Title: Transportation, Housing and Urban Development, and Related Agencies Appropriations Act, 2023
Policy area: Economics and Public Finance

Summary:
Transportation, Housing and Urban Development, and Related Agencies Appropriations Act, 2023
This bill provides FY2023 appropriations to the Department of Transportation (DOT), the Department of Housing and Urban Development (HUD), and several related agencies.
The bill provides appropriations to DOT for
The bill provides appropriations to HUD for
The bill also provides appropriations to several related agencies, including
The bill includes several provisions that establish requirements and authorities for HUD's programs and activities related to disaster relief and recovery.
Additionally, the bill sets forth requirements and restrictions for using funds provided by this and other appropriations acts.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4670 Introduced in Senate (IS)]

<DOC>






117th CONGRESS
  2d Session
                                S. 4670

   Making appropriations for the Departments of Transportation, and 
Housing and Urban Development, and related agencies for the fiscal year 
           ending September 30, 2023, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 28, 2022

  Mr. Schatz introduced the following bill; which was read twice and 
              referred to the Committee on Appropriations

_______________________________________________________________________

                                 A BILL


 
   Making appropriations for the Departments of Transportation, and 
Housing and Urban Development, and related agencies for the fiscal year 
           ending September 30, 2023, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That the following sums 
are appropriated, out of any money in the Treasury not otherwise 
appropriated, for the Departments of Transportation, and Housing and 
Urban Development, and related agencies for the fiscal year ending 
September 30, 2023, and for other purposes, namely:

                                TITLE I

                      DEPARTMENT OF TRANSPORTATION

                        Office of the Secretary

                         salaries and expenses

                     (including transfer of funds)

    For necessary expenses of the Office of the Secretary, 
$171,014,000:  Provided, That of the sums appropriated under this 
heading--
            (1) $3,569,000 shall be available for the immediate Office 
        of the Secretary;
            (2) $1,277,000 shall be available for the immediate Office 
        of the Deputy Secretary;
            (3) $28,089,000 shall be available for the Office of the 
        General Counsel;
            (4) $17,469,000 shall be available for the Office of the 
        Under Secretary of Transportation for Policy, of which 
        $2,000,000 is for the Office for Multimodal Freight 
        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;
            (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 (referred to 
in this title as the ``Secretary'') is authorized to transfer funds 
appropriated for any office of the Office of the Secretary to any other 
office of the Office of the Secretary:  Provided further, That no 
appropriation for any office shall be increased or decreased by more 
than 7 percent by all such transfers:  Provided further, That notice of 
any change in funding greater than 7 percent shall be submitted for 
approval to the House and Senate Committees on Appropriations:  
Provided further, That not to exceed $70,000 shall be for allocation 
within the Department for official reception and representation 
expenses as the Secretary may determine:  Provided further, That 
notwithstanding any other provision of law, there may be credited to 
this appropriation up to $2,500,000 in funds received in user fees:  
Provided further, That none of the funds provided in this Act shall be 
available for the position of Assistant Secretary for Public Affairs.

                        research and technology

    For necessary expenses related to the Office of the Assistant 
Secretary for Research and Technology, $48,396,000, of which 
$33,718,000 shall remain available until expended:  Provided, That 
there may be credited to this appropriation, to be available until 
expended, funds received from States, counties, municipalities, other 
public authorities, and private sources for expenses incurred for 
training:  Provided further, That any reference in law, regulation, 
judicial proceedings, or elsewhere to the Research and Innovative 
Technology Administration shall continue to be deemed to be a reference 
to the Office of the Assistant Secretary for Research and Technology of 
the Department of Transportation.

                  national infrastructure investments

                     (including transfer of funds)

    For necessary expenses to carry out a local and regional project 
assistance grant program under section 6702 of title 49, United States 
Code, $1,090,000,000, to remain available until expended:  Provided, 
That section 6702(f)(2) of title 49, United States Code, shall not 
apply to amounts made available under this heading in this Act:  
Provided further, That of amounts made available under this heading in 
this Act, not less than $20,000,000 shall be awarded to projects in 
historically disadvantaged communities or areas of persistent poverty 
as defined under section 6702(a)(1) of title 49, United States Code:  
Provided further, That section 6702(g) of title 49, United States Code, 
shall not apply to amounts made available under this heading in this 
Act:  Provided further, That of the amounts made available under this 
heading in this Act not less than 5 percent shall be made available for 
the planning, preparation, or design of eligible projects:  Provided 
further, That grants awarded under this heading in this Act for 
eligible projects for planning, preparation, or design shall not be 
subject to a minimum grant size:  Provided further, That in 
distributing amounts made available under this heading in this Act, the 
Secretary shall take such measures so as to ensure an equitable 
geographic distribution of funds, an appropriate balance in addressing 
the needs of urban and rural areas, including Tribal areas, and the 
investment in a variety of transportation modes:  Provided further, 
That section 6702(c)(2)(C) of title 49, United States Code, shall not 
apply to amounts made available under this heading in this Act:  
Provided further, That a grant award under this heading in this Act 
shall be not greater than $45,000,000:  Provided further, That section 
6702(c)(3) of title 49, United States Code, shall not apply to amounts 
made available under this heading in this Act:  Provided further, That 
not more than 15 percent of the amounts made available under this 
heading in this Act may be awarded to projects in a single State:  
Provided further, That for amounts made available under this heading in 
this Act, the Secretary shall give priority to projects that require a 
contribution of Federal funds in order to complete an overall financing 
package:  Provided further, That section 6702(f)(1) of title 49, United 
States Code, shall not apply to amounts made available under this 
heading in this Act:  Provided further, That of the amounts awarded 
under this heading in this Act, not more than 50 percent shall be 
allocated for eligible projects located in rural areas and not more 
than 50 percent shall be allocated for eligible projects located in 
urbanized areas:  Provided further, That for the purpose of determining 
if an award for planning, preparation, or design under this heading in 
this Act is an urban award, the project location is the location of the 
project being planned, prepared, or designed:  Provided further, That 
the Secretary may retain up to 2 percent of the amounts made available 
under this heading in this Act, and may transfer portions of such 
amounts to the Administrators of the Federal Aviation Administration, 
the Federal Highway Administration, the Federal Transit Administration, 
the Federal Railroad Administration 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 Secretary shall consider and award projects 
based solely on the selection criteria as identified under section 
6702(d)(3) and (d)(4) of title 49, United States Code.

     national surface transportation and innovative finance bureau

    For necessary expenses of the National Surface Transportation and 
Innovative Finance Bureau as authorized by 49 U.S.C. 116, $8,850,000, 
to remain available until expended:  Provided, That the Secretary may 
collect and spend fees, as authorized by title 23, United States Code, 
to cover the costs of services of expert firms, including counsel, in 
the field of municipal and project finance to assist in the 
underwriting and servicing of Federal credit instruments and all or a 
portion of the costs to the Federal 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.

     infrastructure advancement initiative for thriving communities

                     (including transfer of funds)

    For necessary expenses to provide technical assistance and 
cooperative agreements for planning and capacity building for 
transportation infrastructure improvements as established in section 
21205 of Public Law 117-58 and under the heading ``Thriving Communities 
Initiative'' in division L of Public Law 117-103, $25,000,000, to 
remain available until September 30, 2025:  Provided, 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 technical assistance, planning, and 
capacity building to State, local, or Tribal governments, United States 
territories, metropolitan planning organizations, transit agencies, or 
other political subdivisions of State or local governments:  Provided 
further, That to be eligible for a cooperative agreement under this 
heading, a recipient shall provide assistance to entities described in 
the preceding proviso on engaging in public planning processes with 
residents, local businesses, non-profit organizations, and to the 
extent practicable, philanthropic organizations, educational 
institutions, or other community stakeholders:  Provided further, That 
such cooperative agreements shall facilitate the planning and 
development of transportation and community revitalization activities 
supported by the Department of Transportation under titles 23, 46, and 
49, United States Code, that increase mobility, support economic 
growth, alleviate supply chain congestion, improve safety, reduce 
pollution from transportation sources, expand affordable transportation 
options, facilitate efficient land use, preserve or expand jobs, 
enhance connections to health care, education, and food security, or 
improve health outcomes:  Provided further, That the Secretary may 
prioritize assistance provided with amounts made available under this 
heading to communities that have disproportionate rates of pollution 
and poor air quality, communities experiencing disproportionate effects 
(as defined by Executive Order No. 12898), rural areas, Tribal 
communities, Native Alaskan communities, Native Hawaiian communities, 
areas of persistent poverty as defined in section 6702(a)(1) of title 
49, United States Code, or historically 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 first proviso under this 
heading that request assistance:  Provided further, That planning and 
technical assistance made available under this heading may include pre-
application assistance for capital projects eligible under titles 23, 
46, and 49, United States Code:  Provided further, That the Secretary 
may retain amounts made available under this heading for the necessary 
administrative expenses of (1) developing and disseminating best 
practices, modeling, and cost-benefit analysis methodologies to assist 
entities described in the first proviso under this heading with 
applications for financial 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 any amounts made available for section 21205 of 
Public Law 117-58 in this Act or unobligated balances from prior Acts 
may be transferred to this account:  Provided further, That amounts 
transferred to this account under the preceding proviso shall not be 
subject to other provisos under this heading:  Provided further, That 
the Secretary may transfer amounts made available under this heading 
among the Office of the Secretary and the operating administrations of 
the Department of Transportation.

       railroad rehabilitation and improvement financing program

    The Secretary is authorized to issue direct loans and loan 
guarantees pursuant to chapter 224 of title 49, United States Code, and 
such authority shall exist as long as any such direct loan or loan 
guarantee is outstanding.

                      financial management capital

    For necessary expenses for upgrading and enhancing the Department 
of Transportation's financial systems and re-engineering business 
processes, $5,000,000, to remain available through September 30, 2024.

                       cyber security initiatives

    For necessary expenses for cyber security initiatives, including 
necessary upgrades to network and information technology 
infrastructure, improvement of identity management and authentication 
capabilities, securing and protecting data, implementation of Federal 
cyber security initiatives, and implementation of enhanced security 
controls on agency computers and mobile devices, $48,100,000, to remain 
available until September 30, 2024.

                         office of civil rights

    For necessary expenses of the Office of Civil Rights, $17,014,000.

           transportation planning, research, and development

                     (including transfer of funds)

    For necessary expenses for conducting transportation planning, 
research, systems development, development activities, and making 
grants, $36,543,000, to remain available until expended:  Provided, 
That of such amount, $5,436,000 shall be for necessary expenses of the 
Interagency Infrastructure Permitting Improvement Center (IIPIC):  
Provided further, That there may be transferred to this appropriation, 
to remain available until expended, amounts transferred from other 
Federal agencies for expenses incurred 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 funding to the Department in 
accordance with the preceding proviso:  Provided further, That of the 
amounts made available under this heading, $12,914,000 shall be made 
available for the purposes, and in amounts, specified for 
Congressionally Directed Spending in the table entitled 
``Congressionally Directed Spending'' included in the explanatory 
statement accompanying this Act.

                          working capital fund

                     (including transfer of funds)

    For necessary expenses for operating costs and capital outlays of 
the Working Capital Fund, not to exceed $505,285,000, shall be paid 
from appropriations made available to the Department of Transportation: 
 Provided, That such services shall be provided on a competitive basis 
to entities within the Department of Transportation:  Provided further, 
That the limitation in the 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 
Appropriations and are approved by such Committees.

       small and disadvantaged business utilization and outreach

    For necessary expenses for small and disadvantaged business 
utilization and outreach activities, $5,132,000, to remain available 
until September 30, 2024:  Provided, That notwithstanding section 332 
of title 49, United States Code, such amounts may be used for business 
opportunities related to any mode of transportation:  Provided further, 
That appropriations made available under this heading shall be 
available for any purpose consistent with prior year appropriations 
that were made available under the heading ``Office of the Secretary--
Minority Business Resource Center 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, $368,727,000, to be derived from 
the Airport and Airway Trust Fund, to remain available until expended:  
Provided, That in determining between or among carriers competing to 
provide service to a community, the Secretary may consider the relative 
subsidy requirements of the carriers:  Provided further, That basic 
essential air service minimum requirements shall not include the 15-
passenger capacity requirement under section 41732(b)(3) of title 49, 
United States Code:  Provided further, That amounts authorized to be 
distributed for the essential air service program under section 
41742(b) of title 49, United States Code, shall be made available 
immediately from amounts otherwise provided to the Administrator of the 
Federal Aviation Administration:  Provided further, That the 
Administrator may reimburse such amounts from fees credited to the 
account established under section 45303 of title 49, United States 
Code:  Provided further, That, notwithstanding section 41733 of title 
49, United States Code, for fiscal year 2023, the requirements 
established under subparagraphs (B) and (C) of section 41731(a)(1) of 
title 49, United States Code, and the subsidy cap established by 
section 332 of the Department of Transportation and Related Agencies 
Appropriations Act, 2000, shall not apply to maintain eligibility under 
section 41731 of title 49, United States Code.

                         electric vehicle fleet

                     (including transfer of funds)

    For necessary expenses to transition to the General Services 
Administration's leased vehicle fleet, and for the purchase of electric 
passenger motor vehicles and necessary supporting charging or fueling 
infrastructure, $16,000,000, to remain available until expended:  
Provided, That such amounts made available under this heading may be 
transferred to other accounts of the Department of Transportation for 
the purposes of this heading.

  administrative provisions--office of the secretary of transportation

              (including rescission and transfer of funds)

    Sec. 101.  None of the funds made available by this Act to the 
Department of Transportation may be obligated for the Office of the 
Secretary of Transportation to approve assessments or reimbursable 
agreements pertaining to funds appropriated to the operating 
administrations in this Act, except for activities underway on the date 
of enactment of this Act, unless such assessments or agreements have 
completed the normal reprogramming process for congressional 
notification.
    Sec. 102.  The Secretary shall post on the web site of the 
Department of Transportation a schedule of all meetings of the Council 
on Credit and Finance, including the agenda for each meeting, and 
require the Council on Credit and Finance to record the decisions and 
actions of each meeting.
    Sec. 103.  In addition to authority provided by section 327 of 
title 49, United States Code, the Department's Working Capital Fund is 
authorized to provide partial or full payments in advance and accept 
subsequent reimbursements from all Federal agencies from available 
funds for transit benefit distribution services that are necessary to 
carry out the Federal transit pass transportation fringe benefit 
program under Executive Order No. 13150 and section 3049 of SAFETEA-LU 
(5 U.S.C. 7905 note):  Provided, That the Department shall maintain a 
reasonable operating reserve in the Working Capital Fund, to be 
expended in advance to provide uninterrupted transit benefits to 
Government employees:  Provided further, That such reserve shall not 
exceed 1 month of benefits payable and may be used only for the purpose 
of providing for the continuation of transit benefits:  Provided 
further, That the Working Capital Fund shall be fully reimbursed by 
each customer agency from available funds for the actual cost of the 
transit benefit.
    Sec. 104.  Receipts collected in the Department's Working Capital 
Fund, as authorized by section 327 of title 49, United States Code, for 
unused transit and van pool benefits, in an amount not to exceed 10 
percent of fiscal year 2023 collections, shall be available until 
expended in the Department's Working Capital Fund to provide 
contractual services in support of section 189 of this Act:  Provided, 
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 obligated or 
expended for retention or senior executive bonuses for an employee of 
the Department of Transportation without the prior written approval of 
the Assistant Secretary for Administration.
    Sec. 106.  In addition to authority provided by section 327 of 
title 49, United States Code, the Department's Administrative Working 
Capital Fund is hereby authorized to transfer information technology 
equipment, software, and systems from Departmental sources or other 
entities and collect and maintain a reserve at rates which will return 
full cost of transferred assets.
    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 application approval to provide credit 
assistance under sections 603 and 604 of title 23, United States Code, 
the Secretary provides notification in writing to the following 
committees: the House and Senate Committees on Appropriations; the 
Committee on Environment and Public Works and the Committee on Banking, 
Housing and Urban Affairs of the Senate; and the Committee on 
Transportation and Infrastructure of the House of Representatives:  
Provided, That such notification shall include, but not be limited 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 expenses of the 
Volpe National Transportation Systems Center, 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, 2022, from amounts made available for the ``Department of 
Transportation--Office of the Secretary--National Infrastructure 
Investments'' in division H of the Further Consolidated Appropriations 
Act, 2020 (Public Law 116-94) are hereby permanently rescinded, and an 
amount of additional new budget authority equivalent to the amount 
rescinded is hereby appropriated on September 30, 2022, 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 infrastructure investments 
program.
    (b) The remaining unobligated balances, as of September 30, 2022, 
from amounts made available in section 105 of division L of the 
Consolidated Appropriations Act, 2021 (Public Law 116-260) are hereby 
permanently rescinded, and an amount of additional new budget authority 
equivalent to the amount rescinded is hereby appropriated on September 
30, 2022, 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 2019 national infrastructure 
investments program.
    (c) This section shall become effective immediately upon enactment 
of this Act.
    (d) If this Act is enacted after September 30, 2022, this section 
shall be applied as if it were in effect on September 30, 2022.
    Sec. 109A. (a) Amounts made available to the Secretary of 
Transportation or the Department of Transportation'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 identified 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 financial assistance programs in 
the Department of Transportation.
    (b) Amounts transferred under the authority in this section are 
available in addition to amounts otherwise available for such purpose.
    (c) The programs from which funds made available under this Act or 
in Public Law 117-103 may be transferred under subsection (a) are:
            (1) the local and regional project assistance program under 
        section 6702 of title 49, United States Code; and
            (2) the Transportation Resilience and Adaptation Centers of 
        Excellence program under section 520 of title 23, United States 
        Code.

                    Federal Aviation Administration

                               operations

                    (airport and airway trust fund)

                     (including transfer of funds)

    For necessary expenses of the Federal Aviation Administration, not 
otherwise provided for, including operations and research activities 
related to commercial space transportation, administrative expenses for 
research and development, establishment of air navigation facilities, 
the operation (including leasing) and maintenance of aircraft, 
subsidizing the cost of aeronautical charts and maps sold to the 
public, the lease or purchase of passenger motor vehicles for 
replacement only, $11,900,821,000, to remain available until September 
30, 2024, of which $9,933,821,000 to be derived from the Airport and 
Airway Trust Fund:  Provided, That of the sums appropriated under this 
heading--
            (1) not less than $1,601,842,000 shall be available for 
        aviation safety activities;
            (2) $8,787,490,000 shall be available for air traffic 
        organization activities;
            (3) $35,854,000 shall be available for commercial space 
        transportation activities;
            (4) $915,049,000 shall be available for finance and 
        management activities;
            (5) $158,118,000 shall be available for security and 
        hazardous materials safety activities;
            (6) $58,135,000 shall be available for research and 
        development activities;
            (7) $41,465,000 shall be available for integration and 
        engagement activities; and
            (8) $302,868,000 shall be available for staff offices:
  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:  Provided 
further, That no transfer may increase or decrease any appropriation 
under this heading by more than 5 percent:  Provided further, That any 
transfer in excess of 5 percent shall be treated 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:  Provided further, That not later than 60 days 
after the submission of the budget request, the Administrator of the 
Federal Aviation Administration 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 Reauthorization 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 aircraft certification staff in a format similar 
to the one utilized for the controller staffing plan, including stated 
attrition 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 
organization to assist in the development of aviation safety standards: 
 Provided further, That none of the funds made available 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 available for the Federal Aviation Administration to 
finalize or implement any regulation that would promulgate new aviation 
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, municipalities, 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, renewal or 
modification of certificates, including airman, aircraft, and repair 
station certificates, or for tests related thereto, or for processing 
major repair or alteration forms:  Provided further, That of the 
amounts made available under this heading, not less than $188,000,000 
shall be used to fund direct operations of the current air traffic 
control towers in the contract tower program, including the contract 
tower cost share program, and any airport that is currently qualified 
or that will qualify for the program during 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 coordinated 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)

                     (including transfer of funds)

    For necessary expenses, not otherwise provided for, for 
acquisition, establishment, technical support services, improvement by 
contract or purchase, and hire of national airspace systems and 
experimental facilities and equipment, as authorized under part A of 
subtitle VII of title 49, United States Code, including initial 
acquisition of necessary sites by lease or grant; engineering and 
service testing, including construction of test facilities and 
acquisition of necessary sites by lease or grant; construction and 
furnishing of quarters and related accommodations for officers and 
employees of the Federal Aviation Administration stationed at remote 
localities where such accommodations are not available; and the 
purchase, lease, or transfer of aircraft from funds made available 
under this heading, including aircraft for aviation regulation and 
certification; to be derived from the Airport and Airway Trust Fund, 
$3,060,000,000, of which $570,000,000 is for personnel and related 
expenses and shall remain available until September 30, 2024, 
$2,311,000,000 shall remain available until September 30, 2025, and 
$179,000,000 is for terminal facilities and shall remain available 
until September 30, 2027:  Provided, That there may be credited to this 
appropriation funds received from States, counties, municipalities, 
other public authorities, and private sources, for expenses incurred in 
the establishment, improvement, and modernization of national airspace 
systems:  Provided further, That not later than 60 days after 
submission of the budget request, the Secretary of Transportation shall 
transmit to the Congress an investment plan for the Federal Aviation 
Administration 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 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 Investments 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 accompanying 
this 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 proviso 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 further, That of 
the amounts made available under this heading for terminal facilities, 
$45,000,000 shall be made available for the purposes, and in amounts, 
specified for Congressionally Directed Spending in the table entitled 
``Congressionally Directed Spending'' included in the explanatory 
statement accompanying this Act.

                 research, engineering, and development

                    (airport and airway trust fund)

                     (including transfer of funds)

    For necessary expenses, not otherwise provided for, for research, 
engineering, and development, as authorized under part A of subtitle 
VII of title 49, United States Code, including construction of 
experimental facilities and acquisition of necessary sites by lease or 
grant, $266,100,000, 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 offsetting collections, 
funds received from States, counties, municipalities, 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 accompanying this Act:  
Provided further, That not to exceed 10 percent of any funding level 
specified under this heading in the explanatory statement accompanying 
this Act may be transferred to any other funding level specified under 
this heading in the explanatory statement accompanying this Act:  
Provided further, That no transfer may increase or decrease any funding 
level by more than 10 percent:  Provided further, That any transfer in 
excess of 10 percent shall be treated 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 compatibility planning and 
programs as authorized under subchapter I of chapter 471 and subchapter 
I of chapter 475 of title 49, United States Code, and under other law 
authorizing 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 inspection activities and 
administration of airport safety programs, including those related to 
airport operating certificates 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:  Provided, 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 section 
47117(g) of title 49, United States Code:  Provided further, 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 more than $137,372,000 shall be available for 
administration, not less than $15,000,000 shall be available for the 
Airport Cooperative Research Program, not less than $40,828,000 shall 
be available for Airport Technology Research, and $10,000,000, to 
remain available until expended, 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 community 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 proposals.

                       grants-in-aid for airports

    For an additional amount for ``Grants-In-Aid for Airports'', 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, $516,951,000, to remain available 
through September 30, 2025:  Provided, That amounts made available 
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 Code:  Provided further, That of the sums 
appropriated under this heading--
            (1) $116,951,000 shall be made available for the purposes, 
        and in amounts, specified for Congressionally Directed Spending 
        in the table entitled ``Congressionally Directed Spending'' 
        included in the explanatory statement accompanying this Act; 
        and
            (2) up to $400,000,000 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 
        maintenance 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 related air quality 
        improvements, acquisition of airport-owned vehicles or ground 
        support equipment with low-emission technology:
  Provided further, That the Secretary may make discretionary grants to 
primary airports for airport-owned infrastructure 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, including, but not limited to, on-airport construction or 
expansion of pipelines, rail lines and spurs, loading and off-loading 
facilities, blending facilities, and storage tanks:  Provided further, 
That the Secretary may make discretionary grants for airport 
development improvements of runways, taxiways, and aprons necessary to 
sustain commercial service flight operations at a nonhub, small hub, 
medium hub, or large hub airport to increase resilience for the purpose 
of resuming flight operations under visual flight rules following an 
earthquake, flooding, high water, hurricane, storm surge, tidal wave, 
tornado, tsunami, wind driven water, or winter storms:  Provided 
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 Federal 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.

       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 development center contract between the 
Federal Aviation Administration 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 regulations requiring airport 
sponsors to provide to the Federal Aviation Administration without cost 
building construction, maintenance, utilities and expenses, or space in 
airport sponsor-owned buildings for services relating to air traffic 
control, air navigation, or weather reporting:  Provided, That the 
prohibition on the use of funds in this section 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 airport 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 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 appropriation 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 section 5546(a) of title 5, 
United States Code, to any Federal Aviation Administration employee 
unless such employee actually performed work during the time 
corresponding to such premium pay.
    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 implement any limitation on the ability of 
any owner or operator of a private aircraft to obtain, upon a request 
to the Administrator of the Federal Aviation Administration, a blocking 
of that owner's or operator's aircraft registration number, Mode S 
transponder code, flight identification, call sign, or similar 
identifying information from any ground based display to the public 
that would allow the real-time or near real-time flight tracking of 
that aircraft's movements, except data made available to a Government 
agency, for the noncommercial flights of that owner or operator.
    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 Committees on Appropriations a report that justifies all 
fees related to aeronautical navigation products and explains how such 
fees are consistent with Executive Order No. 13642.
    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.
    Sec. 119A.  None of the funds made available by or limited by this 
Act may be used to change weight restrictions or prior permission rules 
at Teterboro airport in Teterboro, New Jersey.
    Sec. 119B.  None of the funds made available by this Act may be 
used by the Administrator of the Federal Aviation Administration to 
withhold from consideration and approval any new application for 
participation in the Contract Tower Program, or for reevaluation of 
Cost-share Program participants so long as the Federal Aviation 
Administration has received an application from the airport, and so 
long as the Administrator determines such tower is eligible using the 
factors set forth in Federal Aviation Administration published 
establishment criteria.
    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 request for the reprogramming of 
funds under section 405 of this Act.
    Sec. 119D.  The Federal Aviation Administration Administrative 
Services Franchise Fund may be reimbursed after performance or paid in 
advance from funds available to the Federal Aviation Administration and 
other Federal agencies for which the Fund performs services.
    Sec. 119E.  None of the funds appropriated or otherwise made 
available to the FAA may be used to carry out the FAA's obligations 
under section 44502(e) of title 49, United States Code, unless the 
eligible air traffic system or equipment to be transferred to the FAA 
under section 44502(e) of title 49, United States Code, was purchased 
by the transferor airport--
            (1) during the period of time beginning on October 5, 2018 
        and ending on December 31, 2021; or
            (2) on or after January 1, 2022 for transferor airports 
        located in a noncontiguous States.

                     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 Administration, shall be 
obligated for necessary expenses for administration and operation of 
the Federal Highway Administration:  Provided, That in addition, 
$3,248,000 shall be transferred to the Appalachian Regional Commission 
in accordance 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 construction 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 $3,159,652,000:  
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 Highways'' under chapter 1 of title 23, United States 
Code; (2) the Appalachian Development Highway System as authorized 
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 (23 U.S.C. 201 note); (4) the Tribal 
high priority projects program under section 1123 of MAP-21 (as amended 
by Public Law 117-58); (5) the Northern Border Regional Commission (40 
U.S.C. 15101 et seq.); or (6) 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 September 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 appropriated under 
this heading--
            (1) $628,652,000 shall be for the purposes, and in the 
        amounts, specified for Congressionally Directed Spending in the 
        table entitled ``Congressionally Directed Spending'' included 
        in the explanatory statement accompanying this Act:  Provided, 
        That, except as otherwise provided under this heading, the 
        funds made available under this paragraph shall be administered 
        as if apportioned under chapter 1 of title 23, United States 
        Code:  Provided further, That funds made available under this 
        paragraph that are used for Tribal projects shall be 
        administered as if allocated under chapter 2 of title 23, 
        United States Code, except that the set-asides described 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 paragraph, the term ``Appalachian State'' means a State 
        that contains 1 or more counties (including any political 
        subdivision located within the area) in the Appalachian 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 construction of the 
        Appalachian Development Highway System 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:  Provided further, That subject to the 
        following proviso, funds made available under this heading for 
        construction of the Appalachian Development Highway System 
        shall be apportioned to Appalachian States according to the 
        percentages derived from the 2012 Appalachian 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 
        estimated 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 Development Highway System Completion 
        Report, unless those States have modified and assigned a higher 
        priority for completion of an Appalachian Development Highway 
        System corridor, as reported in the 2020 Appalachian 
        Development Highway System Future Outlook:  Provided further, 
        That the Secretary shall adjust apportionments made under the 
        preceding 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 Appalachian 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 
        provisos:  Provided further, That the Federal share of the 
        costs for which an expenditure is made for construction of the 
        Appalachian Development Highway System under this heading shall 
        be up to 100 percent;
            (3) $51,000,000 shall be for the nationally significant 
        Federal lands and Tribal projects program under section 1123 of 
        the FAST Act, as amended (23 U.S.C. 201 note);
            (4) $25,000,000 shall be to carry out the Tribal high 
        priority projects program under section 1123 of MAP-21 (as 
        amended by Public Law 117-58);
            (5) $1,382,000,000 shall be for a bridge replacement and 
        rehabilitation program:  Provided, That, for the purposes of 
        funds made available under this paragraph, 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 
        condition 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 making 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 percentages 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 paragraph--
                    (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 redistributed 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 public roads:  Provided further, 
        That for purposes of this paragraph, the Secretary shall 
        calculate the percentages of total deck area of bridges 
        (including the percentages of total deck area classified as in 
        poor condition) and the percentages of total bridge counts 
        (including the percentages of total bridges classified as in 
        poor condition) based on the National Bridge Inventory as of 
        December 31, 2018:  Provided further, That, except as otherwise 
        provided under this heading, the funds made available under 
        this paragraph shall be administered as if apportioned under 
        chapter 1 of title 23, United States Code;
            (6) $16,000,000 shall be for the national scenic byways 
        program under section 162 of title 23, United States Code:  
        Provided, That, except as otherwise provided under this 
        heading, the funds made available under this paragraph shall be 
        administered as if apportioned under chapter 1 of title 23, 
        United States Code;
            (7) $10,000,000 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 Regional 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;
            (8) $250,000,000 shall be for competitive awards for 
        activities eligible under section 176(d)(4) of title 23, United 
        States Code, of which $200,000,000 shall be for such activities 
        eligible under subparagraph (A) of such section, and of which 
        $50,000,000 shall be for such activities eligible under 
        subparagraph (C) of such section:  Provided, That, except as 
        otherwise provided under this heading, the funds made available 
        under this paragraph shall be administered 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 purposes 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 Secretary may retain not more than 
        a total of 5 percent of the amounts made available under this 
        paragraph to carry out this paragraph and to review 
        applications for grants under this paragraph, and may transfer 
        portions of the funds retained under this proviso to the 
        relevant Administrators to fund the award and oversight of 
        grants provided under this paragraph:  Provided further, That a 
        project assisted with funds made available under this paragraph 
        shall be treated as a project on a Federal-aid highway;
            (9) $25,000,000 shall be for the active transportation 
        infrastructure investment program under section 11529 of the 
        Infrastructure Investment and Jobs Act (23 U.S.C. 217 note):  
        Provided, That except as otherwise provided under such section 
        or this heading, the funds made available under this paragraph 
        shall be administered as if apportioned under chapter 1 of 
        title 23, United States Code:  Provided further, That funds 
        made available under this paragraph shall remain available 
        until expended;
            (10) $3,000,000 shall be to carry out the Pollinator-
        Friendly Practices on Roadsides and Highway Rights-of-Way 
        Program under section 332 of title 23, United States Code;
            (11) $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 
        available 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 expenditure is 
        made with funds transferred under this paragraph shall be up to 
        90 percent;
            (12) $20,000,000 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 provided 
        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:  Provided 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;
            (13) $640,680,000 shall be for activities eligible under 
        section 133(b) of title 23, United States Code, and to provide 
        necessary charging infrastructure along corridor-ready or 
        corridor-pending alternative fuel corridors designated pursuant 
        to section 151 of title 23, United States Code:  Provided, That 
        for the purposes of funds made available under this paragraph, 
        the term ``State'' means any of the 50 States or the District 
        of Columbia:  Provided further, That the funds made available 
        under this paragraph shall be suballocated in the manner 
        described in section 133(d) of title 23, United States Code, 
        except that the set-aside described in section 133(h) of such 
        title shall not apply to funds made available under this 
        paragraph:  Provided further, That, except as otherwise 
        provided under this heading, the funds made available under 
        this paragraph shall be administered as if apportioned under 
        chapter 1 of such title:  Provided further, That, the funds 
        made available under this paragraph shall be apportioned to the 
        States in the same ratio as the obligation limitation for 
        fiscal year 2023 is distributed among the States in section 
        120(a)(5) of this Act;
            (14) $2,670,000 shall be for activities eligible under the 
        Puerto Rico Highway Program as described in section 
        165(b)(2)(C) of title 23, United States Code:  Provided, That, 
        except as provided in the following proviso, the funds made 
        available under this paragraph shall be administered as if 
        allocated under section 165(b) of title 23, United States Code: 
         Provided further, That the funds made available under this 
        paragraph shall not be subject to the requirements of sections 
        165(b)(2)(A) or 165(b)(2)(B) of such title; and
            (15) $650,000 shall be for activities eligible under the 
        Territorial Highway Program, as described in section 165(c)(6) 
        of title 23, United States Code:  Provided, That the funds made 
        available under this paragraph shall be administered as if 
        allocated under section 165(c) of title 23, United States Code.

       administrative provisions--federal highway administration

    Sec. 120. (a) For fiscal year 2023, the Secretary of Transportation 
shall--
            (1) not distribute from the obligation limitation for 
        Federal-aid highways--
                    (A) amounts authorized for administrative expenses 
                and programs by section 104(a) of title 23, United 
                States Code; and
                    (B) amounts authorized for the Bureau of 
                Transportation Statistics;
            (2) not distribute an amount from the obligation limitation 
        for Federal-aid highways that is equal to the unobligated 
        balance of amounts--
                    (A) made available from the Highway Trust Fund 
                (other than the Mass Transit Account) for Federal-aid 
                highway and highway safety construction programs for 
                previous fiscal years the funds for which are allocated 
                by the Secretary (or apportioned by the Secretary under 
                sections 202 or 204 of title 23, United States Code); 
                and
                    (B) for which obligation limitation was provided in 
                a previous fiscal year;
            (3) determine the proportion that--
                    (A) the obligation limitation for Federal-aid 
                highways, less the aggregate of amounts not distributed 
                under paragraphs (1) and (2) of this subsection; bears 
                to
                    (B) the total of the sums authorized to be 
                appropriated for the Federal-aid highway and highway 
                safety construction programs (other than sums 
                authorized to be appropriated for provisions of law 
                described in paragraphs (1) through (11) of subsection 
                (b) and sums authorized to be appropriated for section 
                119 of title 23, United States Code, equal to the 
                amount referred to in subsection (b)(12) for such 
                fiscal year), less the aggregate of the amounts not 
                distributed under paragraphs (1) and (2) of this 
                subsection;
            (4) distribute the obligation limitation for Federal-aid 
        highways, less the aggregate amounts not distributed under 
        paragraphs (1) and (2), for each of the programs (other than 
        programs to which paragraph (1) applies) that are allocated by 
        the Secretary under authorized Federal-aid highway and highway 
        safety construction programs, or apportioned by the Secretary 
        under section 202 or 204 of title 23, United States Code, by 
        multiplying--
                    (A) the proportion determined under paragraph (3); 
                by
                    (B) the amounts authorized to be appropriated for 
                each such program for such fiscal year; and
            (5) distribute the obligation limitation for Federal-aid 
        highways, less the aggregate amounts not distributed under 
        paragraphs (1) and (2) and the amounts distributed under 
        paragraph (4), for Federal-aid highway and highway safety 
        construction programs that are apportioned by the Secretary 
        under title 23, United States Code (other than the amounts 
        apportioned for the National Highway Performance Program in 
        section 119 of title 23, United States Code, that are exempt 
        from the limitation under subsection (b)(12) and the amounts 
        apportioned under sections 202 and 204 of that title) in the 
        proportion that--
                    (A) amounts authorized to be appropriated for the 
                programs that are apportioned under title 23, United 
                States Code, to each State for such fiscal year; bears 
                to
                    (B) the total of the amounts authorized to be 
                appropriated for the programs that are apportioned 
                under title 23, United States Code, to all States for 
                such fiscal year.
    (b) Exceptions From Obligation Limitation.--The obligation 
limitation for Federal-aid highways shall not apply to obligations 
under or for--
            (1) section 125 of title 23, United States Code;
            (2) section 147 of the Surface Transportation Assistance 
        Act of 1978 (23 U.S.C. 144 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 Assistance Act of 1987 
        (101 Stat. 198);
            (6) sections 1103 through 1108 of the Intermodal Surface 
        Transportation Efficiency Act of 1991 (105 Stat. 2027);
            (7) section 157 of title 23, United States Code (as in 
        effect on June 8, 1998);
            (8) section 105 of title 23, United States Code (as in 
        effect for fiscal years 1998 through 2004, but only in an 
        amount equal to $639,000,000 for each of those fiscal years);
            (9) Federal-aid highway programs for which obligation 
        authority was made available under the Transportation Equity 
        Act for the 21st Century (112 Stat. 107) or subsequent Acts for 
        multiple years or to remain available until expended, but only 
        to the extent that the obligation authority has not lapsed or 
        been used;
            (10) section 105 of title 23, United States Code (as in 
        effect for fiscal years 2005 through 2012, but only in an 
        amount equal to $639,000,000 for each of those fiscal years);
            (11) section 1603 of SAFETEA-LU (23 U.S.C. 118 note; 119 
        Stat. 1248), to the extent that funds obligated in accordance 
        with that section were not subject to a limitation on 
        obligations at the time at which the funds were initially made 
        available for obligation; 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 Authority.--Notwithstanding 
subsection (a), the Secretary shall, after August 1 of such fiscal 
year--
            (1) revise a distribution of the obligation limitation made 
        available under subsection (a) if an amount distributed cannot 
        be obligated during that fiscal year; and
            (2) redistribute sufficient amounts to those States able to 
        obligate amounts in addition to those previously distributed 
        during that fiscal year, giving priority to those States having 
        large unobligated balances of funds apportioned under sections 
        144 (as in effect on the day before the date of enactment of 
        Public Law 112-141) and 104 of title 23, United States Code.
    (d) Applicability of Obligation Limitations to Transportation 
Research Programs.--
            (1) In general.--Except as provided in paragraph (2), the 
        obligation limitation for Federal-aid highways shall apply to 
        contract authority for transportation research programs carried 
        out under--
                    (A) chapter 5 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 Infrastructure 
                Investment and Jobs Act (Public Law 117-58).
            (2) Exception.--Obligation authority made available under 
        paragraph (1) shall--
                    (A) remain available for a period of 4 fiscal 
                years; and
                    (B) be in addition to the amount of any limitation 
                imposed on obligations for Federal-aid highway and 
                highway safety construction programs for future fiscal 
                years.
    (e) Redistribution of Certain Authorized Funds.--
            (1) In general.--Not later than 30 days after the date of 
        distribution of obligation limitation under subsection (a), the 
        Secretary shall distribute to the States any funds (excluding 
        funds authorized for the program under section 202 of title 23, 
        United States Code) that--
                    (A) are authorized to be appropriated for such 
                fiscal year for Federal-aid highway programs; and
                    (B) the Secretary determines will not be allocated 
                to the States (or will not be apportioned to the States 
                under section 204 of title 23, United States Code), and 
                will not be available for obligation, for such fiscal 
                year because of the imposition of any obligation 
                limitation for such fiscal year.
            (2) Ratio.--Funds shall be distributed under paragraph (1) 
        in the same proportion as the distribution of obligation 
        authority under subsection (a)(5).
            (3) Availability.--Funds distributed to each State under 
        paragraph (1) shall be available for any purpose described in 
        section 133(b) of title 23, United States Code.
    Sec. 121.  Notwithstanding 31 U.S.C. 3302, funds received by the 
Bureau of Transportation Statistics from the sale of data products, for 
necessary expenses incurred pursuant to chapter 63 of title 49, United 
States Code, may be credited to the Federal-aid highways account for 
the purpose 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 requirement for Federal-aid 
highways projects, the Secretary of Transportation shall make an 
informal public notice and comment opportunity on the intent to issue 
such waiver and the reasons therefor:  Provided, 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, provides written notification to the House 
and Senate Committees on Appropriations of the proposed grant, 
including an evaluation and justification for the project and the 
amount of the proposed grant award.
    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 obligation limitation:  Provided, That the Department of 
Transportation 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. Notwithstanding the original period of 
availability of funds to be obligated under this section, such funds 
and associated obligation 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--
            (1) congressionally directed spending, as defined in rule 
        XLIV of the Standing Rules of the Senate, identified in a prior 
        law, report, or joint explanatory statement, which was 
        authorized to be appropriated or appropriated more than 10 
        fiscal years prior to the current fiscal year, and administered 
        by the Federal Highway Administration; or
            (2) a congressional earmark, as defined in rule XXI of the 
        Rules of the House of Representatives, identified in a prior 
        law, report, or joint explanatory statement, which was 
        authorized to be appropriated or appropriated more than 10 
        fiscal years prior to the current fiscal year, and administered 
        by the Federal Highway Administration.
    (c) The authority under subsection (a) may be exercised only for 
those projects or activities that have obligated less than 10 percent 
of the amount made available for obligation as of October 1 of the 
current fiscal year, and shall be applied to projects within the same 
general geographic area within 25 miles for which the funding was 
designated, except that a State or territory may apply such authority 
to unexpended balances of funds from projects or activities the State 
or territory certifies have been closed and for which payments have 
been made under a final voucher.
    (d) The Secretary shall submit consolidated reports of the 
information provided by the States and territories annually to the 
House and Senate Committees on Appropriations.
    Sec. 125.  Section 1105(e)(5)(C)(i) of the Intermodal Surface 
Transportation Efficiency Act of 1991 (Public Law 102-240; 109 Stat. 
598; 133 Stat. 3018) is amended by striking the seventh, eighth, and 
ninth sentences.

