engagement;
7 (9) $2,312,000 shall be available for the Office
8 of the Executive Secretariat;
9 (10) $18,533,000 shall be available for the Of-
10 fice of Intelligence, Security, and Emergency Re-
11 sponse;
12 (11) $29,195,000 (reduced by $1,000,000)
13 shall be available for the Office of the Chief Infor-
14 mation Officer;
15 (12) $1,500,000 shall be available for the Office
16 of Tribal Government Affairs; and
17 (13) $2,000,000 shall be available for the Office
18 of Multimodal Freight Infrastructure and Policy:
19 Provided further, That the Secretary of Transportation
20 (referred to in this title as the ‘‘Secretary’’) is authorized
21 to transfer funds appropriated for any office of the Office
22 of the Secretary to any other office of the Office of the
23 Secretary: Provided further, That no appropriation for any
24 office shall be increased or decreased by more than 7 per-
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25 cent by all such transfers: Provided further, That any
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1 change in funding greater than 7 percent shall be subject
2 to the requirements of section 405 of this Act: Provided
3 further, That not to exceed $70,000 shall be for allocation
4 within the Department for official reception and represen-
5 tation expenses as the Secretary may determine: Provided
6 further, That notwithstanding any other provision of law,
7 there may be credited to this appropriation up to
8 $2,500,000 in funds received in user fees.
9 RESEARCH AND TECHNOLOGY
10 For necessary expenses related to the Office of the
11 Assistant Secretary for Research and Technology,
12 $66,963,000 (reduced by $15,000,000) (increased by
13 $15,000,000), of which $52,780,000 shall remain avail-
14 able until expended: Provided, That there may be credited
15 to this appropriation, to be available until expended, funds
16 received from States, counties, municipalities, other public
17 authorities, and private sources for expenses incurred for
18 training: Provided further, That any reference in law, reg-
19 ulation, judicial proceedings, or elsewhere to the Research
20 and Innovative Technology Administration shall continue
21 to be deemed to be a reference to the Office of the Assist-
22 ant Secretary for Research and Technology of the Depart-
23 ment of Transportation.
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1 NATIONAL INFRASTRUCTURE INVESTMENTS
2 (INCLUDING TRANSFER OF FUNDS)
3 For necessary expenses to carry out section 6702 of
4 title 49, United States Code, $775,000,000 (increased by
5 $2,000,000) (increased by $1,000,000) (reduced by
6 $1,000,000), to remain available until expended: Provided,
7 That section 6702(f)(2) of title 49, United States Code,
8 shall not apply to amounts made available under this
9 heading in this Act: Provided further, That of amounts
10 made available under this heading in this Act, not less
11 than $30,000,000 (increased by $1,000,000) shall be
12 awarded to projects in historically disadvantaged commu-
13 nities or areas of persistent poverty as such term is de-
14 fined under section 6702(a)(1) of title 49, United States
15 Code: Provided further, That section 6702(g) of title 49,
16 United States Code, shall not apply to amounts made
17 available under this heading in this Act: Provided further,
18 That of the amounts made available under this heading
19 in this Act not less than 5 percent shall be made available
20 for the planning, preparation, or design of eligible projects
21 and shall prioritize transit, transit oriented development,
22 multimodal, intercity passenger rail, and pedestrian
23 projects: Provided further, That grants awarded under this
24 heading in this Act for eligible projects for planning, prep-
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25 aration, or design shall not be subject to a minimum grant
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1 size: Provided further, That in distributing amounts made
2 available under this heading in this Act, the Secretary
3 shall take such measures so as to ensure an equitable geo-
4 graphic distribution of funds, an appropriate balance in
5 addressing the needs of urban and rural areas, including
6 Tribal areas, and the investment in a variety of transpor-
7 tation modes: Provided further, That section
8 6702(c)(2)(C) of title 49, United States Code, shall not
9 apply to amounts made available under this heading in
10 this Act: Provided further, That a grant award under this
11 heading in this Act shall be not greater than $50,000,000:
12 Provided further, That section 6702(c)(3) of title 49,
13 United States Code, shall not apply to amounts made
14 available under this heading in this Act: Provided further,
15 That not more than 15 percent of the amounts made avail-
16 able under this heading in this Act may be awarded to
17 projects in a single state: Provided further, That for
18 amounts made available under this heading in this Act,
19 the Secretary shall give priority to projects that require
20 a contribution of Federal funds in order to complete an
21 overall financing package: Provided further, That section
22 6702(f)(1) of title 49, United States Code, shall not apply
23 to amounts made available under this heading in this Act:
24 Provided further, That of the amounts awarded under this
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25 heading in this Act, not more than 50 percent shall be
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1 allocated for eligible projects located in rural areas and
2 not more than 50 percent shall be allocated for eligible
3 projects located in urbanized areas: Provided further, That
4 for the purpose of determining if an award for planning,
5 preparation, or design under this heading in this Act is
6 an urban award, the project location is the location of the
7 project being planned, prepared, or designed: Provided fur-
8 ther, That the Secretary shall apply to projects under this
9 heading the Federal requirements that the Secretary de-
10 termines are appropriate based on the purpose of the Na-
11 tional Infrastructure Investments program, the require-
12 ments expressly stated under this heading, the require-
13 ments expressly stated in chapter 67 of title 49, United
14 States Code, and the Federal requirements applicable to
15 comparable projects supported by other Department of
16 Transportation financial assistance programs, including
17 domestic preference requirements, contracting opportuni-
18 ties for small and disadvantaged businesses, and labor
19 practices: Provided further, That the Secretary may retain
20 up to 2 percent of the amounts made available under this
21 heading in this Act, and may transfer portions of such
22 amounts to the Administrators of the Federal Aviation
23 Administration, the Federal Highway Administration, the
24 Federal Transit Administration, the Federal Railroad Ad-
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25 ministration and the Maritime Administration to fund the
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1 award and oversight of grants and credit assistance made
2 under the program authorized under section 6702 of title
3 49, United States Code: Provided further, That for
4 amounts made available under this heading in this Act,
5 the Secretary shall consider and award projects based sole-
6 ly on the selection criteria as identified under paragraphs
7 (3) and (4) of section 6702(d) of title 49, United States
8 Code.
9 THRIVING COMMUNITIES INITIATIVE
10 (INCLUDING TRANSFER OF FUNDS)
11 For necessary expenses for a thriving communities
12 program, $100,000,000, to remain available until Sep-
13 tember 30, 2025: Provided, That the Secretary of Trans-
14 portation shall make such amounts available for technical
15 assistance and cooperative agreements to develop and im-
16 plement technical assistance, planning, and capacity build-
17 ing to improve and foster thriving communities through
18 transportation improvements: Provided further, That the
19 Secretary may enter into cooperative agreements with
20 philanthropic entities, non-profit organizations, other Fed-
21 eral agencies, state or local governments and their agen-
22 cies, Indian Tribes, or other technical assistance providers,
23 to provide such technical assistance, planning, and capac-
24 ity building to state, local, or Tribal governments, United
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25 States territories, metropolitan planning organizations,
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1 transit agencies, or other political subdivisions of state or
2 local governments: Provided further, That to be eligible for
3 a cooperative agreement under this heading, a recipient
4 shall provide assistance to entities described in the pre-
5 ceding proviso on engaging in public planning processes
6 with residents, local businesses, non-profit organizations,
7 and to the extent practicable, philanthropic organizations,
8 educational institutions, or other community stakeholders:
9 Provided further, That such cooperative agreements shall
10 facilitate the planning and development of transportation
11 and community revitalization activities supported by the
12 Department of Transportation under titles 23, 46, and 49,
13 United States Code, that increase mobility, reduce pollu-
14 tion from transportation sources, expand affordable trans-
15 portation options, facilitate efficient land use, preserve or
16 expand jobs, improve housing conditions, enhance connec-
17 tions to health care, education, and food security, or im-
18 prove health outcomes: Provided further, That the Sec-
19 retary may prioritize assistance provided with amounts
20 made available under this heading to communities that
21 have disproportionate rates of pollution and poor air qual-
22 ity, communities experiencing disproportionate effects (as
23 defined by Executive Order No. 12898), areas of per-
24 sistent poverty as defined in section 6702(a)(1) of title
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25 49, United States Code, or historically disadvantaged com-
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1 munities: Provided further, That the preceding proviso
2 shall not prevent the Secretary from providing assistance
3 with amounts made available under this heading to enti-
4 ties described in the second proviso under this heading
5 that request assistance through the thriving communities
6 program: Provided further, That planning and technical
7 assistance made available under this heading may include
8 pre-application assistance for capital projects eligible
9 under titles 23, 46, and 49, United States Code: Provided
10 further, That the Secretary may retain amounts made
11 available under this heading for the necessary administra-
12 tive expenses of (1) developing and disseminating best
13 practices, modeling, and cost-benefit analysis methodolo-
14 gies to assist entities described in the second proviso under
15 this heading with applications for financial assistance pro-
16 grams under titles 23, 46, and 49, United States Code,
17 and (2) award, administration, and oversight of coopera-
18 tive agreements to carry out the provisions under this
19 heading: Provided further, That such amounts and pay-
20 ments as may be necessary to carry out the thriving com-
21 munities program may be transferred to appropriate ac-
22 counts of other operating administrations within the De-
23 partment of Transportation: Provided further, That the
24 Secretary shall notify the House and Senate Committees
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1 on Appropriations not later than 3 business days prior to
2 a transfer carried out under the preceding proviso.
3 NATIONAL SURFACE TRANSPORTATION AND INNOVATIVE
4 FINANCE BUREAU
5 For necessary expenses of the National Surface
6 Transportation and Innovative Finance Bureau as author-
7 ized by 49 U.S.C. 116, $3,800,000, to remain available
8 until expended: Provided, That the Secretary may collect
9 and spend fees, as authorized by title 23, United States
10 Code, to cover the costs of services of expert firms, includ-
11 ing counsel, in the field of municipal and project finance
12 to assist in the underwriting and servicing of Federal cred-
13 it instruments and all or a portion of the costs to the Fed-
14 eral Government of servicing such credit instruments: Pro-
15 vided further, That such fees are available until expended
16 to pay for such costs: Provided further, That such amounts
17 are in addition to other amounts made available for such
18 purposes and are not subject to any obligation limitation
19 or the limitation on administrative expenses under section
20 608 of title 23, United States Code.
21 RAILROAD REHABILITATION AND IMPROVEMENT
22 FINANCING PROGRAM
23 The Secretary is authorized to issue direct loans and
24 loan guarantees pursuant to chapter 224 of title 49,
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1 United States Code, and such authority shall exist so long
2 as any such direct loan or loan guarantee is outstanding.
3 FINANCIAL MANAGEMENT CAPITAL
4 For necessary expenses for upgrading and enhancing
5 the Department of Transportation’s financial systems and
6 re-engineering business processes, $5,000,000, to remain
7 available through September 30, 2024.
8 CYBER SECURITY INITIATIVES
9 For necessary expenses for cyber security initiatives,
10 including necessary upgrades to network and information
11 technology infrastructure, improvement of identity man-
12 agement and authentication capabilities, securing and pro-
13 tecting data, implementation of Federal cyber security ini-
14 tiatives, and implementation of enhanced security controls
15 on agency computers and mobile devices, $48,100,000, to
16 remain available until September 30, 2024.
17 OFFICE OF CIVIL RIGHTS
18 For necessary expenses of the Office of Civil Rights,
19 $15,000,000.
20 TRANSPORTATION PLANNING, RESEARCH, AND
21 DEVELOPMENT
22 (INCLUDING TRANSFER OF FUNDS)
23 For necessary expenses for conducting transportation
24 planning, research, systems development, development ac-
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25 tivities, and making grants, $19,648,000, to remain avail-
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1 able until expended: Provided, That of such amount,
2 $7,136,000 shall be for necessary expenses of the Inter-
3 agency Infrastructure Permitting Improvement Center
4 (IIPIC): Provided further, That there may be transferred
5 to this appropriation, to remain available until expended,
6 amounts transferred from other Federal agencies for ex-
7 penses incurred under this heading for IIPIC activities not
8 related to transportation infrastructure: Provided further,
9 That the tools and analysis developed by the IIPIC shall
10 be available to other Federal agencies for the permitting
11 and review of major infrastructure projects not related to
12 transportation only to the extent that other Federal agen-
13 cies provide funding to the Department in accordance with
14 the preceding proviso.
15 WORKING CAPITAL FUND
16 (INCLUDING TRANSFER OF FUNDS)
17 For necessary expenses for operating costs and cap-
18 ital outlays of the Working Capital Fund, not to exceed
19 $505,285,000, shall be paid from appropriations made
20 available to the Department of Transportation: Provided,
21 That such services shall be provided on a competitive basis
22 to entities within the Department of Transportation: Pro-
23 vided further, That the limitation in the preceding proviso
24 on operating expenses shall not apply to entities external
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25 to the Department of Transportation or for funds pro-
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1 vided in Public Law 117–58: Provided further, That no
2 funds made available by this Act to an agency of the De-
3 partment shall be transferred to the Working Capital
4 Fund without majority approval of the Working Capital
5 Fund Steering Committee and approval of the Secretary:
6 Provided further, That no assessments may be levied
7 against any program, budget activity, subactivity, or
8 project funded by this Act unless notice of such assess-
9 ments and the basis therefor are presented to the House
10 and Senate Committees on Appropriations and are ap-
11 proved by such Committees.
12 SMALL AND DISADVANTAGED BUSINESS UTILIZATION AND
13 OUTREACH
14 For necessary expenses for small and disadvantaged
15 business utilization and outreach activities, $7,094,000, to
16 remain available until September 30, 2024: Provided,
17 That notwithstanding section 332 of title 49, United
18 States Code, such amounts may be used for business op-
19 portunities related to any mode of transportation: Pro-
20 vided further, That appropriations made available under
21 this heading shall be available for any purpose consistent
22 with prior year appropriations that were made available
23 under the heading ‘‘Office of the Secretary—Minority
24 Business Resource Center Program’’.
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1 PAYMENTS TO AIR CARRIERS
2 (AIRPORT AND AIRWAY TRUST FUND)
3 In addition to funds made available from any other
4 source to carry out the essential air service program under
5 sections 41731 through 41742 of title 49, United States
6 Code, $354,827,000, to be derived from the Airport and
7 Airway Trust Fund, to remain available until expended:
8 Provided, That in determining between or among carriers
9 competing to provide service to a community, the Sec-
10 retary may consider the relative subsidy requirements of
11 the carriers: Provided further, That basic essential air
12 service minimum requirements shall not include the 15-
13 passenger capacity requirement under section 41732(b)(3)
14 of title 49, United States Code: Provided further, That
15 amounts authorized to be distributed for the essential air
16 service program under section 41742(b) of title 49, United
17 States Code, shall be made available immediately from
18 amounts otherwise provided to the Administrator of the
19 Federal Aviation Administration: Provided further, That
20 the Administrator may reimburse such amounts from fees
21 credited to the account established under section 45303
22 of title 49, United States Code.
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1 ELECTRIC VEHICLE FLEET
2 (INCLUDING TRANSFER OF FUNDS)
3 For necessary expenses for the Department’s transi-
4 tion to the General Services Administration’s leased vehi-
5 cle fleet, and for the purchase of zero emission passenger
6 motor vehicles and supporting charging or fueling infra-
7 structure, $11,000,000, to remain available until Sep-
8 tember 30, 2025: Provided, That such amounts are in ad-
9 dition to amounts otherwise available for such purposes:
10 Provided further, That amounts made available under this
11 heading may be transferred to other accounts of the De-
12 partment of Transportation for the purposes specified
13 under this heading: Provided further, That the Secretary
14 shall notify the House and Senate Committees on Appro-
15 priations not later than 3 business days prior to a transfer
16 carried out under the preceding proviso.
17 ADMINISTRATIVE PROVISIONS—OFFICE OF THE
18 SECRETARY OF TRANSPORTATION
19 SECTION 101. None of the funds made available by
20 this Act to the Department of Transportation may be obli-
21 gated for the Office of the Secretary of Transportation
22 to approve assessments or reimbursable agreements per-
23 taining to funds appropriated to the operating administra-
24 tions in this Act, except for activities underway on the
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25 date of enactment of this Act, unless such assessments
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1 or agreements have completed the normal reprogramming
2 process for congressional notification.
3 SEC. 102. The Secretary shall post on the web site
4 of the Department of Transportation a schedule of all
5 meetings of the Council on Credit and Finance, including
6 the agenda for each meeting, and require the Council on
7 Credit and Finance to record the decisions and actions
8 of each meeting.
9 SEC. 103. In addition to authority provided by section
10 327 of title 49, United States Code, the Department’s
11 Working Capital Fund is authorized to provide partial or
12 full payments in advance and accept subsequent reim-
13 bursements from all Federal agencies from available funds
14 for transit benefit distribution services that are necessary
15 to carry out the Federal transit pass transportation fringe
16 benefit program under Executive Order No. 13150 and
17 section 3049 of SAFETEA–LU (5 U.S.C. 7905 note):
18 Provided, That the Department shall maintain a reason-
19 able operating reserve in the Working Capital Fund, to
20 be expended in advance to provide uninterrupted transit
21 benefits to Government employees: Provided further, That
22 such reserve shall not exceed 1 month of benefits payable
23 and may be used only for the purpose of providing for
24 the continuation of transit benefits: Provided further, That
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25 the Working Capital Fund shall be fully reimbursed by
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1 each customer agency from available funds for the actual
2 cost of the transit benefit.
3 SEC. 104. Receipts collected in the Department’s
4 Working Capital Fund, as authorized by section 327 of
5 title 49, United States Code, for unused transit and van
6 pool benefits, in an amount not to exceed 10 percent of
7 fiscal year 2023 collections, shall be available until ex-
8 pended in the Department’s Working Capital Fund to pro-
9 vide contractual services in support of section 189 of this
10 Act: Provided, That obligations in fiscal year 2023 of such
11 collections shall not exceed $1,000,000.
12 SEC. 105. None of the funds in this title may be obli-
13 gated or expended for retention or senior executive bo-
14 nuses for an employee of the Department of Transpor-
15 tation without the prior written approval of the Assistant
16 Secretary for Administration.
17 SEC. 106. In addition to authority provided by section
18 327 of title 49, United States Code, the Department’s Ad-
19 ministrative Working Capital Fund is hereby authorized
20 to transfer information technology equipment, software,
21 and systems from Departmental sources or other entities
22 and collect and maintain a reserve at rates which will re-
23 turn full cost of transferred assets.
24 SEC. 107. None of the funds provided in this Act to
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25 the Department of Transportation may be used to provide
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1 credit assistance unless not less than 3 days before any
2 application approval to provide credit assistance under
3 sections 603 and 604 of title 23, United States Code, the
4 Secretary provides notification in writing to the following
5 committees: the House and Senate Committees on Appro-
6 priations; the Committee on Environment and Public
7 Works and the Committee on Banking, Housing and
8 Urban Affairs of the Senate; and the Committee on Trans-
9 portation and Infrastructure of the House of Representa-
10 tives: Provided, That such notification shall include, but
11 not be limited to, the name of the project sponsor; a de-
12 scription of the project; whether credit assistance will be
13 provided as a direct loan, loan guarantee, or line of credit;
14 and the amount of credit assistance.
15 FEDERAL AVIATION ADMINISTRATION
16 OPERATIONS
17 (AIRPORT AND AIRWAY TRUST FUND)
18 For necessary expenses of the Federal Aviation Ad-
19 ministration, not otherwise provided for, including oper-
20 ations and research activities related to commercial space
21 transportation, administrative expenses for research and
22 development, establishment of air navigation facilities, the
23 operation (including leasing) and maintenance of aircraft,
24 subsidizing the cost of aeronautical charts and maps sold
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25 to the public, the lease or purchase of passenger motor
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1 vehicles for replacement only, $11,870,000,000, to remain
2 available until September 30, 2024, of which
3 $9,993,821,000 to be derived from the Airport and Airway
4 Trust Fund: Provided, That of the amounts made avail-
5 able under this heading—
6 (1) not less than $1,645,018,000 shall be avail-
7 able for aviation safety activities;
8 (2) $8,760,044,000 shall be available for air
9 traffic organization activities;
10 (3) $33,675,000 (increased by $1,000,000) (re-
11 duced by $1,000,000) shall be available for commer-
12 cial space transportation activities;
13 (4) $915,049,000 shall be available for finance
14 and management activities;
15 (5) $65,581,000 shall be available for NextGen
16 and operations planning activities;
17 (6) $153,447,000 shall be available for security
18 and hazardous materials safety; and
19 (7) $297,186,000 (reduced by $1,000,000) (in-
20 creased by $1,000,000) shall be available for staff
21 offices:
22 Provided further, That not to exceed 5 percent of any
23 budget activity, except for aviation safety budget activity,
24 may be transferred to any budget activity under this head-
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25 ing: Provided further, That no transfer may increase or
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1 decrease any appropriation under this heading by more
2 than 5 percent: Provided further, That any transfer in ex-
3 cess of 5 percent shall be treated as a reprogramming of
4 funds under section 405 of this Act and shall not be avail-
5 able for obligation or expenditure except in compliance
6 with the procedures set forth in that section: Provided fur-
7 ther, That not later than 60 days after the submission of
8 the budget request, the Administrator of the Federal Avia-
9 tion Administration shall transmit to Congress an annual
10 update to the report submitted to Congress in December
11 2004 pursuant to section 221 of the Vision 100-Century
12 of Aviation Reauthorization Act (49 U.S.C. 40101 note):
13 Provided further, That the amounts made available under
14 this heading shall be reduced by $100,000 for each day
15 after 60 days after the submission of the budget request
16 that such report has not been transmitted to Congress:
17 Provided further, That not later than 60 days after the
18 submission of the budget request, the Administrator shall
19 transmit to Congress a companion report that describes
20 a comprehensive strategy for staffing, hiring, and training
21 flight standards and aircraft certification staff in a format
22 similar to the one utilized for the controller staffing plan,
23 including stated attrition estimates and numerical hiring
24 goals by fiscal year: Provided further, That the amounts
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25 made available under this heading shall be reduced by
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1 $100,000 for each day after the date that is 60 days after
2 the submission of the budget request that such report has
3 not been submitted to Congress: Provided further, That
4 funds may be used to enter into a grant agreement with
5 a nonprofit standard-setting organization to assist in the
6 development of aviation safety standards: Provided fur-
7 ther, That none of the funds made available by this Act
8 shall be available for new applicants for the second career
9 training program: Provided further, That none of the
10 funds made available by this Act shall be available for the
11 Federal Aviation Administration to finalize or implement
12 any regulation that would promulgate new aviation user
13 fees not specifically authorized by law after the date of
14 the enactment of this Act: Provided further, That there
15 may be credited to this appropriation, as offsetting collec-
16 tions, funds received from States, counties, municipalities,
17 foreign authorities, other public authorities, and private
18 sources for expenses incurred in the provision of agency
19 services, including receipts for the maintenance and oper-
20 ation of air navigation facilities, and for issuance, renewal
21 or modification of certificates, including airman, aircraft,
22 and repair station certificates, or for tests related thereto,
23 or for processing major repair or alteration forms: Pro-
24 vided further, That of the amounts made available under
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25 this heading, not less than $187,800,000 shall be used to
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1 fund direct operations of the current air traffic control
2 towers in the contract tower program, including the con-
3 tract tower cost share program, and any airport that is
4 currently qualified or that will qualify for the program
5 during the fiscal year: Provided further, That none of the
6 funds made available by this Act for aeronautical charting
7 and cartography are available for activities conducted by,
8 or coordinated through, the Working Capital Fund: Pro-
9 vided further, That none of the funds appropriated or oth-
10 erwise made available by this Act or any other Act may
11 be used to eliminate the Contract Weather Observers pro-
12 gram at any airport.
13 FACILITIES AND EQUIPMENT
14 (AIRPORT AND AIRWAY TRUST FUND)
15 For necessary expenses, not otherwise provided for,
16 for acquisition, establishment, technical support services,
17 improvement by contract or purchase, and hire of national
18 airspace systems and experimental facilities and equip-
19 ment, as authorized under part A of subtitle VII of title
20 49, United States Code, including initial acquisition of
21 necessary sites by lease or grant; engineering and service
22 testing, including construction of test facilities and acqui-
23 sition of necessary sites by lease or grant; construction
24 and furnishing of quarters and related accommodations
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25 for officers and employees of the Federal Aviation Admin-
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1 istration stationed at remote localities where such accom-
2 modations are not available; and the purchase, lease, or
3 transfer of aircraft from funds made available under this
4 heading, including aircraft for aviation regulation and cer-
5 tification; to be derived from the Airport and Airway Trust
6 Fund, $2,900,000,000, of which $570,000,000 is for per-
7 sonnel and related expenses and shall remain available
8 until September 30, 2024, $1,803,600,000 (reduced by
9 $115,000,000) (increased by $115,000,000) is for equip-
10 ment and shall remain available until September 30, 2025,
11 and $526,400,000 is for facilities and shall remain avail-
12 able until September 30, 2027: Provided, That there may
13 be credited to this appropriation funds received from
14 States, counties, municipalities, other public authorities,
15 and private sources, for expenses incurred in the establish-
16 ment, improvement, and modernization of national air-
17 space systems: Provided further, That not later than 60
18 days after submission of the budget request, the Secretary
19 of Transportation shall transmit to the Congress an in-
20 vestment plan for the Federal Aviation Administration
21 which includes funding for each budget line item for fiscal
22 years 2024 through 2028, with total funding for each year
23 of the plan constrained to the funding targets for those
24 years as estimated and approved by the Office of Manage-
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25 ment and Budget: Provided further, That section 405 of
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1 this Act shall apply to amounts made available under this
2 heading in title VIII of the Infrastructure Investments and
3 Jobs Appropriations Act (division J of Public Law 117–
4 58): Provided further, That the amounts specified for each
5 Budget Line Item in the table included in the ‘‘Facilities
6 and Equipment Spend Plan for Fiscal Year 2023 Infra-
7 structure Investment and Jobs Act Funding’’ section of
8 the Federal Aviation Administration FY 2023 President’s
9 Budget, as submitted to the House and Senate Commit-
10 tees on Appropriations, shall be the baseline for applica-
11 tion of reprogramming and transfer authorities for the
12 current fiscal year pursuant to paragraph (7) of such sec-
13 tion 405 for amounts referred to in the preceding proviso:
14 Provided further, That, notwithstanding paragraphs (5)
15 and (6) of such section 405, unless prior approval is re-
16 ceived from the House and Senate Committees on Appro-
17 priations, not to exceed 10 percent of any funding level
18 specified for projects and activities in the table referred
19 to in the preceding proviso may be transferred to any
20 other funding level specified for projects and activities in
21 such table and no transfer of such funding levels may in-
22 crease or decrease any funding level in such table by more
23 than 10 percent.
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1 RESEARCH, ENGINEERING, AND DEVELOPMENT
2 (AIRPORT AND AIRWAY TRUST FUND)
3 For necessary expenses, not otherwise provided for,
4 for research, engineering, and development, as authorized
5 under part A of subtitle VII of title 49, United States
6 Code, including construction of experimental facilities and
7 acquisition of necessary sites by lease or grant,
8 $260,500,000 (increased by $10,000,000) (reduced by
9 $10,000,000) (increased by $1,000,000) (reduced by
10 $1,000,000), to be derived from the Airport and Airway
11 Trust Fund and to remain available until September 30,
12 2025: Provided, That there may be credited to this appro-
13 priation as offsetting collections, funds received from
14 States, counties, municipalities, other public authorities,
15 and private sources, which shall be available for expenses
16 incurred for research, engineering, and development: Pro-
17 vided further, That amounts made available under this
18 heading shall be used in accordance with the report accom-
19 panying this Act: Provided further, That not to exceed 10
20 percent of any funding level specified under this heading
21 in the report accompanying this Act may be transferred
22 to any other funding level specified under this heading in
23 the report accompanying this Act: Provided further, That
24 no transfer may increase or decrease any funding level by
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25 more than 10 percent: Provided further, That any transfer
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1 in excess of 10 percent shall be treated as a reprogram-
2 ming of funds under section 405 of this Act and shall not
3 be available for obligation or expenditure except in compli-
4 ance with the procedures set forth in that section.
5 GRANTS-IN-AID FOR AIRPORTS
6 (LIQUIDATION OF CONTRACT AUTHORIZATION)
7 (LIMITATION ON OBLIGATIONS)
8 (AIRPORT AND AIRWAY TRUST FUND)
9 (INCLUDING TRANSFER OF FUNDS)
10 For liquidation of obligations incurred for grants-in-
11 aid for airport planning and development, and noise com-
12 patibility planning and programs as authorized under sub-
13 chapter I of chapter 471 and subchapter I of chapter 475
14 of title 49, United States Code, and under other law au-
15 thorizing such obligations; for procurement, installation,
16 and commissioning of runway incursion prevention devices
17 and systems at airports of such title; for grants authorized
18 under section 41743 of title 49, United States Code; and
19 for inspection activities and administration of airport safe-
20 ty programs, including those related to airport operating
21 certificates under section 44706 of title 49, United States
22 Code, $3,350,000,000, to be derived from the Airport and
23 Airway Trust Fund and to remain available until ex-
24 pended: Provided, That none of the amounts made avail-
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25 able under this heading shall be available for the planning
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1 or execution of programs the obligations for which are in
2 excess of $3,350,000,000, in fiscal year 2023, notwith-
3 standing section 47117(g) of title 49, United States Code:
4 Provided further, That none of the amounts made available
5 under this heading shall be available for the replacement
6 of baggage conveyor systems, reconfiguration of terminal
7 baggage areas, or other airport improvements that are
8 necessary to install bulk explosive detection systems: Pro-
9 vided further, That notwithstanding section 47109(a) of
10 title 49, United States Code, the Government’s share of
11 allowable project costs under paragraph (2) of such sec-
12 tion for subgrants or paragraph (3) of such section shall
13 be 95 percent for a project at other than a large or me-
14 dium hub airport that is a successive phase of a multi-
15 phased construction project for which the project sponsor
16 received a grant in fiscal year 2011 for the construction
17 project: Provided further, That notwithstanding any other
18 provision of law, of amounts limited under this heading,
19 not less than $137,372,000 shall be available for adminis-
20 tration, $15,000,000 shall be available for the Airport Co-
21 operative Research Program, $40,828,000 shall be avail-
22 able for Airport Technology Research, and $10,000,000,
23 to remain available until expended, shall be available and
24 transferred to ‘‘Office of the Secretary, Salaries and Ex-
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25 penses’’ to carry out the Small Community Air Service De-
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1 velopment Program: Provided further, That in addition to
2 airports eligible under section 41743 of title 49, United
3 States Code, such program may include the participation
4 of an airport that serves a community or consortium that
5 is not larger than a small hub airport, according to FAA
6 hub classifications effective at the time the Office of the
7 Secretary issues a request for proposals.
8 GRANTS-IN-AID FOR AIRPORTS
9 For an additional amount for ‘‘Grants-In-Aid for Air-
10 ports’’, to enable the Secretary of Transportation to make
11 grants for projects as authorized by subchapter 1 of chap-
12 ter 471 and subchapter 1 of chapter 475 of title 49,
13 United States Code, $272,604,000, to remain available
14 through September 30, 2025: Provided, That amounts
15 made available under this heading shall be derived from
16 the general fund, and such funds shall not be subject to
17 apportionment formulas, special apportionment categories,
18 or minimum percentages under chapter 471 of title 49,
19 United States Code: Provided further, That of the amounts
20 made available under this heading, $172,604,000 is for
21 Community Project Funding for the purposes, and in the
22 amounts, specified for this account in the table titled
23 ‘‘Transportation, Housing and Urban Development Incor-
24 poration of Community Project Funding Items’’ included
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25 in the report accompanying this Act: Provided further,
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1 That any funds made available under this heading in this
2 Act that remain available after the distribution of funds
3 under the preceding proviso shall be available to the Sec-
4 retary to distribute as discretionary grants to airports:
5 Provided further, That the amounts made available under
6 this heading shall not be subject to any limitation on obli-
7 gations for the Grants-in-Aid for Airports program set
8 forth in any Act: Provided further, That the Administrator
9 of the Federal Aviation Administration may retain up to
10 0.5 percent of the amounts made available under this
11 heading to fund the award and oversight by the Adminis-
12 trator of grants made under this heading.
13 ADMINISTRATIVE PROVISIONS—FEDERAL AVIATION
14 ADMINISTRATION
15 SEC. 110. None of the funds made available by this
16 Act may be used to compensate in excess of 600 technical
17 staff-years under the federally funded research and devel-
18 opment center contract between the Federal Aviation Ad-
19 ministration and the Center for Advanced Aviation Sys-
20 tems Development during fiscal year 2023.
21 SEC. 111. None of the funds made available by this
22 Act shall be used to pursue or adopt guidelines or regula-
23 tions requiring airport sponsors to provide to the Federal
24 Aviation Administration without cost building construc-
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25 tion, maintenance, utilities and expenses, or space in air-
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1 port sponsor-owned buildings for services relating to air
2 traffic control, air navigation, or weather reporting: Pro-
3 vided, That the prohibition on the use of funds in this
4 section does not apply to negotiations between the agency
5 and airport sponsors to achieve agreement on ‘‘below-mar-
6 ket’’ rates for these items or to grant assurances that re-
7 quire airport sponsors to provide land without cost to the
8 Federal Aviation Administration for air traffic control fa-
9 cilities.
10 SEC. 112. The Administrator of the Federal Aviation
11 Administration may reimburse amounts made available to
12 satisfy section 41742(a)(1) of title 49, United States
13 Code, from fees credited under section 45303 of title 49,
14 United States Code, and any amount remaining in such
15 account at the close of any fiscal year may be made avail-
16 able to satisfy section 41742(a)(1) of title 49, United
17 States Code, for the subsequent fiscal year.
18 SEC. 113. Amounts collected under section 40113(e)
19 of title 49, United States Code, shall be credited to the
20 appropriation current at the time of collection, to be
21 merged with and available for the same purposes as such
22 appropriation.
23 SEC. 114. None of the funds made available by this
24 Act shall be available for paying premium pay under sec-
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25 tion 5546(a) of title 5, United States Code, to any Federal
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1 Aviation Administration employee unless such employee
2 actually performed work during the time corresponding to
3 such premium pay.
4 SEC. 115. None of the funds made available by this
5 Act may be obligated or expended for an employee of the
6 Federal Aviation Administration to purchase a store gift
7 card or gift certificate through use of a Government-issued
8 credit card.
9 SEC. 116. Notwithstanding any other provision of
10 law, none of the funds made available under this Act or
11 any prior Act may be used to implement or to continue
12 to implement any limitation on the ability of any owner
13 or operator of a private aircraft to obtain, upon a request
14 to the Administrator of the Federal Aviation Administra-
15 tion, a blocking of that owner’s or operator’s aircraft reg-
16 istration number, Mode S transponder code, flight identi-
17 fication, call sign, or similar identifying information from
18 any ground based display to the public that would allow
19 the real-time or near real-time flight tracking of that air-
20 craft’s movements, except data made available to a Gov-
21 ernment agency, for the noncommercial flights of that
22 owner or operator.
23 SEC. 117. None of the funds made available by this
24 Act shall be available for salaries and expenses of more
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1 than nine political and Presidential appointees in the Fed-
2 eral Aviation Administration.
3 SEC. 118. None of the funds made available by this
4 Act may be used to increase fees pursuant to section
5 44721 of title 49, United States Code, until the Federal
6 Aviation Administration provides to the House and Senate
7 Committees on Appropriations a report that justifies all
8 fees related to aeronautical navigation products and ex-
9 plains how such fees are consistent with Executive Order
10 No. 13642.
11 SEC. 119. None of the funds made available by this
12 Act may be used to close a regional operations center of
13 the Federal Aviation Administration or reduce its services
14 unless the Administrator notifies the House and Senate
15 Committees on Appropriations not less than 90 full busi-
16 ness days in advance.
17 SEC. 119A. None of the funds made available by or
18 limited by this Act may be used to change weight restric-
19 tions or prior permission rules at Teterboro airport in
20 Teterboro, New Jersey.
21 SEC. 119B. None of the funds made available by this
22 Act may be used by the Administrator of the Federal Avia-
23 tion Administration to withhold from consideration and
24 approval any new application for participation in the Con-
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25 tract Tower Program, or for reevaluation of Cost-share
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1 Program participants so long as the Federal Aviation Ad-
2 ministration has received an application from the airport,
3 and so long as the Administrator determines such tower
4 is eligible using the factors set forth in Federal Aviation
5 Administration published establishment criteria.
6 SEC. 119C. None of the funds made available by this
7 Act may be used to open, close, redesignate as a lesser
8 office, or reorganize a regional office, the aeronautical cen-
9 ter, or the technical center unless the Administrator sub-
10 mits a request for the reprogramming of funds under sec-
11 tion 405 of this Act.
12 SEC. 119D. The Federal Aviation Administration Ad-
13 ministrative Services Franchise Fund may be reimbursed
14 after performance or paid in advance from funds available
15 to the Federal Aviation Administration and other Federal
16 agencies for which the Fund performs services.
17 SEC. 119E. None of the funds appropriated or other-
18 wise made available to the FAA may be used to carry out
19 the FAA’s obligations under section 44502(e) of title 49,
20 United States Code, unless the eligible air traffic system
21 or equipment to be transferred to the FAA under section
22 44502(e) of title 49, United States Code, was purchased
23 by the transferor airport—
24 (1) during the period of time beginning on Oc-
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25 tober 5, 2018 and ending on December 31, 2021; or
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1 (2) on or after January 1, 2022 for transferor
2 airports located in a non-contiguous states.
3 SEC. 119F. Of the funds provided under the heading
4 ‘‘Grants-in-aid for Airports’’, up to $3,500,000 shall be
5 for necessary expenses, including an independent
6 verification regime, to provide reimbursement to airport
7 sponsors that do not provide gateway operations and pro-
8 viders of general aviation ground support services, or other
9 aviation tenants, located at those airports closed during
10 a temporary flight restriction (TFR) for any residence of
11 the President that is designated or identified to be secured
12 by the United States Secret Service, and for direct and
13 incremental financial losses incurred while such airports
14 are closed solely due to the actions of the Federal Govern-
15 ment: Provided, That no funds shall be obligated or dis-
16 tributed to airport sponsors that do not provide gateway
17 operations and providers of general aviation ground sup-
18 port services until an independent audit is completed: Pro-
19 vided further, That losses incurred as a result of violations
20 of law, or through fault or negligence, of such operators
21 and service providers or of third parties (including air-
22 ports) are not eligible for reimbursements: Provided fur-
23 ther, That obligation and expenditure of funds are condi-
24 tional upon full release of the United States Government
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1 for all claims for financial losses resulting from such ac-
2 tions.
3 FEDERAL HIGHWAY ADMINISTRATION
4 LIMITATION ON ADMINISTRATIVE EXPENSES
5 (HIGHWAY TRUST FUND)
6 (INCLUDING TRANSFER OF FUNDS)
7 Not to exceed $476,783,991 together with advances
8 and reimbursements received by the Federal Highway Ad-
9 ministration, shall be obligated for necessary expenses for
10 administration and operation of the Federal Highway Ad-
11 ministration or transferred to the Appalachian Regional
12 Commission for administrative activities associated with
13 the Appalachian Development Highway System.
