H. R. 2617—765 
available under the preceding proviso are not subject to the allot-
ment, reservation, matching, or application and State and area 
requirements of the Older Americans Act of 1965 and Rehabilitation 
Act of 1973: Provided further, That of the amount made available 
under this heading in this Act, not less than $392,000 shall be 
transferred to ‘‘Food and Drug Administration—Buildings and 
Facilities’’ for costs related to repair of facilities, for replacement 
of equipment, and for other increases in facility-related costs due 
to the consequences of Hurricanes Fiona and Ian: Provided further, 
That of the amount made available under this heading in this 
Act, up to $2,000,000, to remain available until expended, shall 
be transferred to ‘‘Office of the Secretary—Office of Inspector Gen-
eral’’ for oversight of activities responding to such disasters or 
emergencies. 
GENERAL PROVISIONS—THIS TITLE 
SEC. 2801. (a) IN GENERAL.—As the Secretary of Health and 
Human Services determines necessary to respond to a critical hiring 
need for emergency response positions, after providing public notice 
and without regard to the provisions of sections 3309 through 
3319 of title 5, United States Code, the Secretary may appoint 
candidates directly to the following positions, consistent with sub-
section (b), to perform critical work directly relating to the con-
sequences of Hurricanes Fiona and Ian: 
(1) Intermittent disaster-response personnel in the National 
Disaster Medical System, under section 2812 of the Public 
Health Service Act (42 U.S.C. 300hh–11). 
(2) Term or temporary related positions in the Centers 
for Disease Control and Prevention and the Office of the Assist-
ant Secretary for Preparedness and Response. 
(b) EXPIRATION.—The authority under subsection (a) shall 
expire 270 days after the date of enactment of this section. 
SEC. 2802. Not later than 45 days after the date of enactment 
of this Act, the agencies receiving funds appropriated by this title 
shall provide a detailed operating plan of anticipated uses of funds 
made available in this title by State and Territory, and by program, 
project, and activity, to the Committees on Appropriations: Pro-
vided, That no such funds shall be obligated before the operating 
plans are provided to the Committees: Provided further, That such 
plans shall be updated, including obligations to date and anticipated 
use of funds made available in this title, and submitted to the 
Committees on Appropriations biweekly until all such funds are 
expended. 
TITLE IX 
DEPARTMENT OF DEFENSE 
MILITARY CONSTRUCTION, NAVY AND MARINE CORPS 
For an additional amount for ‘‘Military Construction, Navy 
and Marine Corps’’, $41,040,000, to remain available until Sep-
tember 30, 2025, for necessary expenses related to the consequences 
of Hurricanes Ian and Fiona: Provided, That, not later than 60 
days after the date of enactment of this Act, the Secretary of 
the Navy, or their designee, shall submit to the Committees on 
Appropriations of the House of Representatives and the Senate
H. R. 2617—766 
an expenditure plan for funds provided under this heading in this 
Act: Provided further, That such funds may be obligated or expended 
for planning and design and military construction projects not other-
wise authorized by law. 
TITLE X 
DEPARTMENT OF TRANSPORTATION 
FEDERAL HIGHWAY ADMINISTRATION 
EMERGENCY RELIEF PROGRAM 
For an additional amount for the ‘‘Emergency Relief Program’’ 
as authorized under section 125 of title 23, United States Code, 
$803,000,000, to remain available until expended: Provided, That 
notwithstanding subsection (e) of section 120 of title 23, United 
States Code, for this fiscal year and hereafter, the Federal share 
for Emergency Relief funds made available under section 125 of 
such title to respond to damage caused by Hurricane Fiona, shall 
be 100 percent. 
FEDERAL TRANSIT ADMINISTRATION 
PUBLIC TRANSPORTATION EMERGENCY RELIEF PROGRAM 
For an additional amount for ‘‘Public Transportation Emergency 
Relief Program’’ as authorized under section 5324 of title 49, United 
States Code, $213,905,338, to remain available until expended, 
for transit systems affected by major declared disasters occurring 
in calendar years 2017, 2020, 2021, and 2022: Provided, That not 
more than three-quarters of 1 percent of the funds for public 
transportation emergency relief shall be available for administrative 
expenses and ongoing program management oversight as authorized 
under sections 5334 and 5338(c)(2) of such title and shall be in 
addition to any other appropriations for such purpose. 
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT 
PUBLIC AND INDIAN HOUSING 
TENANT-BASED RENTAL ASSISTANCE 
For an additional amount for ‘‘Tenant-Based Rental Assist-
ance’’, $2,653,580,000, to remain available until expended, for activi-
ties specified in paragraph (1) (excluding any set-asides) of such 
heading in title II of division L of this consolidated Act. 
COMMUNITY PLANNING AND DEVELOPMENT 
COMMUNITY DEVELOPMENT FUND 
(INCLUDING TRANSFERS OF FUNDS) 
For an additional amount for ‘‘Community Development Fund’’, 
$3,000,000,000, to remain available until expended, for the same 
purposes and under the same terms and conditions as funds appro-
priated under such heading in title VIII of the Disaster Relief
H. R. 2617—767 
Supplemental Appropriations Act, 2022 (division B of Public Law 
117–43), except that such amounts shall be for major disasters 
that occurred in 2022 or later until such funds are fully allocated 
and the fourth, twentieth, and twenty-first provisos under such 
heading in such Act shall not apply: Provided, That amounts made 
available under this heading in this Act and under such heading 
in such Act may be used by a grantee to assist utilities as part 
of a disaster-related eligible activity under section 105(a) of the 
Housing and Community Development Act of 1974 (42 U.S.C. 
5305(a)): Provided further, That of the amounts made available 
under this heading in this Act, up to $10,000,000 shall be made 
available for capacity building and technical assistance, including 
assistance on contracting and procurement processes, to support 
States, units of general local government, or Indian tribes (and 
their subrecipients) that receive allocations related to major disas-
ters under this heading in this, prior, or future Acts: Provided 
further, That of the amounts made available under this heading 
in this Act, up to $5,000,000 shall be transferred to ‘‘Department 
of Housing and Urban Development—Program Office Salaries and 
Expenses—Community Planning and Development’’ for necessary 
costs, including information technology costs, of administering and 
overseeing the obligation and expenditure of amounts made avail-
able under this heading in this Act or any prior or future Act 
that makes amounts available for purposes related to major disas-
ters under such heading: Provided further, That the amount speci-
fied in the preceding proviso shall be combined with funds appro-
priated under this same heading for this same purpose in any 
prior Acts and the aggregate of such amounts shall be available 
for the costs of administering and overseeing any funds appropriated 
to the Department related to major disasters in this, prior, or 
future Acts, notwithstanding the purposes for which such funds 
were appropriated: Provided further, That of the amounts made 
available under this heading in this Act, up to $5,000,000 shall 
be transferred to ‘‘Department of Housing and Urban Develop-
ment—Office of the Inspector General’’ for necessary costs of over-
seeing and auditing amounts made available under this heading 
in this Act or any prior or future Act that makes amounts available 
for purposes related to major disasters under such heading: Pro-
vided further, That amounts repurposed under this heading that 
were previously designated by the Congress as an emergency 
requirement pursuant to the Balanced Budget and Emergency Def-
icit Control Act of 1985 or a concurrent resolution on the budget 
are designated by the Congress as an emergency requirement pursu-
ant 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. 
HOUSING PROGRAMS 
PROJECT-BASED RENTAL ASSISTANCE 
For an additional amount for ‘‘Project-Based Rental Assistance’’, 
$969,420,000, to remain available until expended.
H. R. 2617—768 
TITLE XI 
GENERAL PROVISIONS—THIS ACT 
SEC. 21101. Each amount appropriated or made available by 
this Act is in addition to amounts otherwise appropriated for the 
fiscal year involved. 
SEC. 21102. No part of any appropriation contained in this 
Act shall remain available for obligation beyond the current fiscal 
year unless expressly so provided herein. 
SEC. 21103. Unless otherwise provided for by this Act, the 
additional amounts appropriated by this Act to appropriations 
accounts shall be available under the authorities and conditions 
applicable to such appropriations accounts for fiscal year 2023. 
