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† HR 2617 EAS2 
adaptation programs, including in support of the imple-
mentation of the Indo-Pacific Strategy. 
(f) Of the funds appropriated under title III of this 
Act, not less than $260,000,000 shall be made available for 
clean energy programs, including in support of carrying 
out the purposes of the Electrify Africa Act (Public Law 
114–121) and implementing the Power Africa initiative. 
(g) Funds appropriated by this Act under title III 
may be made available for United States contributions to 
the Adaptation Fund and the Least Developed Countries 
Fund. 
(h) Of the funds appropriated under title III of this 
Act, not less than $50,000,000 shall be made available for 
the purposes enumerated under section 7060(c)(7) of the De-
partment of State, Foreign Operations, and Related Pro-
grams Appropriations Act, 2021 (division K of Public Law 
116–260): Provided, That such funds may only be made 
available following consultation with the Committees on 
Appropriations. 
(i) Of the funds appropriated under title III of this 
Act, not less than $20,000,000 shall be made available to 
support Indigenous and other civil society organizations in 
developing countries that are working to protect the envi-
ronment, including threatened and endangered species, as 
described under this section in the explanatory statement
1527 
† HR 2617 EAS2 
described in section 4 (in the matter preceding division A 
of this consolidated Act). 
(j) The Secretary of State and USAID Administrator 
shall implement the directive regarding law enforcement in 
national parks and protected areas as described under this 
section in the explanatory statement described in section 4 
(in the matter preceding division A of this consolidated 
Act). 
BUDGET DOCUMENTS 
SEC. 7062. (a) OPERATING PLANS.—Not later than 45 
days after the date of enactment of this Act, each depart-
ment, agency, or organization funded in titles I, II, and 
VI of this Act, and the Department of the Treasury and 
Independent Agencies funded in title III of this Act, includ-
ing the Inter-American Foundation and the United States 
African Development Foundation, shall submit to the Com-
mittees on Appropriations an operating plan for funds ap-
propriated to such department, agency, or organization in 
such titles of this Act, or funds otherwise available for obli-
gation in fiscal year 2023, that provides details of the uses 
of such funds at the program, project, and activity level: 
Provided, That such plans shall include, as applicable, a 
comparison between the congressional budget justification 
funding levels, the most recent congressional directives or 
approved funding levels, and the funding levels proposed by
1528 
† HR 2617 EAS2 
the department or agency; and a clear, concise, and inform-
ative description/justification: Provided further, That oper-
ating plans that include changes in levels of funding for 
programs, projects, and activities specified in the congres-
sional budget justification, in this Act, or amounts specifi-
cally designated in the respective tables included in the ex-
planatory statement described in section 4 (in the matter 
preceding division A of this consolidated Act), as applica-
ble, shall be subject to the notification and reprogramming 
requirements of section 7015 of this Act. 
(b) SPEND PLANS.— 
(1) Prior to the initial obligation of funds, the 
Secretary of State or Administrator of the United 
States Agency for International Development, as ap-
propriate, shall submit to the Committees on Appro-
priations spend plans as described under this section 
in the explanatory statement described in section 4 
(in the matter preceding division A of this consoli-
dated Act). 
(2) Not later than 90 days after the date of en-
actment of this Act, the Secretary of the Treasury 
shall submit to the Committees on Appropriations a 
detailed spend plan for funds made available by this 
Act under the heading ‘‘Department of the Treasury,
1529 
† HR 2617 EAS2 
International Affairs Technical Assistance’’ in title 
III. 
(3) Notwithstanding paragraph (1), up to 10 
percent of the funds contained in a spend plan re-
quired by this subsection may be obligated prior to 
the submission of such spend plan if the Secretary of 
State, the USAID Administrator, or the Secretary of 
the Treasury, as applicable, determines that the obli-
gation of such funds is necessary to avoid significant 
programmatic disruption: Provided, That not less 
than seven days prior to such obligation, the Sec-
retary or Administrator, as appropriate, shall consult 
with the Committees on Appropriations on the jus-
tification for such obligation and the proposed uses of 
such funds. 
(c) CLARIFICATION.—The spend plans referenced in 
subsection (b) shall not be considered as meeting the notifi-
cation requirements in this Act or under section 634A of 
the Foreign Assistance Act of 1961. 
(d) CONGRESSIONAL BUDGET JUSTIFICATION.—The 
congressional budget justification for Department of State 
operations and foreign operations shall be provided to the 
Committees on Appropriations concurrent with the date of 
submission of the President’s budget for fiscal year 2024: 
Provided, That the appendices for such justification shall
1530 
† HR 2617 EAS2 
be provided to the Committees on Appropriations not later 
than 10 calendar days thereafter. 
REORGANIZATION 
SEC. 7063. (a) PRIOR CONSULTATION AND NOTIFICA-
TION.—Funds appropriated by this Act, prior Acts making 
appropriations for the Department of State, foreign oper-
ations, and related programs, or any other Act may not 
be used to implement a reorganization, redesign, or other 
plan described in subsection (b) by the Department of State, 
the United States Agency for International Development, 
or any other Federal department, agency, or organization 
funded by this Act without prior consultation by the head 
of such department, agency, or organization with the appro-
priate congressional committees: Provided, That such funds 
shall be subject to the regular notification procedures of the 
Committees on Appropriations: Provided further, That any 
such notification submitted to such Committees shall in-
clude a detailed justification for any proposed action: Pro-
vided further, That congressional notifications submitted in 
prior fiscal years pursuant to similar provisions of law in 
prior Acts making appropriations for the Department of 
State, foreign operations, and related programs may be 
deemed to meet the notification requirements of this section.
1531 
† HR 2617 EAS2 
(b) DESCRIPTION OF ACTIVITIES.—Pursuant to sub-
section (a), a reorganization, redesign, or other plan shall 
include any action to— 
(1) expand, eliminate, consolidate, or downsize 
covered departments, agencies, or organizations, in-
cluding bureaus and offices within or between such 
departments, agencies, or organizations, including the 
transfer to other agencies of the authorities and re-
sponsibilities of such bureaus and offices; 
(2) expand, eliminate, consolidate, or downsize 
the United States official presence overseas, including 
at bilateral, regional, and multilateral diplomatic fa-
cilities and other platforms; or 
(3) expand or reduce the size of the permanent 
Civil Service, Foreign Service, eligible family mem-
ber, and locally employed staff workforce of the De-
partment of State and USAID from the staffing levels 
previously justified to the Committees on Appropria-
tions for fiscal year 2023. 
DEPARTMENT OF STATE MANAGEMENT 
SEC. 7064. (a) WORKING CAPITAL FUND.—Funds ap-
propriated by this Act or otherwise made available to the 
Department of State for payments to the Working Capital 
Fund that are made available for new service centers, shall
1532 
† HR 2617 EAS2 
be subject to the regular notification procedures of the Com-
mittees on Appropriations. 
(b) CERTIFICATION.— 
(1) COMPLIANCE.—Not later than 45 days after 
the initial obligation of funds appropriated under ti-
tles III and IV of this Act that are made available 
to a Department of State bureau or office with re-
sponsibility for the management and oversight of such 
funds, the Secretary of State shall certify and report 
to the Committees on Appropriations, on an indi-
vidual bureau or office basis, that such bureau or of-
fice is in compliance with Department and Federal 
financial and grants management policies, proce-
dures, and regulations, as applicable. 
(2) CONSIDERATIONS.—When making a certifi-
cation required by paragraph (1), the Secretary of 
State shall consider the capacity of a bureau or office 
to— 
(A) account for the obligated funds at the 
country and program level, as appropriate; 
(B) identify risks and develop mitigation 
and monitoring plans; 
(C) establish performance measures and in-
dicators; 
(D) review activities and performance; and
1533 
† HR 2617 EAS2 
(E) assess final results and reconcile fi-
nances. 
(3) PLAN.—If the Secretary of State is unable to 
make a certification required by paragraph (1), the 
Secretary shall submit a plan and timeline detailing 
the steps to be taken to bring such bureau or office 
into compliance. 
(c) INFORMATION TECHNOLOGY PLATFORM.—None of 
the funds appropriated in title I of this Act under the head-
ing ‘‘Administration of Foreign Affairs’’ may be made 
available for a new major information technology invest-
ment without the concurrence of the Chief Information Offi-
cer, Department of State. 
UNITED STATES AGENCY FOR INTERNATIONAL 
DEVELOPMENT MANAGEMENT 
SEC. 7065. (a) AUTHORITY.—Up to $170,000,000 of 
the funds made available in title III of this Act pursuant 
to or to carry out the provisions of part I of the Foreign 
Assistance Act of 1961, including funds appropriated under 
the heading ‘‘Assistance for Europe, Eurasia and Central 
Asia’’, may be used by the United States Agency for Inter-
national Development to hire and employ individuals in 
the United States and overseas on a limited appointment 
basis pursuant to the authority of sections 308 and 309 of 
the Foreign Service Act of 1980 (22 U.S.C. 3948 and 3949).
1534 
† HR 2617 EAS2 
(b) RESTRICTION.—The authority to hire individuals 
contained in subsection (a) shall expire on September 30, 
2024. 
(c) PROGRAM
ACCOUNT
CHARGED.—The account 
charged for the cost of an individual hired and employed 
under the authority of this section shall be the account to 
which the responsibilities of such individual primarily re-
late: Provided, That funds made available to carry out this 
section may be transferred to, and merged with, funds ap-
propriated by this Act in title II under the heading ‘‘Oper-
ating Expenses’’. 
(d) FOREIGN SERVICE LIMITED EXTENSIONS.—Indi-
viduals hired and employed by USAID, with funds made 
available in this Act or prior Acts making appropriations 
for the Department of State, foreign operations, and related 
programs, pursuant to the authority of section 309 of the 
Foreign Service Act of 1980 (22 U.S.C. 3949), may be ex-
tended for a period of up to 4 years notwithstanding the 
limitation set forth in such section. 
(e) DISASTER SURGE CAPACITY.—Funds appropriated 
under title III of this Act to carry out part I of the Foreign 
Assistance Act of 1961, including funds appropriated under 
the heading ‘‘Assistance for Europe, Eurasia and Central 
Asia’’, may be used, in addition to funds otherwise avail-
able for such purposes, for the cost (including the support
1535 
† HR 2617 EAS2 
costs) of individuals detailed to or employed by USAID 
whose primary responsibility is to carry out programs in 
response to natural disasters, or man-made disasters subject 
to the regular notification procedures of the Committees on 
Appropriations. 
(f) PERSONAL SERVICES CONTRACTORS.—Funds ap-
propriated by this Act to carry out chapter 1 of part I, 
chapter 4 of part II, and section 667 of the Foreign Assist-
ance Act of 1961, and title II of the Food for Peace Act 
(Public Law 83–480; 7 U.S.C. 1721 et seq.), may be used 
by USAID to employ up to 40 personal services contractors 
in the United States, notwithstanding any other provision 
of law, for the purpose of providing direct, interim support 
for new or expanded overseas programs and activities man-
aged by the agency until permanent direct hire personnel 
are hired and trained: Provided, That not more than 15 
of such contractors shall be assigned to any bureau or office: 
Provided further, That such funds appropriated to carry 
out title II of the Food for Peace Act (Public Law 83–480; 
7 U.S.C. 1721 et seq.), may be made available only for per-
sonal services contractors assigned to the Bureau for Hu-
manitarian Assistance. 
(g) SMALL BUSINESS.—In entering into multiple 
award indefinite-quantity contracts with funds appro-
priated by this Act, USAID may provide an exception to
1536 
† HR 2617 EAS2 
the fair opportunity process for placing task orders under 
such contracts when the order is placed with any category 
of small or small disadvantaged business. 
(h) SENIOR FOREIGN SERVICE LIMITED APPOINT-
MENTS.—Individuals hired pursuant to the authority pro-
vided by section 7059(o) of the Department of State, For-
eign Operations, and Related Programs Appropriations 
Act, 2010 (division F of Public Law 111–117) may be as-
signed to or support programs in Afghanistan or Pakistan 
with funds made available in this Act and prior Acts mak-
ing appropriations for the Department of State, foreign op-
erations, and related programs. 
(i) 
CRISIS
OPERATIONS
STAFFING.—Up 
to 
$86,000,000 of the funds made available in title III of this 
Act pursuant to, or to carry out the provisions of, part I 
of the Foreign Assistance Act of 1961 and section 509(b) 
of the Global Fragility Act of 2019 (title V of division J 
of Public Law 116–94) may be made available for the 
United States Agency for International Development to ap-
point and employ personnel in the excepted service to pre-
vent or respond to foreign crises and contexts with growing 
instability: Provided, That functions carried out by per-
sonnel hired under the authority of this subsection shall be 
related to the purpose for which the funds were appro-
priated: Provided further, That such funds are in addition
1537 
† HR 2617 EAS2 
to funds otherwise available for such purposes and may re-
main attributed to any minimum funding requirement for 
which they were originally made available: Provided fur-
ther, That the USAID Administrator shall coordinate with 
the Director of the Office of Personnel Management and con-
sult with the appropriate congressional committees on im-
plementation of this provision. 
STABILIZATION AND DEVELOPMENT IN REGIONS IMPACTED 
BY EXTREMISM AND CONFLICT 
SEC. 7066. (a) PREVENTION
AND STABILIZATION 
FUND.—Of the funds appropriated by this Act under the 
headings ‘‘Economic Support Fund’’, ‘‘International Nar-
cotics Control and Law Enforcement’’, ‘‘Nonproliferation, 
Anti-terrorism, Demining and Related Programs’’, ‘‘Peace-
keeping Operations’’, and ‘‘Foreign Military Financing 
Program’’, not less than $135,000,000 shall be made avail-
able for the Prevention and Stabilization Fund for the pur-
poses enumerated in section 509(a) of the Global Fragility 
Act of 2019 (title V of division J of Public Law 116–94), 
of which $25,000,000 may be made available for the Multi- 
Donor Global Fragility Fund authorized by section 510(c) 
of such Act: Provided, That such funds shall be allocated 
as specified under this section in the explanatory statement 
described in section 4 (in the matter preceding division A 
of this consolidated Act): Provided further, That funds ap-
1538 
† HR 2617 EAS2 
propriated under such headings may be transferred to, and 
merged with, funds appropriated under such headings for 
such purposes: Provided further, That such transfer author-
ity is in addition to any other transfer authority provided 
by this Act or any other Act, and is subject to prior con-
sultation with, and the regular notification procedures of, 
the Committees on Appropriations: Provided further, That 
funds made available pursuant to this subsection that are 
transferred to funds appropriated under the heading ‘‘For-
eign Military Financing Program’’ may remain available 
until September 30, 2024. 
