Transportation, Housing and Urban Development, and Related Agencies Appropriations Act, 2023

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. That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the Departments of Transportation, and Housing and Urban Development, and related agencies for the fiscal year ending September 30, 2023, and for other purposes, namely: I DEPARTMENT OF TRANSPORTATION Office of the Secretary SALARIES AND EXPENSES For necessary expenses of the Office of the Secretary, $176,000,000: Provided (1) $3,569,000 shall be available for the immediate Office of the Secretary; (2) $1,277,000 shall be available for the immediate Office of the Deputy Secretary; (3) $27,089,000 shall be available for the Office of the General Counsel; (4) $17,400,000 shall be available for the Office of the Under Secretary of Transportation for Policy; (5) $21,026,000 shall be available for the Office of the Assistant Secretary for Budget and Programs; (6) $3,968,000 shall be available for the Office of the Assistant Secretary for Governmental Affairs; (7) $42,402,000 shall be available for the Office of the Assistant Secretary for Administration; (8) $5,727,000 shall be available for the Office of Public Affairs and Public Engagement; (9) $2,312,000 shall be available for the Office of the Executive Secretariat; (10) $18,533,000 shall be available for the Office of Intelligence, Security, and Emergency Response; (11) $29,195,000 shall be available for the Office of the Chief Information Officer; and (12) $1,500,000 shall be available for the Office of Tribal Government Affairs; and (13) $2,000,000 shall be available for the Office of Multimodal Freight Infrastructure and Policy: Provided further Secretary Provided further Provided further Provided further Provided further RESEARCH AND TECHNOLOGY For necessary expenses related to the Office of the Assistant Secretary for Research and Technology, $66,963,000, of which $52,780,000 shall remain available until expended: Provided Provided further NATIONAL INFRASTRUCTURE INVESTMENTS (INCLUDING TRANSFER OF FUNDS) For necessary expenses to carry out section 6702 of title 49, United States Code, $775,000,000, to remain available until expended: Provided Provided further Provided further Provided further Provided further Provided further Provided further Provided further Provided further Provided further Provided further Provided further Provided further Provided further Provided further chapter 67 Provided further Provided further THRIVING COMMUNITIES INITIATIVE (INCLUDING TRANSFER OF FUNDS) For necessary expenses for a thriving communities program, $100,000,000, to remain available until September 30, 2025: Provided Provided further Provided further Provided further Provided further Provided further Provided further Provided further Provided further Provided further NATIONAL SURFACE TRANSPORTATION AND INNOVATIVE FINANCE BUREAU For necessary expenses of the National Surface Transportation and Innovative Finance Bureau as authorized by 49 U.S.C. 116 Provided Provided further Provided further RAILROAD REHABILITATION AND IMPROVEMENT FINANCING PROGRAM The Secretary is authorized to issue direct loans and loan guarantees pursuant to chapter 224 FINANCIAL MANAGEMENT CAPITAL For necessary expenses for upgrading and enhancing the Department of Transportation's financial systems and re-engineering business processes, $5,000,000, to remain available through September 30, 2024. CYBER SECURITY INITIATIVES For necessary expenses for cyber security initiatives, including necessary upgrades to network and information technology infrastructure, improvement of identity management and authentication capabilities, securing and protecting data, implementation of Federal cyber security initiatives, and implementation of enhanced security controls on agency computers and mobile devices, $48,100,000, to remain available until September 30, 2024. OFFICE OF CIVIL RIGHTS For necessary expenses of the Office of Civil Rights, $15,000,000. TRANSPORTATION PLANNING, RESEARCH, AND DEVELOPMENT (INCLUDING TRANSFER OF FUNDS) For necessary expenses for conducting transportation planning, research, systems development, development activities, and making grants, $19,648,000, to remain available until expended: Provided Provided further Provided further WORKING CAPITAL FUND (INCLUDING TRANSFER OF FUNDS) For necessary expenses for operating costs and capital outlays of the Working Capital Fund, not to exceed $505,285,000, shall be paid from appropriations made available to the Department of Transportation: Provided Provided further Public Law 117–58 Provided further Provided further SMALL AND DISADVANTAGED BUSINESS UTILIZATION AND OUTREACH For necessary expenses for small and disadvantaged business utilization and outreach activities, $7,094,000, to remain available until September 30, 2024: Provided Provided further Office of the Secretary—Minority Business Resource Center Program PAYMENTS TO AIR CARRIERS (AIRPORT AND AIRWAY TRUST FUND) In addition to funds made available from any other source to carry out the essential air service program under sections 41731 through 41742 of title 49, United States Code, $354,827,000, to be derived from the Airport and Airway Trust Fund, to remain available until expended: Provided Provided further Provided further Provided further ELECTRIC VEHICLE FLEET (INCLUDING TRANSFER OF FUNDS) For necessary expenses for the Department’s transition to the General Services Administration’s leased vehicle fleet, and for the purchase of zero emission passenger motor vehicles and supporting charging or fueling infrastructure, $11,000,000, to remain available until September 30, 2025: Provided Provided further Provided further ADMINISTRATIVE PROVISIONS—OFFICE OF THE SECRETARY OF TRANSPORTATION 101. None of the funds made available by this Act to the Department of Transportation may be obligated for the Office of the Secretary of Transportation to approve assessments or reimbursable agreements pertaining to funds appropriated to the operating administrations in this Act, except for activities underway on the date of enactment of this Act, unless such assessments or agreements have completed the normal reprogramming process for congressional notification. 102. The Secretary shall post on the web site of the Department of Transportation a schedule of all meetings of the Council on Credit and Finance, including the agenda for each meeting, and require the Council on Credit and Finance to record the decisions and actions of each meeting. 103. In addition to authority provided by section 327 of title 49, United States Code, the Department’s Working Capital Fund is authorized to provide partial or full payments in advance and accept subsequent reimbursements from all Federal agencies from available funds for transit benefit distribution services that are necessary to carry out the Federal transit pass transportation fringe benefit program under Executive Order No. 13150 and section 3049 of SAFETEA–LU ( 5 U.S.C. 7905 Provided Provided further Provided further 104. Receipts collected in the Department’s Working Capital Fund, as authorized by section 327 of title 49, United States Code, for unused transit and van pool benefits, in an amount not to exceed 10 percent of fiscal year 2023 collections, shall be available until expended in the Department’s Working Capital Fund to provide contractual services in support of section 189 of this Act: Provided 105. None of the funds in this title may be obligated or expended for retention or senior executive bonuses for an employee of the Department of Transportation without the prior written approval of the Assistant Secretary for Administration. 106. In addition to authority provided by section 327 of title 49, United States Code, the Department's Administrative Working Capital Fund is hereby authorized to transfer information technology equipment, software, and systems from Departmental sources or other entities and collect and maintain a reserve at rates which will return full cost of transferred assets. 107. None of the funds provided in this Act to the Department of Transportation may be used to provide credit assistance unless not less than 3 days before any application approval to provide credit assistance under sections 603 and 604 of title 23, United States Code, the Secretary provides notification in writing to the following committees: the House and Senate Committees on Appropriations; the Committee on Environment and Public Works and the Committee on Banking, Housing and Urban Affairs of the Senate; and the Committee on Transportation and Infrastructure of the House of Representatives: Provided Federal aviation administration OPERATIONS (AIRPORT AND AIRWAY TRUST FUND) For necessary expenses of the Federal Aviation Administration, not otherwise provided for, including operations and research activities related to commercial space transportation, administrative expenses for research and development, establishment of air navigation facilities, the operation (including leasing) and maintenance of aircraft, subsidizing the cost of aeronautical charts and maps sold to the public, the lease or purchase of passenger motor vehicles for replacement only, $11,870,000,000, to remain available until September 30, 2024, of which $9,993,821,000 to be derived from the Airport and Airway Trust Fund: Provided (1) not less than $1,645,018,000 shall be available for aviation safety activities; (2) $8,760,044,000 shall be available for air traffic organization activities; (3) $33,675,000 shall be available for commercial space transportation activities; (4) $915,049,000 shall be available for finance and management activities; (5) $65,581,000 shall be available for NextGen and operations planning activities; (6) $153,447,000 shall be available for security and hazardous materials safety; and (7) $297,186,000 shall be available for staff offices: Provided further Provided further Provided further Provided further 49 U.S.C. 40101 Provided further Provided further Provided further Provided further Provided further Provided further Provided further Provided further Provided further Provided further FACILITIES AND EQUIPMENT (AIRPORT AND AIRWAY TRUST FUND) For necessary expenses, not otherwise provided for, for acquisition, establishment, technical support services, improvement by contract or purchase, and hire of national airspace systems and experimental facilities and equipment, as authorized under part A of subtitle VII of title 49, United States Code, including initial acquisition of necessary sites by lease or grant; engineering and service testing, including construction of test facilities and acquisition of necessary sites by lease or grant; construction and furnishing of quarters and related accommodations for officers and employees of the Federal Aviation Administration stationed at remote localities where such accommodations are not available; and the purchase, lease, or transfer of aircraft from funds made available under this heading, including aircraft for aviation regulation and certification; to be derived from the Airport and Airway Trust Fund, $2,900,000,000, of which $570,000,000 is for personnel and related expenses and shall remain available until September 30, 2024, $1,803,600,000 is for equipment and shall remain available until September 30, 2025, and $526,400,000 is for facilities and shall remain available until September 30, 2027: Provided Provided further Provided further Public Law 117–58 Provided further Facilities and Equipment Spend Plan for Fiscal Year 2023 Infrastructure Investment and Jobs Act Funding Provided further RESEARCH, ENGINEERING, AND DEVELOPMENT (AIRPORT AND AIRWAY TRUST FUND) For necessary expenses, not otherwise provided for, for research, engineering, and development, as authorized under part A of subtitle VII of title 49, United States Code, including construction of experimental facilities and acquisition of necessary sites by lease or grant, $260,500,000, to be derived from the Airport and Airway Trust Fund and to remain available until September 30, 2025: Provided Provided further Provided further Provided further Provided further GRANTS-IN-AID FOR AIRPORTS (LIQUIDATION OF CONTRACT AUTHORIZATION) (LIMITATION ON OBLIGATIONS) (AIRPORT AND AIRWAY TRUST FUND) (INCLUDING TRANSFER OF FUNDS) For liquidation of obligations incurred for grants-in-aid for airport planning and development, and noise compatibility planning and programs as authorized under subchapter I of chapter 471 and subchapter I of chapter 475 Provided Provided further Provided further Provided further Office of the Secretary, Salaries and Expenses Provided further GRANTS-IN-AID FOR AIRPORTS For an additional amount for Grants-In-Aid for Airports chapter 475 Provided chapter 471 Provided further Transportation, Housing and Urban Development Incorporation of Community Project Funding Items Provided further Provided further Provided further ADMINISTRATIVE PROVISIONS—FEDERAL AVIATION ADMINISTRATION 110. None of the funds made available by this Act may be used to compensate in excess of 600 technical staff-years under the federally funded research and development center contract between the Federal Aviation Administration and the Center for Advanced Aviation Systems Development during fiscal year 2023. 111. None of the funds made available by this Act shall be used to pursue or adopt guidelines or regulations requiring airport sponsors to provide to the Federal Aviation Administration without cost building construction, maintenance, utilities and expenses, or space in airport sponsor-owned buildings for services relating to air traffic control, air navigation, or weather reporting: Provided below-market 112. The Administrator of the Federal Aviation Administration may reimburse amounts made available to satisfy section 41742(a)(1) of title 49, United States Code, from fees credited under section 45303 of title 49, United States Code, and any amount remaining in such account at the close of any fiscal year may be made available to satisfy section 41742(a)(1) of title 49, United States Code, for the subsequent fiscal year. 113. Amounts collected under section 40113(e) of title 49, United States Code, shall be credited to the appropriation current at the time of collection, to be merged with and available for the same purposes as such appropriation. 114. None of the funds made available by this Act shall be available for paying premium pay under section 5546(a) of title 5, United States Code, to any Federal Aviation Administration employee unless such employee actually performed work during the time corresponding to such premium pay. 115. None of the funds made available by this Act may be obligated or expended for an employee of the Federal Aviation Administration to purchase a store gift card or gift certificate through use of a Government-issued credit card. 116. Notwithstanding any other provision of law, none of the funds made available under this Act or any prior Act may be used to implement or to continue to implement any limitation on the ability of any owner or operator of a private aircraft to obtain, upon a request to the Administrator of the Federal Aviation Administration, a blocking of that owner's or operator's aircraft registration number, Mode S transponder code, flight identification, call sign, or similar identifying information from any ground based display to the public that would allow the real-time or near real-time flight tracking of that aircraft’s movements, except data made available to a Government agency, for the noncommercial flights of that owner or operator. 117. None of the funds made available by this Act shall be available for salaries and expenses of more than nine political and Presidential appointees in the Federal Aviation Administration. 118. None of the funds made available by this Act may be used to increase fees pursuant to section 44721 of title 49, United States Code, until the Federal Aviation Administration provides to the House and Senate Committees on Appropriations a report that justifies all fees related to aeronautical navigation products and explains how such fees are consistent with Executive Order No. 13642. 119. None of the funds made available by this Act may be used to close a regional operations center of the Federal Aviation Administration or reduce its services unless the Administrator notifies the House and Senate Committees on Appropriations not less than 90 full business days in advance. 119A. None of the funds made available by or limited by this Act may be used to change weight restrictions or prior permission rules at Teterboro airport in Teterboro, New Jersey. 