H. R. 2617—633 
committees that to do so would enable the United States to counter 
Chinese influence or to promote other national interests of the 
United States: Provided, That the authority of this section shall 
cease to have effect if, after enactment of this Act, the Palestinians 
obtain the same standing as member states or full membership 
as a state in the United Nations or any specialized agency thereof 
outside an agreement negotiated between Israel and the Palestin-
ians: Provided further, That the authority of this section shall 
sunset on September 30, 2025, unless extended in a subsequent 
Act of Congress. 
ORGANIZATION OF AMERICAN STATES 
SEC. 7071. (a) The Secretary of State shall instruct the United 
States Permanent Representative to the Organization of American 
States (OAS) to use the voice and vote of the United States to: 
(1) implement budgetary reforms and efficiencies within the 
Organization; (2) eliminate arrears, increase other donor contribu-
tions, and impose penalties for successive late payment of assess-
ments; (3) prevent programmatic and organizational redundancies 
and consolidate duplicative activities and functions; (4) prioritize 
areas in which the OAS has expertise, such as strengthening democ-
racy, monitoring electoral processes, and protecting human rights; 
and (5) implement reforms within the Office of the Inspector Gen-
eral (OIG) to ensure the OIG has the necessary leadership, integrity, 
professionalism, independence, policies, and procedures to properly 
carry out its responsibilities in a manner that meets or exceeds 
best practices in the United States. 
(b) Prior to the obligation of funds appropriated by this Act 
and made available for an assessed contribution to the Organization 
of American States, but not later than 90 days after the date 
of enactment of this Act, the Secretary of State shall submit a 
report to the appropriate congressional committees on actions taken 
or planned to be taken pursuant to subsection (a) that are in 
addition to actions taken during the preceding fiscal year, and 
the results of such actions. 
MULTILATERAL DEVELOPMENT BANKS 
SEC. 7072. (a) INTERNATIONAL
DEVELOPMENT
ASSOCIATION 
TWENTIETH
REPLENISHMENT.—The 
International 
Development 
Association Act (22 U.S.C. 284 et seq.) is amended by adding 
at the end the following new section: 
‘‘SEC. 32. TWENTIETH REPLENISHMENT. 
‘‘(a) IN GENERAL.—The United States Governor of the Inter-
national Development Association is authorized to contribute on 
behalf of the United States $3,500,000,000 to the twentieth 
replenishment of the resources of the Association, subject to 
obtaining the necessary appropriations. 
‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—In order to pay for 
the United States contribution provided for in subsection (a), there 
are authorized to be appropriated, without fiscal year limitation, 
$3,500,000,000 for payment by the Secretary of the Treasury.’’. 
(b) ASIAN DEVELOPMENT FUND TWELFTH REPLENISHMENT.— 
The Asian Development Bank Act (22 U.S.C. 285 et seq.) is amended 
by adding at the end the following new section:
H. R. 2617—634 
‘‘SEC. 37. TWELFTH REPLENISHMENT. 
‘‘(a) The United States Governor of the Bank is authorized 
to contribute, on behalf of the United States, $177,440,000 to the 
twelfth replenishment of the resources of the Fund, subject to 
obtaining the necessary appropriations. 
‘‘(b) In order to pay for the United States contribution provided 
for in subsection (a), there are authorized to be appropriated, with-
out fiscal year limitation, $177,440,000 for payment by the Secretary 
of the Treasury.’’. 
WAR CRIMES ACCOUNTABILITY 
SEC. 7073. (a) EXCEPTION FOR CERTAIN INVESTIGATIONS.—Sec-
tion 2004(h) of the American Servicemembers’ Protection Act of 
2002 (22 U.S.C. 7423(h)) is amended— 
(1) by striking ‘‘Agents.—No agent’’ and inserting the fol-
lowing: ‘‘Agents.— 
‘‘(1) IN GENERAL.—No agent’’; and 
(2) by adding at the end the following new paragraph: 
‘‘(2) EXCEPTION.—The prohibition under paragraph (1) shall 
not apply with respect to investigative activities that— 
‘‘(A) relate solely to investigations and prosecutions 
of foreign persons for crimes within the jurisdiction of 
the International Criminal Court related to the Situation 
in Ukraine; and 
‘‘(B) are undertaken in concurrence with the Attorney 
General.’’. 