(b) TRANSITIONAL JUSTICE.—Of the funds appro-
priated by this Act under the headings ‘‘Economic Support 
Fund’’ and ‘‘International Narcotics Control and Law En-
forcement’’, not less than $10,000,000 shall be made avail-
able for programs to promote accountability for genocide, 
crimes against humanity, and war crimes, which shall be 
in addition to any other funds made available by this Act 
for such purposes: Provided, That such programs shall in-
clude components to develop local investigative and judicial 
skills, and to collect and preserve evidence and maintain 
the chain of custody of evidence, including for use in pros-
ecutions, and may include the establishment of, and assist-
ance for, transitional justice mechanisms: Provided further, 
That such funds shall be administered by the Ambassador-
1539 
† HR 2617 EAS2 
at-Large for the Office of Global Criminal Justice, Depart-
ment of State, and shall be subject to prior consultation 
with the Committees on Appropriations: Provided further, 
That funds made available by this paragraph shall be made 
available on an open and competitive basis. 
(c) GLOBAL COMMUNITY ENGAGEMENT AND RESIL-
IENCE FUND.—Funds appropriated by this Act and prior 
Acts making appropriations for the Department of State, 
foreign operations, and related programs under the heading 
‘‘Economic Support Fund’’ may be made available to the 
Global Community Engagement and Resilience Fund, in-
cluding as a contribution. 
DEBT-FOR-DEVELOPMENT 
SEC. 7067. In order to enhance the continued partici-
pation of nongovernmental organizations in debt-for-devel-
opment and debt-for-nature exchanges, a nongovernmental 
organization which is a grantee or contractor of the United 
States Agency for International Development may place in 
interest bearing accounts local currencies which accrue to 
that organization as a result of economic assistance pro-
vided under title III of this Act and, subject to the regular 
notification procedures of the Committees on Appropria-
tions, any interest earned on such investment shall be used 
for the purpose for which the assistance was provided to 
that organization.
1540 
† HR 2617 EAS2 
EXTENSION OF CONSULAR FEES AND RELATED 
AUTHORITIES 
SEC. 7068. (a) Section 1(b)(1) of the Passport Act of 
June 4, 1920 (22 U.S.C. 214(b)(1)) shall be applied through 
fiscal year 2023 by substituting ‘‘the costs of providing con-
sular services’’ for ‘‘such costs’’. 
(b) Section 21009 of the Emergency Appropriations for 
Coronavirus Health Response and Agency Operations (divi-
sion B of Public Law 116–136; 134 Stat. 592) shall be ap-
plied during fiscal year 2023 by substituting ‘‘2020 through 
2023’’ for ‘‘2020 and 2021’’. 
(c) Discretionary amounts made available to the De-
partment of State under the heading ‘‘Administration of 
Foreign Affairs’’ of this Act, and discretionary unobligated 
balances under such heading from prior Acts making ap-
propriations for the Department of State, foreign oper-
ations, and related programs, may be transferred to the 
Consular and Border Security Programs account if the Sec-
retary of State determines and reports to the Committees 
on Appropriations that to do so is necessary to sustain con-
sular operations, following consultation with such Commit-
tees: Provided, That such transfer authority is in addition 
to any transfer authority otherwise available in this Act 
and under any other provision of law: Provided further, 
That no amounts may be transferred from amounts des-
1541 
† HR 2617 EAS2 
ignated as an emergency requirement pursuant to a concur-
rent resolution on the budget or the Balanced Budget and 
Emergency Deficit Control Act of 1985. 
(d) In addition to the uses permitted pursuant to sec-
tion 286(v)(2)(A) of the Immigration and Nationality Act 
(8 U.S.C. 1356(v)(2)(A)), for fiscal year 2023, the Secretary 
of State may also use fees deposited into the Fraud Preven-
tion and Detection Account for the costs of providing con-
sular services. 
(e) Amounts provided pursuant to subsection (b) are 
designated by the Congress as being for an emergency re-
quirement 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. 
MANAGEMENT OF INTERNATIONAL TRANSBOUNDARY WATER 
POLLUTION 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 7069. In fiscal year 2023 and in each fiscal year 
thereafter— 
(a) The Administrator of the Environmental Protec-
tion Agency (the ‘‘Administrator’’) may transfer amounts 
made available under the heading ‘‘Environmental Protec-
tion Agency—State and Tribal Assistance Grants’’ in the
1542 
† HR 2617 EAS2 
USMCA Supplemental Appropriations Act, 2019 (title IX 
of Public Law 116–113) to the International Boundary and 
Water Commission, United States and Mexico (the ‘‘Com-
mission’’), by entering into an interagency agreement or 
by awarding a grant, to support the construction of treat-
ment works (as that term is defined in section 212(2) of 
the Federal Water Pollution Control Act (33 U.S.C. 
1292(2))), that will be owned or operated by the Commis-
sion: Provided, That the Commission shall, in consultation 
with the Administrator and subject to the requirements of 
sections 513 and 608 of the Federal Water Pollution Control 
Act (33 U.S.C. 1372 and 1388), use amounts transferred 
pursuant to this section for general, administrative, or 
other costs (including construction management) related to 
the planning, study, design, and construction, of treatment 
works that, as determined by the Commissioner of the Com-
mission, will— 
(1) protect residents in the United States-Mexico 
border region from water pollution resulting from— 
(A) transboundary flows of wastewater, 
stormwater, or other international transbound-
ary water flows originating in Mexico; and 
(B) any inadequacies or breakdowns of 
treatment works in Mexico; and
1543 
† HR 2617 EAS2 
(2) provide treatment of the flows and water pol-
lution described in subparagraph (A) in compliance 
with local, State, and Federal law: Provided, That the 
Commission may also use amounts transferred pursu-
ant to this section to operate and maintain any new 
treatment work constructed, which shall be in addi-
tion to any amounts otherwise available to the Com-
mission for such purposes. 
(b) The Commission is authorized to enter into an 
agreement with the appropriate official or officials of the 
United States and Mexican States for the operation and 
maintenance by the Commission of any new treatment 
works, pursuant to subsection (a): Provided, That such 
agreement shall contain a provision relating to the division 
between the two Governments of the costs of such operation 
and maintenance, or of the works involved there as may 
be recommended by said Commission and approved by the 
Government of Mexico. 
(c) Nothing in this section modifies, amends, repeals, 
or otherwise limits the authority of the Commission 
under— 
(1) the treaty relating to the utilization of the 
waters of the Colorado and Tijuana Rivers, and of the 
Rio Grande (Rio Bravo) from Fort Quitman, Texas, 
to the Gulf of Mexico, and supplementary protocol,
1544 
† HR 2617 EAS2 
signed at Washington February 3, 1944 (59 Stat. 
1219), between the United States and Mexico; or 
(2) any other applicable treaty. 
(d) Funds transferred pursuant to subsection (a) shall 
be subject to the regular notification procedures of the Com-
mittees on Appropriations. 
(e) Amounts repurposed pursuant to this section that 
were previously designated by the Congress as an emergency 
requirement pursuant to the Balanced Budget and Emer-
gency 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 Con-
gress), as engrossed in the House of Representatives on June 
8, 2022. 
WAIVER AUTHORITY 
SEC. 7070. The President may waive section 414 of 
Public Law 101–246 and section 410 of Public Law 103– 
236 with respect to the United Nations Educational, Sci-
entific and Cultural Organization if the President deter-
mines and reports in writing to the Speaker of the House 
of Representatives, the President Pro Tempore of the Senate, 
and the appropriate congressional committees that to do so 
would enable the United States to counter Chinese influence
1545 
† HR 2617 EAS2 
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 member-
ship as a state in the United Nations or any specialized 
agency thereof outside an agreement negotiated between 
Israel and the Palestinians: Provided further, That the au-
thority 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 Organi-
zation 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 ar-
rears, increase other donor contributions, and impose pen-
alties for successive late payment of assessments; (3) prevent 
programmatic and organizational redundancies and con-
solidate duplicative activities and functions; (4) prioritize 
areas in which the OAS has expertise, such as strengthening 
democracy, monitoring electoral processes, and protecting 
human rights; and (5) implement reforms within the Office 
of the Inspector General (OIG) to ensure the OIG has the 
necessary leadership, integrity, professionalism, independ-
ence, policies, and procedures to properly carry out its re-
1546 
† HR 2617 EAS2 
sponsibilities in a manner that meets or exceeds best prac-
tices 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 Sec-
retary of State shall submit a report to the appropriate con-
gressional 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 re-
sults of such actions. 
MULTILATERAL DEVELOPMENT BANKS 
SEC. 7072. (a) INTERNATIONAL DEVELOPMENT ASSO-
CIATION 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 
International Development Association is authorized to con-
tribute 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,
1547 
† HR 2617 EAS2 
without fiscal year limitation, $3,500,000,000 for payment 
by the Secretary of the Treasury.’’. 
(b) ASIAN DEVELOPMENT FUND TWELFTH REPLEN-
ISHMENT.—The Asian Development Bank Act (22 U.S.C. 
285 et seq.) is amended by adding at the end the following 
new section: 
‘‘SEC. 37. TWELFTH REPLENISHMENT. 
‘‘(a) The United States Governor of the Bank is au-
thorized 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 appropria-
tions. 
‘‘(b) In order to pay for the United States contribution 
provided for in subsection (a), there are authorized to be 
appropriated, without fiscal year limitation, $177,440,000 
for payment by the Secretary of the Treasury.’’. 
WAR CRIMES ACCOUNTABILITY 
SEC. 7073. (a) EXCEPTION FOR CERTAIN INVESTIGA-
TIONS.—Section 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 insert-
ing the following: ‘‘Agents.— 
‘‘(1) IN GENERAL.—No agent’’; and 
(2) by adding at the end the following new para-
graph:
1548 
† HR 2617 EAS2 
‘‘(2) EXCEPTION.—The prohibition under para-
graph (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 inter-
national efforts to bring to justice Saddam Hussein, 
Slobodan Milosovic, Osama bin Laden, other members of 
Al Queda, leaders of Islamic Jihad, and other foreign na-
tionals accused of genocide, war crimes or crimes against 
humanity, or from rendering assistance to the International 
Criminal Court to assist with investigations and prosecu-
tions of foreign nationals related to the Situation in 
Ukraine, including to support victims and witnesses. 
‘‘(b) AUTHORITY.—Assistance made available pursu-
ant to subsection (a) of this section may be made available
1549 
† HR 2617 EAS2 
notwithstanding section 705 of the Foreign Relations Au-
thorization Act, Fiscal Year 2000 and 2001 (22 U.S.C. 
7401), except that none of the funds made available pursu-
ant 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 no-
tify the Committees on Appropriations, the Committee on 
Foreign Relations of the Senate, and the Committee on For-
eign 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. 
RESCISSIONS 
(INCLUDING RESCISSIONS OF FUNDS) 
SEC. 7074. (a) MILLENNIUM CHALLENGE CORPORA-
TION.—Of the unobligated balances from amounts made 
available under the heading ‘‘Millennium Challenge Cor-
poration’’ from prior Acts making appropriations for the 
Department of State, foreign operations, and related pro-
grams, $100,000,000 are rescinded.
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(b) EMBASSY SECURITY, CONSTRUCTION, AND MAIN-
TENANCE.—Of the unobligated and unexpended balances 
from amounts available under the heading ‘‘Embassy Secu-
rity, Construction, and Maintenance’’ from prior Acts mak-
ing appropriations for the Department of State, foreign op-
erations, and related programs, $42,000,000 are rescinded. 
(c) CONTRIBUTIONS
FOR
INTERNATIONAL
PEACE-
KEEPING ACTIVITIES.—Of the unobligated and unexpended 
balances from amounts available under the heading ‘‘Con-
tributions for International Peacekeeping 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 Con-
gress as an emergency requirement pursuant to a concur-
rent 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 Appro-
priations Act, 2023’’.
1551 
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DIVISION L—TRANSPORTATION, HOUSING 
AND URBAN DEVELOPMENT, AND RE-
LATED 
AGENCIES 
APPROPRIATIONS 
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 imme-
diate Office of the Secretary; 
(2) $1,277,000 shall be available for the imme-
diate Office of the Deputy Secretary; 
(3) $28,089,000 shall be available for the Office 
of the General Counsel; 
(4) $17,469,000 shall be available for the Office 
of the Under Secretary of Transportation for Policy, 
of which $2,000,000 is for the Office for Multimodal 
Freight Infrastructure and Policy; 
(5) $21,026,000 shall be available for the Office 
of the Assistant Secretary for Budget and Programs; 
(6) $3,968,000 shall be available for the Office of 
the Assistant Secretary for Governmental Affairs;
1552 
† HR 2617 EAS2 
(7) $41,399,000 shall be available for the Office 
of the Assistant Secretary for Administration; 
(8) $5,727,000 shall be available for the Office of 
Public Affairs and Public Engagement; 
(9) $2,312,000 shall be available for the Office of 
the Executive Secretariat; 
(10) $15,533,000 shall be available for the Office 
of Intelligence, Security, and Emergency Response; 
(11) $29,195,000 shall be available for the Office 
of the Chief Information Officer; and 
(12) $1,450,000 shall be available for the Office 
of Tribal Government Affairs: 
Provided further, That the Secretary of Transportation (re-
ferred 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 Sec-
retary: Provided further, That no appropriation for any of-
fice 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 Ap-
propriations: Provided further, That not to exceed $70,000 
shall be for allocation within the Department for official 
reception and representation expenses as the Secretary may 
determine: Provided further, That notwithstanding any
1553 
† HR 2617 EAS2 
other provision of law, there may be credited to this appro-
priation up to $2,500,000 in funds received in user fees. 
RESEARCH AND TECHNOLOGY 
For necessary expenses related to the Office of the As-
sistant 
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—Infra-
structure (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 ex-
pended, funds received from States, counties, municipali-
ties, other public authorities, and private sources for ex-
penses incurred for training: Provided further, That any 
reference in law, regulation, judicial proceedings, or else-
where to the Research and Innovative Technology Adminis-
tration shall continue to be deemed to be a reference to the 
Office of the Assistant Secretary for Research and Tech-
nology of the Department of Transportation. 