119B. None of the funds made available by this Act may be used by the Administrator of the Federal Aviation Administration to withhold from consideration and approval any new application for participation in the Contract Tower Program, or for reevaluation of Cost-share Program participants so long as the Federal Aviation Administration has received an application from the airport, and so long as the Administrator determines such tower is eligible using the factors set forth in Federal Aviation Administration published establishment criteria. 119C. None of the funds made available by this Act may be used to open, close, redesignate as a lesser office, or reorganize a regional office, the aeronautical center, or the technical center unless the Administrator submits a request for the reprogramming of funds under section 405 of this Act. 119D. The Federal Aviation Administration Administrative Services Franchise Fund may be reimbursed after performance or paid in advance from funds available to the Federal Aviation Administration and other Federal agencies for which the Fund performs services. 119E. None of the funds appropriated or otherwise made available to the FAA may be used to carry out the FAA’s obligations under section 44502(e) of title 49, United States Code, unless the eligible air traffic system or equipment to be transferred to the FAA under section 44502(e) of title 49, United States Code, was purchased by the transferor airport— (1) during the period of time beginning on October 5, 2018 and ending on December 31, 2021; or (2) on or after January 1, 2022 for transferor airports located in a non-contiguous states. 119F. Of the funds provided under the heading “Grants-in-aid for Airports”, up to $3,500,000 shall be for necessary expenses, including an independent verification regime, to provide reimbursement to airport sponsors that do not provide gateway operations and providers of general aviation ground support services, or other aviation tenants, located at those airports closed during a temporary flight restriction (TFR) for any residence of the President that is designated or identified to be secured by the United States Secret Service, and for direct and incremental financial losses incurred while such airports are closed solely due to the actions of the Federal Government: Provided Provided further Provided further Federal highway administration LIMITATION ON ADMINISTRATIVE EXPENSES (HIGHWAY TRUST FUND) (INCLUDING TRANSFER OF FUNDS) Not to exceed $476,783,991 together with advances and reimbursements received by the Federal Highway Administration, shall be obligated for necessary expenses for administration and operation of the Federal Highway Administration or transferred to the Appalachian Regional Commission for administrative activities associated with the Appalachian Development Highway System. FEDERAL-AID HIGHWAYS (LIMITATION ON OBLIGATIONS) (HIGHWAY TRUST FUND) Funds available for the implementation or execution of authorized Federal-aid highway and highway safety construction programs shall not exceed total obligations of $58,764,510,674 for fiscal year 2023: Provided (LIQUIDATION OF CONTRACT AUTHORIZATION) (HIGHWAY TRUST FUND) For the payment of obligations incurred in carrying out authorized Federal-aid highway and highway safety construction programs, $59,503,510,674 derived from the Highway Trust Fund (other than the Mass Transit Account), to remain available until expended. HIGHWAY INFRASTRUCTURE PROGRAMS (INCLUDING TRANSFER OF FUNDS) There is hereby appropriated to the Secretary $1,755,060,641: Provided Federal-aid Highways chapter 1 Public Law 102–240 Provided further Public Law 117–58 Provided further Provided further Provided further (1) $1,275,060,641 shall be made available for Community Project Funding for the purposes, and in the amounts, specified for this account in the table titled Transportation, Housing and Urban Development Incorporation of Community Project Funding Items Provided chapter 1 Provided further chapter 2 Public Law 117–58 (2) $100,000,000 shall be for necessary expenses for construction of the Appalachian Development Highway System as authorized under section 1069(y) of Public Law 102–240 Provided Appalachian State Provided further Provided further chapter 1 Provided further Provided further Provided further Provided further Provided further (3) $75,000,000 shall be for the nationally significant Federal lands and Tribal projects program under section 1123 of the FAST Act ( 23 U.S.C. 201 (4) $12,000,000 shall be for the regional infrastructure accelerator demonstration program authorized under section 1441 of the FAST Act ( 23 U.S.C. 601 Provided (5) $30,000,000 shall be for the national scenic byways program under section 162 of title 23, United States Code: Provided chapter 1 (6) $100,000,000 shall be for the safe streets and roads for all grant program under section 24112 of the Infrastructure Investment and Jobs Act ( 23 U.S.C. 402 Provided Provided further Office of the Secretary (7) $100,000,000 shall be for the active transportation infrastructure investment program under section 11529 of the Infrastructure Investment and Jobs Act ( 23 U.S.C. 217 Provided chapter 1 (8) $55,000,000 shall be for the healthy streets program under section 11406 of the Infrastructure Investment and Jobs Act ( 23 U.S.C. 149 Provided chapter 1 (9) $5,000,000 shall be for a cooperative series of agreements to examine the impacts of culverts, roads, and bridges on threatened or endangered salmon populations. ADMINISTRATIVE PROVISIONS—FEDERAL HIGHWAY ADMINISTRATION 120. (a) For fiscal year 2023, the Secretary of Transportation shall— (1) not distribute from the obligation limitation for Federal-aid highways— (A) amounts authorized for administrative expenses and programs by section 104(a) of title 23, United States Code; and (B) amounts authorized for the Bureau of Transportation Statistics; (2) not distribute an amount from the obligation limitation for Federal-aid highways that is equal to the unobligated balance of amounts— (A) made available from the Highway Trust Fund (other than the Mass Transit Account) for Federal-aid highway and highway safety construction programs for previous fiscal years the funds for which are allocated by the Secretary (or apportioned by the Secretary under sections 202 or 204 of title 23, United States Code); and (B) for which obligation limitation was provided in a previous fiscal year; (3) determine the proportion that— (A) the obligation limitation for Federal-aid highways, less the aggregate of amounts not distributed under paragraphs (1) and (2) of this subsection; bears to (B) the total of the sums authorized to be appropriated for the Federal-aid highway and highway safety construction programs (other than sums authorized to be appropriated for provisions of law described in paragraphs (1) through (11) of subsection (b) and sums authorized to be appropriated for section 119 of title 23, United States Code, equal to the amount referred to in subsection (b)(12) for such fiscal year), less the aggregate of the amounts not distributed under paragraphs (1) and (2) of this subsection; (4) distribute the obligation limitation for Federal-aid highways, less the aggregate amounts not distributed under paragraphs (1) and (2), for each of the programs (other than programs to which paragraph (1) applies) that are allocated by the Secretary under authorized Federal-aid highway and highway safety construction programs, or apportioned by the Secretary under sections 202 or 204 of title 23, United States Code, by multiplying— (A) the proportion determined under paragraph (3); by (B) the amounts authorized to be appropriated for each such program for such fiscal year; and (5) distribute the obligation limitation for Federal-aid highways, less the aggregate amounts not distributed under paragraphs (1) and (2) and the amounts distributed under paragraph (4), for Federal-aid highway and highway safety construction programs that are apportioned by the Secretary under title 23, United States Code (other than the amounts apportioned for the National Highway Performance Program in section 119 of title 23, United States Code, that are exempt from the limitation under subsection (b)(12) and the amounts apportioned under sections 202 and 204 of that title) in the proportion that— (A) amounts authorized to be appropriated for the programs that are apportioned under title 23, United States Code, to each State for such fiscal year; bears to (B) the total of the amounts authorized to be appropriated for the programs that are apportioned under title 23, United States Code, to all States for such fiscal year. (b) Exceptions from obligation limitation The obligation limitation for Federal-aid highways shall not apply to obligations under or for— (1) section 125 of title 23, United States Code; (2) section 147 of the Surface Transportation Assistance Act of 1978 ( 23 U.S.C. 144 (3) section 9 of the Federal-Aid Highway Act of 1981 (95 Stat. 1701); (4) subsections (b) and (j) of section 131 of the Surface Transportation Assistance Act of 1982 (96 Stat. 2119); (5) subsections (b) and (c) of section 149 of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (101 Stat. 198); (6) sections 1103 through 1108 of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 2027); (7) section 157 of title 23, United States Code (as in effect on June 8, 1998); (8) section 105 of title 23, United States Code (as in effect for fiscal years 1998 through 2004, but only in an amount equal to $639,000,000 for each of those fiscal years); (9) Federal-aid highway programs for which obligation authority was made available under the Transportation Equity Act for the 21st Century (112 Stat. 107) or subsequent Acts for multiple years or to remain available until expended, but only to the extent that the obligation authority has not lapsed or been used; (10) section 105 of title 23, United States Code (as in effect for fiscal years 2005 through 2012, but only in an amount equal to $639,000,000 for each of those fiscal years); (11) section 1603 of SAFETEA–LU ( 23 U.S.C. 118 (12) section 119 of title 23, United States Code (but, for each of fiscal years 2013 through 2023, only in an amount equal to $639,000,000). (c) Redistribution of unused obligation authority Notwithstanding subsection (a), the Secretary shall, after August 1 of such fiscal year— (1) revise a distribution of the obligation limitation made available under subsection (a) if an amount distributed cannot be obligated during that fiscal year; and (2) redistribute sufficient amounts to those States able to obligate amounts in addition to those previously distributed during that fiscal year, giving priority to those States having large unobligated balances of funds apportioned under sections 144 (as in effect on the day before the date of enactment of Public Law 112–141 (d) Applicability of obligation limitations to transportation research programs (1) In general Except as provided in paragraph (2), the obligation limitation for Federal-aid highways shall apply to contract authority for transportation research programs carried out under— (A) chapter 5 (B) title VI of the Fixing America's Surface Transportation Act; and (C) title III of division A of the Infrastructure Investment and Jobs Act ( Public Law 117–58 (2) Exception Obligation authority made available under paragraph (1) shall— (A) remain available for a period of 4 fiscal years; and (B) be in addition to the amount of any limitation imposed on obligations for Federal-aid highway and highway safety construction programs for future fiscal years. (e) Redistribution of certain authorized funds (1) In general Not later than 30 days after the date of distribution of obligation limitation under subsection (a), the Secretary shall distribute to the States any funds (excluding funds authorized for the program under section 202 of title 23, United States Code) that— (A) are authorized to be appropriated for such fiscal year for Federal-aid highway programs; and (B) the Secretary determines will not be allocated to the States (or will not be apportioned to the States under section 204 of title 23, United States Code), and will not be available for obligation, for such fiscal year because of the imposition of any obligation limitation for such fiscal year. (2) Ratio Funds shall be distributed under paragraph (1) in the same proportion as the distribution of obligation authority under subsection (a)(5). (3) Availability Funds distributed to each State under paragraph (1) shall be available for any purpose described in section 133(b) of title 23, United States Code. 121. Notwithstanding 31 U.S.C. 3302 chapter 63 Provided 122. Not less than 15 days prior to waiving, under his or her statutory authority, any Buy America requirement for Federal-aid highways projects, the Secretary of Transportation shall make an informal public notice and comment opportunity on the intent to issue such waiver and the reasons therefor: Provided 123. None of the funds made available in this Act may be used to make a grant for a project under section 117 of title 23, United States Code, unless the Secretary, at least 60 days before making a grant under that section, provides written notification to the House and Senate Committees on Appropriations of the proposed grant, including an evaluation and justification for the project and the amount of the proposed grant award: Provided 124. (a) A State or territory, as defined in section 165 of title 23, United States Code, may use for any project eligible under section 133(b) of title 23 or section 165 of title 23 and located within the boundary of the State or territory any earmarked amount, and any associated obligation limitation: Provided (b) In this section, the term earmarked amount (1) congressionally directed spending, as defined in rule XLIV of the Standing Rules of the Senate, identified in a prior law, report, or joint explanatory statement, which was authorized to be appropriated or appropriated more than 10 fiscal years prior to the current fiscal year, and administered by the Federal Highway Administration; or (2) a congressional earmark, as defined in rule XXI of the Rules of the House of Representatives, identified in a prior law, report, or joint explanatory statement, which was authorized to be appropriated or appropriated more than 10 fiscal years prior to the current fiscal year, and administered by the Federal Highway Administration. (c) The authority under subsection (a) may be exercised only for those projects or activities that have obligated less than 10 percent of the amount made available for obligation as of October 1 of the current fiscal year, and shall be applied to projects within the same general geographic area within 25 miles for which the funding was designated, except that a State or territory may apply such authority to unexpended balances of funds from projects or activities the State or territory certifies have been closed and for which payments have been made under a final voucher. (d) The Secretary shall submit consolidated reports of the information provided by the States and territories annually to the House and Senate Committees on Appropriations. 125. Until final guidance is published, the Administrator of the Federal Highway Administration shall adjudicate requests for Buy America waivers under the criteria that were in effect prior to April 17, 2018. Federal motor carrier safety administration MOTOR CARRIER SAFETY OPERATIONS AND PROGRAMS (LIQUIDATION OF CONTRACT AUTHORIZATION) (LIMITATION ON OBLIGATIONS) (HIGHWAY TRUST FUND) For payment of obligations incurred in the implementation, execution, and administration of motor carrier safety operations and programs pursuant to section 31110 of title 49, United States Code, $367,500,000, to be derived from the Highway Trust Fund (other than the Mass Transit Account), together with advances and reimbursements received by the Federal Motor Carrier Safety Administration, the sum of which shall remain available until expended: Provided Motor Carrier Safety Operations and Programs MOTOR CARRIER SAFETY GRANTS (LIQUIDATION OF CONTRACT AUTHORIZATION) (LIMITATION ON OBLIGATIONS) (HIGHWAY TRUST FUND) For payment of obligations incurred in carrying out sections 31102, 31103, 31104, and 31313 of title 49, United States Code, $506,150,000, to be derived from the Highway Trust Fund (other than the Mass Transit Account) and to remain available until expended: Provided Motor Carrier Safety Grants Provided further (1) $398,500,000, to remain available for obligation until September 30, 2024, shall be for the motor carrier safety assistance program; (2) $42,650,000, to remain available for obligation until September 30, 2024, shall be for the commercial driver's license program implementation program; (3) $58,800,000, to remain available for obligation until September 30, 2024, shall be for the high priority program; (4) $1,200,000, to remain available for obligation until September 30, 2024, shall be for the commercial motor vehicle operators grant program; and (5) $5,000,000, to remain available for obligation until September 30, 2024, shall be for the commercial motor vehicle enforcement training and support grant program. ADMINISTRATIVE PROVISIONS—FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION 130. The Federal Motor Carrier Safety Administration shall update annual inspection regulations under Appendix G to subchapter B of chapter III of title 49, Code of Federal Regulations, as recommended by GAO–19–264. 