14 FEDERAL-AID HIGHWAYS
15 (LIMITATION ON OBLIGATIONS)
16 (HIGHWAY TRUST FUND)
17 Funds available for the implementation or execution
18 of authorized Federal-aid highway and highway safety
19 construction programs shall not exceed total obligations
20 of $58,764,510,674 (reduced by $1,000,000) (increased
21 by $1,000,000) for fiscal year 2023: Provided, That the
22 limitation on obligations under this heading shall only
23 apply to contract authority authorized from the Highway
24 Trust Fund (other than the Mass Transit Account), un-
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25 less otherwise specified in law.
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1 (LIQUIDATION OF CONTRACT AUTHORIZATION)
2 (HIGHWAY TRUST FUND)
3 For the payment of obligations incurred in carrying
4 out authorized Federal-aid highway and highway safety
5 construction programs, $59,503,510,674 derived from the
6 Highway Trust Fund (other than the Mass Transit Ac-
7 count), to remain available until expended.
8 HIGHWAY INFRASTRUCTURE PROGRAMS
9 (INCLUDING TRANSFER OF FUNDS)
10 There is hereby appropriated to the Secretary
11 $1,755,060,641: Provided, That the funds made available
12 under this heading shall be derived from the general fund,
13 shall be in addition to any funds provided for fiscal year
14 2023 in this or any other Act for: (1) ‘‘Federal-aid High-
15 ways’’ under chapter 1 of title 23, United States Code;
16 or (2) the Appalachian Development Highway System as
17 authorized under section 1069(y) of Public Law 102–240,
18 and shall not affect the distribution or amount of funds
19 provided in any other Act: Provided further, That section
20 11101(e) of Public Law 117–58 shall apply to amounts
21 made available under this heading: Provided further, That
22 unless otherwise specified, amounts made available under
23 this heading shall be available until September 30, 2026,
24 and shall not be subject to any limitation on obligations
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25 for Federal-aid highways or highway safety construction
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1 programs set forth in any Act making annual appropria-
2 tions: Provided further, That of the funds made available
3 under this heading, the Federal Highway Administration
4 may retain an amount of $3,000,000 (reduced by
5 $2,000,000), to remain available until expended, to fund
6 the oversight of projects carried out with funds made
7 available under this heading: Provided further, That of the
8 funds made available under this heading—
9 (1) $1,275,060,641 shall be made available for
10 Community Project Funding for the purposes, and
11 in the amounts, specified for this account in the
12 table titled ‘‘Transportation, Housing and Urban
13 Development Incorporation of Community Project
14 Funding Items’’ included in the report accom-
15 panying this Act: Provided, That, except as other-
16 wise provided under this heading, the funds made
17 available under this paragraph shall be administered
18 as if apportioned under chapter 1 of title 23, United
19 States Code: Provided further, That funds made
20 available under this paragraph that are used for
21 Tribal projects shall be administered as if allocated
22 under chapter 2 of title 23, United States Code, ex-
23 cept that the set-asides described in subparagraph
24 (C) of section 202(b)(3) of title 23, United States
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25 Code, and subsections (a)(6), (c), and (e) of section
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1 202 of such title, and section 1123(h)(1) of MAP–
2 21 (as amended by Public Law 117–58), shall not
3 apply to such funds;
4 (2) $100,000,000 shall be for necessary ex-
5 penses for construction of the Appalachian Develop-
6 ment Highway System as authorized under section
7 1069(y) of Public Law 102–240: Provided, That for
8 the purposes of funds made available under this
9 paragraph, the term ‘‘Appalachian State’’ means a
10 State that contains 1 or more counties (including
11 any political subdivision located within the area) in
12 the Appalachian region as defined in section
13 14102(a) of title 40, United States Code: Provided
14 further, That funds made available under this head-
15 ing for construction of the Appalachian Development
16 Highway System shall remain available until ex-
17 pended: Provided further, That, except as provided
18 in the following proviso, funds made available under
19 this heading for construction of the Appalachian De-
20 velopment Highway System shall be administered as
21 if apportioned under chapter 1 of title 23, United
22 States Code: Provided further, That a project carried
23 out with funds made available under this heading for
24 construction of the Appalachian Development High-
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25 way System shall be carried out in the same manner
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1 as a project under section 14501 of title 40, United
2 States Code: Provided further, That subject to the
3 following proviso, funds made available under this
4 heading for construction of the Appalachian Devel-
5 opment Highway System shall be apportioned to the
6 Appalachian States according to the percentages de-
7 rived from the 2021 Appalachian Development
8 Highway System Cost-to-Complete Estimate, adopt-
9 ed in Appalachian Regional Commission Resolution
10 Number 788, and confirmed as each Appalachian
11 State’s relative share of the estimated remaining
12 need to complete the Appalachian Development
13 Highway System, adjusted to exclude those corridors
14 that such States have no current plans to complete,
15 as reported in the 2013 Appalachian Development
16 Highway System Completion Report, unless those
17 States have modified and assigned a higher priority
18 for completion of an Appalachian Development
19 Highway System corridor, as reported in the 2021
20 Appalachian Development Highway System Future
21 Outlook: Provided further, That the Secretary shall
22 adjust apportionments made under the preceding
23 proviso so that no Appalachian State shall be appor-
24 tioned an amount in excess of 30 percent of the
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25 amount made available for construction of the Appa-
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1 lachian Development Highway System under this
2 heading: Provided further, That the Secretary shall
3 consult with the Appalachian Regional Commission
4 in making adjustments under the preceding two pro-
5 visos: Provided further, That the Federal share of
6 the costs for which an expenditure is made for con-
7 struction of the Appalachian Development Highway
8 System under this heading shall be up to 100 per-
9 cent;
10 (3) $75,000,000 shall be for the nationally sig-
11 nificant Federal lands and Tribal projects program
12 under section 1123 of the FAST Act (23 U.S.C. 201
13 note), of which not less than $37,500,000 shall be
14 for competitive grants to tribal governments;
15 (4) $12,000,000 shall be for the regional infra-
16 structure accelerator demonstration program author-
17 ized under section 1441 of the FAST Act (23
18 U.S.C. 601 note): Provided, That for funds made
19 available under this paragraph, the Federal share of
20 the costs shall be, at the option of the recipient, up
21 to 100 percent;
22 (5) $30,000,000 shall be for the national scenic
23 byways program under section 162 of title 23,
24 United States Code: Provided, That, except as other-
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25 wise provided under this heading, the funds made
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1 available under this paragraph shall be administered
2 as if apportioned under chapter 1 of title 23, United
3 States Code;
4 (6) $100,000,000 shall be for the safe streets
5 and roads for all grant program under section
6 24112 of the Infrastructure Investment and Jobs
7 Act (23 U.S.C. 402 note), to remain available until
8 expended: Provided, That notwithstanding section
9 24112(c)(2)(B) of Public Law 117–58, of the total
10 amount made available under this paragraph in this
11 Act, the Secretary may award less than 40 percent
12 to eligible projects described in 24112(a)(3)(A) of
13 Public Law 117–58, but shall award not less than
14 20 percent to such projects: Provided further, That
15 amounts made available under this paragraph in this
16 Act may be transferred to and merged with the ap-
17 propriations for ‘‘Office of the Secretary’’;
18 (7) $100,000,000 shall be for the active trans-
19 portation infrastructure investment program under
20 section 11529 of the Infrastructure Investment and
21 Jobs Act (23 U.S.C. 217 note), to remain available
22 until expended: Provided, That, except as otherwise
23 provided under such section or this heading, the
24 funds made available under this paragraph shall be
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1 administered as if apportioned under chapter 1 of
2 title 23, United States Code;
3 (8) $2,000,000 shall be for grants to eligible
4 entities to carry out activities to benefit pollinators
5 on roadsides and highway rights-of-way under sec-
6 tion 11528 of the Infrastructure Investment and
7 Jobs Act (23 U.S.C. 332);
8 (9) $55,000,000 shall be for the healthy streets
9 program under section 11406 of the Infrastructure
10 Investment and Jobs Act (23 U.S.C. 149 note): Pro-
11 vided, That, except as otherwise provided under such
12 section or this heading, the funds made available
13 under this paragraph shall be administered as if ap-
14 portioned under chapter 1 of title 23, United States
15 Code; and
16 (10) $5,000,000 shall be for a cooperative se-
17 ries of agreements to examine the impacts of cul-
18 verts, roads, and bridges on threatened or endan-
19 gered salmon populations.
20 ADMINISTRATIVE PROVISIONS—FEDERAL HIGHWAY
21 ADMINISTRATION
22 SEC. 120. (a) For fiscal year 2023, the Secretary of
23 Transportation shall—
24 (1) not distribute from the obligation limitation
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25 for Federal-aid highways—
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1 (A) amounts authorized for administrative
2 expenses and programs by section 104(a) of
3 title 23, United States Code; and
4 (B) amounts authorized for the Bureau of
5 Transportation Statistics;
6 (2) not distribute an amount from the obliga-
7 tion limitation for Federal-aid highways that is equal
8 to the unobligated balance of amounts—
9 (A) made available from the Highway
10 Trust Fund (other than the Mass Transit Ac-
11 count) for Federal-aid highway and highway
12 safety construction programs for previous fiscal
13 years the funds for which are allocated by the
14 Secretary (or apportioned by the Secretary
15 under sections 202 or 204 of title 23, United
16 States Code); and
17 (B) for which obligation limitation was
18 provided in a previous fiscal year;
19 (3) determine the proportion that—
20 (A) the obligation limitation for Federal-
21 aid highways, less the aggregate of amounts not
22 distributed under paragraphs (1) and (2) of
23 this subsection; bears to
24 (B) the total of the sums authorized to be
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25 appropriated for the Federal-aid highway and
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1 highway safety construction programs (other
2 than sums authorized to be appropriated for
3 provisions of law described in paragraphs (1)
4 through (11) of subsection (b) and sums au-
5 thorized to be appropriated for section 119 of
6 title 23, United States Code, equal to the
7 amount referred to in subsection (b)(12) for
8 such fiscal year), less the aggregate of the
9 amounts not distributed under paragraphs (1)
10 and (2) of this subsection;
11 (4) distribute the obligation limitation for Fed-
12 eral-aid highways, less the aggregate amounts not
13 distributed under paragraphs (1) and (2), for each
14 of the programs (other than programs to which
15 paragraph (1) applies) that are allocated by the Sec-
16 retary under authorized Federal-aid highway and
17 highway safety construction programs, or appor-
18 tioned by the Secretary under sections 202 or 204
19 of title 23, United States Code, by multiplying—
20 (A) the proportion determined under para-
21 graph (3); by
22 (B) the amounts authorized to be appro-
23 priated for each such program for such fiscal
24 year; and
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1 (5) distribute the obligation limitation for Fed-
2 eral-aid highways, less the aggregate amounts not
3 distributed under paragraphs (1) and (2) and the
4 amounts distributed under paragraph (4), for Fed-
5 eral-aid highway and highway safety construction
6 programs that are apportioned by the Secretary
7 under title 23, United States Code (other than the
8 amounts apportioned for the National Highway Per-
9 formance Program in section 119 of title 23, United
10 States Code, that are exempt from the limitation
11 under subsection (b)(12) and the amounts appor-
12 tioned under sections 202 and 204 of that title) in
13 the proportion that—
14 (A) amounts authorized to be appropriated
15 for the programs that are apportioned under
16 title 23, United States Code, to each State for
17 such fiscal year; bears to
18 (B) the total of the amounts authorized to
19 be appropriated for the programs that are ap-
20 portioned under title 23, United States Code, to
21 all States for such fiscal year.
22 (b) EXCEPTIONS FROM OBLIGATION LIMITATION.—
23 The obligation limitation for Federal-aid highways shall
24 not apply to obligations under or for—
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25 (1) section 125 of title 23, United States Code;
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1 (2) section 147 of the Surface Transportation
2 Assistance Act of 1978 (23 U.S.C. 144 note; 92
3 Stat. 2714);
4 (3) section 9 of the Federal-Aid Highway Act
5 of 1981 (95 Stat. 1701);
6 (4) subsections (b) and (j) of section 131 of the
7 Surface Transportation Assistance Act of 1982 (96
8 Stat. 2119);
9 (5) subsections (b) and (c) of section 149 of the
10 Surface Transportation and Uniform Relocation As-
11 sistance Act of 1987 (101 Stat. 198);
12 (6) sections 1103 through 1108 of the Inter-
13 modal Surface Transportation Efficiency Act of
14 1991 (105 Stat. 2027);
15 (7) section 157 of title 23, United States Code
16 (as in effect on June 8, 1998);
17 (8) section 105 of title 23, United States Code
18 (as in effect for fiscal years 1998 through 2004, but
19 only in an amount equal to $639,000,000 for each
20 of those fiscal years);
21 (9) Federal-aid highway programs for which ob-
22 ligation authority was made available under the
23 Transportation Equity Act for the 21st Century
24 (112 Stat. 107) or subsequent Acts for multiple
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25 years or to remain available until expended, but only
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1 to the extent that the obligation authority has not
2 lapsed or been used;
3 (10) section 105 of title 23, United States Code
4 (as in effect for fiscal years 2005 through 2012, but
5 only in an amount equal to $639,000,000 for each
6 of those fiscal years);
7 (11) section 1603 of SAFETEA–LU (23
8 U.S.C. 118 note; 119 Stat. 1248), to the extent that
9 funds obligated in accordance with that section were
10 not subject to a limitation on obligations at the time
11 at which the funds were initially made available for
12 obligation; and
13 (12) section 119 of title 23, United States Code
14 (but, for each of fiscal years 2013 through 2023,
15 only in an amount equal to $639,000,000).
16 (c) REDISTRIBUTION OF UNUSED OBLIGATION AU-
17 THORITY.—Notwithstanding subsection (a), the Secretary
18 shall, after August 1 of such fiscal year—
19 (1) revise a distribution of the obligation limita-
20 tion made available under subsection (a) if an
21 amount distributed cannot be obligated during that
22 fiscal year; and
23 (2) redistribute sufficient amounts to those
24 States able to obligate amounts in addition to those
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25 previously distributed during that fiscal year, giving
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1 priority to those States having large unobligated bal-
2 ances of funds apportioned under sections 144 (as in
3 effect on the day before the date of enactment of
4 Public Law 112–141) and 104 of title 23, United
5 States Code.
6 (d) APPLICABILITY OF OBLIGATION LIMITATIONS TO
7 TRANSPORTATION RESEARCH PROGRAMS.—
8 (1) IN GENERAL.—Except as provided in para-
9 graph (2), the obligation limitation for Federal-aid
10 highways shall apply to contract authority for trans-
11 portation research programs carried out under—
12 (A) chapter 5 of title 23, United States
13 Code;
14 (B) title VI of the Fixing America’s Sur-
15 face Transportation Act; and
16 (C) title III of division A of the Infrastruc-
17 ture Investment and Jobs Act (Public Law
18 117–58).
19 (2) EXCEPTION.—Obligation authority made
20 available under paragraph (1) shall—
21 (A) remain available for a period of 4 fis-
22 cal years; and
23 (B) be in addition to the amount of any
24 limitation imposed on obligations for Federal-
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1 aid highway and highway safety construction
2 programs for future fiscal years.
3 (e) REDISTRIBUTION OF CERTAIN AUTHORIZED
4 FUNDS.—
5 (1) IN GENERAL.—Not later than 30 days after
6 the date of distribution of obligation limitation
7 under subsection (a), the Secretary shall distribute
8 to the States any funds (excluding funds authorized
9 for the program under section 202 of title 23,
10 United States Code) that—
11 (A) are authorized to be appropriated for
12 such fiscal year for Federal-aid highway pro-
13 grams; and
14 (B) the Secretary determines will not be
15 allocated to the States (or will not be appor-
16 tioned to the States under section 204 of title
17 23, United States Code), and will not be avail-
18 able for obligation, for such fiscal year because
19 of the imposition of any obligation limitation for
20 such fiscal year.
21 (2) RATIO.—Funds shall be distributed under
22 paragraph (1) in the same proportion as the dis-
23 tribution of obligation authority under subsection
24 (a)(5).
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1 (3) AVAILABILITY.—Funds distributed to each
2 State under paragraph (1) shall be available for any
3 purpose described in section 133(b) of title 23,
4 United States Code.
5 SEC. 121. Notwithstanding 31 U.S.C. 3302, funds re-
6 ceived by the Bureau of Transportation Statistics from the
7 sale of data products, for necessary expenses incurred pur-
8 suant to chapter 63 of title 49, United States Code, may
9 be credited to the Federal-aid highways account for the
10 purpose of reimbursing the Bureau for such expenses:
11 Provided, That such funds shall be subject to the obliga-
12 tion limitation for Federal-aid highway and highway safety
13 construction programs.
14 SEC. 122. Not less than 15 days prior to waiving,
15 under his or her statutory authority, any Buy America re-
16 quirement for Federal-aid highways projects, the Sec-
17 retary of Transportation shall make an informal public no-
18 tice and comment opportunity on the intent to issue such
19 waiver and the reasons therefor: Provided, That the Sec-
20 retary shall provide an annual report to the House and
21 Senate Committees on Appropriations on any waivers
22 granted under the Buy America requirements.
23 SEC. 123. None of the funds made available in this
24 Act may be used to make a grant for a project under sec-
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25 tion 117 of title 23, United States Code, unless the Sec-
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1 retary, at least 60 days before making a grant under that
2 section, provides written notification to the House and
3 Senate Committees on Appropriations of the proposed
4 grant, including an evaluation and justification for the
5 project and the amount of the proposed grant award: Pro-
6 vided, That the written notification required in the pre-
7 ceding proviso shall be made not later than 180 days after
8 the date of enactment of this Act.
9 SEC. 124. (a) A State or territory, as defined in sec-
10 tion 165 of title 23, United States Code, may use for any
11 project eligible under section 133(b) of title 23 or section
12 165 of title 23 and located within the boundary of the
13 State or territory any earmarked amount, and any associ-
14 ated obligation limitation: Provided, That the Department
15 of Transportation for the State or territory for which the
16 earmarked amount was originally designated or directed
17 notifies the Secretary of its intent to use its authority
18 under this section and submits an annual report to the
19 Secretary identifying the projects to which the funding
20 would be applied. Notwithstanding the original period of
21 availability of funds to be obligated under this section,
22 such funds and associated obligation limitation shall re-
23 main available for obligation for a period of 3 fiscal years
24 after the fiscal year in which the Secretary is notified. The
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25 Federal share of the cost of a project carried out with
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1 funds made available under this section shall be the same
2 as associated with the earmark.
3 (b) In this section, the term ‘‘earmarked amount’’
4 means—
5 (1) congressionally directed spending, as de-
6 fined in rule XLIV of the Standing Rules of the
7 Senate, identified in a prior law, report, or joint ex-
8 planatory statement, which was authorized to be ap-
9 propriated or appropriated more than 10 fiscal years
10 prior to the current fiscal year, and administered by
11 the Federal Highway Administration; or
12 (2) a congressional earmark, as defined in rule
13 XXI of the Rules of the House of Representatives,
14 identified in a prior law, report, or joint explanatory
15 statement, which was authorized to be appropriated
16 or appropriated more than 10 fiscal years prior to
17 the current fiscal year, and administered by the Fed-
18 eral Highway Administration.
19 (c) The authority under subsection (a) may be exer-
20 cised only for those projects or activities that have obli-
21 gated less than 10 percent of the amount made available
22 for obligation as of October 1 of the current fiscal year,
23 and shall be applied to projects within the same general
24 geographic area within 25 miles for which the funding was
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25 designated, except that a State or territory may apply
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1 such authority to unexpended balances of funds from
2 projects or activities the State or territory certifies have
3 been closed and for which payments have been made under
4 a final voucher.
5 (d) The Secretary shall submit consolidated reports
6 of the information provided by the States and territories
7 annually to the House and Senate Committees on Appro-
8 priations.
9 SEC. 125. Until final guidance is published, the Ad-
10 ministrator of the Federal Highway Administration shall
11 adjudicate requests for Buy America waivers under the
12 criteria that were in effect prior to April 17, 2018.
13 FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION
14 MOTOR CARRIER SAFETY OPERATIONS AND PROGRAMS
15 (LIQUIDATION OF CONTRACT AUTHORIZATION)
16 (LIMITATION ON OBLIGATIONS)
17 (HIGHWAY TRUST FUND)
18 For payment of obligations incurred in the implemen-
19 tation, execution, and administration of motor carrier
20 safety operations and programs pursuant to section 31110
21 of title 49, United States Code, $367,500,000 (reduced
22 by $10,000,000) (increased by $10,000,000), to be derived
23 from the Highway Trust Fund (other than the Mass Tran-
24 sit Account), together with advances and reimbursements
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25 received by the Federal Motor Carrier Safety Administra-
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1 tion, the sum of which shall remain available until ex-
2 pended: Provided, That funds available for implementa-
3 tion, execution, or administration of motor carrier safety
4 operations and programs authorized under title 49, United
5 States Code, shall not exceed total obligations of
6 $367,500,000, for ‘‘Motor Carrier Safety Operations and
7 Programs’’ for fiscal year 2023, of which $14,073,000, to
8 remain available for obligation until September 30, 2025,
9 is for the research and technology program, and of which
10 not less than $63,098,000, to remain available for obliga-
11 tion until September 30, 2025, is for development, mod-
12 ernization, enhancement, and continued operation and
13 maintenance of information technology and information
14 management.
15 MOTOR CARRIER SAFETY GRANTS
16 (LIQUIDATION OF CONTRACT AUTHORIZATION)
17 (LIMITATION ON OBLIGATIONS)
18 (HIGHWAY TRUST FUND)
19 For payment of obligations incurred in carrying out
20 sections 31102, 31103, 31104, and 31313 of title 49,
21 United States Code, $506,150,000, to be derived from the
22 Highway Trust Fund (other than the Mass Transit Ac-
23 count) and to remain available until expended: Provided,
24 That funds available for the implementation or execution
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25 of motor carrier safety programs shall not exceed total ob-
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1 ligations of $506,150,000 in fiscal year 2023 for ‘‘Motor
2 Carrier Safety Grants’’: Provided further, That of the
3 amounts made available under this heading—
4 (1) $398,500,000, to remain available for obli-
5 gation until September 30, 2024, shall be for the
6 motor carrier safety assistance program;
7 (2) $42,650,000, to remain available for obliga-
8 tion until September 30, 2024, shall be for the com-
9 mercial driver’s license program implementation pro-
10 gram;
11 (3) $58,800,000, to remain available for obliga-
12 tion until September 30, 2024, shall be for the high
13 priority program;
14 (4) $1,200,000, to remain available for obliga-
15 tion until September 30, 2024, shall be for the com-
16 mercial motor vehicle operators grant program; and
17 (5) $5,000,000, to remain available for obliga-
18 tion until September 30, 2024, shall be for the com-
19 mercial motor vehicle enforcement training and sup-
20 port grant program.
21 ADMINISTRATIVE PROVISIONS—FEDERAL MOTOR
22 CARRIER SAFETY ADMINISTRATION
23 SEC. 130. The Federal Motor Carrier Safety Admin-
24 istration shall update annual inspection regulations under
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25 Appendix G to subchapter B of chapter III of title 49,
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1 Code of Federal Regulations, as recommended by GAO–
2 19–264.
3 SEC. 131. None of the funds appropriated or other-
4 wise made available to the Department of Transportation
5 by this Act or any other Act may be obligated or expended
6 to implement, administer, or enforce the requirements of
7 section 31137 of title 49, United States Code, or any regu-
8 lation issued by the Secretary pursuant to such section,
9 with respect to the use of electronic logging devices by op-
10 erators of commercial motor vehicles, as such term is de-
11 fined in section 31132 of such title, who are transporting
12 livestock, as such term is defined in section 602 of the
13 Emergency Livestock Feed Assistance Act of 1988 (7
14 U.S.C. 1471), or insects.
15 NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION
16 OPERATIONS AND RESEARCH
17 For expenses necessary to discharge the functions of
18 the Secretary, with respect to traffic and highway safety
19 authorized under chapter 301 and part C of subtitle VI
20 of title 49, United States Code, $230,000,000, to remain
21 available through September 30, 2024.
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1 OPERATIONS AND RESEARCH
2 (LIQUIDATION OF CONTRACT AUTHORIZATION)
3 (LIMITATION ON OBLIGATIONS)
4 (HIGHWAY TRUST FUND)
5 For payment of obligations incurred in carrying out
6 the provisions of section 403 of title 23, United States
7 Code, including behavioral research on Automated Driving
8 Systems and Advanced Driver Assistance Systems and im-
9 proving consumer responses to safety recalls, section
10 25024 of the Infrastructure Investment and Jobs Act
11 (Public Law 117–58), and chapter 303 of title 49, United
12 States Code, $197,000,000, to be derived from the High-
13 way Trust Fund (other than the Mass Transit Account)
14 and to remain available until expended: Provided, That
15 none of the funds in this Act shall be available for the
16 planning or execution of programs the total obligations for
17 which, in fiscal year 2023, are in excess of $197,000,000:
18 Provided further, That of the sums appropriated under
19 this heading—
20 (1) $190,000,000 shall be for programs author-
21 ized under section 403 of title 23, United States
22 Code, including behavioral research on Automated
23 Driving Systems and Advanced Driver Assistance
24 Systems and improving consumer responses to safety
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1 recalls, and section 25024 of the Infrastructure In-
2 vestment and Jobs Act (Public Law 117–58); and
3 (2) $7,000,000 shall be for the National Driver
4 Register authorized under chapter 303 of title 49,
5 United States Code:
6 Provided further, That within the $197,000,000 obligation
7 limitation for operations and research, $57,500,000 shall
8 remain available until September 30, 2024: Provided fur-
9 ther, That amounts for behavioral research on Automated
10 Driving Systems and Advanced Driver Assistance Systems
11 and improving consumer responses to safety recalls are in
12 addition to any other funds provided for those purposes
13 for fiscal year 2023 in this Act.
14 HIGHWAY TRAFFIC SAFETY GRANTS
15 (LIQUIDATION OF CONTRACT AUTHORIZATION)
16 (LIMITATION ON OBLIGATIONS)
17 (HIGHWAY TRUST FUND)
18 For payment of obligations incurred in carrying out
19 provisions of sections 402, 404, and 405 of title 23,
20 United States Code, and grant administration expenses
21 under chapter 4 of title 23, United States Code, to remain
22 available until expended, $795,220,000, to be derived from
23 the Highway Trust Fund (other than the Mass Transit
24 Account): Provided, That none of the funds in this Act
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25 shall be available for the planning or execution of pro-
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1 grams for which the total obligations in fiscal year 2023
2 are in excess of $795,220,000 for programs authorized
3 under sections 402, 404, and 405 of title 23, United
4 States Code, and grant administration expenses under
5 chapter 4 of title 23, United States Code: Provided further,
6 That of the sums appropriated under this heading—
7 (1) $370,900,000 shall be for ‘‘Highway Safety
8 Programs’’ under section 402 of title 23, United
9 States Code;
10 (2) $346,500,000 shall be for ‘‘National Pri-
11 ority Safety Programs’’ under section 405 of title
12 23, United States Code;
13 (3) $38,300,000 shall be for the ‘‘High Visi-
14 bility Enforcement Program’’ under section 404 of
15 title 23, United States Code; and
16 (4) $39,520,000 shall be for grant administra-
17 tive expenses under chapter 4 of title 23, United
18 States Code:
19 Provided further, That none of these funds shall be used
20 for construction, rehabilitation, or remodeling costs, or for
21 office furnishings and fixtures for State, local or private
22 buildings or structures: Provided further, That not to ex-
23 ceed $500,000 of the funds made available for ‘‘National
24 Priority Safety Programs’’ under section 405 of title 23,
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25 United States Code, for ‘‘Impaired Driving Counter-
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1 measures’’ (as described in subsection (d) of that section)
2 shall be available for technical assistance to the States:
3 Provided further, That with respect to the ‘‘Transfers’’
4 provision under section 405(a)(8) of title 23, United
5 States Code, any amounts transferred to increase the
6 amounts made available under section 402 shall include
7 the obligation authority for such amounts: Provided fur-
8 ther, That the Administrator shall notify the House and
9 Senate Committees on Appropriations of any exercise of
10 the authority granted under the preceding proviso or
11 under section 405(a)(8) of title 23, United States Code,
12 within 5 days.
13 ADMINISTRATIVE PROVISIONS—NATIONAL HIGHWAY
14 TRAFFIC SAFETY ADMINISTRATION
15 SEC. 140. An additional $130,000 shall be made
16 available to the National Highway Traffic Safety Adminis-
17 tration, out of the amount limited for section 402 of title
18 23, United States Code, to pay for travel and related ex-
19 penses for State management reviews and to pay for core
20 competency development training and related expenses for
21 highway safety staff.
22 SEC. 141. The limitations on obligations for the pro-
23 grams of the National Highway Traffic Safety Adminis-
24 tration set in this Act shall not apply to obligations for
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25 which obligation authority was made available in previous
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1 public laws but only to the extent that the obligation au-
2 thority has not lapsed or been used.
3 SEC. 142. None of the funds in this Act or any other
4 Act shall be used to enforce the requirements of section
5 405(a)(9) of title 23, United States Code.
6 FEDERAL RAILROAD ADMINISTRATION
7 SAFETY AND OPERATIONS
8 For necessary expenses of the Federal Railroad Ad-
9 ministration, not otherwise provided for, $250,449,000
10 (reduced by $1,000,000) (increased by $1,000,000), of
11 which $25,000,000 shall remain available until expended.
12 RAILROAD RESEARCH AND DEVELOPMENT
13 For necessary expenses for railroad research and de-
14 velopment, $47,000,000, to remain available until ex-
15 pended: Provided, That of the amounts made available
16 under this heading, up to $3,000,000 shall be available
17 pursuant to section 20108(d) of title 49, United States
18 Code, for the construction, alteration, and repair of build-
19 ings and improvements at the Transportation Technology
20 Center.
21 FEDERAL-STATE PARTNERSHIP FOR INTERCITY
22 PASSENGER RAIL
23 For necessary expenses related to Federal-State
24 Partnership for Intercity Passenger Rail grants as author-
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25 ized by section 24911 of title 49, United States Code,
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1 $555,000,000, to remain available until expended: Pro-
2 vided, That amounts made available under the heading
3 ‘‘Northeast Corridor Grants to the National Railroad Pas-
4 senger Corporation’’ in this Act may be used as non-Fed-
5 eral share for projects located on the Northeast Corridor
6 selected for award under section 24911 of title 49, United
7 States Code, notwithstanding subsection (f) of such sec-
8 tion: Provided further, That amounts made available under
9 the heading ‘‘National Network Grants to the National
10 Railroad Passenger Corporation’’ in this Act may be used
11 as non-Federal share for projects not located on the
12 Northeast Corridor selected for award under section
13 24911 of title 49, United States Code, notwithstanding
14 subsection (f) of such section: Provided further, That the
15 Secretary may withhold up to 2 percent of the amounts
16 made available under this heading in this Act for the costs
17 of award and project management oversight of grants car-
18 ried out under title 49, United States Code.
19 CONSOLIDATED RAIL INFRASTRUCTURE AND SAFETY
20 IMPROVEMENTS
21 For necessary expenses related to Consolidated Rail
22 Infrastructure and Safety Improvements grants, as au-
23 thorized by section 22907 of title 49, United States Code,
24 $630,000,000, to remain available until expended: Pro-
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1 vided, That of the amounts made available under this
2 heading in this Act—
3 (1) not less than $150,000,000 shall be for
4 projects eligible under section 22907(c)(2) of title
5 49, United States Code, that support the develop-
6 ment of new intercity passenger rail service routes
7 including alignments for existing routes;
8 (2) not less than $25,000,000 shall be for
9 projects eligible under section 22907(c)(11) of title
10 49, United States Code: Provided, That for amounts
11 made available in this paragraph, the Secretary shall
12 give preference to projects that are located in coun-
13 ties with the most pedestrian trespasser casualties;
14 and
15 (3) $5,000,000 shall be for preconstruction
16 planning activities and capital costs related to the
17 deployment of magnetic levitation transportation
18 projects:
19 Provided further, That for amounts made available under
20 this heading, eligible projects under section 22907(c)(8)
21 of title 49, United States Code, shall also include railroad
22 systems planning (including the preparation of regional
23 intercity passenger rail plans and State Rail Plans) and
24 railroad project development activities (including railroad
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25 project planning, preliminary engineering, design, environ-
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1 mental analysis, feasibility studies, and the development
2 and analysis of project alternatives): Provided further,
3 That section 22907(e)(1)(A) of title 49, United States
4 Code, shall not apply to amounts made available under
5 this heading: Provided further, That section
6 22907(e)(1)(A) of title 49, United States Code, shall not
7 apply to amounts made available under this heading in
8 previous fiscal years if such funds are announced in a no-
9 tice of funding opportunity that includes funds made avail-
10 able under this heading: Provided further, That unobli-
11 gated balances remaining after 6 years after the date of
12 enactment of this Act may be used for any eligible project
13 under section 22907(c) of title 49, United States Code:
14 Provided further, That the Secretary may withhold up to
15 2 percent of the amounts made available under this head-
16 ing in this Act for the costs of award and project manage-
17 ment oversight of grants carried out under title 49, United
18 States Code.
19 NORTHEAST CORRIDOR GRANTS TO THE NATIONAL
20 RAILROAD PASSENGER CORPORATION
21 To enable the Secretary of Transportation to make
22 grants to the National Railroad Passenger Corporation for
23 activities associated with the Northeast Corridor as au-
24 thorized by section 22101(a) of the Infrastructure Invest-
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25 ment and Jobs Act (Public Law 117–58), $882,000,000,
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1 to remain available until expended: Provided, That the
2 Secretary may retain up to one-half of 1 percent of the
3 amounts made available under both this heading in this
4 Act and the ‘‘National Network Grants to the National
5 Railroad Passenger Corporation’’ heading in this Act to
6 fund the costs of project management and oversight of ac-
7 tivities authorized by section 22101(c) of the Infrastruc-
8 ture Investment and Jobs Act (Public Law 117–58): Pro-
9 vided further, That in addition to the project management
10 oversight funds authorized under section 22101(c) of the
11 Infrastructure Investment and Jobs Act (Public Law 117–
12 58), the Secretary may retain up to an additional
13 $1,000,000 of the amounts made available under this
14 heading in this Act to fund expenses associated with the
15 Northeast Corridor Commission established under section
16 24905 of title 49, United States Code: Provided further,
17 That notwithstanding section 24911(f) of title 49, United
18 States Code, amounts made available under this heading
19 in this Act may be used as non-Federal share for projects
20 located on the Northeast Corridor selected for award
21 under section 24911 of title 49, United States Code.
22 NATIONAL NETWORK GRANTS TO THE NATIONAL
23 RAILROAD PASSENGER CORPORATION
24 To enable the Secretary of Transportation to make
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25 grants to the National Railroad Passenger Corporation for
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1 activities associated with the National Network as author-
2 ized by section 22101(b) of the Infrastructure Investment
3 and Jobs Act (Public Law 117–58), $1,463,000,000, to
4 remain available until expended: Provided, That the Na-
5 tional Railroad Passenger Corporation may use up to 10
6 percent of the amounts made available under this heading
7 in this Act to support planning and capital costs, and op-
8 erating assistance consistent with the Federal funding lim-
9 itations under section 22908 of title 49, United States
10 Code, of corridors selected under section 25101 of title
11 49, United States Code, that are operated by the National
12 Railroad Passenger Corporation: Provided further, That
13 notwithstanding section 24911(f) of title 49, United
14 States Code, amounts made available under this heading
15 in this Act may be used as non-Federal share for projects
16 not located on the Northeast Corridor selected for award
17 under section 24911 of title 49, United States Code: Pro-
18 vided further, That none of the funds made available under
19 this heading in this Act shall be used by Amtrak to give
20 notice under subsection (a) or (c) of section 24706 of title
21 49, United States Code, with respect to long-distance
22 routes (as defined in section 24102 of title 49, United
23 States Code) on which Amtrak is the sole operator on a
24 host railroad’s line and a positive train control system is
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25 not required by law or regulation, or, except in an emer-
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1 gency or during maintenance or construction outages im-
2 pacting such routes, to otherwise discontinue, reduce the
3 frequency of, suspend, or substantially alter the route of
4 rail service on any portion of such route operated in fiscal
5 year 2018, including implementation of service permitted
6 by section 24305(a)(3)(A) of title 49, United States Code,
7 in lieu of rail service.
8 ADMINISTRATIVE PROVISIONS—FEDERAL RAILROAD
9 ADMINISTRATION
10 (INCLUDING RESCISSION)
11 (INCLUDING TRANSFER OF FUNDS)
12 SEC. 150. None of the funds made available by this
13 Act may be used by the National Railroad Passenger Cor-
14 poration in contravention of the Worker Adjustment and
15 Retraining Notification Act (29 U.S.C. 2101 et seq.).
16 SEC. 151. Amounts made available in this and prior
17 Acts to the Secretary or to the Federal Railroad Adminis-
18 tration for the costs of award, administration, and project
19 management oversight of financial assistance which are
20 administered by the Federal Railroad Administration may
21 be transferred to the Federal Railroad Administration’s
22 ‘‘Financial Assistance Oversight and Technical Assist-
23 ance’’ account for necessary expenses to support the
24 award, administration, project management oversight, and
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25 technical assistance of financial assistance administered
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1 by the Federal Railroad Administration, in the same man-
2 ner as appropriated in this and prior Acts: Provided, That
3 this section shall not apply to amounts that were pre-
4 viously designated by the Congress as an emergency re-
5 quirement pursuant to a concurrent resolution on the
6 budget or the Balanced Budget and Emergency Deficit
7 Control Act of 1985.
8 SEC. 152. Amounts made available under the heading
9 ‘‘Department of Transportation—Federal Railroad Ad-
10 ministration—Restoration and Enhancement’’ in any
11 prior fiscal years are subject to the requirements of section
12 22908 of title 49, United States Code, as in effect on the
13 effective date of the Infrastructure Investment and Jobs
14 Act (Public Law 117–58): Provided, That the limitation
15 in subsection (e)(2) of section 22908 of title 49, United
16 States Code, shall not apply to amounts made available
17 for grants under such section in any prior Act.
