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
This bill provides FY2023 appropriations for several federal departments and agencies.
It includes 6 of the 12 regular FY2023 appropriations bills:
The departments, agencies, and activities funded in the bill include
The bill also specifies restrictions and requirements for using funds provided by this and other appropriations acts.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8294 Reported in House (RH)]
<DOC>
Union Calendar No. 310
117th CONGRESS
2d Session
H. R. 8294
[Report No. 117-402]
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.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 5, 2022
Mr. Price of North Carolina, from the Committee on Appropriations,
reported the following bill; which was committed to the Committee of
the Whole House on the State of the Union and ordered to be printed
_______________________________________________________________________
A BILL
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the following sums
are appropriated, out of any money in the Treasury not otherwise
appropriated, 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, namely:
TITLE I
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
salaries and expenses
For necessary expenses of the Office of the Secretary,
$176,000,000: Provided, That of the sums appropriated under this
heading--
(1) $3,569,000 shall be available for the immediate Office
of the Secretary;
(2) $1,277,000 shall be available for the immediate Office
of the Deputy Secretary;
(3) $27,089,000 shall be available for the Office of the
General Counsel;
(4) $17,400,000 shall be available for the Office of the
Under Secretary of Transportation for Policy;
(5) $21,026,000 shall be available for the Office of the
Assistant Secretary for Budget and Programs;
(6) $3,968,000 shall be available for the Office of the
Assistant Secretary for Governmental Affairs;
(7) $42,402,000 shall be available for the Office of the
Assistant Secretary for Administration;
(8) $5,727,000 shall be available for the Office of Public
Affairs and Public Engagement;
(9) $2,312,000 shall be available for the Office of the
Executive Secretariat;
(10) $18,533,000 shall be available for the Office of
Intelligence, Security, and Emergency Response;
(11) $29,195,000 shall be available for the Office of the
Chief Information Officer; and
(12) $1,500,000 shall be available for the Office of Tribal
Government Affairs; and
(13) $2,000,000 shall be available for the Office of
Multimodal Freight Infrastructure and Policy:
Provided further, That the Secretary of Transportation (referred to
in this title as the ``Secretary'') is authorized to transfer funds
appropriated for any office of the Office of the Secretary to any other
office of the Office of the Secretary: Provided further, That no
appropriation for any office shall be increased or decreased by more
than 7 percent by all such transfers: Provided further, That any
change in funding greater than 7 percent shall be subject to the
requirements of section 405 of this Act: Provided further, That not to
exceed $70,000 shall be for allocation within the Department for
official reception and representation expenses as the Secretary may
determine: Provided further, That notwithstanding any other provision
of law, there may be credited to this appropriation up to $2,500,000 in
funds received in user fees.
research and technology
For necessary expenses related to the Office of the Assistant
Secretary for Research and Technology, $66,963,000, of which
$52,780,000 shall remain available until expended: Provided, That
there may be credited to this appropriation, to be available until
expended, funds received from States, counties, municipalities, other
public authorities, and private sources for expenses incurred for
training: Provided further, That any reference in law, regulation,
judicial proceedings, or elsewhere to the Research and Innovative
Technology Administration shall continue to be deemed to be a reference
to the Office of the Assistant Secretary for Research and Technology of
the Department of Transportation.
national infrastructure investments
(including transfer of funds)
For necessary expenses to carry out section 6702 of title 49,
United States Code, $775,000,000, to remain available until expended:
Provided, That section 6702(f)(2) of title 49, United States Code,
shall not apply to amounts made available under this heading in this
Act: Provided further, That of amounts made available under this
heading in this Act, not less than $30,000,000 shall be awarded to
projects in historically disadvantaged communities or areas of
persistent poverty as such term is defined under section 6702(a)(1) of
title 49, United States Code: Provided further, That section 6702(g)
of title 49, United States Code, shall not apply to amounts made
available under this heading in this Act: Provided further, That of
the amounts made available under this heading in this Act not less than
5 percent shall be made available for the planning, preparation, or
design of eligible projects and shall prioritize transit, transit
oriented development, multimodal, intercity passenger rail, and
pedestrian projects: Provided further, That grants awarded under this
heading in this Act for eligible projects for planning, preparation, or
design shall not be subject to a minimum grant size: Provided further,
That in distributing amounts made available under this heading in this
Act, the Secretary shall take such measures so as to ensure an
equitable geographic distribution of funds, an appropriate balance in
addressing the needs of urban and rural areas, including Tribal areas,
and the investment in a variety of transportation modes: Provided
further, That section 6702(c)(2)(C) of title 49, United States Code,
shall not apply to amounts made available under this heading in this
Act: Provided further, That a grant award under this heading in this
Act shall be not greater than $50,000,000: Provided further, That
section 6702(c)(3) of title 49, United States Code, shall not apply to
amounts made available under this heading in this Act: Provided
further, That not more than 15 percent of the amounts made available
under this heading in this Act may be awarded to projects in a single
state: Provided further, That for amounts made available under this
heading in this Act, the Secretary shall give priority to projects that
require a contribution of Federal funds in order to complete an overall
financing package: Provided further, That section 6702(f)(1) of title
49, United States Code, shall not apply to amounts made available under
this heading in this Act: Provided further, That of the amounts
awarded under this heading in this Act, not more than 50 percent shall
be allocated for eligible projects located in rural areas and not more
than 50 percent shall be allocated for eligible projects located in
urbanized areas: Provided further, That for the purpose of determining
if an award for planning, preparation, or design under this heading in
this Act is an urban award, the project location is the location of the
project being planned, prepared, or designed: Provided further, That
the Secretary shall apply to projects under this heading the Federal
requirements that the Secretary determines are appropriate based on the
purpose of the National Infrastructure Investments program, the
requirements expressly stated under this heading, the requirements
expressly stated in chapter 67 of title 49, United States Code, and the
Federal requirements applicable to comparable projects supported by
other Department of Transportation financial assistance programs,
including domestic preference requirements, contracting opportunities
for small and disadvantaged businesses, and labor practices: Provided
further, That the Secretary may retain up to 2 percent of the amounts
made available under this heading in this Act, and may transfer
portions of such amounts to the Administrators of the Federal Aviation
Administration, the Federal Highway Administration, the Federal Transit
Administration, the Federal Railroad Administration and the Maritime
Administration to fund the award and oversight of grants and credit
assistance made under the program authorized under section 6702 of
title 49, United States Code: Provided further, That for amounts made
available under this heading in this Act, the Secretary shall consider
and award projects based solely on the selection criteria as identified
under paragraphs (3) and (4) of section 6702(d) of title 49, United
States Code.
thriving communities initiative
(including transfer of funds)
For necessary expenses for a thriving communities program,
$100,000,000, to remain available until September 30, 2025: Provided,
That the Secretary of Transportation shall make such amounts available
for technical assistance and cooperative agreements to develop and
implement technical assistance, planning, and capacity building to
improve and foster thriving communities through transportation
improvements: Provided further, That the Secretary may enter into
cooperative agreements with philanthropic entities, non-profit
organizations, other Federal agencies, state or local governments and
their agencies, Indian Tribes, or other technical assistance providers,
to provide such technical assistance, planning, and capacity building
to state, local, or Tribal governments, United States territories,
metropolitan planning organizations, transit agencies, or other
political subdivisions of state or local governments: Provided
further, That to be eligible for a cooperative agreement under this
heading, a recipient shall provide assistance to entities described in
the preceding proviso on engaging in public planning processes with
residents, local businesses, non-profit organizations, and to the
extent practicable, philanthropic organizations, educational
institutions, or other community stakeholders: Provided further, That
such cooperative agreements shall facilitate the planning and
development of transportation and community revitalization activities
supported by the Department of Transportation under titles 23, 46, and
49, United States Code, that increase mobility, reduce pollution from
transportation sources, expand affordable transportation options,
facilitate efficient land use, preserve or expand jobs, improve housing
conditions, enhance connections to health care, education, and food
security, or improve health outcomes: Provided further, That the
Secretary may prioritize assistance provided with amounts made
available under this heading to communities that have disproportionate
rates of pollution and poor air quality, communities experiencing
disproportionate effects (as defined by Executive Order No. 12898),
areas of persistent poverty as defined in section 6702(a)(1) of title
49, United States Code, or historically disadvantaged communities:
Provided further, That the preceding proviso shall not prevent the
Secretary from providing assistance with amounts made available under
this heading to entities described in the second proviso under this
heading that request assistance through the thriving communities
program: Provided further, That planning and technical assistance made
available under this heading may include pre-application assistance for
capital projects eligible under titles 23, 46, and 49, United States
Code: Provided further, That the Secretary may retain amounts made
available under this heading for the necessary administrative expenses
of (1) developing and disseminating best practices, modeling, and cost-
benefit analysis methodologies to assist entities described in the
second proviso under this heading with applications for financial
assistance programs under titles 23, 46, and 49, United States Code,
and (2) award, administration, and oversight of cooperative agreements
to carry out the provisions under this heading: Provided further, That
such amounts and payments as may be necessary to carry out the thriving
communities program may be transferred to appropriate accounts of other
operating administrations within the Department of Transportation:
Provided further, That the Secretary shall notify the House and Senate
Committees on Appropriations not later than 3 business days prior to a
transfer carried out under the preceding proviso.
national surface transportation and innovative finance bureau
For necessary expenses of the National Surface Transportation and
Innovative Finance Bureau as authorized by 49 U.S.C. 116, $3,800,000,
to remain available until expended: Provided, That the Secretary may
collect and spend fees, as authorized by title 23, United States Code,
to cover the costs of services of expert firms, including counsel, in
the field of municipal and project finance to assist in the
underwriting and servicing of Federal credit instruments and all or a
portion of the costs to the Federal Government of servicing such credit
instruments: Provided further, That such fees are available until
expended to pay for such costs: Provided further, That such amounts
are in addition to other amounts made available for such purposes and
are not subject to any obligation limitation or the limitation on
administrative expenses under section 608 of title 23, United States
Code.
railroad rehabilitation and improvement financing program
The Secretary is authorized to issue direct loans and loan
guarantees pursuant to chapter 224 of title 49, United States Code, and
such authority shall exist so long as any such direct loan or loan
guarantee is outstanding.
financial management capital
For necessary expenses for upgrading and enhancing the Department
of Transportation's financial systems and re-engineering business
processes, $5,000,000, to remain available through September 30, 2024.
cyber security initiatives
For necessary expenses for cyber security initiatives, including
necessary upgrades to network and information technology
infrastructure, improvement of identity management and authentication
capabilities, securing and protecting data, implementation of Federal
cyber security initiatives, and implementation of enhanced security
controls on agency computers and mobile devices, $48,100,000, to remain
available until September 30, 2024.
office of civil rights
For necessary expenses of the Office of Civil Rights, $15,000,000.
transportation planning, research, and development
(including transfer of funds)
For necessary expenses for conducting transportation planning,
research, systems development, development activities, and making
grants, $19,648,000, to remain available until expended: Provided,
That of such amount, $7,136,000 shall be for necessary expenses of the
Interagency Infrastructure Permitting Improvement Center (IIPIC):
Provided further, That there may be transferred to this appropriation,
to remain available until expended, amounts transferred from other
Federal agencies for expenses incurred under this heading for IIPIC
activities not related to transportation infrastructure: Provided
further, That the tools and analysis developed by the IIPIC shall be
available to other Federal agencies for the permitting and review of
major infrastructure projects not related to transportation only to the
extent that other Federal agencies provide funding to the Department in
accordance with the preceding proviso.
working capital fund
(including transfer of funds)
For necessary expenses for operating costs and capital outlays of
the Working Capital Fund, not to exceed $505,285,000, shall be paid
from appropriations made available to the Department of Transportation:
Provided, That such services shall be provided on a competitive basis
to entities within the Department of Transportation: Provided further,
That the limitation in the preceding proviso on operating expenses
shall not apply to entities external to the Department of
Transportation or for funds provided in Public Law 117-58: Provided
further, That no funds made available by this Act to an agency of the
Department shall be transferred to the Working Capital Fund without
majority approval of the Working Capital Fund Steering Committee and
approval of the Secretary: Provided further, That no assessments may
be levied against any program, budget activity, subactivity, or project
funded by this Act unless notice of such assessments and the basis
therefor are presented to the House and Senate Committees on
Appropriations and are approved by such Committees.
small and disadvantaged business utilization and outreach
For necessary expenses for small and disadvantaged business
utilization and outreach activities, $7,094,000, to remain available
until September 30, 2024: Provided, That notwithstanding section 332
of title 49, United States Code, such amounts may be used for business
opportunities related to any mode of transportation: Provided further,
That appropriations made available under this heading shall be
available for any purpose consistent with prior year appropriations
that were made available under the heading ``Office of the Secretary--
Minority Business Resource Center Program''.
payments to air carriers
(airport and airway trust fund)
In addition to funds made available from any other source to carry
out the essential air service program under sections 41731 through
41742 of title 49, United States Code, $354,827,000, to be derived from
the Airport and Airway Trust Fund, to remain available until expended:
Provided, That in determining between or among carriers competing to
provide service to a community, the Secretary may consider the relative
subsidy requirements of the carriers: Provided further, That basic
essential air service minimum requirements shall not include the 15-
passenger capacity requirement under section 41732(b)(3) of title 49,
United States Code: Provided further, That amounts authorized to be
distributed for the essential air service program under section
41742(b) of title 49, United States Code, shall be made available
immediately from amounts otherwise provided to the Administrator of the
Federal Aviation Administration: Provided further, That the
Administrator may reimburse such amounts from fees credited to the
account established under section 45303 of title 49, United States
Code.
electric vehicle fleet
(including transfer of funds)
For necessary expenses for the Department's transition to the
General Services Administration's leased vehicle fleet, and for the
purchase of zero emission passenger motor vehicles and supporting
charging or fueling infrastructure, $11,000,000, to remain available
until September 30, 2025: Provided, That such amounts are in addition
to amounts otherwise available for such purposes: Provided further,
That amounts made available under this heading may be transferred to
other accounts of the Department of Transportation for the purposes
specified under this heading: Provided further, That the Secretary
shall notify the House and Senate Committees on Appropriations not
later than 3 business days prior to a transfer carried out under the
preceding proviso.
administrative provisions--office of the secretary of transportation
Sec. 101. None of the funds made available by this Act to the
Department of Transportation may be obligated for the Office of the
Secretary of Transportation to approve assessments or reimbursable
agreements pertaining to funds appropriated to the operating
administrations in this Act, except for activities underway on the date
of enactment of this Act, unless such assessments or agreements have
completed the normal reprogramming process for congressional
notification.
Sec. 102. The Secretary shall post on the web site of the
Department of Transportation a schedule of all meetings of the Council
on Credit and Finance, including the agenda for each meeting, and
require the Council on Credit and Finance to record the decisions and
actions of each meeting.
Sec. 103. In addition to authority provided by section 327 of
title 49, United States Code, the Department's Working Capital Fund is
authorized to provide partial or full payments in advance and accept
subsequent reimbursements from all Federal agencies from available
funds for transit benefit distribution services that are necessary to
carry out the Federal transit pass transportation fringe benefit
program under Executive Order No. 13150 and section 3049 of SAFETEA-LU
(5 U.S.C. 7905 note): Provided, That the Department shall maintain a
reasonable operating reserve in the Working Capital Fund, to be
expended in advance to provide uninterrupted transit benefits to
Government employees: Provided further, That such reserve shall not
exceed 1 month of benefits payable and may be used only for the purpose
of providing for the continuation of transit benefits: Provided
further, That the Working Capital Fund shall be fully reimbursed by
each customer agency from available funds for the actual cost of the
transit benefit.
Sec. 104. Receipts collected in the Department's Working Capital
Fund, as authorized by section 327 of title 49, United States Code, for
unused transit and van pool benefits, in an amount not to exceed 10
percent of fiscal year 2023 collections, shall be available until
expended in the Department's Working Capital Fund to provide
contractual services in support of section 189 of this Act: Provided,
That obligations in fiscal year 2023 of such collections shall not
exceed $1,000,000.
Sec. 105. None of the funds in this title may be obligated or
expended for retention or senior executive bonuses for an employee of
the Department of Transportation without the prior written approval of
the Assistant Secretary for Administration.
Sec. 106. In addition to authority provided by section 327 of
title 49, United States Code, the Department's Administrative Working
Capital Fund is hereby authorized to transfer information technology
equipment, software, and systems from Departmental sources or other
entities and collect and maintain a reserve at rates which will return
full cost of transferred assets.
Sec. 107. None of the funds provided in this Act to the Department
of Transportation may be used to provide credit assistance unless not
less than 3 days before any application approval to provide credit
assistance under sections 603 and 604 of title 23, United States Code,
the Secretary provides notification in writing to the following
committees: the House and Senate Committees on Appropriations; the
Committee on Environment and Public Works and the Committee on Banking,
Housing and Urban Affairs of the Senate; and the Committee on
Transportation and Infrastructure of the House of Representatives:
Provided, That such notification shall include, but not be limited to,
the name of the project sponsor; a description of the project; whether
credit assistance will be provided as a direct loan, loan guarantee, or
line of credit; and the amount of credit assistance.
Federal Aviation Administration
operations
(airport and airway trust fund)
For necessary expenses of the Federal Aviation Administration, not
otherwise provided for, including operations and research activities
related to commercial space transportation, administrative expenses for
research and development, establishment of air navigation facilities,
the operation (including leasing) and maintenance of aircraft,
subsidizing the cost of aeronautical charts and maps sold to the
public, the lease or purchase of passenger motor vehicles for
replacement only, $11,870,000,000, to remain available until September
30, 2024, of which $9,993,821,000 to be derived from the Airport and
Airway Trust Fund: Provided, That of the amounts made available under
this heading--
(1) not less than $1,645,018,000 shall be available for
aviation safety activities;
(2) $8,760,044,000 shall be available for air traffic
organization activities;
(3) $33,675,000 shall be available for commercial space
transportation activities;
(4) $915,049,000 shall be available for finance and
management activities;
(5) $65,581,000 shall be available for NextGen and
operations planning activities;
(6) $153,447,000 shall be available for security and
hazardous materials safety; and
(7) $297,186,000 shall be available for staff offices:
Provided further, That not to exceed 5 percent of any budget
activity, except for aviation safety budget activity, may be
transferred to any budget activity under this heading: Provided
further, That no transfer may increase or decrease any appropriation
under this heading by more than 5 percent: Provided further, That any
transfer in excess of 5 percent shall be treated as a reprogramming of
funds under section 405 of this Act and shall not be available for
obligation or expenditure except in compliance with the procedures set
forth in that section: Provided further, That not later than 60 days
after the submission of the budget request, the Administrator of the
Federal Aviation Administration shall transmit to Congress an annual
update to the report submitted to Congress in December 2004 pursuant to
section 221 of the Vision 100-Century of Aviation Reauthorization Act
(49 U.S.C. 40101 note): Provided further, That the amounts made
available under this heading shall be reduced by $100,000 for each day
after 60 days after the submission of the budget request that such
report has not been transmitted to Congress: Provided further, That
not later than 60 days after the submission of the budget request, the
Administrator shall transmit to Congress a companion report that
describes a comprehensive strategy for staffing, hiring, and training
flight standards and aircraft certification staff in a format similar
to the one utilized for the controller staffing plan, including stated
attrition estimates and numerical hiring goals by fiscal year:
Provided further, That the amounts made available under this heading
shall be reduced by $100,000 for each day after the date that is 60
days after the submission of the budget request that such report has
not been submitted to Congress: Provided further, That funds may be
used to enter into a grant agreement with a nonprofit standard-setting
organization to assist in the development of aviation safety standards:
Provided further, That none of the funds made available by this Act
shall be available for new applicants for the second career training
program: Provided further, That none of the funds made available by
this Act shall be available for the Federal Aviation Administration to
finalize or implement any regulation that would promulgate new aviation
user fees not specifically authorized by law after the date of the
enactment of this Act: Provided further, That there may be credited to
this appropriation, as offsetting collections, funds received from
States, counties, municipalities, foreign authorities, other public
authorities, and private sources for expenses incurred in the provision
of agency services, including receipts for the maintenance and
operation of air navigation facilities, and for issuance, renewal or
modification of certificates, including airman, aircraft, and repair
station certificates, or for tests related thereto, or for processing
major repair or alteration forms: Provided further, That of the
amounts made available under this heading, not less than $187,800,000
shall be used to fund direct operations of the current air traffic
control towers in the contract tower program, including the contract
tower cost share program, and any airport that is currently qualified
or that will qualify for the program during the fiscal year: Provided
further, That none of the funds made available by this Act for
aeronautical charting and cartography are available for activities
conducted by, or coordinated through, the Working Capital Fund:
Provided further, That none of the funds appropriated or otherwise made
available by this Act or any other Act may be used to eliminate the
Contract Weather Observers program at any airport.
facilities and equipment
(airport and airway trust fund)
For necessary expenses, not otherwise provided for, for
acquisition, establishment, technical support services, improvement by
contract or purchase, and hire of national airspace systems and
experimental facilities and equipment, as authorized under part A of
subtitle VII of title 49, United States Code, including initial
acquisition of necessary sites by lease or grant; engineering and
service testing, including construction of test facilities and
acquisition of necessary sites by lease or grant; construction and
furnishing of quarters and related accommodations for officers and
employees of the Federal Aviation Administration stationed at remote
localities where such accommodations are not available; and the
purchase, lease, or transfer of aircraft from funds made available
under this heading, including aircraft for aviation regulation and
certification; to be derived from the Airport and Airway Trust Fund,
$2,900,000,000, of which $570,000,000 is for personnel and related
expenses and shall remain available until September 30, 2024,
$1,803,600,000 is for equipment and shall remain available until
September 30, 2025, and $526,400,000 is for facilities and shall remain
available until September 30, 2027: Provided, That there may be
credited to this appropriation funds received from States, counties,
municipalities, other public authorities, and private sources, for
expenses incurred in the establishment, improvement, and modernization
of national airspace systems: Provided further, That not later than 60
days after submission of the budget request, the Secretary of
Transportation shall transmit to the Congress an investment plan for
the Federal Aviation Administration which includes funding for each
budget line item for fiscal years 2024 through 2028, with total funding
for each year of the plan constrained to the funding targets for those
years as estimated and approved by the Office of Management and Budget:
Provided further, That section 405 of this Act shall apply to amounts
made available under this heading in title VIII of the Infrastructure
Investments and Jobs Appropriations Act (division J of Public Law 117-
58): Provided further, That the amounts specified for each Budget Line
Item in the table included in the ``Facilities and Equipment Spend Plan
for Fiscal Year 2023 Infrastructure Investment and Jobs Act Funding''
section of the Federal Aviation Administration FY 2023 President's
Budget, as submitted to the House and Senate Committees on
Appropriations, shall be the baseline for application of reprogramming
and transfer authorities for the current fiscal year pursuant to
paragraph (7) of such section 405 for amounts referred to in the
preceding proviso: Provided further, That, notwithstanding paragraphs
(5) and (6) of such section 405, unless prior approval is received from
the House and Senate Committees on Appropriations, not to exceed 10
percent of any funding level specified for projects and activities in
the table referred to in the preceding proviso may be transferred to
any other funding level specified for projects and activities in such
table and no transfer of such funding levels may increase or decrease
any funding level in such table by more than 10 percent.
research, engineering, and development
(airport and airway trust fund)
For necessary expenses, not otherwise provided for, for research,
engineering, and development, as authorized under part A of subtitle
VII of title 49, United States Code, including construction of
experimental facilities and acquisition of necessary sites by lease or
grant, $260,500,000, to be derived from the Airport and Airway Trust
Fund and to remain available until September 30, 2025: Provided, That
there may be credited to this appropriation as offsetting collections,
funds received from States, counties, municipalities, other public
authorities, and private sources, which shall be available for expenses
incurred for research, engineering, and development: Provided further,
That amounts made available under this heading shall be used in
accordance with the report accompanying this Act: Provided further,
That not to exceed 10 percent of any funding level specified under this
heading in the report accompanying this Act may be transferred to any
other funding level specified under this heading in the report
accompanying this Act: Provided further, That no transfer may increase
or decrease any funding level by more than 10 percent: Provided
further, That any transfer in excess of 10 percent shall be treated as
a reprogramming of funds under section 405 of this Act and shall not be
available for obligation or expenditure except in compliance with the
procedures set forth in that section.
grants-in-aid for airports
(liquidation of contract authorization)
(limitation on obligations)
(airport and airway trust fund)
(including transfer of funds)
For liquidation of obligations incurred for grants-in-aid for
airport planning and development, and noise compatibility planning and
programs as authorized under subchapter I of chapter 471 and subchapter
I of chapter 475 of title 49, United States Code, and under other law
authorizing such obligations; for procurement, installation, and
commissioning of runway incursion prevention devices and systems at
airports of such title; for grants authorized under section 41743 of
title 49, United States Code; and for inspection activities and
administration of airport safety programs, including those related to
airport operating certificates under section 44706 of title 49, United
States Code, $3,350,000,000, to be derived from the Airport and Airway
Trust Fund and to remain available until expended: Provided, That none
of the amounts made available under this heading shall be available for
the planning or execution of programs the obligations for which are in
excess of $3,350,000,000, in fiscal year 2023, notwithstanding section
47117(g) of title 49, United States Code: Provided further, That none
of the amounts made available under this heading shall be available for
the replacement of baggage conveyor systems, reconfiguration of
terminal baggage areas, or other airport improvements that are
necessary to install bulk explosive detection systems: Provided
further, That notwithstanding section 47109(a) of title 49, United
States Code, the Government's share of allowable project costs under
paragraph (2) of such section for subgrants or paragraph (3) of such
section shall be 95 percent for a project at other than a large or
medium hub airport that is a successive phase of a multi-phased
construction project for which the project sponsor received a grant in
fiscal year 2011 for the construction project: Provided further, That
notwithstanding any other provision of law, of amounts limited under
this heading, not less than $137,372,000 shall be available for
administration, $15,000,000 shall be available for the Airport
Cooperative Research Program, $40,828,000 shall be available for
Airport Technology Research, and $10,000,000, to remain available until
expended, shall be available and transferred to ``Office of the
Secretary, Salaries and Expenses'' to carry out the Small Community Air
Service Development Program: Provided further, That in addition to
airports eligible under section 41743 of title 49, United States Code,
such program may include the participation of an airport that serves a
community or consortium that is not larger than a small hub airport,
according to FAA hub classifications effective at the time the Office
of the Secretary issues a request for proposals.
grants-in-aid for airports
For an additional amount for ``Grants-In-Aid for Airports'', to
enable the Secretary of Transportation to make grants for projects as
authorized by subchapter 1 of chapter 471 and subchapter 1 of chapter
475 of title 49, United States Code, $272,604,000, to remain available
through September 30, 2025: Provided, That amounts made available
under this heading shall be derived from the general fund, and such
funds shall not be subject to apportionment formulas, special
apportionment categories, or minimum percentages under chapter 471 of
title 49, United States Code: Provided further, That of the amounts
made available under this heading, $172,604,000 is for Community
Project Funding for the purposes, and in the amounts, specified for
this account in the table titled ``Transportation, Housing and Urban
Development Incorporation of Community Project Funding Items'' included
in the report accompanying this Act: Provided further, That any funds
made available under this heading in this Act that remain available
after the distribution of funds under the preceding proviso shall be
available to the Secretary to distribute as discretionary grants to
airports: Provided further, That the amounts made available under this
heading shall not be subject to any limitation on obligations for the
Grants-in-Aid for Airports program set forth in any Act: Provided
further, That the Administrator of the Federal Aviation Administration
may retain up to 0.5 percent of the amounts made available under this
heading to fund the award and oversight by the Administrator of grants
made under this heading.
administrative provisions--federal aviation administration
Sec. 110. None of the funds made available by this Act may be used
to compensate in excess of 600 technical staff-years under the
federally funded research and development center contract between the
Federal Aviation Administration and the Center for Advanced Aviation
Systems Development during fiscal year 2023.
Sec. 111. None of the funds made available by this Act shall be
used to pursue or adopt guidelines or regulations requiring airport
sponsors to provide to the Federal Aviation Administration without cost
building construction, maintenance, utilities and expenses, or space in
airport sponsor-owned buildings for services relating to air traffic
control, air navigation, or weather reporting: Provided, That the
prohibition on the use of funds in this section does not apply to
negotiations between the agency and airport sponsors to achieve
agreement on ``below-market'' rates for these items or to grant
assurances that require airport sponsors to provide land without cost
to the Federal Aviation Administration for air traffic control
facilities.
Sec. 112. The Administrator of the Federal Aviation Administration
may reimburse amounts made available to satisfy section 41742(a)(1) of
title 49, United States Code, from fees credited under section 45303 of
title 49, United States Code, and any amount remaining in such account
at the close of any fiscal year may be made available to satisfy
section 41742(a)(1) of title 49, United States Code, for the subsequent
fiscal year.
Sec. 113. Amounts collected under section 40113(e) of title 49,
United States Code, shall be credited to the appropriation current at
the time of collection, to be merged with and available for the same
purposes as such appropriation.
Sec. 114. None of the funds made available by this Act shall be
available for paying premium pay under section 5546(a) of title 5,
United States Code, to any Federal Aviation Administration employee
unless such employee actually performed work during the time
corresponding to such premium pay.