131. None of the funds appropriated or otherwise made available to the Department of Transportation by this Act or any other Act may be obligated or expended to implement, administer, or enforce the requirements of section 31137 of title 49, United States Code, or any regulation issued by the Secretary pursuant to such section, with respect to the use of electronic logging devices by operators of commercial motor vehicles, as such term is defined in section 31132 of such title, who are transporting livestock, as such term is defined in section 602 of the Emergency Livestock Feed Assistance Act of 1988 ( 7 U.S.C. 1471 National highway traffic safety administration OPERATIONS AND RESEARCH For expenses necessary to discharge the functions of the Secretary, with respect to traffic and highway safety authorized under chapter 301 and part C of subtitle VI of title 49, United States Code, $230,000,000, to remain available through September 30, 2024. OPERATIONS AND RESEARCH (LIQUIDATION OF CONTRACT AUTHORIZATION) (LIMITATION ON OBLIGATIONS) (HIGHWAY TRUST FUND) For payment of obligations incurred in carrying out the provisions of section 403 of title 23, United States Code, including behavioral research on Automated Driving Systems and Advanced Driver Assistance Systems and improving consumer responses to safety recalls, section 25024 of the Infrastructure Investment and Jobs Act ( Public Law 117–58 chapter 303 Provided Provided further (1) $190,000,000 shall be for programs authorized under section 403 of title 23, United States Code, including behavioral research on Automated Driving Systems and Advanced Driver Assistance Systems and improving consumer responses to safety recalls, and section 25024 of the Infrastructure Investment and Jobs Act ( Public Law 117–58 (2) $7,000,000 shall be for the National Driver Register authorized under chapter 303 Provided further Provided further HIGHWAY TRAFFIC SAFETY GRANTS (LIQUIDATION OF CONTRACT AUTHORIZATION) (LIMITATION ON OBLIGATIONS) (HIGHWAY TRUST FUND) For payment of obligations incurred in carrying out provisions of sections 402, 404, and 405 of title 23, United States Code, and grant administration expenses under chapter 4 Provided chapter 4 Provided further (1) $370,900,000 shall be for Highway Safety Programs (2) $346,500,000 shall be for National Priority Safety Programs (3) $38,300,000 shall be for the High Visibility Enforcement Program (4) $39,520,000 shall be for grant administrative expenses under chapter 4 Provided further Provided further National Priority Safety Programs Impaired Driving Countermeasures Provided further Transfers Provided further ADMINISTRATIVE PROVISIONS—NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION 140. An additional $130,000 shall be made available to the National Highway Traffic Safety Administration, out of the amount limited for section 402 of title 23, United States Code, to pay for travel and related expenses for State management reviews and to pay for core competency development training and related expenses for highway safety staff. 141. The limitations on obligations for the programs of the National Highway Traffic Safety Administration set in this Act shall not apply to obligations for which obligation authority was made available in previous public laws but only to the extent that the obligation authority has not lapsed or been used. 142. None of the funds in this Act or any other Act shall be used to enforce the requirements of section 405(a)(9) of title 23, United States Code. Federal railroad administration SAFETY AND OPERATIONS For necessary expenses of the Federal Railroad Administration, not otherwise provided for, $250,449,000, of which $25,000,000 shall remain available until expended. RAILROAD RESEARCH AND DEVELOPMENT For necessary expenses for railroad research and development, $47,000,000, to remain available until expended: Provided FEDERAL-STATE PARTNERSHIP FOR INTERCITY PASSENGER RAIL For necessary expenses related to Federal-State Partnership for Intercity Passenger Rail grants as authorized by section 24911 of title 49, United States Code, $555,000,000, to remain available until expended: Provided Northeast Corridor Grants to the National Railroad Passenger Corporation Provided further National Network Grants to the National Railroad Passenger Corporation Provided further CONSOLIDATED RAIL INFRASTRUCTURE AND SAFETY IMPROVEMENTS For necessary expenses related to Consolidated Rail Infrastructure and Safety Improvements grants, as authorized by section 22907 of title 49, United States Code, $630,000,000, to remain available until expended: Provided (1) not less than $150,000,000 shall be for projects eligible under section 22907(c)(2) of title 49, United States Code, that support the development of new intercity passenger rail service routes including alignments for existing routes; (2) not less than $25,000,000 shall be for projects eligible under section 22907(c)(11) of title 49, United States Code: Provided (3) $5,000,000 shall be for preconstruction planning activities and capital costs related to the deployment of magnetic levitation transportation projects: Provided further Provided further Provided further Provided further Provided further NORTHEAST CORRIDOR GRANTS TO THE NATIONAL RAILROAD PASSENGER CORPORATION To enable the Secretary of Transportation to make grants to the National Railroad Passenger Corporation for activities associated with the Northeast Corridor as authorized by section 22101(a) of the Infrastructure Investment and Jobs Act ( Public Law 117–58 Provided National Network Grants to the National Railroad Passenger Corporation Public Law 117–58 Provided further Public Law 117–58 Provided further NATIONAL NETWORK GRANTS TO THE NATIONAL RAILROAD PASSENGER CORPORATION To enable the Secretary of Transportation to make grants to the National Railroad Passenger Corporation for activities associated with the National Network as authorized by section 22101(b) of the Infrastructure Investment and Jobs Act ( Public Law 117–58 Provided Provided further Provided further ADMINISTRATIVE PROVISIONS—FEDERAL RAILROAD ADMINISTRATION (INCLUDING RESCISSION) (INCLUDING TRANSFER OF FUNDS) 150. None of the funds made available by this Act may be used by the National Railroad Passenger Corporation in contravention of the Worker Adjustment and Retraining Notification Act ( 29 U.S.C. 2101 et seq. 151. Amounts made available in this and prior Acts to the Secretary or to the Federal Railroad Administration for the costs of award, administration, and project management oversight of financial assistance which are administered by the Federal Railroad Administration may be transferred to the Federal Railroad Administration’s Financial Assistance Oversight and Technical Assistance Provided 152. Amounts made available under the heading Department of Transportation—Federal Railroad Administration—Restoration and Enhancement Public Law 117–58 Provided 153. Amounts transferred to a Financial Assistance Oversight and Technical Assistance Public Law 117–58 Department of Transportation—Federal Railroad Administration—Northeast Corridor Grants to the National Railroad Passenger Corporation Department of Transportation—Federal Railroad Administration—National Network Grants to the National Railroad Passenger Corporation Department of Transportation—Federal Railroad Administration—Federal-State Partnership for Intercity Passenger Rail Grants Provided Provided further 154. The matter under the heading Department of Transportation—Federal Railroad Administration—Northeast Corridor Grants to the National Railroad Passenger Corporation Public Law 117–58 (1) in the fourth proviso, by striking Secretary of Transportation shall submit Secretary of Transportation, in consultation with Amtrak, shall submit (2) in the fifth proviso, by striking Secretary of Transportation shall submit Secretary of Transportation, in consultation with Amtrak, shall prepare and submit (3) in the tenth proviso, by striking , to facilitate a coordinated and efficient delivery of projects carried out under this heading in this Act Provided 155. The matter under the heading Department of Transportation—Federal Railroad Administration—National Network Grants to the National Railroad Passenger Corporation Public Law 117–58 (1) in the third proviso, by striking Secretary of Transportation shall submit Secretary of Transportation, in consultation with Amtrak, shall submit (2) in the fourth proviso, by striking Secretary of Transportation shall submit Secretary of Transportation, in consultation with Amtrak, shall prepare and submit Provided 156. Section 802 of title VIII of division J of Public Law 117–58 (1) in the first proviso, by inserting that could be amounts (2) in the second proviso, by inserting that could be amounts Provided 157. Of the unobligated balances of funds remaining from the Rail Line Relocation and Improvement Program Public Law 112–10 Federal transit administration TRANSIT FORMULA GRANTS (LIQUIDATION OF CONTRACT AUTHORIZATION) (LIMITATION ON OBLIGATIONS) (HIGHWAY TRUST FUND) For payment of obligations incurred in the Federal Public Transportation Assistance Program in this account, and for payment of obligations incurred in carrying out the provisions of sections 5305, 5307, 5310, 5311, 5312, 5314, 5318, 5329(e)(6), 5334, 5335, 5337, 5339, and 5340 of title 49, United States Code, section 20005(b) of MAP-21 ( Public Law 112–141 Public Law 114–94 Provided Public Law 112–141 Public Law 114–94 TRANSIT INFRASTRUCTURE GRANTS For an additional amount for buses and bus facilities competitive grants under section 5339(b) of title 49, United States Code, low or no emission grants under section 5339(c) of such title, passenger ferry grants under section 5307(h) of such title, bus testing facilities under section 5318 of such title, Community Project Funding for projects and activities eligible under chapter 53 of such title, administrative expenses and ongoing program management oversight as authorized under sections 5334 and 5338(c)(2) of such title, ferry service for rural communities under section 71103 of the Infrastructure Investment and Jobs Act ( Public Law 117–58 Provided (1) $200,000,000 shall be for buses and bus facilities competitive grants as authorized under section 5339(b) of such title; (2) $75,000,000 shall be for low or no emission grants as authorized under section 5339(c) of such title: Provided (3) $20,000,000 shall be for passenger ferry grants as authorized under section 5307(h) of such title; (4) $2,000,000 shall be for the operation and maintenance of the bus testing facilities selected under section 5318 of such title: Provided (5) $267,428,324 shall be for Community Project Funding for the purposes, and in the amounts, specified for this account in the table titled Transportation, Housing and Urban Development Incorporation of Community Project Funding Items Provided chapter 53 chapter 53 (6) $2,000,000 shall be for administrative expenses and ongoing program management oversight as authorized under sections 5334 and 5338(c)(2) of title 49, United States Code, including for administering amounts made available for Community Project Funding in paragraph (5) under this heading in this Act, and shall be in addition to any other appropriations available for such purpose; (7) $30,000,000 shall be for ferry service for rural communities under section 71103 of the Infrastructure Investment and Jobs Act ( Public Law 117–58 Provided Provided further Provided further (8) $50,000,000 shall be for integrated smart mobility grants to recipients eligible under sections 5307 and 5311 of title 49, United States Code, for planning and capital projects eligible under chapter 53 of such title that support the adoption of innovative approaches to mobility that will improve safety, accessibility, air-quality, and equity in access to community services and economic opportunities: Provided Provided further Provided further Provided further Provided further Provided further Provided further Provided further Provided further Provided further chapter 53 Provided further Provided further TECHNICAL ASSISTANCE AND TRAINING For necessary expenses to carry out section 5314 of title 49, United States Code, $8,000,000, to remain available until September 30, 2024: Provided Provided further Provided further CAPITAL INVESTMENT GRANTS For necessary expenses to carry out fixed guideway capital investment grants under section 5309 of title 49, United States Code, and section 3005(b) of the Fixing America's Surface Transportation Act ( Public Law 114–94 Provided Public Law 114–94 Provided further Public Law 114–94 Provided further Public Law 114–94 Provided further Public Law 114–94 Provided further GRANTS TO THE WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY For grants to the Washington Metropolitan Area Transit Authority as authorized under section 601 of division B of the Passenger Rail Investment and Improvement Act of 2008 ( Public Law 110–432 Provided Provided further ADMINISTRATIVE PROVISIONS—FEDERAL TRANSIT ADMINISTRATION 160. The limitations on obligations for the programs of the Federal Transit Administration shall not apply to any authority under section 5338 of title 49, United States Code, previously made available for obligation, or to any other authority previously made available for obligation. 161. Notwithstanding any other provision of law, funds appropriated or limited by this Act under the heading Capital Investment Grants 162. Notwithstanding any other provision of law, any funds appropriated before October 1, 2022, under any section of chapter 53 163. None of the funds made available by this Act or any other Act shall be used to adjust apportionments or withhold funds from apportionments pursuant to section 9503(e)(4) 26 U.S.C. 9503(e)(4) 164. None of the funds made available by this Act or any other Act shall be used to impede or hinder project advancement or approval for any project seeking a Federal contribution from the capital investment grants program of greater than 40 percent of project costs as authorized under section 5309 of title 49, United States Code. 165. Of the amounts made available under the heading Department of Transportation—Federal Transit Administration—Capital Investment Grants Provided Provided further Provided further Provided further Provided further Public Law 117–2 Public Law 116–136 Public Law 116–260 Public Law 117–2 Provided further Provided further 166. The remaining unobligated balances, as of September 30, 2023, from amounts made available to the Department of Transportation under the heading Federal Transit Administration—Capital Investment Grants Public Law 116–94 Public Law 116–94 167. Notwithstanding section 5302(4)(L) of title 49, United States Code, fuel for vehicle operations, including the cost of utilities used for the propulsion of electrically driven vehicles, may be treated, at the option of the recipient, as an associated capital maintenance item for purposes of grants made under sections 5307 and 5311 of such title in fiscal year 2023: Provided Great lakes st. lawrence seaway development corporation The Great Lakes St. Lawrence Seaway Development Corporation is hereby authorized to make such expenditures, within the limits of funds and borrowing authority available to the Corporation, and in accord with law, and to make such contracts and commitments without regard to fiscal year limitations, as provided by section 9104 of title 31, United States Code, as may be necessary in carrying out the programs set forth in the Corporation’s budget for the current fiscal year. OPERATIONS AND MAINTENANCE (HARBOR MAINTENANCE TRUST FUND) For necessary expenses to conduct the operations, maintenance, and capital infrastructure activities on portions of the St. Lawrence Seaway owned, operated, and maintained by the Great Lakes St. Lawrence Seaway Development Corporation, $41,500,000, to be derived from the Harbor Maintenance Trust Fund, pursuant to section 210 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2238 Provided Provided further Saint Lawrence Seaway Development Corporation—Operations and Maintenance Maritime administration MARITIME SECURITY PROGRAM For necessary expenses to maintain and preserve a U.S.