[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4670 Introduced in Senate (IS)]
<DOC>
117th CONGRESS
2d Session
S. 4670
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 SENATE OF THE UNITED STATES
July 28, 2022
Mr. Schatz introduced the following bill; which was read twice and
referred to the Committee on Appropriations
_______________________________________________________________________
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
(including transfer of funds)
For necessary expenses of the Office of the Secretary,
$171,014,000: 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) $28,089,000 shall be available for the Office of the
General Counsel;
(4) $17,469,000 shall be available for the Office of the
Under Secretary of Transportation for Policy, of which
$2,000,000 is for the Office for Multimodal Freight
Infrastructure and 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) $41,399,000 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) $15,533,000 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) $1,450,000 shall be available for the Office of Tribal
Government Affairs:
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 notice of
any change in funding greater than 7 percent shall be submitted for
approval to the House and Senate Committees on Appropriations:
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:
Provided further, That none of the funds provided in this Act shall be
available for the position of Assistant Secretary for Public Affairs.
research and technology
For necessary expenses related to the Office of the Assistant
Secretary for Research and Technology, $48,396,000, of which
$33,718,000 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 a local and regional project
assistance grant program under section 6702 of title 49, United States
Code, $1,090,000,000, 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 $20,000,000 shall be awarded to projects in
historically disadvantaged communities or areas of persistent poverty
as 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: 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 $45,000,000: 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 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 section
6702(d)(3) and (d)(4) of title 49, United States Code.
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, $8,850,000,
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.
infrastructure advancement initiative for thriving communities
(including transfer of funds)
For necessary expenses to provide technical assistance and
cooperative agreements for planning and capacity building for
transportation infrastructure improvements as established in section
21205 of Public Law 117-58 and under the heading ``Thriving Communities
Initiative'' in division L of Public Law 117-103, $25,000,000, to
remain available until September 30, 2025: Provided, 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 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, support economic
growth, alleviate supply chain congestion, improve safety, reduce
pollution from transportation sources, expand affordable transportation
options, facilitate efficient land use, preserve or expand jobs,
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), rural areas, Tribal
communities, Native Alaskan communities, Native Hawaiian communities,
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 first proviso under this
heading that request assistance: 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 first 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 any amounts made available for section 21205 of
Public Law 117-58 in this Act or unobligated balances from prior Acts
may be transferred to this account: Provided further, That amounts
transferred to this account under the preceding proviso shall not be
subject to other provisos under this heading: Provided further, That
the Secretary may transfer amounts made available under this heading
among the Office of the Secretary and the operating administrations of
the Department of Transportation.
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 as 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, $17,014,000.
transportation planning, research, and development
(including transfer of funds)
For necessary expenses for conducting transportation planning,
research, systems development, development activities, and making
grants, $36,543,000, to remain available until expended: Provided,
That of such amount, $5,436,000 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: Provided further, That of the
amounts made available under this heading, $12,914,000 shall be made
available for the purposes, and in amounts, specified for
Congressionally Directed Spending in the table entitled
``Congressionally Directed Spending'' included in the explanatory
statement accompanying this Act.
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, $5,132,000, 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, $368,727,000, 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: Provided further, That, notwithstanding section 41733 of title
49, United States Code, for fiscal year 2023, the requirements
established under subparagraphs (B) and (C) of section 41731(a)(1) of
title 49, United States Code, and the subsidy cap established by
section 332 of the Department of Transportation and Related Agencies
Appropriations Act, 2000, shall not apply to maintain eligibility under
section 41731 of title 49, United States Code.
electric vehicle fleet
(including transfer of funds)
For necessary expenses to transition to the General Services
Administration's leased vehicle fleet, and for the purchase of electric
passenger motor vehicles and necessary supporting charging or fueling
infrastructure, $16,000,000, to remain available until expended:
Provided, That such amounts made available under this heading may be
transferred to other accounts of the Department of Transportation for
the purposes of this heading.
administrative provisions--office of the secretary of transportation
(including rescission and transfer of funds)
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.
Sec. 108. For an additional amount for necessary expenses of the
Volpe National Transportation Systems Center, as authorized in section
328 of title 49, United States Code, $4,500,000, to remain available
until expended.
Sec. 109. (a) The remaining unobligated balances, as of September
30, 2022, from amounts made available for the ``Department of
Transportation--Office of the Secretary--National Infrastructure
Investments'' in division H of the Further Consolidated Appropriations
Act, 2020 (Public Law 116-94) are hereby permanently rescinded, and an
amount of additional new budget authority equivalent to the amount
rescinded is hereby appropriated on September 30, 2022, to remain
available until September 30, 2024, and shall be available, without
additional competition, for completing the funding of awards made
pursuant to the fiscal year 2020 national infrastructure investments
program.
(b) The remaining unobligated balances, as of September 30, 2022,
from amounts made available in section 105 of division L of the
Consolidated Appropriations Act, 2021 (Public Law 116-260) are hereby
permanently rescinded, and an amount of additional new budget authority
equivalent to the amount rescinded is hereby appropriated on September
30, 2022, to remain available until September 30, 2024, and shall be
available, without additional competition, for completing the funding
of awards made pursuant to the fiscal year 2019 national infrastructure
investments program.
(c) This section shall become effective immediately upon enactment
of this Act.
(d) If this Act is enacted after September 30, 2022, this section
shall be applied as if it were in effect on September 30, 2022.
Sec. 109A. (a) Amounts made available to the Secretary of
Transportation or the Department of Transportation's operating
administrations in this Act or in Public Law 117-103 for the costs of
award, administration, or oversight of financial assistance under the
programs identified in subsection (c) may be transferred to the account
identified in section 801 of division J of Public Law 117-58, to remain
available until expended, for the necessary expenses of award,
administration, or oversight of any financial assistance programs in
the Department of Transportation.
(b) Amounts transferred under the authority in this section are
available in addition to amounts otherwise available for such purpose.
(c) The programs from which funds made available under this Act or
in Public Law 117-103 may be transferred under subsection (a) are:
(1) the local and regional project assistance program under
section 6702 of title 49, United States Code; and
(2) the Transportation Resilience and Adaptation Centers of
Excellence program under section 520 of title 23, United States
Code.
Federal Aviation Administration
operations
(airport and airway trust fund)
(including transfer of funds)
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, $11,900,821,000, to remain available until September
30, 2024, of which $9,933,821,000 to be derived from the Airport and
Airway Trust Fund: Provided, That of the sums appropriated under this
heading--
(1) not less than $1,601,842,000 shall be available for
aviation safety activities;
(2) $8,787,490,000 shall be available for air traffic
organization activities;
(3) $35,854,000 shall be available for commercial space
transportation activities;
(4) $915,049,000 shall be available for finance and
management activities;
(5) $158,118,000 shall be available for security and
hazardous materials safety activities;
(6) $58,135,000 shall be available for research and
development activities;
(7) $41,465,000 shall be available for integration and
engagement activities; and
(8) $302,868,000 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 $188,000,000
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)
(including transfer of funds)
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,
$3,060,000,000, of which $570,000,000 is for personnel and related
expenses and shall remain available until September 30, 2024,
$2,311,000,000 shall remain available until September 30, 2025, and
$179,000,000 is for terminal 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 in the table entitled ``Allocation of Funds
for FAA Facilities and Equipment from the Infrastructure Investment and
Jobs Act--Fiscal Year 2023'' in the explanatory statement accompanying
this Act 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: Provided further, That of
the amounts made available under this heading for terminal facilities,
$45,000,000 shall be made available for the purposes, and in amounts,
specified for Congressionally Directed Spending in the table entitled
``Congressionally Directed Spending'' included in the explanatory
statement accompanying this Act.
research, engineering, and development
(airport and airway trust fund)
(including transfer of funds)
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, $266,100,000, 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 explanatory statement accompanying this Act:
Provided further, That not to exceed 10 percent of any funding level
specified under this heading in the explanatory statement accompanying
this Act may be transferred to any other funding level specified under
this heading in the explanatory statement 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 more than $137,372,000 shall be available for
administration, not less than $15,000,000 shall be available for the
Airport Cooperative Research Program, not less than $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, $516,951,000, 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 sums
appropriated under this heading--
(1) $116,951,000 shall be made available for the purposes,
and in amounts, specified for Congressionally Directed Spending
in the table entitled ``Congressionally Directed Spending''
included in the explanatory statement accompanying this Act;
and
(2) up to $400,000,000 shall be made available to the
Secretary to distribute as discretionary grants to airports, of
which not less than $25,000,000 shall be made available to any
commercial service airport, notwithstanding the requirement for
the airport to be located in an air quality nonattainment or
maintenance area in section 47102(3)(K) and 47102(3)(L) of
title 49, United States Code, for work necessary to construct
or modify airport facilities to provide low-emission fuel
systems, gate electrification, other related air quality
improvements, acquisition of airport-owned vehicles or ground
support equipment with low-emission technology:
Provided further, That the Secretary may make discretionary grants to
primary airports for airport-owned infrastructure required for the on-
airport distribution, blending, or storage of sustainable aviation
fuels that achieve at least a 50 percent reduction in lifecycle
greenhouse gas emissions, using a methodology determined by the
Secretary, including, but not limited to, on-airport construction or
expansion of pipelines, rail lines and spurs, loading and off-loading
facilities, blending facilities, and storage tanks: Provided further,
That the Secretary may make discretionary grants for airport
development improvements of runways, taxiways, and aprons necessary to
sustain commercial service flight operations at a nonhub, small hub,
medium hub, or large hub airport to increase resilience for the purpose
of resuming flight operations under visual flight rules following an
earthquake, flooding, high water, hurricane, storm surge, tidal wave,
tornado, tsunami, wind driven water, or winter storms: 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 noncontiguous States.
Federal Highway Administration
limitation on administrative expenses
(highway trust fund)
(including transfer of funds)
Not to exceed $473,535,991 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: Provided, That in addition,
$3,248,000 shall be transferred to the Appalachian Regional Commission
in accordance with section 104(a) of title 23, United States Code.
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 shall be 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 $3,159,652,000:
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; (2) the Appalachian Development Highway System as authorized
under section 1069(y) of Public Law 102-240; (3) the nationally
significant Federal lands and Tribal projects program under section
1123 of the FAST Act, as amended (23 U.S.C. 201 note); (4) the Tribal
high priority projects program under section 1123 of MAP-21 (as amended
by Public Law 117-58); (5) the Northern Border Regional Commission (40
U.S.C. 15101 et seq.); or (6) the Denali Commission, and shall not
affect the distribution or amount of funds provided in any other Act:
Provided further, That, except for funds made available under this
heading for the Northern Border Regional Commission and the Denali
Commission, section 11101(e) of Public Law 117-58 shall apply to funds
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 sums appropriated under
this heading--
(1) $628,652,000 shall be for the purposes, and in the
amounts, specified for Congressionally Directed Spending in the
table entitled ``Congressionally Directed Spending'' included
in the explanatory statement 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 Appalachian States according to the
percentages derived from the 2012 Appalachian Development
Highway System Cost-to-Complete Estimate, adopted in
Appalachian Regional Commission Resolution Number 736, 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 2020 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) $51,000,000 shall be for the nationally significant
Federal lands and Tribal projects program under section 1123 of
the FAST Act, as amended (23 U.S.C. 201 note);
(4) $25,000,000 shall be to carry out the Tribal high
priority projects program under section 1123 of MAP-21 (as
amended by Public Law 117-58);
(5) $1,382,000,000 shall be for a bridge replacement and
rehabilitation program: Provided, That, for the purposes of
funds made available under this paragraph, the term ``State''
means any of the 50 States or the District of Columbia and the
term ``qualifying State'' means any State in which the
percentage of total deck area of bridges classified as in poor
condition in such State is at least 5 percent or in which the
percentage of total bridges classified as in poor condition in
such State is at least 5 percent: Provided further, That, of
the funds made available under this paragraph, the Secretary
shall reserve $6,000,000 for each State that does not meet the
definition of a qualifying State: Provided further, That,
after making the reservations under the preceding proviso, the
Secretary shall distribute the remaining funds made available
under this paragraph to each qualifying State by the proportion
that the percentage of total deck area of bridges classified as
in poor condition in such qualifying State bears to the sum of
the percentages of total deck area of bridges classified as in
poor condition in all qualifying States: Provided further,
That, of the funds made available under this paragraph--
(A) no qualifying State shall receive more than
$60,000,000;
(B) each State shall receive an amount not less
than $6,000,000; and
(C) after calculating the distribution of funds
pursuant to the preceding proviso, any amount in excess
of $60,000,000 shall be redistributed equally among
each State that does not meet the definition of a
qualifying State:
Provided further, That the funds made available under this
paragraph shall be used for highway bridge replacement or
rehabilitation projects on public roads: Provided further,
That for purposes of this paragraph, the Secretary shall
calculate the percentages of total deck area of bridges
(including the percentages of total deck area classified as in
poor condition) and the percentages of total bridge counts
(including the percentages of total bridges classified as in
poor condition) based on the National Bridge Inventory as of
December 31, 2018: Provided further, 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) $16,000,000 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;
(7) $10,000,000 shall be transferred to the Northern Border
Regional Commission (40 U.S.C. 15101 et seq.) to make grants,
in addition to amounts otherwise made available to the Northern
Border Regional Commission for such purpose, to carry out pilot
projects that demonstrate the capabilities of wood-based
infrastructure projects: Provided, That a grant made with
funds made available under this paragraph shall be administered
in the same manner as a grant made under subtitle V of title
40, United States Code;
(8) $250,000,000 shall be for competitive awards for
activities eligible under section 176(d)(4) of title 23, United
States Code, of which $200,000,000 shall be for such activities
eligible under subparagraph (A) of such section, and of which
$50,000,000 shall be for such activities eligible under
subparagraph (C) of such section: 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, except as otherwise provided under this heading,
funds made available under this paragraph shall be administered
as if made available to carry out section 176(d) of such title:
Provided further, That, for purposes of the calculation under
section 176(d)(5)(G)(ii) of such title, amounts made available
under this paragraph shall be included in the calculation of
the total amount provided for fiscal year 2023 under section
176(d) of such title: Provided further, That for purposes of
applying the set-asides under section 176(d)(5)(H)(ii) and
(iii) of such title, amounts made available under this
paragraph for competitive awards for activities eligible under
sections 176(d)(4)(A) and 176(d)(4)(C) of such title shall be
included in the calculation of the amounts made available to
carry out section 176(d) of such title for fiscal year 2023:
Provided further, That, the Secretary may retain not more than
a total of 5 percent of the amounts made available under this
paragraph to carry out this paragraph and to review
applications for grants under this paragraph, and may transfer
portions of the funds retained under this proviso to the
relevant Administrators to fund the award and oversight of
grants provided under this paragraph: Provided further, That a
project assisted with funds made available under this paragraph
shall be treated as a project on a Federal-aid highway;
(9) $25,000,000 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):
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: Provided further, That funds
made available under this paragraph shall remain available
until expended;
(10) $3,000,000 shall be to carry out the Pollinator-
Friendly Practices on Roadsides and Highway Rights-of-Way
Program under section 332 of title 23, United States Code;
(11) $5,000,000 shall be transferred to the Denali
Commission for activities eligible under section 307(e) of the
Denali Commission Act of 1998 (42 U.S.C. 3121 note; Public Law
105-277): Provided, That funds made available under this
paragraph shall not be subject to section 311 of such Act:
Provided further, That except as otherwise provided under
section 307(e) of such Act or this heading, funds made
available under this paragraph shall be administered as if
directly appropriated to the Denali Commission and subject to
applicable provisions of such Act, including the requirement in
section 307(e) of such Act that the local community provides a
10 percent non-Federal match in the form of any necessary land
or planning and design funds: Provided further, That such
funds shall be available until expended: Provided further,
That the Federal share of the costs for which an expenditure is
made with funds transferred under this paragraph shall be up to
90 percent;
(12) $20,000,000 shall be transferred to the Denali
Commission to carry out the Denali Access System Program under
section 309 of the Denali Commission Act of 1998 (42 U.S.C.