NATIONAL INFRASTRUCTURE INVESTMENTS 
(INCLUDING TRANSFER OF FUNDS) 
For necessary expenses to carry out a local and re-
gional project assistance grant program under section 6702 
of title 49, United States Code, $800,000,000, to remain
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† HR 2617 EAS2 
available until expended: Provided, That section 6702(f)(2) 
of title 49, United States Code, shall not apply to amounts 
made available under this heading in this Act: Provided 
further, That of amounts made available under this heading 
in this Act, not less than $20,000,000 shall be awarded to 
projects in historically disadvantaged communities or areas 
of persistent poverty as defined under section 6702(a)(1) 
of title 49, United States Code: Provided further, That sec-
tion 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 plan-
ning, 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 equi-
table geographic distribution of funds, an appropriate bal-
ance in addressing the needs of urban and rural areas, in-
cluding 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
1556 
† HR 2617 EAS2 
amounts to the Administrators of the Federal Aviation Ad-
ministration, the Federal Highway Administration, the 
Federal Transit Administration, the Federal Railroad Ad-
ministration and the Maritime Administration to fund the 
award and oversight of grants and credit assistance made 
under the program authorized under section 6702 of title 
49, United States Code: Provided further, That for amounts 
made available under this heading in this Act, the Sec-
retary 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: Provided, That the Secretary of Transportation 
shall make such amounts available for technical assistance 
and cooperative agreements to develop and implement tech-
nical assistance, planning, and capacity building to im-
prove and foster thriving communities through transpor-
tation improvements: Provided further, That the Secretary 
may enter into cooperative agreements with philanthropic 
entities, non-profit organizations, other Federal agencies, 
State or local governments and their agencies, Indian 
Tribes, or other technical assistance providers, to provide
1557 
† HR 2617 EAS2 
such technical assistance, planning, and capacity building 
to State, local, or Tribal governments, United States terri-
tories, metropolitan planning organizations, transit agen-
cies, or other political subdivisions of State or local govern-
ments: Provided further, That to be eligible for a cooperative 
agreement under this heading, a recipient shall provide as-
sistance to entities described in the preceding proviso on 
engaging in public planning processes with residents, local 
businesses, non-profit organizations, and to the extent prac-
ticable, philanthropic organizations, educational institu-
tions, or other community stakeholders: Provided further, 
That such cooperative agreements shall facilitate the plan-
ning and development of transportation and community re-
vitalization activities supported by the Department of 
Transportation under titles 23, 46, and 49, United States 
Code, that increase mobility, reduce pollution from trans-
portation sources, expand affordable transportation options, 
facilitate efficient land use, preserve or expand jobs, im-
prove housing conditions, enhance connections to health 
care, education, and food security, or improve health out-
comes: 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 experi-
encing disproportionate effects (as defined by Executive
1558 
† HR 2617 EAS2 
Order No. 12898), areas of persistent poverty as defined in 
section 6702(a)(1) of title 49, United States Code, or his-
torically disadvantaged communities: Provided further, 
That the preceding proviso shall not prevent the Secretary 
from providing assistance with amounts made available 
under this heading to entities described in the second pro-
viso under this heading that request assistance through the 
thriving communities program: Provided further, That 
planning and technical assistance made available under 
this heading may include pre-application assistance for 
capital projects eligible under titles 23, 46, and 49, United 
States Code: Provided further, That the Secretary may re-
tain amounts made available under this heading for the 
necessary administrative expenses of (1) developing and 
disseminating best practices, modeling, and cost-benefit 
analysis methodologies to assist entities described in the sec-
ond proviso under this heading with applications for finan-
cial assistance programs under titles 23, 46, and 49, United 
States Code, and (2) award, administration, and oversight 
of cooperative agreements to carry out the provisions under 
this heading: Provided further, That such amounts and 
payments as may be necessary to carry out the thriving 
communities program may be transferred to appropriate 
accounts of other operating administrations within the De-
partment of Transportation: Provided further, That the
1559 
† HR 2617 EAS2 
Secretary shall notify the House and Senate Committees on 
Appropriations not later than 3 business days prior to a 
transfer carried out under the preceding proviso. 
NATIONAL SURFACE TRANSPORTATION AND INNOVATIVE 
FINANCE BUREAU 
For necessary expenses of the National Surface Trans-
portation and Innovative Finance Bureau as authorized by 
49 U.S.C. 116, $8,850,000, to remain available until ex-
pended: Provided, That the Secretary may collect and spend 
fees, as authorized by title 23, United States Code, to cover 
the costs of services of expert firms, including counsel, in 
the field of municipal and project finance to assist in the 
underwriting and servicing of Federal credit instruments 
and all or a portion of the costs to the Federal Government 
of servicing such credit instruments: Provided further, That 
such fees are available until expended to pay for such costs: 
Provided further, That such amounts are in addition to 
other amounts made available for such purposes and are 
not subject to any obligation limitation or the limitation 
on administrative expenses under section 608 of title 23, 
United States Code. 
RAILROAD REHABILITATION AND IMPROVEMENT FINANCING 
PROGRAM 
The Secretary is authorized to issue direct loans and 
loan guarantees pursuant to chapter 224 of title 49, United
1560 
† HR 2617 EAS2 
States Code, and such authority shall exist as long as any 
such direct loan or loan guarantee is outstanding. 
FINANCIAL MANAGEMENT CAPITAL 
For necessary expenses for upgrading and enhancing 
the Department of Transportation’s financial systems and 
re-engineering business processes, $5,000,000, to remain 
available through September 30, 2024. 
CYBER SECURITY INITIATIVES 
For necessary expenses for cyber security initiatives, 
including necessary upgrades to network and information 
technology infrastructure, improvement of identity manage-
ment and authentication capabilities, securing and pro-
tecting data, implementation of Federal cyber security ini-
tiatives, 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 ac-
tivities, and making grants, $36,543,000, to remain avail-
1561 
† HR 2617 EAS2 
able 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 ap-
propriation, to remain available until expended, amounts 
transferred from other Federal agencies for expenses in-
curred under this heading for IIPIC activities not related 
to transportation infrastructure: Provided further, That the 
tools and analysis developed by the IIPIC shall be available 
to other Federal agencies for the permitting and review of 
major infrastructure projects not related to transportation 
only to the extent that other Federal agencies provide fund-
ing to the Department in accordance with the preceding 
proviso: Provided further, That of the amounts made avail-
able under this heading, $12,914,000 shall be made avail-
able for the purposes, and in amounts, specified for Commu-
nity Project Funding/Congressionally Directed Spending in 
the table entitled ‘‘Community Project Funding/Congres-
sionally 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
1562 
† HR 2617 EAS2 
$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: Pro-
vided further, That the limitation in the preceding proviso 
on operating expenses shall not apply to entities external 
to the Department of Transportation or for funds provided 
in Public Law 117–58: Provided further, That no funds 
made available by this Act to an agency of the Department 
shall be transferred to the Working Capital Fund without 
majority approval of the Working Capital Fund Steering 
Committee and approval of the Secretary: Provided further, 
That no assessments may be levied against any program, 
budget activity, subactivity, or project funded by this Act 
unless notice of such assessments and the basis therefor are 
presented to the House and Senate Committees on Appro-
priations 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 re-
lated to any mode of transportation: Provided further, That
1563 
† HR 2617 EAS2 
appropriations made available under this heading shall be 
available for any purpose consistent with prior year appro-
priations that were made available under the heading ‘‘Of-
fice 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 Air-
way Trust Fund, to remain available until expended: Pro-
vided, That in determining between or among carriers com-
peting to provide service to a community, the Secretary 
may consider the relative subsidy requirements of the car-
riers: Provided further, That basic essential air service min-
imum requirements shall not include the 15-passenger ca-
pacity requirement under section 41732(b)(3) of title 49, 
United States Code: Provided further, That amounts au-
thorized to be distributed for the essential air service pro-
gram under section 41742(b) of title 49, United States Code, 
shall be made available immediately from amounts other-
wise provided to the Administrator of the Federal Aviation 
Administration: Provided further, That the Administrator 
may reimburse such amounts from fees credited to the ac-
1564 
† HR 2617 EAS2 
count established under section 45303 of title 49, United 
States Code: Provided further, That, notwithstanding sec-
tion 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 Ap-
propriations Act, 2000, shall not apply to maintain eligi-
bility 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 com-
pleted 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
1565 
† HR 2617 EAS2 
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 Work-
ing Capital Fund is authorized to provide partial or full 
payments in advance and accept subsequent reimburse-
ments 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 sec-
tion 3049 of SAFETEA–LU (5 U.S.C. 7905 note): Pro-
vided, That the Department shall maintain a reasonable 
operating reserve in the Working Capital Fund, to be ex-
pended in advance to provide uninterrupted transit benefits 
to Government employees: Provided further, That such re-
serve shall not exceed 1 month of benefits payable and may 
be used only for the purpose of providing for the continu-
ation 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 Work-
ing Capital Fund, as authorized by section 327 of title 49, 
United States Code, for unused transit and van pool bene-
fits, in an amount not to exceed 10 percent of fiscal year
1566 
† HR 2617 EAS2 
2023 collections, shall be available until expended in the 
Department’s Working Capital Fund to provide contractual 
services in support of section 189 of this Act: Provided, That 
obligations in fiscal year 2023 of such collections shall not 
exceed $1,000,000. 
SEC. 105. None of the funds in this title may be obli-
gated or expended for retention or senior executive bonuses 
for an employee of the Department of Transportation with-
out the prior written approval of the Assistant Secretary 
for Administration. 
SEC. 106. In addition to authority provided by section 
327 of title 49, United States Code, the Department’s Ad-
ministrative Working Capital Fund is hereby authorized to 
transfer information technology equipment, software, and 
systems from Departmental sources or other entities and 
collect and maintain a reserve at rates which will return 
full cost of transferred assets. 
SEC. 107. None of the funds provided in this Act to 
the Department of Transportation may be used to provide 
credit assistance unless not less than 3 days before any ap-
plication approval to provide credit assistance under sec-
tions 603 and 604 of title 23, United States Code, the Sec-
retary provides notification in writing to the following com-
mittees: the House and Senate Committees on Appropria-
tions; the Committee on Environment and Public Works
1567 
† HR 2617 EAS2 
and the Committee on Banking, Housing and Urban Af-
fairs of the Senate; and the Committee on Transportation 
and Infrastructure of the House of Representatives: Pro-
vided, That such notification shall include, but not be lim-
ited to, the name of the project sponsor; a description of 
the project; whether credit assistance will be provided as 
a direct loan, loan guarantee, or line of credit; and the 
amount of credit assistance. 
SEC. 108. For an additional amount for necessary ex-
penses of the Volpe National Transportation Systems Cen-
ter, as authorized in section 328 of title 49, United States 
Code, $4,500,000, to remain available until expended. 
SEC. 109. (a) The remaining unobligated balances, as 
of September 30, 2023, from amounts made available in 
section 157(a) of the Continuing Appropriations Act, 2023 
(division A of Public Law 117–180) are hereby perma-
nently rescinded, and an amount of additional new budget 
authority equivalent to the amount rescinded is hereby ap-
propriated on September 30, 2023, to remain available 
until September 30, 2024, and shall be available, without 
additional competition, for completing the funding of 
awards made pursuant to the fiscal year 2020 national in-
frastructure investments program, in addition to other 
funds as may be available for such purposes.
1568 
† HR 2617 EAS2 
(b) The remaining unobligated balances, as of Sep-
tember 30, 2023, from amounts made available in section 
157(b) of the Continuing Appropriations Act, 2023 (divi-
sion A of Public Law 117–180) are hereby permanently re-
scinded, and an amount of additional new budget authority 
equivalent to the amount rescinded is hereby appropriated 
on September 30, 2023, to remain available until Sep-
tember 30, 2024, and shall be available, without additional 
competition, for completing the funding of awards made 
pursuant to the fiscal year 2019 national infrastructure in-
vestments program, in addition to other funds as may be 
available for such purposes. 
SEC. 109A. (a) Amounts made available to the Sec-
retary of Transportation or the Department of Transpor-
tation’s operating administrations in this Act or in Public 
Law 117–103 for the costs of award, administration, or 
oversight of financial assistance under the programs identi-
fied in subsection (c) may be transferred to the account 
identified in section 801 of division J of Public Law 117– 
58, to remain available until expended, for the necessary 
expenses of award, administration, or oversight of any fi-
nancial assistance programs in the Department of Trans-
portation.
1569 
† HR 2617 EAS2 
(b) Amounts transferred under the authority in this 
section are available in addition to amounts otherwise 
available for such purpose. 
(c) The program from which funds made available 
under this Act or in Public Law 117–103 may be trans-
ferred under subsection (a) is the local and regional project 
assistance program under section 6702 of title 49, United 
States Code. 
SEC. 109B. Of the amounts made available under the 
heading ‘‘National Infrastructure Investments’’, not less 
than $1,000,000 and not greater than $25,000,000 shall be 
available to complete port infrastructure projects that re-
ceived awards from the national infrastructure investments 
program under title I of division G of the Consolidated Ap-
propriations Act, 2019 (Public Law 116–6) or rail infra-
structure projects that received awards from the national 
infrastructure investments program under title I of division 
L of the Consolidated Appropriations Act, 2018 (Public 
Law 115–141): Provided, That an award funded under this 
section may allow the total award to a recipient to be great-
er than $25,000,000: Provided further, That sponsors of 
projects eligible for funds made available under this section 
shall provide sufficient written justification describing, at 
a minimum, the current project cost estimate, why the 
project cannot be completed with the obligated grant
1570 
† HR 2617 EAS2 
amount, and any other relevant information, as determined 
by the Secretary: Provided further, That the allocation 
under the preceding proviso will be for the amounts nec-
essary to cover increases to eligible project costs since the 
grant was obligated, based on the information provided: 
Provided further, That section 200.204 of title 2, Code of 
Federal Regulations, shall not apply to amounts made 
available under this section: Provided further, That the 
amounts made available under this section shall not be part 
of the Federal share of total project costs and shall be up 
to 100 percent: Provided further, That section 6702(c)(3) 
of title 49, United States Code, shall not apply to amounts 
made available under this section: Provided further, That 
section 6702(f) of title 49, United States Code, shall not 
apply to amounts made available under this section: Pro-
vided further, That of amounts made available under this 
section, the Secretary may award to rail infrastructure 
projects only amounts that the Secretary determines are not 
needed to complete port infrastructure projects. 
