II Calendar No. 143 118THCONGRESS 1 STSESSION S. 2437 [Report No. 118–70] Making appropriations for the Departments of Transportation, and Housing and Urban Development, and related agencies for the fiscal year ending September 30, 2024, and for other purposes. IN THE SENATE OF THE UNITED STATES JULY20, 2023 Mr. S CHATZ, from the Committee on Appropriations, reported the following original bill; which was read twice and placed on the calendar A BILL Making appropriations for the Departments of Transpor- tation, and Housing and Urban Development, and re- lated agencies for the fiscal year ending September 30, 2024, and for other purposes. Be it enacted by the Senate and House of Representa-1 tives of the United States of America in Congress assembled, 2 That the following sums are appropriated, out of any 3 money in the Treasury not otherwise appropriated, for the 4 Departments of Transportation, and Housing and Urban 5 2 •S 2437 RS Development, and related agencies for the fiscal year end-1 ing September 30, 2024, and for other purposes, namely: 2 TITLE I 3 DEPARTMENT OF TRANSPORTATION 4 O FFICE OF THESECRETARY 5 SALARIES AND EXPENSES 6 For necessary expenses of the Office of the Secretary, 7 $191,295,000: Provided, That of the sums appropriated 8 under this heading— 9 (1) $3,770,000 shall be available for the imme-10 diate Office of the Secretary; 11 (2) $1,370,000 shall be available for the imme-12 diate Office of the Deputy Secretary; 13 (3) $32,272,000 shall be available for the Office 14 of the General Counsel; 15 (4) $20,064,000 shall be available for the Office 16 of the Under Secretary of Transportation for Policy, 17 of which $2,000,000 is for the Office for Multimodal 18 Freight Infrastructure and Policy: Provided, That 19 the Secretary must obtain reprogramming approval 20 from the House and Senate Committees on Appro-21 priations under section 405 of this Act prior to exe-22 cuting the authorities of section 118(g)(2)–(3) of 23 title 49, United States Code; 24 3 •S 2437 RS (5) $22,724,000 shall be available for the Office 1 of the Assistant Secretary for Budget and Pro-2 grams; 3 (6) $7,138,000,000 shall be available for the 4 Office of the Assistant Secretary for Governmental 5 Affairs; 6 (7) $43,284,000 shall be available for the Office 7 of the Assistant Secretary for Administration; 8 (8) $6,244,000 shall be available for the Office 9 of Public Affairs and Public Engagement; 10 (9) $2,515,000 shall be available for the Office 11 of the Executive Secretariat; 12 (10) $16,506,000 shall be available for the Of-13 fice of Intelligence, Security, and Emergency Re-14 sponse; 15 (11) $33,879,000 shall be available for the Of-16 fice of the Chief Information Officer; and 17 (12) $1,529,000 shall be available for the Office 18 of Tribal Government Affairs: 19 Provided further, That the Secretary of Transportation 20 (referred to in this title as the ‘‘Secretary’’) is authorized 21 to transfer funds appropriated for any office of the Office 22 of the Secretary to any other office of the Office of the 23 Secretary: Provided further, That no appropriation for any 24 office shall be increased or decreased by more than 7 per-25 4 •S 2437 RS cent by all such transfers: Provided further, That notice 1 of any change in funding greater than 7 percent shall be 2 submitted for approval to the House and Senate Commit-3 tees on Appropriations: Provided further, That not to ex-4 ceed $70,000 shall be for allocation within the Department 5 for official reception and representation expenses as the 6 Secretary may determine: Provided further, That notwith-7 standing any other provision of law, there may be credited 8 to this appropriation up to $2,500,000 in funds received 9 in user fees. 10 RESEARCH AND TECHNOLOGY 11 For necessary expenses related to the Office of the 12 Assistant Secretary for Research and Technology, 13 $51,358,000, of which $35,745,000 shall remain available 14 until expended: Provided, That of such amounts that are 15 available until expended, $14,750,000 shall be for nec-16 essary expenses of the Advanced Research Projects Agen-17 cy—Infrastructure (ARPA–I) as authorized by section 18 119 of title 49, United States Code: Provided further, That 19 within the funds made available under the previous pro-20 viso, not less than $8,000,000 shall be available for re-21 search on durability, resiliency, and sustainability of 22 bridges and other infrastructure and shall be directed to 23 an accredited university of higher education in the north-24 east United States that has experience leading a regional 25 5 •S 2437 RS University Transportation Center and a proven record of 1 developing, patenting, deploying, and commercializing in-2 novative composite materials and technologies for bridge 3 and other transportation applications, as well as con-4 ducting research and developing prototypes using very 5 large-scale polymer-based additive manufacturing: Pro-6 vided further, That there may be credited to this appro-7 priation, to be available until expended, funds received 8 from States, counties, municipalities, other public authori-9 ties, and private sources for expenses incurred for train-10 ing: Provided further, That any reference in law, regula-11 tion, judicial proceedings, or elsewhere to the Research 12 and Innovative Technology Administration shall continue 13 to be deemed to be a reference to the Office of the Assist-14 ant Secretary for Research and Technology of the Depart-15 ment of Transportation. 16 NATIONAL INFRASTRUCTURE INVESTMENTS 17 (INCLUDING TRANSFER OF FUNDS) 18 For necessary expenses to carry out a local and re-19 gional project assistance grant program under section 20 6702 of title 49, United States Code, $800,000,000, to 21 remain available until expended: Provided, That section 22 6702(f)(2) of title 49, United States Code, shall not apply 23 to amounts made available under this heading in this Act: 24 Provided further, That of the amounts made available 25 6 •S 2437 RS under this heading in this Act, not less than $20,000,000 1 shall be awarded to projects in historically disadvantaged 2 communities or areas of persistent poverty as defined 3 under section 6702(a)(1) of title 49, United States Code: 4 Provided further, That section 6702(g) of title 49, United 5 States Code, shall not apply to amounts made available 6 under this heading in this Act: Provided further, That of 7 the amounts made available under this heading in this 8 Act, not less than 5 percent shall be made available for 9 the planning, preparation, or design of eligible projects: 10 Provided further, That grants awarded under this heading 11 in this Act for eligible projects for planning, preparation, 12 or design shall not be subject to a minimum grant size: 13 Provided further, That in distributing amounts made avail-14 able under this heading in this Act, the Secretary shall 15 take such measures so as to ensure an equitable geo-16 graphic distribution of funds, an appropriate balance in 17 addressing the needs of urban and rural areas, including 18 Tribal areas, and the investment in a variety of transpor-19 tation modes: Provided further, That section 20 6702(c)(2)(C) of title 49, United States Code, shall not 21 apply to amounts made available under this heading in 22 this Act: Provided further, That a grant award under this 23 heading in this Act shall be not greater than $45,000,000: 24 Provided further, That section 6702(c)(3) of title 49, 25 7 •S 2437 RS United States Code, shall not apply to amounts made 1 available under this heading in this Act: Provided further, 2 That not more than 15 percent of the amounts made avail-3 able under this heading in this Act may be awarded to 4 projects in a single State: Provided further, That for 5 amounts made available under this heading in this Act, 6 the Secretary shall give priority to projects that require 7 a contribution of Federal funds in order to complete an 8 overall financing package: Provided further, That section 9 6702(f)(1) of title 49, United States Code, shall not apply 10 to amounts made available under this heading in this Act: 11 Provided further, That of the amounts awarded under this 12 heading in this Act, not more than 50 percent shall be 13 allocated for eligible projects located in rural areas and 14 not more than 50 percent shall be allocated for eligible 15 projects located in urbanized areas: Provided further, That 16 for the purpose of determining if an award for planning, 17 preparation, or design under this heading in this Act is 18 an urban award, the project location is the location of the 19 project being planned, prepared, or designed: Provided fur-20 ther, That the Secretary may retain up to 2 percent of 21 the amounts made available under this heading in this 22 Act, and may transfer portions of such amounts to the 23 Administrators of the Federal Aviation Administration, 24 the Federal Highway Administration, the Federal Transit 25 8 •S 2437 RS Administration, the Federal Railroad Administration and 1 the Maritime Administration to fund the award and over-2 sight of grants and credit assistance made under the pro-3 gram authorized under section 6702 of title 49, United 4 States Code: Provided further, That for amounts made 5 available under this heading in this Act, the Secretary 6 shall consider and award projects based solely on the selec-7 tion criteria as identified under section 6702(d)(3) and 8 (d)(4) of title 49, United States Code. 9 NATIONAL SURFACE TRANSPORTATION AND INNOVATIVE 10 FINANCE BUREAU 11 For necessary expenses of the National Surface 12 Transportation and Innovative Finance Bureau as author-13 ized by 49 U.S.C. 116, $9,558,000, to remain available 14 until expended: Provided, That the Secretary may collect 15 