18 SEC. 153. Amounts transferred to a ‘‘Financial As-
19 sistance Oversight and Technical Assistance’’ account pur-
20 suant to section 802 of title VIII of the Infrastructure
21 Investment and Jobs Appropriations Act (division J of
22 Public Law 117–58), as amended by section 156 of this
23 title, from amounts appropriated for fiscal year 2023 may
24 also be used by the Federal Railroad Administration for
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25 the Northeast Corridor Commission established under sec-
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1 tion 24905 of title 49, United States Code, and for the
2 State-Supported Route Committee established under sec-
3 tion 24712(a) of title 49, United States Code, including
4 to assist the Federal Railroad Administration with the de-
5 livery of projects carried out with amounts made available
6 under the headings ‘‘Department of Transportation—Fed-
7 eral Railroad Administration—Northeast Corridor Grants
8 to the National Railroad Passenger Corporation’’, ‘‘De-
9 partment of Transportation—Federal Railroad Adminis-
10 tration—National Network Grants to the National Rail-
11 road Passenger Corporation’’, and ‘‘Department of Trans-
12 portation—Federal Railroad Administration—Federal-
13 State Partnership for Intercity Passenger Rail Grants’’ in
14 such title: Provided, That the Federal Railroad Adminis-
15 tration shall notify the House and Senate Committees on
16 Appropriations not less than 15 days prior to making any
17 amounts available to the Northeast Corridor Commission
18 or State-Supported Route Committee pursuant to this sec-
19 tion: Provided further, That amounts repurposed by this
20 section that were previously designated by the Congress
21 as an emergency requirement pursuant to the Balanced
22 Budget and Emergency Deficit Control Act of 1985 or a
23 concurrent resolution on the budget are designated as an
24 emergency requirement pursuant to section 4001(a)(1) of
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25 S. Con. Res. 14 (117th Congress), the concurrent resolu-
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1 tion on the budget for fiscal year 2022, and section 1(e)
2 of H. Res. 1151 (117th Congress) as engrossed in the
3 House of Representatives on June 8, 2022.
4 SEC. 154. The matter under the heading ‘‘Depart-
5 ment of Transportation—Federal Railroad Administra-
6 tion—Northeast Corridor Grants to the National Railroad
7 Passenger Corporation’’ in title VIII of division J of Pub-
8 lic Law 117–58 is amended—
9 (1) in the fourth proviso, by striking ‘‘Secretary
10 of Transportation shall submit’’ and inserting ‘‘Sec-
11 retary of Transportation, in consultation with Am-
12 trak, shall submit’’;
13 (2) in the fifth proviso, by striking ‘‘Secretary
14 of Transportation shall submit’’ and inserting ‘‘Sec-
15 retary of Transportation, in consultation with Am-
16 trak, shall prepare and submit’’; and
17 (3) in the tenth proviso, by striking ‘‘, to facili-
18 tate a coordinated and efficient delivery of projects
19 carried out under this heading in this Act’’:
20 Provided, That amounts repurposed by the amendments
21 made by this section that were previously designated by
22 the Congress as an emergency requirement pursuant to
23 the Balanced Budget and Emergency Deficit Control Act
24 of 1985 or a concurrent resolution on the budget are des-
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25 ignated as an emergency requirement pursuant to section
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1 4001(a)(1) of S. Con. Res. 14 (117th Congress), the con-
2 current resolution on the budget for fiscal year 2022, and
3 section 1(e) of H. Res. 1151 (117th Congress) as en-
4 grossed in the House of Representatives on June 8, 2022.
5 SEC. 155. The matter under the heading ‘‘Depart-
6 ment of Transportation—Federal Railroad Administra-
7 tion—National Network Grants to the National Railroad
8 Passenger Corporation’’ in title VIII of division J of Pub-
9 lic Law 117–58 is amended—
10 (1) in the third proviso, by striking ‘‘Secretary
11 of Transportation shall submit’’ and inserting ‘‘Sec-
12 retary of Transportation, in consultation with Am-
13 trak, shall submit’’; and
14 (2) in the fourth proviso, by striking ‘‘Secretary
15 of Transportation shall submit’’ and inserting ‘‘Sec-
16 retary of Transportation, in consultation with Am-
17 trak, shall prepare and submit’’:
18 Provided, That amounts repurposed by the amendments
19 made by this section that were previously designated by
20 the Congress as an emergency requirement pursuant to
21 the Balanced Budget and Emergency Deficit Control Act
22 of 1985 or a concurrent resolution on the budget are des-
23 ignated as an emergency requirement pursuant to section
24 4001(a)(1) of S. Con. Res. 14 (117th Congress), the con-
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25 current resolution on the budget for fiscal year 2022, and
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1 section 1(e) of H. Res. 1151 (117th Congress) as en-
2 grossed in the House of Representatives on June 8, 2022.
3 SEC. 156. Section 802 of title VIII of division J of
4 Public Law 117–58 is amended—
5 (1) in the first proviso, by inserting ‘‘that could
6 be’’ after ‘‘amounts’’; and
7 (2) in the second proviso, by inserting ‘‘that
8 could be’’ after ‘‘amounts’’:
9 Provided, That amounts repurposed by the amendments
10 made by this section that were previously designated by
11 the Congress as an emergency requirement pursuant to
12 the Balanced Budget and Emergency Deficit Control Act
13 of 1985 or a concurrent resolution on the budget are des-
14 ignated as an emergency requirement pursuant to section
15 4001(a)(1) of S. Con. Res. 14 (117th Congress), the con-
16 current resolution on the budget for fiscal year 2022, and
17 section 1(e) of H. Res. 1151 (117th Congress) as en-
18 grossed in the House of Representatives on June 8, 2022.
19 SEC. 157. Of the unobligated balances of funds re-
20 maining from the ‘‘Rail Line Relocation and Improvement
21 Program’’ account totaling $1,811,124.16 appropriated by
22 Public Law 112–10 is hereby permanently rescinded.
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1 FEDERAL TRANSIT ADMINISTRATION
2 TRANSIT FORMULA GRANTS
3 (LIQUIDATION OF CONTRACT AUTHORIZATION)
4 (LIMITATION ON OBLIGATIONS)
5 (HIGHWAY TRUST FUND)
6 For payment of obligations incurred in the Federal
7 Public Transportation Assistance Program in this ac-
8 count, and for payment of obligations incurred in carrying
9 out the provisions of sections 5305, 5307, 5310, 5311,
10 5312, 5314, 5318, 5329(e)(6), 5334, 5335, 5337, 5339,
11 and 5340 of title 49, United States Code, section
12 20005(b) of MAP–21 (Public Law 112–141), and section
13 3006(b) of the Fixing America’s Surface Transportation
14 Act (Public Law 114–94), $13,634,000,000 (reduced by
15 $1,000,000) (increased by $1,000,000), to be derived from
16 the Mass Transit Account of the Highway Trust Fund
17 and to remain available until expended: Provided, That
18 funds available for the implementation or execution of pro-
19 grams authorized under sections 5305, 5307, 5310, 5311,
20 5312, 5314, 5318, 5329(e)(6), 5334, 5335, 5337, 5339,
21 and 5340 of title 49, United States Code, section
22 20005(b) of MAP–21 (Public Law 112–141), and section
23 3006(b) of the Fixing America’s Surface Transportation
24 Act (Public Law 114–94), shall not exceed total obliga-
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1 TRANSIT INFRASTRUCTURE GRANTS
2 For an additional amount for buses and bus facilities
3 competitive grants under section 5339(b) of title 49,
4 United States Code, low or no emission grants under sec-
5 tion 5339(c) of such title, passenger ferry grants under
6 section 5307(h) of such title, bus testing facilities under
7 section 5318 of such title, Community Project Funding
8 for projects and activities eligible under chapter 53 of such
9 title, administrative expenses and ongoing program man-
10 agement oversight as authorized under sections 5334 and
11 5338(c)(2) of such title, ferry service for rural commu-
12 nities under section 71103 of the Infrastructure Invest-
13 ment and Jobs Act (Public Law 117–58), and competitive
14 integrated smart mobility grants, $646,428,324, to re-
15 main available until expended: Provided, That of the
16 amounts made available under this heading in this Act—
17 (1) $200,000,000 shall be for buses and bus fa-
18 cilities competitive grants as authorized under sec-
19 tion 5339(b) of such title;
20 (2) $75,000,000 shall be for low or no emission
21 grants as authorized under section 5339(c) of such
22 title: Provided, That for amounts made available in
23 this paragraph, the minimum grant award shall be
24 not less than $750,000;
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1 (3) $20,000,000 shall be for passenger ferry
2 grants as authorized under section 5307(h) of such
3 title;
4 (4) $2,000,000 shall be for the operation and
5 maintenance of the bus testing facilities selected
6 under section 5318 of such title: Provided, That for
7 amounts made available in this paragraph, the Fed-
8 eral cost share shall be 100 percent;
9 (5) $267,428,324 shall be for Community
10 Project Funding for the purposes, and in the
11 amounts, specified for this account in the table titled
12 ‘‘Transportation, Housing and Urban Development
13 Incorporation of Community Project Funding
14 Items’’ included in the report accompanying this
15 Act: Provided, That unless otherwise specified, appli-
16 cable requirements under chapter 53 of title 49,
17 United States Code, shall apply to amounts made
18 available in this paragraph, except that the Federal
19 share of the costs for a project in this paragraph
20 shall be in an amount equal to 80 percent of the net
21 costs of the project, unless the Secretary approves a
22 higher maximum Federal share of the net costs of
23 the project consistent with administration of similar
24 projects funded under chapter 53 of title 49, United
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25 States Code;
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1 (6) $2,000,000 shall be for administrative ex-
2 penses and ongoing program management oversight
3 as authorized under sections 5334 and 5338(c)(2) of
4 title 49, United States Code, including for admin-
5 istering amounts made available for Community
6 Project Funding in paragraph (5) under this head-
7 ing in this Act, and shall be in addition to any other
8 appropriations available for such purpose;
9 (7) $30,000,000 shall be for ferry service for
10 rural communities under section 71103 of the Infra-
11 structure Investment and Jobs Act (Public Law
12 117–58): Provided, That for amounts made available
13 in this paragraph, notwithstanding section
14 71103(a)(2)(B), eligible service shall include pas-
15 senger ferry service that serves at least two rural
16 areas with a single segment over 20 miles between
17 the two rural areas and is not otherwise eligible
18 under section 5307(h) of title 49, United States
19 Code: Provided further, That entities that provide el-
20 igible service pursuant to the preceding proviso may
21 use amounts made available in this paragraph for
22 public transportation capital projects to support any
23 ferry service between two rural areas: Provided fur-
24 ther, That entities eligible for amounts made avail-
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1 able in this paragraph shall only provide ferry serv-
2 ice to rural areas; and
3 (8) $50,000,000 shall be for integrated smart
4 mobility grants to recipients eligible under sections
5 5307 and 5311 of title 49, United States Code, for
6 planning and capital projects eligible under chapter
7 53 of such title that support the adoption of innova-
8 tive approaches to mobility that will improve safety,
9 accessibility, air-quality, and equity in access to com-
10 munity services and economic opportunities: Pro-
11 vided, That such innovative approaches may include
12 changes to service frequencies, patterns, areas of
13 coverage, and first and last mile options such as op-
14 timizing transit route planning and using integrated
15 travel planning and payment systems; fare improve-
16 ment projects; deployment of transit ambassadors;
17 data and systems integration; and other activities
18 designed to improve public transportation services:
19 Provided further, That the Secretary shall give pref-
20 erence to projects that will improve access to jobs
21 and affordable housing; enhance connections to
22 health care, education, and food security; improve
23 health outcomes; address how individuals without ac-
24 cess to advanced technology will benefit from such
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25 innovative solutions; or include job retention and re-
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1 training for current employees: Provided further,
2 That the Secretary shall award not less than 5 but
3 not more than 10 integrated smart mobility grants
4 with amounts made available in this paragraph: Pro-
5 vided further, That the Secretary shall award, to not
6 less than 3 distinct recipients, not less than 1 such
7 grant to a recipient eligible under section 5307 of
8 title 49, United States Code, not less than 1 such
9 grant to a recipient eligible under section 5311 of
10 title 49, United States Code, and not less than 1
11 such grant to a recipient eligible under section 5307
12 or 5311 of title 49, United States Code, that pro-
13 vides commuter rail passenger transportation: Pro-
14 vided further, That capital and operating expenses
15 shall be eligible for amounts made available in this
16 paragraph: Provided further, That an eligible sub-
17 recipient under section 5307 or 5311 of title 49,
18 United States Code, shall be eligible to be a direct
19 recipient: Provided further, That the Federal share
20 for planning and capital projects funded with
21 amounts made available in this paragraph shall not
22 exceed 80 percent of the net project cost: Provided
23 further, That the Federal share for operating ex-
24 penses funded with amounts made available in this
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25 paragraph shall not exceed 50 percent of the net
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1 project cost: Provided further, That the Secretary
2 shall not waive requirements in section 5333 of title
3 49, United States Code, for projects funded with
4 amounts made available in this paragraph: Provided
5 further, That unless otherwise specified, applicable
6 requirements under chapter 53 of title 49, United
7 States Code, shall apply to amounts made available
8 in this paragraph:
9 Provided further, That amounts made available under this
10 heading in this Act shall be derived from the general fund:
11 Provided further, That amounts made available under this
12 heading in this Act shall not be subject to any limitation
13 on obligations for transit programs set forth in this or any
14 other Act.
15 TECHNICAL ASSISTANCE AND TRAINING
16 For necessary expenses to carry out section 5314 of
17 title 49, United States Code, $8,000,000, to remain avail-
18 able until September 30, 2024: Provided, That the assist-
19 ance provided under this heading does not duplicate the
20 activities of section 5311(b) or section 5312 of title 49,
21 United States Code: Provided further, That amounts made
22 available under this heading are in addition to any other
23 amounts made available for such purposes: Provided fur-
24 ther, That amounts made available under this heading
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1 shall not be subject to any limitation on obligations set
2 forth in this or any other Act.
3 CAPITAL INVESTMENT GRANTS
4 For necessary expenses to carry out fixed guideway
5 capital investment grants under section 5309 of title 49,
6 United States Code, and section 3005(b) of the Fixing
7 America’s Surface Transportation Act (Public Law 114–
8 94), $3,012,000,000, to remain available until expended:
9 Provided, That of the amounts made available under this
10 heading in this Act, $1,897,166,000 shall be available for
11 projects authorized under section 5309(d) of title 49,
12 United States Code, $40,714,000 shall be available for
13 projects authorized under section 5309(e) of title 49,
14 United States Code, $94,000,000 shall be available for
15 projects authorized under section 5309(h) of title 49,
16 United States Code, and $350,000,000 shall be available
17 for projects authorized under section 3005(b) of the Fix-
18 ing America’s Surface Transportation Act (Public Law
19 114–94): Provided further, That the Secretary shall con-
20 tinue to administer the capital investment grants program
21 in accordance with the procedural and substantive require-
22 ments of section 5309 of title 49, United States Code, and
23 of section 3005(b) of the Fixing America’s Surface Trans-
24 portation Act (Public Law 114–94): Provided further,
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25 That projects that receive a grant agreement under the
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1 Expedited Project Delivery for Capital Investment Grants
2 Pilot Program under section 3005(b) of the Fixing Amer-
3 ica’s Surface Transportation Act (Public Law 114–94)
4 shall be deemed eligible for funding provided for projects
5 under section 5309 of title 49, United States Code, with-
6 out further evaluation or rating under such section: Pro-
7 vided further, That such funding shall not exceed the Fed-
8 eral share under section 3005(b) of the Fixing America’s
9 Surface Transportation Act (Public Law 114–94): Pro-
10 vided further, That upon submission to the Congress of
11 the fiscal year 2024 President’s budget, the Secretary of
12 Transportation shall transmit to Congress the annual re-
13 port on capital investment grants, including proposed allo-
14 cations for fiscal year 2024.
15 GRANTS TO THE WASHINGTON METROPOLITAN AREA
16 TRANSIT AUTHORITY
17 For grants to the Washington Metropolitan Area
18 Transit Authority as authorized under section 601 of divi-
19 sion B of the Passenger Rail Investment and Improvement
20 Act of 2008 (Public Law 110–432), $150,000,000, to re-
21 main available until expended: Provided, That the Sec-
22 retary of Transportation shall approve grants for capital
23 and preventive maintenance expenditures for the Wash-
24 ington Metropolitan Area Transit Authority only after re-
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1 Provided further, That the Secretary shall determine that
2 the Washington Metropolitan Area Transit Authority has
3 placed the highest priority on those investments that will
4 improve the safety of the system before approving such
5 grants.
6 ADMINISTRATIVE PROVISIONS—FEDERAL TRANSIT
7 ADMINISTRATION
8 SEC. 160. The limitations on obligations for the pro-
9 grams of the Federal Transit Administration shall not
10 apply to any authority under section 5338 of title 49,
11 United States Code, previously made available for obliga-
12 tion, or to any other authority previously made available
13 for obligation.
14 SEC. 161. Notwithstanding any other provision of
15 law, funds appropriated or limited by this Act under the
16 heading ‘‘Capital Investment Grants’’ of the Federal
17 Transit Administration for projects specified in this Act
18 or identified in the report accompanying this Act not obli-
19 gated by September 30, 2026, and other recoveries, shall
20 be directed to projects eligible to use the funds for the
21 purposes for which they were originally provided.
22 SEC. 162. Notwithstanding any other provision of
23 law, any funds appropriated before October 1, 2022, under
24 any section of chapter 53 of title 49, United States Code,
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25 that remain available for expenditure, may be transferred
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1 to and administered under the most recent appropriation
2 heading for any such section.
3 SEC. 163. None of the funds made available by this
4 Act or any other Act shall be used to adjust apportion-
5 ments or withhold funds from apportionments pursuant
6 to section 9503(e)(4) of the Internal Revenue Code of
7 1986 (26 U.S.C. 9503(e)(4)).
8 SEC. 164. None of the funds made available by this
9 Act or any other Act shall be used to impede or hinder
10 project advancement or approval for any project seeking
11 a Federal contribution from the capital investment grants
12 program of greater than 40 percent of project costs as
13 authorized under section 5309 of title 49, United States
14 Code.
15 SEC. 165. Of the amounts made available under the
16 heading ‘‘Department of Transportation—Federal Transit
17 Administration—Capital Investment Grants’’ in this Act,
18 $600,000,000 shall be made available for allocation to re-
19 cipients with existing full funding grant agreements under
20 sections 5309(d) and 5309(e) of title 49, United States
21 Code, that received allocations for fiscal year 2022 and
22 have either (1) a capital investment grant share of 40 per-
23 cent or less; or (2) signed a full funding grant agreement
24 between January 20, 2017 and January 20, 2021: Pro-
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1 ice shall not be eligible to receive an allocation of funding
2 under this section: Provided further, That amounts shall
3 be provided to recipients proportionally based on the non-
4 capital investment grant share of the project: Provided
5 further, That no project may receive an allocation of more
6 than 40 percent of the total amount in this section: Pro-
7 vided further, That the Secretary shall proportionally dis-
8 tribute funds in excess of such 40 percent to recipients
9 for which the percent of funds does not exceed 40 percent:
10 Provided further, That a recipient may not receive an allo-
11 cation of funding under this section if the recipient has
12 (1) expended less than 75 percent of the allocations re-
13 ceived under paragraph (4) of section 3401(b) of the
14 American Rescue Plan Act of 2021 (Public Law 117–2);
15 and (2) expended less than 50 percent of the federal oper-
16 ating assistance allocations received under section 5307
17 of title 49, United States Code, in the Coronavirus Aid,
18 Relief, and Economic Security Act (Public Law 116–136),
19 the Coronavirus Response and Relief Supplemental Appro-
20 priations Act, 2021 (Public Law 116–260), or the Amer-
21 ican Rescue Plan Act of 2021 (Public Law 117–2): Pro-
22 vided further, That amounts allocated pursuant to this sec-
23 tion shall be provided to eligible recipients notwithstanding
24 the limitation of any calculation of the maximum amount
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1 tion 5309(k)(2)(C)(ii) of title 49, United States Code:
2 Provided further, That the Federal Transit Administration
3 shall allocate amounts under this section no later than 30
4 days after the date of enactment of this Act.
5 SEC. 166. The remaining unobligated balances, as of
6 September 30, 2023, from amounts made available to the
7 Department of Transportation under the heading ‘‘Fed-
8 eral Transit Administration—Capital Investment Grants’’
9 in division H of the Further Consolidated Appropriations
10 Act, 2020 (Public Law 116–94) are hereby rescinded, and
11 an amount of additional new budget authority equivalent
12 to the amount rescinded is hereby appropriated on Sep-
13 tember 30, 2023, for an additional amount for fiscal year
14 2023, to remain available until September 30, 2024, and
15 shall be available for the same purposes and under the
16 same authorities for which such amounts were originally
17 provided in Public Law 116–94.
18 SEC. 167. Notwithstanding section 5302(4)(L) of
19 title 49, United States Code, fuel for vehicle operations,
20 including the cost of utilities used for the propulsion of
21 electrically driven vehicles, may be treated, at the option
22 of the recipient, as an associated capital maintenance item
23 for purposes of grants made under sections 5307 and
24 5311 of such title in fiscal year 2023: Provided, That an
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1 ing allocated under section 5307 or 5311 of such title to
2 an urbanized area, state, or territory in fiscal year 2023
3 may be obligated for such purpose from available amounts
4 allocated in fiscal year 2023 or prior years.
5 GREAT LAKES ST. LAWRENCE SEAWAY DEVELOPMENT
6 CORPORATION
7 The Great Lakes St. Lawrence Seaway Development
8 Corporation is hereby authorized to make such expendi-
9 tures, within the limits of funds and borrowing authority
10 available to the Corporation, and in accord with law, and
11 to make such contracts and commitments without regard
12 to fiscal year limitations, as provided by section 9104 of
13 title 31, United States Code, as may be necessary in car-
14 rying out the programs set forth in the Corporation’s
15 budget for the current fiscal year.
16 OPERATIONS AND MAINTENANCE
17 (HARBOR MAINTENANCE TRUST FUND)
18 For necessary expenses to conduct the operations,
19 maintenance, and capital infrastructure activities on por-
20 tions of the St. Lawrence Seaway owned, operated, and
21 maintained by the Great Lakes St. Lawrence Seaway De-
22 velopment Corporation, $41,500,000, to be derived from
23 the Harbor Maintenance Trust Fund, pursuant to section
24 210 of the Water Resources Development Act of 1986 (33
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25 U.S.C. 2238): Provided, That of the amounts made avail-
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1 able under this heading, not less than $14,800,000 shall
2 be for the seaway infrastructure program: Provided fur-
3 ther, That not more than $1,000,000 of the unobligated
4 balances from the amounts made available for capital
5 asset renewal activities under this heading or under the
6 heading ‘‘Saint Lawrence Seaway Development Corpora-
7 tion—Operations and Maintenance’’ in any prior Act shall
8 be for activities pursuant to section 984(a)(12) of title 33,
9 United States Code.
10 MARITIME ADMINISTRATION
11 MARITIME SECURITY PROGRAM
12 For necessary expenses to maintain and preserve a
13 U.S.-flag merchant fleet as authorized under chapter 531
14 of title 46, United States Code, to serve the national secu-
15 rity needs of the United States, $318,000,000, to remain
16 available until expended.
17 CABLE SECURITY FLEET
18 For the cable security fleet program, as authorized
19 under chapter 532 of title 46, United States Code,
20 $10,000,000, to remain available until expended.
21 TANKER SECURITY PROGRAM
22 For the tanker security fleet program, as authorized
23 under chapter 534 of title 46, United States Code,
24 $60,000,000, to remain available until expended.
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1 OPERATIONS AND TRAINING
2 For necessary expenses of operations and training ac-
3 tivities authorized by law, $192,000,000: Provided, That
4 of the amounts made available under this heading—
5 (1) $87,848,000, to remain available until Sep-
6 tember 30, 2024, shall be for the operations of the
7 United States Merchant Marine Academy;
8 (2) $11,900,000, to remain available until ex-
9 pended, shall be for facilities maintenance and re-
10 pair, and equipment, at the United States Merchant
11 Marine Academy;
12 (3) $6,000,000, to remain available until Sep-
13 tember 30, 2024 shall be for the Maritime Environ-
14 mental and Technical Assistance program authorized
15 under section 50307 of title 46, United States Code;
16 and
17 (4) $14,819,000, to remain available until ex-
18 pended, shall be for the America’s Marine Highway
19 Program to make grants for the purposes authorized
20 under paragraphs (1) and (3) of section 55601(b) of
21 title 46, United States Code:
22 Provided further, That the Administrator of the Maritime
23 Administration shall transmit to the House and Senate
24 Committees on Appropriations the annual report on sexual
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1 chant Marine Academy as required pursuant to section
2 3510 of the National Defense Authorization Act for fiscal
3 year 2017 (46 U.S.C. 51318): Provided further, That
4 available balances under this heading for the Short Sea
5 Transportation Program (now known as the America’s
6 Marine Highway Program) from prior year recoveries
7 shall be available to carry out activities authorized under
8 paragraphs (1) and (3) of section 55601(b) of title 46,
9 United States Code.
10 STATE MARITIME ACADEMY OPERATIONS
11 For necessary expenses of operations, support, and
12 training activities for State Maritime Academies,
13 $77,700,000: Provided, That of the amounts made avail-
14 able under this heading—
15 (1) $30,500,000, to remain available until ex-
16 pended, shall be for maintenance, repair, life exten-
17 sion, insurance, and capacity improvement of Na-
18 tional Defense Reserve Fleet training ships, and for
19 support of training ship operations at the State
20 Maritime Academies, of which not more than
21 $8,000,000, to remain available until expended, shall
22 be for expenses related to training mariners; and for
23 costs associated with training vessel sharing pursu-
24 ant to section 51504(g)(3) of title 46, United States
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25 Code, for costs associated with mobilizing, operating
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1 and demobilizing the vessel, including travel costs
2 for students, faculty and crew, the costs of the gen-
3 eral agent, crew costs, fuel, insurance, operational
4 fees, and vessel hire costs, as determined by the Sec-
5 retary;
6 (2) $35,000,000, to remain available until ex-
7 pended, shall be for the National Security Multi-Mis-
8 sion Vessel Program, including funds for construc-
9 tion, planning, administration, design of school
10 ships, and necessary expenses to construct infra-
11 structure to berth such ships;
12 (3) $2,400,000, to remain available until Sep-
13 tember 30, 2027, shall be for the Student Incentive
14 Program;
15 (4) $3,800,000, to remain available until ex-
16 pended, shall be for training ship fuel assistance;
17 and
18 (5) $6,000,000, to remain available until Sep-
19 tember 30, 2024, shall be for direct payments for
20 State Maritime Academies.
21 ASSISTANCE TO SMALL SHIPYARDS
22 To make grants to qualified shipyards as authorized
23 under section 54101 of title 46, United States Code,
24 $20,000,000, to remain available until expended.
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1 SHIP DISPOSAL
2 For necessary expenses related to the disposal of ob-
3 solete vessels in the National Defense Reserve Fleet of the
4 Maritime Administration, $6,000,000, to remain available
5 until expended.
6 MARITIME GUARANTEED LOAN (TITLE XI) PROGRAM
7 ACCOUNT
8 (INCLUDING TRANSFER OF FUNDS)
9 For administrative expenses to carry out the guaran-
10 teed loan program, $3,000,000, which shall be transferred
11 to and merged with the appropriations for ‘‘Maritime Ad-
12 ministration—Operations and Training’’.
13 PORT INFRASTRUCTURE DEVELOPMENT PROGRAM
14 To make grants to improve port facilities as author-
15 ized under section 54301 of title 46, United States Code,
16 $300,000,000, to remain available until expended: Pro-
17 vided, That projects eligible for amounts made available
18 under this heading in this Act shall be projects for coastal
19 seaports, inland river ports, or Great Lakes ports: Pro-
20 vided further, That of the amounts made available under
21 this heading in this Act, not less than $275,000,000 shall
22 be for coastal seaports or Great Lakes ports: Provided fur-
23 ther, That amounts made available under this heading in
24 this Act may not be used for the purchase or installation
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1 infrastructure that is designed for fully automated cargo
2 handling equipment: Provided further, That for the pur-
3 poses of the preceding proviso, ‘‘fully automated cargo
4 handling equipment’’ means cargo handling equipment
5 that is remotely operated or remotely monitored and does
6 not require the exercise of human intervention or control:
7 Provided further, That for grants awarded under this
8 heading in this Act, the minimum grant size shall be
9 $1,000,000: Provided further, That the proceeds of Fed-
10 eral credit assistance under chapter 6 of title 23, United
11 States Code, or chapter 224 of title 49, United States
12 Code, shall be considered to be part of the non-Federal
13 share of project costs if the loan is repayable from non-
14 Federal funds, unless otherwise requested.
15 ADMINISTRATIVE PROVISION—MARITIME
16 ADMINISTRATION
17 SEC. 170. Notwithstanding any other provision of
18 this Act, in addition to any existing authority, the Mari-
19 time Administration is authorized to furnish utilities and
20 services and make necessary repairs in connection with
21 any lease, contract, or occupancy involving Government
22 property under control of the Maritime Administration:
23 Provided, That payments received therefor shall be cred-
24 ited to the appropriation charged with the cost thereof and
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1 That rental payments under any such lease, contract, or
2 occupancy for items other than such utilities, services, or
3 repairs shall be deposited into the Treasury as miscella-
4 neous receipts.
5 PIPELINE AND HAZARDOUS MATERIALS SAFETY
6 ADMINISTRATION
7 OPERATIONAL EXPENSES
8 For necessary operational expenses of the Pipeline
9 and Hazardous Materials Safety Administration,
10 $30,150,000, of which $4,500,000 shall remain available
11 until September 30, 2025.
12 HAZARDOUS MATERIALS SAFETY
13 For expenses necessary to discharge the hazardous
14 materials safety functions of the Pipeline and Hazardous
15 Materials Safety Administration, $70,710,500, to remain
16 available until September 30, 2025, of which $1,000,000
17 shall be made available for carrying out section 5107(i)
18 of title 49, United States Code: Provided, That up to
19 $800,000 in fees collected under section 5108(g) of title
20 49, United States Code, shall be deposited in the general
21 fund of the Treasury as offsetting receipts: Provided fur-
22 ther, That there may be credited to this appropriation, to
23 be available until expended, funds received from States,
24 counties, municipalities, other public authorities, and pri-
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25 vate sources for expenses incurred for training, for reports
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1 publication and dissemination, and for travel expenses in-
2 curred in performance of hazardous materials exemptions
3 and approvals functions.
4 PIPELINE SAFETY
5 (PIPELINE SAFETY FUND)
6 (OIL SPILL LIABILITY TRUST FUND)
7 For expenses necessary to carry out a pipeline safety
8 program, as authorized by section 60107 of title 49,
9 United States Code, and to discharge the pipeline program
10 responsibilities of the Oil Pollution Act of 1990 (Public
11 Law 101–380), $187,800,000, to remain available until
12 September 30, 2025, of which $29,000,000 shall be de-
13 rived from the Oil Spill Liability Trust Fund; of which
14 $151,400,000 shall be derived from the Pipeline Safety
15 Fund; of which $400,000 shall be derived from the fees
16 collected under section 60303 of title 49, United States
17 Code, and deposited in the Liquefied Natural Gas Siting
18 Account for compliance reviews of liquefied natural gas
19 facilities; and of which $7,000,000 shall be derived from
20 fees collected under section 60302 of title 49, United
21 States Code, and deposited in the Underground Natural
22 Gas Storage Facility Safety Account for the purpose of
23 carrying out section 60141 of title 49, United States Code:
24 Provided, That not less than $1,058,000 of the amounts
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25 made available under this heading shall be for the One-
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1 Call State grant program: Provided further, That any
2 amounts made available under this heading in this Act or
3 in prior Acts for research contracts, grants, cooperative
4 agreements or research other transactions agreements
5 (‘‘OTAs’’) shall require written notification to the House
6 and Senate Committees on Appropriations not less than
7 3 full business days before such research contracts, grants,
8 cooperative agreements, or research OTAs are announced
9 by the Department of Transportation: Provided further,
10 That the Secretary shall transmit to the House and Sen-
11 ate Committees on Appropriations the report on pipeline
12 safety testing enhancement as required pursuant to sec-
13 tion 105 of the Protecting our Infrastructure of Pipelines
14 and Enhancing Safety Act of 2020 (division R of Public
15 Law 116–260): Provided further, That the Secretary may
16 obligate amounts made available under this heading to en-
17 gineer, erect, alter, and repair buildings or make any other
18 public improvements for research facilities at the Trans-
19 portation Technology Center after the Secretary submits
20 an updated research plan and the report in the preceding
21 proviso to the House and Senate Committees on Appro-
22 priations and after such plan and report in the preceding
23 proviso are approved by the House and Senate Commit-
24 tees on Appropriations.
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1 EMERGENCY PREPAREDNESS GRANTS
2 (LIMITATION ON OBLIGATIONS)
3 (EMERGENCY PREPAREDNESS FUND)
4 For expenses necessary to carry out the Emergency
5 Preparedness Grants program, not more than
6 $28,318,000 shall remain available until September 30,
7 2025, from amounts made available by section 5116(h)
8 and subsections (b) and (c) of section 5128 of title 49,
9 United States Code: Provided, That notwithstanding sec-
10 tion 5116(h)(4) of title 49, United States Code, not more
11 than 4 percent of the amounts made available from this
12 account shall be available to pay the administrative costs
13 of carrying out sections 5116, 5107(e), and 5108(g)(2)
14 of title 49, United States Code: Provided further, That
15 notwithstanding subsections (b) and (c) of section 5128
16 of title 49, United States Code, and the limitation on obli-
17 gations provided under this heading, prior year recoveries
18 recognized in the current year shall be available to develop
19 and deliver hazardous materials emergency response train-
20 ing for emergency responders, including response activities
21 for the transportation of crude oil, ethanol, flammable liq-
22 uids, and other hazardous commodities by rail, consistent
23 with National Fire Protection Association standards, and
24 to make such training available through an electronic for-
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25 mat: Provided further, That the prior year recoveries made
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1 available under this heading shall also be available to carry
2 out sections 5116(a)(1)(C), 5116(h), 5116(i), 5116(j),
3 and 5107(e) of title 49, United States Code.
4 OFFICE OF INSPECTOR GENERAL
5 SALARIES AND EXPENSES
6 For necessary expenses of the Office of Inspector
7 General to carry out the provisions of the Inspector Gen-
8 eral Act of 1978, as amended, $108,073,000: Provided,
9 That the Inspector General shall have all necessary au-
10 thority, in carrying out the duties specified in the Inspec-
11 tor General Act, as amended (5 U.S.C. App.), to inves-
12 tigate allegations of fraud, including false statements to
13 the government (18 U.S.C. 1001), by any person or entity
14 that is subject to regulation by the Department of Trans-
15 portation.
16 GENERAL PROVISIONS—DEPARTMENT OF
17 TRANSPORTATION
18 SEC. 180. (a) During the current fiscal year, applica-
19 ble appropriations to the Department of Transportation
20 shall be available for maintenance and operation of air-
21 craft; hire of passenger motor vehicles and aircraft; pur-
22 chase of liability insurance for motor vehicles operating
23 in foreign countries on official department business; and
24 uniforms or allowances therefor, as authorized by sections
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25 5901 and 5902 of title 5, United States Code.
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1 (b) During the current fiscal year, applicable appro-
2 priations to the Department and its operating administra-
3 tions shall be available for the purchase, maintenance, op-
4 eration, and deployment of unmanned aircraft systems
5 that advance the missions of the Department of Transpor-
6 tation or an operating administration of the Department
7 of Transportation.
8 (c) Any unmanned aircraft system purchased, pro-
9 cured, or contracted for by the Department prior to the
10 date of enactment of this Act shall be deemed authorized
11 by Congress as if this provision was in effect when the
12 system was purchased, procured, or contracted for.
13 SEC. 181. Appropriations contained in this Act for
14 the Department of Transportation shall be available for
15 services as authorized by section 3109 of title 5, United
16 States Code, but at rates for individuals not to exceed the
17 per diem rate equivalent to the rate for an Executive Level
18 IV.
19 SEC. 182. (a) No recipient of amounts made available
20 by this Act shall disseminate personal information (as de-
21 fined in section 2725(3) of title 18, United States Code)
22 obtained by a State department of motor vehicles in con-
23 nection with a motor vehicle record as defined in section
24 2725(1) of title 18, United States Code, except as pro-
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25 vided in section 2721 of title 18, United States Code, for
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1 a use permitted under section 2721 of title 18, United
2 States Code.
3 (b) Notwithstanding subsection (a), the Secretary
4 shall not withhold amounts made available by this Act for
5 any grantee if a State is in noncompliance with this provi-
6 sion.
7 SEC. 183. None of the funds made available by this
8 Act shall be available for salaries and expenses of more
9 than 125 political and Presidential appointees in the De-
10 partment of Transportation: Provided, That none of the
11 personnel covered by this provision may be assigned on
12 temporary detail outside the Department of Transpor-
13 tation.
14 SEC. 184. Funds received by the Federal Highway
15 Administration and Federal Railroad Administration from
16 States, counties, municipalities, other public authorities,
17 and private sources for expenses incurred for training may
18 be credited respectively to the Federal Highway Adminis-
19 tration’s ‘‘Federal-Aid Highways’’ account and to the Fed-
20 eral Railroad Administration’s ‘‘Safety and Operations’’
21 account, except for State rail safety inspectors partici-
22 pating in training pursuant to section 20105 of title 49,
23 United States Code.
24 SEC. 185. None of the funds made available by this
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25 Act or in title VIII of division J of the Infrastructure In-
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1 vestment and Jobs Act (Public Law 117–58) to the De-
2 partment of Transportation may be used to make a loan,
3 loan guarantee, line of credit, letter of intent, federally
4 funded cooperative agreement, full funding grant agree-
5 ment, or discretionary grant unless the Secretary of
6 Transportation notifies the House and Senate Committees
7 on Appropriations not less than 3 full business days before
8 any project competitively selected to receive any discre-
9 tionary grant award, letter of intent, loan commitment,
10 loan guarantee commitment, line of credit commitment,
11 federally funded cooperative agreement, or full funding
12 grant agreement is announced by the Department or its
13 operating administrations: Provided, That the Secretary
14 of Transportation shall provide the House and Senate
15 Committees on Appropriations with a comprehensive list
16 of all such loans, loan guarantees, lines of credit, letters
17 of intent, federally funded cooperative agreements, full
18 funding grant agreements, and discretionary grants prior
19 to the notification required under the preceding proviso:
20 Provided further, That the Secretary gives concurrent noti-
21 fication to the House and Senate Committees on Appro-
22 priations for any ‘‘quick release’’ of funds from the emer-
23 gency relief program: Provided further, That no notifica-
24 tion shall involve funds that are not available for obliga-
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25 tion.
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1 SEC. 186. Rebates, refunds, incentive payments,
2 minor fees, and other funds received by the Department
3 of Transportation from travel management centers,
4 charge card programs, the subleasing of building space,
5 and miscellaneous sources are to be credited to appropria-
6 tions of the Department of Transportation and allocated
7 to organizational units of the Department of Transpor-
8 tation using fair and equitable criteria and such funds
9 shall be available until expended.
10 SEC. 187. Notwithstanding any other provision of
11 law, if any funds provided by or limited by this Act are
12 subject to a reprogramming action that requires notice to
13 be provided to the House and Senate Committees on Ap-
14 propriations, transmission of such reprogramming notice
15 shall be provided solely to the House and Senate Commit-
16 tees on Appropriations, and such reprogramming action
17 shall be approved or denied solely by the House and Sen-
18 ate Committees on Appropriations: Provided, That the
19 Secretary of Transportation may provide notice to other
20 congressional committees of the action of the House and
21 Senate Committees on Appropriations on such reprogram-
22 ming but not sooner than 30 days after the date on which
23 the reprogramming action has been approved or denied by
24 the House and Senate Committees on Appropriations.
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1 SEC. 188. Funds appropriated by this Act to the op-
2 erating administrations may be obligated for the Office of
3 the Secretary for the costs related to assessments or reim-
4 bursable agreements only when such amounts are for the
5 costs of goods and services that are purchased to provide
6 a direct benefit to the applicable operating administration
7 or administrations.
8 SEC. 189. The Secretary of Transportation is author-
9 ized to carry out a program that establishes uniform
10 standards for developing and supporting agency transit
11 pass and transit benefits authorized under section 7905
12 of title 5, United States Code, including distribution of
13 transit benefits by various paper and electronic media.