SEC. 21104. Each amount provided by this division is designated 
by the Congress as being for an emergency requirement pursuant 
to section 4001(a)(1) of S. Con. Res. 14 (117th Congress), the concur-
rent resolution on the budget for fiscal year 2022, and section 
1(e) of H. Res. 1151 (117th Congress), as engrossed in the House 
of Representatives on June 8, 2022. 
This division may be cited as the ‘‘Disaster Relief Supplemental 
Appropriations Act, 2023’’. 
DIVISION O—EXTENDERS AND 
TECHNICAL CORRECTIONS 
TITLE 
I—NATIONAL 
CYBERSECURITY 
PROTECTION 
SYSTEM 
AUTHORIZA-
TION EXTENSION 
SEC. 101. EXTENSION OF DHS AUTHORITY AND REPORTING. 
Section 227(a) of the Federal Cybersecurity Enhancement Act 
of 2015 (6 U.S.C. 1525(a)) is amended by striking ‘‘the date that 
is 7 years after the date of enactment of this Act’’ and inserting 
‘‘September 30, 2023’’. 
TITLE II—NDAA TECHNICAL 
CORRECTIONS 
SEC. 201. BASIC NEEDS ALLOWANCE TECHNICAL CORRECTION. 
(a) IN GENERAL.—Subsection (a) of section 611 of the James 
M. Inhofe National Defense Authorization Act for Fiscal Year 2023 
is amended— 
(1) in the matter preceding paragraph (1), by striking 
‘‘402b(b)’’ and inserting ‘‘402b’’; 
(2) by striking paragraph (1) and inserting the following: 
‘‘(1) in subsection (b)(2)— 
‘‘(A) by inserting ‘(A)’ before ‘the gross’; 
‘‘(B) by striking ‘130 percent’ and inserting ‘150 per-
cent’; 
‘‘(C) by striking ‘; and’ and inserting ‘; or’; and 
‘‘(D) by inserting at the end the following:
H. R. 2617—769 
‘‘ ‘(B) if the Secretary concerned determines it appropriate 
(based on location, household need, or special circumstance), 
the gross household income of the member during the most 
recent calendar year did not exceed an amount equal to 200 
percent of the Federal poverty guidelines of the Department 
of Health and Human Services for the location of the member 
and the number of individuals in the household of the member 
for such year; and’; and’’; and 
(3) by striking paragraph (2) and inserting the following: 
‘‘(2) in subsection (c)(1)(A), by striking ‘130 percent’ and 
inserting ‘150 percent (or, in the case of a member described 
in subsection (b)(2)(B), 200 percent)’.’’. 
(b) EFFECTIVE DATE.—The amendments made by this section 
shall take effect as if included in the enactment of such Act. 
SEC. 202. TECHNICAL CORRECTION RELATING TO APPLICABILITY OF 
AGREEMENT BY A CADET OR MIDSHIPMAN TO PLAY 
PROFESSIONAL SPORT CONSTITUTING BREACH OF AGREE-
MENT TO SERVE AS AN OFFICER. 
(a) IN GENERAL.—Section 553 of the James M. Inhofe National 
Defense Authorization Act for Fiscal Year 2023 is amended by 
adding at the end the following new subsection: 
‘‘(d) APPLICABILITY.—The amendments made by this section 
shall only apply with respect to a cadet or midshipman who first 
enrolls in the United States Military Academy, the United States 
Naval Academy, or the United States Air Force Academy on or 
after June 1, 2021.’’. 
(b) EFFECTIVE DATE.—The amendment made by subsection (a) 
shall take effect on the date of the enactment of the James M. 
Inhofe National Defense Authorization Act for Fiscal Year 2023 
and apply as if originally included in the enactment of such Act. 
TITLE III—IMMIGRATION EXTENSIONS 
SEC. 301. E-VERIFY. 
Section 401(b) of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 (8 U.S.C. 1324a note) shall be applied 
by substituting ‘‘September 30, 2023’’ for ‘‘September 30, 2015’’. 
SEC. 302. NON-MINISTER RELIGIOUS WORKERS. 
Subclauses (II) and (III) of section 101(a)(27)(C)(ii) of the 
Immigration and Nationality Act (8 U.S.C. 1101(a)(27)(C)(ii)) shall 
be applied by substituting ‘‘September 30, 2023’’ for ‘‘September 
30, 2015’’. 
SEC. 303. H–2B SUPPLEMENTAL VISAS EXEMPTION. 
Notwithstanding the numerical limitation set forth in section 
214(g)(1)(B) of the Immigration and Nationality Act (8 U.S.C. 
1184(g)(1)(B)), the Secretary of Homeland Security, after consulta-
tion with the Secretary of Labor, and upon determining that the 
needs of American businesses cannot be satisfied during fiscal year 
2023 with United States workers who are willing, qualified, and 
able to perform temporary nonagricultural labor, may increase the 
total number of aliens who may receive a visa under section 
101(a)(15)(H)(ii)(b) of such Act (8 U.S.C. 1101(a)(15)(H)(ii)(b)) in 
such fiscal year above such limitation by not more than the highest 
number of H–2B nonimmigrants who participated in the H–2B
H. R. 2617—771 
(2) by inserting ‘‘Patrick Leahy’’ before ‘‘Lake Champlain 
Basin Program’’ each place it appears; 
(3) in subsection (g)(1), in the paragraph heading, by 
striking ‘‘LAKE’’ and inserting ‘‘PATRICK LEAHY LAKE’’; and 
(4) by amending subsection (i) to read as follows: 
‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 
to be appropriated to the Administrator to carry out this section 
$35,000,000 for each of fiscal years 2023 through 2027, to remain 
available until expended.’’. 
(b) CONFORMING AMENDMENT.—Section 1201(c) of the Non-
indigenous Aquatic Nuisance Prevention and Control Act of 1990 
(16 U.S.C. 4721) is amended by inserting ‘‘Patrick Leahy’’ before 
‘‘Lake Champlain Basin Program’’. 
(c) REFERENCES.—Any reference in law, regulation, map, docu-
ment, paper, or other record of the United States to the ‘‘Lake 
Champlain Basin Program’’ shall be deemed to be a reference 
to the Patrick Leahy Lake Champlain Basin Program. 
SEC. 405. CLEAN SCHOOL BUS PROGRAM. 
Section 741 of the Energy Policy Act of 2005 (42 U.S.C. 16091) 
is amended— 
(1) in subsection (a)— 
(A) in paragraph (4)— 
(i) in subparagraph (A)— 
(I) by inserting ‘‘, lease, license, or contract 
for service’’ after ‘‘to sell’’; and 
(II) by inserting ‘‘, lease, license, or contract 
for service’’ after ‘‘that own’’; and 
(ii) in subparagraph (B), by inserting ‘‘, lease, 
license, or contract for service’’ before the period at 
the end; and 
(B) in paragraph (5)(A)— 
(i) in clause (i)(II), by inserting ‘‘, lease, license, 
or contract for service’’ after ‘‘purchase’’; 
(ii) in clause (iii), by striking ‘‘or’’ at the end; 
(iii) by redesignating clause (iv) as clause (v); 
(iv) by inserting after clause (iii) the following: 
‘‘(iv) a charter school (as defined in section 4310 
of the Elementary and Secondary Education Act of 
1965 (20 U.S.C. 7221i)) responsible for the purchase, 
lease, license, or contract for service of school buses 
for that charter school; or’’; and 
(v) in subclause (II) of clause (v) (as so redesig-
nated), by inserting ‘‘, lease, license, or contract for 
service’’ after ‘‘purchase’’; and 
(2) in subsection (b)(5)(A), by inserting ‘‘, except that, if 
the award is to an eligible contractor and the contract with 
the local educational agency (including charter schools oper-
ating as local educational agencies under State law) ends before 
the end of the 5-year period, those school buses may be operated 
as part of another local educational agency eligible for the 
same or higher priority consideration under paragraph (4), 
subject to the limitations under paragraph (7)’’ before the semi-
colon at the end.
H. R. 2617—772 
TITLE V—SAFETY ENHANCEMENTS 
SEC. 501. AMENDMENTS TO THE FLIGHT CREW ALERTING REQUIRE-
MENTS. 