FEDERAL AVIATION ADMINISTRATION 
OPERATIONS 
(AIRPORT AND AIRWAY TRUST FUND) 
For necessary expenses of the Federal Aviation Admin-
istration, not otherwise provided for, including operations 
and research activities related to commercial space trans-
1571 
† HR 2617 EAS2 
portation, administrative expenses for research and develop-
ment, establishment of air navigation facilities, the oper-
ation (including leasing) and maintenance of aircraft, sub-
sidizing the cost of aeronautical charts and maps sold to 
the public, the lease or purchase of passenger motor vehicles 
for replacement only, $11,915,000,000, to remain available 
until September 30, 2024, of which $9,993,821,000 to be 
derived from the Airport and Airway Trust Fund: Pro-
vided, That of the amounts made available under this head-
ing— 
(1) not less than $1,630,794,000 shall be avail-
able for aviation safety activities; 
(2) $8,812,537,000 shall be available for air traf-
fic organization activities; 
(3) $37,854,000 shall be available for commercial 
space transportation activities; 
(4) $918,049,000 shall be available for finance 
and management activities; 
(5) $65,581,000 shall be available for NextGen 
and operations planning activities; 
(6) $152,509,000 shall be available for security 
and hazardous materials safety activities; and 
(7) $297,676,000 shall be available for staff of-
fices:
1572 
† HR 2617 EAS2 
Provided further, That not to exceed 5 percent of any budget 
activity, except for aviation safety budget activity, may be 
transferred to any budget activity under this heading: Pro-
vided further, That no transfer may increase or decrease 
any appropriation under this heading by more than 5 per-
cent: Provided further, That any transfer in excess of 5 per-
cent shall be treated as a reprogramming of funds under 
section 405 of this Act and shall not be available for obliga-
tion or expenditure except in compliance with the proce-
dures set forth in that section: Provided further, That not 
later than 60 days after the submission of the budget re-
quest, the Administrator of the Federal Aviation Adminis-
tration shall transmit to Congress an annual update to the 
report submitted to Congress in December 2004 pursuant 
to section 221 of the Vision 100-Century of Aviation Reau-
thorization Act (49 U.S.C. 40101 note): Provided further, 
That the amounts made available under this heading shall 
be reduced by $100,000 for each day after 60 days after 
the submission of the budget request that such report has 
not been transmitted to Congress: Provided further, That 
not later than 60 days after the submission of the budget 
request, the Administrator shall transmit to Congress a 
companion report that describes a comprehensive strategy 
for staffing, hiring, and training flight standards and air-
craft certification staff in a format similar to the one uti-
1573 
† HR 2617 EAS2 
lized for the controller staffing plan, including stated attri-
tion estimates and numerical hiring goals by fiscal year: 
Provided further, That the amounts made available under 
this heading shall be reduced by $100,000 for each day after 
the date that is 60 days after the submission of the budget 
request that such report has not been submitted to Congress: 
Provided further, That funds may be used to enter into a 
grant agreement with a nonprofit standard-setting organi-
zation to assist in the development of aviation safety stand-
ards: Provided further, That none of the funds made avail-
able by this Act shall be available for new applicants for 
the second career training program: Provided further, That 
none of the funds made available by this Act shall be avail-
able for the Federal Aviation Administration to finalize or 
implement any regulation that would promulgate new avia-
tion user fees not specifically authorized by law after the 
date of the enactment of this Act: Provided further, That 
there may be credited to this appropriation, as offsetting 
collections, funds received from States, counties, munici-
palities, foreign authorities, other public authorities, and 
private sources for expenses incurred in the provision of 
agency services, including receipts for the maintenance and 
operation of air navigation facilities, and for issuance, re-
newal or modification of certificates, including airman, 
aircraft, and repair station certificates, or for tests related
1574 
† HR 2617 EAS2 
thereto, or for processing major repair or alteration forms: 
Provided further, That of the amounts made available 
under this heading, not less than $187,800,000 shall be used 
to fund direct operations of the current air traffic control 
towers in the contract tower program, including the con-
tract tower cost share program, and any airport that is 
currently qualified or that will qualify for the program dur-
ing the fiscal year: Provided further, That none of the funds 
made available by this Act for aeronautical charting and 
cartography are available for activities conducted by, or co-
ordinated through, the Working Capital Fund: Provided 
further, That none of the funds appropriated or otherwise 
made available by this Act or any other Act may be used 
to eliminate the Contract Weather Observers program at 
any airport. 
FACILITIES AND EQUIPMENT 
(AIRPORT AND AIRWAY TRUST FUND) 
For necessary expenses, not otherwise provided for, for 
acquisition, establishment, technical support services, im-
provement by contract or purchase, and hire of national 
airspace systems and experimental facilities and equip-
ment, as authorized under part A of subtitle VII of title 
49, United States Code, including initial acquisition of nec-
essary sites by lease or grant; engineering and service test-
ing, including construction of test facilities and acquisition
1575 
† HR 2617 EAS2 
of necessary sites by lease or grant; construction and fur-
nishing of quarters and related accommodations for officers 
and employees of the Federal Aviation Administration sta-
tioned 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 de-
rived from the Airport and Airway Trust Fund, 
$2,945,000,000, of which $570,000,000 is for personnel and 
related expenses and shall remain available until September 
30, 2024, $2,221,200,000 shall remain available until Sep-
tember 30, 2025, and $153,800,000 is for terminal facilities 
and shall remain available until September 30, 2027: Pro-
vided, That there may be credited to this appropriation 
funds received from States, counties, municipalities, other 
public authorities, and private sources, for expenses in-
curred in the establishment, improvement, and moderniza-
tion of national airspace systems: Provided further, That 
not later than 60 days after submission of the budget re-
quest, the Secretary of Transportation shall transmit to the 
Congress an investment plan for the Federal Aviation Ad-
ministration which includes funding for each budget line 
item for fiscal years 2024 through 2028, with total funding 
for each year of the plan constrained to the funding targets 
for those years as estimated and approved by the Office of
1576 
† HR 2617 EAS2 
Management and Budget: Provided further, That section 
405 of this Act shall apply to amounts made available 
under this heading in title VIII of the Infrastructure Invest-
ments and Jobs Appropriations Act (division J of Public 
Law 117–58): Provided further, That the amounts in the 
table entitled ‘‘Allocation of Funds for FAA Facilities and 
Equipment from the Infrastructure Investment and Jobs 
Act—Fiscal Year 2023’’ in the explanatory statement de-
scribed in section 4 (in the matter preceding division A of 
this consolidated Act) shall be the baseline for application 
of reprogramming and transfer authorities for the current 
fiscal year pursuant to paragraph (7) of such section 405 
for amounts referred to in the preceding proviso: Provided 
further, That, notwithstanding paragraphs (5) and (6) of 
such section 405, unless prior approval is received from the 
House and Senate Committees on Appropriations, not to 
exceed 10 percent of any funding level specified for projects 
and activities in the table referred to in the preceding pro-
viso may be transferred to any other funding level specified 
for projects and activities in such table and no transfer of 
such funding levels may increase or decrease any funding 
level in such table by more than 10 percent: Provided fur-
ther, That of the amounts made available under this head-
ing for terminal facilities, $45,000,000 shall be made avail-
able for the purposes, and in amounts, specified for Commu-
1577 
† HR 2617 EAS2 
nity Project Funding/Congressionally Directed Spending in 
the table entitled ‘‘Community Project Funding/Congres-
sionally Directed Spending’’ included in the explanatory 
statement described in section 4 (in the matter preceding 
division A of this consolidated Act). 
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 acqui-
sition of necessary sites by lease or grant, $255,000,000, to 
be derived from the Airport and Airway Trust Fund and 
to remain available until September 30, 2025: Provided, 
That there may be credited to this appropriation as offset-
ting collections, funds received from States, counties, mu-
nicipalities, other public authorities, and private sources, 
which shall be available for expenses incurred for research, 
engineering, and development: Provided further, That 
amounts made available under this heading shall be used 
in accordance with the explanatory statement described in 
section 4 (in the matter preceding division A of this consoli-
dated Act): Provided further, That not to exceed 10 percent 
of any funding level specified under this heading in the ex-
planatory statement described in section 4 (in the matter
1578 
† HR 2617 EAS2 
preceding division A of this consolidated Act) may be trans-
ferred to any other funding level specified under this head-
ing in the explanatory statement described in section 4 (in 
the matter preceding division A of this consolidated Act): 
Provided further, That no transfer may increase or decrease 
any funding level by more than 10 percent: Provided fur-
ther, That any transfer in excess of 10 percent shall be treat-
ed as a reprogramming of funds under section 405 of this 
Act and shall not be available for obligation or expenditure 
except in compliance with the procedures set forth in that 
section. 
GRANTS-IN-AID FOR AIRPORTS 
(LIQUIDATION OF CONTRACT AUTHORIZATION) 
(LIMITATION ON OBLIGATIONS) 
(AIRPORT AND AIRWAY TRUST FUND) 
(INCLUDING TRANSFER OF FUNDS) 
For liquidation of obligations incurred for grants-in- 
aid for airport planning and development, and noise com-
patibility planning and programs as authorized under sub-
chapter I of chapter 471 and subchapter I of chapter 475 
of title 49, United States Code, and under other law author-
izing such obligations; for procurement, installation, and 
commissioning of runway incursion prevention devices and 
systems at airports of such title; for grants authorized under 
section 41743 of title 49, United States Code; and for in-
1579 
† HR 2617 EAS2 
spection activities and administration of airport safety pro-
grams, including those related to airport operating certifi-
cates under section 44706 of title 49, United States Code, 
$3,350,000,000, to be derived from the Airport and Airway 
Trust Fund and to remain available until expended: Pro-
vided, That none of the amounts made available under this 
heading shall be available for the planning or execution of 
programs the obligations for which are in excess of 
$3,350,000,000, in fiscal year 2023, notwithstanding sec-
tion 47117(g) of title 49, United States Code: Provided fur-
ther, That none of the amounts made available under this 
heading shall be available for the replacement of baggage 
conveyor systems, reconfiguration of terminal baggage 
areas, or other airport improvements that are necessary to 
install bulk explosive detection systems: Provided further, 
That notwithstanding section 47109(a) of title 49, United 
States Code, the Government’s share of allowable project 
costs under paragraph (2) of such section for subgrants or 
paragraph (3) of such section shall be 95 percent for a 
project at other than a large or medium hub airport that 
is a successive phase of a multi-phased construction project 
for which the project sponsor received a grant in fiscal year 
2011 for the construction project: Provided further, That 
notwithstanding any other provision of law, of amounts 
limited under this heading, not less than $137,372,000 shall
1580 
† HR 2617 EAS2 
be available for administration, $15,000,000 shall be avail-
able for the Airport Cooperative Research Program, 
$40,828,000 shall be available for Airport Technology Re-
search, and $10,000,000, to remain available until ex-
pended, shall be available and transferred to ‘‘Office of the 
Secretary, Salaries and Expenses’’ to carry out the Small 
Community Air Service Development Program: Provided 
further, That in addition to airports eligible under section 
41743 of title 49, United States Code, such program may 
include the participation of an airport that serves a com-
munity or consortium that is not larger than a small hub 
airport, according to FAA hub classifications effective at 
the time the Office of the Secretary issues a request for pro-
posals. 
GRANTS-IN-AID FOR AIRPORTS 
For an additional amount for ‘‘Grants-In-Aid for Air-
ports’’, to enable the Secretary of Transportation to make 
grants for projects as authorized by subchapter 1 of chapter 
471 and subchapter 1 of chapter 475 of title 49, United 
States Code, $558,555,000, to remain available through 
September 30, 2025: Provided, That amounts made avail-
able under this heading shall be derived from the general 
fund, and such funds shall not be subject to apportionment 
formulas, special apportionment categories, or minimum 
percentages under chapter 471 of title 49, United States
1581 
† HR 2617 EAS2 
Code: Provided further, That of the sums appropriated 
under this heading— 
(1) $283,555,000 shall be made available for the 
purposes, and in amounts, specified for Community 
Project Funding/Congressionally Directed Spending 
in the table entitled ‘‘Community Project Funding/ 
Congressionally Directed Spending’’ included in the 
explanatory statement described in section 4 (in the 
matter preceding division A of this consolidated Act); 
and 
(2) up to $275,000,000 shall be made available 
to the Secretary to distribute as discretionary grants 
to airports, of which not less than $25,000,000 shall 
be made available to any commercial service airport, 
notwithstanding the requirement for the airport to be 
located in an air quality nonattainment or mainte-
nance area in section 47102(3)(K) and 47102(3)(L) 
of title 49, United States Code, for work necessary to 
construct or modify airport facilities to provide low- 
emission fuel systems, gate electrification, other re-
lated air quality improvements, acquisition of air-
port-owned vehicles or ground support equipment 
with low-emission technology: 
Provided further, That the Secretary may make discre-
tionary grants to primary airports for airport-owned infra-
1582 
† HR 2617 EAS2 
structure required for the on-airport distribution, blending, 
or storage of sustainable aviation fuels that achieve at least 
a 50 percent reduction in lifecycle greenhouse gas emissions, 
using a methodology determined by the Secretary, includ-
ing, but not limited to, on-airport construction or expan-
sion of pipelines, rail lines and spurs, loading and off-load-
ing facilities, blending facilities, and storage tanks: Pro-
vided further, That the Secretary may make discretionary 
grants for airport development improvements of primary 
runways, taxiways, and aprons necessary at a nonhub, 
small hub, medium hub, or large hub airport to increase 
operational resilience for the purpose of resuming commer-
cial service flight operations following an earthquake, flood-
ing, high water, hurricane, storm surge, tidal wave, tor-
nado, tsunami, wind driven water, or winter storms: Pro-
vided further, That the amounts made available under this 
heading shall not be subject to any limitation on obligations 
for the Grants-in-Aid for Airports program set forth in any 
Act: Provided further, That the Administrator of the Fed-
eral Aviation Administration may retain up to 0.5 percent 
of the amounts made available under this heading to fund 
the award and oversight by the Administrator of grants 
made under this heading.
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ADMINISTRATIVE PROVISIONS—FEDERAL AVIATION 
ADMINISTRATION 
SEC. 110. None of the funds made available by this 
Act may be used to compensate in excess of 600 technical 
staff-years under the federally funded research and develop-
ment center contract between the Federal Aviation Admin-
istration and the Center for Advanced Aviation Systems 
Development during fiscal year 2023. 
SEC. 111. None of the funds made available by this 
Act shall be used to pursue or adopt guidelines or regula-
tions requiring airport sponsors to provide to the Federal 
Aviation Administration without cost building construc-
tion, maintenance, utilities and expenses, or space in air-
port sponsor-owned buildings for services relating to air 
traffic control, air navigation, or weather reporting: Pro-
vided, That the prohibition on the use of funds in this sec-
tion does not apply to negotiations between the agency and 
airport sponsors to achieve agreement on ‘‘below-market’’ 
rates for these items or to grant assurances that require air-
port sponsors to provide land without cost to the Federal 
Aviation Administration for air traffic control facilities. 
SEC. 112. The Administrator of the Federal Aviation 
Administration may reimburse amounts made available to 
satisfy section 41742(a)(1) of title 49, United States Code, 
from fees credited under section 45303 of title 49, United
1584 
† HR 2617 EAS2 
States Code, and any amount remaining in such account 
at the close of any fiscal year may be made available to 
satisfy section 41742(a)(1) of title 49, United States Code, 
for the subsequent fiscal year. 
SEC. 113. Amounts collected under section 40113(e) of 
title 49, United States Code, shall be credited to the appro-
priation current at the time of collection, to be merged with 
and available for the same purposes as such appropriation. 
SEC. 114. None of the funds made available by this 
Act shall be available for paying premium pay under sec-
tion 5546(a) of title 5, United States Code, to any Federal 
Aviation Administration employee unless such employee ac-
tually performed work during the time corresponding to 
such premium pay. 
SEC. 115. None of the funds made available by this 
Act may be obligated or expended for an employee of the 
Federal Aviation Administration to purchase a store gift 
card or gift certificate through use of a Government-issued 
credit card. 
SEC. 116. Notwithstanding any other provision of law, 
none of the funds made available under this Act or any 
prior Act may be used to implement or to continue to im-
plement any limitation on the ability of any owner or oper-
ator of a private aircraft to obtain, upon a request to the 
Administrator of the Federal Aviation Administration, a
1585 
† HR 2617 EAS2 
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 move-
ments, except data made available to a Government agency, 
for the noncommercial flights of that owner or operator. 