-flag merchant fleet as authorized under chapter 531 CABLE SECURITY FLEET For the cable security fleet program, as authorized under chapter 532 TANKER SECURITY PROGRAM For the tanker security fleet program, as authorized under chapter 534 OPERATIONS AND TRAINING For necessary expenses of operations and training activities authorized by law, $192,000,000: Provided (1) $87,848,000, to remain available until September 30, 2024, shall be for the operations of the United States Merchant Marine Academy; (2) $11,900,000, to remain available until expended, shall be for facilities maintenance and repair, and equipment, at the United States Merchant Marine Academy; (3) $6,000,000, to remain available until September 30, 2024 shall be for the Maritime Environmental and Technical Assistance program authorized under section 50307 of title 46, United States Code; and (4) $14,819,000, to remain available until expended, shall be for the America’s Marine Highway Program to make grants for the purposes authorized under paragraphs (1) and (3) of section 55601(b) of title 46, United States Code: Provided further 46 U.S.C. 51318 Provided further STATE MARITIME ACADEMY OPERATIONS For necessary expenses of operations, support, and training activities for State Maritime Academies, $77,700,000: Provided (1) $30,500,000, to remain available until expended, shall be for maintenance, repair, life extension, insurance, and capacity improvement of National Defense Reserve Fleet training ships, and for support of training ship operations at the State Maritime Academies, of which not more than $8,000,000, to remain available until expended, shall be for expenses related to training mariners; and for costs associated with training vessel sharing pursuant to section 51504(g)(3) of title 46, United States Code, for costs associated with mobilizing, operating and demobilizing the vessel, including travel costs for students, faculty and crew, the costs of the general agent, crew costs, fuel, insurance, operational fees, and vessel hire costs, as determined by the Secretary; (2) $35,000,000, to remain available until expended, shall be for the National Security Multi-Mission Vessel Program, including funds for construction, planning, administration, design of school ships, and necessary expenses to construct infrastructure to berth such ships; (3) $2,400,000, to remain available until September 30, 2027, shall be for the Student Incentive Program; (4) $3,800,000, to remain available until expended, shall be for training ship fuel assistance; and (5) $6,000,000, to remain available until September 30, 2024, shall be for direct payments for State Maritime Academies. ASSISTANCE TO SMALL SHIPYARDS To make grants to qualified shipyards as authorized under section 54101 of title 46, United States Code, $20,000,000, to remain available until expended. SHIP DISPOSAL For necessary expenses related to the disposal of obsolete vessels in the National Defense Reserve Fleet of the Maritime Administration, $6,000,000, to remain available until expended. MARITIME GUARANTEED LOAN (TITLE XI) PROGRAM ACCOUNT (INCLUDING TRANSFER OF FUNDS) For administrative expenses to carry out the guaranteed loan program, $3,000,000, which shall be transferred to and merged with the appropriations for Maritime Administration—Operations and Training PORT INFRASTRUCTURE DEVELOPMENT PROGRAM To make grants to improve port facilities as authorized under section 54301 of title 46, United States Code, $300,000,000, to remain available until expended: Provided Provided further Provided further Provided further fully automated cargo handling equipment Provided further Provided further chapter 6 chapter 224 ADMINISTRATIVE PROVISION—MARITIME ADMINISTRATION 170. Notwithstanding any other provision of this Act, in addition to any existing authority, the Maritime Administration is authorized to furnish utilities and services and make necessary repairs in connection with any lease, contract, or occupancy involving Government property under control of the Maritime Administration: Provided Provided further Pipeline and hazardous materials safety administration OPERATIONAL EXPENSES For necessary operational expenses of the Pipeline and Hazardous Materials Safety Administration, $30,150,000, of which $4,500,000 shall remain available until September 30, 2025. HAZARDOUS MATERIALS SAFETY For expenses necessary to discharge the hazardous materials safety functions of the Pipeline and Hazardous Materials Safety Administration, $70,710,500, to remain available until September 30, 2025, of which $1,000,000 shall be made available for carrying out section 5107(i) of title 49, United States Code: Provided Provided further PIPELINE SAFETY (PIPELINE SAFETY FUND) (OIL SPILL LIABILITY TRUST FUND) For expenses necessary to carry out a pipeline safety program, as authorized by section 60107 of title 49, United States Code, and to discharge the pipeline program responsibilities of the Oil Pollution Act of 1990 ( Public Law 101–380 Provided Provided further OTAs Provided further Public Law 116–260 Provided further EMERGENCY PREPAREDNESS GRANTS (LIMITATION ON OBLIGATIONS) (EMERGENCY PREPAREDNESS FUND) For expenses necessary to carry out the Emergency Preparedness Grants program, not more than $28,318,000 shall remain available until September 30, 2025, from amounts made available by section 5116(h) and subsections (b) and (c) of section 5128 of title 49, United States Code: Provided Provided further Provided further Office of inspector general SALARIES AND EXPENSES For necessary expenses of the Office of Inspector General to carry out the provisions of the Inspector General Act of 1978, as amended, $108,073,000: Provided 18 U.S.C. 1001 General provisions—Department of transportation 180. (a) During the current fiscal year, applicable appropriations to the Department of Transportation shall be available for maintenance and operation of aircraft; hire of passenger motor vehicles and aircraft; purchase of liability insurance for motor vehicles operating in foreign countries on official department business; and uniforms or allowances therefor, as authorized by sections 5901 and 5902 of title 5, United States Code. (b) During the current fiscal year, applicable appropriations to the Department and its operating administrations shall be available for the purchase, maintenance, operation, and deployment of unmanned aircraft systems that advance the missions of the Department of Transportation or an operating administration of the Department of Transportation. (c) Any unmanned aircraft system purchased, procured, or contracted for by the Department prior to the date of enactment of this Act shall be deemed authorized by Congress as if this provision was in effect when the system was purchased, procured, or contracted for. 181. Appropriations contained in this Act for the Department of Transportation shall be available for services as authorized by section 3109 of title 5, United States Code, but at rates for individuals not to exceed the per diem rate equivalent to the rate for an Executive Level IV. 182. (a) No recipient of amounts made available by this Act shall disseminate personal information (as defined in section 2725(3) of title 18, United States Code) obtained by a State department of motor vehicles in connection with a motor vehicle record as defined in section 2725(1) of title 18, United States Code, except as provided in section 2721 of title 18, United States Code, for a use permitted under section 2721 of title 18, United States Code. (b) Notwithstanding subsection (a), the Secretary shall not withhold amounts made available by this Act for any grantee if a State is in noncompliance with this provision. 183. None of the funds made available by this Act shall be available for salaries and expenses of more than 125 political and Presidential appointees in the Department of Transportation: Provided 184. Funds received by the Federal Highway Administration and Federal Railroad Administration from States, counties, municipalities, other public authorities, and private sources for expenses incurred for training may be credited respectively to the Federal Highway Administration's Federal-Aid Highways Safety and Operations 185. None of the funds made available by this Act or in title VIII of division J of the Infrastructure Investment and Jobs Act ( Public Law 117–58 Provided Provided further quick release Provided further 186. Rebates, refunds, incentive payments, minor fees, and other funds received by the Department of Transportation from travel management centers, charge card programs, the subleasing of building space, and miscellaneous sources are to be credited to appropriations of the Department of Transportation and allocated to organizational units of the Department of Transportation using fair and equitable criteria and such funds shall be available until expended. 187. Notwithstanding any other provision of law, if any funds provided by or limited by this Act are subject to a reprogramming action that requires notice to be provided to the House and Senate Committees on Appropriations, transmission of such reprogramming notice shall be provided solely to the House and Senate Committees on Appropriations, and such reprogramming action shall be approved or denied solely by the House and Senate Committees on Appropriations: Provided 188. Funds appropriated by this Act to the operating administrations may be obligated for the Office of the Secretary for the costs related to assessments or reimbursable agreements only when such amounts are for the costs of goods and services that are purchased to provide a direct benefit to the applicable operating administration or administrations. 189. The Secretary of Transportation is authorized to carry out a program that establishes uniform standards for developing and supporting agency transit pass and transit benefits authorized under section 7905 of title 5, United States Code, including distribution of transit benefits by various paper and electronic media. 190. The Department of Transportation may use funds provided by this Act, or any other Act, to assist a contract under title 49 or 23 of the United States Code utilizing geographic, economic, or any other hiring preference not otherwise authorized by law, or to amend a rule, regulation, policy or other measure that forbids a recipient of a Federal Highway Administration or Federal Transit Administration grant from imposing such hiring preference on a contract or construction project with which the Department of Transportation is assisting, only if the grant recipient certifies the following: (1) that except with respect to apprentices or trainees, a pool of readily available but unemployed individuals possessing the knowledge, skill, and ability to perform the work that the contract requires resides in the jurisdiction; (2) that the grant recipient will include appropriate provisions in its bid document ensuring that the contractor does not displace any of its existing employees in order to satisfy such hiring preference; and (3) that any increase in the cost of labor, training, or delays resulting from the use of such hiring preference does not delay or displace any transportation project in the applicable Statewide Transportation Improvement Program or Transportation Improvement Program. 191. The Secretary of Transportation shall coordinate with the Secretary of Homeland Security to ensure that best practices for Industrial Control Systems Procurement are up-to-date and shall ensure that systems procured with funds provided under this title were procured using such practices. This title may be cited as the Department of Transportation Appropriations Act, 2023 II DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Management and administration EXECUTIVE OFFICES For necessary salaries and expenses for Executive Offices, which shall be comprised of the offices of the Secretary, Deputy Secretary, Adjudicatory Services, Congressional and Intergovernmental Relations, Public Affairs, Small and Disadvantaged Business Utilization, and the Center for Faith-Based and Neighborhood Partnerships, $18,000,000, to remain available until September 30, 2024: Provided the Secretary ADMINISTRATIVE SUPPORT OFFICES For necessary salaries and expenses for Administrative Support Offices, $690,900,000, to remain available until September 30, 2024: Provided (1) $97,000,000 shall be available for the Office of the Chief Financial Officer; (2) $126,100,000 shall be available for the Office of the General Counsel, of which not less than $18,500,000 shall be for the Departmental Enforcement Center; (3) $239,566,000 shall be available for the Office of Administration, of which not less than $3,500,000 may be for modernization and deferred maintenance of the Weaver Building; (4) $54,776,000 shall be available for the Office of the Chief Human Capital Officer; (5) $32,058,000 shall be available for the Office of the Chief Procurement Officer; (6) $66,200,000 shall be available for the Office of Field Policy and Management; (7) $5,000,000 shall be available for the Office of Departmental Equal Employment Opportunity; and (8) $70,200,000 shall be available for the Office of the Chief Information Officer: Provided further Provided further Provided further Provided further PROGRAM OFFICES For necessary salaries and expenses for Program Offices, $1,091,200,000, to remain available until September 30, 2024: Provided (1) $285,900,000 shall be available for the Office of Public and Indian Housing; (2) $158,100,000 shall be available for the Office of Community Planning and Development; (3) $488,500,000 shall be available for the Office of Housing, of which not less than $13,000,000 shall be for the Office of Recapitalization; (4) $41,600,000 shall be available for the Office of Policy Development and Research; (5) $105,800,000 shall be available for the Office of Fair Housing and Equal Opportunity; and (6) $11,300,000 shall be available for the Office of Lead Hazard Control and Healthy Homes. WORKING CAPITAL FUND (INCLUDING TRANSFER OF FUNDS) For the working capital fund for the Department of Housing and Urban Development (referred to in this paragraph as the Fund 42 U.S.C. 3535(f) Provided Provided further Executive Offices Administrative Support Offices Program Offices Government National Mortgage Association Provided further Public and indian housing TENANT-BASED RENTAL ASSISTANCE For activities and assistance for the provision of tenant-based rental assistance authorized under the United States Housing Act of 1937, as amended ( 42 U.S.C. 1437 et seq. the Act Provided (1) $26,184,000,000 shall be available for renewals of expiring section 8 tenant-based annual contributions contracts (including renewals of enhanced vouchers under any provision of law authorizing such assistance under section 8(t) of the Act) and including renewal of other special purpose incremental vouchers: Provided Provided further Provided further Provided further Self-Sufficiency Programs Provided further Self-Sufficiency Programs Provided further Provided further Provided further Provided further Provided further Provided further Provided further Provided further Public Law 114–113 42 U.S.C. 5170 et seq. (2) $230,000,000 shall be for section 8 rental assistance for relocation and replacement of housing units that are demolished or disposed of pursuant to section 18 of the Act, conversion of section 23 projects to assistance under section 8, the family unification program under section 8(x) of the Act, relocation of witnesses (including victims of violent crimes) in connection with efforts to combat crime in public and assisted housing pursuant to a request from a law enforcement or prosecution agency, enhanced vouchers under any provision of law authorizing such assistance under section 8(t) of the Act, Choice Neighborhood vouchers, mandatory and voluntary conversions, and tenant protection assistance including replacement and relocation assistance or for project-based assistance to prevent the displacement of unassisted elderly tenants currently residing in section 202 properties financed between 1959 and 1974 that are refinanced pursuant to Public Law 106–569 Provided Public Law 101–625 Public Law 100–242 Provided further Provided further Provided further Provided further Project-Based Rental Assistance Provided further Provided further Provided further 42 U.S.C. 1437f(t) Provided further Provided further Provided further (3) $2,756,932,000 shall be for administrative and other expenses of public housing agencies in administering the section 8 tenant-based