(a) IN GENERAL.—Chapter 447 of title 49, United States Code, 
is amended by inserting after section 44743 the following: 
‘‘§ 44744. Flight crew alerting 
‘‘(a) IN
GENERAL.—Beginning on December 27, 2022, the 
Administrator may not issue a type certificate for a transport cat-
egory airplane unless such airplane incorporates a flight crew 
alerting system that, at a minimum— 
‘‘(1) displays and differentiates among warnings, cautions, 
and advisories; and 
‘‘(2) includes functions to assist the flight crew in 
prioritizing corrective actions and responding to systems fail-
ures. 
‘‘(b) LIMITATION.—The prohibition in subsection (a) shall not 
apply to any application for an original or amended type certificate 
that was submitted to the Administrator prior to December 27, 
2020. 
‘‘(c) SAFETY ENHANCEMENTS.— 
‘‘(1) 
RESTRICTION
ON
AIRWORTHINESS
CERTIFICATE 
ISSUANCE.—Beginning on the date that is 1 year after the 
date on which the Administrator issues a type certificate for 
the Boeing 737-10, the Administrator may not issue an original 
airworthiness certificate for any Boeing 737 MAX aircraft 
unless the Administrator finds that the type design for the 
aircraft includes safety enhancements that have been approved 
by the Administrator. 
‘‘(2) RESTRICTION ON OPERATION.—Beginning on the date 
that is 3 years after the date on which the Administrator 
issues a type certificate for the Boeing 737-10, no person may 
operate a Boeing 737 MAX aircraft unless— 
‘‘(A) the type design for the aircraft includes safety 
enhancements approved by the Administrator; and 
‘‘(B) the aircraft was— 
‘‘(i) produced in conformance with such type design; 
or 
‘‘(ii) altered in accordance with such type design. 
‘‘(d) DEFINITIONS.—In this section: 
‘‘(1) BOEING 737 MAX AIRCRAFT.—The term ‘Boeing 737 MAX 
aircraft’ means any— 
‘‘(A) Model 737 series aircraft designated as a 737- 
7, 737-8, 737-8200, 737-9, or 737-10; or 
‘‘(B) other variant of a model described in subparagraph 
(A). 
‘‘(2) SAFETY
ENHANCEMENT.—The term ‘safety enhance-
ment’ means any design change to the flight crew alerting 
system approved by the Administrator for the Boeing 737- 
10, including— 
‘‘(A) a— 
‘‘(i) synthetic enhanced angle-of-attack system; and 
‘‘(ii) means to shut off stall warning and overspeed 
alerts; or
H. R. 2617—773 
‘‘(B) any design changes equivalent to subparagraph 
(A) determined appropriate by the Administrator.’’. 
(b) REPEAL OF ACSAA SECTION 116(B)(1).—Section 116 of the 
Aircraft Certification, Safety, and Accountability Act (49 U.S.C. 
44704 note) is amended by striking subsection (b) and inserting 
the following: 
‘‘(b) PROHIBITION.—Beginning on December 27, 2022, the 
Administrator may not issue a type certificate for a transport cat-
egory aircraft unless, in the case of a transport category aircraft 
other than a transport airplane, the type certificate applicant pro-
vides a means acceptable to the Administrator to assist the flight 
crew in prioritizing corrective actions and responding to systems 
failures (including by cockpit or flight manual procedures).’’. 
(c) COSTS.—Any costs associated with the safety enhancements 
required by section 44744 of title 49, United States Code, as added 
by subsection (a), shall be borne by the holder of the type certificate. 
(d) CONGRESSIONAL BRIEFINGS.—Not later than March 1, 2023, 
and on a quarterly basis thereafter, the Administrator shall brief 
Congress on the status of— 
(1) the issuance of a type certificate for the Boeing 737- 
7 and 737-10, including any design enhancements, pilot proce-
dures, or training requirements resulting from system safety 
assessments; and 
(2) the implementation of safety enhancements for Boeing 
737 MAX aircraft, as required by section 44744 of title 49, 
United States Code, as added by subsection (a). 
(e) CLERICAL AMENDMENT.—The chapter analysis for chapter 
447 of title 49, United States Code, is amended by inserting after 
the item relating to section 44743 the following: 
‘‘44744. Flight Crew Alerting.’’. 
TITLE VI—EXTENSION OF TEMPORARY 
ORDER 
FOR 
FENTANYL-RELATED 
SUBSTANCES 
SEC. 601. EXTENSION OF TEMPORARY ORDER FOR FENTANYL- 
RELATED SUBSTANCES. 
Effective as if included in the enactment of the Temporary 
Reauthorization and Study of the Emergency Scheduling of 
Fentanyl Analogues Act (Public Law 116–114), section 2 of such 
Act is amended by striking ‘‘December 31, 2022’’and inserting 
‘‘December 31, 2024’’. 
TITLE VII—FEDERAL TRADE COMMIS-
SION OVERSIGHT OF HORSERACING 
INTEGRITY AND SAFETY AUTHORITY 
SEC. 701. FEDERAL TRADE COMMISSION OVERSIGHT OF HORSE-
RACING INTEGRITY AND SAFETY AUTHORITY. 
Section 1204(e) of the Horseracing Integrity and Safety Act 
of 2020 (15 U.S.C. 3053(e)) is amended to read as follows: 
‘‘(e) AMENDMENT BY COMMISSION OF RULES OF AUTHORITY.— 
The Commission, by rule in accordance with section 553 of title
H. R. 2617—774 
5, United States Code, may abrogate, add to, and modify the rules 
of the Authority promulgated in accordance with this Act as the 
Commission finds necessary or appropriate to ensure the fair 
administration of the Authority, to conform the rules of the 
Authority to requirements of this Act and applicable rules approved 
by the Commission, or otherwise in furtherance of the purposes 
of this Act.’’. 
TITLE VIII—UNITED STATES PAROLE 
COMMISSION EXTENSION 
SEC. 801. UNITED STATES PAROLE COMMISSION EXTENSION. 
(a) SHORT TITLE.—This section may be cited as the ‘‘United 
States Parole Commission Additional Extension Act of 2022’’. 
(b) AMENDMENT OF SENTENCING REFORM ACT OF 1984.—For 
purposes of section 235(b) of the Sentencing Reform Act of 1984 
(18 U.S.C. 3551 note; Public Law 98–473; 98 Stat. 2032), as such 
section relates to chapter 311 of title 18, United States Code, 
and the United States Parole Commission, each reference in such 
section to ‘‘35 years and 46 days’’ or ‘‘35-year and 46-day period’’ 
shall be deemed a reference to ‘‘36 years’’ or ‘‘36-year period’’, 
respectively. 
(c) EFFECTIVE DATE.—Subsection (b) shall take effect as though 
enacted as part of the Further Continuing Appropriations and 
Extensions Act, 2023. 
(d) SUPERSEDED PROVISION.—Section 103 of division B of the 
Further Continuing Appropriations and Extensions Act, 2023 shall 
have no force or effect. 
TITLE IX—EXTENSION OF FCC AUCTION 
AUTHORITY 
SEC. 901. EXTENSION OF FCC AUCTION AUTHORITY. 
Section 309(j)(11) of the Communications Act of 1934 (47 U.S.C. 
309(j)(11)) is amended by striking ‘‘December 23, 2022’’ and 
inserting ‘‘March 9, 2023’’. 
TITLE X—BUDGETARY EFFECTS 
SEC. 1001. BUDGETARY EFFECTS. 
(a) STATUTORY PAYGO SCORECARDS.—The budgetary effects of 
this division and each succeeding division shall not be entered 
on either PAYGO scorecard maintained pursuant to section 4(d) 
of the Statutory Pay-As-You-Go Act of 2010. 
(b) SENATE PAYGO SCORECARDS.—The budgetary effects of this 
division and each succeeding division shall not be entered on any 
PAYGO scorecard maintained for purposes of section 4106 of H. 
Con. Res. 71 (115th Congress). 