(b) EXCEPTION
FOR CERTAIN SUPPORT.—Section 2015 of the 
American Servicemembers’ Protection Act of 2002 (22 U.S.C. 7433) 
is amended by striking ‘‘Nothing’’ through the end of such section 
and inserting the following: 
‘‘(a) ASSISTANCE.—Nothing in this title shall prohibit the United 
States from rendering assistance to international efforts to bring 
to justice Saddam Hussein, Slobodan Milosovic, Osama bin Laden, 
other members of Al Queda, leaders of Islamic Jihad, and other 
foreign nationals accused of genocide, war crimes or crimes against 
humanity, or from rendering assistance to the International 
Criminal Court to assist with investigations and prosecutions of 
foreign nationals related to the Situation in Ukraine, including 
to support victims and witnesses. 
‘‘(b) AUTHORITY.—Assistance made available pursuant to sub-
section (a) of this section may be made available notwithstanding 
section 705 of the Foreign Relations Authorization Act, Fiscal Year 
2000 and 2001 (22 U.S.C. 7401), except that none of the funds 
made available pursuant to this subsection may be made available 
for the purpose of supporting investigations or prosecutions of U.S. 
servicemembers or other covered United States persons or covered 
allied persons as such terms are defined in section 2013 of this 
Act. 
‘‘(c) NOTIFICATION.—The Secretary of State shall notify the 
Committees on Appropriations, the Committee on Foreign Relations 
of the Senate, and the Committee on Foreign Affairs of the House 
of Representatives, of any amounts obligated pursuant to subsection 
(b) not later than 15 days before such obligation is made.’’. 
(c) RULE OF CONSTRUCTION.—Nothing in this section may be 
construed to modify the existing roles or authorities of any Federal 
agency or official.
H. R. 2617—635 
RESCISSIONS 
(INCLUDING RESCISSIONS OF FUNDS) 
SEC. 7074. (a) MILLENNIUM CHALLENGE CORPORATION.—Of the 
unobligated balances from amounts made available under the 
heading ‘‘Millennium Challenge Corporation’’ from prior Acts 
making appropriations for the Department of State, foreign oper-
ations, and related programs, $100,000,000 are rescinded. 
(b) EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE.— 
Of the unobligated and unexpended balances from amounts avail-
able under the heading ‘‘Embassy Security, Construction, and 
Maintenance’’ from prior Acts making appropriations for the Depart-
ment of State, foreign operations, and related programs, $42,000,000 
are rescinded. 
(c) CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVI-
TIES.—Of the unobligated and unexpended balances from amounts 
available under the heading ‘‘Contributions for International Peace-
keeping Activities’’ from prior Acts making appropriations for the 
Department of State, foreign operations, and related programs, 
$100,000,000 are rescinded. 
(d) RESTRICTION.—No amounts may be rescinded from amounts 
that were previously designated by the Congress as an emergency 
requirement pursuant to a concurrent resolution on the budget 
or the Balanced Budget and Emergency Deficit Control Act of 
1985. 
This division may be cited as the ‘‘Department of State, Foreign 
Operations, and Related Programs Appropriations Act, 2023’’. 