              Federal Motor Carrier Safety Administration

              motor carrier safety operations and programs

                (liquidation of contract authorization)

                      (limitation on obligations)

                          (highway trust fund)

    For payment of obligations incurred in the implementation, 
execution and administration of motor carrier safety operations and 
programs pursuant to section 31110 of title 49, United States Code, as 
amended by the Infrastructure 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 advances and 
reimbursements received by the Federal Motor Carrier Safety 
Administration, the sum of which shall remain available until expended: 
 Provided, That funds available 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 Operations and 
Programs'' for fiscal year 2023, of which $14,073,000, to remain 
available for obligation until September 30, 2025, is for the research 
and technology program, and of which not less than $63,098,000, to 
remain available for obligation until September 30, 2025, is for 
development, modernization, enhancement, and continued operation and 
maintenance of information technology and information 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 carrier 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 sums appropriated under this heading--
            (1) $398,500,000 shall be available for the motor carrier 
        safety assistance program;
            (2) $42,650,000 shall be available for the commercial 
        driver's license program implementation program;
            (3) $58,800,000 shall be available for the high priority 
        activities program;
            (4) $1,200,000 shall be available for the commercial motor 
        vehicle operators grant program; and
            (5) $5,000,000 shall be available for the commercial motor 
        vehicle enforcement training and support grant program.

 administrative provisions--federal motor carrier safety administration

    Sec. 130.  The Federal Motor Carrier Safety Administration shall 
send notice of section 385.308 of title 49, Code of Federal 
Regulations, violations by certified mail, registered 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 Administration shall 
update annual inspection regulations under Appendix G to subchapter B 
of chapter III of title 49, Code of Federal Regulations, as recommended 
by GAO-19-264.
    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 implement, administer, or enforce 
the requirements of section 31137 of title 49, United States Code, or 
any regulation issued by the Secretary pursuant to such section, with 
respect to the use of electronic logging devices by operators of 
commercial motor vehicles, as 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, authorized under chapter 
301 and part C of subtitle VI of title 49, United States Code, 
$210,000,000, to remain available through September 30, 2024.

                        operations and research

                (liquidation of contract authorization)

                      (limitation on obligations)

                          (highway trust fund)

    For payment of obligations incurred in carrying out the provisions 
of section 403 of title 23, United States Code, including behavioral 
research on Automated Driving Systems and Advanced Driver Assistance 
Systems and improving consumer responses to safety recalls, section 
25024 of the Infrastructure Investment and Jobs Act (Public Law 117-
58), 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 available 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 authorized under 
        section 403 of title 23, United States Code, including 
        behavioral research on Automated Driving Systems and Advanced 
        Driver Assistance Systems and improving consumer responses to 
        safety recalls, and section 25024 of the Infrastructure 
        Investment and Jobs Act (Public Law 117-58); 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 obligations for future years:  Provided further, 
That amounts for behavioral research on Automated Driving Systems and 
Advanced Driver Assistance Systems and improving 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 available until expended, $795,220,000, to be derived 
from the Highway Trust Fund (other than the Mass Transit Account):  
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 appropriated under 
this heading--
            (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 office 
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 amounts:  Provided further, That the 
Administrator shall notify the House and Senate Committees on 
Appropriations prior to exercising the authority granted under the 
preceding proviso or under section 405(a)(8) of title 23, United States 
Code.

      administrative provisions--national highway traffic safety 
                             administration

    Sec. 140.  An additional $130,000 shall be made available to the 
National Highway Traffic Safety Administration, out of the amount 
limited for section 402 of title 23, United States Code, to pay for 
travel and related expenses for State management reviews and to pay for 
core competency development training and related expenses for highway 
safety staff.
    Sec. 141.  The limitations on obligations for the programs of the 
National Highway Traffic Safety Administration set in this Act shall 
not apply to obligations for which obligation authority was made 
available in previous public laws but only to the extent that the 
obligation authority has not lapsed or been used.
    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.
    Sec. 143.  Section 24220 of the Infrastructure Investment 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 Administration, not 
otherwise provided for, $254,426,000, of which $25,000,000 shall remain 
available until expended.

                   railroad research and development

    For necessary expenses for railroad research and development, 
$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 construction, 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 Partnership for 
Intercity Passenger Rail grants as authorized by section 24911 of title 
49, United States Code, $200,000,000, to remain available until 
expended:  Provided, That the Secretary may withhold up to 2 percent of 
the amount provided 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 authorized by section 22907 of title 
49, United States Code, $534,566,000, to remain available until 
expended:  Provided,That of the amounts made available under this 
heading in this Act, $30,426,000 shall be made available for the 
purposes, and in amounts, specified for Congressionally Directed 
Spending in the table entitled ``Congressionally Directed Spending'' 
included in the explanatory statement accompanying this Act:  Provided 
further, That requirements under subsections (g) and (l) of section 
22907 of title 49, United States Code, shall not apply to the preceding 
proviso:  Provided further, That any remaining funds available after 
the distribution of the Congressionally Directed Spending described 
under this heading shall be available to the Secretary to distribute as 
discretionary grants under this heading:  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 section 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 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 retain up to $5,000,000 
of the amount provided under this heading in this Act to establish a 
National Railroad Institute to develop and conduct training and 
education programs for both public and private sector railroad and 
railroad-related industry employees:  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 authorized by section 22101(a) of the 
Infrastructure Investment and Jobs Act (division B of Public Law 117-
58), $1,134,811,000, to remain available until expended:  Provided, 
That the Secretary may retain up to one-half of 1 percent of the funds 
provided 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 activities 
authorized by section 22101(c) of the Infrastructure Investment and 
Jobs Act (division B of Public Law 117-58):  Provided further, That in 
addition to the project management oversight funds authorized under 
section 22101(c) of the Infrastructure Investment and Jobs Act 
(division B of Public Law 117-58), the Secretary may retain up to an 
additional $6,000,000 of the funds provided 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 authorized by section 22101(b) of the 
Infrastructure Investment and Jobs Act (division B of Public Law 117-
58), $1,465,882,000, to remain available until expended:  Provided, 
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 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 control systems are not required by law or regulation as 
identified on or before the date of enactment of this Act:  Provided 
further, That any unexpended balances from amounts provided 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 improvements on State-supported routes as identified on or 
before the date of enactment of Public Law 117-103:  Provided 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 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 
portion 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.

       administrative provisions--federal railroad administration

                     (including transfer of funds)

    Sec. 150.  None of the funds made available to the National 
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 employees 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 Appropriations 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:  
Provided 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 calendar years.
    Sec. 151.  None of the funds made available by this Act may be used 
by the National Railroad Passenger Corporation in contravention of the 
Worker Adjustment and Retraining Notification Act (29 U.S.C. 2101 et 
seq.).
    Sec. 152.  The amounts made available to the Secretary or to the 
Federal Railroad Administration for the costs of award, administration, 
and project management oversight of financial assistance which are 
administered by the Federal Railroad Administration, in this and prior 
Acts, may be transferred to the Federal Railroad Administration'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 
administered by the Federal Railroad Administration, in the same manner 
as appropriated for in this and prior Acts:  Provided, 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 
Control Act of 1985.
    Sec. 153.  None of the funds made available to the National 
Railroad Passenger Corporation under the headings ``Northeast Corridor 
Grants to the National Railroad Passenger Corporation'' and ``National 
Network Grants to the National Railroad Passenger Corporation'' may be 
used to reduce the total number of Amtrak Police Department uniformed 
officers patrolling on board passenger trains or at stations, 
facilities or rights-of-way below the staffing level on May 1, 2019.
    Sec. 154.  It is the sense of Congress that--
            (1) long-distance passenger rail routes provide much-needed 
        transportation access for 4,700,000 riders in 325 communities 
        in 40 States and are particularly important in rural areas; and
            (2) long-distance passenger rail routes and services should 
        be sustained to ensure connectivity throughout the National 
        Network (as defined in section 24102 of title 49, United States 
        Code).
    Sec. 155.  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 following--
            ``(8) Staffing.--The Committee may--
                    ``(A) appoint, terminate, and fix the compensation 
                of an executive director and other Committee employees 
                necessary for the Committee 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 employees of the Committee are 
                not federal employees for any purpose.
            ``(9) Authorization of appropriations.--Amounts made 
        available by the Secretary of Transportation for the Committee 
        may be used to carry out this section.''.

                     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 available until expended:  Provided, That funds available for 
the 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, grants to areas of persistent poverty, innovative 
mobility solutions grants under section 5312 of such title, 
accelerating innovative mobility initiative grants under section 5312 
such title, accelerating the adoption of zero emission buses under 
section 5312 of such title, Community Project Funding/Congressionally 
Directed Spending 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, $527,131,000, to remain 
available until expended:  Provided, That of the sums provided under 
this heading in this Act--
            (1) $220,000,000 shall be available for buses and bus 
        facilities competitive grants as authorized under section 
        5339(b) of such title;
            (2) $135,000,000 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) $20,000,000 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 operation and 
        maintenance of the bus testing facilities selected under 
        section 5318 of such title;
            (5) $1,000,000 shall be available for the demonstration and 
        deployment of innovative mobility solutions as authorized under 
        section 5312 of title 49, United States Code:  Provided, That 
        such amounts shall be available for competitive grants or 
        cooperative agreements for the development of software to 
        facilitate the provision of demand-response public 
        transportation service that dispatches public transportation 
        fleet vehicles through riders mobile devices or other advanced 
        means:  Provided further, That the Secretary shall evaluate the 
        potential for software developed with grants or cooperative 
        agreements to be shared for use by public transportation 
        agencies;
            (6) $1,000,000 shall be for the accelerating innovative 
        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 
        proven innovation mobility practices throughout the public 
        transportation industry;
            (7) $20,000,000 shall be available for competitive grants 
        to eligible entities to assist areas of persistent poverty as 
        defined under section 6702(a)(1) of title 49, United States 
        Code, or historically disadvantaged communities:  Provided, 
        That grants shall be for planning, engineering, or development 
        of technical or financing plans for projects eligible under 
        chapter 53 of title 49, United States Code:  Provided further, 
        That eligible entities are those defined as eligible recipients 
        or subrecipients under sections 5307, 5310 or 5311 of title 49, 
        United States Code, and are in areas of persistent poverty as 
        defined under section 6702(a)(1) of title 49, United States 
        Code, or historically disadvantaged communities:  Provided 
        further, That State departments of transportation may apply on 
        behalf of eligible entities within their States:  Provided 
        further, That the Federal Transit Administration should 
        encourage grantees to work with non-profits or other entities 
        of their choosing in order to develop planning, technical, 
        engineering, or financing plans:  Provided further, That the 
        Federal Transit Administration shall encourage grantees to 
        partner with non-profits that can assist with making projects 
        low or no emissions:  Provided further, That projects funded 
        under this paragraph shall be for not less than 90 percent of 
        the net total project cost;
            (8) $10,000,000 shall be available to support technical 
        assistance, research, demonstration, or deployment 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;
            (9) $98,331,000 shall be available for the purposes, and in 
        amounts, specified for Congressionally Directed Spending in the 
        table entitled ``Congressionally Directed Spending'' included 
        in the explanatory statement accompanying this Act; and
            (10) $19,800,000 shall be available for ferry service for 
        rural communities under section 71103 of division G of Public 
        Law 117-58:  Provided, That for amounts made available in this 
        paragraph, notwithstanding section 71103(a)(2)(B) of such 
        division of such Act, eligible projects shall include passenger 
        ferry service that serves at least two rural areas with a 
        single segment over 20 miles between the two rural areas and is 
        not otherwise eligible under section 5307(h) 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 the amounts made available under this heading in this Act shall 
not be subject to any limitation on obligations for transit programs 
set forth in any Act.

                   technical assistance and training

    For necessary expenses to carry out section 5314 of title 49, 
United States Code, $7,500,000, to remain available until September 30, 
2024:  Provided, That the assistance provided under this heading does 
not duplicate the activities of section 5311(b) or section 5312 of 
title 49, United States Code.

                       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), $2,510,931,000, to remain available until 
expended:  Provided, That of the sums appropriated under this heading--
            (1) $1,874,890,000 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) $410,931,000 shall be available for projects authorized 
        under section 5309 (h) of title 49, United States Code; and
            (4) $100,000,0000 shall be available for projects 
        authorized under section 3005(b) of the Fixing America's 
        Surface Transportation Act:
  Provided further, That the Secretary shall continue to administer the 
capital investment grants program in accordance 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 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 section 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 proposed allocations for fiscal year 2024.

      grants to the washington metropolitan area transit authority

    For grants to the Washington Metropolitan Area Transit Authority as 
authorized under section 601 of division B of the Passenger Rail 
Investment and Improvement Act of 2008 (Public Law 110-432), as amended 
by the Infrastructure Investment and Jobs Act (Public Law 117-58), 
$150,000,000, to remain available until expended:  Provided, That the 
Secretary of Transportation shall approve grants for capital and 
preventive maintenance expenditures for the Washington Metropolitan 
Area Transit Authority only after receiving and reviewing a request for 
each specific project:  Provided further, That the Secretary shall 
determine that the Washington 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 programs 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 previously 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 Administration for projects 
specified in this Act not obligated by September 30, 2026, and other 
recoveries, shall be directed 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.
    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 grant program of greater than 40 percent of project 
costs as authorized under section 5309 of title 49, United States Code.
    Sec. 165.  Any unexpended balances from amounts previously 
appropriated for low or no emission vehicle component assessment under 
49 U.S.C. 5312(h) under the headings ``Transit Formula Grants'' and 
``Transit Infrastructure Grants'' in fiscal years 2021 and 2022 may be 
used by the facilities selected for such vehicle component assessment 
for capital projects in order to build new infrastructure and enhance 
existing facilities in order to expand component testing capability, in 
accordance with the industry stakeholder testing objectives and 
capabilities as outlined through the work of the Federal Transit 
Administration Transit Vehicle Innovation and Deployment Centers 
program and included in the Center for Transportation and the 
Environment report submitted to the Federal Transit Administration for 
review.
    Sec. 166.  The remaining unobligated balances, as of September 30, 
2023, from amounts made available to the Department of Transportation 
under the heading ``Federal Transit Administration--Capital Investment 
Grants'' in division H of the Consolidated Appropriations Act, 2020 
(Public Law 116-94) are hereby rescinded, and an amount of additional 
new budget authority equivalent to the amount rescinded is hereby 
appropriated on September 30, 2023, for an additional amount for fiscal 
year 2023, to remain available until September 30, 2024, and shall be 
available for any of the same purposes and under the same authorities 
for which such amounts were originally provided.

        Great Lakes St. Lawrence Seaway Development Corporation

    The Great Lakes St. Lawrence Seaway Development Corporation is 
hereby authorized to make such expenditures, within the limits of funds 
and borrowing authority available to the Corporation, and in accord 
with law, and to make such contracts and commitments without regard to 
fiscal year limitations, as provided by section 9104 of title 31, 
United States Code, as may be necessary in carrying out the programs 
set forth in the Corporation's budget for the current fiscal year.

                       operations and maintenance

                    (harbor maintenance trust fund)

    For necessary expenses to conduct the operations, maintenance, and 
capital infrastructure activities on portions of the St. Lawrence 
Seaway owned, operated, and maintained by the Great Lakes St. Lawrence 
Seaway Development Corporation, $38,000,000, to be derived from the 
Harbor Maintenance Trust Fund, pursuant to section 210 of the Water 
Resources Development Act of 1986 (33 U.S.C. 2238):  Provided, That of 
the amounts made available under this heading, not less than 
$14,500,000 shall be for the seaway infrastructure program:  Provided 
further, That not more than $1,000,000 of the unobligated balances from 
the amounts made available for capital asset renewal activities under 
the heading ``Saint Lawrence Seaway Development Corporation--Operations 
and Maintenance'' in any prior Act shall be for activities pursuant to 
section 984(a)(12) of title 33, United States Code.

                        Maritime Administration

                       maritime security program

                    (including rescission of funds)

    For necessary expenses to maintain and preserve a U.S.-flag 
merchant fleet as authorized under chapter 531 of title 46, United 
States Code, to serve the national security needs of the United States, 
$318,000,000, to remain available until expended:  Provided, That of 
the unobligated balances from prior year appropriations available under 
this heading, $55,000,000 are hereby permanently rescinded.

                          cable security fleet

    For the cable security fleet program, as authorized under chapter 
532 of title 46, United States Code, $10,000,000, to remain available 
until expended.

                        tanker security program

    For Tanker Security Fleet payments, as authorized under section 
53406 of title 46, United States Code, $60,000,000, to remain available 
until expended.

                        operations and training

    For necessary expenses of operations and training activities 
authorized by law, $244,899,000:  Provided, That of the sums 
appropriated under this heading--
            (1) $87,848,000 shall remain available until September 30, 
        2024, for the operations of the United States Merchant Marine 
        Academy;
            (2) $11,900,000 shall remain available until expended, for 
        facilities maintenance and repair, and equipment, at the United 
        States Merchant Marine Academy;
            (3) $55,120,000 shall remain available until expended, for 
        capital improvements at the United States Merchant Marine 
        Academy;
            (4) $10,000,000 shall remain available until September 30, 
        2024, for the Maritime Environmental and Technical Assistance 
        program authorized under section 50307 of title 46, United 
        States Code; and
            (5) $14,819,000 shall remain available until expended, for 
        the America's Marine Highways Program to make grants for the 
        purposes authorized under paragraphs (1) and (3) of section 
        55601(b) of title 46, United States Code:
  Provided further, That the Administrator of the Maritime 
Administration shall transmit to the House and Senate Committees on 
Appropriations the annual report on sexual assault and sexual 
harassment at the United States Merchant Marine Academy as required 
pursuant to section 3510 of the National Defense Authorization Act for 
fiscal year 2017 (46 U.S.C. 51318):  Provided further, That available 
balances under this heading for the Short Sea Transportation Program 
(now known as the America's Marine Highway Program) from prior year 
recoveries shall be available to carry out activities authorized under 
paragraphs (1) and (3) of section 55601(b) of title 46, United States 
Code.

                   state maritime academy operations

    For necessary expenses of operations, support, and training 
activities for State Maritime Academies, $120,700,000:  Provided, That 
of the sums appropriated under this heading--
            (1) $30,500,000 shall remain available until expended, for 
        maintenance, repair, life extension, insurance, and capacity 
        improvement of National Defense Reserve Fleet training ships, 
        and for support of training ship operations at the State 
        Maritime Academies, of which not more than $8,000,000 shall be 
        for expenses related to training mariners, and for costs 
        associated with training vessel sharing pursuant to section 
        51504(g)(3) of title 46, United States Code, for costs 
        associated with mobilizing, operating and demobilizing the 
        vessel; travel costs for students, faculty and crew; and the 
        costs of the general agent, crew costs, fuel, insurance, 
        operational fees, and vessel hire costs, as determined by the 
        Secretary;
            (2) $75,000,000 shall remain available until expended, for 
        the National Security Multi-Mission Vessel Program, including 
        funds for construction, planning, administration, and design of 
        school ships and, as determined by the Secretary, necessary 
        expenses to design, plan, construct infrastructure, and 
        purchase equipment necessary to berth such ships;
            (3) $2,400,000 shall remain available until September 30, 
        2027, for the Student Incentive Program;
            (4) $6,800,000 shall remain available until expended, for 
        training ship fuel assistance; and
            (5) $6,000,000 shall remain available until September 30, 
        2024, for direct payments for State Maritime Academies:
  Provided further, That the Administrator of the Maritime 
Administration may use the funds made available under paragraph (2) and 
the funds provided for shoreside infrastructure improvements in Public 
Law 117-103 for the purposes described in paragraph (2):  Provided 
further, That such funds may be used to reimburse State Maritime 
Academies for costs incurred prior to the date of enactment of this 
Act:  Provided further, That such funds shall be available for 
reimbursement only for those costs incurred in compliance with all 
applicable Federal law, including the National Environmental Policy Act 
of 1969 (41 U.S.C. 4321 et seq.) and the National Historic Preservation 
Act (54 U.S.C. 300101 et seq.).

                     assistance to small shipyards

    To make grants to qualified shipyards as authorized under section 
54101 of title 46, United States Code, $25,000,000, to remain available 
until expended.

                             ship disposal

                    (including rescission of funds)

    For necessary expenses related to the disposal of obsolete vessels 
in the National Defense Reserve Fleet of the Maritime Administration, 
$10,000,000, to remain available until expended:  Provided, That of the 
unobligated balances from prior year appropriations made available 
under this heading, $12,000,000 are hereby permanently rescinded.

          maritime guaranteed loan (title xi) program account

                     (including transfer of funds)

    For administrative expenses to carry out the guaranteed loan 
program, $3,000,000, which shall be transferred to and merged with the 
appropriations for ``Maritime Administration--Operations and 
Training''.

                port infrastructure development program

    To make grants to improve port facilities as authorized under 
section 54301 of title 46, United States Code, $234,310,000, to remain 
available until expended:  Provided, That projects eligible for amounts 
made available under this heading in this Act shall be projects for 
coastal seaports, inland river ports, or Great Lakes ports:  Provided 
further, That the requirements under section 3501(a)(12) of the 
National Defense Authorization Act for Fiscal Year 2022 (Public Law 
117-81) shall apply to amounts made available under this heading in 
this Act:  Provided further, That for grants awarded under this heading 
in this Act, the minimum grant size shall be $1,000,000:  Provided 
further, That for amounts made available under this heading in this 
Act, the requirement under section 54301(a)(6)(A)(ii) of title 46, 
United States Code, shall not apply to projects located in 
noncontiguous States or territories.

           administrative provision--maritime administration

    Sec. 170.  Notwithstanding any other provision of this Act, in 
addition to any existing authority, the Maritime Administration is 
authorized to furnish utilities and services and make necessary repairs 
in connection with any lease, contract, or occupancy involving 
Government property under control of the Maritime Administration:  
Provided, That payments received therefor shall be credited to the 
appropriation charged with the cost thereof and shall remain available 
until expended:  Provided further, That rental payments under any such 
lease, contract, or occupancy for items other than such utilities, 
services, or repairs shall be deposited into the Treasury as 
miscellaneous receipts.

         Pipeline and Hazardous Materials Safety Administration

                          operational expenses

    For necessary operational expenses of the Pipeline and Hazardous 
Materials Safety Administration, $29,936,000, of which $4,500,000 shall 
remain available until September 30, 2025.

                       hazardous materials safety

    For expenses necessary to discharge the hazardous materials safety 
functions of the Pipeline and Hazardous Materials Safety 
Administration, $70,743,000, of which $12,070,000 shall remain 
available until September 30, 2025, of which $1,000,000 shall be made 
available for carrying out section 5107(i) of title 49, United States 
Code:  Provided, That up to $800,000 in fees collected under section 
5108(g) of title 49, United States Code, shall be deposited in the 
general fund of the Treasury as offsetting receipts:  Provided further, 
That there may be credited to this appropriation, to be available until 
expended, funds received from States, counties, municipalities, other 
public authorities, and private sources for expenses incurred for 
training, for reports publication and dissemination, and for travel 
expenses incurred in performance of hazardous materials exemptions and 
approvals functions.

                            pipeline safety

                         (pipeline safety fund)

                    (oil spill liability trust fund)

    For expenses necessary to carry out a pipeline safety program, as 
authorized by section 60107 of title 49, United States Code, and to 
discharge the pipeline program responsibilities of the Oil Pollution 
Act of 1990 (Public Law 101-380), $192,969,000, to remain available 
until September 30, 2025, of which $27,650,000 shall be derived from 
the Oil Spill Liability Trust Fund; of which $156,919,000 shall be 
derived from the Pipeline Safety Fund; of which $400,000 shall be 
derived from the fees collected under section 60303 of title 49, United 
States Code, and deposited in the Liquefied Natural Gas Siting Account 
for compliance reviews of liquefied natural gas facilities; and of 
which $8,000,000 shall be derived from fees collected under section 
60302 of title 49, United States Code, and deposited in the Underground 
Natural Gas Storage Facility Safety Account for the purpose of carrying 
out section 60141 of title 49, United States Code:  Provided, That not 
less than $1,058,000 of the amounts made available under this heading 
shall be for the One-Call State grant program:  Provided further, That 
any amounts made available under this heading in this Act or in prior 
Acts for research contracts, grants, cooperative agreements or research 
other transactions agreements (``OTAs'') shall require written 
notification to the House and Senate Committees on Appropriations not 
less than 3 full business days before such research contracts, grants, 
cooperative agreements, or research OTAs are announced by the 
Department of Transportation:  Provided further, That the Secretary 
shall transmit to the House and Senate Committees on Appropriations the 
report on pipeline safety testing enhancement as required pursuant to 
section 105 of the Protecting our Infrastructure of Pipelines and 
Enhancing Safety Act of 2020 (division R of Public Law 116-260):  
Provided further, That the Secretary may obligate amounts made 
available under this heading to engineer, erect, alter, and repair 
buildings or make any other public improvements for research facilities 
at the Transportation Technology Center after the Secretary submits an 
updated research plan and the report in the preceding proviso to the 
House and Senate Committees on Appropriations and after such plan and 
report in the preceding proviso are approved by the House and Senate 
Committees on Appropriations.

                     emergency preparedness grants

                      (limitation on obligations)

                     (emergency preparedness fund)

    For expenses necessary to carry out the Emergency Preparedness 
Grants program, not more than $28,318,000 shall remain available until 
September 30, 2025, from amounts made available by section 5116(h) and 
subsections (b) and (c) of section 5128 of title 49, United States 
Code:  Provided, That notwithstanding section 5116(h)(4) of title 49, 
United States Code, not more than 4 percent of the amounts made 
available from this account shall be available to pay the 
administrative costs of carrying out sections 5116, 5107(e), and 
5108(g)(2) of title 49, United States Code:  Provided further, That 
notwithstanding subsections (b) and (c) of section 5128 of title 49, 
United States Code, and the limitation on obligations provided under 
this heading, prior year recoveries recognized in the current year 
shall be available to develop and deliver hazardous materials emergency 
response training for emergency responders, including response 
activities for the transportation of crude oil, ethanol, flammable 
liquids, and other hazardous commodities by rail, consistent with 
National Fire Protection Association standards, and to make such 
training available through an electronic format:  Provided further, 
That the prior year recoveries made available under this heading shall 
also be available to carry out sections 5116(a)(1)(C), 5116(h), 
5116(i), 5116(j), and 5107(e) of title 49, United States Code.

                      Office of Inspector General

                         salaries and expenses

    For necessary expenses of the Office of Inspector General to carry 
out the provisions of the Inspector General Act of 1978, as amended, 
$108,073,000:  Provided, That the Inspector General shall have all 
necessary authority, in carrying out the duties specified in the 
Inspector General Act, as amended (5 U.S.C. App. 3), to investigate 
allegations of fraud, including false statements to the government (18 
U.S.C. 1001), by any person or entity that is subject to regulation by 
the Department of Transportation.

            General Provisions--Department of Transportation

    Sec. 180. (a) During the current fiscal year, applicable 
appropriations to the Department of Transportation shall be available 
for maintenance and operation of aircraft; hire of passenger motor 
vehicles and aircraft; purchase of liability insurance for motor 
vehicles operating in foreign countries on official department 
business; and uniforms or allowances therefor, as authorized by 
sections 5901 and 5902 of title 5, United States Code.
    (b) During the current fiscal year, applicable appropriations to 
the Department and its operating administrations shall be available for 
the purchase, maintenance, operation, and deployment of unmanned 
aircraft systems that advance the missions of the Department of 
Transportation or an operating administration of the Department of 
Transportation.
    (c) Any unmanned aircraft system purchased, procured, or contracted 
for by the Department prior to the date of enactment of this Act shall 
be deemed authorized by Congress as if this provision was in effect 
when the system was purchased, procured, or contracted for.
    Sec. 181.  Appropriations contained in this Act for the Department 
of Transportation shall be available for services as authorized by 
section 3109 of title 5, United States Code, but at rates for 
individuals not to exceed the per diem rate equivalent to the rate for 
an Executive Level IV.
    Sec. 182. (a) No recipient of amounts made available by this Act 
shall disseminate personal information (as defined in section 2725(3) 
of title 18, United States Code) obtained by a State department of 
motor vehicles in connection with a motor vehicle record as defined in 
section 2725(1) of title 18, United States Code, except as provided in 
section 2721 of title 18, United States Code, for a use permitted under 
section 2721 of title 18, United States Code.
    (b) Notwithstanding subsection (a), the Secretary shall not 
withhold amounts made available by this Act for any grantee if a State 
is in noncompliance with this provision.
    Sec. 183.  None of the funds made available by this Act shall be 
available for salaries and expenses of more than 125 political and 
Presidential appointees in the Department of Transportation:  Provided, 
That none of the personnel covered by this provision may be assigned on 
temporary detail outside the Department of Transportation.
    Sec. 184.  Funds received by the Federal Highway Administration and 
Federal Railroad Administration from States, counties, municipalities, 
other public authorities, and private sources for expenses incurred for 
training may be credited respectively to the Federal Highway 
Administration's ``Federal-Aid Highways'' account and to the Federal 
Railroad Administration's ``Safety and Operations'' account, except for 
State rail safety inspectors participating in training pursuant to 
section 20105 of title 49, United States Code.
    Sec. 185.  None of the funds made available by this Act or in title 
VIII of division J of Public Law 117-58 to the Department of 
Transportation may be used to make a loan, loan guarantee, line of 
credit, letter of intent, federally funded cooperative agreement, full 
funding grant agreement, or discretionary grant unless the Secretary of 
Transportation notifies the House and Senate Committees on 
Appropriations not less than 3 full business days before any project 
competitively selected to receive any discretionary grant award, letter 
of intent, loan commitment, loan guarantee commitment, line of credit 
commitment, federally funded cooperative agreement, or full funding 
grant agreement is announced by the Department or its operating 
administrations:  Provided, That the Secretary of Transportation shall 
provide the House and Senate Committees on Appropriations with a 
comprehensive list of all such loans, loan guarantees, lines of credit, 
letters of intent, federally funded cooperative agreements, full 
funding grant agreements, and discretionary grants prior to the 
notification required under the preceding proviso:  Provided further, 
That the Secretary gives concurrent notification to the House and 
Senate Committees on Appropriations for any ``quick release'' of funds 
from the emergency relief program:  Provided further, That no 
notification shall involve funds that are not available for obligation.
    Sec. 186.  Rebates, refunds, incentive payments, minor fees, and 
other funds received by the Department of Transportation from travel 
management centers, charge card programs, the subleasing of building 
space, and miscellaneous sources are to be credited to appropriations 
of the Department of Transportation and allocated to organizational 
units of the Department of Transportation using fair and equitable 
criteria and such funds shall be available until expended.
    Sec. 187.  Notwithstanding any other provision of law, if any funds 
provided by or limited by this Act are subject to a reprogramming 
action that requires notice to be provided to the House and Senate 
Committees on Appropriations, transmission of such reprogramming notice 
shall be provided solely to the House and Senate Committees on 
Appropriations, and such reprogramming action shall be approved or 
denied solely by the House and Senate Committees on Appropriations:  
Provided, That the Secretary of Transportation may provide notice to 
other congressional committees of the action of the House and Senate 
Committees on Appropriations on such reprogramming but not sooner than 
30 days after the date on which the reprogramming action has been 
approved or denied by the House and Senate Committees on 
Appropriations.
    Sec. 188.  Funds appropriated by this Act to the operating 
administrations may be obligated for the Office of the Secretary for 
the costs related to assessments or reimbursable agreements only when 
such amounts are for the costs of goods and services that are purchased 
to provide a direct benefit to the applicable operating administration 
or administrations.
    Sec. 189.  The Secretary of Transportation is authorized to carry 
out a program that establishes uniform standards for developing and 
supporting agency transit pass and transit benefits authorized under 
section 7905 of title 5, United States Code, including distribution of 
transit benefits by various paper and electronic media.
    Sec. 190.  The Department of Transportation may use funds provided 
by this Act, or any other Act, to assist a contract under title 49 or 
23 of the United States Code utilizing geographic, economic, or any 
other hiring preference not otherwise authorized by law, or to amend a 
rule, regulation, policy or other measure that forbids a recipient of a 
Federal Highway Administration or Federal Transit Administration grant 
from imposing such hiring preference on a contract or construction 
project with which the Department of Transportation is assisting, only 
if the grant recipient certifies the following:
            (1) that except with respect to apprentices or trainees, a 
        pool of readily available but unemployed individuals possessing 
        the knowledge, skill, and ability to perform the work that the 
        contract requires resides in the jurisdiction;
            (2) that the grant recipient will include appropriate 
        provisions in its bid document ensuring that the contractor 
        does not displace any of its existing employees in order to 
        satisfy such hiring preference; and
            (3) that any increase in the cost of labor, training, or 
        delays resulting from the use of such hiring preference does 
        not delay or displace any transportation project in the 
        applicable Statewide Transportation Improvement Program or 
        Transportation Improvement Program.
    Sec. 191.  The Secretary of Transportation shall coordinate with 
the Secretary of Homeland Security to ensure that best practices for 
Industrial Control Systems Procurement are up-to-date and shall ensure 
that systems procured with funds provided under this title were 
procured using such practices.
    Sec. 192.  Amounts made available by this Act or any prior Act that 
the Secretary determines represent improper payments by the Department 
of Transportation to a third-party contractor under a financial 
assistance award, which are recovered pursuant to law, shall be 
available--
            (1) to reimburse the actual expenses incurred by the 
        Department of Transportation in recovering improper payments:  
        Provided, That amounts made available by this Act shall be 
        available until expended; and
            (2) to pay contractors for services provided in recovering 
        improper payments or contractor support in the implementation 
        of the Payment Integrity Information Act of 2019 (Public Law 
        116-117):  Provided, That amounts in excess of that required 
        for paragraphs (1) and (2)--
                    (A) shall be credited to and merged with the 
                appropriation from which the improper payments were 
                made, and shall be available for the purposes and 
                period for which such appropriations are available:  
                Provided further, That where specific project or 
                accounting information associated with the improper 
                payment or payments is not readily available, the 
                Secretary may credit the amounts to an appropriate 
                account as offsetting collections and such amounts 
                shall be available for the purposes and period 
                associated with the account so credited:  Provided 
                further, That amounts credited to programs under this 
                subparagraph shall not be subject to any limitation on 
                obligations in this or any other Act; or
                    (B) if no such appropriation remains available, 
                shall be deposited in the Treasury as miscellaneous 
                receipts:  Provided further, That prior to depositing 
                such recovery in the Treasury, the Secretary shall 
                notify the House and Senate Committees on 
                Appropriations of the amount and reasons for such 
                transfer:  Provided further, That for purposes of this 
                section, the term ``improper payment'' has the same 
                meaning as that provided in section 3351(4) of title 
                31, United States Code.
    This title may be cited as the ``Department of Transportation 
Appropriations Act, 2023''.