SEC. 117. None of the funds made available by this 
Act shall be available for salaries and expenses of more than 
nine political and Presidential appointees in the Federal 
Aviation Administration. 
SEC. 118. None of the funds made available by this 
Act may be used to increase fees pursuant to section 44721 
of title 49, United States Code, until the Federal Aviation 
Administration provides to the House and Senate Commit-
tees on Appropriations a report that justifies all fees related 
to aeronautical navigation products and explains how such 
fees are consistent with Executive Order No. 13642. 
SEC. 119. None of the funds made available by this 
Act may be used to close a regional operations center of 
the Federal Aviation Administration or reduce its services 
unless the Administrator notifies the House and Senate 
Committees on Appropriations not less than 90 full business 
days in advance.
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† HR 2617 EAS2 
SEC. 119A. None of the funds made available by or 
limited by this Act may be used to change weight restric-
tions or prior permission rules at Teterboro airport in 
Teterboro, New Jersey. 
SEC. 119B. None of the funds made available by this 
Act may be used by the Administrator of the Federal Avia-
tion Administration to withhold from consideration and 
approval any new application for participation in the Con-
tract Tower Program, or for reevaluation of Cost-share Pro-
gram participants so long as the Federal Aviation Adminis-
tration has received an application from the airport, and 
so long as the Administrator determines such tower is eligi-
ble using the factors set forth in Federal Aviation Adminis-
tration published establishment criteria. 
SEC. 119C. None of the funds made available by this 
Act may be used to open, close, redesignate as a lesser office, 
or reorganize a regional office, the aeronautical center, or 
the technical center unless the Administrator submits a re-
quest for the reprogramming of funds under section 405 of 
this Act. 
SEC. 119D. The Federal Aviation Administration Ad-
ministrative 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.
1587 
† HR 2617 EAS2 
SEC. 119E. None of the funds appropriated or other-
wise 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 Octo-
ber 5, 2018 and ending on December 31, 2021; or 
(2) on or after January 1, 2022 for transferor 
airports located in a non-contiguous States. 
SEC. 119F. Of the funds provided under the heading 
‘‘Grants-in-aid for Airports’’, up to $3,500,000 shall be for 
necessary expenses, including an independent verification 
regime, to provide reimbursement to airport sponsors that 
do not provide gateway operations and providers of general 
aviation ground support services, or other aviation tenants, 
located at those airports closed during a temporary flight 
restriction (TFR) for any residence of the President that 
is designated or identified to be secured by the United States 
Secret Service, and for direct and incremental financial 
losses incurred while such airports are closed solely due to 
the actions of the Federal Government: Provided, That no 
funds shall be obligated or distributed to airport sponsors 
that do not provide gateway operations and providers of
1588 
† HR 2617 EAS2 
general aviation ground support services until an inde-
pendent audit is completed: Provided further, That losses 
incurred as a result of violations of law, or through fault 
or negligence, of such operators and service providers or of 
third parties (including airports) are not eligible for reim-
bursements: Provided further, That obligation and expendi-
ture of funds are conditional upon full release of the United 
States Government for all claims for financial losses result-
ing from such actions. 
FEDERAL HIGHWAY ADMINISTRATION 
LIMITATION ON ADMINISTRATIVE EXPENSES 
(HIGHWAY TRUST FUND) 
(INCLUDING TRANSFER OF FUNDS) 
Not to exceed $473,535,991 together with advances and 
reimbursements received by the Federal Highway Adminis-
tration, shall be obligated for necessary expenses for admin-
istration and operation of the Federal Highway Adminis-
tration: Provided, That in addition, $3,248,000 shall be 
transferred to the Appalachian Regional Commission in ac-
cordance with section 104(a) of title 23, United States Code. 
FEDERAL-AID HIGHWAYS 
(LIMITATION ON OBLIGATIONS) 
(HIGHWAY TRUST FUND) 
Funds available for the implementation or execution 
of authorized Federal-aid highway and highway safety con-
1589 
† HR 2617 EAS2 
struction programs shall not exceed total obligations of 
$58,764,510,674 for fiscal year 2023: Provided, That the 
limitation on obligations under this heading shall only 
apply to contract authority authorized from the Highway 
Trust Fund (other than the Mass Transit Account), unless 
otherwise specified in law. 
(LIQUIDATION OF CONTRACT AUTHORIZATION) 
(HIGHWAY TRUST FUND) 
For the payment of obligations incurred in carrying 
out authorized Federal-aid highway and highway safety 
construction programs, $59,503,510,674 shall be derived 
from the Highway Trust Fund (other than the Mass Transit 
Account), to remain available until expended. 
HIGHWAY INFRASTRUCTURE PROGRAMS 
(INCLUDING TRANSFER OF FUNDS) 
There is hereby appropriated to the Secretary 
$3,417,811,613: Provided, That the funds made available 
under this heading shall be derived from the general fund, 
shall be in addition to any funds provided for fiscal year 
2023 in this or any other Act for: (1) ‘‘Federal-aid High-
ways’’ under chapter 1 of title 23, United States Code; (2) 
the Appalachian Development Highway System as author-
ized under section 1069(y) of Public Law 102–240; (3) the 
nationally significant Federal lands and Tribal projects 
program under section 1123 of the FAST Act, as amended
1590 
† HR 2617 EAS2 
(23 U.S.C. 201 note); (4) the Northern Border Regional 
Commission (40 U.S.C. 15101 et seq.); or (5) the Denali 
Commission, and shall not affect the distribution or amount 
of funds provided in any other Act: Provided further, That, 
except for funds made available under this heading for the 
Northern Border Regional Commission and the Denali 
Commission, section 11101(e) of Public Law 117–58 shall 
apply to funds made available under this heading: Provided 
further, That unless otherwise specified, amounts made 
available under this heading shall be available until Sep-
tember 30, 2026, and shall not be subject to any limitation 
on obligations for Federal-aid highways or highway safety 
construction programs set forth in any Act making annual 
appropriations: Provided further, That of the sums appro-
priated under this heading— 
(1) $1,862,811,613 shall be for the purposes, and 
in the amounts, specified for Community Project 
Funding/Congressionally Directed Spending in the 
table entitled ‘‘Community Project Funding/Congres-
sionally Directed Spending’’ included in the explana-
tory statement described in section 4 (in the matter 
preceding division A of this consolidated Act): Pro-
vided, That, except as otherwise provided under this 
heading, the funds made available under this para-
graph shall be administered as if apportioned under
1591 
† HR 2617 EAS2 
chapter 1 of title 23, United States Code: Provided 
further, That funds made available under this para-
graph that are used for Tribal projects shall be ad-
ministered as if allocated under chapter 2 of title 23, 
United States Code, except that the set-asides de-
scribed in subparagraph (C) of section 202(b)(3) of 
title 23, United States Code, and subsections (a)(6), 
(c), and (e) of section 202 of such title, and section 
1123(h)(1) of MAP–21 (as amended by Public Law 
117–58), shall not apply to such funds; 
(2) $100,000,000 shall be for necessary expenses 
for construction of the Appalachian Development 
Highway System, as authorized under section 
1069(y) of Public Law 102–240: Provided, That for 
the purposes of funds made available under this para-
graph, the term ‘‘Appalachian State’’ means a State 
that contains 1 or more counties (including any polit-
ical subdivision located within the area) in the Appa-
lachian region as defined in section 14102(a) of title 
40, United States Code: Provided further, That funds 
made available under this heading for construction of 
the Appalachian Development Highway System shall 
remain available until expended: Provided further, 
That, except as provided in the following proviso, 
funds made available under this heading for construc-
1592 
† HR 2617 EAS2 
tion of the Appalachian Development Highway Sys-
tem shall be administered as if apportioned under 
chapter 1 of title 23, United States Code: Provided 
further, That a project carried out with funds made 
available under this heading for construction of the 
Appalachian Development Highway System shall be 
carried out in the same manner as a project under 
section 14501 of title 40, United States Code: Pro-
vided further, That subject to the following proviso, 
funds made available under this heading for construc-
tion of the Appalachian Development Highway Sys-
tem shall be apportioned to Appalachian States ac-
cording to the percentages derived from the 2012 Ap-
palachian Development Highway System Cost-to- 
Complete Estimate, adopted in Appalachian Regional 
Commission Resolution Number 736, and confirmed 
as each Appalachian State’s relative share of the esti-
mated remaining need to complete the Appalachian 
Development Highway System, adjusted to exclude 
those corridors that such States have no current plans 
to complete, as reported in the 2013 Appalachian De-
velopment Highway System Completion Report, un-
less those States have modified and assigned a higher 
priority for completion of an Appalachian Develop-
ment Highway System corridor, as reported in the
1593 
† HR 2617 EAS2 
2020 Appalachian Development Highway System Fu-
ture Outlook: Provided further, That the Secretary 
shall adjust apportionments made under the pre-
ceding proviso so that no Appalachian State shall be 
apportioned an amount in excess of 30 percent of the 
amount made available for construction of the Appa-
lachian Development Highway System under this 
heading: Provided further, That the Secretary shall 
consult with the Appalachian Regional Commission 
in making adjustments under the preceding two pro-
visos: Provided further, That the Federal share of the 
costs for which an expenditure is made for construc-
tion of the Appalachian Development Highway Sys-
tem under this heading shall be up to 100 percent; 
(3) $40,000,000 shall be for the nationally sig-
nificant Federal lands and Tribal projects program 
under section 1123 of the FAST Act (23 U.S.C. 201 
note), of which not less than $20,000,000 shall be for 
competitive grants to tribal governments; 
(4) $12,000,000 shall be for the regional infra-
structure accelerator demonstration program author-
ized under section 1441 of the FAST Act (23 U.S.C. 
601 note): Provided, That for funds made available 
under this paragraph, the Federal share of the costs
1595 
† HR 2617 EAS2 
National Academy of Sciences, transportation agen-
cies, or nonprofit organizations, to examine the im-
pacts of culverts, roads, and bridges on threatened or 
endangered salmon populations: Provided, That, for 
funds made available under this paragraph, the Fed-
eral share of the costs of an activity carried out with 
such funds shall be 80 percent: Provided further, 
That, except as otherwise provided under this head-
ing, the funds made available under this paragraph 
shall be administered as if authorized under chapter 
5 of title 23, United States Code; 
(9) $1,145,000,000 shall be for a bridge replace-
ment and rehabilitation program: Provided, That, for 
the purposes of funds made available under this para-
graph, the term ‘‘State’’ means any of the 50 States 
or the District of Columbia and the term ‘‘qualifying 
State’’ means any State in which the percentage of 
total deck area of bridges classified as in poor condi-
tion in such State is at least 5 percent or in which 
the percentage of total bridges classified as in poor 
condition in such State is at least 5 percent: Provided 
further, That, of the funds made available under this 
paragraph, the Secretary shall reserve $6,000,000 for 
each State that does not meet the definition of a 
qualifying State: Provided further, That, after mak-
1596 
† HR 2617 EAS2 
ing the reservations under the preceding proviso, the 
Secretary shall distribute the remaining funds made 
available under this paragraph to each qualifying 
State by the proportion that the percentage of total 
deck area of bridges classified as in poor condition in 
such qualifying State bears to the sum of the percent-
ages of total deck area of bridges classified as in poor 
condition in all qualifying States: Provided further, 
That, of the funds made available under this para-
graph— 
(A) no qualifying State shall receive more 
than $60,000,000; 
(B) each State shall receive an amount not 
less than $6,000,000; and 
(C) after calculating the distribution of 
funds pursuant to the preceding proviso, any 
amount in excess of $60,000,000 shall be redis-
tributed equally among each State that does not 
meet the definition of a qualifying State: 
Provided further, That the funds made available 
under this paragraph shall be used for highway 
bridge replacement or rehabilitation projects on pub-
lic roads: Provided further, That for purposes of this 
paragraph, the Secretary shall calculate the percent-
ages of total deck area of bridges (including the per-
1597 
† HR 2617 EAS2 
centages of total deck area classified as in poor condi-
tion) and the percentages of total bridge counts (in-
cluding the percentages of total bridges classified as 
in poor condition) based on the National Bridge In-
ventory as of December 31, 2018: Provided further, 
That, except as otherwise provided under this head-
ing, the funds made available under this paragraph 
shall be administered as if apportioned under chapter 
1 of title 23, United States Code; 
(10) $15,000,000 shall be transferred to the 
Northern Border Regional Commission (40 U.S.C. 
15101 et seq.) to make grants, in addition to amounts 
otherwise made available to the Northern Border Re-
gional Commission for such purpose, to carry out 
pilot projects that demonstrate the capabilities of 
wood-based infrastructure projects: Provided, That a 
grant made with funds made available under this 
paragraph shall be administered in the same manner 
as a grant made under subtitle V of title 40, United 
States Code; 
(11) $150,000,000 shall be for competitive 
awards for activities eligible under section 176(d)(4) 
of title 23, United States Code, of which $125,000,000 
shall be for such activities eligible under subpara-
graph (A) of such section, and of which $25,000,000
1598 
† HR 2617 EAS2 
shall be for such activities eligible under subpara-
graph (C) of such section: Provided, That, except as 
otherwise provided under this heading, the funds 
made available under this paragraph shall be admin-
istered as if apportioned under chapter 1 of title 23, 
United States Code: Provided further, That, except as 
otherwise provided under this heading, funds made 
available under this paragraph shall be administered 
as if made available to carry out section 176(d) of 
such title: Provided further, That, for purposes of the 
calculation under section 176(d)(5)(G)(ii) of such 
title, amounts made available under this paragraph 
shall be included in the calculation of the total 
amount provided for fiscal year 2023 under section 
176(d) of such title: Provided further, That for pur-
poses of applying the set-asides under section 
176(d)(5)(H)(ii) and (iii) of such title, amounts made 
available under this paragraph for competitive 
awards 
for 
activities 
eligible 
under 
sections 
176(d)(4)(A) and 176(d)(4)(C) of such title shall be 
included in the calculation of the amounts made 
available to carry out section 176(d) of such title for 
fiscal year 2023: Provided further, That, the Sec-
retary may retain not more than a total of 5 percent 
of the amounts made available under this paragraph
1599 
† HR 2617 EAS2 
to carry out this paragraph and to review applica-
tions for grants under this paragraph, and may 
transfer portions of the funds retained under this pro-
viso to the relevant Administrators to fund the award 
and oversight of grants provided under this para-
graph: Provided further, That a project assisted with 
funds made available under this paragraph shall be 
treated as a project on a Federal-aid highway; 
(12) $5,000,000 shall be transferred to the Denali 
Commission for activities eligible under section 307(e) 
of the Denali Commission Act of 1998 (42 U.S.C. 