Sec. 115. None of the funds made available by this Act may be
obligated or expended for an employee of the Federal Aviation
Administration to purchase a store gift card or gift certificate
through use of a Government-issued credit card.
Sec. 116. Notwithstanding any other provision of law, none of the
funds made available under this Act or any prior Act may be used to
implement or to continue to implement any limitation on the ability of
any owner or operator of a private aircraft to obtain, upon a request
to the Administrator of the Federal Aviation Administration, a blocking
of that owner's or operator's aircraft registration number, Mode S
transponder code, flight identification, call sign, or similar
identifying information from any ground based display to the public
that would allow the real-time or near real-time flight tracking of
that aircraft's movements, except data made available to a Government
agency, for the noncommercial flights of that owner or operator.
Sec. 117. None of the funds made available by this Act shall be
available for salaries and expenses of more than nine political and
Presidential appointees in the Federal Aviation Administration.
Sec. 118. None of the funds made available by this Act may be used
to increase fees pursuant to section 44721 of title 49, United States
Code, until the Federal Aviation Administration provides to the House
and Senate Committees on Appropriations a report that justifies all
fees related to aeronautical navigation products and explains how such
fees are consistent with Executive Order No. 13642.
Sec. 119. None of the funds made available by this Act may be used
to close a regional operations center of the Federal Aviation
Administration or reduce its services unless the Administrator notifies
the House and Senate Committees on Appropriations not less than 90 full
business days in advance.
Sec. 119A. None of the funds made available by or limited by this
Act may be used to change weight restrictions or prior permission rules
at Teterboro airport in Teterboro, New Jersey.
Sec. 119B. None of the funds made available by this Act may be
used by the Administrator of the Federal Aviation Administration to
withhold from consideration and approval any new application for
participation in the Contract Tower Program, or for reevaluation of
Cost-share Program participants so long as the Federal Aviation
Administration has received an application from the airport, and so
long as the Administrator determines such tower is eligible using the
factors set forth in Federal Aviation Administration published
establishment criteria.
Sec. 119C. None of the funds made available by this Act may be
used to open, close, redesignate as a lesser office, or reorganize a
regional office, the aeronautical center, or the technical center
unless the Administrator submits a request for the reprogramming of
funds under section 405 of this Act.
Sec. 119D. The Federal Aviation Administration Administrative
Services Franchise Fund may be reimbursed after performance or paid in
advance from funds available to the Federal Aviation Administration and
other Federal agencies for which the Fund performs services.
Sec. 119E. None of the funds appropriated or otherwise made
available to the FAA may be used to carry out the FAA's obligations
under section 44502(e) of title 49, United States Code, unless the
eligible air traffic system or equipment to be transferred to the FAA
under section 44502(e) of title 49, United States Code, was purchased
by the transferor airport--
(1) during the period of time beginning on October 5, 2018
and ending on December 31, 2021; or
(2) on or after January 1, 2022 for transferor airports
located in a non-contiguous states.
Sec. 119F. Of the funds provided under the heading ``Grants-in-aid
for Airports'', up to $3,500,000 shall be for necessary expenses,
including an independent verification regime, to provide reimbursement
to airport sponsors that do not provide gateway operations and
providers of general aviation ground support services, or other
aviation tenants, located at those airports closed during a temporary
flight restriction (TFR) for any residence of the President that is
designated or identified to be secured by the United States Secret
Service, and for direct and incremental financial losses incurred while
such airports are closed solely due to the actions of the Federal
Government: Provided, That no funds shall be obligated or distributed
to airport sponsors that do not provide gateway operations and
providers of general aviation ground support services until an
independent audit is completed: Provided further, That losses incurred
as a result of violations of law, or through fault or negligence, of
such operators and service providers or of third parties (including
airports) are not eligible for reimbursements: Provided further, That
obligation and expenditure of funds are conditional upon full release
of the United States Government for all claims for financial losses
resulting from such actions.
Federal Highway Administration
limitation on administrative expenses
(highway trust fund)
(including transfer of funds)
Not to exceed $476,783,991 together with advances and
reimbursements received by the Federal Highway Administration, shall be
obligated for necessary expenses for administration and operation of
the Federal Highway Administration or transferred to the Appalachian
Regional Commission for administrative activities associated with the
Appalachian Development Highway System.
federal-aid highways
(limitation on obligations)
(highway trust fund)
Funds available for the implementation or execution of authorized
Federal-aid highway and highway safety construction programs shall not
exceed total obligations of $58,764,510,674 for fiscal year 2023:
Provided, That the limitation on obligations under this heading shall
only apply to contract authority authorized from the Highway Trust Fund
(other than the Mass Transit Account), unless otherwise specified in
law.
(liquidation of contract authorization)
(highway trust fund)
For the payment of obligations incurred in carrying out authorized
Federal-aid highway and highway safety construction programs,
$59,503,510,674 derived from the Highway Trust Fund (other than the
Mass Transit Account), to remain available until expended.
highway infrastructure programs
(including transfer of funds)
There is hereby appropriated to the Secretary $1,755,060,641:
Provided, That the funds made available under this heading shall be
derived from the general fund, shall be in addition to any funds
provided for fiscal year 2023 in this or any other Act for: (1)
``Federal-aid Highways'' under chapter 1 of title 23, United States
Code; or (2) the Appalachian Development Highway System as authorized
under section 1069(y) of Public Law 102-240, and shall not affect the
distribution or amount of funds provided in any other Act: Provided
further, That section 11101(e) of Public Law 117-58 shall apply to
amounts made available under this heading: Provided further, That
unless otherwise specified, amounts made available under this heading
shall be available until September 30, 2026, and shall not be subject
to any limitation on obligations for Federal-aid highways or highway
safety construction programs set forth in any Act making annual
appropriations: Provided further, That of the funds made available
under this heading, the Federal Highway Administration may retain an
amount of $3,000,000, to remain available until expended, to fund the
oversight of projects carried out with funds made available under this
heading: Provided further, That of the funds made available under this
heading--
(1) $1,275,060,641 shall be made available for Community
Project Funding for the purposes, and in the amounts, specified
for this account in the table titled ``Transportation, Housing
and Urban Development Incorporation of Community Project
Funding Items'' included in the report accompanying this Act:
Provided, That, except as otherwise provided under this
heading, the funds made available under this paragraph shall be
administered as if apportioned under chapter 1 of title 23,
United States Code: Provided further, That funds made
available under this paragraph that are used for Tribal
projects shall be administered as if allocated under chapter 2
of title 23, United States Code, except that the set-asides
described in subparagraph (C) of section 202(b)(3) of title 23,
United States Code, and subsections (a)(6), (c), and (e) of
section 202 of such title, and section 1123(h)(1) of MAP-21 (as
amended by Public Law 117-58), shall not apply to such funds;
(2) $100,000,000 shall be for necessary expenses for
construction of the Appalachian Development Highway System as
authorized under section 1069(y) of Public Law 102-240:
Provided, That for the purposes of funds made available under
this paragraph, the term ``Appalachian State'' means a State
that contains 1 or more counties (including any political
subdivision located within the area) in the Appalachian region
as defined in section 14102(a) of title 40, United States Code:
Provided further, That funds made available under this heading
for construction of the Appalachian Development Highway System
shall remain available until expended: Provided further, That,
except as provided in the following proviso, funds made
available under this heading for construction of the
Appalachian Development Highway System shall be administered as
if apportioned under chapter 1 of title 23, United States Code:
Provided further, That a project carried out with funds made
available under this heading for construction of the
Appalachian Development Highway System shall be carried out in
the same manner as a project under section 14501 of title 40,
United States Code: Provided further, That subject to the
following proviso, funds made available under this heading for
construction of the Appalachian Development Highway System
shall be apportioned to the Appalachian States according to the
percentages derived from the 2021 Appalachian Development
Highway System Cost-to-Complete Estimate, adopted in
Appalachian Regional Commission Resolution Number 788, and
confirmed as each Appalachian State's relative share of the
estimated remaining need to complete the Appalachian
Development Highway System, adjusted to exclude those corridors
that such States have no current plans to complete, as reported
in the 2013 Appalachian Development Highway System Completion
Report, unless those States have modified and assigned a higher
priority for completion of an Appalachian Development Highway
System corridor, as reported in the 2021 Appalachian
Development Highway System Future Outlook: Provided further,
That the Secretary shall adjust apportionments made under the
preceding proviso so that no Appalachian State shall be
apportioned an amount in excess of 30 percent of the amount
made available for construction of the Appalachian Development
Highway System under this heading: Provided further, That the
Secretary shall consult with the Appalachian Regional
Commission in making adjustments under the preceding two
provisos: Provided further, That the Federal share of the
costs for which an expenditure is made for construction of the
Appalachian Development Highway System under this heading shall
be up to 100 percent;
(3) $75,000,000 shall be for the nationally significant
Federal lands and Tribal projects program under section 1123 of
the FAST Act (23 U.S.C. 201 note), of which not less than
$37,500,000 shall be for competitive grants to tribal
governments;
(4) $12,000,000 shall be for the regional infrastructure
accelerator demonstration program authorized under section 1441
of the FAST Act (23 U.S.C. 601 note): Provided, That for funds
made available under this paragraph, the Federal share of the
costs shall be, at the option of the recipient, up to 100
percent;
(5) $30,000,000 shall be for the national scenic byways
program under section 162 of title 23, United States Code:
Provided, That, except as otherwise provided under this
heading, the funds made available under this paragraph shall be
administered as if apportioned under chapter 1 of title 23,
United States Code;
(6) $100,000,000 shall be for the safe streets and roads
for all grant program under section 24112 of the Infrastructure
Investment and Jobs Act (23 U.S.C. 402 note), to remain
available until expended: Provided, That notwithstanding
section 24112(c)(2)(B) of Pub. L. 117-58, of the total amount
made available under this paragraph in this Act, the Secretary
may award less than 40 percent to eligible projects described
in 24112(a)(3)(A) of Pub. L. 117-58, but shall award not less
than 20 percent to such projects: Provided further, That
amounts made available under this paragraph in this Act may be
transferred to and merged with the appropriations for ``Office
of the Secretary'';
(7) $100,000,000 shall be for the active transportation
infrastructure investment program under section 11529 of the
Infrastructure Investment and Jobs Act (23 U.S.C. 217 note), to
remain available until expended: Provided, That, except as
otherwise provided under such section or this heading, the
funds made available under this paragraph shall be administered
as if apportioned under chapter 1 of title 23, United States
Code;
(8) $55,000,000 shall be for the healthy streets program
under section 11406 of the Infrastructure Investment and Jobs
Act (23 U.S.C. 149 note): Provided, That, except as otherwise
provided under such section or this heading, the funds made
available under this paragraph shall be administered as if
apportioned under chapter 1 of title 23, United States Code;
and
(9) $5,000,000 shall be for a cooperative series of
agreements to examine the impacts of culverts, roads, and
bridges on threatened or endangered salmon populations.
administrative provisions--federal highway administration
Sec. 120. (a) For fiscal year 2023, the Secretary of Transportation
shall--
(1) not distribute from the obligation limitation for
Federal-aid highways--
(A) amounts authorized for administrative expenses
and programs by section 104(a) of title 23, United
States Code; and
(B) amounts authorized for the Bureau of
Transportation Statistics;
(2) not distribute an amount from the obligation limitation
for Federal-aid highways that is equal to the unobligated
balance of amounts--
(A) made available from the Highway Trust Fund
(other than the Mass Transit Account) for Federal-aid
highway and highway safety construction programs for
previous fiscal years the funds for which are allocated
by the Secretary (or apportioned by the Secretary under
sections 202 or 204 of title 23, United States Code);
and
(B) for which obligation limitation was provided in
a previous fiscal year;
(3) determine the proportion that--
(A) the obligation limitation for Federal-aid
highways, less the aggregate of amounts not distributed
under paragraphs (1) and (2) of this subsection; bears
to
(B) the total of the sums authorized to be
appropriated for the Federal-aid highway and highway
safety construction programs (other than sums
authorized to be appropriated for provisions of law
described in paragraphs (1) through (11) of subsection
(b) and sums authorized to be appropriated for section
119 of title 23, United States Code, equal to the
amount referred to in subsection (b)(12) for such
fiscal year), less the aggregate of the amounts not
distributed under paragraphs (1) and (2) of this
subsection;
(4) distribute the obligation limitation for Federal-aid
highways, less the aggregate amounts not distributed under
paragraphs (1) and (2), for each of the programs (other than
programs to which paragraph (1) applies) that are allocated by
the Secretary under authorized Federal-aid highway and highway
safety construction programs, or apportioned by the Secretary
under sections 202 or 204 of title 23, United States Code, by
multiplying--
(A) the proportion determined under paragraph (3);
by
(B) the amounts authorized to be appropriated for
each such program for such fiscal year; and
(5) distribute the obligation limitation for Federal-aid
highways, less the aggregate amounts not distributed under
paragraphs (1) and (2) and the amounts distributed under
paragraph (4), for Federal-aid highway and highway safety
construction programs that are apportioned by the Secretary
under title 23, United States Code (other than the amounts
apportioned for the National Highway Performance Program in
section 119 of title 23, United States Code, that are exempt
from the limitation under subsection (b)(12) and the amounts
apportioned under sections 202 and 204 of that title) in the
proportion that--
(A) amounts authorized to be appropriated for the
programs that are apportioned under title 23, United
States Code, to each State for such fiscal year; bears
to
(B) the total of the amounts authorized to be
appropriated for the programs that are apportioned
under title 23, United States Code, to all States for
such fiscal year.
(b) Exceptions From Obligation Limitation.--The obligation
limitation for Federal-aid highways shall not apply to obligations
under or for--
(1) section 125 of title 23, United States Code;
(2) section 147 of the Surface Transportation Assistance
Act of 1978 (23 U.S.C. 144 note; 92 Stat. 2714);
(3) section 9 of the Federal-Aid Highway Act of 1981 (95
Stat. 1701);
(4) subsections (b) and (j) of section 131 of the Surface
Transportation Assistance Act of 1982 (96 Stat. 2119);
(5) subsections (b) and (c) of section 149 of the Surface
Transportation and Uniform Relocation Assistance Act of 1987
(101 Stat. 198);
(6) sections 1103 through 1108 of the Intermodal Surface
Transportation Efficiency Act of 1991 (105 Stat. 2027);
(7) section 157 of title 23, United States Code (as in
effect on June 8, 1998);
(8) section 105 of title 23, United States Code (as in
effect for fiscal years 1998 through 2004, but only in an
amount equal to $639,000,000 for each of those fiscal years);
(9) Federal-aid highway programs for which obligation
authority was made available under the Transportation Equity
Act for the 21st Century (112 Stat. 107) or subsequent Acts for
multiple years or to remain available until expended, but only
to the extent that the obligation authority has not lapsed or
been used;
(10) section 105 of title 23, United States Code (as in
effect for fiscal years 2005 through 2012, but only in an
amount equal to $639,000,000 for each of those fiscal years);
(11) section 1603 of SAFETEA-LU (23 U.S.C. 118 note; 119
Stat. 1248), to the extent that funds obligated in accordance
with that section were not subject to a limitation on
obligations at the time at which the funds were initially made
available for obligation; and
(12) section 119 of title 23, United States Code (but, for
each of fiscal years 2013 through 2023, only in an amount equal
to $639,000,000).
(c) Redistribution of Unused Obligation Authority.--Notwithstanding
subsection (a), the Secretary shall, after August 1 of such fiscal
year--
(1) revise a distribution of the obligation limitation made
available under subsection (a) if an amount distributed cannot
be obligated during that fiscal year; and
(2) redistribute sufficient amounts to those States able to
obligate amounts in addition to those previously distributed
during that fiscal year, giving priority to those States having
large unobligated balances of funds apportioned under sections
144 (as in effect on the day before the date of enactment of
Public Law 112-141) and 104 of title 23, United States Code.
(d) Applicability of Obligation Limitations to Transportation
Research Programs.--
(1) In general.--Except as provided in paragraph (2), the
obligation limitation for Federal-aid highways shall apply to
contract authority for transportation research programs carried
out under--
(A) chapter 5 of title 23, United States Code;
(B) title VI of the Fixing America's Surface
Transportation Act; and
(C) title III of division A of the Infrastructure
Investment and Jobs Act (Public Law 117-58).
(2) Exception.--Obligation authority made available under
paragraph (1) shall--
(A) remain available for a period of 4 fiscal
years; and
(B) be in addition to the amount of any limitation
imposed on obligations for Federal-aid highway and
highway safety construction programs for future fiscal
years.
(e) Redistribution of Certain Authorized Funds.--
(1) In general.--Not later than 30 days after the date of
distribution of obligation limitation under subsection (a), the
Secretary shall distribute to the States any funds (excluding
funds authorized for the program under section 202 of title 23,
United States Code) that--
(A) are authorized to be appropriated for such
fiscal year for Federal-aid highway programs; and
(B) the Secretary determines will not be allocated
to the States (or will not be apportioned to the States
under section 204 of title 23, United States Code), and
will not be available for obligation, for such fiscal
year because of the imposition of any obligation
limitation for such fiscal year.
(2) Ratio.--Funds shall be distributed under paragraph (1)
in the same proportion as the distribution of obligation
authority under subsection (a)(5).
(3) Availability.--Funds distributed to each State under
paragraph (1) shall be available for any purpose described in
section 133(b) of title 23, United States Code.
Sec. 121. Notwithstanding 31 U.S.C. 3302, funds received by the
Bureau of Transportation Statistics from the sale of data products, for
necessary expenses incurred pursuant to chapter 63 of title 49, United
States Code, may be credited to the Federal-aid highways account for
the purpose of reimbursing the Bureau for such expenses: Provided,
That such funds shall be subject to the obligation limitation for
Federal-aid highway and highway safety construction programs.
Sec. 122. Not less than 15 days prior to waiving, under his or her
statutory authority, any Buy America requirement for Federal-aid
highways projects, the Secretary of Transportation shall make an
informal public notice and comment opportunity on the intent to issue
such waiver and the reasons therefor: Provided, That the Secretary
shall provide an annual report to the House and Senate Committees on
Appropriations on any waivers granted under the Buy America
requirements.
Sec. 123. None of the funds made available in this Act may be used
to make a grant for a project under section 117 of title 23, United
States Code, unless the Secretary, at least 60 days before making a
grant under that section, provides written notification to the House
and Senate Committees on Appropriations of the proposed grant,
including an evaluation and justification for the project and the
amount of the proposed grant award: Provided, That the written
notification required in the preceding proviso shall be made not later
than 180 days after the date of enactment of this Act.
Sec. 124. (a) A State or territory, as defined in section 165 of
title 23, United States Code, may use for any project eligible under
section 133(b) of title 23 or section 165 of title 23 and located
within the boundary of the State or territory any earmarked amount, and
any associated obligation limitation: Provided, That the Department of
Transportation for the State or territory for which the earmarked
amount was originally designated or directed notifies the Secretary of
its intent to use its authority under this section and submits an
annual report to the Secretary identifying the projects to which the
funding would be applied. Notwithstanding the original period of
availability of funds to be obligated under this section, such funds
and associated obligation limitation shall remain available for
obligation for a period of 3 fiscal years after the fiscal year in
which the Secretary is notified. The Federal share of the cost of a
project carried out with funds made available under this section shall
be the same as associated with the earmark.
(b) In this section, the term ``earmarked amount'' means--
(1) congressionally directed spending, as defined in rule
XLIV of the Standing Rules of the Senate, identified in a prior
law, report, or joint explanatory statement, which was
authorized to be appropriated or appropriated more than 10
fiscal years prior to the current fiscal year, and administered
by the Federal Highway Administration; or
(2) a congressional earmark, as defined in rule XXI of the
Rules of the House of Representatives, identified in a prior
law, report, or joint explanatory statement, which was
authorized to be appropriated or appropriated more than 10
fiscal years prior to the current fiscal year, and administered
by the Federal Highway Administration.
(c) The authority under subsection (a) may be exercised only for
those projects or activities that have obligated less than 10 percent
of the amount made available for obligation as of October 1 of the
current fiscal year, and shall be applied to projects within the same
general geographic area within 25 miles for which the funding was
designated, except that a State or territory may apply such authority
to unexpended balances of funds from projects or activities the State
or territory certifies have been closed and for which payments have
been made under a final voucher.
(d) The Secretary shall submit consolidated reports of the
information provided by the States and territories annually to the
House and Senate Committees on Appropriations.
Sec. 125. Until final guidance is published, the Administrator of
the Federal Highway Administration shall adjudicate requests for Buy
America waivers under the criteria that were in effect prior to April
17, 2018.
Federal Motor Carrier Safety Administration
motor carrier safety operations and programs
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in the implementation,
execution, and administration of motor carrier safety operations and
programs pursuant to section 31110 of title 49, United States Code,
$367,500,000, to be derived from the Highway Trust Fund (other than the
Mass Transit Account), together with advances and reimbursements
received by the Federal Motor Carrier Safety Administration, the sum of
which shall remain available until expended: Provided, That funds
available for implementation, execution, or administration of motor
carrier safety operations and programs authorized under title 49,
United States Code, shall not exceed total obligations of $367,500,000,
for ``Motor Carrier Safety Operations and Programs'' for fiscal year
2023, of which $14,073,000, to remain available for obligation until
September 30, 2025, is for the research and technology program, and of
which not less than $63,098,000, to remain available for obligation
until September 30, 2025, is for development, modernization,
enhancement, and continued operation and maintenance of information
technology and information management.
motor carrier safety grants
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out sections 31102,
31103, 31104, and 31313 of title 49, United States Code, $506,150,000,
to be derived from the Highway Trust Fund (other than the Mass Transit
Account) and to remain available until expended: Provided, That funds
available for the implementation or execution of motor carrier safety
programs shall not exceed total obligations of $506,150,000 in fiscal
year 2023 for ``Motor Carrier Safety Grants'': Provided further, That
of the amounts made available under this heading--
(1) $398,500,000, to remain available for obligation until
September 30, 2024, shall be for the motor carrier safety
assistance program;
(2) $42,650,000, to remain available for obligation until
September 30, 2024, shall be for the commercial driver's
license program implementation program;
(3) $58,800,000, to remain available for obligation until
September 30, 2024, shall be for the high priority program;
(4) $1,200,000, to remain available for obligation until
September 30, 2024, shall be for the commercial motor vehicle
operators grant program; and
(5) $5,000,000, to remain available for obligation until
September 30, 2024, shall be for the commercial motor vehicle
enforcement training and support grant program.
administrative provisions--federal motor carrier safety administration
Sec. 130. The Federal Motor Carrier Safety Administration shall
update annual inspection regulations under Appendix G to subchapter B
of chapter III of title 49, Code of Federal Regulations, as recommended
by GAO-19-264.
Sec. 131. None of the funds appropriated or otherwise made
available to the Department of Transportation by this Act or any other
Act may be obligated or expended to implement, administer, or enforce
the requirements of section 31137 of title 49, United States Code, or
any regulation issued by the Secretary pursuant to such section, with
respect to the use of electronic logging devices by operators of
commercial motor vehicles, as such term is defined in section 31132 of
such title, who are transporting livestock, as such term is defined in
section 602 of the Emergency Livestock Feed Assistance Act of 1988 (7
U.S.C. 1471), or insects.
National Highway Traffic Safety Administration
operations and research
For expenses necessary to discharge the functions of the Secretary,
with respect to traffic and highway safety authorized under chapter 301
and part C of subtitle VI of title 49, United States Code,
$230,000,000, to remain available through September 30, 2024.
operations and research
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out the provisions
of section 403 of title 23, United States Code, including behavioral
research on Automated Driving Systems and Advanced Driver Assistance
Systems and improving consumer responses to safety recalls, section
25024 of the Infrastructure Investment and Jobs Act (Public Law 117-
58), and chapter 303 of title 49, United States Code, $197,000,000, to
be derived from the Highway Trust Fund (other than the Mass Transit
Account) and to remain available until expended: Provided, That none
of the funds in this Act shall be available for the planning or
execution of programs the total obligations for which, in fiscal year
2023, are in excess of $197,000,000: Provided further, That of the
sums appropriated under this heading--
(1) $190,000,000 shall be for programs authorized under
section 403 of title 23, United States Code, including
behavioral research on Automated Driving Systems and Advanced
Driver Assistance Systems and improving consumer responses to
safety recalls, and section 25024 of the Infrastructure
Investment and Jobs Act (Public Law 117-58); and
(2) $7,000,000 shall be for the National Driver Register
authorized under chapter 303 of title 49, United States Code:
Provided further, That within the $197,000,000 obligation limitation
for operations and research, $57,500,000 shall remain available until
September 30, 2024: Provided further, That amounts for behavioral
research on Automated Driving Systems and Advanced Driver Assistance
Systems and improving consumer responses to safety recalls are in
addition to any other funds provided for those purposes for fiscal year
2023 in this Act.
highway traffic safety grants
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out provisions of
sections 402, 404, and 405 of title 23, United States Code, and grant
administration expenses under chapter 4 of title 23, United States
Code, to remain available until expended, $795,220,000, to be derived
from the Highway Trust Fund (other than the Mass Transit Account):
Provided, That none of the funds in this Act shall be available for the
planning or execution of programs for which the total obligations in
fiscal year 2023 are in excess of $795,220,000 for programs authorized
under sections 402, 404, and 405 of title 23, United States Code, and
grant administration expenses under chapter 4 of title 23, United
States Code: Provided further, That of the sums appropriated under
this heading--
(1) $370,900,000 shall be for ``Highway Safety Programs''
under section 402 of title 23, United States Code;
(2) $346,500,000 shall be for ``National Priority Safety
Programs'' under section 405 of title 23, United States Code;
(3) $38,300,000 shall be for the ``High Visibility
Enforcement Program'' under section 404 of title 23, United
States Code; and
(4) $39,520,000 shall be for grant administrative expenses
under chapter 4 of title 23, United States Code:
Provided further, That none of these funds shall be used for
construction, rehabilitation, or remodeling costs, or for office
furnishings and fixtures for State, local or private buildings or
structures: Provided further, That not to exceed $500,000 of the funds
made available for ``National Priority Safety Programs'' under section
405 of title 23, United States Code, for ``Impaired Driving
Countermeasures'' (as described in subsection (d) of that section)
shall be available for technical assistance to the States: Provided
further, That with respect to the ``Transfers'' provision under section
405(a)(8) of title 23, United States Code, any amounts transferred to
increase the amounts made available under section 402 shall include the
obligation authority for such amounts: Provided further, That the
Administrator shall notify the House and Senate Committees on
Appropriations of any exercise of the authority granted under the
preceding proviso or under section 405(a)(8) of title 23, United States
Code, within 5 days.
administrative provisions--national highway traffic safety
administration
Sec. 140. An additional $130,000 shall be made available to the
National Highway Traffic Safety Administration, out of the amount
limited for section 402 of title 23, United States Code, to pay for
travel and related expenses for State management reviews and to pay for
core competency development training and related expenses for highway
safety staff.
Sec. 141. The limitations on obligations for the programs of the
National Highway Traffic Safety Administration set in this Act shall
not apply to obligations for which obligation authority was made
available in previous public laws but only to the extent that the
obligation authority has not lapsed or been used.
Sec. 142. None of the funds in this Act or any other Act shall be
used to enforce the requirements of section 405(a)(9) of title 23,
United States Code.