rental assistance program, of which up to $10,000,000 shall be available to the Secretary to allocate to public housing agencies that need additional funds to administer their section 8 programs, including fees associated with section 8 tenant protection rental assistance, the administration of disaster related vouchers, HUD–VASH vouchers, and other special purpose incremental vouchers: Provided Public Law 105–276 Provided further Provided further Provided further (4) $667,000,000 for the renewal of tenant-based assistance contracts under section 811 of the Cranston-Gonzalez National Affordable Housing Act ( 42 U.S.C. 8013 Provided Provided further Provided further Provided further Provided further Provided further Provided further Provided further (5) Of the amounts provided under paragraph (1) up to $5,000,000 shall be for rental assistance and associated administrative fees for Tribal HUD–VASH to serve Native American veterans that are homeless or at-risk of homelessness living on or near a reservation or other Indian areas: Provided Provided further Provided further Provided further Provided further Provided further (6) $50,000,000 for incremental rental voucher assistance for use through a supported housing program administered in conjunction with the Department of Veterans Affairs as authorized under section 8(o)(19) of the United States Housing Act of 1937: Provided Provided further Provided further Provided further (7) $30,000,000 shall be made available for the family unification program as authorized under section 8(x) of the Act: Provided (A) $5,000,000 shall be for new incremental voucher assistance: Provided (B) $25,000,000 shall be for new incremental voucher assistance to assist eligible youth as defined by such section 8(x)(2)(B): Provided Provided further Provided further Provided further (8) $1,100,000,000 shall be made available for new incremental voucher assistance under section 8(o) of the United States Housing Act of 1937 to be allocated pursuant to a method, as determined by the Secretary, which may include a formula that may include such factors as severe cost burden, overcrowding, substandard housing for very low-income renters, homelessness, and administrative capacity, where such allocation method shall include both rural and urban areas: Provided 42 U.S.C. 11302(a) 42 U.S.C. 11360(1) (9) $25,000,000 shall be for mobility-related services, as defined by the Secretary, for voucher families with children modeled after services provided in connection with the mobility demonstration authorized under section 235 of division G of the Consolidated Appropriations Act, 2019 ( 42 U.S.C. 1437f Public Law 116–6 Provided Provided further (10) the Secretary shall separately track all special purpose vouchers funded under this heading: Provided HOUSING CERTIFICATE FUND (INCLUDING RESCISSIONS) Unobligated balances, including recaptures and carryover, remaining from funds appropriated to the Department of Housing and Urban Development under this heading, the heading Annual Contributions for Assisted Housing Project-Based Rental Assistance Provided Provided further PUBLIC HOUSING FUND For 2023 payments to public housing agencies for the operation and management of public housing, as authorized by section 9(e) of the United States Housing Act of 1937 ( 42 U.S.C. 1437g(e) Act 42 U.S.C. 1437g(d) Provided (1) $5,038,500,000 shall be available to the Secretary to allocate pursuant to the Operating Fund formula at part 990 of title 24, Code of Federal Regulations, for 2023 payments: Provided Self-Sufficiency Programs (2) $25,000,000 shall be available to the Secretary to allocate pursuant to a need-based application process notwithstanding section 203 of this title and not subject to such Operating Fund formula to public housing agencies that experience, or are at risk of, financial shortfalls, as determined by the Secretary: Provided (3) $3,400,000,000 shall be available to the Secretary to allocate pursuant to the Capital Fund formula at section 905.400 of title 24, Code of Federal Regulations: Provided Provided further Provided further Provided further Provided further (4) $65,000,000 shall be available for the Secretary to make grants, notwithstanding section 203 of this title, to public housing agencies for emergency capital needs, including safety and security measures necessary to address crime and drug-related activity, as well as needs resulting from unforeseen or unpreventable emergencies and natural disasters excluding Presidentially declared emergencies and natural disasters under the Robert T. Stafford Disaster Relief and Emergency Act ( 42 U.S.C. 5121 et seq. Provided Provided further (5) $65,000,000 shall be for competitive grants to public housing agencies to evaluate and reduce residential health hazards in public housing, including lead-based paint (by carrying out the activities of risk assessments, abatement, and interim controls, as those terms are defined in section 1004 of the Residential Lead-Based Paint Hazard Reduction Act of 1992 ( 42 U.S.C. 4851b Provided Provided further 42 U.S.C. 1437 et seq. 42 U.S.C. 1437x Provided further Public Law 116–260 Provided further (6) $15,000,000 shall be to support the costs of administrative and judicial receiverships and for competitive grants to PHAs in receivership, designated troubled or substandard, or otherwise at risk, as determined by the Secretary, for costs associated with public housing asset improvement, in addition to other amounts for that purpose provided under any heading under this title; (7) $50,000,000 shall be to support ongoing public housing financial and physical assessment activities; (8) $75,000,000 shall be available to improve the energy or water efficiency or climate resilience of public housing, including for competitive grants to public housing agencies for capital improvements to achieve such purposes: Provided Provided further 42 U.S.C. 1437 et seq. 42 U.S.C. 1437x Provided further Provided further obligate CHOICE NEIGHBORHOODS INITIATIVE For competitive grants under the Choice Neighborhoods Initiative (subject to section 24 of the United States Housing Act of 1937 ( 42 U.S.C. 1437v Provided Provided further Provided further Provided further Provided further Provided further Provided further Provided further Provided further 42 U.S.C. 1437x Provided further Provided further Provided further Provided further Provided further Revitalization of Severely Distressed Public Housing (HOPE VI) Provided further Provided further 42 U.S.C. 1437v(o) SELF-SUFFICIENCY PROGRAMS For activities and assistance related to Self-Sufficiency Programs, to remain available until September 30, 2026, $175,000,000: Provided (1) $125,000,000 shall be for the Family Self-Sufficiency program to support family self-sufficiency coordinators under section 23 of the United States Housing Act of 1937 ( 42 U.S.C. 1437u Provided Provided further Streamlining and Implementation of Economic Growth, Regulatory Relief, and Consumer Protection Act Changes to Family Self-Sufficiency (FSS) Program Provided further Provided further (2) $35,000,000 shall be for the Resident Opportunity and Self-Sufficiency program to provide for supportive services, service coordinators, and congregate services as authorized by section 34 of the United States Housing Act of 1937 ( 42 U.S.C. 1437z–6 25 U.S.C. 4101 et seq. Provided 42 U.S.C. 1437f Rental Assistance Demonstration Public Law 112–55 42 U.S.C. 1437f (3) $15,000,000 shall be for a Jobs-Plus initiative, modeled after the Jobs-Plus demonstration: Provided 29 U.S.C. 3122 Provided further Provided further 42 U.S.C. 1437a Provided further Provided further NATIVE AMERICAN PROGRAMS For activities and assistance authorized under title I of the Native American Housing Assistance and Self-Determination Act of 1996 (in this heading NAHASDA 25 U.S.C. 4111 et seq. 42 U.S.C. 5301 et seq. Provided (1) $772,000,000 shall be for the Native American Housing Block Grants program, as authorized under title I of NAHASDA: Provided Provided further (2) $150,000,000 shall be for competitive grants under the Native American Housing Block Grants program, as authorized under title I of NAHASDA: Provided Provided further Provided further Provided further (3) $1,000,000 shall be for the cost of guaranteed notes and other obligations, as authorized by title VI of NAHASDA: Provided 2 U.S.C. 661a Provided further (4) $70,000,000 shall be for grants to Indian tribes for carrying out the Indian Community Development Block Grant program under title I of the Housing and Community Development Act of 1974, notwithstanding section 106(a)(1) of such Act, of which, notwithstanding any other provision of law (including section 203 of this Act), not more than $5,000,000 may be used for emergencies that constitute imminent threats to health and safety: Provided (5) $7,000,000, in addition to amounts otherwise available for such purposes, shall be for providing training and technical assistance to Indian tribes, Indian housing authorities, and tribally designated housing entities, to support the inspection of Indian housing units, for contract expertise, and for training and technical assistance related to amounts made available under this heading and other headings in this Act for the needs of Native American families and Indian country: Provided 25 U.S.C. 4212 Provided further Provided further chapter 63 25 U.S.C. 4116 25 U.S.C. 4152 25 U.S.C. 4167 INDIAN HOUSING LOAN GUARANTEE FUND PROGRAM ACCOUNT For the cost of guaranteed loans, as authorized by section 184 of the Housing and Community Development Act of 1992 ( 12 U.S.C. 1715z–13a Provided 2 U.S.C. 661a Provided further 12 U.S.C. 1715z–13a NATIVE HAWAIIAN HOUSING BLOCK GRANT For the Native Hawaiian Housing Block Grant program, as authorized under title VIII of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4221 et seq. Provided Provided further NATIVE HAWAIIAN HOUSING LOAN GUARANTEE FUND PROGRAM ACCOUNT New commitments to guarantee loans, as authorized by section 184A of the Housing and Community Development Act of 1992 ( 12 U.S.C. 1715z–13b Provided Community planning and development HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS For carrying out the Housing Opportunities for Persons with AIDS program, as authorized by the AIDS Housing Opportunity Act ( 42 U.S.C. 12901 et seq. Provided COMMUNITY DEVELOPMENT FUND For assistance to States and units of general local government, and other entities, for economic and community development activities, and other purposes, $5,299,157,664, to remain available until September 30, 2026, unless otherwise specified: Provided 42 U.S.C. 5301 et seq. the Act Provided further Provided further Provided further Provided further Public Law 115–271 Provided further Provided further Provided further Transportation, Housing and Urban Development Incorporation of Community Project Funding Items Provided further Provided further Provided further 42 U.S.C. 5305(a)(8) COMMUNITY DEVELOPMENT LOAN GUARANTEES PROGRAM ACCOUNT Subject to section 502 of the Congressional Budget Act of 1974 ( 2 U.S.C. 661a 42 U.S.C. 5308 Provided Provided further Provided further Provided further Provided further Provided further HOME INVESTMENT PARTNERSHIPS PROGRAM For the HOME Investment Partnerships program, as authorized under title II of the Cranston-Gonzalez National Affordable Housing Act, as amended ( 42 U.S.C. 12721 et seq. Provided 42 U.S.C. 12742(a)(1) Provided further 42 U.S.C. 12747 Provided further Provided further 24 U.S.C. 12771(b) 42 U.S.C. 12747(b)(1)(A) Provided further Provided further 42 U.S.C. 12748(g) Provided further 42 U.S.C. 12771(b) PRESERVATION AND REINVESTMENT INITIATIVE FOR COMMUNITY ENHANCEMENT For competitive grants to preserve and revitalize manufactured housing and eligible manufactured housing communities (including pre-1976 mobile homes) under title I of the Housing and Community Development Act of 1974, as amended ( 42 U.S.C. 5301 et seq. Provided Provided further Provided further Provided further Provided further Provided further (1) owned by the residents of the manufactured housing community through a resident-controlled entity, as defined by the Secretary; or (2) determined by the Secretary to be subject to binding agreements that will preserve the community and maintain affordability on a long-term basis: Provided further Provided further Provided further Provided further Provided further Provided further SELF-HELP AND ASSISTED HOMEOWNERSHIP OPPORTUNITY PROGRAM For the Self-Help and Assisted Homeownership Opportunity Program, as authorized under section 11 of the Housing Opportunity Program Extension Act of 1996 ( 42 U.S.C. 12805 Provided (1) $12,500,000 shall be for the Self-Help Homeownership Opportunity Program as authorized under such section 11; (2) $45,000,000 shall be for the second, third, and fourth capacity building entities specified in section 4(a) of the HUD Demonstration Act of 1993 ( 42 U.S.C. 9816 Provided (3) $5,000,000 shall be for capacity building by national rural housing organizations having experience assessing national rural conditions and providing financing, training, technical assistance, information, and research to local nonprofit organizations, local governments, and Indian Tribes serving high need rural communities. HOMELESS ASSISTANCE GRANTS For assistance under title IV of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11360 et seq. Provided (1) $290,000,000 shall be for the Emergency Solutions Grants program authorized under subtitle B of such title IV ( 42 U.S.C. 11371 et seq. Provided (2) $3,200,000,000 shall be for the Continuum of Care program authorized under subtitle C of such title IV ( 42 U.S.C. 11381 et seq. 42 U.S.C. 11408 Provided Provided further Provided further Provided further Provided further (3) $7,000,000 shall be for the national homeless data analysis project: Provided 31 U.S.C. 6301–6308 (4) $107,000,000 shall be to implement projects to demonstrate how a comprehensive approach to serving homeless youth, age 24 and under, in up to 25 communities with a priority for communities with substantial rural populations in up to eight locations, can dramatically reduce youth homelessness: Provided Provided further Provided further Provided further 42 U.S.C. 11302 Provided further Provided further Provided further Provided further Provided further Provided further Housing programs PROJECT-BASED RENTAL ASSISTANCE For activities and assistance for the provision of project-based subsidy contracts under the United States Housing Act of 1937 ( 42 U.S.C. 1437 et seq. the Act Provided 42 U.S.C. 11401 Provided further Self-Sufficiency Programs Provided further 42 U.S.C. 1437(f) Provided further 12 U.S.C. 1715z–1(a) 12 U.S.C. 1701s 12 U.S.C. 1715z–1(f)(2) 12 U.S.C. 1701q 42 U.S.C. 8013(d)(2) Public Law 86–372 Public Law 86–372 Provided further Annual Contributions for Assisted Housing Housing Certificate Fund Provided further Provided further Provided further Provided further Provided further Provided further Provided further HOUSING FOR THE ELDERLY For capital advances, including amendments to capital advance contracts, for housing for the elderly, as authorized by section 202 of the Housing Act of 1959 ( 12 U.S.C. 1701q 12 U.S.C. 1701q Provided Provided further Provided further Provided further Provided further Provided further Provided further Provided further 12 U.S.C. 1701q Provided further 12 U.S.C. 1701q Provided further HOUSING FOR PERSONS WITH DISABILITIES For capital advances, including amendments to capital advance contracts, for supportive housing for persons with disabilities, as authorized by section 811 of the Cranston-Gonzalez National Affordable Housing Act ( 42 U.S.C. 8013 Public Law 95–557 Provided Provided further Provided further Provided further HOUSING COUNSELING ASSISTANCE For contracts, grants, and other assistance excluding loans, as authorized under section 106 of the Housing and Urban Development Act of 1968, as amended, $70,000,000, to remain available until September 30, 2024, including up to $4,500,000 for administrative contract services: Provided Provided further PAYMENT TO MANUFACTURED HOUSING FEES TRUST FUND For necessary expenses as authorized by the National Manufactured Housing Construction and Safety Standards Act of 1974 ( 42 U.S.C. 5401 et seq. 42 U.S.C. 5419(e) Provided Provided further Provided further Provided further Provided further Federal housing administration MUTUAL MORTGAGE INSURANCE PROGRAM ACCOUNT New commitments to guarantee single family loans insured under the Mutual Mortgage Insurance Fund shall not exceed $400,000,000,000, to remain available until September 30, 2024: Provided Provided further Provided further Provided further 12 U.S.C. 1715z–20(g) GENERAL AND SPECIAL RISK PROGRAM ACCOUNT New commitments