3121 note; Public Law 105-277): Provided, That a transfer
under this paragraph shall not be subject to section 311 of
such Act: Provided further, That except as otherwise provided
under this heading, funds made available under this paragraph
shall be administered as if directly appropriated to the Denali
Commission and subject to applicable provisions of such Act:
Provided further, That funds made available under this
paragraph shall not be subject to section 309(j)(2) of such
Act: Provided further, That funds made available under this
paragraph shall be available until expended: Provided further,
That the Federal share of the costs for which an expenditure is
made with funds transferred under this paragraph shall be up to
100 percent;
(13) $640,680,000 shall be for activities eligible under
section 133(b) of title 23, United States Code, and to provide
necessary charging infrastructure along corridor-ready or
corridor-pending alternative fuel corridors designated pursuant
to section 151 of title 23, United States Code: Provided, That
for the purposes of funds made available under this paragraph,
the term ``State'' means any of the 50 States or the District
of Columbia: Provided further, That the funds made available
under this paragraph shall be suballocated in the manner
described in section 133(d) of title 23, United States Code,
except that the set-aside described in section 133(h) of such
title shall not apply to funds made available under this
paragraph: Provided further, 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 such title: Provided further, That, the funds
made available under this paragraph shall be apportioned to the
States in the same ratio as the obligation limitation for
fiscal year 2023 is distributed among the States in section
120(a)(5) of this Act;
(14) $2,670,000 shall be for activities eligible under the
Puerto Rico Highway Program as described in section
165(b)(2)(C) of title 23, United States Code: Provided, That,
except as provided in the following proviso, the funds made
available under this paragraph shall be administered as if
allocated under section 165(b) of title 23, United States Code:
Provided further, That the funds made available under this
paragraph shall not be subject to the requirements of sections
165(b)(2)(A) or 165(b)(2)(B) of such title; and
(15) $650,000 shall be for activities eligible under the
Territorial Highway Program, as described in section 165(c)(6)
of title 23, United States Code: Provided, That the funds made
available under this paragraph shall be administered as if
allocated under section 165(c) of title 23, United States Code.
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 section 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.
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 post on a website 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.
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. Section 1105(e)(5)(C)(i) of the Intermodal Surface
Transportation Efficiency Act of 1991 (Public Law 102-240; 109 Stat.
598; 133 Stat. 3018) is amended by striking the seventh, eighth, and
ninth sentences.
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, as
amended by the Infrastructure Investment and Jobs Act (Public Law 117-
58), $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 sums appropriated under this heading--
(1) $398,500,000 shall be available for the motor carrier
safety assistance program;
(2) $42,650,000 shall be available for the commercial
driver's license program implementation program;
(3) $58,800,000 shall be available for the high priority
activities program;
(4) $1,200,000 shall be available for the commercial motor
vehicle operators grant program; and
(5) $5,000,000 shall be available 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
send notice of section 385.308 of title 49, Code of Federal
Regulations, violations by certified mail, registered mail, or another
manner of delivery, which records the receipt of the notice by the
persons responsible for the violations.
Sec. 131. 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. 132. 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 defined in section 31132(1) of such
title, transporting livestock as 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,
$210,000,000, 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, and shall be in addition to the amount of any
limitation imposed on obligations for future years: 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 prior to exercising the authority granted under the
preceding proviso or under section 405(a)(8) of title 23, United States
Code.
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.
Sec. 143. Section 24220 of the Infrastructure Investment and Jobs
Act (Public Law 117-58) is amended by adding at the end the following:
``(f) Short Title.--This section may be cited as the `Honoring the
Abbas Family Legacy to Terminate Drunk Driving Act'.''.
Federal Railroad Administration
safety and operations
For necessary expenses of the Federal Railroad Administration, not
otherwise provided for, $254,426,000, of which $25,000,000 shall remain
available until expended.
railroad research and development
For necessary expenses for railroad research and development,
$44,000,000, to remain available until expended: Provided, That of the
amounts provided 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, $200,000,000, to remain available until
expended: Provided, That the Secretary may withhold up to 2 percent of
the amount provided 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
(including transfer of funds)
For necessary expenses related to Consolidated Rail Infrastructure
and Safety Improvements grants, as authorized by section 22907 of title
49, United States Code, $534,566,000, to remain available until
expended: Provided,That of the amounts made available under this
heading in this Act, $30,426,000 shall be made available for the
purposes, and in amounts, specified for Congressionally Directed
Spending in the table entitled ``Congressionally Directed Spending''
included in the explanatory statement accompanying this Act: Provided
further, That requirements under subsections (g) and (l) of section
22907 of title 49, United States Code, shall not apply to the preceding
proviso: Provided further, That any remaining funds available after
the distribution of the Congressionally Directed Spending described
under this heading shall be available to the Secretary to distribute as
discretionary grants under this heading: Provided further, That
section 22905(f) of title 49, United States Code, shall not apply to
amounts made available under this heading in this Act for projects that
implement or sustain positive train control systems otherwise eligible
under section 22907(c)(1) of title 49, United States Code: Provided
further, That amounts made available under this heading in this Act for
projects selected for commuter rail passenger transportation may be
transferred by the Secretary, after selection, to the appropriate
agencies to be administered in accordance with chapter 53 of title 49,
United States Code: Provided further, That for amounts made available
under this heading in this Act, eligible recipients under section
22907(b)(7) of title 49, United States Code, shall include any holding
company of a Class II railroad or Class III railroad (as those terms
are defined in section 20102 of title 49, United States Code):
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 this Act: 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 in this Act: Provided further, That the preceding
proviso shall not apply to funds made available under this heading in
the Infrastructure Investment and Jobs Act (division J of Public Law
117-58): Provided further, That unobligated balances remaining after 6
years from 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 retain up to $5,000,000
of the amount provided under this heading in this Act to establish a
National Railroad Institute to develop and conduct training and
education programs for both public and private sector railroad and
railroad-related industry employees: 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 (division B of Public Law 117-
58), $1,134,811,000, to remain available until expended: Provided,
That the Secretary may retain up to one-half of 1 percent of the funds
provided 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 (division B of 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
(division B of Public Law 117-58), the Secretary may retain up to an
additional $6,000,000 of the funds provided 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.
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 (division B of Public Law 117-
58), $1,465,882,000, to remain available until expended: Provided,
That the Secretary may retain up to an additional $3,000,000 of the
funds provided under this heading in this Act to fund expenses
associated with the State-Supported Route Committee established under
section 24712 of title 49, United States Code: Provided further, That
at least $50,000,000 of the amount provided under this heading in this
Act shall be available for the development, installation and operation
of railroad safety improvements, including the implementation of a
positive train control system, on State-supported routes as defined
under section 24102(13) of title 49, United States Code, on which
positive train control systems are not required by law or regulation as
identified on or before the date of enactment of this Act: Provided
further, That any unexpended balances from amounts provided under this
heading in this Act and in prior fiscal years for the development,
installation and operation of railroad safety technology on State-
supported routes on which positive train control systems are not
required by law or regulation shall also be available for railroad
safety improvements on State-supported routes as identified on or
before the date of enactment of Public Law 117-103: Provided further,
That none of the funds provided 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 transfer of funds)
Sec. 150. None of the funds made available to the National
Railroad Passenger Corporation may be used to fund any overtime costs
in excess of $35,000 for any individual employee: Provided, That the
President of Amtrak may waive the cap set in the preceding proviso for
specific employees when the President of Amtrak determines such a cap
poses a risk to the safety and operational efficiency of the system:
Provided further, That the President of Amtrak shall report to the
House and Senate Committees on Appropriations no later than 60 days
after the date of enactment of this Act, a summary of all overtime
payments incurred by Amtrak for 2022 and the 3 prior calendar years:
Provided further, That such summary shall include the total number of
employees that received waivers and the total overtime payments Amtrak
paid to employees receiving waivers for each month for 2022 and for the
3 prior calendar years.
Sec. 151. 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. 152. The amounts made available 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, in this and prior
Acts, may be transferred to the Federal Railroad Administration's
``Financial Assistance Oversight and Technical Assistance'' account for
the 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 for 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. 153. None of the funds made available to the National
Railroad Passenger Corporation under the headings ``Northeast Corridor
Grants to the National Railroad Passenger Corporation'' and ``National
Network Grants to the National Railroad Passenger Corporation'' may be
used to reduce the total number of Amtrak Police Department uniformed
officers patrolling on board passenger trains or at stations,
facilities or rights-of-way below the staffing level on May 1, 2019.
Sec. 154. It is the sense of Congress that--
(1) long-distance passenger rail routes provide much-needed
transportation access for 4,700,000 riders in 325 communities
in 40 States and are particularly important in rural areas; and
(2) long-distance passenger rail routes and services should
be sustained to ensure connectivity throughout the National
Network (as defined in section 24102 of title 49, United States
Code).
Sec. 155. State-supported routes operated by Amtrak. Section
24712(a) of title 49, United States Code, is hereby amended by
inserting after section 24712(a)(7) the following--
``(8) Staffing.--The Committee may--
``(A) appoint, terminate, and fix the compensation
of an executive director and other Committee employees
necessary for the Committee to carry out its duties;
and
``(B) enter into contracts necessary to carry out
its duties, including providing Committee employees
with retirement and other employee benefits under the
condition that Non-Federal members or officers, the
executive director, and employees of the Committee are
not federal employees for any purpose.
``(9) Authorization of appropriations.--Amounts made
available by the Secretary of Transportation for the Committee
may be used to carry out this section.''.
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 49 U.S.C. 5305,
5307, 5310, 5311, 5312, 5314, 5318, 5329(e)(6), 5334, 5335, 5337, 5339,
and 5340, as amended by the Infrastructure Investment and Jobs Act,
section 20005(b) of Public Law 112-141, and section 3006(b) of the
Fixing America's Surface Transportation Act, $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 49 U.S.C.
5305, 5307, 5310, 5311, 5312, 5314, 5318, 5329(e)(6), 5334, 5335, 5337,
5339, and 5340, as amended by the Infrastructure Investment and Jobs
Act, section 20005(b) of Public Law 112-141, and section 3006(b) of the
Fixing America's Surface Transportation Act, 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 grants under
section 5339(b) of title 49, United States Code, low or no emission
grants under section 5339(c) of such title, ferry boats grants under
section 5307(h) of such title, bus testing facilities under section
5318 of such title, grants to areas of persistent poverty, innovative
mobility solutions grants under section 5312 of such title,
accelerating innovative mobility initiative grants under section 5312
such title, accelerating the adoption of zero emission buses under
section 5312 of such title, Community Project Funding/Congressionally
Directed Spending for projects and activities eligible under chapter 53
of such title, and ferry service for rural communities under section
71103 of division G of Public Law 117-58, $527,131,000, to remain
available until expended: Provided, That of the sums provided under
this heading in this Act--
(1) $220,000,000 shall be available for buses and bus
facilities competitive grants as authorized under section
5339(b) of such title;
(2) $135,000,000 shall be available for the low or no
emission grants as authorized under section 5339(c) of such
title: Provided, That the minimum grant award shall be not
less than $750,000;
(3) $20,000,000 shall be available for ferry boat grants as
authorized under section 5307(h) of such title: Provided, That
of the amounts provided under this paragraph, no less than
$5,000,000 shall be available for low or zero emission ferries
or ferries using electric battery or fuel cell components and
the infrastructure to support such ferries;
(4) $2,000,000 shall be available for the operation and
maintenance of the bus testing facilities selected under
section 5318 of such title;
(5) $1,000,000 shall be available for the demonstration and
deployment of innovative mobility solutions as authorized under
section 5312 of title 49, United States Code: Provided, That
such amounts shall be available for competitive grants or
cooperative agreements for the development of software to
facilitate the provision of demand-response public
transportation service that dispatches public transportation
fleet vehicles through riders mobile devices or other advanced
means: Provided further, That the Secretary shall evaluate the
potential for software developed with grants or cooperative
agreements to be shared for use by public transportation
agencies;
(6) $1,000,000 shall be for the accelerating innovative
mobility initiative as authorized under section 5312 of title
49, United States Code: Provided, That such amounts shall be
available for competitive grants to improve mobility and
enhance the rider experience with a focus on innovative service
delivery models, creative financing, novel partnerships, and
integrated payment solutions in order to help disseminate
proven innovation mobility practices throughout the public
transportation industry;
(7) $20,000,000 shall be available for competitive grants
to eligible entities to assist areas of persistent poverty as
defined under section 6702(a)(1) of title 49, United States
Code, or historically disadvantaged communities: Provided,
That grants shall be for planning, engineering, or development
of technical or financing plans for projects eligible under
chapter 53 of title 49, United States Code: Provided further,
That eligible entities are those defined as eligible recipients
or subrecipients under sections 5307, 5310 or 5311 of title 49,
United States Code, and are in areas of persistent poverty as
defined under section 6702(a)(1) of title 49, United States
Code, or historically disadvantaged communities: Provided
further, That State departments of transportation may apply on
behalf of eligible entities within their States: Provided
further, That the Federal Transit Administration should
encourage grantees to work with non-profits or other entities
of their choosing in order to develop planning, technical,
engineering, or financing plans: Provided further, That the
Federal Transit Administration shall encourage grantees to
partner with non-profits that can assist with making projects
low or no emissions: Provided further, That projects funded
under this paragraph shall be for not less than 90 percent of
the net total project cost;
(8) $10,000,000 shall be available to support technical
assistance, research, demonstration, or deployment activities
or projects to accelerate the adoption of zero emission buses
in public transit as authorized under section 5312 of title 49,
United States Code;
(9) $98,331,000 shall be available for the purposes, and in
amounts, specified for Congressionally Directed Spending in the
table entitled ``Congressionally Directed Spending'' included
in the explanatory statement accompanying this Act; and
(10) $19,800,000 shall be available for ferry service for
rural communities under section 71103 of division G of Public
Law 117-58: Provided, That for amounts made available in this
paragraph, notwithstanding section 71103(a)(2)(B) of such
division of such Act, eligible projects 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 amounts made available under this heading in
this Act shall be derived from the general fund: Provided further,
That the amounts made available under this heading in this Act shall
not be subject to any limitation on obligations for transit programs
set forth in any Act.
technical assistance and training
For necessary expenses to carry out section 5314 of title 49,
United States Code, $7,500,000, 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.
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), $2,510,931,000, to remain available until
expended: Provided, That of the sums appropriated under this heading--
(1) $1,874,890,000 shall be available for projects
authorized under section 5309(d) of title 49, United States
Code;
(2) $100,000,000 shall be available for projects authorized
under section 5309(e) of title 49, United States Code;
(3) $410,931,000 shall be available for projects authorized
under section 5309 (h) of title 49, United States Code; and
(4) $100,000,0000 shall be available for projects
authorized under section 3005(b) of the Fixing America's
Surface Transportation Act:
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: 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 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): 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), as amended
by the Infrastructure Investment and Jobs Act (Public Law 117-58),
$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
(including rescissions)
Sec. 160. The limitations on obligations for the programs of the
Federal Transit Administration shall not apply to any authority under
49 U.S.C. 5338, 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 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 grant program of greater than 40 percent of project
costs as authorized under section 5309 of title 49, United States Code.
Sec. 165. Any unexpended balances from amounts previously
appropriated for low or no emission vehicle component assessment under
49 U.S.C. 5312(h) under the headings ``Transit Formula Grants'' and
``Transit Infrastructure Grants'' in fiscal years 2021 and 2022 may be
used by the facilities selected for such vehicle component assessment
for capital projects in order to build new infrastructure and enhance
existing facilities in order to expand component testing capability, in
accordance with the industry stakeholder testing objectives and
capabilities as outlined through the work of the Federal Transit
Administration Transit Vehicle Innovation and Deployment Centers
program and included in the Center for Transportation and the
Environment report submitted to the Federal Transit Administration for
review.
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 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 any of the same purposes and under the same authorities
for which such amounts were originally provided.
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, $38,000,000, 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
$14,500,000 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
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
(including rescission of funds)
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: Provided, That of
the unobligated balances from prior year appropriations available under
this heading, $55,000,000 are hereby permanently rescinded.
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 Tanker Security Fleet payments, as authorized under section
53406 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, $244,899,000: Provided, That of the sums
appropriated under this heading--
(1) $87,848,000 shall remain available until September 30,
2024, for the operations of the United States Merchant Marine
Academy;
(2) $11,900,000 shall remain available until expended, for
facilities maintenance and repair, and equipment, at the United
States Merchant Marine Academy;
(3) $55,120,000 shall remain available until expended, for
capital improvements at the United States Merchant Marine
Academy;
(4) $10,000,000 shall remain available until September 30,
2024, for the Maritime Environmental and Technical Assistance
program authorized under section 50307 of title 46, United
States Code; and
(5) $14,819,000 shall remain available until expended, for
the America's Marine Highways 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, $120,700,000: Provided, That
of the sums appropriated under this heading--
(1) $30,500,000 shall remain available until expended, 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 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; travel costs for students, faculty and crew; and the
costs of the general agent, crew costs, fuel, insurance,
operational fees, and vessel hire costs, as determined by the
Secretary;
(2) $75,000,000 shall remain available until expended, for
the National Security Multi-Mission Vessel Program, including
funds for construction, planning, administration, and design of
school ships and, as determined by the Secretary, necessary
expenses to design, plan, construct infrastructure, and
purchase equipment necessary to berth such ships;
(3) $2,400,000 shall remain available until September 30,
2027, for the Student Incentive Program;
(4) $6,800,000 shall remain available until expended, for
training ship fuel assistance; and
(5) $6,000,000 shall remain available until September 30,
2024, for direct payments for State Maritime Academies:
Provided further, That the Administrator of the Maritime
Administration may use the funds made available under paragraph (2) and
the funds provided for shoreside infrastructure improvements in Public
Law 117-103 for the purposes described in paragraph (2): Provided
further, That such funds may be used to reimburse State Maritime
Academies for costs incurred prior to the date of enactment of this
Act: Provided further, That such funds shall be available for
reimbursement only for those costs incurred in compliance with all
applicable Federal law, including the National Environmental Policy Act
of 1969 (41 U.S.C. 4321 et seq.) and the National Historic Preservation
Act (54 U.S.C. 300101 et seq.).
assistance to small shipyards
To make grants to qualified shipyards as authorized under section
54101 of title 46, United States Code, $25,000,000, to remain available
until expended.
ship disposal
(including rescission of funds)
For necessary expenses related to the disposal of obsolete vessels
in the National Defense Reserve Fleet of the Maritime Administration,
$10,000,000, to remain available until expended: Provided, That of the
unobligated balances from prior year appropriations made available
under this heading, $12,000,000 are hereby permanently rescinded.