Federal Railroad Administration
safety and operations
For necessary expenses of the Federal Railroad Administration, not
otherwise provided for, $250,449,000, of which $25,000,000 shall remain
available until expended.
railroad research and development
For necessary expenses for railroad research and development,
$47,000,000, to remain available until expended: Provided, That of the
amounts made available under this heading, up to $3,000,000 shall be
available pursuant to section 20108(d) of title 49, United States Code,
for the construction, alteration, and repair of buildings and
improvements at the Transportation Technology Center.
federal-state partnership for intercity passenger rail
For necessary expenses related to Federal-State Partnership for
Intercity Passenger Rail grants as authorized by section 24911 of title
49, United States Code, $555,000,000, to remain available until
expended: Provided, That amounts made available under the heading
``Northeast Corridor Grants to the National Railroad Passenger
Corporation'' in this Act may be used as non-Federal share for projects
located on the Northeast Corridor selected for award under section
24911 of title 49, United States Code, notwithstanding subsection (f)
of such section: Provided further, That amounts made available under
the heading ``National Network Grants to the National Railroad
Passenger Corporation'' in this Act may be used as non-Federal share
for projects not located on the Northeast Corridor selected for award
under section 24911 of title 49, United States Code, notwithstanding
subsection (f) of such section: Provided further, That the Secretary
may withhold up to 2 percent of the amounts made available under this
heading in this Act for the costs of award and project management
oversight of grants carried out under title 49, United States Code.
consolidated rail infrastructure and safety improvements
For necessary expenses related to Consolidated Rail Infrastructure
and Safety Improvements grants, as authorized by section 22907 of title
49, United States Code, $630,000,000, to remain available until
expended: Provided, That of the amounts made available under this
heading in this Act--
(1) not less than $150,000,000 shall be for projects
eligible under section 22907(c)(2) of title 49, United States
Code, that support the development of new intercity passenger
rail service routes including alignments for existing routes;
(2) not less than $25,000,000 shall be for projects
eligible under section 22907(c)(11) of title 49, United States
Code: Provided, That for amounts made available in this
paragraph, the Secretary shall give preference to projects that
are located in counties with the most pedestrian trespasser
casualties; and
(3) $5,000,000 shall be for preconstruction planning
activities and capital costs related to the deployment of
magnetic levitation transportation projects:
Provided further, That for amounts made available under this heading,
eligible projects under section 22907(c)(8) of title 49, United States
Code, shall also include railroad systems planning (including the
preparation of regional intercity passenger rail plans and State Rail
Plans) and railroad project development activities (including railroad
project planning, preliminary engineering, design, environmental
analysis, feasibility studies, and the development and analysis of
project alternatives): Provided further, That section 22907(e)(1)(A)
of title 49, United States Code, shall not apply to amounts made
available under this heading: Provided further, That section
22907(e)(1)(A) of title 49, United States Code, shall not apply to
amounts made available under this heading in previous fiscal years if
such funds are announced in a notice of funding opportunity that
includes funds made available under this heading: Provided further,
That unobligated balances remaining after 6 years after the date of
enactment of this Act may be used for any eligible project under
section 22907(c) of title 49, United States Code: Provided further,
That the Secretary may withhold up to 2 percent of the amounts made
available under this heading in this Act for the costs of award and
project management oversight of grants carried out under title 49,
United States Code.
northeast corridor grants to the national railroad passenger
corporation
To enable the Secretary of Transportation to make grants to the
National Railroad Passenger Corporation for activities associated with
the Northeast Corridor as authorized by section 22101(a) of the
Infrastructure Investment and Jobs Act (Public Law 117-58),
$882,000,000, to remain available until expended: Provided, That the
Secretary may retain up to one-half of 1 percent of the amounts made
available under both this heading in this Act and the ``National
Network Grants to the National Railroad Passenger Corporation'' heading
in this Act to fund the costs of project management and oversight of
activities authorized by section 22101(c) of the Infrastructure
Investment and Jobs Act (Public Law 117-58): Provided further, That in
addition to the project management oversight funds authorized under
section 22101(c) of the Infrastructure Investment and Jobs Act (Public
Law 117-58), the Secretary may retain up to an additional $1,000,000 of
the amounts made available under this heading in this Act to fund
expenses associated with the Northeast Corridor Commission established
under section 24905 of title 49, United States Code: Provided further,
That notwithstanding section 24911(f) of title 49, United States Code,
amounts made available under this heading in this Act may be used as
non-Federal share for projects located on the Northeast Corridor
selected for award under section 24911 of title 49, United States Code.
national network grants to the national railroad passenger corporation
To enable the Secretary of Transportation to make grants to the
National Railroad Passenger Corporation for activities associated with
the National Network as authorized by section 22101(b) of the
Infrastructure Investment and Jobs Act (Public Law 117-58),
$1,463,000,000, to remain available until expended: Provided, That the
National Railroad Passenger Corporation may use up to 10 percent of the
amounts made available under this heading in this Act to support
planning and capital costs, and operating assistance consistent with
the Federal funding limitations under section 22908 of title 49, United
States Code, of corridors selected under section 25101 of title 49,
United States Code, that are operated by the National Railroad
Passenger Corporation: Provided further, That notwithstanding section
24911(f) of title 49, United States Code, amounts made available under
this heading in this Act may be used as non-Federal share for projects
not located on the Northeast Corridor selected for award under section
24911 of title 49, United States Code: Provided further, That none of
the funds made available under this heading in this Act shall be used
by Amtrak to give notice under subsection (a) or (c) of section 24706
of title 49, United States Code, with respect to long-distance routes
(as defined in section 24102 of title 49, United States Code) on which
Amtrak is the sole operator on a host railroad's line and a positive
train control system is not required by law or regulation, or, except
in an emergency or during maintenance or construction outages impacting
such routes, to otherwise discontinue, reduce the frequency of,
suspend, or substantially alter the route of rail service on any
portion of such route operated in fiscal year 2018, including
implementation of service permitted by section 24305(a)(3)(A) of title
49, United States Code, in lieu of rail service.
administrative provisions--federal railroad administration
(including rescission)
(including transfer of funds)
Sec. 150. None of the funds made available by this Act may be used
by the National Railroad Passenger Corporation in contravention of the
Worker Adjustment and Retraining Notification Act (29 U.S.C. 2101 et
seq.).
Sec. 151. Amounts made available in this and prior Acts to the
Secretary or to the Federal Railroad Administration for the costs of
award, administration, and project management oversight of financial
assistance which are administered by the Federal Railroad
Administration may be transferred to the Federal Railroad
Administration's ``Financial Assistance Oversight and Technical
Assistance'' account for necessary expenses to support the award,
administration, project management oversight, and technical assistance
of financial assistance administered by the Federal Railroad
Administration, in the same manner as appropriated in this and prior
Acts: Provided, That this section shall not apply to amounts that were
previously designated by the Congress as an emergency requirement
pursuant to a concurrent resolution on the budget or the Balanced
Budget and Emergency Deficit Control Act of 1985.
Sec. 152. Amounts made available under the heading ``Department of
Transportation--Federal Railroad Administration--Restoration and
Enhancement'' in any prior fiscal years are subject to the requirements
of section 22908 of title 49, United States Code, as in effect on the
effective date of the Infrastructure Investment and Jobs Act (Public
Law 117-58): Provided, That the limitation in subsection (e)(2) of
section 22908 of title 49, United States Code, shall not apply to
amounts made available for grants under such section in any prior Act.
Sec. 153. Amounts transferred to a ``Financial Assistance
Oversight and Technical Assistance'' account pursuant to section 802 of
title VIII of the Infrastructure Investment and Jobs Appropriations Act
(division J of Public Law 117-58), as amended by section 156 of this
title, from amounts appropriated for fiscal year 2023 may also be used
by the Federal Railroad Administration for the Northeast Corridor
Commission established under section 24905 of title 49, United States
Code, and for the State-Supported Route Committee established under
section 24712(a) of title 49, United States Code, including to assist
the Federal Railroad Administration with the delivery of projects
carried out with amounts made available under the headings ``Department
of Transportation--Federal Railroad Administration--Northeast Corridor
Grants to the National Railroad Passenger Corporation'', ``Department
of Transportation--Federal Railroad Administration--National Network
Grants to the National Railroad Passenger Corporation'', and
``Department of Transportation--Federal Railroad Administration--
Federal-State Partnership for Intercity Passenger Rail Grants'' in such
title: Provided, That the Federal Railroad Administration shall notify
the House and Senate Committees on Appropriations not less than 15 days
prior to making any amounts available to the Northeast Corridor
Commission or State-Supported Route Committee pursuant to this section:
Provided further, That amounts repurposed by this section that were
previously designated by the Congress as an emergency requirement
pursuant to the Balanced Budget and Emergency Deficit Control Act of
1985 or a concurrent resolution on the budget are designated as an
emergency requirement pursuant to section 4001(a)(1) of S. Con. Res. 14
(117th Congress), the concurrent resolution on the budget for fiscal
year 2022, and section 1(e) of H. Res. 1151 (117th Congress) as
engrossed in the House of Representatives on June 8, 2022.
Sec. 154. The matter under the heading ``Department of
Transportation--Federal Railroad Administration--Northeast Corridor
Grants to the National Railroad Passenger Corporation'' in title VIII
of division J of Public Law 117-58 is amended--
(1) in the fourth proviso, by striking ``Secretary of
Transportation shall submit'' and inserting ``Secretary of
Transportation, in consultation with Amtrak, shall submit'';
(2) in the fifth proviso, by striking ``Secretary of
Transportation shall submit'' and inserting ``Secretary of
Transportation, in consultation with Amtrak, shall prepare and
submit''; and
(3) in the tenth proviso, by striking ``, to facilitate a
coordinated and efficient delivery of projects carried out
under this heading in this Act'':
Provided, That amounts repurposed by the amendments made by this
section that were previously designated by the Congress as an emergency
requirement pursuant to the Balanced Budget and Emergency Deficit
Control Act of 1985 or a concurrent resolution on the budget are
designated as an emergency requirement pursuant to section 4001(a)(1)
of S. Con. Res. 14 (117th Congress), the concurrent resolution on the
budget for fiscal year 2022, and section 1(e) of H. Res. 1151 (117th
Congress) as engrossed in the House of Representatives on June 8, 2022.
Sec. 155. The matter under the heading ``Department of
Transportation--Federal Railroad Administration--National Network
Grants to the National Railroad Passenger Corporation'' in title VIII
of division J of Public Law 117-58 is amended--
(1) in the third proviso, by striking ``Secretary of
Transportation shall submit'' and inserting ``Secretary of
Transportation, in consultation with Amtrak, shall submit'';
and
(2) in the fourth proviso, by striking ``Secretary of
Transportation shall submit'' and inserting ``Secretary of
Transportation, in consultation with Amtrak, shall prepare and
submit'':
Provided, That amounts repurposed by the amendments made by this
section that were previously designated by the Congress as an emergency
requirement pursuant to the Balanced Budget and Emergency Deficit
Control Act of 1985 or a concurrent resolution on the budget are
designated as an emergency requirement pursuant to section 4001(a)(1)
of S. Con. Res. 14 (117th Congress), the concurrent resolution on the
budget for fiscal year 2022, and section 1(e) of H. Res. 1151 (117th
Congress) as engrossed in the House of Representatives on June 8, 2022.
Sec. 156. Section 802 of title VIII of division J of Public Law
117-58 is amended--
(1) in the first proviso, by inserting ``that could be''
after ``amounts''; and
(2) in the second proviso, by inserting ``that could be''
after ``amounts'':
Provided, That amounts repurposed by the amendments made by this
section that were previously designated by the Congress as an emergency
requirement pursuant to the Balanced Budget and Emergency Deficit
Control Act of 1985 or a concurrent resolution on the budget are
designated as an emergency requirement pursuant to section 4001(a)(1)
of S. Con. Res. 14 (117th Congress), the concurrent resolution on the
budget for fiscal year 2022, and section 1(e) of H. Res. 1151 (117th
Congress) as engrossed in the House of Representatives on June 8, 2022.
Sec. 157. Of the unobligated balances of funds remaining from the
``Rail Line Relocation and Improvement Program'' account totaling
$1,811,124.16 appropriated by Public Law 112-10 is hereby permanently
rescinded.
Federal Transit Administration
transit formula grants
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in the Federal Public
Transportation Assistance Program in this account, and for payment of
obligations incurred in carrying out the provisions of sections 5305,
5307, 5310, 5311, 5312, 5314, 5318, 5329(e)(6), 5334, 5335, 5337, 5339,
and 5340 of title 49, United States Code, section 20005(b) of MAP-21
(Public Law 112-141), and section 3006(b) of the Fixing America's
Surface Transportation Act (Public Law 114-94), $13,634,000,000, to be
derived from the Mass Transit Account of the Highway Trust Fund and to
remain available until expended: Provided, That funds available for
the implementation or execution of programs authorized under sections
5305, 5307, 5310, 5311, 5312, 5314, 5318, 5329(e)(6), 5334, 5335, 5337,
5339, and 5340 of title 49, United States Code, section 20005(b) of
MAP-21 (Public Law 112-141), and section 3006(b) of the Fixing
America's Surface Transportation Act (Public Law 114-94), shall not
exceed total obligations of $13,634,000,000 in fiscal year 2023.
transit infrastructure grants
For an additional amount for buses and bus facilities competitive
grants under section 5339(b) of title 49, United States Code, low or no
emission grants under section 5339(c) of such title, passenger ferry
grants under section 5307(h) of such title, bus testing facilities
under section 5318 of such title, Community Project Funding for
projects and activities eligible under chapter 53 of such title,
administrative expenses and ongoing program management oversight as
authorized under sections 5334 and 5338(c)(2) of such title, ferry
service for rural communities under section 71103 of the Infrastructure
Investment and Jobs Act (Public Law 117-58), and competitive integrated
smart mobility grants, $646,428,324, to remain available until
expended: Provided, That of the amounts made available under this
heading in this Act--
(1) $200,000,000 shall be for buses and bus facilities
competitive grants as authorized under section 5339(b) of such
title;
(2) $75,000,000 shall be for low or no emission grants as
authorized under section 5339(c) of such title: Provided, That
for amounts made available in this paragraph, the minimum grant
award shall be not less than $750,000;
(3) $20,000,000 shall be for passenger ferry grants as
authorized under section 5307(h) of such title;
(4) $2,000,000 shall be for the operation and maintenance
of the bus testing facilities selected under section 5318 of
such title: Provided, That for amounts made available in this
paragraph, the Federal cost share shall be 100 percent;
(5) $267,428,324 shall be for Community Project Funding for
the purposes, and in the amounts, specified for this account in
the table titled ``Transportation, Housing and Urban
Development Incorporation of Community Project Funding Items''
included in the report accompanying this Act: Provided, That
unless otherwise specified, applicable requirements under
chapter 53 of title 49, United States Code, shall apply to
amounts made available in this paragraph, except that the
Federal share of the costs for a project in this paragraph
shall be in an amount equal to 80 percent of the net costs of
the project, unless the Secretary approves a higher maximum
Federal share of the net costs of the project consistent with
administration of similar projects funded under chapter 53 of
title 49, United States Code;
(6) $2,000,000 shall be for administrative expenses and
ongoing program management oversight as authorized under
sections 5334 and 5338(c)(2) of title 49, United States Code,
including for administering amounts made available for
Community Project Funding in paragraph (5) under this heading
in this Act, and shall be in addition to any other
appropriations available for such purpose;
(7) $30,000,000 shall be for ferry service for rural
communities under section 71103 of the Infrastructure
Investment and Jobs Act (Public Law 117-58): Provided, That
for amounts made available in this paragraph, notwithstanding
section 71103(a)(2)(B), eligible service shall include
passenger ferry service that serves at least two rural areas
with a single segment over 20 miles between the two rural areas
and is not otherwise eligible under section 5307(h) of title
49, United States Code: Provided further, That entities that
provide eligible service pursuant to the preceding proviso may
use amounts made available in this paragraph for public
transportation capital projects to support any ferry service
between two rural areas: Provided further, That entities
eligible for amounts made available in this paragraph shall
only provide ferry service to rural areas; and
(8) $50,000,000 shall be for integrated smart mobility
grants to recipients eligible under sections 5307 and 5311 of
title 49, United States Code, for planning and capital projects
eligible under chapter 53 of such title that support the
adoption of innovative approaches to mobility that will improve
safety, accessibility, air-quality, and equity in access to
community services and economic opportunities: Provided, That
such innovative approaches may include changes to service
frequencies, patterns, areas of coverage, and first and last
mile options such as optimizing transit route planning and
using integrated travel planning and payment systems; fare
improvement projects; deployment of transit ambassadors; data
and systems integration; and other activities designed to
improve public transportation services: Provided further, That
the Secretary shall give preference to projects that will
improve access to jobs and affordable housing; enhance
connections to health care, education, and food security;
improve health outcomes; address how individuals without access
to advanced technology will benefit from such innovative
solutions; or include job retention and retraining for current
employees: Provided further, That the Secretary shall award
not less than 5 but not more than 10 integrated smart mobility
grants with amounts made available in this paragraph: Provided
further, That the Secretary shall award, to not less than 3
distinct recipients, not less than 1 such grant to a recipient
eligible under section 5307 of title 49, United States Code,
not less than 1 such grant to a recipient eligible under
section 5311 of title 49, United States Code, and not less than
1 such grant to a recipient eligible under sections 5307 or
5311 of title 49, United States Code, that provides commuter
rail passenger transportation: Provided further, That capital
and operating expenses shall be eligible for amounts made
available in this paragraph: Provided further, That an
eligible subrecipient under section 5307 or 5311 of title 49,
United States Code, shall be eligible to be a direct recipient:
Provided further, That the Federal share for planning and
capital projects funded with amounts made available in this
paragraph shall not exceed 80 percent of the net project cost:
Provided further, That the Federal share for operating expenses
funded with amounts made available in this paragraph shall not
exceed 50 percent of the net project cost: Provided further,
That the Secretary shall not waive requirements in section 5333
of title 49, United States Code, for projects funded with
amounts made available in this paragraph: Provided further,
That unless otherwise specified, applicable requirements under
chapter 53 of title 49, United States Code, shall apply to
amounts made available in this paragraph:
Provided further, That amounts made available under this heading in
this Act shall be derived from the general fund: Provided further,
That amounts made available under this heading in this Act shall not be
subject to any limitation on obligations for transit programs set forth
in this or any other Act.
technical assistance and training
For necessary expenses to carry out section 5314 of title 49,
United States Code, $8,000,000, to remain available until September 30,
2024: Provided, That the assistance provided under this heading does
not duplicate the activities of section 5311(b) or section 5312 of
title 49, United States Code: Provided further, That amounts made
available under this heading are in addition to any other amounts made
available for such purposes: Provided further, That amounts made
available under this heading shall not be subject to any limitation on
obligations set forth in this or any other Act.
capital investment grants
For necessary expenses to carry out fixed guideway capital
investment grants under section 5309 of title 49, United States Code,
and section 3005(b) of the Fixing America's Surface Transportation Act
(Public Law 114-94), $3,012,000,000, to remain available until
expended: Provided, That of the amounts made available under this
heading in this Act, $1,897,166,000 shall be available for projects
authorized under section 5309(d) of title 49, United States Code,
$40,714,000 shall be available for projects authorized under section
5309(e) of title 49, United States Code, $94,000,000 shall be available
for projects authorized under section 5309(h) of title 49, United
States Code, and $350,000,000 shall be available for projects
authorized under section 3005(b) of the Fixing America's Surface
Transportation Act (Public Law 114-94): Provided further, That the
Secretary shall continue to administer the capital investment grants
program in accordance with the procedural and substantive requirements
of section 5309 of title 49, United States Code, and of section 3005(b)
of the Fixing America's Surface Transportation Act (Public Law 114-94):
Provided further, That projects that receive a grant agreement under
the Expedited Project Delivery for Capital Investment Grants Pilot
Program under section 3005(b) of the Fixing America's Surface
Transportation Act (Public Law 114-94) shall be deemed eligible for
funding provided for projects under section 5309 of title 49, United
States Code, without further evaluation or rating under such section:
Provided further, That such funding shall not exceed the Federal share
under section 3005(b) of the Fixing America's Surface Transportation
Act (Public Law 114-94): Provided further, That upon submission to the
Congress of the fiscal year 2024 President's budget, the Secretary of
Transportation shall transmit to Congress the annual report on capital
investment grants, including proposed allocations for fiscal year 2024.
grants to the washington metropolitan area transit authority
For grants to the Washington Metropolitan Area Transit Authority as
authorized under section 601 of division B of the Passenger Rail
Investment and Improvement Act of 2008 (Public Law 110-432),
$150,000,000, to remain available until expended: Provided, That the
Secretary of Transportation shall approve grants for capital and
preventive maintenance expenditures for the Washington Metropolitan
Area Transit Authority only after receiving and reviewing a request for
each specific project: Provided further, That the Secretary shall
determine that the Washington Metropolitan Area Transit Authority has
placed the highest priority on those investments that will improve the
safety of the system before approving such grants.
administrative provisions--federal transit administration
Sec. 160. The limitations on obligations for the programs of the
Federal Transit Administration shall not apply to any authority under
section 5338 of title 49, United States Code, previously made available
for obligation, or to any other authority previously made available for
obligation.
Sec. 161. Notwithstanding any other provision of law, funds
appropriated or limited by this Act under the heading ``Capital
Investment Grants'' of the Federal Transit Administration for projects
specified in this Act or identified in the report accompanying this Act
not obligated by September 30, 2026, and other recoveries, shall be
directed to projects eligible to use the funds for the purposes for
which they were originally provided.
Sec. 162. Notwithstanding any other provision of law, any funds
appropriated before October 1, 2022, under any section of chapter 53 of
title 49, United States Code, that remain available for expenditure,
may be transferred to and administered under the most recent
appropriation heading for any such section.
Sec. 163. None of the funds made available by this Act or any
other Act shall be used to adjust apportionments or withhold funds from
apportionments pursuant to section 9503(e)(4) of the Internal Revenue
Code of 1986 (26 U.S.C. 9503(e)(4)).
Sec. 164. None of the funds made available by this Act or any
other Act shall be used to impede or hinder project advancement or
approval for any project seeking a Federal contribution from the
capital investment grants program of greater than 40 percent of project
costs as authorized under section 5309 of title 49, United States Code.
Sec. 165. Of the amounts made available under the heading
``Department of Transportation--Federal Transit Administration--Capital
Investment Grants'' in this Act, $600,000,000 shall be made available
for allocation to recipients with existing full funding grant
agreements under sections 5309(d) and 5309(e) of title 49, United
States Code, that received allocations for fiscal year 2022 and have
either (1) a capital investment grant share of 40 percent or less; or
(2) signed a full funding grant agreement between January 20, 2017 and
January 20, 2021: Provided, That recipients with projects open for
revenue service shall not be eligible to receive an allocation of
funding under this section: Provided further, That amounts shall be
provided to recipients proportionally based on the non-capital
investment grant share of the project: Provided further, That no
project may receive an allocation of more than 40 percent of the total
amount in this section: Provided further, That the Secretary shall
proportionally distribute funds in excess of such 40 percent to
recipients for which the percent of funds does not exceed 40 percent:
Provided further, That a recipient may not receive an allocation of
funding under this section if the recipient has (1) expended less than
75 percent of the allocations received under paragraph (4) of section
3401(b) of the American Rescue Plan Act of 2021 (Public Law 117-2); and
(2) expended less than 50 percent of the federal operating assistance
allocations received under section 5307 of title 49, United States
Code, in the Coronavirus Aid, Relief, and Economic Security Act (Public
Law 116-136), the Coronavirus Response and Relief Supplemental
Appropriations Act, 2021 (Public Law 116-260), or the American Rescue
Plan Act of 2021 (Public Law 117-2): Provided further, That amounts
allocated pursuant to this section shall be provided to eligible
recipients notwithstanding the limitation of any calculation of the
maximum amount of Federal financial assistance for the project under
section 5309(k)(2)(C)(ii) of title 49, United States Code: Provided
further, That the Federal Transit Administration shall allocate amounts
under this section no later than 30 days after the date of enactment of
this Act.
Sec. 166. The remaining unobligated balances, as of September 30,
2023, from amounts made available to the Department of Transportation
under the heading ``Federal Transit Administration--Capital Investment
Grants'' in division H of the Further Consolidated Appropriations Act,
2020 (Public Law 116-94) are hereby rescinded, and an amount of
additional new budget authority equivalent to the amount rescinded is
hereby appropriated on September 30, 2023, for an additional amount for
fiscal year 2023, to remain available until September 30, 2024, and
shall be available for the same purposes and under the same authorities
for which such amounts were originally provided in Public Law 116-94.
Sec. 167. Notwithstanding section 5302(4)(L) of title 49, United
States Code, fuel for vehicle operations, including the cost of
utilities used for the propulsion of electrically driven vehicles, may
be treated, at the option of the recipient, as an associated capital
maintenance item for purposes of grants made under sections 5307 and
5311 of such title in fiscal year 2023: Provided, That an amount equal
to not more than 5 percent of the total funding allocated under
sections 5307 or 5311 of such title to an urbanized area, state, or
territory in fiscal year 2023 may be obligated for such purpose from
available amounts allocated in fiscal year 2023 or prior years.
Great Lakes St. Lawrence Seaway Development Corporation
The Great Lakes St. Lawrence Seaway Development Corporation is
hereby authorized to make such expenditures, within the limits of funds
and borrowing authority available to the Corporation, and in accord
with law, and to make such contracts and commitments without regard to
fiscal year limitations, as provided by section 9104 of title 31,
United States Code, as may be necessary in carrying out the programs
set forth in the Corporation's budget for the current fiscal year.
operations and maintenance
(harbor maintenance trust fund)
For necessary expenses to conduct the operations, maintenance, and
capital infrastructure activities on portions of the St. Lawrence
Seaway owned, operated, and maintained by the Great Lakes St. Lawrence
Seaway Development Corporation, $41,500,000, to be derived from the
Harbor Maintenance Trust Fund, pursuant to section 210 of the Water
Resources Development Act of 1986 (33 U.S.C. 2238): Provided, That of
the amounts made available under this heading, not less than
$14,800,000 shall be for the seaway infrastructure program: Provided
further, That not more than $1,000,000 of the unobligated balances from
the amounts made available for capital asset renewal activities under
this heading or under the heading ``Saint Lawrence Seaway Development
Corporation--Operations and Maintenance'' in any prior Act shall be for
activities pursuant to section 984(a)(12) of title 33, United States
Code.
Maritime Administration
maritime security program
For necessary expenses to maintain and preserve a U.S.-flag
merchant fleet as authorized under chapter 531 of title 46, United
States Code, to serve the national security needs of the United States,
$318,000,000, to remain available until expended.
cable security fleet
For the cable security fleet program, as authorized under chapter
532 of title 46, United States Code, $10,000,000, to remain available
until expended.
tanker security program
For the tanker security fleet program, as authorized under chapter
534 of title 46, United States Code, $60,000,000, to remain available
until expended.
operations and training
For necessary expenses of operations and training activities
authorized by law, $192,000,000: Provided, That of the amounts made
available under this heading--
(1) $87,848,000, to remain available until September 30,
2024, shall be for the operations of the United States Merchant
Marine Academy;
(2) $11,900,000, to remain available until expended, shall
be for facilities maintenance and repair, and equipment, at the
United States Merchant Marine Academy;
(3) $6,000,000, to remain available until September 30,
2024 shall be for the Maritime Environmental and Technical
Assistance program authorized under section 50307 of title 46,
United States Code; and
(4) $14,819,000, to remain available until expended, shall
be for the America's Marine Highway Program to make grants for
the purposes authorized under paragraphs (1) and (3) of section
55601(b) of title 46, United States Code:
Provided further, That the Administrator of the Maritime
Administration shall transmit to the House and Senate Committees on
Appropriations the annual report on sexual assault and sexual
harassment at the United States Merchant Marine Academy as required
pursuant to section 3510 of the National Defense Authorization Act for
fiscal year 2017 (46 U.S.C. 51318): Provided further, That available
balances under this heading for the Short Sea Transportation Program
(now known as the America's Marine Highway Program) from prior year
recoveries shall be available to carry out activities authorized under
paragraphs (1) and (3) of section 55601(b) of title 46, United States
Code.
state maritime academy operations
For necessary expenses of operations, support, and training
activities for State Maritime Academies, $77,700,000: Provided, That
of the amounts made available under this heading--
(1) $30,500,000, to remain available until expended, shall
be for maintenance, repair, life extension, insurance, and
capacity improvement of National Defense Reserve Fleet training
ships, and for support of training ship operations at the State
Maritime Academies, of which not more than $8,000,000, to
remain available until expended, shall be for expenses related
to training mariners; and for costs associated with training
vessel sharing pursuant to section 51504(g)(3) of title 46,
United States Code, for costs associated with mobilizing,
operating and demobilizing the vessel, including travel costs
for students, faculty and crew, the costs of the general agent,
crew costs, fuel, insurance, operational fees, and vessel hire
costs, as determined by the Secretary;
(2) $35,000,000, to remain available until expended, shall
be for the National Security Multi-Mission Vessel Program,
including funds for construction, planning, administration,
design of school ships, and necessary expenses to construct
infrastructure to berth such ships;
(3) $2,400,000, to remain available until September 30,
2027, shall be for the Student Incentive Program;
(4) $3,800,000, to remain available until expended, shall
be for training ship fuel assistance; and
(5) $6,000,000, to remain available until September 30,
2024, shall be for direct payments for State Maritime
Academies.
assistance to small shipyards
To make grants to qualified shipyards as authorized under section
54101 of title 46, United States Code, $20,000,000, to remain available
until expended.
ship disposal
For necessary expenses related to the disposal of obsolete vessels
in the National Defense Reserve Fleet of the Maritime Administration,
$6,000,000, to remain available until expended.
maritime guaranteed loan (title xi) program account
(including transfer of funds)
For administrative expenses to carry out the guaranteed loan
program, $3,000,000, which shall be transferred to and merged with the
appropriations for ``Maritime Administration--Operations and
Training''.
port infrastructure development program
To make grants to improve port facilities as authorized under
section 54301 of title 46, United States Code, $300,000,000, to remain
available until expended: Provided, That projects eligible for amounts
made available under this heading in this Act shall be projects for
coastal seaports, inland river ports, or Great Lakes ports: Provided
further, That of the amounts made available under this heading in this
Act, not less than $275,000,000 shall be for coastal seaports or Great
Lakes ports: Provided further, That amounts made available under this
heading in this Act may not be used for the purchase or installation of
fully automated cargo handling equipment or terminal infrastructure
that is designed for fully automated cargo handling equipment:
Provided further, That for the purposes of the preceding proviso,
``fully automated cargo handling equipment'' means cargo handling
equipment that is remotely operated or remotely monitored and does not
require the exercise of human intervention or control: Provided
further, That for grants awarded under this heading in this Act, the
minimum grant size shall be $1,000,000: Provided further, That the
proceeds of Federal credit assistance under chapter 6 of title 23,
United States Code, or chapter 224 of title 49, United States Code,
shall be considered to be part of the non-Federal share of project
costs if the loan is repayable from non-Federal funds, unless otherwise
requested.
administrative provision--maritime administration
Sec. 170. Notwithstanding any other provision of this Act, in
addition to any existing authority, the Maritime Administration is
authorized to furnish utilities and services and make necessary repairs
in connection with any lease, contract, or occupancy involving
Government property under control of the Maritime Administration:
Provided, That payments received therefor shall be credited to the
appropriation charged with the cost thereof and shall remain available
until expended: Provided further, That rental payments under any such
lease, contract, or occupancy for items other than such utilities,
services, or repairs shall be deposited into the Treasury as
miscellaneous receipts.