14 SEC. 190. The Department of Transportation may
15 use funds provided by this Act, or any other Act, to assist
16 a contract under title 49 or 23 of the United States Code
17 utilizing geographic, economic, or any other hiring pref-
18 erence not otherwise authorized by law, or to amend a
19 rule, regulation, policy or other measure that forbids a re-
20 cipient of a Federal Highway Administration or Federal
21 Transit Administration grant from imposing such hiring
22 preference on a contract or construction project with
23 which the Department of Transportation is assisting, only
24 if the grant recipient certifies the following:
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1 (1) that except with respect to apprentices or
2 trainees, a pool of readily available but unemployed
3 individuals possessing the knowledge, skill, and abil-
4 ity to perform the work that the contract requires
5 resides in the jurisdiction;
6 (2) that the grant recipient will include appro-
7 priate provisions in its bid document ensuring that
8 the contractor does not displace any of its existing
9 employees in order to satisfy such hiring preference;
10 and
11 (3) that any increase in the cost of labor, train-
12 ing, or delays resulting from the use of such hiring
13 preference does not delay or displace any transpor-
14 tation project in the applicable Statewide Transpor-
15 tation Improvement Program or Transportation Im-
16 provement Program.
17 SEC. 191. The Secretary of Transportation shall co-
18 ordinate with the Secretary of Homeland Security to en-
19 sure that best practices for Industrial Control Systems
20 Procurement are up-to-date and shall ensure that systems
21 procured with funds provided under this title were pro-
22 cured using such practices.
23 This title may be cited as the ‘‘Department of Trans-
24 portation Appropriations Act, 2023’’.
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1 TITLE II
2 DEPARTMENT OF HOUSING AND URBAN
3 DEVELOPMENT
4 MANAGEMENT AND ADMINISTRATION
5 EXECUTIVE OFFICES
6 For necessary salaries and expenses for Executive Of-
7 fices, which shall be comprised of the offices of the Sec-
8 retary, Deputy Secretary, Adjudicatory Services, Congres-
9 sional and Intergovernmental Relations, Public Affairs,
10 Small and Disadvantaged Business Utilization, and the
11 Center for Faith-Based and Neighborhood Partnerships,
12 $18,000,000, to remain available until September 30,
13 2024: Provided, That not to exceed $25,000 of the amount
14 made available under this heading shall be available to the
15 Secretary of Housing and Urban Development (referred
16 to in this title as ‘‘the Secretary’’) for official reception
17 and representation expenses as the Secretary may deter-
18 mine.
19 ADMINISTRATIVE SUPPORT OFFICES
20 For necessary salaries and expenses for Administra-
21 tive Support Offices, $690,900,000, to remain available
22 until September 30, 2024: Provided, That of the sums ap-
23 propriated under this heading—
24 (1) $97,000,000 shall be available for the Office
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25 of the Chief Financial Officer;
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1 (2) $126,100,000 shall be available for the Of-
2 fice of the General Counsel, of which not less than
3 $18,500,000 shall be for the Departmental Enforce-
4 ment Center;
5 (3) $239,566,000 shall be available for the Of-
6 fice of Administration, of which not less than
7 $3,500,000 may be for modernization and deferred
8 maintenance of the Weaver Building;
9 (4) $54,776,000 shall be available for the Office
10 of the Chief Human Capital Officer;
11 (5) $32,058,000 shall be available for the Office
12 of the Chief Procurement Officer;
13 (6) $66,200,000 shall be available for the Office
14 of Field Policy and Management;
15 (7) $5,000,000 shall be available for the Office
16 of Departmental Equal Employment Opportunity;
17 and
18 (8) $70,200,000 shall be available for the Office
19 of the Chief Information Officer:
20 Provided further, That funds made available under this
21 heading may be used for necessary administrative and
22 non-administrative expenses of the Department, not other-
23 wise provided for, including purchase of uniforms, or al-
24 lowances therefor, as authorized by sections 5901 and
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25 5902 of title 5, United States Code; hire of passenger
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1 motor vehicles; and services as authorized by section 3109
2 of title 5, United States Code: Provided further, That not-
3 withstanding any other provision of law, funds appro-
4 priated under this heading may be used for advertising
5 and promotional activities that directly support program
6 activities funded in this title: Provided further, That the
7 Secretary shall provide the House and Senate Committees
8 on Appropriations quarterly written notification regarding
9 the status of pending congressional reports: Provided fur-
10 ther, That the Secretary shall provide in electronic form
11 all signed reports required by Congress.
12 PROGRAM OFFICES
13 For necessary salaries and expenses for Program Of-
14 fices, $1,091,200,000, to remain available until September
15 30, 2024: Provided, That of the sums appropriated under
16 this heading—
17 (1) $285,900,000 shall be available for the Of-
18 fice of Public and Indian Housing;
19 (2) $158,100,000 shall be available for the Of-
20 fice of Community Planning and Development;
21 (3) $488,500,000 shall be available for the Of-
22 fice of Housing, of which not less than $13,000,000
23 shall be for the Office of Recapitalization;
24 (4) $41,600,000 shall be available for the Office
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25 of Policy Development and Research;
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1 (5) $105,800,000 (increased by $105,800,000)
2 (reduced by $105,800,000) shall be available for the
3 Office of Fair Housing and Equal Opportunity; and
4 (6) $11,300,000 shall be available for the Office
5 of Lead Hazard Control and Healthy Homes.
6 WORKING CAPITAL FUND
7 (INCLUDING TRANSFER OF FUNDS)
8 For the working capital fund for the Department of
9 Housing and Urban Development (referred to in this para-
10 graph as the ‘‘Fund’’), pursuant, in part, to section 7(f)
11 of the Department of Housing and Urban Development
12 Act (42 U.S.C. 3535(f)), amounts transferred, including
13 reimbursements pursuant to section 7(f), to the Fund
14 under this heading shall be available only for Federal
15 shared services used by offices and agencies of the Depart-
16 ment, and for any such portion of any office or agency’s
17 printing, records management, space renovation, fur-
18 niture, or supply services the Secretary has determined
19 shall be provided through the Fund, and the operational
20 expenses of the Fund: Provided, That amounts within the
21 Fund shall not be available to provide services not specifi-
22 cally authorized under this heading: Provided further,
23 That upon a determination by the Secretary that any
24 other service (or portion thereof) authorized under this
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25 heading shall be provided through the Fund, amounts
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1 made available in this title for salaries and expenses under
2 the headings ‘‘Executive Offices’’, ‘‘Administrative Sup-
3 port Offices’’, ‘‘Program Offices’’, and ‘‘Government Na-
4 tional Mortgage Association’’, for such services shall be
5 transferred to the Fund, to remain available until ex-
6 pended: Provided further, That the Secretary shall notify
7 the House and Senate Committees on Appropriations of
8 its plans for executing such transfers at least 15 days in
9 advance of such transfers.
10 PUBLIC AND INDIAN HOUSING
11 TENANT-BASED RENTAL ASSISTANCE
12 For activities and assistance for the provision of ten-
13 ant-based rental assistance authorized under the United
14 States Housing Act of 1937, as amended (42 U.S.C. 1437
15 et seq.) (in this title ‘‘the Act’’), not otherwise provided
16 for, $27,042,932,000 (increased by $24,000,000) (re-
17 duced by $24,000,000), to remain available until ex-
18 pended, which shall be available on October 1, 2022 (in
19 addition to the $4,000,000,000 previously appropriated
20 under this heading that shall be available on October 1,
21 2022), and $4,000,000,000, to remain available until ex-
22 pended, which shall be available on October 1, 2023: Pro-
23 vided, That the amounts made available under this head-
24 ing are provided as follows:
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1 (1) $26,184,000,000 shall be available for re-
2 newals of expiring section 8 tenant-based annual
3 contributions contracts (including renewals of en-
4 hanced vouchers under any provision of law author-
5 izing such assistance under section 8(t) of the Act)
6 and including renewal of other special purpose incre-
7 mental vouchers: Provided, That notwithstanding
8 any other provision of law, from amounts provided
9 under this paragraph and any carryover, the Sec-
10 retary for the calendar year 2023 funding cycle shall
11 provide renewal funding for each public housing
12 agency based on validated voucher management sys-
13 tem (VMS) leasing and cost data for the prior cal-
14 endar year and by applying an inflation factor as es-
15 tablished by the Secretary, by notice published in
16 the Federal Register, and by making any necessary
17 adjustments for the costs associated with the first-
18 time renewal of vouchers under this paragraph in-
19 cluding tenant protection and Choice Neighborhoods
20 vouchers: Provided further, That funds provided
21 under this paragraph and prior Acts may be used to
22 fund a total number of unit months under lease
23 which exceeds a public housing agency’s authorized
24 level of units under contract, except for public hous-
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25 ing agencies participating in the Moving to Work
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1 (MTW) demonstration, which are instead governed
2 in accordance with the requirements of the MTW
3 demonstration program or their MTW agreements,
4 if any: Provided further, That amounts repurposed
5 pursuant to the preceding proviso that were pre-
6 viously designated by the Congress as an emergency
7 requirement pursuant to the Balanced Budget and
8 Emergency Deficit Control Act of 1985 or a concur-
9 rent resolution on the budget are designated as an
10 emergency requirement pursuant to section
11 4001(a)(1) of S. Con. Res. 14 (117th Congress), the
12 concurrent resolution on the budget for fiscal year
13 2022, and section 1(e) of H. Res. 1151 (117th Con-
14 gress) as engrossed in the House of Representatives
15 on June 8, 2022: Provided further, That costs asso-
16 ciated with any forgone increases in tenant rent pay-
17 ments due to the implementation of rent incentives
18 as authorized pursuant to waivers or alternative re-
19 quirements of the Jobs-Plus initiative as described
20 under the heading ‘‘Self-Sufficiency Programs’’ shall
21 be renewed: Provided further, That costs associated
22 with any forgone increases in tenant rent payments
23 due to the implementation of rent incentives as au-
24 thorized pursuant to waivers or alternative require-
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25 ments of the Jobs-Plus initiative as described under
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1 the heading ‘‘Self-Sufficiency Programs’’ shall be re-
2 newed: Provided further, That the Secretary shall, to
3 the extent necessary to stay within the amount spec-
4 ified under this paragraph (except as otherwise
5 modified under this paragraph), prorate each public
6 housing agency’s allocation otherwise established
7 pursuant to this paragraph: Provided further, That
8 except as provided in the following provisos, the en-
9 tire amount specified under this paragraph (except
10 as otherwise modified under this paragraph) shall be
11 obligated to the public housing agencies based on the
12 allocation and pro rata method described above, and
13 the Secretary shall notify public housing agencies of
14 their annual budget by the latter of 60 days after
15 the date of enactment of this Act or March 1, 2023:
16 Provided further, That the Secretary may extend the
17 notification period with the prior written approval of
18 the House and Senate Committees on Appropria-
19 tions: Provided further, That public housing agencies
20 participating in the MTW demonstration shall be
21 funded in accordance with the requirements of the
22 MTW demonstration program or their MTW agree-
23 ments, if any, and shall be subject to the same pro
24 rata adjustments under the preceding provisos: Pro-
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25 vided further, That the Secretary may offset public
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1 housing agencies’ calendar year 2023 allocations
2 based on the excess amounts of public housing agen-
3 cies’ net restricted assets accounts, including HUD-
4 held programmatic reserves (in accordance with
5 VMS data in calendar year 2022 that is verifiable
6 and complete), as determined by the Secretary: Pro-
7 vided further, That public housing agencies partici-
8 pating in the MTW demonstration shall also be sub-
9 ject to the offset, as determined by the Secretary,
10 excluding amounts subject to the single fund budget
11 authority provisions of their MTW agreements, from
12 the agencies’ calendar year 2023 MTW funding allo-
13 cation: Provided further, That the Secretary shall
14 use any offset referred to in the preceding two pro-
15 visos throughout the calendar year to prevent the
16 termination of rental assistance for families as the
17 result of insufficient funding, as determined by the
18 Secretary, and to avoid or reduce the proration of
19 renewal funding allocations: Provided further, That
20 up to $100,000,000 shall be available only: (1) for
21 adjustments in the allocations for public housing
22 agencies, after application for an adjustment by a
23 public housing agency that experienced a significant
24 increase, as determined by the Secretary, in renewal
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25 costs of vouchers resulting from unforeseen cir-
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1 cumstances or from portability under section 8(r) of
2 the Act; (2) for vouchers that were not in use during
3 the previous 12-month period in order to be avail-
4 able to meet a commitment pursuant to section
5 8(o)(13) of the Act, or an adjustment for a funding
6 obligation not yet expended in the previous calendar
7 year for a MTW-eligible activity to develop afford-
8 able housing for an agency added to the MTW dem-
9 onstration under the expansion authority provided in
10 section 239 of the Transportation, Housing and
11 Urban Development, and Related Agencies Appro-
12 priations Act, 2016 (division L of Public Law 114–
13 113); (3) for adjustments for costs associated with
14 HUD–Veterans Affairs Supportive Housing (HUD–
15 VASH) vouchers; (4) for public housing agencies
16 that despite taking reasonable cost savings meas-
17 ures, as determined by the Secretary, would other-
18 wise be required to terminate rental assistance as a
19 result of insufficient funding; (5) for adjustments in
20 the allocations for public housing agencies that (i)
21 are leasing a lower-than-average percentage of their
22 authorized vouchers, (ii) have low amounts of budget
23 authority in their net restricted assets accounts and
24 HUD-held programmatic reserves, relative to other
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25 agencies, and (iii) are not participating in the Mov-
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1 ing to Work demonstration, to enable such agencies
2 to lease more vouchers; (6) for withheld payments in
3 accordance with section 8(o)(8)(A)(ii) of the Act for
4 months in the previous calendar year that were sub-
5 sequently paid by the public housing agency after
6 the agency’s actual costs were validated; and (7) for
7 public housing agencies that have experienced in-
8 creased costs or loss of units in an area for which
9 the President declared a disaster under title IV of
10 the Robert T. Stafford Disaster Relief and Emer-
11 gency Assistance Act (42 U.S.C. 5170 et seq.);
12 (2) $230,000,000 shall be for section 8 rental
13 assistance for relocation and replacement of housing
14 units that are demolished or disposed of pursuant to
15 section 18 of the Act, conversion of section 23
16 projects to assistance under section 8, the family
17 unification program under section 8(x) of the Act,
18 relocation of witnesses (including victims of violent
19 crimes) in connection with efforts to combat crime
20 in public and assisted housing pursuant to a request
21 from a law enforcement or prosecution agency, en-
22 hanced vouchers under any provision of law author-
23 izing such assistance under section 8(t) of the Act,
24 Choice Neighborhood vouchers, mandatory and vol-
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25 untary conversions, and tenant protection assistance
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1 including replacement and relocation assistance or
2 for project-based assistance to prevent the displace-
3 ment of unassisted elderly tenants currently residing
4 in section 202 properties financed between 1959 and
5 1974 that are refinanced pursuant to Public Law
6 106–569, as amended, or under the authority as
7 provided under this Act: Provided, That of the
8 amounts made available under this paragraph, up to
9 $10,000,000 shall be available to provide public
10 housing agencies with enhanced vouchers for fami-
11 lies residing in State-assisted projects financed be-
12 tween 1970 and 1979 that were subject to a use
13 agreement under the Low-Income Housing Preserva-
14 tion and Resident Homeownership Act of 1990 (title
15 VI of Public Law 101–625; LIHPRHA) or the
16 Emergency Low Income Housing Preservation Act
17 of 1987 (title II of Public Law 100–242; ELIHPA)
18 on the date the affordability protections at such
19 projects expire or terminate during calendar years
20 2022 and 2023: Provided further, That that the
21 State housing finance agency shall submit the re-
22 quest to the Secretary for enhanced vouchers for
23 families residing in such eligible State-assisted
24 projects no later than the latter of 120 days prior
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25 to the expiration or termination of affordability pro-
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1 tections at such projects or 120 days after enact-
2 ment of this Act: Provided further, That such en-
3 hanced vouchers shall not be considered replacement
4 vouchers: Provided further, That when a public hous-
5 ing development is submitted for demolition or dis-
6 position under section 18 of the Act, the Secretary
7 may provide section 8 rental assistance when the
8 units pose an imminent health and safety risk to
9 residents: Provided further, That the Secretary may
10 provide section 8 rental assistance from amounts
11 made available under this paragraph for units as-
12 sisted under a project-based subsidy contract funded
13 under the ‘‘Project-Based Rental Assistance’’ head-
14 ing under this title where the owner has received a
15 Notice of Default and the units pose an imminent
16 health and safety risk to residents: Provided further,
17 That to the extent that the Secretary determines
18 that such units are not feasible for continued rental
19 assistance payments or transfer of the subsidy con-
20 tract associated with such units to another project
21 or projects and owner or owners, any remaining
22 amounts associated with such units under such con-
23 tract shall be recaptured and such recaptured
24 amounts, in an amount equal to the cost of rental
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25 assistance provided pursuant to the previous proviso,
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1 up to the total amounts recaptured, shall be trans-
2 ferred to and merged with amounts under this para-
3 graph: Provided further, That of the amounts made
4 available under this paragraph, no less than
5 $5,000,000 may be available to provide tenant pro-
6 tection assistance, not otherwise provided under this
7 paragraph, to residents residing in low vacancy
8 areas and who may have to pay rents greater than
9 30 percent of household income, as the result of: (A)
10 the maturity of a HUD-insured, HUD-held or sec-
11 tion 202 loan that requires the permission of the
12 Secretary prior to loan prepayment; (B) the expira-
13 tion of a rental assistance contract for which the
14 tenants are not eligible for enhanced voucher or ten-
15 ant protection assistance under existing law; or (C)
16 the expiration of affordability restrictions accom-
17 panying a mortgage or preservation program admin-
18 istered by the Secretary: Provided further, That such
19 tenant protection assistance made available under
20 the preceding proviso may be provided under the au-
21 thority of section 8(t) or section 8(o)(13) of the
22 United States Housing Act of 1937 (42 U.S.C.
23 1437f(t)): Provided further, That the Secretary shall
24 issue guidance to implement the previous two pro-
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25 visos, including, but not limited to, requirements for
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1 defining eligible at-risk households not later than 60
2 days after the date of enactment of this Act: Pro-
3 vided further, That any tenant protection voucher
4 made available from amounts under this paragraph
5 shall not be reissued by any public housing agency,
6 except the replacement vouchers as defined by the
7 Secretary by notice, when the initial family that re-
8 ceived any such voucher no longer receives such
9 voucher, and the authority for any public housing
10 agency to issue any such voucher shall cease to exist:
11 Provided further, That the Secretary may only pro-
12 vide replacement vouchers for units that were occu-
13 pied within the previous 24 months that cease to be
14 available as assisted housing, subject only to the
15 availability of funds;
16 (3) $2,756,932,000 (reduced by $1,000,000)
17 (increased by $1,000,000) shall be for administrative
18 and other expenses of public housing agencies in ad-
19 ministering the section 8 tenant-based rental assist-
20 ance program, of which up to $10,000,000 shall be
21 available to the Secretary to allocate to public hous-
22 ing agencies that need additional funds to admin-
23 ister their section 8 programs, including fees associ-
24 ated with section 8 tenant protection rental assist-
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25 ance, the administration of disaster related vouchers,
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1 HUD–VASH vouchers, and other special purpose in-
2 cremental vouchers: Provided, That no less than
3 $2,746,932,000 of the amount provided in this para-
4 graph shall be allocated to public housing agencies
5 for the calendar year 2023 funding cycle based on
6 section 8(q) of the Act (and related Appropriation
7 Act provisions) as in effect immediately before the
8 enactment of the Quality Housing and Work Re-
9 sponsibility Act of 1998 (Public Law 105–276): Pro-
10 vided further, That if the amounts made available
11 under this paragraph are insufficient to pay the
12 amounts determined under the preceding proviso,
13 the Secretary may decrease the amounts allocated to
14 agencies by a uniform percentage applicable to all
15 agencies receiving funding under this paragraph or
16 may, to the extent necessary to provide full payment
17 of amounts determined under the preceding proviso,
18 utilize unobligated balances, including recaptures
19 and carryover, remaining from funds appropriated to
20 the Department of Housing and Urban Development
21 under this heading from prior fiscal years, excluding
22 special purpose vouchers, notwithstanding the pur-
23 poses for which such amounts were appropriated:
24 Provided further, That all public housing agencies
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25 participating in the MTW demonstration shall be
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1 funded in accordance with the requirements of the
2 MTW demonstration program or their MTW agree-
3 ments, if any, and shall be subject to the same uni-
4 form percentage decrease as under the preceding
5 proviso: Provided further, That amounts provided
6 under this paragraph shall be only for activities re-
7 lated to the provision of tenant-based rental assist-
8 ance authorized under section 8, including related
9 development activities;
10 (4) $667,000,000 for the renewal of tenant-
11 based assistance contracts under section 811 of the
12 Cranston-Gonzalez National Affordable Housing Act
13 (42 U.S.C. 8013), including necessary administra-
14 tive expenses: Provided, That administrative and
15 other expenses of public housing agencies in admin-
16 istering the special purpose vouchers in this para-
17 graph shall be funded under the same terms and be
18 subject to the same pro rata reduction as the per-
19 cent decrease for administrative and other expenses
20 to public housing agencies under paragraph (3) of
21 this heading: Provided further, That up to
22 $10,000,000 shall be available only (1) for adjust-
23 ments in the allocation for public housing agencies,
24 after applications for an adjustment by a public
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25 housing agency that experienced a significant in-
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1 crease, as determined by the Secretary, in Main-
2 stream renewal costs resulting from unforeseen cir-
3 cumstances, and (2) for public housing agencies that
4 despite taking reasonable cost savings measures, as
5 determined by the Secretary, would otherwise be re-
6 quired to terminate the rental assistance for Main-
7 stream families as a result of insufficient funding:
8 Provided further, That the Secretary shall allocate
9 amounts under the preceding proviso based on need,
10 as determined by the Secretary: Provided further,
11 That of the amounts made available under this para-
12 graph, up to $5,000,000 shall be available for a pilot
13 program for public housing agencies that partner
14 with administering entities under the Projects for
15 Assistance in Transition from Homelessness
16 (PATH) program as authorized by the Stewart B.
17 McKinney Homeless Assistance Amendments Act of
18 1990 or other eligible entities, as determined by the
19 Secretary, to assist persons with serious mental ill-
20 ness: Provided further, That the amounts made
21 available in the preceding proviso shall be for incre-
22 mental rental voucher assistance, including project-
23 based vouchers, under such section 811 for non-el-
24 derly persons with serious mental illness, and for ad-
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25 ministrative and other expenses of public housing
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1 agencies: Provided further, That in awarding assist-
2 ance under such pilot program the Secretary may
3 give bonus points to public housing agencies giving
4 preference to individuals referred from the Coordi-
5 nated Entry System (CES) or operating a Family
6 Self-Sufficiency program: Provided further, That in
7 administering such pilot program, the Secretary may
8 waive, or specify alternative requirements for, any
9 provision of any statute or regulation that the Sec-
10 retary administers in connection with the use of
11 funds made available under such pilot (except for re-
12 quirements related to fair housing, nondiscrimina-
13 tion, labor standards, and the environment), upon a
14 finding by the Secretary that any such waivers or al-
15 ternative requirements are necessary for the effective
16 delivery and administration of such voucher assist-
17 ance: Provided further, That upon turnover, section
18 811 special purpose vouchers funded under this
19 heading in this or prior Acts, or under any other
20 heading in prior Acts, shall be provided to non-elder-
21 ly persons with disabilities;
22 (5) Of the amounts provided under paragraph
23 (1) up to $5,000,000 shall be for rental assistance
24 and associated administrative fees for Tribal HUD–
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25 VASH to serve Native American veterans that are
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1 homeless or at-risk of homelessness living on or near
2 a reservation or other Indian areas: Provided, That
3 such amount shall be made available for renewal
4 grants to recipients that received assistance under
5 prior Acts under the Tribal HUD–VASH program:
6 Provided further, That the Secretary shall be author-
7 ized to specify criteria for renewal grants, including
8 data on the utilization of assistance reported by
9 grant recipients: Provided further, That such assist-
10 ance shall be administered in accordance with pro-
11 gram requirements under the Native American
12 Housing Assistance and Self-Determination Act of
13 1996 and modeled after the HUD–VASH program:
14 Provided further, That the Secretary shall be author-
15 ized to waive, or specify alternative requirements for
16 any provision of any statute or regulation that the
17 Secretary administers in connection with the use of
18 funds made available under this paragraph (except
19 for requirements related to fair housing, non-
20 discrimination, labor standards, and the environ-
21 ment), upon a finding by the Secretary that any
22 such waivers or alternative requirements are nec-
23 essary for the effective delivery and administration
24 of such assistance: Provided further, That grant re-
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25 cipients shall report to the Secretary on utilization
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1 of such rental assistance and other program data, as
2 prescribed by the Secretary: Provided further, That
3 the Secretary may reallocate, as determined by the
4 Secretary, amounts returned or recaptured from
5 awards under the Tribal HUD–VASH program
6 under prior Acts to existing recipients under the
7 Tribal HUD–VASH program;
8 (6) $50,000,000 for incremental rental voucher
9 assistance for use through a supported housing pro-
10 gram administered in conjunction with the Depart-
11 ment of Veterans Affairs as authorized under section
12 8(o)(19) of the United States Housing Act of 1937:
13 Provided, That the Secretary of Housing and Urban
14 Development shall make such funding available, not-
15 withstanding section 203 (competition provision) of
16 this title, to public housing agencies that partner
17 with eligible VA Medical Centers or other entities as
18 designated by the Secretary of the Department of
19 Veterans Affairs, based on geographical need for
20 such assistance as identified by the Secretary of the
21 Department of Veterans Affairs, public housing
22 agency administrative performance, and other fac-
23 tors as specified by the Secretary of Housing and
24 Urban Development in consultation with the Sec-
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25 retary of the Department of Veterans Affairs: Pro-
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1 vided further, That of the amounts made available
2 under this paragraph, up to $5,000,000 may be allo-
3 cated to public housing agencies administering tem-
4 porary case management and supportive services to
5 HUD–VASH eligible veterans that have not yet re-
6 ceived a referral from the Department of Veterans
7 Affairs: Provided further, That the Secretary of
8 Housing and Urban Development may waive, or
9 specify alternative requirements for (in consultation
10 with the Secretary of the Department of Veterans
11 Affairs), any provision of any statute or regulation
12 that the Secretary of Housing and Urban Develop-
13 ment administers in connection with the use of
14 funds made available under this paragraph (except
15 for requirements related to fair housing, non-
16 discrimination, labor standards, and the environ-
17 ment), upon a finding by the Secretary that any
18 such waivers or alternative requirements are nec-
19 essary for the effective delivery and administration
20 of such voucher assistance: Provided further, That
21 assistance made available under this paragraph shall
22 continue to remain available for homeless veterans
23 upon turn-over;
24 (7) $30,000,000 shall be made available for the
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25 family unification program as authorized under sec-
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1 tion 8(x) of the Act: Provided, That the amounts
2 made available under this paragraph are provided as
3 follows:
4 (A) $5,000,000 shall be for new incre-
5 mental voucher assistance: Provided, That the
6 assistance made available under this subpara-
7 graph shall continue to remain available for
8 family unification upon turnover; and
9 (B) $25,000,000 shall be for new incre-
10 mental voucher assistance to assist eligible
11 youth as defined by such section 8(x)(2)(B):
12 Provided, That assistance made available under
13 this subparagraph shall continue to remain
14 available for such eligible youth upon turnover:
15 Provided further, That of the total amount
16 made available under this subparagraph, up to
17 $15,000,000 shall be available on a noncompeti-
18 tive basis to public housing agencies that part-
19 ner with public child welfare agencies to iden-
20 tify such eligible youth, that request such as-
21 sistance to timely assist such eligible youth, and
22 that meet any other criteria as specified by the
23 Secretary: Provided further, That the Secretary
24 shall review utilization of the assistance made
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25 available under the preceding proviso, at an in-
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1 terval to be determined by the Secretary, and
2 unutilized voucher assistance that is no longer
3 needed shall be recaptured by the Secretary and
4 reallocated pursuant to the preceding proviso:
5 Provided further, That for any public housing agency
6 administering voucher assistance appropriated in a
7 prior Act under the family unification program, or
8 made available and competitively selected under this
9 paragraph, that determines that it no longer has an
10 identified need for such assistance upon turnover,
11 such agency shall notify the Secretary, and the Sec-
12 retary shall recapture such assistance from the agen-
13 cy and reallocate it to any other public housing
14 agency or agencies based on need for voucher assist-
15 ance in connection with such specified program or
16 eligible youth, as applicable;
17 (8) $1,100,000,000 (increased by $24,000,000)
18 (reduced by $24,000,000) shall be made available
19 for new incremental voucher assistance under section
20 8(o) of the United States Housing Act of 1937 to
21 be allocated pursuant to a method, as determined by
22 the Secretary, which may include a formula that
23 may include such factors as severe cost burden, over-
24 crowding, substandard housing for very low-income
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25 renters, homelessness, and administrative capacity,
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1 where such allocation method shall include both
2 rural and urban areas: Provided, That the Secretary
3 may specify additional terms and conditions to en-
4 sure that public housing agencies provide vouchers
5 for use by survivors of domestic violence, or individ-
6 uals and families who are homeless, as defined in
7 section 103(a) of the McKinney-Vento Homeless As-
8 sistance Act (42 U.S.C. 11302(a)), or at risk of
9 homelessness, as defined in section 401(1) of such
10 Act (42 U.S.C. 11360(1));
11 (9) $25,000,000 shall be for mobility-related
12 services, as defined by the Secretary, for voucher
13 families with children modeled after services pro-
14 vided in connection with the mobility demonstration
15 authorized under section 235 of division G of the
16 Consolidated Appropriations Act, 2019 (42 U.S.C.
17 1437f note; Public Law 116–6): Provided, That the
18 Secretary shall make funding available to public
19 housing agencies on a competitive basis and shall
20 give preference to public housing agencies with high-
21 er concentrations of housing choice voucher families
22 with children residing in high-poverty neighborhoods:
23 Provided further, That the Secretary may recapture
24 from the public housing agencies unused balances
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25 based on utilization of such awards and reallocate
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1 such amounts to any other public housing agency or
2 agencies based on need for such mobility-related
3 services as identified under such competition; and
4 (10) the Secretary shall separately track all
5 special purpose vouchers funded under this heading:
6 Provided, That the Secretary may waive, or specify
7 alternative requirements for, any provision of any
8 statute or regulation that the Secretary administers
9 in connection with the use of funds made available
10 for new incremental voucher assistance or renewals
11 for the Mainstream program, the HUD–VASH pro-
12 gram (in consultation with the Secretary of the De-
13 partment of Veterans Affairs), and the family unifi-
14 cation program (including the Foster Youth to Inde-
15 pendence program) in this and prior Acts (except for
16 requirements related to fair housing, nondiscrimina-
17 tion, labor standards, and the environment), upon a
18 finding by the Secretary that any such waivers or al-
19 ternative requirements are necessary for the effective
20 delivery and administration of voucher assistance in
21 such respective programs.
22 HOUSING CERTIFICATE FUND
23 (INCLUDING RESCISSIONS)
24 Unobligated balances, including recaptures and car-
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25 ryover, remaining from funds appropriated to the Depart-
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1 ment of Housing and Urban Development under this
2 heading, the heading ‘‘Annual Contributions for Assisted
3 Housing’’ and the heading ‘‘Project-Based Rental Assist-
4 ance’’, for fiscal year 2023 and prior years may be used
5 for renewal of or amendments to section 8 project-based
6 contracts and for performance-based contract administra-
7 tors, notwithstanding the purposes for which such funds
8 were appropriated: Provided, That any obligated balances
9 of contract authority from fiscal year 1974 and prior fiscal
10 years that have been terminated shall be rescinded: Pro-
11 vided further, That amounts heretofore recaptured, or re-
12 captured during the current fiscal year, from section 8
13 project-based contracts from source years fiscal year 1975
14 through fiscal year 1987 are hereby rescinded, and an
15 amount of additional new budget authority, equivalent to
16 the amount rescinded is hereby appropriated, to remain
17 available until expended, for the purposes set forth under
18 this heading, in addition to amounts otherwise available.
19 PUBLIC HOUSING FUND
20 For 2023 payments to public housing agencies for the
21 operation and management of public housing, as author-
22 ized by section 9(e) of the United States Housing Act of
23 1937 (42 U.S.C. 1437g(e)) (the ‘‘Act’’), and to carry out
24 capital and management activities for public housing
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25 agencies, as authorized under section 9(d) of the Act (42
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1 U.S.C. 1437g(d)), $8,733,500,000 (increased by
2 $65,000,000,000) (reduced by $65,000,000,000), to re-
3 main available until September 30, 2026: Provided, That
4 the amounts made available under this heading are pro-
5 vided as follows:
6 (1) $5,038,500,000 (reduced by $12,500,000)
7 (increased by $12,500,000) shall be available to the
8 Secretary to allocate pursuant to the Operating
9 Fund formula at part 990 of title 24, Code of Fed-
10 eral Regulations, for 2023 payments: Provided, That
11 the amount of any forgone increases in tenant rent
12 payments due to the implementation of rent incen-
13 tives as authorized pursuant to waivers or alter-
14 native requirements of the Jobs-Plus initiative as de-
15 scribed under the heading ‘‘Self-Sufficiency Pro-
16 grams’’ shall be factored into the PHA’s general op-
17 erating fund eligibility pursuant to such formula;
18 (2) $25,000,000 shall be available to the Sec-
19 retary to allocate pursuant to a need-based applica-
20 tion process notwithstanding section 203 of this title
21 and not subject to such Operating Fund formula to
22 public housing agencies that experience, or are at
23 risk of, financial shortfalls, as determined by the
24 Secretary: Provided, That after all such shortfall
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25 needs are met, the Secretary may distribute any re-
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1 maining funds to all public housing agencies on a
2 pro-rata basis pursuant to such Operating Fund for-
3 mula;
4 (3) $3,400,000,000 (increased by
5 $65,000,000,000) (reduced by $65,000,000,000)
6 shall be available to the Secretary to allocate pursu-
7 ant to the Capital Fund formula at section 905.400
8 of title 24, Code of Federal Regulations: Provided,
9 That for funds provided under this paragraph, the
10 limitation in section 9(g)(1) of the Act shall be 25
11 percent: Provided further, That the Secretary may
12 waive the limitation in the preceding proviso to allow
13 public housing agencies to fund activities authorized
14 under section 9(e)(1)(C) of the Act: Provided fur-
15 ther, That the Secretary shall notify public housing
16 agencies requesting waivers under the preceding pro-
17 viso if the request is approved or denied within 14
18 days of submitting the request: Provided further,
19 That from the funds made available under this para-
20 graph, the Secretary shall provide bonus awards in
21 fiscal year 2023 to public housing agencies that are
22 designated high performers: Provided further, That
23 the Department shall notify public housing agencies
24 of their formula allocation within 60 days of enact-
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25 ment of this Act;
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1 (4) $65,000,000 shall be available for the Sec-
2 retary to make grants, notwithstanding section 203
3 of this title, to public housing agencies for emer-
4 gency capital needs, including safety and security
5 measures necessary to address crime and drug-re-
6 lated activity, as well as needs resulting from unfore-
7 seen or unpreventable emergencies and natural dis-
8 asters excluding Presidentially declared emergencies
9 and natural disasters under the Robert T. Stafford
10 Disaster Relief and Emergency Act (42 U.S.C. 5121
11 et seq.) occurring in fiscal year 2023, of which
12 $45,000,000 shall be available for public housing
13 agencies under administrative and judicial receiver-
14 ships or under the control of a Federal monitor:
15 Provided, That of the amount made available under
16 this paragraph, not less than $10,000,000 shall be
17 for safety and security measures: Provided further,
18 That in addition to the amount in the preceding pro-
19 viso for such safety and security measures, any
20 amounts that remain available, after all applications
21 received on or before September 30, 2024, for emer-
22 gency capital needs have been processed, shall be al-
23 located to public housing agencies for such safety
24 and security measures;
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1 (5) $65,000,000 shall be for competitive grants
2 to public housing agencies to evaluate and reduce
3 residential health hazards in public housing, includ-
4 ing lead-based paint (by carrying out the activities
5 of risk assessments, abatement, and interim con-
6 trols, as those terms are defined in section 1004 of
7 the Residential Lead-Based Paint Hazard Reduction
8 Act of 1992 (42 U.S.C. 4851b)), carbon monoxide,
9 mold, radon, and fire safety: Provided, That not less
10 than $25,000,000 of the amounts provided under
11 this paragraph shall be awarded for evaluating and
12 reducing lead-based paint hazards: Provided further,
13 That for purposes of environmental review, a grant
14 under this paragraph shall be considered funds for
15 projects or activities under title I of the United
16 States Housing Act of 1937 (42 U.S.C. 1437 et
17 seq.) for purposes of section 26 of such Act (42
18 U.S.C. 1437x) and shall be subject to the regula-
19 tions implementing such section: Provided further,
20 That amounts made available under this paragraph
21 shall be combined with amounts made available
22 under the sixth paragraph under this heading in the
23 Consolidated Appropriations Act, 2021 (Public Law
24 116–260) and shall be used in accordance with the
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25 purposes and requirements under this paragraph:
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1 Provided further, That amounts made available
2 under this paragraph may be used for competitive
3 grants to public housing agencies that improve water
4 and energy efficiency, or reduce the risk of harm to
5 occupants or property from natural hazards;
6 (6) $15,000,000 shall be to support the costs of
7 administrative and judicial receiverships and for
8 competitive grants to PHAs in receivership, des-
9 ignated troubled or substandard, or otherwise at
10 risk, as determined by the Secretary, for costs asso-
11 ciated with public housing asset improvement, in ad-
12 dition to other amounts for that purpose provided
13 under any heading under this title;
14 (7) $50,000,000 shall be to support ongoing
15 public housing financial and physical assessment ac-
16 tivities;
17 (8) $75,000,000 shall be available to improve
18 the energy or water efficiency or climate resilience of
19 public housing, including for competitive grants to
20 public housing agencies for capital improvements to
21 achieve such purposes: Provided, That of the
22 amounts made available under this paragraph, up to
23 $20,000,000, shall be available for utility
24 benchmarking, including research and evaluations,
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25 technical assistance, to develop systems and tools
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1 necessary to collect and analyze PHA utility
2 benchmarking data, to remain available until Sep-
3 tember 30, 2026: Provided further, That for pur-
4 poses of environmental review, grants under this
5 paragraph shall be considered funds for projects or
6 activities under title I of the United States Housing
7 Act of 1937 (42 U.S.C. 1437 et seq.) for purposes
8 of section 26 of such Act (42 U.S.C. 1437x) and
9 shall be subject to the regulations implementing
10 such section:
11 Provided further, That notwithstanding any other provi-
12 sion of law or regulation, during fiscal year 2023, the Sec-
13 retary of Housing and Urban Development may not dele-
14 gate to any Department official other than the Deputy
15 Secretary and the Assistant Secretary for Public and In-
16 dian Housing any authority under paragraph (2) of sec-
17 tion 9(j) of the Act regarding the extension of the time
18 periods under such section: Provided further, That for pur-
19 poses of such section 9(j), the term ‘‘obligate’’ means, with
20 respect to amounts, that the amounts are subject to a
21 binding agreement that will result in outlays, immediately
22 or in the future.