3121 note; Public Law 105–277): Provided, That 
funds made available under this paragraph shall not 
be subject to section 311 of such Act: Provided further, 
That except as otherwise provided under section 
307(e) of such Act or this heading, funds made avail-
able under this paragraph shall be administered as if 
directly appropriated to the Denali Commission and 
subject to applicable provisions of such Act, including 
the requirement in section 307(e) of such Act that the 
local community provides a 10 percent non-Federal 
match in the form of any necessary land or planning 
and design funds: Provided further, That such funds 
shall be available until expended: Provided further, 
That the Federal share of the costs for which an ex-
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penditure is made with funds transferred under this 
paragraph shall be up to 90 percent; and 
(13) $15,000,000 shall be transferred to the 
Denali Commission to carry out the Denali Access 
System Program under section 309 of the Denali 
Commission Act of 1998 (42 U.S.C. 3121 note; Public 
Law 105–277): Provided, That a transfer under this 
paragraph shall not be subject to section 311 of such 
Act: Provided further, That except as otherwise pro-
vided under this heading, funds made available under 
this paragraph shall be administered as if directly 
appropriated to the Denali Commission and subject 
to applicable provisions of such Act: Provided further, 
That funds made available under this paragraph 
shall not be subject to section 309(j)(2) of such Act: 
Provided further, That funds made available under 
this paragraph shall be available until expended: Pro-
vided further, That the Federal share of the costs for 
which an expenditure is made with funds transferred 
under this paragraph shall be up to 100 percent. 
ADMINISTRATIVE PROVISIONS—FEDERAL HIGHWAY 
ADMINISTRATION 
SEC. 120. (a) For fiscal year 2023, the Secretary of 
Transportation shall—
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(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 con-
struction programs for previous fiscal years the 
funds for which are allocated by the Secretary 
(or apportioned by the Secretary under section 
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 dis-
tributed under paragraphs (1) and (2) of this 
subsection; bears to
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(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 pro-
visions of law described in paragraphs (1) 
through (11) of subsection (b) and sums author-
ized to be appropriated for section 119 of title 
23, United States Code, equal to the amount re-
ferred to in subsection (b)(12) for such fiscal 
year), less the aggregate of the amounts not dis-
tributed under paragraphs (1) and (2) of this 
subsection; 
(4) distribute the obligation limitation for Fed-
eral-aid highways, less the aggregate amounts not dis-
tributed 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 Sec-
retary under section 202 or 204 of title 23, United 
States Code, by multiplying— 
(A) the proportion determined under para-
graph (3); by
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(B) the amounts authorized to be appro-
priated for each such program for such fiscal 
year; and 
(5) distribute the obligation limitation for Fed-
eral-aid highways, less the aggregate amounts not dis-
tributed under paragraphs (1) and (2) and the 
amounts distributed under paragraph (4), for Fed-
eral-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 Per-
formance Program in section 119 of title 23, United 
States Code, that are exempt from the limitation 
under subsection (b)(12) and the amounts appor-
tioned 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 ap-
portioned under title 23, United States Code, to 
all States for such fiscal year.
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(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 As-
sistance Act of 1978 (23 U.S.C. 144 note; 92 Stat. 
2714); 
(3) section 9 of the Federal-Aid Highway Act of 
1981 (95 Stat. 1701); 
(4) subsections (b) and (j) of section 131 of the 
Surface Transportation Assistance Act of 1982 (96 
Stat. 2119); 
(5) subsections (b) and (c) of section 149 of the 
Surface Transportation and Uniform Relocation As-
sistance 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);
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(9) Federal-aid highway programs for which ob-
ligation 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 ex-
tent that the obligation authority has not lapsed or 
been used; 
(10) section 105 of title 23, United States Code 
(as in effect for fiscal years 2005 through 2012, but 
only in an amount equal to $639,000,000 for each of 
those fiscal years); 
(11) section 1603 of SAFETEA–LU (23 U.S.C. 
118 note; 119 Stat. 1248), to the extent that funds ob-
ligated in accordance with that section were not sub-
ject to a limitation on obligations at the time at 
which the funds were initially made available for ob-
ligation; and 
(12) section 119 of title 23, United States Code 
(but, for each of fiscal years 2013 through 2023, only 
in an amount equal to $639,000,000). 
(c) REDISTRIBUTION OF UNUSED OBLIGATION AU-
THORITY.—Notwithstanding subsection (a), the Secretary 
shall, after August 1 of such fiscal year— 
(1) revise a distribution of the obligation limita-
tion made available under subsection (a) if an
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† HR 2617 EAS2 
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 pre-
viously distributed during that fiscal year, giving pri-
ority to those States having large unobligated bal-
ances of funds apportioned under sections 144 (as in 
effect on the day before the date of enactment of Pub-
lic Law 112–141) and 104 of title 23, United States 
Code. 
(d) APPLICABILITY OF OBLIGATION LIMITATIONS TO 
TRANSPORTATION RESEARCH PROGRAMS.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), the obligation limitation for Federal-aid 
highways shall apply to contract authority for trans-
portation research programs carried out under— 
(A) chapter 5 of title 23, United States 
Code; 
(B) title VI of the Fixing America’s Surface 
Transportation Act; and 
(C) title III of division A of the Infrastruc-
ture Investment and Jobs Act (Public Law 117– 
58). 
(2) EXCEPTION.—Obligation authority made 
available under paragraph (1) shall—
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† HR 2617 EAS2 
(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 pro-
grams; and 
(B) the Secretary determines will not be al-
located 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.
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(2) RATIO.—Funds shall be distributed under 
paragraph (1) in the same proportion as the distribu-
tion of obligation authority under subsection (a)(5). 
(3) AVAILABILITY.—Funds distributed to each 
State under paragraph (1) shall be available for any 
purpose described in section 133(b) of title 23, United 
States Code. 
SEC. 121. Notwithstanding 31 U.S.C. 3302, funds re-
ceived by the Bureau of Transportation Statistics from the 
sale of data products, for necessary expenses incurred pur-
suant to chapter 63 of title 49, United States Code, may 
be credited to the Federal-aid highways account for the pur-
pose of reimbursing the Bureau for such expenses. 
SEC. 122. Not less than 15 days prior to waiving, 
under his or her statutory authority, any Buy America re-
quirement for Federal-aid highways projects, the Secretary 
of Transportation shall make an informal public notice and 
comment opportunity on the intent to issue such waiver and 
the reasons therefor: Provided, That the Secretary shall post 
on a website any waivers granted under the Buy America 
requirements. 
SEC. 123. None of the funds made available in this 
Act may be used to make a grant for a project under section 
117 of title 23, United States Code, unless the Secretary, 
at least 60 days before making a grant under that section,
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provides written notification to the House and Senate Com-
mittees on Appropriations of the proposed grant, including 
an evaluation and justification for the project and the 
amount of the proposed grant award. 
SEC. 124. (a) A State or territory, as defined in section 
165 of title 23, United States Code, may use for any project 
eligible under section 133(b) of title 23 or section 165 of 
title 23 and located within the boundary of the State or 
territory any earmarked amount, and any associated obli-
gation limitation: Provided, That the Department of Trans-
portation for the State or territory for which the earmarked 
amount was originally designated or directed notifies the 
Secretary of its intent to use its authority under this section 
and submits an annual report to the Secretary identifying 
the projects to which the funding would be applied. Notwith-
standing the original period of availability of funds to be 
obligated under this section, such funds and associated obli-
gation limitation shall remain available for obligation for 
a period of 3 fiscal years after the fiscal year in which the 
Secretary is notified. The Federal share of the cost of a 
project carried out with funds made available under this 
section shall be the same as associated with the earmark. 
(b) In this section, the term ‘‘earmarked amount’’ 
means—
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† HR 2617 EAS2 
(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 Fed-
eral 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 Fed-
eral Highway Administration. 
(c) The authority under subsection (a) may be exer-
cised only for those projects or activities that have obligated 
less than 10 percent of the amount made available for obli-
gation 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.
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(d) The Secretary shall submit consolidated reports of 
the information provided by the States and territories an-
nually to the House and Senate Committees on Appropria-
tions. 
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 implemen-
tation, execution and administration of motor carrier safe-
ty operations and programs pursuant to section 31110 of 
title 49, United States Code, as amended by the Infrastruc-
ture Investment and Jobs Act (Public Law 117–58), 
$367,500,000, to be derived from the Highway Trust Fund 
(other than the Mass Transit Account), together with ad-
vances and reimbursements received by the Federal Motor 
Carrier Safety Administration, the sum of which shall re-
main available until expended: Provided, That funds avail-
able for implementation, execution, or administration of 
motor carrier safety operations and programs authorized 
under title 49, United States Code, shall not exceed total 
obligations of $367,500,000, for ‘‘Motor Carrier Safety Op-
erations and Programs’’ for fiscal year 2023, of which 
$14,073,000, to remain available for obligation until Sep-
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† HR 2617 EAS2 
tember 30, 2025, is for the research and technology pro-
gram, and of which not less than $63,098,000, to remain 
available for obligation until September 30, 2025, is for de-
velopment, modernization, enhancement, and continued op-
eration and maintenance of information technology and in-
formation management. 
MOTOR CARRIER SAFETY GRANTS 
(LIQUIDATION OF CONTRACT AUTHORIZATION) 
(LIMITATION ON OBLIGATIONS) 
(HIGHWAY TRUST FUND) 
For payment of obligations incurred in carrying out 
sections 31102, 31103, 31104, and 31313 of title 49, United 
States Code, $506,150,000, to be derived from the Highway 
Trust Fund (other than the Mass Transit Account) and to 
remain available until expended: Provided, That funds 
available for the implementation or execution of motor car-
rier safety programs shall not exceed total obligations of 
$506,150,000 in fiscal year 2023 for ‘‘Motor Carrier Safety 
Grants’’: Provided further, That of the amounts made avail-
able under this heading— 
(1) $398,500,000, to remain available for obliga-
tion until September 30, 2024, shall be for the motor 
carrier safety assistance program; 
(2) $42,650,000, to remain available for obliga-
tion until September 30, 2024, shall be for the com-
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† HR 2617 EAS2 
mercial driver’s license program implementation pro-
gram; 
(3) $58,800,000, to remain available for obliga-
tion until September 30, 2024, shall be for the high 
priority program; 
(4) $1,200,000, to remain available for obliga-
tion until September 30, 2024, shall be for the com-
mercial motor vehicle operators grant program; and 
(5) $5,000,000, to remain available for obliga-
tion until September 30, 2024, shall be for the com-
mercial motor vehicle enforcement training and sup-
port grant program. 
ADMINISTRATIVE PROVISIONS—FEDERAL MOTOR CARRIER 
SAFETY ADMINISTRATION 
SEC. 130. The Federal Motor Carrier Safety Adminis-
tration shall send notice of section 385.308 of title 49, Code 
of Federal Regulations, violations by certified mail, reg-
istered mail, or another manner of delivery, which records 
the receipt of the notice by the persons responsible for the 
violations. 
SEC. 131. The Federal Motor Carrier Safety Adminis-
tration 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.
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SEC. 132. None of the funds appropriated or otherwise 
made available to the Department of Transportation by this 
Act or any other Act may be obligated or expended to imple-
ment, 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 re-
spect to the use of electronic logging devices by operators 
of commercial motor vehicles, as defined in section 31132(1) 
of such title, transporting livestock as defined in section 602 
of the Emergency Livestock Feed Assistance Act of 1988 (7 
U.S.C. 1471) or insects. 
NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION 
OPERATIONS AND RESEARCH 
For expenses necessary to discharge the functions of the 
Secretary, with respect to traffic and highway safety, au-
thorized under chapter 301 and part C of subtitle VI of 
title 49, United States Code, $210,000,000, to remain avail-
able 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 Sys-
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† HR 2617 EAS2 
tems and Advanced Driver Assistance Systems and improv-
ing consumer responses to safety recalls, section 25024 of 
the Infrastructure Investment and Jobs Act (Public Law 
117–58), and chapter 303 of title 49, United States Code, 
$197,000,000, to be derived from the Highway Trust Fund 
(other than the Mass Transit Account) and to remain avail-
able until expended: Provided, That none of the funds in 
this Act shall be available for the planning or execution of 
programs the total obligations for which, in fiscal year 
2023, are in excess of $197,000,000: Provided further, That 
of the sums appropriated under this heading— 
(1) $190,000,000 shall be for programs author-
ized under section 403 of title 23, United States Code, 
including behavioral research on Automated Driving 
Systems and Advanced Driver Assistance Systems 
and improving consumer responses to safety recalls, 
and section 25024 of the Infrastructure Investment 
and Jobs Act (Public Law 117–58); and 
(2) $7,000,000 shall be for the National Driver 
Register authorized under chapter 303 of title 49, 
United States Code: 
Provided further, That within the $197,000,000 obligation 
limitation for operations and research, $57,500,000 shall 
remain available until September 30, 2024, and shall be 
in addition to the amount of any limitation imposed on
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† HR 2617 EAS2 
obligations for future years: Provided further, That 
amounts for behavioral research on Automated Driving 
Systems and Advanced Driver Assistance Systems and im-
proving consumer responses to safety recalls are in addition 
to any other funds provided for those purposes for fiscal 
year 2023 in this Act. 
HIGHWAY TRAFFIC SAFETY GRANTS 
(LIQUIDATION OF CONTRACT AUTHORIZATION) 
(LIMITATION ON OBLIGATIONS) 
(HIGHWAY TRUST FUND) 
For payment of obligations incurred in carrying out 
provisions of sections 402, 404, and 405 of title 23, United 
States Code, and grant administration expenses under 
chapter 4 of title 23, United States Code, to remain avail-
able until expended, $795,220,000, to be derived from the 
Highway Trust Fund (other than the Mass Transit Ac-
count): Provided, That none of the funds in this Act shall 
be available for the planning or execution of programs for 
which the total obligations in fiscal year 2023 are in excess 
of $795,220,000 for programs authorized under sections 
402, 404, and 405 of title 23, United States Code, and grant 
administration expenses under chapter 4 of title 23, United 
States Code: Provided further, That of the sums appro-
priated under this heading—
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† HR 2617 EAS2 
(1) $370,900,000 shall be for ‘‘Highway Safety 
Programs’’ under section 402 of title 23, United 
States Code; 
(2) $346,500,000 shall be for ‘‘National Priority 
Safety Programs’’ under section 405 of title 23, 
United States Code; 
(3) $38,300,000 shall be for the ‘‘High Visibility 
Enforcement Program’’ under section 404 of title 23, 
United States Code; and 
(4) $39,520,000 shall be for grant administrative 
expenses under chapter 4 of title 23, United States 
Code: 
Provided further, That none of these funds shall be used for 
construction, rehabilitation, or remodeling costs, or for of-
fice furnishings and fixtures for State, local or private 
buildings or structures: Provided further, That not to exceed 
$500,000 of the funds made available for ‘‘National Priority 
Safety Programs’’ under section 405 of title 23, United 
States Code, for ‘‘Impaired Driving Countermeasures’’ (as 
described in subsection (d) of that section) shall be available 
for technical assistance to the States: Provided further, That 
with respect to the ‘‘Transfers’’ provision under section 
405(a)(8) of title 23, United States Code, any amounts 
transferred to increase the amounts made available under 
section 402 shall include the obligation authority for such
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† HR 2617 EAS2 
amounts: Provided further, That the Administrator shall 
notify the House and Senate Committees on Appropriations 
of any exercise of the authority granted under the preceding 
proviso or under section 405(a)(8) of title 23, United States 
Code, within 5 days. 