DIVISION L—TRANSPORTATION, HOUSING AND URBAN 
DEVELOPMENT, AND RELATED AGENCIES APPRO-
PRIATIONS ACT, 2023 
TITLE I 
DEPARTMENT OF TRANSPORTATION 
OFFICE OF THE SECRETARY 
SALARIES AND EXPENSES 
For necessary expenses of the Office of the Secretary, 
$171,014,000: Provided, That of the sums appropriated under this 
heading— 
(1) $3,569,000 shall be available for the immediate Office 
of the Secretary; 
(2) $1,277,000 shall be available for the immediate Office 
of the Deputy Secretary; 
(3) $28,089,000 shall be available for the Office of the 
General Counsel; 
(4) $17,469,000 shall be available for the Office of the 
Under Secretary of Transportation for Policy, of which 
$2,000,000 is for the Office for Multimodal Freight Infrastruc-
ture and Policy; 
(5) $21,026,000 shall be available for the Office of the 
Assistant Secretary for Budget and Programs; 
(6) $3,968,000 shall be available for the Office of the Assist-
ant Secretary for Governmental Affairs;
H. R. 2617—636 
(7) $41,399,000 shall be available for the Office of the 
Assistant Secretary for Administration; 
(8) $5,727,000 shall be available for the Office of Public 
Affairs and Public Engagement; 
(9) $2,312,000 shall be available for the Office of the Execu-
tive Secretariat; 
(10) $15,533,000 shall be available for the Office of Intel-
ligence, Security, and Emergency Response; 
(11) $29,195,000 shall be available for the Office of the 
Chief Information Officer; and 
(12) $1,450,000 shall be available for the Office of Tribal 
Government Affairs: 
Provided further, That the Secretary of Transportation (referred 
to in this title as the ‘‘Secretary’’) is authorized to transfer funds 
appropriated for any office of the Office of the Secretary to any 
other office of the Office of the Secretary: Provided further, That 
no appropriation for any office shall be increased or decreased 
by more than 7 percent by all such transfers: Provided further, 
That notice of any change in funding greater than 7 percent shall 
be submitted for approval to the House and Senate Committees 
on Appropriations: Provided further, That not to exceed $70,000 
shall be for allocation within the Department for official reception 
and representation expenses as the Secretary may determine: Pro-
vided further, That notwithstanding any other provision of law, 
there may be credited to this appropriation up to $2,500,000 in 
funds received in user fees. 
RESEARCH AND TECHNOLOGY 
For necessary expenses related to the Office of the Assistant 
Secretary for Research and Technology, $48,996,000, of which 
$37,542,000 shall remain available until expended: Provided, That 
of such amounts that are available until expended, $3,224,000 
shall be for necessary expenses of the Advanced Research Projects 
Agency—Infrastructure (ARPA–I) as authorized by section 119 of 
title 49, United States Code: Provided further, That there may 
be credited to this appropriation, to be available until expended, 
funds received from States, counties, municipalities, other public 
authorities, and private sources for expenses incurred for training: 
Provided further, That any reference in law, regulation, judicial 
proceedings, or elsewhere to the Research and Innovative Tech-
nology Administration shall continue to be deemed to be a reference 
to the Office of the Assistant Secretary for Research and Technology 
of the Department of Transportation. 
NATIONAL INFRASTRUCTURE INVESTMENTS 
(INCLUDING TRANSFER OF FUNDS) 
For necessary expenses to carry out a local and regional project 
assistance grant program under section 6702 of title 49, United 
States Code, $800,000,000, to remain available until expended: 
Provided, That section 6702(f)(2) of title 49, United States Code, 
shall not apply to amounts made available under this heading 
in this Act: Provided further, That of amounts made available 
under this heading in this Act, not less than $20,000,000 shall 
be awarded to projects in historically disadvantaged communities 
or areas of persistent poverty as defined under section 6702(a)(1)
H. R. 2617—637 
of title 49, United States Code: Provided further, That section 
6702(g) of title 49, United States Code, shall not apply to amounts 
made available under this heading in this Act: Provided further, 
That of the amounts made available under this heading in this 
Act not less than 5 percent shall be made available for the planning, 
preparation, or design of eligible projects: Provided further, That 
grants awarded under this heading in this Act for eligible projects 
for planning, preparation, or design shall not be subject to a min-
imum grant size: Provided further, That in distributing amounts 
made available under this heading in this Act, the Secretary shall 
take such measures so as to ensure an equitable geographic dis-
tribution of funds, an appropriate balance in addressing the needs 
of urban and rural areas, including Tribal areas, and the investment 
in a variety of transportation modes: Provided further, That section 
6702(c)(2)(C) of title 49, United States Code, shall not apply to 
amounts made available under this heading in this Act: Provided 
further, That a grant award under this heading in this Act shall 
be not greater than $45,000,000: Provided further, That section 
6702(c)(3) of title 49, United States Code, shall not apply to amounts 
made available under this heading in this Act: Provided further, 
That not more than 15 percent of the amounts made available 
under this heading in this Act may be awarded to projects in 