                                TITLE II

              DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

                     Management and Administration

                           executive offices

    For necessary salaries and expenses for Executive Offices, which 
shall be comprised of the offices of the Secretary, Deputy Secretary, 
Adjudicatory Services, Congressional and Intergovernmental Relations, 
Public Affairs, Small and Disadvantaged Business Utilization, and the 
Center for Faith-Based and Neighborhood Partnerships, $19,300,000, to 
remain available until September 30, 2024:  Provided, That not to 
exceed $25,000 of the amount made available under this heading shall be 
available to the Secretary of Housing and Urban Development (referred 
to in this title as ``the Secretary'') for official reception and 
representation expenses as the Secretary may determine.

                     administrative support offices

    For necessary salaries and expenses for Administrative Support 
Offices, $684,900,000, to remain available until September 30, 2024:  
Provided, That of the sums appropriated under this heading--
            (1) $87,300,000 shall be available for the Office of the 
        Chief Financial Officer;
            (2) $126,300,000 shall be available for the Office of the 
        General Counsel, of which not less than $21,600,000 shall be 
        for the Departmental Enforcement Center;
            (3) $238,700,000 shall be available for the Office of 
        Administration, of which not more than $5,100,000 may be for 
        modernization and deferred maintenance of the Weaver Building;
            (4) $56,600,000 shall be available for the Office of the 
        Chief Human Capital Officer;
            (5) $31,000,000 shall be available for the Office of the 
        Chief Procurement Officer;
            (6) $68,100,000 shall be available for the Office of Field 
        Policy and Management;
            (7) $5,700,000 shall be available for the Office of 
        Departmental Equal Employment Opportunity; and
            (8) $71,200,000 shall be available for the Office of the 
        Chief Information Officer:
  Provided further, That funds made available under this heading may be 
used for necessary administrative and non-administrative expenses of 
the Department, not otherwise provided for, including purchase of 
uniforms, or allowances therefor, as authorized by sections 5901 and 
5902 of title 5, United States Code; hire of passenger motor vehicles; 
and services as authorized by section 3109 of title 5, United States 
Code:  Provided further, That notwithstanding any other provision of 
law, funds appropriated under this heading may be used for advertising 
and promotional activities that directly support program activities 
funded in this title:  Provided further, That the Secretary shall 
provide the House and Senate Committees on Appropriations quarterly 
written notification regarding the status of pending congressional 
reports:  Provided further, That the Secretary shall provide in 
electronic form all signed reports required by Congress.

                            program offices

    For necessary salaries and expenses for Program Offices, 
$1,062,500,000, to remain available until September 30, 2024:  
Provided, That of the sums appropriated under this heading--
            (1) $283,800,000 shall be available for the Office of 
        Public and Indian Housing;
            (2) $162,300,000 shall be available for the Office of 
        Community Planning and Development;
            (3) $464,000,000 shall be available for the Office of 
        Housing, of which not less than $13,300,000 shall be for the 
        Office of Recapitalization;
            (4) $43,100,000 shall be available for the Office of Policy 
        Development and Research;
            (5) $97,600,000 shall be available for the Office of Fair 
        Housing and Equal Opportunity; and
            (6) $11,700,000 shall be available for the Office of Lead 
        Hazard Control and Healthy Homes.

                          working capital fund

                     (including transfer of funds)

    For the working capital fund for the Department of Housing and 
Urban Development (referred to in this paragraph as the ``Fund''), 
pursuant, in part, to section 7(f) of the Department of Housing and 
Urban Development Act (42 U.S.C. 3535(f)), amounts transferred, 
including reimbursements pursuant to section 7(f), to the Fund under 
this heading shall be available only for Federal shared services used 
by offices and agencies of the Department, and for any such portion of 
any office or agency's printing, records management, space renovation, 
furniture, or supply services the Secretary has determined shall be 
provided through the Fund, and the operational expenses of the Fund:  
Provided, That amounts within the Fund shall not be available to 
provide services not specifically authorized under this heading:  
Provided further, That upon a determination by the Secretary that any 
other service (or portion thereof) authorized under this heading shall 
be provided through the Fund, amounts made available in this title for 
salaries and expenses under the headings ``Executive Offices'', 
``Administrative Support Offices'', ``Program Offices'', and 
``Government National Mortgage Association'', for such services shall 
be transferred to the Fund, to remain available until expended:  
Provided further, That the Secretary shall notify the House and Senate 
Committees on Appropriations of its plans for executing such transfers 
at least 15 days in advance of such transfers.

                       Public and Indian Housing

                     tenant-based rental assistance

    For activities and assistance for the provision of tenant-based 
rental assistance authorized under the United States Housing Act of 
1937, as amended (42 U.S.C. 1437 et seq.) (in this title ``the Act''), 
not otherwise provided for, $26,181,550,000, to remain available until 
expended, which shall be available on October 1, 2022 (in addition to 
the $4,000,000,000 previously appropriated under this heading that 
shall be available on October 1, 2022), and $4,000,000,000, to remain 
available until expended, which shall be available on October 1, 2023:  
Provided, That of the sums appropriated under this heading--
            (1) $26,184,000,000 shall be available for renewals of 
        expiring section 8 tenant-based annual contributions contracts 
        (including renewals of enhanced vouchers under any provision of 
        law authorizing such assistance under section 8(t) of the Act) 
        and including renewal of other special purpose incremental 
        vouchers:  Provided, That notwithstanding any other provision 
        of law, from amounts provided under this paragraph and any 
        carryover, the Secretary for the calendar year 2023 funding 
        cycle shall provide renewal funding for each public housing 
        agency based on validated voucher management system (VMS) 
        leasing and cost data for the prior calendar year and by 
        applying an inflation factor as established by the Secretary, 
        by notice published in the Federal Register, and by making any 
        necessary adjustments for the costs associated with the first-
        time renewal of vouchers under this paragraph including tenant 
        protection and Choice Neighborhoods vouchers:  Provided 
        further, That none of the funds provided under this paragraph 
        may be used to fund a total number of unit months under lease 
        which exceeds a public housing agency's authorized level of 
        units under contract, except for public housing agencies 
        participating in the Moving to Work (MTW) demonstration, which 
        are instead governed in accordance with the requirements of the 
        MTW demonstration program or their MTW agreements, if any:  
        Provided further, That the Secretary shall, to the extent 
        necessary to stay within the amount specified under this 
        paragraph (except as otherwise modified under this paragraph), 
        prorate each public housing agency's allocation otherwise 
        established pursuant to this paragraph:  Provided further, That 
        except as provided in the following provisos, the entire amount 
        specified under this paragraph (except as otherwise modified 
        under this paragraph) shall be obligated to the public housing 
        agencies based on the allocation and pro rata method described 
        above, and the Secretary shall notify public housing agencies 
        of their annual budget by the latter of 60 days after enactment 
        of this Act or March 1, 2023:  Provided further, That the 
        Secretary may extend the notification period with the prior 
        written approval of the House and Senate Committees on 
        Appropriations:  Provided further, That public housing agencies 
        participating in the MTW demonstration shall be funded in 
        accordance with the requirements of the MTW demonstration 
        program or their MTW agreements, if any, and shall be subject 
        to the same pro rata adjustments under the preceding provisos:  
        Provided further, That the Secretary may offset public housing 
        agencies' calendar year 2023 allocations based on the excess 
        amounts of public housing agencies' net restricted assets 
        accounts, including HUD-held programmatic reserves (in 
        accordance with VMS data in calendar year 2022 that is 
        verifiable and complete), as determined by the Secretary:  
        Provided further, That public housing agencies participating in 
        the MTW demonstration shall also be subject to the offset, as 
        determined by the Secretary, excluding amounts subject to the 
        single fund budget authority provisions of their MTW 
        agreements, from the agencies' calendar year 2023 MTW funding 
        allocation:  Provided further, That the Secretary shall use any 
        offset referred to in the preceding two provisos throughout the 
        calendar year to prevent the termination of rental assistance 
        for families as the result of insufficient funding, as 
        determined by the Secretary, and to avoid or reduce the 
        proration of renewal funding allocations:  Provided further, 
        That up to $200,000,000 shall be available only:
                    (A) for adjustments in the allocations for public 
                housing agencies, after application for an adjustment 
                by a public housing agency that experienced a 
                significant increase, as determined by the Secretary, 
                in renewal costs of vouchers resulting from unforeseen 
                circumstances or from portability under section 8(r) of 
                the Act;
                    (B) for vouchers that were not in use during the 
                previous 12-month period in order to be available to 
                meet a commitment pursuant to section 8(o)(13) of the 
                Act, or an adjustment for a funding obligation not yet 
                expended in the previous calendar year for a MTW-
                eligible activity to develop affordable housing for an 
                agency added to the MTW demonstration under the 
                expansion authority provided in section 239 of the 
                Transportation, Housing and Urban Development, and 
                Related Agencies Appropriations Act, 2016 (division L 
                of Public Law 114-113);
                    (C) for adjustments for costs associated with HUD-
                Veterans Affairs Supportive Housing (HUD-VASH) 
                vouchers;
                    (D) for public housing agencies that despite taking 
                reasonable cost savings measures, as determined by the 
                Secretary, would otherwise be required to terminate 
                rental assistance for families as a result of 
                insufficient funding;
                    (E) for adjustments in the allocations for public 
                housing agencies that--
                            (i) are leasing a lower-than-average 
                        percentage of their authorized vouchers,
                            (ii) have low amounts of budget authority 
                        in their net restricted assets accounts and 
                        HUD-held programmatic reserves, relative to 
                        other agencies, and
                            (iii) are not participating in the Moving 
                        to Work demonstration, to enable such agencies 
                        to lease more vouchers;
                    (F) for withheld payments in accordance with 
                section 8(o)(8)(A)(ii) of the Act for months in the 
                previous calendar year that were subsequently paid by 
                the public housing agency after the agency's actual 
                costs were validated; and
                    (G) for public housing agencies that have 
                experienced increased costs or loss of units in an area 
                for which the President declared a disaster under title 
                IV of the Robert T. Stafford Disaster Relief and 
                Emergency Assistance Act (42 U.S.C. 5170 et seq.):
          Provided further, That the Secretary shall allocate amounts 
        under the preceding proviso based on need, as determined by the 
        Secretary;
            (2) $363,938,000 shall be available for section 8 rental 
        assistance for relocation and replacement of housing units that 
        are demolished or disposed of pursuant to section 18 of the 
        Act, conversion of section 23 projects to assistance under 
        section 8, relocation of witnesses (including victims of 
        violent crimes) in connection with efforts to combat crime in 
        public and assisted housing pursuant to a request from a law 
        enforcement or prosecution agency, enhanced vouchers under any 
        provision of law authorizing such assistance under section 8(t) 
        of the Act, Choice Neighborhood vouchers, mandatory and 
        voluntary conversions, and tenant protection assistance 
        including replacement and relocation assistance or for project-
        based assistance to prevent the displacement of unassisted 
        elderly tenants currently residing in section 202 properties 
        financed between 1959 and 1974 that are refinanced pursuant to 
        Public Law 106-569, as amended, or under the authority as 
        provided under this Act:  Provided, That when a public housing 
        development is submitted for demolition or disposition under 
        section 18 of the Act, the Secretary may provide section 8 
        rental assistance when the units pose an imminent health and 
        safety risk to residents:  Provided further, That the Secretary 
        may provide section 8 rental assistance from amounts made 
        available under this paragraph for units assisted under a 
        project-based subsidy contract funded under the ``Project-Based 
        Rental Assistance'' heading under this title where the owner 
        has received a Notice of Default and the units pose an imminent 
        health and safety risk to residents:  Provided further, That of 
        the amounts made available under this paragraph, no less than 
        $5,000,000 may be available to provide tenant protection 
        assistance, not otherwise provided under this paragraph, to 
        residents residing in low vacancy areas and who may have to pay 
        rents greater than 30 percent of household income, as the 
        result of: (A) the maturity of a HUD-insured, HUD-held or 
        section 202 loan that requires the permission of the Secretary 
        prior to loan prepayment; (B) the expiration of a rental 
        assistance contract for which the tenants are not eligible for 
        enhanced voucher or tenant protection assistance under existing 
        law; or (C) the expiration of affordability restrictions 
        accompanying a mortgage or preservation program administered by 
        the Secretary:  Provided further, That such tenant protection 
        assistance made available under the preceding proviso may be 
        provided under the authority of section 8(t) or section 
        8(o)(13) of the Act:  Provided further, That any tenant 
        protection voucher made available from amounts under this 
        paragraph shall not be reissued by any public housing agency, 
        except the replacement vouchers as defined by the Secretary by 
        notice, when the initial family that received any such voucher 
        no longer receives such voucher, and the authority for any 
        public housing agency to issue any such voucher shall cease to 
        exist:  Provided further, That the Secretary may only provide 
        replacement vouchers for units that were occupied within the 
        previous 24 months that cease to be available as assisted 
        housing, subject only to the availability of funds;
            (3) $2,801,612,000 shall be available for administrative 
        and other expenses of public housing agencies in administering 
        the section 8 tenant-based rental assistance program, of which 
        up to $30,000,000 shall be available to the Secretary to 
        allocate to public housing agencies that need additional funds 
        to administer their section 8 programs, including fees 
        associated with section 8 tenant protection rental assistance, 
        the administration of disaster related vouchers, HUD-VASH 
        vouchers, and other special purpose incremental vouchers:  
        Provided, That no less than $2,771,612,000 of the amount 
        provided in this paragraph shall be allocated to public housing 
        agencies for the calendar year 2023 funding cycle based on 
        section 8(q) of the Act (and related Appropriation Act 
        provisions) as in effect immediately before the enactment of 
        the Quality Housing and Work Responsibility Act of 1998 (Public 
        Law 105-276):  Provided further, That if the amounts made 
        available under this paragraph are insufficient to pay the 
        amounts determined under the preceding proviso, the Secretary 
        may decrease the amounts allocated to agencies by a uniform 
        percentage applicable to all agencies receiving funding under 
        this paragraph or may, to the extent necessary to provide full 
        payment of amounts determined under the preceding proviso, 
        utilize unobligated balances, including recaptures and 
        carryover, remaining from funds appropriated to the Department 
        of Housing and Urban Development under this heading from prior 
        fiscal years, excluding special purpose vouchers, 
        notwithstanding the purposes for which such amounts were 
        appropriated:  Provided further, That all public housing 
        agencies participating in the MTW demonstration shall be funded 
        in accordance with the requirements of the MTW demonstration 
        program or their MTW agreements, if any, and shall be subject 
        to the same uniform percentage decrease as under the preceding 
        proviso:  Provided further, That amounts provided under this 
        paragraph shall be only for activities related to the provision 
        of tenant-based rental assistance authorized under section 8, 
        including related development activities;
            (4) $667,000,000 shall be available for the renewal of 
        tenant-based assistance contracts under section 811 of the 
        Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 
        8013), including necessary administrative expenses:  Provided, 
        That administrative and other expenses of public housing 
        agencies in administering the special purpose vouchers in this 
        paragraph shall be funded under the same terms and be subject 
        to the same pro rata reduction as the percent decrease for 
        administrative and other expenses to public housing agencies 
        under paragraph (3) of this heading:  Provided further, That up 
        to $10,000,000 shall be available only--
                    (A) for adjustments in the allocation for public 
                housing agencies, after applications for an adjustment 
                by a public housing agency that experienced a 
                significant increase, as determined by the Secretary, 
                in Mainstream renewal costs resulting from unforeseen 
                circumstances; and
                    (B) for public housing agencies that despite taking 
                reasonable cost savings measures, as determined by the 
                Secretary, would otherwise be required to terminate the 
                rental assistance for Mainstream families as a result 
                of insufficient funding:
          Provided further, That the Secretary shall allocate amounts 
        under the preceding proviso based on need, as determined by the 
        Secretary:  Provided further, That upon turnover, section 811 
        special purpose vouchers funded under this heading in this or 
        prior Acts, or under any other heading in prior Acts, shall be 
        provided to non-elderly persons with disabilities;
            (5) Of the amounts provided under paragraph (1), up to 
        $5,000,000 shall be available for rental assistance and 
        associated administrative fees for Tribal HUD-VASH to serve 
        Native American veterans that are homeless or at-risk of 
        homelessness living on or near a reservation or other Indian 
        areas:  Provided, That such amount shall be made available for 
        renewal grants to recipients that received assistance under 
        prior Acts under the Tribal HUD-VASH program:  Provided 
        further, That the Secretary shall be authorized to specify 
        criteria for renewal grants, including data on the utilization 
        of assistance reported by grant recipients:  Provided further, 
        That such assistance shall be administered in accordance with 
        program requirements under the Native American Housing 
        Assistance and Self-Determination Act of 1996 and modeled after 
        the HUD-VASH program:  Provided further, That the Secretary 
        shall be authorized to waive, or specify alternative 
        requirements for any provision of any statute or regulation 
        that the Secretary administers in connection with the use of 
        funds made available under this paragraph (except for 
        requirements related to fair housing, nondiscrimination, labor 
        standards, and the environment), upon a finding by the 
        Secretary that any such waivers or alternative requirements are 
        necessary for the effective delivery and administration of such 
        assistance:  Provided further, That grant recipients shall 
        report to the Secretary on utilization of such rental 
        assistance and other program data, as prescribed by the 
        Secretary:  Provided further, That the Secretary may 
        reallocate, as determined by the Secretary, amounts returned or 
        recaptured from awards under the Tribal HUD-VASH program under 
        prior Acts to existing recipients under the Tribal HUD-VASH 
        program;
            (6) $85,000,000 shall be available for incremental rental 
        voucher assistance for use through a supported housing program 
        administered in conjunction with the Department of Veterans 
        Affairs as authorized under section 8(o)(19) of the United 
        States Housing Act of 1937:  Provided, That the Secretary of 
        Housing and Urban Development shall make such funding 
        available, notwithstanding section 203 (competition provision) 
        of this title, to public housing agencies that partner with 
        eligible VA Medical Centers or other entities as designated by 
        the Secretary of the Department of Veterans Affairs, based on 
        geographical need for such assistance as identified by the 
        Secretary of the Department of Veterans Affairs, public housing 
        agency administrative performance, and other factors as 
        specified by the Secretary of Housing and Urban Development in 
        consultation with the Secretary of the Department of Veterans 
        Affairs:  Provided further, That the Secretary of Housing and 
        Urban Development may waive, or specify alternative 
        requirements for (in consultation with the Secretary of the 
        Department of Veterans Affairs), any provision of any statute 
        or regulation that the Secretary of Housing and Urban 
        Development administers in connection with the use of funds 
        made available under this paragraph (except for requirements 
        related to fair housing, nondiscrimination, labor standards, 
        and the environment), upon a finding by the Secretary that any 
        such waivers or alternative requirements are necessary for the 
        effective delivery and administration of such voucher 
        assistance:  Provided further, That assistance made available 
        under this paragraph shall continue to remain available for 
        homeless veterans upon turn-over:  Provided further, That of 
        the total amount made available under this paragraph, up to 
        $10,000,000 may be for additional fees established by and 
        allocated pursuant to a method determined by the Secretary for 
        administrative and other expenses (including those eligible 
        activities defined by notice to facilitate leasing, such as 
        security deposit assistance and costs related to the retention 
        and support of participating owners) of public housing agencies 
        in administering HUD-VASH vouchers;
            (7) $30,000,000 shall be available for the family 
        unification program as authorized under section 8(x) of the 
        Act:  Provided, That the amounts made available under this 
        paragraph are provided as follows:
                    (A) $5,000,000 shall be available for new 
                incremental voucher assistance:  Provided, That the 
                assistance made available under this subparagraph shall 
                continue to remain available for family unification 
                upon turnover; and
                    (B) $25,000,000 shall be available for new 
                incremental voucher assistance to assist eligible youth 
                as defined by such section 8(x)(2)(B) of the Act:  
                Provided, That assistance made available under this 
                subparagraph shall continue to remain available for 
                such eligible youth upon turnover:  Provided further, 
                That of the total amount made available under this 
                subparagraph, up to $15,000,000 shall be available on a 
                noncompetitive basis to public housing agencies that 
                partner with public child welfare agencies to identify 
                such eligible youth, that request such assistance to 
                timely assist such eligible youth, and that meet any 
                other criteria as specified by the Secretary:  Provided 
                further, That the Secretary shall review utilization of 
                the assistance made available under the preceding 
                proviso, at an interval to be determined by the 
                Secretary, and unutilized voucher assistance that is no 
                longer needed shall be recaptured by the Secretary and 
                reallocated pursuant to the preceding proviso:
          Provided further, That for any public housing agency 
        administering voucher assistance appropriated in a prior Act 
        under the family unification program, or made available and 
        competitively selected under this paragraph, that determines 
        that it no longer has an identified need for such assistance 
        upon turnover, such agency shall notify the Secretary, and the 
        Secretary shall recapture such assistance from the agency and 
        reallocate it to any other public housing agency or agencies 
        based on need for voucher assistance in connection with such 
        specified program or eligible youth, as applicable;
            (8) $50,000,000 shall be available for new incremental 
        voucher assistance under section 8(o) of the Act to be 
        allocated pursuant to a method, as determined by the Secretary, 
        which may include a formula that may include such factors as 
        severe cost burden, overcrowding, substandard housing for very 
        low-income renters, homelessness, and administrative capacity, 
        where such allocation method shall include both rural and urban 
        areas:  Provided, That the Secretary may specify additional 
        terms and conditions to ensure that public housing agencies 
        provide vouchers for use by survivors of domestic violence, or 
        individuals and families who are homeless, as defined in 
        section 103(a) of the McKinney-Vento Homeless Assistance Act 
        (42 U.S.C. 11302(a)), or at risk of homelessness, as defined in 
        section 401(1) of such Act (42 U.S.C. 11360(1)); and
            (9) the Secretary shall separately track all special 
        purpose vouchers funded under this heading.

                        housing certificate fund

                        (including rescissions)

    Unobligated balances, including recaptures and carryover, remaining 
from funds appropriated to the Department of Housing and Urban 
Development under this heading, the heading ``Annual Contributions for 
Assisted Housing'' and the heading ``Project-Based Rental Assistance'', 
for fiscal year 2023 and prior years may be used for renewal of or 
amendments to section 8 project-based contracts and for performance-
based contract administrators, notwithstanding the purposes for which 
such funds were appropriated:  Provided, That any obligated balances of 
contract authority from fiscal year 1974 and prior fiscal years that 
have been terminated shall be rescinded:  Provided further, That 
amounts heretofore recaptured, or recaptured during the current fiscal 
year, from section 8 project-based contracts from source years fiscal 
year 1975 through fiscal year 1987 are hereby rescinded, and an amount 
of additional new budget authority, equivalent to the amount rescinded 
is hereby appropriated, to remain available until expended, for the 
purposes set forth under this heading, in addition to amounts otherwise 
available.

                          public housing fund

    For 2023 payments to public housing agencies for the operation and 
management of public housing, as authorized by section 9(e) of the 
United States Housing Act of 1937 (42 U.S.C. 1437g(e)) (the ``Act''), 
and to carry out capital and management activities for public housing 
agencies, as authorized under section 9(d) of the Act (42 U.S.C. 
1437g(d)), $8,468,500,000, to remain available until September 30, 
2026:  Provided, That of the sums appropriated under this heading--
            (1) $5,038,500,000 shall be available for the Secretary to 
        allocate pursuant to the Operating Fund formula at part 990 of 
        title 24, Code of Federal Regulations, for 2023 payments;
            (2) $25,000,000 shall be available for the Secretary to 
        allocate pursuant to a need-based application process 
        notwithstanding section 203 of this title and not subject to 
        such Operating Fund formula to public housing agencies that 
        experience, or are at risk of, financial shortfalls, as 
        determined by the Secretary:  Provided, That after all such 
        shortfall needs are met, the Secretary may distribute any 
        remaining funds to all public housing agencies on a pro-rata 
        basis pursuant to such Operating Fund formula;
            (3) $3,225,000,000 shall be available for the Secretary to 
        allocate pursuant to the Capital Fund formula at section 
        905.400 of title 24, Code of Federal Regulations:  Provided, 
        That for funds provided under this paragraph, the limitation in 
        section 9(g)(1) of the Act shall be 25 percent:  Provided 
        further, That the Secretary may waive the limitation in the 
        preceding proviso to allow public housing agencies to fund 
        activities authorized under section 9(e)(1)(C) of the Act:  
        Provided further, That the Secretary shall notify public 
        housing agencies requesting waivers under the preceding proviso 
        if the request is approved or denied within 14 days of 
        submitting the request:  Provided further, That from the funds 
        made available under this paragraph, the Secretary shall 
        provide bonus awards in fiscal year 2023 to public housing 
        agencies that are designated high performers:  Provided 
        further, That the Department shall notify public housing 
        agencies of their formula allocation within 60 days of 
        enactment of this Act;
            (4) $50,000,000 shall be available for the Secretary to 
        make grants, notwithstanding section 203 of this title, to 
        public housing agencies for emergency capital needs, including 
        safety and security measures necessary to address crime and 
        drug-related activity, as well as needs resulting from 
        unforeseen or unpreventable emergencies and natural disasters 
        excluding Presidentially declared emergencies and natural 
        disasters under the Robert T. Stafford Disaster Relief and 
        Emergency Act (42 U.S.C. 5121 et seq.) occurring in fiscal year 
        2023, of which $20,000,000 shall be available for public 
        housing agencies under administrative and judicial 
        receiverships or under the control of a Federal monitor:  
        Provided, That of the amount made available under this 
        paragraph, not less than $10,000,000 shall be for safety and 
        security measures:  Provided further, That in addition to the 
        amount in the preceding proviso for such safety and security 
        measures, any amounts that remain available, after all 
        applications received on or before September 30, 2024, for 
        emergency capital needs have been processed, shall be allocated 
        to public housing agencies for such safety and security 
        measures;
            (5) $65,000,000 shall be available for competitive grants 
        to public housing agencies to evaluate and reduce residential 
        health hazards in public housing, including lead-based paint 
        (by carrying out the activities of risk assessments, abatement, 
        and interim controls, as those terms are defined in section 
        1004 of the Residential Lead-Based Paint Hazard Reduction Act 
        of 1992 (42 U.S.C. 4851b)), carbon monoxide, mold, radon, and 
        fire safety:  Provided, That not less than $25,000,000 of the 
        amounts provided under this paragraph shall be awarded for 
        evaluating and reducing lead-based paint hazards:  Provided 
        further, That for purposes of environmental review, a grant 
        under this paragraph shall be considered funds for projects or 
        activities under title I of the Act for purposes of section 26 
        of the Act (42 U.S.C. 1437x) and shall be subject to the 
        regulations implementing such section:  Provided further, That 
        amounts made available under this paragraph shall be combined 
        with amounts made available under the sixth paragraph under 
        this heading in the Consolidated Appropriations Act, 2021 
        (Public Law 116-260) and shall be used in accordance with the 
        purposes and requirements under this paragraph;
            (6) $15,000,000 shall be available to support the costs of 
        administrative and judicial receiverships and for competitive 
        grants to PHAs in receivership, designated troubled or 
        substandard, or otherwise at risk, as determined by the 
        Secretary, for costs associated with public housing asset 
        improvement, in addition to other amounts for that purpose 
        provided under any heading under this title; and
            (7) $50,000,000 shall be available to support ongoing 
        public housing financial and physical assessment activities:
  Provided further, That notwithstanding any other provision of law or 
regulation, during fiscal year 2023, the Secretary of Housing and Urban 
Development may not delegate to any Department official other than the 
Deputy Secretary and the Assistant Secretary for Public and Indian 
Housing any authority under paragraph (2) of section 9(j) of the Act 
regarding the extension of the time periods under such section:  
Provided further, That for purposes of such section 9(j), the term 
``obligate'' means, with respect to amounts, that the amounts are 
subject to a binding agreement that will result in outlays, immediately 
or in the future.

                    choice neighborhoods initiative

    For competitive grants under the Choice Neighborhoods Initiative 
(subject to section 24 of the United States Housing Act of 1937 (42 
U.S.C. 1437v) unless otherwise specified under this heading), for 
transformation, rehabilitation, and replacement housing needs of both 
public and HUD-assisted housing and to transform neighborhoods of 
poverty into functioning, sustainable, mixed-income neighborhoods with 
appropriate services, schools, public assets, transportation, and 
access to jobs, $250,000,000, to remain available until September 30, 
2027:  Provided, That grant funds may be used for resident and 
community services, community development, and affordable housing needs 
in the community, and for conversion of vacant or foreclosed properties 
to affordable housing:  Provided further, That not more than 20 percent 
of the amount of any grant made with amounts made available under this 
heading may be used for necessary supportive services notwithstanding 
subsection (d)(1)(L) of such section 24:  Provided further, That the 
use of amounts made available under this heading shall not be deemed to 
be for public housing, notwithstanding section 3(b)(1) of such Act:  
Provided further, That grantees shall commit to an additional period of 
affordability determined by the Secretary of not fewer than 20 years:  
Provided further, That grantees shall provide a match in State, local, 
other Federal, or private funds:  Provided further, That grantees may 
include local governments, Tribal entities, public housing agencies, 
and nonprofit organizations:  Provided further, That for-profit 
developers may apply jointly with a public entity:  Provided further, 
That for purposes of environmental review, a grantee shall be treated 
as a public housing agency under section 26 of the United States 
Housing Act of 1937 (42 U.S.C. 1437x), and grants made with amounts 
available under this heading shall be subject to the regulations issued 
by the Secretary to implement such section:  Provided further, That of 
the amounts made available under this heading, not less than 
$125,000,000 shall be awarded to public housing agencies:  Provided 
further, That such grantees shall create partnerships with other local 
organizations, including assisted housing owners, service agencies, and 
resident organizations:  Provided further, That the Secretary shall 
consult with the Secretaries of Education, Labor, Transportation, 
Health and Human Services, Agriculture, and Commerce, the Attorney 
General, and the Administrator of the Environmental Protection Agency 
to coordinate and leverage other appropriate Federal resources:  
Provided further, That not more than $10,000,000 of the amounts made 
available under this heading may be provided as grants to undertake 
comprehensive local planning with input from residents and the 
community:  Provided further, That unobligated balances, including 
recaptures, remaining from amounts made available under the heading 
``Revitalization of Severely Distressed Public Housing (HOPE VI)'' in 
fiscal year 2011 and prior fiscal years may be used for purposes under 
this heading, notwithstanding the purposes for which such amounts were 
appropriated:  Provided further, That the Secretary shall make grant 
awards not later than 1 year after the date of enactment of this Act in 
such amounts that the Secretary determines:  Provided further, That 
notwithstanding section 24(o) of the United States Housing Act of 1937 
(42 U.S.C. 1437v(o)), the Secretary may, until September 30, 2023, 
obligate any available unobligated balances made available under this 
heading in this or any prior Act.

                       self-sufficiency programs

    For activities and assistance related to Self-Sufficiency Programs, 
to remain available until September 30, 2026, $200,000,000:  Provided, 
That of the sums appropriated under this heading--
            (1) $150,000,000 shall be available for the Family Self-
        Sufficiency program to support family self-sufficiency 
        coordinators under section 23 of the United States Housing Act 
        of 1937 (42 U.S.C. 1437u), to promote the development of local 
        strategies to coordinate the use of assistance under sections 8 
        and 9 of such Act with public and private resources, and enable 
        eligible families to achieve economic independence and self-
        sufficiency:  Provided, That the Secretary may, by Federal 
        Register notice, waive or specify alternative requirements 
        under subsections (b)(3), (b)(4), (b)(5), or (c)(1) of section 
        23 of such Act in order to facilitate the operation of a 
        unified self-sufficiency program for individuals receiving 
        assistance under different provisions of such Act, as 
        determined by the Secretary;
            (2) $35,000,000 shall be available for the Resident 
        Opportunity and Self-Sufficiency program to provide for 
        supportive services, service coordinators, and congregate 
        services as authorized by section 34 of the United States 
        Housing Act of 1937 (42 U.S.C. 1437z-6) and the Native American 
        Housing Assistance and Self-Determination Act of 1996 (25 
        U.S.C. 4101 et seq.); and
            (3) $15,000,000 shall be available for a Jobs-Plus 
        Initiative, modeled after the Jobs-Plus demonstration:  
        Provided, That funding provided under this paragraph shall be 
        available for competitive grants to partnerships between public 
        housing authorities, local workforce investment boards 
        established under section 107 of the Workforce Innovation and 
        Opportunity Act of 2014 (29 U.S.C. 3122), and other agencies 
        and organizations that provide support to help public housing 
        residents obtain employment and increase earnings:  Provided 
        further, That applicants must demonstrate the ability to 
        provide services to residents, partner with workforce 
        investment boards, and leverage service dollars:  Provided 
        further, That the Secretary may allow public housing agencies 
        to request exemptions from rent and income limitation 
        requirements under sections 3 and 6 of the United States 
        Housing Act of 1937 (42 U.S.C. 1437a, 1437d), as necessary to 
        implement the Jobs-Plus program, on such terms and conditions 
        as the Secretary may approve upon a finding by the Secretary 
        that any such waivers or alternative requirements are necessary 
        for the effective implementation of the Jobs-Plus Initiative as 
        a voluntary program for residents:  Provided further, That the 
        Secretary shall publish by notice in the Federal Register any 
        waivers or alternative requirements pursuant to the preceding 
        proviso no later than 10 days before the effective date of such 
        notice.