Pipeline and Hazardous Materials Safety Administration
operational expenses
For necessary operational expenses of the Pipeline and Hazardous
Materials Safety Administration, $30,150,000, of which $4,500,000 shall
remain available until September 30, 2025.
hazardous materials safety
For expenses necessary to discharge the hazardous materials safety
functions of the Pipeline and Hazardous Materials Safety
Administration, $70,710,500, to remain available until September 30,
2025, of which $1,000,000 shall be made available for carrying out
section 5107(i) of title 49, United States Code: Provided, That up to
$800,000 in fees collected under section 5108(g) of title 49, United
States Code, shall be deposited in the general fund of the Treasury as
offsetting receipts: Provided further, That there may be credited to
this appropriation, to be available until expended, funds received from
States, counties, municipalities, other public authorities, and private
sources for expenses incurred for training, for reports publication and
dissemination, and for travel expenses incurred in performance of
hazardous materials exemptions and approvals functions.
pipeline safety
(pipeline safety fund)
(oil spill liability trust fund)
For expenses necessary to carry out a pipeline safety program, as
authorized by section 60107 of title 49, United States Code, and to
discharge the pipeline program responsibilities of the Oil Pollution
Act of 1990 (Public Law 101-380), $187,800,000, to remain available
until September 30, 2025, of which $29,000,000 shall be derived from
the Oil Spill Liability Trust Fund; of which $151,400,000 shall be
derived from the Pipeline Safety Fund; of which $400,000 shall be
derived from the fees collected under section 60303 of title 49, United
States Code, and deposited in the Liquefied Natural Gas Siting Account
for compliance reviews of liquefied natural gas facilities; and of
which $7,000,000 shall be derived from fees collected under section
60302 of title 49, United States Code, and deposited in the Underground
Natural Gas Storage Facility Safety Account for the purpose of carrying
out section 60141 of title 49, United States Code: Provided, That not
less than $1,058,000 of the amounts made available under this heading
shall be for the One-Call State grant program: Provided further, That
any amounts made available under this heading in this Act or in prior
Acts for research contracts, grants, cooperative agreements or research
other transactions agreements (``OTAs'') shall require written
notification to the House and Senate Committees on Appropriations not
less than 3 full business days before such research contracts, grants,
cooperative agreements, or research OTAs are announced by the
Department of Transportation: Provided further, That the Secretary
shall transmit to the House and Senate Committees on Appropriations the
report on pipeline safety testing enhancement as required pursuant to
section 105 of the Protecting our Infrastructure of Pipelines and
Enhancing Safety Act of 2020 (division R of Public Law 116-260):
Provided further, That the Secretary may obligate amounts made
available under this heading to engineer, erect, alter, and repair
buildings or make any other public improvements for research facilities
at the Transportation Technology Center after the Secretary submits an
updated research plan and the report in the preceding proviso to the
House and Senate Committees on Appropriations and after such plan and
report in the preceding proviso are approved by the House and Senate
Committees on Appropriations.
emergency preparedness grants
(limitation on obligations)
(emergency preparedness fund)
For expenses necessary to carry out the Emergency Preparedness
Grants program, not more than $28,318,000 shall remain available until
September 30, 2025, from amounts made available by section 5116(h) and
subsections (b) and (c) of section 5128 of title 49, United States
Code: Provided, That notwithstanding section 5116(h)(4) of title 49,
United States Code, not more than 4 percent of the amounts made
available from this account shall be available to pay the
administrative costs of carrying out sections 5116, 5107(e), and
5108(g)(2) of title 49, United States Code: Provided further, That
notwithstanding subsections (b) and (c) of section 5128 of title 49,
United States Code, and the limitation on obligations provided under
this heading, prior year recoveries recognized in the current year
shall be available to develop and deliver hazardous materials emergency
response training for emergency responders, including response
activities for the transportation of crude oil, ethanol, flammable
liquids, and other hazardous commodities by rail, consistent with
National Fire Protection Association standards, and to make such
training available through an electronic format: Provided further,
That the prior year recoveries made available under this heading shall
also be available to carry out sections 5116(a)(1)(C), 5116(h),
5116(i), 5116(j), and 5107(e) of title 49, United States Code.
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of Inspector General to carry
out the provisions of the Inspector General Act of 1978, as amended,
$108,073,000: Provided, That the Inspector General shall have all
necessary authority, in carrying out the duties specified in the
Inspector General Act, as amended (5 U.S.C. App.), to investigate
allegations of fraud, including false statements to the government (18
U.S.C. 1001), by any person or entity that is subject to regulation by
the Department of Transportation.
General Provisions--Department of Transportation
Sec. 180. (a) During the current fiscal year, applicable
appropriations to the Department of Transportation shall be available
for maintenance and operation of aircraft; hire of passenger motor
vehicles and aircraft; purchase of liability insurance for motor
vehicles operating in foreign countries on official department
business; and uniforms or allowances therefor, as authorized by
sections 5901 and 5902 of title 5, United States Code.
(b) During the current fiscal year, applicable appropriations to
the Department and its operating administrations shall be available for
the purchase, maintenance, operation, and deployment of unmanned
aircraft systems that advance the missions of the Department of
Transportation or an operating administration of the Department of
Transportation.
(c) Any unmanned aircraft system purchased, procured, or contracted
for by the Department prior to the date of enactment of this Act shall
be deemed authorized by Congress as if this provision was in effect
when the system was purchased, procured, or contracted for.
Sec. 181. Appropriations contained in this Act for the Department
of Transportation shall be available for services as authorized by
section 3109 of title 5, United States Code, but at rates for
individuals not to exceed the per diem rate equivalent to the rate for
an Executive Level IV.
Sec. 182. (a) No recipient of amounts made available by this Act
shall disseminate personal information (as defined in section 2725(3)
of title 18, United States Code) obtained by a State department of
motor vehicles in connection with a motor vehicle record as defined in
section 2725(1) of title 18, United States Code, except as provided in
section 2721 of title 18, United States Code, for a use permitted under
section 2721 of title 18, United States Code.
(b) Notwithstanding subsection (a), the Secretary shall not
withhold amounts made available by this Act for any grantee if a State
is in noncompliance with this provision.
Sec. 183. None of the funds made available by this Act shall be
available for salaries and expenses of more than 125 political and
Presidential appointees in the Department of Transportation: Provided,
That none of the personnel covered by this provision may be assigned on
temporary detail outside the Department of Transportation.
Sec. 184. Funds received by the Federal Highway Administration and
Federal Railroad Administration from States, counties, municipalities,
other public authorities, and private sources for expenses incurred for
training may be credited respectively to the Federal Highway
Administration's ``Federal-Aid Highways'' account and to the Federal
Railroad Administration's ``Safety and Operations'' account, except for
State rail safety inspectors participating in training pursuant to
section 20105 of title 49, United States Code.
Sec. 185. None of the funds made available by this Act or in title
VIII of division J of the Infrastructure Investment and Jobs Act
(Public Law 117-58) to the Department of Transportation may be used to
make a loan, loan guarantee, line of credit, letter of intent,
federally funded cooperative agreement, full funding grant agreement,
or discretionary grant unless the Secretary of Transportation notifies
the House and Senate Committees on Appropriations not less than 3 full
business days before any project competitively selected to receive any
discretionary grant award, letter of intent, loan commitment, loan
guarantee commitment, line of credit commitment, federally funded
cooperative agreement, or full funding grant agreement is announced by
the Department or its operating administrations: Provided, That the
Secretary of Transportation shall provide the House and Senate
Committees on Appropriations with a comprehensive list of all such
loans, loan guarantees, lines of credit, letters of intent, federally
funded cooperative agreements, full funding grant agreements, and
discretionary grants prior to the notification required under the
preceding proviso: Provided further, That the Secretary gives
concurrent notification to the House and Senate Committees on
Appropriations for any ``quick release'' of funds from the emergency
relief program: Provided further, That no notification shall involve
funds that are not available for obligation.
Sec. 186. Rebates, refunds, incentive payments, minor fees, and
other funds received by the Department of Transportation from travel
management centers, charge card programs, the subleasing of building
space, and miscellaneous sources are to be credited to appropriations
of the Department of Transportation and allocated to organizational
units of the Department of Transportation using fair and equitable
criteria and such funds shall be available until expended.
Sec. 187. Notwithstanding any other provision of law, if any funds
provided by or limited by this Act are subject to a reprogramming
action that requires notice to be provided to the House and Senate
Committees on Appropriations, transmission of such reprogramming notice
shall be provided solely to the House and Senate Committees on
Appropriations, and such reprogramming action shall be approved or
denied solely by the House and Senate Committees on Appropriations:
Provided, That the Secretary of Transportation may provide notice to
other congressional committees of the action of the House and Senate
Committees on Appropriations on such reprogramming but not sooner than
30 days after the date on which the reprogramming action has been
approved or denied by the House and Senate Committees on
Appropriations.
Sec. 188. Funds appropriated by this Act to the operating
administrations may be obligated for the Office of the Secretary for
the costs related to assessments or reimbursable agreements only when
such amounts are for the costs of goods and services that are purchased
to provide a direct benefit to the applicable operating administration
or administrations.
Sec. 189. The Secretary of Transportation is authorized to carry
out a program that establishes uniform standards for developing and
supporting agency transit pass and transit benefits authorized under
section 7905 of title 5, United States Code, including distribution of
transit benefits by various paper and electronic media.
Sec. 190. The Department of Transportation may use funds provided
by this Act, or any other Act, to assist a contract under title 49 or
23 of the United States Code utilizing geographic, economic, or any
other hiring preference not otherwise authorized by law, or to amend a
rule, regulation, policy or other measure that forbids a recipient of a
Federal Highway Administration or Federal Transit Administration grant
from imposing such hiring preference on a contract or construction
project with which the Department of Transportation is assisting, only
if the grant recipient certifies the following:
(1) that except with respect to apprentices or trainees, a
pool of readily available but unemployed individuals possessing
the knowledge, skill, and ability to perform the work that the
contract requires resides in the jurisdiction;
(2) that the grant recipient will include appropriate
provisions in its bid document ensuring that the contractor
does not displace any of its existing employees in order to
satisfy such hiring preference; and
(3) that any increase in the cost of labor, training, or
delays resulting from the use of such hiring preference does
not delay or displace any transportation project in the
applicable Statewide Transportation Improvement Program or
Transportation Improvement Program.
Sec. 191. The Secretary of Transportation shall coordinate with
the Secretary of Homeland Security to ensure that best practices for
Industrial Control Systems Procurement are up-to-date and shall ensure
that systems procured with funds provided under this title were
procured using such practices.
This title may be cited as the ``Department of Transportation
Appropriations Act, 2023''.
TITLE II
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Management and Administration
executive offices
For necessary salaries and expenses for Executive Offices, which
shall be comprised of the offices of the Secretary, Deputy Secretary,
Adjudicatory Services, Congressional and Intergovernmental Relations,
Public Affairs, Small and Disadvantaged Business Utilization, and the
Center for Faith-Based and Neighborhood Partnerships, $18,000,000, to
remain available until September 30, 2024: Provided, That not to
exceed $25,000 of the amount made available under this heading shall be
available to the Secretary of Housing and Urban Development (referred
to in this title as ``the Secretary'') for official reception and
representation expenses as the Secretary may determine.
administrative support offices
For necessary salaries and expenses for Administrative Support
Offices, $690,900,000, to remain available until September 30, 2024:
Provided, That of the sums appropriated under this heading--
(1) $97,000,000 shall be available for the Office of the
Chief Financial Officer;
(2) $126,100,000 shall be available for the Office of the
General Counsel, of which not less than $18,500,000 shall be
for the Departmental Enforcement Center;
(3) $239,566,000 shall be available for the Office of
Administration, of which not less than $3,500,000 may be for
modernization and deferred maintenance of the Weaver Building;
(4) $54,776,000 shall be available for the Office of the
Chief Human Capital Officer;
(5) $32,058,000 shall be available for the Office of the
Chief Procurement Officer;
(6) $66,200,000 shall be available for the Office of Field
Policy and Management;
(7) $5,000,000 shall be available for the Office of
Departmental Equal Employment Opportunity; and
(8) $70,200,000 shall be available for the Office of the
Chief Information Officer:
Provided further, That funds made available under this heading may be
used for necessary administrative and non-administrative expenses of
the Department, not otherwise provided for, including purchase of
uniforms, or allowances therefor, as authorized by sections 5901 and
5902 of title 5, United States Code; hire of passenger motor vehicles;
and services as authorized by section 3109 of title 5, United States
Code: Provided further, That notwithstanding any other provision of
law, funds appropriated under this heading may be used for advertising
and promotional activities that directly support program activities
funded in this title: Provided further, That the Secretary shall
provide the House and Senate Committees on Appropriations quarterly
written notification regarding the status of pending congressional
reports: Provided further, That the Secretary shall provide in
electronic form all signed reports required by Congress.
program offices
For necessary salaries and expenses for Program Offices,
$1,091,200,000, to remain available until September 30, 2024:
Provided, That of the sums appropriated under this heading--
(1) $285,900,000 shall be available for the Office of
Public and Indian Housing;
(2) $158,100,000 shall be available for the Office of
Community Planning and Development;
(3) $488,500,000 shall be available for the Office of
Housing, of which not less than $13,000,000 shall be for the
Office of Recapitalization;
(4) $41,600,000 shall be available for the Office of Policy
Development and Research;
(5) $105,800,000 shall be available for the Office of Fair
Housing and Equal Opportunity; and
(6) $11,300,000 shall be available for the Office of Lead
Hazard Control and Healthy Homes.
working capital fund
(including transfer of funds)
For the working capital fund for the Department of Housing and
Urban Development (referred to in this paragraph as the ``Fund''),
pursuant, in part, to section 7(f) of the Department of Housing and
Urban Development Act (42 U.S.C. 3535(f)), amounts transferred,
including reimbursements pursuant to section 7(f), to the Fund under
this heading shall be available only for Federal shared services used
by offices and agencies of the Department, and for any such portion of
any office or agency's printing, records management, space renovation,
furniture, or supply services the Secretary has determined shall be
provided through the Fund, and the operational expenses of the Fund:
Provided, That amounts within the Fund shall not be available to
provide services not specifically authorized under this heading:
Provided further, That upon a determination by the Secretary that any
other service (or portion thereof) authorized under this heading shall
be provided through the Fund, amounts made available in this title for
salaries and expenses under the headings ``Executive Offices'',
``Administrative Support Offices'', ``Program Offices'', and
``Government National Mortgage Association'', for such services shall
be transferred to the Fund, to remain available until expended:
Provided further, That the Secretary shall notify the House and Senate
Committees on Appropriations of its plans for executing such transfers
at least 15 days in advance of such transfers.
Public and Indian Housing
tenant-based rental assistance
For activities and assistance for the provision of tenant-based
rental assistance authorized under the United States Housing Act of
1937, as amended (42 U.S.C. 1437 et seq.) (in this title ``the Act''),
not otherwise provided for, $27,042,932,000, to remain available until
expended, which shall be available on October 1, 2022 (in addition to
the $4,000,000,000 previously appropriated under this heading that
shall be available on October 1, 2022), and $4,000,000,000, to remain
available until expended, which shall be available on October 1, 2023:
Provided, That the amounts made available under this heading are
provided as follows:
(1) $26,184,000,000 shall be available for renewals of
expiring section 8 tenant-based annual contributions contracts
(including renewals of enhanced vouchers under any provision of
law authorizing such assistance under section 8(t) of the Act)
and including renewal of other special purpose incremental
vouchers: Provided, That notwithstanding any other provision
of law, from amounts provided under this paragraph and any
carryover, the Secretary for the calendar year 2023 funding
cycle shall provide renewal funding for each public housing
agency based on validated voucher management system (VMS)
leasing and cost data for the prior calendar year and by
applying an inflation factor as established by the Secretary,
by notice published in the Federal Register, and by making any
necessary adjustments for the costs associated with the first-
time renewal of vouchers under this paragraph including tenant
protection and Choice Neighborhoods vouchers: Provided
further, That funds provided under this paragraph and prior
Acts may be used to fund a total number of unit months under
lease which exceeds a public housing agency's authorized level
of units under contract, except for public housing agencies
participating in the Moving to Work (MTW) demonstration, which
are instead governed in accordance with the requirements of the
MTW demonstration program or their MTW agreements, if any:
Provided further, That amounts repurposed pursuant to the
preceding proviso that were previously designated by the
Congress as an emergency requirement pursuant to the Balanced
Budget and Emergency Deficit Control Act of 1985 or a
concurrent resolution on the budget are designated as an
emergency requirement pursuant to section 4001(a)(1) of S. Con.
Res. 14 (117th Congress), the concurrent resolution on the
budget for fiscal year 2022, and section 1(e) of H. Res. 1151
(117th Congress) as engrossed in the House of Representatives
on June 8, 2022: Provided further, That costs associated with
any forgone increases in tenant rent payments due to the
implementation of rent incentives as authorized pursuant to
waivers or alternative requirements of the Jobs-Plus initiative
as described under the heading ``Self-Sufficiency Programs''
shall be renewed: Provided further, That costs associated with
any forgone increases in tenant rent payments due to the
implementation of rent incentives as authorized pursuant to
waivers or alternative requirements of the Jobs-Plus initiative
as described under the heading ``Self-Sufficiency Programs''
shall be renewed: Provided further, That the Secretary shall,
to the extent necessary to stay within the amount specified
under this paragraph (except as otherwise modified under this
paragraph), prorate each public housing agency's allocation
otherwise established pursuant to this paragraph: Provided
further, That except as provided in the following provisos, the
entire amount specified under this paragraph (except as
otherwise modified under this paragraph) shall be obligated to
the public housing agencies based on the allocation and pro
rata method described above, and the Secretary shall notify
public housing agencies of their annual budget by the latter of
60 days after the date of enactment of this Act or March 1,
2023: Provided further, That the Secretary may extend the
notification period with the prior written approval of the
House and Senate Committees on Appropriations: Provided
further, That public housing agencies participating in the MTW
demonstration shall be funded in accordance with the
requirements of the MTW demonstration program or their MTW
agreements, if any, and shall be subject to the same pro rata
adjustments under the preceding provisos: Provided further,
That the Secretary may offset public housing agencies' calendar
year 2023 allocations based on the excess amounts of public
housing agencies' net restricted assets accounts, including
HUD-held programmatic reserves (in accordance with VMS data in
calendar year 2022 that is verifiable and complete), as
determined by the Secretary: Provided further, That public
housing agencies participating in the MTW demonstration shall
also be subject to the offset, as determined by the Secretary,
excluding amounts subject to the single fund budget authority
provisions of their MTW agreements, from the agencies' calendar
year 2023 MTW funding allocation: Provided further, That the
Secretary shall use any offset referred to in the preceding two
provisos throughout the calendar year to prevent the
termination of rental assistance for families as the result of
insufficient funding, as determined by the Secretary, and to
avoid or reduce the proration of renewal funding allocations:
Provided further, That up to $100,000,000 shall be available
only: (1) for adjustments in the allocations for public housing
agencies, after application for an adjustment by a public
housing agency that experienced a significant increase, as
determined by the Secretary, in renewal costs of vouchers
resulting from unforeseen circumstances or from portability
under section 8(r) of the Act; (2) for vouchers that were not
in use during the previous 12-month period in order to be
available to meet a commitment pursuant to section 8(o)(13) of
the Act, or an adjustment for a funding obligation not yet
expended in the previous calendar year for a MTW-eligible
activity to develop affordable housing for an agency added to
the MTW demonstration under the expansion authority provided in
section 239 of the Transportation, Housing and Urban
Development, and Related Agencies Appropriations Act, 2016
(division L of Public Law 114-113); (3) for adjustments for
costs associated with HUD-Veterans Affairs Supportive Housing
(HUD-VASH) vouchers; (4) for public housing agencies that
despite taking reasonable cost savings measures, as determined
by the Secretary, would otherwise be required to terminate
rental assistance as a result of insufficient funding; (5) for
adjustments in the allocations for public housing agencies that
(i) are leasing a lower-than-average percentage of their
authorized vouchers, (ii) have low amounts of budget authority
in their net restricted assets accounts and HUD-held
programmatic reserves, relative to other agencies, and (iii)
are not participating in the Moving to Work demonstration, to
enable such agencies to lease more vouchers; (6) for withheld
payments in accordance with section 8(o)(8)(A)(ii) of the Act
for months in the previous calendar year that were subsequently
paid by the public housing agency after the agency's actual
costs were validated; and (7) for public housing agencies that
have experienced increased costs or loss of units in an area
for which the President declared a disaster under title IV of
the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5170 et seq.);
(2) $230,000,000 shall be for section 8 rental assistance
for relocation and replacement of housing units that are
demolished or disposed of pursuant to section 18 of the Act,
conversion of section 23 projects to assistance under section
8, the family unification program under section 8(x) of the
Act, relocation of witnesses (including victims of violent
crimes) in connection with efforts to combat crime in public
and assisted housing pursuant to a request from a law
enforcement or prosecution agency, enhanced vouchers under any
provision of law authorizing such assistance under section 8(t)
of the Act, Choice Neighborhood vouchers, mandatory and
voluntary conversions, and tenant protection assistance
including replacement and relocation assistance or for project-
based assistance to prevent the displacement of unassisted
elderly tenants currently residing in section 202 properties
financed between 1959 and 1974 that are refinanced pursuant to
Public Law 106-569, as amended, or under the authority as
provided under this Act: Provided, That of the amounts made
available under this paragraph, up to $10,000,000 shall be
available to provide public housing agencies with enhanced
vouchers for families residing in State-assisted projects
financed between 1970 and 1979 that were subject to a use
agreement under the Low-Income Housing Preservation and
Resident Homeownership Act of 1990 (title VI of Public Law 101-
625; LIHPRHA) or the Emergency Low Income Housing Preservation
Act of 1987 (title II of Public Law 100-242; ELIHPA) on the
date the affordability protections at such projects expire or
terminate during calendar years 2022 and 2023: Provided
further, That that the State housing finance agency shall
submit the request to the Secretary for enhanced vouchers for
families residing in such eligible State-assisted projects no
later than the latter of 120 days prior to the expiration or
termination of affordability protections at such projects or
120 days after enactment of this Act: Provided further, That
such enhanced vouchers shall not be considered replacement
vouchers: Provided further, That when a public housing
development is submitted for demolition or disposition under
section 18 of the Act, the Secretary may provide section 8
rental assistance when the units pose an imminent health and
safety risk to residents: Provided further, That the Secretary
may provide section 8 rental assistance from amounts made
available under this paragraph for units assisted under a
project-based subsidy contract funded under the ``Project-Based
Rental Assistance'' heading under this title where the owner
has received a Notice of Default and the units pose an imminent
health and safety risk to residents: Provided further, That to
the extent that the Secretary determines that such units are
not feasible for continued rental assistance payments or
transfer of the subsidy contract associated with such units to
another project or projects and owner or owners, any remaining
amounts associated with such units under such contract shall be
recaptured and such recaptured amounts, in an amount equal to
the cost of rental assistance provided pursuant to the previous
proviso, up to the total amounts recaptured, shall be
transferred to and merged with amounts under this paragraph:
Provided further, That of the amounts made available under this
paragraph, no less than $5,000,000 may be available to provide
tenant protection assistance, not otherwise provided under this
paragraph, to residents residing in low vacancy areas and who
may have to pay rents greater than 30 percent of household
income, as the result of: (A) the maturity of a HUD-insured,
HUD-held or section 202 loan that requires the permission of
the Secretary prior to loan prepayment; (B) the expiration of a
rental assistance contract for which the tenants are not
eligible for enhanced voucher or tenant protection assistance
under existing law; or (C) the expiration of affordability
restrictions accompanying a mortgage or preservation program
administered by the Secretary: Provided further, That such
tenant protection assistance made available under the preceding
proviso may be provided under the authority of section 8(t) or
section 8(o)(13) of the United States Housing Act of 1937 (42
U.S.C. 1437f(t)): Provided further, That the Secretary shall
issue guidance to implement the previous two provisos,
including, but not limited to, requirements for defining
eligible at-risk households not later than 60 days after the
date of enactment of this Act: Provided further, That any
tenant protection voucher made available from amounts under
this paragraph shall not be reissued by any public housing
agency, except the replacement vouchers as defined by the
Secretary by notice, when the initial family that received any
such voucher no longer receives such voucher, and the authority
for any public housing agency to issue any such voucher shall
cease to exist: Provided further, That the Secretary may only
provide replacement vouchers for units that were occupied
within the previous 24 months that cease to be available as
assisted housing, subject only to the availability of funds;
(3) $2,756,932,000 shall be for administrative and other
expenses of public housing agencies in administering the
section 8 tenant-based rental assistance program, of which up
to $10,000,000 shall be available to the Secretary to allocate
to public housing agencies that need additional funds to
administer their section 8 programs, including fees associated
with section 8 tenant protection rental assistance, the
administration of disaster related vouchers, HUD-VASH vouchers,
and other special purpose incremental vouchers: Provided, That
no less than $2,746,932,000 of the amount provided in this
paragraph shall be allocated to public housing agencies for the
calendar year 2023 funding cycle based on section 8(q) of the
Act (and related Appropriation Act provisions) as in effect
immediately before the enactment of the Quality Housing and
Work Responsibility Act of 1998 (Public Law 105-276): Provided
further, That if the amounts made available under this
paragraph are insufficient to pay the amounts determined under
the preceding proviso, the Secretary may decrease the amounts
allocated to agencies by a uniform percentage applicable to all
agencies receiving funding under this paragraph or may, to the
extent necessary to provide full payment of amounts determined
under the preceding proviso, utilize unobligated balances,
including recaptures and carryover, remaining from funds
appropriated to the Department of Housing and Urban Development
under this heading from prior fiscal years, excluding special
purpose vouchers, notwithstanding the purposes for which such
amounts were appropriated: Provided further, That all public
housing agencies participating in the MTW demonstration shall
be funded in accordance with the requirements of the MTW
demonstration program or their MTW agreements, if any, and
shall be subject to the same uniform percentage decrease as
under the preceding proviso: Provided further, That amounts
provided under this paragraph shall be only for activities
related to the provision of tenant-based rental assistance
authorized under section 8, including related development
activities;
(4) $667,000,000 for the renewal of tenant-based assistance
contracts under section 811 of the Cranston-Gonzalez National
Affordable Housing Act (42 U.S.C. 8013), including necessary
administrative expenses: Provided, That administrative and
other expenses of public housing agencies in administering the
special purpose vouchers in this paragraph shall be funded
under the same terms and be subject to the same pro rata
reduction as the percent decrease for administrative and other
expenses to public housing agencies under paragraph (3) of this
heading: Provided further, That up to $10,000,000 shall be
available only (1) for adjustments in the allocation for public
housing agencies, after applications for an adjustment by a
public housing agency that experienced a significant increase,
as determined by the Secretary, in Mainstream renewal costs
resulting from unforeseen circumstances, and (2) for public
housing agencies that despite taking reasonable cost savings
measures, as determined by the Secretary, would otherwise be
required to terminate the rental assistance for Mainstream
families as a result of insufficient funding: Provided
further, That the Secretary shall allocate amounts under the
preceding proviso based on need, as determined by the
Secretary: Provided further, That of the amounts made
available under this paragraph, up to $5,000,000 shall be
available for a pilot program for public housing agencies that
partner with administering entities under the Projects for
Assistance in Transition from Homelessness (PATH) program as
authorized by the Stewart B. McKinney Homeless Assistance
Amendments Act of 1990 or other eligible entities, as
determined by the Secretary, to assist persons with serious
mental illness: Provided further, That the amounts made
available in the preceding proviso shall be for incremental
rental voucher assistance, including project-based vouchers,
under such section 811 for non-elderly persons with serious
mental illness, and for administrative and other expenses of
public housing agencies: Provided further, That in awarding
assistance under such pilot program the Secretary may give
bonus points to public housing agencies giving preference to
individuals referred from the Coordinated Entry System (CES) or
operating a Family Self-Sufficiency program: Provided further,
That in administering such pilot program, the Secretary may
waive, or specify alternative requirements for, any provision
of any statute or regulation that the Secretary administers in
connection with the use of funds made available under such
pilot (except for requirements related to fair housing,
nondiscrimination, labor standards, and the environment), upon
a finding by the Secretary that any such waivers or alternative
requirements are necessary for the effective delivery and
administration of such voucher assistance: Provided further,
That upon turnover, section 811 special purpose vouchers funded
under this heading in this or prior Acts, or under any other
heading in prior Acts, shall be provided to non-elderly persons
with disabilities;
(5) Of the amounts provided under paragraph (1) up to
$5,000,000 shall be for rental assistance and associated
administrative fees for Tribal HUD-VASH to serve Native
American veterans that are homeless or at-risk of homelessness
living on or near a reservation or other Indian areas:
Provided, That such amount shall be made available for renewal
grants to recipients that received assistance under prior Acts
under the Tribal HUD-VASH program: Provided further, That the
Secretary shall be authorized to specify criteria for renewal
grants, including data on the utilization of assistance
reported by grant recipients: Provided further, That such
assistance shall be administered in accordance with program
requirements under the Native American Housing Assistance and
Self-Determination Act of 1996 and modeled after the HUD-VASH
program: Provided further, That the Secretary shall be
authorized to waive, or specify alternative requirements for
any provision of any statute or regulation that the Secretary
administers in connection with the use of funds made available
under this paragraph (except for requirements related to fair
housing, nondiscrimination, labor standards, and the
environment), upon a finding by the Secretary that any such
waivers or alternative requirements are necessary for the
effective delivery and administration of such assistance:
Provided further, That grant recipients shall report to the
Secretary on utilization of such rental assistance and other
program data, as prescribed by the Secretary: Provided
further, That the Secretary may reallocate, as determined by
the Secretary, amounts returned or recaptured from awards under
the Tribal HUD-VASH program under prior Acts to existing
recipients under the Tribal HUD-VASH program;
(6) $50,000,000 for incremental rental voucher assistance
for use through a supported housing program administered in
conjunction with the Department of Veterans Affairs as
authorized under section 8(o)(19) of the United States Housing
Act of 1937: Provided, That the Secretary of Housing and Urban
Development shall make such funding available, notwithstanding
section 203 (competition provision) of this title, to public
housing agencies that partner with eligible VA Medical Centers
or other entities as designated by the Secretary of the
Department of Veterans Affairs, based on geographical need for
such assistance as identified by the Secretary of the
Department of Veterans Affairs, public housing agency
administrative performance, and other factors as specified by
the Secretary of Housing and Urban Development in consultation
with the Secretary of the Department of Veterans Affairs:
Provided further, That of the amounts made available under this
paragraph, up to $5,000,000 may be allocated to public housing
agencies administering temporary case management and supportive
services to HUD-VASH eligible veterans that have not yet
received a referral from the Department of Veterans Affairs:
Provided further, That the Secretary of Housing and Urban
Development may waive, or specify alternative requirements for
(in consultation with the Secretary of the Department of
Veterans Affairs), any provision of any statute or regulation
that the Secretary of Housing and Urban Development administers
in connection with the use of funds made available under this
paragraph (except for requirements related to fair housing,
nondiscrimination, labor standards, and the environment), upon
a finding by the Secretary that any such waivers or alternative
requirements are necessary for the effective delivery and
administration of such voucher assistance: Provided further,
That assistance made available under this paragraph shall
continue to remain available for homeless veterans upon turn-
over;
(7) $30,000,000 shall be made available for the family
unification program as authorized under section 8(x) of the
Act: Provided, That the amounts made available under this
paragraph are provided as follows:
(A) $5,000,000 shall be for new incremental voucher
assistance: Provided, That the assistance made
available under this subparagraph shall continue to
remain available for family unification upon turnover;
and
(B) $25,000,000 shall be for new incremental
voucher assistance to assist eligible youth as defined
by such section 8(x)(2)(B): Provided, That assistance
made available under this subparagraph shall continue
to remain available for such eligible youth upon
turnover: Provided further, That of the total amount
made available under this subparagraph, up to
$15,000,000 shall be available on a noncompetitive
basis to public housing agencies that partner with
public child welfare agencies to identify such eligible
youth, that request such assistance to timely assist
such eligible youth, and that meet any other criteria
as specified by the Secretary: Provided further, That
the Secretary shall review utilization of the
assistance made available under the preceding proviso,
at an interval to be determined by the Secretary, and
unutilized voucher assistance that is no longer needed
shall be recaptured by the Secretary and reallocated
pursuant to the preceding proviso:
Provided further, That for any public housing agency
administering voucher assistance appropriated in a prior Act
under the family unification program, or made available and
competitively selected under this paragraph, that determines
that it no longer has an identified need for such assistance
upon turnover, such agency shall notify the Secretary, and the
Secretary shall recapture such assistance from the agency and
reallocate it to any other public housing agency or agencies
based on need for voucher assistance in connection with such
specified program or eligible youth, as applicable;
(8) $1,100,000,000 shall be made available for new
incremental voucher assistance under section 8(o) of the United
States Housing Act of 1937 to be allocated pursuant to a
method, as determined by the Secretary, which may include a
formula that may include such factors as severe cost burden,
overcrowding, substandard housing for very low-income renters,
homelessness, and administrative capacity, where such
allocation method shall include both rural and urban areas:
Provided, That the Secretary may specify additional terms and
conditions to ensure that public housing agencies provide
vouchers for use by survivors of domestic violence, or
individuals and families who are homeless, as defined in
section 103(a) of the McKinney-Vento Homeless Assistance Act
(42 U.S.C. 11302(a)), or at risk of homelessness, as defined in
section 401(1) of such Act (42 U.S.C. 11360(1));
(9) $25,000,000 shall be for mobility-related services, as
defined by the Secretary, for voucher families with children
modeled after services provided in connection with the mobility
demonstration authorized under section 235 of division G of the
Consolidated Appropriations Act, 2019 (42 U.S.C. 1437f note;
Public Law 116-6): Provided, That the Secretary shall make
funding available to public housing agencies on a competitive
basis and shall give preference to public housing agencies with
higher concentrations of housing choice voucher families with
children residing in high-poverty neighborhoods: Provided
further, That the Secretary may recapture from the public
housing agencies unused balances based on utilization of such
awards and reallocate such amounts to any other public housing
agency or agencies based on need for such mobility-related
services as identified under such competition; and
(10) the Secretary shall separately track all special
purpose vouchers funded under this heading: Provided, That the
Secretary may waive, or specify alternative requirements for,
any provision of any statute or regulation that the Secretary
administers in connection with the use of funds made available
for new incremental voucher assistance or renewals for the
Mainstream program, the HUD-VASH program (in consultation with
the Secretary of the Department of Veterans Affairs), and the
family unification program (including the Foster Youth to
Independence program) in this and prior Acts (except for
requirements related to fair housing, nondiscrimination, labor
standards, and the environment), upon a finding by the
Secretary that any such waivers or alternative requirements are
necessary for the effective delivery and administration of
voucher assistance in such respective programs.