ADMINISTRATIVE PROVISIONS—NATIONAL HIGHWAY 
TRAFFIC SAFETY ADMINISTRATION 
SEC. 140. An additional $130,000 shall be made avail-
able to the National Highway Traffic Safety Administra-
tion, 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 com-
petency development training and related expenses for high-
way safety staff. 
SEC. 141. The limitations on obligations for the pro-
grams of the National Highway Traffic Safety Administra-
tion set in this Act shall not apply to obligations for which 
obligation authority was made available in previous public 
laws but only to the extent that the obligation authority 
has not lapsed or been used. 
SEC. 142. None of the funds in this Act or any other 
Act shall be used to enforce the requirements of section 
405(a)(9) of title 23, United States Code.
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SEC. 143. Section 24220 of the Infrastructure Invest-
ment and Jobs Act (Public Law 117–58) is amended by 
adding at the end the following: 
‘‘(f) SHORT TITLE.—This section may be cited as the 
‘Honoring the Abbas Family Legacy to Terminate Drunk 
Driving Act’.’’. 
FEDERAL RAILROAD ADMINISTRATION 
SAFETY AND OPERATIONS 
For necessary expenses of the Federal Railroad Admin-
istration, 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 devel-
opment, $44,000,000, to remain available until expended: 
Provided, That of the amounts provided under this heading, 
up to $3,000,000 shall be available pursuant to section 
20108(d) of title 49, United States Code, for the construc-
tion, alteration, and repair of buildings and improvements 
at the Transportation Technology Center. 
FEDERAL-STATE PARTNERSHIP FOR INTERCITY PASSENGER 
RAIL 
For necessary expenses related to Federal-State Part-
nership for Intercity Passenger Rail grants as authorized 
by section 24911 of title 49, United States Code, 
$100,000,000, to remain available until expended: Pro-
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† HR 2617 EAS2 
vided, That the Secretary may withhold up to 2 percent 
of the amounts made available under this heading in this 
Act for the costs of award and project management oversight 
of grants carried out under title 49, United States Code. 
CONSOLIDATED RAIL INFRASTRUCTURE AND SAFETY 
IMPROVEMENTS 
(INCLUDING TRANSFER OF FUNDS) 
For necessary expenses related to Consolidated Rail 
Infrastructure and Safety Improvements grants, as author-
ized by section 22907 of title 49, United States Code, 
$535,000,000, to remain available until expended: Pro-
vided, That of the amounts made available under this head-
ing in this Act— 
(1) not less than $150,000,000 shall be for 
projects eligible under section 22907(c)(2) of title 49, 
United States Code, that support the development of 
new intercity passenger rail service routes including 
alignments for existing routes; 
(2) not less than $25,000,000 shall be for projects 
eligible under section 22907(c)(11) of title 49, United 
States Code: Provided, That for amounts made avail-
able in this paragraph, the Secretary shall give pref-
erence to projects that are located in counties with the 
most pedestrian trespasser casualties;
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† HR 2617 EAS2 
(3) $5,000,000 shall be for preconstruction plan-
ning activities and capital costs related to the deploy-
ment of magnetic levitation transportation projects; 
(4) $30,426,000 shall be made available for the 
purposes, and in amounts, specified for Community 
Project Funding/Congressionally Directed Spending 
in the table entitled ‘‘Community Project Funding/ 
Congressionally Directed Spending’’ included in the 
explanatory statement described in section 4 (in the 
matter preceding division A of this consolidated Act): 
Provided, That requirements under subsections (g) 
and (l) of section 22907 of title 49, United States 
Code, shall not apply to this paragraph: Provided 
further, That any remaining funds available after the 
distribution of the Community Project Funding/Con-
gressionally Directed Spending described in this 
paragraph shall be available to the Secretary to dis-
tribute as discretionary grants under this heading; 
and 
(5) not less than $5,000,000 shall be available for 
workforce development and training activities as au-
thorized under section 22907(c)(13) of title 49, United 
States Code: 
Provided further, That for amounts made available under 
this heading in this Act, eligible projects under section
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† HR 2617 EAS2 
22907(c)(8) of title 49, United States Code, shall also in-
clude railroad systems planning (including the preparation 
of regional intercity passenger rail plans and State Rail 
Plans) and railroad project development activities (includ-
ing railroad project planning, preliminary engineering, de-
sign, environmental analysis, feasibility studies, and the de-
velopment and analysis of project alternatives): Provided 
further, That section 22905(f) of title 49, United States 
Code, shall not apply to amounts made available under this 
heading in this Act for projects that implement or sustain 
positive train control systems otherwise eligible under sec-
tion 22907(c)(1) of title 49, United States Code: Provided 
further, That amounts made available under this heading 
in this Act for projects selected for commuter rail passenger 
transportation may be transferred by the Secretary, after 
selection, to the appropriate agencies to be administered in 
accordance with chapter 53 of title 49, United States Code: 
Provided further, That for amounts made available under 
this heading in this Act, eligible recipients under section 
22907(b)(7) of title 49, United States Code, shall include 
any holding company of a Class II railroad or Class III 
railroad (as those terms are defined in section 20102 of title 
49, United States Code): Provided further, That section 
22907(e)(1)(A) of title 49, United States Code, shall not 
apply to amounts made available under this heading in this
1623 
† HR 2617 EAS2 
Act: Provided further, That section 22907(e)(1)(A) of title 
49, United States Code, shall not apply to amounts made 
available under this heading in previous fiscal years if such 
funds are announced in a notice of funding opportunity 
that includes funds made available under this heading in 
this Act: Provided further, That the preceding proviso shall 
not apply to funds made available under this heading in 
the Infrastructure Investment and Jobs Act (division J of 
Public Law 117–58): Provided further, That unobligated 
balances remaining after 6 years from the date of enactment 
of this Act may be used for any eligible project under section 
22907(c) of title 49, United States Code: Provided further, 
That the Secretary may withhold up to 2 percent of the 
amounts made available under this heading in this Act for 
the costs of award and project management oversight of 
grants carried out under title 49, United States Code. 
NORTHEAST CORRIDOR GRANTS TO THE NATIONAL 
RAILROAD PASSENGER CORPORATION 
To enable the Secretary of Transportation to make 
grants to the National Railroad Passenger Corporation for 
activities associated with the Northeast Corridor as author-
ized by section 22101(a) of the Infrastructure Investment 
and Jobs Act (Public Law 117–58), $1,260,000,000, to re-
main available until expended: Provided, That the Sec-
retary may retain up to one-half of 1 percent of the
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† HR 2617 EAS2 
amounts made available under both this heading in this 
Act and the ‘‘National Network Grants to the National 
Railroad Passenger Corporation’’ heading in this Act to 
fund the costs of project management and oversight of ac-
tivities authorized by section 22101(c) of the Infrastructure 
Investment and Jobs Act (Public Law 117–58): Provided 
further, That in addition to the project management over-
sight funds authorized under section 22101(c) of the Infra-
structure Investment and Jobs Act (Public Law 117–58), 
the Secretary may retain up to an additional $5,000,000 
of the amounts made available under this heading in this 
Act to fund expenses associated with the Northeast Corridor 
Commission established under section 24905 of title 49, 
United States Code. 
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 author-
ized by section 22101(b) of the Infrastructure Investment 
and Jobs Act (division B of Public Law 117–58), 
$1,193,000,000, to remain available until expended: Pro-
vided, That the Secretary may retain up to an additional 
$3,000,000 of the funds provided under this heading in this 
Act to fund expenses associated with the State-Supported
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† HR 2617 EAS2 
Route Committee established under section 24712 of title 
49, United States Code: Provided further, That at least 
$50,000,000 of the amount provided under this heading in 
this Act shall be available for the development, installation 
and operation of railroad safety improvements, including 
the implementation of a positive train control system, on 
State-supported routes as defined under section 24102(13) 
of title 49, United States Code, on which positive train con-
trol systems are not required by law or regulation as identi-
fied on or before the date of enactment of this Act: Provided 
further, That any unexpended balances from amounts pro-
vided under this heading in this Act and in prior fiscal 
years for the development, installation and operation of 
railroad safety technology on State-supported routes on 
which positive train control systems are not required by law 
or regulation shall also be available for railroad safety im-
provements on State-supported routes as identified on or 
before the date of enactment of Public Law 117–103: Pro-
vided further, That none of the funds provided under this 
heading in this Act shall be used by Amtrak to give notice 
under subsection (a) or (c) of section 24706 of title 49, 
United States Code, with respect to long-distance routes (as 
defined in section 24102 of title 49, United States Code) 
on which Amtrak is the sole operator on a host railroad’s 
line and a positive train control system is not required by
1626 
† HR 2617 EAS2 
law or regulation, or, except in an emergency or during 
maintenance or construction outages impacting such routes, 
to otherwise discontinue, reduce the frequency of, suspend, 
or substantially alter the route of rail service on any por-
tion of such route operated in fiscal year 2018, including 
implementation 
of 
service 
permitted 
by 
section 
24305(a)(3)(A) of title 49, United States Code, in lieu of 
rail service: Provided further, That the National Railroad 
Passenger Corporation may use up to $66,000,000 of the 
amounts made available under this heading in this Act to 
support planning and capital costs, and operating assist-
ance consistent with the Federal funding limitations under 
section 22908 of title 49, United States Code, of corridors 
selected under section 25101 of title 49, United States Code, 
that are operated by the National Railroad Passenger Cor-
poration. 
ADMINISTRATIVE PROVISIONS—FEDERAL RAILROAD 
ADMINISTRATION 
(INCLUDING RESCISSION) 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 150. None of the funds made available by this 
Act may be used by the National Railroad Passenger Cor-
poration in contravention of the Worker Adjustment and 
Retraining Notification Act (29 U.S.C. 2101 et seq.).
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† HR 2617 EAS2 
SEC. 151. The amounts made available to the Sec-
retary or to the Federal Railroad Administration for the 
costs of award, administration, and project management 
oversight of financial assistance which are administered by 
the Federal Railroad Administration, in this and prior 
Acts, may be transferred to the Federal Railroad Adminis-
tration’s ‘‘Financial Assistance Oversight and Technical 
Assistance’’ account for the necessary expenses to support 
the award, administration, project management oversight, 
and technical assistance of financial assistance adminis-
tered by the Federal Railroad Administration, in the same 
manner as appropriated for in this and prior Acts: Pro-
vided, That this section shall not apply to amounts that 
were previously designated by the Congress as an emergency 
requirement pursuant to a concurrent resolution on the 
budget or the Balanced Budget and Emergency Deficit Con-
trol Act of 1985. 
SEC. 152. Amounts made available under the heading 
‘‘Department of Transportation—Federal Railroad Admin-
istration—Restoration and Enhancement’’ in any prior fis-
cal years are subject to the requirements of section 22908 
of title 49, United States Code, as in effect on the effective 
date of the Infrastructure Investment and Jobs Act (Public 
Law 117–58).
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† HR 2617 EAS2 
SEC. 153. Section 802 of title VIII of division J of 
Public Law 117–58 is amended— 
(1) in the first proviso, by inserting ‘‘that could 
be’’ after ‘‘amounts’’; and 
(2) in the second proviso, by inserting ‘‘that 
could be’’ after ‘‘amounts’’: 
Provided, That amounts repurposed by the amendments 
made by this section that were previously designated by the 
Congress as an emergency requirement pursuant to the Bal-
anced 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 resolu-
tion on the budget for fiscal year 2022, and section 1(e) 
of H. Res. 1151 (117th Congress) as engrossed in the House 
of Representatives on June 8, 2022. 
SEC. 154. Of the unobligated balances of funds remain-
ing from— 
(1) ‘‘Rail Line Relocation and Improvement 
Program’’ account totaling $1,811,124.16 appro-
priated by Public Law 112–10 is hereby permanently 
rescinded; and 
(2) ‘‘Railroad Safety Grants’’ account totaling 
$1,610,000.00 appropriated by Public Law 114–113 
is hereby permanently rescinded.
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† HR 2617 EAS2 
SEC. 155. None of the funds made available to the Na-
tional Railroad Passenger Corporation may be used to fund 
any overtime costs in excess of $35,000 for any individual 
employee: Provided, That the President of Amtrak may 
waive the cap set in the preceding proviso for specific em-
ployees when the President of Amtrak determines such a 
cap poses a risk to the safety and operational efficiency of 
the system: Provided further, That the President of Amtrak 
shall report to the House and Senate Committees on Appro-
priations no later than 60 days after the date of enactment 
of this Act, a summary of all overtime payments incurred 
by Amtrak for 2022 and the 3 prior calendar years: Pro-
vided further, That such summary shall include the total 
number of employees that received waivers and the total 
overtime payments Amtrak paid to employees receiving 
waivers for each month for 2022 and for the 3 prior cal-
endar years. 
SEC. 156. None of the funds made available to the Na-
tional Railroad Passenger Corporation under the headings 
‘‘Northeast Corridor Grants to the National Railroad Pas-
senger Corporation’’ and ‘‘National Network Grants to the 
National Railroad Passenger Corporation’’ may be used to 
reduce the total number of Amtrak Police Department uni-
formed officers patrolling on board passenger trains or at
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† HR 2617 EAS2 
stations, facilities or rights-of-way below the staffing level 
on May 1, 2019. 
SEC. 157. It is the sense of Congress that— 
(1) long-distance passenger rail routes provide 
much-needed transportation access for 4,700,000 rid-
ers in 325 communities in 40 States and are particu-
larly important in rural areas; and 
(2) long-distance passenger rail routes and serv-
ices should be sustained to ensure connectivity 
throughout the National Network (as defined in sec-
tion 24102 of title 49, United States Code). 
SEC. 158. State-supported routes operated by Amtrak. 
Section 24712(a) of title 49, United States Code, is hereby 
amended by inserting after section 24712(a)(7) the fol-
lowing— 
‘‘(8) STAFFING.—The Committee may— 
‘‘(A) appoint, terminate, and fix the com-
pensation of an executive director and other 
Committee employees necessary for the Com-
mittee to carry out its duties; and 
‘‘(B) enter into contracts necessary to carry 
out its duties, including providing Committee 
employees with retirement and other employee 
benefits under the condition that Non-Federal 
members or officers, the executive director, and
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† HR 2617 EAS2 
employees of the Committee are not Federal em-
ployees for any purpose. 