and spend fees, as authorized by title 23, United States 16 Code, to cover the costs of services of expert firms, includ-17 ing counsel, in the field of municipal and project finance 18 to assist in the underwriting and servicing of Federal cred-19 it instruments and all or a portion of the costs to the Fed-20 eral Government of servicing such credit instruments: Pro-21 vided further, That such fees are available until expended 22 to pay for such costs: Provided further, That such amounts 23 are in addition to other amounts made available for such 24 purposes and are not subject to any obligation limitation 25 9 •S 2437 RS or the limitation on administrative expenses under section 1 608 of title 23, United States Code. 2 RURAL AND TRIBAL INFRASTRUCTURE ADVANCEMENT 3 For necessary expenses to carry out rural and Tribal 4 infrastructure advancement as authorized in section 5 21205 of Public Law 117–58, $25,000,000, to remain 6 available until September 30, 2026: Provided, That the 7 Secretary may enter into cooperative agreements with 8 philanthropic entities, non-profit organizations, other Fed-9 eral agencies, State or local governments and their agen-10 cies, Indian Tribes, or other technical assistance providers, 11 to provide such technical assistance, planning, and capac-12 ity building to State, local, or Tribal governments, United 13 States territories, metropolitan planning organizations, 14 transit agencies, or other political subdivisions of State or 15 local governments. 16 RAILROAD REHABILITATION AND IMPROVEMENT 17 FINANCING PROGRAM 18 The Secretary is authorized to issue direct loans and 19 loan guarantees pursuant to chapter 224 of title 49, 20 United States Code, and such authority shall exist as long 21 as any such direct loan or loan guarantee is outstanding. 22 FINANCIAL MANAGEMENT CAPITAL 23 For necessary expenses for upgrading and enhancing 24 the Department of Transportation’s financial systems and 25 10 •S 2437 RS re-engineering business processes, $5,000,000, to remain 1 available through September 30, 2025. 2 CYBER SECURITY INITIATIVES 3 For necessary expenses for cyber security initiatives, 4 including necessary upgrades to network and information 5 technology infrastructure, improvement of identity man-6 agement and authentication capabilities, securing and pro-7 tecting data, implementation of Federal cyber security ini-8 tiatives, and implementation of enhanced security controls 9 on agency computers and mobile devices, $49,000,000, to 10 remain available until September 30, 2025. 11 OFFICE OF CIVIL RIGHTS 12 For necessary expenses of the Office of Civil Rights, 13 $18,228,000. 14 TRANSPORTATION PLANNING , RESEARCH, AND 15 DEVELOPMENT 16 (INCLUDING TRANSFER OF FUNDS) 17 For necessary expenses for conducting transportation 18 planning, research, systems development, development ac-19 tivities, and making grants, $24,069,000, to remain avail-20 able until expended: Provided, That of such amount, 21 $5,436,000 shall be for necessary expenses of the Inter-22 agency Infrastructure Permitting Improvement Center 23 (IIPIC): Provided further, That there may be transferred 24 to this appropriation, to remain available until expended, 25 11 •S 2437 RS amounts transferred from other Federal agencies for ex-1 penses incurred under this heading for IIPIC activities not 2 related to transportation infrastructure: Provided further, 3 That the tools and analysis developed by the IIPIC shall 4 be available to other Federal agencies for the permitting 5 and review of major infrastructure projects not related to 6 transportation only to the extent that other Federal agen-7 cies provide funding to the Department in accordance with 8 the preceding proviso: Provided further, That of the 9 amounts made available under this heading, $3,443,000 10 shall be made available for the purposes, and in amounts, 11 specified for Congressionally Directed Spending in the 12 table entitled ‘‘Congressionally Directed Spending’’ in-13 cluded in the report accompanying this Act. 14 WORKING CAPITAL FUND 15 (INCLUDING TRANSFER OF FUNDS) 16 For necessary expenses for operating costs and cap-17 ital outlays of the Working Capital Fund, not to exceed 18 $522,165,000, shall be paid from appropriations made 19 available to the Department of Transportation: Provided, 20 That such services shall be provided on a competitive basis 21 to entities within the Department of Transportation: Pro-22 vided further, That the limitation in the preceding proviso 23 on operating expenses shall not apply to entities external 24 to the Department of Transportation or for funds pro-25 12 •S 2437 RS vided in Public Law 117–58: Provided further, That no 1 funds made available by this Act to an agency of the De-2 partment shall be transferred to the Working Capital 3 Fund without majority approval of the Working Capital 4 Fund Steering Committee and approval of the Secretary: 5 Provided further, That no assessments may be levied 6 against any program, budget activity, subactivity, or 7 project funded by this Act unless notice of such assess-8 ments and the basis therefor are presented to the House 9 and Senate Committees on Appropriations and are ap-10 proved by such Committees. 11 SMALL AND DISADVANTAGED BUSINESS UTILIZATION AND 12 OUTREACH 13 For necessary expenses for small and disadvantaged 14 business utilization and outreach activities, $5,330,000, to 15 remain available until September 30, 2025: Provided, 16 That notwithstanding section 332 of title 49, United 17 States Code, such amounts may be used for business op-18 portunities related to any mode of transportation: Pro-19 vided further, That appropriations made available under 20 this heading shall be available for any purpose consistent 21 with prior year appropriations that were made available 22 under the heading ‘‘Office of the Secretary—Minority 23 Business Resource Center Program’’. 24 13 •S 2437 RS PAYMENTS TO AIR CARRIERS 1 (AIRPORT AND AIRWAY TRUST FUND) 2 In addition to funds made available from any other 3 source to carry out the essential air service program under 4 sections 41731 through 41742 of title 49, United States 5 Code, $348,554,000, to be derived from the Airport and 6 Airway Trust Fund, to remain available until expended: 7 Provided, That in determining between or among carriers 8 competing to provide service to a community, the Sec-9 retary may consider the relative subsidy requirements of 10 the carriers: Provided further, That basic essential air 11 service minimum requirements shall not include the 15- 12 passenger capacity requirement under section 41732(b)(3) 13 of title 49, United States Code: Provided further, That 14 amounts authorized to be distributed for the essential air 15 service program under section 41742(b) of title 49, United 16 States Code, shall be made available immediately from 17 amounts otherwise provided to the Administrator of the 18 Federal Aviation Administration: Provided further, That 19 the Administrator may reimburse such amounts from fees 20 credited to the account established under section 45303 21 of title 49, United States Code: Provided further, That, 22 notwithstanding section 41733 of title 49, United States 23 Code, for fiscal year 2024, the requirements established 24 under subparagraphs (B) and (C) of section 41731(a)(1) 25 14 •S 2437 RS of title 49, United States Code, and the subsidy cap estab-1 lished by section 332 of the Department of Transportation 2 and Related Agencies Appropriations Act, 2000, shall not 3 apply to maintain eligibility under section 41731 of title 4 49, United States Code. 5 ADMINISTRATIVE PROVISIONS —OFFICE OF THE 6 SECRETARY OF TRANSPORTATION 7 (INCLUDING RESCISSIONS) 8 (INCLUDING TRANSFER OF FUNDS) 9 S EC. 101. None of the funds made available by this 10 Act to the Department of Transportation may be obligated 11 for the Office of the Secretary of Transportation to ap-12 prove assessments or reimbursable agreements pertaining 13 to funds appropriated to the operating administrations in 14 this Act, except for activities underway on the date of en-15 actment of this Act, unless such assessments or agree-16 ments have completed the normal reprogramming process 17 for congressional notification. 18 S EC. 102. The Secretary shall post on the web site 19 of the Department of Transportation a schedule of all 20 meetings of the Council on Credit and Finance, including 21 the agenda for each meeting, and require the Council on 22 Credit and Finance to record the decisions and actions 23 of each meeting. 24 15 •S 2437 RS SEC. 103. In addition to authority provided by section 1 327 of title 49, United States Code, the Department’s 2 Working Capital Fund is authorized to provide partial or 3 full payments in advance and accept subsequent reim-4 bursements from all Federal agencies from available funds 5 for transit benefit distribution services that are necessary 6 to carry out the Federal transit pass transportation fringe 7 benefit program under Executive Order No. 13150 and 8 section 3049 of SAFETEA–LU (5 U.S.C. 7905 note): 9 Provided, That the Department shall maintain a reason-10 able operating reserve in the Working Capital Fund, to 11 be expended in advance to provide uninterrupted transit 12 benefits to Government employees: Provided further, That 13 such reserve shall not exceed 1 month of benefits payable 14 and may be used only for the purpose of providing for 15 the continuation of transit benefits: Provided further, That 16 the Working Capital Fund shall be fully reimbursed by 17 each customer agency from available funds for the actual 18 cost of the transit benefit. 