a single State: Provided further, That for amounts made available 
under this heading in this Act, the Secretary shall give priority 
to projects that require a contribution of Federal funds in order 
to complete an overall financing package: Provided further, That 
section 6702(f)(1) of title 49, United States Code, shall not apply 
to amounts made available under this heading in this Act: Provided 
further, That of the amounts awarded under this heading in this 
Act, not more than 50 percent shall be allocated for eligible projects 
located in rural areas and not more than 50 percent shall be 
allocated for eligible projects located in urbanized areas: Provided 
further, That for the purpose of determining if an award for plan-
ning, preparation, or design under this heading in this Act is 
an urban award, the project location is the location of the project 
being planned, prepared, or designed: Provided further, That the 
Secretary may retain up to 2 percent of the amounts made available 
under this heading in this Act, and may transfer portions of such 
amounts to the Administrators of the Federal Aviation Administra-
tion, the Federal Highway Administration, the Federal Transit 
Administration, the Federal Railroad Administration and the Mari-
time Administration to fund the award and oversight of grants 
and credit assistance made under the program authorized under 
section 6702 of title 49, United States Code: Provided further, 
That for amounts made available under this heading in this Act, 
the Secretary shall consider and award projects based solely on 
the selection criteria as identified under section 6702(d)(3) and 
(d)(4) of title 49, United States Code. 
THRIVING COMMUNITIES INITIATIVE 
(INCLUDING TRANSFER OF FUNDS) 
For necessary expenses for a thriving communities program, 
$25,000,000, to remain available until September 30, 2025: Pro-
vided, That the Secretary of Transportation shall make such
H. R. 2617—638 
amounts available for technical assistance and cooperative agree-
ments to develop and implement technical assistance, planning, 
and capacity building to improve and foster thriving communities 
through transportation improvements: Provided further, That the 
Secretary may enter into cooperative agreements with philanthropic 
entities, non-profit organizations, other Federal agencies, State or 
local governments and their agencies, Indian Tribes, or other tech-
nical assistance providers, to provide such technical assistance, 
planning, and capacity building to State, local, or Tribal govern-
ments, United States territories, metropolitan planning organiza-
tions, transit agencies, or other political subdivisions of State or 
local governments: Provided further, That to be eligible for a 
cooperative agreement under this heading, a recipient shall provide 
assistance to entities described in the preceding proviso on engaging 
in public planning processes with residents, local businesses, non- 
profit organizations, and to the extent practicable, philanthropic 
organizations, educational institutions, or other community stake-
holders: Provided further, That such cooperative agreements shall 
facilitate the planning and development of transportation and 
community revitalization activities supported by the Department 
of Transportation under titles 23, 46, and 49, United States Code, 
that increase mobility, reduce pollution from transportation sources, 
expand affordable transportation options, facilitate efficient land 
use, preserve or expand jobs, improve housing conditions, enhance 
connections to health care, education, and food security, or improve 
health outcomes: Provided further, That the Secretary may 
prioritize assistance provided with amounts made available under 
this heading to communities that have disproportionate rates of 
pollution and poor air quality, communities experiencing dispropor-
tionate effects (as defined by Executive Order No. 12898), areas 
of persistent poverty as defined in section 6702(a)(1) of title 49, 
United States Code, or historically disadvantaged communities: Pro-
vided further, That the preceding proviso shall not prevent the 
Secretary from providing assistance with amounts made available 
under this heading to entities described in the second proviso under 
this heading that request assistance through the thriving commu-
nities program: Provided further, That planning and technical 
assistance made available under this heading may include pre- 
application assistance for capital projects eligible under titles 23, 
46, and 49, United States Code: Provided further, That the Secretary 
may retain amounts made available under this heading for the 
necessary administrative expenses of (1) developing and dissemi-
nating best practices, modeling, and cost-benefit analysis methodolo-
gies to assist entities described in the second proviso under this 
heading with applications for financial assistance programs under 
titles 23, 46, and 49, United States Code, and (2) award, administra-
tion, and oversight of cooperative agreements to carry out the 
provisions under this heading: Provided further, That such amounts 
and payments as may be necessary to carry out the thriving commu-
nities program may be transferred to appropriate accounts of other 
operating administrations within the Department of Transportation: 
Provided further, That the Secretary shall notify the House and 
Senate Committees on Appropriations not later than 3 business 
days prior to a transfer carried out under the preceding proviso.