‘‘(9) AUTHORIZATION
OF
APPROPRIATIONS.— 
Amounts made available by the Secretary of Trans-
portation for the Committee may be used to carry out 
this section.’’. 
SEC. 159. For an additional amount for ‘‘Consolidated 
Rail 
Infrastructure 
and 
Safety 
Improvements’’, 
$25,000,000, to remain available until expended, for 
projects selected in response to the Notice of Funding Op-
portunity published by the Federal Railroad Administra-
tion on August 19, 2019 (84 FR 42979), and where a grant 
for the project was obligated after June 1, 2021 and remains 
open: Provided, That sponsors of projects eligible for funds 
made available under this heading in this section shall pro-
vide sufficient written justification describing, at a min-
imum, the current project cost estimate, why the project 
cannot be completed with the obligated grant amount, and 
any other relevant information, as determined by the Sec-
retary: Provided further, That funds made available under 
this section shall be allocated to projects eligible to receive 
funding under this section in order of the date the grants 
were obligated: Provided further, That the allocation under 
the preceding proviso will be for the amounts necessary to 
cover increases to eligible project costs since the grant was
1632 
† HR 2617 EAS2 
obligated, based on the information provided: Provided fur-
ther, That the amounts made available under this section 
shall not be part of the Federal share of total project costs 
under section 22907(h)(2) of title 49, United States Code: 
Provided further, That the Federal Railroad Administra-
tion shall provide the amounts allocated to projects under 
this section no later than 90 days after the date the suffi-
cient written justifications required under this section have 
been submitted. 
FEDERAL TRANSIT ADMINISTRATION 
TRANSIT FORMULA GRANTS 
(LIQUIDATION OF CONTRACT AUTHORIZATION) 
(LIMITATION ON OBLIGATIONS) 
(HIGHWAY TRUST FUND) 
For payment of obligations incurred in the Federal 
Public Transportation Assistance Program in this account, 
and for payment of obligations incurred in carrying out 
the provisions of 49 U.S.C. 5305, 5307, 5310, 5311, 5312, 
5314, 5318, 5329(e)(6), 5334, 5335, 5337, 5339, and 5340, 
as amended by the Infrastructure Investment and Jobs Act, 
section 20005(b) of Public Law 112–141, and section 
3006(b) of the Fixing America’s Surface Transportation 
Act, $13,634,000,000, to be derived from the Mass Transit 
Account of the Highway Trust Fund and to remain avail-
able until expended: Provided, That funds available for the
1633 
† HR 2617 EAS2 
implementation or execution of programs authorized under 
49 U.S.C. 5305, 5307, 5310, 5311, 5312, 5314, 5318, 
5329(e)(6), 5334, 5335, 5337, 5339, and 5340, as amended 
by the Infrastructure Investment and Jobs Act, section 
20005(b) of Public Law 112–141, and section 3006(b) of 
the Fixing America’s Surface Transportation Act, shall not 
exceed total obligations of $13,634,000,000 in fiscal year 
2023. 
TRANSIT INFRASTRUCTURE GRANTS 
For an additional amount for buses and bus facilities 
grants under section 5339(b) of title 49, United States Code, 
low or no emission grants under section 5339(c) of such 
title, ferry boats grants under section 5307(h) of such title, 
bus testing facilities under section 5318 of such title, inno-
vative mobility solutions grants under section 5312 of such 
title, accelerating innovative mobility initiative grants 
under section 5312 of such title, accelerating the adoption 
of zero emission buses under section 5312 of such title, Com-
munity Project Funding/Congressionally Directed Spend-
ing for projects and activities eligible under chapter 53 of 
such title, and ferry service for rural communities under 
section 71103 of division G of Public Law 117–58, 
$541,959,324, to remain available until expended: Pro-
vided, That of the sums provided under this heading in this 
Act—
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† HR 2617 EAS2 
(1) $90,000,000 shall be available for buses and 
bus facilities competitive grants as authorized under 
section 5339(b) of such title; 
(2) $50,000,000 shall be available for the low or 
no emission grants as authorized under section 
5339(c) of such title: Provided, That the minimum 
grant award shall be not less than $750,000; 
(3) $15,000,000 shall be available for ferry boat 
grants as authorized under section 5307(h) of such 
title: Provided, That of the amounts provided under 
this paragraph, no less than $5,000,000 shall be 
available for low or zero emission ferries or ferries 
using electric battery or fuel cell components and the 
infrastructure to support such ferries; 
(4) $2,000,000 shall be available for the oper-
ation and maintenance of the bus testing facilities se-
lected under section 5318 of such title; 
(5) $360,459,324 shall be available for the pur-
poses, and in amounts, specified for Community 
Project Funding/Congressionally Directed Spending 
in the table entitled ‘‘Community Project Funding/ 
Congressionally Directed Spending’’ included in the 
explanatory statement described in section 4 (in the 
matter preceding division A of this consolidated Act): 
Provided, That unless otherwise specified, applicable
1635 
† HR 2617 EAS2 
requirements under chapter 53 of title 49, United 
States Code, shall apply to amounts made available 
in this paragraph, except that the Federal share of the 
costs for a project in this paragraph shall be in an 
amount equal to 80 percent of the net costs of the 
project, unless the Secretary approves a higher max-
imum Federal share of the net costs of the project con-
sistent with administration of similar projects funded 
under chapter 53 of title 49, United States Code; 
(6) $17,500,000 shall be available for ferry serv-
ice for rural communities under section 71103 of di-
vision G of Public Law 117–58: Provided, That for 
amounts made available in this paragraph, notwith-
standing section 71103(a)(2)(B), eligible service shall 
include passenger ferry service that serves at least two 
rural areas with a single segment over 20 miles be-
tween the two rural areas and is not otherwise eligible 
under section 5307(h) of title 49, United States Code: 
Provided further, That entities that provide eligible 
service pursuant to the preceding proviso may use 
amounts made available in this paragraph for public 
transportation capital projects to support any ferry 
service between two rural areas: Provided further, 
That entities eligible for amounts made available in
1636 
† HR 2617 EAS2 
this paragraph shall only provide ferry service to 
rural areas; 
(7) $1,000,000 shall be available for the dem-
onstration and deployment of innovative mobility so-
lutions as authorized under section 5312 of title 49, 
United States Code: Provided, That such amounts 
shall be available for competitive grants or coopera-
tive agreements for the development of software to fa-
cilitate the provision of demand-response public 
transportation service that dispatches public trans-
portation fleet vehicles through riders mobile devices 
or other advanced means: Provided further, That the 
Secretary shall evaluate the potential for software de-
veloped with grants or cooperative agreements to be 
shared for use by public transportation agencies; 
(8) $1,000,000 shall be for the accelerating inno-
vative mobility initiative as authorized under section 
5312 of title 49, United States Code: Provided, That 
such amounts shall be available for competitive grants 
to improve mobility and enhance the rider experience 
with a focus on innovative service delivery models, 
creative financing, novel partnerships, and integrated 
payment solutions in order to help disseminate prov-
en innovation mobility practices throughout the pub-
lic transportation industry; and
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† HR 2617 EAS2 
(9) $5,000,000 shall be available to support tech-
nical assistance, research, demonstration, or deploy-
ment activities or projects to accelerate the adoption 
of zero emission buses in public transit as authorized 
under section 5312 of title 49, United States Code: 
Provided further, That amounts made available under this 
heading in this Act shall be derived from the general fund: 
Provided further, That amounts made available under this 
heading in this Act shall not be subject to any limitation 
on obligations for transit programs set forth in this or any 
other Act. 
TECHNICAL ASSISTANCE AND TRAINING 
For necessary expenses to carry out section 5314 of 
title 49, United States Code, $7,500,000, to remain avail-
able until September 30, 2024: Provided, That the assist-
ance provided under this heading does not duplicate the ac-
tivities of section 5311(b) or section 5312 of title 49, United 
States Code: Provided further, That amounts made avail-
able under this heading are in addition to any other 
amounts made available for such purposes: Provided fur-
ther, That amounts made available under this heading shall 
not be subject to any limitation on obligations set forth in 
this or any other Act.
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† HR 2617 EAS2 
CAPITAL INVESTMENT GRANTS 
For necessary expenses to carry out fixed guideway 
capital investment grants under section 5309 of title 49, 
United States Code, and section 3005(b) of the Fixing 
America’s Surface Transportation Act (Public Law 114– 
94), $2,210,000,000, to remain available until expended: 
Provided, That of the sums appropriated under this heading 
in this Act— 
(1) $1,772,900,000 shall be available for projects 
authorized under section 5309(d) of title 49, United 
States Code; 
(2) $100,000,000 shall be available for projects 
authorized under section 5309(e) of title 49, United 
States Code; 
(3) $215,000,000 shall be available for projects 
authorized under section 5309(h) of title 49, United 
States Code; and 
(4) $100,000,000 shall be available for projects 
authorized under section 3005(b) of the Fixing Amer-
ica’s Surface Transportation Act: 
Provided further, That the Secretary shall continue to ad-
minister the capital investment grants program in accord-
ance with the procedural and substantive requirements of 
section 5309 of title 49, United States Code, and of section 
3005(b) of the Fixing America’s Surface Transportation
1639 
† HR 2617 EAS2 
Act: Provided further, That projects that receive a grant 
agreement under the Expedited Project Delivery for Capital 
Investment Grants Pilot Program under section 3005(b) of 
the Fixing America’s Surface Transportation Act shall be 
deemed eligible for funding provided for projects under sec-
tion 5309 of title 49, United States Code, without further 
evaluation or rating under such section: Provided further, 
That such funding shall not exceed the Federal share under 
section 3005(b): Provided further, That upon submission to 
the Congress of the fiscal year 2024 President’s budget, the 
Secretary of Transportation shall transmit to Congress the 
annual report on capital investment grants, including pro-
posed allocations for fiscal year 2024. 
GRANTS TO THE WASHINGTON METROPOLITAN AREA 
TRANSIT AUTHORITY 
For grants to the Washington Metropolitan Area Tran-
sit Authority as authorized under section 601 of division 
B of the Passenger Rail Investment and Improvement Act 
of 2008 (Public Law 110–432), $150,000,000, to remain 
available until expended: Provided, That the Secretary of 
Transportation shall approve grants for capital and pre-
ventive maintenance expenditures for the Washington Met-
ropolitan Area Transit Authority only after receiving and 
reviewing a request for each specific project: Provided fur-
ther, That the Secretary shall determine that the Wash-
1640 
† HR 2617 EAS2 
ington Metropolitan Area Transit Authority has placed the 
highest priority on those investments that will improve the 
safety of the system before approving such grants. 
ADMINISTRATIVE PROVISIONS—FEDERAL TRANSIT 
ADMINISTRATION 
(INCLUDING RESCISSIONS) 
SEC. 160. The limitations on obligations for the pro-
grams of the Federal Transit Administration shall not 
apply to any authority under 49 U.S.C. 5338, previously 
made available for obligation, or to any other authority pre-
viously made available for obligation. 
SEC. 161. Notwithstanding any other provision of law, 
funds appropriated or limited by this Act under the heading 
‘‘Capital Investment Grants’’ of the Federal Transit Ad-
ministration for projects specified in this Act not obligated 
by September 30, 2026, and other recoveries, shall be di-
rected to projects eligible to use the funds for the purposes 
for which they were originally provided. 
SEC. 162. Notwithstanding any other provision of law, 
any funds appropriated before October 1, 2022, under any 
section of chapter 53 of title 49, United States Code, that 
remain available for expenditure, may be transferred to and 
administered under the most recent appropriation heading 
for any such section.
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† HR 2617 EAS2 
SEC. 163. None of the funds made available by this 
Act or any other Act shall be used to adjust apportionments 
or withhold funds from apportionments pursuant to section 
9503(e)(4) of the Internal Revenue Code of 1986 (26 U.S.C. 
9503(e)(4)). 
SEC. 164. None of the funds made available by this 
Act or any other Act shall be used to impede or hinder 
project advancement or approval for any project seeking a 
Federal contribution from the capital investment grants 
program of greater than 40 percent of project costs as au-
thorized under section 5309 of title 49, United States Code. 
SEC. 165. For an additional amount for ‘‘Department 
of Transportation—Federal Transit Administration—Cap-
ital Investment Grants’’, $425,000,000, to remain available 
until expended, for allocation to recipients with existing full 
funding grant agreements under sections 5309(d) and 
5309(e) of title 49, United States Code: Provided, That allo-
cations shall be made only to recipients— 
(1) that have received allocations for fiscal year 
2022 or that have expended 100 percent of the funds 
allocated under section 3401(b)(4) of the American 
Rescue Plan Act of 2021 (Public Law 117–2); and 
(2) that have a non-capital investment grant 
share of at least $800,000,000 and either a capital in-
vestment grant share of 40 percent or less or signed
1642 
† HR 2617 EAS2 
a full funding grant agreement between January 20, 
2017 and January 20, 2021; and 
(3) that have expended at least 75 percent of the 
allocations received under paragraph (4) of section 
3401(b) of the American Rescue Plan Act of 2021 
(Public Law 117–2) or expended at least 50 percent 
of the Federal operating assistance allocations re-
ceived under section 5307 of title 49, United States 
Code, in the Coronavirus Aid, Relief, and Economic 
Security Act (Public Law 116–136), the Coronavirus 
Response and Relief Supplemental Appropriations 
Act, 2021 (division M of Public Law 116–260), or the 
American Rescue Plan Act of 2021 (Public Law 117– 
2): 
Provided further, That recipients with projects open for rev-
enue service shall not be eligible to receive an allocation 
of funding under this section: Provided further, That 
amounts shall be provided to recipients proportionally 
based on the non-capital investment grant share of the 
project: Provided further, That no project may receive an 
allocation of more than 15 percent of the total amount in 
this section: Provided further, That the Secretary shall pro-
portionally distribute funds in excess of such 15 percent to 
recipients for which the percent of funds does not exceed 
15 percent: Provided further, That amounts allocated pur-
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† HR 2617 EAS2 
Provided, That such report shall include a description of 
any occurrences of articles not reaching their intended re-
cipients or used for their intended purposes and a descrip-
tion of any remedies taken: Provided further, That such re-
port shall be submitted in unclassified form, but may be 
accompanied by a classified annex. 
SEC. 1202. Not later than 30 days after the date of 
enactment of this Act, and every 30 days thereafter through 
fiscal year 2024, the Secretary of Defense, in coordination 
with the Secretary of State, shall provide a written report 
to the Committees on Appropriations, Armed Services, and 
Foreign Affairs of the House of Representatives and the 
Committees on Appropriations, Armed Services, and For-
eign Relations of the Senate describing United States secu-
rity assistance provided to Ukraine since the February 24, 
2022, Russian invasion of Ukraine, including a comprehen-
sive list of the defense articles and services provided to 
Ukraine and the associated authority and funding used to 
provide such articles and services: Provided, That such re-
port shall be submitted in unclassified form, but may be 
accompanied by a classified annex.