(c) CLASSIFICATION OF BUDGETARY EFFECTS.—Notwithstanding 
Rule 3 of the Budget Scorekeeping Guidelines set forth in the 
joint explanatory statement of the committee of conference accom-
panying Conference Report 105–217 and section 250(c)(8) of the 
Balanced Budget and Emergency Deficit Control Act of 1985, the
H. R. 2617—775 
budgetary effects of this division and each succeeding division shall 
not be estimated— 
(1) for purposes of section 251 of such Act; 
(2) for purposes of an allocation to the Committee on Appro-
priations pursuant to section 302(a) of the Congressional 
Budget Act of 1974; and 
(3) for purposes of paragraph (4)(C) of section 3 of the 
Statutory Pay-As-You-Go Act of 2010 as being included in an 
appropriation Act. 
(d) BALANCES ON THE PAYGO SCORECARDS.— 
(1) FISCAL
YEAR
2023.—For the purposes of the annual 
report issued pursuant to section 5 of the Statutory Pay-As- 
You-Go Act of 2010 (2 U.S.C. 934) after adjournment of the 
second session of the 117th Congress, and for determining 
whether a sequestration order is necessary under such section, 
the debit for the budget year on the 5-year scorecard, if any, 
and the 10-year scorecard, if any, shall be deducted from such 
scorecards in 2023 and added to such scorecards in 2025. 
(2) FISCAL
YEAR
2024.—For the purposes of the annual 
report issued pursuant to section 5 of the Statutory Pay-As- 
You-Go Act of 2010 (2 U.S.C. 934) after adjournment of the 
first session of the 118th Congress, and for determining whether 
a sequestration order is necessary under such section, the debit 
for the budget year on the 5-year scorecard, if any, and the 
10-year scorecard, if any, shall be deducted from such score-
cards in 2024 and added to such scorecards in 2025. 
DIVISION P—ELECTORAL COUNT RE-
FORM AND PRESIDENTIAL TRANSI-
TION IMPROVEMENT 
SEC. 1. SHORT TITLE, ETC. 
This division may be cited as the ‘‘Electoral Count Reform 
and Presidential Transition Improvement Act of 2022’’. 
TITLE I—ELECTORAL COUNT REFORM 
ACT 
SEC. 101. SHORT TITLE. 
This title may be cited as the ‘‘Electoral Count Reform Act 
of 2022’’. 
SEC. 102. TIME FOR APPOINTING ELECTORS. 
(a) IN GENERAL.—Title 3, United States Code, is amended 
by striking sections 1 and 2 and inserting the following: 
‘‘§ 1. Time of appointing electors 
‘‘The electors of President and Vice President shall be 
appointed, in each State, on election day, in accordance with the 
laws of the State enacted prior to election day.’’. 
(b) ELECTION DAY.—Section 21 of title 3, United States Code, 
is amended by redesignating subsections (a) and (b) as paragraphs 
(2) and (3), respectively, and by inserting before paragraph (2) 
(as so redesignated) the following:
H. R. 2617—776 
‘‘(1) ‘election day’ means the Tuesday next after the first 
Monday in November, in every fourth year succeeding every 
election of a President and Vice President held in each State, 
except, in the case of a State that appoints electors by popular 
vote, if the State modifies the period of voting, as necessitated 
by force majeure events that are extraordinary and cata-
strophic, as provided under laws of the State enacted prior 
to such day, ‘election day’ shall include the modified period 
of voting.’’. 
(c) CONFORMING
AMENDMENT.—The table of contents for 
chapter 1 of title 3, United States Code, is amended by striking 
the item relating to section 1 and inserting the following: 
‘‘1. Time of appointing electors.’’. 
SEC. 103. CLARIFICATION WITH RESPECT TO VACANCIES IN ELEC-
TORAL COLLEGE. 
Section 4 of title 3, United States Code, is amended by inserting 
‘‘enacted prior to election day’’ after ‘‘by law’’. 
SEC. 104. CERTIFICATE OF ASCERTAINMENT OF APPOINTMENT OF 
ELECTORS. 
(a) DETERMINATION.—Section 5 of title 3, United States Code, 
is amended to read as follows: 
‘‘§ 5. Certificate of ascertainment of appointment of electors 
‘‘(a) IN GENERAL.— 
‘‘(1) CERTIFICATION.—Not later than the date that is 6 
days before the time fixed for the meeting of the electors, 
the executive of each State shall issue a certificate of ascertain-
ment of appointment of electors, under and in pursuance of 
the laws of such State providing for such appointment and 
ascertainment enacted prior to election day. 
‘‘(2) FORM OF CERTIFICATE.—Each certificate of ascertain-
ment of appointment of electors shall— 
‘‘(A) set forth the names of the electors appointed and 
the canvass or other determination under the laws of such 
State of the number of votes given or cast for each person 
for whose appointment any and all votes have been given 
or cast; 
‘‘(B) bear the seal of the State; and 
‘‘(C) contain at least one security feature, as deter-
mined by the State, for purposes of verifying the authen-
ticity of such certificate. 
‘‘(b) TRANSMISSION.—It shall be the duty of the executive of 
each State— 
‘‘(1) to transmit to the Archivist of the United States, 
immediately after the issuance of a certificate of ascertainment 
of appointment of electors and by the most expeditious method 
available, such certificate of ascertainment of appointment of 
electors; and 
‘‘(2) to transmit to the electors of such State, on or before 
the day on which the electors are required to meet under 
section 7, six duplicate-originals of the same certificate. 
‘‘(c) TREATMENT OF CERTIFICATE AS CONCLUSIVE.—For purposes 
of section 15: 
‘‘(1) IN GENERAL.— 
‘‘(A) CERTIFICATE
ISSUED
BY
EXECUTIVE.—Except as 
provided in subparagraph (B), a certificate of ascertainment
H. R. 2617—777 
of appointment of electors issued pursuant to subsection 
(a)(1) shall be treated as conclusive in Congress with 
respect to the determination of electors appointed by the 
State. 
‘‘(B) 
CERTIFICATES
ISSUED
PURSUANT
TO
COURT 
ORDERS.—Any certificate of ascertainment of appointment 
of electors required to be issued or revised by any State 
or Federal judicial relief granted prior to the date of the 
meeting of electors shall replace and supersede any other 
certificates submitted pursuant to this section. 
‘‘(2) DETERMINATION OF FEDERAL QUESTIONS.—The deter-
mination of Federal courts on questions arising under the Con-
stitution or laws of the United States with respect to a certifi-
cate of ascertainment of appointment of electors shall be conclu-
sive in Congress. 
‘‘(d) VENUE AND EXPEDITED PROCEDURE.— 
‘‘(1) IN GENERAL.—Any action brought by an aggrieved can-
didate for President or Vice President that arises under the 
Constitution or laws of the United States with respect to the 
issuance of the certification required under section (a)(1), or 
the transmission of such certification as required under sub-
section (b), shall be subject to the following rules: 
‘‘(A) VENUE.—The venue for such action shall be the 
Federal district court of the Federal district in which the 
State capital is located. 
‘‘(B) 3-JUDGE PANEL.—Such action shall be heard by 
a district court of three judges, convened pursuant to sec-
tion 2284 of title 28, United States Code, except that— 
‘‘(i) the court shall be comprised of two judges 
of the circuit court of appeals in which the district 
court lies and one judge of the district court in which 
the action is brought; and 
‘‘(ii) section 2284(b)(2) of such title shall not apply. 
‘‘(C) EXPEDITED PROCEDURE.—It shall be the duty of 
the court to advance on the docket and to expedite to 
the greatest possible extent the disposition of the action, 
consistent with all other relevant deadlines established 
by this chapter and the laws of the United States. 
‘‘(D) APPEALS.—Notwithstanding section 1253 of title 
28, United States Code, the final judgment of the panel 
convened under subparagraph (B) may be reviewed directly 
by the Supreme Court, by writ of certiorari granted upon 
petition of any party to the case, on an expedited basis, 
so that a final order of the court on remand of the Supreme 
Court may occur on or before the day before the time 
fixed for the meeting of electors. 
‘‘(2) RULE OF CONSTRUCTION.—This subsection— 
‘‘(A) shall be construed solely to establish venue and 
expedited procedures in any action brought by an aggrieved 
candidate for President or Vice President as specified in 
this subsection that arises under the Constitution or laws 
of the United States; and 
‘‘(B) shall not be construed to preempt or displace 
any existing State or Federal cause of action.’’. 