                        native american programs

                         (including rescission)

    For activities and assistance authorized under title I of the 
Native American Housing Assistance and Self-Determination Act of 1996 
(in this heading ``NAHASDA'') (25 U.S.C. 4111 et seq.), title I of the 
Housing and Community Development Act of 1974 (42 U.S.C. 5301 et seq.) 
with respect to Indian tribes, and related training and technical 
assistance, $1,052,086,000, to remain available until September 30, 
2027:  Provided, That of the sums appropriated under this heading--
            (1) $819,086,000 shall be available for the Native American 
        Housing Block Grants program, as authorized under title I of 
        NAHASDA:  Provided, That, notwithstanding NAHASDA, to determine 
        the amount of the allocation under title I of such Act for each 
        Indian tribe, the Secretary shall apply the formula under 
        section 302 of such Act with the need component based on 
        single-race census data and with the need component based on 
        multi-race census data, and the amount of the allocation for 
        each Indian tribe shall be the greater of the two resulting 
        allocation amounts:  Provided further, That the Secretary shall 
        notify grantees of their formula allocation not later than 60 
        days after the date of enactment of this Act;
            (2) $150,000,000 shall be available for competitive grants 
        under the Native American Housing Block Grants program, as 
        authorized under title I of NAHASDA:  Provided, That the 
        Secretary shall obligate such amount for competitive grants to 
        eligible recipients authorized under NAHASDA that apply for 
        funds:  Provided further, That in awarding amounts made 
        available in this paragraph, the Secretary shall consider need 
        and administrative capacity, and shall give priority to 
        projects that will spur construction and rehabilitation of 
        housing:  Provided further, That a grant funded pursuant to 
        this paragraph shall be in an amount not greater than 
        $7,500,000:  Provided further, That any amounts transferred for 
        the necessary costs of administering and overseeing the 
        obligation and expenditure of such additional amounts in prior 
        Acts may also be used for the necessary costs of administering 
        and overseeing such additional amount;
            (3) $1,000,000 shall be available for the cost of 
        guaranteed notes and other obligations, as authorized by title 
        VI of NAHASDA:  Provided, That such costs, including the cost 
        of modifying such notes and other obligations, shall be as 
        defined in section 502 of the Congressional Budget Act of 1974 
        (2 U.S.C. 661a):  Provided further, That amounts made available 
        in this and prior Acts for the cost of such guaranteed notes 
        and other obligations that are unobligated, including 
        recaptures and carryover, shall be available to subsidize the 
        total principal amount of any notes and other obligations, any 
        part of which is to be guaranteed, not to exceed $50,000,000, 
        to remain available until September 30, 2024:  Provided 
        further, That any remaining loan guarantee limitation 
        authorized for this program in fiscal year 2020 or prior fiscal 
        years is hereby rescinded;
            (4) $75,000,000 shall be available for grants to Indian 
        tribes for carrying out the Indian Community Development Block 
        Grant program under title I of the Housing and Community 
        Development Act of 1974, notwithstanding section 106(a)(1) of 
        such Act, of which, notwithstanding any other provision of law 
        (including section 203 of this Act), not more than $5,000,000 
        may be used for emergencies that constitute imminent threats to 
        health and safety:  Provided, That not to exceed 20 percent of 
        any grant made with amounts made available in this paragraph 
        shall be expended for planning and management development and 
        administration; and
            (5) $7,000,000, in addition to amounts otherwise available 
        for such purpose, shall be available for providing training and 
        technical assistance to Indian tribes, Indian housing 
        authorities, and tribally designated housing entities, to 
        support the inspection of Indian housing units, for contract 
        expertise, and for training and technical assistance related to 
        amounts made available under this heading and other headings in 
        this Act for the needs of Native American families and Indian 
        country:  Provided, That of the amounts made available in this 
        paragraph, not less than $2,000,000 shall be for a national 
        organization as authorized under section 703 of NAHASDA (25 
        U.S.C. 4212):  Provided further, That amounts made available in 
        this paragraph may be used, contracted, or competed as 
        determined by the Secretary:  Provided further, That 
        notwithstanding chapter 63 of title 31, United States Code 
        (commonly known as the Federal Grant and Cooperative Agreements 
        Act of 1977), the amounts made available in this paragraph may 
        be used by the Secretary to enter into cooperative agreements 
        with public and private organizations, agencies, institutions, 
        and other technical assistance providers to support the 
        administration of negotiated rulemaking under section 106 of 
        NAHASDA (25 U.S.C. 4116), the administration of the allocation 
        formula under section 302 of NAHASDA (25 U.S.C. 4152), and the 
        administration of performance tracking and reporting under 
        section 407 of NAHASDA (25 U.S.C. 4167).

           indian housing loan guarantee fund program account

                         (including rescission)

    For the cost of guaranteed loans, as authorized by section 184 of 
the Housing and Community Development Act of 1992 (12 U.S.C. 1715z-
13a), $5,521,000, to remain available until expended:  Provided, That 
such costs, including the cost of modifying such loans, shall be as 
defined in section 502 of the Congressional Budget Act of 1974 (2 
U.S.C. 661a):  Provided further, That amounts made available in this 
and prior Acts for the cost of guaranteed loans, as authorized by 
section 184 of the Housing and Community Development Act of 1992 (12 
U.S.C. 1715z-13a), that are unobligated, including recaptures and 
carryover, shall be available to subsidize total loan principal, any 
part of which is to be guaranteed, not to exceed $1,400,000,000, to 
remain available until September 30, 2024:  Provided further, That any 
remaining loan guarantee limitation authorized under this heading in 
fiscal year 2020 or prior fiscal years is hereby rescinded:  Provided 
further, That any amounts determined by the Secretary to be unavailable 
are hereby returned to the General Fund of the Treasury.

                  native hawaiian housing block grant

    For the Native Hawaiian Housing Block Grant program, as authorized 
under title VIII of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4221 et seq.), $22,300,000, to 
remain available until September 30, 2027:  Provided, That 
notwithstanding section 812(b) of such Act, the Department of Hawaiian 
Home Lands may not invest grant amounts made available under this 
heading in investment securities and other obligations:  Provided 
further, That amounts made available under this heading in this and 
prior fiscal years may be used to provide rental assistance to eligible 
Native Hawaiian families both on and off the Hawaiian Home Lands, 
notwithstanding any other provision of law.

      native hawaiian housing loan guarantee fund program account

    New commitments to guarantee loans, as authorized by section 184A 
of the Housing and Community Development Act of 1992 (12 U.S.C. 1715z-
13b), any part of which is to be guaranteed, shall not exceed 
$28,000,000 in total loan principal, to remain available until 
September 30, 2024:  Provided, That the Secretary may enter into 
commitments to guarantee loans used for refinancing.

                   Community Planning and Development

              housing opportunities for persons with aids

    For carrying out the Housing Opportunities for Persons with AIDS 
program, as authorized by the AIDS Housing Opportunity Act (42 U.S.C. 
12901 et seq.), $468,000,000, to remain available until September 30, 
2024, except that amounts allocated pursuant to section 854(c)(5) of 
such Act shall remain available until September 30, 2025:  Provided, 
That the Secretary shall renew or replace all expiring contracts for 
permanent supportive housing that initially were funded under section 
854(c)(5) of such Act from funds made available under this heading in 
fiscal year 2010 and prior fiscal years that meet all program 
requirements before awarding funds for new contracts under such 
section:  Provided further, That the process for submitting amendments 
and approving replacement contracts shall be established by the 
Secretary in a notice:  Provided further, That the Department shall 
notify grantees of their formula allocation within 60 days of enactment 
of this Act.

                       community development fund

    For assistance to States and units of general local government, and 
other entities, for economic and community development activities, and 
other purposes, $4,817,726,000, to remain available until September 30, 
2026:  Provided, That of the sums appropriated under this heading--
            (1) $3,525,000,000 shall be available for carrying out the 
        community development block grant program under title I of the 
        Housing and Community Development Act of 1974, as amended (42 
        U.S.C. 5301 et seq.) (in this heading ``the Act''):  Provided, 
        That not to exceed 20 percent of any grant made with funds made 
        available under this paragraph shall be expended for planning 
        and management development and administration:  Provided 
        further, That a metropolitan city, urban county, unit of 
        general local government, or insular area that directly or 
        indirectly receives funds under this paragraph may not sell, 
        trade, or otherwise transfer all or any portion of such funds 
        to another such entity in exchange for any other funds, 
        credits, or non-Federal considerations, but shall use such 
        funds for activities eligible under title I of the Act:  
        Provided further, That notwithstanding section 105(e)(1) of the 
        Act, no funds made available under this paragraph may be 
        provided to a for-profit entity for an economic development 
        project under section 105(a)(17) unless such project has been 
        evaluated and selected in accordance with guidelines required 
        under subsection (e)(2) of section 105;
            (2) $200,000,000 shall be available for the Secretary to 
        award grants on a competitive basis to state and local 
        governments, metropolitan planning organizations, and 
        multijurisdictional entities for additional activities under 
        title I of the Act for the identification and removal of 
        barriers to affordable housing production:  Provided, That 
        eligible uses of such grants include activities to further 
        develop, evaluate, and implement housing policy plans, improve 
        housing strategies, and facilitate affordable housing 
        production:  Provided further, That the Secretary shall 
        prioritize applicants that are able to (A) demonstrate progress 
        and a commitment to overcoming local barriers to facilitate the 
        increase in affordable housing production; and (B) show rising 
        housing costs, or the reasonable expectation that costs will 
        rise, in their jurisdiction, using Census or other data:  
        Provided further, That funds allocated for such grants shall 
        not adversely affect the amount of any formula assistance 
        received by a jurisdiction under paragraph (1) of this heading: 
         Provided further, That in administering such amounts the 
        Secretary may waive or specify alternative requirements for any 
        provision of such title I except for requirements related to 
        fair housing, nondiscrimination, labor standards, the 
        environment, and requirements that activities benefit persons 
        of low- and moderate-income, upon a finding that any such 
        waivers or alternative requirements are necessary to expedite 
        or facilitate the use of such amount;
            (3) $25,000,000 shall be available for activities 
        authorized under section 8071 of the SUPPORT for Patients and 
        Communities Act (Public Law 115-271):  Provided, That the funds 
        allocated pursuant to this paragraph shall not adversely affect 
        the amount of any formula assistance received by a State under 
        paragraph (1) of this heading:  Provided further, That the 
        Secretary shall allocate the funds for such activities based on 
        the notice establishing the funding formula published in 84 FR 
        16027 (April 17, 2019) except that the formula shall use age-
        adjusted rates of drug overdose deaths for 2020 based on data 
        from the Centers for Disease Control and Prevention; and
            (4) $1,067,726,000 shall be available for grants for the 
        Economic Development Initiative (EDI) for the purposes, and in 
        amounts, specified for Congressionally Directed Spending in the 
        table entitled ``Congressionally Directed Spending'' included 
        in the explanatory statement accompanying this Act:  Provided, 
        That not to exceed 20 percent of any grant made with funds made 
        available under this paragraph shall be expended for planning 
        and management development and administration:  Provided 
        further, That none of the amounts made available under this 
        paragraph shall be used for reimbursement of expenses incurred 
        prior to the obligation of funds.

         community development loan guarantees program account

    Subject to section 502 of the Congressional Budget Act of 1974 (2 
U.S.C. 661a), during fiscal year 2023, commitments to guarantee loans 
under section 108 of the Housing and Community Development Act of 1974 
(42 U.S.C. 5308), any part of which is guaranteed, shall not exceed a 
total principal amount of $300,000,000, notwithstanding any aggregate 
limitation on outstanding obligations guaranteed in subsection (k) of 
such section 108:  Provided, That the Secretary shall collect fees from 
borrowers, notwithstanding subsection (m) of such section 108, to 
result in a credit subsidy cost of zero for guaranteeing such loans, 
and any such fees shall be collected in accordance with section 502(7) 
of the Congressional Budget Act of 1974:  Provided further, That such 
commitment authority funded by fees may be used to guarantee, or make 
commitments to guarantee, notes or other obligations issued by any 
State on behalf of non-entitlement communities in the State in 
accordance with the requirements of such section 108:  Provided 
further, That any State receiving such a guarantee or commitment under 
the preceding proviso shall distribute all funds subject to such 
guarantee to the units of general local government in non-entitlement 
areas that received the commitment.

                  home investment partnerships program

    For the HOME Investment Partnerships program, as authorized under 
title II of the Cranston-Gonzalez National Affordable Housing Act, as 
amended (42 U.S.C. 12721 et seq.), $1,725,000,000, to remain available 
until September 30, 2026:  Provided, That notwithstanding section 
231(b) of such Act (42 U.S.C. 12771(b)), all unobligated balances 
remaining from amounts recaptured pursuant to such section that remain 
available until expended shall be combined with amounts made available 
under this heading and allocated in accordance with the formula under 
section 217(b)(1)(A) of such Act (42 U.S.C. 12747(b)(1)(A)):  Provided 
further, That the Department shall notify grantees of their formula 
allocations within 60 days after enactment of this Act:  Provided 
further, That section 218(g) of such Act (42 U.S.C. 12748(g)) shall not 
apply with respect to the right of a jurisdiction to draw funds from 
its HOME Investment Trust Fund that otherwise expired or would expire 
in any calendar year from 2016 through 2025 under that section:  
Provided further, That section 231(b) of such Act (42 U.S.C. 12771(b)) 
shall not apply to any uninvested funds that otherwise were deducted or 
would be deducted from the line of credit in the participating 
jurisdiction's HOME Investment Trust Fund in any calendar year from 
2018 through 2025 under that section.

        self-help and assisted homeownership opportunity program

    For the Self-Help and Assisted Homeownership Opportunity Program, 
as authorized under section 11 of the Housing Opportunity Program 
Extension Act of 1996 (42 U.S.C. 12805 note), and for related 
activities and assistance, $70,000,000, to remain available until 
September 30, 2025:  Provided, That of the sums appropriated under this 
heading--
            (1) $17,000,000 shall be available for the Self-Help 
        Homeownership Opportunity Program as authorized under such 
        section 11:  Provided, That the maximum average expenditure for 
        the combined cost of land acquisition and infrastructure 
        improvements shall be increased to $20,000 per unit;
            (2) $43,000,000 shall be available for the second, third, 
        and fourth capacity building entities specified in section 4(a) 
        of the HUD Demonstration Act of 1993 (42 U.S.C. 9816 note), of 
        which not less than $5,000,000 shall be for rural capacity 
        building activities:  Provided, That for purposes of awarding 
        grants from amounts made available in this paragraph, the 
        Secretary may enter into multiyear agreements, as appropriate, 
        subject to the availability of annual appropriations;
            (3) $6,000,000 shall be available for capacity building by 
        national rural housing organizations having experience 
        assessing national rural conditions and providing financing, 
        training, technical assistance, information, and research to 
        local nonprofit organizations, local governments, and Indian 
        Tribes serving high need rural communities; and
            (4) $4,000,000 shall be available for a program to 
        rehabilitate and modify the homes of disabled or low-income 
        veterans, as authorized under section 1079 of the Carl Levin 
        and Howard P. ``Buck'' McKeon National Defense Authorization 
        Act for Fiscal Year 2015 (38 U.S.C. 2101 note):  Provided, That 
        the issuance of a Notice of Funding Opportunity for the amounts 
        made available in this paragraph shall be completed not later 
        than 120 days after enactment of this Act and such amounts 
        shall be awarded not later than 180 days after such issuance.

                       homeless assistance grants

    For assistance under title IV of the McKinney-Vento Homeless 
Assistance Act (42 U.S.C. 11360 et seq.), and for related activities 
and assistance, $3,545,000,000, to remain available until September 30, 
2025:  Provided, That of the sums appropriated under this heading--
            (1) $290,000,000 shall be available for the Emergency 
        Solutions Grants program authorized under subtitle B of such 
        title IV (42 U.S.C. 11371 et seq.):  Provided, That the 
        Department shall notify grantees of their formula allocation 
        from amounts allocated (which may represent initial or final 
        amounts allocated) for the Emergency Solutions Grant program 
        not later than 60 days after enactment of this Act;
            (2) $3,041,000,000 shall be available for the Continuum of 
        Care program authorized under subtitle C of such title IV (42 
        U.S.C. 11381 et seq.) and the Rural Housing Stability 
        Assistance programs authorized under subtitle D of such title 
        IV (42 U.S.C. 11408):  Provided, That the Secretary shall 
        prioritize funding under the Continuum of Care program to 
        continuums of care that have demonstrated a capacity to 
        reallocate funding from lower performing projects to higher 
        performing projects:  Provided further, That the Secretary 
        shall provide incentives to create projects that coordinate 
        with housing providers and healthcare organizations to provide 
        permanent supportive housing and rapid re-housing services:  
        Provided further, That the Secretary may establish by notice an 
        alternative maximum amount for administrative costs related to 
        the requirements described in sections 402(f)(1) and 402(f)(2) 
        of subtitle A of such title IV or no more than 5 percent or 
        $50,000, whichever is greater, notwithstanding the 3 percent 
        limitation in section 423(a)(10) of such subtitle C:  Provided 
        further, That of the amounts made available for the Continuum 
        of Care program under this paragraph, not less than $52,000,000 
        shall be for grants for new rapid re-housing projects and 
        supportive service projects providing coordinated entry, and 
        for eligible activities that the Secretary determines to be 
        critical in order to assist survivors of domestic violence, 
        dating violence, sexual assault, or stalking:  Provided 
        further, That amounts made available for the Continuum of Care 
        program under this paragraph and any remaining unobligated 
        balances under this heading in prior Acts may be used to 
        competitively or non-competitively renew or replace grants for 
        youth homeless demonstration projects under the Continuum of 
        Care program, notwithstanding any conflict with the 
        requirements of the Continuum of Care program;
            (3) $7,000,000 shall be available for the national homeless 
        data analysis project:  Provided, That notwithstanding the 
        provisions of the Federal Grant and Cooperative Agreements Act 
        of 1977 (31 U.S.C. 6301-6308), the amounts made available under 
        this paragraph and any remaining unobligated balances under 
        this heading for such purposes in prior Acts may be used by the 
        Secretary to enter into cooperative agreements with such 
        entities as may be determined by the Secretary, including 
        public and private organizations, agencies, and institutions;
            (4) $107,000,000 shall be available to implement projects 
        to demonstrate how a comprehensive approach to serving homeless 
        youth, age 24 and under, in up to 25 communities with a 
        priority for communities with substantial rural populations in 
        up to eight locations, can dramatically reduce youth 
        homelessness:  Provided, That of the amount made available 
        under this paragraph, not less than $25,000,000 shall be for 
        youth homelessness system improvement grants to support 
        communities, including but not limited to the communities 
        assisted under the matter preceding this proviso, in 
        establishing and implementing a response system for youth 
        homelessness, or for improving their existing system:  Provided 
        further, That of the amount made available under this 
        paragraph, up to $10,000,000 shall be to provide technical 
        assistance to communities, including but not limited to the 
        communities assisted in the preceding proviso and the matter 
        preceding such proviso, on improving system responses to youth 
        homelessness, and collection, analysis, use, and reporting of 
        data and performance measures under the comprehensive 
        approaches to serve homeless youth, in addition to and in 
        coordination with other technical assistance funds provided 
        under this title:  Provided further, That the Secretary may use 
        up to 10 percent of the amount made available under the 
        preceding proviso to build the capacity of current technical 
        assistance providers or to train new technical assistance 
        providers with verifiable prior experience with systems and 
        programs for youth experiencing homelessness; and
            (5) $100,000,000 shall be available for one-time awards 
        under the Continuum of Care program for new construction, 
        acquisition, or rehabilitation of new permanent supportive 
        housing, of which not more than 20 percent of such awards may 
        be used for other Continuum of Care eligible activities 
        associated with such projects and not more than 10 percent of 
        such awards may be used for project administration:  Provided, 
        That these amounts shall be awarded on a competitive basis, 
        based on need and other factors to be determined by the 
        Secretary, including incentives to establish projects that 
        coordinate with housing providers, healthcare organizations and 
        social service providers:  Provided further, That not less than 
        $30,000,000 shall be awarded to applicants for projects within 
        States with populations less than 2,500,000, except that if 
        such amount is undersubscribed any remaining amounts may be 
        awarded to qualified applicants for projects in any State:  
        Provided further, That the grants for ongoing costs associated 
        with such projects shall be eligible for renewal under the 
        Continuum of Care program subject to the same terms and 
        conditions as other renewal applicants:
  Provided further, That youth aged 24 and under seeking assistance 
under this heading shall not be required to provide third party 
documentation to establish their eligibility under subsection (a) or 
(b) of section 103 of the McKinney-Vento Homeless Assistance Act (42 
U.S.C. 11302) to receive services:  Provided further, That 
unaccompanied youth aged 24 and under or families headed by youth aged 
24 and under who are living in unsafe situations may be served by 
youth-serving providers funded under this heading:  Provided further, 
That persons eligible under section 103(a)(5) of the McKinney-Vento 
Homeless Assistance Act may be served by any project funded under this 
heading to provide both transitional housing and rapid re-housing:  
Provided further, That for all matching funds requirements applicable 
to funds made available under this heading for this fiscal year and 
prior fiscal years, a grantee may use (or could have used) as a source 
of match funds other funds administered by the Secretary and other 
Federal agencies unless there is (or was) a specific statutory 
prohibition on any such use of any such funds:  Provided further, That 
none of the funds made available under this heading shall be available 
to provide funding for new projects, except for projects created 
through reallocation, unless the Secretary determines that the 
continuum of care has demonstrated that projects are evaluated and 
ranked based on the degree to which they improve the continuum of 
care's system performance:  Provided further, That any unobligated 
amounts remaining from funds made available under this heading in 
fiscal year 2012 and prior years for project-based rental assistance 
for rehabilitation projects with 10-year grant terms may be used for 
purposes under this heading, notwithstanding the purposes for which 
such funds were appropriated:  Provided further, That unobligated 
balances, including recaptures and carryover, remaining from funds 
transferred to or appropriated under this heading in fiscal year 2019 
or prior years, except for rental assistance amounts that were 
recaptured and made available until expended, shall be available for 
the current purposes authorized under this heading in addition to the 
purposes for which such funds originally were appropriated.

                            Housing Programs

                    project-based rental assistance

    For activities and assistance for the provision of project-based 
subsidy contracts under the United States Housing Act of 1937 (42 
U.S.C. 1437 et seq.) (``the Act''), not otherwise provided for, 
$14,287,100,000, to remain available until expended, shall be available 
on October 1, 2022 (in addition to the $400,000,000 previously 
appropriated under this heading that became available October 1, 2022), 
and $400,000,000, to remain available until expended, shall be 
available on October 1, 2023:  Provided, That the amounts made 
available under this heading shall be available for expiring or 
terminating section 8 project-based subsidy contracts (including 
section 8 moderate rehabilitation contracts), for amendments to section 
8 project-based subsidy contracts (including section 8 moderate 
rehabilitation contracts), for contracts entered into pursuant to 
section 441 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 
11401), for renewal of section 8 contracts for units in projects that 
are subject to approved plans of action under the Emergency Low Income 
Housing Preservation Act of 1987 or the Low-Income Housing Preservation 
and Resident Homeownership Act of 1990, and for administrative and 
other expenses associated with project-based activities and assistance 
funded under this heading:  Provided further, That of the total amounts 
provided under this heading, not to exceed $375,000,000 shall be 
available for performance-based contract administrators for section 8 
project-based assistance, for carrying out 42 U.S.C. 1437(f):  Provided 
further, That the Secretary may also use such amounts in the preceding 
proviso for performance-based contract administrators for the 
administration of: interest reduction payments pursuant to section 
236(a) of the National Housing Act (12 U.S.C. 1715z-1(a)); rent 
supplement payments pursuant to section 101 of the Housing and Urban 
Development Act of 1965 (12 U.S.C. 1701s); section 236(f)(2) rental 
assistance payments (12 U.S.C. 1715z-1(f)(2)); project rental 
assistance contracts for the elderly under section 202(c)(2) of the 
Housing Act of 1959 (12 U.S.C. 1701q); project rental assistance 
contracts for supportive housing for persons with disabilities under 
section 811(d)(2) of the Cranston-Gonzalez National Affordable Housing 
Act (42 U.S.C. 8013(d)(2)); project assistance contracts pursuant to 
section 202(h) of the Housing Act of 1959 (Public Law 86-372; 73 Stat. 
667); and loans under section 202 of the Housing Act of 1959 (Public 
Law 86-372; 73 Stat. 667):  Provided further, That amounts recaptured 
under this heading, the heading ``Annual Contributions for Assisted 
Housing'', or the heading ``Housing Certificate Fund'', may be used for 
renewals of or amendments to section 8 project-based contracts or for 
performance-based contract administrators, notwithstanding the purposes 
for which such amounts were appropriated:  Provided further, That, 
notwithstanding any other provision of law, upon the request of the 
Secretary, project funds that are held in residual receipts accounts 
for any project subject to a section 8 project-based Housing Assistance 
Payments contract that authorizes the Department or a housing finance 
agency to require that surplus project funds be deposited in an 
interest-bearing residual receipts account and that are in excess of an 
amount to be determined by the Secretary, shall be remitted to the 
Department and deposited in this account, to be available until 
expended:  Provided further, That amounts deposited pursuant to the 
preceding proviso shall be available in addition to the amount 
otherwise provided by this heading for uses authorized under this 
heading:  Provided further, That of the total amounts provided under 
this heading, not to exceed $53,100,000 shall be available for rent 
adjustments authorized under section 515(d) of the Multifamily Assisted 
Housing Reform and Affordability Act of 1997 (as added by section 
240(a) of this Act):  Provided further, That up to 2 percent of the 
total amount made available in the preceding proviso shall be for 
administrative contract costs, including for carrying out due diligence 
and underwriting functions for evaluating owners' requests and for 
technical assistance activities:  Provided further, That any additional 
amounts for rent adjustments or supplemental contract funding 
authorized under the two preceding provisos shall be combined with 
other amounts obligated to such contracts and the combined total amount 
shall be available for all purposes under such contracts.

                        housing for the elderly

    For capital advances, including amendments to capital advance 
contracts, for housing for the elderly, as authorized by section 202 of 
the Housing Act of 1959 (12 U.S.C. 1701q), for project rental 
assistance for the elderly under section 202(c)(2) of such Act, 
including amendments to contracts for such assistance and renewal of 
expiring contracts for such assistance for up to a 5-year term, for 
senior preservation rental assistance contracts, including renewals, as 
authorized by section 811(e) of the American Homeownership and Economic 
Opportunity Act of 2000 (12 U.S.C. 1701q note), and for supportive 
services associated with the housing, $1,033,000,000 to remain 
available until September 30, 2026:  Provided, That of the amount made 
available under this heading, up to $170,000,000 shall be for service 
coordinators and the continuation of existing congregate service grants 
for residents of assisted housing projects:  Provided further, That any 
funding for existing service coordinators under the preceding proviso 
shall be provided within 120 days of enactment of this Act:  Provided 
further, That amounts made available under this heading shall be 
available for Real Estate Assessment Center inspections and inspection-
related activities associated with section 202 projects:  Provided 
further, That the Secretary may waive the provisions of section 202 
governing the terms and conditions of project rental assistance, except 
that the initial contract term for such assistance shall not exceed 5 
years in duration:  Provided further, That upon request of the 
Secretary, project funds that are held in residual receipts accounts 
for any project subject to a section 202 project rental assistance 
contract, and that upon termination of such contract are in excess of 
an amount to be determined by the Secretary, shall be remitted to the 
Department and deposited in this account, to remain available until 
September 30, 2026:  Provided further, That amounts deposited in this 
account pursuant to the preceding proviso shall be available, in 
addition to the amounts otherwise provided by this heading, for the 
purposes authorized under this heading:  Provided further, That 
unobligated balances, including recaptures and carryover, remaining 
from funds transferred to or appropriated under this heading shall be 
available for the current purposes authorized under this heading in 
addition to the purposes for which such funds originally were 
appropriated:  Provided further, That of the total amount made 
available under this heading, up to $10,000,000 shall be used by the 
Secretary to support preservation transactions of housing for the 
elderly originally developed with a capital advance and assisted by a 
project rental assistance contract under the provisions of section 
202(c) of the Housing Act of 1959.

                 housing for persons with disabilities

    For capital advances, including amendments to capital advance 
contracts, for supportive housing for persons with disabilities, as 
authorized by section 811 of the Cranston-Gonzalez National Affordable 
Housing Act (42 U.S.C. 8013), for project rental assistance for 
supportive housing for persons with disabilities under section 
811(d)(2) of such Act, for project assistance contracts pursuant to 
subsection (h) of section 202 of the Housing Act of 1959, as added by 
section 205(a) of the Housing and Community Development Amendments of 
1978 (Public Law 95-557: 92 Stat. 2090), including amendments to 
contracts for such assistance and renewal of expiring contracts for 
such assistance for up to a 5-year term, for project rental assistance 
to State housing finance agencies and other appropriate entities as 
authorized under section 811(b)(3) of the Cranston-Gonzalez National 
Affordable Housing Act, and for supportive services associated with the 
housing for persons with disabilities as authorized by section 
811(b)(1) of such Act, $287,700,000, to remain available until 
September 30, 2026:  Provided, That amounts made available under this 
heading shall be available for Real Estate Assessment Center 
inspections and inspection-related activities associated with section 
811 projects:  Provided further, That, upon the request of the 
Secretary, project funds that are held in residual receipts accounts 
for any project subject to a section 811 project rental assistance 
contract, and that upon termination of such contract are in excess of 
an amount to be determined by the Secretary, shall be remitted to the 
Department and deposited in this account, to remain available until 
September 30, 2026:  Provided further, That amounts deposited in this 
account pursuant to the preceding proviso shall be available in 
addition to the amounts otherwise provided by this heading for the 
purposes authorized under this heading:  Provided further, That 
unobligated balances, including recaptures and carryover, remaining 
from funds transferred to or appropriated under this heading shall be 
used for the current purposes authorized under this heading in addition 
to the purposes for which such funds originally were appropriated.

                     housing counseling assistance

    For contracts, grants, and other assistance excluding loans, as 
authorized under section 106 of the Housing and Urban Development Act 
of 1968, as amended, $63,000,000, to remain available until September 
30, 2024, including up to $4,500,000 for administrative contract 
services:  Provided, That funds shall be used for providing counseling 
and advice to tenants and homeowners, both current and prospective, 
with respect to property maintenance, financial management or literacy, 
and such other matters as may be appropriate to assist them in 
improving their housing conditions, meeting their financial needs, and 
fulfilling the responsibilities of tenancy or homeownership; for 
program administration; and for housing counselor training:  Provided 
further, That for purposes of awarding grants from amounts provided 
under this heading, the Secretary may enter into multiyear agreements, 
as appropriate, subject to the availability of annual appropriations.

            payment to manufactured housing fees trust fund

    For necessary expenses as authorized by the National Manufactured 
Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 5401 
et seq.), up to $14,000,000, to remain available until expended, of 
which $14,000,000 shall be derived from the Manufactured Housing Fees 
Trust Fund (established under section 620(e) of such Act (42 U.S.C. 
5419(e)):  Provided, That not to exceed the total amount appropriated 
under this heading shall be available from the general fund of the 
Treasury to the extent necessary to incur obligations and make 
expenditures pending the receipt of collections to the Fund pursuant to 
section 620 of such Act:  Provided further, That the amount made 
available under this heading from the general fund shall be reduced as 
such collections are received during fiscal year 2023 so as to result 
in a final fiscal year 2023 appropriation from the general fund 
estimated at zero, and fees pursuant to such section 620 shall be 
modified as necessary to ensure such a final fiscal year 2023 
appropriation:  Provided further, That for the dispute resolution and 
installation programs, the Secretary may assess and collect fees from 
any program participant:  Provided further, That such collections shall 
be deposited into the Trust Fund, and the Secretary, as provided 
herein, may use such collections, as well as fees collected under 
section 620 of such Act, for necessary expenses of such Act:  Provided 
further, That, notwithstanding the requirements of section 620 of such 
Act, the Secretary may carry out responsibilities of the Secretary 
under such Act through the use of approved service providers that are 
paid directly by the recipients of their services.

                     Federal Housing Administration

               mutual mortgage insurance program account

    New commitments to guarantee single family loans insured under the 
Mutual Mortgage Insurance Fund shall not exceed $400,000,000,000, to 
remain available until September 30, 2024:  Provided, That during 
fiscal year 2023, obligations to make direct loans to carry out the 
purposes of section 204(g) of the National Housing Act, as amended, 
shall not exceed $1,000,000:  Provided further, That the foregoing 
amount in the preceding proviso shall be for loans to nonprofit and 
governmental entities in connection with sales of single family real 
properties owned by the Secretary and formerly insured under the Mutual 
Mortgage Insurance Fund:  Provided further, That for administrative 
contract expenses of the Federal Housing Administration, $150,000,000, 
to remain available until September 30, 2024:  Provided further, That 
to the extent guaranteed loan commitments exceed $200,000,000,000 on or 
before April 1, 2023, an additional $1,400 for administrative contract 
expenses shall be available for each $1,000,000 in additional 
guaranteed loan commitments (including a pro rata amount for any amount 
below $1,000,000), but in no case shall funds made available by this 
proviso exceed $30,000,000:  Provided further, That notwithstanding the 
limitation in the first sentence of section 255(g) of the National 
Housing Act (12 U.S.C. 1715z-20(g)), during fiscal year 2023 the 
Secretary may insure and enter into new commitments to insure mortgages 
under section 255 of the National Housing Act only to the extent that 
the net credit subsidy cost for such insurance does not exceed zero.

                general and special risk program account

    New commitments to guarantee loans insured under the General and 
Special Risk Insurance Funds, as authorized by sections 238 and 519 of 
the National Housing Act (12 U.S.C. 1715z-3 and 1735c), shall not 
exceed $35,000,000,000 in total loan principal, any part of which is to 
be guaranteed, to remain available until September 30, 2024:  Provided, 
That during fiscal year 2023, gross obligations for the principal 
amount of direct loans, as authorized by sections 204(g), 207(l), 238, 
and 519(a) of the National Housing Act, shall not exceed $1,000,000, 
which shall be for loans to nonprofit and governmental entities in 
connection with the sale of single family real properties owned by the 
Secretary and formerly insured under such Act.

                Government National Mortgage Association

guarantees of mortgage-backed securities loan guarantee program account

    New commitments to issue guarantees to carry out the purposes of 
section 306 of the National Housing Act, as amended (12 U.S.C. 
1721(g)), shall not exceed $900,000,000,000, to remain available until 
September 30, 2024:  Provided, That $42,400,000, to remain available 
until September 30, 2024, shall be for necessary salaries and expenses 
of the Government National Mortgage Association:  Provided further, 
That to the extent that guaranteed loan commitments exceed 
$155,000,000,000 on or before April 1, 2023, an additional $100 for 
necessary salaries and expenses shall be available until expended for 
each $1,000,000 in additional guaranteed loan commitments (including a 
pro rata amount for any amount below $1,000,000), but in no case shall 
funds made available by this proviso exceed $3,000,000:  Provided 
further, That receipts from Commitment and Multiclass fees collected 
pursuant to title III of the National Housing Act (12 U.S.C. 1716 et 
seq.) shall be credited as offsetting collections to this account.

                    Policy Development and Research

                        research and technology

    For contracts, grants, and necessary expenses of programs of 
research and studies relating to housing and urban problems, not 
otherwise provided for, as authorized by title V of the Housing and 
Urban Development Act of 1970 (12 U.S.C. 1701z-1 et seq.), including 
carrying out the functions of the Secretary of Housing and Urban 
Development under section 1(a)(1)(i) of Reorganization Plan No. 2 of 
1968, and for technical assistance, $115,000,000, to remain available 
until September 30, 2024:  Provided, That with respect to amounts made 
available under this heading, notwithstanding section 203 of this 
title, the Secretary may enter into cooperative agreements with 
philanthropic entities, other Federal agencies, State or local 
governments and their agencies, Indian Tribes, tribally designated 
housing entities, or colleges or universities for research projects:  
Provided further, That with respect to the preceding proviso, such 
partners to the cooperative agreements shall contribute at least a 50 
percent match toward the cost of the project:  Provided further, That 
for non-competitive agreements entered into in accordance with the 
preceding two provisos, the Secretary shall comply with section 2(b) of 
the Federal Funding Accountability and Transparency Act of 2006 (Public 
Law 109-282, 31 U.S.C. note) in lieu of compliance with section 
102(a)(4)(C) of the Department of Housing and Urban Development Reform 
Act of 1989 (42 U.S.C. 3545(a)(4)(C)) with respect to documentation of 
award decisions:  Provided further, That prior to obligation of 
technical assistance funding, the Secretary shall submit a plan to the 
House and Senate Committees on Appropriations on how the Secretary will 
allocate funding for this activity at least 30 days prior to 
obligation:  Provided further, That none of the funds provided under 
this heading may be available for the doctoral dissertation research 
grant program.

                   Fair Housing and Equal Opportunity

                        fair housing activities

    For contracts, grants, and other assistance, not otherwise provided 
for, as authorized by title VIII of the Civil Rights Act of 1968 (42 
U.S.C. 3601 et seq.), and section 561 of the Housing and Community 
Development Act of 1987 (42 U.S.C. 3616a), $85,000,000, to remain 
available until September 30, 2024:  Provided, That notwithstanding 
section 3302 of title 31, United States Code, the Secretary may assess 
and collect fees to cover the costs of the Fair Housing Training 
Academy, and may use such funds to develop on-line courses and provide 
such training:  Provided further, That none of the funds made available 
under this heading may be used to lobby the executive or legislative 
branches of the Federal Government in connection with a specific 
contract, grant, or loan:  Provided further, That of the funds made 
available under this heading, $1,000,000 shall be available to the 
Secretary for the creation and promotion of translated materials and 
other programs that support the assistance of persons with limited 
English proficiency in utilizing the services provided by the 
Department of Housing and Urban Development.