23 CHOICE NEIGHBORHOODS INITIATIVE
24 For competitive grants under the Choice Neighbor-
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25 hoods Initiative (subject to section 24 of the United States
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1 Housing Act of 1937 (42 U.S.C. 1437v) unless otherwise
2 specified under this heading), for transformation, rehabili-
3 tation, and replacement housing needs of public and
4 HUD-assisted housing and to transform neighborhoods of
5 poverty into functioning, sustainable, mixed-income neigh-
6 borhoods with appropriate services, schools, public assets,
7 transportation, and access to jobs, $450,000,000, to re-
8 main available until September 30, 2027: Provided, That
9 grant funds may be used for resident and community serv-
10 ices, community development, and affordable housing
11 needs in the community, and for conversion of vacant or
12 foreclosed properties to affordable housing: Provided fur-
13 ther, That not more than 20 percent of the amount of any
14 grant made with amounts made available under this head-
15 ing may be used for necessary supportive services notwith-
16 standing subsection (d)(1)(L) of such section 24: Provided
17 further, That the use of amounts made available under
18 this heading shall not be deemed to be for public housing,
19 notwithstanding section 3(b)(1) of such Act: Provided fur-
20 ther, That grantees shall commit to an additional period
21 of affordability determined by the Secretary of not fewer
22 than 20 years: Provided further, That the Secretary may
23 specify a period of affordability that is less than 20 years
24 with respect to owner-occupied homeownership units de-
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25 veloped with grants from amounts made available under
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1 this heading: Provided further, That grantees shall provide
2 a match in State, local, other Federal, or private funds:
3 Provided further, That grantees may include local govern-
4 ments, Tribal entities, public housing agencies, and non-
5 profit organizations: Provided further, That for-profit de-
6 velopers may apply jointly with a public entity: Provided
7 further, That for purposes of environmental review, a
8 grantee shall be treated as a public housing agency under
9 section 26 of the United States Housing Act of 1937 (42
10 U.S.C. 1437x), and grants made with amounts available
11 under this heading shall be subject to the regulations
12 issued by the Secretary to implement such section: Pro-
13 vided further, That of the amounts made available under
14 this heading, not less than $225,000,000 shall be awarded
15 to public housing agencies: Provided further, That such
16 grantees shall create partnerships with other local organi-
17 zations, including assisted housing owners, service agen-
18 cies, and resident organizations: Provided further, That
19 the Secretary shall consult with the Secretaries of Edu-
20 cation, Labor, Transportation, Health and Human Serv-
21 ices, Agriculture, and Commerce, the Attorney General,
22 and the Administrator of the Environmental Protection
23 Agency to coordinate and leverage other appropriate Fed-
24 eral resources: Provided further, That not more than
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25 $10,000,000 of the amounts made available under this
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1 heading may be provided as grants to undertake com-
2 prehensive local planning with input from residents and
3 the community: Provided further, That unobligated bal-
4 ances, including recaptures, remaining from amounts
5 made available under the heading ‘‘Revitalization of Se-
6 verely Distressed Public Housing (HOPE VI)’’ in fiscal
7 year 2011 and prior fiscal years may be used for purposes
8 under this heading, notwithstanding the purposes for
9 which such amounts were appropriated: Provided further,
10 That the Secretary shall make grant awards not later than
11 1 year after the date of enactment of this Act in such
12 amounts that the Secretary determines: Provided further,
13 That notwithstanding section 24(o) of the United States
14 Housing Act of 1937 (42 U.S.C. 1437v(o)), the Secretary
15 may, until September 30, 2023, obligate any available un-
16 obligated balances made available under this heading in
17 this or any prior Act.
18 SELF-SUFFICIENCY PROGRAMS
19 For activities and assistance related to Self-Suffi-
20 ciency Programs, to remain available until September 30,
21 2026, $175,000,000: Provided, That the amounts made
22 available under this heading are provided as follows:
23 (1) $125,000,000 shall be for the Family Self-
24 Sufficiency program to support family self-suffi-
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25 ciency coordinators under section 23 of the United
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1 States Housing Act of 1937 (42 U.S.C. 1437u), to
2 promote the development of local strategies to co-
3 ordinate the use of assistance under sections 8 and
4 9 of such Act with public and private resources, and
5 enable eligible families to achieve economic inde-
6 pendence and self-sufficiency: Provided, That the
7 Secretary may, by Federal Register notice, waive or
8 specify alternative requirements under subsections
9 (b)(3), (b)(4), (b)(5), or (c)(1) of section 23 of such
10 Act in order to facilitate the operation of a unified
11 self-sufficiency program for individuals receiving as-
12 sistance under different provisions of such Act, as
13 determined by the Secretary: Provided further, That
14 an owner or sponsor of a multifamily property re-
15 ceiving project-based rental assistance under section
16 8 of such Act shall be eligible to receive awards from
17 the Secretary under this paragraph in this and prior
18 Acts to support family self-sufficiency coordinators
19 as established in the final rule ‘‘Streamlining and
20 Implementation of Economic Growth, Regulatory
21 Relief, and Consumer Protection Act Changes to
22 Family Self-Sufficiency (FSS) Program’’ published
23 in the Federal Register on May 17, 2022 (87 Fed.
24 Reg. 30020): Provided further, That owners or spon-
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25 sors of a multifamily property receiving project-
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1 based rental assistance under section 8 of such Act
2 may voluntarily make a Family Self-Sufficiency pro-
3 gram available to the assisted tenants of such prop-
4 erty in accordance with procedures established by
5 the Secretary: Provided further, That such proce-
6 dures established pursuant to the preceding proviso
7 shall permit participating tenants to accrue escrow
8 funds in accordance with section 23(d)(2) of such
9 Act and shall allow owners to use funding from re-
10 sidual receipt accounts to hire coordinators for their
11 own Family Self-Sufficiency program;
12 (2) $35,000,000 shall be for the Resident Op-
13 portunity and Self-Sufficiency program to provide
14 for supportive services, service coordinators, and
15 congregate services as authorized by section 34 of
16 the United States Housing Act of 1937 (42 U.S.C.
17 1437z–6) and the Native American Housing Assist-
18 ance and Self-Determination Act of 1996 (25 U.S.C.
19 4101 et seq.): Provided, That amounts made avail-
20 able under this paragraph may be made available for
21 grant renewal for the Resident Opportunity and
22 Self-Sufficiency program for any public housing
23 agency or owner of a multifamily property receiving
24 project-based rental assistance under section 8 of
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25 the United States Housing Act of 1937 (42 U.S.C.
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1 1437f) that lost any amount of funding for the Resi-
2 dent Opportunity and Self-Sufficiency program as a
3 result of participation in the program created under
4 the heading ‘‘Rental Assistance Demonstration’’ in
5 the Department of Housing and Urban Development
6 Appropriations Act, 2012 (Public Law 112–55), as
7 amended (42 U.S.C. 1437f note); and
8 (3) $15,000,000 shall be for a Jobs-Plus initia-
9 tive, modeled after the Jobs-Plus demonstration:
10 Provided, That funding provided under this para-
11 graph shall be available for competitive grants to
12 partnerships between public housing authorities or
13 owners or sponsors of multifamily properties receiv-
14 ing project-based rental assistance under section 8,
15 that, in partnership with local workforce investment
16 boards established under section 107 of the Work-
17 force Innovation and Opportunity Act of 2014 (29
18 U.S.C. 3122), and other agencies and organizations
19 provide support to help public housing residents, or
20 tenants residing in units assisted under a project-
21 based section 8 contract (including section 8(o)(13)
22 of the United States Housing Act of 1937), obtain
23 employment or increase earnings, or both: Provided
24 further, That applicants must demonstrate the abil-
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25 ity to provide services to residents, partner with
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147
1 workforce investment boards, and leverage service
2 dollars: Provided further, That the Secretary may
3 allow public housing agencies to request exemptions
4 from rent and income limitation requirements under
5 sections 3 and 6 of the United States Housing Act
6 of 1937 (42 U.S.C. 1437a, 1437d), as necessary to
7 implement the Jobs-Plus program, on such terms
8 and conditions as the Secretary may approve upon
9 a finding by the Secretary that any such waivers or
10 alternative requirements are necessary for the effec-
11 tive implementation of the Jobs-Plus initiative as a
12 voluntary program for residents: Provided further,
13 That the Secretary shall publish by notice in the
14 Federal Register any waivers or alternative require-
15 ments pursuant to the preceding proviso no later
16 than 10 days before the effective date of such notice:
17 Provided further, That the costs of any rent incen-
18 tives as authorized pursuant to such waivers or al-
19 ternative requirements shall not be charged against
20 the competitive grant amounts made available under
21 this paragraph.
22 NATIVE AMERICAN PROGRAMS
23 For activities and assistance authorized under title
24 I of the Native American Housing Assistance and Self-
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25 Determination Act of 1996 (in this heading
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1 ‘‘NAHASDA’’) (25 U.S.C. 4111 et seq.), title I of the
2 Housing and Community Development Act of 1974 (42
3 U.S.C. 5301 et seq.) with respect to Indian tribes, and
4 related training and technical assistance, $1,000,000,000,
5 to remain available until September 30, 2027: Provided,
6 That the amounts made available under this heading are
7 provided as follows:
8 (1) $772,000,000 shall be for the Native Amer-
9 ican Housing Block Grants program, as authorized
10 under title I of NAHASDA: Provided, That, not-
11 withstanding NAHASDA, to determine the amount
12 of the allocation under title I of such Act for each
13 Indian tribe, the Secretary shall apply the formula
14 under section 302 of such Act with the need compo-
15 nent based on single-race census data and with the
16 need component based on multi-race census data,
17 and the amount of the allocation for each Indian
18 tribe shall be the greater of the two resulting alloca-
19 tion amounts: Provided further, That the Secretary
20 shall notify grantees of their formula allocation not
21 later than 60 days after the date of enactment of
22 this Act;
23 (2) $150,000,000 shall be for competitive
24 grants under the Native American Housing Block
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25 Grants program, as authorized under title I of
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1 NAHASDA: Provided, That the Secretary shall obli-
2 gate such amount for competitive grants to eligible
3 recipients authorized under NAHASDA that apply
4 for funds: Provided further, That in awarding
5 amounts made available in this paragraph, the Sec-
6 retary shall consider need and administrative capac-
7 ity, and shall give priority to projects that will spur
8 construction and rehabilitation of housing: Provided
9 further, That a grant funded pursuant to this para-
10 graph shall be in an amount not greater than
11 $7,500,000: Provided further, That any amounts
12 transferred for the necessary costs of administering
13 and overseeing the obligation and expenditure of
14 such amounts in prior Acts may also be used for the
15 necessary costs of administering and overseeing such
16 amounts;
17 (3) $1,000,000 shall be for the cost of guaran-
18 teed notes and other obligations, as authorized by
19 title VI of NAHASDA: Provided, That such costs,
20 including the cost of modifying such notes and other
21 obligations, shall be as defined in section 502 of the
22 Congressional Budget Act of 1974 (2 U.S.C. 661a):
23 Provided further, That amounts made available in
24 this and prior Acts for the cost of such guaranteed
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25 notes and other obligations, that are unobligated, in-
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1 cluding recaptures and carryover, shall be available
2 to subsidize the total principal amount of any notes
3 and other obligations, any part of which is to be
4 guaranteed, not to exceed $50,000,000, to remain
5 available until September 30, 2024;
6 (4) $70,000,000 shall be for grants to Indian
7 tribes for carrying out the Indian Community Devel-
8 opment Block Grant program under title I of the
9 Housing and Community Development Act of 1974,
10 notwithstanding section 106(a)(1) of such Act, of
11 which, notwithstanding any other provision of law
12 (including section 203 of this Act), not more than
13 $5,000,000 may be used for emergencies that con-
14 stitute imminent threats to health and safety: Pro-
15 vided, That not to exceed 20 percent of any grant
16 made with amounts made available in this para-
17 graph shall be expended for planning and manage-
18 ment development and administration; and
19 (5) $7,000,000, in addition to amounts other-
20 wise available for such purposes, shall be for pro-
21 viding training and technical assistance to Indian
22 tribes, Indian housing authorities, and tribally des-
23 ignated housing entities, to support the inspection of
24 Indian housing units, for contract expertise, and for
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25 training and technical assistance related to amounts
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1 made available under this heading and other head-
2 ings in this Act for the needs of Native American
3 families and Indian country: Provided, That of the
4 amounts made available in this paragraph, not less
5 than $2,000,000 shall be for a national organization
6 as authorized under section 703 of NAHASDA (25
7 U.S.C. 4212): Provided further, That amounts made
8 available in this paragraph may be used, contracted,
9 or competed as determined by the Secretary: Pro-
10 vided further, That notwithstanding chapter 63 of
11 title 31, United States Code (commonly known as
12 the Federal Grant and Cooperative Agreements Act
13 of 1977), the amounts made available in this para-
14 graph may be used by the Secretary to enter into co-
15 operative agreements with public and private organi-
16 zations, agencies, institutions, and other technical
17 assistance providers to support the administration of
18 negotiated rulemaking under section 106 of
19 NAHASDA (25 U.S.C. 4116), the administration of
20 the allocation formula under section 302 of
21 NAHASDA (25 U.S.C. 4152), and the administra-
22 tion of performance tracking and reporting under
23 section 407 of NAHASDA (25 U.S.C. 4167).
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1 INDIAN HOUSING LOAN GUARANTEE FUND PROGRAM
2 ACCOUNT
3 For the cost of guaranteed loans, as authorized by
4 section 184 of the Housing and Community Development
5 Act of 1992 (12 U.S.C. 1715z–13a), $5,521,000, to re-
6 main available until expended: Provided, That such costs,
7 including the costs of modifying such loans, shall be as
8 defined in section 502 of the Congressional Budget Act
9 of 1974 (2 U.S.C. 661a): Provided further, That amounts
10 made available in this and prior Acts for the cost of guar-
11 anteed loans, as authorized by section 184 of the Housing
12 and Community Development Act of 1992 (12 U.S.C.
13 1715z–13a), that are unobligated, including recaptures
14 and carryover, shall be available to subsidize total loan
15 principal, any part of which is to be guaranteed, not to
16 exceed $1,400,000,000, to remain available until Sep-
17 tember 30, 2024.
18 NATIVE HAWAIIAN HOUSING BLOCK GRANT
19 For the Native Hawaiian Housing Block Grant pro-
20 gram, as authorized under title VIII of the Native Amer-
21 ican Housing Assistance and Self-Determination Act of
22 1996 (25 U.S.C. 4221 et seq.), $10,000,000, to remain
23 available until September 30, 2027: Provided, That not-
24 withstanding section 812(b) of such Act, the Department
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25 of Hawaiian Home Lands may not invest grant amounts
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1 made available under this heading in investment securities
2 and other obligations: Provided further, That amounts
3 made available under this heading in this and prior fiscal
4 years may be used to provide rental assistance to eligible
5 Native Hawaiian families both on and off the Hawaiian
6 Home Lands, notwithstanding any other provision of law.
7 NATIVE HAWAIIAN HOUSING LOAN GUARANTEE FUND
8 PROGRAM ACCOUNT
9 New commitments to guarantee loans, as authorized
10 by section 184A of the Housing and Community Develop-
11 ment Act of 1992 (12 U.S.C. 1715z–13b), any part of
12 which is to be guaranteed, shall not exceed $28,000,000,
13 to remain available until September 30, 2024, in total loan
14 principal: Provided, That the Secretary may enter into
15 commitments to guarantee loans used for refinancing.
16 COMMUNITY PLANNING AND DEVELOPMENT
17 HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS
18 For carrying out the Housing Opportunities for Per-
19 sons with AIDS program, as authorized by the AIDS
20 Housing Opportunity Act (42 U.S.C. 12901 et seq.),
21 $600,000,000, to remain available until September 30,
22 2024, except that amounts allocated pursuant to section
23 854(c)(5) of such Act shall remain available until Sep-
24 tember 30, 2025: Provided, That the Department shall no-
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1 tify grantees of their formula allocation within 60 days
2 of enactment of this Act.
3 COMMUNITY DEVELOPMENT FUND
4 For assistance to States and units of general local
5 government, and other entities, for economic and commu-
6 nity development activities, and other purposes,
7 $5,299,157,664 (increased by $3,000,000,000) (reduced
8 by $3,000,000,000) (increased by $1,000,000) (reduced
9 by $1,000,000) (reduced by $1,000,000) (increased by
10 $1,000,000) (increased by $3,000,000,000) (reduced by
11 $3,000,000,000), to remain available until September 30,
12 2026, unless otherwise specified: Provided, That of the
13 total amount provided under this heading, $3,300,000,000
14 (increased by $3,000,000,000) (reduced by
15 $3,000,000,000) (reduced by $1,000,000) (increased by
16 $1,000,000) (increased by $3,000,000,000) (reduced by
17 $3,000,000,000) is for carrying out the community devel-
18 opment block grant program under title I of the Housing
19 and Community Development Act of 1974, as amended
20 (42 U.S.C. 5301 et seq.) (in this heading ‘‘the Act’’): Pro-
21 vided further, That unless explicitly provided for under
22 this heading, not to exceed 20 percent of any grant made
23 with funds made available under this heading shall be ex-
24 pended for planning and management development and
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25 administration: Provided further, That a metropolitan city,
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1 urban county, unit of general local government, or insular
2 area that directly or indirectly receives funds under this
3 heading may not sell, trade, or otherwise transfer all or
4 any portion of such funds to another such entity in ex-
5 change for any other funds, credits, or non-Federal con-
6 siderations, but shall use such funds for activities eligible
7 under title I of the Act: Provided further, That notwith-
8 standing section 105(e)(1) of the Act, no funds made
9 available under this heading may be provided to a for-prof-
10 it entity for an economic development project under sec-
11 tion 105(a)(17) unless such project has been evaluated
12 and selected in accordance with guidelines required under
13 subsection (e)(2) of section 105: Provided further, That
14 of the total amount provided under this heading,
15 $25,000,000 shall be for activities authorized under sec-
16 tion 8071 of the SUPPORT for Patients and Commu-
17 nities Act (Public Law 115–271): Provided further, That
18 the funds allocated pursuant to the preceding proviso shall
19 not adversely affect the amount of any formula assistance
20 received by a State under the first proviso: Provided fur-
21 ther, That the Secretary shall allocate the funds for such
22 activities based on the notice establishing the funding for-
23 mula published in 84 FR 16027 (April 17, 2019) except
24 that the formula shall use age-adjusted rates of drug over-
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25 dose deaths for 2019 based on data from the Centers for
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1 Disease Control and Prevention: Provided further, That of
2 the total amount made available under this heading,
3 $1,974,157,664 shall be available for grants for the Eco-
4 nomic Development Initiative (EDI) for the purposes, and
5 in amounts, specified for Community Project Funding in
6 the table titled ‘‘Transportation, Housing and Urban De-
7 velopment Incorporation of Community Project Funding
8 Items’’ included in the report accompanying this Act: Pro-
9 vided further, That none of the amounts made available
10 in the preceding proviso shall be used for reimbursement
11 of expenses incurred prior to the obligation of funds: Pro-
12 vided further, That the Department of Housing and Urban
13 Development shall notify grantees of their formula alloca-
14 tion within 60 days of enactment of this Act: Provided
15 further, That for fiscal year 2023 section 105(a)(8) of the
16 Act (42 U.S.C. 5305(a)(8)) and section 570.201(e) of title
17 24, Code of Federal Regulations, shall not apply for public
18 services activities to prevent, prepare for, and respond to
19 homelessness and emergency rental assistance needs.
20 COMMUNITY DEVELOPMENT LOAN GUARANTEES
21 PROGRAM ACCOUNT
22 Subject to section 502 of the Congressional Budget
23 Act of 1974 (2 U.S.C. 661a), during fiscal year 2023,
24 commitments to guarantee loans under section 108 of the
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25 Housing and Community Development Act of 1974 (42
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1 U.S.C. 5308), any part of which is guaranteed, shall not
2 exceed a total principal amount of $300,000,000, notwith-
3 standing any aggregate limitation on outstanding obliga-
4 tions guaranteed in subsection (k) of such section 108:
5 Provided, That the Secretary shall collect fees from bor-
6 rowers, notwithstanding subsection (m) of such section
7 108, to result in a credit subsidy cost of zero for guaran-
8 teeing such loans, and any such fees shall be collected in
9 accordance with section 502(7) of the Congressional
10 Budget Act of 1974: Provided further, That such commit-
11 ment authority funded by fees may be used to guarantee,
12 or make commitments to guarantee, notes or other obliga-
13 tions issued by any State on behalf of non-entitlement
14 communities in the State in accordance with the require-
15 ments of such section 108: Provided further, That any
16 State receiving such a guarantee or commitment under the
17 preceding proviso shall distribute all funds subject to such
18 guarantee to the units of general local government in non-
19 entitlement areas that received the commitment: Provided
20 further, That $60,000,000, to remain available until Sep-
21 tember 30, 2025, shall be for competitive economic devel-
22 opment grants, as authorized by section 108(q) of the
23 Housing and Community Development Act of 1974, as
24 amended, for projects that improve community resilience
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25 by supporting distributed clean energy plus storage, flood-
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1 control infrastructure, or redevelopment of brownfields or
2 grayfields, such as foreclosed, vacant, contaminated, aban-
3 doned, or blighted properties, obsolete manufactured hous-
4 ing, vacant shopping malls, landfills, or otherwise under-
5 utilized commercial or industrial properties: Provided fur-
6 ther, That no funds made available under this heading
7 may be used to establish loan loss reserves for the section
8 108 Community Development Loan Guarantee program:
9 Provided further, That amounts made available under this
10 heading may be used for the payment of costs associated
11 with private sector financing of debt obligations and fees
12 collected in connection with the section 108 Community
13 Development Loan Guarantee program.
14 HOME INVESTMENT PARTNERSHIPS PROGRAM
15 For the HOME Investment Partnerships program, as
16 authorized under title II of the Cranston-Gonzalez Na-
17 tional Affordable Housing Act, as amended (42 U.S.C.
18 12721 et seq.), $1,675,000,000 (increased by
19 $20,000,000,000) (reduced by $20,000,000,000), to re-
20 main available until September 30, 2026: Provided, That
21 of the amount made available under this heading, up to
22 $50,000,000 (increased by $10,000,000,000) (reduced by
23 $10,000,000,000) shall be for awards to States and insu-
24 lar areas for assistance to homebuyers as authorized under
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25 section 212(a)(1) of such Act (42 U.S.C. 12742(a)(1)),
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1 in addition to amounts made otherwise available for such
2 purpose: Provided further, That amounts made available
3 under the preceding proviso shall be allocated in the same
4 manner as other amounts made available under this head-
5 ing, except that amounts that would have been reserved
6 and allocated to units of general local government within
7 the State pursuant to section 217 of such Act (42 U.S.C.
8 12747) shall be provided to the State: Provided further,
9 That the Secretary may waive or specify alternative re-
10 quirements for any provision of such Act in connection
11 with the use of amounts made available under the pre-
12 ceding two provisos (except for requirements related to
13 fair housing, nondiscrimination, labor standards, and the
14 environment) upon a finding that any such waivers or al-
15 ternative requirements are necessary to expedite or facili-
16 tate the use of amounts awarded pursuant to the pre-
17 ceding provisos: Provided further, That notwithstanding
18 section 231(b) of such Act (24 U.S.C. 12771(b)), all unob-
19 ligated balances remaining from amounts recaptured pur-
20 suant to such section that remain available until expended
21 shall be combined with amounts made available under this
22 heading and allocated in accordance with the formula
23 under section 217(b)(1)(A) of such Act (42 U.S.C.
24 12747(b)(1)(A)): Provided further, That the Department
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25 shall notify grantees of their formula allocations not later
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1 than 60 days after enactment of this Act: Provided further,
2 That section 218(g) of such Act (42 U.S.C. 12748(g))
3 shall not apply with respect to the right of a jurisdiction
4 to draw funds from its HOME Investment Trust Fund
5 that otherwise expired or would expire in any calendar
6 year from 2016 through 2025 under that section: Provided
7 further, That section 231(b) of such Act (42 U.S.C.
8 12771(b)) shall not apply to any uninvested funds that
9 otherwise were deducted or would be deducted from the
10 line of credit in the participating jurisdiction’s HOME In-
11 vestment Trust Fund in any calendar year from 2018
12 through 2025 under that section.
13 PRESERVATION AND REINVESTMENT INITIATIVE FOR
14 COMMUNITY ENHANCEMENT
15 For competitive grants to preserve and revitalize
16 manufactured housing and eligible manufactured housing
17 communities (including pre-1976 mobile homes) under
18 title I of the Housing and Community Development Act
19 of 1974, as amended (42 U.S.C. 5301 et seq.),
20 $500,000,000, to remain available until September 30,
21 2027: Provided, That recipients of grants provided with
22 amounts made available under this heading shall be
23 States, units of general local government, resident-owned
24 manufactured housing communities, cooperatives, non-
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25 profit entities including consortia of nonprofit entities,
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1 community development financial institutions, Indian
2 Tribes and Tribally designated housing entities, or other
3 entities approved by the Secretary: Provided further, That
4 the Secretary may approve entities for selection that part-
5 ner with one or several residents of such eligible commu-
6 nities or that propose to implement a grant program that
7 would assist residents of such eligible communities: Pro-
8 vided further, That eligible uses of such grants may in-
9 clude infrastructure, planning, resident and community
10 services (including relocation assistance and eviction pre-
11 vention), resiliency activities, and providing other assist-
12 ance to residents or owners of manufactured homes, which
13 may include providing assistance for manufactured hous-
14 ing land and site acquisition: Provided further, That, ex-
15 cept as determined by the Secretary, participation in this
16 program shall not encumber the future transfer of title
17 or use of property by the residents, owners, or commu-
18 nities: Provided further, That when selecting recipients,
19 the Secretary shall prioritize applications that primarily
20 benefit low- or moderately low-income residents and pre-
21 serve long-term housing affordability for residents of man-
22 ufactured housing or a manufactured housing community:
23 Provided further, That eligible manufactured housing com-
24 munities may include those that are—
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1 (1) owned by the residents of the manufactured hous-
2 ing community through a resident-controlled entity, as de-
3 fined by the Secretary; or
4 (2) determined by the Secretary to be subject to bind-
5 ing agreements that will preserve the community and
6 maintain affordability on a long-term basis:
7 Provided further, That, of the amounts made available
8 under this heading, $50,000,000 shall be for a pilot pro-
9 gram for the Secretary to provide grants to assist in the
10 redevelopment of manufactured housing communities (in-
11 cluding pre-1976 mobile homes) as replacement housing
12 that is affordable, as defined by the Secretary: Provided
13 further, That each such redevelopment project shall pro-
14 vide, for each unit of single-family manufactured housing
15 (including pre-1976 mobile homes) replaced under the
16 project, up to 4 dwelling units of such affordable housing:
17 Provided further, That the Secretary shall define eligible
18 activities for grant assistance under the pilot program,
19 which may include relocation assistance or buy-outs for
20 residents of a manufactured housing community or down-
21 payment assistance for such residents: Provided further,
22 That the Secretary shall require each grantee under the
23 pilot program to supplement the amount of the grant with
24 non-Federal amounts exceeding 50 percent of the grant:
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25 Provided further, That resiliency activities means the re-
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1 construction, repair, or replacement of manufactured
2 housing and manufactured housing communities to pro-
3 tect the health and safety of manufactured housing resi-
4 dents and to address weatherization and energy efficiency
5 needs, except that for pre-1976 mobile homes, funds made
6 available under this heading may be used only for replace-
7 ment: Provided further, That the Secretary may waive or
8 specify alternative requirements for any provision of any
9 statute or regulation that the Secretary administers in
10 connection with the use of amounts made available under
11 this heading (except for requirements related to fair hous-
12 ing, nondiscrimination, labor standards, and the environ-
13 ment), upon a finding that such waiver or alternative re-
14 quirement is necessary to facilitate the use of such
15 amounts.
16 SELF-HELP AND ASSISTED HOMEOWNERSHIP
17 OPPORTUNITY PROGRAM
18 For the Self-Help and Assisted Homeownership Op-
19 portunity Program, as authorized under section 11 of the
20 Housing Opportunity Program Extension Act of 1996 (42
21 U.S.C. 12805 note), and for related activities and assist-
22 ance, $62,500,000 (increased by $2,000,000), to remain
23 available until September 30, 2025: Provided, That the
24 amounts made available under this heading are provided
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25 as follows:
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1 (1) $12,500,000 shall be for the Self-Help
2 Homeownership Opportunity Program as authorized
3 under such section 11;
4 (2) $45,000,000 (increased by $2,000,000)
5 shall be for the second, third, and fourth capacity
6 building entities specified in section 4(a) of the
7 HUD Demonstration Act of 1993 (42 U.S.C. 9816
8 note), of which not less than $5,000,000 shall be for
9 rural capacity building activities: Provided, That for
10 purposes of awarding grants from amounts made
11 available in this paragraph, the Secretary may enter
12 into multiyear agreements, as appropriate, subject to
13 the availability of annual appropriations; and
14 (3) $5,000,000 shall be for capacity building by
15 national rural housing organizations having experi-
16 ence assessing national rural conditions and pro-
17 viding financing, training, technical assistance, infor-
18 mation, and research to local nonprofit organiza-
19 tions, local governments, and Indian Tribes serving
20 high need rural communities.
21 HOMELESS ASSISTANCE GRANTS
22 For assistance under title IV of the McKinney-Vento
23 Homeless Assistance Act (42 U.S.C. 11360 et seq.),
24 $3,604,000,000 (reduced by $3,604,000,000) (increased
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25 by $3,604,000,000), to remain available until September
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1 30, 2025: Provided, That of the amounts made available
2 under this heading—
3 (1) $290,000,000 shall be for the Emergency
4 Solutions Grants program authorized under subtitle
5 B of such title IV (42 U.S.C. 11371 et seq.): Pro-
6 vided, That the Department shall notify grantees of
7 their formula allocation from amounts allocated
8 (which may represent initial or final amounts allo-
9 cated) for the Emergency Solutions Grant program
10 not later than 60 days after enactment of this Act;
11 (2) $3,200,000,000 shall be for the Continuum
12 of Care program authorized under subtitle C of such
13 title IV (42 U.S.C. 11381 et seq.) and the Rural
14 Housing Stability Assistance programs authorized
15 under subtitle D of such title IV (42 U.S.C. 11408):
16 Provided, That the Secretary shall prioritize funding
17 under the Continuum of Care program to contin-
18 uums of care that have demonstrated a capacity to
19 reallocate funding from lower performing projects to
20 higher performing projects: Provided further, That
21 the Secretary shall provide incentives to create
22 projects that coordinate with housing providers and
23 healthcare organizations to provide permanent sup-
24 portive housing and rapid re-housing services: Pro-
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25 vided further, That for fiscal year 2023 the Sec-
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1 retary may establish by notice an alternative max-
2 imum amount for administrative costs related to the
3 requirements described in paragraphs (1) and (2) of
4 section 402(f) of subtitle A of such title IV of no
5 more than 5 percent or $50,000, whichever is great-
6 er, notwithstanding the 3 percent limitation in sec-
7 tion 423(a)(10) of such subtitle C: Provided further,
8 That of the amounts made available for the Con-
9 tinuum of Care program under this paragraph, not
10 less than $75,000,000 shall be for grants for new
11 rapid re-housing projects and supportive service
12 projects providing coordinated entry, and for eligible
13 activities that the Secretary determines to be critical
14 in order to assist survivors of domestic violence, dat-
15 ing violence, sexual assault, or stalking: Provided
16 further, That amounts made available for the Con-
17 tinuum of Care program under this heading in this
18 Act and any remaining unobligated balances from
19 prior Acts may be used to competitively or non-com-
20 petitively renew or replace grants for youth homeless
21 demonstration projects under the Continuum of
22 Care program, notwithstanding any conflict with the
23 requirements of the Continuum of Care program;
24 (3) $7,000,000 shall be for the national home-
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25 less data analysis project: Provided, That notwith-
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1 standing the provisions of the Federal Grant and
2 Cooperative Agreements Act of 1977 (31 U.S.C.
3 6301–6308), the amounts made available under this
4 paragraph and any remaining unobligated balances
5 under this heading for such purposes in prior Acts
6 may be used by the Secretary to enter into coopera-
7 tive agreements with such entities as may be deter-
8 mined by the Secretary, including public and private
9 organizations, agencies, and institutions; and
10 (4) $107,000,000 shall be to implement
11 projects to demonstrate how a comprehensive ap-
12 proach to serving homeless youth, age 24 and under,
13 in up to 25 communities with a priority for commu-
14 nities with substantial rural populations in up to
15 eight locations, can dramatically reduce youth home-
16 lessness: Provided, That of the amount made avail-
17 able under this paragraph, not less than
18 $25,000,000 shall be for youth homelessness system
19 improvement grants to support communities, includ-
20 ing but not limited to the communities assisted
21 under the matter preceding this proviso, in estab-
22 lishing and implementing a response system for
23 youth homelessness, or for improving their existing
24 system: Provided further, That of the amount made
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25 available under this paragraph, up to $10,000,000
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1 shall be to provide technical assistance to commu-
2 nities, including but not limited to the communities
3 assisted in the preceding proviso and the matter pre-
4 ceding such proviso, on improving system responses
5 to youth homelessness, and collection, analysis, use,
6 and reporting of data and performance measures
7 under the comprehensive approaches to serve home-
8 less youth, in addition to and in coordination with
9 other technical assistance funds provided under this
10 title: Provided further, That the Secretary may use
11 up to 10 percent of the amount made available
12 under the preceding proviso to build the capacity of
13 current technical assistance providers or to train
14 new technical assistance providers with verifiable
15 prior experience with systems and programs for
16 youth experiencing homelessness:
17 Provided further, That youth aged 24 and under seeking
18 assistance under this heading shall not be required to pro-
19 vide third party documentation to establish their eligibility
20 under subsection (a) or (b) of section 103 of the McKin-
21 ney-Vento Homeless Assistance Act (42 U.S.C. 11302) to
22 receive services: Provided further, That unaccompanied
23 youth aged 24 and under or families headed by youth aged
24 24 and under who are living in unsafe situations may be
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25 served by youth-serving providers funded under this head-
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1 ing: Provided further, That persons eligible under section
2 103(a)(5) of the McKinney-Vento Homeless Assistance
3 Act may be served by any project funded under this head-
4 ing to provide both transitional housing and rapid re-hous-
5 ing: Provided further, That for all matching funds require-
6 ments applicable to funds made available under this head-
7 ing for this fiscal year and prior fiscal years, a grantee
8 may use (or could have used) as a source of match funds
9 other funds administered by the Secretary and other Fed-
10 eral agencies unless there is (or was) a specific statutory
11 prohibition on any such use of any such funds: Provided
12 further, That none of the funds made available under this
13 heading shall be available to provide funding for new
14 projects, except for projects created through reallocation,
15 unless the Secretary determines that the continuum of
16 care has demonstrated that projects are evaluated and
17 ranked based on the degree to which they improve the con-
18 tinuum of care’s system performance: Provided further,
19 That any unobligated amounts remaining from funds
20 made available under this heading in fiscal year 2012 and
21 prior years for project-based rental assistance for rehabili-
22 tation projects with 10-year grant terms may be used for
23 purposes under this heading, notwithstanding the pur-
24 poses for which such funds were appropriated: Provided
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25 further, That unobligated balances, including recaptures
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1 and carryover, remaining from funds transferred to or ap-
2 propriated under this heading in fiscal year 2019 or prior
3 years, except for rental assistance amounts that were re-
4 captured and made available until expended, shall be avail-
5 able for the current purposes authorized under this head-
6 ing in addition to the purposes for which such funds origi-
7 nally were appropriated.
8 HOUSING PROGRAMS
9 PROJECT-BASED RENTAL ASSISTANCE
10 For activities and assistance for the provision of
11 project-based subsidy contracts under the United States
12 Housing Act of 1937 (42 U.S.C. 1437 et seq.) (in this
13 heading ‘‘the Act’’), not otherwise provided for,
14 $14,540,000,000, to remain available until expended, shall
15 be available on October 1, 2022 (in addition to the
16 $400,000,000 previously appropriated under this heading
17 that became available October 1, 2022), and
18 $400,000,000, to remain available until expended, shall be
19 available on October 1, 2023: Provided, That the amounts
20 made available under this heading shall be for expiring
21 or terminating section 8 project-based subsidy contracts
22 (including section 8 moderate rehabilitation contracts), for
23 amendments to section 8 project-based subsidy contracts
24 (including section 8 moderate rehabilitation contracts), for
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25 contracts entered into pursuant to section 441 of the
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1 McKinney-Vento Homeless Assistance Act (42 U.S.C.
2 11401), for renewal of section 8 contracts for units in
3 projects that are subject to approved plans of action under
4 the Emergency Low Income Housing Preservation Act of
5 1987 or the Low-Income Housing Preservation and Resi-
6 dent Homeownership Act of 1990, and for administrative
7 and other expenses associated with project-based activities
8 and assistance funded under this heading: Provided fur-
9 ther, That the amount of any forgone increases in tenant
10 rent payments due to the implementation of rent incen-
11 tives as authorized pursuant to waivers or alternative re-
12 quirements of the Jobs-Plus initiative as described under
13 the heading ‘‘Self-Sufficiency Programs’’ shall be factored
14 into housing assistance payments under project-based sub-
15 sidy contracts: Provided further, That of the total amounts
16 made available under this heading, not to exceed
17 $375,000,000 shall be for performance-based contract ad-
18 ministrators or contractors for section 8 project-based as-
19 sistance, for carrying out 42 U.S.C. 1437(f): Provided fur-
20 ther, That the Secretary may also use such amounts in
21 the preceding proviso for performance-based contract ad-
22 ministrators or contractors for the administration of: in-
23 terest reduction payments pursuant to section 236(a) of
24 the National Housing Act (12 U.S.C. 1715z–1(a)); rent
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25 supplement payments pursuant to section 101 of the
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1 Housing and Urban Development Act of 1965 (12 U.S.C.
2 1701s); section 236(f)(2) rental assistance payments (12
3 U.S.C. 1715z–1(f)(2)); project rental assistance contracts
4 for the elderly under section 202(c)(2) of the Housing Act
5 of 1959 (12 U.S.C. 1701q); project rental assistance con-
6 tracts for supportive housing for persons with disabilities
7 under section 811(d)(2) of the Cranston-Gonzalez Na-
8 tional Affordable Housing Act (42 U.S.C. 8013(d)(2));
9 project assistance contracts pursuant to section 202(h) of
10 the Housing Act of 1959 (Public Law 86–372; 73 Stat.