housing certificate fund
(including rescissions)
Unobligated balances, including recaptures and carryover, remaining
from funds appropriated to the Department of Housing and Urban
Development under this heading, the heading ``Annual Contributions for
Assisted Housing'' and the heading ``Project-Based Rental Assistance'',
for fiscal year 2023 and prior years may be used for renewal of or
amendments to section 8 project-based contracts and for performance-
based contract administrators, notwithstanding the purposes for which
such funds were appropriated: Provided, That any obligated balances of
contract authority from fiscal year 1974 and prior fiscal years that
have been terminated shall be rescinded: Provided further, That
amounts heretofore recaptured, or recaptured during the current fiscal
year, from section 8 project-based contracts from source years fiscal
year 1975 through fiscal year 1987 are hereby rescinded, and an amount
of additional new budget authority, equivalent to the amount rescinded
is hereby appropriated, to remain available until expended, for the
purposes set forth under this heading, in addition to amounts otherwise
available.
public housing fund
For 2023 payments to public housing agencies for the operation and
management of public housing, as authorized by section 9(e) of the
United States Housing Act of 1937 (42 U.S.C. 1437g(e)) (the ``Act''),
and to carry out capital and management activities for public housing
agencies, as authorized under section 9(d) of the Act (42 U.S.C.
1437g(d)), $8,733,500,000, to remain available until September 30,
2026: Provided, That the amounts made available under this heading are
provided as follows:
(1) $5,038,500,000 shall be available to the Secretary to
allocate pursuant to the Operating Fund formula at part 990 of
title 24, Code of Federal Regulations, for 2023 payments:
Provided, That the amount of any forgone increases in tenant
rent payments due to the implementation of rent incentives as
authorized pursuant to waivers or alternative requirements of
the Jobs-Plus initiative as described under the heading ``Self-
Sufficiency Programs'' shall be factored into the PHA's general
operating fund eligibility pursuant to such formula;
(2) $25,000,000 shall be available to the Secretary to
allocate pursuant to a need-based application process
notwithstanding section 203 of this title and not subject to
such Operating Fund formula to public housing agencies that
experience, or are at risk of, financial shortfalls, as
determined by the Secretary: Provided, That after all such
shortfall needs are met, the Secretary may distribute any
remaining funds to all public housing agencies on a pro-rata
basis pursuant to such Operating Fund formula;
(3) $3,400,000,000 shall be available to the Secretary to
allocate pursuant to the Capital Fund formula at section
905.400 of title 24, Code of Federal Regulations: Provided,
That for funds provided under this paragraph, the limitation in
section 9(g)(1) of the Act shall be 25 percent: Provided
further, That the Secretary may waive the limitation in the
preceding proviso to allow public housing agencies to fund
activities authorized under section 9(e)(1)(C) of the Act:
Provided further, That the Secretary shall notify public
housing agencies requesting waivers under the preceding proviso
if the request is approved or denied within 14 days of
submitting the request: Provided further, That from the funds
made available under this paragraph, the Secretary shall
provide bonus awards in fiscal year 2023 to public housing
agencies that are designated high performers: Provided
further, That the Department shall notify public housing
agencies of their formula allocation within 60 days of
enactment of this Act;
(4) $65,000,000 shall be available for the Secretary to
make grants, notwithstanding section 203 of this title, to
public housing agencies for emergency capital needs, including
safety and security measures necessary to address crime and
drug-related activity, as well as needs resulting from
unforeseen or unpreventable emergencies and natural disasters
excluding Presidentially declared emergencies and natural
disasters under the Robert T. Stafford Disaster Relief and
Emergency Act (42 U.S.C. 5121 et seq.) occurring in fiscal year
2023, of which $45,000,000 shall be available for public
housing agencies under administrative and judicial
receiverships or under the control of a Federal monitor:
Provided, That of the amount made available under this
paragraph, not less than $10,000,000 shall be for safety and
security measures: Provided further, That in addition to the
amount in the preceding proviso for such safety and security
measures, any amounts that remain available, after all
applications received on or before September 30, 2024, for
emergency capital needs have been processed, shall be allocated
to public housing agencies for such safety and security
measures;
(5) $65,000,000 shall be for competitive grants to public
housing agencies to evaluate and reduce residential health
hazards in public housing, including lead-based paint (by
carrying out the activities of risk assessments, abatement, and
interim controls, as those terms are defined in section 1004 of
the Residential Lead-Based Paint Hazard Reduction Act of 1992
(42 U.S.C. 4851b)), carbon monoxide, mold, radon, and fire
safety: Provided, That not less than $25,000,000 of the
amounts provided under this paragraph shall be awarded for
evaluating and reducing lead-based paint hazards: Provided
further, That for purposes of environmental review, a grant
under this paragraph shall be considered funds for projects or
activities under title I of the United States Housing Act of
1937 (42 U.S.C. 1437 et seq.) for purposes of section 26 of
such Act (42 U.S.C. 1437x) and shall be subject to the
regulations implementing such section: Provided further, That
amounts made available under this paragraph shall be combined
with amounts made available under the sixth paragraph under
this heading in the Consolidated Appropriations Act, 2021
(Public Law 116-260) and shall be used in accordance with the
purposes and requirements under this paragraph: Provided
further, That amounts made available under this paragraph may
be used for competitive grants to public housing agencies that
improve water and energy efficiency, or reduce the risk of harm
to occupants or property from natural hazards;
(6) $15,000,000 shall be to support the costs of
administrative and judicial receiverships and for competitive
grants to PHAs in receivership, designated troubled or
substandard, or otherwise at risk, as determined by the
Secretary, for costs associated with public housing asset
improvement, in addition to other amounts for that purpose
provided under any heading under this title;
(7) $50,000,000 shall be to support ongoing public housing
financial and physical assessment activities;
(8) $75,000,000 shall be available to improve the energy or
water efficiency or climate resilience of public housing,
including for competitive grants to public housing agencies for
capital improvements to achieve such purposes: Provided, That
of the amounts made available under this paragraph, up to
$20,000,000, shall be available for utility benchmarking,
including research and evaluations, technical assistance, to
develop systems and tools necessary to collect and analyze PHA
utility benchmarking data, to remain available until September
30, 2026: Provided further, That for purposes of environmental
review, grants under this paragraph shall be considered funds
for projects or activities under title I of the United States
Housing Act of 1937 (42 U.S.C. 1437 et seq.) for purposes of
section 26 of such Act (42 U.S.C. 1437x) and shall be subject
to the regulations implementing such section:
Provided further, That notwithstanding any other provision of law or
regulation, during fiscal year 2023, the Secretary of Housing and Urban
Development may not delegate to any Department official other than the
Deputy Secretary and the Assistant Secretary for Public and Indian
Housing any authority under paragraph (2) of section 9(j) of the Act
regarding the extension of the time periods under such section:
Provided further, That for purposes of such section 9(j), the term
``obligate'' means, with respect to amounts, that the amounts are
subject to a binding agreement that will result in outlays, immediately
or in the future.
choice neighborhoods initiative
For competitive grants under the Choice Neighborhoods Initiative
(subject to section 24 of the United States Housing Act of 1937 (42
U.S.C. 1437v) unless otherwise specified under this heading), for
transformation, rehabilitation, and replacement housing needs of public
and HUD-assisted housing and to transform neighborhoods of poverty into
functioning, sustainable, mixed-income neighborhoods with appropriate
services, schools, public assets, transportation, and access to jobs,
$450,000,000, to remain available until September 30, 2027: Provided,
That grant funds may be used for resident and community services,
community development, and affordable housing needs in the community,
and for conversion of vacant or foreclosed properties to affordable
housing: Provided further, That not more than 20 percent of the amount
of any grant made with amounts made available under this heading may be
used for necessary supportive services notwithstanding subsection
(d)(1)(L) of such section 24: Provided further, That the use of
amounts made available under this heading shall not be deemed to be for
public housing, notwithstanding section 3(b)(1) of such Act: Provided
further, That grantees shall commit to an additional period of
affordability determined by the Secretary of not fewer than 20 years:
Provided further, That the Secretary may specify a period of
affordability that is less than 20 years with respect to owner-occupied
homeownership units developed with grants from amounts made available
under this heading: Provided further, That grantees shall provide a
match in State, local, other Federal, or private funds: Provided
further, That grantees may include local governments, Tribal entities,
public housing agencies, and nonprofit organizations: Provided
further, That for-profit developers may apply jointly with a public
entity: Provided further, That for purposes of environmental review, a
grantee shall be treated as a public housing agency under section 26 of
the United States Housing Act of 1937 (42 U.S.C. 1437x), and grants
made with amounts available under this heading shall be subject to the
regulations issued by the Secretary to implement such section:
Provided further, That of the amounts made available under this
heading, not less than $225,000,000 shall be awarded to public housing
agencies: Provided further, That such grantees shall create
partnerships with other local organizations, including assisted housing
owners, service agencies, and resident organizations: Provided
further, That the Secretary shall consult with the Secretaries of
Education, Labor, Transportation, Health and Human Services,
Agriculture, and Commerce, the Attorney General, and the Administrator
of the Environmental Protection Agency to coordinate and leverage other
appropriate Federal resources: Provided further, That not more than
$10,000,000 of the amounts made available under this heading may be
provided as grants to undertake comprehensive local planning with input
from residents and the community: Provided further, That unobligated
balances, including recaptures, remaining from amounts made available
under the heading ``Revitalization of Severely Distressed Public
Housing (HOPE VI)'' in fiscal year 2011 and prior fiscal years may be
used for purposes under this heading, notwithstanding the purposes for
which such amounts were appropriated: Provided further, That the
Secretary shall make grant awards not later than 1 year after the date
of enactment of this Act in such amounts that the Secretary determines:
Provided further, That notwithstanding section 24(o) of the United
States Housing Act of 1937 (42 U.S.C. 1437v(o)), the Secretary may,
until September 30, 2023, obligate any available unobligated balances
made available under this heading in this or any prior Act.
self-sufficiency programs
For activities and assistance related to Self-Sufficiency Programs,
to remain available until September 30, 2026, $175,000,000: Provided,
That the amounts made available under this heading are provided as
follows:
(1) $125,000,000 shall be for the Family Self-Sufficiency
program to support family self-sufficiency coordinators under
section 23 of the United States Housing Act of 1937 (42 U.S.C.
1437u), to promote the development of local strategies to
coordinate the use of assistance under sections 8 and 9 of such
Act with public and private resources, and enable eligible
families to achieve economic independence and self-sufficiency:
Provided, That the Secretary may, by Federal Register notice,
waive or specify alternative requirements under subsections
(b)(3), (b)(4), (b)(5), or (c)(1) of section 23 of such Act in
order to facilitate the operation of a unified self-sufficiency
program for individuals receiving assistance under different
provisions of such Act, as determined by the Secretary:
Provided further, That an owner or sponsor of a multifamily
property receiving project-based rental assistance under
section 8 of such Act shall be eligible to receive awards from
the Secretary under this paragraph in this and prior Acts to
support family self-sufficiency coordinators as established in
the final rule ``Streamlining and Implementation of Economic
Growth, Regulatory Relief, and Consumer Protection Act Changes
to Family Self-Sufficiency (FSS) Program'' published in the
Federal Register on May 17, 2022 (87 Fed. Reg. 30020):
Provided further, That owners or sponsors of a multifamily
property receiving project-based rental assistance under
section 8 of such Act may voluntarily make a Family Self-
Sufficiency program available to the assisted tenants of such
property in accordance with procedures established by the
Secretary: Provided further, That such procedures established
pursuant to the preceding proviso shall permit participating
tenants to accrue escrow funds in accordance with section
23(d)(2) of such Act and shall allow owners to use funding from
residual receipt accounts to hire coordinators for their own
Family Self-Sufficiency program;
(2) $35,000,000 shall be for the Resident Opportunity and
Self-Sufficiency program to provide for supportive services,
service coordinators, and congregate services as authorized by
section 34 of the United States Housing Act of 1937 (42 U.S.C.
1437z-6) and the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4101 et seq.): Provided,
That amounts made available under this paragraph may be made
available for grant renewal for the Resident Opportunity and
Self-Sufficiency program for any public housing agency or owner
of a multifamily property receiving project-based rental
assistance under section 8 of the United States Housing Act of
1937 (42 U.S.C. 1437f) that lost any amount of funding for the
Resident Opportunity and Self-Sufficiency program as a result
of participation in the program created under the heading
``Rental Assistance Demonstration'' in the Department of
Housing and Urban Development Appropriations Act, 2012 (Public
Law 112-55), as amended (42 U.S.C. 1437f note); and
(3) $15,000,000 shall be for a Jobs-Plus initiative,
modeled after the Jobs-Plus demonstration: Provided, That
funding provided under this paragraph shall be available for
competitive grants to partnerships between public housing
authorities or owners or sponsors of multifamily properties
receiving project-based rental assistance under section 8,
that, in partnership with local workforce investment boards
established under section 107 of the Workforce Innovation and
Opportunity Act of 2014 (29 U.S.C. 3122), and other agencies
and organizations provide support to help public housing
residents, or tenants residing in units assisted under a
project-based section 8 contract (including section 8(o)(13) of
the United States Housing Act of 1937), obtain employment or
increase earnings, or both: Provided further, That applicants
must demonstrate the ability to provide services to residents,
partner with workforce investment boards, and leverage service
dollars: Provided further, That the Secretary may allow public
housing agencies to request exemptions from rent and income
limitation requirements under sections 3 and 6 of the United
States Housing Act of 1937 (42 U.S.C. 1437a, 1437d), as
necessary to implement the Jobs-Plus program, on such terms and
conditions as the Secretary may approve upon a finding by the
Secretary that any such waivers or alternative requirements are
necessary for the effective implementation of the Jobs-Plus
initiative as a voluntary program for residents: Provided
further, That the Secretary shall publish by notice in the
Federal Register any waivers or alternative requirements
pursuant to the preceding proviso no later than 10 days before
the effective date of such notice: Provided further, That the
costs of any rent incentives as authorized pursuant to such
waivers or alternative requirements shall not be charged
against the competitive grant amounts made available under this
paragraph.
native american programs
For activities and assistance authorized under title I of the
Native American Housing Assistance and Self-Determination Act of 1996
(in this heading ``NAHASDA'') (25 U.S.C. 4111 et seq.), title I of the
Housing and Community Development Act of 1974 (42 U.S.C. 5301 et seq.)
with respect to Indian tribes, and related training and technical
assistance, $1,000,000,000, to remain available until September 30,
2027: Provided, That the amounts made available under this heading are
provided as follows:
(1) $772,000,000 shall be for the Native American Housing
Block Grants program, as authorized under title I of NAHASDA:
Provided, That, notwithstanding NAHASDA, to determine the
amount of the allocation under title I of such Act for each
Indian tribe, the Secretary shall apply the formula under
section 302 of such Act with the need component based on
single-race census data and with the need component based on
multi-race census data, and the amount of the allocation for
each Indian tribe shall be the greater of the two resulting
allocation amounts: Provided further, That the Secretary shall
notify grantees of their formula allocation not later than 60
days after the date of enactment of this Act;
(2) $150,000,000 shall be for competitive grants under the
Native American Housing Block Grants program, as authorized
under title I of NAHASDA: Provided, That the Secretary shall
obligate such amount for competitive grants to eligible
recipients authorized under NAHASDA that apply for funds:
Provided further, That in awarding amounts made available in
this paragraph, the Secretary shall consider need and
administrative capacity, and shall give priority to projects
that will spur construction and rehabilitation of housing:
Provided further, That a grant funded pursuant to this
paragraph shall be in an amount not greater than $7,500,000:
Provided further, That any amounts transferred for the
necessary costs of administering and overseeing the obligation
and expenditure of such amounts in prior Acts may also be used
for the necessary costs of administering and overseeing such
amounts;
(3) $1,000,000 shall be for the cost of guaranteed notes
and other obligations, as authorized by title VI of NAHASDA:
Provided, That such costs, including the cost of modifying such
notes and other obligations, shall be as defined in section 502
of the Congressional Budget Act of 1974 (2 U.S.C. 661a):
Provided further, That amounts made available in this and prior
Acts for the cost of such guaranteed notes and other
obligations, that are unobligated, including recaptures and
carryover, shall be available to subsidize the total principal
amount of any notes and other obligations, any part of which is
to be guaranteed, not to exceed $50,000,000, to remain
available until September 30, 2024;
(4) $70,000,000 shall be for grants to Indian tribes for
carrying out the Indian Community Development Block Grant
program under title I of the Housing and Community Development
Act of 1974, notwithstanding section 106(a)(1) of such Act, of
which, notwithstanding any other provision of law (including
section 203 of this Act), not more than $5,000,000 may be used
for emergencies that constitute imminent threats to health and
safety: Provided, That not to exceed 20 percent of any grant
made with amounts made available in this paragraph shall be
expended for planning and management development and
administration; and
(5) $7,000,000, in addition to amounts otherwise available
for such purposes, shall be for providing training and
technical assistance to Indian tribes, Indian housing
authorities, and tribally designated housing entities, to
support the inspection of Indian housing units, for contract
expertise, and for training and technical assistance related to
amounts made available under this heading and other headings in
this Act for the needs of Native American families and Indian
country: Provided, That of the amounts made available in this
paragraph, not less than $2,000,000 shall be for a national
organization as authorized under section 703 of NAHASDA (25
U.S.C. 4212): Provided further, That amounts made available in
this paragraph may be used, contracted, or competed as
determined by the Secretary: Provided further, That
notwithstanding chapter 63 of title 31, United States Code
(commonly known as the Federal Grant and Cooperative Agreements
Act of 1977), the amounts made available in this paragraph may
be used by the Secretary to enter into cooperative agreements
with public and private organizations, agencies, institutions,
and other technical assistance providers to support the
administration of negotiated rulemaking under section 106 of
NAHASDA (25 U.S.C. 4116), the administration of the allocation
formula under section 302 of NAHASDA (25 U.S.C. 4152), and the
administration of performance tracking and reporting under
section 407 of NAHASDA (25 U.S.C. 4167).
indian housing loan guarantee fund program account
For the cost of guaranteed loans, as authorized by section 184 of
the Housing and Community Development Act of 1992 (12 U.S.C. 1715z-
13a), $5,521,000, to remain available until expended: Provided, That
such costs, including the costs of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of 1974 (2
U.S.C. 661a): Provided further, That amounts made available in this
and prior Acts for the cost of guaranteed loans, as authorized by
section 184 of the Housing and Community Development Act of 1992 (12
U.S.C. 1715z-13a), that are unobligated, including recaptures and
carryover, shall be available to subsidize total loan principal, any
part of which is to be guaranteed, not to exceed $1,400,000,000, to
remain available until September 30, 2024.
native hawaiian housing block grant
For the Native Hawaiian Housing Block Grant program, as authorized
under title VIII of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4221 et seq.), $10,000,000, to
remain available until September 30, 2027: Provided, That
notwithstanding section 812(b) of such Act, the Department of Hawaiian
Home Lands may not invest grant amounts made available under this
heading in investment securities and other obligations: Provided
further, That amounts made available under this heading in this and
prior fiscal years may be used to provide rental assistance to eligible
Native Hawaiian families both on and off the Hawaiian Home Lands,
notwithstanding any other provision of law.
native hawaiian housing loan guarantee fund program account
New commitments to guarantee loans, as authorized by section 184A
of the Housing and Community Development Act of 1992 (12 U.S.C. 1715z-
13b), any part of which is to be guaranteed, shall not exceed
$28,000,000, to remain available until September 30, 2024, in total
loan principal: Provided, That the Secretary may enter into
commitments to guarantee loans used for refinancing.
Community Planning and Development
housing opportunities for persons with aids
For carrying out the Housing Opportunities for Persons with AIDS
program, as authorized by the AIDS Housing Opportunity Act (42 U.S.C.
12901 et seq.), $600,000,000, to remain available until September 30,
2024, except that amounts allocated pursuant to section 854(c)(5) of
such Act shall remain available until September 30, 2025: Provided,
That the Department shall notify grantees of their formula allocation
within 60 days of enactment of this Act.
community development fund
For assistance to States and units of general local government, and
other entities, for economic and community development activities, and
other purposes, $5,299,157,664, to remain available until September 30,
2026, unless otherwise specified: Provided, That of the total amount
provided under this heading, $3,300,000,000 is for carrying out the
community development block grant program under title I of the Housing
and Community Development Act of 1974, as amended (42 U.S.C. 5301 et
seq.) (in this heading ``the Act''): Provided further, That unless
explicitly provided for under this heading, not to exceed 20 percent of
any grant made with funds made available under this heading shall be
expended for planning and management development and administration:
Provided further, That a metropolitan city, urban county, unit of
general local government, or insular area that directly or indirectly
receives funds under this heading may not sell, trade, or otherwise
transfer all or any portion of such funds to another such entity in
exchange for any other funds, credits, or non-Federal considerations,
but shall use such funds for activities eligible under title I of the
Act: Provided further, That notwithstanding section 105(e)(1) of the
Act, no funds made available under this heading may be provided to a
for-profit entity for an economic development project under section
105(a)(17) unless such project has been evaluated and selected in
accordance with guidelines required under subsection (e)(2) of section
105: Provided further, That of the total amount provided under this
heading, $25,000,000 shall be for activities authorized under section
8071 of the SUPPORT for Patients and Communities Act (Public Law 115-
271): Provided further, That the funds allocated pursuant to the
preceding proviso shall not adversely affect the amount of any formula
assistance received by a State under the first proviso: Provided
further, That the Secretary shall allocate the funds for such
activities based on the notice establishing the funding formula
published in 84 FR 16027 (April 17, 2019) except that the formula shall
use age-adjusted rates of drug overdose deaths for 2019 based on data
from the Centers for Disease Control and Prevention: Provided further,
That of the total amount made available under this heading,
$1,974,157,664 shall be available for grants for the Economic
Development Initiative (EDI) for the purposes, and in amounts,
specified for Community Project Funding in the table titled
``Transportation, Housing and Urban Development Incorporation of
Community Project Funding Items'' included in the report accompanying
this Act: Provided further, That none of the amounts made available in
the preceding proviso shall be used for reimbursement of expenses
incurred prior to the obligation of funds: Provided further, That the
Department of Housing and Urban Development shall notify grantees of
their formula allocation within 60 days of enactment of this Act:
Provided further, That for fiscal year 2023 section 105(a)(8) of the
Act (42 U.S.C. 5305(a)(8)) and section 570.201(e) of title 24, Code of
Federal Regulations, shall not apply for public services activities to
prevent, prepare for, and respond to homelessness and emergency rental
assistance needs.
community development loan guarantees program account
Subject to section 502 of the Congressional Budget Act of 1974 (2
U.S.C. 661a), during fiscal year 2023, commitments to guarantee loans
under section 108 of the Housing and Community Development Act of 1974
(42 U.S.C. 5308), any part of which is guaranteed, shall not exceed a
total principal amount of $300,000,000, notwithstanding any aggregate
limitation on outstanding obligations guaranteed in subsection (k) of
such section 108: Provided, That the Secretary shall collect fees from
borrowers, notwithstanding subsection (m) of such section 108, to
result in a credit subsidy cost of zero for guaranteeing such loans,
and any such fees shall be collected in accordance with section 502(7)
of the Congressional Budget Act of 1974: Provided further, That such
commitment authority funded by fees may be used to guarantee, or make
commitments to guarantee, notes or other obligations issued by any
State on behalf of non-entitlement communities in the State in
accordance with the requirements of such section 108: Provided
further, That any State receiving such a guarantee or commitment under
the preceding proviso shall distribute all funds subject to such
guarantee to the units of general local government in non-entitlement
areas that received the commitment: Provided further, That
$60,000,000, to remain available until September 30, 2025, shall be for
competitive economic development grants, as authorized by section
108(q) of the Housing and Community Development Act of 1974, as
amended, for projects that improve community resilience by supporting
distributed clean energy plus storage, flood-control infrastructure, or
redevelopment of brownfields or grayfields, such as foreclosed, vacant,
contaminated, abandoned, or blighted properties, obsolete manufactured
housing, vacant shopping malls, landfills, or otherwise underutilized
commercial or industrial properties: Provided further, That no funds
made available under this heading may be used to establish loan loss
reserves for the section 108 Community Development Loan Guarantee
program: Provided further, That amounts made available under this
heading may be used for the payment of costs associated with private
sector financing of debt obligations and fees collected in connection
with the section 108 Community Development Loan Guarantee program.
home investment partnerships program
For the HOME Investment Partnerships program, as authorized under
title II of the Cranston-Gonzalez National Affordable Housing Act, as
amended (42 U.S.C. 12721 et seq.), $1,675,000,000, to remain available
until September 30, 2026: Provided, That of the amount made available
under this heading, up to $50,000,000 shall be for awards to States and
insular areas for assistance to homebuyers as authorized under section
212(a)(1) of such Act (42 U.S.C. 12742(a)(1)), in addition to amounts
made otherwise available for such purpose: Provided further, That
amounts made available under the preceding proviso shall be allocated
in the same manner as other amounts made available under this heading,
except that amounts that would have been reserved and allocated to
units of general local government within the State pursuant to section
217 of such Act (42 U.S.C. 12747) shall be provided to the State:
Provided further, That the Secretary may waive or specify alternative
requirements for any provision of such Act in connection with the use
of amounts made available under the preceding two provisos (except for
requirements related to fair housing, nondiscrimination, labor
standards, and the environment) upon a finding that any such waivers or
alternative requirements are necessary to expedite or facilitate the
use of amounts awarded pursuant to the preceding provisos: Provided
further, That notwithstanding section 231(b) of such Act (24 U.S.C.