            Office of Lead Hazard Control and Healthy Homes

                         lead hazard reduction

                     (including transfer of funds)

    For the Lead Hazard Reduction Program, as authorized by section 
1011 of the Residential Lead-Based Paint Hazard Reduction Act of 1992 
(42 U.S.C. 4852), and for related activities and assistance, 
$390,000,000, to remain available until September 30, 2025:  Provided, 
That of the sums appropriated under this heading--
            (1) $290,000,000 shall be available for the award of grants 
        pursuant to such section 1011, of which not less than 
        $95,000,000 shall be provided to areas with the highest lead-
        based paint abatement needs;
            (2) $90,000,000 shall be available for the Healthy Homes 
        Initiative, pursuant to sections 501 and 502 of the Housing and 
        Urban Development Act of 1970, which shall include research, 
        studies, testing, and demonstration efforts, including 
        education and outreach concerning lead-based paint poisoning 
        and other housing-related diseases and hazards, and mitigating 
        housing-related health and safety hazards in housing of low-
        income families, of which--
                    (A) $5,000,000 of such amounts shall be available 
                for the implementation of projects in up to five 
                communities that are served by both the Healthy Homes 
                Initiative and the Department of Energy weatherization 
                programs to demonstrate whether the coordination of 
                Healthy Homes remediation activities with 
                weatherization activities achieves cost savings and 
                better outcomes in improving the safety and quality of 
                homes; and
                    (B) $15,000,000 of such amounts shall be available 
                for grants to experienced non-profit organizations, 
                States, local governments, or public housing agencies 
                for safety and functional home modification repairs and 
                renovations to meet the needs of low-income seniors to 
                enable them to remain in their primary residence:  
                Provided, That of the total amount made available under 
                this subparagraph no less than $5,000,000 shall be 
                available to meet such needs in communities with 
                substantial rural populations;
            (3) $5,000,000 shall be available for the award of grants 
        and contracts for research pursuant to sections 1051 and 1052 
        of the Residential Lead-Based Paint Hazard Reduction Act of 
        1992 (42 U.S.C. 4854, 4854a);
            (4) up to $2,000,000 in total of the amounts made available 
        under paragraphs (2) and (3) may be transferred to the heading 
        ``Research and Technology'' for the purposes of conducting 
        research and studies and for use in accordance with the 
        provisos under that heading for non-competitive agreements; and
            (5) $5,000,000 shall be available for grants for a radon 
        testing and mitigation safety demonstration program (the radon 
        demonstration) in public housing:  Provided, That the testing 
        method, mitigation method, or action level used under the radon 
        demonstration shall be as specified by applicable state or 
        local law, if such law is more protective of human health or 
        the environment than the method or level specified by the 
        Secretary:
  Provided further, That for purposes of environmental review, pursuant 
to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.) and other provisions of law that further the purposes of such 
Act, a grant under the Healthy Homes Initiative, or the Lead Technical 
Studies program, or other demonstrations or programs under this heading 
or under prior appropriations Acts for such purposes under this 
heading, or under the heading ``Housing for the Elderly'' under prior 
Appropriations Acts, shall be considered to be funds for a special 
project for purposes of section 305(c) of the Multifamily Housing 
Property Disposition Reform Act of 1994:  Provided further, That each 
applicant for a grant or cooperative agreement under this heading shall 
certify adequate capacity that is acceptable to the Secretary to carry 
out the proposed use of funds pursuant to a notice of funding 
opportunity:  Provided further, That amounts made available under this 
heading, except for amounts in paragraph (2)(B) for home modification 
repairs and renovations, in this or prior appropriations Acts, still 
remaining available, may be used for any purpose under this heading 
notwithstanding the purpose for which such amounts were appropriated if 
a program competition is undersubscribed and there are other program 
competitions under this heading that are oversubscribed.

                      Information Technology Fund

    For Department-wide and program-specific information technology 
systems and infrastructure, $383,750,000, to remain available until 
September 30, 2025, of which up to $32,950,000 shall be for 
development, modernization, and enhancement projects, including 
planning for such projects:  Provided, That not more than 10 percent of 
the funds made available under this heading for development, 
modernization, and enhancement may be obligated until the Secretary 
submits and the House and Senate Committees on Appropriations approve a 
plan that--
            (1) identifies for each development, modernization, and 
        enhancement project to be funded from available balances, 
        including carryover--
                    (A) plain language summaries of the project scope;
                    (B) the estimated total project cost; and
                    (C) key milestones to be met; and
            (2) identifies for each major modernization project--
                    (A) the functional and performance capabilities to 
                be delivered and the mission benefits to be realized;
                    (B) the estimated life-cycle cost;
                    (C) key milestones to be met through the project 
                end date, including any identified system 
                decommissioning;
                    (D) a description of the procurement strategy and 
                governance structure for the project and the number of 
                HUD staff and contractors supporting the project; and
                    (E) certification from the Chief Information 
                Officer that each project is compliant with the 
                Department's enterprise architecture, life-cycle 
                management and capital planning and investment control 
                requirements:
  Provided further, That not later than 30 days after the end of each 
quarter, the Secretary shall submit an updated report to the Committees 
on Appropriations of the House of Representatives and the Senate 
summarizing the status, cost and plan for all modernization projects; 
and for each major modernization project with an approved project plan, 
identifying--
            (1) results and actual expenditures of the prior quarter;
            (2) any variances in cost, schedule (including 
        procurement), or functionality from the previously approved 
        project plan, reasons for such variances and estimated impact 
        on total life-cycle costs; and
            (3) risks and mitigation strategies associated with ongoing 
        work.

                      Office of Inspector General

    For necessary salaries and expenses of the Office of Inspector 
General in carrying out the Inspector General Act of 1978, as amended, 
$140,000,000:  Provided, That the Inspector General shall have 
independent authority over all personnel issues within this office.

    General Provisions--Department of Housing and Urban Development

                     (including transfer of funds)

                         (including rescission)

    Sec. 201.  Fifty percent of the amounts of budget authority, or in 
lieu thereof 50 percent of the cash amounts associated with such budget 
authority, that are recaptured from projects described in section 
1012(a) of the Stewart B. McKinney Homeless Assistance Amendments Act 
of 1988 (42 U.S.C. 1437f note) shall be rescinded or in the case of 
cash, shall be remitted to the Treasury, and such amounts of budget 
authority or cash recaptured and not rescinded or remitted to the 
Treasury shall be used by State housing finance agencies or local 
governments or local housing agencies with projects approved by the 
Secretary of Housing and Urban Development for which settlement 
occurred after January 1, 1992, in accordance with such section. 
Notwithstanding the previous sentence, the Secretary may award up to 15 
percent of the budget authority or cash recaptured and not rescinded or 
remitted to the Treasury to provide project owners with incentives to 
refinance their project at a lower interest rate.
    Sec. 202.  None of the funds made available by this Act may be used 
during fiscal year 2023 to investigate or prosecute under the Fair 
Housing Act any otherwise lawful activity engaged in by one or more 
persons, including the filing or maintaining of a nonfrivolous legal 
action, that is engaged in solely for the purpose of achieving or 
preventing action by a Government official or entity, or a court of 
competent jurisdiction.
    Sec. 203.  Except as explicitly provided in law, any grant, 
cooperative agreement or other assistance made pursuant to title II of 
this Act shall be made on a competitive basis and in accordance with 
section 102 of the Department of Housing and Urban Development Reform 
Act of 1989 (42 U.S.C. 3545).
    Sec. 204.  Funds of the Department of Housing and Urban Development 
subject to the Government Corporation Control Act or section 402 of the 
Housing Act of 1950 shall be available, without regard to the 
limitations on administrative expenses, for legal services on a 
contract or fee basis, and for utilizing and making payment for 
services and facilities of the Federal National Mortgage Association, 
Government National Mortgage Association, Federal Home Loan Mortgage 
Corporation, Federal Financing Bank, Federal Reserve banks or any 
member thereof, Federal Home Loan banks, and any insured bank within 
the meaning of the Federal Deposit Insurance Corporation Act, as 
amended (12 U.S.C. 1811-1).
    Sec. 205.  Unless otherwise provided for in this Act or through a 
reprogramming of funds, no part of any appropriation for the Department 
of Housing and Urban Development shall be available for any program, 
project or activity in excess of amounts set forth in the budget 
estimates submitted to Congress.
    Sec. 206.  Corporations and agencies of the Department of Housing 
and Urban Development which are subject to the Government Corporation 
Control Act are hereby authorized to make such expenditures, within the 
limits of funds and borrowing authority available to each such 
corporation or agency and in accordance with law, and to make such 
contracts and commitments without regard to fiscal year limitations as 
provided by section 104 of such Act as may be necessary in carrying out 
the programs set forth in the budget for 2023 for such corporation or 
agency except as hereinafter provided:  Provided, That collections of 
these corporations and agencies may be used for new loan or mortgage 
purchase commitments only to the extent expressly provided for in this 
Act (unless such loans are in support of other forms of assistance 
provided for in this or prior appropriations Acts), except that this 
proviso shall not apply to the mortgage insurance or guaranty 
operations of these corporations, or where loans or mortgage purchases 
are necessary to protect the financial interest of the United States 
Government.
    Sec. 207.  The Secretary shall provide quarterly reports to the 
House and Senate Committees on Appropriations regarding all 
uncommitted, unobligated, recaptured and excess funds in each program 
and activity within the jurisdiction of the Department and shall submit 
additional, updated budget information to these Committees upon 
request.
    Sec. 208.  None of the funds made available by this title may be 
used for an audit of the Government National Mortgage Association that 
makes applicable requirements under the Federal Credit Reform Act of 
1990 (2 U.S.C. 661 et seq.).
    Sec. 209. (a) Notwithstanding any other provision of law, subject 
to the conditions listed under this section, for fiscal years 2023 and 
2024, the Secretary of Housing and Urban Development may authorize the 
transfer of some or all project-based assistance, debt held or insured 
by the Secretary and statutorily required low-income and very low-
income use restrictions if any, associated with one or more multifamily 
housing project or projects to another multifamily housing project or 
projects.
    (b) Phased Transfers.--Transfers of project-based assistance under 
this section may be done in phases to accommodate the financing and 
other requirements related to rehabilitating or constructing the 
project or projects to which the assistance is transferred, to ensure 
that such project or projects meet the standards under subsection (c).
    (c) The transfer authorized in subsection (a) is subject to the 
following conditions:
            (1) Number and bedroom size of units.--
                    (A) For occupied units in the transferring project: 
                The number of low-income and very low-income units and 
                the configuration (i.e., bedroom size) provided by the 
                transferring project shall be no less than when 
                transferred to the receiving project or projects and 
                the net dollar amount of Federal assistance provided to 
                the transferring project shall remain the same in the 
                receiving project or projects.
                    (B) For unoccupied units in the transferring 
                project: The Secretary may authorize a reduction in the 
                number of dwelling units in the receiving project or 
                projects to allow for a reconfiguration of bedroom 
                sizes to meet current market demands, as determined by 
                the Secretary and provided there is no increase in the 
                project-based assistance budget authority.
            (2) The transferring project shall, as determined by the 
        Secretary, be either physically obsolete or economically 
        nonviable, or be reasonably expected to become economically 
        nonviable when complying with state or Federal requirements for 
        community integration and reduced concentration of individuals 
        with disabilities.
            (3) The receiving project or projects shall meet or exceed 
        applicable physical standards established by the Secretary.
            (4) The owner or mortgagor of the transferring project 
        shall notify and consult with the tenants residing in the 
        transferring project and provide a certification of approval by 
        all appropriate local governmental officials.
            (5) The tenants of the transferring project who remain 
        eligible for assistance to be provided by the receiving project 
        or projects shall not be required to vacate their units in the 
        transferring project or projects until new units in the 
        receiving project are available for occupancy.
            (6) The Secretary determines that this transfer is in the 
        best interest of the tenants.
            (7) If either the transferring project or the receiving 
        project or projects meets the condition specified in subsection 
        (d)(2)(A), any lien on the receiving project resulting from 
        additional financing obtained by the owner shall be subordinate 
        to any FHA-insured mortgage lien transferred to, or placed on, 
        such project by the Secretary, except that the Secretary may 
        waive this requirement upon determination that such a waiver is 
        necessary to facilitate the financing of acquisition, 
        construction, and/or rehabilitation of the receiving project or 
        projects.
            (8) If the transferring project meets the requirements of 
        subsection (d)(2), the owner or mortgagor of the receiving 
        project or projects shall execute and record either a 
        continuation of the existing use agreement or a new use 
        agreement for the project where, in either case, any use 
        restrictions in such agreement are of no lesser duration than 
        the existing use restrictions.
            (9) The transfer does not increase the cost (as defined in 
        section 502 of the Congressional Budget Act of 1974 (2 U.S.C. 
        661a)) of any FHA-insured mortgage, except to the extent that 
        appropriations are provided in advance for the amount of any 
        such increased cost.
    (d) For purposes of this section--
            (1) the terms ``low-income'' and ``very low-income'' shall 
        have the meanings provided by the statute and/or regulations 
        governing the program under which the project is insured or 
        assisted;
            (2) the term ``multifamily housing project'' means housing 
        that meets one of the following conditions--
                    (A) housing that is subject to a mortgage insured 
                under the National Housing Act;
                    (B) housing that has project-based assistance 
                attached to the structure including projects undergoing 
                mark to market debt restructuring under the Multifamily 
                Assisted Housing Reform and Affordability Housing Act;
                    (C) housing that is assisted under section 202 of 
                the Housing Act of 1959 (12 U.S.C. 1701q);
                    (D) housing that is assisted under section 202 of 
                the Housing Act of 1959 (12 U.S.C. 1701q), as such 
                section existed before the enactment of the Cranston-
                Gonzales National Affordable Housing Act;
                    (E) housing that is assisted under section 811 of 
                the Cranston-Gonzales National Affordable Housing Act 
                (42 U.S.C. 8013); or
                    (F) housing or vacant land that is subject to a use 
                agreement;
            (3) the term ``project-based assistance'' means--
                    (A) assistance provided under section 8(b) of the 
                United States Housing Act of 1937 (42 U.S.C. 1437f(b));
                    (B) assistance for housing constructed or 
                substantially rehabilitated pursuant to assistance 
                provided under section 8(b)(2) of such Act (as such 
                section existed immediately before October 1, 1983);
                    (C) rent supplement payments under section 101 of 
                the Housing and Urban Development Act of 1965 (12 
                U.S.C. 1701s);
                    (D) interest reduction payments under section 236 
                and/or additional assistance payments under section 
                236(f)(2) of the National Housing Act (12 U.S.C. 1715z-
                1);
                    (E) assistance payments made under section 
                202(c)(2) of the Housing Act of 1959 (12 U.S.C. 
                1701q(c)(2)); and
                    (F) assistance payments made under section 
                811(d)(2) of the Cranston-Gonzalez National Affordable 
                Housing Act (42 U.S.C. 8013(d)(2));
            (4) the term ``receiving project or projects'' means the 
        multifamily housing project or projects to which some or all of 
        the project-based assistance, debt, and statutorily required 
        low-income and very low-income use restrictions are to be 
        transferred;
            (5) the term ``transferring project'' means the multifamily 
        housing project which is transferring some or all of the 
        project-based assistance, debt, and the statutorily required 
        low-income and very low-income use restrictions to the 
        receiving project or projects; and
            (6) the term ``Secretary'' means the Secretary of Housing 
        and Urban Development.
    (e) Research Report.--The Secretary shall conduct an evaluation of 
the transfer authority under this section, including the effect of such 
transfers on the operational efficiency, contract rents, physical and 
financial conditions, and long-term preservation of the affected 
properties.
    Sec. 210. (a) No assistance shall be provided under section 8 of 
the United States Housing Act of 1937 (42 U.S.C. 1437f) to any 
individual who--
            (1) is enrolled as a student at an institution of higher 
        education (as defined under section 102 of the Higher Education 
        Act of 1965 (20 U.S.C. 1002));
            (2) is under 24 years of age;
            (3) is not a veteran;
            (4) is unmarried;
            (5) does not have a dependent child;
            (6) is not a person with disabilities, as such term is 
        defined in section 3(b)(3)(E) of the United States Housing Act 
        of 1937 (42 U.S.C. 1437a(b)(3)(E)) and was not receiving 
        assistance under such section 8 as of November 30, 2005;
            (7) is not a youth who left foster care at age 14 or older 
        and is at risk of becoming homeless; and
            (8) is not otherwise individually eligible, or has parents 
        who, individually or jointly, are not eligible, to receive 
        assistance under section 8 of the United States Housing Act of 
        1937 (42 U.S.C. 1437f).
    (b) For purposes of determining the eligibility of a person to 
receive assistance under section 8 of the United States Housing Act of 
1937 (42 U.S.C. 1437f), any financial assistance (in excess of amounts 
received for tuition and any other required fees and charges) that an 
individual receives under the Higher Education Act of 1965 (20 U.S.C. 
1001 et seq.), from private sources, or from an institution of higher 
education (as defined under section 102 of the Higher Education Act of 
1965 (20 U.S.C. 1002)), shall be considered income to that individual, 
except for a person over the age of 23 with dependent children.
    Sec. 211.  The funds made available for Native Alaskans under 
paragraph (1) under the heading ``Native American Programs'' in title 
II of this Act shall be allocated to the same Native Alaskan housing 
block grant recipients that received funds in fiscal year 2005, and 
only such recipients shall be eligible to apply for funds made 
available under paragraph (2) of such heading.
    Sec. 212.  Notwithstanding any other provision of law, in fiscal 
year 2023, in managing and disposing of any multifamily property that 
is owned or has a mortgage held by the Secretary of Housing and Urban 
Development, and during the process of foreclosure on any property with 
a contract for rental assistance payments under section 8 of the United 
States Housing Act of 1937 (42 U.S.C. 1437f) or any other Federal 
programs, the Secretary shall maintain any rental assistance payments 
under section 8 of the United States Housing Act of 1937 and other 
programs that are attached to any dwelling units in the property. To 
the extent the Secretary determines, in consultation with the tenants 
and the local government that such a multifamily property owned or 
having a mortgage held by the Secretary is not feasible for continued 
rental assistance payments under such section 8 or other programs, 
based on consideration of (1) the costs of rehabilitating and operating 
the property and all available Federal, State, and local resources, 
including rent adjustments under section 524 of the Multifamily 
Assisted Housing Reform and Affordability Act of 1997 (in this section 
``MAHRAA'') (42 U.S.C. 1437f note), and (2) environmental conditions 
that cannot be remedied in a cost-effective fashion, the Secretary may, 
in consultation with the tenants of that property, contract for 
project-based rental assistance payments with an owner or owners of 
other existing housing properties, or provide other rental assistance. 
The Secretary shall also take appropriate steps to ensure that project-
based contracts remain in effect prior to foreclosure, subject to the 
exercise of contractual abatement remedies to assist relocation of 
tenants for imminent major threats to health and safety after written 
notice to and informed consent of the affected tenants and use of other 
available remedies, such as partial abatements or receivership. After 
disposition of any multifamily property described in this section, the 
contract and allowable rent levels on such properties shall be subject 
to the requirements under section 524 of MAHRAA.
    Sec. 213.  Public housing agencies that own and operate 400 or 
fewer public housing units may elect to be exempt from any asset 
management requirement imposed by the Secretary in connection with the 
operating fund rule:  Provided, That an agency seeking a discontinuance 
of a reduction of subsidy under the operating fund formula shall not be 
exempt from asset management requirements.
    Sec. 214.  With respect to the use of amounts provided in this Act 
and in future Acts for the operation, capital improvement, and 
management of public housing as authorized by sections 9(d) and 9(e) of 
the United States Housing Act of 1937 (42 U.S.C. 1437g(d),(e)), the 
Secretary shall not impose any requirement or guideline relating to 
asset management that restricts or limits in any way the use of capital 
funds for central office costs pursuant to paragraph (1) or (2) of 
section 9(g) of the United States Housing Act of 1937 (42 U.S.C. 
1437g(g)(1), (2)):  Provided, That a public housing agency may not use 
capital funds authorized under section 9(d) for activities that are 
eligible under section 9(e) for assistance with amounts from the 
operating fund in excess of the amounts permitted under paragraph (1) 
or (2) of section 9(g).
    Sec. 215.  No official or employee of the Department of Housing and 
Urban Development shall be designated as an allotment holder unless the 
Office of the Chief Financial Officer has determined that such 
allotment holder has implemented an adequate system of funds control 
and has received training in funds control procedures and directives. 
The Chief Financial Officer shall ensure that there is a trained 
allotment holder for each HUD appropriation under the accounts 
``Executive Offices'', ``Administrative Support Offices'', ``Program 
Offices'', ``Government National Mortgage Association--Guarantees of 
Mortgage-Backed Securities Loan Guarantee Program Account'', and 
``Office of Inspector General'' within the Department of Housing and 
Urban Development.
    Sec. 216.  The Secretary shall, for fiscal year 2023, notify the 
public through the Federal Register and other means, as determined 
appropriate, of the issuance of a notice of the availability of 
assistance or notice of funding opportunity (NOFO) for any program or 
discretionary fund administered by the Secretary that is to be 
competitively awarded. Notwithstanding any other provision of law, for 
fiscal year 2023, the Secretary may make the NOFO available only on the 
Internet at the appropriate Government website or through other 
electronic media, as determined by the Secretary.
    Sec. 217.  Payment of attorney fees in program-related litigation 
shall be paid from the individual program office and Office of General 
Counsel salaries and expenses appropriations.
    Sec. 218.  The Secretary is authorized to transfer up to 10 percent 
or $5,000,000, whichever is less, of funds appropriated for any office 
under the headings ``Administrative Support Offices'', or ``Program 
Offices'' to any other such office under such headings:  Provided, That 
no appropriation for any such office under such headings shall be 
increased or decreased by more than 10 percent or $5,000,000, whichever 
is less, without prior written approval of the House and Senate 
Committees on Appropriations:  Provided further, That the Secretary 
shall provide notification to such Committees 3 business days in 
advance of any such transfers under this section up to 10 percent or 
$5,000,000, whichever is less.
    Sec. 219. (a) Any entity receiving housing assistance payments 
shall maintain decent, safe, and sanitary conditions, as determined by 
the Secretary, and comply with any standards under applicable State or 
local laws, rules, ordinances, or regulations relating to the physical 
condition of any property covered under a housing assistance payment 
contract.
    (b) The Secretary shall take action under subsection (c) when a 
multifamily housing project with a contract under section 8 of the 
United States Housing Act of 1937 (42 U.S.C. 1437f) or a contract for 
similar project-based assistance--
            (1) receives a Uniform Physical Condition Standards (UPCS) 
        score of 59 or less; or
            (2) fails to certify in writing to the Secretary within 3 
        days that all Exigent Health and Safety deficiencies identified 
        by the inspector at the project have been corrected.
    Such requirements shall apply to insured and noninsured projects 
with assistance attached to the units under section 8 of the United 
States Housing Act of 1937 (42 U.S.C. 1437f), but shall not apply to 
such units assisted under section 8(o)(13) of such Act (42 U.S.C. 
1437f(o)(13)) or to public housing units assisted with capital or 
operating funds under section 9 of the United States Housing Act of 
1937 (42 U.S.C. 1437g).
    (c)(1) Within 15 days of the issuance of the Real Estate Assessment 
Center (``REAC'') inspection, the Secretary shall provide the owner 
with a Notice of Default with a specified timetable, determined by the 
Secretary, for correcting all deficiencies. The Secretary shall provide 
a copy of the Notice of Default to the tenants, the local government, 
any mortgagees, and any contract administrator. If the owner's appeal 
results in a UPCS score of 60 or above, the Secretary may withdraw the 
Notice of Default.
    (2) At the end of the time period for correcting all deficiencies 
specified in the Notice of Default, if the owner fails to fully correct 
such deficiencies, the Secretary may--
            (A) require immediate replacement of project management 
        with a management agent approved by the Secretary;
            (B) impose civil money penalties, which shall be used 
        solely for the purpose of supporting safe and sanitary 
        conditions at applicable properties, as designated by the 
        Secretary, with priority given to the tenants of the property 
        affected by the penalty;
            (C) abate the section 8 contract, including partial 
        abatement, as determined by the Secretary, until all 
        deficiencies have been corrected;
            (D) pursue transfer of the project to an owner, approved by 
        the Secretary under established procedures, who will be 
        obligated to promptly make all required repairs and to accept 
        renewal of the assistance contract if such renewal is offered;
            (E) transfer the existing section 8 contract to another 
        project or projects and owner or owners;
            (F) pursue exclusionary sanctions, including suspensions or 
        debarments from Federal programs;
            (G) seek judicial appointment of a receiver to manage the 
        property and cure all project deficiencies or seek a judicial 
        order of specific performance requiring the owner to cure all 
        project deficiencies;
            (H) work with the owner, lender, or other related party to 
        stabilize the property in an attempt to preserve the property 
        through compliance, transfer of ownership, or an infusion of 
        capital provided by a third-party that requires time to 
        effectuate; or
            (I) take any other regulatory or contractual remedies 
        available as deemed necessary and appropriate by the Secretary.
    (d) The Secretary shall take appropriate steps to ensure that 
project-based contracts remain in effect, subject to the exercise of 
contractual abatement remedies to assist relocation of tenants for 
major threats to health and safety after written notice to the affected 
tenants. To the extent the Secretary determines, in consultation with 
the tenants and the local government, that the property is not feasible 
for continued rental assistance payments under such section 8 or other 
programs, based on consideration of--
            (1) the costs of rehabilitating and operating the property 
        and all available Federal, State, and local resources, 
        including rent adjustments under section 524 of the Multifamily 
        Assisted Housing Reform and Affordability Act of 1997 
        (``MAHRAA''); and
            (2) environmental conditions that cannot be remedied in a 
        cost-effective fashion, the Secretary may contract for project-
        based rental assistance payments with an owner or owners of 
        other existing housing properties, or provide other rental 
        assistance.
    (e) The Secretary shall report semi-annually on all properties 
covered by this section that are assessed through the Real Estate 
Assessment Center and have UPCS physical inspection scores of less than 
60 or have received an unsatisfactory management and occupancy review 
within the past 36 months. The report shall include--
            (1) identification of the enforcement actions being taken 
        to address such conditions, including imposition of civil money 
        penalties and termination of subsidies, and identification of 
        properties that have such conditions multiple times;
            (2) identification of actions that the Department of 
        Housing and Urban Development is taking to protect tenants of 
        such identified properties; and
            (3) any administrative or legislative recommendations to 
        further improve the living conditions at properties covered 
        under a housing assistance payment contract.
    The first report shall be submitted to the Senate and House 
Committees on Appropriations not later than 30 days after the enactment 
of this Act, and the second report shall be submitted within 180 days 
of the transmittal of the first report.
    Sec. 220.  None of the funds made available by this Act, or any 
other Act, for purposes authorized under section 8 (only with respect 
to the tenant-based rental assistance program) and section 9 of the 
United States Housing Act of 1937 (42 U.S.C. 1437 et seq.), may be used 
by any public housing agency for any amount of salary, including 
bonuses, for the chief executive officer of which, or any other 
official or employee of which, that exceeds the annual rate of basic 
pay payable for a position at level IV of the Executive Schedule at any 
time during any public housing agency fiscal year 2023.
    Sec. 221.  None of the funds made available by this Act and 
provided to the Department of Housing and Urban Development may be used 
to make a grant award unless the Secretary notifies the House and 
Senate Committees on Appropriations not less than 3 full business days 
before any project, State, locality, housing authority, Tribe, 
nonprofit organization, or other entity selected to receive a grant 
award is announced by the Department or its offices.
    Sec. 222.  None of the funds made available in this Act shall be 
used by the Federal Housing Administration, the Government National 
Mortgage Association, or the Department of Housing and Urban 
Development to insure, securitize, or establish a Federal guarantee of 
any mortgage or mortgage backed security that refinances or otherwise 
replaces a mortgage that has been subject to eminent domain 
condemnation or seizure, by a State, municipality, or any other 
political subdivision of a State.
    Sec. 223.  None of the funds made available by this Act may be used 
to terminate the status of a unit of general local government as a 
metropolitan city (as defined in section 102 of the Housing and 
Community Development Act of 1974 (42 U.S.C. 5302)) with respect to 
grants under section 106 of such Act (42 U.S.C. 5306).
    Sec. 224.  Amounts made available by this Act that are 
appropriated, allocated, advanced on a reimbursable basis, or 
transferred to the Office of Policy Development and Research of the 
Department of Housing and Urban Development and functions thereof, for 
research, evaluation, or statistical purposes, and that are unexpended 
at the time of completion of a contract, grant, or cooperative 
agreement, may be deobligated and shall immediately become available 
and may be reobligated in that fiscal year or the subsequent fiscal 
year for the research, evaluation, or statistical purposes for which 
the amounts are made available to that Office subject to reprogramming 
requirements in section 246 of this Act.
    Sec. 225.  None of the funds provided in this Act or any other Act 
may be used for awards, including performance, special act, or spot, 
for any employee of the Department of Housing and Urban Development 
subject to administrative discipline (including suspension from work), 
in this fiscal year, but this prohibition shall not be effective prior 
to the effective date of any such administrative discipline or after 
any final decision over-turning such discipline.
    Sec. 226.  With respect to grant amounts awarded under the heading 
``Homeless Assistance Grants'' for fiscal years 2015 through 2023 for 
the Continuum of Care (CoC) program as authorized under subtitle C of 
title IV of the McKinney-Vento Homeless Assistance Act, costs paid by 
program income of grant recipients may count toward meeting the 
recipient's matching requirements, provided the costs are eligible CoC 
costs that supplement the recipient's CoC program.
    Sec. 227. (a) From amounts made available under this title under 
the heading ``Homeless Assistance Grants'', the Secretary may award 1-
year transition grants to recipients of funds for activities under 
subtitle C of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 
11381 et seq.) to transition from one Continuum of Care program 
component to another.
    (b) In order to be eligible to receive a transition grant, the 
funding recipient must have the consent of the continuum of care and 
meet standards determined by the Secretary.
    Sec. 228.  The Promise Zone designations and Promise Zone 
Designation Agreements entered into pursuant to such designations, made 
by the Secretary in prior fiscal years, shall remain in effect in 
accordance with the terms and conditions of such agreements.
    Sec. 229.  None of the amounts made available in this Act may be 
used to consider Family Self-Sufficiency performance measures or 
performance scores in determining funding awards for programs receiving 
Family Self-Sufficiency program coordinator funding provided in this 
Act.
    Sec. 230.  Any public housing agency designated as a Moving to Work 
agency pursuant to section 239 of division L of Public Law 114-113 (42 
U.S.C. 1437f note; 129 Stat. 2897) may, upon such designation, use 
funds (except for special purpose funding, including special purpose 
vouchers) previously allocated to any such public housing agency under 
section 8 or 9 of the United States Housing Act of 1937, including any 
reserve funds held by the public housing agency or funds held by the 
Department of Housing and Urban Development, pursuant to the authority 
for use of section 8 or 9 funding provided under such section and 
section 204 of title II of the Departments of Veterans Affairs and 
Housing and Urban Development and Independent Agencies Appropriations 
Act, 1996 (Public Law 104-134; 110 Stat. 1321-28), notwithstanding the 
purposes for which such funds were appropriated.
    Sec. 231.  None of the amounts made available by this Act may be 
used to prohibit any public housing agency under receivership or the 
direction of a Federal monitor from applying for, receiving, or using 
funds made available under the heading ``Public Housing Fund'' for 
competitive grants to evaluate and reduce lead-based paint hazards in 
this Act or that remain available and not awarded from prior Acts, or 
be used to prohibit a public housing agency from using such funds to 
carry out any required work pursuant to a settlement agreement, consent 
decree, voluntary agreement, or similar document for a violation of the 
Lead Safe Housing or Lead Disclosure Rules.
    Sec. 232.  None of the funds made available by this Act may be used 
to issue rules or guidance in contravention of section 1210 of Public 
Law 115-254 (132 Stat. 3442) or section 312 of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5155).
    Sec. 233.  Funds previously made available in the Consolidated 
Appropriations Act, 2016 (Public Law 114-113) for the ``Choice 
Neighborhoods Initiative'' that were available for obligation through 
fiscal year 2018 are to remain available through fiscal year 2024 for 
the liquidation of valid obligations incurred in fiscal years 2016 
through 2018.
    Sec. 234.  None of the funds made available by this Act may be used 
by the Department of Housing and Urban Development to direct a grantee 
to undertake specific changes to existing zoning laws as part of 
carrying out the final rule entitled ``Affirmatively Furthering Fair 
Housing'' (80 Fed. Reg. 42272 (July 16, 2015)) or the notice entitled 
``Affirmatively Furthering Fair Housing Assessment Tool'' (79 Fed. Reg. 
57949 (September 26, 2014)).
    Sec. 235.  The language under the heading ``Rental Assistance 
Demonstration'' in the Department of Housing and Urban Development 
Appropriations Act, 2012 (Public Law 112-55), as most recently amended 
by Public Law 117-103, is further amended--
            (1) in the initial undesignated matter, by striking ``and 
        `Public Housing Operating Fund''' and inserting ``, `Public 
        Housing Operating Fund' and `Public Housing Fund''';
            (2) in the second proviso, by striking ``until September 
        30, 2024'' and inserting ``for fiscal year 2012 and 
        thereafter'';
            (3) by striking the fourth proviso and inserting the 
        following new provisos: ``Provided further, That at properties 
        with assistance under section 9 of the Act requesting to 
        partially convert such assistance, and where an event under 
        section 18 of the Act occurs that results in the eligibility 
        for tenant protection vouchers under section 8(o) of the Act, 
        the Secretary may convert the tenant protection voucher 
        assistance to assistance under a project-based subsidy contract 
        under section 8 of the Act, which shall be eligible for renewal 
        under section 524 of the Multifamily Assisted Housing Reform 
        and Affordability Act of 1997, or assistance under section 
        8(o)(13) of the Act, so long as the property meets any 
        additional requirements established by the Secretary to 
        facilitate conversion: Provided further, That to facilitate the 
        conversion of assistance under the previous proviso, the 
        Secretary may transfer an amount equal to the total amount that 
        would have been allocated for tenant protection voucher 
        assistance for properties that have requested such conversions 
        from amounts made available for tenant protection voucher 
        assistance under the heading `Tenant-Based Rental Assistance' 
        to the heading `Project-Based Rental Assistance': Provided 
        further, That at properties with assistance previously 
        converted hereunder to assistance under the heading `Project 
        Based Rental Assistance,' which are also separately assisted 
        under section 8(o)(13) of the Act, the Secretary may, with the 
        consent of the public housing agency and owner, terminate such 
        project-based subsidy contracts and immediately enter into one 
        new project-based subsidy contract under section 8 of the Act, 
        which shall be eligible for renewal under section 524 of the 
        Multifamily Assisted Housing Reform and Affordability Act of 
        1997, subject to the requirement that any residents assisted 
        under section 8(o)(13) of the Act at the time of such 
        termination of such project-based subsidy contract shall retain 
        all rights accrued under section 8(o)(13)(E) of the Act under 
        the new project-based subsidy contract and section 
        8(o)(13)(F)(iv) of the Act shall not apply: Provided further, 
        That to carry out the previous proviso, the Secretary may 
        transfer from the heading `Tenant-Based Rental Assistance' to 
        the heading `Project-Based Rental Assistance' an amount equal 
        to the amounts associated with such terminating contract under 
        section 8(o)(13) of the Act:'';
            (4) in the thirteenth proviso, as reordered above, by--
                    (A) inserting ```Public Housing Fund', `Self-
                Sufficiency Programs', `Family Self-Sufficiency''' 
                following ```Public Housing Operating Fund',''; and
                    (B) inserting ``or the ongoing availability of 
                services for residents'' after ``effective conversion 
                of assistance under the demonstration'';
            (5) after the twenty-third proviso, as reordered above, by 
        inserting the following proviso: ``Provided further, That 
        owners of properties with a senior preservation rental 
        assistance contract under section 811 of the American 
        Homeownership and Economic Opportunity Act of 2000 (12 U.S.C. 
        1701q note), shall be eligible, subject to requirements 
        established by the Secretary as necessary to facilitate the 
        conversion of assistance while maintaining the affordability 
        period and the designation of the property as serving elderly 
        families, and tenant consultation procedures, for conversion of 
        assistance available for such assistance contracts to 
        assistance under a long-term project-based subsidy contract 
        under section 8 of the Act'';
            (6) in the twenty-eighth proviso, as reordered above, by 
        inserting ``, section 811 of the American Homeownership and 
        Economic Opportunity Act of 2000,'' after ``Housing Act of 
        1959''; and
            (7) in the thirty-third proviso, as reordered above, by 
        striking ``any section 202 project rental assistance contract 
        or section 811 project rental assistance contract conversions'' 
        and inserting ``the conversion of assistance from section 
        202(c)(2) of the Housing Act of 1959, section 811 of the 
        American Homeownership and Economic Opportunity Act of 2000, or 
        section 811(d)(2) of the Cranston-Gonzalez National Affordable 
        Housing Act''.
    Sec. 236.  For fiscal year 2023, if the Secretary determines or has 
determined, for any prior formula grant allocation administered by the 
Secretary through the Offices of Public and Indian Housing, Community 
Planning and Development, or Housing, that a recipient received an 
allocation greater than the amount such recipient should have received 
for a formula allocation cycle pursuant to applicable statutes and 
regulations, the Secretary may adjust for any such funding error in the 
next applicable formula allocation cycle by (a) offsetting each such 
recipient's formula allocation (if eligible for a formula allocation in 
the next applicable formula allocation cycle) by the amount of any such 
funding error, and (b) reallocating any available balances that are 
attributable to the offset to the recipient or recipients that would 
have been allocated additional funds in the formula allocation cycle in 
which any such error occurred (if such recipient or recipients are 
eligible for a formula allocation in the next applicable formula 
allocation cycle) in an amount proportionate to such recipient's 
eligibility under the next applicable formula allocation cycle:  
Provided, That all offsets and reallocations from such available 
balances shall be recorded against funds available for the next 
applicable formula allocation cycle:  Provided further, That the term 
``next applicable formula allocation cycle'' means the first formula 
allocation cycle for a program that is reasonably available for 
correction following such a Secretarial determination:  Provided 
further, That if, upon request by a recipient and giving consideration 
to all Federal resources available to the recipient for the same grant 
purposes, the Secretary determines that the offset in the next 
applicable formula allocation cycle would critically impair the 
recipient's ability to accomplish the purpose of the formula grant, the 
Secretary may adjust for the funding error across two or more formula 
allocation cycles.
    Sec. 237.  Section 239 of the Department of Housing and Urban 
Development Appropriations Act, 2016 (Public Law 114-113; 129 Stat. 
2897) is amended by striking ``7-year period'' and inserting ``8-year 
period'' in the fifth sentence.
    Sec. 238.  The Secretary may transfer from amounts made available 
for salaries and expenses under this title (excluding amounts made 
available under the heading ``Office of Inspector General'') up to 
$500,000 from each office to the heading ``Information Technology 
Fund'' for information technology needs of such transferring office, to 
remain available until September 30, 2025:  Provided, That this 
transfer authority shall not be used to fund information technology 
projects or activities that have known out-year development, 
modernization, or enhancement costs in excess of $500,000:  Provided 
further, That the Secretary shall provide notification to the House and 
Senate Committees on Appropriations no less than three business days in 
advance of any such transfer.
    Sec. 239.  Funds previously made available in the Consolidated 
Appropriations Act, 2019 (Public Law 116-6) for ``Lead Hazard 
Reduction'' that were available for obligation through fiscal year 2020 
are to remain available through fiscal year 2027 for the liquidation of 
valid obligations incurred in fiscal years 2019 through 2020.
    Sec. 240.  The Multifamily Assisted Housing Reform and 
Affordability Act of 1997 (42 U.S.C. 1437f note) is amended--
     (a) in section 515, by adding at the end the following new 
subsection:
    ``(d) Rent Adjustments and Subsequent Renewals.--After the initial 
renewal of a section 8 contract pursuant to this section and 
notwithstanding any other provision of law or contract regarding the 
adjustment of rents or subsequent renewal of such contract for a 
project, including such a provision in section 514 or this section, in 
the case of a project subject to any restrictions imposed pursuant to 
sections 514 or this section, the Secretary may, not more often than 
once every 10 years, adjust such rents or renew such contracts at rent 
levels that are equal to the lesser of budget-based rents or comparable 
market rents for the market area upon the request of an owner or 
purchaser who--
            ``(1) demonstrates that--
                    ``(A) project income is insufficient to operate and 
                maintain the project, as determined by the Secretary; 
                or
                    ``(B) the rent adjustment or renewal contract is 
                necessary to support commercially reasonable financing 
                (including any required debt service coverage and 
                replacement reserve) for rehabilitation necessary to 
                ensure the long-term sustainability of the project, as 
                determined by the Secretary; and
            ``(2) agrees to--
                    ``(A) extend the affordability and use restrictions 
                required under 514(e)(6) for an additional twenty 
                years; and
                    ``(B) enter into a binding commitment to continue 
                to renew such contract for and during such extended 
                term, provided that after the affordability and use 
                restrictions required under 514(e)(6) have been 
                maintained for a term of 30 years:
                            ``(i) an owner with a contract for which 
                        rent levels were set at the time of its initial 
                        renewal under section 514(g)(2) shall request 
                        that the Secretary renew such contract under 
                        section 524 for and during such extended term; 
                        and
                            ``(ii) an owner with a contract for which 
                        rent levels were set at the time of its initial 
                        renewal under section 514(g)(1) may request 
                        that the Secretary renew such contract under 
                        section 524.''; and
    (b) in section 579, by striking ``October 1, 2022'' each place it 
appears and inserting in lieu thereof ``October 1, 2027''.
    Sec. 241. (a) With respect to the funds made available for the 
Continuum of Care program authorized under subtitle C of title IV of 
the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11381 et seq.) 
under the heading ``Homeless Assistance Grants'' in the Department of 
Housing and Urban Development Appropriations Act, 2021 (Public Law 116-
260), under section 231 of the Department of Housing and Urban 
Development Appropriations Act, 2020 (42 U.S.C. 11364a), or in this 
title, Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et 
seq.) and Title VIII of the Civil Rights Act of 1968 (42 U.S.C. 3601 et 
seq.) shall not apply to applications by or awards for projects to be 
carried out--
            (1) on or off reservation or trust lands for awards made to 
        Indian tribes or tribally designated housing entities; or
            (2) on reservation or trust lands for awards made to 
        eligible entities as defined in section 401 of the McKinney-
        Vento Homeless-Assistance Act (42 U.S.C. 11360).
    (b) With respect to funds made available for the Continuum of Care 
program authorized under subtitle C of title IV of the McKinney-Vento 
Homeless Assistance Act (42 U.S.C. 11381 et seq.) under the heading 
``Homeless Assistance Grants'' in this title or under section 231 of 
the Department of Housing and Urban Development Appropriations Act, 
2020 (42 U.S.C. 11364a)--
            (1) applications for projects to be carried out on 
        reservations or trust land shall contain a certification of 
        consistency with an approved Indian housing plan developed 
        under section 102 of the Native American Housing Assistance and 
        Self-Determination Act (NAHASDA) (25 U.S.C. 4112), 
        notwithstanding section 106 of the Cranston-Gonzalez National 
        Affordable Housing Act (42 U.S.C. 12706) and section 403 of the 
        McKinney-Vento Homeless Assistance Act (42 U.S.C. 11361);
            (2) Indian tribes and tribally designated housing entities 
        that are recipients of awards for projects on reservations or 
        trust land shall certify that they are following an approved 
        housing plan developed under section 102 of NAHASDA (25 U.S.C. 
        4112); and
            (3) a collaborative applicant for a Continuum of Care whose 
        geographic area includes only reservation and trust land is not 
        required to meet the requirement in section 402(f)(2) of the 
        McKinney- Vento Homeless Assistance Act (42 U.S.C. 
        11360a(f)(2)).
    Sec. 242. (a) Section 184(a) of the Housing and Community 
Development Act of 1992 (12 U.S.C. 1715z-13a(a)) is amended to read as 
follows:
    ``(a) Authority.--To provide access to sources of private financing 
to Indian families, Indian housing authorities, and Indian tribes, who 
otherwise could not acquire housing financing because of the unique 
legal status of Indian lands and the unique nature of tribal economies; 
and to expand homeownership opportunities to Indian families, Indian 
housing authorities and Indian tribes on fee simple lands, the 
Secretary may guarantee not to exceed 100 percent of the unpaid 
principal and interest due on any loan eligible under subsection (b) 
made to an Indian family, Indian housing authority, or Indian tribe on 
trust land and fee simple land.''.
    (b) Section 184(b)(2) of the Housing and Community Development Act 
of 1992 (12 U.S.C. 1715z-13a(b)(2)) is amended to read as follows:
            ``(2) Eligible housing.--The loan shall be used to 
        construct, acquire, refinance, or rehabilitate 1- to 4-family 
        dwellings that are standard housing.''.
    (c) Section 184A of the Housing and Community Development Act of 
1992 (12 U.S.C. 1715z-13b) is amended--
            (1) in subsection (b), by inserting ``, and to expand 
        homeownership opportunities to Native Hawaiian families who are 
        eligible to receive a homestead under the Hawaiian Homes 
        Commission Act, 1920 (42 Stat. 108) on fee simple lands in the 
        State of Hawaii'' after ``markets''; and
            (2) in subsection (c), by striking paragraph (2) and 
        inserting the following:
            ``(2) Eligible housing.--The loan shall be used to 
        construct, acquire, refinance, or rehabilitate 1- to 4-family 
        dwellings that are standard housing.''.
    Sec. 243. (a) Section 184(b)(5)(A) of the Housing and Community 
Development Act of 1992 (12 U.S.C. 1715z-13a(b)(5)(A)) is amended to 
read as follows:
            ``(5) Terms.--The loan shall--
                    ``(A) be made for a term not exceeding 30 years, 
                except as determined by the Secretary, when there is a 
                loan modification under subsection (h)(1)(B), the loan 
                shall not exceed 40 years;''.
    (b) Section 184A(c)(5)(A) of the Housing and Community Development 
Act of 1992 (12 U.S.C. 1715z-13b(c)(5)(A)) is amended to read as 
follows:
            ``(5) Terms.--The loan shall--
                    ``(A) be made for a term not exceeding 30 years; 
                except, as determined by the Secretary, when there is a 
                loan modification under subsection (i)(1)(B) the term 
                of the loan shall not exceed 40 years;''.
    Sec. 244.  Section 105 of the Housing and Community Development Act 
of 1974 (42 U.S.C. 5305) is amended by adding at the end the following 
new subsection:
    ``(j) Special Activities by Indian Tribes.--Indian tribes receiving 
grants under section 5306(a)(1) of this title (section 106(a)(1) of 
this Act) shall be authorized to carry out activities described in 
subsection (a)(15) directly.''.
    Sec. 245.  Of the amounts made available under the heading 
``Project-Based Rental Assistance'' in prior Acts, up to $1,300,000 may 
be transferred to Treasury Account 86-X-0148 for the liquidation of 
obligations incurred in fiscal year 2018 in connection with the 
continued provision of interest reduction payments authorized under 
section 236 of the National Housing Act (12 U.S.C. 1715z-1).
    Sec. 246.  Except as otherwise provided in this Act, none of the 
funds provided in this title, provided by previous appropriations Acts 
to the Department of Housing and Urban Development that remain 
available for obligation or expenditure in fiscal year 2023, or 
provided from any accounts in the Treasury derived by the collection of 
fees and available to the Department of Housing and Urban Development, 
shall be available for obligation or expenditure through a 
reprogramming of funds that--
            (1) For Program and Information Technology funds--
                    (A) initiates or creates a new program, project, or 
                activity;
                    (B) eliminates a program, project, or activity;
                    (C) increases funds for any program, project, or 
                activity for which funds have been denied or restricted 
                by the Congress;
                    (D) proposes to use funds directed for a specific 
                activity by either the House or Senate Committees on 
                Appropriations for a different purpose;
                    (E) augments existing programs, projects, or 
                activities in excess of $5,000,000 or 10 percent, 
                whichever is less; or
                    (F) reduces existing programs, projects, or 
                activities by $5,000,000 or 10 percent whichever is 
                less;
            (2) For Salaries and Expenses funds--
                    (A) assigns personnel or hires to support the 
                creation of a new program, project, or activity not 
                previously included in the President's budget;
                    (B) increases the personnel or other resources for 
                any program, project, or activity for which funds have 
                been denied or restricted by the Congress;
                    (C) relocates or closes an office; or
                    (D) creates, reorganizes or restructures an office, 
                division, branch, board or administration, which shall 
                include the transfer of any function from one 
                organizational unit to another organizational unit;
unless prior written notification is provided to, and approval is 
received from the House and Senate Committees on Appropriations.
    Sec. 247.  Not later than 60 days after the date of enactment of 
this Act, the Department of Housing and Urban Development shall submit 
a report to the Committees on Appropriations of the Senate and of the 
House of Representatives to establish the baseline for application of 
reprogramming and transfer authorities for the current fiscal year:  
Provided, That the report shall include--
            (1) a table for each appropriation with a separate column 
        to display the prior year enacted level, the President's budget 
        request, adjustments made by Congress, adjustments due to 
        enacted rescissions, if appropriate, and the fiscal year 
        enacted level;
            (2) for program and information technology funds, a 
        delineation in the table for each appropriation and its 
        respective prior year enacted level by program, project, and 
        activity as detailed in this Act, the explanatory statement 
        accompanying this Act, accompanying reports of the House and 
        Senate Committees on Appropriations, or the budget appendix for 
        the respective appropriation, whichever is more detailed, and 
        shall apply to all items for which a dollar amount is specified 
        and to all new programs for which new budget authority is 
        provided;
            (3) for salaries and expenses funds, an organizational 
        chart for each office that includes detail to the branch level, 
        and clearly identifies those ``organizational units'' to which 
        paragraph (2) shall be applied; and
            (4) an identification of items of special congressional 
        interest.
    Sec. 248.  The Secretary shall comply with all process 
requirements, including public notice and comment, when seeking to 
revise any annual contributions contract.
    Sec. 249.  None of the funds appropriated or otherwise made 
available in this or prior Acts may be used by the Department to carry 
out customer experience activities within the Office of the Assistant 
Chief Financial Officer for Budget.
    Sec. 250.  For an additional amount for ``Long-Term Disaster 
Recovery Fund'', $1,447,000,000, to remain available until expended, 
for grants for the Community Development Block Grant Disaster Recovery 
Program under section 123 of the Housing and Community Development Act 
of 1974, as added by section 506 of title V of this Act, to respond to 
current or future major disasters declared under section 401 of the 
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5179):  Provided, That such amount 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 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.
    This title may be cited as the ``Department of Housing and Urban 
Development Appropriations Act, 2023''.