19 S EC. 104. Receipts collected in the Department’s 20 Working Capital Fund, as authorized by section 327 of 21 title 49, United States Code, for unused transit and van 22 pool benefits, in an amount not to exceed 10 percent of 23 fiscal year 2023 collections, shall be available until ex-24 pended in the Department’s Working Capital Fund to pro-25 16 •S 2437 RS vide contractual services in support of section 189 of this 1 Act: Provided, That obligations in fiscal year 2024 of such 2 collections shall not exceed $1,000,000. 3 S EC. 105. None of the funds in this title may be obli-4 gated or expended for retention or senior executive bo-5 nuses for an employee of the Department of Transpor-6 tation without the prior written approval of the Assistant 7 Secretary for Administration. 8 S EC. 106. In addition to authority provided by section 9 327 of title 49, United States Code, the Department’s Ad-10 ministrative Working Capital Fund is hereby authorized 11 to transfer information technology equipment, software, 12 and systems from Departmental sources or other entities 13 and collect and maintain a reserve at rates which will re-14 turn full cost of transferred assets. 15 S EC. 107. None of the funds provided in this Act to 16 the Department of Transportation may be used to provide 17 credit assistance unless not less than 3 days before any 18 application approval to provide credit assistance under 19 sections 603 and 604 of title 23, United States Code, the 20 Secretary provides notification in writing to the following 21 committees: the House and Senate Committees on Appro-22 priations; the Committee on Environment and Public 23 Works and the Committee on Banking, Housing and 24 Urban Affairs of the Senate; and the Committee on Trans-25 17 •S 2437 RS portation and Infrastructure of the House of Representa-1 tives: Provided, That such notification shall include, but 2 not be limited to, the name of the project sponsor; a de-3 scription of the project; whether credit assistance will be 4 provided as a direct loan, loan guarantee, or line of credit; 5 and the amount of credit assistance. 6 S EC. 108. (a) Amounts made available to the Sec-7 retary of Transportation or the Department of Transpor-8 tation’s operating administrations in this Act for the costs 9 of award, administration, or oversight of financial assist-10 ance under the programs identified in subsection (c) may 11 be transferred to the account identified in section 801 of 12 division J of Public Law 117–58, to remain available until 13 expended, for the necessary expenses of award, adminis-14 tration, or oversight of any financial assistance programs 15 in the Department of Transportation. 16 (b) Amounts transferred under the authority in this 17 section are available in addition to amounts otherwise 18 available for such purpose. 19 (c) The program from which funds made available 20 under this Act may be transferred under subsection (a) 21 are— 22 (1) the local and regional project assistance 23 program under section 6702 of title 49, United 24 States Code; and 25 18 •S 2437 RS (2) the university transportation centers pro-1 gram under section 5505 of title 49, United States 2 Code. 3 S EC. 109. Of the amounts made available under the 4 heading ‘‘National Infrastructure Investments’’, up to 5 $75,000,000 shall be available— 6 (1) First, to fully fund the projects at the 7 amounts for which they applied under section 109B 8 of the Consolidated Appropriations Act, 2023 (divi-9 sion L of Public Law 117–328) and were not fully 10 funded; and 11 (2) Second, to fund highway infrastructure 12 projects for which the initial grant agreement was 13 executed between January 14, 2021 and February 14 14, 2021 for awards made from the National Infra-15 structure Investments program under title I of divi-16 sion G of the Consolidated Appropriations Act, 2019 17 (Public Law 116–6): Provided, That sponsors of 18 projects eligible for funds made available under sub-19 section shall provide sufficient written justification 20 describing, at a minimum, the current project cost 21 estimate, why the project cannot be completed with 22 the obligated grant amount, and any other relevant 23 information, as determined by the Secretary: Pro-24 vided further, That funds made available under this 25 19 •S 2437 RS subsection shall be allocated to projects eligible to 1 receive funding under this section in order of the 2 date the grant agreements were initially executed: 3 Provided further, That the allocation under the pre-4 vious proviso will be for the amounts necessary to 5 cover increases to eligible project costs since the 6 grant was obligated, based on the information pro-7 vided: Provided further, That section 200.204 of title 8 2, Code of Federal Regulations, shall not apply to 9 amounts made available under this section: Provided 10 further, That the amounts made available under this 11 section shall not be subject to limitations under sec-12 tion 6702(c) of title 49, United States Code: Pro-13 vided further, That the amounts made available 14 under this section shall not be part of the Federal 15 share of total project costs under section 6702(e)(1) 16 of title 49, United States Code: Provided further, 17 That section 6702(f) of title 49, United States Code, 18 shall not apply to amounts made available under this 19 section: Provided further, That the Office of the Sec-20 retary of Transportation shall provide the amounts 21 allocated to projects under this section no later than 22 120 days after the date the sufficient written jus-23 tifications required under this section have been sub-24 mitted. 25 20 •S 2437 RS SEC. 109A. Of the unobligated balances of funds 1 made available for ‘‘Railroad Rehabilitation and Improve-2 ment Financing Program’’ in section 109 of division L 3 of Public Law 117–103, $8,973,000 are hereby perma-4 nently rescinded. 5 S EC. 109B. For amounts provided for this fiscal year 6 and prior fiscal years, section 24112(c)(2)(B) of Public 7 Law 117–58 shall be applied by substituting ‘‘30 percent’’ 8 for ‘‘40 percent’’. 9 F EDERALAVIATIONADMINISTRATION 10 OPERATIONS 11 (AIRPORT AND AIRWAY TRUST FUND) 12 For necessary expenses of the Federal Aviation Ad-13 ministration, not otherwise provided for, including oper-14 ations and research activities related to commercial space 15 transportation, administrative expenses for research and 16 development, establishment of air navigation facilities, the 17 operation (including leasing) and maintenance of aircraft, 18 subsidizing the cost of aeronautical charts and maps sold 19 to the public, the lease or purchase of passenger motor 20 vehicles for replacement only, $12,740,627,000, to remain 21 available until September 30, 2025, of which 22 $12,103,596,000 to be derived from the Airport and Air-23 way Trust Fund: Provided, That of the amounts made 24 available under this heading— 25 21 •S 2437 RS (1) not less than $1,745,532,000 shall be avail-1 able for aviation safety activities; 2 (2) $9,444,828,000 shall be available for air 3 traffic organization activities; 4 (3) $42,018,000 shall be available for commer-5 cial space transportation activities; 6 (4) $949,376,000 shall be available for finance 7 and management activities; 8 (5) $70,097,000 shall be available for NextGen 9 and operations planning activities; 10 (6) $163,951,000 shall be available for security 11 and hazardous materials safety activities; and 12 (7) $324,825,000 shall be available for staff of-13 fices: 14 Provided further, That not to exceed 5 percent of any 15 budget activity, except for aviation safety budget activity, 16 may be transferred to any budget activity under this head-17 ing: Provided further, That no transfer may increase or 18 decrease any appropriation under this heading by more 19 than 5 percent: Provided further, That any transfer in ex-20 cess of 5 percent shall be treated as a reprogramming of 21 funds under section 405 of this Act and shall not be avail-22 able for obligation or expenditure except in compliance 23 with the procedures set forth in that section: Provided fur-24 ther, That not later than 60 days after the submission of 25 22 •S 2437 RS the budget request, the Administrator of the Federal Avia-1 tion Administration shall transmit to Congress an annual 2 update to the report submitted to Congress in December 3 2004 pursuant to section 221 of the Vision 100-Century 4 of Aviation Reauthorization Act (49 U.S.C. 40101 note): 5 Provided further, That the amounts made available under 6 this heading shall be reduced by $100,000 for each day 7 after 60 days after the submission of the budget request 8 that such report has not been transmitted to Congress: 9 Provided further, That not later than 60 days after the 10 submission of the budget request, the Administrator shall 11 transmit to Congress a companion report that describes 12 a comprehensive strategy for staffing, hiring, and training 13 flight standards and aircraft certification staff in a format 14 similar to the one utilized for the controller staffing plan, 15 including stated attrition estimates and numerical hiring 16 goals by fiscal year: Provided further, That the amounts 17 made available under this heading shall be reduced by 18 $100,000 for each day after the date that is 60 days after 19 the submission of the budget request that such report has 20 not been submitted to Congress: Provided further, That 21 funds may be used to enter into a grant agreement with 22 a nonprofit standard-setting organization to assist in the 23 development of aviation safety standards: Provided fur-24 ther, That none of the funds made available by this Act 25 23 •S 2437 RS shall be available for new applicants for the second career 1 training program: Provided further, That none of the 2 funds made available by this Act shall be available for the 3 Federal Aviation Administration to finalize or implement 