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, $234,310,000, 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 the requirements under section 3501(a)(12) of the
National Defense Authorization Act for Fiscal Year 2022 (Public Law
117-81) shall apply to amounts made available under this heading in
this Act: Provided further, That for grants awarded under this heading
in this Act, the minimum grant size shall be $1,000,000: Provided
further, That for amounts made available under this heading in this
Act, the requirement under section 54301(a)(6)(A)(ii) of title 46,
United States Code, shall not apply to projects located in
noncontiguous States or territories.
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, $29,936,000, 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, $70,743,000, of which $12,070,000 shall 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), $192,969,000, to remain available
until September 30, 2025, of which $27,650,000 shall be derived from
the Oil Spill Liability Trust Fund; of which $156,919,000 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 $8,000,000 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. 3), 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 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.
Sec. 192. Amounts made available by this Act or any prior Act that
the Secretary determines represent improper payments by the Department
of Transportation to a third-party contractor under a financial
assistance award, which are recovered pursuant to law, shall be
available--
(1) to reimburse the actual expenses incurred by the
Department of Transportation in recovering improper payments:
Provided, That amounts made available by this Act shall be
available until expended; and
(2) to pay contractors for services provided in recovering
improper payments or contractor support in the implementation
of the Payment Integrity Information Act of 2019 (Public Law
116-117): Provided, That amounts in excess of that required
for paragraphs (1) and (2)--
(A) shall be credited to and merged with the
appropriation from which the improper payments were
made, and shall be available for the purposes and
period for which such appropriations are available:
Provided further, That where specific project or
accounting information associated with the improper
payment or payments is not readily available, the
Secretary may credit the amounts to an appropriate
account as offsetting collections and such amounts
shall be available for the purposes and period
associated with the account so credited: Provided
further, That amounts credited to programs under this
subparagraph shall not be subject to any limitation on
obligations in this or any other Act; or
(B) if no such appropriation remains available,
shall be deposited in the Treasury as miscellaneous
receipts: Provided further, That prior to depositing
such recovery in the Treasury, the Secretary shall
notify the House and Senate Committees on
Appropriations of the amount and reasons for such
transfer: Provided further, That for purposes of this
section, the term ``improper payment'' has the same
meaning as that provided in section 3351(4) of title
31, United States Code.
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, $19,300,000, 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, $684,900,000, to remain available until September 30, 2024:
Provided, That of the sums appropriated under this heading--
(1) $87,300,000 shall be available for the Office of the
Chief Financial Officer;
(2) $126,300,000 shall be available for the Office of the
General Counsel, of which not less than $21,600,000 shall be
for the Departmental Enforcement Center;
(3) $238,700,000 shall be available for the Office of
Administration, of which not more than $5,100,000 may be for
modernization and deferred maintenance of the Weaver Building;
(4) $56,600,000 shall be available for the Office of the
Chief Human Capital Officer;
(5) $31,000,000 shall be available for the Office of the
Chief Procurement Officer;
(6) $68,100,000 shall be available for the Office of Field
Policy and Management;
(7) $5,700,000 shall be available for the Office of
Departmental Equal Employment Opportunity; and
(8) $71,200,000 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,
$1,062,500,000, to remain available until September 30, 2024:
Provided, That of the sums appropriated under this heading--
(1) $283,800,000 shall be available for the Office of
Public and Indian Housing;
(2) $162,300,000 shall be available for the Office of
Community Planning and Development;
(3) $464,000,000 shall be available for the Office of
Housing, of which not less than $13,300,000 shall be for the
Office of Recapitalization;
(4) $43,100,000 shall be available for the Office of Policy
Development and Research;
(5) $97,600,000 shall be available for the Office of Fair
Housing and Equal Opportunity; and
(6) $11,700,000 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, $26,181,550,000, 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 of the sums appropriated under this heading--
(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 none of the funds provided under this paragraph
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 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 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 $200,000,000 shall be available only:
(A) 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;
(B) 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);
(C) for adjustments for costs associated with HUD-
Veterans Affairs Supportive Housing (HUD-VASH)
vouchers;
(D) for public housing agencies that despite taking
reasonable cost savings measures, as determined by the
Secretary, would otherwise be required to terminate
rental assistance for families as a result of
insufficient funding;
(E) 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;
(F) 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
(G) 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.):
Provided further, That the Secretary shall allocate amounts
under the preceding proviso based on need, as determined by the
Secretary;
(2) $363,938,000 shall be available 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, 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 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 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 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) $2,801,612,000 shall be available for administrative
and other expenses of public housing agencies in administering
the section 8 tenant-based rental assistance program, of which
up to $30,000,000 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 $2,771,612,000 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 shall be available 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--
(A) 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
(B) 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 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 available 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) $85,000,000 shall be available 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 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: Provided further, That of
the total amount made available under this paragraph, up to
$10,000,000 may be for additional fees established by and
allocated pursuant to a method determined by the Secretary for
administrative and other expenses (including those eligible
activities defined by notice to facilitate leasing, such as
security deposit assistance and costs related to the retention
and support of participating owners) of public housing agencies
in administering HUD-VASH vouchers;
(7) $30,000,000 shall be 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 available 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 available for new
incremental voucher assistance to assist eligible youth
as defined by such section 8(x)(2)(B) of the Act:
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) $50,000,000 shall be available for new incremental
voucher assistance under section 8(o) of the Act 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)); and
(9) the Secretary shall separately track all special
purpose vouchers funded under this heading.
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)), $8,468,500,000, to remain available until September 30,
2026: Provided, That of the sums appropriated under this heading--
(1) $5,038,500,000 shall be available for the Secretary to
allocate pursuant to the Operating Fund formula at part 990 of
title 24, Code of Federal Regulations, for 2023 payments;
(2) $25,000,000 shall be available for 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) $3,225,000,000 shall be available for 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) $50,000,000 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 $20,000,000 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 available 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 Act for purposes of section 26
of the 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;
(6) $15,000,000 shall be available 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; and
(7) $50,000,000 shall be available to support ongoing
public housing financial and physical assessment activities:
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 both
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, $250,000,000, 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 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
$125,000,000 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, $200,000,000: Provided,
That of the sums appropriated under this heading--
(1) $150,000,000 shall be available 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;
(2) $35,000,000 shall be available 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.); and
(3) $15,000,000 shall be available 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, 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 that provide support to help public housing
residents obtain employment and increase earnings: 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.
native american programs
(including rescission)
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, $1,052,086,000, to remain available until September 30,
2027: Provided, That of the sums appropriated under this heading--
(1) $819,086,000 shall be available 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 available 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 additional amounts in prior
Acts may also be used for the necessary costs of administering
and overseeing such additional amount;
(3) $1,000,000 shall be available 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: Provided
further, That any remaining loan guarantee limitation
authorized for this program in fiscal year 2020 or prior fiscal
years is hereby rescinded;
(4) $75,000,000 shall be available 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 purpose, shall be available 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
(including rescission)
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 cost 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: Provided further, That any
remaining loan guarantee limitation authorized under this heading in
fiscal year 2020 or prior fiscal years is hereby rescinded: Provided
further, That any amounts determined by the Secretary to be unavailable
are hereby returned to the General Fund of the Treasury.
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.), $22,300,000, 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 in total loan principal, to remain available until
September 30, 2024: 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.), $468,000,000, 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 Secretary shall renew or replace all expiring contracts for
permanent supportive housing that initially were funded under section
854(c)(5) of such Act from funds made available under this heading in
fiscal year 2010 and prior fiscal years that meet all program
requirements before awarding funds for new contracts under such
section: Provided further, That the process for submitting amendments
and approving replacement contracts shall be established by the
Secretary in a notice: Provided further, 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, $4,817,726,000, to remain available until September 30,
2026: Provided, That of the sums appropriated under this heading--
(1) $3,525,000,000 shall be available 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,
That not to exceed 20 percent of any grant made with funds made
available under this paragraph 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 paragraph 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 paragraph 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;
(2) $200,000,000 shall be available for the Secretary to
award grants on a competitive basis to state and local
governments, metropolitan planning organizations, and
multijurisdictional entities for additional activities under
title I of the Act for the identification and removal of
barriers to affordable housing production: Provided, That
eligible uses of such grants include activities to further
develop, evaluate, and implement housing policy plans, improve
housing strategies, and facilitate affordable housing
production: Provided further, That the Secretary shall
prioritize applicants that are able to (A) demonstrate progress
and a commitment to overcoming local barriers to facilitate the
increase in affordable housing production; and (B) show rising
housing costs, or the reasonable expectation that costs will
rise, in their jurisdiction, using Census or other data:
Provided further, That funds allocated for such grants shall
not adversely affect the amount of any formula assistance
received by a jurisdiction under paragraph (1) of this heading:
Provided further, That in administering such amounts the
Secretary may waive or specify alternative requirements for any
provision of such title I except for requirements related to
fair housing, nondiscrimination, labor standards, the
environment, and requirements that activities benefit persons
of low- and moderate-income, upon a finding that any such
waivers or alternative requirements are necessary to expedite
or facilitate the use of such amount;
(3) $25,000,000 shall be available for activities
authorized under section 8071 of the SUPPORT for Patients and
Communities Act (Public Law 115-271): Provided, That the funds
allocated pursuant to this paragraph shall not adversely affect
the amount of any formula assistance received by a State under
paragraph (1) of this heading: 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 2020 based on data
from the Centers for Disease Control and Prevention; and
(4) $1,067,726,000 shall be available for grants for the
Economic Development Initiative (EDI) for the purposes, and in
amounts, specified for Congressionally Directed Spending in the
table entitled ``Congressionally Directed Spending'' included
in the explanatory statement accompanying this Act: Provided,
That not to exceed 20 percent of any grant made with funds made
available under this paragraph shall be expended for planning
and management development and administration: Provided
further, That none of the amounts made available under this
paragraph shall be used for reimbursement of expenses incurred
prior to the obligation of funds.
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.
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.), $1,725,000,000, to remain available
until September 30, 2026: Provided, That notwithstanding section
231(b) of such Act (42 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 within 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.
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, $70,000,000, to remain available until
September 30, 2025: Provided, That of the sums appropriated under this
heading--
(1) $17,000,000 shall be available for the Self-Help
Homeownership Opportunity Program as authorized under such
section 11: Provided, That the maximum average expenditure for
the combined cost of land acquisition and infrastructure
improvements shall be increased to $20,000 per unit;
(2) $43,000,000 shall be available 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;
(3) $6,000,000 shall be available 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; and
(4) $4,000,000 shall be available for a program to
rehabilitate and modify the homes of disabled or low-income
veterans, as authorized under section 1079 of the Carl Levin
and Howard P. ``Buck'' McKeon National Defense Authorization
Act for Fiscal Year 2015 (38 U.S.C. 2101 note): Provided, That
the issuance of a Notice of Funding Opportunity for the amounts
made available in this paragraph shall be completed not later
than 120 days after enactment of this Act and such amounts
shall be awarded not later than 180 days after such issuance.
homeless assistance grants
For assistance under title IV of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11360 et seq.), and for related activities
and assistance, $3,545,000,000, to remain available until September 30,
2025: Provided, That of the sums appropriated under this heading--
(1) $290,000,000 shall be available 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) $3,041,000,000 shall be available 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 the Secretary may establish by notice an
alternative maximum amount for administrative costs related to
the requirements described in sections 402(f)(1) and 402(f)(2)
of subtitle A of such title IV or 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 $52,000,000
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 paragraph and any remaining unobligated
balances under this heading in 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 available 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;
(4) $107,000,000 shall be available 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; and
(5) $100,000,000 shall be available for one-time awards
under the Continuum of Care program for new construction,
acquisition, or rehabilitation of new permanent supportive
housing, of which not more than 20 percent of such awards may
be used for other Continuum of Care eligible activities
associated with such projects and not more than 10 percent of
such awards may be used for project administration: Provided,
That these amounts shall be awarded on a competitive basis,
based on need and other factors to be determined by the
Secretary, including incentives to establish projects that
coordinate with housing providers, healthcare organizations and
social service providers: Provided further, That not less than
$30,000,000 shall be awarded to applicants for projects within
States with populations less than 2,500,000, except that if
such amount is undersubscribed any remaining amounts may be
awarded to qualified applicants for projects in any State:
Provided further, That the grants for ongoing costs associated
with such projects shall be eligible for renewal under the
Continuum of Care program subject to the same terms and
conditions as other renewal applicants:
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.) (``the Act''), not otherwise provided for,
$14,287,100,000, 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 available 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 of the total amounts
provided under this heading, not to exceed $375,000,000 shall be
available for performance-based contract administrators 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 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, 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 by this heading for uses authorized under this
heading: Provided further, That of the total amounts provided under
this heading, not to exceed $53,100,000 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
240(a) of this Act): Provided further, That up to 2 percent of the
total amount made available in the preceding proviso 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 any additional
amounts for rent adjustments or supplemental contract funding
authorized under the two preceding 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, $1,033,000,000 to remain
available until September 30, 2026: Provided, That of the amount made
available under this heading, up to $170,000,000 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 $10,000,000 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, $287,700,000, 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, $63,000,000, 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
to the extent guaranteed loan commitments exceed $200,000,000,000 on or
before April 1, 2023, an additional $1,400 for administrative contract
expenses shall be available 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 $30,000,000: 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 $42,400,000, 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, $115,000,000, 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.
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), $85,000,000, 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), and for related activities and assistance,
$390,000,000, to remain available until September 30, 2025: Provided,
That of the sums appropriated under this heading--
(1) $290,000,000 shall be available 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) $90,000,000 shall be available 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 of such amounts shall be available
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) $15,000,000 of such amounts shall be available
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 seniors to
enable them to remain in their primary residence:
Provided, That of the total amount made available under
this subparagraph no less than $5,000,000 shall be
available to meet such needs in communities with
substantial rural populations;
(3) $5,000,000 shall be available 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; and
(5) $5,000,000 shall be available 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 paragraph (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, $383,750,000, to remain available until
September 30, 2025, of which up to $32,950,000 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 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
during fiscal year 2023 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. Funds of the Department of Housing and Urban Development
subject to the Government Corporation Control Act or section 402 of the
Housing Act of 1950 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).
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. Corporations and agencies of the Department of Housing
and Urban Development which are subject to the Government Corporation
Control Act 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 104 of such Act as may be necessary in carrying out
the programs set forth in the budget for 2023 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 this
Act (unless such loans are in support of other forms of assistance
provided for in this or prior 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. 207. 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. 208. 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. 209. (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.
Sec. 210. (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. 211. 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. 212. 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. 213. 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. 214. 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. 215. 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. 216. 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 the availability of
assistance or 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. 217. 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. 218. 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. 219. (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 may--
(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 the affected
tenants. 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 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 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. 220. 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. 221. 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.
Sec. 222. 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. 223. 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. 224. 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 246 of this Act.
Sec. 225. 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. 226. 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. 227. (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. 228. 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. 229. None of the amounts made available in this Act may be
used to consider Family Self-Sufficiency performance measures or
performance scores in determining funding awards for programs receiving
Family Self-Sufficiency program coordinator funding provided in this
Act.
Sec. 230. 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. 231. 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. 232. None of the funds made available by this Act 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. 233. 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.
Sec. 234. None of the funds made available by this Act may be used
by the Department of Housing and Urban Development to direct a grantee
to undertake specific changes to existing zoning laws as part of
carrying out the final rule entitled ``Affirmatively Furthering Fair
Housing'' (80 Fed. Reg. 42272 (July 16, 2015)) or the notice entitled
``Affirmatively Furthering Fair Housing Assessment Tool'' (79 Fed. Reg.
57949 (September 26, 2014)).