                               TITLE III

                            RELATED AGENCIES

                              Access Board

                         salaries and expenses

    For expenses necessary for the Access Board, as authorized by 
section 502 of the Rehabilitation Act of 1973 (29 U.S.C. 792), 
$9,850,000:  Provided, That, notwithstanding any other provision of 
law, there may be credited to this appropriation funds received for 
publications and training expenses.

                      Federal Maritime Commission

                         salaries and expenses

    For necessary expenses of the Federal Maritime Commission as 
authorized by section 201(d) of the Merchant Marine Act, 1936, as 
amended (46 U.S.C. 46107), including services as authorized by section 
3109 of title 5, United States Code; hire of passenger motor vehicles 
as authorized by section 1343(b) of title 31, United States Code; and 
uniforms or allowances therefore, as authorized by sections 5901 and 
5902 of title 5, United States Code, $38,260,000, of which $2,000,000 
shall remain available until September 30, 2024:  Provided, That not to 
exceed $3,500 shall be for official reception and representation 
expenses.

                National Railroad Passenger Corporation

                      Office of Inspector General

                         salaries and expenses

    For necessary expenses of the Office of Inspector General for the 
National Railroad Passenger Corporation to carry out the provisions of 
the Inspector General Act of 1978 (5 U.S.C. App. 3), $27,720,000:  
Provided, That the Inspector General shall have all necessary 
authority, in carrying out the duties specified in such Act, to 
investigate allegations of fraud, including false statements to the 
Government under section 1001 of title 18, United States Code, by any 
person or entity that is subject to regulation by the National Railroad 
Passenger Corporation:  Provided further, That the Inspector General 
may enter into contracts and other arrangements for audits, studies, 
analyses, and other services with public agencies and with private 
persons, subject to the applicable laws and regulations that govern the 
obtaining of such services within the National Railroad Passenger 
Corporation:  Provided further, That the Inspector General may select, 
appoint, and employ such officers and employees as may be necessary for 
carrying out the functions, powers, and duties of the Office of 
Inspector General, subject to the applicable laws and regulations that 
govern such selections, appointments, and employment within the 
National Railroad Passenger Corporation:  Provided further, That 
concurrent with the President's budget request for fiscal year 2024, 
the Inspector General shall submit to the House and Senate Committees 
on Appropriations a budget request for fiscal year 2024 in similar 
format and substance to budget requests submitted by executive agencies 
of the Federal Government.

                  National Transportation Safety Board

                         salaries and expenses

    For necessary expenses of the National Transportation Safety Board, 
including hire of passenger motor vehicles and aircraft; services as 
authorized by section 3109 of title 5, United States Code, but at rates 
for individuals not to exceed the per diem rate equivalent to the rate 
for a GS-15; uniforms, or allowances therefor, as authorized by 
sections 5901 and 5902 of title 5, United States Code, $129,300,000, of 
which not to exceed $2,000 may be used for official reception and 
representation expenses:  Provided, That the amounts made available to 
the National Transportation Safety Board in this Act include amounts 
necessary to make lease payments on an obligation incurred in fiscal 
year 2001 for a capital lease.

                 Neighborhood Reinvestment Corporation

          payment to the neighborhood reinvestment corporation

    For payment to the Neighborhood Reinvestment Corporation for use in 
neighborhood reinvestment activities, as authorized by the Neighborhood 
Reinvestment Corporation Act (42 U.S.C. 8101-8107), $166,000,000:  
Provided, That an additional $4,000,000, to remain available until 
September 30, 2026, shall be for the promotion and development of 
shared equity housing models.

                      Surface Transportation Board

                         salaries and expenses

    For necessary expenses of the Surface Transportation Board, 
including services authorized by section 3109 of title 5, United States 
Code, $41,429,000:  Provided, That, notwithstanding any other provision 
of law, not to exceed $1,250,000 from fees established by the Surface 
Transportation Board shall be credited to this appropriation as 
offsetting collections and used for necessary and authorized expenses 
under this heading:  Provided further, That the amounts made available 
under this heading from the general fund shall be reduced on a dollar-
for-dollar basis as such offsetting collections are received during 
fiscal year 2023, to result in a final appropriation from the general 
fund estimated at not more than $40,179,000.

           United States Interagency Council on Homelessness

                           operating expenses

    For necessary expenses, including payment of salaries, authorized 
travel, hire of passenger motor vehicles, the rental of conference 
rooms, and the employment of experts and consultants under section 3109 
of title 5, United States Code, of the United States Interagency 
Council on Homelessness in carrying out the functions pursuant to title 
II of the McKinney-Vento Homeless Assistance Act, as amended, 
$4,000,000.

                                TITLE IV

                      GENERAL PROVISIONS--THIS ACT

    Sec. 401.  None of the funds in this Act shall be used for the 
planning or execution of any program to pay the expenses of, or 
otherwise compensate, non-Federal parties intervening in regulatory or 
adjudicatory proceedings funded in this Act.
    Sec. 402.  None of the funds appropriated in this Act shall remain 
available for obligation beyond the current fiscal year, nor may any be 
transferred to other appropriations, unless expressly so provided 
herein.
    Sec. 403.  The expenditure of any appropriation under this Act for 
any consulting service through a procurement contract pursuant to 
section 3109 of title 5, United States Code, shall be limited to those 
contracts where such expenditures are a matter of public record and 
available for public inspection, except where otherwise provided under 
existing law, or under existing Executive order issued pursuant to 
existing law.
    Sec. 404. (a) None of the funds made available in this Act may be 
obligated or expended for any employee training that--
            (1) does not meet identified needs for knowledge, skills, 
        and abilities bearing directly upon the performance of official 
        duties;
            (2) contains elements likely to induce high levels of 
        emotional response or psychological stress in some 
        participants;
            (3) does not require prior employee notification of the 
        content and methods to be used in the training and written end 
        of course evaluation;
            (4) contains any methods or content associated with 
        religious or quasi-religious belief systems or ``new age'' 
        belief systems as defined in Equal Employment Opportunity 
        Commission Notice N-915.022, dated September 2, 1988; or
            (5) is offensive to, or designed to change, participants' 
        personal values or lifestyle outside the workplace.
    (b) Nothing in this section shall prohibit, restrict, or otherwise 
preclude an agency from conducting training bearing directly upon the 
performance of official duties.
    Sec. 405.  Except as otherwise provided in this Act, none of the 
funds provided in titles I or III of this Act, provided by previous 
appropriations Acts to the agencies or entities in titles I or III of 
this Act that remain available for obligation or expenditure in fiscal 
year 2023, or provided from any accounts in the Treasury derived by the 
collection of fees and available to the agencies funded by titles I or 
III of this Act, shall be available for obligation or expenditure 
through a reprogramming of funds that--
            (1) creates a new program;
            (2) eliminates a program, project, or activity;
            (3) increases funds or personnel for any program, project, 
        or activity for which funds have been denied or restricted by 
        the Congress;
            (4) proposes to use funds directed for a specific activity 
        by either the House or Senate Committees on Appropriations for 
        a different purpose;
            (5) augments existing programs, projects, or activities in 
        excess of $5,000,000 or 10 percent, whichever is less;
            (6) reduces existing programs, projects, or activities by 
        $5,000,000 or 10 percent, whichever is less; or
            (7) creates, reorganizes, or restructures a branch, 
        division, office, bureau, board, commission, agency, 
        administration, or department different from the budget 
        justifications submitted to the Committees on Appropriations or 
        the table accompanying the explanatory statement accompanying 
        this Act, whichever is more detailed;
unless prior approval is received from the House and Senate Committees 
on Appropriations:  Provided, That not later than 60 days after the 
date of enactment of this Act, agencies funded by title I or III of 
this Act shall submit a report to the Committees on Appropriations of 
the Senate and of the House of Representatives to establish the 
baseline for application of reprogramming and transfer authorities for 
the current fiscal year:  Provided further, That the report shall 
include--
            (A) a table for each appropriation with a separate column 
        to display the prior year enacted level, the President's budget 
        request, adjustments made by Congress, adjustments due to 
        enacted rescissions, if appropriate, and the fiscal year 
        enacted level;
            (B) a delineation in the table for each appropriation and 
        its respective prior year enacted level by object class and 
        program, project, and activity as detailed in this Act, the 
        table accompanying the explanatory statement accompanying this 
        Act, accompanying reports of the House and Senate Committee on 
        Appropriations, or in the budget appendix for the respective 
        appropriations, whichever is more detailed, and shall apply to 
        all items for which a dollar amount is specified and to all 
        programs for which new budget (obligational) authority is 
        provided, as well as to discretionary grants and discretionary 
        grant allocations; and
            (C) an identification of items of special congressional 
        interest.
    Sec. 406.  Except as otherwise specifically provided by law, not to 
exceed 50 percent of unobligated balances remaining available at the 
end of fiscal year 2023 from appropriations made available for salaries 
and expenses for fiscal year 2023 in this Act, shall remain available 
through September 30, 2024, for each such account for the purposes 
authorized:  Provided, That a request shall be submitted to the House 
and Senate Committees on Appropriations for approval prior to the 
expenditure of such funds:  Provided further, That these requests shall 
be made in compliance with reprogramming guidelines under sections 246 
and 405 of this Act.
    Sec. 407.  No funds in this Act may be used to support any Federal, 
State, or local projects that seek to use the power of eminent domain, 
unless eminent domain is employed only for a public use:  Provided, 
That for purposes of this section, public use shall not be construed to 
include economic development that primarily benefits private entities:  
Provided further, That any use of funds for mass transit, railroad, 
airport, seaport or highway projects, as well as utility projects which 
benefit or serve the general public (including energy-related, 
communication-related, water-related and wastewater-related 
infrastructure), other structures designated for use by the general 
public or which have other common-carrier or public-utility functions 
that serve the general public and are subject to regulation and 
oversight by the government, and projects for the removal of an 
immediate threat to public health and safety or brownfields as defined 
in the Small Business Liability Relief and Brownfields Revitalization 
Act (Public Law 107-118) shall be considered a public use for purposes 
of eminent domain.
    Sec. 408.  None of the funds made available in this Act may be 
transferred to any department, agency, or instrumentality of the United 
States Government, except pursuant to a transfer made by, or transfer 
authority provided in, this Act or any other appropriations Act.
    Sec. 409.  No funds appropriated pursuant to this Act may be 
expended by an entity unless the entity agrees that in expending the 
assistance the entity will comply with sections 2 through 4 of the Act 
of March 3, 1933 (41 U.S.C. 8301-8305, popularly known as the ``Buy 
American Act'').
    Sec. 410.  No funds appropriated or otherwise made available under 
this Act shall be made available to any person or entity that has been 
convicted of violating the Buy American Act (41 U.S.C. 8301-8305).
    Sec. 411.  None of the funds made available in this Act may be used 
for first-class airline accommodations in contravention of sections 
301-10.122 and 301-10.123 of title 41, Code of Federal Regulations.
    Sec. 412.  None of the funds made available in this Act may be used 
to send or otherwise pay for the attendance of more than 50 employees 
of a single agency or department of the United States Government, who 
are stationed in the United States, at any single international 
conference unless the relevant Secretary reports to the House and 
Senate Committees on Appropriations at least 5 days in advance that 
such attendance is important to the national interest:  Provided, That 
for purposes of this section the term ``international conference'' 
shall mean a conference occurring outside of the United States attended 
by representatives of the United States Government and of foreign 
governments, international organizations, or nongovernmental 
organizations.
    Sec. 413.  None of the funds appropriated or otherwise made 
available under this Act may be used by the Surface Transportation 
Board to charge or collect any filing fee for rate or practice 
complaints filed with the Board in an amount in excess of the amount 
authorized for district court civil suit filing fees under section 1914 
of title 28, United States Code.
    Sec. 414. (a) None of the funds made available in this Act may be 
used to maintain or establish a computer network unless such network 
blocks the viewing, downloading, and exchanging of pornography.
    (b) Nothing in subsection (a) shall limit the use of funds 
necessary for any Federal, State, tribal, or local law enforcement 
agency or any other entity carrying out criminal investigations, 
prosecution, or adjudication activities.
    Sec. 415. (a) None of the funds made available in this Act may be 
used to deny an Inspector General funded under this Act timely access 
to any records, documents, or other materials available to the 
department or agency over which that Inspector General has 
responsibilities under the Inspector General Act of 1978 (5 U.S.C. 
App.), or to prevent or impede that Inspector General's access to such 
records, documents, or other materials, under any provision of law, 
except a provision of law that expressly refers to the Inspector 
General and expressly limits the Inspector General's right of access.
    (b) A department or agency covered by this section shall provide 
its Inspector General with access to all such records, documents, and 
other materials in a timely manner.
    (c) Each Inspector General shall ensure compliance with statutory 
limitations on disclosure relevant to the information provided by the 
establishment over which that Inspector General has responsibilities 
under the Inspector General Act of 1978 (5 U.S.C. App.).
    (d) Each Inspector General covered by this section shall report to 
the Committees on Appropriations of the House of Representatives and 
the Senate within 5 calendar days any failures to comply with this 
requirement.
    Sec. 416.  None of the funds appropriated or otherwise made 
available by this Act may be used to pay award or incentive fees for 
contractors whose performance has been judged to be below satisfactory, 
behind schedule, over budget, or has failed to meet the basic 
requirements of a contract, unless the Agency determines that any such 
deviations are due to unforeseeable events, government-driven scope 
changes, or are not significant within the overall scope of the project 
and/or program unless such awards or incentive fees are consistent with 
16.401(e)(2) of the Federal Acquisition Regulations.
    Sec. 417.  None of the funds made available by this Act to the 
Department of Transportation may be used in contravention of section 
306108 of title 54, United States Code.
    Sec. 418.  No part of any appropriation contained in this Act shall 
be available to pay the salary for any person filling a position, other 
than a temporary position, formerly held by an employee who has left to 
enter the Armed Forces of the United States and has satisfactorily 
completed his or her period of active military or naval service, and 
has within 90 days after his or her release from such service or from 
hospitalization continuing after discharge for a period of not more 
than 1 year, made application for restoration to his or her former 
position and has been certified by the Office of Personnel Management 
as still qualified to perform the duties of his or her former position 
and has not been restored thereto.
    Sec. 419. (a) None of the funds made available by this Act may be 
used to approve a new foreign air carrier permit under sections 41301 
through 41305 of title 49, United States Code, or exemption application 
under section 40109 of that title of an air carrier already holding an 
air operators certificate issued by a country that is party to the 
U.S.-E.U.-Iceland-Norway Air Transport Agreement where such approval 
would contravene United States law or Article 17 bis of the U.S.-E.U.-
Iceland-Norway Air Transport Agreement.
    (b) Nothing in this section shall prohibit, restrict or otherwise 
preclude the Secretary of Transportation from granting a foreign air 
carrier permit or an exemption to such an air carrier where such 
authorization is consistent with the U.S.-E.U.-Iceland-Norway Air 
Transport Agreement and United States law.

                                TITLE V

                    REFORMING DISASTER RECOVERY ACT

                              short title

    Sec. 501.  This title may be cited as the ``Reforming Disaster 
Recovery Act''.

                                findings

    Sec. 502.  Congress finds that--
            (1) following a major disaster declared by the President 
        under section 401 of the Robert T. Stafford Disaster Relief and 
        Emergency Assistance Act (42 U.S.C. 5170), the subset of 
        communities that are most impacted and distressed as a result 
        of the disaster face critical social, economic, and 
        environmental obstacles to recovery, including insufficient 
        public and private resources to address disaster-related 
        housing and community development needs for lower income 
        households and distressed communities;
            (2) unmet disaster recovery needs, including housing 
        assistance needs, can be especially widespread among persons 
        with extremely low, low, and moderate incomes;
            (3) economic, social, and housing hardships that affect 
        communities before disasters are exacerbated during crises and 
        can delay and complicate long-term recovery, especially after 
        catastrophic major disasters;
            (4) States, units of local government, and Indian Tribes 
        within the most impacted and distressed areas resulting from 
        major disasters benefit from flexibility to design programs 
        that meet local needs, but face inadequate financial, 
        technical, and staffing capacity to plan and carry out 
        sustained recovery, restoration, and mitigation activities;
            (5) the speed and effectiveness considerations of long-term 
        recovery from catastrophic major disasters is improved by 
        predictable investments that support disaster relief, long-term 
        recovery, restoration of housing and infrastructure, and 
        economic revitalization, primarily for the benefit of low- and 
        moderate-income persons;
            (6) undertaking activities that mitigate the effects of 
        future natural disasters and extreme weather and increase the 
        stock of affordable housing, including affordable rental 
        housing, as part of long-term recovery can significantly reduce 
        future fiscal and social costs, especially within high-risk 
        areas, and can help to address outstanding housing and 
        community development needs by creating jobs and providing 
        other economic and social benefits within communities that 
        further promote recovery and resilience; and
            (7) the general welfare and security of the nation and the 
        health and living standards of its people require targeted 
        resources to support State and local governments in carrying 
        out their responsibilities in disaster recovery and mitigation 
        through interim and long-term housing and community development 
        activities that primarily benefit persons of low and moderate 
        income.

                              definitions

    Sec. 503.  In this Act:
            (1) Department.--The term ``Department'' means the 
        Department of Housing and Urban Development.
            (2) Fund.--The term ``Fund'' means the Long-Term Disaster 
        Recovery Fund established under section 505.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of Housing and Urban Development.

       duties of the department of housing and urban development

    Sec. 504. (a) In General.--The offices and officers of the 
Department shall be responsible for--
            (1) leading and coordinating the disaster-related 
        responsibilities of the Department under the National Response 
        Framework, the National Disaster Recovery Framework, and the 
        National Mitigation Framework;
            (2) coordinating and administering programs, policies, and 
        activities of the Department related to disaster relief, long-
        term recovery, resiliency, and mitigation, including disaster 
        recovery assistance under title I of the Housing and Community 
        Development Act of 1974 (42 U.S.C. 5301 et seq.);
            (3) supporting disaster-impacted communities as those 
        communities specifically assess, plan for, and address the 
        housing stock and housing needs in the transition from 
        emergency shelters and interim housing to permanent housing of 
        those displaced, especially among vulnerable populations and 
        extremely low-, low-, and moderate-income households;
            (4) collaborating with the Federal Emergency Management 
        Agency, the Small Business Administration, and across the 
        Department to align disaster-related regulations and policies, 
        including incorporation of consensus-based codes and standards 
        and insurance purchase requirements, and ensuring coordination 
        and reducing duplication among other Federal disaster recovery 
        programs;
            (5) promoting best practices in mitigation and land use 
        planning, including consideration of traditional, natural, and 
        nature-based infrastructure alternatives;
            (6) coordinating technical assistance, including 
        mitigation, resiliency, and recovery training and information 
        on all relevant legal and regulatory requirements, to entities 
        that receive disaster recovery assistance under title I of the 
        Housing and Community Development Act of 1974 (42 U.S.C. 5301 
        et seq.) that demonstrate capacity constraints; and
            (7) supporting State, Tribal, and local governments in 
        developing, coordinating, and maintaining their capacity for 
        disaster resilience and recovery, and developing pre-disaster 
        recovery and hazard mitigation plans, in coordination with the 
        Federal Emergency Management Agency and other Federal agencies.
    (b) Establishment of the Office of Disaster Management and 
Resiliency.--Section 4 of the Department of Housing and Urban 
Development Act (42 U.S.C. 3533) is amended by adding at the end the 
following:
    ``(i) Office of Disaster Management and Resiliency.--
            ``(1) Establishment.--There is established, in the Office 
        of the Secretary, the Office of Disaster Management and 
        Resiliency.
            ``(2) Duties.--The Office of Disaster Management and 
        Resiliency shall--
                    ``(A) be responsible for oversight and coordination 
                of all departmental disaster preparedness and response 
                responsibilities; and
                    ``(B) coordinate with the Federal Emergency 
                Management Agency, the Small Business Administration, 
                and the Office of Community Planning and Development 
                and other offices of the Department in supporting 
                recovery and resilience activities to provide a 
                comprehensive approach in working with communities.''.

                    long-term disaster recovery fund

    Sec. 505. (a) Establishment.--There is established in the Treasury 
of the United States an account to be known as the Long-Term Disaster 
Recovery Fund.
    (b) Deposits, Transfers, and Credit.--
            (1) In general.--The Fund shall consist of amounts 
        appropriated, transferred, and credited to the Fund.
            (2) Transfers.--The following may be transferred to the 
        Fund:
                    (A) Amounts made available through section 
                106(c)(4) of the Housing and Community Development Act 
                of 1974 (42 U.S.C. 5306(c)(4)) as a result of actions 
                taken under section 104(e), 111, or 123(j) of such Act.
                    (B) Any unobligated balances available until 
                expended remaining or subsequently recaptured from 
                amounts appropriated for any disaster and related 
                purposes under the heading ``Community Development 
                Fund'' in any Act prior to the establishment of the 
                Fund.
            (3) Use of transferred amounts.--Amounts transferred to the 
        Fund shall be used for the eligible uses described in 
        subsection (c).
    (c) Eligible Uses of Fund.--
            (1) In general.--Amounts in the Fund shall be available--
                    (A) to provide assistance in the form of grants 
                under section 123 of the Housing and Community 
                Development Act of 1974, as added by section 506; and
                    (B) for activities of the Department that support 
                the provision of such assistance, including necessary 
                salaries and expenses, information technology, capacity 
                building and technical assistance (including assistance 
                related to pre-disaster planning), and readiness and 
                other pre-disaster planning activities that are not 
                readily attributable to a single major disaster.
            (2) Set aside.--Of each amount appropriated for or 
        transferred to the Fund, 2 percent shall be made available for 
        activities described in paragraph (1)(B), which shall be in 
        addition to other amounts made available for those activities.
            (3) Transfer of funds.--Amounts made available for use in 
        accordance with paragraph (2)--
                    (A) may be transferred to the account under the 
                heading for ``Program Offices--Community Planning and 
                Development'', or any successor account, for the 
                Department to carry out activities described in 
                paragraph (1)(B); and
                    (B) may be used for the activities described in 
                paragraph (1)(B) and for the administrative costs of 
                administering any funds appropriated to the Department 
                under the heading ``Community Planning and 
                Development--Community Development Fund'' for any major 
                disaster declared under section 401 of the Robert T. 
                Stafford Disaster Relief and Emergency Assistance Act 
                (42 U.S.C. 5170) in any Act before the establishment of 
                the Fund.
    (d) Interchangeability of Prior Administrative Amounts.--Any 
amounts appropriated in any Act prior to the establishment of the Fund 
and transferred to the account under the heading ``Program Offices 
Salaries and Expenses--Community Planning and Development'', or any 
predecessor account, for the Department for the costs of administering 
funds appropriated to the Department under the heading ``Community 
Planning and Development--Community Development Fund'' for any major 
disaster declared under section 401 of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5170) shall be available 
for the costs of administering any such funds provided by any prior or 
future Act, notwithstanding the purposes for which those amounts were 
appropriated and in addition to any amount provided for the same 
purposes in other appropriations Acts.
    (e) Availability of Amounts.--Amounts appropriated, transferred and 
credited to the Fund shall remain available until expended.
    (f) Formula Allocation.--Use of amounts in the Fund for grants 
shall be made by formula allocation in accordance with the requirements 
of section 123(a) of the Housing and Community Development Act of 1974, 
as added by section 506.
    (g) Authorization of Appropriations.--There are authorized to be 
appropriated to the Fund such sums as may be necessary to respond to 
current or future major disasters declared under section 401 of the 
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5179) for grants under section 123 of the Housing and Community 
Development Act of 1974, as added by section 506.

            establishment of cdbg disaster recovery program

    Sec. 506.  Title I of the Housing and Community Development Act of 
1974 (42 U.S.C. 5301 et seq.) is amended--
            (1) in section 102(a) (42 U.S.C. 5302(a))--
                    (A) in paragraph (20)--
                            (i) by redesignating subparagraph (B) as 
                        subparagraph (C);
                            (ii) in subparagraph (C), as so 
                        redesignated, by inserting ``or (B)'' after 
                        ``subparagraph (A)''; and
                            (iii) by inserting after subparagraph (A) 
                        the following:
                    ``(B) The term `persons of extremely low income' 
                means families and individuals whose income levels do 
                not exceed household income levels determined by the 
                Secretary under section 3(b)(2) of the United States 
                Housing Act of 1937 (42 U.S.C. 1437a(b)(2)(C)), except 
                that the Secretary may provide alternative definitions 
                for the Commonwealth of Puerto Rico, Guam, the 
                Commonwealth of the Northern Mariana Islands, the 
                United States Virgin Islands, and American Samoa.''; 
                and
                    (B) by adding at the end the following:
            ``(25) The term `major disaster' has the meaning given the 
        term in section 102 of the Robert T. Stafford Disaster Relief 
        and Emergency Assistance Act (42 U.S.C. 5122).'';
            (2) in section 106(c)(4) (42 U.S.C. 5306(c)(4))--
                    (A) in subparagraph (A)--
                            (i) by striking ``declared by the President 
                        under the Robert T. Stafford Disaster Relief 
                        and Emergency Assistance Act'';
                            (ii) inserting ``States for use in 
                        nonentitlement areas and to'' before 
                        ``metropolitan cities''; and
                            (iii) inserting ``major'' after ``affected 
                        by the'';
                    (B) in subparagraph (C)--
                            (i) by striking ``metropolitan city or'' 
                        and inserting ``State, metropolitan city, or'';
                            (ii) by striking ``city or county'' and 
                        inserting ``State, city, or county''; and
                            (iii) by inserting ``major'' before 
                        ``disaster'';
                    (C) in subparagraph (D), by striking ``metropolitan 
                cities and'' and inserting ``States, metropolitan 
                cities, and'';
                    (D) in subparagraph (F)--
                            (i) by striking ``metropolitan city or'' 
                        and inserting ``State, metropolitan city, or''; 
                        and
                            (ii) by inserting ``major'' before 
                        ``disaster''; and
                    (E) in subparagraph (G), by striking ``metropolitan 
                city or'' and inserting ``State, metropolitan city, 
                or''; and
            (3) in section 122 (42 U.S.C. 5321), by striking ``disaster 
        under title IV of the Robert T. Stafford Disaster Relief and 
        Emergency Assistance Act'' and inserting ``major disaster''; 
        and
            (4) by adding at the end the following:

``SEC. 123. COMMUNITY DEVELOPMENT BLOCK GRANT DISASTER RECOVERY 
              PROGRAM.

