II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 That the following sums are appropriated, out of any 

4 money in the Treasury not otherwise appropriated, for the 

5 Departments of Transportation, and Housing and Urban 

6 Development, and related agencies for the fiscal year end7 ing September 30, 2023, and for other purposes, namely: 


pbinns on DSKJLVW7X2PROD with $$_JOB
2 

•S 4670 IS

1 TITLE I 

2 DEPARTMENT OF TRANSPORTATION 

3 OFFICE OF THE SECRETARY

4 SALARIES AND EXPENSES

5 (INCLUDING TRANSFER OF FUNDS)

6 For necessary expenses of the Office of the Secretary, 

7 $171,014,000: Provided, That of the sums appropriated 

8 under this heading— 

9 (1) $3,569,000 shall be available for the imme10 diate Office of the Secretary; 

11 (2) $1,277,000 shall be available for the imme12 diate Office of the Deputy Secretary; 

13 (3) $28,089,000 shall be available for the Office 

14 of the General Counsel; 

15 (4) $17,469,000 shall be available for the Office 

16 of the Under Secretary of Transportation for Policy, 

17 of which $2,000,000 is for the Office for Multimodal 

18 Freight Infrastructure and Policy; 

19 (5) $21,026,000 shall be available for the Office 

20 of the Assistant Secretary for Budget and Pro21 grams; 

22 (6) $3,968,000 shall be available for the Office 

23 of the Assistant Secretary for Governmental Affairs; 

24 (7) $41,399,000 shall be available for the Office 

25 of the Assistant Secretary for Administration; 


pbinns on DSKJLVW7X2PROD with $$_JOB
3 

•S 4670 IS

1 (8) $5,727,000 shall be available for the Office 

2 of Public Affairs and Public Engagement; 

3 (9) $2,312,000 shall be available for the Office 

4 of the Executive Secretariat; 

5 (10) $15,533,000 shall be available for the Of6 fice of Intelligence, Security, and Emergency Re7 sponse; 

8 (11) $29,195,000 shall be available for the Of9 fice of the Chief Information Officer; and 

10 (12) $1,450,000 shall be available for the Office 

11 of Tribal Government Affairs: 

12 Provided further, That the Secretary of Transportation 

13 (referred to in this title as the ‘‘Secretary’’) is authorized 

14 to transfer funds appropriated for any office of the Office 

15 of the Secretary to any other office of the Office of the 

16 Secretary: Provided further, That no appropriation for any 

17 office shall be increased or decreased by more than 7 per18 cent by all such transfers: Provided further, That notice 

19 of any change in funding greater than 7 percent shall be 

20 submitted for approval to the House and Senate Commit21 tees on Appropriations: Provided further, That not to ex22 ceed $70,000 shall be for allocation within the Department 

23 for official reception and representation expenses as the 

24 Secretary may determine: Provided further, That notwith25 standing any other provision of law, there may be credited 


pbinns on DSKJLVW7X2PROD with $$_JOB
4 

•S 4670 IS

1 to this appropriation up to $2,500,000 in funds received 

2 in user fees: Provided further, That none of the funds pro3 vided in this Act shall be available for the position of As4 sistant Secretary for Public Affairs. 

5 RESEARCH AND TECHNOLOGY

6 For necessary expenses related to the Office of the 

7 Assistant Secretary for Research and Technology, 

8 $48,396,000, of which $33,718,000 shall remain available 

9 until expended: Provided, That there may be credited to 

10 this appropriation, to be available until expended, funds 

11 received from States, counties, municipalities, other public 

12 authorities, and private sources for expenses incurred for 

13 training: Provided further, That any reference in law, reg14 ulation, judicial proceedings, or elsewhere to the Research 

15 and Innovative Technology Administration shall continue 

16 to be deemed to be a reference to the Office of the Assist17 ant Secretary for Research and Technology of the Depart18 ment of Transportation. 

19 NATIONAL INFRASTRUCTURE INVESTMENTS

20 (INCLUDING TRANSFER OF FUNDS)

21 For necessary expenses to carry out a local and re22 gional project assistance grant program under section 

23 6702 of title 49, United States Code, $1,090,000,000, to 

24 remain available until expended: Provided, That section 

25 6702(f)(2) of title 49, United States Code, shall not apply 


pbinns on DSKJLVW7X2PROD with $$_JOB
5 

•S 4670 IS

1 to amounts made available under this heading in this Act: 

2 Provided further, That of amounts made available under 

3 this heading in this Act, not less than $20,000,000 shall 

4 be awarded to projects in historically disadvantaged com5 munities or areas of persistent poverty as defined under 

6 section 6702(a)(1) of title 49, United States Code: Pro7 vided further, That section 6702(g) of title 49, United 

8 States Code, shall not apply to amounts made available 

9 under this heading in this Act: Provided further, That of 

10 the amounts made available under this heading in this Act 

11 not less than 5 percent shall be made available for the 

12 planning, preparation, or design of eligible projects: Pro13 vided further, That grants awarded under this heading in 

14 this Act for eligible projects for planning, preparation, or 

15 design shall not be subject to a minimum grant size: Pro16 vided further, That in distributing amounts made available 

17 under this heading in this Act, the Secretary shall take 

18 such measures so as to ensure an equitable geographic dis19 tribution of funds, an appropriate balance in addressing 

20 the needs of urban and rural areas, including Tribal areas, 

21 and the investment in a variety of transportation modes: 

22 Provided further, That section 6702(c)(2)(C) of title 49, 

23 United States Code, shall not apply to amounts made 

24 available under this heading in this Act: Provided further, 

25 That a grant award under this heading in this Act shall 


pbinns on DSKJLVW7X2PROD with $$_JOB
6 

•S 4670 IS

1 be not greater than $45,000,000: Provided further, That 

2 section 6702(c)(3) of title 49, United States Code, shall 

3 not apply to amounts made available under this heading 

4 in this Act: Provided further, That not more than 15 per5 cent of the amounts made available under this heading 

6 in this Act may be awarded to projects in a single State: 

7 Provided further, That for amounts made available under 

8 this heading in this Act, the Secretary shall give priority 

9 to projects that require a contribution of Federal funds 

10 in order to complete an overall financing package: Pro11 vided further, That section 6702(f)(1) of title 49, United 

12 States Code, shall not apply to amounts made available 

13 under this heading in this Act: Provided further, That of 

14 the amounts awarded under this heading in this Act, not 

15 more than 50 percent shall be allocated for eligible 

16 projects located in rural areas and not more than 50 per17 cent shall be allocated for eligible projects located in ur18 banized areas: Provided further, That for the purpose of 

19 determining if an award for planning, preparation, or de20 sign under this heading in this Act is an urban award, 

21 the project location is the location of the project being 

22 planned, prepared, or designed: Provided further, That the 

23 Secretary may retain up to 2 percent of the amounts made 

24 available under this heading in this Act, and may transfer 

25 portions of such amounts to the Administrators of the 


pbinns on DSKJLVW7X2PROD with $$_JOB
7 

•S 4670 IS

1 Federal Aviation Administration, the Federal Highway 

2 Administration, the Federal Transit Administration, the 

3 Federal Railroad Administration and the Maritime Ad4 ministration to fund the award and oversight of grants 

5 and credit assistance made under the program authorized 

6 under section 6702 of title 49, United States Code: Pro7 vided further, That for amounts made available under this 

8 heading in this Act, the Secretary shall consider and 

9 award projects based solely on the selection criteria as 

10 identified under section 6702(d)(3) and (d)(4) of title 49, 

11 United States Code. 

12 NATIONAL SURFACE TRANSPORTATION AND INNOVATIVE

13 FINANCE BUREAU

14 For necessary expenses of the National Surface 

15 Transportation and Innovative Finance Bureau as author16 ized by 49 U.S.C. 116, $8,850,000, to remain available 

17 until expended: Provided, That the Secretary may collect 

18 and spend fees, as authorized by title 23, United States 

19 Code, to cover the costs of services of expert firms, includ20 ing counsel, in the field of municipal and project finance 

21 to assist in the underwriting and servicing of Federal cred22 it instruments and all or a portion of the costs to the Fed23 eral Government of servicing such credit instruments: Pro24 vided further, That such fees are available until expended 

25 to pay for such costs: Provided further, That such amounts 


pbinns on DSKJLVW7X2PROD with $$_JOB
8 

•S 4670 IS

1 are in addition to other amounts made available for such 

2 purposes and are not subject to any obligation limitation 

3 or the limitation on administrative expenses under section 

4 608 of title 23, United States Code. 

5 INFRASTRUCTURE ADVANCEMENT INITIATIVE FOR

6 THRIVING COMMUNITIES

7 (INCLUDING TRANSFER OF FUNDS)

8 For necessary expenses to provide technical assist9 ance and cooperative agreements for planning and capac10 ity building for transportation infrastructure improve11 ments as established in section 21205 of Public Law 117– 

12 58 and under the heading ‘‘Thriving Communities Initia13 tive’’ in division L of Public Law 117–103, $25,000,000, 

14 to remain available until September 30, 2025: Provided, 

15 That the Secretary may enter into cooperative agreements 

16 with philanthropic entities, non-profit organizations, other 

17 Federal agencies, State or local governments and their 

18 agencies, Indian Tribes, or other technical assistance pro19 viders, to provide technical assistance, planning, and ca20 pacity building to State, local, or Tribal governments, 

21 United States territories, metropolitan planning organiza22 tions, transit agencies, or other political subdivisions of 

23 State or local governments: Provided further, That to be 

24 eligible for a cooperative agreement under this heading, 

25 a recipient shall provide assistance to entities described 


pbinns on DSKJLVW7X2PROD with $$_JOB
9 

•S 4670 IS

1 in the preceding proviso on engaging in public planning 

2 processes with residents, local businesses, non-profit orga3 nizations, and to the extent practicable, philanthropic or4 ganizations, educational institutions, or other community 

5 stakeholders: Provided further, That such cooperative 

6 agreements shall facilitate the planning and development 

7 of transportation and community revitalization activities 

8 supported by the Department of Transportation under ti9 tles 23, 46, and 49, United States Code, that increase mo10 bility, support economic growth, alleviate supply chain 

11 congestion, improve safety, reduce pollution from trans12 portation sources, expand affordable transportation op13 tions, facilitate efficient land use, preserve or expand jobs, 

14 enhance connections to health care, education, and food 

15 security, or improve health outcomes: Provided further, 

16 That the Secretary may prioritize assistance provided with 

17 amounts made available under this heading to commu18 nities that have disproportionate rates of pollution and 

19 poor air quality, communities experiencing dispropor20 tionate effects (as defined by Executive Order No. 12898), 

21 rural areas, Tribal communities, Native Alaskan commu22 nities, Native Hawaiian communities, areas of persistent 

23 poverty as defined in section 6702(a)(1) of title 49, United 

24 States Code, or historically disadvantaged communities: 

25 Provided further, That the preceding proviso shall not preVerDate Sep 11 2014 00:06 Jul 29, 2022 Jkt 029200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S4670.IS S4670

pbinns on DSKJLVW7X2PROD with $$_JOB
10 

•S 4670 IS

1 vent the Secretary from providing assistance with amounts 

2 made available under this heading to entities described in 

3 the first proviso under this heading that request assist4 ance: Provided further, That planning and technical assist5 ance made available under this heading may include pre6 application assistance for capital projects eligible under ti7 tles 23, 46, and 49, United States Code: Provided further, 

8 That the Secretary may retain amounts made available 

9 under this heading for the necessary administrative ex10 penses of (1) developing and disseminating best practices, 

11 modeling, and cost-benefit analysis methodologies to assist 

12 entities described in the first proviso under this heading 

13 with applications for financial assistance programs under 

14 titles 23, 46, and 49, United States Code, and (2) award, 

15 administration, and oversight of cooperative agreements to 

16 carry out the provisions under this heading: Provided fur17 ther, That any amounts made available for section 21205 

18 of Public Law 117–58 in this Act or unobligated balances 

19 from prior Acts may be transferred to this account: Pro20 vided further, That amounts transferred to this account 

21 under the preceding proviso shall not be subject to other 

22 provisos under this heading: Provided further, That the 

23 Secretary may transfer amounts made available under this 

24 heading among the Office of the Secretary and the operVerDate Sep 11 2014 00:06 Jul 29, 2022 Jkt 029200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S4670.IS S4670

pbinns on DSKJLVW7X2PROD with $$_JOB
11 

•S 4670 IS

1 ating administrations of the Department of Transpor2 tation. 

3 RAILROAD REHABILITATION AND IMPROVEMENT

4 FINANCING PROGRAM

5 The Secretary is authorized to issue direct loans and 

6 loan guarantees pursuant to chapter 224 of title 49, 

7 United States Code, and such authority shall exist as long 

8 as any such direct loan or loan guarantee is outstanding. 

9 FINANCIAL MANAGEMENT CAPITAL

10 For necessary expenses for upgrading and enhancing 

11 the Department of Transportation’s financial systems and 

12 re-engineering business processes, $5,000,000, to remain 

13 available through September 30, 2024. 

14 CYBER SECURITY INITIATIVES

15 For necessary expenses for cyber security initiatives, 

16 including necessary upgrades to network and information 

17 technology infrastructure, improvement of identity man18 agement and authentication capabilities, securing and pro19 tecting data, implementation of Federal cyber security ini20 tiatives, and implementation of enhanced security controls 

21 on agency computers and mobile devices, $48,100,000, to 

22 remain available until September 30, 2024. 

23 OFFICE OF CIVIL RIGHTS

24 For necessary expenses of the Office of Civil Rights, 

25 $17,014,000. 


pbinns on DSKJLVW7X2PROD with $$_JOB
12 

•S 4670 IS

1 TRANSPORTATION PLANNING, RESEARCH, AND

2 DEVELOPMENT

3 (INCLUDING TRANSFER OF FUNDS)

4 For necessary expenses for conducting transportation 

5 planning, research, systems development, development ac6 tivities, and making grants, $36,543,000, to remain avail7 able until expended: Provided, That of such amount, 

8 $5,436,000 shall be for necessary expenses of the Inter9 agency Infrastructure Permitting Improvement Center 

10 (IIPIC): Provided further, That there may be transferred 

11 to this appropriation, to remain available until expended, 

12 amounts transferred from other Federal agencies for ex13 penses incurred under this heading for IIPIC activities not 

14 related to transportation infrastructure: Provided further, 

15 That the tools and analysis developed by the IIPIC shall 

16 be available to other Federal agencies for the permitting 

17 and review of major infrastructure projects not related to 

18 transportation only to the extent that other Federal agen19 cies provide funding to the Department in accordance with 

20 the preceding proviso: Provided further, That of the 

21 amounts made available under this heading, $12,914,000 

22 shall be made available for the purposes, and in amounts, 

23 specified for Congressionally Directed Spending in the 

24 table entitled ‘‘Congressionally Directed Spending’’ inVerDate Sep 11 2014 00:06 Jul 29, 2022 Jkt 029200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S4670.IS S4670

pbinns on DSKJLVW7X2PROD with $$_JOB
13 

•S 4670 IS

1 cluded in the explanatory statement accompanying this 

2 Act. 

3 WORKING CAPITAL FUND

4 (INCLUDING TRANSFER OF FUNDS)

5 For necessary expenses for operating costs and cap6 ital outlays of the Working Capital Fund, not to exceed 

7 $505,285,000, shall be paid from appropriations made 

8 available to the Department of Transportation: Provided, 

9 That such services shall be provided on a competitive basis 

10 to entities within the Department of Transportation: Pro11 vided further, That the limitation in the preceding proviso 

12 on operating expenses shall not apply to entities external 

13 to the Department of Transportation or for funds pro14 vided in Public Law 117–58: Provided further, That no 

15 funds made available by this Act to an agency of the De16 partment shall be transferred to the Working Capital 

17 Fund without majority approval of the Working Capital 

18 Fund Steering Committee and approval of the Secretary: 

19 Provided further, That no assessments may be levied 

20 against any program, budget activity, subactivity, or 

21 project funded by this Act unless notice of such assess22 ments and the basis therefor are presented to the House 

23 and Senate Committees on Appropriations and are ap24 proved by such Committees. 


pbinns on DSKJLVW7X2PROD with $$_JOB
14 

•S 4670 IS

1 SMALL AND DISADVANTAGED BUSINESS UTILIZATION AND

2 OUTREACH

3 For necessary expenses for small and disadvantaged 

4 business utilization and outreach activities, $5,132,000, to 

5 remain available until September 30, 2024: Provided, 

6 That notwithstanding section 332 of title 49, United 

7 States Code, such amounts may be used for business op8 portunities related to any mode of transportation: Pro9 vided further, That appropriations made available under 

10 this heading shall be available for any purpose consistent 

11 with prior year appropriations that were made available 

12 under the heading ‘‘Office of the Secretary—Minority 

13 Business Resource Center Program’’. 

14 PAYMENTS TO AIR CARRIERS

15 (AIRPORT AND AIRWAY TRUST FUND)

16 In addition to funds made available from any other 

17 source to carry out the essential air service program under 

18 sections 41731 through 41742 of title 49, United States 

19 Code, $368,727,000, to be derived from the Airport and 

20 Airway Trust Fund, to remain available until expended: 

21 Provided, That in determining between or among carriers 

22 competing to provide service to a community, the Sec23 retary may consider the relative subsidy requirements of 

24 the carriers: Provided further, That basic essential air 

25 service minimum requirements shall not include the 15- 


pbinns on DSKJLVW7X2PROD with $$_JOB
15 

•S 4670 IS

1 passenger capacity requirement under section 41732(b)(3) 

2 of title 49, United States Code: Provided further, That 

3 amounts authorized to be distributed for the essential air 

4 service program under section 41742(b) of title 49, United 

5 States Code, shall be made available immediately from 

6 amounts otherwise provided to the Administrator of the 

7 Federal Aviation Administration: Provided further, That 

8 the Administrator may reimburse such amounts from fees 

9 credited to the account established under section 45303 

10 of title 49, United States Code: Provided further, That, 

11 notwithstanding section 41733 of title 49, United States 

12 Code, for fiscal year 2023, the requirements established 

13 under subparagraphs (B) and (C) of section 41731(a)(1) 

14 of title 49, United States Code, and the subsidy cap estab15 lished by section 332 of the Department of Transportation 

16 and Related Agencies Appropriations Act, 2000, shall not 

17 apply to maintain eligibility under section 41731 of title 

18 49, United States Code. 

19 ELECTRIC VEHICLE FLEET

20 (INCLUDING TRANSFER OF FUNDS)

21 For necessary expenses to transition to the General 

22 Services Administration’s leased vehicle fleet, and for the 

23 purchase of electric passenger motor vehicles and nec24 essary supporting charging or fueling infrastructure, 

25 $16,000,000, to remain available until expended: ProVerDate Sep 11 2014 00:06 Jul 29, 2022 Jkt 029200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\S4670.IS S4670

pbinns on DSKJLVW7X2PROD with $$_JOB
16 

•S 4670 IS

1 vided, That such amounts made available under this head2 ing may be transferred to other accounts of the Depart3 ment of Transportation for the purposes of this heading. 

4 ADMINISTRATIVE PROVISIONS—OFFICE OF THE

5 SECRETARY OF TRANSPORTATION

6 (INCLUDING RESCISSION AND TRANSFER OF FUNDS)

7 SEC. 101. None of the funds made available by this 

8 Act to the Department of Transportation may be obligated 

9 for the Office of the Secretary of Transportation to ap10 prove assessments or reimbursable agreements pertaining 

11 to funds appropriated to the operating administrations in 

12 this Act, except for activities underway on the date of en13 actment of this Act, unless such assessments or agree14 ments have completed the normal reprogramming process 

15 for congressional notification. 

16 SEC. 102. The Secretary shall post on the web site 

17 of the Department of Transportation a schedule of all 

18 meetings of the Council on Credit and Finance, including 

19 the agenda for each meeting, and require the Council on 

20 Credit and Finance to record the decisions and actions 

21 of each meeting. 

22 SEC. 103. In addition to authority provided by section 

23 327 of title 49, United States Code, the Department’s 

24 Working Capital Fund is authorized to provide partial or 

25 full payments in advance and accept subsequent reimVerDate Sep 11 2014 00:06 Jul 29, 2022 Jkt 029200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\S4670.IS S4670

pbinns on DSKJLVW7X2PROD with $$_JOB
17 

•S 4670 IS

1 bursements from all Federal agencies from available funds 

2 for transit benefit distribution services that are necessary 

3 to carry out the Federal transit pass transportation fringe 

4 benefit program under Executive Order No. 13150 and 

5 section 3049 of SAFETEA–LU (5 U.S.C. 7905 note): 

6 Provided, That the Department shall maintain a reason7 able operating reserve in the Working Capital Fund, to 

8 be expended in advance to provide uninterrupted transit 

9 benefits to Government employees: Provided further, That 

10 such reserve shall not exceed 1 month of benefits payable 

11 and may be used only for the purpose of providing for 

12 the continuation of transit benefits: Provided further, That 

13 the Working Capital Fund shall be fully reimbursed by 

14 each customer agency from available funds for the actual 

15 cost of the transit benefit. 

16 SEC. 104. Receipts collected in the Department’s 

17 Working Capital Fund, as authorized by section 327 of 

18 title 49, United States Code, for unused transit and van 

19 pool benefits, in an amount not to exceed 10 percent of 

20 fiscal year 2023 collections, shall be available until ex21 pended in the Department’s Working Capital Fund to pro22 vide contractual services in support of section 189 of this 

23 Act: Provided, That obligations in fiscal year 2023 of such 

24 collections shall not exceed $1,000,000. 


pbinns on DSKJLVW7X2PROD with $$_JOB
18 

•S 4670 IS

1 SEC. 105. None of the funds in this title may be obli2 gated or expended for retention or senior executive bo3 nuses for an employee of the Department of Transpor4 tation without the prior written approval of the Assistant 

5 Secretary for Administration. 

6 SEC. 106. In addition to authority provided by section 

7 327 of title 49, United States Code, the Department’s Ad8 ministrative Working Capital Fund is hereby authorized 

9 to transfer information technology equipment, software, 

10 and systems from Departmental sources or other entities 

11 and collect and maintain a reserve at rates which will re12 turn full cost of transferred assets. 

13 SEC. 107. None of the funds provided in this Act to 

14 the Department of Transportation may be used to provide 

15 credit assistance unless not less than 3 days before any 

16 application approval to provide credit assistance under 

17 sections 603 and 604 of title 23, United States Code, the 

18 Secretary provides notification in writing to the following 

19 committees: the House and Senate Committees on Appro20 priations; the Committee on Environment and Public 

21 Works and the Committee on Banking, Housing and 

22 Urban Affairs of the Senate; and the Committee on Trans23 portation and Infrastructure of the House of Representa24 tives: Provided, That such notification shall include, but 

25 not be limited to, the name of the project sponsor; a deVerDate Sep 11 2014 00:06 Jul 29, 2022 Jkt 029200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\S4670.IS S4670

pbinns on DSKJLVW7X2PROD with $$_JOB
19 

•S 4670 IS

1 scription of the project; whether credit assistance will be 

2 provided as a direct loan, loan guarantee, or line of credit; 

3 and the amount of credit assistance. 

4 SEC. 108. For an additional amount for necessary ex5 penses of the Volpe National Transportation Systems Cen6 ter, as authorized in section 328 of title 49, United States 

7 Code, $4,500,000, to remain available until expended. 

8 SEC. 109. (a) The remaining unobligated balances, 

9 as of September 30, 2022, from amounts made available 

10 for the ‘‘Department of Transportation—Office of the 

11 Secretary—National Infrastructure Investments’’ in divi12 sion H of the Further Consolidated Appropriations Act, 

13 2020 (Public Law 116–94) are hereby permanently re14 scinded, and an amount of additional new budget author15 ity equivalent to the amount rescinded is hereby appro16 priated on September 30, 2022, to remain available until 

17 September 30, 2024, and shall be available, without addi18 tional competition, for completing the funding of awards 

19 made pursuant to the fiscal year 2020 national infrastruc20 ture investments program. 

21 (b) The remaining unobligated balances, as of Sep22 tember 30, 2022, from amounts made available in section 

23 105 of division L of the Consolidated Appropriations Act, 

24 2021 (Public Law 116–260) are hereby permanently re25 scinded, and an amount of additional new budget authorVerDate Sep 11 2014 00:06 Jul 29, 2022 Jkt 029200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\S4670.IS S4670

pbinns on DSKJLVW7X2PROD with $$_JOB
20 

•S 4670 IS

1 ity equivalent to the amount rescinded is hereby appro2 priated on September 30, 2022, to remain available until 

3 September 30, 2024, and shall be available, without addi4 tional competition, for completing the funding of awards 

5 made pursuant to the fiscal year 2019 national infrastruc6 ture investments program. 

7 (c) This section shall become effective immediately 

8 upon enactment of this Act. 

9 (d) If this Act is enacted after September 30, 2022, 

10 this section shall be applied as if it were in effect on Sep11 tember 30, 2022. 

12 SEC. 109A. (a) Amounts made available to the Sec13 retary of Transportation or the Department of Transpor14 tation’s operating administrations in this Act or in Public 

15 Law 117–103 for the costs of award, administration, or 

16 oversight of financial assistance under the programs iden17 tified in subsection (c) may be transferred to the account 

18 identified in section 801 of division J of Public Law 117– 

19 58, to remain available until expended, for the necessary 

20 expenses of award, administration, or oversight of any fi21 nancial assistance programs in the Department of Trans22 portation. 

23 (b) Amounts transferred under the authority in this 

24 section are available in addition to amounts otherwise 

25 available for such purpose. 


pbinns on DSKJLVW7X2PROD with $$_JOB
21 

•S 4670 IS

1 (c) The programs from which funds made available 

2 under this Act or in Public Law 117–103 may be trans3 ferred under subsection (a) are: 

4 (1) the local and regional project assistance 

5 program under section 6702 of title 49, United 

6 States Code; and 

7 (2) the Transportation Resilience and Adapta8 tion Centers of Excellence program under section 

9 520 of title 23, United States Code. 

10 FEDERAL AVIATION ADMINISTRATION

11 OPERATIONS

12 (AIRPORT AND AIRWAY TRUST FUND)

13 (INCLUDING TRANSFER OF FUNDS)

14 For necessary expenses of the Federal Aviation Ad15 ministration, not otherwise provided for, including oper16 ations and research activities related to commercial space 

17 transportation, administrative expenses for research and 

18 development, establishment of air navigation facilities, the 

19 operation (including leasing) and maintenance of aircraft, 

20 subsidizing the cost of aeronautical charts and maps sold 

21 to the public, the lease or purchase of passenger motor 

22 vehicles for replacement only, $11,900,821,000, to remain 

23 available until September 30, 2024, of which 

24 $9,933,821,000 to be derived from the Airport and Airway 


pbinns on DSKJLVW7X2PROD with $$_JOB
22 

•S 4670 IS

1 Trust Fund: Provided, That of the sums appropriated 

2 under this heading— 

3 (1) not less than $1,601,842,000 shall be avail4 able for aviation safety activities; 

5 (2) $8,787,490,000 shall be available for air 

6 traffic organization activities; 

7 (3) $35,854,000 shall be available for commer8 cial space transportation activities; 

9 (4) $915,049,000 shall be available for finance 

10 and management activities; 

11 (5) $158,118,000 shall be available for security 

12 and hazardous materials safety activities; 

13 (6) $58,135,000 shall be available for research 

14 and development activities; 

15 (7) $41,465,000 shall be available for integra16 tion and engagement activities; and 

17 (8) $302,868,000 shall be available for staff of18 fices: 

19 Provided further, That not to exceed 5 percent of any 

20 budget activity, except for aviation safety budget activity, 

21 may be transferred to any budget activity under this head22 ing: Provided further, That no transfer may increase or 

23 decrease any appropriation under this heading by more 

24 than 5 percent: Provided further, That any transfer in ex25 cess of 5 percent shall be treated as a reprogramming of 


pbinns on DSKJLVW7X2PROD with $$_JOB
23 

•S 4670 IS

1 funds under section 405 of this Act and shall not be avail2 able for obligation or expenditure except in compliance 

3 with the procedures set forth in that section: Provided fur4 ther, That not later than 60 days after the submission of 

5 the budget request, the Administrator of the Federal Avia6 tion Administration shall transmit to Congress an annual 

7 update to the report submitted to Congress in December 

8 2004 pursuant to section 221 of the Vision 100-Century 

9 of Aviation Reauthorization Act (49 U.S.C. 40101 note): 

10 Provided further, That the amounts made available under 

11 this heading shall be reduced by $100,000 for each day 

12 after 60 days after the submission of the budget request 

13 that such report has not been transmitted to Congress: 

14 Provided further, That not later than 60 days after the 

15 submission of the budget request, the Administrator shall 

16 transmit to Congress a companion report that describes 

17 a comprehensive strategy for staffing, hiring, and training 

18 flight standards and aircraft certification staff in a format 

19 similar to the one utilized for the controller staffing plan, 

20 including stated attrition estimates and numerical hiring 

21 goals by fiscal year: Provided further, That the amounts 

22 made available under this heading shall be reduced by 

23 $100,000 for each day after the date that is 60 days after 

24 the submission of the budget request that such report has 

25 not been submitted to Congress: Provided further, That 


pbinns on DSKJLVW7X2PROD with $$_JOB
24 

•S 4670 IS

1 funds may be used to enter into a grant agreement with 

2 a nonprofit standard-setting organization to assist in the 

3 development of aviation safety standards: Provided fur4 ther, That none of the funds made available by this Act 

5 shall be available for new applicants for the second career 

6 training program: Provided further, That none of the 

7 funds made available by this Act shall be available for the 

8 Federal Aviation Administration to finalize or implement 

9 any regulation that would promulgate new aviation user 

10 fees not specifically authorized by law after the date of 

11 the enactment of this Act: Provided further, That there 

12 may be credited to this appropriation, as offsetting collec13 tions, funds received from States, counties, municipalities, 

14 foreign authorities, other public authorities, and private 

15 sources for expenses incurred in the provision of agency 

16 services, including receipts for the maintenance and oper17 ation of air navigation facilities, and for issuance, renewal 

18 or modification of certificates, including airman, aircraft, 

19 and repair station certificates, or for tests related thereto, 

20 or for processing major repair or alteration forms: Pro21 vided further, That of the amounts made available under 

22 this heading, not less than $188,000,000 shall be used to 

23 fund direct operations of the current air traffic control 

24 towers in the contract tower program, including the con25 tract tower cost share program, and any airport that is 


pbinns on DSKJLVW7X2PROD with $$_JOB
25 

•S 4670 IS

1 currently qualified or that will qualify for the program 

2 during the fiscal year: Provided further, That none of the 

3 funds made available by this Act for aeronautical charting 

4 and cartography are available for activities conducted by, 

5 or coordinated through, the Working Capital Fund: Pro6 vided further, That none of the funds appropriated or oth7 erwise made available by this Act or any other Act may 

8 be used to eliminate the Contract Weather Observers pro9 gram at any airport. 

10 FACILITIES AND EQUIPMENT

11 (AIRPORT AND AIRWAY TRUST FUND)

12 (INCLUDING TRANSFER OF FUNDS)

13 For necessary expenses, not otherwise provided for, 

14 for acquisition, establishment, technical support services, 

15 improvement by contract or purchase, and hire of national 

16 airspace systems and experimental facilities and equip17 ment, as authorized under part A of subtitle VII of title 

18 49, United States Code, including initial acquisition of 

19 necessary sites by lease or grant; engineering and service 

20 testing, including construction of test facilities and acqui21 sition of necessary sites by lease or grant; construction 

22 and furnishing of quarters and related accommodations 

23 for officers and employees of the Federal Aviation Admin24 istration stationed at remote localities where such accom25 modations are not available; and the purchase, lease, or 


pbinns on DSKJLVW7X2PROD with $$_JOB
26 

•S 4670 IS

1 transfer of aircraft from funds made available under this 

2 heading, including aircraft for aviation regulation and cer3 tification; to be derived from the Airport and Airway Trust 

4 Fund, $3,060,000,000, of which $570,000,000 is for per5 sonnel and related expenses and shall remain available 

6 until September 30, 2024, $2,311,000,000 shall remain 

7 available until September 30, 2025, and $179,000,000 is 

8 for terminal facilities and shall remain available until Sep9 tember 30, 2027: Provided, That there may be credited 

10 to this appropriation funds received from States, counties, 

11 municipalities, other public authorities, and private 

12 sources, for expenses incurred in the establishment, im13 provement, and modernization of national airspace sys14 tems: Provided further, That not later than 60 days after 

15 submission of the budget request, the Secretary of Trans16 portation shall transmit to the Congress an investment 

17 plan for the Federal Aviation Administration which in18 cludes funding for each budget line item for fiscal years 

19 2024 through 2028, with total funding for each year of 

20 the plan constrained to the funding targets for those years 

21 as estimated and approved by the Office of Management 

22 and Budget: Provided further, That section 405 of this Act 

23 shall apply to amounts made available under this heading 

24 in title VIII of the Infrastructure Investments and Jobs 

25 Appropriations Act (division J of Public Law 117–58): 


pbinns on DSKJLVW7X2PROD with $$_JOB
27 

•S 4670 IS

1 Provided further, That the amounts in the table entitled 

2 ‘‘Allocation of Funds for FAA Facilities and Equipment 

3 from the Infrastructure Investment and Jobs Act—Fiscal 

4 Year 2023’’ in the explanatory statement accompanying 

5 this Act shall be the baseline for application of reprogram6 ming and transfer authorities for the current fiscal year 

7 pursuant to paragraph (7) of such section 405 for 

8 amounts referred to in the preceding proviso: Provided fur9 ther, That, notwithstanding paragraphs (5) and (6) of 

10 such section 405, unless prior approval is received from 

11 the House and Senate Committees on Appropriations, not 

12 to exceed 10 percent of any funding level specified for 

13 projects and activities in the table referred to in the pre14 ceding proviso may be transferred to any other funding 

15 level specified for projects and activities in such table and 

16 no transfer of such funding levels may increase or decrease 

17 any funding level in such table by more than 10 percent: 

18 Provided further, That of the amounts made available 

19 under this heading for terminal facilities, $45,000,000 

20 shall be made available for the purposes, and in amounts, 

21 specified for Congressionally Directed Spending in the 

22 table entitled ‘‘Congressionally Directed Spending’’ in23 cluded in the explanatory statement accompanying this 

24 Act. 


pbinns on DSKJLVW7X2PROD with $$_JOB
28 

•S 4670 IS

1 RESEARCH, ENGINEERING, AND DEVELOPMENT

2 (AIRPORT AND AIRWAY TRUST FUND)

3 (INCLUDING TRANSFER OF FUNDS)

4 For necessary expenses, not otherwise provided for, 

5 for research, engineering, and development, as authorized 

6 under part A of subtitle VII of title 49, United States 

7 Code, including construction of experimental facilities and 

8 acquisition of necessary sites by lease or grant, 

9 $266,100,000, to be derived from the Airport and Airway 

10 Trust Fund and to remain available until September 30, 

11 2025: Provided, That there may be credited to this appro12 priation as offsetting collections, funds received from 

13 States, counties, municipalities, other public authorities, 

14 and private sources, which shall be available for expenses 

15 incurred for research, engineering, and development: Pro16 vided further, That amounts made available under this 

17 heading shall be used in accordance with the explanatory 

18 statement accompanying this Act: Provided further, That 

19 not to exceed 10 percent of any funding level specified 

20 under this heading in the explanatory statement accom21 panying this Act may be transferred to any other funding 

22 level specified under this heading in the explanatory state23 ment accompanying this Act: Provided further, That no 

24 transfer may increase or decrease any funding level by 

25 more than 10 percent: Provided further, That any transfer 


pbinns on DSKJLVW7X2PROD with $$_JOB
29 

•S 4670 IS

1 in excess of 10 percent shall be treated as a reprogram2 ming of funds under section 405 of this Act and shall not 

3 be available for obligation or expenditure except in compli4 ance with the procedures set forth in that section. 

5 GRANTS-IN-AID FOR AIRPORTS

6 (LIQUIDATION OF CONTRACT AUTHORIZATION)

7 (LIMITATION ON OBLIGATIONS)

8 (AIRPORT AND AIRWAY TRUST FUND)

9 (INCLUDING TRANSFER OF FUNDS)

10 For liquidation of obligations incurred for grants-in11 aid for airport planning and development, and noise com12 patibility planning and programs as authorized under sub13 chapter I of chapter 471 and subchapter I of chapter 475 

14 of title 49, United States Code, and under other law au15 thorizing such obligations; for procurement, installation, 

16 and commissioning of runway incursion prevention devices 

17 and systems at airports of such title; for grants authorized 

18 under section 41743 of title 49, United States Code; and 

19 for inspection activities and administration of airport safe20 ty programs, including those related to airport operating 

21 certificates under section 44706 of title 49, United States 

22 Code, $3,350,000,000, to be derived from the Airport and 

23 Airway Trust Fund and to remain available until ex24 pended: Provided, That none of the amounts made avail25 able under this heading shall be available for the planning 


pbinns on DSKJLVW7X2PROD with $$_JOB
30 

•S 4670 IS

1 or execution of programs the obligations for which are in 

2 excess of $3,350,000,000, in fiscal year 2023, notwith3 standing section 47117(g) of title 49, United States Code: 

4 Provided further, That none of the amounts made available 

5 under this heading shall be available for the replacement 

6 of baggage conveyor systems, reconfiguration of terminal 

7 baggage areas, or other airport improvements that are 

8 necessary to install bulk explosive detection systems: Pro9 vided further, That notwithstanding section 47109(a) of 

10 title 49, United States Code, the Government’s share of 

11 allowable project costs under paragraph (2) of such sec12 tion for subgrants or paragraph (3) of such section shall 

13 be 95 percent for a project at other than a large or me14 dium hub airport that is a successive phase of a multi15 phased construction project for which the project sponsor 

16 received a grant in fiscal year 2011 for the construction 

17 project: Provided further, That notwithstanding any other 

18 provision of law, of amounts limited under this heading, 

19 not more than $137,372,000 shall be available for admin20 istration, not less than $15,000,000 shall be available for 

21 the Airport Cooperative Research Program, not less than 

22 $40,828,000 shall be available for Airport Technology Re23 search, and $10,000,000, to remain available until ex24 pended, shall be available and transferred to ‘‘Office of 

25 the Secretary, Salaries and Expenses’’ to carry out the 


pbinns on DSKJLVW7X2PROD with $$_JOB
31 

•S 4670 IS

1 Small Community Air Service Development Program: Pro2 vided further, That in addition to airports eligible under 

3 section 41743 of title 49, United States Code, such pro4 gram may include the participation of an airport that 

5 serves a community or consortium that is not larger than 

6 a small hub airport, according to FAA hub classifications 

7 effective at the time the Office of the Secretary issues a 

8 request for proposals. 

9 GRANTS-IN-AID FOR AIRPORTS

10 For an additional amount for ‘‘Grants-In-Aid for Air11 ports’’, to enable the Secretary of Transportation to make 

12 grants for projects as authorized by subchapter 1 of chap13 ter 471 and subchapter 1 of chapter 475 of title 49, 

14 United States Code, $516,951,000, to remain available 

15 through September 30, 2025: Provided, That amounts 

16 made available under this heading shall be derived from 

17 the general fund, and such funds shall not be subject to 

18 apportionment formulas, special apportionment categories, 

19 or minimum percentages under chapter 471 of title 49, 

20 United States Code: Provided further, That of the sums 

21 appropriated under this heading— 

22 (1) $116,951,000 shall be made available for 

23 the purposes, and in amounts, specified for Congres24 sionally Directed Spending in the table entitled 


pbinns on DSKJLVW7X2PROD with $$_JOB
32 

•S 4670 IS

1 ‘‘Congressionally Directed Spending’’ included in the 

2 explanatory statement accompanying this Act; and 

3 (2) up to $400,000,000 shall be made available 

4 to the Secretary to distribute as discretionary grants 

5 to airports, of which not less than $25,000,000 shall 

6 be made available to any commercial service airport, 

7 notwithstanding the requirement for the airport to 

8 be located in an air quality nonattainment or main9 tenance area in section 47102(3)(K) and 

10 47102(3)(L) of title 49, United States Code, for 

11 work necessary to construct or modify airport facili12 ties to provide low-emission fuel systems, gate elec13 trification, other related air quality improvements, 

14 acquisition of airport-owned vehicles or ground sup15 port equipment with low-emission technology: 

16 Provided further, That the Secretary may make discre17 tionary grants to primary airports for airport-owned infra18 structure required for the on-airport distribution, blend19 ing, or storage of sustainable aviation fuels that achieve 

20 at least a 50 percent reduction in lifecycle greenhouse gas 

21 emissions, using a methodology determined by the Sec22 retary, including, but not limited to, on-airport construc23 tion or expansion of pipelines, rail lines and spurs, loading 

24 and off-loading facilities, blending facilities, and storage 

25 tanks: Provided further, That the Secretary may make disVerDate Sep 11 2014 00:06 Jul 29, 2022 Jkt 029200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 E:\BILLS\S4670.IS S4670

pbinns on DSKJLVW7X2PROD with $$_JOB
33 

•S 4670 IS

1 cretionary grants for airport development improvements of 

2 runways, taxiways, and aprons necessary to sustain com3 mercial service flight operations at a nonhub, small hub, 

4 medium hub, or large hub airport to increase resilience 

5 for the purpose of resuming flight operations under visual 

6 flight rules following an earthquake, flooding, high water, 

7 hurricane, storm surge, tidal wave, tornado, tsunami, wind 

8 driven water, or winter storms: Provided further, That the 

9 amounts made available under this heading shall not be 

10 subject to any limitation on obligations for the Grants11 in-Aid for Airports program set forth in any Act: Provided 

12 further, That the Administrator of the Federal Aviation 

13 Administration may retain up to 0.5 percent of the 

14 amounts made available under this heading to fund the 

15 award and oversight by the Administrator of grants made 

16 under this heading. 

17 ADMINISTRATIVE PROVISIONS—FEDERAL AVIATION

18 ADMINISTRATION

19 SEC. 110. None of the funds made available by this 

20 Act may be used to compensate in excess of 600 technical 

21 staff-years under the federally funded research and devel22 opment center contract between the Federal Aviation Ad23 ministration and the Center for Advanced Aviation Sys24 tems Development during fiscal year 2023. 


pbinns on DSKJLVW7X2PROD with $$_JOB
34 

•S 4670 IS

1 SEC. 111. None of the funds made available by this 

2 Act shall be used to pursue or adopt guidelines or regula3 tions requiring airport sponsors to provide to the Federal 

4 Aviation Administration without cost building construc5 tion, maintenance, utilities and expenses, or space in air6 port sponsor-owned buildings for services relating to air 

7 traffic control, air navigation, or weather reporting: Pro8 vided, That the prohibition on the use of funds in this 

9 section does not apply to negotiations between the agency 

10 and airport sponsors to achieve agreement on ‘‘below-mar11 ket’’ rates for these items or to grant assurances that re12 quire airport sponsors to provide land without cost to the 

13 Federal Aviation Administration for air traffic control fa14 cilities. 

15 SEC. 112. The Administrator of the Federal Aviation 

16 Administration may reimburse amounts made available to 

17 satisfy section 41742(a)(1) of title 49, United States 

18 Code, from fees credited under section 45303 of title 49, 

19 United States Code, and any amount remaining in such 

20 account at the close of any fiscal year may be made avail21 able to satisfy section 41742(a)(1) of title 49, United 

22 States Code, for the subsequent fiscal year. 

23 SEC. 113. Amounts collected under section 40113(e) 

24 of title 49, United States Code, shall be credited to the 

25 appropriation current at the time of collection, to be 


pbinns on DSKJLVW7X2PROD with $$_JOB
35 

•S 4670 IS

1 merged with and available for the same purposes as such 

2 appropriation. 

3 SEC. 114. None of the funds made available by this 

4 Act shall be available for paying premium pay under sec5 tion 5546(a) of title 5, United States Code, to any Federal 

6 Aviation Administration employee unless such employee 

7 actually performed work during the time corresponding to 

8 such premium pay. 

9 SEC. 115. None of the funds made available by this 

10 Act may be obligated or expended for an employee of the 

11 Federal Aviation Administration to purchase a store gift 

12 card or gift certificate through use of a Government-issued 

13 credit card. 

14 SEC. 116. Notwithstanding any other provision of 

15 law, none of the funds made available under this Act or 

16 any prior Act may be used to implement or to continue 

17 to implement any limitation on the ability of any owner 

18 or operator of a private aircraft to obtain, upon a request 

19 to the Administrator of the Federal Aviation Administra20 tion, a blocking of that owner’s or operator’s aircraft reg21 istration number, Mode S transponder code, flight identi22 fication, call sign, or similar identifying information from 

23 any ground based display to the public that would allow 

24 the real-time or near real-time flight tracking of that air25 craft’s movements, except data made available to a GovVerDate Sep 11 2014 00:06 Jul 29, 2022 Jkt 029200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6201 E:\BILLS\S4670.IS S4670

pbinns on DSKJLVW7X2PROD with $$_JOB
36 

•S 4670 IS

1 ernment agency, for the noncommercial flights of that 

2 owner or operator. 

3 SEC. 117. None of the funds made available by this 

4 Act shall be available for salaries and expenses of more 

5 than nine political and Presidential appointees in the Fed6 eral Aviation Administration. 

7 SEC. 118. None of the funds made available by this 

8 Act may be used to increase fees pursuant to section 

9 44721 of title 49, United States Code, until the Federal 

10 Aviation Administration provides to the House and Senate 

11 Committees on Appropriations a report that justifies all 

12 fees related to aeronautical navigation products and ex13 plains how such fees are consistent with Executive Order 

14 No. 13642. 

15 SEC. 119. None of the funds made available by this 

16 Act may be used to close a regional operations center of 

17 the Federal Aviation Administration or reduce its services 

18 unless the Administrator notifies the House and Senate 

19 Committees on Appropriations not less than 90 full busi20 ness days in advance. 

21 SEC. 119A. None of the funds made available by or 

22 limited by this Act may be used to change weight restric23 tions or prior permission rules at Teterboro airport in 

24 Teterboro, New Jersey. 


pbinns on DSKJLVW7X2PROD with $$_JOB
37 

•S 4670 IS

1 SEC. 119B. None of the funds made available by this 

2 Act may be used by the Administrator of the Federal Avia3 tion Administration to withhold from consideration and 

4 approval any new application for participation in the Con5 tract Tower Program, or for reevaluation of Cost-share 

6 Program participants so long as the Federal Aviation Ad7 ministration has received an application from the airport, 

8 and so long as the Administrator determines such tower 

9 is eligible using the factors set forth in Federal Aviation 

10 Administration published establishment criteria. 

11 SEC. 119C. None of the funds made available by this 

12 Act may be used to open, close, redesignate as a lesser 

13 office, or reorganize a regional office, the aeronautical cen14 ter, or the technical center unless the Administrator sub15 mits a request for the reprogramming of funds under sec16 tion 405 of this Act. 

17 SEC. 119D. The Federal Aviation Administration Ad18 ministrative Services Franchise Fund may be reimbursed 

19 after performance or paid in advance from funds available 

20 to the Federal Aviation Administration and other Federal 

21 agencies for which the Fund performs services. 

22 SEC. 119E. None of the funds appropriated or other23 wise made available to the FAA may be used to carry out 

24 the FAA’s obligations under section 44502(e) of title 49, 

25 United States Code, unless the eligible air traffic system 


pbinns on DSKJLVW7X2PROD with $$_JOB
38 

•S 4670 IS

1 or equipment to be transferred to the FAA under section 

2 44502(e) of title 49, United States Code, was purchased 

3 by the transferor airport— 

4 (1) during the period of time beginning on Oc5 tober 5, 2018 and ending on December 31, 2021; or 

6 (2) on or after January 1, 2022 for transferor 

7 airports located in a noncontiguous States. 

8 FEDERAL HIGHWAY ADMINISTRATION

9 LIMITATION ON ADMINISTRATIVE EXPENSES

10 (HIGHWAY TRUST FUND)

11 (INCLUDING TRANSFER OF FUNDS)

12 Not to exceed $473,535,991 together with advances 

13 and reimbursements received by the Federal Highway Ad14 ministration, shall be obligated for necessary expenses for 

15 administration and operation of the Federal Highway Ad16 ministration: Provided, That in addition, $3,248,000 shall 

17 be transferred to the Appalachian Regional Commission 

18 in accordance with section 104(a) of title 23, United 

19 States Code. 

20 FEDERAL-AID HIGHWAYS

21 (LIMITATION ON OBLIGATIONS)

22 (HIGHWAY TRUST FUND)

23 Funds available for the implementation or execution 

24 of authorized Federal-aid highway and highway safety 

25 construction programs shall not exceed total obligations 


pbinns on DSKJLVW7X2PROD with $$_JOB
39 

•S 4670 IS

1 of $58,764,510,674 for fiscal year 2023: Provided, That 

2 the limitation on obligations under this heading shall only 

3 apply to contract authority authorized from the Highway 

4 Trust Fund (other than the Mass Transit Account), un5 less otherwise specified in law. 

6 (LIQUIDATION OF CONTRACT AUTHORIZATION)

7 (HIGHWAY TRUST FUND)

8 For the payment of obligations incurred in carrying 

9 out authorized Federal-aid highway and highway safety 

10 construction programs, $59,503,510,674 shall be derived 

11 from the Highway Trust Fund (other than the Mass Tran12 sit Account), to remain available until expended. 