to guarantee loans insured under the General and Special Risk Insurance Funds, as authorized by sections 238 and 519 of the National Housing Act (12 U.S.C. 1715z–3 and 1735c), shall not exceed $35,000,000,000 in total loan principal, any part of which is to be guaranteed, to remain available until September 30, 2024: Provided Government national mortgage association GUARANTEES OF MORTGAGE–BACKED SECURITIES LOAN GUARANTEE PROGRAM ACCOUNT New commitments to issue guarantees to carry out the purposes of section 306 of the National Housing Act, as amended ( 12 U.S.C. 1721(g) Provided Provided further Provided further 12 U.S.C. 1716 et seq. Policy development and research RESEARCH AND TECHNOLOGY For contracts, grants, and necessary expenses of programs of research and studies relating to housing and urban problems, not otherwise provided for, as authorized by title V of the Housing and Urban Development Act of 1970 ( 12 U.S.C. 1701z–1 et seq. Provided Provided further Provided further Public Law 109–282 42 U.S.C. 3545(a)(4)(C) Provided further Provided further Provided further Provided further Provided further Fair housing and equal opportunity FAIR HOUSING ACTIVITIES For contracts, grants, and other assistance, not otherwise provided for, as authorized by title VIII of the Civil Rights Act of 1968 ( 42 U.S.C. 3601 et seq. 42 U.S.C. 3616a Provided Provided further Provided further Office of lead hazard control and healthy homes LEAD HAZARD REDUCTION (INCLUDING TRANSFER OF FUNDS) For the Lead Hazard Reduction Program, as authorized by section 1011 of the Residential Lead-Based Paint Hazard Reduction Act of 1992 ( 42 U.S.C. 4852 Provided (1) $290,000,000 shall be for the award of grants pursuant to such section 1011, of which not less than $95,000,000 shall be provided to areas with the highest lead-based paint abatement needs; (2) $85,000,000 shall be for the Healthy Homes Initiative, pursuant to sections 501 and 502 of the Housing and Urban Development Act of 1970, which shall include research, studies, testing, and demonstration efforts, including education and outreach concerning lead-based paint poisoning and other housing-related diseases and hazards, and mitigating housing-related health and safety hazards in housing of low-income families, of which— (A) $5,000,000 shall be for the implementation of projects in up to five communities that are served by both the Healthy Homes Initiative and the Department of Energy weatherization programs to demonstrate whether the coordination of Healthy Homes remediation activities with weatherization activities achieves cost savings and better outcomes in improving the safety and quality of homes; and (B) $10,000,000 shall be for grants to experienced non-profit organizations, States, local governments, or public housing agencies for safety and functional home modification repairs and renovations to meet the needs of low-income elderly homeowners to enable them to remain in their primary residence: Provided (3) $5,000,000 shall be for the award of grants and contracts for research pursuant to sections 1051 and 1052 of the Residential Lead-Based Paint Hazard Reduction Act of 1992 ( 42 U.S.C. 4854 (4) Up to $2,000,000 in total of the amounts made available under paragraphs (2) and (3) may be transferred to the heading Research and Technology (5) $30,000,000 shall be for a lead-risk assessment demonstration for public housing agencies to conduct lead hazard screenings or lead-risk assessments during housing quality standards inspections of units in which a family receiving assistance under section 8(o) of the U.S. Housing Act of 1937 ( 42 U.S.C. 1437f(o) (6) $5,000,000 shall be for grants for a radon testing and mitigation safety demonstration program (the radon demonstration) in public housing: Provided Provided further 42 U.S.C. 4321 et seq. Housing for the Elderly Provided further Provided further Information technology fund For Department-wide and program-specific information technology systems and infrastructure, $382,000,000, to remain available until September 30, 2025, of which up to $16,746,000 shall be for development, modernization, and enhancement projects, including planning for such projects: Provided (1) identifies for each development, modernization, and enhancement project to be funded from available balances, including carryover— (A) plain language summaries of the project scope; (B) the estimated total project cost; and (C) key milestones to be met; and (2) identifies for each major modernization project— (A) the functional and performance capabilities to be delivered and the mission benefits to be realized; (B) the estimated life-cycle cost; (C) key milestones to be met through the project end date, including any identified system decommissioning; (D) a description of the procurement strategy and governance structure for the project and the number of HUD staff and contractors supporting the project; and (E) certification from the Chief Information Officer that each project is compliant with the Department’s enterprise architecture, life-cycle management and capital planning and investment control requirements: Provided further (1) results and actual expenditures of the prior quarter; (2) any variances in cost, schedule (including procurement), or functionality from the previously approved project plan, reasons for such variances and estimated impact on total life-cycle costs; and (3) risks and mitigation strategies associated with ongoing work. Office of inspector general For necessary salaries and expenses of the Office of Inspector General in carrying out the Inspector General Act of 1978, as amended, $140,000,000: Provided General Provisions—Department of Housing and Urban Development (INCLUDING TRANSFER OF FUNDS) (INCLUDING RESCISSION) 201. Fifty percent of the amounts of budget authority, or in lieu thereof 50 percent of the cash amounts associated with such budget authority, that are recaptured from projects described in section 1012(a) of the Stewart B. McKinney Homeless Assistance Amendments Act of 1988 ( 42 U.S.C. 1437f 202. None of the funds made available by this Act may be used to investigate or prosecute under the Fair Housing Act any otherwise lawful activity engaged in by one or more persons, including the filing or maintaining of a nonfrivolous legal action, that is engaged in solely for the purpose of achieving or preventing action by a Government official or entity, or a court of competent jurisdiction. 203. Except as explicitly provided in law, any grant, cooperative agreement or other assistance made pursuant to title II of this Act shall be made on a competitive basis and in accordance with section 102 of the Department of Housing and Urban Development Reform Act of 1989 ( 42 U.S.C. 3545 204. Section 7 of the Department of Housing and Urban Development Act ( 42 U.S.C. 3535 (u) (1) Funds of the Department of Housing and Urban Development subject to the Government Corporation Control Act shall be available, without regard to the limitations on administrative expenses, for legal services on a contract or fee basis, and for utilizing and making payment for services and facilities of the Federal National Mortgage Association, Government National Mortgage Association, Federal Home Loan Mortgage Corporation, Federal Financing Bank, Federal Reserve banks or any member thereof, Federal Home Loan banks, and any insured bank within the meaning of the Federal Deposit Insurance Corporation Act, as amended ( 12 U.S.C. 1811–1 (2) Corporations and agencies of the Department of Housing and Urban Development which are subject to chapter 91 Provided . 205. Unless otherwise provided for in this Act or through a reprogramming of funds, no part of any appropriation for the Department of Housing and Urban Development shall be available for any program, project or activity in excess of amounts set forth in the budget estimates submitted to Congress. 206. The Secretary shall provide quarterly reports to the House and Senate Committees on Appropriations regarding all uncommitted, unobligated, recaptured, and excess funds in each program and activity within the jurisdiction of the Department and shall submit additional, updated budget information to these Committees upon request. 207. None of the funds made available by this title may be used for an audit of the Government National Mortgage Association that makes applicable requirements under the Federal Credit Reform Act of 1990 ( 2 U.S.C. 661 et seq. 208. (a) Notwithstanding any other provision of law, subject to the conditions listed under this section, for fiscal years 2023 and 2024, the Secretary of Housing and Urban Development may authorize the transfer of some or all project-based assistance, debt held or insured by the Secretary and statutorily required low-income and very low-income use restrictions if any, associated with one or more multifamily housing project or projects to another multifamily housing project or projects. (b) Phased transfers Transfers of project-based assistance under this section may be done in phases to accommodate the financing and other requirements related to rehabilitating or constructing the project or projects to which the assistance is transferred, to ensure that such project or projects meet the standards under subsection (c). (c) The transfer authorized in subsection (a) is subject to the following conditions: (1) Number and bedroom size of units (A) For occupied units in the transferring project: The number of low-income and very low-income units and the configuration (i.e., bedroom size) provided by the transferring project shall be no less than when transferred to the receiving project or projects and the net dollar amount of Federal assistance provided to the transferring project shall remain the same in the receiving project or projects. (B) For unoccupied units in the transferring project: The Secretary may authorize a reduction in the number of dwelling units in the receiving project or projects to allow for a reconfiguration of bedroom sizes to meet current market demands, as determined by the Secretary and provided there is no increase in the project-based assistance budget authority. (2) The transferring project shall, as determined by the Secretary, be either physically obsolete or economically nonviable, or be reasonably expected to become economically nonviable when complying with state or Federal requirements for community integration and reduced concentration of individuals with disabilities. (3) The receiving project or projects shall meet or exceed applicable physical standards established by the Secretary. (4) The owner or mortgagor of the transferring project shall notify and consult with the tenants residing in the transferring project and provide a certification of approval by all appropriate local governmental officials. (5) The tenants of the transferring project who remain eligible for assistance to be provided by the receiving project or projects shall not be required to vacate their units in the transferring project or projects until new units in the receiving project are available for occupancy. (6) The Secretary determines that this transfer is in the best interest of the tenants. (7) If either the transferring project or the receiving project or projects meets the condition specified in subsection (d)(2)(A), any lien on the receiving project resulting from additional financing obtained by the owner shall be subordinate to any FHA-insured mortgage lien transferred to, or placed on, such project by the Secretary, except that the Secretary may waive this requirement upon determination that such a waiver is necessary to facilitate the financing of acquisition, construction, and/or rehabilitation of the receiving project or projects. (8) If the transferring project meets the requirements of subsection (d)(2), the owner or mortgagor of the receiving project or projects shall execute and record either a continuation of the existing use agreement or a new use agreement for the project where, in either case, any use restrictions in such agreement are of no lesser duration than the existing use restrictions. (9) The transfer does not increase the cost (as defined in section 502 of the Congressional Budget Act of 1974 ( 2 U.S.C. 661a (d) For purposes of this section— (1) the terms low-income very low-income (2) the term multifamily housing project (A) housing that is subject to a mortgage insured under the National Housing Act; (B) housing that has project-based assistance attached to the structure including projects undergoing mark to market debt restructuring under the Multifamily Assisted Housing Reform and Affordability Housing Act; (C) housing that is assisted under section 202 of the Housing Act of 1959 ( 12 U.S.C. 1701q (D) housing that is assisted under section 202 of the Housing Act of 1959 ( 12 U.S.C. 1701q (E) housing that is assisted under section 811 of the Cranston-Gonzales National Affordable Housing Act ( 42 U.S.C. 8013 (F) housing or vacant land that is subject to a use agreement; (3) the term project-based assistance (A) assistance provided under section 8(b) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(b) (B) assistance for housing constructed or substantially rehabilitated pursuant to assistance provided under section 8(b)(2) of such Act (as such section existed immediately before October 1, 1983); (C) rent supplement payments under section 101 of the Housing and Urban Development Act of 1965 ( 12 U.S.C. 1701s (D) interest reduction payments under section 236 and/or additional assistance payments under section 236(f)(2) of the National Housing Act ( 12 U.S.C. 1715z–1 (E) assistance payments made under section 202(c)(2) of the Housing Act of 1959 ( 12 U.S.C. 1701q(c)(2) (F) assistance payments made under section 811(d)(2) of the Cranston-Gonzalez National Affordable Housing Act ( 42 U.S.C. 8013(d)(2) (4) the term receiving project or projects (5) the term transferring project (6) the term Secretary (e) Research report The Secretary shall conduct an evaluation of the transfer authority under this section, including the effect of such transfers on the operational efficiency, contract rents, physical and financial conditions, and long-term preservation of the affected properties. The Secretary shall publish by notice in the Federal Register the terms and conditions, including criteria for approval by the Department of Housing and Urban Development, of transfers pursuant to this section no later than 30 days before the effective date of such notice. 209. (a) No assistance shall be provided under section 8 of the United States Housing Act of 1937 ( 42 U.S.C. 1437f (1) is enrolled as a student at an institution of higher education (as defined under section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 (2) is under 24 years of age; (3) is not a veteran; (4) is unmarried; (5) does not have a dependent child; (6) is not a person with disabilities, as such term is defined in section 3(b)(3)(E) of the United States Housing Act of 1937 ( 42 U.S.C. 1437a(b)(3)(E) (7) is not a youth who left foster care at age 14 or older and is at risk of becoming homeless; and (8) is not otherwise individually eligible, or has parents who, individually or jointly, are not eligible, to receive assistance under section 8 of the United States Housing Act of 1937 ( 42 U.S.C. 1437f (b) For purposes of determining the eligibility of a person to receive assistance under section 8 of the United States Housing Act of 1937 ( 42 U.S.C. 1437f 20 U.S.C. 1001 et seq. 20 U.S.C. 1002 210. The funds made available for Native Alaskans under paragraph (1) under the heading Native American Programs 211. Notwithstanding any other provision of law, in fiscal year 2023, in managing and disposing of any multifamily property that is owned or has a mortgage held by the Secretary of Housing and Urban Development, and during the process of foreclosure on any property with a contract for rental assistance payments under section 8 of the United States Housing Act of 1937 ( 42 U.S.C. 1437f MAHRAA 42 U.S.C. 1437f 212. Public housing agencies that own and operate 400 or fewer public housing units may elect to be exempt from any asset management requirement imposed by the Secretary in connection with the operating fund rule: Provided 213. With respect to the use of amounts provided in this Act and in future Acts for the operation, capital improvement, and management of public housing as authorized by sections 9(d) and 9(e) of the United States Housing Act of 1937 ( 42 U.S.C. 1437g(d) 42 U.S.C. 1437g(g)(1) Provided 214. No official or employee of the Department of Housing and Urban Development shall be designated as an allotment holder unless the Office of the Chief Financial Officer has determined that such allotment holder has implemented an adequate system of funds control and has received training in funds control procedures and directives. The Chief Financial Officer shall ensure that there is a trained allotment holder for each HUD appropriation under the accounts Executive Offices Administrative Support Offices Program Offices Government National Mortgage Association—Guarantees of Mortgage-Backed Securities Loan Guarantee Program Account Office of Inspector General 215. The Secretary shall, for fiscal year 2023, notify the public through the Federal Register and other means, as determined appropriate, of the issuance of a notice of funding opportunity (NOFO) for any program or discretionary fund administered by the Secretary that is to be competitively awarded. Notwithstanding any other provision of law, for fiscal year 2023, the Secretary may make the NOFO available only on the Internet at the appropriate Government website or through other electronic media, as determined by the Secretary. 