(b) EXECUTIVE OF A STATE.—Section 21 of title 3, United States 
Code, as amended by section 102(b), is amended by striking para-
graph (3) and inserting the following:
H. R. 2617—778 
‘‘(3) ‘executive’ means, with respect to any State, the Gov-
ernor of the State (or, in the case of the District of Columbia, 
the Mayor of the District of Columbia), except when the laws 
or constitution of a State in effect as of election day expressly 
require a different State executive to perform the duties identi-
fied under this chapter.’’. 
(c) CONFORMING AMENDMENTS.— 
(1) Section 9 of title 3, United States Code, is amended 
by striking ‘‘annex to each of the certificates one of the lists 
of the electors’’ and inserting ‘‘annex to each of the certificates 
of votes one of the certificates of ascertainment of appointment 
of electors’’. 
(2) The table of contents for chapter 1 of title 3, United 
States Code, is amended by striking the items relating to sec-
tions 5 inserting the following: 
‘‘5. Certificate of ascertainment of appointment of electors.’’. 
SEC. 105. DUTIES OF THE ARCHIVIST. 
(a) IN GENERAL.—Section 6 of title 3, United States Code, 
is amended to read as follows: 
‘‘§ 6. Duties of Archivist 
‘‘The certificates of ascertainment of appointment of electors 
received by the Archivist of the United States under section 5 
shall— 
‘‘(1) be preserved for one year; 
‘‘(2) be a part of the public records of such office; and 
‘‘(3) be open to public inspection.’’. 
(b) CONFORMING
AMENDMENT.—The table of contents for 
chapter 1 of title 3, United States Code, is amended by striking 
the items relating to section 6 and inserting the following: 
‘‘6. Duties of Archivist.’’. 
SEC. 106. MEETING OF ELECTORS. 
(a) TIME FOR MEETING.—Section 7 of title 3, United States 
Code, is amended— 
(1) by striking ‘‘Monday’’ and inserting ‘‘Tuesday’’; and 
(2) by striking ‘‘as the legislature of such State shall direct’’ 
and inserting ‘‘in accordance with the laws of the State enacted 
prior to election day’’. 
(b) CLARIFICATION ON SEALING OF CERTIFICATES OF VOTES.— 
Section 10 of such title is amended by striking ‘‘the certificates 
so made by them’’ and inserting ‘‘the certificates of votes so made 
by them, together with the annexed certificates of ascertainment 
of appointment of electors’’. 
SEC. 107. TRANSMISSION OF CERTIFICATES OF VOTES. 
(a) IN GENERAL.—Section 11 of title 3, United States Code, 
is amended to read as follows: 
‘‘§ 11. Transmission of certificates by electors 
‘‘The electors shall immediately transmit at the same time 
and by the most expeditious method available the certificates of 
votes so made by them, together with the annexed certificates 
of ascertainment of appointment of electors, as follows: 
‘‘(1) One set shall be sent to the President of the Senate 
at the seat of government.
H. R. 2617—779 
‘‘(2) Two sets shall be sent to the chief election officer 
of the State, one of which shall be held subject to the order 
of the President of the Senate, the other to be preserved by 
such official for one year and shall be a part of the public 
records of such office and shall be open to public inspection. 
‘‘(3) Two sets shall be sent to the Archivist of the United 
States at the seat of government, one of which shall be held 
subject to the order of the President of the Senate and the 
other of which shall be preserved by the Archivist of the United 
States for one year and shall be a part of the public records 
of such office and shall be open to public inspection. 
‘‘(4) One set shall be sent to the judge of the district 
in which the electors shall have assembled.’’. 
(b) CONFORMING
AMENDMENT.—The table of contents for 
chapter 1 of title 3, United States Code, is amended by striking 
the item relating to section 11 and inserting the following: 
‘‘11. Transmission of certificates by electors.’’. 
SEC. 108. FAILURE OF CERTIFICATE OF VOTES TO REACH RECIPIENTS. 
(a) IN GENERAL.—Section 12 of title 3, United States Code, 
is amended— 
(1) by inserting ‘‘, after the meeting of the electors shall 
have been held,’’ after ‘‘When’’; 
(2) by striking ‘‘and list’’ each place it appears; 
(3) by striking ‘‘in December, after the meeting of the 
electors shall have been held,’’ and inserting ‘‘in December,’’; 
(4) by striking ‘‘or, if he be absent’’ and inserting ‘‘or, 
if the President of the Senate be absent’’; 
(5) by striking ‘‘secretary of State’’ and insert ‘‘chief election 
officer’’; 
(6) by striking ‘‘lodged with him’’ and inserting ‘‘lodged 
with such officer’’; 
(7) by striking ‘‘his duty’’ and inserting ‘‘the duty of such 
chief election officer of the State’’; and 
(8) by striking ‘‘by registered mail’’ and inserting ‘‘by the 
most expeditious method available’’. 
(b) CONTINUED FAILURE.—Section 13 of title 3, United States 
Code, is amended— 
(1) by inserting ‘‘, after the meeting of the electors shall 
have been held,’’ after ‘‘When’’; 
(2) by striking ‘‘in December, after the meeting of the 
electors shall have been held,’’ and inserting ‘‘in December,’’; 
(3) by striking ‘‘or, if he be absent’’ and inserting ‘‘or, 
if the President of the Senate be absent’’; and 
(4) by striking ‘‘that list’’ and inserting ‘‘that certificate’’. 
(c) ELIMINATION OF MESSENGER’S PENALTY.— 
(1) IN GENERAL.—Title 3, United States Code, is amended 
by striking section 14. 
(2) CONFORMING AMENDMENT.—The table of contents for 
chapter 1 of title 3, United States Code, is amended by striking 
the item relating to section 14. 
SEC. 109. CLARIFICATIONS RELATING TO COUNTING ELECTORAL 
VOTES. 
(a) IN GENERAL.—Section 15 of title 3, United States Code, 
is amended to read as follows:
H. R. 2617—780 
‘‘§ 15. Counting electoral votes in Congress 
‘‘(a) IN GENERAL.—Congress shall be in session on the sixth 
day of January succeeding every meeting of the electors. The Senate 
and House of Representatives shall meet in the Hall of the House 
of Representatives at the hour of 1 o’clock in the afternoon on 
that day, and the President of the Senate shall be their presiding 
officer. 
‘‘(b) POWERS OF THE PRESIDENT OF SENATE.— 
‘‘(1) MINISTERIAL IN NATURE.—Except as otherwise provided 
in this chapter, the role of the President of the Senate while 
presiding over the joint session shall be limited to performing 
solely ministerial duties. 
‘‘(2) POWERS
EXPLICITLY
DENIED.—The President of the 
Senate shall have no power to solely determine, accept, reject, 
or otherwise adjudicate or resolve disputes over the proper 
certificate of ascertainment of appointment of electors, the 
validity of electors, or the votes of electors. 
‘‘(c) APPOINTMENT
OF TELLERS.—At the joint session of the 
Senate and House of Representatives described in subsection (a), 
there shall be present two tellers previously appointed on the part 
of the Senate and two tellers previously appointed on the part 
of the House of Representatives by the presiding officers of the 
respective chambers. 
‘‘(d) PROCEDURE AT JOINT SESSION GENERALLY.— 
‘‘(1) IN GENERAL.—The President of the Senate shall— 
‘‘(A) open the certificates and papers purporting to 
be certificates of the votes of electors appointed pursuant 
to a certificate of ascertainment of appointment of electors 
issued pursuant to section 5, in the alphabetical order 
of the States, beginning with the letter A; and 
‘‘(B) upon opening any certificate, hand the certificate 
and any accompanying papers to the tellers, who shall 
read the same in the presence and hearing of the two 
Houses. 
‘‘(2) ACTION ON CERTIFICATE.— 
‘‘(A) IN GENERAL.—Upon the reading of each certificate 
or paper, the President of the Senate shall call for objec-
tions, if any. 
‘‘(B) REQUIREMENTS FOR OBJECTIONS OR QUESTIONS.— 
‘‘(i) OBJECTIONS.—No objection or other question 
arising in the matter shall be in order unless the 
objection or question— 
‘‘(I) is made in writing; 
‘‘(II) is signed by at least one-fifth of the Sen-
ators duly chosen and sworn and one-fifth of the 
Members of the House of Representatives duly 
chosen and sworn; and 
‘‘(III) in the case of an objection, states clearly 
and concisely, without argument, one of the 
grounds listed under clause (ii). 