13 HIGHWAY INFRASTRUCTURE PROGRAMS

14 (INCLUDING TRANSFER OF FUNDS)

15 There is hereby appropriated to the Secretary 

16 $3,159,652,000: Provided, That the funds made available 

17 under this heading shall be derived from the general fund, 

18 shall be in addition to any funds provided for fiscal year 

19 2023 in this or any other Act for: (1) ‘‘Federal-aid High20 ways’’ under chapter 1 of title 23, United States Code; 

21 (2) the Appalachian Development Highway System as au22 thorized under section 1069(y) of Public Law 102–240; 

23 (3) the nationally significant Federal lands and Tribal 

24 projects program under section 1123 of the FAST Act, 

25 as amended (23 U.S.C. 201 note); (4) the Tribal high priVerDate Sep 11 2014 00:06 Jul 29, 2022 Jkt 029200 PO 00000 Frm 00039 Fmt 6652 Sfmt 6201 E:\BILLS\S4670.IS S4670

pbinns on DSKJLVW7X2PROD with $$_JOB
40 

•S 4670 IS

1 ority projects program under section 1123 of MAP–21 (as 

2 amended by Public Law 117–58); (5) the Northern Bor3 der Regional Commission (40 U.S.C. 15101 et seq.); or 

4 (6) the Denali Commission, and shall not affect the dis5 tribution or amount of funds provided in any other Act: 

6 Provided further, That, except for funds made available 

7 under this heading for the Northern Border Regional 

8 Commission and the Denali Commission, section 11101(e) 

9 of Public Law 117–58 shall apply to funds made available 

10 under this heading: Provided further, That unless other11 wise specified, amounts made available under this heading 

12 shall be available until September 30, 2026, and shall not 

13 be subject to any limitation on obligations for Federal-aid 

14 highways or highway safety construction programs set 

15 forth in any Act making annual appropriations: Provided 

16 further, That of the sums appropriated under this head17 ing— 

18 (1) $628,652,000 shall be for the purposes, and 

19 in the amounts, specified for Congressionally Di20 rected Spending in the table entitled ‘‘Congression21 ally Directed Spending’’ included in the explanatory 

22 statement accompanying this Act: Provided, That, 

23 except as otherwise provided under this heading, the 

24 funds made available under this paragraph shall be 

25 administered as if apportioned under chapter 1 of 


pbinns on DSKJLVW7X2PROD with $$_JOB
41 

•S 4670 IS

1 title 23, United States Code: Provided further, That 

2 funds made available under this paragraph that are 

3 used for Tribal projects shall be administered as if 

4 allocated under chapter 2 of title 23, United States 

5 Code, except that the set-asides described in sub6 paragraph (C) of section 202(b)(3) of title 23, 

7 United States Code, and subsections (a)(6), (c), and 

8 (e) of section 202 of such title, and section 

9 1123(h)(1) of MAP–21 (as amended by Public Law 

10 117–58), shall not apply to such funds; 

11 (2) $100,000,000 shall be for necessary ex12 penses for construction of the Appalachian Develop13 ment Highway System, as authorized under section 

14 1069(y) of Public Law 102–240: Provided, That for 

15 the purposes of funds made available under this 

16 paragraph, the term ‘‘Appalachian State’’ means a 

17 State that contains 1 or more counties (including 

18 any political subdivision located within the area) in 

19 the Appalachian region as defined in section 

20 14102(a) of title 40, United States Code: Provided 

21 further, That funds made available under this head22 ing for construction of the Appalachian Development 

23 Highway System shall remain available until ex24 pended: Provided further, That, except as provided in 

25 the following proviso, funds made available under 


pbinns on DSKJLVW7X2PROD with $$_JOB
42 

•S 4670 IS

1 this heading for construction of the Appalachian De2 velopment Highway System shall be administered as 

3 if apportioned under chapter 1 of title 23, United 

4 States Code: Provided further, That a project carried 

5 out with funds made available under this heading for 

6 construction of the Appalachian Development High7 way System shall be carried out in the same manner 

8 as a project under section 14501 of title 40, United 

9 States Code: Provided further, That subject to the 

10 following proviso, funds made available under this 

11 heading for construction of the Appalachian Devel12 opment Highway System shall be apportioned to Ap13 palachian States according to the percentages de14 rived from the 2012 Appalachian Development 

15 Highway System Cost-to-Complete Estimate, adopt16 ed in Appalachian Regional Commission Resolution 

17 Number 736, and confirmed as each Appalachian 

18 State’s relative share of the estimated remaining 

19 need to complete the Appalachian Development 

20 Highway System, adjusted to exclude those corridors 

21 that such States have no current plans to complete, 

22 as reported in the 2013 Appalachian Development 

23 Highway System Completion Report, unless those 

24 States have modified and assigned a higher priority 

25 for completion of an Appalachian Development 


pbinns on DSKJLVW7X2PROD with $$_JOB
43 

•S 4670 IS

1 Highway System corridor, as reported in the 2020 

2 Appalachian Development Highway System Future 

3 Outlook: Provided further, That the Secretary shall 

4 adjust apportionments made under the preceding 

5 proviso so that no Appalachian State shall be appor6 tioned an amount in excess of 30 percent of the 

7 amount made available for construction of the Appa8 lachian Development Highway System under this 

9 heading: Provided further, That the Secretary shall 

10 consult with the Appalachian Regional Commission 

11 in making adjustments under the preceding two pro12 visos: Provided further, That the Federal share of 

13 the costs for which an expenditure is made for con14 struction of the Appalachian Development Highway 

15 System under this heading shall be up to 100 per16 cent; 

17 (3) $51,000,000 shall be for the nationally sig18 nificant Federal lands and Tribal projects program 

19 under section 1123 of the FAST Act, as amended 

20 (23 U.S.C. 201 note); 

21 (4) $25,000,000 shall be to carry out the Tribal 

22 high priority projects program under section 1123 of 

23 MAP–21 (as amended by Public Law 117–58); 

24 (5) $1,382,000,000 shall be for a bridge re25 placement and rehabilitation program: Provided, 


pbinns on DSKJLVW7X2PROD with $$_JOB
44 

•S 4670 IS

1 That, for the purposes of funds made available 

2 under this paragraph, the term ‘‘State’’ means any 

3 of the 50 States or the District of Columbia and the 

4 term ‘‘qualifying State’’ means any State in which 

5 the percentage of total deck area of bridges classi6 fied as in poor condition in such State is at least 5 

7 percent or in which the percentage of total bridges 

8 classified as in poor condition in such State is at 

9 least 5 percent: Provided further, That, of the funds 

10 made available under this paragraph, the Secretary 

11 shall reserve $6,000,000 for each State that does 

12 not meet the definition of a qualifying State: Pro13 vided further, That, after making the reservations 

14 under the preceding proviso, the Secretary shall dis15 tribute the remaining funds made available under 

16 this paragraph to each qualifying State by the pro17 portion that the percentage of total deck area of 

18 bridges classified as in poor condition in such quali19 fying State bears to the sum of the percentages of 

20 total deck area of bridges classified as in poor condi21 tion in all qualifying States: Provided further, That, 

22 of the funds made available under this paragraph— 

23 (A) no qualifying State shall receive more 

24 than $60,000,000; 


pbinns on DSKJLVW7X2PROD with $$_JOB
45 

•S 4670 IS

1 (B) each State shall receive an amount not 

2 less than $6,000,000; and 

3 (C) after calculating the distribution of 

4 funds pursuant to the preceding proviso, any 

5 amount in excess of $60,000,000 shall be redis6 tributed equally among each State that does not 

7 meet the definition of a qualifying State: 

8 Provided further, That the funds made available 

9 under this paragraph shall be used for highway 

10 bridge replacement or rehabilitation projects on pub11 lic roads: Provided further, That for purposes of this 

12 paragraph, the Secretary shall calculate the percent13 ages of total deck area of bridges (including the per14 centages of total deck area classified as in poor con15 dition) and the percentages of total bridge counts 

16 (including the percentages of total bridges classified 

17 as in poor condition) based on the National Bridge 

18 Inventory as of December 31, 2018: Provided fur19 ther, That, except as otherwise provided under this 

20 heading, the funds made available under this para21 graph shall be administered as if apportioned under 

22 chapter 1 of title 23, United States Code; 

23 (6) $16,000,000 shall be for the national scenic 

24 byways program under section 162 of title 23, 

25 United States Code: Provided, That, except as otherVerDate Sep 11 2014 00:06 Jul 29, 2022 Jkt 029200 PO 00000 Frm 00045 Fmt 6652 Sfmt 6201 E:\BILLS\S4670.IS S4670

pbinns on DSKJLVW7X2PROD with $$_JOB
46 

•S 4670 IS

1 wise provided under this heading, the funds made 

2 available under this paragraph shall be administered 

3 as if apportioned under chapter 1 of title 23, United 

4 States Code; 

5 (7) $10,000,000 shall be transferred to the 

6 Northern Border Regional Commission (40 U.S.C. 

7 15101 et seq.) to make grants, in addition to 

8 amounts otherwise made available to the Northern 

9 Border Regional Commission for such purpose, to 

10 carry out pilot projects that demonstrate the capa11 bilities of wood-based infrastructure projects: Pro12 vided, That a grant made with funds made available 

13 under this paragraph shall be administered in the 

14 same manner as a grant made under subtitle V of 

15 title 40, United States Code; 

16 (8) $250,000,000 shall be for competitive 

17 awards for activities eligible under section 176(d)(4) 

18 of title 23, United States Code, of which 

19 $200,000,000 shall be for such activities eligible 

20 under subparagraph (A) of such section, and of 

21 which $50,000,000 shall be for such activities eligi22 ble under subparagraph (C) of such section: Pro23 vided, That, except as otherwise provided under this 

24 heading, the funds made available under this para25 graph shall be administered as if apportioned under 


pbinns on DSKJLVW7X2PROD with $$_JOB
47 

•S 4670 IS

1 chapter 1 of title 23, United States Code: Provided 

2 further, That, except as otherwise provided under 

3 this heading, funds made available under this para4 graph shall be administered as if made available to 

5 carry out section 176(d) of such title: Provided fur6 ther, That, for purposes of the calculation under sec7 tion 176(d)(5)(G)(ii) of such title, amounts made 

8 available under this paragraph shall be included in 

9 the calculation of the total amount provided for fis10 cal year 2023 under section 176(d) of such title: 

11 Provided further, That for purposes of applying the 

12 set-asides under section 176(d)(5)(H)(ii) and (iii) of 

13 such title, amounts made available under this para14 graph for competitive awards for activities eligible 

15 under sections 176(d)(4)(A) and 176(d)(4)(C) of 

16 such title shall be included in the calculation of the 

17 amounts made available to carry out section 176(d) 

18 of such title for fiscal year 2023: Provided further, 

19 That, the Secretary may retain not more than a 

20 total of 5 percent of the amounts made available 

21 under this paragraph to carry out this paragraph 

22 and to review applications for grants under this 

23 paragraph, and may transfer portions of the funds 

24 retained under this proviso to the relevant Adminis25 trators to fund the award and oversight of grants 


pbinns on DSKJLVW7X2PROD with $$_JOB
48 

•S 4670 IS

1 provided under this paragraph: Provided further, 

2 That a project assisted with funds made available 

3 under this paragraph shall be treated as a project on 

4 a Federal-aid highway; 

5 (9) $25,000,000 shall be for the active trans6 portation infrastructure investment program under 

7 section 11529 of the Infrastructure Investment and 

8 Jobs Act (23 U.S.C. 217 note): Provided, That ex9 cept as otherwise provided under such section or this 

10 heading, the funds made available under this para11 graph shall be administered as if apportioned under 

12 chapter 1 of title 23, United States Code: Provided 

13 further, That funds made available under this para14 graph shall remain available until expended; 

15 (10) $3,000,000 shall be to carry out the Polli16 nator-Friendly Practices on Roadsides and Highway 

17 Rights-of-Way Program under section 332 of title 

18 23, United States Code; 

19 (11) $5,000,000 shall be transferred to the 

20 Denali Commission for activities eligible under sec21 tion 307(e) of the Denali Commission Act of 1998 

22 (42 U.S.C. 3121 note; Public Law 105–277): Pro23 vided, That funds made available under this para24 graph shall not be subject to section 311 of such 

25 Act: Provided further, That except as otherwise proVerDate Sep 11 2014 00:06 Jul 29, 2022 Jkt 029200 PO 00000 Frm 00048 Fmt 6652 Sfmt 6201 E:\BILLS\S4670.IS S4670

pbinns on DSKJLVW7X2PROD with $$_JOB
49 

•S 4670 IS

1 vided under section 307(e) of such Act or this head2 ing, funds made available under this paragraph shall 

3 be administered as if directly appropriated to the 

4 Denali Commission and subject to applicable provi5 sions of such Act, including the requirement in sec6 tion 307(e) of such Act that the local community 

7 provides a 10 percent non-Federal match in the 

8 form of any necessary land or planning and design 

9 funds: Provided further, That such funds shall be 

10 available until expended: Provided further, That the 

11 Federal share of the costs for which an expenditure 

12 is made with funds transferred under this paragraph 

13 shall be up to 90 percent; 

14 (12) $20,000,000 shall be transferred to the 

15 Denali Commission to carry out the Denali Access 

16 System Program under section 309 of the Denali 

17 Commission Act of 1998 (42 U.S.C. 3121 note; 

18 Public Law 105–277): Provided, That a transfer 

19 under this paragraph shall not be subject to section 

20 311 of such Act: Provided further, That except as 

21 otherwise provided under this heading, funds made 

22 available under this paragraph shall be administered 

23 as if directly appropriated to the Denali Commission 

24 and subject to applicable provisions of such Act: 

25 Provided further, That funds made available under 


pbinns on DSKJLVW7X2PROD with $$_JOB
50 

•S 4670 IS

1 this paragraph shall not be subject to section 

2 309(j)(2) of such Act: Provided further, That funds 

3 made available under this paragraph shall be avail4 able until expended: Provided further, That the Fed5 eral share of the costs for which an expenditure is 

6 made with funds transferred under this paragraph 

7 shall be up to 100 percent; 

8 (13) $640,680,000 shall be for activities eligible 

9 under section 133(b) of title 23, United States Code, 

10 and to provide necessary charging infrastructure 

11 along corridor-ready or corridor-pending alternative 

12 fuel corridors designated pursuant to section 151 of 

13 title 23, United States Code: Provided, That for the 

14 purposes of funds made available under this para15 graph, the term ‘‘State’’ means any of the 50 States 

16 or the District of Columbia: Provided further, That 

17 the funds made available under this paragraph shall 

18 be suballocated in the manner described in section 

19 133(d) of title 23, United States Code, except that 

20 the set-aside described in section 133(h) of such title 

21 shall not apply to funds made available under this 

22 paragraph: Provided further, That, except as other23 wise provided under this heading, the funds made 

24 available under this paragraph shall be administered 

25 as if apportioned under chapter 1 of such title: ProVerDate Sep 11 2014 00:06 Jul 29, 2022 Jkt 029200 PO 00000 Frm 00050 Fmt 6652 Sfmt 6201 E:\BILLS\S4670.IS S4670

pbinns on DSKJLVW7X2PROD with $$_JOB
51 

•S 4670 IS

1 vided further, That, the funds made available under 

2 this paragraph shall be apportioned to the States in 

3 the same ratio as the obligation limitation for fiscal 

4 year 2023 is distributed among the States in section 

5 120(a)(5) of this Act; 

6 (14) $2,670,000 shall be for activities eligible 

7 under the Puerto Rico Highway Program as de8 scribed in section 165(b)(2)(C) of title 23, United 

9 States Code: Provided, That, except as provided in 

10 the following proviso, the funds made available 

11 under this paragraph shall be administered as if al12 located under section 165(b) of title 23, United 

13 States Code: Provided further, That the funds made 

14 available under this paragraph shall not be subject 

15 to the requirements of sections 165(b)(2)(A) or 

16 165(b)(2)(B) of such title; and 

17 (15) $650,000 shall be for activities eligible 

18 under the Territorial Highway Program, as de19 scribed in section 165(c)(6) of title 23, United 

20 States Code: Provided, That the funds made avail21 able under this paragraph shall be administered as 

22 if allocated under section 165(c) of title 23, United 

23 States Code. 


pbinns on DSKJLVW7X2PROD with $$_JOB
52 

•S 4670 IS

1 ADMINISTRATIVE PROVISIONS—FEDERAL HIGHWAY

2 ADMINISTRATION

3 SEC. 120. (a) For fiscal year 2023, the Secretary of 

4 Transportation shall— 

5 (1) not distribute from the obligation limitation 

6 for Federal-aid highways— 

7 (A) amounts authorized for administrative 

8 expenses and programs by section 104(a) of 

9 title 23, United States Code; and 

10 (B) amounts authorized for the Bureau of 

11 Transportation Statistics; 

12 (2) not distribute an amount from the obliga13 tion limitation for Federal-aid highways that is equal 

14 to the unobligated balance of amounts— 

15 (A) made available from the Highway 

16 Trust Fund (other than the Mass Transit Ac17 count) for Federal-aid highway and highway 

18 safety construction programs for previous fiscal 

19 years the funds for which are allocated by the 

20 Secretary (or apportioned by the Secretary 

21 under sections 202 or 204 of title 23, United 

22 States Code); and 

23 (B) for which obligation limitation was 

24 provided in a previous fiscal year; 

25 (3) determine the proportion that— 


pbinns on DSKJLVW7X2PROD with $$_JOB
53 

•S 4670 IS

1 (A) the obligation limitation for Federal2 aid highways, less the aggregate of amounts not 

3 distributed under paragraphs (1) and (2) of 

4 this subsection; bears to 

5 (B) the total of the sums authorized to be 

6 appropriated for the Federal-aid highway and 

7 highway safety construction programs (other 

8 than sums authorized to be appropriated for 

9 provisions of law described in paragraphs (1) 

10 through (11) of subsection (b) and sums au11 thorized to be appropriated for section 119 of 

12 title 23, United States Code, equal to the 

13 amount referred to in subsection (b)(12) for 

14 such fiscal year), less the aggregate of the 

15 amounts not distributed under paragraphs (1) 

16 and (2) of this subsection; 

17 (4) distribute the obligation limitation for Fed18 eral-aid highways, less the aggregate amounts not 

19 distributed under paragraphs (1) and (2), for each 

20 of the programs (other than programs to which 

21 paragraph (1) applies) that are allocated by the Sec22 retary under authorized Federal-aid highway and 

23 highway safety construction programs, or appor24 tioned by the Secretary under section 202 or 204 of 

25 title 23, United States Code, by multiplying— 


pbinns on DSKJLVW7X2PROD with $$_JOB
54 

•S 4670 IS

1 (A) the proportion determined under para2 graph (3); by 

3 (B) the amounts authorized to be appro4 priated for each such program for such fiscal 

5 year; and 

6 (5) distribute the obligation limitation for Fed7 eral-aid highways, less the aggregate amounts not 

8 distributed under paragraphs (1) and (2) and the 

9 amounts distributed under paragraph (4), for Fed10 eral-aid highway and highway safety construction 

11 programs that are apportioned by the Secretary 

12 under title 23, United States Code (other than the 

13 amounts apportioned for the National Highway Per14 formance Program in section 119 of title 23, United 

15 States Code, that are exempt from the limitation 

16 under subsection (b)(12) and the amounts appor17 tioned under sections 202 and 204 of that title) in 

18 the proportion that— 

19 (A) amounts authorized to be appropriated 

20 for the programs that are apportioned under 

21 title 23, United States Code, to each State for 

22 such fiscal year; bears to 

23 (B) the total of the amounts authorized to 

24 be appropriated for the programs that are apVerDate Sep 11 2014 00:06 Jul 29, 2022 Jkt 029200 PO 00000 Frm 00054 Fmt 6652 Sfmt 6201 E:\BILLS\S4670.IS S4670

pbinns on DSKJLVW7X2PROD with $$_JOB
55 

•S 4670 IS

1 portioned under title 23, United States Code, to 

2 all States for such fiscal year. 

3 (b) EXCEPTIONS FROM OBLIGATION LIMITATION.— 

4 The obligation limitation for Federal-aid highways shall 

5 not apply to obligations under or for— 

6 (1) section 125 of title 23, United States Code; 

7 (2) section 147 of the Surface Transportation 

8 Assistance Act of 1978 (23 U.S.C. 144 note; 92 

9 Stat. 2714); 

10 (3) section 9 of the Federal-Aid Highway Act 

11 of 1981 (95 Stat. 1701); 

12 (4) subsections (b) and (j) of section 131 of the 

13 Surface Transportation Assistance Act of 1982 (96 

14 Stat. 2119); 

15 (5) subsections (b) and (c) of section 149 of the 

16 Surface Transportation and Uniform Relocation As17 sistance Act of 1987 (101 Stat. 198); 

18 (6) sections 1103 through 1108 of the Inter19 modal Surface Transportation Efficiency Act of 

20 1991 (105 Stat. 2027); 

21 (7) section 157 of title 23, United States Code 

22 (as in effect on June 8, 1998); 

23 (8) section 105 of title 23, United States Code 

24 (as in effect for fiscal years 1998 through 2004, but 


pbinns on DSKJLVW7X2PROD with $$_JOB
56 

•S 4670 IS

1 only in an amount equal to $639,000,000 for each 

2 of those fiscal years); 

3 (9) Federal-aid highway programs for which ob4 ligation authority was made available under the 

5 Transportation Equity Act for the 21st Century 

6 (112 Stat. 107) or subsequent Acts for multiple 

7 years or to remain available until expended, but only 

8 to the extent that the obligation authority has not 

9 lapsed or been used; 

10 (10) section 105 of title 23, United States Code 

11 (as in effect for fiscal years 2005 through 2012, but 

12 only in an amount equal to $639,000,000 for each 

13 of those fiscal years); 

14 (11) section 1603 of SAFETEA–LU (23 

15 U.S.C. 118 note; 119 Stat. 1248), to the extent that 

16 funds obligated in accordance with that section were 

17 not subject to a limitation on obligations at the time 

18 at which the funds were initially made available for 

19 obligation; and 

20 (12) section 119 of title 23, United States Code 

21 (but, for each of fiscal years 2013 through 2023, 

22 only in an amount equal to $639,000,000). 

23 (c) REDISTRIBUTION OF UNUSED OBLIGATION AU24 THORITY.—Notwithstanding subsection (a), the Secretary 

25 shall, after August 1 of such fiscal year— 


pbinns on DSKJLVW7X2PROD with $$_JOB
57 

•S 4670 IS

1 (1) revise a distribution of the obligation limita2 tion made available under subsection (a) if an 

3 amount distributed cannot be obligated during that 

4 fiscal year; and 

5 (2) redistribute sufficient amounts to those 

6 States able to obligate amounts in addition to those 

7 previously distributed during that fiscal year, giving 

8 priority to those States having large unobligated bal9 ances of funds apportioned under sections 144 (as in 

10 effect on the day before the date of enactment of 

11 Public Law 112–141) and 104 of title 23, United 

12 States Code. 

13 (d) APPLICABILITY OF OBLIGATION LIMITATIONS TO

14 TRANSPORTATION RESEARCH PROGRAMS.— 

15 (1) IN GENERAL.—Except as provided in para16 graph (2), the obligation limitation for Federal-aid 

17 highways shall apply to contract authority for trans18 portation research programs carried out under— 

19 (A) chapter 5 of title 23, United States 

20 Code; 

21 (B) title VI of the Fixing America’s Sur22 face Transportation Act; and 

23 (C) title III of division A of the Infrastruc24 ture Investment and Jobs Act (Public Law 

25 117–58). 


pbinns on DSKJLVW7X2PROD with $$_JOB
58 

•S 4670 IS

1 (2) EXCEPTION.—Obligation authority made 

2 available under paragraph (1) shall— 

3 (A) remain available for a period of 4 fis4 cal years; and 

5 (B) be in addition to the amount of any 

6 limitation imposed on obligations for Federal7 aid highway and highway safety construction 

8 programs for future fiscal years. 

9 (e) REDISTRIBUTION OF CERTAIN AUTHORIZED

10 FUNDS.— 

11 (1) IN GENERAL.—Not later than 30 days after 

12 the date of distribution of obligation limitation 

13 under subsection (a), the Secretary shall distribute 

14 to the States any funds (excluding funds authorized 

15 for the program under section 202 of title 23, 

16 United States Code) that— 

17 (A) are authorized to be appropriated for 

18 such fiscal year for Federal-aid highway pro19 grams; and 

20 (B) the Secretary determines will not be 

21 allocated to the States (or will not be appor22 tioned to the States under section 204 of title 

23 23, United States Code), and will not be avail24 able for obligation, for such fiscal year because 


pbinns on DSKJLVW7X2PROD with $$_JOB
59 

•S 4670 IS

1 of the imposition of any obligation limitation for 

2 such fiscal year. 

3 (2) RATIO.—Funds shall be distributed under 

4 paragraph (1) in the same proportion as the dis5 tribution of obligation authority under subsection 

6 (a)(5). 

7 (3) AVAILABILITY.—Funds distributed to each 

8 State under paragraph (1) shall be available for any 

9 purpose described in section 133(b) of title 23, 

10 United States Code. 

11 SEC. 121. Notwithstanding 31 U.S.C. 3302, funds re12 ceived by the Bureau of Transportation Statistics from the 

13 sale of data products, for necessary expenses incurred pur14 suant to chapter 63 of title 49, United States Code, may 

15 be credited to the Federal-aid highways account for the 

16 purpose of reimbursing the Bureau for such expenses. 

17 SEC. 122. Not less than 15 days prior to waiving, 

18 under his or her statutory authority, any Buy America re19 quirement for Federal-aid highways projects, the Sec20 retary of Transportation shall make an informal public no21 tice and comment opportunity on the intent to issue such 

22 waiver and the reasons therefor: Provided, That the Sec23 retary shall post on a website any waivers granted under 

24 the Buy America requirements. 


pbinns on DSKJLVW7X2PROD with $$_JOB
60 

•S 4670 IS

1 SEC. 123. None of the funds made available in this 

2 Act may be used to make a grant for a project under sec3 tion 117 of title 23, United States Code, unless the Sec4 retary, at least 60 days before making a grant under that 

5 section, provides written notification to the House and 

6 Senate Committees on Appropriations of the proposed 

7 grant, including an evaluation and justification for the 

8 project and the amount of the proposed grant award. 

9 SEC. 124. (a) A State or territory, as defined in sec10 tion 165 of title 23, United States Code, may use for any 

11 project eligible under section 133(b) of title 23 or section 

12 165 of title 23 and located within the boundary of the 

13 State or territory any earmarked amount, and any associ14 ated obligation limitation: Provided, That the Department 

15 of Transportation for the State or territory for which the 

16 earmarked amount was originally designated or directed 

17 notifies the Secretary of its intent to use its authority 

18 under this section and submits an annual report to the 

19 Secretary identifying the projects to which the funding 

20 would be applied. Notwithstanding the original period of 

21 availability of funds to be obligated under this section, 

22 such funds and associated obligation limitation shall re23 main available for obligation for a period of 3 fiscal years 

24 after the fiscal year in which the Secretary is notified. The 

25 Federal share of the cost of a project carried out with 


pbinns on DSKJLVW7X2PROD with $$_JOB
61 

•S 4670 IS

1 funds made available under this section shall be the same 

2 as associated with the earmark. 

3 (b) In this section, the term ‘‘earmarked amount’’ 

4 means— 

5 (1) congressionally directed spending, as de6 fined in rule XLIV of the Standing Rules of the 

7 Senate, identified in a prior law, report, or joint ex8 planatory statement, which was authorized to be ap9 propriated or appropriated more than 10 fiscal years 

10 prior to the current fiscal year, and administered by 

11 the Federal Highway Administration; or 

12 (2) a congressional earmark, as defined in rule 

13 XXI of the Rules of the House of Representatives, 

14 identified in a prior law, report, or joint explanatory 

15 statement, which was authorized to be appropriated 

16 or appropriated more than 10 fiscal years prior to 

17 the current fiscal year, and administered by the Fed18 eral Highway Administration. 

19 (c) The authority under subsection (a) may be exer20 cised only for those projects or activities that have obli21 gated less than 10 percent of the amount made available 

22 for obligation as of October 1 of the current fiscal year, 

23 and shall be applied to projects within the same general 

24 geographic area within 25 miles for which the funding was 

25 designated, except that a State or territory may apply 


pbinns on DSKJLVW7X2PROD with $$_JOB
62 

•S 4670 IS

1 such authority to unexpended balances of funds from 

2 projects or activities the State or territory certifies have 

3 been closed and for which payments have been made under 

4 a final voucher. 

5 (d) The Secretary shall submit consolidated reports 

6 of the information provided by the States and territories 

7 annually to the House and Senate Committees on Appro8 priations. 

9 SEC. 125. Section 1105(e)(5)(C)(i) of the Intermodal 

10 Surface Transportation Efficiency Act of 1991 (Public 

11 Law 102–240; 109 Stat. 598; 133 Stat. 3018) is amended 

12 by striking the seventh, eighth, and ninth sentences. 

13 FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION

14 MOTOR CARRIER SAFETY OPERATIONS AND PROGRAMS

15 (LIQUIDATION OF CONTRACT AUTHORIZATION)

16 (LIMITATION ON OBLIGATIONS)

17 (HIGHWAY TRUST FUND)

18 For payment of obligations incurred in the implemen19 tation, execution and administration of motor carrier safe20 ty operations and programs pursuant to section 31110 of 

21 title 49, United States Code, as amended by the Infra22 structure Investment and Jobs Act (Public Law 117–58), 

23 $367,500,000, to be derived from the Highway Trust 

24 Fund (other than the Mass Transit Account), together 

25 with advances and reimbursements received by the FedVerDate Sep 11 2014 00:06 Jul 29, 2022 Jkt 029200 PO 00000 Frm 00062 Fmt 6652 Sfmt 6201 E:\BILLS\S4670.IS S4670

pbinns on DSKJLVW7X2PROD with $$_JOB
63 

•S 4670 IS

1 eral Motor Carrier Safety Administration, the sum of 

2 which shall remain available until expended: Provided, 

3 That funds available for implementation, execution, or ad4 ministration of motor carrier safety operations and pro5 grams authorized under title 49, United States Code, shall 

6 not exceed total obligations of $367,500,000, for ‘‘Motor 

7 Carrier Safety Operations and Programs’’ for fiscal year 

8 2023, of which $14,073,000, to remain available for obli9 gation until September 30, 2025, is for the research and 

10 technology program, and of which not less than 

11 $63,098,000, to remain available for obligation until Sep12 tember 30, 2025, is for development, modernization, en13 hancement, and continued operation and maintenance of 

14 information technology and information management. 

15 MOTOR CARRIER SAFETY GRANTS

16 (LIQUIDATION OF CONTRACT AUTHORIZATION)

17 (LIMITATION ON OBLIGATIONS)

18 (HIGHWAY TRUST FUND)

19 For payment of obligations incurred in carrying out 

20 sections 31102, 31103, 31104, and 31313 of title 49, 

21 United States Code, $506,150,000, to be derived from the 

22 Highway Trust Fund (other than the Mass Transit Ac23 count) and to remain available until expended: Provided, 

24 That funds available for the implementation or execution 

25 of motor carrier safety programs shall not exceed total obVerDate Sep 11 2014 00:06 Jul 29, 2022 Jkt 029200 PO 00000 Frm 00063 Fmt 6652 Sfmt 6201 E:\BILLS\S4670.IS S4670

pbinns on DSKJLVW7X2PROD with $$_JOB
64 

•S 4670 IS

1 ligations of $506,150,000 in fiscal year 2023 for ‘‘Motor 

2 Carrier Safety Grants’’: Provided further, That of the 

3 sums appropriated under this heading— 

4 (1) $398,500,000 shall be available for the 

5 motor carrier safety assistance program; 

6 (2) $42,650,000 shall be available for the com7 mercial driver’s license program implementation pro8 gram; 

9 (3) $58,800,000 shall be available for the high 

10 priority activities program; 

11 (4) $1,200,000 shall be available for the com12 mercial motor vehicle operators grant program; and 

13 (5) $5,000,000 shall be available for the com14 mercial motor vehicle enforcement training and sup15 port grant program. 

16 ADMINISTRATIVE PROVISIONS—FEDERAL MOTOR

17 CARRIER SAFETY ADMINISTRATION

18 SEC. 130. The Federal Motor Carrier Safety Admin19 istration shall send notice of section 385.308 of title 49, 

20 Code of Federal Regulations, violations by certified mail, 

21 registered mail, or another manner of delivery, which 

22 records the receipt of the notice by the persons responsible 

23 for the violations. 

24 SEC. 131. The Federal Motor Carrier Safety Admin25 istration shall update annual inspection regulations under 


pbinns on DSKJLVW7X2PROD with $$_JOB
65 

•S 4670 IS

1 Appendix G to subchapter B of chapter III of title 49, 

2 Code of Federal Regulations, as recommended by GAO– 

3 19–264. 

4 SEC. 132. None of the funds appropriated or other5 wise made available to the Department of Transportation 

6 by this Act or any other Act may be obligated or expended 

7 to implement, administer, or enforce the requirements of 

8 section 31137 of title 49, United States Code, or any regu9 lation issued by the Secretary pursuant to such section, 

10 with respect to the use of electronic logging devices by op11 erators of commercial motor vehicles, as defined in section 

12 31132(1) of such title, transporting livestock as defined 

13 in section 602 of the Emergency Livestock Feed Assist14 ance Act of 1988 (7 U.S.C. 1471) or insects. 

15 NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION

16 OPERATIONS AND RESEARCH

17 For expenses necessary to discharge the functions of 

18 the Secretary, with respect to traffic and highway safety, 

19 authorized under chapter 301 and part C of subtitle VI 

20 of title 49, United States Code, $210,000,000, to remain 

21 available through September 30, 2024. 


pbinns on DSKJLVW7X2PROD with $$_JOB
66 

•S 4670 IS

1 OPERATIONS AND RESEARCH

2 (LIQUIDATION OF CONTRACT AUTHORIZATION)

3 (LIMITATION ON OBLIGATIONS)

4 (HIGHWAY TRUST FUND)

5 For payment of obligations incurred in carrying out 

6 the provisions of section 403 of title 23, United States 

7 Code, including behavioral research on Automated Driving 

8 Systems and Advanced Driver Assistance Systems and im9 proving consumer responses to safety recalls, section 

10 25024 of the Infrastructure Investment and Jobs Act 

11 (Public Law 117–58), and chapter 303 of title 49, United 

12 States Code, $197,000,000, to be derived from the High13 way Trust Fund (other than the Mass Transit Account) 

14 and to remain available until expended: Provided, That 

15 none of the funds in this Act shall be available for the 

16 planning or execution of programs the total obligations for 

17 which, in fiscal year 2023, are in excess of $197,000,000: 

18 Provided further, That of the sums appropriated under 

19 this heading— 

20 (1) $190,000,000 shall be for programs author21 ized under section 403 of title 23, United States 

22 Code, including behavioral research on Automated 

23 Driving Systems and Advanced Driver Assistance 

24 Systems and improving consumer responses to safety 


pbinns on DSKJLVW7X2PROD with $$_JOB
67 

•S 4670 IS

1 recalls, and section 25024 of the Infrastructure In2 vestment and Jobs Act (Public Law 117–58); and 

3 (2) $7,000,000 shall be for the National Driver 

4 Register authorized under chapter 303 of title 49, 

5 United States Code: 

6 Provided further, That within the $197,000,000 obligation 

7 limitation for operations and research, $57,500,000 shall 

8 remain available until September 30, 2024, and shall be 

9 in addition to the amount of any limitation imposed on 

10 obligations for future years: Provided further, That 

11 amounts for behavioral research on Automated Driving 

12 Systems and Advanced Driver Assistance Systems and im13 proving consumer responses to safety recalls are in addi14 tion to any other funds provided for those purposes for 

15 fiscal year 2023 in this Act. 

16 HIGHWAY TRAFFIC SAFETY GRANTS

17 (LIQUIDATION OF CONTRACT AUTHORIZATION)

18 (LIMITATION ON OBLIGATIONS)

19 (HIGHWAY TRUST FUND)

20 For payment of obligations incurred in carrying out 

21 provisions of sections 402, 404, and 405 of title 23, 

22 United States Code, and grant administration expenses 

23 under chapter 4 of title 23, United States Code, to remain 

24 available until expended, $795,220,000, to be derived from 

25 the Highway Trust Fund (other than the Mass Transit 


pbinns on DSKJLVW7X2PROD with $$_JOB
68 

•S 4670 IS

1 Account): Provided, That none of the funds in this Act 

2 shall be available for the planning or execution of pro3 grams for which the total obligations in fiscal year 2023 

4 are in excess of $795,220,000 for programs authorized 

5 under sections 402, 404, and 405 of title 23, United 

6 States Code, and grant administration expenses under 

7 chapter 4 of title 23, United States Code: Provided further, 

8 That of the sums appropriated under this heading— 

9 (1) $370,900,000 shall be for ‘‘Highway Safety 

10 Programs’’ under section 402 of title 23, United 

11 States Code; 

12 (2) $346,500,000 shall be for ‘‘National Pri13 ority Safety Programs’’ under section 405 of title 

14 23, United States Code; 

15 (3) $38,300,000 shall be for the ‘‘High Visi16 bility Enforcement Program’’ under section 404 of 

17 title 23, United States Code; and 

18 (4) $39,520,000 shall be for grant administra19 tive expenses under chapter 4 of title 23, United 

20 States Code: 

21 Provided further, That none of these funds shall be used 

22 for construction, rehabilitation, or remodeling costs, or for 

23 office furnishings and fixtures for State, local or private 

24 buildings or structures: Provided further, That not to ex25 ceed $500,000 of the funds made available for ‘‘National 


pbinns on DSKJLVW7X2PROD with $$_JOB
69 

•S 4670 IS

1 Priority Safety Programs’’ under section 405 of title 23, 

2 United States Code, for ‘‘Impaired Driving Counter3 measures’’ (as described in subsection (d) of that section) 

4 shall be available for technical assistance to the States: 

5 Provided further, That with respect to the ‘‘Transfers’’ 

6 provision under section 405(a)(8) of title 23, United 

7 States Code, any amounts transferred to increase the 

8 amounts made available under section 402 shall include 

9 the obligation authority for such amounts: Provided fur10 ther, That the Administrator shall notify the House and 

11 Senate Committees on Appropriations prior to exercising 

12 the authority granted under the preceding proviso or 

13 under section 405(a)(8) of title 23, United States Code. 

14 ADMINISTRATIVE PROVISIONS—NATIONAL HIGHWAY

15 TRAFFIC SAFETY ADMINISTRATION

16 SEC. 140. An additional $130,000 shall be made 

17 available to the National Highway Traffic Safety Adminis18 tration, out of the amount limited for section 402 of title 

19 23, United States Code, to pay for travel and related ex20 penses for State management reviews and to pay for core 

21 competency development training and related expenses for 

22 highway safety staff. 

23 SEC. 141. The limitations on obligations for the pro24 grams of the National Highway Traffic Safety Adminis25 tration set in this Act shall not apply to obligations for 


pbinns on DSKJLVW7X2PROD with $$_JOB
70 

•S 4670 IS

1 which obligation authority was made available in previous 

2 public laws but only to the extent that the obligation au3 thority has not lapsed or been used. 

4 SEC. 142. None of the funds in this Act or any other 

5 Act shall be used to enforce the requirements of section 

6 405(a)(9) of title 23, United States Code. 

7 SEC. 143. Section 24220 of the Infrastructure Invest8 ment and Jobs Act (Public Law 117–58) is amended by 

9 adding at the end the following: 

10 ‘‘(f) SHORT TITLE.—This section may be cited as the 

11 ‘Honoring the Abbas Family Legacy to Terminate Drunk 

12 Driving Act’.’’. 

13 FEDERAL RAILROAD ADMINISTRATION

14 SAFETY AND OPERATIONS

15 For necessary expenses of the Federal Railroad Ad16 ministration, not otherwise provided for, $254,426,000, of 

17 which $25,000,000 shall remain available until expended. 

18 RAILROAD RESEARCH AND DEVELOPMENT

19 For necessary expenses for railroad research and de20 velopment, $44,000,000, to remain available until ex21 pended: Provided, That of the amounts provided under 

22 this heading, up to $3,000,000 shall be available pursuant 

23 to section 20108(d) of title 49, United States Code, for 

24 the construction, alteration, and repair of buildings and 

25 improvements at the Transportation Technology Center. 


pbinns on DSKJLVW7X2PROD with $$_JOB
71 

•S 4670 IS

1 FEDERAL-STATE PARTNERSHIP FOR INTERCITY

2 PASSENGER RAIL

3 For necessary expenses related to Federal-State 

4 Partnership for Intercity Passenger Rail grants as author5 ized by section 24911 of title 49, United States Code, 

6 $200,000,000, to remain available until expended: Pro7 vided, That the Secretary may withhold up to 2 percent 

8 of the amount provided under this heading in this Act for 

9 the costs of award and project management oversight of 

10 grants carried out under title 49, United States Code. 

11 CONSOLIDATED RAIL INFRASTRUCTURE AND SAFETY

12 IMPROVEMENTS

13 (INCLUDING TRANSFER OF FUNDS)

14 For necessary expenses related to Consolidated Rail 

15 Infrastructure and Safety Improvements grants, as au16 thorized by section 22907 of title 49, United States Code, 

17 $534,566,000, to remain available until expended: Pro18 vided,That of the amounts made available under this head19 ing in this Act, $30,426,000 shall be made available for 

20 the purposes, and in amounts, specified for Congression21 ally Directed Spending in the table entitled ‘‘Congression22 ally Directed Spending’’ included in the explanatory state23 ment accompanying this Act: Provided further, That re24 quirements under subsections (g) and (l) of section 22907 

25 of title 49, United States Code, shall not apply to the preVerDate Sep 11 2014 00:06 Jul 29, 2022 Jkt 029200 PO 00000 Frm 00071 Fmt 6652 Sfmt 6201 E:\BILLS\S4670.IS S4670

pbinns on DSKJLVW7X2PROD with $$_JOB
72 

•S 4670 IS

1 ceding proviso: Provided further, That any remaining 

2 funds available after the distribution of the Congression3 ally Directed Spending described under this heading shall 

4 be available to the Secretary to distribute as discretionary 

5 grants under this heading: Provided further, That section 

6 22905(f) of title 49, United States Code, shall not apply 

7 to amounts made available under this heading in this Act 

8 for projects that implement or sustain positive train con9 trol systems otherwise eligible under section 22907(c)(1) 

10 of title 49, United States Code: Provided further, That 

11 amounts made available under this heading in this Act for 

12 projects selected for commuter rail passenger transpor13 tation may be transferred by the Secretary, after selection, 

14 to the appropriate agencies to be administered in accord15 ance with chapter 53 of title 49, United States Code: Pro16 vided further, That for amounts made available under this 

17 heading in this Act, eligible recipients under section 

18 22907(b)(7) of title 49, United States Code, shall include 

19 any holding company of a Class II railroad or Class III 

20 railroad (as those terms are defined in section 20102 of 

21 title 49, United States Code): Provided further, That sec22 tion 22907(e)(1)(A) of title 49, United States Code, shall 

23 not apply to amounts made available under this heading 

24 in this Act: Provided further, That section 22907(e)(1)(A) 

25 of title 49, United States Code, shall not apply to amounts 


pbinns on DSKJLVW7X2PROD with $$_JOB
73 

•S 4670 IS

1 made available under this heading in previous fiscal years 

2 if such funds are announced in a notice of funding oppor3 tunity that includes funds made available under this head4 ing in this Act: Provided further, That the preceding pro5 viso shall not apply to funds made available under this 

6 heading in the Infrastructure Investment and Jobs Act 

7 (division J of Public Law 117–58): Provided further, That 

8 unobligated balances remaining after 6 years from the 

9 date of enactment of this Act may be used for any eligible 

10 project under section 22907(c) of title 49, United States 

11 Code: Provided further, That the Secretary may retain up 

12 to $5,000,000 of the amount provided under this heading 

13 in this Act to establish a National Railroad Institute to 

14 develop and conduct training and education programs for 

15 both public and private sector railroad and railroad-re16 lated industry employees: Provided further, That the Sec17 retary may withhold up to 2 percent of the amounts made 

18 available under this heading in this Act for the costs of 

19 award and project management oversight of grants carried 

20 out under title 49, United States Code. 

21 NORTHEAST CORRIDOR GRANTS TO THE NATIONAL

22 RAILROAD PASSENGER CORPORATION

23 To enable the Secretary of Transportation to make 

24 grants to the National Railroad Passenger Corporation for 

25 activities associated with the Northeast Corridor as auVerDate Sep 11 2014 00:06 Jul 29, 2022 Jkt 029200 PO 00000 Frm 00073 Fmt 6652 Sfmt 6201 E:\BILLS\S4670.IS S4670

pbinns on DSKJLVW7X2PROD with $$_JOB
74 

•S 4670 IS

1 thorized by section 22101(a) of the Infrastructure Invest2 ment and Jobs Act (division B of Public Law 117–58), 

3 $1,134,811,000, to remain available until expended: Pro4 vided, That the Secretary may retain up to one-half of 

5 1 percent of the funds provided under both this heading 

6 in this Act and the ‘‘National Network Grants to the Na7 tional Railroad Passenger Corporation’’ heading in this 

8 Act to fund the costs of project management and oversight 

9 of activities authorized by section 22101(c) of the Infra10 structure Investment and Jobs Act (division B of Public 

11 Law 117–58): Provided further, That in addition to the 

12 project management oversight funds authorized under sec13 tion 22101(c) of the Infrastructure Investment and Jobs 

14 Act (division B of Public Law 117–58), the Secretary may 

15 retain up to an additional $6,000,000 of the funds pro16 vided under this heading in this Act to fund expenses asso17 ciated with the Northeast Corridor Commission estab18 lished under section 24905 of title 49, United States Code. 

19 NATIONAL NETWORK GRANTS TO THE NATIONAL

20 RAILROAD PASSENGER CORPORATION

21 To enable the Secretary of Transportation to make 

22 grants to the National Railroad Passenger Corporation for 

23 activities associated with the National Network as author24 ized by section 22101(b) of the Infrastructure Investment 

25 and Jobs Act (division B of Public Law 117–58), 


pbinns on DSKJLVW7X2PROD with $$_JOB
75 

•S 4670 IS

1 $1,465,882,000, to remain available until expended: Pro2 vided, That the Secretary may retain up to an additional 

3 $3,000,000 of the funds provided under this heading in 

4 this Act to fund expenses associated with the State-Sup5 ported Route Committee established under section 24712 

6 of title 49, United States Code: Provided further, That at 

7 least $50,000,000 of the amount provided under this 

8 heading in this Act shall be available for the development, 

9 installation and operation of railroad safety improvements, 

10 including the implementation of a positive train control 

11 system, on State-supported routes as defined under sec12 tion 24102(13) of title 49, United States Code, on which 

13 positive train control systems are not required by law or 

14 regulation as identified on or before the date of enactment 

15 of this Act: Provided further, That any unexpended bal16 ances from amounts provided under this heading in this 

17 Act and in prior fiscal years for the development, installa18 tion and operation of railroad safety technology on State19 supported routes on which positive train control systems 

20 are not required by law or regulation shall also be avail21 able for railroad safety improvements on State-supported 

22 routes as identified on or before the date of enactment 

23 of Public Law 117–103: Provided further, That none of 

24 the funds provided under this heading in this Act shall 

25 be used by Amtrak to give notice under subsection (a) or 


pbinns on DSKJLVW7X2PROD with $$_JOB
76 

•S 4670 IS

1 (c) of section 24706 of title 49, United States Code, with 

2 respect to long-distance routes (as defined in section 

3 24102 of title 49, United States Code) on which Amtrak 

4 is the sole operator on a host railroad’s line and a positive 

5 train control system is not required by law or regulation, 

6 or, except in an emergency or during maintenance or con7 struction outages impacting such routes, to otherwise dis8 continue, reduce the frequency of, suspend, or substan9 tially alter the route of rail service on any portion of such 

10 route operated in fiscal year 2018, including implementa11 tion of service permitted by section 24305(a)(3)(A) of title 

12 49, United States Code, in lieu of rail service. 

13 ADMINISTRATIVE PROVISIONS—FEDERAL RAILROAD

14 ADMINISTRATION

15 (INCLUDING TRANSFER OF FUNDS)

16 SEC. 150. None of the funds made available to the 

17 National Railroad Passenger Corporation may be used to 

18 fund any overtime costs in excess of $35,000 for any indi19 vidual employee: Provided, That the President of Amtrak 

20 may waive the cap set in the preceding proviso for specific 

21 employees when the President of Amtrak determines such 

22 a cap poses a risk to the safety and operational efficiency 

23 of the system: Provided further, That the President of Am24 trak shall report to the House and Senate Committees on 

25 Appropriations no later than 60 days after the date of enVerDate Sep 11 2014 00:06 Jul 29, 2022 Jkt 029200 PO 00000 Frm 00076 Fmt 6652 Sfmt 6201 E:\BILLS\S4670.IS S4670

pbinns on DSKJLVW7X2PROD with $$_JOB
77 

•S 4670 IS

1 actment of this Act, a summary of all overtime payments 

2 incurred by Amtrak for 2022 and the 3 prior calendar 

3 years: Provided further, That such summary shall include 

4 the total number of employees that received waivers and 

5 the total overtime payments Amtrak paid to employees re6 ceiving waivers for each month for 2022 and for the 3 

7 prior calendar years. 

8 SEC. 151. None of the funds made available by this 

9 Act may be used by the National Railroad Passenger Cor10 poration in contravention of the Worker Adjustment and 

11 Retraining Notification Act (29 U.S.C. 2101 et seq.). 

12 SEC. 152. The amounts made available to the Sec13 retary or to the Federal Railroad Administration for the 

14 costs of award, administration, and project management 

15 oversight of financial assistance which are administered 

16 by the Federal Railroad Administration, in this and prior 

17 Acts, may be transferred to the Federal Railroad Adminis18 tration’s ‘‘Financial Assistance Oversight and Technical 

19 Assistance’’ account for the necessary expenses to support 

20 the award, administration, project management oversight, 

21 and technical assistance of financial assistance adminis22 tered by the Federal Railroad Administration, in the same 

23 manner as appropriated for in this and prior Acts: Pro24 vided, That this section shall not apply to amounts that 

25 were previously designated by the Congress as an emerVerDate Sep 11 2014 00:06 Jul 29, 2022 Jkt 029200 PO 00000 Frm 00077 Fmt 6652 Sfmt 6201 E:\BILLS\S4670.IS S4670

pbinns on DSKJLVW7X2PROD with $$_JOB
78 

•S 4670 IS

1 gency requirement pursuant to a concurrent resolution on 

2 the budget or the Balanced Budget and Emergency Def3 icit Control Act of 1985. 

4 SEC. 153. None of the funds made available to the 

5 National Railroad Passenger Corporation under the head6 ings ‘‘Northeast Corridor Grants to the National Railroad 

7 Passenger Corporation’’ and ‘‘National Network Grants to 

8 the National Railroad Passenger Corporation’’ may be 

9 used to reduce the total number of Amtrak Police Depart10 ment uniformed officers patrolling on board passenger 

11 trains or at stations, facilities or rights-of-way below the 

12 staffing level on May 1, 2019. 

13 SEC. 154. It is the sense of Congress that— 

14 (1) long-distance passenger rail routes provide 

15 much-needed transportation access for 4,700,000 

16 riders in 325 communities in 40 States and are par17 ticularly important in rural areas; and 

18 (2) long-distance passenger rail routes and 

19 services should be sustained to ensure connectivity 

20 throughout the National Network (as defined in sec21 tion 24102 of title 49, United States Code). 

22 SEC. 155. State-supported routes operated by Am23 trak. Section 24712(a) of title 49, United States Code, 

24 is hereby amended by inserting after section 24712(a)(7) 

25 the following— 


pbinns on DSKJLVW7X2PROD with $$_JOB
79 

•S 4670 IS

1 ‘‘(8) STAFFING.—The Committee may— 

2 ‘‘(A) appoint, terminate, and fix the com3 pensation of an executive director and other 

4 Committee employees necessary for the Com5 mittee to carry out its duties; and 

6 ‘‘(B) enter into contracts necessary to 

7 carry out its duties, including providing Com8 mittee employees with retirement and other em9 ployee benefits under the condition that Non10 Federal members or officers, the executive di11 rector, and employees of the Committee are not 

12 federal employees for any purpose. 

13 ‘‘(9) AUTHORIZATION OF APPROPRIATIONS.— 

14 Amounts made available by the Secretary of Trans15 portation for the Committee may be used to carry 

16 out this section.’’. 

17 FEDERAL TRANSIT ADMINISTRATION

18 TRANSIT FORMULA GRANTS

19 (LIQUIDATION OF CONTRACT AUTHORIZATION)

20 (LIMITATION ON OBLIGATIONS)

21 (HIGHWAY TRUST FUND)

22 For payment of obligations incurred in the Federal 

23 Public Transportation Assistance Program in this ac24 count, and for payment of obligations incurred in carrying 

25 out the provisions of 49 U.S.C. 5305, 5307, 5310, 5311, 


pbinns on DSKJLVW7X2PROD with $$_JOB
80 

•S 4670 IS

1 5312, 5314, 5318, 5329(e)(6), 5334, 5335, 5337, 5339, 

2 and 5340, as amended by the Infrastructure Investment 

3 and Jobs Act, section 20005(b) of Public Law 112–141, 

4 and section 3006(b) of the Fixing America’s Surface 

5 Transportation Act, $13,634,000,000, to be derived from 

6 the Mass Transit Account of the Highway Trust Fund 

7 and to remain available until expended: Provided, That 

8 funds available for the implementation or execution of pro9 grams authorized under 49 U.S.C. 5305, 5307, 5310, 

10 5311, 5312, 5314, 5318, 5329(e)(6), 5334, 5335, 5337, 

11 5339, and 5340, as amended by the Infrastructure Invest12 ment and Jobs Act, section 20005(b) of Public Law 112– 

13 141, and section 3006(b) of the Fixing America’s Surface 

14 Transportation Act, shall not exceed total obligations of 

15 $13,634,000,000 in fiscal year 2023. 