216. Payment of attorney fees in program-related litigation shall be paid from the individual program office and Office of General Counsel salaries and expenses appropriations. 217. The Secretary is authorized to transfer up to 10 percent or $5,000,000, whichever is less, of funds appropriated for any office under the headings Administrative Support Offices Program Offices Provided Provided further 218. (a) Any entity receiving housing assistance payments shall maintain decent, safe, and sanitary conditions, as determined by the Secretary, and comply with any standards under applicable State or local laws, rules, ordinances, or regulations relating to the physical condition of any property covered under a housing assistance payment contract. (b) The Secretary shall take action under subsection (c) when a multifamily housing project with a contract under section 8 of the United States Housing Act of 1937 ( 42 U.S.C. 1437f (1) receives a Uniform Physical Condition Standards (UPCS) score of 59 or less; or (2) fails to certify in writing to the Secretary within 3 days that all Exigent Health and Safety deficiencies identified by the inspector at the project have been corrected. Such requirements shall apply to insured and noninsured projects with assistance attached to the units under section 8 of the United States Housing Act of 1937 ( 42 U.S.C. 1437f 42 U.S.C. 1437f(o)(13) 42 U.S.C. 1437g (c) (1) Within 15 days of the issuance of the Real Estate Assessment Center ( REAC (2) At the end of the time period for correcting all deficiencies specified in the Notice of Default, if the owner fails to fully correct such deficiencies, the Secretary shall take one or more of the following actions, and provide additional notice of those actions to the owner and the parties specified above— (A) require immediate replacement of project management with a management agent approved by the Secretary; (B) impose civil money penalties, which shall be used solely for the purpose of supporting safe and sanitary conditions at applicable properties, as designated by the Secretary, with priority given to the tenants of the property affected by the penalty; (C) abate the section 8 contract, including partial abatement, as determined by the Secretary, until all deficiencies have been corrected; (D) pursue transfer of the project to an owner, approved by the Secretary under established procedures, who will be obligated to promptly make all required repairs and to accept renewal of the assistance contract if such renewal is offered; (E) transfer the existing section 8 contract to another project or projects and owner or owners; (F) pursue exclusionary sanctions, including suspensions or debarments from Federal programs; (G) seek judicial appointment of a receiver to manage the property and cure all project deficiencies or seek a judicial order of specific performance requiring the owner to cure all project deficiencies; (H) work with the owner, lender, or other related party to stabilize the property in an attempt to preserve the property through compliance, transfer of ownership, or an infusion of capital provided by a third-party that requires time to effectuate; or (I) take any other regulatory or contractual remedies available as deemed necessary and appropriate by the Secretary. (d) The Secretary shall take appropriate steps to ensure that project-based contracts remain in effect, subject to the exercise of contractual abatement remedies to assist relocation of tenants for major threats to health and safety after written notice to and informed consent of the affected tenants and use of other remedies set forth above. To the extent the Secretary determines, in consultation with the tenants and the local government, that the property is not feasible for continued rental assistance payments under such section 8 or other programs, based on consideration of— (1) the costs of rehabilitating and operating the property and all available Federal, State, and local resources, including rent adjustments under section 524 of the Multifamily Assisted Housing Reform and Affordability Act of 1997 ( MAHRAA (2) environmental conditions that cannot be remedied in a cost-effective fashion, the Secretary may contract for project-based rental assistance payments with an owner or owners of other existing housing properties, or provide other rental assistance. (e) The Secretary shall report semi-annually on all properties covered by this section that are assessed through the Real Estate Assessment Center and have UPCS physical inspection scores of less than 60 or have received an unsatisfactory management and occupancy review within the past 36 months. The report shall include— (1) identification of the property level enforcement actions being taken to address such conditions, including imposition of civil money penalties and termination of subsidies, and identification of properties that have such conditions multiple times; (2) identification of property level actions that the Department of Housing and Urban Development is taking to protect tenants of such identified properties; and (3) any administrative or legislative recommendations to further improve the living conditions at properties covered under a housing assistance payment contract. The first report shall be submitted to the Senate and House Committees on Appropriations not later than 30 days after the enactment of this Act, and the second report shall be submitted within 180 days of the transmittal of the first report. 219. None of the funds made available by this Act, or any other Act, for purposes authorized under section 8 (only with respect to the tenant-based rental assistance program) and section 9 of the United States Housing Act of 1937 ( 42 U.S.C. 1437 et seq. 220. None of the funds made available by this Act and provided to the Department of Housing and Urban Development may be used to make a grant award unless the Secretary notifies the House and Senate Committees on Appropriations not less than 3 full business days before any project, State, locality, housing authority, Tribe, nonprofit organization, or other entity selected to receive a grant award is announced by the Department or its offices: Provided 221. None of the funds made available in this Act shall be used by the Federal Housing Administration, the Government National Mortgage Association, or the Department of Housing and Urban Development to insure, securitize, or establish a Federal guarantee of any mortgage or mortgage backed security that refinances or otherwise replaces a mortgage that has been subject to eminent domain condemnation or seizure, by a State, municipality, or any other political subdivision of a State. 222. None of the funds made available by this Act may be used to terminate the status of a unit of general local government as a metropolitan city (as defined in section 102 of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5302 42 U.S.C. 5306 223. Amounts made available by this Act that are appropriated, allocated, advanced on a reimbursable basis, or transferred to the Office of Policy Development and Research of the Department of Housing and Urban Development and functions thereof, for research, evaluation, or statistical purposes, and that are unexpended at the time of completion of a contract, grant, or cooperative agreement, may be deobligated and shall immediately become available and may be reobligated in that fiscal year or the subsequent fiscal year for the research, evaluation, or statistical purposes for which the amounts are made available to that Office subject to reprogramming requirements in section 405 of this Act. 224. None of the funds provided in this Act or any other Act may be used for awards, including performance, special act, or spot, for any employee of the Department of Housing and Urban Development subject to administrative discipline (including suspension from work), in this fiscal year, but this prohibition shall not be effective prior to the effective date of any such administrative discipline or after any final decision over-turning such discipline. 225. With respect to grant amounts awarded under the heading Homeless Assistance Grants 226. (a) From amounts made available under this title under the heading Homeless Assistance Grants 42 U.S.C. 11381 et seq. (b) In order to be eligible to receive a transition grant, the funding recipient must have the consent of the continuum of care and meet standards determined by the Secretary. 227. The Promise Zone designations and Promise Zone Designation Agreements entered into pursuant to such designations, made by the Secretary in prior fiscal years, shall remain in effect in accordance with the terms and conditions of such agreements. 228. Any public housing agency designated as a Moving to Work agency pursuant to section 239 of division L of Public Law 114–113 42 U.S.C. 1437f Public Law 104–134 229. None of the amounts made available by this Act may be used to prohibit any public housing agency under receivership or the direction of a Federal monitor from applying for, receiving, or using funds made available under the heading Public Housing Fund 230. None of the funds made available by this title may be used to issue rules or guidance in contravention of section 1210 of Public Law 115–254 42 U.S.C. 5155 231. (a) Funds previously made available in the Consolidated Appropriations Act, 2016 ( Public Law 114–113 Choice Neighborhoods Initiative (b) Funds previously made available in the Consolidated Appropriations Act, 2017 ( Public Law 115–31 Choice Neighborhoods Initiative (c) Funds previously made available in the Consolidated Appropriations Act, 2018 ( Public Law 115–141 Choice Neighborhoods Initiative (d) Funds previously made available in the Consolidated Appropriations Act, 2019 ( Public Law 116–6 Choice Neighborhoods Initiative (e) Funds previously made available in the Further Consolidated Appropriations Act, 2020 ( Public Law 116–94 Choice Neighborhoods Initiative (f) Funds previously made available in the Consolidated Appropriations Act, 2021 ( Public Law 116–260 Choice Neighborhoods Initiative 232. For fiscal year 2023, if the Secretary determines or has determined, for any prior formula grant allocation administered by the Secretary under a program under the headings Public and Indian Housing Community Planning and Development Housing Programs Provided Provided further next applicable formula allocation cycle Provided further 233. (a) Amounts made available in paragraphs (1) and (2) under the heading Native American Programs Public Law 116–136 Public Law 117–2 (b) Amounts repurposed by this section that were previously designated by the Congress as an emergency requirement pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985 or a concurrent resolution on the budget are designated as an emergency requirement pursuant to section 4001(a)(1) of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022, and section 1(e) of H. Res. 1151 (117th Congress) as engrossed in the House of Representatives on June 8, 2022. 234. The Multifamily Assisted Housing Reform and Affordability Act of 1997 ( 42 U.S.C. 1437f (a) in section 515, by adding at the end the following new subsection: (d) Rent adjustments and subsequent renewals After the initial renewal of a section 8 contract pursuant to this section and notwithstanding any other provision of law or contract regarding the adjustment of rents or subsequent renewal of such contract for a project, including such a provision in section 514 or this section, in the case of a project subject to any restrictions imposed pursuant to sections 514 or this section, the Secretary may, not more than once every 10 years, adjust such rents or renew such contracts at rent levels that are equal to the lesser of budget-based rents or comparable market rents for the market area upon the request of an owner or purchaser who— (1) demonstrates that— (A) project income is insufficient to operate and maintain the project, and no rehabilitation is currently needed, as determined by the Secretary; or (B) the rent adjustment or renewal contract is necessary to support commercially reasonable financing (including any required debt service coverage and replacement reserve) for rehabilitation necessary to ensure the long-term sustainability of the project, as determined by the Secretary, and in the event the owner or purchaser fails to implement the rehabilitation as required by the Secretary, the Secretary may take such action against the owner or purchaser as allowed by law; and (2) agrees to— (A) extend the affordability and use restrictions required under 514(e)(6) for an additional twenty years; and (B) enter into a binding commitment to continue to renew such contract for and during such extended term, provided that after the affordability and use restrictions required under 514(e)(6) have been maintained for a term of 30 years: (i) an owner with a contract for which rent levels were set at the time of its initial renewal under section 514(g)(2) shall request that the Secretary renew such contract under section 524 for and during such extended term; and (ii) an owner with a contract for which rent levels were set at the time of its initial renewal under section 514(g)(1) may request that the Secretary renew such contract under section 524. ; (b) in section 524, by adding at the end the following new subsection: (h) Rent adjustments to address distress In the case of a section 8 contract that will be eligible for renewal under this section when it expires or terminates, notwithstanding any provision of contract or law regarding the adjustment of rents, including such a provision in this section, the Secretary may adjust such rents, subject to the availability of funds for such rent adjustments, to rent levels that are equal to the lesser of budget-based rents or comparable market rents for the market area at the request of an owner or purchaser who demonstrates that such rent adjustment is needed to address project health and safety deficiencies and that— (1) project income is insufficient to operate and maintain the project, and no rehabilitation is currently needed, as determined by the Secretary; or (2) the rent adjustment is necessary to support commercially reasonable financing (including any required debt service coverage and replacement reserve) for rehabilitation necessary to ensure the long-term sustainability of the project, as determined by the Secretary, and in the event the owner or purchaser fails to implement the rehabilitation as required by the Secretary, the Secretary may take such action against the owner or purchaser as allowed by law. ; and (c) in section 579, by striking October 1, 2022 October 1, 2027 235. Of the amounts made available under the heading Project-Based Rental Assistance 12 U.S.C. 1715z–1 236. (a) Funds previously made available in chapter 9 of title X of the Disaster Relief Appropriations Act, 2013 ( Public Law 113–2 Department of Housing and Urban Development—Community Planning and Development—Community Development Fund (b) Notwithstanding any other provision of law, in the case of any grantee of funds referred to in subsection (a) of this section that provides assistance that duplicates benefits available to a person for the same purpose from another source, the grantee itself shall— (1) be subject to remedies for noncompliance; or (2) bear responsibility for absorbing such cost of duplicative benefits and returning an amount equal to any duplicative benefits paid to the grantee's funds available for use under such heading, unless the Secretary, upon the request of a grantee issues a public determination by publication in the Federal Register that it is not in the best interest of the Federal Government to pursue such remedies. (c) Notwithstanding any other provision of law, any grantee of funds referred to in subsection (a) of this section may request a waiver from the Secretary of Housing and Urban Development of any recoupment by the Secretary of such funds for amounts owed by persons who have received such assistance from such funds and who have been defrauded, or after receiving assistance, have filed for bankruptcy, gone through a foreclosure procedure on property that received such assistance, or are deceased. If the grantee self-certifies to the Secretary in such request that it has verified that the individual conditions of each person it is requesting a waiver for meets one of the conditions specified in the preceding sentence, the Secretary may grant such waivers on the basis of grantee self-certification, issue a public determination by publication in the Federal Register that it is not in the best interest of the Federal Government to pursue such recoupment, and may conduct oversight to verify grantee self-certification and subject the grantee to remedies for noncompliance for any amounts that have not met such requirements. (d) Amounts repurposed pursuant to this section that were previously designated by the Congress as an emergency requirement pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985 or a concurrent resolution on the budget are designated as an emergency requirement pursuant to section 4001(a)(1) of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022, and section 1(e) of H. Res. 1151 (117th Congress) as engrossed in the House of Representatives on June 8, 2022. 