Sec. 235. The language under the heading ``Rental Assistance
Demonstration'' in the Department of Housing and Urban Development
Appropriations Act, 2012 (Public Law 112-55), as most recently amended
by Public Law 117-103, is further amended--
(1) in the initial undesignated matter, by striking ``and
`Public Housing Operating Fund''' and inserting ``, `Public
Housing Operating Fund' and `Public Housing Fund''';
(2) in the second proviso, by striking ``until September
30, 2024'' and inserting ``for fiscal year 2012 and
thereafter'';
(3) by striking the fourth proviso and inserting the
following new provisos: ``Provided further, That at properties
with assistance under section 9 of the Act requesting to
partially convert such assistance, and where an event under
section 18 of the Act occurs that results in the eligibility
for tenant protection vouchers under section 8(o) of the Act,
the Secretary may convert the tenant protection voucher
assistance to assistance under a project-based subsidy contract
under section 8 of the Act, which shall be eligible for renewal
under section 524 of the Multifamily Assisted Housing Reform
and Affordability Act of 1997, or assistance under section
8(o)(13) of the Act, so long as the property meets any
additional requirements established by the Secretary to
facilitate conversion: Provided further, That to facilitate the
conversion of assistance under the previous proviso, the
Secretary may transfer an amount equal to the total amount that
would have been allocated for tenant protection voucher
assistance for properties that have requested such conversions
from amounts made available for tenant protection voucher
assistance under the heading `Tenant-Based Rental Assistance'
to the heading `Project-Based Rental Assistance': Provided
further, That at properties with assistance previously
converted hereunder to assistance under the heading `Project
Based Rental Assistance,' which are also separately assisted
under section 8(o)(13) of the Act, the Secretary may, with the
consent of the public housing agency and owner, terminate such
project-based subsidy contracts and immediately enter into one
new project-based subsidy contract under section 8 of the Act,
which shall be eligible for renewal under section 524 of the
Multifamily Assisted Housing Reform and Affordability Act of
1997, subject to the requirement that any residents assisted
under section 8(o)(13) of the Act at the time of such
termination of such project-based subsidy contract shall retain
all rights accrued under section 8(o)(13)(E) of the Act under
the new project-based subsidy contract and section
8(o)(13)(F)(iv) of the Act shall not apply: Provided further,
That to carry out the previous proviso, the Secretary may
transfer from the heading `Tenant-Based Rental Assistance' to
the heading `Project-Based Rental Assistance' an amount equal
to the amounts associated with such terminating contract under
section 8(o)(13) of the Act:'';
(4) in the thirteenth proviso, as reordered above, by--
(A) inserting ```Public Housing Fund', `Self-
Sufficiency Programs', `Family Self-Sufficiency'''
following ```Public Housing Operating Fund',''; and
(B) inserting ``or the ongoing availability of
services for residents'' after ``effective conversion
of assistance under the demonstration'';
(5) after the twenty-third proviso, as reordered above, by
inserting the following proviso: ``Provided further, That
owners of properties with a senior preservation rental
assistance contract under section 811 of the American
Homeownership and Economic Opportunity Act of 2000 (12 U.S.C.
1701q note), shall be eligible, subject to requirements
established by the Secretary as necessary to facilitate the
conversion of assistance while maintaining the affordability
period and the designation of the property as serving elderly
families, and tenant consultation procedures, for conversion of
assistance available for such assistance contracts to
assistance under a long-term project-based subsidy contract
under section 8 of the Act'';
(6) in the twenty-eighth proviso, as reordered above, by
inserting ``, section 811 of the American Homeownership and
Economic Opportunity Act of 2000,'' after ``Housing Act of
1959''; and
(7) in the thirty-third proviso, as reordered above, by
striking ``any section 202 project rental assistance contract
or section 811 project rental assistance contract conversions''
and inserting ``the conversion of assistance from section
202(c)(2) of the Housing Act of 1959, section 811 of the
American Homeownership and Economic Opportunity Act of 2000, or
section 811(d)(2) of the Cranston-Gonzalez National Affordable
Housing Act''.
Sec. 236. For fiscal year 2023, if the Secretary determines or has
determined, for any prior formula grant allocation administered by the
Secretary through the Offices of Public and Indian Housing, Community
Planning and Development, or Housing, 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:
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 the 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. 237. Section 239 of the Department of Housing and Urban
Development Appropriations Act, 2016 (Public Law 114-113; 129 Stat.
2897) is amended by striking ``7-year period'' and inserting ``8-year
period'' in the fifth sentence.
Sec. 238. The Secretary may transfer from amounts made available
for salaries and expenses under this title (excluding amounts made
available under the heading ``Office of Inspector General'') up to
$500,000 from each office to the heading ``Information Technology
Fund'' for information technology needs of such transferring office, to
remain available until September 30, 2025: Provided, That this
transfer authority shall not be used to fund information technology
projects or activities that have known out-year development,
modernization, or enhancement costs in excess of $500,000: Provided
further, That the Secretary shall provide notification to the House and
Senate Committees on Appropriations no less than three business days in
advance of any such transfer.
Sec. 239. Funds previously made available in the Consolidated
Appropriations Act, 2019 (Public Law 116-6) for ``Lead Hazard
Reduction'' that were available for obligation through fiscal year 2020
are to remain available through fiscal year 2027 for the liquidation of
valid obligations incurred in fiscal years 2019 through 2020.
Sec. 240. 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 often 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, 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
``(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.''; and
(b) in section 579, by striking ``October 1, 2022'' each place it
appears and inserting in lieu thereof ``October 1, 2027''.
Sec. 241. (a) With respect to the funds made available for the
Continuum of Care program authorized under subtitle C of title IV of
the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11381 et seq.)
under the heading ``Homeless Assistance Grants'' in the Department of
Housing and Urban Development Appropriations Act, 2021 (Public Law 116-
260), under section 231 of the Department of Housing and Urban
Development Appropriations Act, 2020 (42 U.S.C. 11364a), or in this
title, Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et
seq.) and Title VIII of the Civil Rights Act of 1968 (42 U.S.C. 3601 et
seq.) shall not apply to applications by or awards for projects to be
carried out--
(1) on or off reservation or trust lands for awards made to
Indian tribes or tribally designated housing entities; or
(2) on reservation or trust lands for awards made to
eligible entities as defined in section 401 of the McKinney-
Vento Homeless-Assistance Act (42 U.S.C. 11360).
(b) With respect to funds made available for the Continuum of Care
program authorized under subtitle C of title IV of the McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11381 et seq.) under the heading
``Homeless Assistance Grants'' in this title or under section 231 of
the Department of Housing and Urban Development Appropriations Act,
2020 (42 U.S.C. 11364a)--
(1) applications for projects to be carried out on
reservations or trust land shall contain a certification of
consistency with an approved Indian housing plan developed
under section 102 of the Native American Housing Assistance and
Self-Determination Act (NAHASDA) (25 U.S.C. 4112),
notwithstanding section 106 of the Cranston-Gonzalez National
Affordable Housing Act (42 U.S.C. 12706) and section 403 of the
McKinney-Vento Homeless Assistance Act (42 U.S.C. 11361);
(2) Indian tribes and tribally designated housing entities
that are recipients of awards for projects on reservations or
trust land shall certify that they are following an approved
housing plan developed under section 102 of NAHASDA (25 U.S.C.
4112); and
(3) a collaborative applicant for a Continuum of Care whose
geographic area includes only reservation and trust land is not
required to meet the requirement in section 402(f)(2) of the
McKinney- Vento Homeless Assistance Act (42 U.S.C.
11360a(f)(2)).
Sec. 242. (a) Section 184(a) of the Housing and Community
Development Act of 1992 (12 U.S.C. 1715z-13a(a)) is amended to read as
follows:
``(a) Authority.--To provide access to sources of private financing
to Indian families, Indian housing authorities, and Indian tribes, who
otherwise could not acquire housing financing because of the unique
legal status of Indian lands and the unique nature of tribal economies;
and to expand homeownership opportunities to Indian families, Indian
housing authorities and Indian tribes on fee simple lands, the
Secretary may guarantee not to exceed 100 percent of the unpaid
principal and interest due on any loan eligible under subsection (b)
made to an Indian family, Indian housing authority, or Indian tribe on
trust land and fee simple land.''.
(b) Section 184(b)(2) of the Housing and Community Development Act
of 1992 (12 U.S.C. 1715z-13a(b)(2)) is amended to read as follows:
``(2) Eligible housing.--The loan shall be used to
construct, acquire, refinance, or rehabilitate 1- to 4-family
dwellings that are standard housing.''.
(c) Section 184A of the Housing and Community Development Act of
1992 (12 U.S.C. 1715z-13b) is amended--
(1) in subsection (b), by inserting ``, and to expand
homeownership opportunities to Native Hawaiian families who are
eligible to receive a homestead under the Hawaiian Homes
Commission Act, 1920 (42 Stat. 108) on fee simple lands in the
State of Hawaii'' after ``markets''; and
(2) in subsection (c), by striking paragraph (2) and
inserting the following:
``(2) Eligible housing.--The loan shall be used to
construct, acquire, refinance, or rehabilitate 1- to 4-family
dwellings that are standard housing.''.
Sec. 243. (a) Section 184(b)(5)(A) of the Housing and Community
Development Act of 1992 (12 U.S.C. 1715z-13a(b)(5)(A)) is amended to
read as follows:
``(5) Terms.--The loan shall--
``(A) be made for a term not exceeding 30 years,
except as determined by the Secretary, when there is a
loan modification under subsection (h)(1)(B), the loan
shall not exceed 40 years;''.
(b) Section 184A(c)(5)(A) of the Housing and Community Development
Act of 1992 (12 U.S.C. 1715z-13b(c)(5)(A)) is amended to read as
follows:
``(5) Terms.--The loan shall--
``(A) be made for a term not exceeding 30 years;
except, as determined by the Secretary, when there is a
loan modification under subsection (i)(1)(B) the term
of the loan shall not exceed 40 years;''.
Sec. 244. Section 105 of the Housing and Community Development Act
of 1974 (42 U.S.C. 5305) is amended by adding at the end the following
new subsection:
``(j) Special Activities by Indian Tribes.--Indian tribes receiving
grants under section 5306(a)(1) of this title (section 106(a)(1) of
this Act) shall be authorized to carry out activities described in
subsection (a)(15) directly.''.
Sec. 245. 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. 246. Except as otherwise provided in this Act, none of the
funds provided in this title, provided by previous appropriations Acts
to the Department of Housing and Urban Development 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 Department of Housing and Urban Development,
shall be available for obligation or expenditure through a
reprogramming of funds that--
(1) For Program and Information Technology funds--
(A) initiates or creates a new program, project, or
activity;
(B) eliminates a program, project, or activity;
(C) increases funds for any program, project, or
activity for which funds have been denied or restricted
by the Congress;
(D) proposes to use funds directed for a specific
activity by either the House or Senate Committees on
Appropriations for a different purpose;
(E) augments existing programs, projects, or
activities in excess of $5,000,000 or 10 percent,
whichever is less; or
(F) reduces existing programs, projects, or
activities by $5,000,000 or 10 percent whichever is
less;
(2) For Salaries and Expenses funds--
(A) assigns personnel or hires to support the
creation of a new program, project, or activity not
previously included in the President's budget;
(B) increases the personnel or other resources for
any program, project, or activity for which funds have
been denied or restricted by the Congress;
(C) relocates or closes an office; or
(D) creates, reorganizes or restructures an office,
division, branch, board or administration, which shall
include the transfer of any function from one
organizational unit to another organizational unit;
unless prior written notification is provided to, and approval is
received from the House and Senate Committees on Appropriations.
Sec. 247. Not later than 60 days after the date of enactment of
this Act, the Department of Housing and Urban Development 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, That the report shall include--
(1) 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;
(2) for program and information technology funds, a
delineation in the table for each appropriation and its
respective prior year enacted level by program, project, and
activity as detailed in this Act, the explanatory statement
accompanying this Act, accompanying reports of the House and
Senate Committees on Appropriations, or the budget appendix for
the respective appropriation, whichever is more detailed, and
shall apply to all items for which a dollar amount is specified
and to all new programs for which new budget authority is
provided;
(3) for salaries and expenses funds, an organizational
chart for each office that includes detail to the branch level,
and clearly identifies those ``organizational units'' to which
paragraph (2) shall be applied; and
(4) an identification of items of special congressional
interest.
Sec. 248. The Secretary shall comply with all process
requirements, including public notice and comment, when seeking to
revise any annual contributions contract.
Sec. 249. None of the funds appropriated or otherwise made
available in this or prior Acts may be used by the Department to carry
out customer experience activities within the Office of the Assistant
Chief Financial Officer for Budget.
Sec. 250. For an additional amount for ``Long-Term Disaster
Recovery Fund'', $1,447,000,000, to remain available until expended,
for grants for the Community Development Block Grant Disaster Recovery
Program under section 123 of the Housing and Community Development Act
of 1974, as added by section 506 of title V of this Act, to respond to
current or future major disasters declared under section 401 of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5179): Provided, That such amount is designated by the Congress
as being for 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.
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), $27,720,000:
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), $166,000,000:
Provided, That an additional $4,000,000, to remain available until
September 30, 2026, shall be for the promotion and development of
shared equity housing models.
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, $41,429,000: Provided, 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 $40,179,000.
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,
$4,000,000.
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 titles I or III of this Act, provided by previous
appropriations Acts to the agencies or entities in titles I or III of
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 titles I or
III of 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 explanatory statement 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, agencies funded by title I or III of
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 explanatory statement 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 sections 246
and 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. None of the funds made available by this Act to the
Department of Transportation may be used in contravention of section
306108 of title 54, United States Code.
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.
TITLE V
REFORMING DISASTER RECOVERY ACT
short title
Sec. 501. This title may be cited as the ``Reforming Disaster
Recovery Act''.
findings
Sec. 502. Congress finds that--
(1) following a major disaster declared by the President
under section 401 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5170), the subset of
communities that are most impacted and distressed as a result
of the disaster face critical social, economic, and
environmental obstacles to recovery, including insufficient
public and private resources to address disaster-related
housing and community development needs for lower income
households and distressed communities;
(2) unmet disaster recovery needs, including housing
assistance needs, can be especially widespread among persons
with extremely low, low, and moderate incomes;
(3) economic, social, and housing hardships that affect
communities before disasters are exacerbated during crises and
can delay and complicate long-term recovery, especially after
catastrophic major disasters;
(4) States, units of local government, and Indian Tribes
within the most impacted and distressed areas resulting from
major disasters benefit from flexibility to design programs
that meet local needs, but face inadequate financial,
technical, and staffing capacity to plan and carry out
sustained recovery, restoration, and mitigation activities;
(5) the speed and effectiveness considerations of long-term
recovery from catastrophic major disasters is improved by
predictable investments that support disaster relief, long-term
recovery, restoration of housing and infrastructure, and
economic revitalization, primarily for the benefit of low- and
moderate-income persons;
(6) undertaking activities that mitigate the effects of
future natural disasters and extreme weather and increase the
stock of affordable housing, including affordable rental
housing, as part of long-term recovery can significantly reduce
future fiscal and social costs, especially within high-risk
areas, and can help to address outstanding housing and
community development needs by creating jobs and providing
other economic and social benefits within communities that
further promote recovery and resilience; and
(7) the general welfare and security of the nation and the
health and living standards of its people require targeted
resources to support State and local governments in carrying
out their responsibilities in disaster recovery and mitigation
through interim and long-term housing and community development
activities that primarily benefit persons of low and moderate
income.
definitions
Sec. 503. In this Act:
(1) Department.--The term ``Department'' means the
Department of Housing and Urban Development.
(2) Fund.--The term ``Fund'' means the Long-Term Disaster
Recovery Fund established under section 505.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Housing and Urban Development.
duties of the department of housing and urban development
Sec. 504. (a) In General.--The offices and officers of the
Department shall be responsible for--
(1) leading and coordinating the disaster-related
responsibilities of the Department under the National Response
Framework, the National Disaster Recovery Framework, and the
National Mitigation Framework;
(2) coordinating and administering programs, policies, and
activities of the Department related to disaster relief, long-
term recovery, resiliency, and mitigation, including disaster
recovery assistance under title I of the Housing and Community
Development Act of 1974 (42 U.S.C. 5301 et seq.);
(3) supporting disaster-impacted communities as those
communities specifically assess, plan for, and address the
housing stock and housing needs in the transition from
emergency shelters and interim housing to permanent housing of
those displaced, especially among vulnerable populations and
extremely low-, low-, and moderate-income households;
(4) collaborating with the Federal Emergency Management
Agency, the Small Business Administration, and across the
Department to align disaster-related regulations and policies,
including incorporation of consensus-based codes and standards
and insurance purchase requirements, and ensuring coordination
and reducing duplication among other Federal disaster recovery
programs;
(5) promoting best practices in mitigation and land use
planning, including consideration of traditional, natural, and
nature-based infrastructure alternatives;
(6) coordinating technical assistance, including
mitigation, resiliency, and recovery training and information
on all relevant legal and regulatory requirements, to entities
that receive disaster recovery assistance under title I of the
Housing and Community Development Act of 1974 (42 U.S.C. 5301
et seq.) that demonstrate capacity constraints; and
(7) supporting State, Tribal, and local governments in
developing, coordinating, and maintaining their capacity for
disaster resilience and recovery, and developing pre-disaster
recovery and hazard mitigation plans, in coordination with the
Federal Emergency Management Agency and other Federal agencies.
(b) Establishment of the Office of Disaster Management and
Resiliency.--Section 4 of the Department of Housing and Urban
Development Act (42 U.S.C. 3533) is amended by adding at the end the
following:
``(i) Office of Disaster Management and Resiliency.--
``(1) Establishment.--There is established, in the Office
of the Secretary, the Office of Disaster Management and
Resiliency.