16 TRANSIT INFRASTRUCTURE GRANTS

17 For an additional amount for buses and bus facilities 

18 grants under section 5339(b) of title 49, United States 

19 Code, low or no emission grants under section 5339(c) of 

20 such title, ferry boats grants under section 5307(h) of 

21 such title, bus testing facilities under section 5318 of such 

22 title, grants to areas of persistent poverty, innovative mo23 bility solutions grants under section 5312 of such title, 

24 accelerating innovative mobility initiative grants under 

25 section 5312 such title, accelerating the adoption of zero 


pbinns on DSKJLVW7X2PROD with $$_JOB
81 

•S 4670 IS

1 emission buses under section 5312 of such title, Commu2 nity Project Funding/Congressionally Directed Spending 

3 for projects and activities eligible under chapter 53 of such 

4 title, and ferry service for rural communities under section 

5 71103 of division G of Public Law 117–58, $527,131,000, 

6 to remain available until expended: Provided, That of the 

7 sums provided under this heading in this Act— 

8 (1) $220,000,000 shall be available for buses 

9 and bus facilities competitive grants as authorized 

10 under section 5339(b) of such title; 

11 (2) $135,000,000 shall be available for the low 

12 or no emission grants as authorized under section 

13 5339(c) of such title: Provided, That the minimum 

14 grant award shall be not less than $750,000; 

15 (3) $20,000,000 shall be available for ferry 

16 boat grants as authorized under section 5307(h) of 

17 such title: Provided, That of the amounts provided 

18 under this paragraph, no less than $5,000,000 shall 

19 be available for low or zero emission ferries or fer20 ries using electric battery or fuel cell components 

21 and the infrastructure to support such ferries; 

22 (4) $2,000,000 shall be available for the oper23 ation and maintenance of the bus testing facilities 

24 selected under section 5318 of such title; 


pbinns on DSKJLVW7X2PROD with $$_JOB
82 

•S 4670 IS

1 (5) $1,000,000 shall be available for the dem2 onstration and deployment of innovative mobility so3 lutions as authorized under section 5312 of title 49, 

4 United States Code: Provided, That such amounts 

5 shall be available for competitive grants or coopera6 tive agreements for the development of software to 

7 facilitate the provision of demand-response public 

8 transportation service that dispatches public trans9 portation fleet vehicles through riders mobile devices 

10 or other advanced means: Provided further, That the 

11 Secretary shall evaluate the potential for software 

12 developed with grants or cooperative agreements to 

13 be shared for use by public transportation agencies; 

14 (6) $1,000,000 shall be for the accelerating in15 novative mobility initiative as authorized under sec16 tion 5312 of title 49, United States Code: Provided, 

17 That such amounts shall be available for competitive 

18 grants to improve mobility and enhance the rider ex19 perience with a focus on innovative service delivery 

20 models, creative financing, novel partnerships, and 

21 integrated payment solutions in order to help dis22 seminate proven innovation mobility practices 

23 throughout the public transportation industry; 

24 (7) $20,000,000 shall be available for competi25 tive grants to eligible entities to assist areas of perVerDate Sep 11 2014 00:06 Jul 29, 2022 Jkt 029200 PO 00000 Frm 00082 Fmt 6652 Sfmt 6201 E:\BILLS\S4670.IS S4670

pbinns on DSKJLVW7X2PROD with $$_JOB
83 

•S 4670 IS

1 sistent poverty as defined under section 6702(a)(1) 

2 of title 49, United States Code, or historically dis3 advantaged communities: Provided, That grants 

4 shall be for planning, engineering, or development of 

5 technical or financing plans for projects eligible 

6 under chapter 53 of title 49, United States Code: 

7 Provided further, That eligible entities are those de8 fined as eligible recipients or subrecipients under 

9 sections 5307, 5310 or 5311 of title 49, United 

10 States Code, and are in areas of persistent poverty 

11 as defined under section 6702(a)(1) of title 49, 

12 United States Code, or historically disadvantaged 

13 communities: Provided further, That State depart14 ments of transportation may apply on behalf of eligi15 ble entities within their States: Provided further, 

16 That the Federal Transit Administration should en17 courage grantees to work with non-profits or other 

18 entities of their choosing in order to develop plan19 ning, technical, engineering, or financing plans: Pro20 vided further, That the Federal Transit Administra21 tion shall encourage grantees to partner with non22 profits that can assist with making projects low or 

23 no emissions: Provided further, That projects funded 

24 under this paragraph shall be for not less than 90 

25 percent of the net total project cost; 


pbinns on DSKJLVW7X2PROD with $$_JOB
84 

•S 4670 IS

1 (8) $10,000,000 shall be available to support 

2 technical assistance, research, demonstration, or de3 ployment activities or projects to accelerate the 

4 adoption of zero emission buses in public transit as 

5 authorized under section 5312 of title 49, United 

6 States Code; 

7 (9) $98,331,000 shall be available for the pur8 poses, and in amounts, specified for Congressionally 

9 Directed Spending in the table entitled ‘‘Congres10 sionally Directed Spending’’ included in the explana11 tory statement accompanying this Act; and 

12 (10) $19,800,000 shall be available for ferry 

13 service for rural communities under section 71103 of 

14 division G of Public Law 117–58: Provided, That for 

15 amounts made available in this paragraph, notwith16 standing section 71103(a)(2)(B) of such division of 

17 such Act, eligible projects shall include passenger 

18 ferry service that serves at least two rural areas with 

19 a single segment over 20 miles between the two 

20 rural areas and is not otherwise eligible under sec21 tion 5307(h) of title 49, United States Code: 

22 Provided further, That amounts made available under this 

23 heading in this Act shall be derived from the general fund: 

24 Provided further, That the amounts made available under 

25 this heading in this Act shall not be subject to any limitaVerDate Sep 11 2014 00:06 Jul 29, 2022 Jkt 029200 PO 00000 Frm 00084 Fmt 6652 Sfmt 6201 E:\BILLS\S4670.IS S4670

pbinns on DSKJLVW7X2PROD with $$_JOB
85 

•S 4670 IS

1 tion on obligations for transit programs set forth in any 

2 Act. 

3 TECHNICAL ASSISTANCE AND TRAINING

4 For necessary expenses to carry out section 5314 of 

5 title 49, United States Code, $7,500,000, to remain avail6 able until September 30, 2024: Provided, That the assist7 ance provided under this heading does not duplicate the 

8 activities of section 5311(b) or section 5312 of title 49, 

9 United States Code. 

10 CAPITAL INVESTMENT GRANTS

11 For necessary expenses to carry out fixed guideway 

12 capital investment grants under section 5309 of title 49, 

13 United States Code, and section 3005(b) of the Fixing 

14 America’s Surface Transportation Act (Public Law 114– 

15 94), $2,510,931,000, to remain available until expended: 

16 Provided, That of the sums appropriated under this head17 ing— 

18 (1) $1,874,890,000 shall be available for 

19 projects authorized under section 5309(d) of title 

20 49, United States Code; 

21 (2) $100,000,000 shall be available for projects 

22 authorized under section 5309(e) of title 49, United 

23 States Code; 


pbinns on DSKJLVW7X2PROD with $$_JOB
86 

•S 4670 IS

1 (3) $410,931,000 shall be available for projects 

2 authorized under section 5309 (h) of title 49, United 

3 States Code; and 

4 (4) $100,000,0000 shall be available for 

5 projects authorized under section 3005(b) of the 

6 Fixing America’s Surface Transportation Act: 

7 Provided further, That the Secretary shall continue to ad8 minister the capital investment grants program in accord9 ance with the procedural and substantive requirements of 

10 section 5309 of title 49, United States Code, and of sec11 tion 3005(b) of the Fixing America’s Surface Transpor12 tation Act: Provided further, That projects that receive a 

13 grant agreement under the Expedited Project Delivery for 

14 Capital Investment Grants Pilot Program under section 

15 3005(b) of the Fixing America’s Surface Transportation 

16 Act shall be deemed eligible for funding provided for 

17 projects under section 5309 of title 49, United States 

18 Code, without further evaluation or rating under such sec19 tion: Provided further, That such funding shall not exceed 

20 the Federal share under section 3005(b): Provided further, 

21 That upon submission to the Congress of the fiscal year 

22 2024 President’s budget, the Secretary of Transportation 

23 shall transmit to Congress the annual report on capital 

24 investment grants, including proposed allocations for fiscal 

25 year 2024. 


pbinns on DSKJLVW7X2PROD with $$_JOB
87 

•S 4670 IS

1 GRANTS TO THE WASHINGTON METROPOLITAN AREA

2 TRANSIT AUTHORITY

3 For grants to the Washington Metropolitan Area 

4 Transit Authority as authorized under section 601 of divi5 sion B of the Passenger Rail Investment and Improvement 

6 Act of 2008 (Public Law 110–432), as amended by the 

7 Infrastructure Investment and Jobs Act (Public Law 117– 

8 58), $150,000,000, to remain available until expended: 

9 Provided, That the Secretary of Transportation shall ap10 prove grants for capital and preventive maintenance ex11 penditures for the Washington Metropolitan Area Transit 

12 Authority only after receiving and reviewing a request for 

13 each specific project: Provided further, That the Secretary 

14 shall determine that the Washington Metropolitan Area 

15 Transit Authority has placed the highest priority on those 

16 investments that will improve the safety of the system be17 fore approving such grants. 

18 ADMINISTRATIVE PROVISIONS—FEDERAL TRANSIT

19 ADMINISTRATION

20 (INCLUDING RESCISSIONS)

21 SEC. 160. The limitations on obligations for the pro22 grams of the Federal Transit Administration shall not 

23 apply to any authority under 49 U.S.C. 5338, previously 

24 made available for obligation, or to any other authority 

25 previously made available for obligation. 


pbinns on DSKJLVW7X2PROD with $$_JOB
88 

•S 4670 IS

1 SEC. 161. Notwithstanding any other provision of 

2 law, funds appropriated or limited by this Act under the 

3 heading ‘‘Capital Investment Grants’’ of the Federal 

4 Transit Administration for projects specified in this Act 

5 not obligated by September 30, 2026, and other recov6 eries, shall be directed to projects eligible to use the funds 

7 for the purposes for which they were originally provided. 

8 SEC. 162. Notwithstanding any other provision of 

9 law, any funds appropriated before October 1, 2022, under 

10 any section of chapter 53 of title 49, United States Code, 

11 that remain available for expenditure, may be transferred 

12 to and administered under the most recent appropriation 

13 heading for any such section. 

14 SEC. 163. None of the funds made available by this 

15 Act or any other Act shall be used to adjust apportion16 ments or withhold funds from apportionments pursuant 

17 to section 9503(e)(4) of the Internal Revenue Code of 

18 1986 (26 U.S.C. 9503(e)(4)). 

19 SEC. 164. None of the funds made available by this 

20 Act or any other Act shall be used to impede or hinder 

21 project advancement or approval for any project seeking 

22 a Federal contribution from the capital investment grant 

23 program of greater than 40 percent of project costs as 

24 authorized under section 5309 of title 49, United States 

25 Code. 


pbinns on DSKJLVW7X2PROD with $$_JOB
89 

•S 4670 IS

1 SEC. 165. Any unexpended balances from amounts 

2 previously appropriated for low or no emission vehicle 

3 component assessment under 49 U.S.C. 5312(h) under the 

4 headings ‘‘Transit Formula Grants’’ and ‘‘Transit Infra5 structure Grants’’ in fiscal years 2021 and 2022 may be 

6 used by the facilities selected for such vehicle component 

7 assessment for capital projects in order to build new infra8 structure and enhance existing facilities in order to expand 

9 component testing capability, in accordance with the in10 dustry stakeholder testing objectives and capabilities as 

11 outlined through the work of the Federal Transit Adminis12 tration Transit Vehicle Innovation and Deployment Cen13 ters program and included in the Center for Transpor14 tation and the Environment report submitted to the Fed15 eral Transit Administration for review. 

16 SEC. 166. The remaining unobligated balances, as of 

17 September 30, 2023, from amounts made available to the 

18 Department of Transportation under the heading ‘‘Fed19 eral Transit Administration—Capital Investment Grants’’ 

20 in division H of the Consolidated Appropriations Act, 

21 2020 (Public Law 116–94) are hereby rescinded, and an 

22 amount of additional new budget authority equivalent to 

23 the amount rescinded is hereby appropriated on Sep24 tember 30, 2023, for an additional amount for fiscal year 

25 2023, to remain available until September 30, 2024, and 


pbinns on DSKJLVW7X2PROD with $$_JOB
90 

•S 4670 IS

1 shall be available for any of the same purposes and under 

2 the same authorities for which such amounts were origi3 nally provided. 

4 GREAT LAKES ST. LAWRENCE SEAWAY DEVELOPMENT

5 CORPORATION

6 The Great Lakes St. Lawrence Seaway Development 

7 Corporation is hereby authorized to make such expendi8 tures, within the limits of funds and borrowing authority 

9 available to the Corporation, and in accord with law, and 

10 to make such contracts and commitments without regard 

11 to fiscal year limitations, as provided by section 9104 of 

12 title 31, United States Code, as may be necessary in car13 rying out the programs set forth in the Corporation’s 

14 budget for the current fiscal year. 

15 OPERATIONS AND MAINTENANCE

16 (HARBOR MAINTENANCE TRUST FUND)

17 For necessary expenses to conduct the operations, 

18 maintenance, and capital infrastructure activities on por19 tions of the St. Lawrence Seaway owned, operated, and 

20 maintained by the Great Lakes St. Lawrence Seaway De21 velopment Corporation, $38,000,000, to be derived from 

22 the Harbor Maintenance Trust Fund, pursuant to section 

23 210 of the Water Resources Development Act of 1986 (33 

24 U.S.C. 2238): Provided, That of the amounts made avail25 able under this heading, not less than $14,500,000 shall 


pbinns on DSKJLVW7X2PROD with $$_JOB
91 

•S 4670 IS

1 be for the seaway infrastructure program: Provided fur2 ther, That not more than $1,000,000 of the unobligated 

3 balances from the amounts made available for capital 

4 asset renewal activities under the heading ‘‘Saint Law5 rence Seaway Development Corporation—Operations and 

6 Maintenance’’ in any prior Act shall be for activities pur7 suant to section 984(a)(12) of title 33, United States 

8 Code. 

9 MARITIME ADMINISTRATION

10 MARITIME SECURITY PROGRAM

11 (INCLUDING RESCISSION OF FUNDS)

12 For necessary expenses to maintain and preserve a 

13 U.S.-flag merchant fleet as authorized under chapter 531 

14 of title 46, United States Code, to serve the national secu15 rity needs of the United States, $318,000,000, to remain 

16 available until expended: Provided, That of the unobli17 gated balances from prior year appropriations available 

18 under this heading, $55,000,000 are hereby permanently 

19 rescinded. 

20 CABLE SECURITY FLEET

21 For the cable security fleet program, as authorized 

22 under chapter 532 of title 46, United States Code, 

23 $10,000,000, to remain available until expended. 


pbinns on DSKJLVW7X2PROD with $$_JOB
92 

•S 4670 IS

1 TANKER SECURITY PROGRAM

2 For Tanker Security Fleet payments, as authorized 

3 under section 53406 of title 46, United States Code, 

4 $60,000,000, to remain available until expended. 

5 OPERATIONS AND TRAINING

6 For necessary expenses of operations and training ac7 tivities authorized by law, $244,899,000: Provided, That 

8 of the sums appropriated under this heading— 

9 (1) $87,848,000 shall remain available until 

10 September 30, 2024, for the operations of the 

11 United States Merchant Marine Academy; 

12 (2) $11,900,000 shall remain available until ex13 pended, for facilities maintenance and repair, and 

14 equipment, at the United States Merchant Marine 

15 Academy; 

16 (3) $55,120,000 shall remain available until ex17 pended, for capital improvements at the United 

18 States Merchant Marine Academy; 

19 (4) $10,000,000 shall remain available until 

20 September 30, 2024, for the Maritime Environ21 mental and Technical Assistance program authorized 

22 under section 50307 of title 46, United States Code; 

23 and 

24 (5) $14,819,000 shall remain available until ex25 pended, for the America’s Marine Highways ProVerDate Sep 11 2014 00:06 Jul 29, 2022 Jkt 029200 PO 00000 Frm 00092 Fmt 6652 Sfmt 6201 E:\BILLS\S4670.IS S4670

pbinns on DSKJLVW7X2PROD with $$_JOB
93 

•S 4670 IS

1 gram to make grants for the purposes authorized 

2 under paragraphs (1) and (3) of section 55601(b) of 

3 title 46, United States Code: 

4 Provided further, That the Administrator of the Maritime 

5 Administration shall transmit to the House and Senate 

6 Committees on Appropriations the annual report on sexual 

7 assault and sexual harassment at the United States Mer8 chant Marine Academy as required pursuant to section 

9 3510 of the National Defense Authorization Act for fiscal 

10 year 2017 (46 U.S.C. 51318): Provided further, That 

11 available balances under this heading for the Short Sea 

12 Transportation Program (now known as the America’s 

13 Marine Highway Program) from prior year recoveries 

14 shall be available to carry out activities authorized under 

15 paragraphs (1) and (3) of section 55601(b) of title 46, 

16 United States Code. 

17 STATE MARITIME ACADEMY OPERATIONS

18 For necessary expenses of operations, support, and 

19 training activities for State Maritime Academies, 

20 $120,700,000: Provided, That of the sums appropriated 

21 under this heading— 

22 (1) $30,500,000 shall remain available until ex23 pended, for maintenance, repair, life extension, in24 surance, and capacity improvement of National De25 fense Reserve Fleet training ships, and for support 


pbinns on DSKJLVW7X2PROD with $$_JOB
94 

•S 4670 IS

1 of training ship operations at the State Maritime 

2 Academies, of which not more than $8,000,000 shall 

3 be for expenses related to training mariners, and for 

4 costs associated with training vessel sharing pursu5 ant to section 51504(g)(3) of title 46, United States 

6 Code, for costs associated with mobilizing, operating 

7 and demobilizing the vessel; travel costs for stu8 dents, faculty and crew; and the costs of the general 

9 agent, crew costs, fuel, insurance, operational fees, 

10 and vessel hire costs, as determined by the Sec11 retary; 

12 (2) $75,000,000 shall remain available until ex13 pended, for the National Security Multi-Mission Ves14 sel Program, including funds for construction, plan15 ning, administration, and design of school ships and, 

16 as determined by the Secretary, necessary expenses 

17 to design, plan, construct infrastructure, and pur18 chase equipment necessary to berth such ships; 

19 (3) $2,400,000 shall remain available until Sep20 tember 30, 2027, for the Student Incentive Pro21 gram; 

22 (4) $6,800,000 shall remain available until ex23 pended, for training ship fuel assistance; and 


pbinns on DSKJLVW7X2PROD with $$_JOB
95 

•S 4670 IS

1 (5) $6,000,000 shall remain available until Sep2 tember 30, 2024, for direct payments for State Mar3 itime Academies: 

4 Provided further, That the Administrator of the Maritime 

5 Administration may use the funds made available under 

6 paragraph (2) and the funds provided for shoreside infra7 structure improvements in Public Law 117–103 for the 

8 purposes described in paragraph (2): Provided further, 

9 That such funds may be used to reimburse State Maritime 

10 Academies for costs incurred prior to the date of enact11 ment of this Act: Provided further, That such funds shall 

12 be available for reimbursement only for those costs in13 curred in compliance with all applicable Federal law, in14 cluding the National Environmental Policy Act of 1969 

15 (41 U.S.C. 4321 et seq.) and the National Historic Pres16 ervation Act (54 U.S.C. 300101 et seq.). 

17 ASSISTANCE TO SMALL SHIPYARDS

18 To make grants to qualified shipyards as authorized 

19 under section 54101 of title 46, United States Code, 

20 $25,000,000, to remain available until expended. 

21 SHIP DISPOSAL

22 (INCLUDING RESCISSION OF FUNDS)

23 For necessary expenses related to the disposal of ob24 solete vessels in the National Defense Reserve Fleet of the 

25 Maritime Administration, $10,000,000, to remain availVerDate Sep 11 2014 00:06 Jul 29, 2022 Jkt 029200 PO 00000 Frm 00095 Fmt 6652 Sfmt 6201 E:\BILLS\S4670.IS S4670

pbinns on DSKJLVW7X2PROD with $$_JOB
96 

•S 4670 IS

1 able until expended: Provided, That of the unobligated bal2 ances from prior year appropriations made available under 

3 this heading, $12,000,000 are hereby permanently re4 scinded. 

5 MARITIME GUARANTEED LOAN (TITLE XI) PROGRAM

6 ACCOUNT

7 (INCLUDING TRANSFER OF FUNDS)

8 For administrative expenses to carry out the guaran9 teed loan program, $3,000,000, which shall be transferred 

10 to and merged with the appropriations for ‘‘Maritime Ad11 ministration—Operations and Training’’. 

12 PORT INFRASTRUCTURE DEVELOPMENT PROGRAM

13 To make grants to improve port facilities as author14 ized under section 54301 of title 46, United States Code, 

15 $234,310,000, to remain available until expended: Pro16 vided, That projects eligible for amounts made available 

17 under this heading in this Act shall be projects for coastal 

18 seaports, inland river ports, or Great Lakes ports: Pro19 vided further, That the requirements under section 

20 3501(a)(12) of the National Defense Authorization Act 

21 for Fiscal Year 2022 (Public Law 117–81) shall apply to 

22 amounts made available under this heading in this Act: 

23 Provided further, That for grants awarded under this 

24 heading in this Act, the minimum grant size shall be 

25 $1,000,000: Provided further, That for amounts made 


pbinns on DSKJLVW7X2PROD with $$_JOB
97 

•S 4670 IS

1 available under this heading in this Act, the requirement 

2 under section 54301(a)(6)(A)(ii) of title 46, United States 

3 Code, shall not apply to projects located in noncontiguous 

4 States or territories. 

5 ADMINISTRATIVE PROVISION—MARITIME

6 ADMINISTRATION

7 SEC. 170. Notwithstanding any other provision of 

8 this Act, in addition to any existing authority, the Mari9 time Administration is authorized to furnish utilities and 

10 services and make necessary repairs in connection with 

11 any lease, contract, or occupancy involving Government 

12 property under control of the Maritime Administration: 

13 Provided, That payments received therefor shall be cred14 ited to the appropriation charged with the cost thereof and 

15 shall remain available until expended: Provided further, 

16 That rental payments under any such lease, contract, or 

17 occupancy for items other than such utilities, services, or 

18 repairs shall be deposited into the Treasury as miscella19 neous receipts. 

20 PIPELINE AND HAZARDOUS MATERIALS SAFETY

21 ADMINISTRATION

22 OPERATIONAL EXPENSES

23 For necessary operational expenses of the Pipeline 

24 and Hazardous Materials Safety Administration, 


pbinns on DSKJLVW7X2PROD with $$_JOB
98 

•S 4670 IS

1 $29,936,000, of which $4,500,000 shall remain available 

2 until September 30, 2025. 

3 HAZARDOUS MATERIALS SAFETY

4 For expenses necessary to discharge the hazardous 

5 materials safety functions of the Pipeline and Hazardous 

6 Materials Safety Administration, $70,743,000, of which 

7 $12,070,000 shall remain available until September 30, 

8 2025, of which $1,000,000 shall be made available for car9 rying out section 5107(i) of title 49, United States Code: 

10 Provided, That up to $800,000 in fees collected under sec11 tion 5108(g) of title 49, United States Code, shall be de12 posited in the general fund of the Treasury as offsetting 

13 receipts: Provided further, That there may be credited to 

14 this appropriation, to be available until expended, funds 

15 received from States, counties, municipalities, other public 

16 authorities, and private sources for expenses incurred for 

17 training, for reports publication and dissemination, and 

18 for travel expenses incurred in performance of hazardous 

19 materials exemptions and approvals functions. 

20 PIPELINE SAFETY

21 (PIPELINE SAFETY FUND)

22 (OIL SPILL LIABILITY TRUST FUND)

23 For expenses necessary to carry out a pipeline safety 

24 program, as authorized by section 60107 of title 49, 

25 United States Code, and to discharge the pipeline program 


pbinns on DSKJLVW7X2PROD with $$_JOB
99 

•S 4670 IS

1 responsibilities of the Oil Pollution Act of 1990 (Public 

2 Law 101–380), $192,969,000, to remain available until 

3 September 30, 2025, of which $27,650,000 shall be de4 rived from the Oil Spill Liability Trust Fund; of which 

5 $156,919,000 shall be derived from the Pipeline Safety 

6 Fund; of which $400,000 shall be derived from the fees 

7 collected under section 60303 of title 49, United States 

8 Code, and deposited in the Liquefied Natural Gas Siting 

9 Account for compliance reviews of liquefied natural gas 

10 facilities; and of which $8,000,000 shall be derived from 

11 fees collected under section 60302 of title 49, United 

12 States Code, and deposited in the Underground Natural 

13 Gas Storage Facility Safety Account for the purpose of 

14 carrying out section 60141 of title 49, United States Code: 

15 Provided, That not less than $1,058,000 of the amounts 

16 made available under this heading shall be for the One17 Call State grant program: Provided further, That any 

18 amounts made available under this heading in this Act or 

19 in prior Acts for research contracts, grants, cooperative 

20 agreements or research other transactions agreements 

21 (‘‘OTAs’’) shall require written notification to the House 

22 and Senate Committees on Appropriations not less than 

23 3 full business days before such research contracts, grants, 

24 cooperative agreements, or research OTAs are announced 

25 by the Department of Transportation: Provided further, 


pbinns on DSKJLVW7X2PROD with $$_JOB
100 

•S 4670 IS

1 That the Secretary shall transmit to the House and Sen2 ate Committees on Appropriations the report on pipeline 

3 safety testing enhancement as required pursuant to sec4 tion 105 of the Protecting our Infrastructure of Pipelines 

5 and Enhancing Safety Act of 2020 (division R of Public 

6 Law 116–260): Provided further, That the Secretary may 

7 obligate amounts made available under this heading to en8 gineer, erect, alter, and repair buildings or make any other 

9 public improvements for research facilities at the Trans10 portation Technology Center after the Secretary submits 

11 an updated research plan and the report in the preceding 

12 proviso to the House and Senate Committees on Appro13 priations and after such plan and report in the preceding 

14 proviso are approved by the House and Senate Commit15 tees on Appropriations. 

16 EMERGENCY PREPAREDNESS GRANTS

17 (LIMITATION ON OBLIGATIONS)

18 (EMERGENCY PREPAREDNESS FUND)

19 For expenses necessary to carry out the Emergency 

20 Preparedness Grants program, not more than 

21 $28,318,000 shall remain available until September 30, 

22 2025, from amounts made available by section 5116(h) 

23 and subsections (b) and (c) of section 5128 of title 49, 

24 United States Code: Provided, That notwithstanding sec25 tion 5116(h)(4) of title 49, United States Code, not more 


pbinns on DSKJLVW7X2PROD with $$_JOB
101 

•S 4670 IS

1 than 4 percent of the amounts made available from this 

2 account shall be available to pay the administrative costs 

3 of carrying out sections 5116, 5107(e), and 5108(g)(2) 

4 of title 49, United States Code: Provided further, That 

5 notwithstanding subsections (b) and (c) of section 5128 

6 of title 49, United States Code, and the limitation on obli7 gations provided under this heading, prior year recoveries 

8 recognized in the current year shall be available to develop 

9 and deliver hazardous materials emergency response train10 ing for emergency responders, including response activities 

11 for the transportation of crude oil, ethanol, flammable liq12 uids, and other hazardous commodities by rail, consistent 

13 with National Fire Protection Association standards, and 

14 to make such training available through an electronic for15 mat: Provided further, That the prior year recoveries made 

16 available under this heading shall also be available to carry 

17 out sections 5116(a)(1)(C), 5116(h), 5116(i), 5116(j), 

18 and 5107(e) of title 49, United States Code. 

19 OFFICE OF INSPECTOR GENERAL

20 SALARIES AND EXPENSES

21 For necessary expenses of the Office of Inspector 

22 General to carry out the provisions of the Inspector Gen23 eral Act of 1978, as amended, $108,073,000: Provided, 

24 That the Inspector General shall have all necessary au25 thority, in carrying out the duties specified in the InspecVerDate Sep 11 2014 00:06 Jul 29, 2022 Jkt 029200 PO 00000 Frm 00101 Fmt 6652 Sfmt 6201 E:\BILLS\S4670.IS S4670

pbinns on DSKJLVW7X2PROD with $$_JOB
102 

•S 4670 IS

1 tor General Act, as amended (5 U.S.C. App. 3), to inves2 tigate allegations of fraud, including false statements to 

3 the government (18 U.S.C. 1001), by any person or entity 

4 that is subject to regulation by the Department of Trans5 portation. 

6 GENERAL PROVISIONS—DEPARTMENT OF

7 TRANSPORTATION

8 SEC. 180. (a) During the current fiscal year, applica9 ble appropriations to the Department of Transportation 

10 shall be available for maintenance and operation of air11 craft; hire of passenger motor vehicles and aircraft; pur12 chase of liability insurance for motor vehicles operating 

13 in foreign countries on official department business; and 

14 uniforms or allowances therefor, as authorized by sections 

15 5901 and 5902 of title 5, United States Code. 

16 (b) During the current fiscal year, applicable appro17 priations to the Department and its operating administra18 tions shall be available for the purchase, maintenance, op19 eration, and deployment of unmanned aircraft systems 

20 that advance the missions of the Department of Transpor21 tation or an operating administration of the Department 

22 of Transportation. 

23 (c) Any unmanned aircraft system purchased, pro24 cured, or contracted for by the Department prior to the 

25 date of enactment of this Act shall be deemed authorized 


pbinns on DSKJLVW7X2PROD with $$_JOB
103 

•S 4670 IS

1 by Congress as if this provision was in effect when the 

2 system was purchased, procured, or contracted for. 

3 SEC. 181. Appropriations contained in this Act for 

4 the Department of Transportation shall be available for 

5 services as authorized by section 3109 of title 5, United 

6 States Code, but at rates for individuals not to exceed the 

7 per diem rate equivalent to the rate for an Executive Level 

8 IV. 

9 SEC. 182. (a) No recipient of amounts made available 

10 by this Act shall disseminate personal information (as de11 fined in section 2725(3) of title 18, United States Code) 

12 obtained by a State department of motor vehicles in con13 nection with a motor vehicle record as defined in section 

14 2725(1) of title 18, United States Code, except as pro15 vided in section 2721 of title 18, United States Code, for 

16 a use permitted under section 2721 of title 18, United 

17 States Code. 

18 (b) Notwithstanding subsection (a), the Secretary 

19 shall not withhold amounts made available by this Act for 

20 any grantee if a State is in noncompliance with this provi21 sion. 

22 SEC. 183. None of the funds made available by this 

23 Act shall be available for salaries and expenses of more 

24 than 125 political and Presidential appointees in the De25 partment of Transportation: Provided, That none of the 


pbinns on DSKJLVW7X2PROD with $$_JOB
104 

•S 4670 IS

1 personnel covered by this provision may be assigned on 

2 temporary detail outside the Department of Transpor3 tation. 

4 SEC. 184. Funds received by the Federal Highway 

5 Administration and Federal Railroad Administration from 

6 States, counties, municipalities, other public authorities, 

7 and private sources for expenses incurred for training may 

8 be credited respectively to the Federal Highway Adminis9 tration’s ‘‘Federal-Aid Highways’’ account and to the Fed10 eral Railroad Administration’s ‘‘Safety and Operations’’ 

11 account, except for State rail safety inspectors partici12 pating in training pursuant to section 20105 of title 49, 

13 United States Code. 

14 SEC. 185. None of the funds made available by this 

15 Act or in title VIII of division J of Public Law 117–58 

16 to the Department of Transportation may be used to make 

17 a loan, loan guarantee, line of credit, letter of intent, fed18 erally funded cooperative agreement, full funding grant 

19 agreement, or discretionary grant unless the Secretary of 

20 Transportation notifies the House and Senate Committees 

21 on Appropriations not less than 3 full business days before 

22 any project competitively selected to receive any discre23 tionary grant award, letter of intent, loan commitment, 

24 loan guarantee commitment, line of credit commitment, 

25 federally funded cooperative agreement, or full funding 


pbinns on DSKJLVW7X2PROD with $$_JOB
105 

•S 4670 IS

1 grant agreement is announced by the Department or its 

2 operating administrations: Provided, That the Secretary of 

3 Transportation shall provide the House and Senate Com4 mittees on Appropriations with a comprehensive list of all 

5 such loans, loan guarantees, lines of credit, letters of in6 tent, federally funded cooperative agreements, full funding 

7 grant agreements, and discretionary grants prior to the 

8 notification required under the preceding proviso: Pro9 vided further, That the Secretary gives concurrent notifi10 cation to the House and Senate Committees on Appropria11 tions for any ‘‘quick release’’ of funds from the emergency 

12 relief program: Provided further, That no notification shall 

13 involve funds that are not available for obligation. 

14 SEC. 186. Rebates, refunds, incentive payments, 

15 minor fees, and other funds received by the Department 

16 of Transportation from travel management centers, 

17 charge card programs, the subleasing of building space, 

18 and miscellaneous sources are to be credited to appropria19 tions of the Department of Transportation and allocated 

20 to organizational units of the Department of Transpor21 tation using fair and equitable criteria and such funds 

22 shall be available until expended. 

23 SEC. 187. Notwithstanding any other provision of 

24 law, if any funds provided by or limited by this Act are 

25 subject to a reprogramming action that requires notice to 


pbinns on DSKJLVW7X2PROD with $$_JOB
106 

•S 4670 IS

1 be provided to the House and Senate Committees on Ap2 propriations, transmission of such reprogramming notice 

3 shall be provided solely to the House and Senate Commit4 tees on Appropriations, and such reprogramming action 

5 shall be approved or denied solely by the House and Sen6 ate Committees on Appropriations: Provided, That the 

7 Secretary of Transportation may provide notice to other 

8 congressional committees of the action of the House and 

9 Senate Committees on Appropriations on such reprogram10 ming but not sooner than 30 days after the date on which 

11 the reprogramming action has been approved or denied by 

12 the House and Senate Committees on Appropriations. 

13 SEC. 188. Funds appropriated by this Act to the op14 erating administrations may be obligated for the Office of 

15 the Secretary for the costs related to assessments or reim16 bursable agreements only when such amounts are for the 

17 costs of goods and services that are purchased to provide 

18 a direct benefit to the applicable operating administration 

19 or administrations. 

20 SEC. 189. The Secretary of Transportation is author21 ized to carry out a program that establishes uniform 

22 standards for developing and supporting agency transit 

23 pass and transit benefits authorized under section 7905 

24 of title 5, United States Code, including distribution of 

25 transit benefits by various paper and electronic media. 


pbinns on DSKJLVW7X2PROD with $$_JOB
107 

•S 4670 IS

1 SEC. 190. The Department of Transportation may 

2 use funds provided by this Act, or any other Act, to assist 

3 a contract under title 49 or 23 of the United States Code 

4 utilizing geographic, economic, or any other hiring pref5 erence not otherwise authorized by law, or to amend a 

6 rule, regulation, policy or other measure that forbids a re7 cipient of a Federal Highway Administration or Federal 

8 Transit Administration grant from imposing such hiring 

9 preference on a contract or construction project with 

10 which the Department of Transportation is assisting, only 

11 if the grant recipient certifies the following: 

12 (1) that except with respect to apprentices or 

13 trainees, a pool of readily available but unemployed 

14 individuals possessing the knowledge, skill, and abil15 ity to perform the work that the contract requires 

16 resides in the jurisdiction; 

17 (2) that the grant recipient will include appro18 priate provisions in its bid document ensuring that 

19 the contractor does not displace any of its existing 

20 employees in order to satisfy such hiring preference; 

21 and 

22 (3) that any increase in the cost of labor, train23 ing, or delays resulting from the use of such hiring 

24 preference does not delay or displace any transpor25 tation project in the applicable Statewide TransporVerDate Sep 11 2014 00:06 Jul 29, 2022 Jkt 029200 PO 00000 Frm 00107 Fmt 6652 Sfmt 6201 E:\BILLS\S4670.IS S4670

pbinns on DSKJLVW7X2PROD with $$_JOB
108 

•S 4670 IS

1 tation Improvement Program or Transportation Im2 provement Program. 

3 SEC. 191. The Secretary of Transportation shall co4 ordinate with the Secretary of Homeland Security to en5 sure that best practices for Industrial Control Systems 

6 Procurement are up-to-date and shall ensure that systems 

7 procured with funds provided under this title were pro8 cured using such practices. 

9 SEC. 192. Amounts made available by this Act or any 

10 prior Act that the Secretary determines represent im11 proper payments by the Department of Transportation to 

12 a third-party contractor under a financial assistance 

13 award, which are recovered pursuant to law, shall be avail14 able— 

15 (1) to reimburse the actual expenses incurred 

16 by the Department of Transportation in recovering 

17 improper payments: Provided, That amounts made 

18 available by this Act shall be available until ex19 pended; and 

20 (2) to pay contractors for services provided in 

21 recovering improper payments or contractor support 

22 in the implementation of the Payment Integrity In23 formation Act of 2019 (Public Law 116–117): Pro24 vided, That amounts in excess of that required for 

25 paragraphs (1) and (2)— 


pbinns on DSKJLVW7X2PROD with $$_JOB
109 

•S 4670 IS

1 (A) shall be credited to and merged with 

2 the appropriation from which the improper pay3 ments were made, and shall be available for the 

4 purposes and period for which such appropria5 tions are available: Provided further, That 

6 where specific project or accounting information 

7 associated with the improper payment or pay8 ments is not readily available, the Secretary 

9 may credit the amounts to an appropriate ac10 count as offsetting collections and such 

11 amounts shall be available for the purposes and 

12 period associated with the account so credited: 

13 Provided further, That amounts credited to pro14 grams under this subparagraph shall not be 

15 subject to any limitation on obligations in this 

16 or any other Act; or 

17 (B) if no such appropriation remains avail18 able, shall be deposited in the Treasury as mis19 cellaneous receipts: Provided further, That prior 

20 to depositing such recovery in the Treasury, the 

21 Secretary shall notify the House and Senate 

22 Committees on Appropriations of the amount 

23 and reasons for such transfer: Provided further, 

24 That for purposes of this section, the term ‘‘im25 proper payment’’ has the same meaning as that 


pbinns on DSKJLVW7X2PROD with $$_JOB
110 

•S 4670 IS

1 provided in section 3351(4) of title 31, United 

2 States Code. 

3 This title may be cited as the ‘‘Department of Trans4 portation Appropriations Act, 2023’’. 


pbinns on DSKJLVW7X2PROD with $$_JOB
111 

•S 4670 IS

1 TITLE II 

2 DEPARTMENT OF HOUSING AND URBAN 

3 DEVELOPMENT 

4 MANAGEMENT AND ADMINISTRATION

5 EXECUTIVE OFFICES

6 For necessary salaries and expenses for Executive Of7 fices, which shall be comprised of the offices of the Sec8 retary, Deputy Secretary, Adjudicatory Services, Congres9 sional and Intergovernmental Relations, Public Affairs, 

10 Small and Disadvantaged Business Utilization, and the 

11 Center for Faith-Based and Neighborhood Partnerships, 

12 $19,300,000, to remain available until September 30, 

13 2024: Provided, That not to exceed $25,000 of the amount 

14 made available under this heading shall be available to the 

15 Secretary of Housing and Urban Development (referred 

16 to in this title as ‘‘the Secretary’’) for official reception 

17 and representation expenses as the Secretary may deter18 mine. 

19 ADMINISTRATIVE SUPPORT OFFICES

20 For necessary salaries and expenses for Administra21 tive Support Offices, $684,900,000, to remain available 

22 until September 30, 2024: Provided, That of the sums ap23 propriated under this heading— 

24 (1) $87,300,000 shall be available for the Office 

25 of the Chief Financial Officer; 


pbinns on DSKJLVW7X2PROD with $$_JOB
112 

•S 4670 IS

1 (2) $126,300,000 shall be available for the Of2 fice of the General Counsel, of which not less than 

3 $21,600,000 shall be for the Departmental Enforce4 ment Center; 

5 (3) $238,700,000 shall be available for the Of6 fice of Administration, of which not more than 

7 $5,100,000 may be for modernization and deferred 

8 maintenance of the Weaver Building; 

9 (4) $56,600,000 shall be available for the Office 

10 of the Chief Human Capital Officer; 

11 (5) $31,000,000 shall be available for the Office 

12 of the Chief Procurement Officer; 

13 (6) $68,100,000 shall be available for the Office 

14 of Field Policy and Management; 

15 (7) $5,700,000 shall be available for the Office 

16 of Departmental Equal Employment Opportunity; 

17 and 

18 (8) $71,200,000 shall be available for the Office 

19 of the Chief Information Officer: 

20 Provided further, That funds made available under this 

21 heading may be used for necessary administrative and 

22 non-administrative expenses of the Department, not other23 wise provided for, including purchase of uniforms, or al24 lowances therefor, as authorized by sections 5901 and 

25 5902 of title 5, United States Code; hire of passenger 


pbinns on DSKJLVW7X2PROD with $$_JOB
113 

•S 4670 IS

1 motor vehicles; and services as authorized by section 3109 

2 of title 5, United States Code: Provided further, That not3 withstanding any other provision of law, funds appro4 priated under this heading may be used for advertising 

5 and promotional activities that directly support program 

6 activities funded in this title: Provided further, That the 

7 Secretary shall provide the House and Senate Committees 

8 on Appropriations quarterly written notification regarding 

9 the status of pending congressional reports: Provided fur10 ther, That the Secretary shall provide in electronic form 

11 all signed reports required by Congress. 

12 PROGRAM OFFICES

13 For necessary salaries and expenses for Program Of14 fices, $1,062,500,000, to remain available until September 

15 30, 2024: Provided, That of the sums appropriated under 

16 this heading— 

17 (1) $283,800,000 shall be available for the Of18 fice of Public and Indian Housing; 

19 (2) $162,300,000 shall be available for the Of20 fice of Community Planning and Development; 

21 (3) $464,000,000 shall be available for the Of22 fice of Housing, of which not less than $13,300,000 

23 shall be for the Office of Recapitalization; 

24 (4) $43,100,000 shall be available for the Office 

25 of Policy Development and Research; 


pbinns on DSKJLVW7X2PROD with $$_JOB
114 

•S 4670 IS

1 (5) $97,600,000 shall be available for the Office 

2 of Fair Housing and Equal Opportunity; and 

3 (6) $11,700,000 shall be available for the Office 

4 of Lead Hazard Control and Healthy Homes. 

5 WORKING CAPITAL FUND

6 (INCLUDING TRANSFER OF FUNDS)

7 For the working capital fund for the Department of 

8 Housing and Urban Development (referred to in this para9 graph as the ‘‘Fund’’), pursuant, in part, to section 7(f) 

10 of the Department of Housing and Urban Development 

11 Act (42 U.S.C. 3535(f)), amounts transferred, including 

12 reimbursements pursuant to section 7(f), to the Fund 

13 under this heading shall be available only for Federal 

14 shared services used by offices and agencies of the Depart15 ment, and for any such portion of any office or agency’s 

16 printing, records management, space renovation, fur17 niture, or supply services the Secretary has determined 

18 shall be provided through the Fund, and the operational 

19 expenses of the Fund: Provided, That amounts within the 

20 Fund shall not be available to provide services not specifi21 cally authorized under this heading: Provided further, 

22 That upon a determination by the Secretary that any 

23 other service (or portion thereof) authorized under this 

24 heading shall be provided through the Fund, amounts 

25 made available in this title for salaries and expenses under 


pbinns on DSKJLVW7X2PROD with $$_JOB
115 

•S 4670 IS

1 the headings ‘‘Executive Offices’’, ‘‘Administrative Sup2 port Offices’’, ‘‘Program Offices’’, and ‘‘Government Na3 tional Mortgage Association’’, for such services shall be 

4 transferred to the Fund, to remain available until ex5 pended: Provided further, That the Secretary shall notify 

6 the House and Senate Committees on Appropriations of 

7 its plans for executing such transfers at least 15 days in 

8 advance of such transfers. 

9 PUBLIC AND INDIAN HOUSING

10 TENANT-BASED RENTAL ASSISTANCE

11 For activities and assistance for the provision of ten12 ant-based rental assistance authorized under the United 

13 States Housing Act of 1937, as amended (42 U.S.C. 1437 

14 et seq.) (in this title ‘‘the Act’’), not otherwise provided 

15 for, $26,181,550,000, to remain available until expended, 

16 which shall be available on October 1, 2022 (in addition 

17 to the $4,000,000,000 previously appropriated under this 

18 heading that shall be available on October 1, 2022), and 

19 $4,000,000,000, to remain available until expended, which 

20 shall be available on October 1, 2023: Provided, That of 

21 the sums appropriated under this heading— 

22 (1) $26,184,000,000 shall be available for re23 newals of expiring section 8 tenant-based annual 

24 contributions contracts (including renewals of en25 hanced vouchers under any provision of law authorVerDate Sep 11 2014 00:06 Jul 29, 2022 Jkt 029200 PO 00000 Frm 00115 Fmt 6652 Sfmt 6201 E:\BILLS\S4670.IS S4670

pbinns on DSKJLVW7X2PROD with $$_JOB
116 

•S 4670 IS

1 izing such assistance under section 8(t) of the Act) 

2 and including renewal of other special purpose incre3 mental vouchers: Provided, That notwithstanding 

4 any other provision of law, from amounts provided 

5 under this paragraph and any carryover, the Sec6 retary for the calendar year 2023 funding cycle shall 

7 provide renewal funding for each public housing 

8 agency based on validated voucher management sys9 tem (VMS) leasing and cost data for the prior cal10 endar year and by applying an inflation factor as es11 tablished by the Secretary, by notice published in 

12 the Federal Register, and by making any necessary 

13 adjustments for the costs associated with the first14 time renewal of vouchers under this paragraph in15 cluding tenant protection and Choice Neighborhoods 

16 vouchers: Provided further, That none of the funds 

17 provided under this paragraph may be used to fund 

18 a total number of unit months under lease which ex19 ceeds a public housing agency’s authorized level of 

20 units under contract, except for public housing agen21 cies participating in the Moving to Work (MTW) 

22 demonstration, which are instead governed in ac23 cordance with the requirements of the MTW dem24 onstration program or their MTW agreements, if 

25 any: Provided further, That the Secretary shall, to 


pbinns on DSKJLVW7X2PROD with $$_JOB
117 

•S 4670 IS

1 the extent necessary to stay within the amount spec2 ified under this paragraph (except as otherwise 

3 modified under this paragraph), prorate each public 

4 housing agency’s allocation otherwise established 

5 pursuant to this paragraph: Provided further, That 

6 except as provided in the following provisos, the en7 tire amount specified under this paragraph (except 

8 as otherwise modified under this paragraph) shall be 

9 obligated to the public housing agencies based on the 

10 allocation and pro rata method described above, and 

11 the Secretary shall notify public housing agencies of 

12 their annual budget by the latter of 60 days after 

13 enactment of this Act or March 1, 2023: Provided 

14 further, That the Secretary may extend the notifica15 tion period with the prior written approval of the 

16 House and Senate Committees on Appropriations: 

17 Provided further, That public housing agencies par18 ticipating in the MTW demonstration shall be fund19 ed in accordance with the requirements of the MTW 

20 demonstration program or their MTW agreements, 

21 if any, and shall be subject to the same pro rata ad22 justments under the preceding provisos: Provided 

23 further, That the Secretary may offset public hous24 ing agencies’ calendar year 2023 allocations based 

25 on the excess amounts of public housing agencies’ 


pbinns on DSKJLVW7X2PROD with $$_JOB
118 

•S 4670 IS

1 net restricted assets accounts, including HUD-held 

2 programmatic reserves (in accordance with VMS 

3 data in calendar year 2022 that is verifiable and 

4 complete), as determined by the Secretary: Provided 

5 further, That public housing agencies participating 

6 in the MTW demonstration shall also be subject to 

7 the offset, as determined by the Secretary, excluding 

8 amounts subject to the single fund budget authority 

9 provisions of their MTW agreements, from the agen10 cies’ calendar year 2023 MTW funding allocation: 

11 Provided further, That the Secretary shall use any 

12 offset referred to in the preceding two provisos 

13 throughout the calendar year to prevent the termi14 nation of rental assistance for families as the result 

15 of insufficient funding, as determined by the Sec16 retary, and to avoid or reduce the proration of re17 newal funding allocations: Provided further, That up 

18 to $200,000,000 shall be available only: 

19 (A) for adjustments in the allocations for 

20 public housing agencies, after application for an 

21 adjustment by a public housing agency that ex22 perienced a significant increase, as determined 

23 by the Secretary, in renewal costs of vouchers 

24 resulting from unforeseen circumstances or 

25 from portability under section 8(r) of the Act; 


pbinns on DSKJLVW7X2PROD with $$_JOB
119 

•S 4670 IS

1 (B) for vouchers that were not in use dur2 ing the previous 12-month period in order to be 

3 available to meet a commitment pursuant to 

4 section 8(o)(13) of the Act, or an adjustment 

5 for a funding obligation not yet expended in the 

6 previous calendar year for a MTW-eligible ac7 tivity to develop affordable housing for an agen8 cy added to the MTW demonstration under the 

9 expansion authority provided in section 239 of 

10 the Transportation, Housing and Urban Devel11 opment, and Related Agencies Appropriations 

12 Act, 2016 (division L of Public Law 114–113); 

13 (C) for adjustments for costs associated 

14 with HUD–Veterans Affairs Supportive Hous15 ing (HUD–VASH) vouchers; 

16 (D) for public housing agencies that de17 spite taking reasonable cost savings measures, 

18 as determined by the Secretary, would other19 wise be required to terminate rental assistance 

20 for families as a result of insufficient funding; 

21 (E) for adjustments in the allocations for 

22 public housing agencies that— 

23 (i) are leasing a lower-than-average 

24 percentage of their authorized vouchers, 


pbinns on DSKJLVW7X2PROD with $$_JOB
120 

•S 4670 IS

1 (ii) have low amounts of budget au2 thority in their net restricted assets ac3 counts and HUD-held programmatic re4 serves, relative to other agencies, and 

5 (iii) are not participating in the Mov6 ing to Work demonstration, to enable such 

7 agencies to lease more vouchers; 

8 (F) for withheld payments in accordance 

9 with section 8(o)(8)(A)(ii) of the Act for 

10 months in the previous calendar year that were 

11 subsequently paid by the public housing agency 

12 after the agency’s actual costs were validated; 

13 and 

14 (G) for public housing agencies that have 

15 experienced increased costs or loss of units in 

16 an area for which the President declared a dis17 aster under title IV of the Robert T. Stafford 

18 Disaster Relief and Emergency Assistance Act 

19 (42 U.S.C. 5170 et seq.): 

20 Provided further, That the Secretary shall allocate 

21 amounts under the preceding proviso based on need, 

22 as determined by the Secretary; 

23 (2) $363,938,000 shall be available for section 

24 8 rental assistance for relocation and replacement of 

25 housing units that are demolished or disposed of 


pbinns on DSKJLVW7X2PROD with $$_JOB
121 

•S 4670 IS

1 pursuant to section 18 of the Act, conversion of sec2 tion 23 projects to assistance under section 8, relo3 cation of witnesses (including victims of violent 

4 crimes) in connection with efforts to combat crime 

5 in public and assisted housing pursuant to a request 

6 from a law enforcement or prosecution agency, en7 hanced vouchers under any provision of law author8 izing such assistance under section 8(t) of the Act, 

9 Choice Neighborhood vouchers, mandatory and vol10 untary conversions, and tenant protection assistance 

11 including replacement and relocation assistance or 

12 for project-based assistance to prevent the displace13 ment of unassisted elderly tenants currently residing 

14 in section 202 properties financed between 1959 and 

15 1974 that are refinanced pursuant to Public Law 

16 106–569, as amended, or under the authority as 

17 provided under this Act: Provided, That when a pub18 lic housing development is submitted for demolition 

19 or disposition under section 18 of the Act, the Sec20 retary may provide section 8 rental assistance when 

21 the units pose an imminent health and safety risk to 

22 residents: Provided further, That the Secretary may 

23 provide section 8 rental assistance from amounts 

24 made available under this paragraph for units as25 sisted under a project-based subsidy contract funded 


pbinns on DSKJLVW7X2PROD with $$_JOB
122 

•S 4670 IS

1 under the ‘‘Project-Based Rental Assistance’’ head2 ing under this title where the owner has received a 

3 Notice of Default and the units pose an imminent 

4 health and safety risk to residents: Provided further, 

5 That of the amounts made available under this para6 graph, no less than $5,000,000 may be available to 

7 provide tenant protection assistance, not otherwise 

8 provided under this paragraph, to residents residing 

9 in low vacancy areas and who may have to pay rents 

10 greater than 30 percent of household income, as the 

11 result of: (A) the maturity of a HUD-insured, HUD12 held or section 202 loan that requires the permission 

13 of the Secretary prior to loan prepayment; (B) the 

14 expiration of a rental assistance contract for which 

15 the tenants are not eligible for enhanced voucher or 

16 tenant protection assistance under existing law; or 

17 (C) the expiration of affordability restrictions accom18 panying a mortgage or preservation program admin19 istered by the Secretary: Provided further, That such 

20 tenant protection assistance made available under 

21 the preceding proviso may be provided under the au22 thority of section 8(t) or section 8(o)(13) of the Act: 

23 Provided further, That any tenant protection voucher 

24 made available from amounts under this paragraph 

25 shall not be reissued by any public housing agency, 


pbinns on DSKJLVW7X2PROD with $$_JOB
123 

•S 4670 IS

1 except the replacement vouchers as defined by the 

2 Secretary by notice, when the initial family that re3 ceived any such voucher no longer receives such 

4 voucher, and the authority for any public housing 

5 agency to issue any such voucher shall cease to exist: 

6 Provided further, That the Secretary may only pro7 vide replacement vouchers for units that were occu8 pied within the previous 24 months that cease to be 

9 available as assisted housing, subject only to the 

10 availability of funds; 

11 (3) $2,801,612,000 shall be available for ad12 ministrative and other expenses of public housing 