11 667); and loans under section 202 of the Housing Act of
12 1959 (Public Law 86–372; 73 Stat. 667): Provided fur-
13 ther, That amounts recaptured under this heading, the
14 heading ‘‘Annual Contributions for Assisted Housing’’, or
15 the heading ‘‘Housing Certificate Fund’’, may be used for
16 renewals of or amendments to section 8 project-based con-
17 tracts or for performance-based contract administrators or
18 contractors, notwithstanding the purposes for which such
19 amounts were appropriated: Provided further, That, not-
20 withstanding any other provision of law, upon the request
21 of the Secretary, project funds that are held in residual
22 receipts accounts for any project subject to a section 8
23 project-based Housing Assistance Payments contract that
24 authorizes the Department or a housing finance agency
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25 to require that surplus project funds be deposited in an
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1 interest-bearing residual receipts account and that are in
2 excess of an amount to be determined by the Secretary,
3 shall be remitted to the Department and deposited in this
4 account, to be available until expended: Provided further,
5 That amounts deposited pursuant to the preceding proviso
6 shall be available in addition to the amount otherwise pro-
7 vided under this heading for uses authorized under this
8 heading: Provided further, That of the total amounts made
9 available under this heading, not to exceed $250,000,000
10 shall be available for rent adjustments authorized under
11 section 515(d) of the Multifamily Assisted Housing Re-
12 form and Affordability Act of 1997 (as added by section
13 234(a) of this Act): Provided further, That of the total
14 amounts made available under this heading, not to exceed
15 $25,000,000 shall be available for adjustments under sec-
16 tion 524(h) of the Multifamily Assisted Housing Reform
17 and Affordability Act of 1997 (as added by section 234(b)
18 of this Act) necessary to address health and safety defi-
19 ciencies: Provided further, That up to 2 percent of the
20 total amounts made available in the preceding two pro-
21 visos shall be for administrative contract costs, including
22 for carrying out due diligence and underwriting functions
23 for evaluating owners’ requests and for technical assist-
24 ance activities: Provided further, That of the total amounts
pbinns on DSKJLVW7X2PROD with $$_JOB
25 made available under this heading, not to exceed
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1 $31,000,000 shall be available for budget based adjust-
2 ments for service coordinators for the elderly: Provided
3 further, That any additional amounts for rent adjustments
4 or supplemental contract funding authorized under the
5 preceding four provisos shall be combined with other
6 amounts obligated to such contracts and the combined
7 total amount shall be available for all purposes under such
8 contracts.
9 HOUSING FOR THE ELDERLY
10 For capital advances, including amendments to cap-
11 ital advance contracts, for housing for the elderly, as au-
12 thorized by section 202 of the Housing Act of 1959 (12
13 U.S.C. 1701q), for project rental assistance for the elderly
14 under section 202(c)(2) of such Act, including amend-
15 ments to contracts for such assistance and renewal of ex-
16 piring contracts for such assistance for up to a 5-year
17 term, for senior preservation rental assistance contracts,
18 including renewals, as authorized by section 811(e) of the
19 American Homeownership and Economic Opportunity Act
20 of 2000 (12 U.S.C. 1701q note), and for supportive serv-
21 ices associated with the housing, $1,200,000,000 (in-
22 creased by $500,000,000) (reduced by $500,000,000) to
23 remain available until September 30, 2026: Provided,
24 That of the amount made available under this heading,
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25 up to $125,000,000 shall be for service coordinators and
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1 the continuation of existing congregate service grants for
2 residents of assisted housing projects: Provided further,
3 That any funding for existing service coordinators under
4 the preceding proviso shall be provided within 120 days
5 of enactment of this Act: Provided further, That amounts
6 made available under this heading shall be available for
7 Real Estate Assessment Center inspections and inspec-
8 tion-related activities associated with section 202 projects:
9 Provided further, That the Secretary may waive the provi-
10 sions of section 202 governing the terms and conditions
11 of project rental assistance, except that the initial contract
12 term for such assistance shall not exceed 5 years in dura-
13 tion: Provided further, That upon request of the Secretary,
14 project funds that are held in residual receipts accounts
15 for any project subject to a section 202 project rental as-
16 sistance contract, and that upon termination of such con-
17 tract are in excess of an amount to be determined by the
18 Secretary, shall be remitted to the Department and depos-
19 ited in this account, to remain available until September
20 30, 2026: Provided further, That amounts deposited in
21 this account pursuant to the preceding proviso shall be
22 available, in addition to the amounts otherwise provided
23 by this heading, for the purposes authorized under this
24 heading: Provided further, That unobligated balances, in-
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25 cluding recaptures and carryover, remaining from funds
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1 transferred to or appropriated under this heading shall be
2 available for the current purposes authorized under this
3 heading in addition to the purposes for which such funds
4 originally were appropriated: Provided further, That of the
5 total amount made available under this heading, up to
6 $25,000,000 shall be used to expand the supply of inter-
7 generational dwelling units (as such term is defined in sec-
8 tion 202 of the Legacy Act of 2003 (12 U.S.C. 1701q
9 note)) for elderly caregivers raising children: Provided fur-
10 ther, That for the purposes of the preceding proviso the
11 Secretary may waive, or specify alternative requirements
12 for, any provision of section 202 of the Housing Act of
13 1959 (12 U.S.C. 1701q) in order to facilitate the develop-
14 ment of such units, except for requirements related to fair
15 housing, nondiscrimination, labor standards, and the envi-
16 ronment: Provided further, That of the total amount made
17 available under this heading, up to $6,000,000 shall be
18 used by the Secretary to support preservation transactions
19 of housing for the elderly originally developed with a cap-
20 ital advance and assisted by a project rental assistance
21 contract under the provisions of section 202(c) of the
22 Housing Act of 1959.
23 HOUSING FOR PERSONS WITH DISABILITIES
24 For capital advances, including amendments to cap-
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25 ital advance contracts, for supportive housing for persons
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1 with disabilities, as authorized by section 811 of the Cran-
2 ston-Gonzalez National Affordable Housing Act (42
3 U.S.C. 8013), for project rental assistance for supportive
4 housing for persons with disabilities under section
5 811(d)(2) of such Act, for project assistance contracts
6 pursuant to subsection (h) of section 202 of the Housing
7 Act of 1959, as added by section 205(a) of the Housing
8 and Community Development Amendments of 1978 (Pub-
9 lic Law 95–557: 92 Stat. 2090), including amendments
10 to contracts for such assistance and renewal of expiring
11 contracts for such assistance for up to a 5-year term, for
12 project rental assistance to State housing finance agencies
13 and other appropriate entities as authorized under section
14 811(b)(3) of the Cranston-Gonzalez National Affordable
15 Housing Act, and for supportive services associated with
16 the housing for persons with disabilities as authorized by
17 section 811(b)(1) of such Act, $400,000,000 (increased by
18 $500,000,000) (reduced by $500,000,000), to remain
19 available until September 30, 2026: Provided, That
20 amounts made available under this heading shall be avail-
21 able for Real Estate Assessment Center inspections and
22 inspection-related activities associated with section 811
23 projects: Provided further, That, upon the request of the
24 Secretary, project funds that are held in residual receipts
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25 accounts for any project subject to a section 811 project
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1 rental assistance contract, and that upon termination of
2 such contract are in excess of an amount to be determined
3 by the Secretary, shall be remitted to the Department and
4 deposited in this account, to remain available until Sep-
5 tember 30, 2026: Provided further, That amounts depos-
6 ited in this account pursuant to the preceding proviso shall
7 be available in addition to the amounts otherwise provided
8 by this heading for the purposes authorized under this
9 heading: Provided further, That unobligated balances, in-
10 cluding recaptures and carryover, remaining from funds
11 transferred to or appropriated under this heading shall be
12 used for the current purposes authorized under this head-
13 ing in addition to the purposes for which such funds origi-
14 nally were appropriated.
15 HOUSING COUNSELING ASSISTANCE
16 For contracts, grants, and other assistance excluding
17 loans, as authorized under section 106 of the Housing and
18 Urban Development Act of 1968, as amended,
19 $70,000,000, to remain available until September 30,
20 2024, including up to $4,500,000 for administrative con-
21 tract services: Provided, That funds shall be used for pro-
22 viding counseling and advice to tenants and homeowners,
23 both current and prospective, with respect to property
24 maintenance, financial management or literacy, and such
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25 other matters as may be appropriate to assist them in im-
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1 proving their housing conditions, meeting their financial
2 needs, and fulfilling the responsibilities of tenancy or
3 homeownership; for program administration; and for hous-
4 ing counselor training: Provided further, That for purposes
5 of awarding grants from amounts provided under this
6 heading, the Secretary may enter into multiyear agree-
7 ments, as appropriate, subject to the availability of annual
8 appropriations.
9 PAYMENT TO MANUFACTURED HOUSING FEES TRUST
10 FUND
11 For necessary expenses as authorized by the National
12 Manufactured Housing Construction and Safety Stand-
13 ards Act of 1974 (42 U.S.C. 5401 et seq.), up to
14 $14,000,000, to remain available until expended, of which
15 $14,000,000 shall be derived from the Manufactured
16 Housing Fees Trust Fund (established under section
17 620(e) of such Act (42 U.S.C. 5419(e)): Provided, That
18 not to exceed the total amount appropriated under this
19 heading shall be available from the general fund of the
20 Treasury to the extent necessary to incur obligations and
21 make expenditures pending the receipt of collections to the
22 Fund pursuant to section 620 of such Act: Provided fur-
23 ther, That the amount made available under this heading
24 from the general fund shall be reduced as such collections
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25 are received during fiscal year 2023 so as to result in a
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1 final fiscal year 2023 appropriation from the general fund
2 estimated at zero, and fees pursuant to such section 620
3 shall be modified as necessary to ensure such a final fiscal
4 year 2023 appropriation: Provided further, That for the
5 dispute resolution and installation programs, the Sec-
6 retary may assess and collect fees from any program par-
7 ticipant: Provided further, That such collections shall be
8 deposited into the Trust Fund, and the Secretary, as pro-
9 vided herein, may use such collections, as well as fees col-
10 lected under section 620 of such Act, for necessary ex-
11 penses of such Act: Provided further, That, notwith-
12 standing the requirements of section 620 of such Act, the
13 Secretary may carry out responsibilities of the Secretary
14 under such Act through the use of approved service pro-
15 viders that are paid directly by the recipients of their serv-
16 ices.
17 FEDERAL HOUSING ADMINISTRATION
18 MUTUAL MORTGAGE INSURANCE PROGRAM ACCOUNT
19 New commitments to guarantee single family loans
20 insured under the Mutual Mortgage Insurance Fund shall
21 not exceed $400,000,000,000, to remain available until
22 September 30, 2024: Provided, That during fiscal year
23 2023, obligations to make direct loans to carry out the
24 purposes of section 204(g) of the National Housing Act,
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25 as amended, shall not exceed $1,000,000: Provided fur-
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1 ther, That the foregoing amount in the preceding proviso
2 shall be for loans to nonprofit and governmental entities
3 in connection with sales of single family real properties
4 owned by the Secretary and formerly insured under the
5 Mutual Mortgage Insurance Fund: Provided further, That
6 for administrative contract expenses of the Federal Hous-
7 ing Administration, $150,000,000, to remain available
8 until September 30, 2024: Provided further, That notwith-
9 standing the limitation in the first sentence of section
10 255(g) of the National Housing Act (12 U.S.C. 1715z–
11 20(g)), during fiscal year 2023 the Secretary may insure
12 and enter into new commitments to insure mortgages
13 under section 255 of the National Housing Act only to
14 the extent that the net credit subsidy cost for such insur-
15 ance does not exceed zero.
16 GENERAL AND SPECIAL RISK PROGRAM ACCOUNT
17 New commitments to guarantee loans insured under
18 the General and Special Risk Insurance Funds, as author-
19 ized by sections 238 and 519 of the National Housing Act
20 (12 U.S.C. 1715z–3 and 1735c), shall not exceed
21 $35,000,000,000 in total loan principal, any part of which
22 is to be guaranteed, to remain available until September
23 30, 2024: Provided, That during fiscal year 2023, gross
24 obligations for the principal amount of direct loans, as au-
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25 thorized by sections 204(g), 207(l), 238, and 519(a) of
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1 the National Housing Act, shall not exceed $1,000,000,
2 which shall be for loans to nonprofit and governmental en-
3 tities in connection with the sale of single family real prop-
4 erties owned by the Secretary and formerly insured under
5 such Act.
6 GOVERNMENT NATIONAL MORTGAGE ASSOCIATION
7 GUARANTEES OF MORTGAGE–BACKED SECURITIES LOAN
8 GUARANTEE PROGRAM ACCOUNT
9 New commitments to issue guarantees to carry out
10 the purposes of section 306 of the National Housing Act,
11 as amended (12 U.S.C. 1721(g)), shall not exceed
12 $900,000,000,000, to remain available until September
13 30, 2024: Provided, That $33,500,000, to remain avail-
14 able until September 30, 2024, shall be for necessary sala-
15 ries and expenses of the Government National Mortgage
16 Association: Provided further, That to the extent that
17 guaranteed loan commitments exceed $155,000,000,000
18 on or before April 1, 2023 an additional $100 for nec-
19 essary salaries and expenses shall be available until ex-
20 pended for each $1,000,000 in additional guaranteed loan
21 commitments (including a pro rata amount for any
22 amount below $1,000,000), but in no case shall funds
23 made available by this proviso exceed $3,000,000: Pro-
24 vided further, That receipts from Commitment and
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25 Multiclass fees collected pursuant to title III of the Na-
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1 tional Housing Act (12 U.S.C. 1716 et seq.) shall be cred-
2 ited as offsetting collections to this account.
3 POLICY DEVELOPMENT AND RESEARCH
4 RESEARCH AND TECHNOLOGY
5 For contracts, grants, and necessary expenses of pro-
6 grams of research and studies relating to housing and
7 urban problems, not otherwise provided for, as authorized
8 by title V of the Housing and Urban Development Act
9 of 1970 (12 U.S.C. 1701z–1 et seq.), including carrying
10 out the functions of the Secretary of Housing and Urban
11 Development under section 1(a)(1)(i) of Reorganization
12 Plan No. 2 of 1968, and for technical assistance,
13 $160,000,000 (reduced by $1,000,000) (increased by
14 $1,000,000) (reduced by $1,000,000) (increased by
15 $1,000,000), to remain available until September 30,
16 2024: Provided, That with respect to amounts made avail-
17 able under this heading, notwithstanding section 203 of
18 this title, the Secretary may enter into cooperative agree-
19 ments with philanthropic entities, other Federal agencies,
20 State or local governments and their agencies, Indian
21 Tribes, tribally designated housing entities, or colleges or
22 universities for research projects: Provided further, That
23 with respect to the preceding proviso, such partners to the
24 cooperative agreements shall contribute at least a 50 per-
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25 cent match toward the cost of the project: Provided fur-
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1 ther, That for non-competitive agreements entered into in
2 accordance with the preceding two provisos, the Secretary
3 shall comply with section 2(b) of the Federal Funding Ac-
4 countability and Transparency Act of 2006 (Public Law
5 109–282, 31 U.S.C. note) in lieu of compliance with sec-
6 tion 102(a)(4)(C) of the Department of Housing and
7 Urban Development Reform Act of 1989 (42 U.S.C.
8 3545(a)(4)(C)) with respect to documentation of award
9 decisions: Provided further, That prior to obligation of
10 technical assistance funding, the Secretary shall submit a
11 plan to the House and Senate Committees on Appropria-
12 tions on how the Secretary will allocate funding for this
13 activity at least 30 days prior to obligation: Provided fur-
14 ther, That none of the funds provided under this heading
15 may be available for the doctoral dissertation research
16 grant program: Provided further, That an additional
17 $20,000,000, to remain available until September 30,
18 2025, shall be for competitive grants to nonprofit or gov-
19 ernmental entities to provide legal assistance (including
20 assistance related to pretrial activities, trial activities,
21 post-trial activities and alternative dispute resolution) at
22 no cost to eligible low-income tenants at risk of or subject
23 to eviction: Provided further, That in awarding grants
24 under the preceding proviso, the Secretary shall give pref-
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25 erence to applicants that include a marketing strategy for
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1 residents of areas with high rates of eviction, have experi-
2 ence providing no-cost legal assistance to low-income indi-
3 viduals, including those with limited English proficiency
4 or disabilities, and have sufficient capacity to administer
5 such assistance, and may select unfunded or partially
6 funded eligible applicants identified in the previous com-
7 petition: Provided further, That the Secretary shall ensure,
8 to the extent practicable, that the proportion of eligible
9 tenants living in rural areas who will receive legal assist-
10 ance with grant funds made available under this heading
11 is not less than the overall proportion of eligible tenants
12 who live in rural areas.
13 FAIR HOUSING AND EQUAL OPPORTUNITY
14 FAIR HOUSING ACTIVITIES
15 For contracts, grants, and other assistance, not oth-
16 erwise provided for, as authorized by title VIII of the Civil
17 Rights Act of 1968 (42 U.S.C. 3601 et seq.), and section
18 561 of the Housing and Community Development Act of
19 1987 (42 U.S.C. 3616a), $86,000,000, to remain available
20 until September 30, 2024: Provided, That notwithstanding
21 section 3302 of title 31, United States Code, the Secretary
22 may assess and collect fees to cover the costs of the Fair
23 Housing Training Academy, and may use such funds to
24 develop on-line courses and provide such training: Pro-
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25 vided further, That none of the funds made available under
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1 this heading may be used to lobby the executive or legisla-
2 tive branches of the Federal Government in connection
3 with a specific contract, grant, or loan: Provided further,
4 That of the funds made available under this heading,
5 $1,000,000 shall be available to the Secretary for the cre-
6 ation and promotion of translated materials and other pro-
7 grams that support the assistance of persons with limited
8 English proficiency in utilizing the services provided by
9 the Department of Housing and Urban Development.
10 OFFICE OF LEAD HAZARD CONTROL AND HEALTHY
11 HOMES
12 LEAD HAZARD REDUCTION
13 (INCLUDING TRANSFER OF FUNDS)
14 For the Lead Hazard Reduction Program, as author-
15 ized by section 1011 of the Residential Lead-Based Paint
16 Hazard Reduction Act of 1992 (42 U.S.C. 4852), the
17 Healthy Homes Initiative, pursuant to sections 501 and
18 502 of the Housing and Urban Development Act of 1970
19 (12 U.S.C. 1701z–1 and 1701z–2), and for related activi-
20 ties and assistance, $415,000,000, to remain available
21 until September 30, 2025: Provided, That the amounts
22 made available under this heading are provided as follows:
23 (1) $290,000,000 shall be for the award of
24 grants pursuant to such section 1011, of which not
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1 less than $95,000,000 shall be provided to areas
2 with the highest lead-based paint abatement needs;
3 (2) $85,000,000 shall be for the Healthy
4 Homes Initiative, pursuant to sections 501 and 502
5 of the Housing and Urban Development Act of
6 1970, which shall include research, studies, testing,
7 and demonstration efforts, including education and
8 outreach concerning lead-based paint poisoning and
9 other housing-related diseases and hazards, and
10 mitigating housing-related health and safety hazards
11 in housing of low-income families, of which—
12 (A) $5,000,000 shall be for the implemen-
13 tation of projects in up to five communities that
14 are served by both the Healthy Homes Initia-
15 tive and the Department of Energy weatheriza-
16 tion programs to demonstrate whether the co-
17 ordination of Healthy Homes remediation ac-
18 tivities with weatherization activities achieves
19 cost savings and better outcomes in improving
20 the safety and quality of homes; and
21 (B) $10,000,000 shall be for grants to ex-
22 perienced non-profit organizations, States, local
23 governments, or public housing agencies for
24 safety and functional home modification repairs
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25 and renovations to meet the needs of low-in-
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1 come elderly homeowners to enable them to re-
2 main in their primary residence: Provided, That
3 of the total amount made available under this
4 subparagraph no less than $3,000,000 shall be
5 available to meet such needs in communities
6 with substantial rural populations;
7 (3) $5,000,000 shall be for the award of grants
8 and contracts for research pursuant to sections 1051
9 and 1052 of the Residential Lead-Based Paint Haz-
10 ard Reduction Act of 1992 (42 U.S.C. 4854,
11 4854a);
12 (4) Up to $2,000,000 in total of the amounts
13 made available under paragraphs (2) and (3) may be
14 transferred to the heading ‘‘Research and Tech-
15 nology’’ for the purposes of conducting research and
16 studies and for use in accordance with the provisos
17 under that heading for non-competitive agreements;
18 (5) $30,000,000 shall be for a lead-risk assess-
19 ment demonstration for public housing agencies to
20 conduct lead hazard screenings or lead-risk assess-
21 ments during housing quality standards inspections
22 of units in which a family receiving assistance under
23 section 8(o) of the U.S. Housing Act of 1937 (42
24 U.S.C. 1437f(o)) resides or expects to reside, and
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25 has or expects to have a child under age 6 residing
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1 in the unit, while preserving rental housing avail-
2 ability and affordability; and
3 (6) $5,000,000 shall be for grants for a radon
4 testing and mitigation safety demonstration program
5 (the radon demonstration) in public housing: Pro-
6 vided, That the testing method, mitigation method,
7 or action level used under the radon demonstration
8 shall be as specified by applicable state or local law,
9 if such law is more protective of human health or
10 the environment than the method or level specified
11 by the Secretary:
12 Provided further, That for purposes of environmental re-
13 view, pursuant to the National Environmental Policy Act
14 of 1969 (42 U.S.C. 4321 et seq.) and other provisions of
15 law that further the purposes of such Act, a grant under
16 the Healthy Homes Initiative, or the Lead Technical Stud-
17 ies program, or other demonstrations or programs under
18 this heading or under prior appropriations Acts for such
19 purposes under this heading, or under the heading ‘‘Hous-
20 ing for the Elderly’’ under prior Appropriations Acts, shall
21 be considered to be funds for a special project for purposes
22 of section 305(c) of the Multifamily Housing Property
23 Disposition Reform Act of 1994: Provided further, That
24 each applicant for a grant or cooperative agreement under
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25 this heading shall certify adequate capacity that is accept-
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1 able to the Secretary to carry out the proposed use of
2 funds pursuant to a notice of funding opportunity: Pro-
3 vided further, That amounts made available under this
4 heading, except for amounts in paragraphs (2)(B) for
5 home modification repairs and renovations, in this or prior
6 appropriations Acts, still remaining available, may be used
7 for any purpose under this heading notwithstanding the
8 purpose for which such amounts were appropriated if a
9 program competition is undersubscribed and there are
10 other program competitions under this heading that are
11 oversubscribed.
12 INFORMATION TECHNOLOGY FUND
13 For Department-wide and program-specific informa-
14 tion technology systems and infrastructure, $382,000,000
15 (increased by $2,000,000), to remain available until Sep-
16 tember 30, 2025, of which up to $16,746,000 shall be for
17 development, modernization, and enhancement projects,
18 including planning for such projects: Provided, That not
19 more than 10 percent of the funds made available under
20 this heading for development, modernization, and en-
21 hancement may be obligated until the Secretary submits
22 and the House and Senate Committees on Appropriations
23 approve a plan that—
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1 (1) identifies for each development, moderniza-
2 tion, and enhancement project to be funded from
3 available balances, including carryover—
4 (A) plain language summaries of the
5 project scope;
6 (B) the estimated total project cost; and
7 (C) key milestones to be met; and
8 (2) identifies for each major modernization
9 project—
10 (A) the functional and performance capa-
11 bilities to be delivered and the mission benefits
12 to be realized;
13 (B) the estimated life-cycle cost;
14 (C) key milestones to be met through the
15 project end date, including any identified sys-
16 tem decommissioning;
17 (D) a description of the procurement strat-
18 egy and governance structure for the project
19 and the number of HUD staff and contractors
20 supporting the project; and
21 (E) certification from the Chief Informa-
22 tion Officer that each project is compliant with
23 the Department’s enterprise architecture, life-
24 cycle management and capital planning and in-
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1 Provided further, That not later than 30 days after
2 the end of each quarter, the Secretary shall submit
3 an updated report to the Committees on Appropria-
4 tions of the House of Representatives and the Sen-
5 ate summarizing the status, cost and plan for all
6 modernization projects; and for each major mod-
7 ernization project with an approved project plan,
8 identifying—
9 (1) results and actual expenditures of the prior
10 quarter;
11 (2) any variances in cost, schedule (including
12 procurement), or functionality from the previously
13 approved project plan, reasons for such variances
14 and estimated impact on total life-cycle costs; and
15 (3) risks and mitigation strategies associated
16 with ongoing work.
17 OFFICE OF INSPECTOR GENERAL
18 For necessary salaries and expenses of the Office of
19 Inspector General in carrying out the Inspector General
20 Act of 1978, as amended, $140,000,000 (reduced by
21 $1,000,000) (increased by $1,000,000): Provided, That
22 the Inspector General shall have independent authority
23 over all personnel and acquisition issues within this office.
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1 GENERAL PROVISIONS—DEPARTMENT OF HOUSING AND
2 URBAN DEVELOPMENT
3 (INCLUDING TRANSFER OF FUNDS)
4 (INCLUDING RESCISSION)
5 SEC. 201. Fifty percent of the amounts of budget au-
6 thority, or in lieu thereof 50 percent of the cash amounts
7 associated with such budget authority, that are recaptured
8 from projects described in section 1012(a) of the Stewart
9 B. McKinney Homeless Assistance Amendments Act of
10 1988 (42 U.S.C. 1437f note) shall be rescinded or in the
11 case of cash, shall be remitted to the Treasury, and such
12 amounts of budget authority or cash recaptured and not
13 rescinded or remitted to the Treasury shall be used by
14 State housing finance agencies or local governments or
15 local housing agencies with projects approved by the Sec-
16 retary of Housing and Urban Development for which set-
17 tlement occurred after January 1, 1992, in accordance
18 with such section. Notwithstanding the previous sentence,
19 the Secretary may award up to 15 percent of the budget
20 authority or cash recaptured and not rescinded or remitted
21 to the Treasury to provide project owners with incentives
22 to refinance their project at a lower interest rate.
23 SEC. 202. None of the funds made available by this
24 Act may be used to investigate or prosecute under the Fair
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25 Housing Act any otherwise lawful activity engaged in by
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1 one or more persons, including the filing or maintaining
2 of a nonfrivolous legal action, that is engaged in solely
3 for the purpose of achieving or preventing action by a Gov-
4 ernment official or entity, or a court of competent jurisdic-
5 tion.
6 SEC. 203. Except as explicitly provided in law, any
7 grant, cooperative agreement or other assistance made
8 pursuant to title II of this Act shall be made on a competi-
9 tive basis and in accordance with section 102 of the De-
10 partment of Housing and Urban Development Reform Act
11 of 1989 (42 U.S.C. 3545).
12 SEC. 204. Section 7 of the Department of Housing
13 and Urban Development Act (42 U.S.C. 3535) is amended
14 by adding at the end the following new subsection:
15 ‘‘(u)(1) Funds of the Department of Housing and
16 Urban Development subject to the Government Corpora-
17 tion Control Act shall be available, without regard to the
18 limitations on administrative expenses, for legal services
19 on a contract or fee basis, and for utilizing and making
20 payment for services and facilities of the Federal National
21 Mortgage Association, Government National Mortgage As-
22 sociation, Federal Home Loan Mortgage Corporation,
23 Federal Financing Bank, Federal Reserve banks or any
24 member thereof, Federal Home Loan banks, and any in-
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1 surance Corporation Act, as amended (12 U.S.C. 1811–
2 1).
3 ‘‘(2) Corporations and agencies of the Department of
4 Housing and Urban Development which are subject to
5 chapter 91 of title 31, United States Code, are hereby au-
6 thorized to make such expenditures, within the limits of
7 funds and borrowing authority available to each such cor-
8 poration or agency and in accordance with law, and to
9 make such contracts and commitments without regard to
10 fiscal year limitations as provided by section 9104 of such
11 title as may be necessary in carrying out the programs
12 set forth in the budget for such corporation or agency ex-
13 cept as hereinafter provided: Provided, That collections of
14 these corporations and agencies may be used for new loan
15 or mortgage purchase commitments only to the extent ex-
16 pressly provided for in an appropriations Act (unless such
17 loans are in support of other forms of assistance provided
18 for in appropriations Acts), except that this proviso shall
19 not apply to the mortgage insurance or guaranty oper-
20 ations of these corporations, or where loans or mortgage
21 purchases are necessary to protect the financial interest
22 of the United States Government.’’.
23 SEC. 205. Unless otherwise provided for in this Act
24 or through a reprogramming of funds, no part of any ap-
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1 Development shall be available for any program, project
2 or activity in excess of amounts set forth in the budget
3 estimates submitted to Congress.
4 SEC. 206. The Secretary shall provide quarterly re-
5 ports to the House and Senate Committees on Appropria-
6 tions regarding all uncommitted, unobligated, recaptured,
7 and excess funds in each program and activity within the
8 jurisdiction of the Department and shall submit addi-
9 tional, updated budget information to these Committees
10 upon request.
11 SEC. 207. None of the funds made available by this
12 title may be used for an audit of the Government National
13 Mortgage Association that makes applicable requirements
14 under the Federal Credit Reform Act of 1990 (2 U.S.C.
15 661 et seq.).
16 SEC. 208. (a) Notwithstanding any other provision
17 of law, subject to the conditions listed under this section,
18 for fiscal years 2023 and 2024, the Secretary of Housing
19 and Urban Development may authorize the transfer of
20 some or all project-based assistance, debt held or insured
21 by the Secretary and statutorily required low-income and
22 very low-income use restrictions if any, associated with one
23 or more multifamily housing project or projects to another
24 multifamily housing project or projects.
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1 (b) PHASED TRANSFERS.—Transfers of project-
2 based assistance under this section may be done in phases
3 to accommodate the financing and other requirements re-
4 lated to rehabilitating or constructing the project or
5 projects to which the assistance is transferred, to ensure
6 that such project or projects meet the standards under
7 subsection (c).
8 (c) The transfer authorized in subsection (a) is sub-
9 ject to the following conditions:
10 (1) NUMBER AND BEDROOM SIZE OF UNITS.—
11 (A) For occupied units in the transferring
12 project: The number of low-income and very
13 low-income units and the configuration (i.e.,
14 bedroom size) provided by the transferring
15 project shall be no less than when transferred
16 to the receiving project or projects and the net
17 dollar amount of Federal assistance provided to
18 the transferring project shall remain the same
19 in the receiving project or projects.
20 (B) For unoccupied units in the transfer-
21 ring project: The Secretary may authorize a re-
22 duction in the number of dwelling units in the
23 receiving project or projects to allow for a re-
24 configuration of bedroom sizes to meet current
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1 retary and provided there is no increase in the
2 project-based assistance budget authority.
3 (2) The transferring project shall, as deter-
4 mined by the Secretary, be either physically obsolete
5 or economically nonviable, or be reasonably expected
6 to become economically nonviable when complying
7 with state or Federal requirements for community
8 integration and reduced concentration of individuals
9 with disabilities.
10 (3) The receiving project or projects shall meet
11 or exceed applicable physical standards established
12 by the Secretary.
13 (4) The owner or mortgagor of the transferring
14 project shall notify and consult with the tenants re-
15 siding in the transferring project and provide a cer-
16 tification of approval by all appropriate local govern-
17 mental officials.
18 (5) The tenants of the transferring project who
19 remain eligible for assistance to be provided by the
20 receiving project or projects shall not be required to
21 vacate their units in the transferring project or
22 projects until new units in the receiving project are
23 available for occupancy.
24 (6) The Secretary determines that this transfer
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1 (7) If either the transferring project or the re-
2 ceiving project or projects meets the condition speci-
3 fied in subsection (d)(2)(A), any lien on the receiv-
4 ing project resulting from additional financing ob-
5 tained by the owner shall be subordinate to any
6 FHA-insured mortgage lien transferred to, or placed
7 on, such project by the Secretary, except that the
8 Secretary may waive this requirement upon deter-
9 mination that such a waiver is necessary to facilitate
10 the financing of acquisition, construction, and/or re-
11 habilitation of the receiving project or projects.
12 (8) If the transferring project meets the re-
13 quirements of subsection (d)(2), the owner or mort-
14 gagor of the receiving project or projects shall exe-
15 cute and record either a continuation of the existing
16 use agreement or a new use agreement for the
17 project where, in either case, any use restrictions in
18 such agreement are of no lesser duration than the
19 existing use restrictions.
20 (9) The transfer does not increase the cost (as
21 defined in section 502 of the Congressional Budget
22 Act of 1974 (2 U.S.C. 661a)) of any FHA-insured
23 mortgage, except to the extent that appropriations
24 are provided in advance for the amount of any such
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25 increased cost.
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1 (d) For purposes of this section—
2 (1) the terms ‘‘low-income’’ and ‘‘very low-in-
3 come’’ shall have the meanings provided by the stat-
4 ute and/or regulations governing the program under
5 which the project is insured or assisted;
6 (2) the term ‘‘multifamily housing project’’
7 means housing that meets one of the following con-
8 ditions—
9 (A) housing that is subject to a mortgage
10 insured under the National Housing Act;
11 (B) housing that has project-based assist-
12 ance attached to the structure including
13 projects undergoing mark to market debt re-
14 structuring under the Multifamily Assisted
15 Housing Reform and Affordability Housing Act;
16 (C) housing that is assisted under section
17 202 of the Housing Act of 1959 (12 U.S.C.
18 1701q);
19 (D) housing that is assisted under section
20 202 of the Housing Act of 1959 (12 U.S.C.
21 1701q), as such section existed before the en-
22 actment of the Cranston-Gonzales National Af-
23 fordable Housing Act;
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1 (E) housing that is assisted under section
2 811 of the Cranston-Gonzales National Afford-
3 able Housing Act (42 U.S.C. 8013); or
4 (F) housing or vacant land that is subject
5 to a use agreement;
6 (3) the term ‘‘project-based assistance’’
7 means—
8 (A) assistance provided under section 8(b)
9 of the United States Housing Act of 1937 (42
10 U.S.C. 1437f(b));
11 (B) assistance for housing constructed or
12 substantially rehabilitated pursuant to assist-
13 ance provided under section 8(b)(2) of such Act
14 (as such section existed immediately before Oc-
15 tober 1, 1983);
16 (C) rent supplement payments under sec-
17 tion 101 of the Housing and Urban Develop-
18 ment Act of 1965 (12 U.S.C. 1701s);
19 (D) interest reduction payments under sec-
20 tion 236 and/or additional assistance payments
21 under section 236(f)(2) of the National Hous-
22 ing Act (12 U.S.C. 1715z–1);
23 (E) assistance payments made under sec-
24 tion 202(c)(2) of the Housing Act of 1959 (12
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25 U.S.C. 1701q(c)(2)); and
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1 (F) assistance payments made under sec-
2 tion 811(d)(2) of the Cranston-Gonzalez Na-
3 tional Affordable Housing Act (42 U.S.C.
4 8013(d)(2));
5 (4) the term ‘‘receiving project or projects’’
6 means the multifamily housing project or projects to
7 which some or all of the project-based assistance,
8 debt, and statutorily required low-income and very
9 low-income use restrictions are to be transferred;
10 (5) the term ‘‘transferring project’’ means the
11 multifamily housing project which is transferring
12 some or all of the project-based assistance, debt, and
13 the statutorily required low-income and very low-in-
14 come use restrictions to the receiving project or
15 projects; and
16 (6) the term ‘‘Secretary’’ means the Secretary
17 of Housing and Urban Development.
18 (e) RESEARCH REPORT.—The Secretary shall con-
19 duct an evaluation of the transfer authority under this sec-
20 tion, including the effect of such transfers on the oper-
21 ational efficiency, contract rents, physical and financial
22 conditions, and long-term preservation of the affected
23 properties. The Secretary shall publish by notice in the
24 Federal Register the terms and conditions, including cri-
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1 Urban Development, of transfers pursuant to this section
2 no later than 30 days before the effective date of such
3 notice.
4 SEC. 209. (a) No assistance shall be provided under
5 section 8 of the United States Housing Act of 1937 (42
6 U.S.C. 1437f) to any individual who—
7 (1) is enrolled as a student at an institution of
8 higher education (as defined under section 102 of
9 the Higher Education Act of 1965 (20 U.S.C.
10 1002));
11 (2) is under 24 years of age;
12 (3) is not a veteran;
13 (4) is unmarried;
14 (5) does not have a dependent child;
15 (6) is not a person with disabilities, as such
16 term is defined in section 3(b)(3)(E) of the United
17 States Housing Act of 1937 (42 U.S.C.
18 1437a(b)(3)(E)) and was not receiving assistance
19 under such section 8 as of November 30, 2005;
20 (7) is not a youth who left foster care at age
21 14 or older and is at risk of becoming homeless; and
22 (8) is not otherwise individually eligible, or has
23 parents who, individually or jointly, are not eligible,
24 to receive assistance under section 8 of the United
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25 States Housing Act of 1937 (42 U.S.C. 1437f).
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1 (b) For purposes of determining the eligibility of a
2 person to receive assistance under section 8 of the United
3 States Housing Act of 1937 (42 U.S.C. 1437f), any finan-
4 cial assistance (in excess of amounts received for tuition
5 and any other required fees and charges) that an indi-
6 vidual receives under the Higher Education Act of 1965
7 (20 U.S.C. 1001 et seq.), from private sources, or from
8 an institution of higher education (as defined under sec-
9 tion 102 of the Higher Education Act of 1965 (20 U.S.C.
10 1002)), shall be considered income to that individual, ex-
11 cept for a person over the age of 23 with dependent chil-
12 dren.
13 SEC. 210. The funds made available for Native Alas-
14 kans under paragraph (1) under the heading ‘‘Native
15 American Programs’’ in title II of this Act shall be allo-
16 cated to the same Native Alaskan housing block grant re-
17 cipients that received funds in fiscal year 2005, and only
18 such recipients shall be eligible to apply for funds made
19 available under paragraph (2) of such heading.
20 SEC. 211. Notwithstanding any other provision of
21 law, in fiscal year 2023, in managing and disposing of any
22 multifamily property that is owned or has a mortgage held
23 by the Secretary of Housing and Urban Development, and
24 during the process of foreclosure on any property with a
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25 contract for rental assistance payments under section 8
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1 of the United States Housing Act of 1937 (42 U.S.C.
2 1437f) or any other Federal programs, the Secretary shall
3 maintain any rental assistance payments under section 8
4 of the United States Housing Act of 1937 and other pro-
5 grams that are attached to any dwelling units in the prop-
6 erty. To the extent the Secretary determines, in consulta-
7 tion with the tenants and the local government that such
8 a multifamily property owned or having a mortgage held
9 by the Secretary is not feasible for continued rental assist-
10 ance payments under such section 8 or other programs,
11 based on consideration of (1) the costs of rehabilitating
12 and operating the property and all available Federal,
13 State, and local resources, including rent adjustments
14 under section 524 of the Multifamily Assisted Housing
15 Reform and Affordability Act of 1997 (in this section
16 ‘‘MAHRAA’’) (42 U.S.C. 1437f note), and (2) environ-
17 mental conditions that cannot be remedied in a cost-effec-
18 tive fashion, the Secretary may, in consultation with the
19 tenants of that property, contract for project-based rental
20 assistance payments with an owner or owners of other ex-
21 isting housing properties, or provide other rental assist-
22 ance. The Secretary shall also take appropriate steps to
23 ensure that project-based contracts remain in effect prior
24 to foreclosure, subject to the exercise of contractual abate-
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1 major threats to health and safety after written notice to
2 and informed consent of the affected tenants and use of
3 other available remedies, such as partial abatements or re-
4 ceivership. After disposition of any multifamily property
5 described in this section, the contract and allowable rent
6 levels on such properties shall be subject to the require-
7 ments under section 524 of MAHRAA.
8 SEC. 212. Public housing agencies that own and oper-
9 ate 400 or fewer public housing units may elect to be ex-
10 empt from any asset management requirement imposed by
11 the Secretary in connection with the operating fund rule:
12 Provided, That an agency seeking a discontinuance of a
13 reduction of subsidy under the operating fund formula
14 shall not be exempt from asset management requirements.