``(2) Duties.--The Office of Disaster Management and
Resiliency shall--
``(A) be responsible for oversight and coordination
of all departmental disaster preparedness and response
responsibilities; and
``(B) coordinate with the Federal Emergency
Management Agency, the Small Business Administration,
and the Office of Community Planning and Development
and other offices of the Department in supporting
recovery and resilience activities to provide a
comprehensive approach in working with communities.''.
long-term disaster recovery fund
Sec. 505. (a) Establishment.--There is established in the Treasury
of the United States an account to be known as the Long-Term Disaster
Recovery Fund.
(b) Deposits, Transfers, and Credit.--
(1) In general.--The Fund shall consist of amounts
appropriated, transferred, and credited to the Fund.
(2) Transfers.--The following may be transferred to the
Fund:
(A) Amounts made available through section
106(c)(4) of the Housing and Community Development Act
of 1974 (42 U.S.C. 5306(c)(4)) as a result of actions
taken under section 104(e), 111, or 123(j) of such Act.
(B) Any unobligated balances available until
expended remaining or subsequently recaptured from
amounts appropriated for any disaster and related
purposes under the heading ``Community Development
Fund'' in any Act prior to the establishment of the
Fund.
(3) Use of transferred amounts.--Amounts transferred to the
Fund shall be used for the eligible uses described in
subsection (c).
(c) Eligible Uses of Fund.--
(1) In general.--Amounts in the Fund shall be available--
(A) to provide assistance in the form of grants
under section 123 of the Housing and Community
Development Act of 1974, as added by section 506; and
(B) for activities of the Department that support
the provision of such assistance, including necessary
salaries and expenses, information technology, capacity
building and technical assistance (including assistance
related to pre-disaster planning), and readiness and
other pre-disaster planning activities that are not
readily attributable to a single major disaster.
(2) Set aside.--Of each amount appropriated for or
transferred to the Fund, 2 percent shall be made available for
activities described in paragraph (1)(B), which shall be in
addition to other amounts made available for those activities.
(3) Transfer of funds.--Amounts made available for use in
accordance with paragraph (2)--
(A) may be transferred to the account under the
heading for ``Program Offices--Community Planning and
Development'', or any successor account, for the
Department to carry out activities described in
paragraph (1)(B); and
(B) may be used for the activities described in
paragraph (1)(B) and for the administrative costs of
administering any funds appropriated to the Department
under the heading ``Community Planning and
Development--Community Development Fund'' for any major
disaster declared under section 401 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5170) in any Act before the establishment of
the Fund.
(d) Interchangeability of Prior Administrative Amounts.--Any
amounts appropriated in any Act prior to the establishment of the Fund
and transferred to the account under the heading ``Program Offices
Salaries and Expenses--Community Planning and Development'', or any
predecessor account, for the Department for the costs of administering
funds appropriated to the Department under the heading ``Community
Planning and Development--Community Development Fund'' for any major
disaster declared under section 401 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5170) shall be available
for the costs of administering any such funds provided by any prior or
future Act, notwithstanding the purposes for which those amounts were
appropriated and in addition to any amount provided for the same
purposes in other appropriations Acts.
(e) Availability of Amounts.--Amounts appropriated, transferred and
credited to the Fund shall remain available until expended.
(f) Formula Allocation.--Use of amounts in the Fund for grants
shall be made by formula allocation in accordance with the requirements
of section 123(a) of the Housing and Community Development Act of 1974,
as added by section 506.
(g) Authorization of Appropriations.--There are authorized to be
appropriated to the Fund such sums as may be necessary to respond to
current or future major disasters declared under section 401 of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5179) for grants under section 123 of the Housing and Community
Development Act of 1974, as added by section 506.
establishment of cdbg disaster recovery program
Sec. 506. Title I of the Housing and Community Development Act of
1974 (42 U.S.C. 5301 et seq.) is amended--
(1) in section 102(a) (42 U.S.C. 5302(a))--
(A) in paragraph (20)--
(i) by redesignating subparagraph (B) as
subparagraph (C);
(ii) in subparagraph (C), as so
redesignated, by inserting ``or (B)'' after
``subparagraph (A)''; and
(iii) by inserting after subparagraph (A)
the following:
``(B) The term `persons of extremely low income'
means families and individuals whose income levels do
not exceed household income levels determined by the
Secretary under section 3(b)(2) of the United States
Housing Act of 1937 (42 U.S.C. 1437a(b)(2)(C)), except
that the Secretary may provide alternative definitions
for the Commonwealth of Puerto Rico, Guam, the
Commonwealth of the Northern Mariana Islands, the
United States Virgin Islands, and American Samoa.'';
and
(B) by adding at the end the following:
``(25) The term `major disaster' has the meaning given the
term in section 102 of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5122).'';
(2) in section 106(c)(4) (42 U.S.C. 5306(c)(4))--
(A) in subparagraph (A)--
(i) by striking ``declared by the President
under the Robert T. Stafford Disaster Relief
and Emergency Assistance Act'';
(ii) inserting ``States for use in
nonentitlement areas and to'' before
``metropolitan cities''; and
(iii) inserting ``major'' after ``affected
by the'';
(B) in subparagraph (C)--
(i) by striking ``metropolitan city or''
and inserting ``State, metropolitan city, or'';
(ii) by striking ``city or county'' and
inserting ``State, city, or county''; and
(iii) by inserting ``major'' before
``disaster'';
(C) in subparagraph (D), by striking ``metropolitan
cities and'' and inserting ``States, metropolitan
cities, and'';
(D) in subparagraph (F)--
(i) by striking ``metropolitan city or''
and inserting ``State, metropolitan city, or'';
and
(ii) by inserting ``major'' before
``disaster''; and
(E) in subparagraph (G), by striking ``metropolitan
city or'' and inserting ``State, metropolitan city,
or''; and
(3) in section 122 (42 U.S.C. 5321), by striking ``disaster
under title IV of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act'' and inserting ``major disaster'';
and
(4) by adding at the end the following:
``SEC. 123. COMMUNITY DEVELOPMENT BLOCK GRANT DISASTER RECOVERY
PROGRAM.
``(a) Authorization, Formula, and Allocation.--
``(1) Authorization.--The Secretary is authorized to make
community development block grant disaster recovery grants from
the Long-Term Disaster Recovery Fund established under section
505 of the Reforming Disaster Recovery Act (hereinafter
referred to as the `Fund') for necessary expenses for
activities authorized under subsection (f)(1) related to
disaster relief, long-term recovery, restoration of housing and
infrastructure, economic revitalization, and mitigation in the
most impacted and distressed areas resulting from a
catastrophic major disaster.
``(2) Grant awards.--Grants shall be awarded under this
section to States, units of general local government, and
Indian tribes based on capacity and the concentration of
damage, as determined by the Secretary, to support the
efficient and effective administration of funds.
``(3) Section 106 allocations.--Grants under this section
shall not be considered relevant to the formula allocations
made pursuant to section 106.
``(4) Federal register notice.--
``(A) In general.--Not later than 30 days after the
date of enactment of this section, the Secretary shall
issue a notice in the Federal Register containing the
latest formula allocation methodologies used to
determine the total estimate of unmet needs related to
housing, economic revitalization, and infrastructure in
the most impacted and distressed areas resulting from a
catastrophic major disaster.
``(B) Public comment.--In the notice issued under
subparagraph (A), the Secretary shall solicit public
comments on--
``(i) the methodologies described in
subparagraph (A) and seek alternative methods
for formula allocation within a similar total
amount of funding;
``(ii) the impact of formula methodologies
on rural areas and Tribal areas;
``(iii) adjustments to improve targeting to
the most serious needs;
``(iv) objective criteria for grantee
capacity and concentration of damage to inform
grantee determinations and minimum allocation
thresholds; and
``(v) research and data to inform an
additional amount to be provided for mitigation
depending on type of disaster, which shall be
no more than 30 percent of the total estimate
of unmet needs.
``(5) Regulations.--
``(A) In general.--The Secretary shall, by
regulation, establish a formula to allocate assistance
from the Fund to the most impacted and distressed areas
resulting from a catastrophic major disaster.
``(B) Formula requirements.--The formula
established under subparagraph (A) shall--
``(i) set forth criteria to determine that
a major disaster is catastrophic, which
criteria shall consider the presence of a high
concentration of damaged housing or businesses
that individual, State, Tribal, and local
resources could not reasonably be expected to
address without additional Federal assistance,
or other nationally encompassing data that the
Secretary determines are adequate to assess
relative impact and distress across geographic
areas.
``(ii) include a methodology for
identifying most impacted and distressed areas,
which shall consider unmet serious needs
related to housing, economic revitalization,
and infrastructure;
``(iii) include an allocation calculation
that considers the unmet serious needs
resulting from the catastrophic major disaster
and an additional amount up to 30 percent for
activities to reduce risks of loss resulting
from other natural disasters in the most
impacted and distressed area, primarily for the
benefit of low- and moderate-income persons,
with particular focus on activities that reduce
repetitive loss of property and critical
infrastructure; and
``(iv) establish objective criteria for
periodic review and updates to the formula to
reflect changes in available science and data.
``(C) Minimum allocation threshold.--The Secretary
shall, by regulation, establish a minimum allocation
threshold.
``(D) Interim allocation.--Until such time that the
Secretary issues final regulations under this
paragraph, the Secretary shall--
``(i) allocate assistance from the Fund
using the formula allocation methodology
published in accordance with paragraph (4); and
``(ii) include an additional amount for
mitigation equal to 15 percent of the total
estimate of unmet need.
``(6) Allocation of funds.--
``(A) In general.--The Secretary shall--
``(i) except as provided in clause (ii),
not later than 90 days after the President
declares a major disaster, use best available
data to determine whether the major disaster is
catastrophic and qualifies for assistance under
the formula in paragraph (4) or (5), unless
data is insufficient to make this
determination; and
``(ii) if the best available data is
insufficient to make the determination required
under clause (i) within the 90-day period
described in that clause, the Secretary shall
determine whether the major disaster qualifies
when sufficient data becomes available, but in
no case shall the Secretary make the
determination later than 120 days after the
declaration of the major disaster.
``(B) Announcement of allocation.--If amounts are
available in the Fund at the time the Secretary
determines that the major disaster is catastrophic and
qualifies for assistance under the formula in paragraph
(4) or (5), the Secretary shall immediately announce an
allocation for a grant under this section.
``(C) Additional amounts.--If additional amounts
are appropriated to the Fund after amounts are
allocated under subparagraph (B), the Secretary shall
announce an allocation or additional allocation (if a
prior allocation under subparagraph (B) was less than
the formula calculation) within 15 days of any such
appropriation.
``(7) Preliminary funding.--
``(A) In general.--To speed recovery, the Secretary
is authorized to allocate and award preliminary grants
from the Fund before making a determination under
paragraph (6) if the Secretary projects, based on a
preliminary assessment of impact and distress, that a
major disaster is catastrophic and would likely qualify
for funding under the formula in paragraph (4) or (5).
``(B) Amount.--
``(i) Maximum.--The Secretary may award
preliminary funding under subparagraph (A) in
an amount that is not more than $5,000,000.
``(ii) Sliding scale.--The Secretary shall,
by regulation, establish a sliding scale for
preliminary funding awarded under subparagraph
(A) based on the size of the preliminary
assessment of impact and distress.
``(C) Use of funds.--The uses of preliminary
funding awarded under subparagraph (A) shall be limited
to eligible activities that--
``(i) in the determination of the
Secretary, will support faster recovery,
improve the ability of the grantee to assess
unmet recovery needs, plan for the prevention
of improper payments, and reduce fraud, waste,
and abuse; and
``(ii) may include evaluating the interim
housing, permanent housing, and supportive
service needs of the disaster impacted
community, with special attention to vulnerable
populations, such as homeless and low- to
moderate-income households, to inform the
grantee action plan required under subsection
(c).
``(D) Consideration of funding.--Preliminary
funding awarded under subparagraph (A)--
``(i) is not subject to the certification
requirements of paragraph (h)(1); and
``(ii) shall not be considered when
calculating the amount of the grant used for
administrative costs, technical assistance, and
planning activities that are subject to the
requirements under subsection (f)(2).
``(E) Waiver.--To expedite the use of preliminary
funding for activities described in this paragraph, the
Secretary may waive requirements of this section in
accordance with subsection (i).
``(F) Amended award.--
``(i) In general.--An award for preliminary
funding under subparagraph (A) may be amended
to add any subsequent amount awarded because of
a determination by the Secretary that a major
disaster is catastrophic and qualifies for
assistance under the formula.
``(ii) Applicability.--Notwithstanding
subparagraph (D), amounts provided by an
amendment under clause (i) are subject to the
requirements under subsections (h)(1) and
(f)(1) and other requirements on grant funds
under this section.
``(G) Technical assistance.--Concurrent with the
allocation of any preliminary funding awarded under
this paragraph, the Secretary shall assign or provide
technical assistance to the recipient of the grant.
``(b) Interchangeability.--The Secretary--
``(1) is authorized to approve the use of grants under this
section to be used interchangeably and without limitation for
the same activities in the most impacted and distressed areas
resulting from a declaration of another catastrophic major
disaster that qualifies for assistance under the formula
established under paragraph (4) or (5) of subsection (a); and
``(2) shall establish requirements to expedite the use of
grants under this section for the purpose described in
paragraph (1).
``(c) Grantee Plans.--
``(1) Requirement.--Not later than 90 days after the date
on which the Secretary announces a grant allocation under this
section, unless an extension is granted by the Secretary, the
grantee shall submit to the Secretary a plan for approval
describing--
``(A) the activities the grantee will carry out
with the grant under this section;
``(B) the criteria of the grantee for awarding
assistance and selecting activities;
``(C) how the use of the grant under this section
will address disaster relief, long-term recovery,
restoration of housing and infrastructure, economic
revitalization, and mitigation in the most impacted and
distressed areas
``(D) how the use of the grant funds for mitigation
is consistent with hazard mitigation plans submitted to
the Federal Emergency Management Agency under section
322 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5165);
``(E) the estimated amount proposed to be used for
activities that will benefit persons of low- and
moderate-income;
``(F) how the use of grant funds will repair and
replace existing housing stock for vulnerable
populations, including low- to moderate-income
households;
``(G) how the grantee will address the priorities
described in paragraph (5);
``(H) how uses of funds are proportional to unmet
needs, as required under paragraph (5);
``(I) for State grantees that plan to distribute
grant amounts to units of general local government, a
description of the method of distribution; and
``(J) such other information as may be determined
by the Secretary in regulation.
``(2) Public consultation.--To permit public examination
and appraisal of the plan described in paragraph (1), to
enhance the public accountability of grantees, and to
facilitate coordination of activities with different levels of
government, when developing the plan or substantial amendments
proposed to the plan required under paragraph (1), a grantee
shall--
``(A) publish the plan before adoption;
``(B) provide citizens, affected units of general
local government, and other interested parties with
reasonable notice of, and opportunity to comment on,
the plan, with a public comment period of not less than
14 days;
``(C) consider comments received before submission
to the Secretary;
``(D) follow a citizen participation plan for
disaster assistance adopted by the grantee that, at a
minimum, provides for participation of residents of the
most impacted and distressed area affected by the major
disaster that resulted in the grant under this section
and other considerations established by the Secretary;
and
``(E) undertake any consultation with interested
parties as may be determined by the Secretary in
regulation.
``(3) Approval.--The Secretary shall--
``(A) by regulation, specify criteria for the
approval, partial approval, or disapproval of a plan
submitted under paragraph (1), including approval of
substantial amendments to the plan;
``(B) review a plan submitted under paragraph (1)
upon receipt of the plan;
``(C) allow a grantee to revise and resubmit a plan
or substantial amendment to a plan under paragraph (1)
that the Secretary disapproves;
``(D) by regulation, specify criteria for when the
grantee shall be required to provide the required
revisions to a disapproved plan or substantial
amendment under paragraph (1) for public comment prior
to resubmission of the plan or substantial amendment to
the Secretary; and
``(E) approve, partially approve, or disapprove a
plan or substantial amendment under paragraph (1) not
later than 60 days after the date on which the plan or
substantial amendment is received by the Secretary.
``(4) Low- and moderate-income overall benefit.--
``(A) Use of funds.--Not less than 70 percent of a
grant made under this section shall be used for
activities that benefit persons of low and moderate
income unless the Secretary--
``(i) specifically finds that--
``(I) there is compelling need to
reduce the percentage for the grant;
and
``(II) the housing needs of low-
and moderate-income residents have been
addressed; and
``(ii) issues a waiver and alternative
requirements pursuant to subsection (i) to
lower the percentage.
``(B) Regulations.--The Secretary shall, by
regulation, establish protocols consistent with the
findings of section 502 of the Reforming Disaster
Recovery Act to prioritize the use of funds by a
grantee under this section to meet the needs of low-
and moderate-income persons and businesses serving
primarily persons of low and moderate income.