13 agencies in administering the section 8 tenant-based 

14 rental assistance program, of which up to 

15 $30,000,000 shall be available to the Secretary to al16 locate to public housing agencies that need addi17 tional funds to administer their section 8 programs, 

18 including fees associated with section 8 tenant pro19 tection rental assistance, the administration of dis20 aster related vouchers, HUD–VASH vouchers, and 

21 other special purpose incremental vouchers: Pro22 vided, That no less than $2,771,612,000 of the 

23 amount provided in this paragraph shall be allocated 

24 to public housing agencies for the calendar year 

25 2023 funding cycle based on section 8(q) of the Act 


pbinns on DSKJLVW7X2PROD with $$_JOB
124 

•S 4670 IS

1 (and related Appropriation Act provisions) as in ef2 fect immediately before the enactment of the Quality 

3 Housing and Work Responsibility Act of 1998 (Pub4 lic Law 105–276): Provided further, That if the 

5 amounts made available under this paragraph are 

6 insufficient to pay the amounts determined under 

7 the preceding proviso, the Secretary may decrease 

8 the amounts allocated to agencies by a uniform per9 centage applicable to all agencies receiving funding 

10 under this paragraph or may, to the extent nec11 essary to provide full payment of amounts deter12 mined under the preceding proviso, utilize unobli13 gated balances, including recaptures and carryover, 

14 remaining from funds appropriated to the Depart15 ment of Housing and Urban Development under this 

16 heading from prior fiscal years, excluding special 

17 purpose vouchers, notwithstanding the purposes for 

18 which such amounts were appropriated: Provided 

19 further, That all public housing agencies partici20 pating in the MTW demonstration shall be funded 

21 in accordance with the requirements of the MTW 

22 demonstration program or their MTW agreements, 

23 if any, and shall be subject to the same uniform per24 centage decrease as under the preceding proviso: 

25 Provided further, That amounts provided under this 


pbinns on DSKJLVW7X2PROD with $$_JOB
125 

•S 4670 IS

1 paragraph shall be only for activities related to the 

2 provision of tenant-based rental assistance author3 ized under section 8, including related development 

4 activities; 

5 (4) $667,000,000 shall be available for the re6 newal of tenant-based assistance contracts under 

7 section 811 of the Cranston-Gonzalez National Af8 fordable Housing Act (42 U.S.C. 8013), including 

9 necessary administrative expenses: Provided, That 

10 administrative and other expenses of public housing 

11 agencies in administering the special purpose vouch12 ers in this paragraph shall be funded under the 

13 same terms and be subject to the same pro rata re14 duction as the percent decrease for administrative 

15 and other expenses to public housing agencies under 

16 paragraph (3) of this heading: Provided further, 

17 That up to $10,000,000 shall be available only— 

18 (A) for adjustments in the allocation for 

19 public housing agencies, after applications for 

20 an adjustment by a public housing agency that 

21 experienced a significant increase, as deter22 mined by the Secretary, in Mainstream renewal 

23 costs resulting from unforeseen circumstances; 

24 and 


pbinns on DSKJLVW7X2PROD with $$_JOB
126 

•S 4670 IS

1 (B) for public housing agencies that de2 spite taking reasonable cost savings measures, 

3 as determined by the Secretary, would other4 wise be required to terminate the rental assist5 ance for Mainstream families as a result of in6 sufficient funding: 

7 Provided further, That the Secretary shall allocate 

8 amounts under the preceding proviso based on need, 

9 as determined by the Secretary: Provided further, 

10 That upon turnover, section 811 special purpose 

11 vouchers funded under this heading in this or prior 

12 Acts, or under any other heading in prior Acts, shall 

13 be provided to non-elderly persons with disabilities; 

14 (5) Of the amounts provided under paragraph 

15 (1), up to $5,000,000 shall be available for rental 

16 assistance and associated administrative fees for 

17 Tribal HUD–VASH to serve Native American vet18 erans that are homeless or at-risk of homelessness 

19 living on or near a reservation or other Indian areas: 

20 Provided, That such amount shall be made available 

21 for renewal grants to recipients that received assist22 ance under prior Acts under the Tribal HUD–VASH 

23 program: Provided further, That the Secretary shall 

24 be authorized to specify criteria for renewal grants, 

25 including data on the utilization of assistance reVerDate Sep 11 2014 00:06 Jul 29, 2022 Jkt 029200 PO 00000 Frm 00126 Fmt 6652 Sfmt 6201 E:\BILLS\S4670.IS S4670

pbinns on DSKJLVW7X2PROD with $$_JOB
127 

•S 4670 IS

1 ported by grant recipients: Provided further, That 

2 such assistance shall be administered in accordance 

3 with program requirements under the Native Amer4 ican Housing Assistance and Self-Determination Act 

5 of 1996 and modeled after the HUD–VASH pro6 gram: Provided further, That the Secretary shall be 

7 authorized to waive, or specify alternative require8 ments for any provision of any statute or regulation 

9 that the Secretary administers in connection with 

10 the use of funds made available under this para11 graph (except for requirements related to fair hous12 ing, nondiscrimination, labor standards, and the en13 vironment), upon a finding by the Secretary that 

14 any such waivers or alternative requirements are 

15 necessary for the effective delivery and administra16 tion of such assistance: Provided further, That grant 

17 recipients shall report to the Secretary on utilization 

18 of such rental assistance and other program data, as 

19 prescribed by the Secretary: Provided further, That 

20 the Secretary may reallocate, as determined by the 

21 Secretary, amounts returned or recaptured from 

22 awards under the Tribal HUD–VASH program 

23 under prior Acts to existing recipients under the 

24 Tribal HUD–VASH program; 


pbinns on DSKJLVW7X2PROD with $$_JOB
128 

•S 4670 IS

1 (6) $85,000,000 shall be available for incre2 mental rental voucher assistance for use through a 

3 supported housing program administered in conjunc4 tion with the Department of Veterans Affairs as au5 thorized under section 8(o)(19) of the United States 

6 Housing Act of 1937: Provided, That the Secretary 

7 of Housing and Urban Development shall make such 

8 funding available, notwithstanding section 203 (com9 petition provision) of this title, to public housing 

10 agencies that partner with eligible VA Medical Cen11 ters or other entities as designated by the Secretary 

12 of the Department of Veterans Affairs, based on 

13 geographical need for such assistance as identified 

14 by the Secretary of the Department of Veterans Af15 fairs, public housing agency administrative perform16 ance, and other factors as specified by the Secretary 

17 of Housing and Urban Development in consultation 

18 with the Secretary of the Department of Veterans 

19 Affairs: Provided further, That the Secretary of 

20 Housing and Urban Development may waive, or 

21 specify alternative requirements for (in consultation 

22 with the Secretary of the Department of Veterans 

23 Affairs), any provision of any statute or regulation 

24 that the Secretary of Housing and Urban Develop25 ment administers in connection with the use of 


pbinns on DSKJLVW7X2PROD with $$_JOB
129 

•S 4670 IS

1 funds made available under this paragraph (except 

2 for requirements related to fair housing, non3 discrimination, labor standards, and the environ4 ment), upon a finding by the Secretary that any 

5 such waivers or alternative requirements are nec6 essary for the effective delivery and administration 

7 of such voucher assistance: Provided further, That 

8 assistance made available under this paragraph shall 

9 continue to remain available for homeless veterans 

10 upon turn-over: Provided further, That of the total 

11 amount made available under this paragraph, up to 

12 $10,000,000 may be for additional fees established 

13 by and allocated pursuant to a method determined 

14 by the Secretary for administrative and other ex15 penses (including those eligible activities defined by 

16 notice to facilitate leasing, such as security deposit 

17 assistance and costs related to the retention and 

18 support of participating owners) of public housing 

19 agencies in administering HUD–VASH vouchers; 

20 (7) $30,000,000 shall be available for the fam21 ily unification program as authorized under section 

22 8(x) of the Act: Provided, That the amounts made 

23 available under this paragraph are provided as fol24 lows: 


pbinns on DSKJLVW7X2PROD with $$_JOB
130 

•S 4670 IS

1 (A) $5,000,000 shall be available for new 

2 incremental voucher assistance: Provided, That 

3 the assistance made available under this sub4 paragraph shall continue to remain available for 

5 family unification upon turnover; and 

6 (B) $25,000,000 shall be available for new 

7 incremental voucher assistance to assist eligible 

8 youth as defined by such section 8(x)(2)(B) of 

9 the Act: Provided, That assistance made avail10 able under this subparagraph shall continue to 

11 remain available for such eligible youth upon 

12 turnover: Provided further, That of the total 

13 amount made available under this subpara14 graph, up to $15,000,000 shall be available on 

15 a noncompetitive basis to public housing agen16 cies that partner with public child welfare agen17 cies to identify such eligible youth, that request 

18 such assistance to timely assist such eligible 

19 youth, and that meet any other criteria as spec20 ified by the Secretary: Provided further, That 

21 the Secretary shall review utilization of the as22 sistance made available under the preceding 

23 proviso, at an interval to be determined by the 

24 Secretary, and unutilized voucher assistance 

25 that is no longer needed shall be recaptured by 


pbinns on DSKJLVW7X2PROD with $$_JOB
131 

•S 4670 IS

1 the Secretary and reallocated pursuant to the 

2 preceding proviso: 

3 Provided further, That for any public housing agency 

4 administering voucher assistance appropriated in a 

5 prior Act under the family unification program, or 

6 made available and competitively selected under this 

7 paragraph, that determines that it no longer has an 

8 identified need for such assistance upon turnover, 

9 such agency shall notify the Secretary, and the Sec10 retary shall recapture such assistance from the agen11 cy and reallocate it to any other public housing 

12 agency or agencies based on need for voucher assist13 ance in connection with such specified program or 

14 eligible youth, as applicable; 

15 (8) $50,000,000 shall be available for new in16 cremental voucher assistance under section 8(o) of 

17 the Act to be allocated pursuant to a method, as de18 termined by the Secretary, which may include a for19 mula that may include such factors as severe cost 

20 burden, overcrowding, substandard housing for very 

21 low-income renters, homelessness, and administrative 

22 capacity, where such allocation method shall include 

23 both rural and urban areas: Provided, That the Sec24 retary may specify additional terms and conditions 

25 to ensure that public housing agencies provide 


pbinns on DSKJLVW7X2PROD with $$_JOB
132 

•S 4670 IS

1 vouchers for use by survivors of domestic violence, or 

2 individuals and families who are homeless, as de3 fined in section 103(a) of the McKinney-Vento 

4 Homeless Assistance Act (42 U.S.C. 11302(a)), or 

5 at risk of homelessness, as defined in section 401(1) 

6 of such Act (42 U.S.C. 11360(1)); and 

7 (9) the Secretary shall separately track all spe8 cial purpose vouchers funded under this heading. 

9 HOUSING CERTIFICATE FUND

10 (INCLUDING RESCISSIONS)

11 Unobligated balances, including recaptures and car12 ryover, remaining from funds appropriated to the Depart13 ment of Housing and Urban Development under this 

14 heading, the heading ‘‘Annual Contributions for Assisted 

15 Housing’’ and the heading ‘‘Project-Based Rental Assist16 ance’’, for fiscal year 2023 and prior years may be used 

17 for renewal of or amendments to section 8 project-based 

18 contracts and for performance-based contract administra19 tors, notwithstanding the purposes for which such funds 

20 were appropriated: Provided, That any obligated balances 

21 of contract authority from fiscal year 1974 and prior fiscal 

22 years that have been terminated shall be rescinded: Pro23 vided further, That amounts heretofore recaptured, or re24 captured during the current fiscal year, from section 8 

25 project-based contracts from source years fiscal year 1975 


pbinns on DSKJLVW7X2PROD with $$_JOB
133 

•S 4670 IS

1 through fiscal year 1987 are hereby rescinded, and an 

2 amount of additional new budget authority, equivalent to 

3 the amount rescinded is hereby appropriated, to remain 

4 available until expended, for the purposes set forth under 

5 this heading, in addition to amounts otherwise available. 

6 PUBLIC HOUSING FUND

7 For 2023 payments to public housing agencies for the 

8 operation and management of public housing, as author9 ized by section 9(e) of the United States Housing Act of 

10 1937 (42 U.S.C. 1437g(e)) (the ‘‘Act’’), and to carry out 

11 capital and management activities for public housing 

12 agencies, as authorized under section 9(d) of the Act (42 

13 U.S.C. 1437g(d)), $8,468,500,000, to remain available 

14 until September 30, 2026: Provided, That of the sums ap15 propriated under this heading— 

16 (1) $5,038,500,000 shall be available for the 

17 Secretary to allocate pursuant to the Operating 

18 Fund formula at part 990 of title 24, Code of Fed19 eral Regulations, for 2023 payments; 

20 (2) $25,000,000 shall be available for the Sec21 retary to allocate pursuant to a need-based applica22 tion process notwithstanding section 203 of this title 

23 and not subject to such Operating Fund formula to 

24 public housing agencies that experience, or are at 

25 risk of, financial shortfalls, as determined by the 


pbinns on DSKJLVW7X2PROD with $$_JOB
134 

•S 4670 IS

1 Secretary: Provided, That after all such shortfall 

2 needs are met, the Secretary may distribute any re3 maining funds to all public housing agencies on a 

4 pro-rata basis pursuant to such Operating Fund for5 mula; 

6 (3) $3,225,000,000 shall be available for the 

7 Secretary to allocate pursuant to the Capital Fund 

8 formula at section 905.400 of title 24, Code of Fed9 eral Regulations: Provided, That for funds provided 

10 under this paragraph, the limitation in section 

11 9(g)(1) of the Act shall be 25 percent: Provided fur12 ther, That the Secretary may waive the limitation in 

13 the preceding proviso to allow public housing agen14 cies to fund activities authorized under section 

15 9(e)(1)(C) of the Act: Provided further, That the 

16 Secretary shall notify public housing agencies re17 questing waivers under the preceding proviso if the 

18 request is approved or denied within 14 days of sub19 mitting the request: Provided further, That from the 

20 funds made available under this paragraph, the Sec21 retary shall provide bonus awards in fiscal year 

22 2023 to public housing agencies that are designated 

23 high performers: Provided further, That the Depart24 ment shall notify public housing agencies of their 


pbinns on DSKJLVW7X2PROD with $$_JOB
135 

•S 4670 IS

1 formula allocation within 60 days of enactment of 

2 this Act; 

3 (4) $50,000,000 shall be available for the Sec4 retary to make grants, notwithstanding section 203 

5 of this title, to public housing agencies for emer6 gency capital needs, including safety and security 

7 measures necessary to address crime and drug-re8 lated activity, as well as needs resulting from unfore9 seen or unpreventable emergencies and natural dis10 asters excluding Presidentially declared emergencies 

11 and natural disasters under the Robert T. Stafford 

12 Disaster Relief and Emergency Act (42 U.S.C. 5121 

13 et seq.) occurring in fiscal year 2023, of which 

14 $20,000,000 shall be available for public housing 

15 agencies under administrative and judicial receiver16 ships or under the control of a Federal monitor: 

17 Provided, That of the amount made available under 

18 this paragraph, not less than $10,000,000 shall be 

19 for safety and security measures: Provided further, 

20 That in addition to the amount in the preceding pro21 viso for such safety and security measures, any 

22 amounts that remain available, after all applications 

23 received on or before September 30, 2024, for emer24 gency capital needs have been processed, shall be alVerDate Sep 11 2014 00:06 Jul 29, 2022 Jkt 029200 PO 00000 Frm 00135 Fmt 6652 Sfmt 6201 E:\BILLS\S4670.IS S4670

pbinns on DSKJLVW7X2PROD with $$_JOB
136 

•S 4670 IS

1 located to public housing agencies for such safety 

2 and security measures; 

3 (5) $65,000,000 shall be available for competi4 tive grants to public housing agencies to evaluate 

5 and reduce residential health hazards in public hous6 ing, including lead-based paint (by carrying out the 

7 activities of risk assessments, abatement, and in8 terim controls, as those terms are defined in section 

9 1004 of the Residential Lead-Based Paint Hazard 

10 Reduction Act of 1992 (42 U.S.C. 4851b)), carbon 

11 monoxide, mold, radon, and fire safety: Provided, 

12 That not less than $25,000,000 of the amounts pro13 vided under this paragraph shall be awarded for 

14 evaluating and reducing lead-based paint hazards: 

15 Provided further, That for purposes of environmental 

16 review, a grant under this paragraph shall be consid17 ered funds for projects or activities under title I of 

18 the Act for purposes of section 26 of the Act (42 

19 U.S.C. 1437x) and shall be subject to the regula20 tions implementing such section: Provided further, 

21 That amounts made available under this paragraph 

22 shall be combined with amounts made available 

23 under the sixth paragraph under this heading in the 

24 Consolidated Appropriations Act, 2021 (Public Law 


pbinns on DSKJLVW7X2PROD with $$_JOB
137 

•S 4670 IS

1 116–260) and shall be used in accordance with the 

2 purposes and requirements under this paragraph; 

3 (6) $15,000,000 shall be available to support 

4 the costs of administrative and judicial receiverships 

5 and for competitive grants to PHAs in receivership, 

6 designated troubled or substandard, or otherwise at 

7 risk, as determined by the Secretary, for costs asso8 ciated with public housing asset improvement, in ad9 dition to other amounts for that purpose provided 

10 under any heading under this title; and 

11 (7) $50,000,000 shall be available to support 

12 ongoing public housing financial and physical assess13 ment activities: 

14 Provided further, That notwithstanding any other provi15 sion of law or regulation, during fiscal year 2023, the Sec16 retary of Housing and Urban Development may not dele17 gate to any Department official other than the Deputy 

18 Secretary and the Assistant Secretary for Public and In19 dian Housing any authority under paragraph (2) of sec20 tion 9(j) of the Act regarding the extension of the time 

21 periods under such section: Provided further, That for pur22 poses of such section 9(j), the term ‘‘obligate’’ means, with 

23 respect to amounts, that the amounts are subject to a 

24 binding agreement that will result in outlays, immediately 

25 or in the future. 


pbinns on DSKJLVW7X2PROD with $$_JOB
138 

•S 4670 IS

1 CHOICE NEIGHBORHOODS INITIATIVE

2 For competitive grants under the Choice Neighbor3 hoods Initiative (subject to section 24 of the United States 

4 Housing Act of 1937 (42 U.S.C. 1437v) unless otherwise 

5 specified under this heading), for transformation, rehabili6 tation, and replacement housing needs of both public and 

7 HUD-assisted housing and to transform neighborhoods of 

8 poverty into functioning, sustainable, mixed-income neigh9 borhoods with appropriate services, schools, public assets, 

10 transportation, and access to jobs, $250,000,000, to re11 main available until September 30, 2027: Provided, That 

12 grant funds may be used for resident and community serv13 ices, community development, and affordable housing 

14 needs in the community, and for conversion of vacant or 

15 foreclosed properties to affordable housing: Provided fur16 ther, That not more than 20 percent of the amount of any 

17 grant made with amounts made available under this head18 ing may be used for necessary supportive services notwith19 standing subsection (d)(1)(L) of such section 24: Provided 

20 further, That the use of amounts made available under this 

21 heading shall not be deemed to be for public housing, not22 withstanding section 3(b)(1) of such Act: Provided further, 

23 That grantees shall commit to an additional period of af24 fordability determined by the Secretary of not fewer than 

25 20 years: Provided further, That grantees shall provide a 


pbinns on DSKJLVW7X2PROD with $$_JOB
139 

•S 4670 IS

1 match in State, local, other Federal, or private funds: Pro2 vided further, That grantees may include local govern3 ments, Tribal entities, public housing agencies, and non4 profit organizations: Provided further, That for-profit de5 velopers may apply jointly with a public entity: Provided 

6 further, That for purposes of environmental review, a 

7 grantee shall be treated as a public housing agency under 

8 section 26 of the United States Housing Act of 1937 (42 

9 U.S.C. 1437x), and grants made with amounts available 

10 under this heading shall be subject to the regulations 

11 issued by the Secretary to implement such section: Pro12 vided further, That of the amounts made available under 

13 this heading, not less than $125,000,000 shall be awarded 

14 to public housing agencies: Provided further, That such 

15 grantees shall create partnerships with other local organi16 zations, including assisted housing owners, service agen17 cies, and resident organizations: Provided further, That 

18 the Secretary shall consult with the Secretaries of Edu19 cation, Labor, Transportation, Health and Human Serv20 ices, Agriculture, and Commerce, the Attorney General, 

21 and the Administrator of the Environmental Protection 

22 Agency to coordinate and leverage other appropriate Fed23 eral resources: Provided further, That not more than 

24 $10,000,000 of the amounts made available under this 

25 heading may be provided as grants to undertake comVerDate Sep 11 2014 00:06 Jul 29, 2022 Jkt 029200 PO 00000 Frm 00139 Fmt 6652 Sfmt 6201 E:\BILLS\S4670.IS S4670

pbinns on DSKJLVW7X2PROD with $$_JOB
140 

•S 4670 IS

1 prehensive local planning with input from residents and 

2 the community: Provided further, That unobligated bal3 ances, including recaptures, remaining from amounts 

4 made available under the heading ‘‘Revitalization of Se5 verely Distressed Public Housing (HOPE VI)’’ in fiscal 

6 year 2011 and prior fiscal years may be used for purposes 

7 under this heading, notwithstanding the purposes for 

8 which such amounts were appropriated: Provided further, 

9 That the Secretary shall make grant awards not later than 

10 1 year after the date of enactment of this Act in such 

11 amounts that the Secretary determines: Provided further, 

12 That notwithstanding section 24(o) of the United States 

13 Housing Act of 1937 (42 U.S.C. 1437v(o)), the Secretary 

14 may, until September 30, 2023, obligate any available un15 obligated balances made available under this heading in 

16 this or any prior Act. 

17 SELF-SUFFICIENCY PROGRAMS

18 For activities and assistance related to Self-Suffi19 ciency Programs, to remain available until September 30, 

20 2026, $200,000,000: Provided, That of the sums appro21 priated under this heading— 

22 (1) $150,000,000 shall be available for the 

23 Family Self-Sufficiency program to support family 

24 self-sufficiency coordinators under section 23 of the 

25 United States Housing Act of 1937 (42 U.S.C. 


pbinns on DSKJLVW7X2PROD with $$_JOB
141 

•S 4670 IS

1 1437u), to promote the development of local strate2 gies to coordinate the use of assistance under sec3 tions 8 and 9 of such Act with public and private 

4 resources, and enable eligible families to achieve eco5 nomic independence and self-sufficiency: Provided, 

6 That the Secretary may, by Federal Register notice, 

7 waive or specify alternative requirements under sub8 sections (b)(3), (b)(4), (b)(5), or (c)(1) of section 23 

9 of such Act in order to facilitate the operation of a 

10 unified self-sufficiency program for individuals re11 ceiving assistance under different provisions of such 

12 Act, as determined by the Secretary; 

13 (2) $35,000,000 shall be available for the Resi14 dent Opportunity and Self-Sufficiency program to 

15 provide for supportive services, service coordinators, 

16 and congregate services as authorized by section 34 

17 of the United States Housing Act of 1937 (42 

18 U.S.C. 1437z–6) and the Native American Housing 

19 Assistance and Self-Determination Act of 1996 (25 

20 U.S.C. 4101 et seq.); and 

21 (3) $15,000,000 shall be available for a Jobs22 Plus Initiative, modeled after the Jobs-Plus dem23 onstration: Provided, That funding provided under 

24 this paragraph shall be available for competitive 

25 grants to partnerships between public housing auVerDate Sep 11 2014 00:06 Jul 29, 2022 Jkt 029200 PO 00000 Frm 00141 Fmt 6652 Sfmt 6201 E:\BILLS\S4670.IS S4670

pbinns on DSKJLVW7X2PROD with $$_JOB
142 

•S 4670 IS

1 thorities, local workforce investment boards estab2 lished under section 107 of the Workforce Innova3 tion and Opportunity Act of 2014 (29 U.S.C. 3122), 

4 and other agencies and organizations that provide 

5 support to help public housing residents obtain em6 ployment and increase earnings: Provided further, 

7 That applicants must demonstrate the ability to pro8 vide services to residents, partner with workforce in9 vestment boards, and leverage service dollars: Pro10 vided further, That the Secretary may allow public 

11 housing agencies to request exemptions from rent 

12 and income limitation requirements under sections 3 

13 and 6 of the United States Housing Act of 1937 (42 

14 U.S.C. 1437a, 1437d), as necessary to implement 

15 the Jobs-Plus program, on such terms and condi16 tions as the Secretary may approve upon a finding 

17 by the Secretary that any such waivers or alternative 

18 requirements are necessary for the effective imple19 mentation of the Jobs-Plus Initiative as a voluntary 

20 program for residents: Provided further, That the 

21 Secretary shall publish by notice in the Federal Reg22 ister any waivers or alternative requirements pursu23 ant to the preceding proviso no later than 10 days 

24 before the effective date of such notice. 


pbinns on DSKJLVW7X2PROD with $$_JOB
143 

•S 4670 IS

1 NATIVE AMERICAN PROGRAMS

2 (INCLUDING RESCISSION)

3 For activities and assistance authorized under title 

4 I of the Native American Housing Assistance and Self5 Determination Act of 1996 (in this heading 

6 ‘‘NAHASDA’’) (25 U.S.C. 4111 et seq.), title I of the 

7 Housing and Community Development Act of 1974 (42 

8 U.S.C. 5301 et seq.) with respect to Indian tribes, and 

9 related training and technical assistance, $1,052,086,000, 

10 to remain available until September 30, 2027: Provided, 

11 That of the sums appropriated under this heading— 

12 (1) $819,086,000 shall be available for the Na13 tive American Housing Block Grants program, as 

14 authorized under title I of NAHASDA: Provided, 

15 That, notwithstanding NAHASDA, to determine the 

16 amount of the allocation under title I of such Act for 

17 each Indian tribe, the Secretary shall apply the for18 mula under section 302 of such Act with the need 

19 component based on single-race census data and 

20 with the need component based on multi-race census 

21 data, and the amount of the allocation for each In22 dian tribe shall be the greater of the two resulting 

23 allocation amounts: Provided further, That the Sec24 retary shall notify grantees of their formula allocaVerDate Sep 11 2014 00:06 Jul 29, 2022 Jkt 029200 PO 00000 Frm 00143 Fmt 6652 Sfmt 6201 E:\BILLS\S4670.IS S4670

pbinns on DSKJLVW7X2PROD with $$_JOB
144 

•S 4670 IS

1 tion not later than 60 days after the date of enact2 ment of this Act; 

3 (2) $150,000,000 shall be available for competi4 tive grants under the Native American Housing 

5 Block Grants program, as authorized under title I of 

6 NAHASDA: Provided, That the Secretary shall obli7 gate such amount for competitive grants to eligible 

8 recipients authorized under NAHASDA that apply 

9 for funds: Provided further, That in awarding 

10 amounts made available in this paragraph, the Sec11 retary shall consider need and administrative capac12 ity, and shall give priority to projects that will spur 

13 construction and rehabilitation of housing: Provided 

14 further, That a grant funded pursuant to this para15 graph shall be in an amount not greater than 

16 $7,500,000: Provided further, That any amounts 

17 transferred for the necessary costs of administering 

18 and overseeing the obligation and expenditure of 

19 such additional amounts in prior Acts may also be 

20 used for the necessary costs of administering and 

21 overseeing such additional amount; 

22 (3) $1,000,000 shall be available for the cost of 

23 guaranteed notes and other obligations, as author24 ized by title VI of NAHASDA: Provided, That such 

25 costs, including the cost of modifying such notes and 


pbinns on DSKJLVW7X2PROD with $$_JOB
145 

•S 4670 IS

1 other obligations, shall be as defined in section 502 

2 of the Congressional Budget Act of 1974 (2 U.S.C. 

3 661a): Provided further, That amounts made avail4 able in this and prior Acts for the cost of such guar5 anteed notes and other obligations that are unobli6 gated, including recaptures and carryover, shall be 

7 available to subsidize the total principal amount of 

8 any notes and other obligations, any part of which 

9 is to be guaranteed, not to exceed $50,000,000, to 

10 remain available until September 30, 2024: Provided 

11 further, That any remaining loan guarantee limita12 tion authorized for this program in fiscal year 2020 

13 or prior fiscal years is hereby rescinded; 

14 (4) $75,000,000 shall be available for grants to 

15 Indian tribes for carrying out the Indian Community 

16 Development Block Grant program under title I of 

17 the Housing and Community Development Act of 

18 1974, notwithstanding section 106(a)(1) of such 

19 Act, of which, notwithstanding any other provision 

20 of law (including section 203 of this Act), not more 

21 than $5,000,000 may be used for emergencies that 

22 constitute imminent threats to health and safety: 

23 Provided, That not to exceed 20 percent of any 

24 grant made with amounts made available in this 


pbinns on DSKJLVW7X2PROD with $$_JOB
146 

•S 4670 IS

1 paragraph shall be expended for planning and man2 agement development and administration; and 

3 (5) $7,000,000, in addition to amounts other4 wise available for such purpose, shall be available for 

5 providing training and technical assistance to Indian 

6 tribes, Indian housing authorities, and tribally des7 ignated housing entities, to support the inspection of 

8 Indian housing units, for contract expertise, and for 

9 training and technical assistance related to amounts 

10 made available under this heading and other head11 ings in this Act for the needs of Native American 

12 families and Indian country: Provided, That of the 

13 amounts made available in this paragraph, not less 

14 than $2,000,000 shall be for a national organization 

15 as authorized under section 703 of NAHASDA (25 

16 U.S.C. 4212): Provided further, That amounts made 

17 available in this paragraph may be used, contracted, 

18 or competed as determined by the Secretary: Pro19 vided further, That notwithstanding chapter 63 of 

20 title 31, United States Code (commonly known as 

21 the Federal Grant and Cooperative Agreements Act 

22 of 1977), the amounts made available in this para23 graph may be used by the Secretary to enter into co24 operative agreements with public and private organi25 zations, agencies, institutions, and other technical 


pbinns on DSKJLVW7X2PROD with $$_JOB
147 

•S 4670 IS

1 assistance providers to support the administration of 

2 negotiated rulemaking under section 106 of 

3 NAHASDA (25 U.S.C. 4116), the administration of 

4 the allocation formula under section 302 of 

5 NAHASDA (25 U.S.C. 4152), and the administra6 tion of performance tracking and reporting under 

7 section 407 of NAHASDA (25 U.S.C. 4167). 

8 INDIAN HOUSING LOAN GUARANTEE FUND PROGRAM

9 ACCOUNT

10 (INCLUDING RESCISSION)

11 For the cost of guaranteed loans, as authorized by 

12 section 184 of the Housing and Community Development 

13 Act of 1992 (12 U.S.C. 1715z–13a), $5,521,000, to re14 main available until expended: Provided, That such costs, 

15 including the cost of modifying such loans, shall be as de16 fined in section 502 of the Congressional Budget Act of 

17 1974 (2 U.S.C. 661a): Provided further, That amounts 

18 made available in this and prior Acts for the cost of guar19 anteed loans, as authorized by section 184 of the Housing 

20 and Community Development Act of 1992 (12 U.S.C. 

21 1715z–13a), that are unobligated, including recaptures 

22 and carryover, shall be available to subsidize total loan 

23 principal, any part of which is to be guaranteed, not to 

24 exceed $1,400,000,000, to remain available until Sep25 tember 30, 2024: Provided further, That any remaining 


pbinns on DSKJLVW7X2PROD with $$_JOB
148 

•S 4670 IS

1 loan guarantee limitation authorized under this heading 

2 in fiscal year 2020 or prior fiscal years is hereby re3 scinded: Provided further, That any amounts determined 

4 by the Secretary to be unavailable are hereby returned to 

5 the General Fund of the Treasury. 

6 NATIVE HAWAIIAN HOUSING BLOCK GRANT

7 For the Native Hawaiian Housing Block Grant pro8 gram, as authorized under title VIII of the Native Amer9 ican Housing Assistance and Self-Determination Act of 

10 1996 (25 U.S.C. 4221 et seq.), $22,300,000, to remain 

11 available until September 30, 2027: Provided, That not12 withstanding section 812(b) of such Act, the Department 

13 of Hawaiian Home Lands may not invest grant amounts 

14 made available under this heading in investment securities 

15 and other obligations: Provided further, That amounts 

16 made available under this heading in this and prior fiscal 

17 years may be used to provide rental assistance to eligible 

18 Native Hawaiian families both on and off the Hawaiian 

19 Home Lands, notwithstanding any other provision of law. 

20 NATIVE HAWAIIAN HOUSING LOAN GUARANTEE FUND

21 PROGRAM ACCOUNT

22 New commitments to guarantee loans, as authorized 

23 by section 184A of the Housing and Community Develop24 ment Act of 1992 (12 U.S.C. 1715z–13b), any part of 

25 which is to be guaranteed, shall not exceed $28,000,000 


pbinns on DSKJLVW7X2PROD with $$_JOB
149 

•S 4670 IS

1 in total loan principal, to remain available until September 

2 30, 2024: Provided, That the Secretary may enter into 

3 commitments to guarantee loans used for refinancing. 

4 COMMUNITY PLANNING AND DEVELOPMENT

5 HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS

6 For carrying out the Housing Opportunities for Per7 sons with AIDS program, as authorized by the AIDS 

8 Housing Opportunity Act (42 U.S.C. 12901 et seq.), 

9 $468,000,000, to remain available until September 30, 

10 2024, except that amounts allocated pursuant to section 

11 854(c)(5) of such Act shall remain available until Sep12 tember 30, 2025: Provided, That the Secretary shall renew 

13 or replace all expiring contracts for permanent supportive 

14 housing that initially were funded under section 854(c)(5) 

15 of such Act from funds made available under this heading 

16 in fiscal year 2010 and prior fiscal years that meet all 

17 program requirements before awarding funds for new con18 tracts under such section: Provided further, That the proc19 ess for submitting amendments and approving replace20 ment contracts shall be established by the Secretary in a 

21 notice: Provided further, That the Department shall notify 

22 grantees of their formula allocation within 60 days of en23 actment of this Act. 


pbinns on DSKJLVW7X2PROD with $$_JOB
150 

•S 4670 IS

1 COMMUNITY DEVELOPMENT FUND

2 For assistance to States and units of general local 

3 government, and other entities, for economic and commu4 nity development activities, and other purposes, 

5 $4,817,726,000, to remain available until September 30, 

6 2026: Provided, That of the sums appropriated under this 

7 heading— 

8 (1) $3,525,000,000 shall be available for car9 rying out the community development block grant 

10 program under title I of the Housing and Commu11 nity Development Act of 1974, as amended (42 

12 U.S.C. 5301 et seq.) (in this heading ‘‘the Act’’): 

13 Provided, That not to exceed 20 percent of any 

14 grant made with funds made available under this 

15 paragraph shall be expended for planning and man16 agement development and administration: Provided 

17 further, That a metropolitan city, urban county, unit 

18 of general local government, or insular area that di19 rectly or indirectly receives funds under this para20 graph may not sell, trade, or otherwise transfer all 

21 or any portion of such funds to another such entity 

22 in exchange for any other funds, credits, or non23 Federal considerations, but shall use such funds for 

24 activities eligible under title I of the Act: Provided 

25 further, That notwithstanding section 105(e)(1) of 


pbinns on DSKJLVW7X2PROD with $$_JOB
151 

•S 4670 IS

1 the Act, no funds made available under this para2 graph may be provided to a for-profit entity for an 

3 economic development project under section 

4 105(a)(17) unless such project has been evaluated 

5 and selected in accordance with guidelines required 

6 under subsection (e)(2) of section 105; 

7 (2) $200,000,000 shall be available for the Sec8 retary to award grants on a competitive basis to 

9 state and local governments, metropolitan planning 

10 organizations, and multijurisdictional entities for ad11 ditional activities under title I of the Act for the 

12 identification and removal of barriers to affordable 

13 housing production: Provided, That eligible uses of 

14 such grants include activities to further develop, 

15 evaluate, and implement housing policy plans, im16 prove housing strategies, and facilitate affordable 

17 housing production: Provided further, That the Sec18 retary shall prioritize applicants that are able to (A) 

19 demonstrate progress and a commitment to over20 coming local barriers to facilitate the increase in af21 fordable housing production; and (B) show rising 

22 housing costs, or the reasonable expectation that 

23 costs will rise, in their jurisdiction, using Census or 

24 other data: Provided further, That funds allocated 

25 for such grants shall not adversely affect the amount 


pbinns on DSKJLVW7X2PROD with $$_JOB
152 

•S 4670 IS

1 of any formula assistance received by a jurisdiction 

2 under paragraph (1) of this heading: Provided fur3 ther, That in administering such amounts the Sec4 retary may waive or specify alternative requirements 

5 for any provision of such title I except for require6 ments related to fair housing, nondiscrimination, 

7 labor standards, the environment, and requirements 

8 that activities benefit persons of low- and moderate9 income, upon a finding that any such waivers or al10 ternative requirements are necessary to expedite or 

11 facilitate the use of such amount; 

12 (3) $25,000,000 shall be available for activities 

13 authorized under section 8071 of the SUPPORT for 

14 Patients and Communities Act (Public Law 115– 

15 271): Provided, That the funds allocated pursuant to 

16 this paragraph shall not adversely affect the amount 

17 of any formula assistance received by a State under 

18 paragraph (1) of this heading: Provided further, 

19 That the Secretary shall allocate the funds for such 

20 activities based on the notice establishing the fund21 ing formula published in 84 FR 16027 (April 17, 

22 2019) except that the formula shall use age-adjusted 

23 rates of drug overdose deaths for 2020 based on 

24 data from the Centers for Disease Control and Pre25 vention; and 


pbinns on DSKJLVW7X2PROD with $$_JOB
153 

•S 4670 IS

1 (4) $1,067,726,000 shall be available for grants 

2 for the Economic Development Initiative (EDI) for 

3 the purposes, and in amounts, specified for Congres4 sionally Directed Spending in the table entitled 

5 ‘‘Congressionally Directed Spending’’ included in the 

6 explanatory statement accompanying this Act: Pro7 vided, That not to exceed 20 percent of any grant 

8 made with funds made available under this para9 graph shall be expended for planning and manage10 ment development and administration: Provided fur11 ther, That none of the amounts made available 

12 under this paragraph shall be used for reimburse13 ment of expenses incurred prior to the obligation of 

14 funds. 

15 COMMUNITY DEVELOPMENT LOAN GUARANTEES

16 PROGRAM ACCOUNT

17 Subject to section 502 of the Congressional Budget 

18 Act of 1974 (2 U.S.C. 661a), during fiscal year 2023, 

19 commitments to guarantee loans under section 108 of the 

20 Housing and Community Development Act of 1974 (42 

21 U.S.C. 5308), any part of which is guaranteed, shall not 

22 exceed a total principal amount of $300,000,000, notwith23 standing any aggregate limitation on outstanding obliga24 tions guaranteed in subsection (k) of such section 108: 

25 Provided, That the Secretary shall collect fees from borVerDate Sep 11 2014 00:06 Jul 29, 2022 Jkt 029200 PO 00000 Frm 00153 Fmt 6652 Sfmt 6201 E:\BILLS\S4670.IS S4670

pbinns on DSKJLVW7X2PROD with $$_JOB
154 

•S 4670 IS

1 rowers, notwithstanding subsection (m) of such section 

2 108, to result in a credit subsidy cost of zero for guaran3 teeing such loans, and any such fees shall be collected in 

4 accordance with section 502(7) of the Congressional 

5 Budget Act of 1974: Provided further, That such commit6 ment authority funded by fees may be used to guarantee, 

7 or make commitments to guarantee, notes or other obliga8 tions issued by any State on behalf of non-entitlement 

9 communities in the State in accordance with the require10 ments of such section 108: Provided further, That any 

11 State receiving such a guarantee or commitment under the 

12 preceding proviso shall distribute all funds subject to such 

13 guarantee to the units of general local government in non14 entitlement areas that received the commitment. 

15 HOME INVESTMENT PARTNERSHIPS PROGRAM

16 For the HOME Investment Partnerships program, as 

17 authorized under title II of the Cranston-Gonzalez Na18 tional Affordable Housing Act, as amended (42 U.S.C. 

19 12721 et seq.), $1,725,000,000, to remain available until 

20 September 30, 2026: Provided, That notwithstanding sec21 tion 231(b) of such Act (42 U.S.C. 12771(b)), all unobli22 gated balances remaining from amounts recaptured pursu23 ant to such section that remain available until expended 

24 shall be combined with amounts made available under this 

25 heading and allocated in accordance with the formula 


pbinns on DSKJLVW7X2PROD with $$_JOB
155 

•S 4670 IS

1 under section 217(b)(1)(A) of such Act (42 U.S.C. 

2 12747(b)(1)(A)): Provided further, That the Department 

3 shall notify grantees of their formula allocations within 60 

4 days after enactment of this Act: Provided further, That 

5 section 218(g) of such Act (42 U.S.C. 12748(g)) shall not 

6 apply with respect to the right of a jurisdiction to draw 

7 funds from its HOME Investment Trust Fund that other8 wise expired or would expire in any calendar year from 

9 2016 through 2025 under that section: Provided further, 

10 That section 231(b) of such Act (42 U.S.C. 12771(b)) 

11 shall not apply to any uninvested funds that otherwise 

12 were deducted or would be deducted from the line of credit 

13 in the participating jurisdiction’s HOME Investment 

14 Trust Fund in any calendar year from 2018 through 2025 

15 under that section. 

16 SELF-HELP AND ASSISTED HOMEOWNERSHIP

17 OPPORTUNITY PROGRAM

18 For the Self-Help and Assisted Homeownership Op19 portunity Program, as authorized under section 11 of the 

20 Housing Opportunity Program Extension Act of 1996 (42 

21 U.S.C. 12805 note), and for related activities and assist22 ance, $70,000,000, to remain available until September 

23 30, 2025: Provided, That of the sums appropriated under 

24 this heading— 


pbinns on DSKJLVW7X2PROD with $$_JOB
156 

•S 4670 IS

1 (1) $17,000,000 shall be available for the Self2 Help Homeownership Opportunity Program as au3 thorized under such section 11: Provided, That the 

4 maximum average expenditure for the combined cost 

5 of land acquisition and infrastructure improvements 

6 shall be increased to $20,000 per unit; 

7 (2) $43,000,000 shall be available for the sec8 ond, third, and fourth capacity building entities 

9 specified in section 4(a) of the HUD Demonstration 

10 Act of 1993 (42 U.S.C. 9816 note), of which not 

11 less than $5,000,000 shall be for rural capacity 

12 building activities: Provided, That for purposes of 

13 awarding grants from amounts made available in 

14 this paragraph, the Secretary may enter into 

15 multiyear agreements, as appropriate, subject to the 

16 availability of annual appropriations; 

17 (3) $6,000,000 shall be available for capacity 

18 building by national rural housing organizations hav19 ing experience assessing national rural conditions 

20 and providing financing, training, technical assist21 ance, information, and research to local nonprofit or22 ganizations, local governments, and Indian Tribes 

23 serving high need rural communities; and 

24 (4) $4,000,000 shall be available for a program 

25 to rehabilitate and modify the homes of disabled or 


pbinns on DSKJLVW7X2PROD with $$_JOB
157 

•S 4670 IS

1 low-income veterans, as authorized under section 

2 1079 of the Carl Levin and Howard P. ‘‘Buck’’ 

3 McKeon National Defense Authorization Act for 

4 Fiscal Year 2015 (38 U.S.C. 2101 note): Provided, 

5 That the issuance of a Notice of Funding Oppor6 tunity for the amounts made available in this para7 graph shall be completed not later than 120 days 

8 after enactment of this Act and such amounts shall 

9 be awarded not later than 180 days after such 

10 issuance. 

11 HOMELESS ASSISTANCE GRANTS

12 For assistance under title IV of the McKinney-Vento 

13 Homeless Assistance Act (42 U.S.C. 11360 et seq.), and 

14 for related activities and assistance, $3,545,000,000, to 

15 remain available until September 30, 2025: Provided, 

16 That of the sums appropriated under this heading— 

17 (1) $290,000,000 shall be available for the 

18 Emergency Solutions Grants program authorized 

19 under subtitle B of such title IV (42 U.S.C. 11371 

20 et seq.): Provided, That the Department shall notify 

21 grantees of their formula allocation from amounts 

22 allocated (which may represent initial or final 

23 amounts allocated) for the Emergency Solutions 

24 Grant program not later than 60 days after enact25 ment of this Act; 


pbinns on DSKJLVW7X2PROD with $$_JOB
158 

•S 4670 IS

1 (2) $3,041,000,000 shall be available for the 

2 Continuum of Care program authorized under sub3 title C of such title IV (42 U.S.C. 11381 et seq.) 

4 and the Rural Housing Stability Assistance pro5 grams authorized under subtitle D of such title IV 

6 (42 U.S.C. 11408): Provided, That the Secretary 

7 shall prioritize funding under the Continuum of 

8 Care program to continuums of care that have dem9 onstrated a capacity to reallocate funding from lower 

10 performing projects to higher performing projects: 

11 Provided further, That the Secretary shall provide 

12 incentives to create projects that coordinate with 

13 housing providers and healthcare organizations to 

14 provide permanent supportive housing and rapid re15 housing services: Provided further, That the Sec16 retary may establish by notice an alternative max17 imum amount for administrative costs related to the 

18 requirements described in sections 402(f)(1) and 

19 402(f)(2) of subtitle A of such title IV or no more 

20 than 5 percent or $50,000, whichever is greater, 

21 notwithstanding the 3 percent limitation in section 

22 423(a)(10) of such subtitle C: Provided further, That 

23 of the amounts made available for the Continuum of 

24 Care program under this paragraph, not less than 

25 $52,000,000 shall be for grants for new rapid reVerDate Sep 11 2014 00:06 Jul 29, 2022 Jkt 029200 PO 00000 Frm 00158 Fmt 6652 Sfmt 6201 E:\BILLS\S4670.IS S4670

pbinns on DSKJLVW7X2PROD with $$_JOB
159 

•S 4670 IS

1 housing projects and supportive service projects pro2 viding coordinated entry, and for eligible activities 

3 that the Secretary determines to be critical in order 

4 to assist survivors of domestic violence, dating vio5 lence, sexual assault, or stalking: Provided further, 

6 That amounts made available for the Continuum of 

7 Care program under this paragraph and any remain8 ing unobligated balances under this heading in prior 

9 Acts may be used to competitively or non-competi10 tively renew or replace grants for youth homeless 

11 demonstration projects under the Continuum of 

12 Care program, notwithstanding any conflict with the 

13 requirements of the Continuum of Care program; 

14 (3) $7,000,000 shall be available for the na15 tional homeless data analysis project: Provided, That 

16 notwithstanding the provisions of the Federal Grant 

17 and Cooperative Agreements Act of 1977 (31 U.S.C. 

18 6301–6308), the amounts made available under this 

19 paragraph and any remaining unobligated balances 

20 under this heading for such purposes in prior Acts 

21 may be used by the Secretary to enter into coopera22 tive agreements with such entities as may be deter23 mined by the Secretary, including public and private 

24 organizations, agencies, and institutions; 


pbinns on DSKJLVW7X2PROD with $$_JOB
160 

•S 4670 IS

1 (4) $107,000,000 shall be available to imple2 ment projects to demonstrate how a comprehensive 

3 approach to serving homeless youth, age 24 and 

4 under, in up to 25 communities with a priority for 

5 communities with substantial rural populations in up 

6 to eight locations, can dramatically reduce youth 

7 homelessness: Provided, That of the amount made 

8 available under this paragraph, not less than 

9 $25,000,000 shall be for youth homelessness system 

10 improvement grants to support communities, includ11 ing but not limited to the communities assisted 

12 under the matter preceding this proviso, in estab13 lishing and implementing a response system for 

14 youth homelessness, or for improving their existing 

15 system: Provided further, That of the amount made 

16 available under this paragraph, up to $10,000,000 

17 shall be to provide technical assistance to commu18 nities, including but not limited to the communities 

19 assisted in the preceding proviso and the matter pre20 ceding such proviso, on improving system responses 

21 to youth homelessness, and collection, analysis, use, 

22 and reporting of data and performance measures 

23 under the comprehensive approaches to serve home24 less youth, in addition to and in coordination with 

25 other technical assistance funds provided under this 


pbinns on DSKJLVW7X2PROD with $$_JOB
161 

•S 4670 IS

1 title: Provided further, That the Secretary may use 

2 up to 10 percent of the amount made available 

3 under the preceding proviso to build the capacity of 

4 current technical assistance providers or to train 

5 new technical assistance providers with verifiable 

6 prior experience with systems and programs for 

7 youth experiencing homelessness; and 

8 (5) $100,000,000 shall be available for one-time 

9 awards under the Continuum of Care program for 

10 new construction, acquisition, or rehabilitation of 

11 new permanent supportive housing, of which not 

12 more than 20 percent of such awards may be used 

13 for other Continuum of Care eligible activities asso14 ciated with such projects and not more than 10 per15 cent of such awards may be used for project admin16 istration: Provided, That these amounts shall be 

17 awarded on a competitive basis, based on need and 

18 other factors to be determined by the Secretary, in19 cluding incentives to establish projects that coordi20 nate with housing providers, healthcare organiza21 tions and social service providers: Provided further, 

22 That not less than $30,000,000 shall be awarded to 

23 applicants for projects within States with popu24 lations less than 2,500,000, except that if such 

25 amount is undersubscribed any remaining amounts 


pbinns on DSKJLVW7X2PROD with $$_JOB
162 

•S 4670 IS

1 may be awarded to qualified applicants for projects 

2 in any State: Provided further, That the grants for 

3 ongoing costs associated with such projects shall be 

4 eligible for renewal under the Continuum of Care 

5 program subject to the same terms and conditions 

6 as other renewal applicants: 

7 Provided further, That youth aged 24 and under seeking 

8 assistance under this heading shall not be required to pro9 vide third party documentation to establish their eligibility 

10 under subsection (a) or (b) of section 103 of the McKin11 ney-Vento Homeless Assistance Act (42 U.S.C. 11302) to 

12 receive services: Provided further, That unaccompanied 

13 youth aged 24 and under or families headed by youth aged 

14 24 and under who are living in unsafe situations may be 

15 served by youth-serving providers funded under this head16 ing: Provided further, That persons eligible under section 

17 103(a)(5) of the McKinney-Vento Homeless Assistance 

18 Act may be served by any project funded under this head19 ing to provide both transitional housing and rapid re-hous20 ing: Provided further, That for all matching funds require21 ments applicable to funds made available under this head22 ing for this fiscal year and prior fiscal years, a grantee 

23 may use (or could have used) as a source of match funds 

24 other funds administered by the Secretary and other Fed25 eral agencies unless there is (or was) a specific statutory 


pbinns on DSKJLVW7X2PROD with $$_JOB
163 

•S 4670 IS

1 prohibition on any such use of any such funds: Provided 

2 further, That none of the funds made available under this 

3 heading shall be available to provide funding for new 

4 projects, except for projects created through reallocation, 

5 unless the Secretary determines that the continuum of 

6 care has demonstrated that projects are evaluated and 

7 ranked based on the degree to which they improve the con8 tinuum of care’s system performance: Provided further, 

9 That any unobligated amounts remaining from funds 

10 made available under this heading in fiscal year 2012 and 

11 prior years for project-based rental assistance for rehabili12 tation projects with 10-year grant terms may be used for 

13 purposes under this heading, notwithstanding the pur14 poses for which such funds were appropriated: Provided 

15 further, That unobligated balances, including recaptures 

16 and carryover, remaining from funds transferred to or ap17 propriated under this heading in fiscal year 2019 or prior 

18 years, except for rental assistance amounts that were re19 captured and made available until expended, shall be avail20 able for the current purposes authorized under this head21 ing in addition to the purposes for which such funds origi22 nally were appropriated. 


pbinns on DSKJLVW7X2PROD with $$_JOB
164 

•S 4670 IS

1 HOUSING PROGRAMS

2 PROJECT-BASED RENTAL ASSISTANCE

3 For activities and assistance for the provision of 

4 project-based subsidy contracts under the United States 

5 Housing Act of 1937 (42 U.S.C. 1437 et seq.) (‘‘the 

6 Act’’), not otherwise provided for, $14,287,100,000, to re7 main available until expended, shall be available on Octo8 ber 1, 2022 (in addition to the $400,000,000 previously 

9 appropriated under this heading that became available Oc10 tober 1, 2022), and $400,000,000, to remain available 

11 until expended, shall be available on October 1, 2023: Pro12 vided, That the amounts made available under this head13 ing shall be available for expiring or terminating section 

14 8 project-based subsidy contracts (including section 8 

15 moderate rehabilitation contracts), for amendments to sec16 tion 8 project-based subsidy contracts (including section 

17 8 moderate rehabilitation contracts), for contracts entered 

18 into pursuant to section 441 of the McKinney-Vento 

19 Homeless Assistance Act (42 U.S.C. 11401), for renewal 

20 of section 8 contracts for units in projects that are subject 

21 to approved plans of action under the Emergency Low In22 come Housing Preservation Act of 1987 or the Low-In23 come Housing Preservation and Resident Homeownership 

24 Act of 1990, and for administrative and other expenses 

25 associated with project-based activities and assistance 


pbinns on DSKJLVW7X2PROD with $$_JOB
165 

•S 4670 IS

1 funded under this heading: Provided further, That of the 

2 total amounts provided under this heading, not to exceed 

3 $375,000,000 shall be available for performance-based 

4 contract administrators for section 8 project-based assist5 ance, for carrying out 42 U.S.C. 1437(f): Provided further, 

6 That the Secretary may also use such amounts in the pre7 ceding proviso for performance-based contract administra8 tors for the administration of: interest reduction payments 

9 pursuant to section 236(a) of the National Housing Act 

10 (12 U.S.C. 1715z–1(a)); rent supplement payments pur11 suant to section 101 of the Housing and Urban Develop12 ment Act of 1965 (12 U.S.C. 1701s); section 236(f)(2) 

13 rental assistance payments (12 U.S.C. 1715z–1(f)(2)); 

14 project rental assistance contracts for the elderly under 

15 section 202(c)(2) of the Housing Act of 1959 (12 U.S.C. 