237. None of the funds made available to the Department of Housing and Urban Development by this or any other Act may be used to implement, administer, enforce, or in any way make effective the proposed rule entitled Housing and Community Development Act of 1980: Verification of Eligible Status This title may be cited as the Department of Housing and Urban Development Appropriations Act, 2023 III RELATED AGENCIES Access board SALARIES AND EXPENSES For expenses necessary for the Access Board, as authorized by section 502 of the Rehabilitation Act of 1973 ( 29 U.S.C. 792 Provided Federal maritime commission SALARIES AND EXPENSES For necessary expenses of the Federal Maritime Commission as authorized by section 201(d) of the Merchant Marine Act, 1936, as amended ( 46 U.S.C. 46107 Provided National railroad passenger corporation Office of inspector general SALARIES AND EXPENSES For necessary expenses of the Office of Inspector General for the National Railroad Passenger Corporation to carry out the provisions of the Inspector General Act of 1978 ( 5 U.S.C. App. 3 Provided Provided further Provided further Provided further National transportation safety board SALARIES AND EXPENSES For necessary expenses of the National Transportation Safety Board, including hire of passenger motor vehicles and aircraft; services as authorized by section 3109 of title 5, United States Code, but at rates for individuals not to exceed the per diem rate equivalent to the rate for a GS–15; uniforms, or allowances therefor, as authorized by sections 5901 and 5902 of title 5, United States Code, $129,300,000, of which not to exceed $2,000 may be used for official reception and representation expenses: Provided Neighborhood reinvestment corporation PAYMENT TO THE NEIGHBORHOOD REINVESTMENT CORPORATION For payment to the Neighborhood Reinvestment Corporation for use in neighborhood reinvestment activities, as authorized by the Neighborhood Reinvestment Corporation Act ( 42 U.S.C. 8101–8107 Surface transportation board SALARIES AND EXPENSES For necessary expenses of the Surface Transportation Board, including services authorized by section 3109 of title 5, United States Code, $42,029,000: Provided Public Law 117–58 Provided further Provided further United states interagency council on homelessness OPERATING EXPENSES For necessary expenses, including payment of salaries, authorized travel, hire of passenger motor vehicles, the rental of conference rooms, and the employment of experts and consultants under section 3109 of title 5, United States Code, of the United States Interagency Council on Homelessness in carrying out the functions pursuant to title II of the McKinney-Vento Homeless Assistance Act, as amended, $4,580,000. IV GENERAL PROVISIONS—THIS ACT 401. None of the funds in this Act shall be used for the planning or execution of any program to pay the expenses of, or otherwise compensate, non-Federal parties intervening in regulatory or adjudicatory proceedings funded in this Act. 402. None of the funds appropriated in this Act shall remain available for obligation beyond the current fiscal year, nor may any be transferred to other appropriations, unless expressly so provided herein. 403. The expenditure of any appropriation under this Act for any consulting service through a procurement contract pursuant to section 3109 of title 5, United States Code, shall be limited to those contracts where such expenditures are a matter of public record and available for public inspection, except where otherwise provided under existing law, or under existing Executive order issued pursuant to existing law. 404. (a) None of the funds made available in this Act may be obligated or expended for any employee training that— (1) does not meet identified needs for knowledge, skills, and abilities bearing directly upon the performance of official duties; (2) contains elements likely to induce high levels of emotional response or psychological stress in some participants; (3) does not require prior employee notification of the content and methods to be used in the training and written end of course evaluation; (4) contains any methods or content associated with religious or quasi-religious belief systems or new age (5) is offensive to, or designed to change, participants' personal values or lifestyle outside the workplace. (b) Nothing in this section shall prohibit, restrict, or otherwise preclude an agency from conducting training bearing directly upon the performance of official duties. 405. Except as otherwise provided in this Act, none of the funds provided in this Act, provided by previous appropriations Acts to the agencies or entities funded in this Act that remain available for obligation or expenditure in fiscal year 2023, or provided from any accounts in the Treasury derived by the collection of fees and available to the agencies funded by this Act, shall be available for obligation or expenditure through a reprogramming of funds that— (1) creates a new program; (2) eliminates a program, project, or activity; (3) increases funds or personnel for any program, project, or activity for which funds have been denied or restricted by the Congress; (4) proposes to use funds directed for a specific activity by either the House or Senate Committees on Appropriations for a different purpose; (5) augments existing programs, projects, or activities in excess of $5,000,000 or 10 percent, whichever is less; (6) reduces existing programs, projects, or activities by $5,000,000 or 10 percent, whichever is less; or (7) creates, reorganizes, or restructures a branch, division, office, bureau, board, commission, agency, administration, or department different from the budget justifications submitted to the Committees on Appropriations or the table accompanying the report accompanying this Act, whichever is more detailed, unless prior approval is received from the House and Senate Committees on Appropriations: Provided Provided further (A) a table for each appropriation with a separate column to display the prior year enacted level, the President's budget request, adjustments made by Congress, adjustments due to enacted rescissions, if appropriate, and the fiscal year enacted level; (B) a delineation in the table for each appropriation and its respective prior year enacted level by object class and program, project, and activity as detailed in this Act, the table accompanying the report accompanying this Act, accompanying reports of the House and Senate Committee on Appropriations, or in the budget appendix for the respective appropriations, whichever is more detailed, and shall apply to all items for which a dollar amount is specified and to all programs for which new budget (obligational) authority is provided, as well as to discretionary grants and discretionary grant allocations; and (C) an identification of items of special congressional interest. 406. Except as otherwise specifically provided by law, not to exceed 50 percent of unobligated balances remaining available at the end of fiscal year 2023 from appropriations made available for salaries and expenses for fiscal year 2023 in this Act, shall remain available through September 30, 2024, for each such account for the purposes authorized: Provided Provided further 407. No funds in this Act may be used to support any Federal, State, or local projects that seek to use the power of eminent domain, unless eminent domain is employed only for a public use: Provided Provided further Public Law 107–118 408. None of the funds made available in this Act may be transferred to any department, agency, or instrumentality of the United States Government, except pursuant to a transfer made by, or transfer authority provided in, this Act or any other appropriations Act. 409. No funds appropriated pursuant to this Act may be expended by an entity unless the entity agrees that in expending the assistance the entity will comply with sections 2 through 4 of the Act of March 3, 1933 ( 41 U.S.C. 8301–8305 Buy American Act 410. No funds appropriated or otherwise made available under this Act shall be made available to any person or entity that has been convicted of violating the Buy American Act ( 41 U.S.C. 8301–8305 411. None of the funds made available in this Act may be used for first-class airline accommodations in contravention of sections 301–10.122 and 301–10.123 of title 41, Code of Federal Regulations. 412. None of the funds made available in this Act may be used to send or otherwise pay for the attendance of more than 50 employees of a single agency or department of the United States Government, who are stationed in the United States, at any single international conference unless the relevant Secretary reports to the House and Senate Committees on Appropriations at least 5 days in advance that such attendance is important to the national interest: Provided international conference 413. None of the funds appropriated or otherwise made available under this Act may be used by the Surface Transportation Board to charge or collect any filing fee for rate or practice complaints filed with the Board in an amount in excess of the amount authorized for district court civil suit filing fees under section 1914 of title 28, United States Code. 414. (a) None of the funds made available in this Act may be used to maintain or establish a computer network unless such network blocks the viewing, downloading, and exchanging of pornography. (b) Nothing in subsection (a) shall limit the use of funds necessary for any Federal, State, tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecution, or adjudication activities. 415. (a) None of the funds made available in this Act may be used to deny an Inspector General funded under this Act timely access to any records, documents, or other materials available to the department or agency over which that Inspector General has responsibilities under the Inspector General Act of 1978 (5 U.S.C. App.), or to prevent or impede that Inspector General's access to such records, documents, or other materials, under any provision of law, except a provision of law that expressly refers to the Inspector General and expressly limits the Inspector General's right of access. (b) A department or agency covered by this section shall provide its Inspector General with access to all such records, documents, and other materials in a timely manner. (c) Each Inspector General shall ensure compliance with statutory limitations on disclosure relevant to the information provided by the establishment over which that Inspector General has responsibilities under the Inspector General Act of 1978 (5 U.S.C. App.). (d) Each Inspector General covered by this section shall report to the Committees on Appropriations of the House of Representatives and the Senate within 5 calendar days any failures to comply with this requirement. 416. None of the funds appropriated or otherwise made available by this Act may be used to pay award or incentive fees for contractors whose performance has been judged to be below satisfactory, behind schedule, over budget, or has failed to meet the basic requirements of a contract, unless the Agency determines that any such deviations are due to unforeseeable events, government-driven scope changes, or are not significant within the overall scope of the project and/or program unless such awards or incentive fees are consistent with 16.401(e)(2) of the Federal Acquisition Regulations. 417. Within the amounts appropriated in this Act, funding shall be allocated in the amounts specified for those projects and purposes delineated in the table titled Transportation, Housing and Urban Development Incorporation of Community Project Funding Items 418. No part of any appropriation contained in this Act shall be available to pay the salary for any person filling a position, other than a temporary position, formerly held by an employee who has left to enter the Armed Forces of the United States and has satisfactorily completed his or her period of active military or naval service, and has within 90 days after his or her release from such service or from hospitalization continuing after discharge for a period of not more than 1 year, made application for restoration to his or her former position and has been certified by the Office of Personnel Management as still qualified to perform the duties of his or her former position and has not been restored thereto. 419. (a) None of the funds made available by this Act may be used to approve a new foreign air carrier permit under sections 41301 through 41305 of title 49, United States Code, or exemption application under section 40109 of that title of an air carrier already holding an air operators certificate issued by a country that is party to the U.S.-E.U.-Iceland-Norway Air Transport Agreement where such approval would contravene United States law or Article 17 bis of the U.S.-E.U.-Iceland-Norway Air Transport Agreement. (b) Nothing in this section shall prohibit, restrict or otherwise preclude the Secretary of Transportation from granting a foreign air carrier permit or an exemption to such an air carrier where such authorization is consistent with the U.S.-E.U.-Iceland-Norway Air Transport Agreement and United States law. This Act may be cited as the Transportation, Housing and Urban Development, and Related Agencies Appropriations Act, 2023 July 5, 2022 Committed to the Committee of the Whole House on the State of the Union and ordered to be printed

Summary: Transportation, Housing and Urban Development, Agriculture, Rural Development, Energy and Water Development, Financial Services and General Government, Interior, Environment, Military Construction, and Veterans Affairs Appropriations Act, 2023 This bill provides FY2023 appropriations for several federal departments and agencies. It includes 6 of the 12 regular FY2023 appropriations bills: the Transportation, Housing and Urban Development, and Related Agencies Appropriations Act, 2023; the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2023; the Energy and Water Development and Related Agencies Appropriations Act, 2023; the Financial Services and General Government Appropriations Act, 2023; the Department of the Interior, Environment, and Related Agencies Appropriations Act, 2023; and the Military Construction, Veterans Affairs, and Related Agencies Appropriations Act, 2023. The departments, agencies, and activities funded in the bill include the Department of Transportation, the Department of Housing and Urban Development, the Department of Agriculture, the Food and Drug Administration, the Commodity Futures Trading Commission, the civil works projects of the U.S. Army Corps of Engineers, the Department of Energy, the Bureau of Reclamation, the Department of the Treasury, the Executive Office of the President, the judiciary, the District of Columbia, the Department of the Interior, the Environmental Protection Agency, the Forest Service, Department of Defense military construction and family housing activities, the Department of Veterans Affairs, and several related and independent agencies. The bill also specifies restrictions and requirements for using funds provided by this and other appropriations acts.