H. R. 2617—639 
NATIONAL SURFACE TRANSPORTATION AND INNOVATIVE FINANCE 
BUREAU 
For necessary expenses of the National Surface Transportation 
and Innovative Finance Bureau as authorized by 49 U.S.C. 116, 
$8,850,000, to remain available until expended: Provided, That 
the Secretary may collect and spend fees, as authorized by title 
23, United States Code, to cover the costs of services of expert 
firms, including counsel, in the field of municipal and project finance 
to assist in the underwriting and servicing of Federal credit 
instruments and all or a portion of the costs to the Federal Govern-
ment of servicing such credit instruments: Provided further, That 
such fees are available until expended to pay for such costs: Pro-
vided further, That such amounts are in addition to other amounts 
made available for such purposes and are not subject to any obliga-
tion limitation or the limitation on administrative expenses under 
section 608 of title 23, United States Code. 
RAILROAD REHABILITATION AND IMPROVEMENT FINANCING PROGRAM 
The Secretary is authorized to issue direct loans and loan 
guarantees pursuant to chapter 224 of title 49, United States Code, 
and such authority shall exist as long as any such direct loan 
or loan guarantee is outstanding. 
FINANCIAL MANAGEMENT CAPITAL 
For necessary expenses for upgrading and enhancing the 
Department 
of 
Transportation’s 
financial 
systems 
and 
re- 
engineering business processes, $5,000,000, to remain available 
through September 30, 2024. 
CYBER SECURITY INITIATIVES 
For necessary expenses for cyber security initiatives, including 
necessary upgrades to network and information technology infra-
structure, improvement of identity management and authentication 
capabilities, securing and protecting data, implementation of Fed-
eral 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, 
$14,800,000. 
TRANSPORTATION PLANNING, RESEARCH, AND DEVELOPMENT 
(INCLUDING TRANSFER OF FUNDS) 
For necessary expenses for conducting transportation planning, 
research, systems development, development activities, and making 
grants, $36,543,000, to remain available until expended: Provided, 
That of such amount, $5,436,000 shall be for necessary expenses 
of the Interagency Infrastructure Permitting Improvement Center 
(IIPIC): Provided further, That there may be transferred to this 
appropriation, to remain available until expended, amounts trans-
ferred from other Federal agencies for expenses incurred under
H. R. 2617—640 
this heading for IIPIC activities not related to transportation infra-
structure: Provided further, That the tools and analysis developed 
by the IIPIC shall be available to other Federal agencies for the 
permitting and review of major infrastructure projects not related 
to transportation only to the extent that other Federal agencies 
provide funding to the Department in accordance with the preceding 
proviso: Provided further, That of the amounts made available 
under this heading, $12,914,000 shall be made available for the 
purposes, and in amounts, specified for Community Project Funding/ 
Congressionally Directed Spending in the table entitled ‘‘Commu-
nity Project Funding/Congressionally Directed Spending’’ included 
in the explanatory statement described in section 4 (in the matter 
preceding division A of this consolidated Act). 
WORKING CAPITAL FUND 
(INCLUDING TRANSFER OF FUNDS) 
For necessary expenses for operating costs and capital outlays 
of the Working Capital Fund, not to exceed $505,285,000, shall 
be paid from appropriations made available to the Department 
of Transportation: Provided, That such services shall be provided 
on a competitive basis to entities within the Department of 
Transportation: Provided further, That the limitation in the pre-
ceding proviso on operating expenses shall not apply to entities 
external to the Department of Transportation or for funds provided 
in Public Law 117–58: Provided further, That no funds made avail-
able by this Act to an agency of the Department shall be transferred 
to the Working Capital Fund without majority approval of the 
Working Capital Fund Steering Committee and approval of the 
Secretary: Provided further, That no assessments may be levied 
against any program, budget activity, subactivity, or project funded 
by this Act unless notice of such assessments and the basis therefor 
are presented to the House and Senate Committees on Appropria-
tions and are approved by such Committees. 