‘‘(ii) GROUNDS FOR OBJECTIONS.—The only grounds 
for objections shall be as follows: 
‘‘(I) The electors of the State were not lawfully 
certified under a certificate of ascertainment of 
appointment of electors according to section 5(a)(1). 
‘‘(II) The vote of one or more electors has not 
been regularly given.
H. R. 2617—781 
‘‘(C) CONSIDERATION OF OBJECTIONS AND QUESTIONS.— 
‘‘(i) IN GENERAL.—When all objections so made to 
any vote or paper from a State, or other question 
arising in the matter, shall have been received and 
read, the Senate shall thereupon withdraw, and such 
objections and questions shall be submitted to the 
Senate for its decision; and the Speaker of the House 
of Representatives shall, in like manner, submit such 
objections and questions to the House of Representa-
tives for its decision. 
‘‘(ii) DETERMINATION.—No objection or any other 
question arising in the matter may be sustained unless 
such objection or question is sustained by separate 
concurring votes of each House. 
‘‘(D) RECONVENING.—When the two Houses have voted, 
they shall immediately again meet, and the presiding 
officer shall then announce the decision of the questions 
submitted. No vote or paper from any other State shall 
be acted upon until the objections previously made to any 
vote or paper from any State, and other questions arising 
in the matter, shall have been finally disposed of. 
‘‘(e) RULES FOR TABULATING VOTES.— 
‘‘(1) COUNTING OF VOTES.— 
‘‘(A) IN GENERAL.—Except as provided in subparagraph 
(B)— 
‘‘(i) only the votes of electors who have been 
appointed under a certificate of ascertainment of 
appointment of electors issued pursuant to section 5, 
or who have legally been appointed to fill a vacancy 
of any such elector pursuant to section 4, may be 
counted; and 
‘‘(ii) no vote of an elector described in clause (i) 
which has been regularly given shall be rejected. 
‘‘(B) EXCEPTION.—The vote of an elector who has been 
appointed under a certificate of ascertainment of appoint-
ment of electors issued pursuant to section 5 shall not 
be counted if— 
‘‘(i) there is an objection which meets the require-
ments of subsection (d)(2)(B)(i); and 
‘‘(ii) each House affirmatively sustains the objec-
tion as valid. 
‘‘(2) DETERMINATION OF MAJORITY.—If the number of elec-
tors lawfully appointed by any State pursuant to a certificate 
of ascertainment of appointment of electors that is issued under 
section 5 is fewer than the number of electors to which the 
State is entitled under section 3, or if an objection the grounds 
for which are described in subsection (d)(2)(B)(ii)(I) has been 
sustained, the total number of electors appointed for the pur-
pose of determining a majority of the whole number of electors 
appointed as required by the Twelfth Amendment to the Con-
stitution shall be reduced by the number of electors whom 
the State has failed to appoint or as to whom the objection 
was sustained. 
‘‘(3) LIST OF VOTES BY TELLERS; DECLARATION OF WINNER.— 
The tellers shall make a list of the votes as they shall appear 
from the said certificates; and the votes having been ascertained 
and counted according to the rules in this subchapter provided,
H. R. 2617—782 
the result of the same shall be delivered to the President 
of the Senate, who shall thereupon announce the state of the 
vote, which announcement shall be deemed a sufficient declara-
tion of the persons, if any, elected President and Vice President 
of the United States, and, together with a list of the votes, 
be entered on the Journals of the two Houses.’’. 
(b) CONFORMING
AMENDMENT.—The table of contents for 
chapter 1 of title 3, United States Code, is amended by striking 
the item relating to section 15 and inserting the following: 
‘‘15. Counting electoral votes in Congress.’’. 
SEC. 110. RULES RELATING TO JOINT SESSION. 
(a) LIMIT OF DEBATE IN EACH HOUSE.—Section 17 of title 3, 
United States Code, is amended to read as follows: 
‘‘§ 17. Same; limit of debate in each House 
‘‘When the two Houses separate to decide upon an objection 
pursuant to section 15(d)(2)(C)(i) that may have been made to 
the counting of any electoral vote or votes from any State, or 
other question arising in the matter— 
‘‘(1) all such objections and questions permitted with 
respect to such State shall be considered at such time; 
‘‘(2) each Senator and Representative may speak to such 
objections or questions for up to five minutes, and not more 
than once; 
‘‘(3) the total time for debate for all such objections and 
questions with respect to such State shall not exceed two hours 
in each House, equally divided and controlled by the Majority 
Leader and Minority Leader, or their respective designees; and 
‘‘(4) at the close of such debate, it shall be the duty of 
the presiding officer of each House to put each of the objections 
and questions to a vote without further debate.’’. 
(b) PARLIAMENTARY PROCEDURE.—Section 18 of title 3, United 
States Code, is amended by inserting ‘‘under section 15(d)(2)(C)(i)’’ 
after ‘‘motion to withdraw’’. 
(c) CONFORMING AMENDMENTS.— 
(1) Sections 16 of title 3, United States Code, is amended 
by striking ‘‘meeting’’ each place it appears in the text and 
in the heading and inserting ‘‘session’’. 
(2) Sections 18 of title 3, United States Code, is amended 
by striking ‘‘meeting’’ each place it appears in the text and 
in the heading and inserting ‘‘session’’. 
(3) The table of contents for chapter 1 of title 3, United 
States Code, is amended— 
(A) by striking ‘‘meeting’’ in the item relating to section 
16 and inserting ‘‘session’’; and 
(B) by striking ‘‘meeting’’ in the item relating to section 
18 and inserting ‘‘session’’. 
SEC. 111. SEVERABILITY. 
(a) IN GENERAL.—Title 3, United States Code, is amended 
by inserting after section 21 the following new section: 
‘‘§ 22. Severability 
‘‘If any provision of this chapter, or the application of 
a provision to any person or circumstance, is held to be
H. R. 2617—783 
unconstitutional, the remainder of this chapter, and the applica-
tion of the provisions to any person or circumstance, shall 
not be affected by the holding.’’. 
(b) CONFORMING
AMENDMENT.—The table of contents for 
chapter 1 of title 3, United States Code, is amended by adding 
at the end the following: 
‘‘22. Severability.’’. 
TITLE II—PRESIDENTIAL TRANSITION 
IMPROVEMENT ACT 
SEC. 201. SHORT TITLE. 
This title may be cited as the ‘‘Presidential Transition Improve-
ment Act’’. 
SEC. 202. MODIFICATIONS TO PRESIDENTIAL TRANSITION ACT OF 1963. 
(a) IN GENERAL.—Section 3 of the Presidential Transition Act 
of 1963 (3 U.S.C. 102 note) is amended by striking subsection 
(c) and inserting the following: 
‘‘(c)(1) APPARENT SUCCESSFUL CANDIDATES.— 
‘‘(A) IN GENERAL.—For purposes of this Act, the ‘apparent 
successful candidate’ for the office of President and Vice Presi-
dent, respectively, shall be determined as follows: 
‘‘(i) If all but one eligible candidate for the office of 
President and one eligible candidate for the office of Vice 
President, respectively, concede the election, then the can-
didate for each such office who has not conceded shall 
be the apparent successful candidate for each such office. 
‘‘(ii) If, on the date that is 5 days after the date of 
the election, more than one eligible candidate for the office 
of President has not conceded the election, then each of 
the remaining eligible candidates for such office and the 
office of Vice President who have not conceded shall be 
treated as the apparent successful candidates until such 
time as a single candidate for the office of President is 
treated as the apparent successful candidate pursuant to 
clause (iii) or clause (iv). 
‘‘(iii) If a single candidate for the office of President 
or Vice President is determined by the Administrator to 
meet the qualifications under subparagraph (B), the 
Administrator may determine that such candidate shall 
solely be treated as the apparent successful candidate for 
that office until such time as a single candidate for the 
office of President is treated as the apparent successful 
candidate pursuant to clause (iv). 