``(5) Prioritization.--The grantee shall prioritize
activities that--
``(A) assist persons with extremely low, low, and
moderate incomes and other vulnerable populations to
better recover from and withstand future disasters,
emphasizing those with the most severe needs;
``(B) address affordable housing, including
affordable rental housing, needs arising from a
disaster or those needs present prior to a disaster;
``(C) prolong the life of housing and
infrastructure;
``(D) use cost-effective means of preventing harm
to people and property and incorporate protective
features, redundancies, energy savings; and
``(E) other measures that will assure the
continuation of critical services during future
disasters.
``(6) Proportional allocation.--
``(A) In general.--A grantee under this section
shall allocate grant funds proportional to unmet needs
between housing activities, economic revitalization,
and infrastructure, unless the Secretary--
``(i) specifically finds that--
``(I) there is a compelling need
for a disproportional allocation among
those unmet needs; and
``(II) the disproportional
allocation described in subclause (I)
is not inconsistent with the
requirements under paragraph (4); and
``(ii) issues a waiver and alternative
requirement pursuant to subsection (i) to allow
for the disproportional allocation described in
clause (i)(I).
``(B) Housing activities.--With respect to housing
activities described in subparagraph (A)(i), grantees
should address proportional needs between homeowners
and renters, including low-income households in public
housing and federally subsidized housing.
``(7) Disaster risk mitigation.--
``(A) Definition.--In this paragraph, the term
`hazard-prone areas'--
``(i) means areas identified by the
Secretary, in consultation with the
Administrator of the Federal Emergency
Management Agency, at risk from natural hazards
that threaten property damage or health,
safety, and welfare, such as floods, wildfires
(including Wildland-Urban Interface areas),
earthquakes, lava inundation, tornados, and
high winds; and
``(ii) includes areas having special flood
hazards as identified under the Flood Disaster
Protection Act of 1973 (42 U.S.C. 4002 et seq.)
or the National Flood Insurance Act of 1968 (42
U.S.C. 4001 et seq.).
``(B) Hazard-prone areas.--The Secretary, in
consultation with the Administrator of the Federal
Emergency Management Agency, shall establish minimum
construction standards, insurance purchase
requirements, and other requirements for the use of
grant funds in hazard-prone areas.
``(C) Special flood hazards.--For the areas
described in subparagraph (A)(ii), the insurance
purchase requirements established under subparagraph
(B) shall meet or exceed the requirements under section
102(a) of the Flood Disaster Protection Act of 1973 (42
U.S.C. 4012a(a)).
``(D) Consideration of future risks.--The Secretary
may consider future risks to protecting property and
health, safety, and general welfare, and the likelihood
of those risks, when making the determination of or
modification to hazard-prone areas under this
paragraph.
``(8) Relocation.--
``(A) In general.--The Uniform Relocation
Assistance and Real Property Acquisition Policies Act
of 1970 (42 U.S.C. 4601 et seq.) shall apply to
activities assisted under this section to the extent
determined by the Secretary in regulation, or as
provided in waivers and alternative requirements
authorized in accordance with subsection (i).
``(B) Policy.--Each grantee under this section
shall establish a relocation assistance policy that--
``(i) minimizes displacement and describes
the benefits available to persons displaced as
a direct result of acquisition, rehabilitation,
or demolition in connection with an activity
that is assisted by a grant under this section;
and
``(ii) includes any appeal rights or other
requirements that the Secretary establishes by
regulation.
``(d) Certifications.--Any grant under this section shall be made
only if the grantee certifies to the satisfaction of the Secretary
that--
``(1) the grantee is in full compliance with the
requirements under subsection (c)(2);
``(2) for grants other than grants to Indian tribes, the
grant will be conducted and administered in conformity with the
Civil Rights Act of 1964 (42 U.S.C. 2000a et seq.) and the Fair
Housing Act (42 U.S.C. 3601 et seq.);
``(3) the projected use of funds has been developed so as
to give maximum feasible priority to activities that will
benefit extremely low-, low-, and moderate-income families and
activities described in subsection (c)(5), and may also include
activities that are designed to aid in the prevention or
elimination of slum and blight to support disaster recovery,
meet other community development needs having a particular
urgency because existing conditions pose a serious and
immediate threat to the health or welfare of the community
where other financial resources are not available to meet such
needs, and alleviate future threats to human populations,
critical natural resources, and property that an analysis of
hazards shows are likely to result from natural disasters in
the future;
``(4) the grant funds shall principally benefit persons of
low and moderate income as described in subsection (c)(4);
``(5) for grants other than grants to Indian tribes, within
24 months of receiving a grant or at the time of its 3 or 5-
year update, whichever is sooner, the grantee will review and
make modifications to its non-disaster housing and community
development plans and strategies required by subsections (c)
and (m) of section 104 to reflect the disaster recovery needs
identified by the grantee and consistency with the plan under
subsection (c)(1);
``(6) the grantee will not attempt to recover any capital
costs of public improvements assisted in whole or part under
this section by assessing any amount against properties owned
and occupied by persons of low and moderate income, including
any fee charged or assessment made as a condition of obtaining
access to such public improvements, unless--
``(A) funds received under this section are used to
pay the proportion of such fee or assessment that
relates to the capital costs of such public
improvements that are financed from revenue sources
other than under this chapter; or
``(B) for purposes of assessing any amount against
properties owned and occupied by persons of moderate
income, the grantee certifies to the Secretary that the
grantee lacks sufficient funds received under this
section to comply with the requirements of subparagraph
(A);
``(7) the grantee will comply with the other provisions of
this title that apply to assistance under this section and with
other applicable laws;
``(8) the grantee will follow a relocation assistance
policy that includes any minimum requirements identified by the
Secretary; and
``(9) the grantee will adhere to construction standards,
insurance purchase requirements, and other requirements for
development in hazard-prone areas described in subsection
(c)(7).
``(e) Performance Reviews and Reporting.--
``(1) In general.--The Secretary shall, on not less
frequently than an annual basis, make such reviews and audits
as may be necessary or appropriate to determine whether a
grantee under this section has--
``(A) carried out activities using grant funds in a
timely manner;
``(B) met the performance targets established by
paragraph (2);
``(C) carried out activities using grant funds in
accordance with the requirements of this section, the
other provisions of this title that apply to assistance
under this section, and other applicable laws; and
``(D) a continuing capacity to carry out activities
in a timely manner.
``(2) Performance targets.--The Secretary shall develop and
make publicly available critical performance targets for
review, which shall include spending thresholds for each year
from the date on which funds are obligated by the Secretary to
the grantee until such time all funds have been expended.
``(3) Failure to meet targets.--
``(A) Suspension.--If a grantee under this section
fails to meet 1 or more critical performance targets
under paragraph (2), the Secretary may temporarily
suspend the grant.
``(B) Performance improvement plan.--If the
Secretary suspends a grant under subparagraph (A), the
Secretary shall provide to the grantee a performance
improvement plan with the specific requirements needed
to lift the suspension within a defined time period.
``(C) Report.--If a grantee fails to meet the
spending thresholds established under paragraph (2),
the grantee shall submit to the Secretary, the
appropriate committees of Congress, and each member of
Congress who represents a district or State of the
grantee a written report identifying technical
capacity, funding, or other Federal or State
impediments affecting the ability of the grantee to
meet the spending thresholds.
``(4) Collection of information and reporting.--
``(A) Requirement to report.--A grantee under this
section shall provide to the Secretary such information
as the Secretary may determine necessary for adequate
oversight of the grant program under this section.
``(B) Public availability.--Subject to subparagraph
(D), the Secretary shall make information submitted
under subparagraph (A) available to the public and to
the Inspector General for the Department of Housing and
Urban Development, disaggregated by income, geography,
and all classes of individuals protected under section
109.
``(C) Summary status reports.--To increase
transparency and accountability of the grant program
under this section the Secretary shall, on not less
frequently than an annual basis, post on a public
facing dashboard summary status reports for all active
grants under this section that includes--
``(i) the status of funds by activity;
``(ii) the percentages of funds allocated
and expended to benefit low- and moderate-
income communities;
``(iii) performance targets, spending
thresholds, and accomplishments; and
``(iv) other information the Secretary
determines to be relevant for transparency.
``(D) Considerations.--In carrying out this
paragraph, the Secretary--
``(i) shall take such actions as may be
necessary to ensure that personally
identifiable information regarding applicants
for assistance provided from funds made
available under this section is not made
publicly available; and
``(ii) may make full and unredacted
information available to academic institutions
for the purpose of researching into the
equitable distribution of recovery funds and
adherence to civil rights protections.
``(f) Eligible Activities.--
``(1) In general.--Activities assisted under this section--
``(A) may include activities permitted under
section 105 or other activities permitted by the
Secretary by waiver or alternative requirement pursuant
to subsection (i); and
``(B) shall be related to disaster relief, long-
term recovery, restoration of housing and
infrastructure, economic revitalization, and mitigation
in the most impacted and distressed areas resulting
from the major disaster for which the grant was
awarded.
``(2) Prohibition.--Grant funds under this section may not
be used for costs reimbursable by, or for which funds have been
made available by, the Federal Emergency Management Agency or
the United States Army Corps of Engineers.
``(3) Administrative costs, technical assistance and
planning.--
``(A) In general.--The Secretary shall establish in
regulation the maximum grant amounts a grantee may use
for administrative costs, technical assistance and
planning activities, taking into consideration size of
grant, complexity of recovery, and other factors as
determined by the Secretary, but not to exceed 10
percent for administration and 20 percent in total.
``(B) Availability.--Amounts available for
administrative costs for a grant under this section
shall be available for eligible administrative costs of
the grantee for any grant made under this section,
without regard to a particular disaster.
``(4) Program income.--Notwithstanding any other provision
of law, any grantee under this section may retain program
income that is realized from grants made by the Secretary under
this section if the grantee agrees that the grantee will
utilize the program income in accordance with the requirements
for grants under this section, except that the Secretary may--
``(A) by regulation, exclude from consideration as
program income any amounts determined to be so small
that compliance with this paragraph creates an
unreasonable administrative burden on the grantee; or
``(B) permit the grantee to transfer remaining
program income to the other grants of the grantee under
this title upon closeout of the grant.
``(5) Prohibition on use of assistance for employment
relocation activities.--
``(A) In general.--Grants under this section may
not be used to assist directly in the relocation of any
industrial or commercial plant, facility, or operation,
from one area to another area, if the relocation is
likely to result in a significant loss of employment in
the labor market area from which the relocation occurs.
``(B) Applicability.--The prohibition under
subparagraph (A) shall not apply to a business that was
operating in the disaster-declared labor market area
before the incident date of the applicable disaster and
has since moved, in whole or in part, from the affected
area to another State or to a labor market area within
the same State to continue business.
``(6) Requirements.--Grants under this section are subject
to the requirements of this section, the other provisions of
this title that apply to assistance under this section, and
other applicable laws, unless modified by waivers and
alternative requirements in accordance with subsection (i).
``(g) Environmental Review.--
``(1) Adoption.--A recipient of funds provided under this
section that uses the funds to supplement Federal assistance
provided under section 402, 403, 404, 406, 407, 408(c)(4), 428,
or 502 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170a, 5170b, 5170c, 5172, 5173,
5174(c)(4), 5189f, 5192) may adopt, without review or public
comment, any environmental review, approval, or permit
performed by a Federal agency, and that adoption shall satisfy
the responsibilities of the recipient with respect to the
environmental review, approval, or permit under section
104(g)(1).
``(2) Approval of release of funds.--Notwithstanding
section 104(g)(2), the Secretary or a State may, upon receipt
of a request for release of funds and certification,
immediately approve the release of funds for an activity or
project to be assisted under this section if the recipient has
adopted an environmental review, approval, or permit under
paragraph (1) or the activity or project is categorically
excluded from review under the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.).
``(3) Units of general local government.--The provisions of
section 104(g)(4) shall apply to assistance under this section
that a State distributes to a unit of general local government.
``(h) Financial Controls and Procedures.--
``(1) In general.--The Secretary shall develop requirements
and procedures to demonstrate that a grantee under this
section--
``(A) has adequate financial controls and
procurement processes;
``(B) has adequate procedures to detect and prevent
fraud, waste, abuse and duplication of benefit; and
``(C) maintains a comprehensive and publicly
accessible website.
``(2) Certification.--Before making a grant under this
section, the Secretary shall certify that the grantee has in
place proficient processes and procedures to comply with the
requirements developed under paragraph (1), as determined by
the Secretary.
``(3) Compliance before allocation.--The Secretary may
permit a State, unit of general local government, or Indian
tribe to demonstrate compliance with the requirements for
adequate financial controls developed under paragraph (1)
before a disaster occurs and before receiving an allocation for
a grant under this section.
``(4) Duplication of benefits.--
``(A) In general.--Funds made available under this
subsection shall be used in accordance with section 312
of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5155), as amended by section
1210 of the Disaster Recovery Reform Act of 2018
(division D of Public Law 115-254), and such rules as
may be prescribed under such section 312.
``(B) Penalties.--In any case in which the use of
grant funds under this section results in a prohibited
duplication of benefits, the grantee shall--
``(i) apply an amount equal to the
identified duplication to any allowable costs
of the award consistent with actual, immediate
cash requirement;
``(ii) remit any excess amounts to the
Secretary to be credited to the obligated,
undisbursed balance of the grant consistent
with requirements on Federal payments
applicable to such grantee; and
``(iii) if excess amounts under clause (ii)
are identified after the period of performance
or after the closeout of the award, remit such
amounts to the Secretary to be credited to the
Fund.
``(C) Failure to comply.--Any grantee provided
funds under this subsection or from prior
Appropriations Acts under the heading `Community
Development Fund' for purposes related to major
disasters that fails to comply with section 312 of the
Robert T. Stafford Disaster Relief and Emergency
Assistance Act shall be subject to remedies for
noncompliance under section 111, unless the Secretary
publishes a determination in the Federal Register that
it is not in the best interest of the Federal
Government to pursue remedial actions.
``(i) Waivers.--
``(1) In general.--In administering grants under this
section, the Secretary may waive, or specify alternative
requirements for, any provision of any statute or regulation
that the Secretary administers in connection with the
obligation by the Secretary or the use by the grantee of those
funds (except for requirements related to fair housing,
nondiscrimination, labor standards, the environment, and the
requirements of this section that do not expressly authorize
modifications by waiver or alternative requirement), if the
Secretary makes a public finding that good cause exists for the
waiver or alternative requirement and the waiver or alternative
requirement would not be inconsistent with the findings in
section 502 of the Reforming Disaster Recovery Act.
``(2) Effective date.--A waiver or alternative requirement
described in paragraph (1) shall not take effect before the
date that is 5 days after the date of publication of the waiver
or alternative requirement on the website of the Department of
Housing and Urban Development or the effective date for any
regulation published in the Federal Register.
``(3) Public notification.--The Secretary shall notify the
public of all waivers described in paragraph (1) in accordance
with the requirements of section 7(q)(3) of the Department of
Housing and Urban Development Act (42 U.S.C. 3535(q)(3)).
``(j) Unused Amounts.--
``(1) Deadline to use amounts.--A grantee under this
section shall use an amount equal to the grant within 6 years
beginning on the date on which the Secretary obligates the
amounts to the grantee, as such period may be extended under
paragraph (4).
``(2) Recapture.--The Secretary shall recapture and credit
to the Fund any amount that is unused by a grantee under this
section upon the earlier of--
``(A) the date on which the grantee notifies the
Secretary that the grantee has completed all activities
identified in the disaster grantee's plan under
subsection (c); or
``(B) the expiration of the 6-year period described
in paragraph (1), as such period may be extended under
paragraph (4).
``(3) Retention of funds.--Notwithstanding paragraph (1),
the Secretary may allow a grantee under this section to
retain--
``(A) amounts needed to close out grants; and
``(B) up to 10 percent of the remaining funds to
support maintenance of the minimal capacity to launch a
new program in the event of a future disaster and to
support pre-disaster long-term recovery and mitigation
planning.
``(4) Extension of period for use of funds.--The Secretary
may extend the 6-year period described in paragraph (1) by not
more than 4 years, or not more than 6 years for mitigation
activities, if--
``(A) the grantee submits to the Secretary--
``(i) written documentation of the exigent
circumstances impacting the ability of the
grantee to expend funds that could not be
anticipated; or
``(ii) a justification that such request is
necessary due to the nature and complexity of
the program and projects; and
``(B) the Secretary submits a written justification
for the extension to the Committees on Appropriations
of Senate and the House of Representatives that
specifies the period of that extension.''.
regulations
Sec. 507. (a) Proposed Rules.--Following consultation with the
Federal Emergency Management Agency, the Small Business Administration,
and other Federal agencies, not later than 6 months after the date of
enactment of this Act, the Secretary shall issue proposed rules to
carry out this Act and the amendments made by this Act and shall
provide a 90-day period for submission of public comments on those
proposed rules.