12771(b)), all unobligated balances remaining from amounts recaptured
pursuant to such section that remain available until expended shall be
combined with amounts made available under this heading and allocated
in accordance with the formula under section 217(b)(1)(A) of such Act
(42 U.S.C. 12747(b)(1)(A)): Provided further, That the Department
shall notify grantees of their formula allocations not later than 60
days after enactment of this Act: Provided further, That section
218(g) of such Act (42 U.S.C. 12748(g)) shall not apply with respect to
the right of a jurisdiction to draw funds from its HOME Investment
Trust Fund that otherwise expired or would expire in any calendar year
from 2016 through 2025 under that section: Provided further, That
section 231(b) of such Act (42 U.S.C. 12771(b)) shall not apply to any
uninvested funds that otherwise were deducted or would be deducted from
the line of credit in the participating jurisdiction's HOME Investment
Trust Fund in any calendar year from 2018 through 2025 under that
section.
preservation and reinvestment initiative for community enhancement
For competitive grants to preserve and revitalize manufactured
housing and eligible manufactured housing communities (including pre-
1976 mobile homes) under title I of the Housing and Community
Development Act of 1974, as amended (42 U.S.C. 5301 et seq.),
$500,000,000, to remain available until September 30, 2027: Provided,
That recipients of grants provided with amounts made available under
this heading shall be States, units of general local government,
resident-owned manufactured housing communities, cooperatives,
nonprofit entities including consortia of nonprofit entities, community
development financial institutions, Indian Tribes and Tribally
designated housing entities, or other entities approved by the
Secretary: Provided further, That the Secretary may approve entities
for selection that partner with one or several residents of such
eligible communities or that propose to implement a grant program that
would assist residents of such eligible communities: Provided further,
That eligible uses of such grants may include infrastructure, planning,
resident and community services (including relocation assistance and
eviction prevention), resiliency activities, and providing other
assistance to residents or owners of manufactured homes, which may
include providing assistance for manufactured housing land and site
acquisition: Provided further, That, except as determined by the
Secretary, participation in this program shall not encumber the future
transfer of title or use of property by the residents, owners, or
communities: Provided further, That when selecting recipients, the
Secretary shall prioritize applications that primarily benefit low- or
moderately low-income residents and preserve long-term housing
affordability for residents of manufactured housing or a manufactured
housing community: Provided further, That eligible manufactured
housing communities may include those that are--
(1) owned by the residents of the manufactured housing community
through a resident-controlled entity, as defined by the Secretary; or
(2) determined by the Secretary to be subject to binding agreements
that will preserve the community and maintain affordability on a long-
term basis:
Provided further, That, of the amounts made available under this
heading, $50,000,000 shall be for a pilot program for the Secretary to
provide grants to assist in the redevelopment of manufactured housing
communities (including pre-1976 mobile homes) as replacement housing
that is affordable, as defined by the Secretary: Provided further,
That each such redevelopment project shall provide, for each unit of
single-family manufactured housing (including pre-1976 mobile homes)
replaced under the project, up to 4 dwelling units of such affordable
housing: Provided further, That the Secretary shall define eligible
activities for grant assistance under the pilot program, which may
include relocation assistance or buy-outs for residents of a
manufactured housing community or downpayment assistance for such
residents: Provided further, That the Secretary shall require each
grantee under the pilot program to supplement the amount of the grant
with non-Federal amounts exceeding 50 percent of the grant: Provided
further, That resiliency activities means the reconstruction, repair,
or replacement of manufactured housing and manufactured housing
communities to protect the health and safety of manufactured housing
residents and to address weatherization and energy efficiency needs,
except that for pre-1976 mobile homes, funds made available under this
heading may be used only for replacement: Provided further, That the
Secretary may waive or specify alternative requirements for any
provision of any statute or regulation that the Secretary administers
in connection with the use of amounts made available under this heading
(except for requirements related to fair housing, nondiscrimination,
labor standards, and the environment), upon a finding that such waiver
or alternative requirement is necessary to facilitate the use of such
amounts.
self-help and assisted homeownership opportunity program
For the Self-Help and Assisted Homeownership Opportunity Program,
as authorized under section 11 of the Housing Opportunity Program
Extension Act of 1996 (42 U.S.C. 12805 note), and for related
activities and assistance, $62,500,000, to remain available until
September 30, 2025: Provided, That the amounts made available under
this heading are provided as follows:
(1) $12,500,000 shall be for the Self-Help Homeownership
Opportunity Program as authorized under such section 11;
(2) $45,000,000 shall be for the second, third, and fourth
capacity building entities specified in section 4(a) of the HUD
Demonstration Act of 1993 (42 U.S.C. 9816 note), of which not
less than $5,000,000 shall be for rural capacity building
activities: Provided, That for purposes of awarding grants
from amounts made available in this paragraph, the Secretary
may enter into multiyear agreements, as appropriate, subject to
the availability of annual appropriations; and
(3) $5,000,000 shall be for capacity building by national
rural housing organizations having experience assessing
national rural conditions and providing financing, training,
technical assistance, information, and research to local
nonprofit organizations, local governments, and Indian Tribes
serving high need rural communities.
homeless assistance grants
For assistance under title IV of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11360 et seq.), $3,604,000,000, to remain
available until September 30, 2025: Provided, That of the amounts made
available under this heading--
(1) $290,000,000 shall be for the Emergency Solutions
Grants program authorized under subtitle B of such title IV (42
U.S.C. 11371 et seq.): Provided, That the Department shall
notify grantees of their formula allocation from amounts
allocated (which may represent initial or final amounts
allocated) for the Emergency Solutions Grant program not later
than 60 days after enactment of this Act;
(2) $3,200,000,000 shall be for the Continuum of Care
program authorized under subtitle C of such title IV (42 U.S.C.
11381 et seq.) and the Rural Housing Stability Assistance
programs authorized under subtitle D of such title IV (42
U.S.C. 11408): Provided, That the Secretary shall prioritize
funding under the Continuum of Care program to continuums of
care that have demonstrated a capacity to reallocate funding
from lower performing projects to higher performing projects:
Provided further, That the Secretary shall provide incentives
to create projects that coordinate with housing providers and
healthcare organizations to provide permanent supportive
housing and rapid re-housing services: Provided further, That
for fiscal year 2023 the Secretary may establish by notice an
alternative maximum amount for administrative costs related to
the requirements described in paragraphs (1) and (2) of section
402(f) of subtitle A of such title IV of no more than 5 percent
or $50,000, whichever is greater, notwithstanding the 3 percent
limitation in section 423(a)(10) of such subtitle C: Provided
further, That of the amounts made available for the Continuum
of Care program under this paragraph, not less than $75,000,000
shall be for grants for new rapid re-housing projects and
supportive service projects providing coordinated entry, and
for eligible activities that the Secretary determines to be
critical in order to assist survivors of domestic violence,
dating violence, sexual assault, or stalking: Provided
further, That amounts made available for the Continuum of Care
program under this heading in this Act and any remaining
unobligated balances from prior Acts may be used to
competitively or non-competitively renew or replace grants for
youth homeless demonstration projects under the Continuum of
Care program, notwithstanding any conflict with the
requirements of the Continuum of Care program;
(3) $7,000,000 shall be for the national homeless data
analysis project: Provided, That notwithstanding the
provisions of the Federal Grant and Cooperative Agreements Act
of 1977 (31 U.S.C. 6301-6308), the amounts made available under
this paragraph and any remaining unobligated balances under
this heading for such purposes in prior Acts may be used by the
Secretary to enter into cooperative agreements with such
entities as may be determined by the Secretary, including
public and private organizations, agencies, and institutions;
and
(4) $107,000,000 shall be to implement projects to
demonstrate how a comprehensive approach to serving homeless
youth, age 24 and under, in up to 25 communities with a
priority for communities with substantial rural populations in
up to eight locations, can dramatically reduce youth
homelessness: Provided, That of the amount made available
under this paragraph, not less than $25,000,000 shall be for
youth homelessness system improvement grants to support
communities, including but not limited to the communities
assisted under the matter preceding this proviso, in
establishing and implementing a response system for youth
homelessness, or for improving their existing system: Provided
further, That of the amount made available under this
paragraph, up to $10,000,000 shall be to provide technical
assistance to communities, including but not limited to the
communities assisted in the preceding proviso and the matter
preceding such proviso, on improving system responses to youth
homelessness, and collection, analysis, use, and reporting of
data and performance measures under the comprehensive
approaches to serve homeless youth, in addition to and in
coordination with other technical assistance funds provided
under this title: Provided further, That the Secretary may use
up to 10 percent of the amount made available under the
preceding proviso to build the capacity of current technical
assistance providers or to train new technical assistance
providers with verifiable prior experience with systems and
programs for youth experiencing homelessness:
Provided further, That youth aged 24 and under seeking assistance
under this heading shall not be required to provide third party
documentation to establish their eligibility under subsection (a) or
(b) of section 103 of the McKinney-Vento Homeless Assistance Act (42
U.S.C. 11302) to receive services: Provided further, That
unaccompanied youth aged 24 and under or families headed by youth aged
24 and under who are living in unsafe situations may be served by
youth-serving providers funded under this heading: Provided further,
That persons eligible under section 103(a)(5) of the McKinney-Vento
Homeless Assistance Act may be served by any project funded under this
heading to provide both transitional housing and rapid re-housing:
Provided further, That for all matching funds requirements applicable
to funds made available under this heading for this fiscal year and
prior fiscal years, a grantee may use (or could have used) as a source
of match funds other funds administered by the Secretary and other
Federal agencies unless there is (or was) a specific statutory
prohibition on any such use of any such funds: Provided further, That
none of the funds made available under this heading shall be available
to provide funding for new projects, except for projects created
through reallocation, unless the Secretary determines that the
continuum of care has demonstrated that projects are evaluated and
ranked based on the degree to which they improve the continuum of
care's system performance: Provided further, That any unobligated
amounts remaining from funds made available under this heading in
fiscal year 2012 and prior years for project-based rental assistance
for rehabilitation projects with 10-year grant terms may be used for
purposes under this heading, notwithstanding the purposes for which
such funds were appropriated: Provided further, That unobligated
balances, including recaptures and carryover, remaining from funds
transferred to or appropriated under this heading in fiscal year 2019
or prior years, except for rental assistance amounts that were
recaptured and made available until expended, shall be available for
the current purposes authorized under this heading in addition to the
purposes for which such funds originally were appropriated.
Housing Programs
project-based rental assistance
For activities and assistance for the provision of project-based
subsidy contracts under the United States Housing Act of 1937 (42
U.S.C. 1437 et seq.) (in this heading ``the Act''), not otherwise
provided for, $14,540,000,000, to remain available until expended,
shall be available on October 1, 2022 (in addition to the $400,000,000
previously appropriated under this heading that became available
October 1, 2022), and $400,000,000, to remain available until expended,
shall be available on October 1, 2023: Provided, That the amounts made
available under this heading shall be for expiring or terminating
section 8 project-based subsidy contracts (including section 8 moderate
rehabilitation contracts), for amendments to section 8 project-based
subsidy contracts (including section 8 moderate rehabilitation
contracts), for contracts entered into pursuant to section 441 of the
McKinney-Vento Homeless Assistance Act (42 U.S.C. 11401), for renewal
of section 8 contracts for units in projects that are subject to
approved plans of action under the Emergency Low Income Housing
Preservation Act of 1987 or the Low-Income Housing Preservation and
Resident Homeownership Act of 1990, and for administrative and other
expenses associated with project-based activities and assistance funded
under this heading: Provided further, That the amount of any forgone
increases in tenant rent payments due to the implementation of rent
incentives as authorized pursuant to waivers or alternative
requirements of the Jobs-Plus initiative as described under the heading
``Self-Sufficiency Programs'' shall be factored into housing assistance
payments under project-based subsidy contracts: Provided further, That
of the total amounts made available under this heading, not to exceed
$375,000,000 shall be for performance-based contract administrators or
contractors for section 8 project-based assistance, for carrying out 42
U.S.C. 1437(f): Provided further, That the Secretary may also use such
amounts in the preceding proviso for performance-based contract
administrators or contractors for the administration of: interest
reduction payments pursuant to section 236(a) of the National Housing
Act (12 U.S.C. 1715z-1(a)); rent supplement payments pursuant to
section 101 of the Housing and Urban Development Act of 1965 (12 U.S.C.
1701s); section 236(f)(2) rental assistance payments (12 U.S.C. 1715z-
1(f)(2)); project rental assistance contracts for the elderly under
section 202(c)(2) of the Housing Act of 1959 (12 U.S.C. 1701q); project
rental assistance contracts for supportive housing for persons with
disabilities under section 811(d)(2) of the Cranston-Gonzalez National
Affordable Housing Act (42 U.S.C. 8013(d)(2)); project assistance
contracts pursuant to section 202(h) of the Housing Act of 1959 (Public
Law 86-372; 73 Stat. 667); and loans under section 202 of the Housing
Act of 1959 (Public Law 86-372; 73 Stat. 667): Provided further, That
amounts recaptured under this heading, the heading ``Annual
Contributions for Assisted Housing'', or the heading ``Housing
Certificate Fund'', may be used for renewals of or amendments to
section 8 project-based contracts or for performance-based contract
administrators or contractors, notwithstanding the purposes for which
such amounts were appropriated: Provided further, That,
notwithstanding any other provision of law, upon the request of the
Secretary, project funds that are held in residual receipts accounts
for any project subject to a section 8 project-based Housing Assistance
Payments contract that authorizes the Department or a housing finance
agency to require that surplus project funds be deposited in an
interest-bearing residual receipts account and that are in excess of an
amount to be determined by the Secretary, shall be remitted to the
Department and deposited in this account, to be available until
expended: Provided further, That amounts deposited pursuant to the
preceding proviso shall be available in addition to the amount
otherwise provided under this heading for uses authorized under this
heading: Provided further, That of the total amounts made available
under this heading, not to exceed $250,000,000 shall be available for
rent adjustments authorized under section 515(d) of the Multifamily
Assisted Housing Reform and Affordability Act of 1997 (as added by
section 234(a) of this Act): Provided further, That of the total
amounts made available under this heading, not to exceed $25,000,000
shall be available for adjustments under section 524(h) of the
Multifamily Assisted Housing Reform and Affordability Act of 1997 (as
added by section 234(b) of this Act) necessary to address health and
safety deficiencies: Provided further, That up to 2 percent of the
total amounts made available in the preceding two provisos shall be for
administrative contract costs, including for carrying out due diligence
and underwriting functions for evaluating owners' requests and for
technical assistance activities: Provided further, That of the total
amounts made available under this heading, not to exceed $31,000,000
shall be available for budget based adjustments for service
coordinators for the elderly: Provided further, That any additional
amounts for rent adjustments or supplemental contract funding
authorized under the preceding four provisos shall be combined with
other amounts obligated to such contracts and the combined total amount
shall be available for all purposes under such contracts.
housing for the elderly
For capital advances, including amendments to capital advance
contracts, for housing for the elderly, as authorized by section 202 of
the Housing Act of 1959 (12 U.S.C. 1701q), for project rental
assistance for the elderly under section 202(c)(2) of such Act,
including amendments to contracts for such assistance and renewal of
expiring contracts for such assistance for up to a 5-year term, for
senior preservation rental assistance contracts, including renewals, as
authorized by section 811(e) of the American Homeownership and Economic
Opportunity Act of 2000 (12 U.S.C. 1701q note), and for supportive
services associated with the housing, $1,200,000,000 to remain
available until September 30, 2026: Provided, That of the amount made
available under this heading, up to $125,000,000 shall be for service
coordinators and the continuation of existing congregate service grants
for residents of assisted housing projects: Provided further, That any
funding for existing service coordinators under the preceding proviso
shall be provided within 120 days of enactment of this Act: Provided
further, That amounts made available under this heading shall be
available for Real Estate Assessment Center inspections and inspection-
related activities associated with section 202 projects: Provided
further, That the Secretary may waive the provisions of section 202
governing the terms and conditions of project rental assistance, except
that the initial contract term for such assistance shall not exceed 5
years in duration: Provided further, That upon request of the
Secretary, project funds that are held in residual receipts accounts
for any project subject to a section 202 project rental assistance
contract, and that upon termination of such contract are in excess of
an amount to be determined by the Secretary, shall be remitted to the
Department and deposited in this account, to remain available until
September 30, 2026: Provided further, That amounts deposited in this
account pursuant to the preceding proviso shall be available, in
addition to the amounts otherwise provided by this heading, for the
purposes authorized under this heading: Provided further, That
unobligated balances, including recaptures and carryover, remaining
from funds transferred to or appropriated under this heading shall be
available for the current purposes authorized under this heading in
addition to the purposes for which such funds originally were
appropriated: Provided further, That of the total amount made
available under this heading, up to $25,000,000 shall be used to expand
the supply of intergenerational dwelling units (as such term is defined
in section 202 of the Legacy Act of 2003 (12 U.S.C. 1701q note)) for
elderly caregivers raising children: Provided further, That for the
purposes of the preceding proviso the Secretary may waive, or specify
alternative requirements for, any provision of section 202 of the
Housing Act of 1959 (12 U.S.C. 1701q) in order to facilitate the
development of such units, except for requirements related to fair
housing, nondiscrimination, labor standards, and the environment:
Provided further, That of the total amount made available under this
heading, up to $6,000,000 shall be used by the Secretary to support
preservation transactions of housing for the elderly originally
developed with a capital advance and assisted by a project rental
assistance contract under the provisions of section 202(c) of the
Housing Act of 1959.
housing for persons with disabilities
For capital advances, including amendments to capital advance
contracts, for supportive housing for persons with disabilities, as
authorized by section 811 of the Cranston-Gonzalez National Affordable
Housing Act (42 U.S.C. 8013), for project rental assistance for
supportive housing for persons with disabilities under section
811(d)(2) of such Act, for project assistance contracts pursuant to
subsection (h) of section 202 of the Housing Act of 1959, as added by
section 205(a) of the Housing and Community Development Amendments of
1978 (Public Law 95-557: 92 Stat. 2090), including amendments to
contracts for such assistance and renewal of expiring contracts for
such assistance for up to a 5-year term, for project rental assistance
to State housing finance agencies and other appropriate entities as
authorized under section 811(b)(3) of the Cranston-Gonzalez National
Affordable Housing Act, and for supportive services associated with the
housing for persons with disabilities as authorized by section
811(b)(1) of such Act, $400,000,000, to remain available until
September 30, 2026: Provided, That amounts made available under this
heading shall be available for Real Estate Assessment Center
inspections and inspection-related activities associated with section
811 projects: Provided further, That, upon the request of the
Secretary, project funds that are held in residual receipts accounts
for any project subject to a section 811 project rental assistance
contract, and that upon termination of such contract are in excess of
an amount to be determined by the Secretary, shall be remitted to the
Department and deposited in this account, to remain available until
September 30, 2026: Provided further, That amounts deposited in this
account pursuant to the preceding proviso shall be available in
addition to the amounts otherwise provided by this heading for the
purposes authorized under this heading: Provided further, That
unobligated balances, including recaptures and carryover, remaining
from funds transferred to or appropriated under this heading shall be
used for the current purposes authorized under this heading in addition
to the purposes for which such funds originally were appropriated.
housing counseling assistance
For contracts, grants, and other assistance excluding loans, as
authorized under section 106 of the Housing and Urban Development Act
of 1968, as amended, $70,000,000, to remain available until September
30, 2024, including up to $4,500,000 for administrative contract
services: Provided, That funds shall be used for providing counseling
and advice to tenants and homeowners, both current and prospective,
with respect to property maintenance, financial management or literacy,
and such other matters as may be appropriate to assist them in
improving their housing conditions, meeting their financial needs, and
fulfilling the responsibilities of tenancy or homeownership; for
program administration; and for housing counselor training: Provided
further, That for purposes of awarding grants from amounts provided
under this heading, the Secretary may enter into multiyear agreements,
as appropriate, subject to the availability of annual appropriations.
payment to manufactured housing fees trust fund
For necessary expenses as authorized by the National Manufactured
Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 5401
et seq.), up to $14,000,000, to remain available until expended, of
which $14,000,000 shall be derived from the Manufactured Housing Fees
Trust Fund (established under section 620(e) of such Act (42 U.S.C.
5419(e)): Provided, That not to exceed the total amount appropriated
under this heading shall be available from the general fund of the
Treasury to the extent necessary to incur obligations and make
expenditures pending the receipt of collections to the Fund pursuant to
section 620 of such Act: Provided further, That the amount made
available under this heading from the general fund shall be reduced as
such collections are received during fiscal year 2023 so as to result
in a final fiscal year 2023 appropriation from the general fund
estimated at zero, and fees pursuant to such section 620 shall be
modified as necessary to ensure such a final fiscal year 2023
appropriation: Provided further, That for the dispute resolution and
installation programs, the Secretary may assess and collect fees from
any program participant: Provided further, That such collections shall
be deposited into the Trust Fund, and the Secretary, as provided
herein, may use such collections, as well as fees collected under
section 620 of such Act, for necessary expenses of such Act: Provided
further, That, notwithstanding the requirements of section 620 of such
Act, the Secretary may carry out responsibilities of the Secretary
under such Act through the use of approved service providers that are
paid directly by the recipients of their services.
Federal Housing Administration
mutual mortgage insurance program account
New commitments to guarantee single family loans insured under the
Mutual Mortgage Insurance Fund shall not exceed $400,000,000,000, to
remain available until September 30, 2024: Provided, That during
fiscal year 2023, obligations to make direct loans to carry out the
purposes of section 204(g) of the National Housing Act, as amended,
shall not exceed $1,000,000: Provided further, That the foregoing
amount in the preceding proviso shall be for loans to nonprofit and
governmental entities in connection with sales of single family real
properties owned by the Secretary and formerly insured under the Mutual
Mortgage Insurance Fund: Provided further, That for administrative
contract expenses of the Federal Housing Administration, $150,000,000,
to remain available until September 30, 2024: Provided further, That
notwithstanding the limitation in the first sentence of section 255(g)
of the National Housing Act (12 U.S.C. 1715z-20(g)), during fiscal year
2023 the Secretary may insure and enter into new commitments to insure
mortgages under section 255 of the National Housing Act only to the
extent that the net credit subsidy cost for such insurance does not
exceed zero.
general and special risk program account
New commitments to guarantee loans insured under the General and
Special Risk Insurance Funds, as authorized by sections 238 and 519 of
the National Housing Act (12 U.S.C. 1715z-3 and 1735c), shall not
exceed $35,000,000,000 in total loan principal, any part of which is to
be guaranteed, to remain available until September 30, 2024: Provided,
That during fiscal year 2023, gross obligations for the principal
amount of direct loans, as authorized by sections 204(g), 207(l), 238,
and 519(a) of the National Housing Act, shall not exceed $1,000,000,
which shall be for loans to nonprofit and governmental entities in
connection with the sale of single family real properties owned by the
Secretary and formerly insured under such Act.
Government National Mortgage Association
guarantees of mortgage-backed securities loan guarantee program account
New commitments to issue guarantees to carry out the purposes of
section 306 of the National Housing Act, as amended (12 U.S.C.
1721(g)), shall not exceed $900,000,000,000, to remain available until
September 30, 2024: Provided, That $33,500,000, to remain available
until September 30, 2024, shall be for necessary salaries and expenses
of the Government National Mortgage Association: Provided further,
That to the extent that guaranteed loan commitments exceed
$155,000,000,000 on or before April 1, 2023 an additional $100 for
necessary salaries and expenses shall be available until expended for
each $1,000,000 in additional guaranteed loan commitments (including a
pro rata amount for any amount below $1,000,000), but in no case shall
funds made available by this proviso exceed $3,000,000: Provided
further, That receipts from Commitment and Multiclass fees collected
pursuant to title III of the National Housing Act (12 U.S.C. 1716 et
seq.) shall be credited as offsetting collections to this account.
Policy Development and Research
research and technology
For contracts, grants, and necessary expenses of programs of
research and studies relating to housing and urban problems, not
otherwise provided for, as authorized by title V of the Housing and
Urban Development Act of 1970 (12 U.S.C. 1701z-1 et seq.), including
carrying out the functions of the Secretary of Housing and Urban
Development under section 1(a)(1)(i) of Reorganization Plan No. 2 of
1968, and for technical assistance, $160,000,000, to remain available
until September 30, 2024: Provided, That with respect to amounts made
available under this heading, notwithstanding section 203 of this
title, the Secretary may enter into cooperative agreements with
philanthropic entities, other Federal agencies, State or local
governments and their agencies, Indian Tribes, tribally designated
housing entities, or colleges or universities for research projects:
Provided further, That with respect to the preceding proviso, such
partners to the cooperative agreements shall contribute at least a 50
percent match toward the cost of the project: Provided further, That
for non-competitive agreements entered into in accordance with the
preceding two provisos, the Secretary shall comply with section 2(b) of
the Federal Funding Accountability and Transparency Act of 2006 (Public
Law 109-282, 31 U.S.C. note) in lieu of compliance with section
102(a)(4)(C) of the Department of Housing and Urban Development Reform
Act of 1989 (42 U.S.C. 3545(a)(4)(C)) with respect to documentation of
award decisions: Provided further, That prior to obligation of
technical assistance funding, the Secretary shall submit a plan to the
House and Senate Committees on Appropriations on how the Secretary will
allocate funding for this activity at least 30 days prior to
obligation: Provided further, That none of the funds provided under
this heading may be available for the doctoral dissertation research
grant program: Provided further, That an additional $20,000,000, to
remain available until September 30, 2025, shall be for competitive
grants to nonprofit or governmental entities to provide legal
assistance (including assistance related to pretrial activities, trial
activities, post-trial activities and alternative dispute resolution)
at no cost to eligible low-income tenants at risk of or subject to
eviction: Provided further, That in awarding grants under the
preceding proviso, the Secretary shall give preference to applicants
that include a marketing strategy for residents of areas with high
rates of eviction, have experience providing no-cost legal assistance
to low-income individuals, including those with limited English
proficiency or disabilities, and have sufficient capacity to administer
such assistance, and may select unfunded or partially funded eligible
applicants identified in the previous competition: Provided further,
That the Secretary shall ensure, to the extent practicable, that the
proportion of eligible tenants living in rural areas who will receive
legal assistance with grant funds made available under this heading is
not less than the overall proportion of eligible tenants who live in
rural areas.