    ``(a) Authorization, Formula, and Allocation.--
            ``(1) Authorization.--The Secretary is authorized to make 
        community development block grant disaster recovery grants from 
        the Long-Term Disaster Recovery Fund established under section 
        505 of the Reforming Disaster Recovery Act (hereinafter 
        referred to as the `Fund') for necessary expenses for 
        activities authorized under subsection (f)(1) related to 
        disaster relief, long-term recovery, restoration of housing and 
        infrastructure, economic revitalization, and mitigation in the 
        most impacted and distressed areas resulting from a 
        catastrophic major disaster.
            ``(2) Grant awards.--Grants shall be awarded under this 
        section to States, units of general local government, and 
        Indian tribes based on capacity and the concentration of 
        damage, as determined by the Secretary, to support the 
        efficient and effective administration of funds.
            ``(3) Section 106 allocations.--Grants under this section 
        shall not be considered relevant to the formula allocations 
        made pursuant to section 106.
            ``(4) Federal register notice.--
                    ``(A) In general.--Not later than 30 days after the 
                date of enactment of this section, the Secretary shall 
                issue a notice in the Federal Register containing the 
                latest formula allocation methodologies used to 
                determine the total estimate of unmet needs related to 
                housing, economic revitalization, and infrastructure in 
                the most impacted and distressed areas resulting from a 
                catastrophic major disaster.
                    ``(B) Public comment.--In the notice issued under 
                subparagraph (A), the Secretary shall solicit public 
                comments on--
                            ``(i) the methodologies described in 
                        subparagraph (A) and seek alternative methods 
                        for formula allocation within a similar total 
                        amount of funding;
                            ``(ii) the impact of formula methodologies 
                        on rural areas and Tribal areas;
                            ``(iii) adjustments to improve targeting to 
                        the most serious needs;
                            ``(iv) objective criteria for grantee 
                        capacity and concentration of damage to inform 
                        grantee determinations and minimum allocation 
                        thresholds; and
                            ``(v) research and data to inform an 
                        additional amount to be provided for mitigation 
                        depending on type of disaster, which shall be 
                        no more than 30 percent of the total estimate 
                        of unmet needs.
            ``(5) Regulations.--
                    ``(A) In general.--The Secretary shall, by 
                regulation, establish a formula to allocate assistance 
                from the Fund to the most impacted and distressed areas 
                resulting from a catastrophic major disaster.
                    ``(B) Formula requirements.--The formula 
                established under subparagraph (A) shall--
                            ``(i) set forth criteria to determine that 
                        a major disaster is catastrophic, which 
                        criteria shall consider the presence of a high 
                        concentration of damaged housing or businesses 
                        that individual, State, Tribal, and local 
                        resources could not reasonably be expected to 
                        address without additional Federal assistance, 
                        or other nationally encompassing data that the 
                        Secretary determines are adequate to assess 
                        relative impact and distress across geographic 
                        areas.
                            ``(ii) include a methodology for 
                        identifying most impacted and distressed areas, 
                        which shall consider unmet serious needs 
                        related to housing, economic revitalization, 
                        and infrastructure;
                            ``(iii) include an allocation calculation 
                        that considers the unmet serious needs 
                        resulting from the catastrophic major disaster 
                        and an additional amount up to 30 percent for 
                        activities to reduce risks of loss resulting 
                        from other natural disasters in the most 
                        impacted and distressed area, primarily for the 
                        benefit of low- and moderate-income persons, 
                        with particular focus on activities that reduce 
                        repetitive loss of property and critical 
                        infrastructure; and
                            ``(iv) establish objective criteria for 
                        periodic review and updates to the formula to 
                        reflect changes in available science and data.
                    ``(C) Minimum allocation threshold.--The Secretary 
                shall, by regulation, establish a minimum allocation 
                threshold.
                    ``(D) Interim allocation.--Until such time that the 
                Secretary issues final regulations under this 
                paragraph, the Secretary shall--
                            ``(i) allocate assistance from the Fund 
                        using the formula allocation methodology 
                        published in accordance with paragraph (4); and
                            ``(ii) include an additional amount for 
                        mitigation equal to 15 percent of the total 
                        estimate of unmet need.
            ``(6) Allocation of funds.--
                    ``(A) In general.--The Secretary shall--
                            ``(i) except as provided in clause (ii), 
                        not later than 90 days after the President 
                        declares a major disaster, use best available 
                        data to determine whether the major disaster is 
                        catastrophic and qualifies for assistance under 
                        the formula in paragraph (4) or (5), unless 
                        data is insufficient to make this 
                        determination; and
                            ``(ii) if the best available data is 
                        insufficient to make the determination required 
                        under clause (i) within the 90-day period 
                        described in that clause, the Secretary shall 
                        determine whether the major disaster qualifies 
                        when sufficient data becomes available, but in 
                        no case shall the Secretary make the 
                        determination later than 120 days after the 
                        declaration of the major disaster.
                    ``(B) Announcement of allocation.--If amounts are 
                available in the Fund at the time the Secretary 
                determines that the major disaster is catastrophic and 
                qualifies for assistance under the formula in paragraph 
                (4) or (5), the Secretary shall immediately announce an 
                allocation for a grant under this section.
                    ``(C) Additional amounts.--If additional amounts 
                are appropriated to the Fund after amounts are 
                allocated under subparagraph (B), the Secretary shall 
                announce an allocation or additional allocation (if a 
                prior allocation under subparagraph (B) was less than 
                the formula calculation) within 15 days of any such 
                appropriation.
            ``(7) Preliminary funding.--
                    ``(A) In general.--To speed recovery, the Secretary 
                is authorized to allocate and award preliminary grants 
                from the Fund before making a determination under 
                paragraph (6) if the Secretary projects, based on a 
                preliminary assessment of impact and distress, that a 
                major disaster is catastrophic and would likely qualify 
                for funding under the formula in paragraph (4) or (5).
                    ``(B) Amount.--
                            ``(i) Maximum.--The Secretary may award 
                        preliminary funding under subparagraph (A) in 
                        an amount that is not more than $5,000,000.
                            ``(ii) Sliding scale.--The Secretary shall, 
                        by regulation, establish a sliding scale for 
                        preliminary funding awarded under subparagraph 
                        (A) based on the size of the preliminary 
                        assessment of impact and distress.
                    ``(C) Use of funds.--The uses of preliminary 
                funding awarded under subparagraph (A) shall be limited 
                to eligible activities that--
                            ``(i) in the determination of the 
                        Secretary, will support faster recovery, 
                        improve the ability of the grantee to assess 
                        unmet recovery needs, plan for the prevention 
                        of improper payments, and reduce fraud, waste, 
                        and abuse; and
                            ``(ii) may include evaluating the interim 
                        housing, permanent housing, and supportive 
                        service needs of the disaster impacted 
                        community, with special attention to vulnerable 
                        populations, such as homeless and low- to 
                        moderate-income households, to inform the 
                        grantee action plan required under subsection 
                        (c).
                    ``(D) Consideration of funding.--Preliminary 
                funding awarded under subparagraph (A)--
                            ``(i) is not subject to the certification 
                        requirements of paragraph (h)(1); and
                            ``(ii) shall not be considered when 
                        calculating the amount of the grant used for 
                        administrative costs, technical assistance, and 
                        planning activities that are subject to the 
                        requirements under subsection (f)(2).
                    ``(E) Waiver.--To expedite the use of preliminary 
                funding for activities described in this paragraph, the 
                Secretary may waive requirements of this section in 
                accordance with subsection (i).
                    ``(F) Amended award.--
                            ``(i) In general.--An award for preliminary 
                        funding under subparagraph (A) may be amended 
                        to add any subsequent amount awarded because of 
                        a determination by the Secretary that a major 
                        disaster is catastrophic and qualifies for 
                        assistance under the formula.
                            ``(ii) Applicability.--Notwithstanding 
                        subparagraph (D), amounts provided by an 
                        amendment under clause (i) are subject to the 
                        requirements under subsections (h)(1) and 
                        (f)(1) and other requirements on grant funds 
                        under this section.
                    ``(G) Technical assistance.--Concurrent with the 
                allocation of any preliminary funding awarded under 
                this paragraph, the Secretary shall assign or provide 
                technical assistance to the recipient of the grant.
    ``(b) Interchangeability.--The Secretary--
            ``(1) is authorized to approve the use of grants under this 
        section to be used interchangeably and without limitation for 
        the same activities in the most impacted and distressed areas 
        resulting from a declaration of another catastrophic major 
        disaster that qualifies for assistance under the formula 
        established under paragraph (4) or (5) of subsection (a); and
            ``(2) shall establish requirements to expedite the use of 
        grants under this section for the purpose described in 
        paragraph (1).
    ``(c) Grantee Plans.--
            ``(1) Requirement.--Not later than 90 days after the date 
        on which the Secretary announces a grant allocation under this 
        section, unless an extension is granted by the Secretary, the 
        grantee shall submit to the Secretary a plan for approval 
        describing--
                    ``(A) the activities the grantee will carry out 
                with the grant under this section;
                    ``(B) the criteria of the grantee for awarding 
                assistance and selecting activities;
                    ``(C) how the use of the grant under this section 
                will address disaster relief, long-term recovery, 
                restoration of housing and infrastructure, economic 
                revitalization, and mitigation in the most impacted and 
                distressed areas
                    ``(D) how the use of the grant funds for mitigation 
                is consistent with hazard mitigation plans submitted to 
                the Federal Emergency Management Agency under section 
                322 of the Robert T. Stafford Disaster Relief and 
                Emergency Assistance Act (42 U.S.C. 5165);
                    ``(E) the estimated amount proposed to be used for 
                activities that will benefit persons of low- and 
                moderate-income;
                    ``(F) how the use of grant funds will repair and 
                replace existing housing stock for vulnerable 
                populations, including low- to moderate-income 
                households;
                    ``(G) how the grantee will address the priorities 
                described in paragraph (5);
                    ``(H) how uses of funds are proportional to unmet 
                needs, as required under paragraph (5);
                    ``(I) for State grantees that plan to distribute 
                grant amounts to units of general local government, a 
                description of the method of distribution; and
                    ``(J) such other information as may be determined 
                by the Secretary in regulation.
            ``(2) Public consultation.--To permit public examination 
        and appraisal of the plan described in paragraph (1), to 
        enhance the public accountability of grantees, and to 
        facilitate coordination of activities with different levels of 
        government, when developing the plan or substantial amendments 
        proposed to the plan required under paragraph (1), a grantee 
        shall--
                    ``(A) publish the plan before adoption;
                    ``(B) provide citizens, affected units of general 
                local government, and other interested parties with 
                reasonable notice of, and opportunity to comment on, 
                the plan, with a public comment period of not less than 
                14 days;
                    ``(C) consider comments received before submission 
                to the Secretary;
                    ``(D) follow a citizen participation plan for 
                disaster assistance adopted by the grantee that, at a 
                minimum, provides for participation of residents of the 
                most impacted and distressed area affected by the major 
                disaster that resulted in the grant under this section 
                and other considerations established by the Secretary; 
                and
                    ``(E) undertake any consultation with interested 
                parties as may be determined by the Secretary in 
                regulation.
            ``(3) Approval.--The Secretary shall--
                    ``(A) by regulation, specify criteria for the 
                approval, partial approval, or disapproval of a plan 
                submitted under paragraph (1), including approval of 
                substantial amendments to the plan;
                    ``(B) review a plan submitted under paragraph (1) 
                upon receipt of the plan;
                    ``(C) allow a grantee to revise and resubmit a plan 
                or substantial amendment to a plan under paragraph (1) 
                that the Secretary disapproves;
                    ``(D) by regulation, specify criteria for when the 
                grantee shall be required to provide the required 
                revisions to a disapproved plan or substantial 
                amendment under paragraph (1) for public comment prior 
                to resubmission of the plan or substantial amendment to 
                the Secretary; and
                    ``(E) approve, partially approve, or disapprove a 
                plan or substantial amendment under paragraph (1) not 
                later than 60 days after the date on which the plan or 
                substantial amendment is received by the Secretary.
            ``(4) Low- and moderate-income overall benefit.--
                    ``(A) Use of funds.--Not less than 70 percent of a 
                grant made under this section shall be used for 
                activities that benefit persons of low and moderate 
                income unless the Secretary--
                            ``(i) specifically finds that--
                                    ``(I) there is compelling need to 
                                reduce the percentage for the grant; 
                                and
                                    ``(II) the housing needs of low- 
                                and moderate-income residents have been 
                                addressed; and
                            ``(ii) issues a waiver and alternative 
                        requirements pursuant to subsection (i) to 
                        lower the percentage.
                    ``(B) Regulations.--The Secretary shall, by 
                regulation, establish protocols consistent with the 
                findings of section 502 of the Reforming Disaster 
                Recovery Act to prioritize the use of funds by a 
                grantee under this section to meet the needs of low- 
                and moderate-income persons and businesses serving 
                primarily persons of low and moderate income.
            ``(5) Prioritization.--The grantee shall prioritize 
        activities that--
                    ``(A) assist persons with extremely low, low, and 
                moderate incomes and other vulnerable populations to 
                better recover from and withstand future disasters, 
                emphasizing those with the most severe needs;
                    ``(B) address affordable housing, including 
                affordable rental housing, needs arising from a 
                disaster or those needs present prior to a disaster;
                    ``(C) prolong the life of housing and 
                infrastructure;
                    ``(D) use cost-effective means of preventing harm 
                to people and property and incorporate protective 
                features, redundancies, energy savings; and
                    ``(E) other measures that will assure the 
                continuation of critical services during future 
                disasters.
            ``(6) Proportional allocation.--
                    ``(A) In general.--A grantee under this section 
                shall allocate grant funds proportional to unmet needs 
                between housing activities, economic revitalization, 
                and infrastructure, unless the Secretary--
                            ``(i) specifically finds that--
                                    ``(I) there is a compelling need 
                                for a disproportional allocation among 
                                those unmet needs; and
                                    ``(II) the disproportional 
                                allocation described in subclause (I) 
                                is not inconsistent with the 
                                requirements under paragraph (4); and
                            ``(ii) issues a waiver and alternative 
                        requirement pursuant to subsection (i) to allow 
                        for the disproportional allocation described in 
                        clause (i)(I).
                    ``(B) Housing activities.--With respect to housing 
                activities described in subparagraph (A)(i), grantees 
                should address proportional needs between homeowners 
                and renters, including low-income households in public 
                housing and federally subsidized housing.
            ``(7) Disaster risk mitigation.--
                    ``(A) Definition.--In this paragraph, the term 
                `hazard-prone areas'--
                            ``(i) means areas identified by the 
                        Secretary, in consultation with the 
                        Administrator of the Federal Emergency 
                        Management Agency, at risk from natural hazards 
                        that threaten property damage or health, 
                        safety, and welfare, such as floods, wildfires 
                        (including Wildland-Urban Interface areas), 
                        earthquakes, lava inundation, tornados, and 
                        high winds; and
                            ``(ii) includes areas having special flood 
                        hazards as identified under the Flood Disaster 
                        Protection Act of 1973 (42 U.S.C. 4002 et seq.) 
                        or the National Flood Insurance Act of 1968 (42 
                        U.S.C. 4001 et seq.).
                    ``(B) Hazard-prone areas.--The Secretary, in 
                consultation with the Administrator of the Federal 
                Emergency Management Agency, shall establish minimum 
                construction standards, insurance purchase 
                requirements, and other requirements for the use of 
                grant funds in hazard-prone areas.
                    ``(C) Special flood hazards.--For the areas 
                described in subparagraph (A)(ii), the insurance 
                purchase requirements established under subparagraph 
                (B) shall meet or exceed the requirements under section 
                102(a) of the Flood Disaster Protection Act of 1973 (42 
                U.S.C. 4012a(a)).
                    ``(D) Consideration of future risks.--The Secretary 
                may consider future risks to protecting property and 
                health, safety, and general welfare, and the likelihood 
                of those risks, when making the determination of or 
                modification to hazard-prone areas under this 
                paragraph.
            ``(8) Relocation.--
                    ``(A) In general.--The Uniform Relocation 
                Assistance and Real Property Acquisition Policies Act 
                of 1970 (42 U.S.C. 4601 et seq.) shall apply to 
                activities assisted under this section to the extent 
                determined by the Secretary in regulation, or as 
                provided in waivers and alternative requirements 
                authorized in accordance with subsection (i).
                    ``(B) Policy.--Each grantee under this section 
                shall establish a relocation assistance policy that--
                            ``(i) minimizes displacement and describes 
                        the benefits available to persons displaced as 
                        a direct result of acquisition, rehabilitation, 
                        or demolition in connection with an activity 
                        that is assisted by a grant under this section; 
                        and
                            ``(ii) includes any appeal rights or other 
                        requirements that the Secretary establishes by 
                        regulation.
    ``(d) Certifications.--Any grant under this section shall be made 
only if the grantee certifies to the satisfaction of the Secretary 
that--
            ``(1) the grantee is in full compliance with the 
        requirements under subsection (c)(2);
            ``(2) for grants other than grants to Indian tribes, the 
        grant will be conducted and administered in conformity with the 
        Civil Rights Act of 1964 (42 U.S.C. 2000a et seq.) and the Fair 
        Housing Act (42 U.S.C. 3601 et seq.);
            ``(3) the projected use of funds has been developed so as 
        to give maximum feasible priority to activities that will 
        benefit extremely low-, low-, and moderate-income families and 
        activities described in subsection (c)(5), and may also include 
        activities that are designed to aid in the prevention or 
        elimination of slum and blight to support disaster recovery, 
        meet other community development needs having a particular 
        urgency because existing conditions pose a serious and 
        immediate threat to the health or welfare of the community 
        where other financial resources are not available to meet such 
        needs, and alleviate future threats to human populations, 
        critical natural resources, and property that an analysis of 
        hazards shows are likely to result from natural disasters in 
        the future;
            ``(4) the grant funds shall principally benefit persons of 
        low and moderate income as described in subsection (c)(4);
            ``(5) for grants other than grants to Indian tribes, within 
        24 months of receiving a grant or at the time of its 3 or 5-
        year update, whichever is sooner, the grantee will review and 
        make modifications to its non-disaster housing and community 
        development plans and strategies required by subsections (c) 
        and (m) of section 104 to reflect the disaster recovery needs 
        identified by the grantee and consistency with the plan under 
        subsection (c)(1);
            ``(6) the grantee will not attempt to recover any capital 
        costs of public improvements assisted in whole or part under 
        this section by assessing any amount against properties owned 
        and occupied by persons of low and moderate income, including 
        any fee charged or assessment made as a condition of obtaining 
        access to such public improvements, unless--
                    ``(A) funds received under this section are used to 
                pay the proportion of such fee or assessment that 
                relates to the capital costs of such public 
                improvements that are financed from revenue sources 
                other than under this chapter; or
                    ``(B) for purposes of assessing any amount against 
                properties owned and occupied by persons of moderate 
                income, the grantee certifies to the Secretary that the 
                grantee lacks sufficient funds received under this 
                section to comply with the requirements of subparagraph 
                (A);
            ``(7) the grantee will comply with the other provisions of 
        this title that apply to assistance under this section and with 
        other applicable laws;
            ``(8) the grantee will follow a relocation assistance 
        policy that includes any minimum requirements identified by the 
        Secretary; and
            ``(9) the grantee will adhere to construction standards, 
        insurance purchase requirements, and other requirements for 
        development in hazard-prone areas described in subsection 
        (c)(7).
    ``(e) Performance Reviews and Reporting.--
            ``(1) In general.--The Secretary shall, on not less 
        frequently than an annual basis, make such reviews and audits 
        as may be necessary or appropriate to determine whether a 
        grantee under this section has--
                    ``(A) carried out activities using grant funds in a 
                timely manner;
                    ``(B) met the performance targets established by 
                paragraph (2);
                    ``(C) carried out activities using grant funds in 
                accordance with the requirements of this section, the 
                other provisions of this title that apply to assistance 
                under this section, and other applicable laws; and
                    ``(D) a continuing capacity to carry out activities 
                in a timely manner.
            ``(2) Performance targets.--The Secretary shall develop and 
        make publicly available critical performance targets for 
        review, which shall include spending thresholds for each year 
        from the date on which funds are obligated by the Secretary to 
        the grantee until such time all funds have been expended.
            ``(3) Failure to meet targets.--
                    ``(A) Suspension.--If a grantee under this section 
                fails to meet 1 or more critical performance targets 
                under paragraph (2), the Secretary may temporarily 
                suspend the grant.
                    ``(B) Performance improvement plan.--If the 
                Secretary suspends a grant under subparagraph (A), the 
                Secretary shall provide to the grantee a performance 
                improvement plan with the specific requirements needed 
                to lift the suspension within a defined time period.
                    ``(C) Report.--If a grantee fails to meet the 
                spending thresholds established under paragraph (2), 
                the grantee shall submit to the Secretary, the 
                appropriate committees of Congress, and each member of 
                Congress who represents a district or State of the 
                grantee a written report identifying technical 
                capacity, funding, or other Federal or State 
                impediments affecting the ability of the grantee to 
                meet the spending thresholds.
            ``(4) Collection of information and reporting.--
                    ``(A) Requirement to report.--A grantee under this 
                section shall provide to the Secretary such information 
                as the Secretary may determine necessary for adequate 
                oversight of the grant program under this section.
                    ``(B) Public availability.--Subject to subparagraph 
                (D), the Secretary shall make information submitted 
                under subparagraph (A) available to the public and to 
                the Inspector General for the Department of Housing and 
                Urban Development, disaggregated by income, geography, 
                and all classes of individuals protected under section 
                109.
                    ``(C) Summary status reports.--To increase 
                transparency and accountability of the grant program 
                under this section the Secretary shall, on not less 
                frequently than an annual basis, post on a public 
                facing dashboard summary status reports for all active 
                grants under this section that includes--
                            ``(i) the status of funds by activity;
                            ``(ii) the percentages of funds allocated 
                        and expended to benefit low- and moderate-
                        income communities;
                            ``(iii) performance targets, spending 
                        thresholds, and accomplishments; and
                            ``(iv) other information the Secretary 
                        determines to be relevant for transparency.
                    ``(D) Considerations.--In carrying out this 
                paragraph, the Secretary--
                            ``(i) shall take such actions as may be 
                        necessary to ensure that personally 
                        identifiable information regarding applicants 
                        for assistance provided from funds made 
                        available under this section is not made 
                        publicly available; and
                            ``(ii) may make full and unredacted 
                        information available to academic institutions 
                        for the purpose of researching into the 
                        equitable distribution of recovery funds and 
                        adherence to civil rights protections.
    ``(f) Eligible Activities.--
            ``(1) In general.--Activities assisted under this section--
                    ``(A) may include activities permitted under 
                section 105 or other activities permitted by the 
                Secretary by waiver or alternative requirement pursuant 
                to subsection (i); and
                    ``(B) shall be related to disaster relief, long-
                term recovery, restoration of housing and 
                infrastructure, economic revitalization, and mitigation 
                in the most impacted and distressed areas resulting 
                from the major disaster for which the grant was 
                awarded.
            ``(2) Prohibition.--Grant funds under this section may not 
        be used for costs reimbursable by, or for which funds have been 
        made available by, the Federal Emergency Management Agency or 
        the United States Army Corps of Engineers.
            ``(3) Administrative costs, technical assistance and 
        planning.--
                    ``(A) In general.--The Secretary shall establish in 
                regulation the maximum grant amounts a grantee may use 
                for administrative costs, technical assistance and 
                planning activities, taking into consideration size of 
                grant, complexity of recovery, and other factors as 
                determined by the Secretary, but not to exceed 10 
                percent for administration and 20 percent in total.
                    ``(B) Availability.--Amounts available for 
                administrative costs for a grant under this section 
                shall be available for eligible administrative costs of 
                the grantee for any grant made under this section, 
                without regard to a particular disaster.
            ``(4) Program income.--Notwithstanding any other provision 
        of law, any grantee under this section may retain program 
        income that is realized from grants made by the Secretary under 
        this section if the grantee agrees that the grantee will 
        utilize the program income in accordance with the requirements 
        for grants under this section, except that the Secretary may--
                    ``(A) by regulation, exclude from consideration as 
                program income any amounts determined to be so small 
                that compliance with this paragraph creates an 
                unreasonable administrative burden on the grantee; or
                    ``(B) permit the grantee to transfer remaining 
                program income to the other grants of the grantee under 
                this title upon closeout of the grant.
            ``(5) Prohibition on use of assistance for employment 
        relocation activities.--
                    ``(A) In general.--Grants under this section may 
                not be used to assist directly in the relocation of any 
                industrial or commercial plant, facility, or operation, 
                from one area to another area, if the relocation is 
                likely to result in a significant loss of employment in 
                the labor market area from which the relocation occurs.
                    ``(B) Applicability.--The prohibition under 
                subparagraph (A) shall not apply to a business that was 
                operating in the disaster-declared labor market area 
                before the incident date of the applicable disaster and 
                has since moved, in whole or in part, from the affected 
                area to another State or to a labor market area within 
                the same State to continue business.
            ``(6) Requirements.--Grants under this section are subject 
        to the requirements of this section, the other provisions of 
        this title that apply to assistance under this section, and 
        other applicable laws, unless modified by waivers and 
        alternative requirements in accordance with subsection (i).
    ``(g) Environmental Review.--
            ``(1) Adoption.--A recipient of funds provided under this 
        section that uses the funds to supplement Federal assistance 
        provided under section 402, 403, 404, 406, 407, 408(c)(4), 428, 
        or 502 of the Robert T. Stafford Disaster Relief and Emergency 
        Assistance Act (42 U.S.C. 5170a, 5170b, 5170c, 5172, 5173, 
        5174(c)(4), 5189f, 5192) may adopt, without review or public 
        comment, any environmental review, approval, or permit 
        performed by a Federal agency, and that adoption shall satisfy 
        the responsibilities of the recipient with respect to the 
        environmental review, approval, or permit under section 
        104(g)(1).
            ``(2) Approval of release of funds.--Notwithstanding 
        section 104(g)(2), the Secretary or a State may, upon receipt 
        of a request for release of funds and certification, 
        immediately approve the release of funds for an activity or 
        project to be assisted under this section if the recipient has 
        adopted an environmental review, approval, or permit under 
        paragraph (1) or the activity or project is categorically 
        excluded from review under the National Environmental Policy 
        Act of 1969 (42 U.S.C. 4321 et seq.).
            ``(3) Units of general local government.--The provisions of 
        section 104(g)(4) shall apply to assistance under this section 
        that a State distributes to a unit of general local government.
    ``(h) Financial Controls and Procedures.--
            ``(1) In general.--The Secretary shall develop requirements 
        and procedures to demonstrate that a grantee under this 
        section--
                    ``(A) has adequate financial controls and 
                procurement processes;
                    ``(B) has adequate procedures to detect and prevent 
                fraud, waste, abuse and duplication of benefit; and
                    ``(C) maintains a comprehensive and publicly 
                accessible website.
            ``(2) Certification.--Before making a grant under this 
        section, the Secretary shall certify that the grantee has in 
        place proficient processes and procedures to comply with the 
        requirements developed under paragraph (1), as determined by 
        the Secretary.
            ``(3) Compliance before allocation.--The Secretary may 
        permit a State, unit of general local government, or Indian 
        tribe to demonstrate compliance with the requirements for 
        adequate financial controls developed under paragraph (1) 
        before a disaster occurs and before receiving an allocation for 
        a grant under this section.
            ``(4) Duplication of benefits.--
                    ``(A) In general.--Funds made available under this 
                subsection shall be used in accordance with section 312 
                of the Robert T. Stafford Disaster Relief and Emergency 
                Assistance Act (42 U.S.C. 5155), as amended by section 
                1210 of the Disaster Recovery Reform Act of 2018 
                (division D of Public Law 115-254), and such rules as 
                may be prescribed under such section 312.
                    ``(B) Penalties.--In any case in which the use of 
                grant funds under this section results in a prohibited 
                duplication of benefits, the grantee shall--
                            ``(i) apply an amount equal to the 
                        identified duplication to any allowable costs 
                        of the award consistent with actual, immediate 
                        cash requirement;
                            ``(ii) remit any excess amounts to the 
                        Secretary to be credited to the obligated, 
                        undisbursed balance of the grant consistent 
                        with requirements on Federal payments 
                        applicable to such grantee; and
                            ``(iii) if excess amounts under clause (ii) 
                        are identified after the period of performance 
                        or after the closeout of the award, remit such 
                        amounts to the Secretary to be credited to the 
                        Fund.
                    ``(C) Failure to comply.--Any grantee provided 
                funds under this subsection or from prior 
                Appropriations Acts under the heading `Community 
                Development Fund' for purposes related to major 
                disasters that fails to comply with section 312 of the 
                Robert T. Stafford Disaster Relief and Emergency 
                Assistance Act shall be subject to remedies for 
                noncompliance under section 111, unless the Secretary 
                publishes a determination in the Federal Register that 
                it is not in the best interest of the Federal 
                Government to pursue remedial actions.
    ``(i) Waivers.--
            ``(1) In general.--In administering grants under this 
        section, the Secretary may waive, or specify alternative 
        requirements for, any provision of any statute or regulation 
        that the Secretary administers in connection with the 
        obligation by the Secretary or the use by the grantee of those 
        funds (except for requirements related to fair housing, 
        nondiscrimination, labor standards, the environment, and the 
        requirements of this section that do not expressly authorize 
        modifications by waiver or alternative requirement), if the 
        Secretary makes a public finding that good cause exists for the 
        waiver or alternative requirement and the waiver or alternative 
        requirement would not be inconsistent with the findings in 
        section 502 of the Reforming Disaster Recovery Act.
            ``(2) Effective date.--A waiver or alternative requirement 
        described in paragraph (1) shall not take effect before the 
        date that is 5 days after the date of publication of the waiver 
        or alternative requirement on the website of the Department of 
        Housing and Urban Development or the effective date for any 
        regulation published in the Federal Register.
            ``(3) Public notification.--The Secretary shall notify the 
        public of all waivers described in paragraph (1) in accordance 
        with the requirements of section 7(q)(3) of the Department of 
        Housing and Urban Development Act (42 U.S.C. 3535(q)(3)).
    ``(j) Unused Amounts.--
            ``(1) Deadline to use amounts.--A grantee under this 
        section shall use an amount equal to the grant within 6 years 
        beginning on the date on which the Secretary obligates the 
        amounts to the grantee, as such period may be extended under 
        paragraph (4).
            ``(2) Recapture.--The Secretary shall recapture and credit 
        to the Fund any amount that is unused by a grantee under this 
        section upon the earlier of--
                    ``(A) the date on which the grantee notifies the 
                Secretary that the grantee has completed all activities 
                identified in the disaster grantee's plan under 
                subsection (c); or
                    ``(B) the expiration of the 6-year period described 
                in paragraph (1), as such period may be extended under 
                paragraph (4).
            ``(3) Retention of funds.--Notwithstanding paragraph (1), 
        the Secretary may allow a grantee under this section to 
        retain--
                    ``(A) amounts needed to close out grants; and
                    ``(B) up to 10 percent of the remaining funds to 
                support maintenance of the minimal capacity to launch a 
                new program in the event of a future disaster and to 
                support pre-disaster long-term recovery and mitigation 
                planning.
            ``(4) Extension of period for use of funds.--The Secretary 
        may extend the 6-year period described in paragraph (1) by not 
        more than 4 years, or not more than 6 years for mitigation 
        activities, if--
                    ``(A) the grantee submits to the Secretary--
                            ``(i) written documentation of the exigent 
                        circumstances impacting the ability of the 
                        grantee to expend funds that could not be 
                        anticipated; or
                            ``(ii) a justification that such request is 
                        necessary due to the nature and complexity of 
                        the program and projects; and
                    ``(B) the Secretary submits a written justification 
                for the extension to the Committees on Appropriations 
                of Senate and the House of Representatives that 
                specifies the period of that extension.''.

                              regulations

    Sec. 507. (a) Proposed Rules.--Following consultation with the 
Federal Emergency Management Agency, the Small Business Administration, 
and other Federal agencies, not later than 6 months after the date of 
enactment of this Act, the Secretary shall issue proposed rules to 
carry out this Act and the amendments made by this Act and shall 
provide a 90-day period for submission of public comments on those 
proposed rules.
    (b) Final Rules.--Not later than 1 year after the date of enactment 
of this Act, the Secretary shall issue final regulations to carry out 
section 123 of the Housing and Community Development Act of 1974, as 
added by section 506.

 coordination of disaster recovery assistance, benefits, and data with 
                         other federal agencies

    Sec. 508. (a) Coordination of Disaster Recovery Assistance.--In 
order to ensure a comprehensive approach to Federal disaster relief, 
long-term recovery, restoration of housing and infrastructure, economic 
revitalization, and mitigation in the most impacted and distressed 
areas resulting from a catastrophic major disaster, the Secretary shall 
coordinate with the Federal Emergency Management Agency, to the 
greatest extent practicable, in the implementation of assistance 
authorized under section 123 of the Housing and Community Development 
Act of 1974, as added by section 506.
    (b) Data Sharing Agreements.--To support the coordination of data 
to prevent duplication of benefits with other Federal disaster recovery 
programs while also expediting recovery and reducing burden on disaster 
survivors, the Department shall establish data sharing agreements that 
safeguard privacy with relevant Federal agencies to ensure disaster 
benefits effectively and efficiently reach intended beneficiaries, 
while using effective means of preventing harm to people and property.
    (c) Data Transfer From FEMA and SBA to HUD.--As permitted and 
deemed necessary for efficient program execution, and consistent with a 
computer matching agreement entered into under subsection (f)(1), the 
Administrator of the Federal Emergency Management Agency and the 
Administrator of the Small Business Administration shall provide data 
on disaster applicants to the Department, including, when necessary, 
personally identifiable information, disaster recovery needs, and 
resources determined eligible for, and amounts expended, to the 
Secretary for all major disasters declared by the President pursuant to 
section 401 of Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5170) for the purpose of providing additional 
assistance to disaster survivors and prevent duplication of benefits.
    (d) Data Transfers From HUD to HUD Grantees.--The Secretary is 
authorized to provide to grantees under section 123 of the Housing and 
Community Development Act of 1974, as added by section 506, offices of 
the Department, technical assistance providers, and lenders information 
that in the determination of the Secretary is reasonably available and 
appropriate to inform the provision of assistance after a major 
disaster, including information provided to the Secretary by the 
Administrator of the Federal Emergency Management Agency, the 
Administrator of the Small Business Administration, or other Federal 
agencies.
    (e) Data Transfers From HUD Grantees to HUD, FEMA, and SBA.--
            (1) Reporting.--Grantees under section 123 of the Housing 
        and Community Development Act of 1974, as added by section 506, 
        shall report information requested by the Secretary on 
        households, businesses, and other entities assisted and the 
        type of assistance provided.
            (2) Sharing Information.--The Secretary shall share 
        information collected under paragraph (1) with the Federal 
        Emergency Management Agency, the Small Business Administration, 
        and other Federal agencies to support the planning and delivery 
        of disaster recovery and mitigation assistance.
    (f) Privacy Protection.--The Secretary may make and receive data 
transfers authorized under this section, including the use and 
retention of that data for computer matching programs, to inform the 
provision of assistance, assess disaster recovery needs, and prevent 
the duplication of benefits and other waste, fraud, and abuse, provided 
that--
            (1) the Secretary enters a computer matching agreement with 
        the Administrator of the Federal Emergency Management Agency, 
        the Administrator of the Small Business Administration, or 
        other Federal agencies covering the transfer of data;
            (2) the Secretary publishes intent to disclose data in the 
        Federal Register;
            (3) notwithstanding paragraphs (1) and (2), section 552a of 
        title 5, United States Code (commonly known as the ``Privacy 
        Act of 1974''), or any other law, the Secretary is authorized 
        to share data with an entity identified in subsection (d), and 
        the entity is authorized to use the data as described in this 
        section, if the Secretary enters a data sharing agreement with 
        the entity before sharing or receiving any information under 
        transfers authorized by this section, which data sharing 
        agreement shall--
                    (A) in the determination of the Secretary, include 
                measures adequate to safeguard the privacy and 
                personally identifiable information of individuals; and
                    (B) include provisions that describe how the 
                personally identifiable information of an individual 
                will be adequately safeguarded and protected, which 
                requires consultation with the Secretary and the head 
                of each Federal agency the data of which is being 
                shared subject to the agreement.