(b) Final Rules.--Not later than 1 year after the date of enactment
of this Act, the Secretary shall issue final regulations to carry out
section 123 of the Housing and Community Development Act of 1974, as
added by section 506.
coordination of disaster recovery assistance, benefits, and data with
other federal agencies
Sec. 508. (a) Coordination of Disaster Recovery Assistance.--In
order to ensure a comprehensive approach to Federal disaster relief,
long-term recovery, restoration of housing and infrastructure, economic
revitalization, and mitigation in the most impacted and distressed
areas resulting from a catastrophic major disaster, the Secretary shall
coordinate with the Federal Emergency Management Agency, to the
greatest extent practicable, in the implementation of assistance
authorized under section 123 of the Housing and Community Development
Act of 1974, as added by section 506.
(b) Data Sharing Agreements.--To support the coordination of data
to prevent duplication of benefits with other Federal disaster recovery
programs while also expediting recovery and reducing burden on disaster
survivors, the Department shall establish data sharing agreements that
safeguard privacy with relevant Federal agencies to ensure disaster
benefits effectively and efficiently reach intended beneficiaries,
while using effective means of preventing harm to people and property.
(c) Data Transfer From FEMA and SBA to HUD.--As permitted and
deemed necessary for efficient program execution, and consistent with a
computer matching agreement entered into under subsection (f)(1), the
Administrator of the Federal Emergency Management Agency and the
Administrator of the Small Business Administration shall provide data
on disaster applicants to the Department, including, when necessary,
personally identifiable information, disaster recovery needs, and
resources determined eligible for, and amounts expended, to the
Secretary for all major disasters declared by the President pursuant to
section 401 of Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170) for the purpose of providing additional
assistance to disaster survivors and prevent duplication of benefits.
(d) Data Transfers From HUD to HUD Grantees.--The Secretary is
authorized to provide to grantees under section 123 of the Housing and
Community Development Act of 1974, as added by section 506, offices of
the Department, technical assistance providers, and lenders information
that in the determination of the Secretary is reasonably available and
appropriate to inform the provision of assistance after a major
disaster, including information provided to the Secretary by the
Administrator of the Federal Emergency Management Agency, the
Administrator of the Small Business Administration, or other Federal
agencies.
(e) Data Transfers From HUD Grantees to HUD, FEMA, and SBA.--
(1) Reporting.--Grantees under section 123 of the Housing
and Community Development Act of 1974, as added by section 506,
shall report information requested by the Secretary on
households, businesses, and other entities assisted and the
type of assistance provided.
(2) Sharing Information.--The Secretary shall share
information collected under paragraph (1) with the Federal
Emergency Management Agency, the Small Business Administration,
and other Federal agencies to support the planning and delivery
of disaster recovery and mitigation assistance.
(f) Privacy Protection.--The Secretary may make and receive data
transfers authorized under this section, including the use and
retention of that data for computer matching programs, to inform the
provision of assistance, assess disaster recovery needs, and prevent
the duplication of benefits and other waste, fraud, and abuse, provided
that--
(1) the Secretary enters a computer matching agreement with
the Administrator of the Federal Emergency Management Agency,
the Administrator of the Small Business Administration, or
other Federal agencies covering the transfer of data;
(2) the Secretary publishes intent to disclose data in the
Federal Register;
(3) notwithstanding paragraphs (1) and (2), section 552a of
title 5, United States Code (commonly known as the ``Privacy
Act of 1974''), or any other law, the Secretary is authorized
to share data with an entity identified in subsection (d), and
the entity is authorized to use the data as described in this
section, if the Secretary enters a data sharing agreement with
the entity before sharing or receiving any information under
transfers authorized by this section, which data sharing
agreement shall--
(A) in the determination of the Secretary, include
measures adequate to safeguard the privacy and
personally identifiable information of individuals; and
(B) include provisions that describe how the
personally identifiable information of an individual
will be adequately safeguarded and protected, which
requires consultation with the Secretary and the head
of each Federal agency the data of which is being
shared subject to the agreement.
TITLE VI
NATIVE AMERICAN HOUSING ASSISTANCE AND SELF-DETERMINATION ACT OF 2021
short title
Sec. 601. This title may be cited as the ``Native American Housing
Assistance and Self-Determination Reauthorization Act of 2021''.
consolidation of environmental review requirements
Sec. 602. Section 105 of the Native American Housing Assistance
and Self-Determination Act of 1996 (25 U.S.C. 4115) is amended by
adding at the end the following:
``(e) Consolidation of Environmental Review Requirements.--
``(1) In general.--In the case of a recipient of grant
amounts under this Act that is carrying out a project that
qualifies as an affordable housing activity under section 202,
if the recipient is using 1 or more additional sources of
Federal funds to carry out the project, and the grant amounts
received under this Act constitute the largest single source of
Federal funds that the recipient reasonably expects to commit
to the project at the time of environmental review, the Indian
tribe of the recipient may assume, in addition to all of the
responsibilities for environmental review, decision making, and
action under subsection (a), all of the additional
responsibilities for environmental review, decision making, and
action under provisions of law that would apply to each Federal
agency providing additional funding were the Federal agency to
carry out the project as a Federal project.
``(2) Discharge.--The assumption by the Indian tribe of the
additional responsibilities for environmental review, decision
making, and action under paragraph (1) with respect to a
project shall be deemed to discharge the responsibility of the
applicable Federal agency for environmental review, decision
making, and action with respect to the project.
``(3) Certification.--An Indian tribe that assumes the
additional responsibilities under paragraph (1), shall certify,
in addition to the requirements under subsection (c)--
``(A) the additional responsibilities that the
Indian tribe has fully carried out under this
subsection; and
``(B) that the certifying officer consents to
assume the status of a responsible Federal official
under the provisions of law that would apply to each
Federal agency providing additional funding under
paragraph (1).
``(4) Liability.--
``(A) In general.--An Indian tribe that completes
an environmental review under this subsection shall
assume sole liability for the content and quality of
the review.
``(B) Remedies and sanctions.--Except as provided
in subparagraph (C), if the Secretary approves a
certification and release of funds to an Indian tribe
for a project in accordance with subsection (b), but
the Secretary or the head of another Federal agency
providing funding for the project subsequently learns
that the Indian tribe failed to carry out the
responsibilities of the Indian tribe as described in
subsection (a) or paragraph (1), as applicable, the
Secretary or other head, as applicable, may impose
appropriate remedies and sanctions in accordance with--
``(i) the regulations issued pursuant to
section 106; or
``(ii) such regulations as are issued by
the other head.
``(C) Statutory violation waivers.--If the
Secretary waives the requirements under this section in
accordance with subsection (d) with respect to a
project for which an Indian tribe assumes additional
responsibilities under paragraph (1), the waiver shall
prohibit any other Federal agency providing additional
funding for the project from imposing remedies or
sanctions for failure to comply with requirements for
environmental review, decision making, and action under
provisions of law that would apply to the Federal
agency.''.
authorization of appropriations
Sec. 603. Section 108 of the Native American Housing Assistance
and Self-Determination Act of 1996 (25 U.S.C. 4117) is amended, in the
first sentence, by striking ``2009 through 2013'' and inserting ``2022
through 2032''.
student housing assistance
Sec. 604. Section 202(3) of the Native American Housing Assistance
and Self-Determination Act of 1996 (25 U.S.C. 4132(3)) is amended by
inserting ``including education-related stipends, college housing
assistance, and other education-related assistance for low-income
college students,'' after ``self-sufficiency and other services,''.
application of rent rule only to units owned or operated by indian
tribe or tribally designated housing entity
Sec. 605. Section 203(a)(2) of the Native American Housing
Assistance and Self-Determination Act of 1996 (25 U.S.C. 4133(a)(2)) is
amended by inserting ``owned or operated by a recipient and'' after
``residing in a dwelling unit''.
program requirements
Sec. 606. Section 203(a) of the Native American Housing Assistance
and Self-Determination Act of 1996 (25 U.S.C. 4133(a)) (as amended by
section 5) is amended--
(1) in paragraph (1), by striking ``paragraph (2)'' and
inserting ``paragraphs (2) and (3)'';
(2) by redesignating paragraph (2) as paragraph (3);
(3) by inserting after paragraph (1) the following:
``(2) Application of tribal policies.--Paragraph (3) shall
not apply if--
``(A) the recipient has a written policy governing
rents and homebuyer payments charged for dwelling
units; and
``(B) that policy includes a provision governing
maximum rents or homebuyer payments, including tenant
protections.''; and
(4) in paragraph (3) (as so redesignated), by striking ``In
the case of'' and inserting ``In the absence of a written
policy governing rents and homebuyer payments, in the case
of''.
de minimis exemption for procurement of goods and services
Sec. 607. Section 203(g) of the Native American Housing Assistance
and Self-Determination Act of 1996 (25 U.S.C. 4133(g)) is amended by
striking ``$5,000'' and inserting ``$10,000''.
homeownership or lease-to-own low-income requirement and income
targeting
Sec. 608. Section 205 of the Native American Housing Assistance
and Self-Determination Act of 1996 (25 U.S.C. 4135) is amended--
(1) in subsection (a)(1)--
(A) in subparagraph (C), by striking ``and'' at the
end; and
(B) by adding at the end the following:
``(E) notwithstanding any other provision of this
paragraph, in the case of rental housing that is made
available to a current rental family for conversion to
a homebuyer or a lease-purchase unit, that the current
rental family can purchase through a contract of sale,
lease-purchase agreement, or any other sales agreement,
is made available for purchase only by the current
rental family, if the rental family was a low-income
family at the time of their initial occupancy of such
unit; and''; and
(2) in subsection (c)--
(A) by striking ``The provisions'' and inserting
the following:
``(1) In general.--The provisions''; and
(B) by adding at the end the following:
``(2) Applicability to improvements.--The provisions of
subsection (a)(2) regarding binding commitments for the
remaining useful life of property shall not apply to
improvements of privately owned homes if the cost of the
improvements do not exceed 10 percent of the maximum total
development cost for the home.''.
lease requirements and tenant selection
Sec. 609. Section 207 of the Native American Housing Assistance
and Self-Determination Act of 1996 (25 U.S.C. 4137) is amended by
adding at the end the following:
``(c) Notice of Termination.--The notice period described in
subsection (a)(3) shall apply to projects and programs funded in part
by amounts authorized under this Act.''.
indian health service
Sec. 610. (a) In General.--Subtitle A of title II of the Native
American Housing Assistance and Self-Determination Act of 1996 (25
U.S.C. 4131 et seq.) is amended by adding at the end the following:
``SEC. 211. IHS SANITATION FACILITIES CONSTRUCTION.
``Notwithstanding any other provision of law, the Director of the
Indian Health Service, or a recipient receiving funding for a housing
construction or renovation project under this title, may use funding
from the Indian Health Service for the construction of sanitation
facilities under that project.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Native American Housing Assistance and Self-Determination Act of
1996 (Public Law 104-330; 110 Stat. 4016) is amended by inserting after
the item relating to section 210 the following:
``Sec. 211. IHS sanitation facilities construction.''.
statutory authority to suspend grant funds in emergencies
Sec. 611. Section 401(a)(4) of the Native American Housing
Assistance and Self-Determination Act of 1996 (25 U.S.C. 4161(a)(4)) is
amended--
(1) in subparagraph (A), by striking ``may take an action
described in paragraph (1)(C)'' and inserting ``may immediately
take an action described in paragraph (1)(C)''; and
(2) by striking subparagraph (B) and inserting the
following:
``(B) Procedural requirements.--
``(i) In general.--If the Secretary takes
an action described in subparagraph (A), the
Secretary shall provide notice to the recipient
at the time that the Secretary takes that
action.
``(ii) Notice requirements.--The notice
under clause (i) shall inform the recipient
that the recipient may request a hearing by not
later than 30 days after the date on which the
Secretary provides the notice.
``(iii) Hearing requirements.--A hearing
requested under clause (ii) shall be
conducted--
``(I) in accordance with subpart A
of part 26 of title 24, Code of Federal
Regulations (or successor regulations);
and
``(II) to the maximum extent
practicable, on an expedited basis.
``(iv) Failure to conduct a hearing.--If a
hearing requested under clause (ii) is not
completed by the date that is 180 days after
the date on which the recipient requests the
hearing, the action of the Secretary to limit
the availability of payments shall no longer be
effective.''.
reports to congress
Sec. 612. Section 407 of the Native American Housing Assistance
and Self-Determination Act of 1996 (25 U.S.C. 4167) is amended--
(1) in subsection (a), by striking ``Congress'' and
inserting ``Committee on Indian Affairs and the Committee on
Banking, Housing and Urban Affairs of the Senate and the
Committee on Financial Services of the House of
Representatives''; and
(2) by adding at the end the following:
``(c) Public Availability.--The report described in subsection (a)
shall be made publicly available, including to recipients.''.
99-year leasehold interest in trust or restricted lands for housing
purposes
Sec. 613. Section 702 of the Native American Housing Assistance
and Self-Determination Act of 1996 (25 U.S.C. 4211) is amended--
(1) in the section heading, by striking ``50-year'' and
inserting ``99-year'';
(2) in subsection (b), by striking ``50 years'' and
inserting ``99 years''; and
(3) in subsection (c)(2), by striking ``50 years'' and
inserting ``99 years''.
amendments for block grants for affordable housing activities
Sec. 614. Section 802(e) of the Native American Housing Assistance
and Self-Determination Act of 1996 (25 U.S.C. 4222(e)) is amended by--
(1) by striking ``The Director'' and inserting the
following:
``(1) In general.--The Director''; and
(2) by adding at the end the following:
``(2) Subawards.--Notwithstanding any other provision of
law, including provisions of State law requiring competitive
procurement, the Director may make subawards to subrecipients,
except for for-profit entities, using amounts provided under
this title to carry out affordable housing activities upon a
determination by the Director that such subrecipients have
adequate capacity to carry out activities in accordance with
this Act.''.
reauthorization of native hawaiian homeownership provisions
Sec. 615. Section 824 of the Native American Housing Assistance
and Self-Determination Act of 1996 (25 U.S.C. 4243) is amended by
striking ``such sums as may be necessary'' and all that follows through
the period at the end and inserting ``such sums as may be necessary for
each of fiscal years 2022 through 2032.''.
total development cost maximum project cost
Sec. 616. Affordable housing (as defined in section 4 of the
Native American Housing Assistance and Self-Determination Act of 1996
(25 U.S.C. 4103)) that is developed, acquired, or assisted under the
block grant program established under section 101 of the Native
American Housing Assistance and Self-Determination Act of 1996 (25
U.S.C. 4111) shall not exceed by more than 20 percent, without prior
approval of the Secretary of Housing and Urban Development, the total
development cost maximum cost for all housing assisted under an
affordable housing activity, including development and model
activities.
community-based development organizations
Sec. 617. Section 105 of the Housing and Community Development Act
of 1974 (42 U.S.C. 5305) is amended by adding at the end the following:
``(i) Indian Tribes and Tribally Designated Housing Entities as
Community-Based Development Organizations.--
``(1) Definition.--In this subsection, the term `tribally
designated housing entity' has the meaning given the term in
section 4 of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4103).
``(2) Qualification.--An Indian tribe, a tribally
designated housing entity, or a tribal organization shall
qualify as a community-based development organization for
purposes of carrying out new housing construction under this
subsection under a grant made under section 106(a)(1).''.
indian tribe eligibility for hud housing counseling grants
Sec. 618. Section 106(a)(4) of the Housing and Urban Development
Act of 1968 (12 U.S.C. 1701x(a)(4)) is amended--
(1) in subparagraph (A)--
(A) by striking ``and'' and inserting a comma; and
(B) by inserting before the period at the end the
following: ``, Indian tribes, and tribally designated
housing entities'';
(2) in subparagraph (B), by inserting ``, Indian tribes,
and tribally designated housing entities'' after
``organizations)'';
(3) by redesignating subparagraph (F) as subparagraph (G);
and
(4) by inserting after subparagraph (E) the following:
``(F) Definitions.--In this paragraph, the terms
`Indian tribe' and `tribally designated housing entity'
have the meanings given those terms in section 4 of the
Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4103).''.
section 184 indian home loan guarantee program
Sec. 619. (a) In General.--Section 184(b)(4) of the Housing and
Community Development Act of 1992 (12 U.S.C. 1715z-13a(b)(4)) is
amended by--
(1) redesignating subparagraphs (A) through (D) as clauses
(i) through (iv), respectively, and adjusting the margins
accordingly;
(2) by striking ``The loan'' and inserting the following:
``(A) In general.--The loan'';
(3) in subparagraph (A), as so designated, by adding at the
end the following:
``(v) Any entity certified as a community
development financial institution by the
Community Development Financial Institutions
Fund established under section 104(a) of the
Riegle Community Development and Regulatory
Improvement Act of 1994 (12 U.S.C. 4703(a)).'';
and
(4) by adding at the end the following:
``(B) Direct guarantee process.--
``(i) Authorization.--The Secretary may
authorize qualifying lenders to participate in
a direct guarantee process for approving loans
under this section.
``(ii) Indemnification.--
``(I) In general.--If the Secretary
determines that a mortgage guaranteed
through a direct guarantee process
under this subparagraph was not
originated in accordance with the
requirements established by the
Secretary, the Secretary may require
the lender approved under this
subparagraph to indemnify the Secretary
for the loss, irrespective of whether
the violation caused the mortgage
default.