16 1701q); project rental assistance contracts for supportive 

17 housing for persons with disabilities under section 

18 811(d)(2) of the Cranston-Gonzalez National Affordable 

19 Housing Act (42 U.S.C. 8013(d)(2)); project assistance 

20 contracts pursuant to section 202(h) of the Housing Act 

21 of 1959 (Public Law 86–372; 73 Stat. 667); and loans 

22 under section 202 of the Housing Act of 1959 (Public Law 

23 86–372; 73 Stat. 667): Provided further, That amounts 

24 recaptured under this heading, the heading ‘‘Annual Con25 tributions for Assisted Housing’’, or the heading ‘‘Housing 


pbinns on DSKJLVW7X2PROD with $$_JOB
166 

•S 4670 IS

1 Certificate Fund’’, may be used for renewals of or amend2 ments to section 8 project-based contracts or for perform3 ance-based contract administrators, notwithstanding the 

4 purposes for which such amounts were appropriated: Pro5 vided further, That, notwithstanding any other provision 

6 of law, upon the request of the Secretary, project funds 

7 that are held in residual receipts accounts for any project 

8 subject to a section 8 project-based Housing Assistance 

9 Payments contract that authorizes the Department or a 

10 housing finance agency to require that surplus project 

11 funds be deposited in an interest-bearing residual receipts 

12 account and that are in excess of an amount to be deter13 mined by the Secretary, shall be remitted to the Depart14 ment and deposited in this account, to be available until 

15 expended: Provided further, That amounts deposited pur16 suant to the preceding proviso shall be available in addi17 tion to the amount otherwise provided by this heading for 

18 uses authorized under this heading: Provided further, That 

19 of the total amounts provided under this heading, not to 

20 exceed $53,100,000 shall be available for rent adjustments 

21 authorized under section 515(d) of the Multifamily As22 sisted Housing Reform and Affordability Act of 1997 (as 

23 added by section 240(a) of this Act): Provided further, 

24 That up to 2 percent of the total amount made available 

25 in the preceding proviso shall be for administrative conVerDate Sep 11 2014 00:06 Jul 29, 2022 Jkt 029200 PO 00000 Frm 00166 Fmt 6652 Sfmt 6201 E:\BILLS\S4670.IS S4670

pbinns on DSKJLVW7X2PROD with $$_JOB
167 

•S 4670 IS

1 tract costs, including for carrying out due diligence and 

2 underwriting functions for evaluating owners’ requests 

3 and for technical assistance activities: Provided further, 

4 That any additional amounts for rent adjustments or sup5 plemental contract funding authorized under the two pre6 ceding provisos shall be combined with other amounts obli7 gated to such contracts and the combined total amount 

8 shall be available for all purposes under such contracts. 

9 HOUSING FOR THE ELDERLY

10 For capital advances, including amendments to cap11 ital advance contracts, for housing for the elderly, as au12 thorized by section 202 of the Housing Act of 1959 (12 

13 U.S.C. 1701q), for project rental assistance for the elderly 

14 under section 202(c)(2) of such Act, including amend15 ments to contracts for such assistance and renewal of ex16 piring contracts for such assistance for up to a 5-year 

17 term, for senior preservation rental assistance contracts, 

18 including renewals, as authorized by section 811(e) of the 

19 American Homeownership and Economic Opportunity Act 

20 of 2000 (12 U.S.C. 1701q note), and for supportive serv21 ices associated with the housing, $1,033,000,000 to re22 main available until September 30, 2026: Provided, That 

23 of the amount made available under this heading, up to 

24 $170,000,000 shall be for service coordinators and the 

25 continuation of existing congregate service grants for resiVerDate Sep 11 2014 00:06 Jul 29, 2022 Jkt 029200 PO 00000 Frm 00167 Fmt 6652 Sfmt 6201 E:\BILLS\S4670.IS S4670

pbinns on DSKJLVW7X2PROD with $$_JOB
168 

•S 4670 IS

1 dents of assisted housing projects: Provided further, That 

2 any funding for existing service coordinators under the 

3 preceding proviso shall be provided within 120 days of en4 actment of this Act: Provided further, That amounts made 

5 available under this heading shall be available for Real Es6 tate Assessment Center inspections and inspection-related 

7 activities associated with section 202 projects: Provided 

8 further, That the Secretary may waive the provisions of 

9 section 202 governing the terms and conditions of project 

10 rental assistance, except that the initial contract term for 

11 such assistance shall not exceed 5 years in duration: Pro12 vided further, That upon request of the Secretary, project 

13 funds that are held in residual receipts accounts for any 

14 project subject to a section 202 project rental assistance 

15 contract, and that upon termination of such contract are 

16 in excess of an amount to be determined by the Secretary, 

17 shall be remitted to the Department and deposited in this 

18 account, to remain available until September 30, 2026: 

19 Provided further, That amounts deposited in this account 

20 pursuant to the preceding proviso shall be available, in ad21 dition to the amounts otherwise provided by this heading, 

22 for the purposes authorized under this heading: Provided 

23 further, That unobligated balances, including recaptures 

24 and carryover, remaining from funds transferred to or ap25 propriated under this heading shall be available for the 


pbinns on DSKJLVW7X2PROD with $$_JOB
169 

•S 4670 IS

1 current purposes authorized under this heading in addi2 tion to the purposes for which such funds originally were 

3 appropriated: Provided further, That of the total amount 

4 made available under this heading, up to $10,000,000 

5 shall be used by the Secretary to support preservation 

6 transactions of housing for the elderly originally developed 

7 with a capital advance and assisted by a project rental 

8 assistance contract under the provisions of section 202(c) 

9 of the Housing Act of 1959. 

10 HOUSING FOR PERSONS WITH DISABILITIES

11 For capital advances, including amendments to cap12 ital advance contracts, for supportive housing for persons 

13 with disabilities, as authorized by section 811 of the Cran14 ston-Gonzalez National Affordable Housing Act (42 

15 U.S.C. 8013), for project rental assistance for supportive 

16 housing for persons with disabilities under section 

17 811(d)(2) of such Act, for project assistance contracts 

18 pursuant to subsection (h) of section 202 of the Housing 

19 Act of 1959, as added by section 205(a) of the Housing 

20 and Community Development Amendments of 1978 (Pub21 lic Law 95–557: 92 Stat. 2090), including amendments 

22 to contracts for such assistance and renewal of expiring 

23 contracts for such assistance for up to a 5-year term, for 

24 project rental assistance to State housing finance agencies 

25 and other appropriate entities as authorized under section 


pbinns on DSKJLVW7X2PROD with $$_JOB
170 

•S 4670 IS

1 811(b)(3) of the Cranston-Gonzalez National Affordable 

2 Housing Act, and for supportive services associated with 

3 the housing for persons with disabilities as authorized by 

4 section 811(b)(1) of such Act, $287,700,000, to remain 

5 available until September 30, 2026: Provided, That 

6 amounts made available under this heading shall be avail7 able for Real Estate Assessment Center inspections and 

8 inspection-related activities associated with section 811 

9 projects: Provided further, That, upon the request of the 

10 Secretary, project funds that are held in residual receipts 

11 accounts for any project subject to a section 811 project 

12 rental assistance contract, and that upon termination of 

13 such contract are in excess of an amount to be determined 

14 by the Secretary, shall be remitted to the Department and 

15 deposited in this account, to remain available until Sep16 tember 30, 2026: Provided further, That amounts depos17 ited in this account pursuant to the preceding proviso shall 

18 be available in addition to the amounts otherwise provided 

19 by this heading for the purposes authorized under this 

20 heading: Provided further, That unobligated balances, in21 cluding recaptures and carryover, remaining from funds 

22 transferred to or appropriated under this heading shall be 

23 used for the current purposes authorized under this head24 ing in addition to the purposes for which such funds origi25 nally were appropriated. 


pbinns on DSKJLVW7X2PROD with $$_JOB
171 

•S 4670 IS

1 HOUSING COUNSELING ASSISTANCE

2 For contracts, grants, and other assistance excluding 

3 loans, as authorized under section 106 of the Housing and 

4 Urban Development Act of 1968, as amended, 

5 $63,000,000, to remain available until September 30, 

6 2024, including up to $4,500,000 for administrative con7 tract services: Provided, That funds shall be used for pro8 viding counseling and advice to tenants and homeowners, 

9 both current and prospective, with respect to property 

10 maintenance, financial management or literacy, and such 

11 other matters as may be appropriate to assist them in im12 proving their housing conditions, meeting their financial 

13 needs, and fulfilling the responsibilities of tenancy or 

14 homeownership; for program administration; and for hous15 ing counselor training: Provided further, That for purposes 

16 of awarding grants from amounts provided under this 

17 heading, the Secretary may enter into multiyear agree18 ments, as appropriate, subject to the availability of annual 

19 appropriations. 

20 PAYMENT TO MANUFACTURED HOUSING FEES TRUST

21 FUND

22 For necessary expenses as authorized by the National 

23 Manufactured Housing Construction and Safety Stand24 ards Act of 1974 (42 U.S.C. 5401 et seq.), up to 

25 $14,000,000, to remain available until expended, of which 


pbinns on DSKJLVW7X2PROD with $$_JOB
172 

•S 4670 IS

1 $14,000,000 shall be derived from the Manufactured 

2 Housing Fees Trust Fund (established under section 

3 620(e) of such Act (42 U.S.C. 5419(e)): Provided, That 

4 not to exceed the total amount appropriated under this 

5 heading shall be available from the general fund of the 

6 Treasury to the extent necessary to incur obligations and 

7 make expenditures pending the receipt of collections to the 

8 Fund pursuant to section 620 of such Act: Provided fur9 ther, That the amount made available under this heading 

10 from the general fund shall be reduced as such collections 

11 are received during fiscal year 2023 so as to result in a 

12 final fiscal year 2023 appropriation from the general fund 

13 estimated at zero, and fees pursuant to such section 620 

14 shall be modified as necessary to ensure such a final fiscal 

15 year 2023 appropriation: Provided further, That for the 

16 dispute resolution and installation programs, the Sec17 retary may assess and collect fees from any program par18 ticipant: Provided further, That such collections shall be 

19 deposited into the Trust Fund, and the Secretary, as pro20 vided herein, may use such collections, as well as fees col21 lected under section 620 of such Act, for necessary ex22 penses of such Act: Provided further, That, notwith23 standing the requirements of section 620 of such Act, the 

24 Secretary may carry out responsibilities of the Secretary 

25 under such Act through the use of approved service proVerDate Sep 11 2014 00:06 Jul 29, 2022 Jkt 029200 PO 00000 Frm 00172 Fmt 6652 Sfmt 6201 E:\BILLS\S4670.IS S4670

pbinns on DSKJLVW7X2PROD with $$_JOB
173 

•S 4670 IS

1 viders that are paid directly by the recipients of their serv2 ices. 

3 FEDERAL HOUSING ADMINISTRATION

4 MUTUAL MORTGAGE INSURANCE PROGRAM ACCOUNT

5 New commitments to guarantee single family loans 

6 insured under the Mutual Mortgage Insurance Fund shall 

7 not exceed $400,000,000,000, to remain available until 

8 September 30, 2024: Provided, That during fiscal year 

9 2023, obligations to make direct loans to carry out the 

10 purposes of section 204(g) of the National Housing Act, 

11 as amended, shall not exceed $1,000,000: Provided fur12 ther, That the foregoing amount in the preceding proviso 

13 shall be for loans to nonprofit and governmental entities 

14 in connection with sales of single family real properties 

15 owned by the Secretary and formerly insured under the 

16 Mutual Mortgage Insurance Fund: Provided further, That 

17 for administrative contract expenses of the Federal Hous18 ing Administration, $150,000,000, to remain available 

19 until September 30, 2024: Provided further, That to the 

20 extent guaranteed loan commitments exceed 

21 $200,000,000,000 on or before April 1, 2023, an addi22 tional $1,400 for administrative contract expenses shall be 

23 available for each $1,000,000 in additional guaranteed 

24 loan commitments (including a pro rata amount for any 

25 amount below $1,000,000), but in no case shall funds 


pbinns on DSKJLVW7X2PROD with $$_JOB
174 

•S 4670 IS

1 made available by this proviso exceed $30,000,000: Pro2 vided further, That notwithstanding the limitation in the 

3 first sentence of section 255(g) of the National Housing 

4 Act (12 U.S.C. 1715z–20(g)), during fiscal year 2023 the 

5 Secretary may insure and enter into new commitments to 

6 insure mortgages under section 255 of the National Hous7 ing Act only to the extent that the net credit subsidy cost 

8 for such insurance does not exceed zero. 

9 GENERAL AND SPECIAL RISK PROGRAM ACCOUNT

10 New commitments to guarantee loans insured under 

11 the General and Special Risk Insurance Funds, as author12 ized by sections 238 and 519 of the National Housing Act 

13 (12 U.S.C. 1715z–3 and 1735c), shall not exceed 

14 $35,000,000,000 in total loan principal, any part of which 

15 is to be guaranteed, to remain available until September 

16 30, 2024: Provided, That during fiscal year 2023, gross 

17 obligations for the principal amount of direct loans, as au18 thorized by sections 204(g), 207(l), 238, and 519(a) of 

19 the National Housing Act, shall not exceed $1,000,000, 

20 which shall be for loans to nonprofit and governmental en21 tities in connection with the sale of single family real prop22 erties owned by the Secretary and formerly insured under 

23 such Act. 


pbinns on DSKJLVW7X2PROD with $$_JOB
175 

•S 4670 IS

1 GOVERNMENT NATIONAL MORTGAGE ASSOCIATION

2 GUARANTEES OF MORTGAGE-BACKED SECURITIES LOAN

3 GUARANTEE PROGRAM ACCOUNT

4 New commitments to issue guarantees to carry out 

5 the purposes of section 306 of the National Housing Act, 

6 as amended (12 U.S.C. 1721(g)), shall not exceed 

7 $900,000,000,000, to remain available until September 

8 30, 2024: Provided, That $42,400,000, to remain avail9 able until September 30, 2024, shall be for necessary sala10 ries and expenses of the Government National Mortgage 

11 Association: Provided further, That to the extent that 

12 guaranteed loan commitments exceed $155,000,000,000 

13 on or before April 1, 2023, an additional $100 for nec14 essary salaries and expenses shall be available until ex15 pended for each $1,000,000 in additional guaranteed loan 

16 commitments (including a pro rata amount for any 

17 amount below $1,000,000), but in no case shall funds 

18 made available by this proviso exceed $3,000,000: Pro19 vided further, That receipts from Commitment and 

20 Multiclass fees collected pursuant to title III of the Na21 tional Housing Act (12 U.S.C. 1716 et seq.) shall be cred22 ited as offsetting collections to this account. 


pbinns on DSKJLVW7X2PROD with $$_JOB
176 

•S 4670 IS

1 POLICY DEVELOPMENT AND RESEARCH

2 RESEARCH AND TECHNOLOGY

3 For contracts, grants, and necessary expenses of pro4 grams of research and studies relating to housing and 

5 urban problems, not otherwise provided for, as authorized 

6 by title V of the Housing and Urban Development Act 

7 of 1970 (12 U.S.C. 1701z–1 et seq.), including carrying 

8 out the functions of the Secretary of Housing and Urban 

9 Development under section 1(a)(1)(i) of Reorganization 

10 Plan No. 2 of 1968, and for technical assistance, 

11 $115,000,000, to remain available until September 30, 

12 2024: Provided, That with respect to amounts made avail13 able under this heading, notwithstanding section 203 of 

14 this title, the Secretary may enter into cooperative agree15 ments with philanthropic entities, other Federal agencies, 

16 State or local governments and their agencies, Indian 

17 Tribes, tribally designated housing entities, or colleges or 

18 universities for research projects: Provided further, That 

19 with respect to the preceding proviso, such partners to the 

20 cooperative agreements shall contribute at least a 50 per21 cent match toward the cost of the project: Provided fur22 ther, That for non-competitive agreements entered into in 

23 accordance with the preceding two provisos, the Secretary 

24 shall comply with section 2(b) of the Federal Funding Ac25 countability and Transparency Act of 2006 (Public Law 


pbinns on DSKJLVW7X2PROD with $$_JOB
177 

•S 4670 IS

1 109–282, 31 U.S.C. note) in lieu of compliance with sec2 tion 102(a)(4)(C) of the Department of Housing and 

3 Urban Development Reform Act of 1989 (42 U.S.C. 

4 3545(a)(4)(C)) with respect to documentation of award 

5 decisions: Provided further, That prior to obligation of 

6 technical assistance funding, the Secretary shall submit a 

7 plan to the House and Senate Committees on Appropria8 tions on how the Secretary will allocate funding for this 

9 activity at least 30 days prior to obligation: Provided fur10 ther, That none of the funds provided under this heading 

11 may be available for the doctoral dissertation research 

12 grant program. 

13 FAIR HOUSING AND EQUAL OPPORTUNITY

14 FAIR HOUSING ACTIVITIES

15 For contracts, grants, and other assistance, not oth16 erwise provided for, as authorized by title VIII of the Civil 

17 Rights Act of 1968 (42 U.S.C. 3601 et seq.), and section 

18 561 of the Housing and Community Development Act of 

19 1987 (42 U.S.C. 3616a), $85,000,000, to remain available 

20 until September 30, 2024: Provided, That notwithstanding 

21 section 3302 of title 31, United States Code, the Secretary 

22 may assess and collect fees to cover the costs of the Fair 

23 Housing Training Academy, and may use such funds to 

24 develop on-line courses and provide such training: Pro25 vided further, That none of the funds made available under 


pbinns on DSKJLVW7X2PROD with $$_JOB
178 

•S 4670 IS

1 this heading may be used to lobby the executive or legisla2 tive branches of the Federal Government in connection 

3 with a specific contract, grant, or loan: Provided further, 

4 That of the funds made available under this heading, 

5 $1,000,000 shall be available to the Secretary for the cre6 ation and promotion of translated materials and other pro7 grams that support the assistance of persons with limited 

8 English proficiency in utilizing the services provided by 

9 the Department of Housing and Urban Development. 

10 OFFICE OF LEAD HAZARD CONTROL AND HEALTHY

11 HOMES

12 LEAD HAZARD REDUCTION

13 (INCLUDING TRANSFER OF FUNDS)

14 For the Lead Hazard Reduction Program, as author15 ized by section 1011 of the Residential Lead-Based Paint 

16 Hazard Reduction Act of 1992 (42 U.S.C. 4852), and for 

17 related activities and assistance, $390,000,000, to remain 

18 available until September 30, 2025: Provided, That of the 

19 sums appropriated under this heading— 

20 (1) $290,000,000 shall be available for the 

21 award of grants pursuant to such section 1011, of 

22 which not less than $95,000,000 shall be provided to 

23 areas with the highest lead-based paint abatement 

24 needs; 


pbinns on DSKJLVW7X2PROD with $$_JOB
179 

•S 4670 IS

1 (2) $90,000,000 shall be available for the 

2 Healthy Homes Initiative, pursuant to sections 501 

3 and 502 of the Housing and Urban Development 

4 Act of 1970, which shall include research, studies, 

5 testing, and demonstration efforts, including edu6 cation and outreach concerning lead-based paint poi7 soning and other housing-related diseases and haz8 ards, and mitigating housing-related health and 

9 safety hazards in housing of low-income families, of 

10 which— 

11 (A) $5,000,000 of such amounts shall be 

12 available for the implementation of projects in 

13 up to five communities that are served by both 

14 the Healthy Homes Initiative and the Depart15 ment of Energy weatherization programs to 

16 demonstrate whether the coordination of 

17 Healthy Homes remediation activities with 

18 weatherization activities achieves cost savings 

19 and better outcomes in improving the safety 

20 and quality of homes; and 

21 (B) $15,000,000 of such amounts shall be 

22 available for grants to experienced non-profit 

23 organizations, States, local governments, or 

24 public housing agencies for safety and func25 tional home modification repairs and renovaVerDate Sep 11 2014 00:06 Jul 29, 2022 Jkt 029200 PO 00000 Frm 00179 Fmt 6652 Sfmt 6201 E:\BILLS\S4670.IS S4670

pbinns on DSKJLVW7X2PROD with $$_JOB
180 

•S 4670 IS

1 tions to meet the needs of low-income seniors to 

2 enable them to remain in their primary resi3 dence: Provided, That of the total amount made 

4 available under this subparagraph no less than 

5 $5,000,000 shall be available to meet such 

6 needs in communities with substantial rural 

7 populations; 

8 (3) $5,000,000 shall be available for the award 

9 of grants and contracts for research pursuant to sec10 tions 1051 and 1052 of the Residential Lead-Based 

11 Paint Hazard Reduction Act of 1992 (42 U.S.C. 

12 4854, 4854a); 

13 (4) up to $2,000,000 in total of the amounts 

14 made available under paragraphs (2) and (3) may be 

15 transferred to the heading ‘‘Research and Tech16 nology’’ for the purposes of conducting research and 

17 studies and for use in accordance with the provisos 

18 under that heading for non-competitive agreements; 

19 and 

20 (5) $5,000,000 shall be available for grants for 

21 a radon testing and mitigation safety demonstration 

22 program (the radon demonstration) in public hous23 ing: Provided, That the testing method, mitigation 

24 method, or action level used under the radon dem25 onstration shall be as specified by applicable state or 


pbinns on DSKJLVW7X2PROD with $$_JOB
181 

•S 4670 IS

1 local law, if such law is more protective of human 

2 health or the environment than the method or level 

3 specified by the Secretary: 

4 Provided further, That for purposes of environmental re5 view, pursuant to the National Environmental Policy Act 

6 of 1969 (42 U.S.C. 4321 et seq.) and other provisions of 

7 law that further the purposes of such Act, a grant under 

8 the Healthy Homes Initiative, or the Lead Technical Stud9 ies program, or other demonstrations or programs under 

10 this heading or under prior appropriations Acts for such 

11 purposes under this heading, or under the heading ‘‘Hous12 ing for the Elderly’’ under prior Appropriations Acts, shall 

13 be considered to be funds for a special project for purposes 

14 of section 305(c) of the Multifamily Housing Property 

15 Disposition Reform Act of 1994: Provided further, That 

16 each applicant for a grant or cooperative agreement under 

17 this heading shall certify adequate capacity that is accept18 able to the Secretary to carry out the proposed use of 

19 funds pursuant to a notice of funding opportunity: Pro20 vided further, That amounts made available under this 

21 heading, except for amounts in paragraph (2)(B) for home 

22 modification repairs and renovations, in this or prior ap23 propriations Acts, still remaining available, may be used 

24 for any purpose under this heading notwithstanding the 

25 purpose for which such amounts were appropriated if a 


pbinns on DSKJLVW7X2PROD with $$_JOB
182 

•S 4670 IS

1 program competition is undersubscribed and there are 

2 other program competitions under this heading that are 

3 oversubscribed. 

4 INFORMATION TECHNOLOGY FUND

5 For Department-wide and program-specific informa6 tion technology systems and infrastructure, $383,750,000, 

7 to remain available until September 30, 2025, of which 

8 up to $32,950,000 shall be for development, moderniza9 tion, and enhancement projects, including planning for 

10 such projects: Provided, That not more than 10 percent 

11 of the funds made available under this heading for devel12 opment, modernization, and enhancement may be obli13 gated until the Secretary submits and the House and Sen14 ate Committees on Appropriations approve a plan that— 

15 (1) identifies for each development, moderniza16 tion, and enhancement project to be funded from 

17 available balances, including carryover— 

18 (A) plain language summaries of the 

19 project scope; 

20 (B) the estimated total project cost; and 

21 (C) key milestones to be met; and 

22 (2) identifies for each major modernization 

23 project— 


pbinns on DSKJLVW7X2PROD with $$_JOB
183 

•S 4670 IS

1 (A) the functional and performance capa2 bilities to be delivered and the mission benefits 

3 to be realized; 

4 (B) the estimated life-cycle cost; 

5 (C) key milestones to be met through the 

6 project end date, including any identified sys7 tem decommissioning; 

8 (D) a description of the procurement strat9 egy and governance structure for the project 

10 and the number of HUD staff and contractors 

11 supporting the project; and 

12 (E) certification from the Chief Informa13 tion Officer that each project is compliant with 

14 the Department’s enterprise architecture, life15 cycle management and capital planning and in16 vestment control requirements: 

17 Provided further, That not later than 30 days after the 

18 end of each quarter, the Secretary shall submit an updated 

19 report to the Committees on Appropriations of the House 

20 of Representatives and the Senate summarizing the sta21 tus, cost and plan for all modernization projects; and for 

22 each major modernization project with an approved 

23 project plan, identifying— 

24 (1) results and actual expenditures of the prior 

25 quarter; 


pbinns on DSKJLVW7X2PROD with $$_JOB
184 

•S 4670 IS

1 (2) any variances in cost, schedule (including 

2 procurement), or functionality from the previously 

3 approved project plan, reasons for such variances 

4 and estimated impact on total life-cycle costs; and 

5 (3) risks and mitigation strategies associated 

6 with ongoing work. 

7 OFFICE OF INSPECTOR GENERAL

8 For necessary salaries and expenses of the Office of 

9 Inspector General in carrying out the Inspector General 

10 Act of 1978, as amended, $140,000,000: Provided, That 

11 the Inspector General shall have independent authority 

12 over all personnel issues within this office. 

13 GENERAL PROVISIONS—DEPARTMENT OF HOUSING AND

14 URBAN DEVELOPMENT

15 (INCLUDING TRANSFER OF FUNDS)

16 (INCLUDING RESCISSION)

17 SEC. 201. Fifty percent of the amounts of budget au18 thority, or in lieu thereof 50 percent of the cash amounts 

19 associated with such budget authority, that are recaptured 

20 from projects described in section 1012(a) of the Stewart 

21 B. McKinney Homeless Assistance Amendments Act of 

22 1988 (42 U.S.C. 1437f note) shall be rescinded or in the 

23 case of cash, shall be remitted to the Treasury, and such 

24 amounts of budget authority or cash recaptured and not 

25 rescinded or remitted to the Treasury shall be used by 


pbinns on DSKJLVW7X2PROD with $$_JOB
185 

•S 4670 IS

1 State housing finance agencies or local governments or 

2 local housing agencies with projects approved by the Sec3 retary of Housing and Urban Development for which set4 tlement occurred after January 1, 1992, in accordance 

5 with such section. Notwithstanding the previous sentence, 

6 the Secretary may award up to 15 percent of the budget 

7 authority or cash recaptured and not rescinded or remitted 

8 to the Treasury to provide project owners with incentives 

9 to refinance their project at a lower interest rate. 

10 SEC. 202. None of the funds made available by this 

11 Act may be used during fiscal year 2023 to investigate 

12 or prosecute under the Fair Housing Act any otherwise 

13 lawful activity engaged in by one or more persons, includ14 ing the filing or maintaining of a nonfrivolous legal action, 

15 that is engaged in solely for the purpose of achieving or 

16 preventing action by a Government official or entity, or 

17 a court of competent jurisdiction. 

18 SEC. 203. Except as explicitly provided in law, any 

19 grant, cooperative agreement or other assistance made 

20 pursuant to title II of this Act shall be made on a competi21 tive basis and in accordance with section 102 of the De22 partment of Housing and Urban Development Reform Act 

23 of 1989 (42 U.S.C. 3545). 

24 SEC. 204. Funds of the Department of Housing and 

25 Urban Development subject to the Government CorporaVerDate Sep 11 2014 00:06 Jul 29, 2022 Jkt 029200 PO 00000 Frm 00185 Fmt 6652 Sfmt 6201 E:\BILLS\S4670.IS S4670

pbinns on DSKJLVW7X2PROD with $$_JOB
186 

•S 4670 IS

1 tion Control Act or section 402 of the Housing Act of 

2 1950 shall be available, without regard to the limitations 

3 on administrative expenses, for legal services on a contract 

4 or fee basis, and for utilizing and making payment for 

5 services and facilities of the Federal National Mortgage 

6 Association, Government National Mortgage Association, 

7 Federal Home Loan Mortgage Corporation, Federal Fi8 nancing Bank, Federal Reserve banks or any member 

9 thereof, Federal Home Loan banks, and any insured bank 

10 within the meaning of the Federal Deposit Insurance Cor11 poration Act, as amended (12 U.S.C. 1811–1). 

12 SEC. 205. Unless otherwise provided for in this Act 

13 or through a reprogramming of funds, no part of any ap14 propriation for the Department of Housing and Urban 

15 Development shall be available for any program, project 

16 or activity in excess of amounts set forth in the budget 

17 estimates submitted to Congress. 

18 SEC. 206. Corporations and agencies of the Depart19 ment of Housing and Urban Development which are sub20 ject to the Government Corporation Control Act are here21 by authorized to make such expenditures, within the limits 

22 of funds and borrowing authority available to each such 

23 corporation or agency and in accordance with law, and to 

24 make such contracts and commitments without regard to 

25 fiscal year limitations as provided by section 104 of such 


pbinns on DSKJLVW7X2PROD with $$_JOB
187 

•S 4670 IS

1 Act as may be necessary in carrying out the programs set 

2 forth in the budget for 2023 for such corporation or agen3 cy except as hereinafter provided: Provided, That collec4 tions of these corporations and agencies may be used for 

5 new loan or mortgage purchase commitments only to the 

6 extent expressly provided for in this Act (unless such loans 

7 are in support of other forms of assistance provided for 

8 in this or prior appropriations Acts), except that this pro9 viso shall not apply to the mortgage insurance or guaranty 

10 operations of these corporations, or where loans or mort11 gage purchases are necessary to protect the financial in12 terest of the United States Government. 

13 SEC. 207. The Secretary shall provide quarterly re14 ports to the House and Senate Committees on Appropria15 tions regarding all uncommitted, unobligated, recaptured 

16 and excess funds in each program and activity within the 

17 jurisdiction of the Department and shall submit addi18 tional, updated budget information to these Committees 

19 upon request. 

20 SEC. 208. None of the funds made available by this 

21 title may be used for an audit of the Government National 

22 Mortgage Association that makes applicable requirements 

23 under the Federal Credit Reform Act of 1990 (2 U.S.C. 

24 661 et seq.). 


pbinns on DSKJLVW7X2PROD with $$_JOB
188 

•S 4670 IS

1 SEC. 209. (a) Notwithstanding any other provision 

2 of law, subject to the conditions listed under this section, 

3 for fiscal years 2023 and 2024, the Secretary of Housing 

4 and Urban Development may authorize the transfer of 

5 some or all project-based assistance, debt held or insured 

6 by the Secretary and statutorily required low-income and 

7 very low-income use restrictions if any, associated with one 

8 or more multifamily housing project or projects to another 

9 multifamily housing project or projects. 

10 (b) PHASED TRANSFERS.—Transfers of project11 based assistance under this section may be done in phases 

12 to accommodate the financing and other requirements re13 lated to rehabilitating or constructing the project or 

14 projects to which the assistance is transferred, to ensure 

15 that such project or projects meet the standards under 

16 subsection (c). 

17 (c) The transfer authorized in subsection (a) is sub18 ject to the following conditions: 

19 (1) NUMBER AND BEDROOM SIZE OF UNITS.— 

20 (A) For occupied units in the transferring 

21 project: The number of low-income and very 

22 low-income units and the configuration (i.e., 

23 bedroom size) provided by the transferring 

24 project shall be no less than when transferred 

25 to the receiving project or projects and the net 


pbinns on DSKJLVW7X2PROD with $$_JOB
189 

•S 4670 IS

1 dollar amount of Federal assistance provided to 

2 the transferring project shall remain the same 

3 in the receiving project or projects. 

4 (B) For unoccupied units in the transfer5 ring project: The Secretary may authorize a re6 duction in the number of dwelling units in the 

7 receiving project or projects to allow for a re8 configuration of bedroom sizes to meet current 

9 market demands, as determined by the Sec10 retary and provided there is no increase in the 

11 project-based assistance budget authority. 

12 (2) The transferring project shall, as deter13 mined by the Secretary, be either physically obsolete 

14 or economically nonviable, or be reasonably expected 

15 to become economically nonviable when complying 

16 with state or Federal requirements for community 

17 integration and reduced concentration of individuals 

18 with disabilities. 

19 (3) The receiving project or projects shall meet 

20 or exceed applicable physical standards established 

21 by the Secretary. 

22 (4) The owner or mortgagor of the transferring 

23 project shall notify and consult with the tenants re24 siding in the transferring project and provide a cerVerDate Sep 11 2014 00:06 Jul 29, 2022 Jkt 029200 PO 00000 Frm 00189 Fmt 6652 Sfmt 6201 E:\BILLS\S4670.IS S4670

pbinns on DSKJLVW7X2PROD with $$_JOB
190 

•S 4670 IS

1 tification of approval by all appropriate local govern2 mental officials. 

3 (5) The tenants of the transferring project who 

4 remain eligible for assistance to be provided by the 

5 receiving project or projects shall not be required to 

6 vacate their units in the transferring project or 

7 projects until new units in the receiving project are 

8 available for occupancy. 

9 (6) The Secretary determines that this transfer 

10 is in the best interest of the tenants. 

11 (7) If either the transferring project or the re12 ceiving project or projects meets the condition speci13 fied in subsection (d)(2)(A), any lien on the receiv14 ing project resulting from additional financing ob15 tained by the owner shall be subordinate to any 

16 FHA-insured mortgage lien transferred to, or placed 

17 on, such project by the Secretary, except that the 

18 Secretary may waive this requirement upon deter19 mination that such a waiver is necessary to facilitate 

20 the financing of acquisition, construction, and/or re21 habilitation of the receiving project or projects. 

22 (8) If the transferring project meets the re23 quirements of subsection (d)(2), the owner or mort24 gagor of the receiving project or projects shall exe25 cute and record either a continuation of the existing 


pbinns on DSKJLVW7X2PROD with $$_JOB
191 

•S 4670 IS

1 use agreement or a new use agreement for the 

2 project where, in either case, any use restrictions in 

3 such agreement are of no lesser duration than the 

4 existing use restrictions. 

5 (9) The transfer does not increase the cost (as 

6 defined in section 502 of the Congressional Budget 

7 Act of 1974 (2 U.S.C. 661a)) of any FHA-insured 

8 mortgage, except to the extent that appropriations 

9 are provided in advance for the amount of any such 

10 increased cost. 

11 (d) For purposes of this section— 

12 (1) the terms ‘‘low-income’’ and ‘‘very low-in13 come’’ shall have the meanings provided by the stat14 ute and/or regulations governing the program under 

15 which the project is insured or assisted; 

16 (2) the term ‘‘multifamily housing project’’ 

17 means housing that meets one of the following con18 ditions— 

19 (A) housing that is subject to a mortgage 

20 insured under the National Housing Act; 

21 (B) housing that has project-based assist22 ance attached to the structure including 

23 projects undergoing mark to market debt re24 structuring under the Multifamily Assisted 

25 Housing Reform and Affordability Housing Act; 


pbinns on DSKJLVW7X2PROD with $$_JOB
192 

•S 4670 IS

1 (C) housing that is assisted under section 

2 202 of the Housing Act of 1959 (12 U.S.C. 

3 1701q); 

4 (D) housing that is assisted under section 

5 202 of the Housing Act of 1959 (12 U.S.C. 

6 1701q), as such section existed before the en7 actment of the Cranston-Gonzales National Af8 fordable Housing Act; 

9 (E) housing that is assisted under section 

10 811 of the Cranston-Gonzales National Afford11 able Housing Act (42 U.S.C. 8013); or 

12 (F) housing or vacant land that is subject 

13 to a use agreement; 

14 (3) the term ‘‘project-based assistance’’ 

15 means— 

16 (A) assistance provided under section 8(b) 

17 of the United States Housing Act of 1937 (42 

18 U.S.C. 1437f(b)); 

19 (B) assistance for housing constructed or 

20 substantially rehabilitated pursuant to assist21 ance provided under section 8(b)(2) of such Act 

22 (as such section existed immediately before Oc23 tober 1, 1983); 


pbinns on DSKJLVW7X2PROD with $$_JOB
193 

•S 4670 IS

1 (C) rent supplement payments under sec2 tion 101 of the Housing and Urban Develop3 ment Act of 1965 (12 U.S.C. 1701s); 

4 (D) interest reduction payments under sec5 tion 236 and/or additional assistance payments 

6 under section 236(f)(2) of the National Hous7 ing Act (12 U.S.C. 1715z–1); 

8 (E) assistance payments made under sec9 tion 202(c)(2) of the Housing Act of 1959 (12 

10 U.S.C. 1701q(c)(2)); and 

11 (F) assistance payments made under sec12 tion 811(d)(2) of the Cranston-Gonzalez Na13 tional Affordable Housing Act (42 U.S.C. 

14 8013(d)(2)); 

15 (4) the term ‘‘receiving project or projects’’ 

16 means the multifamily housing project or projects to 

17 which some or all of the project-based assistance, 

18 debt, and statutorily required low-income and very 

19 low-income use restrictions are to be transferred; 

20 (5) the term ‘‘transferring project’’ means the 

21 multifamily housing project which is transferring 

22 some or all of the project-based assistance, debt, and 

23 the statutorily required low-income and very low-in24 come use restrictions to the receiving project or 

25 projects; and 


pbinns on DSKJLVW7X2PROD with $$_JOB
194 

•S 4670 IS

1 (6) the term ‘‘Secretary’’ means the Secretary 

2 of Housing and Urban Development. 

3 (e) RESEARCH REPORT.—The Secretary shall con4 duct an evaluation of the transfer authority under this sec5 tion, including the effect of such transfers on the oper6 ational efficiency, contract rents, physical and financial 

7 conditions, and long-term preservation of the affected 

8 properties. 

9 SEC. 210. (a) No assistance shall be provided under 

10 section 8 of the United States Housing Act of 1937 (42 

11 U.S.C. 1437f) to any individual who— 

12 (1) is enrolled as a student at an institution of 

13 higher education (as defined under section 102 of 

14 the Higher Education Act of 1965 (20 U.S.C. 

15 1002)); 

16 (2) is under 24 years of age; 

17 (3) is not a veteran; 

18 (4) is unmarried; 

19 (5) does not have a dependent child; 

20 (6) is not a person with disabilities, as such 

21 term is defined in section 3(b)(3)(E) of the United 

22 States Housing Act of 1937 (42 U.S.C. 

23 1437a(b)(3)(E)) and was not receiving assistance 

24 under such section 8 as of November 30, 2005; 


pbinns on DSKJLVW7X2PROD with $$_JOB
195 

•S 4670 IS

1 (7) is not a youth who left foster care at age 

2 14 or older and is at risk of becoming homeless; and 

3 (8) is not otherwise individually eligible, or has 

4 parents who, individually or jointly, are not eligible, 

5 to receive assistance under section 8 of the United 

6 States Housing Act of 1937 (42 U.S.C. 1437f). 

7 (b) For purposes of determining the eligibility of a 

8 person to receive assistance under section 8 of the United 

9 States Housing Act of 1937 (42 U.S.C. 1437f), any finan10 cial assistance (in excess of amounts received for tuition 

11 and any other required fees and charges) that an indi12 vidual receives under the Higher Education Act of 1965 

13 (20 U.S.C. 1001 et seq.), from private sources, or from 

14 an institution of higher education (as defined under sec15 tion 102 of the Higher Education Act of 1965 (20 U.S.C. 

16 1002)), shall be considered income to that individual, ex17 cept for a person over the age of 23 with dependent chil18 dren. 

19 SEC. 211. The funds made available for Native Alas20 kans under paragraph (1) under the heading ‘‘Native 

21 American Programs’’ in title II of this Act shall be allo22 cated to the same Native Alaskan housing block grant re23 cipients that received funds in fiscal year 2005, and only 

24 such recipients shall be eligible to apply for funds made 

25 available under paragraph (2) of such heading. 


pbinns on DSKJLVW7X2PROD with $$_JOB
196 

•S 4670 IS

1 SEC. 212. Notwithstanding any other provision of 

2 law, in fiscal year 2023, in managing and disposing of any 

3 multifamily property that is owned or has a mortgage held 

4 by the Secretary of Housing and Urban Development, and 

5 during the process of foreclosure on any property with a 

6 contract for rental assistance payments under section 8 

7 of the United States Housing Act of 1937 (42 U.S.C. 

8 1437f) or any other Federal programs, the Secretary shall 

9 maintain any rental assistance payments under section 8 

10 of the United States Housing Act of 1937 and other pro11 grams that are attached to any dwelling units in the prop12 erty. To the extent the Secretary determines, in consulta13 tion with the tenants and the local government that such 

14 a multifamily property owned or having a mortgage held 

15 by the Secretary is not feasible for continued rental assist16 ance payments under such section 8 or other programs, 

17 based on consideration of (1) the costs of rehabilitating 

18 and operating the property and all available Federal, 

19 State, and local resources, including rent adjustments 

20 under section 524 of the Multifamily Assisted Housing 

21 Reform and Affordability Act of 1997 (in this section 

22 ‘‘MAHRAA’’) (42 U.S.C. 1437f note), and (2) environ23 mental conditions that cannot be remedied in a cost-effec24 tive fashion, the Secretary may, in consultation with the 

25 tenants of that property, contract for project-based rental 


pbinns on DSKJLVW7X2PROD with $$_JOB
197 

•S 4670 IS

1 assistance payments with an owner or owners of other ex2 isting housing properties, or provide other rental assist3 ance. The Secretary shall also take appropriate steps to 

4 ensure that project-based contracts remain in effect prior 

5 to foreclosure, subject to the exercise of contractual abate6 ment remedies to assist relocation of tenants for imminent 

7 major threats to health and safety after written notice to 

8 and informed consent of the affected tenants and use of 

9 other available remedies, such as partial abatements or re10 ceivership. After disposition of any multifamily property 

11 described in this section, the contract and allowable rent 

12 levels on such properties shall be subject to the require13 ments under section 524 of MAHRAA. 

14 SEC. 213. Public housing agencies that own and oper15 ate 400 or fewer public housing units may elect to be ex16 empt from any asset management requirement imposed by 

17 the Secretary in connection with the operating fund rule: 

18 Provided, That an agency seeking a discontinuance of a 

19 reduction of subsidy under the operating fund formula 

20 shall not be exempt from asset management requirements. 

21 SEC. 214. With respect to the use of amounts pro22 vided in this Act and in future Acts for the operation, cap23 ital improvement, and management of public housing as 

24 authorized by sections 9(d) and 9(e) of the United States 

25 Housing Act of 1937 (42 U.S.C. 1437g(d),(e)), the SecVerDate Sep 11 2014 00:06 Jul 29, 2022 Jkt 029200 PO 00000 Frm 00197 Fmt 6652 Sfmt 6201 E:\BILLS\S4670.IS S4670

pbinns on DSKJLVW7X2PROD with $$_JOB
198 

•S 4670 IS

1 retary shall not impose any requirement or guideline relat2 ing to asset management that restricts or limits in any 

3 way the use of capital funds for central office costs pursu4 ant to paragraph (1) or (2) of section 9(g) of the United 

5 States Housing Act of 1937 (42 U.S.C. 1437g(g)(1), (2)): 

6 Provided, That a public housing agency may not use cap7 ital funds authorized under section 9(d) for activities that 

8 are eligible under section 9(e) for assistance with amounts 

9 from the operating fund in excess of the amounts per10 mitted under paragraph (1) or (2) of section 9(g). 

11 SEC. 215. No official or employee of the Department 

12 of Housing and Urban Development shall be designated 

13 as an allotment holder unless the Office of the Chief Fi14 nancial Officer has determined that such allotment holder 

15 has implemented an adequate system of funds control and 

16 has received training in funds control procedures and di17 rectives. The Chief Financial Officer shall ensure that 

18 there is a trained allotment holder for each HUD appro19 priation under the accounts ‘‘Executive Offices’’, ‘‘Admin20 istrative Support Offices’’, ‘‘Program Offices’’, ‘‘Govern21 ment National Mortgage Association—Guarantees of 

22 Mortgage-Backed Securities Loan Guarantee Program 

23 Account’’, and ‘‘Office of Inspector General’’ within the 

24 Department of Housing and Urban Development. 


pbinns on DSKJLVW7X2PROD with $$_JOB
199 

•S 4670 IS

1 SEC. 216. The Secretary shall, for fiscal year 2023, 

2 notify the public through the Federal Register and other 

3 means, as determined appropriate, of the issuance of a no4 tice of the availability of assistance or notice of funding 

5 opportunity (NOFO) for any program or discretionary 

6 fund administered by the Secretary that is to be competi7 tively awarded. Notwithstanding any other provision of 

8 law, for fiscal year 2023, the Secretary may make the 

9 NOFO available only on the Internet at the appropriate 

10 Government website or through other electronic media, as 

11 determined by the Secretary. 

12 SEC. 217. Payment of attorney fees in program-re13 lated litigation shall be paid from the individual program 

14 office and Office of General Counsel salaries and expenses 

15 appropriations. 

16 SEC. 218. The Secretary is authorized to transfer up 

17 to 10 percent or $5,000,000, whichever is less, of funds 

18 appropriated for any office under the headings ‘‘Adminis19 trative Support Offices’’, or ‘‘Program Offices’’ to any 

20 other such office under such headings: Provided, That no 

21 appropriation for any such office under such headings 

22 shall be increased or decreased by more than 10 percent 

23 or $5,000,000, whichever is less, without prior written ap24 proval of the House and Senate Committees on Appropria25 tions: Provided further, That the Secretary shall provide 


pbinns on DSKJLVW7X2PROD with $$_JOB
200 

•S 4670 IS

1 notification to such Committees 3 business days in ad2 vance of any such transfers under this section up to 10 

3 percent or $5,000,000, whichever is less. 

4 SEC. 219. (a) Any entity receiving housing assistance 

5 payments shall maintain decent, safe, and sanitary condi6 tions, as determined by the Secretary, and comply with 

7 any standards under applicable State or local laws, rules, 

8 ordinances, or regulations relating to the physical condi9 tion of any property covered under a housing assistance 

10 payment contract. 

11 (b) The Secretary shall take action under subsection 

12 (c) when a multifamily housing project with a contract 

13 under section 8 of the United States Housing Act of 1937 

14 (42 U.S.C. 1437f) or a contract for similar project-based 

15 assistance— 

16 (1) receives a Uniform Physical Condition 

17 Standards (UPCS) score of 59 or less; or 

18 (2) fails to certify in writing to the Secretary 

19 within 3 days that all Exigent Health and Safety de20 ficiencies identified by the inspector at the project 

21 have been corrected. 

22 Such requirements shall apply to insured and non23 insured projects with assistance attached to the units 

24 under section 8 of the United States Housing Act of 1937 

25 (42 U.S.C. 1437f), but shall not apply to such units asVerDate Sep 11 2014 00:06 Jul 29, 2022 Jkt 029200 PO 00000 Frm 00200 Fmt 6652 Sfmt 6201 E:\BILLS\S4670.IS S4670

pbinns on DSKJLVW7X2PROD with $$_JOB
201 

•S 4670 IS

1 sisted under section 8(o)(13) of such Act (42 U.S.C. 

2 1437f(o)(13)) or to public housing units assisted with cap3 ital or operating funds under section 9 of the United 

4 States Housing Act of 1937 (42 U.S.C. 1437g). 

5 (c)(1) Within 15 days of the issuance of the Real Es6 tate Assessment Center (‘‘REAC’’) inspection, the Sec7 retary shall provide the owner with a Notice of Default 

8 with a specified timetable, determined by the Secretary, 

9 for correcting all deficiencies. The Secretary shall provide 

10 a copy of the Notice of Default to the tenants, the local 

11 government, any mortgagees, and any contract adminis12 trator. If the owner’s appeal results in a UPCS score of 

13 60 or above, the Secretary may withdraw the Notice of 

14 Default. 

15 (2) At the end of the time period for correcting all 

16 deficiencies specified in the Notice of Default, if the owner 

17 fails to fully correct such deficiencies, the Secretary may— 

18 (A) require immediate replacement of project 

19 management with a management agent approved by 

20 the Secretary; 

21 (B) impose civil money penalties, which shall be 

22 used solely for the purpose of supporting safe and 

23 sanitary conditions at applicable properties, as des24 ignated by the Secretary, with priority given to the 

25 tenants of the property affected by the penalty; 


pbinns on DSKJLVW7X2PROD with $$_JOB
202 

•S 4670 IS

1 (C) abate the section 8 contract, including par2 tial abatement, as determined by the Secretary, until 

3 all deficiencies have been corrected; 

4 (D) pursue transfer of the project to an owner, 

5 approved by the Secretary under established proce6 dures, who will be obligated to promptly make all re7 quired repairs and to accept renewal of the assist8 ance contract if such renewal is offered; 

9 (E) transfer the existing section 8 contract to 

10 another project or projects and owner or owners; 

11 (F) pursue exclusionary sanctions, including 

12 suspensions or debarments from Federal programs; 

13 (G) seek judicial appointment of a receiver to 

14 manage the property and cure all project deficiencies 

15 or seek a judicial order of specific performance re16 quiring the owner to cure all project deficiencies; 

17 (H) work with the owner, lender, or other re18 lated party to stabilize the property in an attempt 

19 to preserve the property through compliance, trans20 fer of ownership, or an infusion of capital provided 

21 by a third-party that requires time to effectuate; or 

22 (I) take any other regulatory or contractual 

23 remedies available as deemed necessary and appro24 priate by the Secretary. 


pbinns on DSKJLVW7X2PROD with $$_JOB
203 

•S 4670 IS

1 (d) The Secretary shall take appropriate steps to en2 sure that project-based contracts remain in effect, subject 

3 to the exercise of contractual abatement remedies to assist 

4 relocation of tenants for major threats to health and safety 

5 after written notice to the affected tenants. To the extent 

6 the Secretary determines, in consultation with the tenants 

7 and the local government, that the property is not feasible 

8 for continued rental assistance payments under such sec9 tion 8 or other programs, based on consideration of— 

10 (1) the costs of rehabilitating and operating the 

11 property and all available Federal, State, and local 

12 resources, including rent adjustments under section 

13 524 of the Multifamily Assisted Housing Reform 

14 and Affordability Act of 1997 (‘‘MAHRAA’’); and 

15 (2) environmental conditions that cannot be 

16 remedied in a cost-effective fashion, the Secretary 

17 may contract for project-based rental assistance pay18 ments with an owner or owners of other existing 

19 housing properties, or provide other rental assist20 ance. 

21 (e) The Secretary shall report semi-annually on all 

22 properties covered by this section that are assessed 

23 through the Real Estate Assessment Center and have 

24 UPCS physical inspection scores of less than 60 or have 


pbinns on DSKJLVW7X2PROD with $$_JOB
204 

•S 4670 IS

1 received an unsatisfactory management and occupancy re2 view within the past 36 months. The report shall include— 

3 (1) identification of the enforcement actions 

4 being taken to address such conditions, including 

5 imposition of civil money penalties and termination 

6 of subsidies, and identification of properties that 

7 have such conditions multiple times; 

8 (2) identification of actions that the Depart9 ment of Housing and Urban Development is taking 

10 to protect tenants of such identified properties; and 

11 (3) any administrative or legislative rec12 ommendations to further improve the living condi13 tions at properties covered under a housing assist14 ance payment contract. 