SMALL AND DISADVANTAGED BUSINESS UTILIZATION AND OUTREACH 
For necessary expenses for small and disadvantaged business 
utilization and outreach activities, $5,132,000, to remain available 
until September 30, 2024: Provided, That notwithstanding section 
332 of title 49, United States Code, such amounts may be used 
for business opportunities related to any mode of transportation: 
Provided further, That appropriations made available under this 
heading shall be available for any purpose consistent with prior 
year appropriations that were made available under the heading 
‘‘Office of the Secretary—Minority Business Resource Center Pro-
gram’’. 
PAYMENTS TO AIR CARRIERS 
(AIRPORT AND AIRWAY TRUST FUND) 
In addition to funds made available from any other source 
to carry out the essential air service program under sections 41731 
through 41742 of title 49, United States Code, $354,827,000, to 
be derived from the Airport and Airway Trust Fund, to remain 
available until expended: Provided, That in determining between
H. R. 2617—641 
or among carriers competing to provide service to a community, 
the Secretary may consider the relative subsidy requirements of 
the carriers: Provided further, That basic essential air service min-
imum requirements shall not include the 15-passenger capacity 
requirement under section 41732(b)(3) of title 49, United States 
Code: Provided further, That amounts authorized to be distributed 
for the essential air service program under section 41742(b) of 
title 49, United States Code, shall be made available immediately 
from amounts otherwise provided to the Administrator of the Fed-
eral Aviation Administration: Provided further, That the Adminis-
trator may reimburse such amounts from fees credited to the 
account established under section 45303 of title 49, United States 
Code: Provided further, That, notwithstanding section 41733 of 
title 49, United States Code, for fiscal year 2023, the requirements 
established under subparagraphs (B) and (C) of section 41731(a)(1) 
of title 49, United States Code, and the subsidy cap established 
by section 332 of the Department of Transportation and Related 
Agencies Appropriations Act, 2000, shall not apply to maintain 
eligibility under section 41731 of title 49, United States Code. 
ADMINISTRATIVE PROVISIONS—OFFICE OF THE SECRETARY OF 
TRANSPORTATION 
(INCLUDING RESCISSION AND TRANSFER OF FUNDS) 
SEC. 101. None of the funds made available by this Act to 
the Department of Transportation may be obligated for the Office 
of the Secretary of Transportation to approve assessments or 
reimbursable agreements pertaining to funds appropriated to the 
operating administrations in this Act, except for activities underway 
on the date of enactment of this Act, unless such assessments 
or agreements have completed the normal reprogramming process 
for congressional notification. 
SEC. 102. The Secretary shall post on the web site of the 
Department of Transportation a schedule of all meetings of the 
Council on Credit and Finance, including the agenda for each 
meeting, and require the Council on Credit and Finance to record 
the decisions and actions of each meeting. 
SEC. 103. In addition to authority provided by section 327 
of title 49, United States Code, the Department’s Working Capital 
Fund is authorized to provide partial or full payments in advance 
and accept subsequent reimbursements from all Federal agencies 
from available funds for transit benefit distribution services that 
are necessary to carry out the Federal transit pass transportation 
fringe benefit program under Executive Order No. 13150 and section 
3049 of SAFETEA–LU (5 U.S.C. 7905 note): Provided, That the 
Department shall maintain a reasonable operating reserve in the 
Working Capital Fund, to be expended in advance to provide 
uninterrupted transit benefits to Government employees: Provided 
further, That such reserve shall not exceed 1 month of benefits 
payable and may be used only for the purpose of providing for 
the continuation of transit benefits: Provided further, That the 
Working Capital Fund shall be fully reimbursed by each customer 
agency from available funds for the actual cost of the transit benefit. 
SEC. 104. Receipts collected in the Department’s Working Cap-
ital Fund, as authorized by section 327 of title 49, United States 
Code, for unused transit and van pool benefits, in an amount