Fair Housing and Equal Opportunity
fair housing activities
For contracts, grants, and other assistance, not otherwise provided
for, as authorized by title VIII of the Civil Rights Act of 1968 (42
U.S.C. 3601 et seq.), and section 561 of the Housing and Community
Development Act of 1987 (42 U.S.C. 3616a), $86,000,000, to remain
available until September 30, 2024: Provided, That notwithstanding
section 3302 of title 31, United States Code, the Secretary may assess
and collect fees to cover the costs of the Fair Housing Training
Academy, and may use such funds to develop on-line courses and provide
such training: Provided further, That none of the funds made available
under this heading may be used to lobby the executive or legislative
branches of the Federal Government in connection with a specific
contract, grant, or loan: Provided further, That of the funds made
available under this heading, $1,000,000 shall be available to the
Secretary for the creation and promotion of translated materials and
other programs that support the assistance of persons with limited
English proficiency in utilizing the services provided by the
Department of Housing and Urban Development.
Office of Lead Hazard Control and Healthy Homes
lead hazard reduction
(including transfer of funds)
For the Lead Hazard Reduction Program, as authorized by section
1011 of the Residential Lead-Based Paint Hazard Reduction Act of 1992
(42 U.S.C. 4852), the Healthy Homes Initiative, pursuant to sections
501 and 502 of the Housing and Urban Development Act of 1970 (12 U.S.C.
1701z-1 and 1701z-2), and for related activities and assistance,
$415,000,000, to remain available until September 30, 2025: Provided,
That the amounts made available under this heading are provided as
follows:
(1) $290,000,000 shall be for the award of grants pursuant
to such section 1011, of which not less than $95,000,000 shall
be provided to areas with the highest lead-based paint
abatement needs;
(2) $85,000,000 shall be for the Healthy Homes Initiative,
pursuant to sections 501 and 502 of the Housing and Urban
Development Act of 1970, which shall include research, studies,
testing, and demonstration efforts, including education and
outreach concerning lead-based paint poisoning and other
housing-related diseases and hazards, and mitigating housing-
related health and safety hazards in housing of low-income
families, of which--
(A) $5,000,000 shall be for the implementation of
projects in up to five communities that are served by
both the Healthy Homes Initiative and the Department of
Energy weatherization programs to demonstrate whether
the coordination of Healthy Homes remediation
activities with weatherization activities achieves cost
savings and better outcomes in improving the safety and
quality of homes; and
(B) $10,000,000 shall be for grants to experienced
non-profit organizations, States, local governments, or
public housing agencies for safety and functional home
modification repairs and renovations to meet the needs
of low-income elderly homeowners to enable them to
remain in their primary residence: Provided, That of
the total amount made available under this subparagraph
no less than $3,000,000 shall be available to meet such
needs in communities with substantial rural
populations;
(3) $5,000,000 shall be for the award of grants and
contracts for research pursuant to sections 1051 and 1052 of
the Residential Lead-Based Paint Hazard Reduction Act of 1992
(42 U.S.C. 4854, 4854a);
(4) Up to $2,000,000 in total of the amounts made available
under paragraphs (2) and (3) may be transferred to the heading
``Research and Technology'' for the purposes of conducting
research and studies and for use in accordance with the
provisos under that heading for non-competitive agreements;
(5) $30,000,000 shall be for a lead-risk assessment
demonstration for public housing agencies to conduct lead
hazard screenings or lead-risk assessments during housing
quality standards inspections of units in which a family
receiving assistance under section 8(o) of the U.S. Housing Act
of 1937 (42 U.S.C. 1437f(o)) resides or expects to reside, and
has or expects to have a child under age 6 residing in the
unit, while preserving rental housing availability and
affordability; and
(6) $5,000,000 shall be for grants for a radon testing and
mitigation safety demonstration program (the radon
demonstration) in public housing: Provided, That the testing
method, mitigation method, or action level used under the radon
demonstration shall be as specified by applicable state or
local law, if such law is more protective of human health or
the environment than the method or level specified by the
Secretary:
Provided further, That for purposes of environmental review, pursuant
to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) and other provisions of law that further the purposes of such
Act, a grant under the Healthy Homes Initiative, or the Lead Technical
Studies program, or other demonstrations or programs under this heading
or under prior appropriations Acts for such purposes under this
heading, or under the heading ``Housing for the Elderly'' under prior
Appropriations Acts, shall be considered to be funds for a special
project for purposes of section 305(c) of the Multifamily Housing
Property Disposition Reform Act of 1994: Provided further, That each
applicant for a grant or cooperative agreement under this heading shall
certify adequate capacity that is acceptable to the Secretary to carry
out the proposed use of funds pursuant to a notice of funding
opportunity: Provided further, That amounts made available under this
heading, except for amounts in paragraphs (2)(B) for home modification
repairs and renovations, in this or prior appropriations Acts, still
remaining available, may be used for any purpose under this heading
notwithstanding the purpose for which such amounts were appropriated if
a program competition is undersubscribed and there are other program
competitions under this heading that are oversubscribed.
Information Technology Fund
For Department-wide and program-specific information technology
systems and infrastructure, $382,000,000, to remain available until
September 30, 2025, of which up to $16,746,000 shall be for
development, modernization, and enhancement projects, including
planning for such projects: Provided, That not more than 10 percent of
the funds made available under this heading for development,
modernization, and enhancement may be obligated until the Secretary
submits and the House and Senate Committees on Appropriations approve a
plan that--
(1) identifies for each development, modernization, and
enhancement project to be funded from available balances,
including carryover--
(A) plain language summaries of the project scope;
(B) the estimated total project cost; and
(C) key milestones to be met; and
(2) identifies for each major modernization project--
(A) the functional and performance capabilities to
be delivered and the mission benefits to be realized;
(B) the estimated life-cycle cost;
(C) key milestones to be met through the project
end date, including any identified system
decommissioning;
(D) a description of the procurement strategy and
governance structure for the project and the number of
HUD staff and contractors supporting the project; and
(E) certification from the Chief Information
Officer that each project is compliant with the
Department's enterprise architecture, life-cycle
management and capital planning and investment control
requirements:
Provided further, That not later than 30 days after the end
of each quarter, the Secretary shall submit an updated report
to the Committees on Appropriations of the House of
Representatives and the Senate summarizing the status, cost and
plan for all modernization projects; and for each major
modernization project with an approved project plan,
identifying--
(1) results and actual expenditures of the prior quarter;
(2) any variances in cost, schedule (including
procurement), or functionality from the previously approved
project plan, reasons for such variances and estimated impact
on total life-cycle costs; and
(3) risks and mitigation strategies associated with ongoing
work.
Office of Inspector General
For necessary salaries and expenses of the Office of Inspector
General in carrying out the Inspector General Act of 1978, as amended,
$140,000,000: Provided, That the Inspector General shall have
independent authority over all personnel and acquisition issues within
this office.
General Provisions--Department of Housing and Urban Development
(including transfer of funds)
(including rescission)
Sec. 201. Fifty percent of the amounts of budget authority, or in
lieu thereof 50 percent of the cash amounts associated with such budget
authority, that are recaptured from projects described in section
1012(a) of the Stewart B. McKinney Homeless Assistance Amendments Act
of 1988 (42 U.S.C. 1437f note) shall be rescinded or in the case of
cash, shall be remitted to the Treasury, and such amounts of budget
authority or cash recaptured and not rescinded or remitted to the
Treasury shall be used by State housing finance agencies or local
governments or local housing agencies with projects approved by the
Secretary of Housing and Urban Development for which settlement
occurred after January 1, 1992, in accordance with such section.
Notwithstanding the previous sentence, the Secretary may award up to 15
percent of the budget authority or cash recaptured and not rescinded or
remitted to the Treasury to provide project owners with incentives to
refinance their project at a lower interest rate.
Sec. 202. None of the funds made available by this Act may be used
to investigate or prosecute under the Fair Housing Act any otherwise
lawful activity engaged in by one or more persons, including the filing
or maintaining of a nonfrivolous legal action, that is engaged in
solely for the purpose of achieving or preventing action by a
Government official or entity, or a court of competent jurisdiction.
Sec. 203. Except as explicitly provided in law, any grant,
cooperative agreement or other assistance made pursuant to title II of
this Act shall be made on a competitive basis and in accordance with
section 102 of the Department of Housing and Urban Development Reform
Act of 1989 (42 U.S.C. 3545).
Sec. 204. Section 7 of the Department of Housing and Urban
Development Act (42 U.S.C. 3535) is amended by adding at the end the
following new subsection:
``(u)(1) Funds of the Department of Housing and Urban Development
subject to the Government Corporation Control Act shall be available,
without regard to the limitations on administrative expenses, for legal
services on a contract or fee basis, and for utilizing and making
payment for services and facilities of the Federal National Mortgage
Association, Government National Mortgage Association, Federal Home
Loan Mortgage Corporation, Federal Financing Bank, Federal Reserve
banks or any member thereof, Federal Home Loan banks, and any insured
bank within the meaning of the Federal Deposit Insurance Corporation
Act, as amended (12 U.S.C. 1811-1).
``(2) Corporations and agencies of the Department of Housing and
Urban Development which are subject to chapter 91 of title 31, United
States Code, are hereby authorized to make such expenditures, within
the limits of funds and borrowing authority available to each such
corporation or agency and in accordance with law, and to make such
contracts and commitments without regard to fiscal year limitations as
provided by section 9104 of such title as may be necessary in carrying
out the programs set forth in the budget for such corporation or agency
except as hereinafter provided: Provided, That collections of these
corporations and agencies may be used for new loan or mortgage purchase
commitments only to the extent expressly provided for in an
appropriations Act (unless such loans are in support of other forms of
assistance provided for in appropriations Acts), except that this
proviso shall not apply to the mortgage insurance or guaranty
operations of these corporations, or where loans or mortgage purchases
are necessary to protect the financial interest of the United States
Government.''.
Sec. 205. Unless otherwise provided for in this Act or through a
reprogramming of funds, no part of any appropriation for the Department
of Housing and Urban Development shall be available for any program,
project or activity in excess of amounts set forth in the budget
estimates submitted to Congress.
Sec. 206. The Secretary shall provide quarterly reports to the
House and Senate Committees on Appropriations regarding all
uncommitted, unobligated, recaptured, and excess funds in each program
and activity within the jurisdiction of the Department and shall submit
additional, updated budget information to these Committees upon
request.
Sec. 207. None of the funds made available by this title may be
used for an audit of the Government National Mortgage Association that
makes applicable requirements under the Federal Credit Reform Act of
1990 (2 U.S.C. 661 et seq.).
Sec. 208. (a) Notwithstanding any other provision of law, subject
to the conditions listed under this section, for fiscal years 2023 and
2024, the Secretary of Housing and Urban Development may authorize the
transfer of some or all project-based assistance, debt held or insured
by the Secretary and statutorily required low-income and very low-
income use restrictions if any, associated with one or more multifamily
housing project or projects to another multifamily housing project or
projects.
(b) Phased Transfers.--Transfers of project-based assistance under
this section may be done in phases to accommodate the financing and
other requirements related to rehabilitating or constructing the
project or projects to which the assistance is transferred, to ensure
that such project or projects meet the standards under subsection (c).
(c) The transfer authorized in subsection (a) is subject to the
following conditions:
(1) Number and bedroom size of units.--
(A) For occupied units in the transferring project:
The number of low-income and very low-income units and
the configuration (i.e., bedroom size) provided by the
transferring project shall be no less than when
transferred to the receiving project or projects and
the net dollar amount of Federal assistance provided to
the transferring project shall remain the same in the
receiving project or projects.
(B) For unoccupied units in the transferring
project: The Secretary may authorize a reduction in the
number of dwelling units in the receiving project or
projects to allow for a reconfiguration of bedroom
sizes to meet current market demands, as determined by
the Secretary and provided there is no increase in the
project-based assistance budget authority.
(2) The transferring project shall, as determined by the
Secretary, be either physically obsolete or economically
nonviable, or be reasonably expected to become economically
nonviable when complying with state or Federal requirements for
community integration and reduced concentration of individuals
with disabilities.
(3) The receiving project or projects shall meet or exceed
applicable physical standards established by the Secretary.
(4) The owner or mortgagor of the transferring project
shall notify and consult with the tenants residing in the
transferring project and provide a certification of approval by
all appropriate local governmental officials.
(5) The tenants of the transferring project who remain
eligible for assistance to be provided by the receiving project
or projects shall not be required to vacate their units in the
transferring project or projects until new units in the
receiving project are available for occupancy.
(6) The Secretary determines that this transfer is in the
best interest of the tenants.
(7) If either the transferring project or the receiving
project or projects meets the condition specified in subsection
(d)(2)(A), any lien on the receiving project resulting from
additional financing obtained by the owner shall be subordinate
to any FHA-insured mortgage lien transferred to, or placed on,
such project by the Secretary, except that the Secretary may
waive this requirement upon determination that such a waiver is
necessary to facilitate the financing of acquisition,
construction, and/or rehabilitation of the receiving project or
projects.
(8) If the transferring project meets the requirements of
subsection (d)(2), the owner or mortgagor of the receiving
project or projects shall execute and record either a
continuation of the existing use agreement or a new use
agreement for the project where, in either case, any use
restrictions in such agreement are of no lesser duration than
the existing use restrictions.
(9) The transfer does not increase the cost (as defined in
section 502 of the Congressional Budget Act of 1974 (2 U.S.C.
661a)) of any FHA-insured mortgage, except to the extent that
appropriations are provided in advance for the amount of any
such increased cost.
(d) For purposes of this section--
(1) the terms ``low-income'' and ``very low-income'' shall
have the meanings provided by the statute and/or regulations
governing the program under which the project is insured or
assisted;
(2) the term ``multifamily housing project'' means housing
that meets one of the following conditions--
(A) housing that is subject to a mortgage insured
under the National Housing Act;
(B) housing that has project-based assistance
attached to the structure including projects undergoing
mark to market debt restructuring under the Multifamily
Assisted Housing Reform and Affordability Housing Act;
(C) housing that is assisted under section 202 of
the Housing Act of 1959 (12 U.S.C. 1701q);
(D) housing that is assisted under section 202 of
the Housing Act of 1959 (12 U.S.C. 1701q), as such
section existed before the enactment of the Cranston-
Gonzales National Affordable Housing Act;
(E) housing that is assisted under section 811 of
the Cranston-Gonzales National Affordable Housing Act
(42 U.S.C. 8013); or
(F) housing or vacant land that is subject to a use
agreement;
(3) the term ``project-based assistance'' means--
(A) assistance provided under section 8(b) of the
United States Housing Act of 1937 (42 U.S.C. 1437f(b));
(B) assistance for housing constructed or
substantially rehabilitated pursuant to assistance
provided under section 8(b)(2) of such Act (as such
section existed immediately before October 1, 1983);
(C) rent supplement payments under section 101 of
the Housing and Urban Development Act of 1965 (12
U.S.C. 1701s);
(D) interest reduction payments under section 236
and/or additional assistance payments under section
236(f)(2) of the National Housing Act (12 U.S.C. 1715z-
1);
(E) assistance payments made under section
202(c)(2) of the Housing Act of 1959 (12 U.S.C.
1701q(c)(2)); and
(F) assistance payments made under section
811(d)(2) of the Cranston-Gonzalez National Affordable
Housing Act (42 U.S.C. 8013(d)(2));
(4) the term ``receiving project or projects'' means the
multifamily housing project or projects to which some or all of
the project-based assistance, debt, and statutorily required
low-income and very low-income use restrictions are to be
transferred;
(5) the term ``transferring project'' means the multifamily
housing project which is transferring some or all of the
project-based assistance, debt, and the statutorily required
low-income and very low-income use restrictions to the
receiving project or projects; and
(6) the term ``Secretary'' means the Secretary of Housing
and Urban Development.
(e) Research Report.--The Secretary shall conduct an evaluation of
the transfer authority under this section, including the effect of such
transfers on the operational efficiency, contract rents, physical and
financial conditions, and long-term preservation of the affected
properties. The Secretary shall publish by notice in the Federal
Register the terms and conditions, including criteria for approval by
the Department of Housing and Urban Development, of transfers pursuant
to this section no later than 30 days before the effective date of such
notice.
Sec. 209. (a) No assistance shall be provided under section 8 of
the United States Housing Act of 1937 (42 U.S.C. 1437f) to any
individual who--
(1) is enrolled as a student at an institution of higher
education (as defined under section 102 of the Higher Education
Act of 1965 (20 U.S.C. 1002));
(2) is under 24 years of age;
(3) is not a veteran;
(4) is unmarried;
(5) does not have a dependent child;
(6) is not a person with disabilities, as such term is
defined in section 3(b)(3)(E) of the United States Housing Act
of 1937 (42 U.S.C. 1437a(b)(3)(E)) and was not receiving
assistance under such section 8 as of November 30, 2005;
(7) is not a youth who left foster care at age 14 or older
and is at risk of becoming homeless; and
(8) is not otherwise individually eligible, or has parents
who, individually or jointly, are not eligible, to receive
assistance under section 8 of the United States Housing Act of
1937 (42 U.S.C. 1437f).
(b) For purposes of determining the eligibility of a person to
receive assistance under section 8 of the United States Housing Act of
1937 (42 U.S.C. 1437f), any financial assistance (in excess of amounts
received for tuition and any other required fees and charges) that an
individual receives under the Higher Education Act of 1965 (20 U.S.C.
1001 et seq.), from private sources, or from an institution of higher
education (as defined under section 102 of the Higher Education Act of
1965 (20 U.S.C. 1002)), shall be considered income to that individual,
except for a person over the age of 23 with dependent children.
Sec. 210. The funds made available for Native Alaskans under
paragraph (1) under the heading ``Native American Programs'' in title
II of this Act shall be allocated to the same Native Alaskan housing
block grant recipients that received funds in fiscal year 2005, and
only such recipients shall be eligible to apply for funds made
available under paragraph (2) of such heading.
Sec. 211. Notwithstanding any other provision of law, in fiscal
year 2023, in managing and disposing of any multifamily property that
is owned or has a mortgage held by the Secretary of Housing and Urban
Development, and during the process of foreclosure on any property with
a contract for rental assistance payments under section 8 of the United
States Housing Act of 1937 (42 U.S.C. 1437f) or any other Federal
programs, the Secretary shall maintain any rental assistance payments
under section 8 of the United States Housing Act of 1937 and other
programs that are attached to any dwelling units in the property. To
the extent the Secretary determines, in consultation with the tenants
and the local government that such a multifamily property owned or
having a mortgage held by the Secretary is not feasible for continued
rental assistance payments under such section 8 or other programs,
based on consideration of (1) the costs of rehabilitating and operating
the property and all available Federal, State, and local resources,
including rent adjustments under section 524 of the Multifamily
Assisted Housing Reform and Affordability Act of 1997 (in this section
``MAHRAA'') (42 U.S.C. 1437f note), and (2) environmental conditions
that cannot be remedied in a cost-effective fashion, the Secretary may,
in consultation with the tenants of that property, contract for
project-based rental assistance payments with an owner or owners of
other existing housing properties, or provide other rental assistance.
The Secretary shall also take appropriate steps to ensure that project-
based contracts remain in effect prior to foreclosure, subject to the
exercise of contractual abatement remedies to assist relocation of
tenants for imminent major threats to health and safety after written
notice to and informed consent of the affected tenants and use of other
available remedies, such as partial abatements or receivership. After
disposition of any multifamily property described in this section, the
contract and allowable rent levels on such properties shall be subject
to the requirements under section 524 of MAHRAA.
Sec. 212. Public housing agencies that own and operate 400 or
fewer public housing units may elect to be exempt from any asset
management requirement imposed by the Secretary in connection with the
operating fund rule: Provided, That an agency seeking a discontinuance
of a reduction of subsidy under the operating fund formula shall not be
exempt from asset management requirements.
Sec. 213. With respect to the use of amounts provided in this Act
and in future Acts for the operation, capital improvement, and
management of public housing as authorized by sections 9(d) and 9(e) of
the United States Housing Act of 1937 (42 U.S.C. 1437g(d),(e)), the
Secretary shall not impose any requirement or guideline relating to
asset management that restricts or limits in any way the use of capital
funds for central office costs pursuant to paragraph (1) or (2) of
section 9(g) of the United States Housing Act of 1937 (42 U.S.C.
1437g(g)(1), (2)): Provided, That a public housing agency may not use
capital funds authorized under section 9(d) for activities that are
eligible under section 9(e) for assistance with amounts from the
operating fund in excess of the amounts permitted under paragraph (1)
or (2) of section 9(g).
Sec. 214. No official or employee of the Department of Housing and
Urban Development shall be designated as an allotment holder unless the
Office of the Chief Financial Officer has determined that such
allotment holder has implemented an adequate system of funds control
and has received training in funds control procedures and directives.
The Chief Financial Officer shall ensure that there is a trained
allotment holder for each HUD appropriation under the accounts
``Executive Offices'', ``Administrative Support Offices'', ``Program
Offices'', ``Government National Mortgage Association--Guarantees of
Mortgage-Backed Securities Loan Guarantee Program Account'', and
``Office of Inspector General'' within the Department of Housing and
Urban Development.
Sec. 215. The Secretary shall, for fiscal year 2023, notify the
public through the Federal Register and other means, as determined
appropriate, of the issuance of a notice of funding opportunity (NOFO)
for any program or discretionary fund administered by the Secretary
that is to be competitively awarded. Notwithstanding any other
provision of law, for fiscal year 2023, the Secretary may make the NOFO
available only on the Internet at the appropriate Government website or
through other electronic media, as determined by the Secretary.
Sec. 216. Payment of attorney fees in program-related litigation
shall be paid from the individual program office and Office of General
Counsel salaries and expenses appropriations.
Sec. 217. The Secretary is authorized to transfer up to 10 percent
or $5,000,000, whichever is less, of funds appropriated for any office
under the headings ``Administrative Support Offices'' or ``Program
Offices'' to any other such office under such headings: Provided, That
no appropriation for any such office under such headings shall be
increased or decreased by more than 10 percent or $5,000,000, whichever
is less, without prior written approval of the House and Senate
Committees on Appropriations: Provided further, That the Secretary
shall provide notification to such Committees 3 business days in
advance of any such transfers under this section up to 10 percent or
$5,000,000, whichever is less.
Sec. 218. (a) Any entity receiving housing assistance payments
shall maintain decent, safe, and sanitary conditions, as determined by
the Secretary, and comply with any standards under applicable State or
local laws, rules, ordinances, or regulations relating to the physical
condition of any property covered under a housing assistance payment
contract.
(b) The Secretary shall take action under subsection (c) when a
multifamily housing project with a contract under section 8 of the
United States Housing Act of 1937 (42 U.S.C. 1437f) or a contract for
similar project-based assistance--
(1) receives a Uniform Physical Condition Standards (UPCS)
score of 59 or less; or
(2) fails to certify in writing to the Secretary within 3
days that all Exigent Health and Safety deficiencies identified
by the inspector at the project have been corrected.
Such requirements shall apply to insured and noninsured projects
with assistance attached to the units under section 8 of the United
States Housing Act of 1937 (42 U.S.C. 1437f), but shall not apply to
such units assisted under section 8(o)(13) of such Act (42 U.S.C.
1437f(o)(13)) or to public housing units assisted with capital or
operating funds under section 9 of the United States Housing Act of
1937 (42 U.S.C. 1437g).
(c)(1) Within 15 days of the issuance of the Real Estate Assessment
Center (``REAC'') inspection, the Secretary shall provide the owner
with a Notice of Default with a specified timetable, determined by the
Secretary, for correcting all deficiencies. The Secretary shall provide
a copy of the Notice of Default to the tenants, the local government,
any mortgagees, and any contract administrator. If the owner's appeal
results in a UPCS score of 60 or above, the Secretary may withdraw the
Notice of Default.
(2) At the end of the time period for correcting all deficiencies
specified in the Notice of Default, if the owner fails to fully correct
such deficiencies, the Secretary shall take one or more of the
following actions, and provide additional notice of those actions to
the owner and the parties specified above--
(A) require immediate replacement of project management
with a management agent approved by the Secretary;
(B) impose civil money penalties, which shall be used
solely for the purpose of supporting safe and sanitary
conditions at applicable properties, as designated by the
Secretary, with priority given to the tenants of the property
affected by the penalty;
(C) abate the section 8 contract, including partial
abatement, as determined by the Secretary, until all
deficiencies have been corrected;
(D) pursue transfer of the project to an owner, approved by
the Secretary under established procedures, who will be
obligated to promptly make all required repairs and to accept
renewal of the assistance contract if such renewal is offered;
(E) transfer the existing section 8 contract to another
project or projects and owner or owners;
(F) pursue exclusionary sanctions, including suspensions or
debarments from Federal programs;
(G) seek judicial appointment of a receiver to manage the
property and cure all project deficiencies or seek a judicial
order of specific performance requiring the owner to cure all
project deficiencies;
(H) work with the owner, lender, or other related party to
stabilize the property in an attempt to preserve the property
through compliance, transfer of ownership, or an infusion of
capital provided by a third-party that requires time to
effectuate; or
(I) take any other regulatory or contractual remedies
available as deemed necessary and appropriate by the Secretary.
(d) The Secretary shall take appropriate steps to ensure that
project-based contracts remain in effect, subject to the exercise of
contractual abatement remedies to assist relocation of tenants for
major threats to health and safety after written notice to and informed
consent of the affected tenants and use of other remedies set forth
above. To the extent the Secretary determines, in consultation with the
tenants and the local government, that the property is not feasible for
continued rental assistance payments under such section 8 or other
programs, based on consideration of--
(1) the costs of rehabilitating and operating the property
and all available Federal, State, and local resources,
including rent adjustments under section 524 of the Multifamily
Assisted Housing Reform and Affordability Act of 1997
(``MAHRAA''); and
(2) environmental conditions that cannot be remedied in a
cost-effective fashion, the Secretary may contract for project-
based rental assistance payments with an owner or owners of
other existing housing properties, or provide other rental
assistance.
(e) The Secretary shall report semi-annually on all properties
covered by this section that are assessed through the Real Estate
Assessment Center and have UPCS physical inspection scores of less than
60 or have received an unsatisfactory management and occupancy review
within the past 36 months. The report shall include--
(1) identification of the property level enforcement
actions being taken to address such conditions, including
imposition of civil money penalties and termination of
subsidies, and identification of properties that have such
conditions multiple times;
(2) identification of property level actions that the
Department of Housing and Urban Development is taking to
protect tenants of such identified properties; and
(3) any administrative or legislative recommendations to
further improve the living conditions at properties covered
under a housing assistance payment contract.
The first report shall be submitted to the Senate and House
Committees on Appropriations not later than 30 days after the enactment
of this Act, and the second report shall be submitted within 180 days
of the transmittal of the first report.
Sec. 219. None of the funds made available by this Act, or any
other Act, for purposes authorized under section 8 (only with respect
to the tenant-based rental assistance program) and section 9 of the
United States Housing Act of 1937 (42 U.S.C. 1437 et seq.), may be used
by any public housing agency for any amount of salary, including
bonuses, for the chief executive officer of which, or any other
official or employee of which, that exceeds the annual rate of basic
pay payable for a position at level IV of the Executive Schedule at any
time during any public housing agency fiscal year 2023.
Sec. 220. None of the funds made available by this Act and
provided to the Department of Housing and Urban Development may be used
to make a grant award unless the Secretary notifies the House and
Senate Committees on Appropriations not less than 3 full business days
before any project, State, locality, housing authority, Tribe,
nonprofit organization, or other entity selected to receive a grant
award is announced by the Department or its offices: Provided, That
such notification shall list each grant award by State and
congressional district.
Sec. 221. None of the funds made available in this Act shall be
used by the Federal Housing Administration, the Government National
Mortgage Association, or the Department of Housing and Urban
Development to insure, securitize, or establish a Federal guarantee of
any mortgage or mortgage backed security that refinances or otherwise
replaces a mortgage that has been subject to eminent domain
condemnation or seizure, by a State, municipality, or any other
political subdivision of a State.
Sec. 222. None of the funds made available by this Act may be used
to terminate the status of a unit of general local government as a
metropolitan city (as defined in section 102 of the Housing and
Community Development Act of 1974 (42 U.S.C. 5302)) with respect to
grants under section 106 of such Act (42 U.S.C. 5306).
Sec. 223. Amounts made available by this Act that are
appropriated, allocated, advanced on a reimbursable basis, or
transferred to the Office of Policy Development and Research of the
Department of Housing and Urban Development and functions thereof, for
research, evaluation, or statistical purposes, and that are unexpended
at the time of completion of a contract, grant, or cooperative
agreement, may be deobligated and shall immediately become available
and may be reobligated in that fiscal year or the subsequent fiscal
year for the research, evaluation, or statistical purposes for which
the amounts are made available to that Office subject to reprogramming
requirements in section 405 of this Act.
Sec. 224. None of the funds provided in this Act or any other Act
may be used for awards, including performance, special act, or spot,
for any employee of the Department of Housing and Urban Development
subject to administrative discipline (including suspension from work),
in this fiscal year, but this prohibition shall not be effective prior
to the effective date of any such administrative discipline or after
any final decision over-turning such discipline.
Sec. 225. With respect to grant amounts awarded under the heading
``Homeless Assistance Grants'' for fiscal years 2015 through 2023 for
the Continuum of Care (CoC) program as authorized under subtitle C of
title IV of the McKinney-Vento Homeless Assistance Act, costs paid by
program income of grant recipients may count toward meeting the
recipient's matching requirements, provided the costs are eligible CoC
costs that supplement the recipient's CoC program.