4 any regulation that would promulgate new aviation user 5 fees not specifically authorized by law after the date of 6 the enactment of this Act: Provided further, That there 7 may be credited to this appropriation, as offsetting collec-8 tions, funds received from States, counties, municipalities, 9 foreign authorities, other public authorities, and private 10 sources for expenses incurred in the provision of agency 11 services, including receipts for the maintenance and oper-12 ation of air navigation facilities, and for issuance, renewal 13 or modification of certificates, including airman, aircraft, 14 and repair station certificates, or for tests related thereto, 15 or for processing major repair or alteration forms: Pro-16 vided further, That of the amounts made available under 17 this heading, not less than $194,000,000 shall be used to 18 fund direct operations of the current air traffic control 19 towers in the contract tower program, including the con-20 tract tower cost share program, and any airport that is 21 currently qualified or that will qualify for the program 22 during the fiscal year: Provided further, That none of the 23 funds made available by this Act for aeronautical charting 24 and cartography are available for activities conducted by, 25 24 •S 2437 RS or coordinated through, the Working Capital Fund: Pro-1 vided further, That none of the funds appropriated or oth-2 erwise made available by this Act or any other Act may 3 be used to eliminate the Contract Weather Observers pro-4 gram at any airport. 5 FACILITIES AND EQUIPMENT 6 (AIRPORT AND AIRWAY TRUST FUND) 7 For necessary expenses, not otherwise provided for, 8 for acquisition, establishment, technical support services, 9 improvement by contract or purchase, and hire of national 10 airspace systems and experimental facilities and equip-11 ment, as authorized under part A of subtitle VII of title 12 49, United States Code, including initial acquisition of 13 necessary sites by lease or grant; engineering and service 14 testing, including construction of test facilities and acqui-15 sition of necessary sites by lease or grant; construction 16 and furnishing of quarters and related accommodations 17 for officers and employees of the Federal Aviation Admin-18 istration stationed at remote localities where such accom-19 modations are not available; and the purchase, lease, or 20 transfer of aircraft from funds made available under this 21 heading, including aircraft for aviation regulation and cer-22 tification; to be derived from the Airport and Airway Trust 23 Fund, $3,429,000,000, of which $635,000,000 is for per-24 sonnel and related expenses and shall remain available 25 25 •S 2437 RS until September 30, 2025, $2,692,000,000 shall remain 1 available until September 30, 2026, and $102,000,000 is 2 for terminal facilities and shall remain available until Sep-3 tember 30, 2028: Provided, That there may be credited 4 to this appropriation funds received from States, counties, 5 municipalities, other public authorities, and private 6 sources, for expenses incurred in the establishment, im-7 provement, and modernization of national airspace sys-8 tems: Provided further, That not later than 60 days after 9 submission of the budget request, the Secretary of Trans-10 portation shall transmit to the Congress an investment 11 plan for the Federal Aviation Administration which in-12 cludes funding for each budget line item for fiscal years 13 2025 through 2029, with total funding for each year of 14 the plan constrained to the funding targets for those years 15 as estimated and approved by the Office of Management 16 and Budget: Provided further, That section 405 of this Act 17 shall apply to amounts made available under this heading 18 in title VIII of the Infrastructure Investments and Jobs 19 Appropriations Act (division J of Public Law 117–58): 20 Provided further, That the amounts in the table entitled 21 ‘‘Allocation of Funds for FAA Facilities and Equipment 22 from the Infrastructure Investment and Jobs Act—Fiscal 23 Year 2024’’ in the report accompanying this Act shall be 24 the baseline for application of reprogramming and trans-25 26 •S 2437 RS fer authorities for the current fiscal year pursuant to para-1 graph (7) of such section 405 for amounts referred to in 2 the preceding proviso: Provided further, That, notwith-3 standing paragraphs (5) and (6) of such section 405, un-4 less prior approval is received from the House and Senate 5 Committees on Appropriations, not to exceed 10 percent 6 of any funding level specified for projects and activities 7 in the table referred to in the preceding proviso may be 8 transferred to any other funding level specified for 9 projects and activities in such table and no transfer of 10 such funding levels may increase or decrease any funding 11 level in such table by more than 10 percent: Provided fur-12 ther, That of the amounts made available under this head-13 ing for terminal facilities, $15,000,000 shall be made 14 available for the purposes, and in amounts, specified for 15 Congressionally Directed Spending in the table entitled 16 ‘‘Congressionally Directed Spending’’ included in the re-17 port accompanying this Act: Provided further, That, of the 18 amounts made available under this heading in this Act, 19 $469,000,000 is designated by the Congress as being for 20 an emergency requirement pursuant to section 21 251(b)(2)(A)(i) of the Balanced Budget and Emergency 22 Deficit Control Act of 1985. 23 27 •S 2437 RS RESEARCH, ENGINEERING, AND DEVELOPMENT 1 (AIRPORT AND AIRWAY TRUST FUND) 2 For necessary expenses, not otherwise provided for, 3 for research, engineering, and development, as authorized 4 under part A of subtitle VII of title 49, United States 5 Code, including construction of experimental facilities and 6 acquisition of necessary sites by lease or grant, 7 $260,000,000, to be derived from the Airport and Airway 8 Trust Fund and to remain available until September 30, 9 2026: Provided, That there may be credited to this appro-10 priation as offsetting collections, funds received from 11 States, counties, municipalities, other public authorities, 12 and private sources, which shall be available for expenses 13 incurred for research, engineering, and development: Pro-14 vided further, That amounts made available under this 15 heading shall be used in accordance with the report accom-16 panying this Act: Provided further, That not to exceed 10 17 percent of any funding level specified under this heading 18 in the report accompanying this Act may be transferred 19 to any other funding level specified under this heading in 20 the report accompanying this Act: Provided further, That 21 no transfer may increase or decrease any funding level by 22 more than 10 percent: Provided further, That any transfer 23 in excess of 10 percent shall be treated as a reprogram-24 ming of funds under section 405 of this Act and shall not 25 28 •S 2437 RS be available for obligation or expenditure except in compli-1 ance with the procedures set forth in that section. 2 GRANTS-IN-AID FOR AIRPORTS 3 (LIQUIDATION OF CONTRACT AUTHORIZATION) 4 (LIMITATION ON OBLIGATIONS) 5 (AIRPORT AND AIRWAY TRUST FUND) 6 (INCLUDING TRANSFER OF FUNDS) 7 For liquidation of obligations incurred for grants-in- 8 aid for airport planning and development, and noise com-9 patibility planning and programs as authorized under sub-10 chapter I of chapter 471 and subchapter I of chapter 475 11 of title 49, United States Code, and under other law au-12 thorizing such obligations; for procurement, installation, 13 and commissioning of runway incursion prevention devices 14 and systems at airports of such title; for grants authorized 15 under section 41743 of title 49, United States Code; and 16 for inspection activities and administration of airport safe-17 ty programs, including those related to airport operating 18 certificates under section 44706 of title 49, United States 19 Code, $3,350,000,000, to be derived from the Airport and 20 Airway Trust Fund and to remain available until ex-21 pended: Provided, That none of the amounts made avail-22 able under this heading shall be available for the planning 23 or execution of programs the obligations for which are in 24 excess of $3,350,000,000, in fiscal year 2024, notwith-25 29 •S 2437 RS standing section 47117(g) of title 49, United States Code: 1 Provided further, That none of the amounts made available 2 under this heading shall be available for the replacement 3 of baggage conveyor systems, reconfiguration of terminal 4 baggage areas, or other airport improvements that are 5 necessary to install bulk explosive detection systems: Pro-6 vided further, That notwithstanding section 47109(a) of 7 title 49, United States Code, the Government’s share of 8 allowable project costs under paragraph (2) of such sec-9 tion for subgrants or paragraph (3) of such section shall 10 be 95 percent for a project at other than a large or me-11 dium hub airport that is a successive phase of a multi- 12 phased construction project for which the project sponsor 13 received a grant in fiscal year 2011 for the construction 14 project: Provided further, That notwithstanding any other 15 provision of law, of amounts limited under this heading, 16 not less than $157,475,000 shall be available for adminis-17 tration, $15,000,000 shall be available for the Airport Co-18 operative Research Program, $41,801,000 shall be avail-19 able for Airport Technology Research, and $10,000,000, 20 to remain available until expended, shall be available and 21 transferred to ‘‘Office of the Secretary, Salaries and Ex-22 penses’’ to carry out the Small Community Air Service De-23 velopment Program: Provided further, That in addition to 24 airports eligible under section 41743 of title 49, United 25 30 •S 2437 RS States Code, such program may include the participation 1 of an airport that serves a community or consortium that 2 is not larger than a small hub airport, according to FAA 3 hub classifications effective at the time the Office of the 4 Secretary issues a request for proposals. 