15 SEC. 213. With respect to the use of amounts pro-
16 vided in this Act and in future Acts for the operation, cap-
17 ital improvement, and management of public housing as
18 authorized by sections 9(d) and 9(e) of the United States
19 Housing Act of 1937 (42 U.S.C. 1437g(d),(e)), the Sec-
20 retary shall not impose any requirement or guideline relat-
21 ing to asset management that restricts or limits in any
22 way the use of capital funds for central office costs pursu-
23 ant to paragraph (1) or (2) of section 9(g) of the United
24 States Housing Act of 1937 (42 U.S.C. 1437g(g)(1), (2)):
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1 ital funds authorized under section 9(d) for activities that
2 are eligible under section 9(e) for assistance with amounts
3 from the operating fund in excess of the amounts per-
4 mitted under paragraph (1) or (2) of section 9(g).
5 SEC. 214. No official or employee of the Department
6 of Housing and Urban Development shall be designated
7 as an allotment holder unless the Office of the Chief Fi-
8 nancial Officer has determined that such allotment holder
9 has implemented an adequate system of funds control and
10 has received training in funds control procedures and di-
11 rectives. The Chief Financial Officer shall ensure that
12 there is a trained allotment holder for each HUD appro-
13 priation under the accounts ‘‘Executive Offices’’, ‘‘Admin-
14 istrative Support Offices’’, ‘‘Program Offices’’, ‘‘Govern-
15 ment National Mortgage Association—Guarantees of
16 Mortgage-Backed Securities Loan Guarantee Program
17 Account’’, and ‘‘Office of Inspector General’’ within the
18 Department of Housing and Urban Development.
19 SEC. 215. The Secretary shall, for fiscal year 2023,
20 notify the public through the Federal Register and other
21 means, as determined appropriate, of the issuance of a no-
22 tice of funding opportunity (NOFO) for any program or
23 discretionary fund administered by the Secretary that is
24 to be competitively awarded. Notwithstanding any other
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1 make the NOFO available only on the Internet at the ap-
2 propriate Government website or through other electronic
3 media, as determined by the Secretary.
4 SEC. 216. Payment of attorney fees in program-re-
5 lated litigation shall be paid from the individual program
6 office and Office of General Counsel salaries and expenses
7 appropriations.
8 SEC. 217. The Secretary is authorized to transfer up
9 to 10 percent or $5,000,000, whichever is less, of funds
10 appropriated for any office under the headings ‘‘Adminis-
11 trative Support Offices’’ or ‘‘Program Offices’’ to any
12 other such office under such headings: Provided, That no
13 appropriation for any such office under such headings
14 shall be increased or decreased by more than 10 percent
15 or $5,000,000, whichever is less, without prior written ap-
16 proval of the House and Senate Committees on Appropria-
17 tions: Provided further, That the Secretary shall provide
18 notification to such Committees 3 business days in ad-
19 vance of any such transfers under this section up to 10
20 percent or $5,000,000, whichever is less.
21 SEC. 218. (a) Any entity receiving housing assistance
22 payments shall maintain decent, safe, and sanitary condi-
23 tions, as determined by the Secretary, and comply with
24 any standards under applicable State or local laws, rules,
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1 tion of any property covered under a housing assistance
2 payment contract.
3 (b) The Secretary shall take action under subsection
4 (c) when a multifamily housing project with a contract
5 under section 8 of the United States Housing Act of 1937
6 (42 U.S.C. 1437f) or a contract for similar project-based
7 assistance—
8 (1) receives a Uniform Physical Condition
9 Standards (UPCS) score of 59 or less; or
10 (2) fails to certify in writing to the Secretary
11 within 3 days that all Exigent Health and Safety de-
12 ficiencies identified by the inspector at the project
13 have been corrected.
14 Such requirements shall apply to insured and non-
15 insured projects with assistance attached to the units
16 under section 8 of the United States Housing Act of 1937
17 (42 U.S.C. 1437f), but shall not apply to such units as-
18 sisted under section 8(o)(13) of such Act (42 U.S.C.
19 1437f(o)(13)) or to public housing units assisted with cap-
20 ital or operating funds under section 9 of the United
21 States Housing Act of 1937 (42 U.S.C. 1437g).
22 (c)(1) Within 15 days of the issuance of the Real Es-
23 tate Assessment Center (‘‘REAC’’) inspection, the Sec-
24 retary shall provide the owner with a Notice of Default
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1 for correcting all deficiencies. The Secretary shall provide
2 a copy of the Notice of Default to the tenants, the local
3 government, any mortgagees, and any contract adminis-
4 trator. If the owner’s appeal results in a UPCS score of
5 60 or above, the Secretary may withdraw the Notice of
6 Default.
7 (2) At the end of the time period for correcting all
8 deficiencies specified in the Notice of Default, if the owner
9 fails to fully correct such deficiencies, the Secretary shall
10 take one or more of the following actions, and provide ad-
11 ditional notice of those actions to the owner and the par-
12 ties specified above—
13 (A) require immediate replacement of project
14 management with a management agent approved by
15 the Secretary;
16 (B) impose civil money penalties, which shall be
17 used solely for the purpose of supporting safe and
18 sanitary conditions at applicable properties, as des-
19 ignated by the Secretary, with priority given to the
20 tenants of the property affected by the penalty;
21 (C) abate the section 8 contract, including par-
22 tial abatement, as determined by the Secretary, until
23 all deficiencies have been corrected;
24 (D) pursue transfer of the project to an owner,
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1 dures, who will be obligated to promptly make all re-
2 quired repairs and to accept renewal of the assist-
3 ance contract if such renewal is offered;
4 (E) transfer the existing section 8 contract to
5 another project or projects and owner or owners;
6 (F) pursue exclusionary sanctions, including
7 suspensions or debarments from Federal programs;
8 (G) seek judicial appointment of a receiver to
9 manage the property and cure all project deficiencies
10 or seek a judicial order of specific performance re-
11 quiring the owner to cure all project deficiencies;
12 (H) work with the owner, lender, or other re-
13 lated party to stabilize the property in an attempt
14 to preserve the property through compliance, trans-
15 fer of ownership, or an infusion of capital provided
16 by a third-party that requires time to effectuate; or
17 (I) take any other regulatory or contractual
18 remedies available as deemed necessary and appro-
19 priate by the Secretary.
20 (d) The Secretary shall take appropriate steps to en-
21 sure that project-based contracts remain in effect, subject
22 to the exercise of contractual abatement remedies to assist
23 relocation of tenants for major threats to health and safety
24 after written notice to and informed consent of the af-
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1 To the extent the Secretary determines, in consultation
2 with the tenants and the local government, that the prop-
3 erty is not feasible for continued rental assistance pay-
4 ments under such section 8 or other programs, based on
5 consideration of—
6 (1) the costs of rehabilitating and operating the
7 property and all available Federal, State, and local
8 resources, including rent adjustments under section
9 524 of the Multifamily Assisted Housing Reform
10 and Affordability Act of 1997 (‘‘MAHRAA’’); and
11 (2) environmental conditions that cannot be
12 remedied in a cost-effective fashion, the Secretary
13 may contract for project-based rental assistance pay-
14 ments with an owner or owners of other existing
15 housing properties, or provide other rental assist-
16 ance.
17 (e) The Secretary shall report semi-annually on all
18 properties covered by this section that are assessed
19 through the Real Estate Assessment Center and have
20 UPCS physical inspection scores of less than 60 or have
21 received an unsatisfactory management and occupancy re-
22 view within the past 36 months. The report shall include—
23 (1) identification of the property level enforce-
24 ment actions being taken to address such conditions,
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1 mination of subsidies, and identification of prop-
2 erties that have such conditions multiple times;
3 (2) identification of property level actions that
4 the Department of Housing and Urban Development
5 is taking to protect tenants of such identified prop-
6 erties; and
7 (3) any administrative or legislative rec-
8 ommendations to further improve the living condi-
9 tions at properties covered under a housing assist-
10 ance payment contract.
11 The first report shall be submitted to the Senate and
12 House Committees on Appropriations not later than 30
13 days after the enactment of this Act, and the second re-
14 port shall be submitted within 180 days of the transmittal
15 of the first report.
16 SEC. 219. None of the funds made available by this
17 Act, or any other Act, for purposes authorized under sec-
18 tion 8 (only with respect to the tenant-based rental assist-
19 ance program) and section 9 of the United States Housing
20 Act of 1937 (42 U.S.C. 1437 et seq.), may be used by
21 any public housing agency for any amount of salary, in-
22 cluding bonuses, for the chief executive officer of which,
23 or any other official or employee of which, that exceeds
24 the annual rate of basic pay payable for a position at level
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1 IV of the Executive Schedule at any time during any pub-
2 lic housing agency fiscal year 2023.
3 SEC. 220. None of the funds made available by this
4 Act and provided to the Department of Housing and
5 Urban Development may be used to make a grant award
6 unless the Secretary notifies the House and Senate Com-
7 mittees on Appropriations not less than 3 full business
8 days before any project, State, locality, housing authority,
9 Tribe, nonprofit organization, or other entity selected to
10 receive a grant award is announced by the Department
11 or its offices: Provided, That such notification shall list
12 each grant award by State and congressional district.
13 SEC. 221. None of the funds made available in this
14 Act shall be used by the Federal Housing Administration,
15 the Government National Mortgage Association, or the
16 Department of Housing and Urban Development to in-
17 sure, securitize, or establish a Federal guarantee of any
18 mortgage or mortgage backed security that refinances or
19 otherwise replaces a mortgage that has been subject to
20 eminent domain condemnation or seizure, by a State, mu-
21 nicipality, or any other political subdivision of a State.
22 SEC. 222. None of the funds made available by this
23 Act may be used to terminate the status of a unit of gen-
24 eral local government as a metropolitan city (as defined
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25 in section 102 of the Housing and Community Develop-
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1 ment Act of 1974 (42 U.S.C. 5302)) with respect to
2 grants under section 106 of such Act (42 U.S.C. 5306).
3 SEC. 223. Amounts made available by this Act that
4 are appropriated, allocated, advanced on a reimbursable
5 basis, or transferred to the Office of Policy Development
6 and Research of the Department of Housing and Urban
7 Development and functions thereof, for research, evalua-
8 tion, or statistical purposes, and that are unexpended at
9 the time of completion of a contract, grant, or cooperative
10 agreement, may be deobligated and shall immediately be-
11 come available and may be reobligated in that fiscal year
12 or the subsequent fiscal year for the research, evaluation,
13 or statistical purposes for which the amounts are made
14 available to that Office subject to reprogramming require-
15 ments in section 405 of this Act.
16 SEC. 224. None of the funds provided in this Act or
17 any other Act may be used for awards, including perform-
18 ance, special act, or spot, for any employee of the Depart-
19 ment of Housing and Urban Development subject to ad-
20 ministrative discipline (including suspension from work),
21 in this fiscal year, but this prohibition shall not be effec-
22 tive prior to the effective date of any such administrative
23 discipline or after any final decision over-turning such dis-
24 cipline.
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1 SEC. 225. With respect to grant amounts awarded
2 under the heading ‘‘Homeless Assistance Grants’’ for fis-
3 cal years 2015 through 2023 for the Continuum of Care
4 (CoC) program as authorized under subtitle C of title IV
5 of the McKinney-Vento Homeless Assistance Act, costs
6 paid by program income of grant recipients may count to-
7 ward meeting the recipient’s matching requirements, pro-
8 vided the costs are eligible CoC costs that supplement the
9 recipient’s CoC program.
10 SEC. 226. (a) From amounts made available under
11 this title under the heading ‘‘Homeless Assistance
12 Grants’’, the Secretary may award 1-year transition
13 grants to recipients of funds for activities under subtitle
14 C of the McKinney-Vento Homeless Assistance Act (42
15 U.S.C. 11381 et seq.) to transition from one Continuum
16 of Care program component to another.
17 (b) In order to be eligible to receive a transition
18 grant, the funding recipient must have the consent of the
19 continuum of care and meet standards determined by the
20 Secretary.
21 SEC. 227. The Promise Zone designations and Prom-
22 ise Zone Designation Agreements entered into pursuant
23 to such designations, made by the Secretary in prior fiscal
24 years, shall remain in effect in accordance with the terms
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25 and conditions of such agreements.
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1 SEC. 228. Any public housing agency designated as
2 a Moving to Work agency pursuant to section 239 of divi-
3 sion L of Public Law 114–113 (42 U.S.C. 1437f note;
4 129 Stat. 2897) may, upon such designation, use funds
5 (except for special purpose funding, including special pur-
6 pose vouchers) previously allocated to any such public
7 housing agency under section 8 or 9 of the United States
8 Housing Act of 1937, including any reserve funds held by
9 the public housing agency or funds held by the Depart-
10 ment of Housing and Urban Development, pursuant to the
11 authority for use of section 8 or 9 funding provided under
12 such section and section 204 of title II of the Departments
13 of Veterans Affairs and Housing and Urban Development
14 and Independent Agencies Appropriations Act, 1996
15 (Public Law 104–134; 110 Stat. 1321–28), notwith-
16 standing the purposes for which such funds were appro-
17 priated.
18 SEC. 229. None of the amounts made available by
19 this Act may be used to prohibit any public housing agen-
20 cy under receivership or the direction of a Federal monitor
21 from applying for, receiving, or using funds made available
22 under the heading ‘‘Public Housing Fund’’ for competitive
23 grants to evaluate and reduce lead-based paint hazards in
24 this Act or that remain available and not awarded from
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25 prior Acts, or be used to prohibit a public housing agency
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1 from using such funds to carry out any required work pur-
2 suant to a settlement agreement, consent decree, vol-
3 untary agreement, or similar document for a violation of
4 the Lead Safe Housing or Lead Disclosure Rules.
5 SEC. 230. None of the funds made available by this
6 title may be used to issue rules or guidance in contraven-
7 tion of section 1210 of Public Law 115–254 (132 Stat.
8 3442) or section 312 of the Robert T. Stafford Disaster
9 Relief and Emergency Assistance Act (42 U.S.C. 5155).
10 SEC. 231. (a) Funds previously made available in the
11 Consolidated Appropriations Act, 2016 (Public Law 114–
12 113) for the ‘‘Choice Neighborhoods Initiative’’ that were
13 available for obligation through fiscal year 2018 are to re-
14 main available through fiscal year 2024 for the liquidation
15 of valid obligations incurred in fiscal years 2016 through
16 2018.
17 (b) Funds previously made available in the Consoli-
18 dated Appropriations Act, 2017 (Public Law 115–31) for
19 the ‘‘Choice Neighborhoods Initiative’’ that were available
20 for obligation through fiscal year 2019 are to remain avail-
21 able through fiscal year 2025 for the liquidation of valid
22 obligations incurred in fiscal years 2017 through 2019.
23 (c) Funds previously made available in the Consoli-
24 dated Appropriations Act, 2018 (Public Law 115–141) for
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25 the ‘‘Choice Neighborhoods Initiative’’ that were available
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1 for obligation through fiscal year 2020 are to remain avail-
2 able through fiscal year 2026 for the liquidation of valid
3 obligations incurred in fiscal years 2018 through 2020.
4 (d) Funds previously made available in the Consoli-
5 dated Appropriations Act, 2019 (Public Law 116–6) for
6 the ‘‘Choice Neighborhoods Initiative’’ that were available
7 for obligation through fiscal year 2021 are to remain avail-
8 able through fiscal year 2027 for the liquidation of valid
9 obligations incurred in fiscal years 2019 through 2021.
10 (e) Funds previously made available in the Further
11 Consolidated Appropriations Act, 2020 (Public Law 116–
12 94) for the ‘‘Choice Neighborhoods Initiative’’ that were
13 available for obligation through fiscal year 2022 are to re-
14 main available through fiscal year 2028 for the liquidation
15 of valid obligations incurred in fiscal years 2020 through
16 2022.
17 (f) Funds previously made available in the Consoli-
18 dated Appropriations Act, 2021 (Public Law 116–260) for
19 the ‘‘Choice Neighborhoods Initiative’’ that were available
20 for obligation through fiscal year 2023 are to remain avail-
21 able through fiscal year 2029 for the liquidation of valid
22 obligations incurred in fiscal years 2021 through 2023.
23 SEC. 232. For fiscal year 2023, if the Secretary de-
24 termines or has determined, for any prior formula grant
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25 allocation administered by the Secretary under a program
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1 under the headings ‘‘Public and Indian Housing’’, ‘‘Com-
2 munity Planning and Development’’, or ‘‘Housing Pro-
3 grams’’ in this title, that a recipient received an allocation
4 greater than the amount such recipient should have re-
5 ceived for a formula allocation cycle pursuant to applicable
6 statutes and regulations, the Secretary may adjust for any
7 such funding error in the next applicable formula alloca-
8 tion cycle by (a) offsetting each such recipient’s formula
9 allocation (if eligible for a formula allocation in the next
10 applicable formula allocation cycle) by the amount of any
11 such funding error; and (b) reallocating any available bal-
12 ances that are attributable to the offset to the recipient
13 or recipients that would have been allocated additional
14 funds in the formula allocation cycle in which any such
15 error occurred (if such recipient or recipients are eligible
16 for a formula allocation in the next applicable formula al-
17 location cycle) in an amount proportionate to such recipi-
18 ent’s eligibility under the next applicable formula alloca-
19 tion cycle formula: Provided, That all offsets and realloca-
20 tions from such available balances shall be recorded
21 against funds available for the next applicable formula al-
22 location cycle: Provided further, That the term ‘‘next appli-
23 cable formula allocation cycle’’ means the first formula al-
24 location cycle for a program that is reasonably available
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25 for correction following such a Secretarial determination:
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1 Provided further, That if, upon request by a recipient and
2 giving consideration to all Federal resources available to
3 the recipient for the same grant purposes, the Secretary
4 determines that the offset in a next applicable formula al-
5 location cycle would critically impair the recipient’s ability
6 to accomplish the purpose of the formula grant, the Sec-
7 retary may adjust for the funding error across two or more
8 formula allocation cycles.
9 SEC. 233. (a) Amounts made available in paragraphs
10 (1) and (2) under the heading ‘‘Native American Pro-
11 grams’’ in title XII of division B of the Coronavirus Aid,
12 Relief, and Economic Security Act (Public Law 116–136)
13 which were allocated or awarded to Indian tribes or trib-
14 ally designated housing entities, and which are not accept-
15 ed as of the date of enactment of this Act, are voluntarily
16 returned, or otherwise recaptured for any reason, may be
17 used by the Secretary to make additional grants for the
18 same purpose and under the same terms and conditions
19 as amounts appropriated by section 11003(a)(2) of the
20 American Rescue Plan Act of 2021 (Public Law 117–2).
21 (b) Amounts repurposed by this section that were
22 previously designated by the Congress as an emergency
23 requirement pursuant to the Balanced Budget and Emer-
24 gency Deficit Control Act of 1985 or a concurrent resolu-
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25 tion on the budget are designated as an emergency re-
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1 quirement pursuant to section 4001(a)(1) of S. Con. Res.
2 14 (117th Congress), the concurrent resolution on the
3 budget for fiscal year 2022, and section 1(e) of H. Res.
4 1151 (117th Congress) as engrossed in the House of Rep-
5 resentatives on June 8, 2022.
6 SEC. 234. The Multifamily Assisted Housing Reform
7 and Affordability Act of 1997 (42 U.S.C. 1437f note) is
8 amended—
9 (a) in section 515, by adding at the end the following
10 new subsection:
11 ‘‘(d) RENT ADJUSTMENTS AND SUBSEQUENT RE-
12 NEWALS.—After the initial renewal of a section 8 contract
13 pursuant to this section and notwithstanding any other
14 provision of law or contract regarding the adjustment of
15 rents or subsequent renewal of such contract for a project,
16 including such a provision in section 514 or this section,
17 in the case of a project subject to any restrictions imposed
18 pursuant to sections 514 or this section, the Secretary
19 may, not more than once every 10 years, adjust such rents
20 or renew such contracts at rent levels that are equal to
21 the lesser of budget-based rents or comparable market
22 rents for the market area upon the request of an owner
23 or purchaser who—
24 ‘‘(1) demonstrates that—
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1 ‘‘(A) project income is insufficient to oper-
2 ate and maintain the project, and no rehabilita-
3 tion is currently needed, as determined by the
4 Secretary; or
5 ‘‘(B) the rent adjustment or renewal con-
6 tract is necessary to support commercially rea-
7 sonable financing (including any required debt
8 service coverage and replacement reserve) for
9 rehabilitation necessary to ensure the long-term
10 sustainability of the project, as determined by
11 the Secretary, and in the event the owner or
12 purchaser fails to implement the rehabilitation
13 as required by the Secretary, the Secretary may
14 take such action against the owner or purchaser
15 as allowed by law; and
16 ‘‘(2) agrees to—
17 ‘‘(A) extend the affordability and use re-
18 strictions required under 514(e)(6) for an addi-
19 tional twenty years; and
20 ‘‘(B) enter into a binding commitment to
21 continue to renew such contract for and during
22 such extended term, provided that after the af-
23 fordability and use restrictions required under
24 514(e)(6) have been maintained for a term of
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25 30 years:
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1 ‘‘(i) an owner with a contract for
2 which rent levels were set at the time of its
3 initial renewal under section 514(g)(2)
4 shall request that the Secretary renew such
5 contract under section 524 for and during
6 such extended term; and
7 ‘‘(ii) an owner with a contract for
8 which rent levels were set at the time of its
9 initial renewal under section 514(g)(1)
10 may request that the Secretary renew such
11 contract under section 524.’’;
12 (b) in section 524, by adding at the end the following
13 new subsection:
14 ‘‘(h) RENT ADJUSTMENTS TO ADDRESS DISTRESS.—
15 In the case of a section 8 contract that will be eligible
16 for renewal under this section when it expires or termi-
17 nates, notwithstanding any provision of contract or law
18 regarding the adjustment of rents, including such a provi-
19 sion in this section, the Secretary may adjust such rents,
20 subject to the availability of funds for such rent adjust-
21 ments, to rent levels that are equal to the lesser of budget-
22 based rents or comparable market rents for the market
23 area at the request of an owner or purchaser who dem-
24 onstrates that such rent adjustment is needed to address
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25 project health and safety deficiencies and that—
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1 ‘‘(1) project income is insufficient to operate
2 and maintain the project, and no rehabilitation is
3 currently needed, as determined by the Secretary; or
4 ‘‘(2) the rent adjustment is necessary to sup-
5 port commercially reasonable financing (including
6 any required debt service coverage and replacement
7 reserve) for rehabilitation necessary to ensure the
8 long-term sustainability of the project, as deter-
9 mined by the Secretary, and in the event the owner
10 or purchaser fails to implement the rehabilitation as
11 required by the Secretary, the Secretary may take
12 such action against the owner or purchaser as al-
13 lowed by law.’’; and
14 (c) in section 579, by striking ‘‘October 1, 2022’’
15 each place it appears and inserting in lieu thereof ‘‘Octo-
16 ber 1, 2027’’.
17 SEC. 235.
18 Of the amounts made available under the heading
19 ‘‘Project-Based Rental Assistance’’ in prior Acts, up to
20 $1,300,000 may be transferred to Treasury Account 86–
21 X–0148 for the liquidation of obligations incurred in fiscal
22 year 2018 in connection with the continued provision of
23 interest reduction payments authorized under section 236
24 of the National Housing Act (12 U.S.C. 1715z–1).
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1 SEC. 236. (a) Funds previously made available in
2 chapter 9 of title X of the Disaster Relief Appropriations
3 Act, 2013 (Public Law 113–2, division A; 127 Stat. 36)
4 under the heading ‘‘Department of Housing and Urban
5 Development—Community Planning and Development—
6 Community Development Fund’’ that were available for
7 obligation through fiscal year 2017 are to remain available
8 until expended for the liquidation of valid obligations in-
9 curred in fiscal years 2013 through 2017.
10 (b) Notwithstanding any other provision of law, in the
11 case of any grantee of funds referred to in subsection (a)
12 of this section that provides assistance that duplicates
13 benefits available to a person for the same purpose from
14 another source, the grantee itself shall—
15 (1) be subject to remedies for noncompliance; or
16 (2) bear responsibility for absorbing such cost
17 of duplicative benefits and returning an amount
18 equal to any duplicative benefits paid to the grant-
19 ee’s funds available for use under such heading, un-
20 less the Secretary, upon the request of a grantee
21 issues a public determination by publication in the
22 Federal Register that it is not in the best interest
23 of the Federal Government to pursue such remedies.
24 (c) Notwithstanding any other provision of law, any
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25 grantee of funds referred to in subsection (a) of this sec-
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1 tion may request a waiver from the Secretary of Housing
2 and Urban Development of any recoupment by the Sec-
3 retary of such funds for amounts owed by persons who
4 have received such assistance from such funds and who
5 have been defrauded, or after receiving assistance, have
6 filed for bankruptcy, gone through a foreclosure procedure
7 on property that received such assistance, or are deceased.
8 If the grantee self-certifies to the Secretary in such re-
9 quest that it has verified that the individual conditions of
10 each person it is requesting a waiver for meets one of the
11 conditions specified in the preceding sentence, the Sec-
12 retary may grant such waivers on the basis of grantee self-
13 certification, issue a public determination by publication
14 in the Federal Register that it is not in the best interest
15 of the Federal Government to pursue such recoupment,
16 and may conduct oversight to verify grantee self-certifi-
17 cation and subject the grantee to remedies for noncompli-
18 ance for any amounts that have not met such require-
19 ments.
20 (d) Amounts repurposed pursuant to this section that
21 were previously designated by the Congress as an emer-
22 gency requirement pursuant to the Balanced Budget and
23 Emergency Deficit Control Act of 1985 or a concurrent
24 resolution on the budget are designated as an emergency
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25 requirement pursuant to section 4001(a)(1) of S. Con.
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1 Res. 14 (117th Congress), the concurrent resolution on
2 the budget for fiscal year 2022, and section 1(e) of H.
3 Res. 1151 (117th Congress) as engrossed in the House
4 of Representatives on June 8, 2022.
5 SEC. 237. None of the funds made available to the
6 Department of Housing and Urban Development by this
7 or any other Act may be used to implement, administer,
8 enforce, or in any way make effective the proposed rule
9 entitled ‘‘Housing and Community Development Act of
10 1980: Verification of Eligible Status’’, issued by the De-
11 partment of Housing and Urban Development on May 10,
12 2019 (Docket No. FR–6124–P–01), or any final rule
13 based substantially on such proposed rule.
14 This title may be cited as the ‘‘Department of Hous-
15 ing and Urban Development Appropriations Act, 2023’’.
16 TITLE III
17 RELATED AGENCIES
18 ACCESS BOARD
19 SALARIES AND EXPENSES
20 For expenses necessary for the Access Board, as au-
21 thorized by section 502 of the Rehabilitation Act of 1973
22 (29 U.S.C. 792), $9,850,000: Provided, That, notwith-
23 standing any other provision of law, there may be credited
24 to this appropriation funds received for publications and
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25 training expenses.
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1 FEDERAL MARITIME COMMISSION
2 SALARIES AND EXPENSES
3 For necessary expenses of the Federal Maritime
4 Commission as authorized by section 201(d) of the Mer-
5 chant Marine Act, 1936, as amended (46 U.S.C. 46107),
6 including services as authorized by section 3109 of title
7 5, United States Code; hire of passenger motor vehicles
8 as authorized by section 1343(b) of title 31, United States
9 Code; and uniforms or allowances therefore, as authorized
10 by sections 5901 and 5902 of title 5, United States Code,
11 $38,260,000, of which $2,000,000 shall remain available
12 until September 30, 2024: Provided, That not to exceed
13 $3,500 shall be for official reception and representation
14 expenses.
15 NATIONAL RAILROAD PASSENGER CORPORATION
16 OFFICE OF INSPECTOR GENERAL
17 SALARIES AND EXPENSES
18 For necessary expenses of the Office of Inspector
19 General for the National Railroad Passenger Corporation
20 to carry out the provisions of the Inspector General Act
21 of 1978 (5 U.S.C. App. 3), $27,935,000: Provided, That
22 the Inspector General shall have all necessary authority,
23 in carrying out the duties specified in such Act, to inves-
24 tigate allegations of fraud, including false statements to
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25 the Government under section 1001 of title 18, United
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1 States Code, by any person or entity that is subject to
2 regulation by the National Railroad Passenger Corpora-
3 tion: Provided further, That the Inspector General may
4 enter into contracts and other arrangements for audits,
5 studies, analyses, and other services with public agencies
6 and with private persons, subject to the applicable laws
7 and regulations that govern the obtaining of such services
8 within the National Railroad Passenger Corporation: Pro-
9 vided further, That the Inspector General may select, ap-
10 point, and employ such officers and employees as may be
11 necessary for carrying out the functions, powers, and du-
12 ties of the Office of Inspector General, subject to the appli-
13 cable laws and regulations that govern such selections, ap-
14 pointments, and employment within the National Railroad
15 Passenger Corporation: Provided further, That concurrent
16 with the President’s budget request for fiscal year 2024,
17 the Inspector General shall submit to the House and Sen-
18 ate Committees on Appropriations a budget request for
19 fiscal year 2024 in similar format and substance to budget
20 requests submitted by executive agencies of the Federal
21 Government.
22 NATIONAL TRANSPORTATION SAFETY BOARD
23 SALARIES AND EXPENSES
24 For necessary expenses of the National Transpor-
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25 tation Safety Board, including hire of passenger motor ve-
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1 hicles and aircraft; services as authorized by section 3109
2 of title 5, United States Code, but at rates for individuals
3 not to exceed the per diem rate equivalent to the rate for
4 a GS–15; uniforms, or allowances therefor, as authorized
5 by sections 5901 and 5902 of title 5, United States Code,
6 $129,300,000, of which not to exceed $2,000 may be used
7 for official reception and representation expenses: Pro-
8 vided, That the amounts made available to the National
9 Transportation Safety Board in this Act include amounts
10 necessary to make lease payments on an obligation in-
11 curred in fiscal year 2001 for a capital lease.
12 NEIGHBORHOOD REINVESTMENT CORPORATION
13 PAYMENT TO THE NEIGHBORHOOD REINVESTMENT
14 CORPORATION
15 For payment to the Neighborhood Reinvestment Cor-
16 poration for use in neighborhood reinvestment activities,
17 as authorized by the Neighborhood Reinvestment Corpora-
18 tion Act (42 U.S.C. 8101–8107), $185,000,000.
19 SURFACE TRANSPORTATION BOARD
20 SALARIES AND EXPENSES
21 For necessary expenses of the Surface Transpor-
22 tation Board, including services authorized by section
23 3109 of title 5, United States Code, $42,029,000: Pro-
24 vided, That of the amounts made available under this
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25 heading, not less than $1,000,000 shall be for the nec-
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1 essary salaries and expenses to implement section 22309
2 of the Infrastructure Investment and Jobs Act (Public
3 Law 117–58), and for other activities as appropriate as
4 determined by the Surface Transportation Board: Pro-
5 vided further, That, notwithstanding any other provision
6 of law, not to exceed $1,250,000 from fees established by
7 the Surface Transportation Board shall be credited to this
8 appropriation as offsetting collections and used for nec-
9 essary and authorized expenses under this heading: Pro-
10 vided further, That the amounts made available under this
11 heading from the general fund shall be reduced on a dol-
12 lar-for-dollar basis as such offsetting collections are re-
13 ceived during fiscal year 2023, to result in a final appro-
14 priation from the general fund estimated at not more than
15 $40,779,000.
16 UNITED STATES INTERAGENCY COUNCIL ON
17 HOMELESSNESS
18 OPERATING EXPENSES
19 For necessary expenses, including payment of sala-
20 ries, authorized travel, hire of passenger motor vehicles,
21 the rental of conference rooms, and the employment of ex-
22 perts and consultants under section 3109 of title 5, United
23 States Code, of the United States Interagency Council on
24 Homelessness in carrying out the functions pursuant to
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25 title II of the McKinney-Vento Homeless Assistance Act,
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1 as amended, $4,580,000 (reduced by $5,000,000) (in-
2 creased by $5,000,000).
3 TITLE IV
4 GENERAL PROVISIONS—THIS ACT
5 SEC. 401. None of the funds in this Act shall be used
6 for the planning or execution of any program to pay the
7 expenses of, or otherwise compensate, non-Federal parties
8 intervening in regulatory or adjudicatory proceedings
9 funded in this Act.
10 SEC. 402. None of the funds appropriated in this Act
11 shall remain available for obligation beyond the current
12 fiscal year, nor may any be transferred to other appropria-
13 tions, unless expressly so provided herein.
14 SEC. 403. The expenditure of any appropriation
15 under this Act for any consulting service through a pro-
16 curement contract pursuant to section 3109 of title 5,
17 United States Code, shall be limited to those contracts
18 where such expenditures are a matter of public record and
19 available for public inspection, except where otherwise pro-
20 vided under existing law, or under existing Executive order
21 issued pursuant to existing law.
22 SEC. 404. (a) None of the funds made available in
23 this Act may be obligated or expended for any employee
24 training that—
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1 (1) does not meet identified needs for knowl-
2 edge, skills, and abilities bearing directly upon the
3 performance of official duties;
4 (2) contains elements likely to induce high lev-
5 els of emotional response or psychological stress in
6 some participants;
7 (3) does not require prior employee notification
8 of the content and methods to be used in the train-
9 ing and written end of course evaluation;
10 (4) contains any methods or content associated
11 with religious or quasi-religious belief systems or
12 ‘‘new age’’ belief systems as defined in Equal Em-
13 ployment Opportunity Commission Notice N–
14 915.022, dated September 2, 1988; or
15 (5) is offensive to, or designed to change, par-
16 ticipants’ personal values or lifestyle outside the
17 workplace.
18 (b) Nothing in this section shall prohibit, restrict, or
19 otherwise preclude an agency from conducting training
20 bearing directly upon the performance of official duties.
21 SEC. 405. Except as otherwise provided in this Act,
22 none of the funds provided in this Act, provided by pre-
23 vious appropriations Acts to the agencies or entities fund-
24 ed in this Act that remain available for obligation or ex-
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25 penditure in fiscal year 2023, or provided from any ac-
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1 counts in the Treasury derived by the collection of fees
2 and available to the agencies funded by this Act, shall be
3 available for obligation or expenditure through a re-
4 programming of funds that—
5 (1) creates a new program;
6 (2) eliminates a program, project, or activity;
7 (3) increases funds or personnel for any pro-
8 gram, project, or activity for which funds have been
9 denied or restricted by the Congress;
10 (4) proposes to use funds directed for a specific
11 activity by either the House or Senate Committees
12 on Appropriations for a different purpose;
13 (5) augments existing programs, projects, or ac-
14 tivities in excess of $5,000,000 or 10 percent, which-
15 ever is less;
16 (6) reduces existing programs, projects, or ac-
17 tivities by $5,000,000 or 10 percent, whichever is
18 less; or
19 (7) creates, reorganizes, or restructures a
20 branch, division, office, bureau, board, commission,
21 agency, administration, or department different from
22 the budget justifications submitted to the Commit-
23 tees on Appropriations or the table accompanying
24 the report accompanying this Act, whichever is more
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1 detailed, unless prior approval is received from the
2 House and Senate Committees on Appropriations:
3 Provided, That not later than 60 days after the date of
4 enactment of this Act, each agency funded by this Act
5 shall submit a report to the Committees on Appropriations
6 of the Senate and of the House of Representatives to es-
7 tablish the baseline for application of reprogramming and
8 transfer authorities for the current fiscal year: Provided
9 further, That the report shall include—
10 (A) a table for each appropriation with a
11 separate column to display the prior year en-
12 acted level, the President’s budget request, ad-
13 justments made by Congress, adjustments due
14 to enacted rescissions, if appropriate, and the
15 fiscal year enacted level;
16 (B) a delineation in the table for each ap-
17 propriation and its respective prior year enacted
18 level by object class and program, project, and
19 activity as detailed in this Act, the table accom-
20 panying the report accompanying this Act, ac-
21 companying reports of the House and Senate
22 Committee on Appropriations, or in the budget
23 appendix for the respective appropriations,
24 whichever is more detailed, and shall apply to
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25 all items for which a dollar amount is specified
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1 and to all programs for which new budget
2 (obligational) authority is provided, as well as
3 to discretionary grants and discretionary grant
4 allocations; and
5 (C) an identification of items of special
6 congressional interest.
7 SEC. 406. Except as otherwise specifically provided
8 by law, not to exceed 50 percent of unobligated balances
9 remaining available at the end of fiscal year 2023 from
10 appropriations made available for salaries and expenses
11 for fiscal year 2023 in this Act, shall remain available
12 through September 30, 2024, for each such account for
13 the purposes authorized: Provided, That a request shall
14 be submitted to the House and Senate Committees on Ap-
15 propriations for approval prior to the expenditure of such
16 funds: Provided further, That these requests shall be made
17 in compliance with reprogramming guidelines under sec-
18 tion 405 of this Act.
19 SEC. 407. No funds in this Act may be used to sup-
20 port any Federal, State, or local projects that seek to use
21 the power of eminent domain, unless eminent domain is
22 employed only for a public use: Provided, That for pur-
23 poses of this section, public use shall not be construed to
24 include economic development that primarily benefits pri-
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25 vate entities: Provided further, That any use of funds for
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1 mass transit, railroad, airport, seaport or highway
2 projects, as well as utility projects which benefit or serve
3 the general public (including energy-related, communica-
4 tion-related, water-related and wastewater-related infra-
5 structure), other structures designated for use by the gen-
6 eral public or which have other common-carrier or public-
7 utility functions that serve the general public and are sub-
8 ject to regulation and oversight by the government, and
9 projects for the removal of an immediate threat to public
10 health and safety or brownfields as defined in the Small
11 Business Liability Relief and Brownfields Revitalization
12 Act (Public Law 107–118) shall be considered a public
13 use for purposes of eminent domain.
14 SEC. 408. None of the funds made available in this
15 Act may be transferred to any department, agency, or in-
16 strumentality of the United States Government, except
17 pursuant to a transfer made by, or transfer authority pro-
18 vided in, this Act or any other appropriations Act.
19 SEC. 409. No funds appropriated pursuant to this
20 Act may be expended by an entity unless the entity agrees
21 that in expending the assistance the entity will comply
22 with sections 2 through 4 of the Act of March 3, 1933
23 (41 U.S.C. 8301–8305, popularly known as the ‘‘Buy
24 American Act’’).
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1 SEC. 410. No funds appropriated or otherwise made
2 available under this Act shall be made available to any
3 person or entity that has been convicted of violating the
4 Buy American Act (41 U.S.C. 8301–8305).
5 SEC. 411. None of the funds made available in this
6 Act may be used for first-class airline accommodations in
7 contravention of sections 301–10.122 and 301–10.123 of
8 title 41, Code of Federal Regulations.
9 SEC. 412. None of the funds made available in this
10 Act may be used to send or otherwise pay for the attend-
11 ance of more than 50 employees of a single agency or de-
12 partment of the United States Government, who are sta-
13 tioned in the United States, at any single international
14 conference unless the relevant Secretary reports to the
15 House and Senate Committees on Appropriations at least
16 5 days in advance that such attendance is important to
17 the national interest: Provided, That for purposes of this
18 section the term ‘‘international conference’’ shall mean a
19 conference occurring outside of the United States attended
20 by representatives of the United States Government and
21 of foreign governments, international organizations, or
22 nongovernmental organizations.