‘‘(iv) If a single candidate for the office of President 
or Vice President is the apparent successful candidate for 
such office under subparagraph (C), that candidate shall 
solely be treated as the apparent successful candidate for 
that office. 
‘‘(B) INTERIM DISCRETIONARY QUALIFICATIONS.—On or after 
the date that is 5 days after the date of the election, the 
Administrator may determine that a single candidate for the 
office of President or Vice President shall be treated as the 
sole apparent successful candidate for that office pursuant to 
subparagraph (A)(iii) if it is substantially certain the candidate
H. R. 2617—784 
will receive a majority of the pledged votes of electors, based 
on consideration of the following factors: 
‘‘(i) The results of the election for such office in States 
in which significant legal challenges that could alter the 
outcome of the election in the State have been substantially 
resolved, such that the outcome is substantially certain. 
‘‘(ii) The certified results of the election for such office 
in States in which the certification is complete. 
‘‘(iii) The results of the election for such office in States 
in which there is substantial certainty of an apparent 
successful candidate based on the totality of the cir-
cumstances. 
‘‘(C) MANDATORY QUALIFICATIONS.— 
‘‘(i) IN GENERAL.—Notwithstanding subparagraph (A) 
or (B), a candidate shall be the sole apparent successful 
candidate for the office of President or Vice President 
pursuant to subparagraph (A)(iv) for purposes of this Act 
if— 
‘‘(I) the candidate receives a majority of pledged 
votes of electors of such office based on certifications 
by States of their final canvass, and the conclusion 
of any recounts, legal actions, or administrative actions 
pertaining to the results of the election for such office; 
‘‘(II) in the case where subclause (I) is not met, 
the candidate receives a majority of votes of electors 
of such office at the meeting and vote of electors under 
section 7 of title 3, United States Code; or 
‘‘(III) in the case where neither subclause (I) or 
(II) is met, the candidate is declared as the person 
elected to such office at the joint session of Congress 
under section 15 of title 3, United States Code. 
‘‘(ii) CLARIFICATION IF STATE UNABLE TO CERTIFY ELEC-
TION RESULTS OR APPOINTS MORE THAN ONE SLATE OF ELEC-
TORS.—For purposes of subclauses (I) and (II) of clause 
(i), if a State is unable to certify its election results or 
a State appoints more than one slate of electors, the votes 
of the electors of such State shall not count towards 
meeting the qualifications under such subclauses. 
‘‘(2) PERIOD OF MULTIPLE POSSIBLE APPARENT SUCCESSFUL CAN-
DIDATES.—During any period in which there is more than one 
possible apparent successful candidate for the office of President— 
‘‘(A) the Administrator is authorized to provide, upon 
request, to each remaining eligible candidate for such office 
and the office of Vice President described in paragraph (1)(A)(ii) 
access to services and facilities pursuant to this Act; 
‘‘(B) the Administrator, in conjunction with the Federal 
Transition Coordinator designated under section 4(c) and the 
senior career employee of each agency and senior career 
employee of each major component and subcomponent of each 
agency designated under subsection (f)(1) to oversee and imple-
ment the activities of the agency, component, or subcomponent 
relating to the Presidential transition, shall make efforts to 
ensure that each such candidate is provided equal access to 
agency information and spaces as requested pursuant to this 
Act; 
‘‘(C) the Administrator shall provide weekly reports to Con-
gress containing a brief summary of the status of funds being
H. R. 2617—785 
distributed to such candidates under this Act, the level of 
access to agency information and spaces provided to such can-
didates, and the status of such candidates with respect to 
meeting the qualifications to be the apparent successful can-
didate for the office of President or Vice President under 
subparagraph (B) or (C) of paragraph (1); and 
‘‘(D) if a single candidate for the office of President or 
Vice President is treated as the apparent successful candidate 
for such office pursuant to subparagraph (A)(iii) or (A)(iv) of 
paragraph (1), not later than 24 hours after such treatment 
is effective, the Administrator shall make available to the public 
a written statement that such candidate is treated as the 
sole apparent successful candidate for such office for purposes 
of this Act, including a description of the legal basis and reasons 
for such treatment based on the qualifications under subpara-
graph (B) or (C) of paragraph (1), as applicable. 
‘‘(3) DEFINITION.—In this subsection, the term ‘eligible can-
didate’ has the meaning given that term in subsection (h)(4).’’. 
(b) CONFORMING AMENDMENTS.—The Presidential Transition 
Act of 1963 (3 U.S.C. 102 note) is amended— 
(1) in section 3— 
(A) in the heading, by striking ‘‘PRESIDENTS-ELECT 
AND
VICE-PRESIDENTS-ELECT’’ and inserting ‘‘APPARENT 
SUCCESSFUL CANDIDATES’’; 
(B) in subsection (a)— 
(i) in the matter preceding paragraph (1)— 
(I) by striking ‘‘each President-elect, each Vice- 
President-elect’’ and inserting ‘‘each apparent 
successful candidate for the office of President and 
Vice President (as determined by subsection (c))’’; 
and 
(II) by striking ‘‘the President-elect and Vice- 
President-elect’’ and inserting ‘‘each such can-
didate’’; 
(ii) in paragraph (1)— 
(I) by striking ‘‘the President-elect, the Vice- 
President-elect’’ 
and 
inserting 
‘‘the 
apparent 
successful candidate’’; and 
(II) by striking ‘‘the President-elect or Vice- 
President-elect’’ 
and 
inserting 
‘‘the 
apparent 
successful candidate’’; 
(iii) in paragraphs (2), (3), (4), and (5), by striking 
‘‘the President-elect or Vice-President-elect’’ each place 
it appears and inserting ‘‘the apparent successful can-
didate’’; 
(iv) in paragraph (4)(B), by striking ‘‘the President- 
elect, the Vice-President-elect, or the designee of the 
President-elect or Vice-President-elect’’ and inserting 
‘‘the apparent successful candidate or their designee’’; 
(v) in paragraph (8), in subparagraph (A)(v) and 
(B), by striking ‘‘the President-elect’’ and inserting ‘‘the 
apparent successful candidate for the office of Presi-
dent’’; and 
(vi) in paragraph (10)— 
(I) by striking ‘‘any President-elect, Vice-Presi-
dent-elect, or eligible candidate’’ and inserting ‘‘any
H. R. 2617—786 
apparent successful candidate or eligible can-
didate’’; and 
(II) by striking ‘‘the President-elect and Vice 
President-elect’’ 
and 
inserting 
‘‘the 
apparent 
successful candidates’’; 
(C) in subsection (b)— 
(i) in paragraph (1), by striking ‘‘the President- 
elect or Vice-President-elect, or after the inauguration 
of the President-elect as President and the inaugura-
tion of the Vice-President-elect as Vice President’’ and 
inserting ‘‘the apparent successful candidates, or after 
the inauguration of the apparent successful candidate 
for the office of President as President and the inau-
guration of the apparent successful candidate for the 
office of Vice President as Vice President’’; and 
(ii) in paragraph (2), by striking ‘‘the President- 
elect, Vice-President-elect’’ and inserting ‘‘the apparent 
successful candidate’’; 
(D) in subsection (d)— 
(i) in the first sentence, by striking ‘‘Each Presi-
dent-elect’’ and inserting ‘‘Each apparent successful 
candidate for the office of President’’; and 
(ii) in the second sentence, by striking ‘‘Each Vice- 
President-elect’’ and inserting ‘‘Each apparent success-
ful candidate for the office of Vice-President’’; 
(E) in subsection (e)— 
(i) in the first sentence, by striking ‘‘Each Presi-
dent-elect and Vice-President-elect’’ and inserting 
‘‘Each apparent successful candidate’’; and 
(ii) in the second sentence, by striking ‘‘any Presi-
dent-elect or Vice-President-elect may be made upon 
the basis of a certificate by him or the assistant des-
ignated by him’’ and inserting ‘‘any apparent successful 
candidate may be made upon the basis of a certificate 
by the candidate or their designee’’; 
(F) in subsection (f)— 
(i) in paragraph (1), by striking ‘‘The President- 
elect’’ and inserting ‘‘Any apparent successful candidate 
for the office of President’’; and 
(ii) in paragraph (2), by striking ‘‘inauguration of 
the President-elect as President and the inauguration 
of the Vice-President-elect as Vice President’’ and 