``(II) Fraud or
misrepresentation.--If fraud or
misrepresentation is involved in a
direct guarantee process under this
subparagraph, the Secretary shall
require the original lender approved
under this subparagraph to indemnify
the Secretary for the loss regardless
of when an insurance claim is paid.
``(C) Review of mortgagees.--
``(i) In general.--The Secretary may
periodically review the mortgagees originating,
underwriting, or servicing single family
mortgage loans under this section.
``(ii) Requirements.--In conducting a
review under clause (i), the Secretary--
``(I) shall compare the mortgagee
with other mortgagees originating or
underwriting loan guarantees for Indian
housing based on the rates of defaults
and claims for guaranteed mortgage
loans originated, underwritten, or
serviced by that mortgagee;
``(II) may compare the mortgagee
with such other mortgagees based on
underwriting quality, geographic area
served, or any commonly used factors
the Secretary determines necessary for
comparing mortgage default risk,
provided that the comparison is of
factors that the Secretary would expect
to affect the default risk of mortgage
loans guaranteed by the Secretary;
``(iii) shall implement such comparisons by
regulation, notice, or mortgagee letter; and
``(I) may terminate the approval of
a mortgagee to originate, underwrite,
or service loan guarantees for housing
under this section if the Secretary
determines that the mortgage loans
originated, underwritten, or serviced
by the mortgagee present an
unacceptable risk to the Indian Housing
Loan Guarantee Fund established under
subsection (i)--
``(aa) based on a
comparison of any of the
factors set forth in this
subparagraph; or
``(bb) by a determination
that the mortgagee engaged in
fraud or misrepresentation.''.
(b) Loan Guarantees for Indian Housing.--Section 184(i)(5) of the
Housing and Community Development Act of 1992 (12 U.S.C. 1715z-
13a(i)(5)) is amended--
(1) in subparagraph (B), by inserting after the first
sentence the following: ``There are authorized to be
appropriated for those costs such sums as may be necessary for
each of fiscal years 2022 through 2032.''; and
(2) in subparagraph (C), by striking ``2008 through 2012''
and inserting ``2022 through 2032''.
loan guarantees for native hawaiian housing
Sec. 620. Section 184A of the Housing and Community Development
Act of 1992 (12 U.S.C. 1715z-13b) is amended--
(1) in subsection (c)(4)(B)--
(A) by redesignating clause (iv) as clause (v); and
(B) by adding after clause (iii) the following:
``(iv) Any entity certified as a community
development financial institution by the
Community Development Financial Institutions
Fund established under section 104(a) of the
Riegle Community Development and Regulatory
Improvement Act of 1994 (12 U.S.C. 4703(a)).'';
and
(2) in subsection (j)(5)(B), by inserting after the first
sentence the following: ``There are authorized to be
appropriated for those costs such sums as may be necessary for
each of fiscal years 2022 through 2032.''.
assistant secretary for indian housing
Sec. 621. The Department of Housing and Urban Development Act (42
U.S.C. 3531 et seq.) is amended--
(1) in section 4 (42 U.S.C. 3533)--
(A) in subsection (a)(1), by striking ``7'' and
inserting ``8''; and
(B) in subsection (e)--
(i) by redesignating paragraph (2) as
paragraph (4); and
(ii) by striking ``(e)(1)(A) There'' and
all that follows through the end of paragraph
(1) and inserting the following:
``(e)(1) There is established within the Department the Office of
Native American Programs (in this subsection referred to as the
`Office') to be headed by an Assistant Secretary for Native American
Programs (in this subsection referred to as the `Assistant Secretary'),
who shall be 1 of the Assistant Secretaries in subsection (a)(1).
``(2) The Assistant Secretary shall be responsible for--
``(A) administering, in coordination with the relevant
office in the Department, the provision of housing assistance
to Indian tribes or Indian housing authorities under each
program of the Department that provides for such assistance;
``(B) administering the community development block grant
program for Indian tribes under title I of the Housing and
Community Development Act of 1974 (42 U.S.C. 5301 et seq.) and
the provision of assistance to Indian tribes under such Act;
``(C) directing, coordinating, and assisting in managing
any regional offices of the Department that administer Indian
programs to the extent of such programs; and
``(D) coordinating all programs of the Department relating
to Indian and Alaska Native housing and community development.
``(3) The Secretary shall include in the annual report under
section 8 a description of the extent of the housing needs for Indian
families and community development needs of Indian tribes in the United
States and the activities of the Department, and extent of such
activities, in meeting such needs.''; and
(2) in section 8 (42 U.S.C. 3536), by striking ``section
4(e)(2)'' and inserting ``section 4(e)(4)''.
drug elimination program
Sec. 622. (a) Definitions.--In this section:
(1) Controlled substance.--The term ``controlled
substance'' has the meaning given the term in section 102 of
the Controlled Substances Act (21 U.S.C. 802).
(2) Drug-related crime.--The term ``drug-related crime''
means the illegal manufacture, sale, distribution, use, or
possession with intent to manufacture, sell, distribute, or use
a controlled substance.
(3) Recipient.--The term ``recipient''--
(A) has the meaning given the term in section 4 of
the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4103); and
(B) includes a recipient of funds under title VIII
of that Act (25 U.S.C. 4221 et seq.).
(4) Secretary.--The term ``Secretary'' means the Secretary
of Housing and Urban Development.
(b) Establishment.--The Secretary may make grants under this
section to recipients of assistance under the Native American Housing
Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101 et seq.)
for use in eliminating drug-related and violent crime.
(c) Eligible Activities.--Grants under this section may be used
for--
(1) the employment of security personnel;
(2) reimbursement of State, local, Tribal, or Bureau of
Indian Affairs law enforcement agencies for additional security
and protective services;
(3) physical improvements which are specifically designed
to enhance security;
(4) the employment of 1 or more individuals--
(A) to investigate drug-related or violent crime in
and around the real property comprising housing
assisted under the Native American Housing Assistance
and Self-Determination Act of 1996 (25 U.S.C. 4101 et
seq.); and
(B) to provide evidence relating to such crime in
any administrative or judicial proceeding;
(5) the provision of training, communications equipment,
and other related equipment for use by voluntary tenant patrols
acting in cooperation with law enforcement officials;
(6) programs designed to reduce use of drugs in and around
housing communities funded under the Native American Housing
Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101
et seq.), including drug-abuse prevention, intervention,
referral, and treatment programs;
(7) providing funding to nonprofit resident management
corporations and resident councils to develop security and drug
abuse prevention programs involving site residents;
(8) sports programs and sports activities that serve
primarily youths from housing communities funded through and
are operated in conjunction with, or in furtherance of, an
organized program or plan designed to reduce or eliminate drugs
and drug-related problems in and around those communities; and
(9) other programs for youth in school settings that
address drug prevention and positive alternatives for youth,
including education and activities related to science,
technology, engineering, and math.
(d) Applications.--
(1) In general.--To receive a grant under this subsection,
an eligible applicant shall submit an application to the
Secretary, at such time, in such manner, and accompanied by--
(A) a plan for addressing the problem of drug-
related or violent crime in and around of the housing
administered or owned by the applicant for which the
application is being submitted; and
(B) such additional information as the Secretary
may reasonably require.
(2) Criteria.--The Secretary shall approve applications
submitted under paragraph (1) on the basis of thresholds or
criteria such as--
(A) the extent of the drug-related or violent crime
problem in and around the housing or projects proposed
for assistance;
(B) the quality of the plan to address the crime
problem in the housing or projects proposed for
assistance, including the extent to which the plan
includes initiatives that can be sustained over a
period of several years;
(C) the capability of the applicant to carry out
the plan; and
(D) the extent to which tenants, the Tribal
government, and the Tribal community support and
participate in the design and implementation of the
activities proposed to be funded under the application.
(e) High Intensity Drug Trafficking Areas.--In evaluating the
extent of the drug-related crime problem pursuant to subsection (d)(2),
the Secretary may consider whether housing or projects proposed for
assistance are located in a high intensity drug trafficking area
designated pursuant to section 707(b) of the Office of National Drug
Control Policy Reauthorization Act of 1998 (21 U.S.C. 1706(b)).
(f) Reports.--
(1) Grantee reports.--The Secretary shall require grantees
under this section to provide periodic reports that include the
obligation and expenditure of grant funds, the progress made by
the grantee in implementing the plan described in subsection
(d)(1)(A), and any change in the incidence of drug-related
crime in projects assisted under section.
(2) HUD reports.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall submit to Congress a
report describing the system used to distribute funding to
grantees under this section, which shall include descriptions
of--
(A) the methodology used to distribute amounts made
available under this section; and
(B) actions taken by the Secretary to ensure that
amounts made available under section are not used to
fund baseline local government services, as described
in subsection (h)(2).
(g) Notice of Funding Awards.--The Secretary shall publish on the
website of the Department a notice of all grant awards made pursuant to
section, which shall identify the grantees and the amount of the
grants.
(h) Monitoring.--
(1) In general.--The Secretary shall audit and monitor the
program funded under this subsection to ensure that assistance
provided under this subsection is administered in accordance
with the provisions of section.
(2) Prohibition of funding baseline services.--
(A) In general.--Amounts provided under this
section may not be used to reimburse or support any
local law enforcement agency or unit of general local
government for the provision of services that are
included in the baseline of services required to be
provided by any such entity pursuant to a local
cooperative agreement pursuant under the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
5301 et seq.) or any provision of an annual
contributions contract for payments in lieu of taxation
with the Bureau of Indian Affairs.
(B) Description.--Each grantee under this section
shall describe, in the report under subsection (f)(1),
such baseline of services for the unit of Tribal
government in which the jurisdiction of the grantee is
located.
(3) Enforcement.--The Secretary shall provide for the
effective enforcement of this section, as specified in the
program requirements published in a notice by the Secretary,
which may include--
(A) the use of on-site monitoring, independent
public audit requirements, certification by Tribal or
Federal law enforcement or Tribal government officials
regarding the performance of baseline services referred
to in paragraph (2);
(B) entering into agreements with the Attorney
General to achieve compliance, and verification of
compliance, with the provisions of this section; and
(C) adopting enforcement authority that is
substantially similar to the authority provided to the
Secretary under the Native American Housing Assistance
and Self-Determination Act of 1996 (25 U.S.C. 4101 et
seq.)
(i) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary for each fiscal years 2022
through 2032 to carry out this section.
rental assistance for homeless or at-risk indian veterans
Sec. 623. Section 8(o)(19) of the United States Housing Act of
1937 (42 U.S.C. 1437f(o)(19)) is amended by adding at the end the
following:
``(E) Indian veterans housing rental assistance
program.--
``(i) Definitions.--In this subparagraph:
``(I) Eligible indian veteran.--The
term `eligible Indian veteran' means an
Indian veteran who is--
``(aa) homeless or at risk
of homelessness; and
``(bb) living--
``(AA) on or near a
reservation; or
``(BB) in or near
any other Indian area.
``(II) Eligible recipient.--The
term `eligible recipient' means a
recipient eligible to receive a grant
under section 101 of the Native
American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C.
4111).
``(III) Indian; indian area.--The
terms `Indian' and `Indian area' have
the meanings given those terms in
section 4 of the Native American
Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C.
4103).
``(IV) Indian veteran.--The term
`Indian veteran' means an Indian who is
a veteran.
``(V) Program.--The term `Program'
means the Tribal HUD-VASH program
carried out under clause (ii).
``(VI) Tribal organization.--The
term `tribal organization' has the
meaning given the term in section 4 of
the Indian Self-Determination and
Education Assistance Act (25 U.S.C.
5304).
``(ii) Program specifications.--The
Secretary shall use not less than 5 percent of
the amounts made available for rental
assistance under this paragraph to carry out a
rental assistance and supported housing
program, to be known as the `Tribal HUD-VASH
program', in conjunction with the Secretary of
Veterans Affairs, by awarding grants for the
benefit of eligible Indian veterans.
``(iii) Model.--
``(I) In general.--Except as
provided in subclause (II), the
Secretary shall model the Program on
the rental assistance and supported
housing program authorized under
subparagraph (A) and applicable
appropriations Acts, including
administration in conjunction with the
Secretary of Veterans Affairs.
``(II) Exceptions.--
``(aa) Secretary of housing
and urban development.--After
consultation with Indian
tribes, eligible recipients,
and any other appropriate
tribal organizations, the
Secretary may make necessary
and appropriate modifications
to facilitate the use of the
Program by eligible recipients
to serve eligible Indian
veterans.
``(bb) Secretary of
veterans affairs.--After
consultation with Indian
tribes, eligible recipients,
and any other appropriate
tribal organizations, the
Secretary of Veterans Affairs
may make necessary and
appropriate modifications to
facilitate the use of the
Program by eligible recipients
to serve eligible Indian
veterans.
``(iv) Eligible recipients.--The Secretary
shall make amounts for rental assistance and
associated administrative costs under the
Program available in the form of grants to
eligible recipients.
``(v) Funding criteria.--The Secretary
shall award grants under the Program based on--
``(I) need;
``(II) administrative capacity; and
``(III) any other funding criteria
established by the Secretary in a
notice published in the Federal
Register after consulting with the
Secretary of Veterans Affairs.
``(vi) Administration.--Grants awarded
under the Program shall be administered in
accordance with the Native American Housing
Assistance and Self-Determination Act of 1996
(25 U.S.C. 4101 et seq.), except that
recipients shall--
``(I) submit to the Secretary, in a
manner prescribed by the Secretary,
reports on the utilization of rental
assistance provided under the Program;
and
``(II) provide to the Secretary
information specified by the Secretary
to assess the effectiveness of the
Program in serving eligible Indian
veterans.
``(vii) Consultation.--
``(I) Grant recipients; tribal
organizations.--The Secretary, in
coordination with the Secretary of
Veterans Affairs, shall consult with
eligible recipients and any other
appropriate tribal organization on the
design of the Program to ensure the
effective delivery of rental assistance
and supportive services to eligible
Indian veterans under the Program.
``(II) Indian health service.--The
Director of the Indian Health Service
shall provide any assistance requested
by the Secretary or the Secretary of
Veterans Affairs in carrying out the
Program.
``(viii) Waiver.--
``(I) In general.--Except as
provided in subclause (II), the
Secretary may waive or specify
alternative requirements for any
provision of law (including
regulations) that the Secretary
administers in connection with the use
of rental assistance made available
under the Program if the Secretary
finds that the waiver or alternative
requirement is necessary for the
effective delivery and administration
of rental assistance under the Program
to eligible Indian veterans.
``(II) Exception.--The Secretary
may not waive or specify alternative
requirements under subclause (I) for
any provision of law (including
regulations) relating to labor
standards or the environment.
``(ix) Renewal grants.--The Secretary may--
``(I) set aside, from amounts made
available for tenant-based rental
assistance under this subsection and
without regard to the amounts used for
new grants under clause (ii), such
amounts as may be necessary to award
renewal grants to eligible recipients
that received a grant under the Program
in a previous year; and
``(II) specify criteria that an
eligible recipient must satisfy to
receive a renewal grant under subclause
(I), including providing data on how
the eligible recipient used the amounts
of any grant previously received under
the Program.
``(x) Reporting.--
``(I) In general.--Not later than 1
year after the date of enactment of
this subparagraph, and every 5 years
thereafter, the Secretary, in
coordination with the Secretary of
Veterans Affairs and the Director of
the Indian Health Service, shall--
``(aa) conduct a review of
the implementation of the
Program, including any factors
that may have limited its
success; and
``(bb) submit a report
describing the results of the
review under item (aa) to--
``(AA) the
Committee on Indian
Affairs, the Committee
on Banking, Housing,
and Urban Affairs, the
Committee on Veterans'
Affairs, and the
Committee on
Appropriations of the
Senate; and
``(BB) the
Subcommittee on Indian,
Insular and Alaska
Native Affairs of the
Committee on Natural
Resources, the
Committee on Financial
Services, the Committee
on Veterans' Affairs,
and the Committee on
Appropriations of the
House of
Representatives.
``(II) Analysis of housing stock
limitation.--The Secretary shall
include in the initial report submitted
under subclause (I) a description of--
``(aa) any regulations
governing the use of formula
current assisted stock (as
defined in section 1000.314 of
title 24, Code of Federal
Regulations (or any successor
regulation)) within the
Program;
``(bb) the number of
recipients of grants under the
Program that have reported the
regulations described in item
(aa) as a barrier to
implementation of the Program;
and
``(cc) proposed alternative
legislation or regulations
developed by the Secretary in
consultation with recipients of
grants under the Program to
allow the use of formula
current assisted stock within
the Program.''.
leveraging
Sec. 624. All funds provided under a grant made pursuant to this
division or the amendments made by this division may be used for
purposes of meeting matching or cost participation requirements under
any other Federal or non-Federal program, provided that such grants
made pursuant to the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4101 et seq.) are spent in
accordance with that Act.
This Act may be cited as the ``Transportation, Housing and Urban
Development, and Related Agencies Appropriations Act, 2023''.
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