15 The first report shall be submitted to the Senate and 

16 House Committees on Appropriations not later than 30 

17 days after the enactment of this Act, and the second re18 port shall be submitted within 180 days of the transmittal 

19 of the first report. 

20 SEC. 220. None of the funds made available by this 

21 Act, or any other Act, for purposes authorized under sec22 tion 8 (only with respect to the tenant-based rental assist23 ance program) and section 9 of the United States Housing 

24 Act of 1937 (42 U.S.C. 1437 et seq.), may be used by 

25 any public housing agency for any amount of salary, inVerDate Sep 11 2014 00:06 Jul 29, 2022 Jkt 029200 PO 00000 Frm 00204 Fmt 6652 Sfmt 6201 E:\BILLS\S4670.IS S4670

pbinns on DSKJLVW7X2PROD with $$_JOB
205 

•S 4670 IS

1 cluding bonuses, for the chief executive officer of which, 

2 or any other official or employee of which, that exceeds 

3 the annual rate of basic pay payable for a position at level 

4 IV of the Executive Schedule at any time during any pub5 lic housing agency fiscal year 2023. 

6 SEC. 221. None of the funds made available by this 

7 Act and provided to the Department of Housing and 

8 Urban Development may be used to make a grant award 

9 unless the Secretary notifies the House and Senate Com10 mittees on Appropriations not less than 3 full business 

11 days before any project, State, locality, housing authority, 

12 Tribe, nonprofit organization, or other entity selected to 

13 receive a grant award is announced by the Department 

14 or its offices. 

15 SEC. 222. None of the funds made available in this 

16 Act shall be used by the Federal Housing Administration, 

17 the Government National Mortgage Association, or the 

18 Department of Housing and Urban Development to in19 sure, securitize, or establish a Federal guarantee of any 

20 mortgage or mortgage backed security that refinances or 

21 otherwise replaces a mortgage that has been subject to 

22 eminent domain condemnation or seizure, by a State, mu23 nicipality, or any other political subdivision of a State. 

24 SEC. 223. None of the funds made available by this 

25 Act may be used to terminate the status of a unit of genVerDate Sep 11 2014 00:06 Jul 29, 2022 Jkt 029200 PO 00000 Frm 00205 Fmt 6652 Sfmt 6201 E:\BILLS\S4670.IS S4670

pbinns on DSKJLVW7X2PROD with $$_JOB
206 

•S 4670 IS

1 eral local government as a metropolitan city (as defined 

2 in section 102 of the Housing and Community Develop3 ment Act of 1974 (42 U.S.C. 5302)) with respect to 

4 grants under section 106 of such Act (42 U.S.C. 5306). 

5 SEC. 224. Amounts made available by this Act that 

6 are appropriated, allocated, advanced on a reimbursable 

7 basis, or transferred to the Office of Policy Development 

8 and Research of the Department of Housing and Urban 

9 Development and functions thereof, for research, evalua10 tion, or statistical purposes, and that are unexpended at 

11 the time of completion of a contract, grant, or cooperative 

12 agreement, may be deobligated and shall immediately be13 come available and may be reobligated in that fiscal year 

14 or the subsequent fiscal year for the research, evaluation, 

15 or statistical purposes for which the amounts are made 

16 available to that Office subject to reprogramming require17 ments in section 246 of this Act. 

18 SEC. 225. None of the funds provided in this Act or 

19 any other Act may be used for awards, including perform20 ance, special act, or spot, for any employee of the Depart21 ment of Housing and Urban Development subject to ad22 ministrative discipline (including suspension from work), 

23 in this fiscal year, but this prohibition shall not be effec24 tive prior to the effective date of any such administrative 


pbinns on DSKJLVW7X2PROD with $$_JOB
207 

•S 4670 IS

1 discipline or after any final decision over-turning such dis2 cipline. 

3 SEC. 226. With respect to grant amounts awarded 

4 under the heading ‘‘Homeless Assistance Grants’’ for fis5 cal years 2015 through 2023 for the Continuum of Care 

6 (CoC) program as authorized under subtitle C of title IV 

7 of the McKinney-Vento Homeless Assistance Act, costs 

8 paid by program income of grant recipients may count to9 ward meeting the recipient’s matching requirements, pro10 vided the costs are eligible CoC costs that supplement the 

11 recipient’s CoC program. 

12 SEC. 227. (a) From amounts made available under 

13 this title under the heading ‘‘Homeless Assistance 

14 Grants’’, the Secretary may award 1-year transition 

15 grants to recipients of funds for activities under subtitle 

16 C of the McKinney-Vento Homeless Assistance Act (42 

17 U.S.C. 11381 et seq.) to transition from one Continuum 

18 of Care program component to another. 

19 (b) In order to be eligible to receive a transition 

20 grant, the funding recipient must have the consent of the 

21 continuum of care and meet standards determined by the 

22 Secretary. 

23 SEC. 228. The Promise Zone designations and Prom24 ise Zone Designation Agreements entered into pursuant 

25 to such designations, made by the Secretary in prior fiscal 


pbinns on DSKJLVW7X2PROD with $$_JOB
208 

•S 4670 IS

1 years, shall remain in effect in accordance with the terms 

2 and conditions of such agreements. 

3 SEC. 229. None of the amounts made available in this 

4 Act may be used to consider Family Self-Sufficiency per5 formance measures or performance scores in determining 

6 funding awards for programs receiving Family Self-Suffi7 ciency program coordinator funding provided in this Act. 

8 SEC. 230. Any public housing agency designated as 

9 a Moving to Work agency pursuant to section 239 of divi10 sion L of Public Law 114–113 (42 U.S.C. 1437f note; 

11 129 Stat. 2897) may, upon such designation, use funds 

12 (except for special purpose funding, including special pur13 pose vouchers) previously allocated to any such public 

14 housing agency under section 8 or 9 of the United States 

15 Housing Act of 1937, including any reserve funds held by 

16 the public housing agency or funds held by the Depart17 ment of Housing and Urban Development, pursuant to the 

18 authority for use of section 8 or 9 funding provided under 

19 such section and section 204 of title II of the Departments 

20 of Veterans Affairs and Housing and Urban Development 

21 and Independent Agencies Appropriations Act, 1996 

22 (Public Law 104–134; 110 Stat. 1321–28), notwith23 standing the purposes for which such funds were appro24 priated. 


pbinns on DSKJLVW7X2PROD with $$_JOB
209 

•S 4670 IS

1 SEC. 231. None of the amounts made available by 

2 this Act may be used to prohibit any public housing agen3 cy under receivership or the direction of a Federal monitor 

4 from applying for, receiving, or using funds made available 

5 under the heading ‘‘Public Housing Fund’’ for competitive 

6 grants to evaluate and reduce lead-based paint hazards in 

7 this Act or that remain available and not awarded from 

8 prior Acts, or be used to prohibit a public housing agency 

9 from using such funds to carry out any required work pur10 suant to a settlement agreement, consent decree, vol11 untary agreement, or similar document for a violation of 

12 the Lead Safe Housing or Lead Disclosure Rules. 

13 SEC. 232. None of the funds made available by this 

14 Act may be used to issue rules or guidance in contraven15 tion of section 1210 of Public Law 115–254 (132 Stat. 

16 3442) or section 312 of the Robert T. Stafford Disaster 

17 Relief and Emergency Assistance Act (42 U.S.C. 5155). 

18 SEC. 233. Funds previously made available in the 

19 Consolidated Appropriations Act, 2016 (Public Law 114– 

20 113) for the ‘‘Choice Neighborhoods Initiative’’ that were 

21 available for obligation through fiscal year 2018 are to re22 main available through fiscal year 2024 for the liquidation 

23 of valid obligations incurred in fiscal years 2016 through 

24 2018. 


pbinns on DSKJLVW7X2PROD with $$_JOB
210 

•S 4670 IS

1 SEC. 234. None of the funds made available by this 

2 Act may be used by the Department of Housing and 

3 Urban Development to direct a grantee to undertake spe4 cific changes to existing zoning laws as part of carrying 

5 out the final rule entitled ‘‘Affirmatively Furthering Fair 

6 Housing’’ (80 Fed. Reg. 42272 (July 16, 2015)) or the 

7 notice entitled ‘‘Affirmatively Furthering Fair Housing 

8 Assessment Tool’’ (79 Fed. Reg. 57949 (September 26, 

9 2014)). 

10 SEC. 235. The language under the heading ‘‘Rental 

11 Assistance Demonstration’’ in the Department of Housing 

12 and Urban Development Appropriations Act, 2012 (Public 

13 Law 112–55), as most recently amended by Public Law 

14 117–103, is further amended— 

15 (1) in the initial undesignated matter, by strik16 ing ‘‘and ‘Public Housing Operating Fund’ ’’ and in17 serting ‘‘, ‘Public Housing Operating Fund’ and 

18 ‘Public Housing Fund’ ’’; 

19 (2) in the second proviso, by striking ‘‘until 

20 September 30, 2024’’ and inserting ‘‘for fiscal year 

21 2012 and thereafter’’; 

22 (3) by striking the fourth proviso and inserting 

23 the following new provisos: ‘‘Provided further, That 

24 at properties with assistance under section 9 of the 

25 Act requesting to partially convert such assistance, 


pbinns on DSKJLVW7X2PROD with $$_JOB
211 

•S 4670 IS

1 and where an event under section 18 of the Act oc2 curs that results in the eligibility for tenant protec3 tion vouchers under section 8(o) of the Act, the Sec4 retary may convert the tenant protection voucher as5 sistance to assistance under a project-based subsidy 

6 contract under section 8 of the Act, which shall be 

7 eligible for renewal under section 524 of the Multi8 family Assisted Housing Reform and Affordability 

9 Act of 1997, or assistance under section 8(o)(13) of 

10 the Act, so long as the property meets any addi11 tional requirements established by the Secretary to 

12 facilitate conversion: Provided further, That to facili13 tate the conversion of assistance under the previous 

14 proviso, the Secretary may transfer an amount equal 

15 to the total amount that would have been allocated 

16 for tenant protection voucher assistance for prop17 erties that have requested such conversions from 

18 amounts made available for tenant protection vouch19 er assistance under the heading ‘Tenant-Based 

20 Rental Assistance’ to the heading ‘Project-Based 

21 Rental Assistance’: Provided further, That at prop22 erties with assistance previously converted hereunder 

23 to assistance under the heading ‘Project Based 

24 Rental Assistance,’ which are also separately as25 sisted under section 8(o)(13) of the Act, the SecVerDate Sep 11 2014 00:06 Jul 29, 2022 Jkt 029200 PO 00000 Frm 00211 Fmt 6652 Sfmt 6201 E:\BILLS\S4670.IS S4670

pbinns on DSKJLVW7X2PROD with $$_JOB
212 

•S 4670 IS

1 retary may, with the consent of the public housing 

2 agency and owner, terminate such project-based sub3 sidy contracts and immediately enter into one new 

4 project-based subsidy contract under section 8 of the 

5 Act, which shall be eligible for renewal under section 

6 524 of the Multifamily Assisted Housing Reform 

7 and Affordability Act of 1997, subject to the re8 quirement that any residents assisted under section 

9 8(o)(13) of the Act at the time of such termination 

10 of such project-based subsidy contract shall retain 

11 all rights accrued under section 8(o)(13)(E) of the 

12 Act under the new project-based subsidy contract 

13 and section 8(o)(13)(F)(iv) of the Act shall not 

14 apply: Provided further, That to carry out the pre15 vious proviso, the Secretary may transfer from the 

16 heading ‘Tenant-Based Rental Assistance’ to the 

17 heading ‘Project-Based Rental Assistance’ an 

18 amount equal to the amounts associated with such 

19 terminating contract under section 8(o)(13) of the 

20 Act:’’; 

21 (4) in the thirteenth proviso, as reordered 

22 above, by— 

23 (A) inserting ‘‘ ‘Public Housing Fund’, 

24 ‘Self-Sufficiency Programs’, ‘Family Self-SuffiVerDate Sep 11 2014 00:06 Jul 29, 2022 Jkt 029200 PO 00000 Frm 00212 Fmt 6652 Sfmt 6201 E:\BILLS\S4670.IS S4670

pbinns on DSKJLVW7X2PROD with $$_JOB
213 

•S 4670 IS

1 ciency’ ’’ following ‘‘ ‘Public Housing Operating 

2 Fund’,’’; and 

3 (B) inserting ‘‘or the ongoing availability 

4 of services for residents’’ after ‘‘effective con5 version of assistance under the demonstration’’; 

6 (5) after the twenty-third proviso, as reordered 

7 above, by inserting the following proviso: ‘‘Provided 

8 further, That owners of properties with a senior 

9 preservation rental assistance contract under section 

10 811 of the American Homeownership and Economic 

11 Opportunity Act of 2000 (12 U.S.C. 1701q note), 

12 shall be eligible, subject to requirements established 

13 by the Secretary as necessary to facilitate the con14 version of assistance while maintaining the afford15 ability period and the designation of the property as 

16 serving elderly families, and tenant consultation pro17 cedures, for conversion of assistance available for 

18 such assistance contracts to assistance under a long19 term project-based subsidy contract under section 8 

20 of the Act’’; 

21 (6) in the twenty-eighth proviso, as reordered 

22 above, by inserting ‘‘, section 811 of the American 

23 Homeownership and Economic Opportunity Act of 

24 2000,’’ after ‘‘Housing Act of 1959’’; and 


pbinns on DSKJLVW7X2PROD with $$_JOB
214 

•S 4670 IS

1 (7) in the thirty-third proviso, as reordered 

2 above, by striking ‘‘any section 202 project rental 

3 assistance contract or section 811 project rental as4 sistance contract conversions’’ and inserting ‘‘the 

5 conversion of assistance from section 202(c)(2) of 

6 the Housing Act of 1959, section 811 of the Amer7 ican Homeownership and Economic Opportunity Act 

8 of 2000, or section 811(d)(2) of the Cranston-Gon9 zalez National Affordable Housing Act’’. 

10 SEC. 236. For fiscal year 2023, if the Secretary de11 termines or has determined, for any prior formula grant 

12 allocation administered by the Secretary through the Of13 fices of Public and Indian Housing, Community Planning 

14 and Development, or Housing, that a recipient received 

15 an allocation greater than the amount such recipient 

16 should have received for a formula allocation cycle pursu17 ant to applicable statutes and regulations, the Secretary 

18 may adjust for any such funding error in the next applica19 ble formula allocation cycle by (a) offsetting each such re20 cipient’s formula allocation (if eligible for a formula alloca21 tion in the next applicable formula allocation cycle) by the 

22 amount of any such funding error, and (b) reallocating 

23 any available balances that are attributable to the offset 

24 to the recipient or recipients that would have been allo25 cated additional funds in the formula allocation cycle in 


pbinns on DSKJLVW7X2PROD with $$_JOB
215 

•S 4670 IS

1 which any such error occurred (if such recipient or recipi2 ents are eligible for a formula allocation in the next appli3 cable formula allocation cycle) in an amount proportionate 

4 to such recipient’s eligibility under the next applicable for5 mula allocation cycle: Provided, That all offsets and re6 allocations from such available balances shall be recorded 

7 against funds available for the next applicable formula al8 location cycle: Provided further, That the term ‘‘next appli9 cable formula allocation cycle’’ means the first formula al10 location cycle for a program that is reasonably available 

11 for correction following such a Secretarial determination: 

12 Provided further, That if, upon request by a recipient and 

13 giving consideration to all Federal resources available to 

14 the recipient for the same grant purposes, the Secretary 

15 determines that the offset in the next applicable formula 

16 allocation cycle would critically impair the recipient’s abil17 ity to accomplish the purpose of the formula grant, the 

18 Secretary may adjust for the funding error across two or 

19 more formula allocation cycles. 

20 SEC. 237. Section 239 of the Department of Housing 

21 and Urban Development Appropriations Act, 2016 (Public 

22 Law 114–113; 129 Stat. 2897) is amended by striking 

23 ‘‘7-year period’’ and inserting ‘‘8-year period’’ in the fifth 

24 sentence. 


pbinns on DSKJLVW7X2PROD with $$_JOB
216 

•S 4670 IS

1 SEC. 238. The Secretary may transfer from amounts 

2 made available for salaries and expenses under this title 

3 (excluding amounts made available under the heading 

4 ‘‘Office of Inspector General’’) up to $500,000 from each 

5 office to the heading ‘‘Information Technology Fund’’ for 

6 information technology needs of such transferring office, 

7 to remain available until September 30, 2025: Provided, 

8 That this transfer authority shall not be used to fund in9 formation technology projects or activities that have 

10 known out-year development, modernization, or enhance11 ment costs in excess of $500,000: Provided further, That 

12 the Secretary shall provide notification to the House and 

13 Senate Committees on Appropriations no less than three 

14 business days in advance of any such transfer. 

15 SEC. 239. Funds previously made available in the 

16 Consolidated Appropriations Act, 2019 (Public Law 116– 

17 6) for ‘‘Lead Hazard Reduction’’ that were available for 

18 obligation through fiscal year 2020 are to remain available 

19 through fiscal year 2027 for the liquidation of valid obliga20 tions incurred in fiscal years 2019 through 2020. 

21 SEC. 240. The Multifamily Assisted Housing Reform 

22 and Affordability Act of 1997 (42 U.S.C. 1437f note) is 

23 amended— 

24 (a) in section 515, by adding at the end the following 

25 new subsection: 


pbinns on DSKJLVW7X2PROD with $$_JOB
217 

•S 4670 IS

1 ‘‘(d) RENT ADJUSTMENTS AND SUBSEQUENT RE2 NEWALS.—After the initial renewal of a section 8 contract 

3 pursuant to this section and notwithstanding any other 

4 provision of law or contract regarding the adjustment of 

5 rents or subsequent renewal of such contract for a project, 

6 including such a provision in section 514 or this section, 

7 in the case of a project subject to any restrictions imposed 

8 pursuant to sections 514 or this section, the Secretary 

9 may, not more often than once every 10 years, adjust such 

10 rents or renew such contracts at rent levels that are equal 

11 to the lesser of budget-based rents or comparable market 

12 rents for the market area upon the request of an owner 

13 or purchaser who— 

14 ‘‘(1) demonstrates that— 

15 ‘‘(A) project income is insufficient to oper16 ate and maintain the project, as determined by 

17 the Secretary; or 

18 ‘‘(B) the rent adjustment or renewal con19 tract is necessary to support commercially rea20 sonable financing (including any required debt 

21 service coverage and replacement reserve) for 

22 rehabilitation necessary to ensure the long-term 

23 sustainability of the project, as determined by 

24 the Secretary; and 

25 ‘‘(2) agrees to— 


pbinns on DSKJLVW7X2PROD with $$_JOB
218 

•S 4670 IS

1 ‘‘(A) extend the affordability and use re2 strictions required under 514(e)(6) for an addi3 tional twenty years; and 

4 ‘‘(B) enter into a binding commitment to 

5 continue to renew such contract for and during 

6 such extended term, provided that after the af7 fordability and use restrictions required under 

8 514(e)(6) have been maintained for a term of 

9 30 years: 

10 ‘‘(i) an owner with a contract for 

11 which rent levels were set at the time of its 

12 initial renewal under section 514(g)(2) 

13 shall request that the Secretary renew such 

14 contract under section 524 for and during 

15 such extended term; and 

16 ‘‘(ii) an owner with a contract for 

17 which rent levels were set at the time of its 

18 initial renewal under section 514(g)(1) 

19 may request that the Secretary renew such 

20 contract under section 524.’’; and 

21 (b) in section 579, by striking ‘‘October 1, 2022’’ 

22 each place it appears and inserting in lieu thereof ‘‘Octo23 ber 1, 2027’’. 

24 SEC. 241. (a) With respect to the funds made avail25 able for the Continuum of Care program authorized under 


pbinns on DSKJLVW7X2PROD with $$_JOB
219 

•S 4670 IS

1 subtitle C of title IV of the McKinney-Vento Homeless As2 sistance Act (42 U.S.C. 11381 et seq.) under the heading 

3 ‘‘Homeless Assistance Grants’’ in the Department of 

4 Housing and Urban Development Appropriations Act, 

5 2021 (Public Law 116–260), under section 231 of the De6 partment of Housing and Urban Development Appropria7 tions Act, 2020 (42 U.S.C. 11364a), or in this title, Title 

8 VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et 

9 seq.) and Title VIII of the Civil Rights Act of 1968 (42 

10 U.S.C. 3601 et seq.) shall not apply to applications by 

11 or awards for projects to be carried out— 

12 (1) on or off reservation or trust lands for 

13 awards made to Indian tribes or tribally designated 

14 housing entities; or 

15 (2) on reservation or trust lands for awards 

16 made to eligible entities as defined in section 401 of 

17 the McKinney-Vento Homeless-Assistance Act (42 

18 U.S.C. 11360). 

19 (b) With respect to funds made available for the Con20 tinuum of Care program authorized under subtitle C of 

21 title IV of the McKinney-Vento Homeless Assistance Act 

22 (42 U.S.C. 11381 et seq.) under the heading ‘‘Homeless 

23 Assistance Grants’’ in this title or under section 231 of 

24 the Department of Housing and Urban Development Ap25 propriations Act, 2020 (42 U.S.C. 11364a)— 


pbinns on DSKJLVW7X2PROD with $$_JOB
220 

•S 4670 IS

1 (1) applications for projects to be carried out 

2 on reservations or trust land shall contain a certifi3 cation of consistency with an approved Indian hous4 ing plan developed under section 102 of the Native 

5 American Housing Assistance and Self-Determina6 tion Act (NAHASDA) (25 U.S.C. 4112), notwith7 standing section 106 of the Cranston-Gonzalez Na8 tional Affordable Housing Act (42 U.S.C. 12706) 

9 and section 403 of the McKinney-Vento Homeless 

10 Assistance Act (42 U.S.C. 11361); 

11 (2) Indian tribes and tribally designated hous12 ing entities that are recipients of awards for projects 

13 on reservations or trust land shall certify that they 

14 are following an approved housing plan developed 

15 under section 102 of NAHASDA (25 U.S.C. 4112); 

16 and 

17 (3) a collaborative applicant for a Continuum of 

18 Care whose geographic area includes only reserva19 tion and trust land is not required to meet the re20 quirement in section 402(f)(2) of the McKinney21 Vento Homeless Assistance Act (42 U.S.C. 

22 11360a(f)(2)). 

23 SEC. 242. (a) Section 184(a) of the Housing and 

24 Community Development Act of 1992 (12 U.S.C. 1715z– 

25 13a(a)) is amended to read as follows: 


pbinns on DSKJLVW7X2PROD with $$_JOB
221 

•S 4670 IS

1 ‘‘(a) AUTHORITY.—To provide access to sources of 

2 private financing to Indian families, Indian housing au3 thorities, and Indian tribes, who otherwise could not ac4 quire housing financing because of the unique legal status 

5 of Indian lands and the unique nature of tribal economies; 

6 and to expand homeownership opportunities to Indian 

7 families, Indian housing authorities and Indian tribes on 

8 fee simple lands, the Secretary may guarantee not to ex9 ceed 100 percent of the unpaid principal and interest due 

10 on any loan eligible under subsection (b) made to an In11 dian family, Indian housing authority, or Indian tribe on 

12 trust land and fee simple land.’’. 

13 (b) Section 184(b)(2) of the Housing and Community 

14 Development Act of 1992 (12 U.S.C. 1715z–13a(b)(2)) is 

15 amended to read as follows: 

16 ‘‘(2) ELIGIBLE HOUSING.—The loan shall be 

17 used to construct, acquire, refinance, or rehabilitate 

18 1- to 4-family dwellings that are standard housing.’’. 

19 (c) Section 184A of the Housing and Community De20 velopment Act of 1992 (12 U.S.C. 1715z–13b) is amend21 ed— 

22 (1) in subsection (b), by inserting ‘‘, and to ex23 pand homeownership opportunities to Native Hawai24 ian families who are eligible to receive a homestead 

25 under the Hawaiian Homes Commission Act, 1920 


pbinns on DSKJLVW7X2PROD with $$_JOB
222 

•S 4670 IS

1 (42 Stat. 108) on fee simple lands in the State of 

2 Hawaii’’ after ‘‘markets’’; and 

3 (2) in subsection (c), by striking paragraph (2) 

4 and inserting the following: 

5 ‘‘(2) ELIGIBLE HOUSING.—The loan shall be 

6 used to construct, acquire, refinance, or rehabilitate 

7 1- to 4-family dwellings that are standard housing.’’. 

8 SEC. 243. (a) Section 184(b)(5)(A) of the Housing 

9 and Community Development Act of 1992 (12 U.S.C. 

10 1715z–13a(b)(5)(A)) is amended to read as follows: 

11 ‘‘(5) TERMS.—The loan shall— 

12 ‘‘(A) be made for a term not exceeding 30 

13 years, except as determined by the Secretary, 

14 when there is a loan modification under sub15 section (h)(1)(B), the loan shall not exceed 40 

16 years;’’. 

17 (b) Section 184A(c)(5)(A) of the Housing and Com18 munity Development Act of 1992 (12 U.S.C. 1715z– 

19 13b(c)(5)(A)) is amended to read as follows: 

20 ‘‘(5) TERMS.—The loan shall— 

21 ‘‘(A) be made for a term not exceeding 30 

22 years; except, as determined by the Secretary, 

23 when there is a loan modification under sub24 section (i)(1)(B) the term of the loan shall not 

25 exceed 40 years;’’. 


pbinns on DSKJLVW7X2PROD with $$_JOB
223 

•S 4670 IS

1 SEC. 244. Section 105 of the Housing and Commu2 nity Development Act of 1974 (42 U.S.C. 5305) is amend3 ed by adding at the end the following new subsection: 

4 ‘‘(j) SPECIAL ACTIVITIES BY INDIAN TRIBES.—In5 dian tribes receiving grants under section 5306(a)(1) of 

6 this title (section 106(a)(1) of this Act) shall be authorized 

7 to carry out activities described in subsection (a)(15) di8 rectly.’’. 

9 SEC. 245. Of the amounts made available under the 

10 heading ‘‘Project-Based Rental Assistance’’ in prior Acts, 

11 up to $1,300,000 may be transferred to Treasury Account 

12 86–X–0148 for the liquidation of obligations incurred in 

13 fiscal year 2018 in connection with the continued provision 

14 of interest reduction payments authorized under section 

15 236 of the National Housing Act (12 U.S.C. 1715z–1). 

16 SEC. 246. Except as otherwise provided in this Act, 

17 none of the funds provided in this title, provided by pre18 vious appropriations Acts to the Department of Housing 

19 and Urban Development that remain available for obliga20 tion or expenditure in fiscal year 2023, or provided from 

21 any accounts in the Treasury derived by the collection of 

22 fees and available to the Department of Housing and 

23 Urban Development, shall be available for obligation or 

24 expenditure through a reprogramming of funds that— 


pbinns on DSKJLVW7X2PROD with $$_JOB
224 

•S 4670 IS

1 (1) For Program and Information Technology 

2 funds— 

3 (A) initiates or creates a new program, 

4 project, or activity; 

5 (B) eliminates a program, project, or activ6 ity; 

7 (C) increases funds for any program, 

8 project, or activity for which funds have been 

9 denied or restricted by the Congress; 

10 (D) proposes to use funds directed for a 

11 specific activity by either the House or Senate 

12 Committees on Appropriations for a different 

13 purpose; 

14 (E) augments existing programs, projects, 

15 or activities in excess of $5,000,000 or 10 per16 cent, whichever is less; or 

17 (F) reduces existing programs, projects, or 

18 activities by $5,000,000 or 10 percent which19 ever is less; 

20 (2) For Salaries and Expenses funds— 

21 (A) assigns personnel or hires to support 

22 the creation of a new program, project, or activ23 ity not previously included in the President’s 

24 budget; 


pbinns on DSKJLVW7X2PROD with $$_JOB
225 

•S 4670 IS

1 (B) increases the personnel or other re2 sources for any program, project, or activity for 

3 which funds have been denied or restricted by 

4 the Congress; 

5 (C) relocates or closes an office; or 

6 (D) creates, reorganizes or restructures an 

7 office, division, branch, board or administration, 

8 which shall include the transfer of any function 

9 from one organizational unit to another organi10 zational unit; 

11 unless prior written notification is provided to, and ap12 proval is received from the House and Senate Committees 

13 on Appropriations. 

14 SEC. 247. Not later than 60 days after the date of 

15 enactment of this Act, the Department of Housing and 

16 Urban Development shall submit a report to the Commit17 tees on Appropriations of the Senate and of the House 

18 of Representatives to establish the baseline for application 

19 of reprogramming and transfer authorities for the current 

20 fiscal year: Provided, That the report shall include— 

21 (1) a table for each appropriation with a sepa22 rate column to display the prior year enacted level, 

23 the President’s budget request, adjustments made by 

24 Congress, adjustments due to enacted rescissions, if 

25 appropriate, and the fiscal year enacted level; 


pbinns on DSKJLVW7X2PROD with $$_JOB
226 

•S 4670 IS

1 (2) for program and information technology 

2 funds, a delineation in the table for each appropria3 tion and its respective prior year enacted level by 

4 program, project, and activity as detailed in this 

5 Act, the explanatory statement accompanying this 

6 Act, accompanying reports of the House and Senate 

7 Committees on Appropriations, or the budget appen8 dix for the respective appropriation, whichever is 

9 more detailed, and shall apply to all items for which 

10 a dollar amount is specified and to all new programs 

11 for which new budget authority is provided; 

12 (3) for salaries and expenses funds, an organi13 zational chart for each office that includes detail to 

14 the branch level, and clearly identifies those ‘‘organi15 zational units’’ to which paragraph (2) shall be ap16 plied; and 

17 (4) an identification of items of special congres18 sional interest. 

19 SEC. 248. The Secretary shall comply with all process 

20 requirements, including public notice and comment, when 

21 seeking to revise any annual contributions contract. 

22 SEC. 249. None of the funds appropriated or other23 wise made available in this or prior Acts may be used by 

24 the Department to carry out customer experience activities 


pbinns on DSKJLVW7X2PROD with $$_JOB
227 

•S 4670 IS

1 within the Office of the Assistant Chief Financial Officer 

2 for Budget. 

3 SEC. 250. For an additional amount for ‘‘Long-Term 

4 Disaster Recovery Fund’’, $1,447,000,000, to remain 

5 available until expended, for grants for the Community 

6 Development Block Grant Disaster Recovery Program 

7 under section 123 of the Housing and Community Devel8 opment Act of 1974, as added by section 506 of title V 

9 of this Act, to respond to current or future major disasters 

10 declared under section 401 of the Robert T. Stafford Dis11 aster Relief and Emergency Assistance Act (42 U.S.C. 

12 5179): Provided, That such amount is designated by the 

13 Congress as being for an emergency requirement pursuant 

14 to section 4001(a)(1) of S. Con. Res. 14 (117th Con15 gress), the concurrent resolution on the budget for fiscal 

16 year 2022, and section 1(e) of H. Res. 1151 (117th Con17 gress), as engrossed in the House of Representatives on 

18 June 8, 2022. 

19 This title may be cited as the ‘‘Department of Hous20 ing and Urban Development Appropriations Act, 2023’’. 


pbinns on DSKJLVW7X2PROD with $$_JOB
228 

•S 4670 IS

1 TITLE III 

2 RELATED AGENCIES 

3 ACCESS BOARD

4 SALARIES AND EXPENSES

5 For expenses necessary for the Access Board, as au6 thorized by section 502 of the Rehabilitation Act of 1973 

7 (29 U.S.C. 792), $9,850,000: Provided, That, notwith8 standing any other provision of law, there may be credited 

9 to this appropriation funds received for publications and 

10 training expenses. 

11 FEDERAL MARITIME COMMISSION

12 SALARIES AND EXPENSES

13 For necessary expenses of the Federal Maritime 

14 Commission as authorized by section 201(d) of the Mer15 chant Marine Act, 1936, as amended (46 U.S.C. 46107), 

16 including services as authorized by section 3109 of title 

17 5, United States Code; hire of passenger motor vehicles 

18 as authorized by section 1343(b) of title 31, United States 

19 Code; and uniforms or allowances therefore, as authorized 

20 by sections 5901 and 5902 of title 5, United States Code, 

21 $38,260,000, of which $2,000,000 shall remain available 

22 until September 30, 2024: Provided, That not to exceed 

23 $3,500 shall be for official reception and representation 

24 expenses. 


pbinns on DSKJLVW7X2PROD with $$_JOB
229 

•S 4670 IS

1 NATIONAL RAILROAD PASSENGER CORPORATION

2 OFFICE OF INSPECTOR GENERAL

3 SALARIES AND EXPENSES

4 For necessary expenses of the Office of Inspector 

5 General for the National Railroad Passenger Corporation 

6 to carry out the provisions of the Inspector General Act 

7 of 1978 (5 U.S.C. App. 3), $27,720,000: Provided, That 

8 the Inspector General shall have all necessary authority, 

9 in carrying out the duties specified in such Act, to inves10 tigate allegations of fraud, including false statements to 

11 the Government under section 1001 of title 18, United 

12 States Code, by any person or entity that is subject to 

13 regulation by the National Railroad Passenger Corpora14 tion: Provided further, That the Inspector General may 

15 enter into contracts and other arrangements for audits, 

16 studies, analyses, and other services with public agencies 

17 and with private persons, subject to the applicable laws 

18 and regulations that govern the obtaining of such services 

19 within the National Railroad Passenger Corporation: Pro20 vided further, That the Inspector General may select, ap21 point, and employ such officers and employees as may be 

22 necessary for carrying out the functions, powers, and du23 ties of the Office of Inspector General, subject to the appli24 cable laws and regulations that govern such selections, ap25 pointments, and employment within the National Railroad 


pbinns on DSKJLVW7X2PROD with $$_JOB
230 

•S 4670 IS

1 Passenger Corporation: Provided further, That concurrent 

2 with the President’s budget request for fiscal year 2024, 

3 the Inspector General shall submit to the House and Sen4 ate Committees on Appropriations a budget request for 

5 fiscal year 2024 in similar format and substance to budget 

6 requests submitted by executive agencies of the Federal 

7 Government. 

8 NATIONAL TRANSPORTATION SAFETY BOARD

9 SALARIES AND EXPENSES

10 For necessary expenses of the National Transpor11 tation Safety Board, including hire of passenger motor ve12 hicles and aircraft; services as authorized by section 3109 

13 of title 5, United States Code, but at rates for individuals 

14 not to exceed the per diem rate equivalent to the rate for 

15 a GS–15; uniforms, or allowances therefor, as authorized 

16 by sections 5901 and 5902 of title 5, United States Code, 

17 $129,300,000, of which not to exceed $2,000 may be used 

18 for official reception and representation expenses: Pro19 vided, That the amounts made available to the National 

20 Transportation Safety Board in this Act include amounts 

21 necessary to make lease payments on an obligation in22 curred in fiscal year 2001 for a capital lease. 


pbinns on DSKJLVW7X2PROD with $$_JOB
231 

•S 4670 IS

1 NEIGHBORHOOD REINVESTMENT CORPORATION

2 PAYMENT TO THE NEIGHBORHOOD REINVESTMENT

3 CORPORATION

4 For payment to the Neighborhood Reinvestment Cor5 poration for use in neighborhood reinvestment activities, 

6 as authorized by the Neighborhood Reinvestment Corpora7 tion Act (42 U.S.C. 8101–8107), $166,000,000: Provided, 

8 That an additional $4,000,000, to remain available until 

9 September 30, 2026, shall be for the promotion and devel10 opment of shared equity housing models. 

11 SURFACE TRANSPORTATION BOARD

12 SALARIES AND EXPENSES

13 For necessary expenses of the Surface Transpor14 tation Board, including services authorized by section 

15 3109 of title 5, United States Code, $41,429,000: Pro16 vided, That, notwithstanding any other provision of law, 

17 not to exceed $1,250,000 from fees established by the Sur18 face Transportation Board shall be credited to this appro19 priation as offsetting collections and used for necessary 

20 and authorized expenses under this heading: Provided fur21 ther, That the amounts made available under this heading 

22 from the general fund shall be reduced on a dollar-for23 dollar basis as such offsetting collections are received dur24 ing fiscal year 2023, to result in a final appropriation from 

25 the general fund estimated at not more than $40,179,000. 


pbinns on DSKJLVW7X2PROD with $$_JOB
232 

•S 4670 IS

1 UNITED STATES INTERAGENCY COUNCIL ON

2 HOMELESSNESS

3 OPERATING EXPENSES

4 For necessary expenses, including payment of sala5 ries, authorized travel, hire of passenger motor vehicles, 

6 the rental of conference rooms, and the employment of ex7 perts and consultants under section 3109 of title 5, United 

8 States Code, of the United States Interagency Council on 

9 Homelessness in carrying out the functions pursuant to 

10 title II of the McKinney-Vento Homeless Assistance Act, 

11 as amended, $4,000,000. 


pbinns on DSKJLVW7X2PROD with $$_JOB
233 

•S 4670 IS

1 TITLE IV 

2 GENERAL PROVISIONS—THIS ACT 

3 SEC. 401. None of the funds in this Act shall be used 

4 for the planning or execution of any program to pay the 

5 expenses of, or otherwise compensate, non-Federal parties 

6 intervening in regulatory or adjudicatory proceedings 

7 funded in this Act. 

8 SEC. 402. None of the funds appropriated in this Act 

9 shall remain available for obligation beyond the current 

10 fiscal year, nor may any be transferred to other appropria11 tions, unless expressly so provided herein. 

12 SEC. 403. The expenditure of any appropriation 

13 under this Act for any consulting service through a pro14 curement contract pursuant to section 3109 of title 5, 

15 United States Code, shall be limited to those contracts 

16 where such expenditures are a matter of public record and 

17 available for public inspection, except where otherwise pro18 vided under existing law, or under existing Executive order 

19 issued pursuant to existing law. 

20 SEC. 404. (a) None of the funds made available in 

21 this Act may be obligated or expended for any employee 

22 training that— 

23 (1) does not meet identified needs for knowl24 edge, skills, and abilities bearing directly upon the 

25 performance of official duties; 


pbinns on DSKJLVW7X2PROD with $$_JOB
234 

•S 4670 IS

1 (2) contains elements likely to induce high lev2 els of emotional response or psychological stress in 

3 some participants; 

4 (3) does not require prior employee notification 

5 of the content and methods to be used in the train6 ing and written end of course evaluation; 

7 (4) contains any methods or content associated 

8 with religious or quasi-religious belief systems or 

9 ‘‘new age’’ belief systems as defined in Equal Em10 ployment Opportunity Commission Notice N– 

11 915.022, dated September 2, 1988; or 

12 (5) is offensive to, or designed to change, par13 ticipants’ personal values or lifestyle outside the 

14 workplace. 

15 (b) Nothing in this section shall prohibit, restrict, or 

16 otherwise preclude an agency from conducting training 

17 bearing directly upon the performance of official duties. 

18 SEC. 405. Except as otherwise provided in this Act, 

19 none of the funds provided in titles I or III of this Act, 

20 provided by previous appropriations Acts to the agencies 

21 or entities in titles I or III of this Act that remain avail22 able for obligation or expenditure in fiscal year 2023, or 

23 provided from any accounts in the Treasury derived by 

24 the collection of fees and available to the agencies funded 

25 by titles I or III of this Act, shall be available for obligaVerDate Sep 11 2014 00:06 Jul 29, 2022 Jkt 029200 PO 00000 Frm 00234 Fmt 6652 Sfmt 6201 E:\BILLS\S4670.IS S4670

pbinns on DSKJLVW7X2PROD with $$_JOB
235 

•S 4670 IS

1 tion or expenditure through a reprogramming of funds 

2 that— 

3 (1) creates a new program; 

4 (2) eliminates a program, project, or activity; 

5 (3) increases funds or personnel for any pro6 gram, project, or activity for which funds have been 

7 denied or restricted by the Congress; 

8 (4) proposes to use funds directed for a specific 

9 activity by either the House or Senate Committees 

10 on Appropriations for a different purpose; 

11 (5) augments existing programs, projects, or ac12 tivities in excess of $5,000,000 or 10 percent, which13 ever is less; 

14 (6) reduces existing programs, projects, or ac15 tivities by $5,000,000 or 10 percent, whichever is 

16 less; or 

17 (7) creates, reorganizes, or restructures a 

18 branch, division, office, bureau, board, commission, 

19 agency, administration, or department different from 

20 the budget justifications submitted to the Commit21 tees on Appropriations or the table accompanying 

22 the explanatory statement accompanying this Act, 

23 whichever is more detailed; 

24 unless prior approval is received from the House and Sen25 ate Committees on Appropriations: Provided, That not 


pbinns on DSKJLVW7X2PROD with $$_JOB
236 

•S 4670 IS

1 later than 60 days after the date of enactment of this Act, 

2 agencies funded by title I or III of this Act shall submit 

3 a report to the Committees on Appropriations of the Sen4 ate and of the House of Representatives to establish the 

5 baseline for application of reprogramming and transfer 

6 authorities for the current fiscal year: Provided further, 

7 That the report shall include— 

8 (A) a table for each appropriation with a sepa9 rate column to display the prior year enacted level, 

10 the President’s budget request, adjustments made by 

11 Congress, adjustments due to enacted rescissions, if 

12 appropriate, and the fiscal year enacted level; 

13 (B) a delineation in the table for each appro14 priation and its respective prior year enacted level by 

15 object class and program, project, and activity as de16 tailed in this Act, the table accompanying the ex17 planatory statement accompanying this Act, accom18 panying reports of the House and Senate Committee 

19 on Appropriations, or in the budget appendix for the 

20 respective appropriations, whichever is more de21 tailed, and shall apply to all items for which a dollar 

22 amount is specified and to all programs for which 

23 new budget (obligational) authority is provided, as 

24 well as to discretionary grants and discretionary 

25 grant allocations; and 


pbinns on DSKJLVW7X2PROD with $$_JOB
237 

•S 4670 IS

1 (C) an identification of items of special congres2 sional interest. 

3 SEC. 406. Except as otherwise specifically provided 

4 by law, not to exceed 50 percent of unobligated balances 

5 remaining available at the end of fiscal year 2023 from 

6 appropriations made available for salaries and expenses 

7 for fiscal year 2023 in this Act, shall remain available 

8 through September 30, 2024, for each such account for 

9 the purposes authorized: Provided, That a request shall 

10 be submitted to the House and Senate Committees on Ap11 propriations for approval prior to the expenditure of such 

12 funds: Provided further, That these requests shall be made 

13 in compliance with reprogramming guidelines under sec14 tions 246 and 405 of this Act. 

15 SEC. 407. No funds in this Act may be used to sup16 port any Federal, State, or local projects that seek to use 

17 the power of eminent domain, unless eminent domain is 

18 employed only for a public use: Provided, That for pur19 poses of this section, public use shall not be construed to 

20 include economic development that primarily benefits pri21 vate entities: Provided further, That any use of funds for 

22 mass transit, railroad, airport, seaport or highway 

23 projects, as well as utility projects which benefit or serve 

24 the general public (including energy-related, communica25 tion-related, water-related and wastewater-related infraVerDate Sep 11 2014 00:06 Jul 29, 2022 Jkt 029200 PO 00000 Frm 00237 Fmt 6652 Sfmt 6201 E:\BILLS\S4670.IS S4670

pbinns on DSKJLVW7X2PROD with $$_JOB
238 

•S 4670 IS

1 structure), other structures designated for use by the gen2 eral public or which have other common-carrier or public3 utility functions that serve the general public and are sub4 ject to regulation and oversight by the government, and 

5 projects for the removal of an immediate threat to public 

6 health and safety or brownfields as defined in the Small 

7 Business Liability Relief and Brownfields Revitalization 

8 Act (Public Law 107–118) shall be considered a public 

9 use for purposes of eminent domain. 

10 SEC. 408. None of the funds made available in this 

11 Act may be transferred to any department, agency, or in12 strumentality of the United States Government, except 

13 pursuant to a transfer made by, or transfer authority pro14 vided in, this Act or any other appropriations Act. 

15 SEC. 409. No funds appropriated pursuant to this 

16 Act may be expended by an entity unless the entity agrees 

17 that in expending the assistance the entity will comply 

18 with sections 2 through 4 of the Act of March 3, 1933 

19 (41 U.S.C. 8301–8305, popularly known as the ‘‘Buy 

20 American Act’’). 

21 SEC. 410. No funds appropriated or otherwise made 

22 available under this Act shall be made available to any 

23 person or entity that has been convicted of violating the 

24 Buy American Act (41 U.S.C. 8301–8305). 


pbinns on DSKJLVW7X2PROD with $$_JOB
239 

•S 4670 IS

1 SEC. 411. None of the funds made available in this 

2 Act may be used for first-class airline accommodations in 

3 contravention of sections 301–10.122 and 301–10.123 of 

4 title 41, Code of Federal Regulations. 

5 SEC. 412. None of the funds made available in this 

6 Act may be used to send or otherwise pay for the attend7 ance of more than 50 employees of a single agency or de8 partment of the United States Government, who are sta9 tioned in the United States, at any single international 

10 conference unless the relevant Secretary reports to the 

11 House and Senate Committees on Appropriations at least 

12 5 days in advance that such attendance is important to 

13 the national interest: Provided, That for purposes of this 

14 section the term ‘‘international conference’’ shall mean a 

15 conference occurring outside of the United States attended 

16 by representatives of the United States Government and 

17 of foreign governments, international organizations, or 

18 nongovernmental organizations. 

19 SEC. 413. None of the funds appropriated or other20 wise made available under this Act may be used by the 

21 Surface Transportation Board to charge or collect any fil22 ing fee for rate or practice complaints filed with the Board 

23 in an amount in excess of the amount authorized for dis24 trict court civil suit filing fees under section 1914 of title 

25 28, United States Code. 


pbinns on DSKJLVW7X2PROD with $$_JOB
240 

•S 4670 IS

1 SEC. 414. (a) None of the funds made available in 

2 this Act may be used to maintain or establish a computer 

3 network unless such network blocks the viewing, 

4 downloading, and exchanging of pornography. 

5 (b) Nothing in subsection (a) shall limit the use of 

6 funds necessary for any Federal, State, tribal, or local law 

7 enforcement agency or any other entity carrying out crimi8 nal investigations, prosecution, or adjudication activities. 

9 SEC. 415. (a) None of the funds made available in 

10 this Act may be used to deny an Inspector General funded 

11 under this Act timely access to any records, documents, 

12 or other materials available to the department or agency 

13 over which that Inspector General has responsibilities 

14 under the Inspector General Act of 1978 (5 U.S.C. App.), 

15 or to prevent or impede that Inspector General’s access 

16 to such records, documents, or other materials, under any 

17 provision of law, except a provision of law that expressly 

18 refers to the Inspector General and expressly limits the 

19 Inspector General’s right of access. 

20 (b) A department or agency covered by this section 

21 shall provide its Inspector General with access to all such 

22 records, documents, and other materials in a timely man23 ner. 

24 (c) Each Inspector General shall ensure compliance 

25 with statutory limitations on disclosure relevant to the inVerDate Sep 11 2014 00:06 Jul 29, 2022 Jkt 029200 PO 00000 Frm 00240 Fmt 6652 Sfmt 6201 E:\BILLS\S4670.IS S4670

pbinns on DSKJLVW7X2PROD with $$_JOB
241 

•S 4670 IS

1 formation provided by the establishment over which that 

2 Inspector General has responsibilities under the Inspector 

3 General Act of 1978 (5 U.S.C. App.). 

4 (d) Each Inspector General covered by this section 

5 shall report to the Committees on Appropriations of the 

6 House of Representatives and the Senate within 5 cal7 endar days any failures to comply with this requirement. 

8 SEC. 416. None of the funds appropriated or other9 wise made available by this Act may be used to pay award 

10 or incentive fees for contractors whose performance has 

11 been judged to be below satisfactory, behind schedule, over 

12 budget, or has failed to meet the basic requirements of 

13 a contract, unless the Agency determines that any such 

14 deviations are due to unforeseeable events, government15 driven scope changes, or are not significant within the 

16 overall scope of the project and/or program unless such 

17 awards or incentive fees are consistent with 16.401(e)(2) 

18 of the Federal Acquisition Regulations. 

19 SEC. 417. None of the funds made available by this 

20 Act to the Department of Transportation may be used in 

21 contravention of section 306108 of title 54, United States 

22 Code. 

23 SEC. 418. No part of any appropriation contained in 

24 this Act shall be available to pay the salary for any person 

25 filling a position, other than a temporary position, forVerDate Sep 11 2014 00:06 Jul 29, 2022 Jkt 029200 PO 00000 Frm 00241 Fmt 6652 Sfmt 6201 E:\BILLS\S4670.IS S4670

pbinns on DSKJLVW7X2PROD with $$_JOB
242 

•S 4670 IS

1 merly held by an employee who has left to enter the Armed 

2 Forces of the United States and has satisfactorily com3 pleted his or her period of active military or naval service, 

4 and has within 90 days after his or her release from such 

5 service or from hospitalization continuing after discharge 

6 for a period of not more than 1 year, made application 

7 for restoration to his or her former position and has been 

8 certified by the Office of Personnel Management as still 

9 qualified to perform the duties of his or her former posi10 tion and has not been restored thereto. 

11 SEC. 419. (a) None of the funds made available by 

12 this Act may be used to approve a new foreign air carrier 

13 permit under sections 41301 through 41305 of title 49, 

14 United States Code, or exemption application under sec15 tion 40109 of that title of an air carrier already holding 

16 an air operators certificate issued by a country that is 

17 party to the U.S.-E.U.-Iceland-Norway Air Transport 

18 Agreement where such approval would contravene United 

19 States law or Article 17 bis of the U.S.-E.U.-Iceland-Nor20 way Air Transport Agreement. 

21 (b) Nothing in this section shall prohibit, restrict or 

22 otherwise preclude the Secretary of Transportation from 

23 granting a foreign air carrier permit or an exemption to 

24 such an air carrier where such authorization is consistent 


pbinns on DSKJLVW7X2PROD with $$_JOB
243 

•S 4670 IS

1 with the U.S.-E.U.-Iceland-Norway Air Transport Agree2 ment and United States law. 


pbinns on DSKJLVW7X2PROD with $$_JOB
244 

•S 4670 IS

1 TITLE V 

2 REFORMING DISASTER RECOVERY ACT 

3 SHORT TITLE

4 SEC. 501. This title may be cited as the ‘‘Reforming 

5 Disaster Recovery Act’’. 

6 FINDINGS

7 SEC. 502. Congress finds that— 

8 (1) following a major disaster declared by the 

9 President under section 401 of the Robert T. Staf10 ford Disaster Relief and Emergency Assistance Act 

11 (42 U.S.C. 5170), the subset of communities that 

12 are most impacted and distressed as a result of the 

13 disaster face critical social, economic, and environ14 mental obstacles to recovery, including insufficient 

15 public and private resources to address disaster-re16 lated housing and community development needs for 

17 lower income households and distressed commu18 nities; 

19 (2) unmet disaster recovery needs, including 

20 housing assistance needs, can be especially wide21 spread among persons with extremely low, low, and 

22 moderate incomes; 

23 (3) economic, social, and housing hardships 

24 that affect communities before disasters are exacer25 bated during crises and can delay and complicate 


pbinns on DSKJLVW7X2PROD with $$_JOB
245 

•S 4670 IS

1 long-term recovery, especially after catastrophic 

2 major disasters; 

3 (4) States, units of local government, and In4 dian Tribes within the most impacted and distressed 

5 areas resulting from major disasters benefit from 

6 flexibility to design programs that meet local needs, 

7 but face inadequate financial, technical, and staffing 

8 capacity to plan and carry out sustained recovery, 

9 restoration, and mitigation activities; 

10 (5) the speed and effectiveness considerations of 

11 long-term recovery from catastrophic major disasters 

12 is improved by predictable investments that support 

13 disaster relief, long-term recovery, restoration of 

14 housing and infrastructure, and economic revitaliza15 tion, primarily for the benefit of low- and moderate16 income persons; 

17 (6) undertaking activities that mitigate the ef18 fects of future natural disasters and extreme weath19 er and increase the stock of affordable housing, in20 cluding affordable rental housing, as part of long21 term recovery can significantly reduce future fiscal 

22 and social costs, especially within high-risk areas, 

23 and can help to address outstanding housing and 

24 community development needs by creating jobs and 

25 providing other economic and social benefits within 


pbinns on DSKJLVW7X2PROD with $$_JOB
246 

•S 4670 IS

1 communities that further promote recovery and resil2 ience; and 

3 (7) the general welfare and security of the na4 tion and the health and living standards of its people 

5 require targeted resources to support State and local 

6 governments in carrying out their responsibilities in 

7 disaster recovery and mitigation through interim and 

8 long-term housing and community development ac9 tivities that primarily benefit persons of low and 

10 moderate income. 