inserting ‘‘inauguration of the apparent successful can-
didate for the office of President as President and 
the inauguration of the apparent successful candidate 
for the office of Vice President as Vice President’’; 
(G) in subsection (g), by striking ‘‘In the case where 
the President-elect is the incumbent President or in the 
case where the Vice-President-elect is the incumbent Vice 
President’’ and inserting ‘‘In the case where an apparent 
successful candidate for the office of President is the incum-
bent President or in the case where an apparent successful 
candidate for the office of Vice President is the incumbent 
Vice President’’; 
(H) in subsection (h)—
H. R. 2617—787 
(i) in paragraph (2)(B)(iv), by striking ‘‘the Presi-
dent-elect or Vice-President-elect’’ and inserting ‘‘an 
apparent successful candidate’’; and 
(ii) in paragraph (3)(B)(iii), by striking ‘‘the Presi-
dent-elect or Vice-President-elect’’ and inserting ‘‘an 
apparent successful candidate’’; and 
(I) in subsection (i)(3)(C)— 
(i) in clause (i), by striking ‘‘the inauguration of 
the President-elect as President and the inauguration 
of the Vice-President-elect as Vice President’’ and 
inserting ‘‘the inauguration of the apparent successful 
candidate for the office of President as President and 
the inauguration of the apparent successful candidate 
for the office of Vice President as Vice President’’; 
and 
(ii) in clause (ii), by striking ‘‘upon request of the 
President-elect 
or 
the 
Vice-President-elect’’ 
and 
inserting ‘‘upon request of the apparent successful can-
didate’’; 
(2) in section 4— 
(A) in subsection (e)— 
(i) in paragraph (1)(B), by striking ‘‘the President- 
elect and Vice-President-elect’’ and inserting ‘‘the 
apparent successful candidates (as determined by sec-
tion 3(c))’’; and 
(ii) in paragraph (4)(B), by striking ‘‘the President- 
elect is inaugurated’’ and inserting ‘‘the apparent 
successful candidate for the office of President is inau-
gurated’’; and 
(B) in subsection (g)— 
(i) in paragraph (3)(A), by striking ‘‘the President- 
elect’’ and inserting ‘‘the apparent successful candidate 
for the office of President’’; and 
(ii) in paragraph (3)(B)(ii)(III), by striking ‘‘the 
President-elect’’ and inserting ‘‘the apparent successful 
candidate for the office of President’’; 
(3) in section 5, in the first sentence, by striking ‘‘Presi-
dents-elect and Vice-Presidents-elect’’ and inserting ‘‘apparent 
successful candidates (as determined by section 3(c))’’; 
(4) in section 6— 
(A) in subsection (a)— 
(i) in paragraph (1)— 
(I) by striking ‘‘The President-elect and Vice- 
President-elect’’ and inserting ‘‘Each apparent 
successful candidate (as determined by section 
3(c))’’; and 
(II) by striking ‘‘the President-elect or Vice- 
President-elect’’ 
and 
inserting 
‘‘the 
apparent 
successful candidate’’; 
(ii) in paragraph (2), by striking ‘‘The President- 
elect and Vice-President-elect’’ and inserting ‘‘Each 
apparent successful candidate’’; and 
(iii) in paragraph (3)(A), by striking ‘‘inauguration 
of the President-elect as President and the Vice-Presi-
dent-elect as Vice President’’ and inserting ‘‘inaugura-
tion of the apparent successful candidate for the office 
of President as President and the apparent successful
H. R. 2617—788 
candidate for the office of Vice-President as Vice Presi-
dent’’; 
(B) in subsection (b)(1)— 
(i) in the matter preceding subparagraph (A), by 
striking ‘‘The President-elect and Vice-President-elect’’ 
and inserting ‘‘Each apparent successful candidate’’; 
and 
(ii) in subparagraph (A), by striking ‘‘the President- 
elect or Vice-President-elect’s’’ and inserting ‘‘the 
apparent successful candidate’s’’; and 
(C) in subsection (c), by striking ‘‘The President-elect 
and Vice-President-elect’’ and inserting ‘‘Each apparent 
successful candidate’’; and 
(5) in section 7(a)(1), by striking ‘‘the President-elect and 
Vice President-elect’’ and inserting ‘‘the apparent successful 
candidates’’. 
DIVISION Q—AVIATION RELATED 
MATTERS 
SEC. 101. ADVANCED AIR MOBILITY INFRASTRUCTURE PILOT PRO-
GRAM. 
(a) ESTABLISHMENT.—Not later than 180 days after the date 
of enactment of this section, the Secretary shall establish a pilot 
program to provide grants that assist an eligible entity to plan 
for the development and deployment of infrastructure necessary 
to facilitate AAM operations, locally and regionally, within the 
United States. 
(b) PLANNING GRANTS.— 
(1) IN GENERAL.—The Secretary shall provide grants to 
eligible entities to develop comprehensive plans under para-
graph (2) related to AAM infrastructure. 
(2) COMPREHENSIVE PLAN.— 
(A) IN GENERAL.—Not later than 1 year after receiving 
a grant under this subsection, an eligible entity shall 
submit to the Secretary a comprehensive plan, including 
the development of potential public use or private-owned 
vertiport infrastructure, in a format capable of being pub-
lished on the website of the Department of Transportation. 
(B) PLAN
CONTENTS.—The Secretary shall establish 
content requirements for comprehensive plans submitted 
under this subsection, which shall include as many of the 
following as possible: 
(i) The identification of planned or potential public 
use and private-owned vertiport locations. 
(ii) A description of infrastructure necessary to 
support AAM operations. 
(iii) A description of types of planned or potential 
AAM operations and a forecast for proposed vertiport 
operations, including estimates for initial operations 
and future growth. 
(iv) The identification of physical and digital infra-
structure required to meet any standards for vertiport 
design and performance characteristics established by 
the Federal Aviation Administration (as in effect on 
the date on which the Secretary issues a grant to
H. R. 2617—789 
an eligible entity), including modifications to existing 
infrastructure and ground sensors, electric charging 
or other fueling requirements, electric utility require-
ments, wireless and cybersecurity requirements, fire 
safety, perimeter security, and other necessary hard-
ware or software. 
(v) A description of any hazard associated with 
planned or potential vertiport infrastructure, such as 
handling of hazardous materials, batteries, or other 
fuel cells, charging or fueling of aircraft, aircraft rescue 
and firefighting response, and emergency planning. 
(vi) A description of potential environmental effects 
of planned or potential construction or siting of 
vertiports, including efforts to reduce potential aviation 
noise. 
(vii) A description of how planned or potential 
vertiport locations, including new or repurposed infra-
structure, fit into State and local transportation sys-
tems and networks, including— 
(I) connectivity to existing public transpor-
tation hubs and intermodal and multimodal facili-
ties for AAM operations; 
(II) opportunities to create new service to rural 
areas and areas underserved by air transportation; 
or 
(III) any potential conflict with existing avia-
tion infrastructure that may arise from the 
planned or potential location of the vertiport. 
(viii) A description of how vertiport planning will 
be incorporated in State or metropolitan planning docu-
ments. 
(ix) The identification of the process an eligible 
entity will undertake to ensure an adequate level of 
engagement with any potentially impacted community 
for each planned or potential vertiport location and 
planned or potential AAM operations, such as engage-
ment with communities in rural areas, underserved 
communities, Tribal communities, individuals with 
disabilities, or racial and ethnic minorities to address 
equity of access. 
(x) The identification of State, local, or private 
sources of funding an eligible entity may use to assist 
with the construction or operation of a vertiport. 
(xi) The identification of existing Federal aero-
nautical and airspace requirements that must be met 
for the eligible entity’s planned or potential vertiport 
location. 
(xii) The identification of the actions necessary 
for an eligible entity to undertake the construction 
of a vertiport, such as planning studies to assess 
existing infrastructure, environmental studies, studies 
of projected economic benefit to the community, lease 
or acquisition of an easement or land for new infra-
structure, and activities related to other capital costs. 
(3) APPLICATION.—To apply for a grant under this sub-
section, an eligible entity shall provide to the Secretary an