                                TITLE VI

 NATIVE AMERICAN HOUSING ASSISTANCE AND SELF-DETERMINATION ACT OF 2021

                              short title

    Sec. 601.  This title may be cited as the ``Native American Housing 
Assistance and Self-Determination Reauthorization Act of 2021''.

           consolidation of environmental review requirements

    Sec. 602.  Section 105 of the Native American Housing Assistance 
and Self-Determination Act of 1996 (25 U.S.C. 4115) is amended by 
adding at the end the following:
    ``(e) Consolidation of Environmental Review Requirements.--
            ``(1) In general.--In the case of a recipient of grant 
        amounts under this Act that is carrying out a project that 
        qualifies as an affordable housing activity under section 202, 
        if the recipient is using 1 or more additional sources of 
        Federal funds to carry out the project, and the grant amounts 
        received under this Act constitute the largest single source of 
        Federal funds that the recipient reasonably expects to commit 
        to the project at the time of environmental review, the Indian 
        tribe of the recipient may assume, in addition to all of the 
        responsibilities for environmental review, decision making, and 
        action under subsection (a), all of the additional 
        responsibilities for environmental review, decision making, and 
        action under provisions of law that would apply to each Federal 
        agency providing additional funding were the Federal agency to 
        carry out the project as a Federal project.
            ``(2) Discharge.--The assumption by the Indian tribe of the 
        additional responsibilities for environmental review, decision 
        making, and action under paragraph (1) with respect to a 
        project shall be deemed to discharge the responsibility of the 
        applicable Federal agency for environmental review, decision 
        making, and action with respect to the project.
            ``(3) Certification.--An Indian tribe that assumes the 
        additional responsibilities under paragraph (1), shall certify, 
        in addition to the requirements under subsection (c)--
                    ``(A) the additional responsibilities that the 
                Indian tribe has fully carried out under this 
                subsection; and
                    ``(B) that the certifying officer consents to 
                assume the status of a responsible Federal official 
                under the provisions of law that would apply to each 
                Federal agency providing additional funding under 
                paragraph (1).
            ``(4) Liability.--
                    ``(A) In general.--An Indian tribe that completes 
                an environmental review under this subsection shall 
                assume sole liability for the content and quality of 
                the review.
                    ``(B) Remedies and sanctions.--Except as provided 
                in subparagraph (C), if the Secretary approves a 
                certification and release of funds to an Indian tribe 
                for a project in accordance with subsection (b), but 
                the Secretary or the head of another Federal agency 
                providing funding for the project subsequently learns 
                that the Indian tribe failed to carry out the 
                responsibilities of the Indian tribe as described in 
                subsection (a) or paragraph (1), as applicable, the 
                Secretary or other head, as applicable, may impose 
                appropriate remedies and sanctions in accordance with--
                            ``(i) the regulations issued pursuant to 
                        section 106; or
                            ``(ii) such regulations as are issued by 
                        the other head.
                    ``(C) Statutory violation waivers.--If the 
                Secretary waives the requirements under this section in 
                accordance with subsection (d) with respect to a 
                project for which an Indian tribe assumes additional 
                responsibilities under paragraph (1), the waiver shall 
                prohibit any other Federal agency providing additional 
                funding for the project from imposing remedies or 
                sanctions for failure to comply with requirements for 
                environmental review, decision making, and action under 
                provisions of law that would apply to the Federal 
                agency.''.

                    authorization of appropriations

    Sec. 603.  Section 108 of the Native American Housing Assistance 
and Self-Determination Act of 1996 (25 U.S.C. 4117) is amended, in the 
first sentence, by striking ``2009 through 2013'' and inserting ``2022 
through 2032''.

                       student housing assistance

    Sec. 604.  Section 202(3) of the Native American Housing Assistance 
and Self-Determination Act of 1996 (25 U.S.C. 4132(3)) is amended by 
inserting ``including education-related stipends, college housing 
assistance, and other education-related assistance for low-income 
college students,'' after ``self-sufficiency and other services,''.

  application of rent rule only to units owned or operated by indian 
              tribe or tribally designated housing entity

    Sec. 605.  Section 203(a)(2) of the Native American Housing 
Assistance and Self-Determination Act of 1996 (25 U.S.C. 4133(a)(2)) is 
amended by inserting ``owned or operated by a recipient and'' after 
``residing in a dwelling unit''.

                          program requirements

    Sec. 606.  Section 203(a) of the Native American Housing Assistance 
and Self-Determination Act of 1996 (25 U.S.C. 4133(a)) (as amended by 
section 5) is amended--
            (1) in paragraph (1), by striking ``paragraph (2)'' and 
        inserting ``paragraphs (2) and (3)'';
            (2) by redesignating paragraph (2) as paragraph (3);
            (3) by inserting after paragraph (1) the following:
            ``(2) Application of tribal policies.--Paragraph (3) shall 
        not apply if--
                    ``(A) the recipient has a written policy governing 
                rents and homebuyer payments charged for dwelling 
                units; and
                    ``(B) that policy includes a provision governing 
                maximum rents or homebuyer payments, including tenant 
                protections.''; and
            (4) in paragraph (3) (as so redesignated), by striking ``In 
        the case of'' and inserting ``In the absence of a written 
        policy governing rents and homebuyer payments, in the case 
        of''.

       de minimis exemption for procurement of goods and services

    Sec. 607.  Section 203(g) of the Native American Housing Assistance 
and Self-Determination Act of 1996 (25 U.S.C. 4133(g)) is amended by 
striking ``$5,000'' and inserting ``$10,000''.

    homeownership or lease-to-own low-income requirement and income 
                               targeting

    Sec. 608.  Section 205 of the Native American Housing Assistance 
and Self-Determination Act of 1996 (25 U.S.C. 4135) is amended--
            (1) in subsection (a)(1)--
                    (A) in subparagraph (C), by striking ``and'' at the 
                end; and
                    (B) by adding at the end the following:
                    ``(E) notwithstanding any other provision of this 
                paragraph, in the case of rental housing that is made 
                available to a current rental family for conversion to 
                a homebuyer or a lease-purchase unit, that the current 
                rental family can purchase through a contract of sale, 
                lease-purchase agreement, or any other sales agreement, 
                is made available for purchase only by the current 
                rental family, if the rental family was a low-income 
                family at the time of their initial occupancy of such 
                unit; and''; and
            (2) in subsection (c)--
                    (A) by striking ``The provisions'' and inserting 
                the following:
            ``(1) In general.--The provisions''; and
                    (B) by adding at the end the following:
            ``(2) Applicability to improvements.--The provisions of 
        subsection (a)(2) regarding binding commitments for the 
        remaining useful life of property shall not apply to 
        improvements of privately owned homes if the cost of the 
        improvements do not exceed 10 percent of the maximum total 
        development cost for the home.''.

                lease requirements and tenant selection

    Sec. 609.  Section 207 of the Native American Housing Assistance 
and Self-Determination Act of 1996 (25 U.S.C. 4137) is amended by 
adding at the end the following:
    ``(c) Notice of Termination.--The notice period described in 
subsection (a)(3) shall apply to projects and programs funded in part 
by amounts authorized under this Act.''.

                         indian health service

    Sec. 610. (a) In General.--Subtitle A of title II of the Native 
American Housing Assistance and Self-Determination Act of 1996 (25 
U.S.C. 4131 et seq.) is amended by adding at the end the following:

``SEC. 211. IHS SANITATION FACILITIES CONSTRUCTION.

    ``Notwithstanding any other provision of law, the Director of the 
Indian Health Service, or a recipient receiving funding for a housing 
construction or renovation project under this title, may use funding 
from the Indian Health Service for the construction of sanitation 
facilities under that project.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
the Native American Housing Assistance and Self-Determination Act of 
1996 (Public Law 104-330; 110 Stat. 4016) is amended by inserting after 
the item relating to section 210 the following:

``Sec. 211. IHS sanitation facilities construction.''.

       statutory authority to suspend grant funds in emergencies

    Sec. 611.  Section 401(a)(4) of the Native American Housing 
Assistance and Self-Determination Act of 1996 (25 U.S.C. 4161(a)(4)) is 
amended--
            (1) in subparagraph (A), by striking ``may take an action 
        described in paragraph (1)(C)'' and inserting ``may immediately 
        take an action described in paragraph (1)(C)''; and
            (2) by striking subparagraph (B) and inserting the 
        following:
                    ``(B) Procedural requirements.--
                            ``(i) In general.--If the Secretary takes 
                        an action described in subparagraph (A), the 
                        Secretary shall provide notice to the recipient 
                        at the time that the Secretary takes that 
                        action.
                            ``(ii) Notice requirements.--The notice 
                        under clause (i) shall inform the recipient 
                        that the recipient may request a hearing by not 
                        later than 30 days after the date on which the 
                        Secretary provides the notice.
                            ``(iii) Hearing requirements.--A hearing 
                        requested under clause (ii) shall be 
                        conducted--
                                    ``(I) in accordance with subpart A 
                                of part 26 of title 24, Code of Federal 
                                Regulations (or successor regulations); 
                                and
                                    ``(II) to the maximum extent 
                                practicable, on an expedited basis.
                            ``(iv) Failure to conduct a hearing.--If a 
                        hearing requested under clause (ii) is not 
                        completed by the date that is 180 days after 
                        the date on which the recipient requests the 
                        hearing, the action of the Secretary to limit 
                        the availability of payments shall no longer be 
                        effective.''.

                          reports to congress

    Sec. 612.  Section 407 of the Native American Housing Assistance 
and Self-Determination Act of 1996 (25 U.S.C. 4167) is amended--
            (1) in subsection (a), by striking ``Congress'' and 
        inserting ``Committee on Indian Affairs and the Committee on 
        Banking, Housing and Urban Affairs of the Senate and the 
        Committee on Financial Services of the House of 
        Representatives''; and
            (2) by adding at the end the following:
    ``(c) Public Availability.--The report described in subsection (a) 
shall be made publicly available, including to recipients.''.

  99-year leasehold interest in trust or restricted lands for housing 
                                purposes

    Sec. 613.  Section 702 of the Native American Housing Assistance 
and Self-Determination Act of 1996 (25 U.S.C. 4211) is amended--
            (1) in the section heading, by striking ``50-year'' and 
        inserting ``99-year'';
            (2) in subsection (b), by striking ``50 years'' and 
        inserting ``99 years''; and
            (3) in subsection (c)(2), by striking ``50 years'' and 
        inserting ``99 years''.

     amendments for block grants for affordable housing activities

    Sec. 614.  Section 802(e) of the Native American Housing Assistance 
and Self-Determination Act of 1996 (25 U.S.C. 4222(e)) is amended by--
            (1) by striking ``The Director'' and inserting the 
        following:
            ``(1) In general.--The Director''; and
            (2) by adding at the end the following:
            ``(2) Subawards.--Notwithstanding any other provision of 
        law, including provisions of State law requiring competitive 
        procurement, the Director may make subawards to subrecipients, 
        except for for-profit entities, using amounts provided under 
        this title to carry out affordable housing activities upon a 
        determination by the Director that such subrecipients have 
        adequate capacity to carry out activities in accordance with 
        this Act.''.

      reauthorization of native hawaiian homeownership provisions

    Sec. 615.  Section 824 of the Native American Housing Assistance 
and Self-Determination Act of 1996 (25 U.S.C. 4243) is amended by 
striking ``such sums as may be necessary'' and all that follows through 
the period at the end and inserting ``such sums as may be necessary for 
each of fiscal years 2022 through 2032.''.

              total development cost maximum project cost

    Sec. 616.  Affordable housing (as defined in section 4 of the 
Native American Housing Assistance and Self-Determination Act of 1996 
(25 U.S.C. 4103)) that is developed, acquired, or assisted under the 
block grant program established under section 101 of the Native 
American Housing Assistance and Self-Determination Act of 1996 (25 
U.S.C. 4111) shall not exceed by more than 20 percent, without prior 
approval of the Secretary of Housing and Urban Development, the total 
development cost maximum cost for all housing assisted under an 
affordable housing activity, including development and model 
activities.

               community-based development organizations

    Sec. 617.  Section 105 of the Housing and Community Development Act 
of 1974 (42 U.S.C. 5305) is amended by adding at the end the following:
    ``(i) Indian Tribes and Tribally Designated Housing Entities as 
Community-Based Development Organizations.--
            ``(1) Definition.--In this subsection, the term `tribally 
        designated housing entity' has the meaning given the term in 
        section 4 of the Native American Housing Assistance and Self-
        Determination Act of 1996 (25 U.S.C. 4103).
            ``(2) Qualification.--An Indian tribe, a tribally 
        designated housing entity, or a tribal organization shall 
        qualify as a community-based development organization for 
        purposes of carrying out new housing construction under this 
        subsection under a grant made under section 106(a)(1).''.

       indian tribe eligibility for hud housing counseling grants

    Sec. 618.  Section 106(a)(4) of the Housing and Urban Development 
Act of 1968 (12 U.S.C. 1701x(a)(4)) is amended--
            (1) in subparagraph (A)--
                    (A) by striking ``and'' and inserting a comma; and
                    (B) by inserting before the period at the end the 
                following: ``, Indian tribes, and tribally designated 
                housing entities'';
            (2) in subparagraph (B), by inserting ``, Indian tribes, 
        and tribally designated housing entities'' after 
        ``organizations)'';
            (3) by redesignating subparagraph (F) as subparagraph (G); 
        and
            (4) by inserting after subparagraph (E) the following:
                    ``(F) Definitions.--In this paragraph, the terms 
                `Indian tribe' and `tribally designated housing entity' 
                have the meanings given those terms in section 4 of the 
                Native American Housing Assistance and Self-
                Determination Act of 1996 (25 U.S.C. 4103).''.

             section 184 indian home loan guarantee program

    Sec. 619. (a) In General.--Section 184(b)(4) of the Housing and 
Community Development Act of 1992 (12 U.S.C. 1715z-13a(b)(4)) is 
amended by--
            (1) redesignating subparagraphs (A) through (D) as clauses 
        (i) through (iv), respectively, and adjusting the margins 
        accordingly;
            (2) by striking ``The loan'' and inserting the following:
                    ``(A) In general.--The loan'';
            (3) in subparagraph (A), as so designated, by adding at the 
        end the following:
                            ``(v) Any entity certified as a community 
                        development financial institution by the 
                        Community Development Financial Institutions 
                        Fund established under section 104(a) of the 
                        Riegle Community Development and Regulatory 
                        Improvement Act of 1994 (12 U.S.C. 4703(a)).''; 
                        and
            (4) by adding at the end the following:
                    ``(B) Direct guarantee process.--
                            ``(i) Authorization.--The Secretary may 
                        authorize qualifying lenders to participate in 
                        a direct guarantee process for approving loans 
                        under this section.
                            ``(ii) Indemnification.--
                                    ``(I) In general.--If the Secretary 
                                determines that a mortgage guaranteed 
                                through a direct guarantee process 
                                under this subparagraph was not 
                                originated in accordance with the 
                                requirements established by the 
                                Secretary, the Secretary may require 
                                the lender approved under this 
                                subparagraph to indemnify the Secretary 
                                for the loss, irrespective of whether 
                                the violation caused the mortgage 
                                default.
                                    ``(II) Fraud or 
                                misrepresentation.--If fraud or 
                                misrepresentation is involved in a 
                                direct guarantee process under this 
                                subparagraph, the Secretary shall 
                                require the original lender approved 
                                under this subparagraph to indemnify 
                                the Secretary for the loss regardless 
                                of when an insurance claim is paid.
                    ``(C) Review of mortgagees.--
                            ``(i) In general.--The Secretary may 
                        periodically review the mortgagees originating, 
                        underwriting, or servicing single family 
                        mortgage loans under this section.
                            ``(ii) Requirements.--In conducting a 
                        review under clause (i), the Secretary--
                                    ``(I) shall compare the mortgagee 
                                with other mortgagees originating or 
                                underwriting loan guarantees for Indian 
                                housing based on the rates of defaults 
                                and claims for guaranteed mortgage 
                                loans originated, underwritten, or 
                                serviced by that mortgagee;
                                    ``(II) may compare the mortgagee 
                                with such other mortgagees based on 
                                underwriting quality, geographic area 
                                served, or any commonly used factors 
                                the Secretary determines necessary for 
                                comparing mortgage default risk, 
                                provided that the comparison is of 
                                factors that the Secretary would expect 
                                to affect the default risk of mortgage 
                                loans guaranteed by the Secretary;
                            ``(iii) shall implement such comparisons by 
                        regulation, notice, or mortgagee letter; and
                                    ``(I) may terminate the approval of 
                                a mortgagee to originate, underwrite, 
                                or service loan guarantees for housing 
                                under this section if the Secretary 
                                determines that the mortgage loans 
                                originated, underwritten, or serviced 
                                by the mortgagee present an 
                                unacceptable risk to the Indian Housing 
                                Loan Guarantee Fund established under 
                                subsection (i)--
                                            ``(aa) based on a 
                                        comparison of any of the 
                                        factors set forth in this 
                                        subparagraph; or
                                            ``(bb) by a determination 
                                        that the mortgagee engaged in 
                                        fraud or misrepresentation.''.
    (b) Loan Guarantees for Indian Housing.--Section 184(i)(5) of the 
Housing and Community Development Act of 1992 (12 U.S.C. 1715z-
13a(i)(5)) is amended--
            (1) in subparagraph (B), by inserting after the first 
        sentence the following: ``There are authorized to be 
        appropriated for those costs such sums as may be necessary for 
        each of fiscal years 2022 through 2032.''; and
            (2) in subparagraph (C), by striking ``2008 through 2012'' 
        and inserting ``2022 through 2032''.

              loan guarantees for native hawaiian housing

    Sec. 620.  Section 184A of the Housing and Community Development 
Act of 1992 (12 U.S.C. 1715z-13b) is amended--
            (1) in subsection (c)(4)(B)--
                    (A) by redesignating clause (iv) as clause (v); and
                    (B) by adding after clause (iii) the following:
                            ``(iv) Any entity certified as a community 
                        development financial institution by the 
                        Community Development Financial Institutions 
                        Fund established under section 104(a) of the 
                        Riegle Community Development and Regulatory 
                        Improvement Act of 1994 (12 U.S.C. 4703(a)).''; 
                        and
            (2) in subsection (j)(5)(B), by inserting after the first 
        sentence the following: ``There are authorized to be 
        appropriated for those costs such sums as may be necessary for 
        each of fiscal years 2022 through 2032.''.

                 assistant secretary for indian housing

    Sec. 621.  The Department of Housing and Urban Development Act (42 
U.S.C. 3531 et seq.) is amended--
            (1) in section 4 (42 U.S.C. 3533)--
                    (A) in subsection (a)(1), by striking ``7'' and 
                inserting ``8''; and
                    (B) in subsection (e)--
                            (i) by redesignating paragraph (2) as 
                        paragraph (4); and
                            (ii) by striking ``(e)(1)(A) There'' and 
                        all that follows through the end of paragraph 
                        (1) and inserting the following:
    ``(e)(1) There is established within the Department the Office of 
Native American Programs (in this subsection referred to as the 
`Office') to be headed by an Assistant Secretary for Native American 
Programs (in this subsection referred to as the `Assistant Secretary'), 
who shall be 1 of the Assistant Secretaries in subsection (a)(1).
    ``(2) The Assistant Secretary shall be responsible for--
            ``(A) administering, in coordination with the relevant 
        office in the Department, the provision of housing assistance 
        to Indian tribes or Indian housing authorities under each 
        program of the Department that provides for such assistance;
            ``(B) administering the community development block grant 
        program for Indian tribes under title I of the Housing and 
        Community Development Act of 1974 (42 U.S.C. 5301 et seq.) and 
        the provision of assistance to Indian tribes under such Act;
            ``(C) directing, coordinating, and assisting in managing 
        any regional offices of the Department that administer Indian 
        programs to the extent of such programs; and
            ``(D) coordinating all programs of the Department relating 
        to Indian and Alaska Native housing and community development.
    ``(3) The Secretary shall include in the annual report under 
section 8 a description of the extent of the housing needs for Indian 
families and community development needs of Indian tribes in the United 
States and the activities of the Department, and extent of such 
activities, in meeting such needs.''; and
            (2) in section 8 (42 U.S.C. 3536), by striking ``section 
        4(e)(2)'' and inserting ``section 4(e)(4)''.

                        drug elimination program

    Sec. 622. (a) Definitions.--In this section:
            (1) Controlled substance.--The term ``controlled 
        substance'' has the meaning given the term in section 102 of 
        the Controlled Substances Act (21 U.S.C. 802).
            (2) Drug-related crime.--The term ``drug-related crime'' 
        means the illegal manufacture, sale, distribution, use, or 
        possession with intent to manufacture, sell, distribute, or use 
        a controlled substance.
            (3) Recipient.--The term ``recipient''--
                    (A) has the meaning given the term in section 4 of 
                the Native American Housing Assistance and Self-
                Determination Act of 1996 (25 U.S.C. 4103); and
                    (B) includes a recipient of funds under title VIII 
                of that Act (25 U.S.C. 4221 et seq.).
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of Housing and Urban Development.
    (b) Establishment.--The Secretary may make grants under this 
section to recipients of assistance under the Native American Housing 
Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101 et seq.) 
for use in eliminating drug-related and violent crime.
    (c) Eligible Activities.--Grants under this section may be used 
for--
            (1) the employment of security personnel;
            (2) reimbursement of State, local, Tribal, or Bureau of 
        Indian Affairs law enforcement agencies for additional security 
        and protective services;
            (3) physical improvements which are specifically designed 
        to enhance security;
            (4) the employment of 1 or more individuals--
                    (A) to investigate drug-related or violent crime in 
                and around the real property comprising housing 
                assisted under the Native American Housing Assistance 
                and Self-Determination Act of 1996 (25 U.S.C. 4101 et 
                seq.); and
                    (B) to provide evidence relating to such crime in 
                any administrative or judicial proceeding;
            (5) the provision of training, communications equipment, 
        and other related equipment for use by voluntary tenant patrols 
        acting in cooperation with law enforcement officials;
            (6) programs designed to reduce use of drugs in and around 
        housing communities funded under the Native American Housing 
        Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101 
        et seq.), including drug-abuse prevention, intervention, 
        referral, and treatment programs;
            (7) providing funding to nonprofit resident management 
        corporations and resident councils to develop security and drug 
        abuse prevention programs involving site residents;
            (8) sports programs and sports activities that serve 
        primarily youths from housing communities funded through and 
        are operated in conjunction with, or in furtherance of, an 
        organized program or plan designed to reduce or eliminate drugs 
        and drug-related problems in and around those communities; and
            (9) other programs for youth in school settings that 
        address drug prevention and positive alternatives for youth, 
        including education and activities related to science, 
        technology, engineering, and math.
    (d) Applications.--
            (1) In general.--To receive a grant under this subsection, 
        an eligible applicant shall submit an application to the 
        Secretary, at such time, in such manner, and accompanied by--
                    (A) a plan for addressing the problem of drug-
                related or violent crime in and around of the housing 
                administered or owned by the applicant for which the 
                application is being submitted; and
                    (B) such additional information as the Secretary 
                may reasonably require.
            (2) Criteria.--The Secretary shall approve applications 
        submitted under paragraph (1) on the basis of thresholds or 
        criteria such as--
                    (A) the extent of the drug-related or violent crime 
                problem in and around the housing or projects proposed 
                for assistance;
                    (B) the quality of the plan to address the crime 
                problem in the housing or projects proposed for 
                assistance, including the extent to which the plan 
                includes initiatives that can be sustained over a 
                period of several years;
                    (C) the capability of the applicant to carry out 
                the plan; and
                    (D) the extent to which tenants, the Tribal 
                government, and the Tribal community support and 
                participate in the design and implementation of the 
                activities proposed to be funded under the application.
    (e) High Intensity Drug Trafficking Areas.--In evaluating the 
extent of the drug-related crime problem pursuant to subsection (d)(2), 
the Secretary may consider whether housing or projects proposed for 
assistance are located in a high intensity drug trafficking area 
designated pursuant to section 707(b) of the Office of National Drug 
Control Policy Reauthorization Act of 1998 (21 U.S.C. 1706(b)).
    (f) Reports.--
            (1) Grantee reports.--The Secretary shall require grantees 
        under this section to provide periodic reports that include the 
        obligation and expenditure of grant funds, the progress made by 
        the grantee in implementing the plan described in subsection 
        (d)(1)(A), and any change in the incidence of drug-related 
        crime in projects assisted under section.
            (2) HUD reports.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary shall submit to Congress a 
        report describing the system used to distribute funding to 
        grantees under this section, which shall include descriptions 
        of--
                    (A) the methodology used to distribute amounts made 
                available under this section; and
                    (B) actions taken by the Secretary to ensure that 
                amounts made available under section are not used to 
                fund baseline local government services, as described 
                in subsection (h)(2).
    (g) Notice of Funding Awards.--The Secretary shall publish on the 
website of the Department a notice of all grant awards made pursuant to 
section, which shall identify the grantees and the amount of the 
grants.
    (h) Monitoring.--
            (1) In general.--The Secretary shall audit and monitor the 
        program funded under this subsection to ensure that assistance 
        provided under this subsection is administered in accordance 
        with the provisions of section.
            (2) Prohibition of funding baseline services.--
                    (A) In general.--Amounts provided under this 
                section may not be used to reimburse or support any 
                local law enforcement agency or unit of general local 
                government for the provision of services that are 
                included in the baseline of services required to be 
                provided by any such entity pursuant to a local 
                cooperative agreement pursuant under the Indian Self-
                Determination and Education Assistance Act (25 U.S.C. 
                5301 et seq.) or any provision of an annual 
                contributions contract for payments in lieu of taxation 
                with the Bureau of Indian Affairs.
                    (B) Description.--Each grantee under this section 
                shall describe, in the report under subsection (f)(1), 
                such baseline of services for the unit of Tribal 
                government in which the jurisdiction of the grantee is 
                located.
            (3) Enforcement.--The Secretary shall provide for the 
        effective enforcement of this section, as specified in the 
        program requirements published in a notice by the Secretary, 
        which may include--
                    (A) the use of on-site monitoring, independent 
                public audit requirements, certification by Tribal or 
                Federal law enforcement or Tribal government officials 
                regarding the performance of baseline services referred 
                to in paragraph (2);
                    (B) entering into agreements with the Attorney 
                General to achieve compliance, and verification of 
                compliance, with the provisions of this section; and
                    (C) adopting enforcement authority that is 
                substantially similar to the authority provided to the 
                Secretary under the Native American Housing Assistance 
                and Self-Determination Act of 1996 (25 U.S.C. 4101 et 
                seq.)
    (i) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary for each fiscal years 2022 
through 2032 to carry out this section.

       rental assistance for homeless or at-risk indian veterans

    Sec. 623.  Section 8(o)(19) of the United States Housing Act of 
1937 (42 U.S.C. 1437f(o)(19)) is amended by adding at the end the 
following:
                    ``(E) Indian veterans housing rental assistance 
                program.--
                            ``(i) Definitions.--In this subparagraph:
                                    ``(I) Eligible indian veteran.--The 
                                term `eligible Indian veteran' means an 
                                Indian veteran who is--
                                            ``(aa) homeless or at risk 
                                        of homelessness; and
                                            ``(bb) living--

                                                    ``(AA) on or near a 
                                                reservation; or

                                                    ``(BB) in or near 
                                                any other Indian area.

                                    ``(II) Eligible recipient.--The 
                                term `eligible recipient' means a 
                                recipient eligible to receive a grant 
                                under section 101 of the Native 
                                American Housing Assistance and Self-
                                Determination Act of 1996 (25 U.S.C. 
                                4111).
                                    ``(III) Indian; indian area.--The 
                                terms `Indian' and `Indian area' have 
                                the meanings given those terms in 
                                section 4 of the Native American 
                                Housing Assistance and Self-
                                Determination Act of 1996 (25 U.S.C. 
                                4103).
                                    ``(IV) Indian veteran.--The term 
                                `Indian veteran' means an Indian who is 
                                a veteran.
                                    ``(V) Program.--The term `Program' 
                                means the Tribal HUD-VASH program 
                                carried out under clause (ii).
                                    ``(VI) Tribal organization.--The 
                                term `tribal organization' has the 
                                meaning given the term in section 4 of 
                                the Indian Self-Determination and 
                                Education Assistance Act (25 U.S.C. 
                                5304).
                            ``(ii) Program specifications.--The 
                        Secretary shall use not less than 5 percent of 
                        the amounts made available for rental 
                        assistance under this paragraph to carry out a 
                        rental assistance and supported housing 
                        program, to be known as the `Tribal HUD-VASH 
                        program', in conjunction with the Secretary of 
                        Veterans Affairs, by awarding grants for the 
                        benefit of eligible Indian veterans.
                            ``(iii) Model.--
                                    ``(I) In general.--Except as 
                                provided in subclause (II), the 
                                Secretary shall model the Program on 
                                the rental assistance and supported 
                                housing program authorized under 
                                subparagraph (A) and applicable 
                                appropriations Acts, including 
                                administration in conjunction with the 
                                Secretary of Veterans Affairs.
                                    ``(II) Exceptions.--
                                            ``(aa) Secretary of housing 
                                        and urban development.--After 
                                        consultation with Indian 
                                        tribes, eligible recipients, 
                                        and any other appropriate 
                                        tribal organizations, the 
                                        Secretary may make necessary 
                                        and appropriate modifications 
                                        to facilitate the use of the 
                                        Program by eligible recipients 
                                        to serve eligible Indian 
                                        veterans.
                                            ``(bb) Secretary of 
                                        veterans affairs.--After 
                                        consultation with Indian 
                                        tribes, eligible recipients, 
                                        and any other appropriate 
                                        tribal organizations, the 
                                        Secretary of Veterans Affairs 
                                        may make necessary and 
                                        appropriate modifications to 
                                        facilitate the use of the 
                                        Program by eligible recipients 
                                        to serve eligible Indian 
                                        veterans.
                            ``(iv) Eligible recipients.--The Secretary 
                        shall make amounts for rental assistance and 
                        associated administrative costs under the 
                        Program available in the form of grants to 
                        eligible recipients.
                            ``(v) Funding criteria.--The Secretary 
                        shall award grants under the Program based on--
                                    ``(I) need;
                                    ``(II) administrative capacity; and
                                    ``(III) any other funding criteria 
                                established by the Secretary in a 
                                notice published in the Federal 
                                Register after consulting with the 
                                Secretary of Veterans Affairs.
                            ``(vi) Administration.--Grants awarded 
                        under the Program shall be administered in 
                        accordance with the Native American Housing 
                        Assistance and Self-Determination Act of 1996 
                        (25 U.S.C. 4101 et seq.), except that 
                        recipients shall--
                                    ``(I) submit to the Secretary, in a 
                                manner prescribed by the Secretary, 
                                reports on the utilization of rental 
                                assistance provided under the Program; 
                                and
                                    ``(II) provide to the Secretary 
                                information specified by the Secretary 
                                to assess the effectiveness of the 
                                Program in serving eligible Indian 
                                veterans.
                            ``(vii) Consultation.--
                                    ``(I) Grant recipients; tribal 
                                organizations.--The Secretary, in 
                                coordination with the Secretary of 
                                Veterans Affairs, shall consult with 
                                eligible recipients and any other 
                                appropriate tribal organization on the 
                                design of the Program to ensure the 
                                effective delivery of rental assistance 
                                and supportive services to eligible 
                                Indian veterans under the Program.
                                    ``(II) Indian health service.--The 
                                Director of the Indian Health Service 
                                shall provide any assistance requested 
                                by the Secretary or the Secretary of 
                                Veterans Affairs in carrying out the 
                                Program.
                            ``(viii) Waiver.--
                                    ``(I) In general.--Except as 
                                provided in subclause (II), the 
                                Secretary may waive or specify 
                                alternative requirements for any 
                                provision of law (including 
                                regulations) that the Secretary 
                                administers in connection with the use 
                                of rental assistance made available 
                                under the Program if the Secretary 
                                finds that the waiver or alternative 
                                requirement is necessary for the 
                                effective delivery and administration 
                                of rental assistance under the Program 
                                to eligible Indian veterans.
                                    ``(II) Exception.--The Secretary 
                                may not waive or specify alternative 
                                requirements under subclause (I) for 
                                any provision of law (including 
                                regulations) relating to labor 
                                standards or the environment.
                            ``(ix) Renewal grants.--The Secretary may--
                                    ``(I) set aside, from amounts made 
                                available for tenant-based rental 
                                assistance under this subsection and 
                                without regard to the amounts used for 
                                new grants under clause (ii), such 
                                amounts as may be necessary to award 
                                renewal grants to eligible recipients 
                                that received a grant under the Program 
                                in a previous year; and
                                    ``(II) specify criteria that an 
                                eligible recipient must satisfy to 
                                receive a renewal grant under subclause 
                                (I), including providing data on how 
                                the eligible recipient used the amounts 
                                of any grant previously received under 
                                the Program.
                            ``(x) Reporting.--
                                    ``(I) In general.--Not later than 1 
                                year after the date of enactment of 
                                this subparagraph, and every 5 years 
                                thereafter, the Secretary, in 
                                coordination with the Secretary of 
                                Veterans Affairs and the Director of 
                                the Indian Health Service, shall--
                                            ``(aa) conduct a review of 
                                        the implementation of the 
                                        Program, including any factors 
                                        that may have limited its 
                                        success; and
                                            ``(bb) submit a report 
                                        describing the results of the 
                                        review under item (aa) to--

                                                    ``(AA) the 
                                                Committee on Indian 
                                                Affairs, the Committee 
                                                on Banking, Housing, 
                                                and Urban Affairs, the 
                                                Committee on Veterans' 
                                                Affairs, and the 
                                                Committee on 
                                                Appropriations of the 
                                                Senate; and

                                                    ``(BB) the 
                                                Subcommittee on Indian, 
                                                Insular and Alaska 
                                                Native Affairs of the 
                                                Committee on Natural 
                                                Resources, the 
                                                Committee on Financial 
                                                Services, the Committee 
                                                on Veterans' Affairs, 
                                                and the Committee on 
                                                Appropriations of the 
                                                House of 
                                                Representatives.

                                    ``(II) Analysis of housing stock 
                                limitation.--The Secretary shall 
                                include in the initial report submitted 
                                under subclause (I) a description of--
                                            ``(aa) any regulations 
                                        governing the use of formula 
                                        current assisted stock (as 
                                        defined in section 1000.314 of 
                                        title 24, Code of Federal 
                                        Regulations (or any successor 
                                        regulation)) within the 
                                        Program;
                                            ``(bb) the number of 
                                        recipients of grants under the 
                                        Program that have reported the 
                                        regulations described in item 
                                        (aa) as a barrier to 
                                        implementation of the Program; 
                                        and
                                            ``(cc) proposed alternative 
                                        legislation or regulations 
                                        developed by the Secretary in 
                                        consultation with recipients of 
                                        grants under the Program to 
                                        allow the use of formula 
                                        current assisted stock within 
                                        the Program.''.

                               leveraging

    Sec. 624.  All funds provided under a grant made pursuant to this 
division or the amendments made by this division may be used for 
purposes of meeting matching or cost participation requirements under 
any other Federal or non-Federal program, provided that such grants 
made pursuant to the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4101 et seq.) are spent in 
accordance with that Act.
    This Act may be cited as the ``Transportation, Housing and Urban 
Development, and Related Agencies Appropriations Act, 2023''.
                                 <all>