Sec. 226. (a) From amounts made available under this title under
the heading ``Homeless Assistance Grants'', the Secretary may award 1-
year transition grants to recipients of funds for activities under
subtitle C of the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11381 et seq.) to transition from one Continuum of Care program
component to another.
(b) In order to be eligible to receive a transition grant, the
funding recipient must have the consent of the continuum of care and
meet standards determined by the Secretary.
Sec. 227. The Promise Zone designations and Promise Zone
Designation Agreements entered into pursuant to such designations, made
by the Secretary in prior fiscal years, shall remain in effect in
accordance with the terms and conditions of such agreements.
Sec. 228. Any public housing agency designated as a Moving to Work
agency pursuant to section 239 of division L of Public Law 114-113 (42
U.S.C. 1437f note; 129 Stat. 2897) may, upon such designation, use
funds (except for special purpose funding, including special purpose
vouchers) previously allocated to any such public housing agency under
section 8 or 9 of the United States Housing Act of 1937, including any
reserve funds held by the public housing agency or funds held by the
Department of Housing and Urban Development, pursuant to the authority
for use of section 8 or 9 funding provided under such section and
section 204 of title II of the Departments of Veterans Affairs and
Housing and Urban Development and Independent Agencies Appropriations
Act, 1996 (Public Law 104-134; 110 Stat. 1321-28), notwithstanding the
purposes for which such funds were appropriated.
Sec. 229. None of the amounts made available by this Act may be
used to prohibit any public housing agency under receivership or the
direction of a Federal monitor from applying for, receiving, or using
funds made available under the heading ``Public Housing Fund'' for
competitive grants to evaluate and reduce lead-based paint hazards in
this Act or that remain available and not awarded from prior Acts, or
be used to prohibit a public housing agency from using such funds to
carry out any required work pursuant to a settlement agreement, consent
decree, voluntary agreement, or similar document for a violation of the
Lead Safe Housing or Lead Disclosure Rules.
Sec. 230. None of the funds made available by this title may be
used to issue rules or guidance in contravention of section 1210 of
Public Law 115-254 (132 Stat. 3442) or section 312 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5155).
Sec. 231. (a) Funds previously made available in the Consolidated
Appropriations Act, 2016 (Public Law 114-113) for the ``Choice
Neighborhoods Initiative'' that were available for obligation through
fiscal year 2018 are to remain available through fiscal year 2024 for
the liquidation of valid obligations incurred in fiscal years 2016
through 2018.
(b) Funds previously made available in the Consolidated
Appropriations Act, 2017 (Public Law 115-31) for the ``Choice
Neighborhoods Initiative'' that were available for obligation through
fiscal year 2019 are to remain available through fiscal year 2025 for
the liquidation of valid obligations incurred in fiscal years 2017
through 2019.
(c) Funds previously made available in the Consolidated
Appropriations Act, 2018 (Public Law 115-141) for the ``Choice
Neighborhoods Initiative'' that were available for obligation through
fiscal year 2020 are to remain available through fiscal year 2026 for
the liquidation of valid obligations incurred in fiscal years 2018
through 2020.
(d) Funds previously made available in the Consolidated
Appropriations Act, 2019 (Public Law 116-6) for the ``Choice
Neighborhoods Initiative'' that were available for obligation through
fiscal year 2021 are to remain available through fiscal year 2027 for
the liquidation of valid obligations incurred in fiscal years 2019
through 2021.
(e) Funds previously made available in the Further Consolidated
Appropriations Act, 2020 (Public Law 116-94) for the ``Choice
Neighborhoods Initiative'' that were available for obligation through
fiscal year 2022 are to remain available through fiscal year 2028 for
the liquidation of valid obligations incurred in fiscal years 2020
through 2022.
(f) Funds previously made available in the Consolidated
Appropriations Act, 2021 (Public Law 116-260) for the ``Choice
Neighborhoods Initiative'' that were available for obligation through
fiscal year 2023 are to remain available through fiscal year 2029 for
the liquidation of valid obligations incurred in fiscal years 2021
through 2023.
Sec. 232. For fiscal year 2023, if the Secretary determines or has
determined, for any prior formula grant allocation administered by the
Secretary under a program under the headings ``Public and Indian
Housing'', ``Community Planning and Development'', or ``Housing
Programs'' in this title, that a recipient received an allocation
greater than the amount such recipient should have received for a
formula allocation cycle pursuant to applicable statutes and
regulations, the Secretary may adjust for any such funding error in the
next applicable formula allocation cycle by (a) offsetting each such
recipient's formula allocation (if eligible for a formula allocation in
the next applicable formula allocation cycle) by the amount of any such
funding error; and (b) reallocating any available balances that are
attributable to the offset to the recipient or recipients that would
have been allocated additional funds in the formula allocation cycle in
which any such error occurred (if such recipient or recipients are
eligible for a formula allocation in the next applicable formula
allocation cycle) in an amount proportionate to such recipient's
eligibility under the next applicable formula allocation cycle formula:
Provided, That all offsets and reallocations from such available
balances shall be recorded against funds available for the next
applicable formula allocation cycle: Provided further, That the term
``next applicable formula allocation cycle'' means the first formula
allocation cycle for a program that is reasonably available for
correction following such a Secretarial determination: Provided
further, That if, upon request by a recipient and giving consideration
to all Federal resources available to the recipient for the same grant
purposes, the Secretary determines that the offset in a next applicable
formula allocation cycle would critically impair the recipient's
ability to accomplish the purpose of the formula grant, the Secretary
may adjust for the funding error across two or more formula allocation
cycles.
Sec. 233. (a) Amounts made available in paragraphs (1) and (2)
under the heading ``Native American Programs'' in title XII of division
B of the Coronavirus Aid, Relief, and Economic Security Act (Public Law
116-136) which were allocated or awarded to Indian tribes or tribally
designated housing entities, and which are not accepted as of the date
of enactment of this Act, are voluntarily returned, or otherwise
recaptured for any reason, may be used by the Secretary to make
additional grants for the same purpose and under the same terms and
conditions as amounts appropriated by section 11003(a)(2) of the
American Rescue Plan Act of 2021 (Public Law 117-2).
(b) Amounts repurposed by this section that were previously
designated by the Congress as an emergency requirement pursuant to the
Balanced Budget and Emergency Deficit Control Act of 1985 or a
concurrent resolution on the budget are designated as an emergency
requirement pursuant to section 4001(a)(1) of S. Con. Res. 14 (117th
Congress), the concurrent resolution on the budget for fiscal year
2022, and section 1(e) of H. Res. 1151 (117th Congress) as engrossed in
the House of Representatives on June 8, 2022.
Sec. 234. The Multifamily Assisted Housing Reform and
Affordability Act of 1997 (42 U.S.C. 1437f note) is amended--
(a) in section 515, by adding at the end the following new
subsection:
``(d) Rent Adjustments and Subsequent Renewals.--After the initial
renewal of a section 8 contract pursuant to this section and
notwithstanding any other provision of law or contract regarding the
adjustment of rents or subsequent renewal of such contract for a
project, including such a provision in section 514 or this section, in
the case of a project subject to any restrictions imposed pursuant to
sections 514 or this section, the Secretary may, not more than once
every 10 years, adjust such rents or renew such contracts at rent
levels that are equal to the lesser of budget-based rents or comparable
market rents for the market area upon the request of an owner or
purchaser who--
``(1) demonstrates that--
``(A) project income is insufficient to operate and
maintain the project, and no rehabilitation is
currently needed, as determined by the Secretary; or
``(B) the rent adjustment or renewal contract is
necessary to support commercially reasonable financing
(including any required debt service coverage and
replacement reserve) for rehabilitation necessary to
ensure the long-term sustainability of the project, as
determined by the Secretary, and in the event the owner
or purchaser fails to implement the rehabilitation as
required by the Secretary, the Secretary may take such
action against the owner or purchaser as allowed by
law; and
``(2) agrees to--
``(A) extend the affordability and use restrictions
required under 514(e)(6) for an additional twenty
years; and
``(B) enter into a binding commitment to continue
to renew such contract for and during such extended
term, provided that after the affordability and use
restrictions required under 514(e)(6) have been
maintained for a term of 30 years:
``(i) an owner with a contract for which
rent levels were set at the time of its initial
renewal under section 514(g)(2) shall request
that the Secretary renew such contract under
section 524 for and during such extended term;
and
``(ii) an owner with a contract for which
rent levels were set at the time of its initial
renewal under section 514(g)(1) may request
that the Secretary renew such contract under
section 524.'';
(b) in section 524, by adding at the end the following new
subsection:
``(h) Rent Adjustments to Address Distress.--In the case of a
section 8 contract that will be eligible for renewal under this section
when it expires or terminates, notwithstanding any provision of
contract or law regarding the adjustment of rents, including such a
provision in this section, the Secretary may adjust such rents, subject
to the availability of funds for such rent adjustments, to rent levels
that are equal to the lesser of budget-based rents or comparable market
rents for the market area at the request of an owner or purchaser who
demonstrates that such rent adjustment is needed to address project
health and safety deficiencies and that--
``(1) project income is insufficient to operate and
maintain the project, and no rehabilitation is currently
needed, as determined by the Secretary; or
``(2) the rent adjustment is necessary to support
commercially reasonable financing (including any required debt
service coverage and replacement reserve) for rehabilitation
necessary to ensure the long-term sustainability of the
project, as determined by the Secretary, and in the event the
owner or purchaser fails to implement the rehabilitation as
required by the Secretary, the Secretary may take such action
against the owner or purchaser as allowed by law.''; and
(c) in section 579, by striking ``October 1, 2022'' each place it
appears and inserting in lieu thereof ``October 1, 2027''.
Sec. 235. Of the amounts made available under the heading
``Project-Based Rental Assistance'' in prior Acts, up to $1,300,000 may
be transferred to Treasury Account 86-X-0148 for the liquidation of
obligations incurred in fiscal year 2018 in connection with the
continued provision of interest reduction payments authorized under
section 236 of the National Housing Act (12 U.S.C. 1715z-1).
Sec. 236. (a) Funds previously made available in chapter 9 of title
X of the Disaster Relief Appropriations Act, 2013 (Public Law 113-2,
division A; 127 Stat. 36) under the heading ``Department of Housing and
Urban Development--Community Planning and Development--Community
Development Fund'' that were available for obligation through fiscal
year 2017 are to remain available until expended for the liquidation of
valid obligations incurred in fiscal years 2013 through 2017.
(b) Notwithstanding any other provision of law, in the case of any
grantee of funds referred to in subsection (a) of this section that
provides assistance that duplicates benefits available to a person for
the same purpose from another source, the grantee itself shall--
(1) be subject to remedies for noncompliance; or
(2) bear responsibility for absorbing such cost of
duplicative benefits and returning an amount equal to any
duplicative benefits paid to the grantee's funds available for
use under such heading, unless the Secretary, upon the request
of a grantee issues a public determination by publication in
the Federal Register that it is not in the best interest of the
Federal Government to pursue such remedies.
(c) Notwithstanding any other provision of law, any grantee of
funds referred to in subsection (a) of this section may request a
waiver from the Secretary of Housing and Urban Development of any
recoupment by the Secretary of such funds for amounts owed by persons
who have received such assistance from such funds and who have been
defrauded, or after receiving assistance, have filed for bankruptcy,
gone through a foreclosure procedure on property that received such
assistance, or are deceased. If the grantee self-certifies to the
Secretary in such request that it has verified that the individual
conditions of each person it is requesting a waiver for meets one of
the conditions specified in the preceding sentence, the Secretary may
grant such waivers on the basis of grantee self-certification, issue a
public determination by publication in the Federal Register that it is
not in the best interest of the Federal Government to pursue such
recoupment, and may conduct oversight to verify grantee self-
certification and subject the grantee to remedies for noncompliance for
any amounts that have not met such requirements.
(d) Amounts repurposed pursuant to this section that were
previously designated by the Congress as an emergency requirement
pursuant to the Balanced Budget and Emergency Deficit Control Act of
1985 or a concurrent resolution on the budget are designated as an
emergency requirement pursuant to section 4001(a)(1) of S. Con. Res. 14
(117th Congress), the concurrent resolution on the budget for fiscal
year 2022, and section 1(e) of H. Res. 1151 (117th Congress) as
engrossed in the House of Representatives on June 8, 2022.
Sec. 237. None of the funds made available to the Department of
Housing and Urban Development by this or any other Act may be used to
implement, administer, enforce, or in any way make effective the
proposed rule entitled ``Housing and Community Development Act of 1980:
Verification of Eligible Status'', issued by the Department of Housing
and Urban Development on May 10, 2019 (Docket No. FR-6124-P-01), or any
final rule based substantially on such proposed rule.
This title may be cited as the ``Department of Housing and Urban
Development Appropriations Act, 2023''.
TITLE III
RELATED AGENCIES
Access Board
salaries and expenses
For expenses necessary for the Access Board, as authorized by
section 502 of the Rehabilitation Act of 1973 (29 U.S.C. 792),
$9,850,000: Provided, That, notwithstanding any other provision of
law, there may be credited to this appropriation funds received for
publications and training expenses.
Federal Maritime Commission
salaries and expenses
For necessary expenses of the Federal Maritime Commission as
authorized by section 201(d) of the Merchant Marine Act, 1936, as
amended (46 U.S.C. 46107), including services as authorized by section
3109 of title 5, United States Code; hire of passenger motor vehicles
as authorized by section 1343(b) of title 31, United States Code; and
uniforms or allowances therefore, as authorized by sections 5901 and
5902 of title 5, United States Code, $38,260,000, of which $2,000,000
shall remain available until September 30, 2024: Provided, That not to
exceed $3,500 shall be for official reception and representation
expenses.
National Railroad Passenger Corporation
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of Inspector General for the
National Railroad Passenger Corporation to carry out the provisions of
the Inspector General Act of 1978 (5 U.S.C. App. 3), $27,935,000:
Provided, That the Inspector General shall have all necessary
authority, in carrying out the duties specified in such Act, to
investigate allegations of fraud, including false statements to the
Government under section 1001 of title 18, United States Code, by any
person or entity that is subject to regulation by the National Railroad
Passenger Corporation: Provided further, That the Inspector General
may enter into contracts and other arrangements for audits, studies,
analyses, and other services with public agencies and with private
persons, subject to the applicable laws and regulations that govern the
obtaining of such services within the National Railroad Passenger
Corporation: Provided further, That the Inspector General may select,
appoint, and employ such officers and employees as may be necessary for
carrying out the functions, powers, and duties of the Office of
Inspector General, subject to the applicable laws and regulations that
govern such selections, appointments, and employment within the
National Railroad Passenger Corporation: Provided further, That
concurrent with the President's budget request for fiscal year 2024,
the Inspector General shall submit to the House and Senate Committees
on Appropriations a budget request for fiscal year 2024 in similar
format and substance to budget requests submitted by executive agencies
of the Federal Government.
National Transportation Safety Board
salaries and expenses
For necessary expenses of the National Transportation Safety Board,
including hire of passenger motor vehicles and aircraft; services as
authorized by section 3109 of title 5, United States Code, but at rates
for individuals not to exceed the per diem rate equivalent to the rate
for a GS-15; uniforms, or allowances therefor, as authorized by
sections 5901 and 5902 of title 5, United States Code, $129,300,000, of
which not to exceed $2,000 may be used for official reception and
representation expenses: Provided, That the amounts made available to
the National Transportation Safety Board in this Act include amounts
necessary to make lease payments on an obligation incurred in fiscal
year 2001 for a capital lease.
Neighborhood Reinvestment Corporation
payment to the neighborhood reinvestment corporation
For payment to the Neighborhood Reinvestment Corporation for use in
neighborhood reinvestment activities, as authorized by the Neighborhood
Reinvestment Corporation Act (42 U.S.C. 8101-8107), $185,000,000.
Surface Transportation Board
salaries and expenses
For necessary expenses of the Surface Transportation Board,
including services authorized by section 3109 of title 5, United States
Code, $42,029,000: Provided, That of the amounts made available under
this heading, not less than $1,000,000 shall be for the necessary
salaries and expenses to implement section 22309 of the Infrastructure
Investment and Jobs Act (Public Law 117-58), and for other activities
as appropriate as determined by the Surface Transportation Board:
Provided further, That, notwithstanding any other provision of law, not
to exceed $1,250,000 from fees established by the Surface
Transportation Board shall be credited to this appropriation as
offsetting collections and used for necessary and authorized expenses
under this heading: Provided further, That the amounts made available
under this heading from the general fund shall be reduced on a dollar-
for-dollar basis as such offsetting collections are received during
fiscal year 2023, to result in a final appropriation from the general
fund estimated at not more than $40,779,000.
United States Interagency Council on Homelessness
operating expenses
For necessary expenses, including payment of salaries, authorized
travel, hire of passenger motor vehicles, the rental of conference
rooms, and the employment of experts and consultants under section 3109
of title 5, United States Code, of the United States Interagency
Council on Homelessness in carrying out the functions pursuant to title
II of the McKinney-Vento Homeless Assistance Act, as amended,
$4,580,000.
TITLE IV
GENERAL PROVISIONS--THIS ACT
Sec. 401. None of the funds in this Act shall be used for the
planning or execution of any program to pay the expenses of, or
otherwise compensate, non-Federal parties intervening in regulatory or
adjudicatory proceedings funded in this Act.
Sec. 402. None of the funds appropriated in this Act shall remain
available for obligation beyond the current fiscal year, nor may any be
transferred to other appropriations, unless expressly so provided
herein.
Sec. 403. The expenditure of any appropriation under this Act for
any consulting service through a procurement contract pursuant to
section 3109 of title 5, United States Code, shall be limited to those
contracts where such expenditures are a matter of public record and
available for public inspection, except where otherwise provided under
existing law, or under existing Executive order issued pursuant to
existing law.
Sec. 404. (a) None of the funds made available in this Act may be
obligated or expended for any employee training that--
(1) does not meet identified needs for knowledge, skills,
and abilities bearing directly upon the performance of official
duties;
(2) contains elements likely to induce high levels of
emotional response or psychological stress in some
participants;
(3) does not require prior employee notification of the
content and methods to be used in the training and written end
of course evaluation;
(4) contains any methods or content associated with
religious or quasi-religious belief systems or ``new age''
belief systems as defined in Equal Employment Opportunity
Commission Notice N-915.022, dated September 2, 1988; or
(5) is offensive to, or designed to change, participants'
personal values or lifestyle outside the workplace.
(b) Nothing in this section shall prohibit, restrict, or otherwise
preclude an agency from conducting training bearing directly upon the
performance of official duties.
Sec. 405. Except as otherwise provided in this Act, none of the
funds provided in this Act, provided by previous appropriations Acts to
the agencies or entities funded in this Act that remain available for
obligation or expenditure in fiscal year 2023, or provided from any
accounts in the Treasury derived by the collection of fees and
available to the agencies funded by this Act, shall be available for
obligation or expenditure through a reprogramming of funds that--
(1) creates a new program;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel for any program, project,
or activity for which funds have been denied or restricted by
the Congress;
(4) proposes to use funds directed for a specific activity
by either the House or Senate Committees on Appropriations for
a different purpose;
(5) augments existing programs, projects, or activities in
excess of $5,000,000 or 10 percent, whichever is less;
(6) reduces existing programs, projects, or activities by
$5,000,000 or 10 percent, whichever is less; or
(7) creates, reorganizes, or restructures a branch,
division, office, bureau, board, commission, agency,
administration, or department different from the budget
justifications submitted to the Committees on Appropriations or
the table accompanying the report accompanying this Act,
whichever is more detailed, unless prior approval is received
from the House and Senate Committees on Appropriations:
Provided, That not later than 60 days after the date of enactment of
this Act, each agency funded by this Act shall submit a report to the
Committees on Appropriations of the Senate and of the House of
Representatives to establish the baseline for application of
reprogramming and transfer authorities for the current fiscal year:
Provided further, That the report shall include--
(A) a table for each appropriation with a separate
column to display the prior year enacted level, the
President's budget request, adjustments made by
Congress, adjustments due to enacted rescissions, if
appropriate, and the fiscal year enacted level;
(B) a delineation in the table for each
appropriation and its respective prior year enacted
level by object class and program, project, and
activity as detailed in this Act, the table
accompanying the report accompanying this Act,
accompanying reports of the House and Senate Committee
on Appropriations, or in the budget appendix for the
respective appropriations, whichever is more detailed,
and shall apply to all items for which a dollar amount
is specified and to all programs for which new budget
(obligational) authority is provided, as well as to
discretionary grants and discretionary grant
allocations; and
(C) an identification of items of special
congressional interest.
Sec. 406. Except as otherwise specifically provided by law, not to
exceed 50 percent of unobligated balances remaining available at the
end of fiscal year 2023 from appropriations made available for salaries
and expenses for fiscal year 2023 in this Act, shall remain available
through September 30, 2024, for each such account for the purposes
authorized: Provided, That a request shall be submitted to the House
and Senate Committees on Appropriations for approval prior to the
expenditure of such funds: Provided further, That these requests shall
be made in compliance with reprogramming guidelines under section 405
of this Act.
Sec. 407. No funds in this Act may be used to support any Federal,
State, or local projects that seek to use the power of eminent domain,
unless eminent domain is employed only for a public use: Provided,
That for purposes of this section, public use shall not be construed to
include economic development that primarily benefits private entities:
Provided further, That any use of funds for mass transit, railroad,
airport, seaport or highway projects, as well as utility projects which
benefit or serve the general public (including energy-related,
communication-related, water-related and wastewater-related
infrastructure), other structures designated for use by the general
public or which have other common-carrier or public-utility functions
that serve the general public and are subject to regulation and
oversight by the government, and projects for the removal of an
immediate threat to public health and safety or brownfields as defined
in the Small Business Liability Relief and Brownfields Revitalization
Act (Public Law 107-118) shall be considered a public use for purposes
of eminent domain.
Sec. 408. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government, except pursuant to a transfer made by, or transfer
authority provided in, this Act or any other appropriations Act.
Sec. 409. No funds appropriated pursuant to this Act may be
expended by an entity unless the entity agrees that in expending the
assistance the entity will comply with sections 2 through 4 of the Act
of March 3, 1933 (41 U.S.C. 8301-8305, popularly known as the ``Buy
American Act'').
Sec. 410. No funds appropriated or otherwise made available under
this Act shall be made available to any person or entity that has been
convicted of violating the Buy American Act (41 U.S.C. 8301-8305).
Sec. 411. None of the funds made available in this Act may be used
for first-class airline accommodations in contravention of sections
301-10.122 and 301-10.123 of title 41, Code of Federal Regulations.
Sec. 412. None of the funds made available in this Act may be used
to send or otherwise pay for the attendance of more than 50 employees
of a single agency or department of the United States Government, who
are stationed in the United States, at any single international
conference unless the relevant Secretary reports to the House and
Senate Committees on Appropriations at least 5 days in advance that
such attendance is important to the national interest: Provided, That
for purposes of this section the term ``international conference''
shall mean a conference occurring outside of the United States attended
by representatives of the United States Government and of foreign
governments, international organizations, or nongovernmental
organizations.
Sec. 413. None of the funds appropriated or otherwise made
available under this Act may be used by the Surface Transportation
Board to charge or collect any filing fee for rate or practice
complaints filed with the Board in an amount in excess of the amount
authorized for district court civil suit filing fees under section 1914
of title 28, United States Code.
Sec. 414. (a) None of the funds made available in this Act may be
used to maintain or establish a computer network unless such network
blocks the viewing, downloading, and exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law enforcement
agency or any other entity carrying out criminal investigations,
prosecution, or adjudication activities.
Sec. 415. (a) None of the funds made available in this Act may be
used to deny an Inspector General funded under this Act timely access
to any records, documents, or other materials available to the
department or agency over which that Inspector General has
responsibilities under the Inspector General Act of 1978 (5 U.S.C.
App.), or to prevent or impede that Inspector General's access to such
records, documents, or other materials, under any provision of law,
except a provision of law that expressly refers to the Inspector
General and expressly limits the Inspector General's right of access.
(b) A department or agency covered by this section shall provide
its Inspector General with access to all such records, documents, and
other materials in a timely manner.
(c) Each Inspector General shall ensure compliance with statutory
limitations on disclosure relevant to the information provided by the
establishment over which that Inspector General has responsibilities
under the Inspector General Act of 1978 (5 U.S.C. App.).
(d) Each Inspector General covered by this section shall report to
the Committees on Appropriations of the House of Representatives and
the Senate within 5 calendar days any failures to comply with this
requirement.
Sec. 416. None of the funds appropriated or otherwise made
available by this Act may be used to pay award or incentive fees for
contractors whose performance has been judged to be below satisfactory,
behind schedule, over budget, or has failed to meet the basic
requirements of a contract, unless the Agency determines that any such
deviations are due to unforeseeable events, government-driven scope
changes, or are not significant within the overall scope of the project
and/or program unless such awards or incentive fees are consistent with
16.401(e)(2) of the Federal Acquisition Regulations.
Sec. 417. Within the amounts appropriated in this Act, funding
shall be allocated in the amounts specified for those projects and
purposes delineated in the table titled ``Transportation, Housing and
Urban Development Incorporation of Community Project Funding Items''
included in the report accompanying this Act.
Sec. 418. No part of any appropriation contained in this Act shall
be available to pay the salary for any person filling a position, other
than a temporary position, formerly held by an employee who has left to
enter the Armed Forces of the United States and has satisfactorily
completed his or her period of active military or naval service, and
has within 90 days after his or her release from such service or from
hospitalization continuing after discharge for a period of not more
than 1 year, made application for restoration to his or her former
position and has been certified by the Office of Personnel Management
as still qualified to perform the duties of his or her former position
and has not been restored thereto.
Sec. 419. (a) None of the funds made available by this Act may be
used to approve a new foreign air carrier permit under sections 41301
through 41305 of title 49, United States Code, or exemption application
under section 40109 of that title of an air carrier already holding an
air operators certificate issued by a country that is party to the
U.S.-E.U.-Iceland-Norway Air Transport Agreement where such approval
would contravene United States law or Article 17 bis of the U.S.-E.U.-
Iceland-Norway Air Transport Agreement.
(b) Nothing in this section shall prohibit, restrict or otherwise
preclude the Secretary of Transportation from granting a foreign air
carrier permit or an exemption to such an air carrier where such
authorization is consistent with the U.S.-E.U.-Iceland-Norway Air
Transport Agreement and United States law.
This Act may be cited as the ``Transportation, Housing and Urban
Development, and Related Agencies Appropriations Act, 2023''.
Union Calendar No. 310
117th CONGRESS
2d Session
H. R. 8294
[Report No. 117-402]
_______________________________________________________________________
A BILL
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.
_______________________________________________________________________
July 5, 2022
Committed to the Committee of the Whole House on the State of the Union
and ordered to be printed
Committee of the Whole House on the state of the Union rises leaving H.R. 8294 as unfinished business.
Considered as unfinished business. (consideration: CR H6891-6901)
The House resolved into Committee of the Whole House on the state of the Union for further consideration.
DEBATE - Pursuant to the provisions of H. Res. 1232, the Committee of the Whole proceeded with 30 minutes of debate on the DeLauro en bloc No. 7.
POSTPONED PROCEEDINGS - At the conclusion of debate on the DeLauro amendment en bloc No. 7, the Chair put the question on adoption of the amendment and by voice vote, announced that the ayes had prevailed. Ms. Granger demanded a recorded vote and the Chair postponed further proceedings until a time to be announced.
DEBATE - Pursuant to the provisions of H. Res. 1232, the Committee of the Whole proceeded with 10 minutes of debate on the Tlaib amendment No. 137.
POSTPONED PROCEEDINGS - At the conclusion of debate on the Tlaib amendment No. 137, the Chair put the question on adoption of the amendment and by voice vote, announced that the ayes had prevailed. Mr. Diaz- Balart demanded a recorded vote and the Chair postponed further proceedings until a time to be announced.
DEBATE - Pursuant to the provisions of H. Res. 1232, the Committee of the Whole proceeded with 30 minutes of debate on the DeLauro en bloc No. 8.
POSTPONED PROCEEDINGS - At the conclusion of debate on the DeLauro en bloc amendment No. 8, the Chair put the question on adoption of the amendment and by voice vote, announced that the ayes had prevailed. Mr. Posey demanded a recorded vote and the Chair postponed further proceedings until a time to be announced.
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The House rose from the Committee of the Whole House on the state of the Union to report H.R. 8294.
The previous question was ordered pursuant to the rule.
The House adopted the amendment as agreed to by the Committee of the Whole House on the state of the Union.
Mr. Valadao moved to recommit to the Committee on Appropriations. (text: CR H6900)
The previous question on the motion to recommit was ordered pursuant to clause 2(b) of rule XIX.
On motion to recommit Failed by the Yeas and Nays: 206 - 219 (Roll no. 382).
Roll Call #382 (House)Passed/agreed to in House: On passage Passed by the Yeas and Nays: 220 - 207 (Roll no. 383).
Roll Call #383 (House)On passage Passed by the Yeas and Nays: 220 - 207 (Roll no. 383).
Roll Call #383 (House)Motion to reconsider laid on the table Agreed to without objection.
The Clerk was authorized to correct section numbers, punctuation, and cross references, and to make other necessary technical and conforming corrections in the engrossment of H.R. 8294.
Received in the Senate and Read twice and referred to the Committee on Appropriations.