5 GRANTS-IN-AID FOR AIRPORTS 6 For an additional amount for ‘‘Grants-In-Aid for Air-7 ports’’, to enable the Secretary of Transportation to make 8 grants for projects as authorized by subchapter 1 of chap-9 ter 471 and subchapter 1 of chapter 475 of title 49, 10 United States Code, $500,728,000, to remain available 11 through September 30, 2026: Provided, That amounts 12 made available under this heading shall be derived from 13 the general fund, and such funds shall not be subject to 14 apportionment formulas, special apportionment categories, 15 or minimum percentages under chapter 471 of title 49, 16 United States Code: Provided further, That of the sums 17 appropriated under this heading— 18 (1) $200,728,000 shall be made available for 19 the purposes, and in amounts, specified for Congres-20 sionally Directed Spending in the table entitled 21 ‘‘Congressionally Directed Spending’’ included in the 22 report accompanying this Act: Provided, That funds 23 made available under this section shall not be sub-24 31 •S 2437 RS ject to or considered under section 47115(j)(3)(B) of 1 title 49, United States Code; 2 (2) up to $300,000,000 shall be made available 3 to the Secretary to distribute as discretionary grants 4 to airports, of which not less than $25,000,000 shall 5 be made available to any commercial service airport, 6 notwithstanding the requirement for the airport to 7 be located in an air quality nonattainment or main-8 tenance area or to be able to receive emission credits 9 in section 47102(3)(K) and 47102(3)(L) of title 49, 10 United States Code, for work necessary to construct 11 or modify airport facilities to provide low-emission 12 fuel systems, gate electrification, other related air 13 quality improvements, acquisition of airport-owned 14 vehicles or ground support equipment with low-emis-15 sion technology; and 16 (3) not less than $3,000,000 shall be made 17 available for two remaining projects under section 18 190 of the FAA Reauthorization Act of 2018 (Pub-19 lic Law 115–254): Provided, That, notwithstanding 20 subsection (j)(2) of section 190 of the FAA Reau-21 thorization Act of 2018 (Public Law 115–254), such 22 grants shall be made available for conducting testing 23 activities in support of studying the effectiveness of 24 existing federally funded sound insulation in residen-25 32 •S 2437 RS tial areas located within the 65 DNL noise contour 1 of a large-hub airport that will facilitate future envi-2 ronmental mitigation projects in these areas: Pro-3 vided further, That, with respect to a project funded 4 under the previous proviso, the allowable project cost 5 for such project shall be calculated without consider-6 ation of any costs that were previously paid by the 7 Government: 8 Provided further, That the Secretary may make discre-9 tionary grants to primary airports for airport-owned infra-10 structure required for the on-airport distribution or stor-11 age of sustainable aviation fuels that achieve at least a 12 50 percent reduction in lifecycle greenhouse gas emissions, 13 using a methodology determined by the Secretary, includ-14 ing, but not limited to, on-airport construction or expan-15 sion of pipelines, rail lines and spurs, loading and off-load-16 ing facilities, blending facilities, and storage tanks: Pro-17 vided further, That the Secretary may make discretionary 18 grants with funds made available under this heading to 19 primary or nonprimary airports for the acquisition or con-20 struction costs related to airport-owned, revenue-pro-21 ducing aeronautical fuel farms and fueling systems, in-22 cluding mobile systems, that the Secretary determines will 23 promote the use of unleaded or sustainable aviation fuels 24 on a non-exclusive basis: Provided further, That the Sec-25 33 •S 2437 RS retary may make discretionary grants for airport develop-1 ment improvements of primary runways, taxiways, and 2 aprons necessary at a nonhub, small hub, medium hub, 3 or large hub airport to increase operational resilience for 4 the purpose of resuming commercial service flight oper-5 ations following flooding, high water, hurricane, storm 6 surge, tidal wave, tornado, tsunami, wind driven water, or 7 winter storms: Provided further, That the amounts made 8 available under this heading shall not be subject to any 9 limitation on obligations for the Grants-in-Aid for Airports 10 program set forth in any Act: Provided further, That the 11 Administrator of the Federal Aviation Administration may 12 retain up to 0.5 percent of the amounts made available 13 under this heading to fund the award and oversight by 14 the Administrator of grants made under this heading. 15 ADMINISTRATIVE PROVISIONS —FEDERAL AVIATION 16 ADMINISTRATION 17 (INCLUDING RESCISSIONS) 18 S EC. 110. None of the funds made available by this 19 Act may be used to compensate in excess of 600 technical 20 staff-years under the federally funded research and devel-21 opment center contract between the Federal Aviation Ad-22 ministration and the Center for Advanced Aviation Sys-23 tems Development during fiscal year 2024. 24 34 •S 2437 RS SEC. 111. None of the funds made available by this 1 Act shall be used to pursue or adopt guidelines or regula-2 tions requiring airport sponsors to provide to the Federal 3 Aviation Administration without cost building construc-4 tion, maintenance, utilities and expenses, or space in air-5 port sponsor-owned buildings for services relating to air 6 traffic control, air navigation, or weather reporting: Pro-7 vided, That the prohibition on the use of funds in this 8 section does not apply to negotiations between the agency 9 and airport sponsors to achieve agreement on ‘‘below-mar-10 ket’’ rates for these items or to grant assurances that re-11 quire airport sponsors to provide land without cost to the 12 Federal Aviation Administration for air traffic control fa-13 cilities. 14 S EC. 112. The Administrator of the Federal Aviation 15 Administration may reimburse amounts made available to 16 satisfy section 41742(a)(1) of title 49, United States 17 Code, from fees credited under section 45303 of title 49, 18 United States Code, and any amount remaining in such 19 account at the close of any fiscal year may be made avail-20 able to satisfy section 41742(a)(1) of title 49, United 21 States Code, for the subsequent fiscal year. 22 S EC. 113. Amounts collected under section 40113(e) 23 of title 49, United States Code, shall be credited to the 24 appropriation current at the time of collection, to be 25 35 •S 2437 RS merged with and available for the same purposes as such 1 appropriation. 2 S EC. 114. None of the funds made available by this 3 Act shall be available for paying premium pay under sec-4 tion 5546(a) of title 5, United States Code, to any Federal 5 Aviation Administration employee unless such employee 6 actually performed work during the time corresponding to 7 such premium pay. 8 S EC. 115. None of the funds made available by this 9 Act may be obligated or expended for an employee of the 10 Federal Aviation Administration to purchase a store gift 11 card or gift certificate through use of a Government-issued 12 credit card. 13 S EC. 116. Notwithstanding any other provision of 14 law, none of the funds made available under this Act or 15 any prior Act may be used to implement or to continue 16 to implement any limitation on the ability of any owner 17 or operator of a private aircraft to obtain, upon a request 18 to the Administrator of the Federal Aviation Administra-19 tion, a blocking of that owner’s or operator’s aircraft reg-20 istration number, Mode S transponder code, flight identi-21 fication, call sign, or similar identifying information from 22 any ground based display to the public that would allow 23 the real-time or near real-time flight tracking of that air-24 craft’s movements, except data made available to a Gov-25 36 •S 2437 RS ernment agency, for the noncommercial flights of that 1 owner or operator. 2 S EC. 117. None of the funds made available by this 3 Act shall be available for salaries and expenses of more 4 than nine political and Presidential appointees in the Fed-5 eral Aviation Administration. 6 S EC. 118. None of the funds made available by this 7 Act may be used to increase fees pursuant to section 8 44721 of title 49, United States Code, until the Federal 9 Aviation Administration provides to the House and Senate 10 Committees on Appropriations a report that justifies all 11 fees related to aeronautical navigation products and ex-12 plains how such fees are consistent with Executive Order 13 No. 13642. 14 S EC. 119. None of the funds made available by this 15 Act may be used to close a regional operations center of 16 the Federal Aviation Administration or reduce its services 17 unless the Administrator notifies the House and Senate 18 Committees on Appropriations not less than 90 full busi-19 ness days in advance. 20 S EC. 119A. None of the funds made available by or 21 limited by this Act may be used to change weight restric-22 tions or prior permission rules at Teterboro airport in 23 Teterboro, New Jersey. 24 37 •S 2437 RS SEC. 119B. None of the funds made available by this 1 Act may be used by the Administrator of the Federal Avia-2 tion Administration to withhold from consideration and 3 approval any new application for participation in the Con-4 tract Tower Program, or for reevaluation of Cost-share 5 Program participants so long as the Federal Aviation Ad-6 ministration has received an application from the airport, 7 and so long as the Administrator determines such tower 8 is eligible using the factors set forth in Federal Aviation 9 Administration published establishment criteria. 