11 DEFINITIONS

12 SEC. 503. In this Act: 

13 (1) DEPARTMENT.—The term ‘‘Department’’ 

14 means the Department of Housing and Urban De15 velopment. 

16 (2) FUND.—The term ‘‘Fund’’ means the 

17 Long-Term Disaster Recovery Fund established 

18 under section 505. 

19 (3) SECRETARY.—The term ‘‘Secretary’’ means 

20 the Secretary of Housing and Urban Development. 

21 DUTIES OF THE DEPARTMENT OF HOUSING AND URBAN

22 DEVELOPMENT

23 SEC. 504. (a) IN GENERAL.—The offices and officers 

24 of the Department shall be responsible for— 


pbinns on DSKJLVW7X2PROD with $$_JOB
247 

•S 4670 IS

1 (1) leading and coordinating the disaster-re2 lated responsibilities of the Department under the 

3 National Response Framework, the National Dis4 aster Recovery Framework, and the National Mitiga5 tion Framework; 

6 (2) coordinating and administering programs, 

7 policies, and activities of the Department related to 

8 disaster relief, long-term recovery, resiliency, and 

9 mitigation, including disaster recovery assistance 

10 under title I of the Housing and Community Devel11 opment Act of 1974 (42 U.S.C. 5301 et seq.); 

12 (3) supporting disaster-impacted communities 

13 as those communities specifically assess, plan for, 

14 and address the housing stock and housing needs in 

15 the transition from emergency shelters and interim 

16 housing to permanent housing of those displaced, es17 pecially among vulnerable populations and extremely 

18 low-, low-, and moderate-income households; 

19 (4) collaborating with the Federal Emergency 

20 Management Agency, the Small Business Adminis21 tration, and across the Department to align disaster22 related regulations and policies, including incorpora23 tion of consensus-based codes and standards and in24 surance purchase requirements, and ensuring coordiVerDate Sep 11 2014 00:06 Jul 29, 2022 Jkt 029200 PO 00000 Frm 00247 Fmt 6652 Sfmt 6201 E:\BILLS\S4670.IS S4670

pbinns on DSKJLVW7X2PROD with $$_JOB
248 

•S 4670 IS

1 nation and reducing duplication among other Fed2 eral disaster recovery programs; 

3 (5) promoting best practices in mitigation and 

4 land use planning, including consideration of tradi5 tional, natural, and nature-based infrastructure al6 ternatives; 

7 (6) coordinating technical assistance, including 

8 mitigation, resiliency, and recovery training and in9 formation on all relevant legal and regulatory re10 quirements, to entities that receive disaster recovery 

11 assistance under title I of the Housing and Commu12 nity Development Act of 1974 (42 U.S.C. 5301 et 

13 seq.) that demonstrate capacity constraints; and 

14 (7) supporting State, Tribal, and local govern15 ments in developing, coordinating, and maintaining 

16 their capacity for disaster resilience and recovery, 

17 and developing pre-disaster recovery and hazard 

18 mitigation plans, in coordination with the Federal 

19 Emergency Management Agency and other Federal 

20 agencies. 

21 (b) ESTABLISHMENT OF THE OFFICE OF DISASTER

22 MANAGEMENT AND RESILIENCY.—Section 4 of the De23 partment of Housing and Urban Development Act (42 

24 U.S.C. 3533) is amended by adding at the end the fol25 lowing: 


pbinns on DSKJLVW7X2PROD with $$_JOB
249 

•S 4670 IS

1 ‘‘(i) OFFICE OF DISASTER MANAGEMENT AND RE2 SILIENCY.— 

3 ‘‘(1) ESTABLISHMENT.—There is established, 

4 in the Office of the Secretary, the Office of Disaster 

5 Management and Resiliency. 

6 ‘‘(2) DUTIES.—The Office of Disaster Manage7 ment and Resiliency shall— 

8 ‘‘(A) be responsible for oversight and co9 ordination of all departmental disaster pre10 paredness and response responsibilities; and 

11 ‘‘(B) coordinate with the Federal Emer12 gency Management Agency, the Small Business 

13 Administration, and the Office of Community 

14 Planning and Development and other offices of 

15 the Department in supporting recovery and re16 silience activities to provide a comprehensive 

17 approach in working with communities.’’. 

18 LONG-TERM DISASTER RECOVERY FUND

19 SEC. 505. (a) ESTABLISHMENT.—There is estab20 lished in the Treasury of the United States an account 

21 to be known as the Long-Term Disaster Recovery Fund. 

22 (b) DEPOSITS, TRANSFERS, AND CREDIT.— 

23 (1) IN GENERAL.—The Fund shall consist of 

24 amounts appropriated, transferred, and credited to 

25 the Fund. 


pbinns on DSKJLVW7X2PROD with $$_JOB
250 

•S 4670 IS

1 (2) TRANSFERS.—The following may be trans2 ferred to the Fund: 

3 (A) Amounts made available through sec4 tion 106(c)(4) of the Housing and Community 

5 Development Act of 1974 (42 U.S.C. 

6 5306(c)(4)) as a result of actions taken under 

7 section 104(e), 111, or 123(j) of such Act. 

8 (B) Any unobligated balances available 

9 until expended remaining or subsequently re10 captured from amounts appropriated for any 

11 disaster and related purposes under the heading 

12 ‘‘Community Development Fund’’ in any Act 

13 prior to the establishment of the Fund. 

14 (3) USE OF TRANSFERRED AMOUNTS.— 

15 Amounts transferred to the Fund shall be used for 

16 the eligible uses described in subsection (c). 

17 (c) ELIGIBLE USES OF FUND.— 

18 (1) IN GENERAL.—Amounts in the Fund shall 

19 be available— 

20 (A) to provide assistance in the form of 

21 grants under section 123 of the Housing and 

22 Community Development Act of 1974, as added 

23 by section 506; and 

24 (B) for activities of the Department that 

25 support the provision of such assistance, includVerDate Sep 11 2014 00:06 Jul 29, 2022 Jkt 029200 PO 00000 Frm 00250 Fmt 6652 Sfmt 6201 E:\BILLS\S4670.IS S4670

pbinns on DSKJLVW7X2PROD with $$_JOB
251 

•S 4670 IS

1 ing necessary salaries and expenses, informa2 tion technology, capacity building and technical 

3 assistance (including assistance related to pre4 disaster planning), and readiness and other pre5 disaster planning activities that are not readily 

6 attributable to a single major disaster. 

7 (2) SET ASIDE.—Of each amount appropriated 

8 for or transferred to the Fund, 2 percent shall be 

9 made available for activities described in paragraph 

10 (1)(B), which shall be in addition to other amounts 

11 made available for those activities. 

12 (3) TRANSFER OF FUNDS.—Amounts made 

13 available for use in accordance with paragraph (2)— 

14 (A) may be transferred to the account 

15 under the heading for ‘‘Program Offices—Com16 munity Planning and Development’’, or any 

17 successor account, for the Department to carry 

18 out activities described in paragraph (1)(B); 

19 and 

20 (B) may be used for the activities de21 scribed in paragraph (1)(B) and for the admin22 istrative costs of administering any funds ap23 propriated to the Department under the head24 ing ‘‘Community Planning and Development— 

25 Community Development Fund’’ for any major 


pbinns on DSKJLVW7X2PROD with $$_JOB
252 

•S 4670 IS

1 disaster declared under section 401 of the Rob2 ert T. Stafford Disaster Relief and Emergency 

3 Assistance Act (42 U.S.C. 5170) in any Act be4 fore the establishment of the Fund. 

5 (d) INTERCHANGEABILITY OF PRIOR ADMINISTRA6 TIVE AMOUNTS.—Any amounts appropriated in any Act 

7 prior to the establishment of the Fund and transferred 

8 to the account under the heading ‘‘Program Offices Sala9 ries and Expenses—Community Planning and Develop10 ment’’, or any predecessor account, for the Department 

11 for the costs of administering funds appropriated to the 

12 Department under the heading ‘‘Community Planning and 

13 Development—Community Development Fund’’ for any 

14 major disaster declared under section 401 of the Robert 

15 T. Stafford Disaster Relief and Emergency Assistance Act 

16 (42 U.S.C. 5170) shall be available for the costs of admin17 istering any such funds provided by any prior or future 

18 Act, notwithstanding the purposes for which those 

19 amounts were appropriated and in addition to any amount 

20 provided for the same purposes in other appropriations 

21 Acts. 

22 (e) AVAILABILITY OF AMOUNTS.—Amounts appro23 priated, transferred and credited to the Fund shall remain 

24 available until expended. 


pbinns on DSKJLVW7X2PROD with $$_JOB
253 

•S 4670 IS

1 (f) FORMULA ALLOCATION.—Use of amounts in the 

2 Fund for grants shall be made by formula allocation in 

3 accordance with the requirements of section 123(a) of the 

4 Housing and Community Development Act of 1974, as 

5 added by section 506. 

6 (g) AUTHORIZATION OF APPROPRIATIONS.—There 

7 are authorized to be appropriated to the Fund such sums 

8 as may be necessary to respond to current or future major 

9 disasters declared under section 401 of the Robert T. 

10 Stafford Disaster Relief and Emergency Assistance Act 

11 (42 U.S.C. 5179) for grants under section 123 of the 

12 Housing and Community Development Act of 1974, as 

13 added by section 506. 

14 ESTABLISHMENT OF CDBG DISASTER RECOVERY

15 PROGRAM

16 SEC. 506. Title I of the Housing and Community De17 velopment Act of 1974 (42 U.S.C. 5301 et seq.) is amend18 ed— 

19 (1) in section 102(a) (42 U.S.C. 5302(a))— 

20 (A) in paragraph (20)— 

21 (i) by redesignating subparagraph (B) 

22 as subparagraph (C); 

23 (ii) in subparagraph (C), as so redes24 ignated, by inserting ‘‘or (B)’’ after ‘‘sub25 paragraph (A)’’; and 


pbinns on DSKJLVW7X2PROD with $$_JOB
254 

•S 4670 IS

1 (iii) by inserting after subparagraph 

2 (A) the following: 

3 ‘‘(B) The term ‘persons of extremely low 

4 income’ means families and individuals whose 

5 income levels do not exceed household income 

6 levels determined by the Secretary under sec7 tion 3(b)(2) of the United States Housing Act 

8 of 1937 (42 U.S.C. 1437a(b)(2)(C)), except 

9 that the Secretary may provide alternative defi10 nitions for the Commonwealth of Puerto Rico, 

11 Guam, the Commonwealth of the Northern 

12 Mariana Islands, the United States Virgin Is13 lands, and American Samoa.’’; and 

14 (B) by adding at the end the following: 

15 ‘‘(25) The term ‘major disaster’ has the mean16 ing given the term in section 102 of the Robert T. 

17 Stafford Disaster Relief and Emergency Assistance 

18 Act (42 U.S.C. 5122).’’; 

19 (2) in section 106(c)(4) (42 U.S.C. 

20 5306(c)(4))— 

21 (A) in subparagraph (A)— 

22 (i) by striking ‘‘declared by the Presi23 dent under the Robert T. Stafford Disaster 

24 Relief and Emergency Assistance Act’’; 


pbinns on DSKJLVW7X2PROD with $$_JOB
255 

•S 4670 IS

1 (ii) inserting ‘‘States for use in non2 entitlement areas and to’’ before ‘‘metro3 politan cities’’; and 

4 (iii) inserting ‘‘major’’ after ‘‘affected 

5 by the’’; 

6 (B) in subparagraph (C)— 

7 (i) by striking ‘‘metropolitan city or’’ 

8 and inserting ‘‘State, metropolitan city, 

9 or’’; 

10 (ii) by striking ‘‘city or county’’ and 

11 inserting ‘‘State, city, or county’’; and 

12 (iii) by inserting ‘‘major’’ before ‘‘dis13 aster’’; 

14 (C) in subparagraph (D), by striking ‘‘met15 ropolitan cities and’’ and inserting ‘‘States, 

16 metropolitan cities, and’’; 

17 (D) in subparagraph (F)— 

18 (i) by striking ‘‘metropolitan city or’’ 

19 and inserting ‘‘State, metropolitan city, 

20 or’’; and 

21 (ii) by inserting ‘‘major’’ before ‘‘dis22 aster’’; and 

23 (E) in subparagraph (G), by striking ‘‘met24 ropolitan city or’’ and inserting ‘‘State, metro25 politan city, or’’; and 


pbinns on DSKJLVW7X2PROD with $$_JOB
256 

•S 4670 IS

1 (3) in section 122 (42 U.S.C. 5321), by striking 

2 ‘‘disaster under title IV of the Robert T. Stafford 

3 Disaster Relief and Emergency Assistance Act’’ and 

4 inserting ‘‘major disaster’’; and 

5 (4) by adding at the end the following: 

6 ‘‘SEC. 123. COMMUNITY DEVELOPMENT BLOCK GRANT DIS7 ASTER RECOVERY PROGRAM. 

8 ‘‘(a) AUTHORIZATION, FORMULA, AND ALLOCA9 TION.— 

10 ‘‘(1) AUTHORIZATION.—The Secretary is au11 thorized to make community development block 

12 grant disaster recovery grants from the Long-Term 

13 Disaster Recovery Fund established under section 

14 505 of the Reforming Disaster Recovery Act (herein15 after referred to as the ‘Fund’) for necessary ex16 penses for activities authorized under subsection 

17 (f)(1) related to disaster relief, long-term recovery, 

18 restoration of housing and infrastructure, economic 

19 revitalization, and mitigation in the most impacted 

20 and distressed areas resulting from a catastrophic 

21 major disaster. 

22 ‘‘(2) GRANT AWARDS.—Grants shall be awarded 

23 under this section to States, units of general local 

24 government, and Indian tribes based on capacity and 

25 the concentration of damage, as determined by the 


pbinns on DSKJLVW7X2PROD with $$_JOB
257 

•S 4670 IS

1 Secretary, to support the efficient and effective ad2 ministration of funds. 

3 ‘‘(3) SECTION 106 ALLOCATIONS.—Grants 

4 under this section shall not be considered relevant to 

5 the formula allocations made pursuant to section 

6 106. 

7 ‘‘(4) FEDERAL REGISTER NOTICE.— 

8 ‘‘(A) IN GENERAL.—Not later than 30 

9 days after the date of enactment of this section, 

10 the Secretary shall issue a notice in the Federal 

11 Register containing the latest formula allocation 

12 methodologies used to determine the total esti13 mate of unmet needs related to housing, eco14 nomic revitalization, and infrastructure in the 

15 most impacted and distressed areas resulting 

16 from a catastrophic major disaster. 

17 ‘‘(B) PUBLIC COMMENT.—In the notice 

18 issued under subparagraph (A), the Secretary 

19 shall solicit public comments on— 

20 ‘‘(i) the methodologies described in 

21 subparagraph (A) and seek alternative 

22 methods for formula allocation within a 

23 similar total amount of funding; 

24 ‘‘(ii) the impact of formula methodolo25 gies on rural areas and Tribal areas; 


pbinns on DSKJLVW7X2PROD with $$_JOB
258 

•S 4670 IS

1 ‘‘(iii) adjustments to improve tar2 geting to the most serious needs; 

3 ‘‘(iv) objective criteria for grantee ca4 pacity and concentration of damage to in5 form grantee determinations and minimum 

6 allocation thresholds; and 

7 ‘‘(v) research and data to inform an 

8 additional amount to be provided for miti9 gation depending on type of disaster, which 

10 shall be no more than 30 percent of the 

11 total estimate of unmet needs. 

12 ‘‘(5) REGULATIONS.— 

13 ‘‘(A) IN GENERAL.—The Secretary shall, 

14 by regulation, establish a formula to allocate as15 sistance from the Fund to the most impacted 

16 and distressed areas resulting from a cata17 strophic major disaster. 

18 ‘‘(B) FORMULA REQUIREMENTS.—The for19 mula established under subparagraph (A) 

20 shall— 

21 ‘‘(i) set forth criteria to determine 

22 that a major disaster is catastrophic, which 

23 criteria shall consider the presence of a 

24 high concentration of damaged housing or 

25 businesses that individual, State, Tribal, 


pbinns on DSKJLVW7X2PROD with $$_JOB
259 

•S 4670 IS

1 and local resources could not reasonably be 

2 expected to address without additional 

3 Federal assistance, or other nationally en4 compassing data that the Secretary deter5 mines are adequate to assess relative im6 pact and distress across geographic areas. 

7 ‘‘(ii) include a methodology for identi8 fying most impacted and distressed areas, 

9 which shall consider unmet serious needs 

10 related to housing, economic revitalization, 

11 and infrastructure; 

12 ‘‘(iii) include an allocation calculation 

13 that considers the unmet serious needs re14 sulting from the catastrophic major dis15 aster and an additional amount up to 30 

16 percent for activities to reduce risks of loss 

17 resulting from other natural disasters in 

18 the most impacted and distressed area, pri19 marily for the benefit of low- and mod20 erate-income persons, with particular focus 

21 on activities that reduce repetitive loss of 

22 property and critical infrastructure; and 

23 ‘‘(iv) establish objective criteria for 

24 periodic review and updates to the formula 


pbinns on DSKJLVW7X2PROD with $$_JOB
260 

•S 4670 IS

1 to reflect changes in available science and 

2 data. 

3 ‘‘(C) MINIMUM ALLOCATION THRESH4 OLD.—The Secretary shall, by regulation, es5 tablish a minimum allocation threshold. 

6 ‘‘(D) INTERIM ALLOCATION.—Until such 

7 time that the Secretary issues final regulations 

8 under this paragraph, the Secretary shall— 

9 ‘‘(i) allocate assistance from the Fund 

10 using the formula allocation methodology 

11 published in accordance with paragraph 

12 (4); and 

13 ‘‘(ii) include an additional amount for 

14 mitigation equal to 15 percent of the total 

15 estimate of unmet need. 

16 ‘‘(6) ALLOCATION OF FUNDS.— 

17 ‘‘(A) IN GENERAL.—The Secretary shall— 

18 ‘‘(i) except as provided in clause (ii), 

19 not later than 90 days after the President 

20 declares a major disaster, use best avail21 able data to determine whether the major 

22 disaster is catastrophic and qualifies for 

23 assistance under the formula in paragraph 

24 (4) or (5), unless data is insufficient to 

25 make this determination; and 


pbinns on DSKJLVW7X2PROD with $$_JOB
261 

•S 4670 IS

1 ‘‘(ii) if the best available data is insuf2 ficient to make the determination required 

3 under clause (i) within the 90-day period 

4 described in that clause, the Secretary 

5 shall determine whether the major disaster 

6 qualifies when sufficient data becomes 

7 available, but in no case shall the Sec8 retary make the determination later than 

9 120 days after the declaration of the major 

10 disaster. 

11 ‘‘(B) ANNOUNCEMENT OF ALLOCATION.— 

12 If amounts are available in the Fund at the 

13 time the Secretary determines that the major 

14 disaster is catastrophic and qualifies for assist15 ance under the formula in paragraph (4) or (5), 

16 the Secretary shall immediately announce an al17 location for a grant under this section. 

18 ‘‘(C) ADDITIONAL AMOUNTS.—If addi19 tional amounts are appropriated to the Fund 

20 after amounts are allocated under subpara21 graph (B), the Secretary shall announce an al22 location or additional allocation (if a prior allo23 cation under subparagraph (B) was less than 

24 the formula calculation) within 15 days of any 

25 such appropriation. 


pbinns on DSKJLVW7X2PROD with $$_JOB
262 

•S 4670 IS

1 ‘‘(7) PRELIMINARY FUNDING.— 

2 ‘‘(A) IN GENERAL.—To speed recovery, the 

3 Secretary is authorized to allocate and award 

4 preliminary grants from the Fund before mak5 ing a determination under paragraph (6) if the 

6 Secretary projects, based on a preliminary as7 sessment of impact and distress, that a major 

8 disaster is catastrophic and would likely qualify 

9 for funding under the formula in paragraph (4) 

10 or (5). 

11 ‘‘(B) AMOUNT.— 

12 ‘‘(i) MAXIMUM.—The Secretary may 

13 award preliminary funding under subpara14 graph (A) in an amount that is not more 

15 than $5,000,000. 

16 ‘‘(ii) SLIDING SCALE.—The Secretary 

17 shall, by regulation, establish a sliding 

18 scale for preliminary funding awarded 

19 under subparagraph (A) based on the size 

20 of the preliminary assessment of impact 

21 and distress. 

22 ‘‘(C) USE OF FUNDS.—The uses of pre23 liminary funding awarded under subparagraph 

24 (A) shall be limited to eligible activities that— 


pbinns on DSKJLVW7X2PROD with $$_JOB
263 

•S 4670 IS

1 ‘‘(i) in the determination of the Sec2 retary, will support faster recovery, im3 prove the ability of the grantee to assess 

4 unmet recovery needs, plan for the preven5 tion of improper payments, and reduce 

6 fraud, waste, and abuse; and 

7 ‘‘(ii) may include evaluating the in8 terim housing, permanent housing, and 

9 supportive service needs of the disaster im10 pacted community, with special attention 

11 to vulnerable populations, such as homeless 

12 and low- to moderate-income households, 

13 to inform the grantee action plan required 

14 under subsection (c). 

15 ‘‘(D) CONSIDERATION OF FUNDING.—Pre16 liminary funding awarded under subparagraph 

17 (A)— 

18 ‘‘(i) is not subject to the certification 

19 requirements of paragraph (h)(1); and 

20 ‘‘(ii) shall not be considered when cal21 culating the amount of the grant used for 

22 administrative costs, technical assistance, 

23 and planning activities that are subject to 

24 the requirements under subsection (f)(2). 


pbinns on DSKJLVW7X2PROD with $$_JOB
264 

•S 4670 IS

1 ‘‘(E) WAIVER.—To expedite the use of 

2 preliminary funding for activities described in 

3 this paragraph, the Secretary may waive re4 quirements of this section in accordance with 

5 subsection (i). 

6 ‘‘(F) AMENDED AWARD.— 

7 ‘‘(i) IN GENERAL.—An award for pre8 liminary funding under subparagraph (A) 

9 may be amended to add any subsequent 

10 amount awarded because of a determina11 tion by the Secretary that a major disaster 

12 is catastrophic and qualifies for assistance 

13 under the formula. 

14 ‘‘(ii) APPLICABILITY.—Notwith15 standing subparagraph (D), amounts pro16 vided by an amendment under clause (i) 

17 are subject to the requirements under sub18 sections (h)(1) and (f)(1) and other re19 quirements on grant funds under this sec20 tion. 

21 ‘‘(G) TECHNICAL ASSISTANCE.—Concur22 rent with the allocation of any preliminary 

23 funding awarded under this paragraph, the Sec24 retary shall assign or provide technical assist25 ance to the recipient of the grant. 


pbinns on DSKJLVW7X2PROD with $$_JOB
265 

•S 4670 IS

1 ‘‘(b) INTERCHANGEABILITY.—The Secretary— 

2 ‘‘(1) is authorized to approve the use of grants 

3 under this section to be used interchangeably and 

4 without limitation for the same activities in the most 

5 impacted and distressed areas resulting from a dec6 laration of another catastrophic major disaster that 

7 qualifies for assistance under the formula estab8 lished under paragraph (4) or (5) of subsection (a); 

9 and 

10 ‘‘(2) shall establish requirements to expedite the 

11 use of grants under this section for the purpose de12 scribed in paragraph (1). 

13 ‘‘(c) GRANTEE PLANS.— 

14 ‘‘(1) REQUIREMENT.—Not later than 90 days 

15 after the date on which the Secretary announces a 

16 grant allocation under this section, unless an exten17 sion is granted by the Secretary, the grantee shall 

18 submit to the Secretary a plan for approval describ19 ing— 

20 ‘‘(A) the activities the grantee will carry 

21 out with the grant under this section; 

22 ‘‘(B) the criteria of the grantee for award23 ing assistance and selecting activities; 

24 ‘‘(C) how the use of the grant under this 

25 section will address disaster relief, long-term reVerDate Sep 11 2014 00:06 Jul 29, 2022 Jkt 029200 PO 00000 Frm 00265 Fmt 6652 Sfmt 6201 E:\BILLS\S4670.IS S4670

pbinns on DSKJLVW7X2PROD with $$_JOB
266 

•S 4670 IS

1 covery, restoration of housing and infrastruc2 ture, economic revitalization, and mitigation in 

3 the most impacted and distressed areas 

4 ‘‘(D) how the use of the grant funds for 

5 mitigation is consistent with hazard mitigation 

6 plans submitted to the Federal Emergency 

7 Management Agency under section 322 of the 

8 Robert T. Stafford Disaster Relief and Emer9 gency Assistance Act (42 U.S.C. 5165); 

10 ‘‘(E) the estimated amount proposed to be 

11 used for activities that will benefit persons of 

12 low- and moderate-income; 

13 ‘‘(F) how the use of grant funds will repair 

14 and replace existing housing stock for vulner15 able populations, including low- to moderate-in16 come households; 

17 ‘‘(G) how the grantee will address the pri18 orities described in paragraph (5); 

19 ‘‘(H) how uses of funds are proportional to 

20 unmet needs, as required under paragraph (5); 

21 ‘‘(I) for State grantees that plan to dis22 tribute grant amounts to units of general local 

23 government, a description of the method of dis24 tribution; and 


pbinns on DSKJLVW7X2PROD with $$_JOB
267 

•S 4670 IS

1 ‘‘(J) such other information as may be de2 termined by the Secretary in regulation. 

3 ‘‘(2) PUBLIC CONSULTATION.—To permit pub4 lic examination and appraisal of the plan described 

5 in paragraph (1), to enhance the public account6 ability of grantees, and to facilitate coordination of 

7 activities with different levels of government, when 

8 developing the plan or substantial amendments pro9 posed to the plan required under paragraph (1), a 

10 grantee shall— 

11 ‘‘(A) publish the plan before adoption; 

12 ‘‘(B) provide citizens, affected units of 

13 general local government, and other interested 

14 parties with reasonable notice of, and oppor15 tunity to comment on, the plan, with a public 

16 comment period of not less than 14 days; 

17 ‘‘(C) consider comments received before 

18 submission to the Secretary; 

19 ‘‘(D) follow a citizen participation plan for 

20 disaster assistance adopted by the grantee that, 

21 at a minimum, provides for participation of 

22 residents of the most impacted and distressed 

23 area affected by the major disaster that re24 sulted in the grant under this section and other 

25 considerations established by the Secretary; and 


pbinns on DSKJLVW7X2PROD with $$_JOB
268 

•S 4670 IS

1 ‘‘(E) undertake any consultation with in2 terested parties as may be determined by the 

3 Secretary in regulation. 

4 ‘‘(3) APPROVAL.—The Secretary shall— 

5 ‘‘(A) by regulation, specify criteria for the 

6 approval, partial approval, or disapproval of a 

7 plan submitted under paragraph (1), including 

8 approval of substantial amendments to the 

9 plan; 

10 ‘‘(B) review a plan submitted under para11 graph (1) upon receipt of the plan; 

12 ‘‘(C) allow a grantee to revise and resub13 mit a plan or substantial amendment to a plan 

14 under paragraph (1) that the Secretary dis15 approves; 

16 ‘‘(D) by regulation, specify criteria for 

17 when the grantee shall be required to provide 

18 the required revisions to a disapproved plan or 

19 substantial amendment under paragraph (1) for 

20 public comment prior to resubmission of the 

21 plan or substantial amendment to the Sec22 retary; and 

23 ‘‘(E) approve, partially approve, or dis24 approve a plan or substantial amendment under 

25 paragraph (1) not later than 60 days after the 


pbinns on DSKJLVW7X2PROD with $$_JOB
269 

•S 4670 IS

1 date on which the plan or substantial amend2 ment is received by the Secretary. 

3 ‘‘(4) LOW- AND MODERATE-INCOME OVERALL

4 BENEFIT.— 

5 ‘‘(A) USE OF FUNDS.—Not less than 70 

6 percent of a grant made under this section shall 

7 be used for activities that benefit persons of low 

8 and moderate income unless the Secretary— 

9 ‘‘(i) specifically finds that— 

10 ‘‘(I) there is compelling need to 

11 reduce the percentage for the grant; 

12 and 

13 ‘‘(II) the housing needs of low14 and moderate-income residents have 

15 been addressed; and 

16 ‘‘(ii) issues a waiver and alternative 

17 requirements pursuant to subsection (i) to 

18 lower the percentage. 

19 ‘‘(B) REGULATIONS.—The Secretary shall, 

20 by regulation, establish protocols consistent 

21 with the findings of section 502 of the Reform22 ing Disaster Recovery Act to prioritize the use 

23 of funds by a grantee under this section to meet 

24 the needs of low- and moderate-income persons 


pbinns on DSKJLVW7X2PROD with $$_JOB
270 

•S 4670 IS

1 and businesses serving primarily persons of low 

2 and moderate income. 

3 ‘‘(5) PRIORITIZATION.—The grantee shall 

4 prioritize activities that— 

5 ‘‘(A) assist persons with extremely low, 

6 low, and moderate incomes and other vulnerable 

7 populations to better recover from and with8 stand future disasters, emphasizing those with 

9 the most severe needs; 

10 ‘‘(B) address affordable housing, including 

11 affordable rental housing, needs arising from a 

12 disaster or those needs present prior to a dis13 aster; 

14 ‘‘(C) prolong the life of housing and infra15 structure; 

16 ‘‘(D) use cost-effective means of preventing 

17 harm to people and property and incorporate 

18 protective features, redundancies, energy sav19 ings; and 

20 ‘‘(E) other measures that will assure the 

21 continuation of critical services during future 

22 disasters. 

23 ‘‘(6) PROPORTIONAL ALLOCATION.— 

24 ‘‘(A) IN GENERAL.—A grantee under this 

25 section shall allocate grant funds proportional 


pbinns on DSKJLVW7X2PROD with $$_JOB
271 

•S 4670 IS

1 to unmet needs between housing activities, eco2 nomic revitalization, and infrastructure, unless 

3 the Secretary— 

4 ‘‘(i) specifically finds that— 

5 ‘‘(I) there is a compelling need 

6 for a disproportional allocation among 

7 those unmet needs; and 

8 ‘‘(II) the disproportional alloca9 tion described in subclause (I) is not 

10 inconsistent with the requirements 

11 under paragraph (4); and 

12 ‘‘(ii) issues a waiver and alternative 

13 requirement pursuant to subsection (i) to 

14 allow for the disproportional allocation de15 scribed in clause (i)(I). 

16 ‘‘(B) HOUSING ACTIVITIES.—With respect 

17 to housing activities described in subparagraph 

18 (A)(i), grantees should address proportional 

19 needs between homeowners and renters, includ20 ing low-income households in public housing 

21 and federally subsidized housing. 

22 ‘‘(7) DISASTER RISK MITIGATION.— 

23 ‘‘(A) DEFINITION.—In this paragraph, the 

24 term ‘hazard-prone areas’— 


pbinns on DSKJLVW7X2PROD with $$_JOB
272 

•S 4670 IS

1 ‘‘(i) means areas identified by the 

2 Secretary, in consultation with the Admin3 istrator of the Federal Emergency Man4 agement Agency, at risk from natural haz5 ards that threaten property damage or 

6 health, safety, and welfare, such as floods, 

7 wildfires (including Wildland-Urban Inter8 face areas), earthquakes, lava inundation, 

9 tornados, and high winds; and 

10 ‘‘(ii) includes areas having special 

11 flood hazards as identified under the Flood 

12 Disaster Protection Act of 1973 (42 

13 U.S.C. 4002 et seq.) or the National Flood 

14 Insurance Act of 1968 (42 U.S.C. 4001 et 

15 seq.). 

16 ‘‘(B) HAZARD-PRONE AREAS.—The Sec17 retary, in consultation with the Administrator 

18 of the Federal Emergency Management Agency, 

19 shall establish minimum construction standards, 

20 insurance purchase requirements, and other re21 quirements for the use of grant funds in haz22 ard-prone areas. 

23 ‘‘(C) SPECIAL FLOOD HAZARDS.—For the 

24 areas described in subparagraph (A)(ii), the in25 surance purchase requirements established 


pbinns on DSKJLVW7X2PROD with $$_JOB
273 

•S 4670 IS

1 under subparagraph (B) shall meet or exceed 

2 the requirements under section 102(a) of the 

3 Flood Disaster Protection Act of 1973 (42 

4 U.S.C. 4012a(a)). 

5 ‘‘(D) CONSIDERATION OF FUTURE

6 RISKS.—The Secretary may consider future 

7 risks to protecting property and health, safety, 

8 and general welfare, and the likelihood of those 

9 risks, when making the determination of or 

10 modification to hazard-prone areas under this 

11 paragraph. 

12 ‘‘(8) RELOCATION.— 

13 ‘‘(A) IN GENERAL.—The Uniform Reloca14 tion Assistance and Real Property Acquisition 

15 Policies Act of 1970 (42 U.S.C. 4601 et seq.) 

16 shall apply to activities assisted under this sec17 tion to the extent determined by the Secretary 

18 in regulation, or as provided in waivers and al19 ternative requirements authorized in accordance 

20 with subsection (i). 

21 ‘‘(B) POLICY.—Each grantee under this 

22 section shall establish a relocation assistance 

23 policy that— 

24 ‘‘(i) minimizes displacement and de25 scribes the benefits available to persons 


pbinns on DSKJLVW7X2PROD with $$_JOB
274 

•S 4670 IS

1 displaced as a direct result of acquisition, 

2 rehabilitation, or demolition in connection 

3 with an activity that is assisted by a grant 

4 under this section; and 

5 ‘‘(ii) includes any appeal rights or 

6 other requirements that the Secretary es7 tablishes by regulation. 

8 ‘‘(d) CERTIFICATIONS.—Any grant under this section 

9 shall be made only if the grantee certifies to the satisfac10 tion of the Secretary that— 

11 ‘‘(1) the grantee is in full compliance with the 

12 requirements under subsection (c)(2); 

13 ‘‘(2) for grants other than grants to Indian 

14 tribes, the grant will be conducted and administered 

15 in conformity with the Civil Rights Act of 1964 (42 

16 U.S.C. 2000a et seq.) and the Fair Housing Act (42 

17 U.S.C. 3601 et seq.); 

18 ‘‘(3) the projected use of funds has been devel19 oped so as to give maximum feasible priority to ac20 tivities that will benefit extremely low-, low-, and 

21 moderate-income families and activities described in 

22 subsection (c)(5), and may also include activities 

23 that are designed to aid in the prevention or elimi24 nation of slum and blight to support disaster recov25 ery, meet other community development needs havVerDate Sep 11 2014 00:06 Jul 29, 2022 Jkt 029200 PO 00000 Frm 00274 Fmt 6652 Sfmt 6201 E:\BILLS\S4670.IS S4670

pbinns on DSKJLVW7X2PROD with $$_JOB
275 

•S 4670 IS

1 ing a particular urgency because existing conditions 

2 pose a serious and immediate threat to the health or 

3 welfare of the community where other financial re4 sources are not available to meet such needs, and al5 leviate future threats to human populations, critical 

6 natural resources, and property that an analysis of 

7 hazards shows are likely to result from natural dis8 asters in the future; 

9 ‘‘(4) the grant funds shall principally benefit 

10 persons of low and moderate income as described in 

11 subsection (c)(4); 

12 ‘‘(5) for grants other than grants to Indian 

13 tribes, within 24 months of receiving a grant or at 

14 the time of its 3 or 5-year update, whichever is soon15 er, the grantee will review and make modifications to 

16 its non-disaster housing and community development 

17 plans and strategies required by subsections (c) and 

18 (m) of section 104 to reflect the disaster recovery 

19 needs identified by the grantee and consistency with 

20 the plan under subsection (c)(1); 

21 ‘‘(6) the grantee will not attempt to recover any 

22 capital costs of public improvements assisted in 

23 whole or part under this section by assessing any 

24 amount against properties owned and occupied by 

25 persons of low and moderate income, including any 


pbinns on DSKJLVW7X2PROD with $$_JOB
276 

•S 4670 IS

1 fee charged or assessment made as a condition of 

2 obtaining access to such public improvements, un3 less— 

4 ‘‘(A) funds received under this section are 

5 used to pay the proportion of such fee or as6 sessment that relates to the capital costs of 

7 such public improvements that are financed 

8 from revenue sources other than under this 

9 chapter; or 

10 ‘‘(B) for purposes of assessing any amount 

11 against properties owned and occupied by per12 sons of moderate income, the grantee certifies 

13 to the Secretary that the grantee lacks suffi14 cient funds received under this section to com15 ply with the requirements of subparagraph (A); 

16 ‘‘(7) the grantee will comply with the other pro17 visions of this title that apply to assistance under 

18 this section and with other applicable laws; 

19 ‘‘(8) the grantee will follow a relocation assist20 ance policy that includes any minimum requirements 

21 identified by the Secretary; and 

22 ‘‘(9) the grantee will adhere to construction 

23 standards, insurance purchase requirements, and 

24 other requirements for development in hazard-prone 

25 areas described in subsection (c)(7). 


pbinns on DSKJLVW7X2PROD with $$_JOB
277 

•S 4670 IS

1 ‘‘(e) PERFORMANCE REVIEWS AND REPORTING.— 

2 ‘‘(1) IN GENERAL.—The Secretary shall, on not 

3 less frequently than an annual basis, make such re4 views and audits as may be necessary or appropriate 

5 to determine whether a grantee under this section 

6 has— 

7 ‘‘(A) carried out activities using grant 

8 funds in a timely manner; 

9 ‘‘(B) met the performance targets estab10 lished by paragraph (2); 

11 ‘‘(C) carried out activities using grant 

12 funds in accordance with the requirements of 

13 this section, the other provisions of this title 

14 that apply to assistance under this section, and 

15 other applicable laws; and 

16 ‘‘(D) a continuing capacity to carry out ac17 tivities in a timely manner. 

18 ‘‘(2) PERFORMANCE TARGETS.—The Secretary 

19 shall develop and make publicly available critical 

20 performance targets for review, which shall include 

21 spending thresholds for each year from the date on 

22 which funds are obligated by the Secretary to the 

23 grantee until such time all funds have been ex24 pended. 

25 ‘‘(3) FAILURE TO MEET TARGETS.— 


pbinns on DSKJLVW7X2PROD with $$_JOB
278 

•S 4670 IS

1 ‘‘(A) SUSPENSION.—If a grantee under 

2 this section fails to meet 1 or more critical per3 formance targets under paragraph (2), the Sec4 retary may temporarily suspend the grant. 

5 ‘‘(B) PERFORMANCE IMPROVEMENT

6 PLAN.—If the Secretary suspends a grant 

7 under subparagraph (A), the Secretary shall 

8 provide to the grantee a performance improve9 ment plan with the specific requirements needed 

10 to lift the suspension within a defined time pe11 riod. 

12 ‘‘(C) REPORT.—If a grantee fails to meet 

13 the spending thresholds established under para14 graph (2), the grantee shall submit to the Sec15 retary, the appropriate committees of Congress, 

16 and each member of Congress who represents a 

17 district or State of the grantee a written report 

18 identifying technical capacity, funding, or other 

19 Federal or State impediments affecting the abil20 ity of the grantee to meet the spending thresh21 olds. 

22 ‘‘(4) COLLECTION OF INFORMATION AND RE23 PORTING.— 

24 ‘‘(A) REQUIREMENT TO REPORT.—A 

25 grantee under this section shall provide to the 


pbinns on DSKJLVW7X2PROD with $$_JOB
279 

•S 4670 IS

1 Secretary such information as the Secretary 

2 may determine necessary for adequate oversight 

3 of the grant program under this section. 

4 ‘‘(B) PUBLIC AVAILABILITY.—Subject to 

5 subparagraph (D), the Secretary shall make in6 formation submitted under subparagraph (A) 

7 available to the public and to the Inspector 

8 General for the Department of Housing and 

9 Urban Development, disaggregated by income, 

10 geography, and all classes of individuals pro11 tected under section 109. 

12 ‘‘(C) SUMMARY STATUS REPORTS.—To in13 crease transparency and accountability of the 

14 grant program under this section the Secretary 

15 shall, on not less frequently than an annual 

16 basis, post on a public facing dashboard sum17 mary status reports for all active grants under 

18 this section that includes— 

19 ‘‘(i) the status of funds by activity; 

20 ‘‘(ii) the percentages of funds allo21 cated and expended to benefit low- and 

22 moderate-income communities; 

23 ‘‘(iii) performance targets, spending 

24 thresholds, and accomplishments; and 


pbinns on DSKJLVW7X2PROD with $$_JOB
280 

•S 4670 IS

1 ‘‘(iv) other information the Secretary 

2 determines to be relevant for transparency. 

3 ‘‘(D) CONSIDERATIONS.—In carrying out 

4 this paragraph, the Secretary— 

5 ‘‘(i) shall take such actions as may be 

6 necessary to ensure that personally identi7 fiable information regarding applicants for 

8 assistance provided from funds made avail9 able under this section is not made publicly 

10 available; and 

11 ‘‘(ii) may make full and unredacted 

12 information available to academic institu13 tions for the purpose of researching into 

14 the equitable distribution of recovery funds 

15 and adherence to civil rights protections. 

16 ‘‘(f) ELIGIBLE ACTIVITIES.— 

17 ‘‘(1) IN GENERAL.—Activities assisted under 

18 this section— 

19 ‘‘(A) may include activities permitted 

20 under section 105 or other activities permitted 

21 by the Secretary by waiver or alternative re22 quirement pursuant to subsection (i); and 

23 ‘‘(B) shall be related to disaster relief, 

24 long-term recovery, restoration of housing and 

25 infrastructure, economic revitalization, and 


pbinns on DSKJLVW7X2PROD with $$_JOB
281 

•S 4670 IS

1 mitigation in the most impacted and distressed 

2 areas resulting from the major disaster for 

3 which the grant was awarded. 

4 ‘‘(2) PROHIBITION.—Grant funds under this 

5 section may not be used for costs reimbursable by, 

6 or for which funds have been made available by, the 

7 Federal Emergency Management Agency or the 

8 United States Army Corps of Engineers. 

9 ‘‘(3) ADMINISTRATIVE COSTS, TECHNICAL AS10 SISTANCE AND PLANNING.— 

11 ‘‘(A) IN GENERAL.—The Secretary shall 

12 establish in regulation the maximum grant 

13 amounts a grantee may use for administrative 

14 costs, technical assistance and planning activi15 ties, taking into consideration size of grant, 

16 complexity of recovery, and other factors as de17 termined by the Secretary, but not to exceed 10 

18 percent for administration and 20 percent in 

19 total. 

20 ‘‘(B) AVAILABILITY.—Amounts available 

21 for administrative costs for a grant under this 

22 section shall be available for eligible administra23 tive costs of the grantee for any grant made 

24 under this section, without regard to a par25 ticular disaster. 


pbinns on DSKJLVW7X2PROD with $$_JOB
282 

•S 4670 IS

1 ‘‘(4) PROGRAM INCOME.—Notwithstanding any 

2 other provision of law, any grantee under this sec3 tion may retain program income that is realized 

4 from grants made by the Secretary under this sec5 tion if the grantee agrees that the grantee will uti6 lize the program income in accordance with the re7 quirements for grants under this section, except that 

8 the Secretary may— 

9 ‘‘(A) by regulation, exclude from consider10 ation as program income any amounts deter11 mined to be so small that compliance with this 

12 paragraph creates an unreasonable administra13 tive burden on the grantee; or 

14 ‘‘(B) permit the grantee to transfer re15 maining program income to the other grants of 

16 the grantee under this title upon closeout of the 

17 grant. 

18 ‘‘(5) PROHIBITION ON USE OF ASSISTANCE FOR

19 EMPLOYMENT RELOCATION ACTIVITIES.— 

20 ‘‘(A) IN GENERAL.—Grants under this sec21 tion may not be used to assist directly in the 

22 relocation of any industrial or commercial plant, 

23 facility, or operation, from one area to another 

24 area, if the relocation is likely to result in a sigVerDate Sep 11 2014 00:06 Jul 29, 2022 Jkt 029200 PO 00000 Frm 00282 Fmt 6652 Sfmt 6201 E:\BILLS\S4670.IS S4670

pbinns on DSKJLVW7X2PROD with $$_JOB
283 

•S 4670 IS

1 nificant loss of employment in the labor market 

2 area from which the relocation occurs. 

3 ‘‘(B) APPLICABILITY.—The prohibition 

4 under subparagraph (A) shall not apply to a 

5 business that was operating in the disaster-de6 clared labor market area before the incident 

7 date of the applicable disaster and has since 

8 moved, in whole or in part, from the affected 

9 area to another State or to a labor market area 

10 within the same State to continue business. 

11 ‘‘(6) REQUIREMENTS.—Grants under this sec12 tion are subject to the requirements of this section, 

13 the other provisions of this title that apply to assist14 ance under this section, and other applicable laws, 

15 unless modified by waivers and alternative require16 ments in accordance with subsection (i). 

17 ‘‘(g) ENVIRONMENTAL REVIEW.— 

18 ‘‘(1) ADOPTION.—A recipient of funds provided 

19 under this section that uses the funds to supplement 

20 Federal assistance provided under section 402, 403, 

21 404, 406, 407, 408(c)(4), 428, or 502 of the Robert 

22 T. Stafford Disaster Relief and Emergency Assist23 ance Act (42 U.S.C. 5170a, 5170b, 5170c, 5172, 

24 5173, 5174(c)(4), 5189f, 5192) may adopt, without 

25 review or public comment, any environmental review, 


pbinns on DSKJLVW7X2PROD with $$_JOB
284 

•S 4670 IS

1 approval, or permit performed by a Federal agency, 

2 and that adoption shall satisfy the responsibilities of 

3 the recipient with respect to the environmental re4 view, approval, or permit under section 104(g)(1). 

5 ‘‘(2) APPROVAL OF RELEASE OF FUNDS.—Not6 withstanding section 104(g)(2), the Secretary or a 

7 State may, upon receipt of a request for release of 

8 funds and certification, immediately approve the re9 lease of funds for an activity or project to be as10 sisted under this section if the recipient has adopted 

11 an environmental review, approval, or permit under 

12 paragraph (1) or the activity or project is categori13 cally excluded from review under the National Envi14 ronmental Policy Act of 1969 (42 U.S.C. 4321 et 

15 seq.). 

16 ‘‘(3) UNITS OF GENERAL LOCAL GOVERN17 MENT.—The provisions of section 104(g)(4) shall 

18 apply to assistance under this section that a State 

19 distributes to a unit of general local government. 

20 ‘‘(h) FINANCIAL CONTROLS AND PROCEDURES.— 

21 ‘‘(1) IN GENERAL.—The Secretary shall develop 

22 requirements and procedures to demonstrate that a 

23 grantee under this section— 

24 ‘‘(A) has adequate financial controls and 

25 procurement processes; 


pbinns on DSKJLVW7X2PROD with $$_JOB
285 

•S 4670 IS

1 ‘‘(B) has adequate procedures to detect 

2 and prevent fraud, waste, abuse and duplication 

3 of benefit; and 

4 ‘‘(C) maintains a comprehensive and pub5 licly accessible website. 

6 ‘‘(2) CERTIFICATION.—Before making a grant 

7 under this section, the Secretary shall certify that 

8 the grantee has in place proficient processes and 

9 procedures to comply with the requirements devel10 oped under paragraph (1), as determined by the 

11 Secretary. 

12 ‘‘(3) COMPLIANCE BEFORE ALLOCATION.—The 

13 Secretary may permit a State, unit of general local 

14 government, or Indian tribe to demonstrate compli15 ance with the requirements for adequate financial 

16 controls developed under paragraph (1) before a dis17 aster occurs and before receiving an allocation for a 

18 grant under this section. 

19 ‘‘(4) DUPLICATION OF BENEFITS.— 

20 ‘‘(A) IN GENERAL.—Funds made available 

21 under this subsection shall be used in accord22 ance with section 312 of the Robert T. Stafford 

23 Disaster Relief and Emergency Assistance Act 

24 (42 U.S.C. 5155), as amended by section 1210 

25 of the Disaster Recovery Reform Act of 2018 


pbinns on DSKJLVW7X2PROD with $$_JOB
286 

•S 4670 IS

1 (division D of Public Law 115–254), and such 

2 rules as may be prescribed under such section 

3 312. 

4 ‘‘(B) PENALTIES.—In any case in which 

5 the use of grant funds under this section results 

6 in a prohibited duplication of benefits, the 

7 grantee shall— 

8 ‘‘(i) apply an amount equal to the 

9 identified duplication to any allowable costs 

10 of the award consistent with actual, imme11 diate cash requirement; 

12 ‘‘(ii) remit any excess amounts to the 

13 Secretary to be credited to the obligated, 

14 undisbursed balance of the grant con15 sistent with requirements on Federal pay16 ments applicable to such grantee; and 

17 ‘‘(iii) if excess amounts under clause 

18 (ii) are identified after the period of per19 formance or after the closeout of the 

20 award, remit such amounts to the Sec21 retary to be credited to the Fund. 

22 ‘‘(C) FAILURE TO COMPLY.—Any grantee 

23 provided funds under this subsection or from 

24 prior Appropriations Acts under the heading 

25 ‘Community Development Fund’ for purposes 


pbinns on DSKJLVW7X2PROD with $$_JOB
287 

•S 4670 IS

1 related to major disasters that fails to comply 

2 with section 312 of the Robert T. Stafford Dis3 aster Relief and Emergency Assistance Act 

4 shall be subject to remedies for noncompliance 

5 under section 111, unless the Secretary pub6 lishes a determination in the Federal Register 

7 that it is not in the best interest of the Federal 

8 Government to pursue remedial actions. 

9 ‘‘(i) WAIVERS.— 

10 ‘‘(1) IN GENERAL.—In administering grants 

11 under this section, the Secretary may waive, or 

12 specify alternative requirements for, any provision of 

13 any statute or regulation that the Secretary admin14 isters in connection with the obligation by the Sec15 retary or the use by the grantee of those funds (ex16 cept for requirements related to fair housing, non17 discrimination, labor standards, the environment, 

18 and the requirements of this section that do not ex19 pressly authorize modifications by waiver or alter20 native requirement), if the Secretary makes a public 

21 finding that good cause exists for the waiver or al22 ternative requirement and the waiver or alternative 

23 requirement would not be inconsistent with the find24 ings in section 502 of the Reforming Disaster Re25 covery Act. 


pbinns on DSKJLVW7X2PROD with $$_JOB
288 

•S 4670 IS

1 ‘‘(2) EFFECTIVE DATE.—A waiver or alter2 native requirement described in paragraph (1) shall 

3 not take effect before the date that is 5 days after 

4 the date of publication of the waiver or alternative 

5 requirement on the website of the Department of 

6 Housing and Urban Development or the effective 

7 date for any regulation published in the Federal 

8 Register. 

9 ‘‘(3) PUBLIC NOTIFICATION.—The Secretary 

10 shall notify the public of all waivers described in 

11 paragraph (1) in accordance with the requirements 

12 of section 7(q)(3) of the Department of Housing and 

13 Urban Development Act (42 U.S.C. 3535(q)(3)). 

14 ‘‘(j) UNUSED AMOUNTS.— 

15 ‘‘(1) DEADLINE TO USE AMOUNTS.—A grantee 

16 under this section shall use an amount equal to the 

17 grant within 6 years beginning on the date on which 

18 the Secretary obligates the amounts to the grantee, 

19 as such period may be extended under paragraph 

20 (4). 

21 ‘‘(2) RECAPTURE.—The Secretary shall recap22 ture and credit to the Fund any amount that is un23 used by a grantee under this section upon the earlier 

24 of— 


pbinns on DSKJLVW7X2PROD with $$_JOB
289 

•S 4670 IS

1 ‘‘(A) the date on which the grantee notifies 

2 the Secretary that the grantee has completed all 

3 activities identified in the disaster grantee’s 

4 plan under subsection (c); or 

5 ‘‘(B) the expiration of the 6-year period 

6 described in paragraph (1), as such period may 

7 be extended under paragraph (4). 

8 ‘‘(3) RETENTION OF FUNDS.—Notwithstanding 

9 paragraph (1), the Secretary may allow a grantee 

10 under this section to retain— 

11 ‘‘(A) amounts needed to close out grants; 

12 and 

13 ‘‘(B) up to 10 percent of the remaining 

14 funds to support maintenance of the minimal 

15 capacity to launch a new program in the event 

16 of a future disaster and to support pre-disaster 

17 long-term recovery and mitigation planning. 