23 SEC. 413. None of the funds appropriated or other-
24 wise made available under this Act may be used by the
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25 Surface Transportation Board to charge or collect any fil-
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1 ing fee for rate or practice complaints filed with the Board
2 in an amount in excess of the amount authorized for dis-
3 trict court civil suit filing fees under section 1914 of title
4 28, United States Code.
5 SEC. 414. (a) None of the funds made available in
6 this Act may be used to maintain or establish a computer
7 network unless such network blocks the viewing,
8 downloading, and exchanging of pornography.
9 (b) Nothing in subsection (a) shall limit the use of
10 funds necessary for any Federal, State, tribal, or local law
11 enforcement agency or any other entity carrying out crimi-
12 nal investigations, prosecution, or adjudication activities.
13 SEC. 415. (a) None of the funds made available in
14 this Act may be used to deny an Inspector General funded
15 under this Act timely access to any records, documents,
16 or other materials available to the department or agency
17 over which that Inspector General has responsibilities
18 under the Inspector General Act of 1978 (5 U.S.C. App.),
19 or to prevent or impede that Inspector General’s access
20 to such records, documents, or other materials, under any
21 provision of law, except a provision of law that expressly
22 refers to the Inspector General and expressly limits the
23 Inspector General’s right of access.
24 (b) A department or agency covered by this section
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25 shall provide its Inspector General with access to all such
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1 records, documents, and other materials in a timely man-
2 ner.
3 (c) Each Inspector General shall ensure compliance
4 with statutory limitations on disclosure relevant to the in-
5 formation provided by the establishment over which that
6 Inspector General has responsibilities under the Inspector
7 General Act of 1978 (5 U.S.C. App.).
8 (d) Each Inspector General covered by this section
9 shall report to the Committees on Appropriations of the
10 House of Representatives and the Senate within 5 cal-
11 endar days any failures to comply with this requirement.
12 SEC. 416. None of the funds appropriated or other-
13 wise made available by this Act may be used to pay award
14 or incentive fees for contractors whose performance has
15 been judged to be below satisfactory, behind schedule, over
16 budget, or has failed to meet the basic requirements of
17 a contract, unless the Agency determines that any such
18 deviations are due to unforeseeable events, government-
19 driven scope changes, or are not significant within the
20 overall scope of the project and/or program unless such
21 awards or incentive fees are consistent with 16.401(e)(2)
22 of the Federal Acquisition Regulations.
23 SEC. 417. Within the amounts appropriated in this
24 Act, funding shall be allocated in the amounts specified
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25 for those projects and purposes delineated in the table ti-
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1 tled ‘‘Transportation, Housing and Urban Development
2 Incorporation of Community Project Funding Items’’ in-
3 cluded in the report accompanying this Act.
4 SEC. 418. No part of any appropriation contained in
5 this Act shall be available to pay the salary for any person
6 filling a position, other than a temporary position, for-
7 merly held by an employee who has left to enter the Armed
8 Forces of the United States and has satisfactorily com-
9 pleted his or her period of active military or naval service,
10 and has within 90 days after his or her release from such
11 service or from hospitalization continuing after discharge
12 for a period of not more than 1 year, made application
13 for restoration to his or her former position and has been
14 certified by the Office of Personnel Management as still
15 qualified to perform the duties of his or her former posi-
16 tion and has not been restored thereto.
17 SEC. 419. None of the funds made available by this
18 Act may be used to approve a new foreign air carrier per-
19 mit under sections 41301 through 41305 of title 49,
20 United States Code, or exemption application under sec-
21 tion 40109 of that title, where such approval would con-
22 travene section 40101(a)(5) and (15) of title 49, United
23 States Code.
24 SEC. 420. None of the funds made available by divi-
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1 may be used in contravention of section 306108 of title
2 54, United States Code.
3 This division may be cited as the ‘‘Transportation,
4 Housing and Urban Development, and Related Agencies
5 Appropriations Act, 2023’’.
6 DIVISION B—AGRICULTURE, RURAL DE-
7 VELOPMENT, FOOD AND DRUG ADMIN-
8 ISTRATION, AND RELATED AGENCIES
9 APPROPRIATIONS ACT, 2023
10 TITLE I
11 AGRICULTURAL PROGRAMS
12 PROCESSING, RESEARCH, AND MARKETING
13 OFFICE OF THE SECRETARY
14 (INCLUDING TRANSFERS OF FUNDS)
15 For necessary expenses of the Office of the Secretary,
16 $69,845,000 (reduced by $1,000,000) (increased by
17 $1,000,000), of which not to exceed $8,432,000 shall be
18 available for the immediate Office of the Secretary; not
19 to exceed $1,396,000 shall be available for the Office of
20 Homeland Security; not to exceed $5,190,000 shall be
21 available for the Office of Tribal Relations; not to exceed
22 $11,287,000 shall be available for the Office of Partner-
23 ships and Public Engagement, of which $1,500,000 shall
24 be for 7 U.S.C. 2279(c)(5); not to exceed $28,822,000
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25 shall be available for the Office of the Assistant Secretary
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1 for Administration, of which $27,116,000 shall be avail-
2 able for Departmental Administration to provide for nec-
3 essary expenses for management support services to of-
4 fices of the Department and for general administration,
5 security, repairs and alterations, and other miscellaneous
6 supplies and expenses not otherwise provided for and nec-
7 essary for the practical and efficient work of the Depart-
8 ment: Provided, That funds made available by this Act to
9 an agency in the Administration mission area for salaries
10 and expenses are available to fund up to one administra-
11 tive support staff for the Office; not to exceed $4,609,000
12 shall be available for the Office of Assistant Secretary for
13 Congressional Relations and Intergovernmental Affairs to
14 carry out the programs funded by this Act, including pro-
15 grams involving intergovernmental affairs and liaison
16 within the executive branch; and not to exceed
17 $10,109,000 shall be available for the Office of Commu-
18 nications: Provided further, That the Secretary of Agri-
19 culture is authorized to transfer funds appropriated for
20 any office of the Office of the Secretary to any other office
21 of the Office of the Secretary: Provided further, That no
22 appropriation for any office shall be increased or de-
23 creased by more than 5 percent: Provided further, That
24 not to exceed $22,000 of the amount made available under
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25 this paragraph for the immediate Office of the Secretary
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1 shall be available for official reception and representation
2 expenses, not otherwise provided for, as determined by the
3 Secretary: Provided further, That the amount made avail-
4 able under this heading for Departmental Administration
5 shall be reimbursed from applicable appropriations in this
6 Act for travel expenses incident to the holding of hearings
7 as required by 5 U.S.C. 551–558: Provided further, That
8 funds made available under this heading for the Office of
9 the Assistant Secretary for Congressional Relations and
10 Intergovernmental Affairs shall be transferred to agencies
11 of the Department of Agriculture funded by this Act to
12 maintain personnel at the agency level: Provided further,
13 That no funds made available under this heading for the
14 Office of Assistant Secretary for Congressional Relations
15 may be obligated after 30 days from the date of enactment
16 of this Act, unless the Secretary has notified the Commit-
17 tees on Appropriations of both Houses of Congress on the
18 allocation of these funds by USDA agency: Provided fur-
19 ther, That during any 30 day notification period ref-
20 erenced in section 716 of this Act, the Secretary of Agri-
21 culture shall take no action to begin implementation of
22 the action that is subject to section 716 of this Act or
23 make any public announcement of such action in any
24 form.
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1 EXECUTIVE OPERATIONS
2 OFFICE OF THE CHIEF ECONOMIST
3 For necessary expenses of the Office of the Chief
4 Economist, $30,181,000 (reduced by $10,000,000), of
5 which $8,000,000 shall be for grants or cooperative agree-
6 ments for policy research under 7 U.S.C. 3155: Provided,
7 That of the amounts made available under this heading,
8 $500,000 shall be available to carry out section 224 of
9 subtitle A of the Department of Agriculture Reorganiza-
10 tion Act of 1994 (7 U.S.C. 6924), as amended by section
11 12504 of Public Law 115–334.
12 OFFICE OF HEARINGS AND APPEALS
13 For necessary expenses of the Office of Hearings and
14 Appeals, $16,703,000 (reduced by $1,000,000) (reduced
15 by $2,000,000) (reduced by $3,000,000) (reduced by
16 $2,000,000).
17 OFFICE OF BUDGET AND PROGRAM ANALYSIS
18 For necessary expenses of the Office of Budget and
19 Program Analysis, $16,967,000 (reduced by $3,000,000).
20 OFFICE OF THE CHIEF INFORMATION OFFICER
21 For necessary expenses of the Office of the Chief In-
22 formation Officer, $93,284,000 (reduced by $3,000,000),
23 of which not less than $77,428,000 is for cybersecurity
24 requirements of the department.
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1 OFFICE OF THE CHIEF FINANCIAL OFFICER
2 For necessary expenses of the Office of the Chief Fi-
3 nancial Officer, $9,559,000.
4 OFFICE OF THE ASSISTANT SECRETARY FOR CIVIL
5 RIGHTS
6 For necessary expenses of the Office of the Assistant
7 Secretary for Civil Rights, $1,466,000: Provided, That
8 funds made available by this Act to an agency in the Civil
9 Rights mission area for salaries and expenses are available
10 to fund up to one administrative support staff for the Of-
11 fice.
12 OFFICE OF CIVIL RIGHTS
13 For necessary expenses of the Office of Civil Rights,
14 $37,595,000.
15 AGRICULTURE BUILDINGS AND FACILITIES
16 (INCLUDING TRANSFERS OF FUNDS)
17 For payment of space rental and related costs pursu-
18 ant to Public Law 92–313, including authorities pursuant
19 to the 1984 delegation of authority from the Adminis-
20 trator of General Services to the Department of Agri-
21 culture under 40 U.S.C. 121, for programs and activities
22 of the Department which are included in this Act, and for
23 alterations and other actions needed for the Department
24 and its agencies to consolidate unneeded space into con-
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25 figurations suitable for release to the Administrator of
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1 General Services, and for the operation, maintenance, im-
2 provement, and repair of Agriculture buildings and facili-
3 ties, and for related costs, $68,858,000 (reduced by
4 $700,000) (reduced by $418,000) (reduced by
5 $5,000,000) (reduced by $1,000,000), to remain available
6 until expended.
7 HAZARDOUS MATERIALS MANAGEMENT
8 (INCLUDING TRANSFERS OF FUNDS)
9 For necessary expenses of the Department of Agri-
10 culture, to comply with the Comprehensive Environmental
11 Response, Compensation, and Liability Act (42 U.S.C.
12 9601 et seq.) and the Solid Waste Disposal Act (42 U.S.C.
13 6901 et seq.), $8,581,000, to remain available until ex-
14 pended: Provided, That appropriations and funds available
15 herein to the Department for Hazardous Materials Man-
16 agement may be transferred to any agency of the Depart-
17 ment for its use in meeting all requirements pursuant to
18 the above Acts on Federal and non-Federal lands.
19 OFFICE OF SAFETY, SECURITY, AND PROTECTION
20 For necessary expenses of the Office of Safety, Secu-
21 rity, and Protection, $21,800,000.
22 OFFICE OF INSPECTOR GENERAL
23 For necessary expenses of the Office of Inspector
24 General, including employment pursuant to the Inspector
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25 General Act of 1978 (Public Law 95–452; 5 U.S.C. App.),
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1 $111,061,000, including such sums as may be necessary
2 for contracting and other arrangements with public agen-
3 cies and private persons pursuant to section 6(a)(9) of the
4 Inspector General Act of 1978 (Public Law 95–452; 5
5 U.S.C. App.), and including not to exceed $125,000 for
6 certain confidential operational expenses, including the
7 payment of informants, to be expended under the direction
8 of the Inspector General pursuant to the Inspector Gen-
9 eral Act of 1978 (Public Law 95–452; 5 U.S.C. App.) and
10 section 1337 of the Agriculture and Food Act of 1981
11 (Public Law 97–98).
12 OFFICE OF THE GENERAL COUNSEL
13 For necessary expenses of the Office of the General
14 Counsel, $62,137,000.
15 OFFICE OF ETHICS
16 For necessary expenses of the Office of Ethics,
17 $5,556,000.
18 OFFICE OF THE UNDER SECRETARY FOR RESEARCH,
19 EDUCATION, AND ECONOMICS
20 For necessary expenses of the Office of the Under
21 Secretary for Research, Education, and Economics,
22 $3,384,000: Provided, That funds made available by this
23 Act to an agency in the Research, Education, and Eco-
24 nomics mission area for salaries and expenses are avail-
pbinns on DSKJLVW7X2PROD with $$_JOB
25 able to fund up to one administrative support staff for
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1 the Office: Provided further, That of the amounts made
2 available under this heading, $2,000,000 shall be made
3 available for the Office of the Chief Scientist.
4 ECONOMIC RESEARCH SERVICE
5 For necessary expenses of the Economic Research
6 Service, $90,612,000.
7 NATIONAL AGRICULTURAL STATISTICS SERVICE
8 For necessary expenses of the National Agricultural
9 Statistics Service, $211,023,000, of which up to
10 $66,361,000 shall be available until expended for the Cen-
11 sus of Agriculture: Provided, That amounts made available
12 for the Census of Agriculture may be used to conduct Cur-
13 rent Industrial Report surveys subject to 7 U.S.C.
14 2204g(d) and (f).
15 AGRICULTURAL RESEARCH SERVICE
16 SALARIES AND EXPENSES
17 For necessary expenses of the Agricultural Research
18 Service and for acquisition of lands by donation, exchange,
19 or purchase at a nominal cost not to exceed $100, and
20 for land exchanges where the lands exchanged shall be of
21 equal value or shall be equalized by a payment of money
22 to the grantor which shall not exceed 25 percent of the
23 total value of the land or interests transferred out of Fed-
24 eral ownership, $1,737,629,000 (reduced by $1,500,000)
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25 (increased by $1,500,000): Provided, That appropriations
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1 hereunder shall be available for the operation and mainte-
2 nance of aircraft and the purchase of not to exceed one
3 for replacement only: Provided further, That appropria-
4 tions hereunder shall be available pursuant to 7 U.S.C.
5 2250 for the construction, alteration, and repair of build-
6 ings and improvements, but unless otherwise provided, the
7 cost of constructing any one building shall not exceed
8 $500,000, except for headhouses or greenhouses which
9 shall each be limited to $1,800,000, except for 10 build-
10 ings to be constructed or improved at a cost not to exceed
11 $1,100,000 each, and except for four buildings to be con-
12 structed at a cost not to exceed $5,000,000 each, and the
13 cost of altering any one building during the fiscal year
14 shall not exceed 10 percent of the current replacement
15 value of the building or $500,000, whichever is greater:
16 Provided further, That appropriations hereunder shall be
17 available for entering into lease agreements at any Agri-
18 cultural Research Service location for the construction of
19 a research facility by a non-Federal entity for use by the
20 Agricultural Research Service and a condition of the lease
21 shall be that any facility shall be owned, operated, and
22 maintained by the non-Federal entity and shall be re-
23 moved upon the expiration or termination of the lease
24 agreement: Provided further, That the limitations on alter-
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25 ations contained in this Act shall not apply to moderniza-
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1 tion or replacement of existing facilities at Beltsville,
2 Maryland: Provided further, That appropriations here-
3 under shall be available for granting easements at the
4 Beltsville Agricultural Research Center: Provided further,
5 That the foregoing limitations shall not apply to replace-
6 ment of buildings needed to carry out the Act of April
7 24, 1948 (21 U.S.C. 113a): Provided further, That appro-
8 priations hereunder shall be available for granting ease-
9 ments at any Agricultural Research Service location for
10 the construction of a research facility by a non-Federal
11 entity for use by, and acceptable to, the Agricultural Re-
12 search Service and a condition of the easements shall be
13 that upon completion the facility shall be accepted by the
14 Secretary, subject to the availability of funds herein, if the
15 Secretary finds that acceptance of the facility is in the
16 interest of the United States: Provided further, That funds
17 may be received from any State, other political subdivi-
18 sion, organization, or individual for the purpose of estab-
19 lishing or operating any research facility or research
20 project of the Agricultural Research Service, as authorized
21 by law.
22 BUILDINGS AND FACILITIES
23 For the acquisition of land, construction, repair, im-
24 provement, extension, alteration, and purchase of fixed
pbinns on DSKJLVW7X2PROD with $$_JOB
25 equipment or facilities as necessary to carry out the agri-
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1 cultural research programs of the Department of Agri-
2 culture, where not otherwise provided, $57,305,000 to re-
3 main available until expended, of which $25,900,000 shall
4 be for the purposes, and in the amounts, specified for this
5 account in the table titled ‘‘Community Project Funding’’
6 in the report accompanying this Act.
7 NATIONAL INSTITUTE OF FOOD AND AGRICULTURE
8 RESEARCH AND EDUCATION ACTIVITIES
9 For payments to agricultural experiment stations, for
10 cooperative forestry and other research, for facilities, and
11 for other expenses, $1,142,021,000 (increased by
12 $2,000,000) (reduced by $10,000,000) (increased by
13 $10,000,000), which shall be for the purposes, and in the
14 amounts, specified in the table titled ‘‘National Institute
15 of Food and Agriculture, Research and Education Activi-
16 ties’’ in the report accompanying this Act: Provided, That
17 funds for research grants for 1994 institutions, education
18 grants for 1890 institutions, Hispanic serving institutions
19 education grants, capacity building for non-land-grant col-
20 leges of agriculture, the agriculture and food research ini-
21 tiative, veterinary medicine loan repayment, multicultural
22 scholars, graduate fellowship and institution challenge
23 grants, grants management systems, tribal colleges edu-
24 cation equity grants, and scholarships at 1890 institutions
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25 shall remain available until expended: Provided further,
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1 That each institution eligible to receive funds under the
2 Evans-Allen program receives no less than $1,000,000:
3 Provided further, That funds for education grants for
4 Alaska Native and Native Hawaiian-serving institutions
5 be made available to individual eligible institutions or con-
6 sortia of eligible institutions with funds awarded equally
7 to each of the States of Alaska and Hawaii: Provided fur-
8 ther, That funds for providing grants for food and agricul-
9 tural sciences for Alaska Native and Native Hawaiian-
10 Serving institutions and for Insular Areas shall remain
11 available until September 30, 2024: Provided further, That
12 funds for education grants for 1890 institutions shall be
13 made available to institutions eligible to receive funds
14 under 7 U.S.C. 3221 and 3222: Provided further, That
15 not more than 5 percent of the amounts made available
16 by this or any other Act to carry out the Agriculture and
17 Food Research Initiative under 7 U.S.C. 3157 may be re-
18 tained by the Secretary of Agriculture to pay administra-
19 tive costs incurred by the Secretary in carrying out that
20 authority.
21 NATIVE AMERICAN INSTITUTIONS ENDOWMENT FUND
22 For the Native American Institutions Endowment
23 Fund authorized by Public Law 103–382 (7 U.S.C. 301
24 note), $11,880,000, to remain available until expended.
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1 EXTENSION ACTIVITIES
2 For payments to States, the District of Columbia,
3 Puerto Rico, Guam, the Virgin Islands, Micronesia, the
4 Northern Marianas, and American Samoa, $586,502,000,
5 which shall be for the purposes, and in the amounts, speci-
6 fied in the table titled ‘‘National Institute of Food and
7 Agriculture, Extension Activities’’ in the report accom-
8 panying this Act: Provided, That funds for extension serv-
9 ices at 1994 institutions and for facility improvements at
10 1890 institutions shall remain available until expended:
11 Provided further, That institutions eligible to receive funds
12 under 7 U.S.C. 3221 for cooperative extension receive no
13 less than $1,000,000: Provided further, That funds for co-
14 operative extension under sections 3(b) and (c) of the
15 Smith-Lever Act (7 U.S.C. 343(b) and (c)) and section
16 208(c) of Public Law 93–471 shall be available for retire-
17 ment and employees’ compensation costs for extension
18 agents.
19 INTEGRATED ACTIVITIES
20 For the integrated research, education, and extension
21 grants programs, including necessary administrative ex-
22 penses, $39,500,000, which shall be for the purposes, and
23 in the amounts, specified in the table titled ‘‘National In-
24 stitute of Food and Agriculture, Integrated Activities’’ in
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25 the report accompanying this Act: Provided, That funds
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1 for the Food and Agriculture Defense Initiative shall re-
2 main available until September 30, 2024: Provided further,
3 That notwithstanding any other provision of law, indirect
4 costs shall not be charged against any Extension Imple-
5 mentation Program Area grant awarded under the Crop
6 Protection/Pest Management Program (7 U.S.C. 7626).
7 OFFICE OF THE UNDER SECRETARY FOR MARKETING
8 AND REGULATORY PROGRAMS
9 For necessary expenses of the Office of the Under
10 Secretary for Marketing and Regulatory Programs,
11 $1,617,000: Provided, That funds made available by this
12 Act to an agency in the Marketing and Regulatory Pro-
13 grams mission area for salaries and expenses are available
14 to fund up to one administrative support staff for the Of-
15 fice.
16 ANIMAL AND PLANT HEALTH INSPECTION SERVICE
17 SALARIES AND EXPENSES
18 (INCLUDING TRANSFERS OF FUNDS)
19 For necessary expenses of the Animal and Plant
20 Health Inspection Service, including up to $30,000 for
21 representation allowances and for expenses pursuant to
22 the Foreign Service Act of 1980 (22 U.S.C. 4085),
23 $1,164,209,000, of which $530,000, to remain available
24 until expended, shall be available for the control of out-
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25 breaks of insects, plant diseases, animal diseases and for
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1 control of pest animals and birds (‘‘contingency fund’’) to
2 the extent necessary to meet emergency conditions; of
3 which $15,950,000, to remain available until expended,
4 shall be used for the cotton pests program, including for
5 cost share purposes or for debt retirement for active eradi-
6 cation zones; of which $39,183,000, to remain available
7 until expended, shall be for Animal Health Technical Serv-
8 ices; of which $4,096,000 shall be for activities under the
9 authority of the Horse Protection Act of 1970, as amend-
10 ed (15 U.S.C. 1831); of which $64,930,000, to remain
11 available until expended, shall be used to support avian
12 health; of which $4,251,000, to remain available until ex-
13 pended, shall be for information technology infrastructure;
14 of which $219,698,000, to remain available until ex-
15 pended, shall be for specialty crop pests; of which,
16 $14,986,000, to remain available until expended, shall be
17 for field crop and rangeland ecosystem pests; of which
18 $24,067,000, to remain available until expended, shall be
19 for zoonotic disease management; of which $44,117,000,
20 to remain available until expended, shall be for emergency
21 preparedness and response; of which $62,562,000, to re-
22 main available until expended, shall be for tree and wood
23 pests; of which $6,528,000, to remain available until ex-
24 pended, shall be for the National Veterinary Stockpile; of
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25 which up to $1,500,000, to remain available until ex-
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1 pended, shall be for the scrapie program for indemnities;
2 of which $2,500,000, to remain available until expended,
3 shall be for the wildlife damage management program for
4 aviation safety: Provided, That of amounts available under
5 this heading for wildlife services methods development,
6 $1,000,000 shall remain available until expended: Pro-
7 vided further, That of amounts available under this head-
8 ing for the screwworm program, $4,990,000 shall remain
9 available until expended; of which $24,527,000, to remain
10 available until expended, shall be used to carry out the
11 science program and transition activities for the National
12 Bio and Agro-defense Facility located in Manhattan, Kan-
13 sas: Provided further, That no funds shall be used to for-
14 mulate or administer a brucellosis eradication program for
15 the current fiscal year that does not require minimum
16 matching by the States of at least 40 percent: Provided
17 further, That this appropriation shall be available for the
18 purchase, replacement, operation, and maintenance of air-
19 craft: Provided further, That in addition, in emergencies
20 which threaten any segment of the agricultural production
21 industry of the United States, the Secretary may transfer
22 from other appropriations or funds available to the agen-
23 cies or corporations of the Department such sums as may
24 be deemed necessary, to be available only in such emer-
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25 gencies for the arrest and eradication of contagious or in-
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1 fectious disease or pests of animals, poultry, or plants, and
2 for expenses in accordance with sections 10411 and 10417
3 of the Animal Health Protection Act (7 U.S.C. 8310 and
4 8316) and sections 431 and 442 of the Plant Protection
5 Act (7 U.S.C. 7751 and 7772), and any unexpended bal-
6 ances of funds transferred for such emergency purposes
7 in the preceding fiscal year shall be merged with such
8 transferred amounts: Provided further, That appropria-
9 tions hereunder shall be available pursuant to law (7
10 U.S.C. 2250) for the repair and alteration of leased build-
11 ings and improvements, but unless otherwise provided the
12 cost of altering any one building during the fiscal year
13 shall not exceed 10 percent of the current replacement
14 value of the building.
15 In fiscal year 2023, the agency is authorized to collect
16 fees to cover the total costs of providing technical assist-
17 ance, goods, or services requested by States, other political
18 subdivisions, domestic and international organizations,
19 foreign governments, or individuals, provided that such
20 fees are structured such that any entity’s liability for such
21 fees is reasonably based on the technical assistance, goods,
22 or services provided to the entity by the agency, and such
23 fees shall be reimbursed to this account, to remain avail-
24 able until expended, without further appropriation, for
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25 providing such assistance, goods, or services.
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1 BUILDINGS AND FACILITIES
2 For plans, construction, repair, preventive mainte-
3 nance, environmental support, improvement, extension, al-
4 teration, and purchase of fixed equipment or facilities, as
5 authorized by 7 U.S.C. 2250, and acquisition of land as
6 authorized by 7 U.S.C. 2268a, $3,175,000, to remain
7 available until expended.
8 AGRICULTURAL MARKETING SERVICE
9 MARKETING SERVICES
10 For necessary expenses of the Agricultural Marketing
11 Service, $242,913,000 (increased by $1,000,000), of
12 which $7,504,000 shall be available for the purposes of
13 section 12306 of Public Law 113–79: Provided, That of
14 the amounts made available under this heading,
15 $25,000,000, to remain available until expended, shall be
16 to carry out section 12513 of Public Law 115–334: Pro-
17 vided further, That this appropriation shall be available
18 pursuant to law (7 U.S.C. 2250) for the alteration and
19 repair of buildings and improvements, but the cost of al-
20 tering any one building during the fiscal year shall not
21 exceed 10 percent of the current replacement value of the
22 building.
23 Fees may be collected for the cost of standardization
24 activities, as established by regulation pursuant to law (31
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25 U.S.C. 9701), except for the cost of activities relating to
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1 the development or maintenance of grain standards under
2 the United States Grain Standards Act, 7 U.S.C. 71 et
3 seq.
4 LIMITATION ON ADMINISTRATIVE EXPENSES
5 Not to exceed $62,596,000 (from fees collected) shall
6 be obligated during the current fiscal year for administra-
7 tive expenses: Provided, That if crop size is understated
8 and/or other uncontrollable events occur, the agency may
9 exceed this limitation by up to 10 percent with notification
10 to the Committees on Appropriations of both Houses of
11 Congress.
12 FUNDS FOR STRENGTHENING MARKETS, INCOME, AND
13 SUPPLY (SECTION 32)
14 (INCLUDING TRANSFERS OF FUNDS)
15 Funds available under section 32 of the Act of Au-
16 gust 24, 1935 (7 U.S.C. 612c), shall be used only for com-
17 modity program expenses as authorized therein, and other
18 related operating expenses, except for: (1) transfers to the
19 Department of Commerce as authorized by the Fish and
20 Wildlife Act of 1956 (16 U.S.C. 742a et seq.); (2) trans-
21 fers otherwise provided in this Act; and (3) not more than
22 $21,501,000 for formulation and administration of mar-
23 keting agreements and orders pursuant to the Agricultural
24 Marketing Agreement Act of 1937 and the Agricultural
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25 Act of 1961 (Public Law 87–128).
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1 PAYMENTS TO STATES AND POSSESSIONS
2 For payments to departments of agriculture, bureaus
3 and departments of markets, and similar agencies for
4 marketing activities under section 204(b) of the Agricul-
5 tural Marketing Act of 1946 (7 U.S.C. 1623(b)),
6 $1,235,000.
7 LIMITATION ON INSPECTION AND WEIGHING SERVICES
8 EXPENSES
9 Not to exceed $55,000,000 (from fees collected) shall
10 be obligated during the current fiscal year for inspection
11 and weighing services: Provided, That if grain export ac-
12 tivities require additional supervision and oversight, or
13 other uncontrollable factors occur, this limitation may be
14 exceeded by up to 10 percent with notification to the Com-
15 mittees on Appropriations of both Houses of Congress.
16 OFFICE OF THE UNDER SECRETARY FOR FOOD SAFETY
17 For necessary expenses of the Office of the Under
18 Secretary for Food Safety, $1,117,000: Provided, That
19 funds made available by this Act to an agency in the Food
20 Safety mission area for salaries and expenses are available
21 to fund up to one administrative support staff for the Of-
22 fice.
23 FOOD SAFETY AND INSPECTION SERVICE
24 For necessary expenses to carry out services author-
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25 ized by the Federal Meat Inspection Act, the Poultry
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1 Products Inspection Act, and the Egg Products Inspection
2 Act, including not to exceed $10,000 for representation
3 allowances and for expenses pursuant to section 8 of the
4 Act approved August 3, 1956 (7 U.S.C. 1766),
5 $1,180,364,000; and in addition, $1,000,000 may be cred-
6 ited to this account from fees collected for the cost of lab-
7 oratory accreditation as authorized by section 1327 of the
8 Food, Agriculture, Conservation and Trade Act of 1990
9 (7 U.S.C. 138f): Provided, That funds provided for the
10 Public Health Data Communication Infrastructure system
11 shall remain available until expended: Provided further,
12 That no fewer than 148 full-time equivalent positions shall
13 be employed during fiscal year 2023 for purposes dedi-
14 cated solely to inspections and enforcement related to the
15 Humane Methods of Slaughter Act (7 U.S.C. 1901 et
16 seq.): Provided further, That this appropriation shall be
17 available pursuant to law (7 U.S.C. 2250) for the alter-
18 ation and repair of buildings and improvements, but the
19 cost of altering any one building during the fiscal year
20 shall not exceed 10 percent of the current replacement
21 value of the building.
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1 TITLE II
2 FARM PRODUCTION AND CONSERVATION
3 PROGRAMS
4 OFFICE OF THE UNDER SECRETARY FOR FARM
5 PRODUCTION AND CONSERVATION
6 For necessary expenses of the Office of the Under
7 Secretary for Farm Production and Conservation,
8 $1,727,000: Provided, That funds made available by this
9 Act to an agency in the Farm Production and Conserva-
10 tion mission area for salaries and expenses are available
11 to fund up to one administrative support staff for the Of-
12 fice.
13 FARM PRODUCTION AND CONSERVATION BUSINESS
14 CENTER
15 SALARIES AND EXPENSES
16 (INCLUDING TRANSFERS OF FUNDS)
17 For necessary expenses of the Farm Production and
18 Conservation Business Center, $257,684,000: Provided,
19 That $60,228,000 of amounts appropriated for the cur-
20 rent fiscal year pursuant to section 1241(a) of the Farm
21 Security and Rural Investment Act of 1985 (16 U.S.C.
22 3841(a)) shall be transferred to and merged with this ac-
23 count.
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1 FARM SERVICE AGENCY
2 SALARIES AND EXPENSES
3 (INCLUDING TRANSFERS OF FUNDS)
4 For necessary expenses of the Farm Service Agency,
5 $1,229,396,000: Provided, That not more than 50 percent
6 of the funding made available under this heading for infor-
7 mation technology related to farm program delivery may
8 be obligated until the Secretary submits to the Committees
9 on Appropriations of both Houses of Congress, and re-
10 ceives written or electronic notification of receipt from
11 such Committees of, a plan for expenditure that (1) identi-
12 fies for each project/investment over $25,000 (a) the func-
13 tional and performance capabilities to be delivered and the
14 mission benefits to be realized, (b) the estimated lifecycle
15 cost for the entirety of the project/investment, including
16 estimates for development as well as maintenance and op-
17 erations, and (c) key milestones to be met; (2) dem-
18 onstrates that each project/investment is, (a) consistent
19 with the Farm Service Agency Information Technology
20 Roadmap, (b) being managed in accordance with applica-
21 ble lifecycle management policies and guidance, and (c)
22 subject to the applicable Department’s capital planning
23 and investment control requirements; and (3) has been re-
24 viewed by the Government Accountability Office and ap-
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25 proved by the Committees on Appropriations of both
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1 Houses of Congress: Provided further, That the agency
2 shall submit a report by the end of the fourth quarter of
3 fiscal year 2023 to the Committees on Appropriations of
4 both Houses of Congress and the Government Account-
5 ability Office, that identifies for each project/investment
6 that is operational (a) current performance against key
7 indicators of customer satisfaction, (b) current perform-
8 ance of service level agreements or other technical metrics,
9 (c) current performance against a pre-established cost
10 baseline, (d) a detailed breakdown of current and planned
11 spending on operational enhancements or upgrades, and
12 (e) an assessment of whether the investment continues to
13 meet business needs as intended as well as alternatives
14 to the investment: Provided further, That the Secretary
15 is authorized to use the services, facilities, and authorities
16 (but not the funds) of the Commodity Credit Corporation
17 to make program payments for all programs administered
18 by the Agency: Provided further, That other funds made
19 available to the Agency for authorized activities may be
20 advanced to and merged with this account: Provided fur-
21 ther, That of the amount appropriated under this heading,
22 $696,594,000 shall be made available to county commit-
23 tees, to remain available until expended: Provided further,
24 That, notwithstanding the preceding proviso, any funds
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25 made available to county committees in the current fiscal
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1 year that the Administrator of the Farm Service Agency
2 deems to exceed or not meet the amount needed for the
3 county committees may be transferred to or from the
4 Farm Service Agency for necessary expenses: Provided
5 further, That none of the funds available to the Farm
6 Service Agency shall be used to close Farm Service Agency
7 county offices: Provided further, That none of the funds
8 available to the Farm Service Agency shall be used to per-
9 manently relocate county based employees that would re-
10 sult in an office with two or fewer employees without prior
11 notification and approval of the Committees on Appropria-
12 tions of both Houses of Congress.
13 STATE MEDIATION GRANTS
14 For grants pursuant to section 502(b) of the Agricul-
15 tural Credit Act of 1987, as amended (7 U.S.C. 5101–
16 5106), $7,000,000.
17 GRASSROOTS SOURCE WATER PROTECTION PROGRAM
18 For necessary expenses to carry out wellhead or
19 groundwater protection activities under section 1240O of
20 the Food Security Act of 1985 (16 U.S.C. 3839bb–2),
21 $6,500,000, to remain available until expended.
22 DAIRY INDEMNITY PROGRAM
23 (INCLUDING TRANSFER OF FUNDS)
24 For necessary expenses involved in making indemnity
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25 payments to dairy farmers and manufacturers of dairy
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1 products under a dairy indemnity program, such sums as
2 may be necessary, to remain available until expended: Pro-
3 vided, That such program is carried out by the Secretary
4 in the same manner as the dairy indemnity program de-
5 scribed in the Agriculture, Rural Development, Food and
6 Drug Administration, and Related Agencies Appropria-
7 tions Act, 2001 (Public Law 106–387, 114 Stat. 1549A–
8 12).
9 GEOGRAPHICALLY DISADVANTAGED FARMERS AND
10 RANCHERS
11 For necessary expenses to carry out direct reimburse-
12 ment payments to geographically disadvantaged farmers
13 and ranchers under section 1621 of the Food Conserva-
14 tion, and Energy Act of 2008 (7 U.S.C. 8792),
15 $3,000,000, to remain available until expended.
16 AGRICULTURAL CREDIT INSURANCE FUND PROGRAM
17 ACCOUNT
18 (INCLUDING TRANSFERS OF FUNDS)
19 For gross obligations for the principal amount of di-
20 rect and guaranteed farm ownership (7 U.S.C. 1922 et
21 seq.) and operating (7 U.S.C. 1941 et seq.) loans, emer-
22 gency loans (7 U.S.C. 1961 et seq.), Indian tribe land ac-
23 quisition loans (25 U.S.C. 5136), boll weevil loans (7
24 U.S.C. 1989), guaranteed conservation loans (7 U.S.C.
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25 1924 et seq.), relending program (7 U.S.C. 1936c), and
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1 Indian highly fractionated land loans (25 U.S.C. 5136)
2 to be available from funds in the Agricultural Credit In-
3 surance Fund, as follows: $3,500,000,000 for guaranteed
4 farm ownership loans and $3,100,000,000 for farm owner-
5 ship direct loans; $2,118,491,000 for unsubsidized guar-
6 anteed operating loans and $1,633,333,000 for direct op-
7 erating loans; emergency loans, $4,062,000; Indian tribe
8 land acquisition loans, $20,000,000; guaranteed conserva-
9 tion loans, $150,000,000; relending program,
10 $61,426,000; Indian highly fractionated land loans,
11 $5,000,000; and for boll weevil eradication program loans,
12 $60,000,000: Provided, That the Secretary shall deem the
13 pink bollworm to be a boll weevil for the purpose of boll
14 weevil eradication program loans.
15 For the cost of direct and guaranteed loans and
16 grants, including the cost of modifying loans as defined
17 in section 502 of the Congressional Budget Act of 1974,
18 as follows: $249,000 for emergency loans, to remain avail-
19 able until expended; and $23,520,000 for direct farm op-
20 erating loans, $11,228,000 for unsubsidized guaranteed
21 farm operating loans, $10,983,000 for the relending pro-
22 gram, and $894,000 for Indian highly fractionated land
23 loans.
24 In addition, for administrative expenses necessary to
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25 carry out the direct and guaranteed loan programs,
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1 $326,461,000: Provided, That of this amount,
2 $305,803,000 shall be transferred to and merged with the
3 appropriation for ‘‘Farm Service Agency, Salaries and Ex-
4 penses’’.
5 Funds appropriated by this Act to the Agricultural
6 Credit Insurance Program Account for farm ownership,
7 operating and conservation direct loans and guaranteed
8 loans may be transferred among these programs: Pro-
9 vided, That the Committees on Appropriations of both
10 Houses of Congress are notified at least 15 days in ad-
11 vance of any transfer.
12 RISK MANAGEMENT AGENCY
13 SALARIES AND EXPENSES
14 For necessary expenses of the Risk Management
15 Agency, $75,443,000; of which $4,500,000 shall be avail-
16 able to conduct research and development and carry out
17 contracting and partnerships as described under sub-
18 sections 522(c) and (d) of the Federal Crop Insurance
19 Act, as amended (7 U.S.C. 1522(c) and (d)), in addition
20 to amounts otherwise provided for such purposes: Pro-
21 vided, That $1,000,000 of the amount appropriated under
22 this heading in this Act shall be available for compliance
23 and integrity activities required under section
24 516(b)(2)(C) of the Federal Crop Insurance Act of 1938
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25 (7 U.S.C. 1516(b)(2)(C)), and shall be in addition to
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1 amounts otherwise provided for such purpose: Provided
2 further, That not to exceed $1,000 shall be available for
3 official reception and representation expenses, as author-
4 ized by 7 U.S.C. 1506(i).
5 NATURAL RESOURCES CONSERVATION SERVICE
6 CONSERVATION OPERATIONS
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