10 S EC. 119C. None of the funds made available by this 11 Act may be used to open, close, redesignate as a lesser 12 office, or reorganize a regional office, the aeronautical cen-13 ter, or the technical center unless the Administrator sub-14 mits a request for the reprogramming of funds under sec-15 tion 405 of this Act. 16 S EC. 119D. The Federal Aviation Administration Ad-17 ministrative Services Franchise Fund may be reimbursed 18 after performance or paid in advance from funds available 19 to the Federal Aviation Administration and other Federal 20 agencies for which the Fund performs services. 21 S EC. 119E. None of the funds appropriated or other-22 wise made available to the FAA may be used to carry out 23 the FAA’s obligations under section 44502(e) of title 49, 24 United States Code, unless the eligible air traffic system 25 38 •S 2437 RS or equipment to be transferred to the FAA under section 1 44502(e) of title 49, United States Code, was purchased 2 by the transferor airport— 3 (1) during the period of time beginning on Oc-4 tober 5, 2018 and ending on December 31, 2021; or 5 (2) on or after January 1, 2022 for transferor 6 airports located in a non-contiguous States. 7 S EC. 119F. Of the unobligated balances available to 8 the Federal Aviation Administration, the following funds 9 are hereby permanently rescinded: 10 (1) $1,590,528.89 from funds made available 11 for ‘‘Federal Aviation Administration—Facilities 12 and Equipment’’, which were to remain available 13 until expended, by title I of Public Law 104–50; and 14 (2) $2,878.02 from funds made available for 15 ‘‘Federal Aviation Administration—Facilities and 16 Equipment’’ by chapter 10, division B, of Public 17 Law 108–324. 18 S EC. 119G. None of the funds made available in this 19 or any other Act shall be used to facilitate the assignment 20 of individuals from a private-sector organization to the 21 FAA to serve on a temporary basis. 22 39 •S 2437 RS FEDERALHIGHWAYADMINISTRATION 1 LIMITATION ON ADMINISTRATIVE EXPENSES 2 (HIGHWAY TRUST FUND) 3 (INCLUDING TRANSFER OF FUNDS) 4 Not to exceed $483,551,671 together with advances 5 and reimbursements received by the Federal Highway Ad-6 ministration, shall be obligated for necessary expenses for 7 administration and operation of the Federal Highway Ad-8 ministration: Provided, That in addition, $3,248,000 shall 9 be transferred to the Appalachian Regional Commission 10 in accordance with section 104(a) of title 23, United 11 States Code. 12 FEDERAL-AID HIGHWAYS 13 (LIMITATION ON OBLIGATIONS) 14 (HIGHWAY TRUST FUND) 15 Funds available for the implementation or execution 16 of authorized Federal-aid highway and highway safety 17 construction programs shall not exceed total obligations 18 of $60,095,782,888 for fiscal year 2024: Provided, That 19 the limitation on obligations under this heading shall only 20 apply to contract authority authorized from the Highway 21 Trust Fund (other than the Mass Transit Account), un-22 less otherwise specified in law. 23 40 •S 2437 RS (LIQUIDATION OF CONTRACT AUTHORIZATION) 1 (HIGHWAY TRUST FUND) 2 For the payment of obligations incurred in carrying 3 out authorized Federal-aid highway and highway safety 4 construction programs, $60,792,659,888 shall be derived 5 from the Highway Trust Fund (other than the Mass Tran-6 sit Account), to remain available until expended. 7 HIGHWAY INFRASTRUCTURE PROGRAMS 8 (INCLUDING TRANSFER OF FUNDS) 9 There is hereby appropriated to the Secretary 10 $2,046,738,000: Provided, That the funds made available 11 under this heading shall be derived from the general fund, 12 shall be in addition to any funds provided for fiscal year 13 2024 in this or any other Act for: (1) ‘‘Federal-aid High-14 ways’’ under chapter 1 of title 23, United States Code; 15 (2) the Appalachian Development Highway System as au-16 thorized under section 1069(y) of Public Law 102–240; 17 (3) the nationally significant Federal lands and Tribal 18 projects program under section 1123 of the FAST Act, 19 as amended (23 U.S.C. 201 note); (4) the Northern Bor-20 der Regional Commission (40 U.S.C. 15101 et seq.); or 21 (5) the Denali Commission, and shall not affect the dis-22 tribution or amount of funds provided in any other Act: 23 Provided further, That, except for the funds made avail-24 able under this heading for the Northern Border Regional 25 41 •S 2437 RS Commission and the Denali Commission, section 11101(e) 1 of Public Law 117–58 shall apply to funds made available 2 under this heading: Provided further, That unless other-3 wise specified, amounts made available under this heading 4 shall be available until September 30, 2027, and shall not 5 be subject to any limitation on obligations for Federal-aid 6 highways or highway safety construction programs set 7 forth in any Act making annual appropriations: Provided 8 further, That of the sums appropriated under this head-9 ing— 10 (1) $701,738,000 shall be for the purposes, and 11 in the amounts, specified for Congressionally Di-12 rected Spending in the table entitled ‘‘Congression-13 ally Directed Spending’’ included in the report ac-14 companying this Act: Provided, That, except as oth-15 erwise provided under this heading, the funds made 16 available under this paragraph shall be administered 17 as if apportioned under chapter 1 of title 23, United 18 States Code: Provided further, That funds made 19 available under this paragraph that are used for 20 Tribal projects shall be administered as if allocated 21 under chapter 2 of title 23, United States Code, ex-22 cept that the set-asides described in subparagraph 23 (C) of section 202(b)(3) of title 23, United States 24 Code, and subsections (a)(6), (c), and (e) of section 25 42 •S 2437 RS 202 of such title, and section 1123(h)(1) of MAP– 1 21 (as amended by Public Law 117–58), shall not 2 apply to such funds; 3 (2) $100,000,000 shall be for necessary ex-4 penses for construction of the Appalachian Develop-5 ment Highway System, as authorized under section 6 1069(y) of Public Law 102–240: Provided, That for 7 the purposes of funds made available under this 8 paragraph, the term ‘‘Appalachian State’’ means a 9 State that contains 1 or more counties (including 10 any political subdivision located within the area) in 11 the Appalachian region as defined in section 12 14102(a) of title 40, United States Code: Provided 13 further, That funds made available under this head-14 ing for construction of the Appalachian Development 15 Highway System shall remain available until ex-16 pended: Provided further, That, except as provided in 17 the following proviso, funds made available under 18 this heading for construction of the Appalachian De-19 velopment Highway System shall be administered as 20 if apportioned under chapter 1 of title 23, United 21 States Code: Provided further, That a project carried 22 out with funds made available under this heading for 23 construction of the Appalachian Development High-24 way System shall be carried out in the same manner 25 43 •S 2437 RS as a project under section 14501 of title 40, United 1 States Code: Provided further, That subject to the 2 following proviso, funds made available under this 3 heading for construction of the Appalachian Devel-4 opment Highway System shall be apportioned to Ap-5 palachian States according to the percentages de-6 rived from the 2012 Appalachian Development 7 Highway System Cost-to-Complete Estimate, adopt-8 ed in Appalachian Regional Commission Resolution 9 Number 736, and confirmed as each Appalachian 10 State’s relative share of the estimated remaining 11 need to complete the Appalachian Development 12 Highway System, adjusted to exclude those corridors 13 that such States have no current plans to complete, 14 as reported in the 2013 Appalachian Development 15 Highway System Completion Report, unless those 16 States have modified and assigned a higher priority 17 for completion of an Appalachian Development 18 Highway System corridor, as reported in the 2020 19 Appalachian Development Highway System Future 20 Outlook: Provided further, That the Secretary shall 21 adjust apportionments made under the preceding 22 proviso so that no Appalachian State shall be appor-23 tioned an amount in excess of 30 percent of the 24 amount made available for construction of the Appa-25 44 •S 2437 RS lachian Development Highway System under this 1 heading: Provided further, That the Secretary shall 2 consult with the Appalachian Regional Commission 3 in making adjustments under the preceding two pro-4 visos: Provided further, That the Federal share of 5 the costs for which an expenditure is made for con-6 struction of the Appalachian Development Highway 7 System under this heading shall be up to 100 per-8 cent; 9 (3) $10,000,000 shall be for the nationally sig-10 nificant Federal lands and Tribal projects program 11 under section 1123 of the FAST Act (23 U.S.C. 201 12 note); 13 (4) $10,000,000 shall be transferred to the 14 Northern Border Regional Commission (40 U.S.C. 15 15101 et seq.) to make grants, in addition to 16 amounts otherwise made available to the Northern 17 Border Regional Commission for such purpose, to 18 carry out pilot projects that demonstrate the capa-19 bilities of wood-based infrastructure projects: Pro-20 vided, That a grant made with funds made available 21 under this paragraph shall be administered in the 22 same manner as a grant made under subtitle V of 23 title 40, United States Code; 24 45 •S 2437 RS (5) $5,000,000 shall be transferred to the 1 Denali Commission for activities eligible under sec-2 tion 307(e) of the Denali Commission Act of 1998 3 (42 U.S.C. 3121 note; Public Law 105–277): Pro-4 vided, That funds made available under this para-5 graph shall not be subject to section 311 of such 6 Act: Provided further, That except as otherwise pro-7 vided under section 307(e) of such Act or this head-8 ing, funds made available under this paragraph shall 9 be administered as if directly appropriated to the 10 Denali Commission and subject to applicable provi-11 sions of such Act, including the requirement in sec-12 tion 307(e) of such Act that the local community 13 provides a 10 percent non-Federal match in the 14 form of any necessary land or planning and design 15 funds: Provided further, That such funds shall be 16 available until expended: Provided further, That the 17 Federal share of the costs for which an expenditure 18 is made with funds transferred under this paragraph 19 shall be up to 90 percent; 20 (6) $15,000,000 shall be transferred to the 21 Denali Commission to carry out the Denali Access 22 System Program under section 309 of the Denali 23 Commission Act of 1998 (42 U.S.C. 3121 note; 24 Public Law 105–277): Provided, That a transfer 25 46 •S 2437 RS under this paragraph shall not be subject to section 1 311 of such Act: Provided further, That except as 2 otherwise provided under this heading, funds made 3 available under this paragraph shall be administered 4 as if directly appropriated to the Denali Commission 5 and subject to applicable provisions of such Act: 6 Provided further, That funds made available under 7 this paragraph shall not be subject to section 8 309(j)(2) of such Act: Provided further, That funds 9 made available under this paragraph shall be avail-10 able until expended: Provided further, That the Fed-11 eral share of the costs for which an expenditure is 12 made with funds transferred under this paragraph 13 shall be up to 100 percent; 14 (7) $12,000,000 shall be for the regional infra-15 structure accelerator demonstration program author-16 ized under section 1441 of the FAST Act (23 17 U.S.C. 601 note): Provided, That for funds made 18 available under this paragraph, the Federal share of 19 the costs shall be, at the option of the recipient, up 20 to 100 percent; 21 (8) $45,000,000 shall be for the active trans-22 portation infrastructure investment program under 23 section 11529 of the Infrastructure Investment and 24 Jobs Act (23 U.S.C. 217 note): Provided, That ex-25 47 •S 2437 RS cept as otherwise provided under such section or this 1 heading, the funds made available under this para-2 graph shall be administered as if apportioned under 3 chapter 1 of title 23, United States Code: Provided 4 further, That funds made available under this para-5 graph shall remain available until expended; 6 (9) $3,000,000 shall be to carry out the Polli-7 nator-Friendly Practices on Roadsides and Highway 8 Rights-of-Way Program under section 332 of title 9 23, United States Code; 10 (10) $1,145,000,000 shall be for a bridge re-11 placement and rehabilitation program: Provided, 12 That, for the purposes of funds made available 13 under this paragraph, the term ‘‘State’’ means any 14 of the 50 States or the District of Columbia and the 15 term ‘‘qualifying State’’ means any State in which 16 the percentage of total deck area of bridges classi-17 fied as in poor condition in such State is at least 5 18 percent or in which the percentage of total bridges 19 classified as in poor condition in such State is at 20 least 5 percent: Provided further, That, of the funds 21 made available under this paragraph, the Secretary 22 shall reserve $6,000,000 for each State that does 23 not meet the definition of a qualifying State: Pro-24 vided further, That, after making the reservations 25 48 •S 2437 RS under the preceding proviso, the Secretary shall dis-1 tribute the remaining funds made available under 2 this paragraph to each qualifying State by the pro-3 portion that the percentage of total deck area of 4 bridges classified as in poor condition in such quali-5 fying State bears to the sum of the percentages of 6 total deck area of bridges classified as in poor condi-7 tion in all qualifying States: Provided further, That, 8 of the funds made available under this paragraph— 9 (A) no qualifying State shall receive more 10 than $60,000,000; 11 (B) each State shall receive an amount not 12 less than $6,000,000; and 13 (C) after calculating the distribution of 14 funds pursuant to the preceding proviso, any 15 amount in excess of $60,000,000 shall be redis-16 tributed equally among each State that does not 17 meet the Definition of a qualifying State: 18 Provided further, That the funds made available 19 under this paragraph shall be used for highway 20 bridge replacement or rehabilitation projects on pub-21 lic roads: Provided further, That for purposes of this 22 paragraph, the Secretary shall calculate the percent-23 ages of total deck area of bridges (including the per-24 centages of total deck area classified as in poor con-25 49 •S 2437 RS dition) and the percentages of total bridge counts 1 (including the percentages of total bridges classified 2 as in poor condition) based on the National Bridge 3 Inventory as of December 31, 2018: Provided fur-4 ther, That, except as otherwise provided under this 5 heading, the funds made available under this para-6 graph shall be administered as if apportioned under 7 chapter 1 of title 23, United States Code. 8 ADMINISTRATIVE PROVISIONS —FEDERAL HIGHWAY 9 ADMINISTRATION 10 (INCLUDING RESCISSIONS) 11 (INCLUDING TRANSFER OF FUNDS) 12 S EC. 120. (a) For fiscal year 2024, the Secretary of 13 Transportation shall— 14 (1) not distribute from the obligation limitation 15 for Federal-aid highways— 16 (A) amounts authorized for administrative 17 expenses and programs by section 104(a) of 18 title 23, United States Code; and 19 (B) amounts authorized for the Bureau of 20 Transportation Statistics; 21 (2) not distribute an amount from the obliga-22 tion limitation for Federal-aid highways that is equal 23 to the unobligated balance of amounts— 24 50 •S 2437 RS (A) made available from the Highway 1 Trust Fund (other than the Mass Transit Ac-2 count) for Federal-aid highway and highway 3 safety construction programs for previous fiscal 4 years the funds for which are allocated by the 5 Secretary (or apportioned by the Secretary 6 under section 202 or 204 of title 23, United 7 States Code); and 8 (B) for which obligation limitation was 9 provided in a previous fiscal year; 10 (3) determine the proportion that— 11 (A) the obligation limitation for Federal- 12 aid highways, less the aggregate of amounts not 13 distributed under paragraphs (1) and (2) of 14 this subsection; bears to 15 (B) the total of the sums authorized to be 16 appropriated for the Federal-aid highway and 17 highway safety construction programs (other 18 than sums authorized to be appropriated for 19 provisions of law described in paragraphs (1) 20 through (11) of subsection (b) and sums au-21 thorized to be appropriated for section 119 of 22 title 23, United States Code, equal to the 23 amount referred to in subsection (b)(12) for 24 such fiscal year), less the aggregate of the 25 51 •S 2437 RS amounts not distributed under paragraphs (1) 1 and (2) of this subsection; 2 (4) distribute the obligation limitation for Fed-3 eral-aid highways, less the aggregate amounts not 4 distributed under paragraphs (1) and (2), for each 5 of the programs (other than programs to which 6 paragraph (1) applies) that are allocated by the Sec-7 retary under authorized Federal-aid highway and 8 highway safety construction programs, or appor-9 tioned by the Secretary under section 202 or 204 of 10 title 23, United States Code, by multiplying— 11 (A) the proportion determined under para-12 graph (3); by 13 (B) the amounts authorized to be appro-14 priated for each such program for such fiscal 15 year; and 16 (5) distribute the obligation limitation for Fed-17 eral-aid highways, less the aggregate amounts not 18 distributed under paragraphs (1) and (2) and the 19 amounts distributed under paragraph (4), for Fed-20 eral-aid highway and highway safety construction 21 programs that are apportioned by the Secretary 22 under title 23, United States Code (other than the 23 amounts apportioned for the National Highway Per-24 formance Program in section 119 of title 23, United 25 52 •S 2437 RS States Code, that are exempt from the limitation 1 under subsection (b)(12) and the amounts appor-2 tioned under sections 202 and 204 of that title) in 3 the proportion that— 4 (A) amounts authorized to be appropriated 5 for the programs that are apportioned under 6 title 23, United States Code, to each State for 7 such fiscal year; bears to 8 (B) the total of the amounts authorized to 9 be appropriated for the programs that are ap-10 portioned under title 23, United States Code, to 11 all States for such fiscal year. 12 (b) E XCEPTIONSFROMOBLIGATIONLIMITATION.