18 ‘‘(4) EXTENSION OF PERIOD FOR USE OF

19 FUNDS.—The Secretary may extend the 6-year pe20 riod described in paragraph (1) by not more than 4 

21 years, or not more than 6 years for mitigation activi22 ties, if— 

23 ‘‘(A) the grantee submits to the Sec24 retary— 


pbinns on DSKJLVW7X2PROD with $$_JOB
290 

•S 4670 IS

1 ‘‘(i) written documentation of the exi2 gent circumstances impacting the ability of 

3 the grantee to expend funds that could not 

4 be anticipated; or 

5 ‘‘(ii) a justification that such request 

6 is necessary due to the nature and com7 plexity of the program and projects; and 

8 ‘‘(B) the Secretary submits a written jus9 tification for the extension to the Committees 

10 on Appropriations of Senate and the House of 

11 Representatives that specifies the period of that 

12 extension.’’. 

13 REGULATIONS

14 SEC. 507. (a) PROPOSED RULES.—Following con15 sultation with the Federal Emergency Management Agen16 cy, the Small Business Administration, and other Federal 

17 agencies, not later than 6 months after the date of enact18 ment of this Act, the Secretary shall issue proposed rules 

19 to carry out this Act and the amendments made by this 

20 Act and shall provide a 90-day period for submission of 

21 public comments on those proposed rules. 

22 (b) FINAL RULES.—Not later than 1 year after the 

23 date of enactment of this Act, the Secretary shall issue 

24 final regulations to carry out section 123 of the Housing 


pbinns on DSKJLVW7X2PROD with $$_JOB
291 

•S 4670 IS

1 and Community Development Act of 1974, as added by 

2 section 506. 

3 COORDINATION OF DISASTER RECOVERY ASSISTANCE, 

4 BENEFITS, AND DATA WITH OTHER FEDERAL AGENCIES

5 SEC. 508. (a) COORDINATION OF DISASTER RECOV6 ERY ASSISTANCE.—In order to ensure a comprehensive 

7 approach to Federal disaster relief, long-term recovery, 

8 restoration of housing and infrastructure, economic revi9 talization, and mitigation in the most impacted and dis10 tressed areas resulting from a catastrophic major disaster, 

11 the Secretary shall coordinate with the Federal Emer12 gency Management Agency, to the greatest extent prac13 ticable, in the implementation of assistance authorized 

14 under section 123 of the Housing and Community Devel15 opment Act of 1974, as added by section 506. 

16 (b) DATA SHARING AGREEMENTS.—To support the 

17 coordination of data to prevent duplication of benefits with 

18 other Federal disaster recovery programs while also expe19 diting recovery and reducing burden on disaster survivors, 

20 the Department shall establish data sharing agreements 

21 that safeguard privacy with relevant Federal agencies to 

22 ensure disaster benefits effectively and efficiently reach in23 tended beneficiaries, while using effective means of pre24 venting harm to people and property. 


pbinns on DSKJLVW7X2PROD with $$_JOB
292 

•S 4670 IS

1 (c) DATA TRANSFER FROM FEMA AND SBA TO

2 HUD.—As permitted and deemed necessary for efficient 

3 program execution, and consistent with a computer match4 ing agreement entered into under subsection (f)(1), the 

5 Administrator of the Federal Emergency Management 

6 Agency and the Administrator of the Small Business Ad7 ministration shall provide data on disaster applicants to 

8 the Department, including, when necessary, personally 

9 identifiable information, disaster recovery needs, and re10 sources determined eligible for, and amounts expended, to 

11 the Secretary for all major disasters declared by the Presi12 dent pursuant to section 401 of Robert T. Stafford Dis13 aster Relief and Emergency Assistance Act (42 U.S.C. 

14 5170) for the purpose of providing additional assistance 

15 to disaster survivors and prevent duplication of benefits. 

16 (d) DATA TRANSFERS FROM HUD TO HUD GRANT17 EES.—The Secretary is authorized to provide to grantees 

18 under section 123 of the Housing and Community Devel19 opment Act of 1974, as added by section 506, offices of 

20 the Department, technical assistance providers, and lend21 ers information that in the determination of the Secretary 

22 is reasonably available and appropriate to inform the pro23 vision of assistance after a major disaster, including infor24 mation provided to the Secretary by the Administrator of 

25 the Federal Emergency Management Agency, the AdminVerDate Sep 11 2014 00:06 Jul 29, 2022 Jkt 029200 PO 00000 Frm 00292 Fmt 6652 Sfmt 6201 E:\BILLS\S4670.IS S4670

pbinns on DSKJLVW7X2PROD with $$_JOB
293 

•S 4670 IS

1 istrator of the Small Business Administration, or other 

2 Federal agencies. 

3 (e) DATA TRANSFERS FROM HUD GRANTEES TO

4 HUD, FEMA, AND SBA.— 

5 (1) REPORTING.—Grantees under section 123 

6 of the Housing and Community Development Act of 

7 1974, as added by section 506, shall report informa8 tion requested by the Secretary on households, busi9 nesses, and other entities assisted and the type of 

10 assistance provided. 

11 (2) SHARING INFORMATION.—The Secretary 

12 shall share information collected under paragraph 

13 (1) with the Federal Emergency Management Agen14 cy, the Small Business Administration, and other 

15 Federal agencies to support the planning and deliv16 ery of disaster recovery and mitigation assistance. 

17 (f) PRIVACY PROTECTION.—The Secretary may make 

18 and receive data transfers authorized under this section, 

19 including the use and retention of that data for computer 

20 matching programs, to inform the provision of assistance, 

21 assess disaster recovery needs, and prevent the duplication 

22 of benefits and other waste, fraud, and abuse, provided 

23 that— 

24 (1) the Secretary enters a computer matching 

25 agreement with the Administrator of the Federal 


pbinns on DSKJLVW7X2PROD with $$_JOB
294 

•S 4670 IS

1 Emergency Management Agency, the Administrator 

2 of the Small Business Administration, or other Fed3 eral agencies covering the transfer of data; 

4 (2) the Secretary publishes intent to disclose 

5 data in the Federal Register; 

6 (3) notwithstanding paragraphs (1) and (2), 

7 section 552a of title 5, United States Code (com8 monly known as the ‘‘Privacy Act of 1974’’), or any 

9 other law, the Secretary is authorized to share data 

10 with an entity identified in subsection (d), and the 

11 entity is authorized to use the data as described in 

12 this section, if the Secretary enters a data sharing 

13 agreement with the entity before sharing or receiving 

14 any information under transfers authorized by this 

15 section, which data sharing agreement shall— 

16 (A) in the determination of the Secretary, 

17 include measures adequate to safeguard the pri18 vacy and personally identifiable information of 

19 individuals; and 

20 (B) include provisions that describe how 

21 the personally identifiable information of an in22 dividual will be adequately safeguarded and 

23 protected, which requires consultation with the 

24 Secretary and the head of each Federal agency 


pbinns on DSKJLVW7X2PROD with $$_JOB
295 

•S 4670 IS

1 the data of which is being shared subject to the 

2 agreement. 


pbinns on DSKJLVW7X2PROD with $$_JOB
296 

•S 4670 IS

1 TITLE VI 

2 NATIVE AMERICAN HOUSING ASSISTANCE AND 

3 SELF-DETERMINATION ACT OF 2021 

4 SHORT TITLE

5 SEC. 601. This title may be cited as the ‘‘Native 

6 American Housing Assistance and Self-Determination Re7 authorization Act of 2021’’. 

8 CONSOLIDATION OF ENVIRONMENTAL REVIEW

9 REQUIREMENTS

10 SEC. 602. Section 105 of the Native American Hous11 ing Assistance and Self-Determination Act of 1996 (25 

12 U.S.C. 4115) is amended by adding at the end the fol13 lowing: 

14 ‘‘(e) CONSOLIDATION OF ENVIRONMENTAL REVIEW

15 REQUIREMENTS.— 

16 ‘‘(1) IN GENERAL.—In the case of a recipient 

17 of grant amounts under this Act that is carrying out 

18 a project that qualifies as an affordable housing ac19 tivity under section 202, if the recipient is using 1 

20 or more additional sources of Federal funds to carry 

21 out the project, and the grant amounts received 

22 under this Act constitute the largest single source of 

23 Federal funds that the recipient reasonably expects 

24 to commit to the project at the time of environ25 mental review, the Indian tribe of the recipient may 


pbinns on DSKJLVW7X2PROD with $$_JOB
297 

•S 4670 IS

1 assume, in addition to all of the responsibilities for 

2 environmental review, decision making, and action 

3 under subsection (a), all of the additional respon4 sibilities for environmental review, decision making, 

5 and action under provisions of law that would apply 

6 to each Federal agency providing additional funding 

7 were the Federal agency to carry out the project as 

8 a Federal project. 

9 ‘‘(2) DISCHARGE.—The assumption by the In10 dian tribe of the additional responsibilities for envi11 ronmental review, decision making, and action under 

12 paragraph (1) with respect to a project shall be 

13 deemed to discharge the responsibility of the applica14 ble Federal agency for environmental review, deci15 sion making, and action with respect to the project. 

16 ‘‘(3) CERTIFICATION.—An Indian tribe that as17 sumes the additional responsibilities under para18 graph (1), shall certify, in addition to the require19 ments under subsection (c)— 

20 ‘‘(A) the additional responsibilities that the 

21 Indian tribe has fully carried out under this 

22 subsection; and 

23 ‘‘(B) that the certifying officer consents to 

24 assume the status of a responsible Federal offi25 cial under the provisions of law that would 


pbinns on DSKJLVW7X2PROD with $$_JOB
298 

•S 4670 IS

1 apply to each Federal agency providing addi2 tional funding under paragraph (1). 

3 ‘‘(4) LIABILITY.— 

4 ‘‘(A) IN GENERAL.—An Indian tribe that 

5 completes an environmental review under this 

6 subsection shall assume sole liability for the 

7 content and quality of the review. 

8 ‘‘(B) REMEDIES AND SANCTIONS.—Except 

9 as provided in subparagraph (C), if the Sec10 retary approves a certification and release of 

11 funds to an Indian tribe for a project in accord12 ance with subsection (b), but the Secretary or 

13 the head of another Federal agency providing 

14 funding for the project subsequently learns that 

15 the Indian tribe failed to carry out the respon16 sibilities of the Indian tribe as described in sub17 section (a) or paragraph (1), as applicable, the 

18 Secretary or other head, as applicable, may im19 pose appropriate remedies and sanctions in ac20 cordance with— 

21 ‘‘(i) the regulations issued pursuant to 

22 section 106; or 

23 ‘‘(ii) such regulations as are issued by 

24 the other head. 


pbinns on DSKJLVW7X2PROD with $$_JOB
299 

•S 4670 IS

1 ‘‘(C) STATUTORY VIOLATION WAIVERS.—If 

2 the Secretary waives the requirements under 

3 this section in accordance with subsection (d) 

4 with respect to a project for which an Indian 

5 tribe assumes additional responsibilities under 

6 paragraph (1), the waiver shall prohibit any 

7 other Federal agency providing additional fund8 ing for the project from imposing remedies or 

9 sanctions for failure to comply with require10 ments for environmental review, decision mak11 ing, and action under provisions of law that 

12 would apply to the Federal agency.’’. 

13 AUTHORIZATION OF APPROPRIATIONS

14 SEC. 603. Section 108 of the Native American Hous15 ing Assistance and Self-Determination Act of 1996 (25 

16 U.S.C. 4117) is amended, in the first sentence, by striking 

17 ‘‘2009 through 2013’’ and inserting ‘‘2022 through 

18 2032’’. 

19 STUDENT HOUSING ASSISTANCE

20 SEC. 604. Section 202(3) of the Native American 

21 Housing Assistance and Self-Determination Act of 1996 

22 (25 U.S.C. 4132(3)) is amended by inserting ‘‘including 

23 education-related stipends, college housing assistance, and 

24 other education-related assistance for low-income college 

25 students,’’ after ‘‘self-sufficiency and other services,’’. 


pbinns on DSKJLVW7X2PROD with $$_JOB
300 

•S 4670 IS

1 APPLICATION OF RENT RULE ONLY TO UNITS OWNED OR

2 OPERATED BY INDIAN TRIBE OR TRIBALLY DES3 IGNATED HOUSING ENTITY

4 SEC. 605. Section 203(a)(2) of the Native American 

5 Housing Assistance and Self-Determination Act of 1996 

6 (25 U.S.C. 4133(a)(2)) is amended by inserting ‘‘owned 

7 or operated by a recipient and’’ after ‘‘residing in a dwell8 ing unit’’. 

9 PROGRAM REQUIREMENTS

10 SEC. 606. Section 203(a) of the Native American 

11 Housing Assistance and Self-Determination Act of 1996 

12 (25 U.S.C. 4133(a)) (as amended by section 5) is amend13 ed— 

14 (1) in paragraph (1), by striking ‘‘paragraph 

15 (2)’’ and inserting ‘‘paragraphs (2) and (3)’’; 

16 (2) by redesignating paragraph (2) as para17 graph (3); 

18 (3) by inserting after paragraph (1) the fol19 lowing: 

20 ‘‘(2) APPLICATION OF TRIBAL POLICIES.— 

21 Paragraph (3) shall not apply if— 

22 ‘‘(A) the recipient has a written policy gov23 erning rents and homebuyer payments charged 

24 for dwelling units; and 


pbinns on DSKJLVW7X2PROD with $$_JOB
301 

•S 4670 IS

1 ‘‘(B) that policy includes a provision gov2 erning maximum rents or homebuyer payments, 

3 including tenant protections.’’; and 

4 (4) in paragraph (3) (as so redesignated), by 

5 striking ‘‘In the case of’’ and inserting ‘‘In the ab6 sence of a written policy governing rents and home7 buyer payments, in the case of’’. 

8 DE MINIMIS EXEMPTION FOR PROCUREMENT OF GOODS

9 AND SERVICES

10 SEC. 607. Section 203(g) of the Native American 

11 Housing Assistance and Self-Determination Act of 1996 

12 (25 U.S.C. 4133(g)) is amended by striking ‘‘$5,000’’ and 

13 inserting ‘‘$10,000’’. 

14 HOMEOWNERSHIP OR LEASE-TO-OWN LOW-INCOME

15 REQUIREMENT AND INCOME TARGETING

16 SEC. 608. Section 205 of the Native American Hous17 ing Assistance and Self-Determination Act of 1996 (25 

18 U.S.C. 4135) is amended— 

19 (1) in subsection (a)(1)— 

20 (A) in subparagraph (C), by striking 

21 ‘‘and’’ at the end; and 

22 (B) by adding at the end the following: 

23 ‘‘(E) notwithstanding any other provision 

24 of this paragraph, in the case of rental housing 

25 that is made available to a current rental family 


pbinns on DSKJLVW7X2PROD with $$_JOB
302 

•S 4670 IS

1 for conversion to a homebuyer or a lease-pur2 chase unit, that the current rental family can 

3 purchase through a contract of sale, lease-pur4 chase agreement, or any other sales agreement, 

5 is made available for purchase only by the cur6 rent rental family, if the rental family was a 

7 low-income family at the time of their initial oc8 cupancy of such unit; and’’; and 

9 (2) in subsection (c)— 

10 (A) by striking ‘‘The provisions’’ and in11 serting the following: 

12 ‘‘(1) IN GENERAL.—The provisions’’; and 

13 (B) by adding at the end the following: 

14 ‘‘(2) APPLICABILITY TO IMPROVEMENTS.—The 

15 provisions of subsection (a)(2) regarding binding 

16 commitments for the remaining useful life of prop17 erty shall not apply to improvements of privately 

18 owned homes if the cost of the improvements do not 

19 exceed 10 percent of the maximum total develop20 ment cost for the home.’’. 

21 LEASE REQUIREMENTS AND TENANT SELECTION

22 SEC. 609. Section 207 of the Native American Hous23 ing Assistance and Self-Determination Act of 1996 (25 

24 U.S.C. 4137) is amended by adding at the end the fol25 lowing: 


pbinns on DSKJLVW7X2PROD with $$_JOB
303 

•S 4670 IS

1 ‘‘(c) NOTICE OF TERMINATION.—The notice period 

2 described in subsection (a)(3) shall apply to projects and 

3 programs funded in part by amounts authorized under 

4 this Act.’’. 

5 INDIAN HEALTH SERVICE

6 SEC. 610. (a) IN GENERAL.—Subtitle A of title II 

7 of the Native American Housing Assistance and Self-De8 termination Act of 1996 (25 U.S.C. 4131 et seq.) is 

9 amended by adding at the end the following: 

10 ‘‘SEC. 211. IHS SANITATION FACILITIES CONSTRUCTION. 

11 ‘‘Notwithstanding any other provision of law, the Di12 rector of the Indian Health Service, or a recipient receiv13 ing funding for a housing construction or renovation 

14 project under this title, may use funding from the Indian 

15 Health Service for the construction of sanitation facilities 

16 under that project.’’. 

17 (b) CLERICAL AMENDMENT.—The table of contents 

18 in section 1(b) of the Native American Housing Assistance 

19 and Self-Determination Act of 1996 (Public Law 104– 

20 330; 110 Stat. 4016) is amended by inserting after the 

21 item relating to section 210 the following: 

‘‘Sec. 211. IHS sanitation facilities construction.’’. 


pbinns on DSKJLVW7X2PROD with $$_JOB
304 

•S 4670 IS

1 STATUTORY AUTHORITY TO SUSPEND GRANT FUNDS IN

2 EMERGENCIES

3 SEC. 611. Section 401(a)(4) of the Native American 

4 Housing Assistance and Self-Determination Act of 1996 

5 (25 U.S.C. 4161(a)(4)) is amended— 

6 (1) in subparagraph (A), by striking ‘‘may take 

7 an action described in paragraph (1)(C)’’ and insert8 ing ‘‘may immediately take an action described in 

9 paragraph (1)(C)’’; and 

10 (2) by striking subparagraph (B) and inserting 

11 the following: 

12 ‘‘(B) PROCEDURAL REQUIREMENTS.— 

13 ‘‘(i) IN GENERAL.—If the Secretary 

14 takes an action described in subparagraph 

15 (A), the Secretary shall provide notice to 

16 the recipient at the time that the Secretary 

17 takes that action. 

18 ‘‘(ii) NOTICE REQUIREMENTS.—The 

19 notice under clause (i) shall inform the re20 cipient that the recipient may request a 

21 hearing by not later than 30 days after the 

22 date on which the Secretary provides the 

23 notice. 


pbinns on DSKJLVW7X2PROD with $$_JOB
305 

•S 4670 IS

1 ‘‘(iii) HEARING REQUIREMENTS.—A 

2 hearing requested under clause (ii) shall be 

3 conducted— 

4 ‘‘(I) in accordance with subpart 

5 A of part 26 of title 24, Code of Fed6 eral Regulations (or successor regula7 tions); and 

8 ‘‘(II) to the maximum extent 

9 practicable, on an expedited basis. 

10 ‘‘(iv) FAILURE TO CONDUCT A HEAR11 ING.—If a hearing requested under clause 

12 (ii) is not completed by the date that is 

13 180 days after the date on which the re14 cipient requests the hearing, the action of 

15 the Secretary to limit the availability of 

16 payments shall no longer be effective.’’. 

17 REPORTS TO CONGRESS

18 SEC. 612. Section 407 of the Native American Hous19 ing Assistance and Self-Determination Act of 1996 (25 

20 U.S.C. 4167) is amended— 

21 (1) in subsection (a), by striking ‘‘Congress’’ 

22 and inserting ‘‘Committee on Indian Affairs and the 

23 Committee on Banking, Housing and Urban Affairs 

24 of the Senate and the Committee on Financial Serv25 ices of the House of Representatives’’; and 


pbinns on DSKJLVW7X2PROD with $$_JOB
306 

•S 4670 IS

1 (2) by adding at the end the following: 

2 ‘‘(c) PUBLIC AVAILABILITY.—The report described in 

3 subsection (a) shall be made publicly available, including 

4 to recipients.’’. 

5 99-YEAR LEASEHOLD INTEREST IN TRUST OR

6 RESTRICTED LANDS FOR HOUSING PURPOSES

7 SEC. 613. Section 702 of the Native American Hous8 ing Assistance and Self-Determination Act of 1996 (25 

9 U.S.C. 4211) is amended— 

10 (1) in the section heading, by striking ‘‘50- 

11 YEAR’’ and inserting ‘‘99-YEAR’’; 

12 (2) in subsection (b), by striking ‘‘50 years’’ 

13 and inserting ‘‘99 years’’; and 

14 (3) in subsection (c)(2), by striking ‘‘50 years’’ 

15 and inserting ‘‘99 years’’. 

16 AMENDMENTS FOR BLOCK GRANTS FOR AFFORDABLE

17 HOUSING ACTIVITIES

18 SEC. 614. Section 802(e) of the Native American 

19 Housing Assistance and Self-Determination Act of 1996 

20 (25 U.S.C. 4222(e)) is amended by— 

21 (1) by striking ‘‘The Director’’ and inserting 

22 the following: 

23 ‘‘(1) IN GENERAL.—The Director’’; and 

24 (2) by adding at the end the following: 


pbinns on DSKJLVW7X2PROD with $$_JOB
307 

•S 4670 IS

1 ‘‘(2) SUBAWARDS.—Notwithstanding any other 

2 provision of law, including provisions of State law 

3 requiring competitive procurement, the Director may 

4 make subawards to subrecipients, except for for5 profit entities, using amounts provided under this 

6 title to carry out affordable housing activities upon 

7 a determination by the Director that such subrecipi8 ents have adequate capacity to carry out activities in 

9 accordance with this Act.’’. 

10 REAUTHORIZATION OF NATIVE HAWAIIAN

11 HOMEOWNERSHIP PROVISIONS

12 SEC. 615. Section 824 of the Native American Hous13 ing Assistance and Self-Determination Act of 1996 (25 

14 U.S.C. 4243) is amended by striking ‘‘such sums as may 

15 be necessary’’ and all that follows through the period at 

16 the end and inserting ‘‘such sums as may be necessary 

17 for each of fiscal years 2022 through 2032.’’. 

18 TOTAL DEVELOPMENT COST MAXIMUM PROJECT COST

19 SEC. 616. Affordable housing (as defined in section 

20 4 of the Native American Housing Assistance and Self21 Determination Act of 1996 (25 U.S.C. 4103)) that is de22 veloped, acquired, or assisted under the block grant pro23 gram established under section 101 of the Native Amer24 ican Housing Assistance and Self-Determination Act of 

25 1996 (25 U.S.C. 4111) shall not exceed by more than 20 


pbinns on DSKJLVW7X2PROD with $$_JOB
308 

•S 4670 IS

1 percent, without prior approval of the Secretary of Hous2 ing and Urban Development, the total development cost 

3 maximum cost for all housing assisted under an affordable 

4 housing activity, including development and model activi5 ties. 

6 COMMUNITY-BASED DEVELOPMENT ORGANIZATIONS

7 SEC. 617. Section 105 of the Housing and Commu8 nity Development Act of 1974 (42 U.S.C. 5305) is amend9 ed by adding at the end the following: 

10 ‘‘(i) INDIAN TRIBES AND TRIBALLY DESIGNATED

11 HOUSING ENTITIES AS COMMUNITY-BASED DEVELOP12 MENT ORGANIZATIONS.— 

13 ‘‘(1) DEFINITION.—In this subsection, the term 

14 ‘tribally designated housing entity’ has the meaning 

15 given the term in section 4 of the Native American 

16 Housing Assistance and Self-Determination Act of 

17 1996 (25 U.S.C. 4103). 

18 ‘‘(2) QUALIFICATION.—An Indian tribe, a trib19 ally designated housing entity, or a tribal organiza20 tion shall qualify as a community-based development 

21 organization for purposes of carrying out new hous22 ing construction under this subsection under a grant 

23 made under section 106(a)(1).’’. 


pbinns on DSKJLVW7X2PROD with $$_JOB
309 

•S 4670 IS

1 INDIAN TRIBE ELIGIBILITY FOR HUD HOUSING

2 COUNSELING GRANTS

3 SEC. 618. Section 106(a)(4) of the Housing and 

4 Urban Development Act of 1968 (12 U.S.C. 1701x(a)(4)) 

5 is amended— 

6 (1) in subparagraph (A)— 

7 (A) by striking ‘‘and’’ and inserting a 

8 comma; and 

9 (B) by inserting before the period at the 

10 end the following: ‘‘, Indian tribes, and tribally 

11 designated housing entities’’; 

12 (2) in subparagraph (B), by inserting ‘‘, Indian 

13 tribes, and tribally designated housing entities’’ after 

14 ‘‘organizations)’’; 

15 (3) by redesignating subparagraph (F) as sub16 paragraph (G); and 

17 (4) by inserting after subparagraph (E) the fol18 lowing: 

19 ‘‘(F) DEFINITIONS.—In this paragraph, 

20 the terms ‘Indian tribe’ and ‘tribally designated 

21 housing entity’ have the meanings given those 

22 terms in section 4 of the Native American 

23 Housing Assistance and Self-Determination Act 

24 of 1996 (25 U.S.C. 4103).’’. 


pbinns on DSKJLVW7X2PROD with $$_JOB
310 

•S 4670 IS

1 SECTION 184 INDIAN HOME LOAN GUARANTEE PROGRAM

2 SEC. 619. (a) IN GENERAL.—Section 184(b)(4) of 

3 the Housing and Community Development Act of 1992 

4 (12 U.S.C. 1715z–13a(b)(4)) is amended by— 

5 (1) redesignating subparagraphs (A) through 

6 (D) as clauses (i) through (iv), respectively, and ad7 justing the margins accordingly; 

8 (2) by striking ‘‘The loan’’ and inserting the 

9 following: 

10 ‘‘(A) IN GENERAL.—The loan’’; 

11 (3) in subparagraph (A), as so designated, by 

12 adding at the end the following: 

13 ‘‘(v) Any entity certified as a commu14 nity development financial institution by 

15 the Community Development Financial In16 stitutions Fund established under section 

17 104(a) of the Riegle Community Develop18 ment and Regulatory Improvement Act of 

19 1994 (12 U.S.C. 4703(a)).’’; and 

20 (4) by adding at the end the following: 

21 ‘‘(B) DIRECT GUARANTEE PROCESS.— 

22 ‘‘(i) AUTHORIZATION.—The Secretary 

23 may authorize qualifying lenders to partici24 pate in a direct guarantee process for ap25 proving loans under this section. 


pbinns on DSKJLVW7X2PROD with $$_JOB
311 

•S 4670 IS

1 ‘‘(ii) INDEMNIFICATION.— 

2 ‘‘(I) IN GENERAL.—If the Sec3 retary determines that a mortgage 

4 guaranteed through a direct guar5 antee process under this subpara6 graph was not originated in accord7 ance with the requirements estab8 lished by the Secretary, the Secretary 

9 may require the lender approved 

10 under this subparagraph to indemnify 

11 the Secretary for the loss, irrespective 

12 of whether the violation caused the 

13 mortgage default. 

14 ‘‘(II) FRAUD OR MISREPRESEN15 TATION.—If fraud or misrepresenta16 tion is involved in a direct guarantee 

17 process under this subparagraph, the 

18 Secretary shall require the original 

19 lender approved under this subpara20 graph to indemnify the Secretary for 

21 the loss regardless of when an insur22 ance claim is paid. 

23 ‘‘(C) REVIEW OF MORTGAGEES.— 

24 ‘‘(i) IN GENERAL.—The Secretary 

25 may periodically review the mortgagees 


pbinns on DSKJLVW7X2PROD with $$_JOB
312 

•S 4670 IS

1 originating, underwriting, or servicing sin2 gle family mortgage loans under this sec3 tion. 

4 ‘‘(ii) REQUIREMENTS.—In conducting 

5 a review under clause (i), the Secretary— 

6 ‘‘(I) shall compare the mortgagee 

7 with other mortgagees originating or 

8 underwriting loan guarantees for In9 dian housing based on the rates of de10 faults and claims for guaranteed 

11 mortgage loans originated, under12 written, or serviced by that mort13 gagee; 

14 ‘‘(II) may compare the mort15 gagee with such other mortgagees 

16 based on underwriting quality, geo17 graphic area served, or any commonly 

18 used factors the Secretary determines 

19 necessary for comparing mortgage de20 fault risk, provided that the compari21 son is of factors that the Secretary 

22 would expect to affect the default risk 

23 of mortgage loans guaranteed by the 

24 Secretary; 


pbinns on DSKJLVW7X2PROD with $$_JOB
313 

•S 4670 IS

1 ‘‘(iii) shall implement such compari2 sons by regulation, notice, or mortgagee 

3 letter; and 

4 ‘‘(I) may terminate the approval 

5 of a mortgagee to originate, under6 write, or service loan guarantees for 

7 housing under this section if the Sec8 retary determines that the mortgage 

9 loans originated, underwritten, or 

10 serviced by the mortgagee present an 

11 unacceptable risk to the Indian Hous12 ing Loan Guarantee Fund established 

13 under subsection (i)— 

14 ‘‘(aa) based on a comparison 

15 of any of the factors set forth in 

16 this subparagraph; or 

17 ‘‘(bb) by a determination 

18 that the mortgagee engaged in 

19 fraud or misrepresentation.’’. 

20 (b) LOAN GUARANTEES FOR INDIAN HOUSING.— 

21 Section 184(i)(5) of the Housing and Community Devel22 opment Act of 1992 (12 U.S.C. 1715z–13a(i)(5)) is 

23 amended— 

24 (1) in subparagraph (B), by inserting after the 

25 first sentence the following: ‘‘There are authorized 


pbinns on DSKJLVW7X2PROD with $$_JOB
314 

•S 4670 IS

1 to be appropriated for those costs such sums as may 

2 be necessary for each of fiscal years 2022 through 

3 2032.’’; and 

4 (2) in subparagraph (C), by striking ‘‘2008 

5 through 2012’’ and inserting ‘‘2022 through 2032’’. 

6 LOAN GUARANTEES FOR NATIVE HAWAIIAN HOUSING

7 SEC. 620. Section 184A of the Housing and Commu8 nity Development Act of 1992 (12 U.S.C. 1715z–13b) is 

9 amended— 

10 (1) in subsection (c)(4)(B)— 

11 (A) by redesignating clause (iv) as clause 

12 (v); and 

13 (B) by adding after clause (iii) the fol14 lowing: 

15 ‘‘(iv) Any entity certified as a commu16 nity development financial institution by 

17 the Community Development Financial In18 stitutions Fund established under section 

19 104(a) of the Riegle Community Develop20 ment and Regulatory Improvement Act of 

21 1994 (12 U.S.C. 4703(a)).’’; and 

22 (2) in subsection (j)(5)(B), by inserting after 

23 the first sentence the following: ‘‘There are author24 ized to be appropriated for those costs such sums as 


pbinns on DSKJLVW7X2PROD with $$_JOB
315 

•S 4670 IS

1 may be necessary for each of fiscal years 2022 

2 through 2032.’’. 

3 ASSISTANT SECRETARY FOR INDIAN HOUSING

4 SEC. 621. The Department of Housing and Urban 

5 Development Act (42 U.S.C. 3531 et seq.) is amended— 

6 (1) in section 4 (42 U.S.C. 3533)— 

7 (A) in subsection (a)(1), by striking ‘‘7’’ 

8 and inserting ‘‘8’’; and 

9 (B) in subsection (e)— 

10 (i) by redesignating paragraph (2) as 

11 paragraph (4); and 

12 (ii) by striking ‘‘(e)(1)(A) There’’ and 

13 all that follows through the end of para14 graph (1) and inserting the following: 

15 ‘‘(e)(1) There is established within the Department 

16 the Office of Native American Programs (in this sub17 section referred to as the ‘Office’) to be headed by an As18 sistant Secretary for Native American Programs (in this 

19 subsection referred to as the ‘Assistant Secretary’), who 

20 shall be 1 of the Assistant Secretaries in subsection (a)(1). 

21 ‘‘(2) The Assistant Secretary shall be responsible 

22 for— 

23 ‘‘(A) administering, in coordination with the 

24 relevant office in the Department, the provision of 

25 housing assistance to Indian tribes or Indian housVerDate Sep 11 2014 00:06 Jul 29, 2022 Jkt 029200 PO 00000 Frm 00315 Fmt 6652 Sfmt 6201 E:\BILLS\S4670.IS S4670

pbinns on DSKJLVW7X2PROD with $$_JOB
316 

•S 4670 IS

1 ing authorities under each program of the Depart2 ment that provides for such assistance; 

3 ‘‘(B) administering the community development 

4 block grant program for Indian tribes under title I 

5 of the Housing and Community Development Act of 

6 1974 (42 U.S.C. 5301 et seq.) and the provision of 

7 assistance to Indian tribes under such Act; 

8 ‘‘(C) directing, coordinating, and assisting in 

9 managing any regional offices of the Department 

10 that administer Indian programs to the extent of 

11 such programs; and 

12 ‘‘(D) coordinating all programs of the Depart13 ment relating to Indian and Alaska Native housing 

14 and community development. 

15 ‘‘(3) The Secretary shall include in the annual report 

16 under section 8 a description of the extent of the housing 

17 needs for Indian families and community development 

18 needs of Indian tribes in the United States and the activi19 ties of the Department, and extent of such activities, in 

20 meeting such needs.’’; and 

21 (2) in section 8 (42 U.S.C. 3536), by striking 

22 ‘‘section 4(e)(2)’’ and inserting ‘‘section 4(e)(4)’’. 

23 DRUG ELIMINATION PROGRAM

24 SEC. 622. (a) DEFINITIONS.—In this section: 


pbinns on DSKJLVW7X2PROD with $$_JOB
317 

•S 4670 IS

1 (1) CONTROLLED SUBSTANCE.—The term 

2 ‘‘controlled substance’’ has the meaning given the 

3 term in section 102 of the Controlled Substances 

4 Act (21 U.S.C. 802). 

5 (2) DRUG-RELATED CRIME.—The term ‘‘drug6 related crime’’ means the illegal manufacture, sale, 

7 distribution, use, or possession with intent to manu8 facture, sell, distribute, or use a controlled sub9 stance. 

10 (3) RECIPIENT.—The term ‘‘recipient’’— 

11 (A) has the meaning given the term in sec12 tion 4 of the Native American Housing Assist13 ance and Self-Determination Act of 1996 (25 

14 U.S.C. 4103); and 

15 (B) includes a recipient of funds under 

16 title VIII of that Act (25 U.S.C. 4221 et seq.). 

17 (4) SECRETARY.—The term ‘‘Secretary’’ means 

18 the Secretary of Housing and Urban Development. 

19 (b) ESTABLISHMENT.—The Secretary may make 

20 grants under this section to recipients of assistance under 

21 the Native American Housing Assistance and Self-Deter22 mination Act of 1996 (25 U.S.C. 4101 et seq.) for use 

23 in eliminating drug-related and violent crime. 

24 (c) ELIGIBLE ACTIVITIES.—Grants under this sec25 tion may be used for— 


pbinns on DSKJLVW7X2PROD with $$_JOB
318 

•S 4670 IS

1 (1) the employment of security personnel; 

2 (2) reimbursement of State, local, Tribal, or 

3 Bureau of Indian Affairs law enforcement agencies 

4 for additional security and protective services; 

5 (3) physical improvements which are specifically 

6 designed to enhance security; 

7 (4) the employment of 1 or more individuals— 

8 (A) to investigate drug-related or violent 

9 crime in and around the real property com10 prising housing assisted under the Native 

11 American Housing Assistance and Self-Deter12 mination Act of 1996 (25 U.S.C. 4101 et seq.); 

13 and 

14 (B) to provide evidence relating to such 

15 crime in any administrative or judicial pro16 ceeding; 

17 (5) the provision of training, communications 

18 equipment, and other related equipment for use by 

19 voluntary tenant patrols acting in cooperation with 

20 law enforcement officials; 

21 (6) programs designed to reduce use of drugs 

22 in and around housing communities funded under 

23 the Native American Housing Assistance and Self24 Determination Act of 1996 (25 U.S.C. 4101 et 


pbinns on DSKJLVW7X2PROD with $$_JOB
319 

•S 4670 IS

1 seq.), including drug-abuse prevention, intervention, 

2 referral, and treatment programs; 

3 (7) providing funding to nonprofit resident 

4 management corporations and resident councils to 

5 develop security and drug abuse prevention pro6 grams involving site residents; 

7 (8) sports programs and sports activities that 

8 serve primarily youths from housing communities 

9 funded through and are operated in conjunction 

10 with, or in furtherance of, an organized program or 

11 plan designed to reduce or eliminate drugs and 

12 drug-related problems in and around those commu13 nities; and 

14 (9) other programs for youth in school settings 

15 that address drug prevention and positive alter16 natives for youth, including education and activities 

17 related to science, technology, engineering, and 

18 math. 

19 (d) APPLICATIONS.— 

20 (1) IN GENERAL.—To receive a grant under 

21 this subsection, an eligible applicant shall submit an 

22 application to the Secretary, at such time, in such 

23 manner, and accompanied by— 

24 (A) a plan for addressing the problem of 

25 drug-related or violent crime in and around of 


pbinns on DSKJLVW7X2PROD with $$_JOB
320 

•S 4670 IS

1 the housing administered or owned by the appli2 cant for which the application is being sub3 mitted; and 

4 (B) such additional information as the Sec5 retary may reasonably require. 

6 (2) CRITERIA.—The Secretary shall approve ap7 plications submitted under paragraph (1) on the 

8 basis of thresholds or criteria such as— 

9 (A) the extent of the drug-related or vio10 lent crime problem in and around the housing 

11 or projects proposed for assistance; 

12 (B) the quality of the plan to address the 

13 crime problem in the housing or projects pro14 posed for assistance, including the extent to 

15 which the plan includes initiatives that can be 

16 sustained over a period of several years; 

17 (C) the capability of the applicant to carry 

18 out the plan; and 

19 (D) the extent to which tenants, the Tribal 

20 government, and the Tribal community support 

21 and participate in the design and implementa22 tion of the activities proposed to be funded 

23 under the application. 

24 (e) HIGH INTENSITY DRUG TRAFFICKING AREAS.— 

25 In evaluating the extent of the drug-related crime problem 


pbinns on DSKJLVW7X2PROD with $$_JOB
321 

•S 4670 IS

1 pursuant to subsection (d)(2), the Secretary may consider 

2 whether housing or projects proposed for assistance are 

3 located in a high intensity drug trafficking area designated 

4 pursuant to section 707(b) of the Office of National Drug 

5 Control Policy Reauthorization Act of 1998 (21 U.S.C. 

6 1706(b)). 

7 (f) REPORTS.— 

8 (1) GRANTEE REPORTS.—The Secretary shall 

9 require grantees under this section to provide peri10 odic reports that include the obligation and expendi11 ture of grant funds, the progress made by the grant12 ee in implementing the plan described in subsection 

13 (d)(1)(A), and any change in the incidence of drug14 related crime in projects assisted under section. 

15 (2) HUD REPORTS.—Not later than 1 year 

16 after the date of enactment of this Act, the Sec17 retary shall submit to Congress a report describing 

18 the system used to distribute funding to grantees 

19 under this section, which shall include descriptions 

20 of— 

21 (A) the methodology used to distribute 

22 amounts made available under this section; and 

23 (B) actions taken by the Secretary to en24 sure that amounts made available under section 


pbinns on DSKJLVW7X2PROD with $$_JOB
322 

•S 4670 IS

1 are not used to fund baseline local government 

2 services, as described in subsection (h)(2). 

3 (g) NOTICE OF FUNDING AWARDS.—The Secretary 

4 shall publish on the website of the Department a notice 

5 of all grant awards made pursuant to section, which shall 

6 identify the grantees and the amount of the grants. 

7 (h) MONITORING.— 

8 (1) IN GENERAL.—The Secretary shall audit 

9 and monitor the program funded under this sub10 section to ensure that assistance provided under this 

11 subsection is administered in accordance with the 

12 provisions of section. 

13 (2) PROHIBITION OF FUNDING BASELINE SERV14 ICES.— 

15 (A) IN GENERAL.—Amounts provided 

16 under this section may not be used to reim17 burse or support any local law enforcement 

18 agency or unit of general local government for 

19 the provision of services that are included in the 

20 baseline of services required to be provided by 

21 any such entity pursuant to a local cooperative 

22 agreement pursuant under the Indian Self-De23 termination and Education Assistance Act (25 

24 U.S.C. 5301 et seq.) or any provision of an anVerDate Sep 11 2014 00:06 Jul 29, 2022 Jkt 029200 PO 00000 Frm 00322 Fmt 6652 Sfmt 6201 E:\BILLS\S4670.IS S4670

pbinns on DSKJLVW7X2PROD with $$_JOB
323 

•S 4670 IS

1 nual contributions contract for payments in lieu 

2 of taxation with the Bureau of Indian Affairs. 

3 (B) DESCRIPTION.—Each grantee under 

4 this section shall describe, in the report under 

5 subsection (f)(1), such baseline of services for 

6 the unit of Tribal government in which the ju7 risdiction of the grantee is located. 

8 (3) ENFORCEMENT.—The Secretary shall pro9 vide for the effective enforcement of this section, as 

10 specified in the program requirements published in 

11 a notice by the Secretary, which may include— 

12 (A) the use of on-site monitoring, inde13 pendent public audit requirements, certification 

14 by Tribal or Federal law enforcement or Tribal 

15 government officials regarding the performance 

16 of baseline services referred to in paragraph 

17 (2); 

18 (B) entering into agreements with the At19 torney General to achieve compliance, and 

20 verification of compliance, with the provisions of 

21 this section; and 

22 (C) adopting enforcement authority that is 

23 substantially similar to the authority provided 

24 to the Secretary under the Native American 


pbinns on DSKJLVW7X2PROD with $$_JOB
324 

•S 4670 IS

1 Housing Assistance and Self-Determination Act 

2 of 1996 (25 U.S.C. 4101 et seq.) 

3 (i) AUTHORIZATION OF APPROPRIATIONS.—There 

4 are authorized to be appropriated such sums as may be 

5 necessary for each fiscal years 2022 through 2032 to carry 

6 out this section. 

7 RENTAL ASSISTANCE FOR HOMELESS OR AT-RISK INDIAN

8 VETERANS

9 SEC. 623. Section 8(o)(19) of the United States 

10 Housing Act of 1937 (42 U.S.C. 1437f(o)(19)) is amend11 ed by adding at the end the following: 

12 ‘‘(E) INDIAN VETERANS HOUSING RENTAL

13 ASSISTANCE PROGRAM.— 

14 ‘‘(i) DEFINITIONS.—In this subpara15 graph: 

16 ‘‘(I) ELIGIBLE INDIAN VET17 ERAN.—The term ‘eligible Indian vet18 eran’ means an Indian veteran who 

19 is— 

20 ‘‘(aa) homeless or at risk of 

21 homelessness; and 

22 ‘‘(bb) living— 

23 ‘‘(AA) on or near a res24 ervation; or 


pbinns on DSKJLVW7X2PROD with $$_JOB
325 

•S 4670 IS

1 ‘‘(BB) in or near any 

2 other Indian area. 

3 ‘‘(II) ELIGIBLE RECIPIENT.— 

4 The term ‘eligible recipient’ means a 

5 recipient eligible to receive a grant 

6 under section 101 of the Native 

7 American Housing Assistance and 

8 Self-Determination Act of 1996 (25 

9 U.S.C. 4111). 

10 ‘‘(III) INDIAN; INDIAN AREA.— 

11 The terms ‘Indian’ and ‘Indian area’ 

12 have the meanings given those terms 

13 in section 4 of the Native American 

14 Housing Assistance and Self-Deter15 mination Act of 1996 (25 U.S.C. 

16 4103). 

17 ‘‘(IV) INDIAN VETERAN.—The 

18 term ‘Indian veteran’ means an In19 dian who is a veteran. 

20 ‘‘(V) PROGRAM.—The term ‘Pro21 gram’ means the Tribal HUD–VASH 

22 program carried out under clause (ii). 

23 ‘‘(VI) TRIBAL ORGANIZATION.— 

24 The term ‘tribal organization’ has the 

25 meaning given the term in section 4 


pbinns on DSKJLVW7X2PROD with $$_JOB
326 

•S 4670 IS

1 of the Indian Self-Determination and 

2 Education Assistance Act (25 U.S.C. 

3 5304). 

4 ‘‘(ii) PROGRAM SPECIFICATIONS.— 

5 The Secretary shall use not less than 5 

6 percent of the amounts made available for 

7 rental assistance under this paragraph to 

8 carry out a rental assistance and sup9 ported housing program, to be known as 

10 the ‘Tribal HUD–VASH program’, in con11 junction with the Secretary of Veterans Af12 fairs, by awarding grants for the benefit of 

13 eligible Indian veterans. 

14 ‘‘(iii) MODEL.— 

15 ‘‘(I) IN GENERAL.—Except as 

16 provided in subclause (II), the Sec17 retary shall model the Program on the 

18 rental assistance and supported hous19 ing program authorized under sub20 paragraph (A) and applicable appro21 priations Acts, including administra22 tion in conjunction with the Secretary 

23 of Veterans Affairs. 

24 ‘‘(II) EXCEPTIONS.— 


pbinns on DSKJLVW7X2PROD with $$_JOB
327 

•S 4670 IS

1 ‘‘(aa) SECRETARY OF HOUS2 ING AND URBAN DEVELOP3 MENT.—After consultation with 

4 Indian tribes, eligible recipients, 

5 and any other appropriate tribal 

6 organizations, the Secretary may 

7 make necessary and appropriate 

8 modifications to facilitate the use 

9 of the Program by eligible recipi10 ents to serve eligible Indian vet11 erans. 

12 ‘‘(bb) SECRETARY OF VET13 ERANS AFFAIRS.—After consulta14 tion with Indian tribes, eligible 

15 recipients, and any other appro16 priate tribal organizations, the 

17 Secretary of Veterans Affairs 

18 may make necessary and appro19 priate modifications to facilitate 

20 the use of the Program by eligi21 ble recipients to serve eligible In22 dian veterans. 

23 ‘‘(iv) ELIGIBLE RECIPIENTS.—The 

24 Secretary shall make amounts for rental 

25 assistance and associated administrative 


pbinns on DSKJLVW7X2PROD with $$_JOB
328 

•S 4670 IS

1 costs under the Program available in the 

2 form of grants to eligible recipients. 

3 ‘‘(v) FUNDING CRITERIA.—The Sec4 retary shall award grants under the Pro5 gram based on— 

6 ‘‘(I) need; 

7 ‘‘(II) administrative capacity; and 

8 ‘‘(III) any other funding criteria 

9 established by the Secretary in a no10 tice published in the Federal Register 

11 after consulting with the Secretary of 

12 Veterans Affairs. 

13 ‘‘(vi) ADMINISTRATION.—Grants 

14 awarded under the Program shall be ad15 ministered in accordance with the Native 

16 American Housing Assistance and Self-De17 termination Act of 1996 (25 U.S.C. 4101 

18 et seq.), except that recipients shall— 

19 ‘‘(I) submit to the Secretary, in a 

20 manner prescribed by the Secretary, 

21 reports on the utilization of rental as22 sistance provided under the Program; 

23 and 

24 ‘‘(II) provide to the Secretary in25 formation specified by the Secretary 


pbinns on DSKJLVW7X2PROD with $$_JOB
329 

•S 4670 IS

1 to assess the effectiveness of the Pro2 gram in serving eligible Indian vet3 erans. 

4 ‘‘(vii) CONSULTATION.— 

5 ‘‘(I) GRANT RECIPIENTS; TRIBAL

6 ORGANIZATIONS.—The Secretary, in 

7 coordination with the Secretary of 

8 Veterans Affairs, shall consult with el9 igible recipients and any other appro10 priate tribal organization on the de11 sign of the Program to ensure the ef12 fective delivery of rental assistance 

13 and supportive services to eligible In14 dian veterans under the Program. 

15 ‘‘(II) INDIAN HEALTH SERV16 ICE.—The Director of the Indian 

17 Health Service shall provide any as18 sistance requested by the Secretary or 

19 the Secretary of Veterans Affairs in 

20 carrying out the Program. 

21 ‘‘(viii) WAIVER.— 

22 ‘‘(I) IN GENERAL.—Except as 

23 provided in subclause (II), the Sec24 retary may waive or specify alter25 native requirements for any provision 


pbinns on DSKJLVW7X2PROD with $$_JOB
330 

•S 4670 IS

1 of law (including regulations) that the 

2 Secretary administers in connection 

3 with the use of rental assistance made 

4 available under the Program if the 

5 Secretary finds that the waiver or al6 ternative requirement is necessary for 

7 the effective delivery and administra8 tion of rental assistance under the 

9 Program to eligible Indian veterans. 

10 ‘‘(II) EXCEPTION.—The Sec11 retary may not waive or specify alter12 native requirements under subclause 

13 (I) for any provision of law (including 

14 regulations) relating to labor stand15 ards or the environment. 

16 ‘‘(ix) RENEWAL GRANTS.—The Sec17 retary may— 

18 ‘‘(I) set aside, from amounts 

19 made available for tenant-based rental 

20 assistance under this subsection and 

21 without regard to the amounts used 

22 for new grants under clause (ii), such 

23 amounts as may be necessary to 

24 award renewal grants to eligible reVerDate Sep 11 2014 00:06 Jul 29, 2022 Jkt 029200 PO 00000 Frm 00330 Fmt 6652 Sfmt 6201 E:\BILLS\S4670.IS S4670

pbinns on DSKJLVW7X2PROD with $$_JOB
331 

•S 4670 IS

1 cipients that received a grant under 

2 the Program in a previous year; and 

3 ‘‘(II) specify criteria that an eli4 gible recipient must satisfy to receive 

5 a renewal grant under subclause (I), 

6 including providing data on how the 

7 eligible recipient used the amounts of 

8 any grant previously received under 

9 the Program. 

10 ‘‘(x) REPORTING.— 

11 ‘‘(I) IN GENERAL.—Not later 

12 than 1 year after the date of enact13 ment of this subparagraph, and every 

14 5 years thereafter, the Secretary, in 

15 coordination with the Secretary of 

16 Veterans Affairs and the Director of 

17 the Indian Health Service, shall— 

18 ‘‘(aa) conduct a review of 

19 the implementation of the Pro20 gram, including any factors that 

21 may have limited its success; and 

22 ‘‘(bb) submit a report de23 scribing the results of the review 

24 under item (aa) to— 


pbinns on DSKJLVW7X2PROD with $$_JOB
332 

•S 4670 IS

1 ‘‘(AA) the Committee 

2 on Indian Affairs, the Com3 mittee on Banking, Housing, 

4 and Urban Affairs, the 

5 Committee on Veterans’ Af6 fairs, and the Committee on 

7 Appropriations of the Sen8 ate; and 

9 ‘‘(BB) the Sub10 committee on Indian, Insu11 lar and Alaska Native Af12 fairs of the Committee on 

13 Natural Resources, the 

14 Committee on Financial 

15 Services, the Committee on 

16 Veterans’ Affairs, and the 

17 Committee on Appropria18 tions of the House of Rep19 resentatives. 

20 ‘‘(II) ANALYSIS OF HOUSING

21 STOCK LIMITATION.—The Secretary 

22 shall include in the initial report sub23 mitted under subclause (I) a descrip24 tion of— 


pbinns on DSKJLVW7X2PROD with $$_JOB
333 

•S 4670 IS

1 ‘‘(aa) any regulations gov2 erning the use of formula current 

3 assisted stock (as defined in sec4 tion 1000.314 of title 24, Code of 

5 Federal Regulations (or any suc6 cessor regulation)) within the 

7 Program; 

8 ‘‘(bb) the number of recipi9 ents of grants under the Pro10 gram that have reported the reg11 ulations described in item (aa) as 

12 a barrier to implementation of 

13 the Program; and 

14 ‘‘(cc) proposed alternative 

15 legislation or regulations devel16 oped by the Secretary in con17 sultation with recipients of 

18 grants under the Program to 

19 allow the use of formula current 

20 assisted stock within the Pro21 gram.’’. 

22 LEVERAGING

23 SEC. 624. All funds provided under a grant made 

24 pursuant to this division or the amendments made by this 

25 division may be used for purposes of meeting matching 


pbinns on DSKJLVW7X2PROD with $$_JOB
334 

•S 4670 IS

1 or cost participation requirements under any other Fed2 eral or non-Federal program, provided that such grants 

3 made pursuant to the Native American Housing Assist4 ance and Self-Determination Act of 1996 (25 U.S.C. 4101 

5 et seq.) are spent in accordance with that Act. 

6 This Act may be cited as the ‘‘Transportation, Hous7 ing and Urban Development, and Related Agencies Appro8 priations Act, 2023’’. 

Æ 


pbinns on DSKJLVW7X2PROD with $$_JOB