— 13 The obligation limitation for Federal-aid highways shall 14 not apply to obligations under or for— 15 (1) section 125 of title 23, United States Code; 16 (2) section 147 of the Surface Transportation 17 Assistance Act of 1978 (23 U.S.C. 144 note; 92 18 Stat. 2714); 19 (3) section 9 of the Federal-Aid Highway Act 20 of 1981 (95 Stat. 1701); 21 (4) subsections (b) and (j) of section 131 of the 22 Surface Transportation Assistance Act of 1982 (96 23 Stat. 2119); 24 53 •S 2437 RS (5) subsections (b) and (c) of section 149 of the 1 Surface Transportation and Uniform Relocation As-2 sistance Act of 1987 (101 Stat. 198); 3 (6) sections 1103 through 1108 of the Inter-4 modal Surface Transportation Efficiency Act of 5 1991 (105 Stat. 2027); 6 (7) section 157 of title 23, United States Code 7 (as in effect on June 8, 1998); 8 (8) section 105 of title 23, United States Code 9 (as in effect for fiscal years 1998 through 2004, but 10 only in an amount equal to $639,000,000 for each 11 of those fiscal years); 12 (9) Federal-aid highway programs for which ob-13 ligation authority was made available under the 14 Transportation Equity Act for the 21st Century 15 (112 Stat. 107) or subsequent Acts for multiple 16 years or to remain available until expended, but only 17 to the extent that the obligation authority has not 18 lapsed or been used; 19 (10) section 105 of title 23, United States Code 20 (as in effect for fiscal years 2005 through 2012, but 21 only in an amount equal to $639,000,000 for each 22 of those fiscal years); 23 (11) section 1603 of SAFETEA–LU (23 24 U.S.C. 118 note; 119 Stat. 1248), to the extent that 25 54 •S 2437 RS funds obligated in accordance with that section were 1 not subject to a limitation on obligations at the time 2 at which the funds were initially made available for 3 obligation; and 4 (12) section 119 of title 23, United States Code 5 (but, for each of fiscal years 2013 through 2024, 6 only in an amount equal to $639,000,000). 7 (c) R EDISTRIBUTION OF UNUSEDOBLIGATIONAU-8 THORITY.—Notwithstanding subsection (a), the Secretary 9 shall, after August 1 of such fiscal year— 10 (1) revise a distribution of the obligation limita-11 tion made available under subsection (a) if an 12 amount distributed cannot be obligated during that 13 fiscal year; and 14 (2) redistribute sufficient amounts to those 15 States able to obligate amounts in addition to those 16 previously distributed during that fiscal year, giving 17 priority to those States having large unobligated bal-18 ances of funds apportioned under sections 144 (as in 19 effect on the day before the date of enactment of 20 Public Law 112–141) and 104 of title 23, United 21 States Code. 22 (d) A PPLICABILITY OFOBLIGATIONLIMITATIONS TO 23 T RANSPORTATIONRESEARCHPROGRAMS.— 24 55 •S 2437 RS (1) IN GENERAL.—Except as provided in para-1 graph (2), the obligation limitation for Federal-aid 2 highways shall apply to contract authority for trans-3 portation research programs carried out under— 4 (A) chapter 5 of title 23, United States 5 Code; 6 (B) title VI of the Fixing America’s Sur-7 face Transportation Act; and 8 (C) title III of division A of the Infrastruc-9 ture Investment and Jobs Act (Public Law 10 117–58). 11 (2) E XCEPTION.—Obligation authority made 12 available under paragraph (1) shall— 13 (A) remain available for a period of 4 fis-14 cal years; and 15 (B) be in addition to the amount of any 16 limitation imposed on obligations for Federal- 17 aid highway and highway safety construction 18 programs for future fiscal years. 19 (e) R EDISTRIBUTION OF CERTAINAUTHORIZED 20 F UNDS.— 21 (1) I N GENERAL.—Not later than 30 days after 22 the date of distribution of obligation limitation 23 under subsection (a), the Secretary shall distribute 24 to the States any funds (excluding funds authorized 25 56 •S 2437 RS for the program under section 202 of title 23, 1 United States Code) that— 2 (A) are authorized to be appropriated for 3 such fiscal year for Federal-aid highway pro-4 grams; and 5 (B) the Secretary determines will not be 6 allocated to the States (or will not be appor-7 tioned to the States under section 204 of title 8 23, United States Code), and will not be avail-9 able for obligation, for such fiscal year because 10 of the imposition of any obligation limitation for 11 such fiscal year. 12 (2) R ATIO.—Funds shall be distributed under 13 paragraph (1) in the same proportion as the dis-14 tribution of obligation authority under subsection 15 (a)(5). 16 (3) A VAILABILITY.—Funds distributed to each 17 State under paragraph (1) shall be available for any 18 purpose described in section 133(b) of title 23, 19 United States Code. 20 S EC. 121. Notwithstanding 31 U.S.C. 3302, funds re-21 ceived by the Bureau of Transportation Statistics from the 22 sale of data products, for necessary expenses incurred pur-23 suant to chapter 63 of title 49, United States Code, may 24 57 •S 2437 RS be credited to the Federal-aid highways account for the 1 purpose of reimbursing the Bureau for such expenses. 2 S EC. 122. Not less than 15 days prior to waiving, 3 under his or her statutory authority, any Buy America re-4 quirement for Federal-aid highways projects, the Sec-5 retary of Transportation shall make an informal public no-6 tice and comment opportunity on the intent to issue such 7 waiver and the reasons therefor: Provided, That the Sec-8 retary shall post on a website any waivers granted under 9 the Buy America requirements. 10 S EC. 123. None of the funds made available in this 11 Act may be used to make a grant for a project under sec-12 tion 117 of title 23, United States Code, unless the Sec-13 retary, at least 60 days before making a grant under that 14 section, provides written notification to the House and 15 Senate Committees on Appropriations of the proposed 16 grant, including an evaluation and justification for the 17 project and the amount of the proposed grant award. 18 S EC. 124. (a) A State or territory, as defined in sec-19 tion 165 of title 23, United States Code, may use for any 20 project eligible under section 133(b) of title 23 or section 21 165 of title 23 and located within the boundary of the 22 State or territory any earmarked amount, and any associ-23 ated obligation limitation: Provided, That the Department 24 of Transportation for the State or territory for which the 25 58 •S 2437 RS earmarked amount was originally designated or directed 1 notifies the Secretary of its intent to use its authority 2 under this section and submits an annual report to the 3 Secretary identifying the projects to which the funding 4 would be applied. Notwithstanding the original period of 5 availability of funds to be obligated under this section, 6 such funds and associated obligation limitation shall re-7 main available for obligation for a period of 3 fiscal years 8 after the fiscal year in which the Secretary is notified. The 9 Federal share of the cost of a project carried out with 10 funds made available under this section shall be the same 11 as associated with the earmark. 12 (b) In this section, the term ‘‘earmarked amount’’ 13 means— 14 (1) congressionally directed spending, as de-15 fined in rule XLIV of the Standing Rules of the 16 Senate, identified in a prior law, report, or joint ex-17 planatory statement, which was authorized to be ap-18 propriated or appropriated more than 10 fiscal years 19 prior to the current fiscal year, and administered by 20 the Federal Highway Administration; or 21 (2) a congressional earmark, as defined in rule 22 XXI of the Rules of the House of Representatives, 23 identified in a prior law, report, or joint explanatory 24 statement, which was authorized to be appropriated 25 59 •S 2437 RS or appropriated more than 10 fiscal years prior to 1 the current fiscal year, and administered by the Fed-2 eral Highway Administration. 3 (c) The authority under subsection (a) shall be ap-4 plied to projects within the same general geographic area 5 within 25 miles for which the funding was designated. 6 (d) The Secretary shall submit consolidated reports 7 of the information provided by the States and territories 8 annually to the House and Senate Committees on Appro-9 priations. 10 S EC. 125. (a) Of the unallocated and unobligated bal-11 ances available to the Federal Highway Administration, 12 the following funds are hereby permanently rescinded, 13 subject to subsections (b) and (c), from the following ac-14 counts and programs in the specified amounts: 15 (1) $33,437,074.13 from funds available in the 16 ‘‘Surface Transportation Priorities’’ account (69 X 17 0538) (other than funds made available for projects 18 in Kentucky, Maine, Mississippi, or West Virginia); 19 (2) $1,839,129.40 from funds available in the 20 ‘‘Delta Regional Transportation Development Pro-21 gram’’ account (69 X 0551); 22 (3) $11,064,579.57 from funds available in the 23 ‘‘Appalachian Development Highway System’’ ac-24 count (69 X 0640); 25 60 •S 2437 RS (4) $9,264.22 from funds available in the 1 ‘‘Highway Beautification’’ account (69 X 0540); 2 (5) $1,375,400 from funds available in the 3 ‘‘State Infrastructure Banks’’ account (69 X 0549); 4 (6) $90,435 from funds available in the ‘‘Rail-5 road-Highway Crossings Demonstration Projects’’ 6 account (69 X 0557); 7 (7) $5,211,248.53 from funds available in the 8 ‘‘Interstate Transfer Grants—Highway’’ account 9 (69 X 0560); 10 (8) $133,231.12 from funds available in the 11 ‘‘Kentucky Bridge Project’’ account (69 X 0572); 12 (9) $2,887.56 from funds available in the 13 ‘‘Highway Demonstration Project—Preliminary En-14 gineering’’ account (69 X 0583); 15 (10) $149,083.06 from funds available in the 16 ‘‘Highway Demonstration Projects’’ account (69 X 17 0598); 18 (11) $68,438.40 from funds available in the 19 ‘‘Miscellaneous Highway Projects’’ account (69 X 20 0641); 21 (b) No amounts may be cancelled under subsection 22 (a) from any funds for which a State exercised its author-23 ity under section 125 of division L of Public Law 114– 24 113, section 422 of division K of Public Law 115–31, sec-25 61 •S 2437 RS tion 126 of division L of Public Law 115–141, section 125 1 of division G of Public Law 116–6, section 125 of division 2 H of Public Law 116–94, section 124 of division L of Pub-3 lic Law 116–260, section 124 of division L of Public Law 4 117–103, or section 124 of division L of Public Law 117– 5 328. 6 (c) No amounts may be cancelled under subsection 7 (a) from any amounts that were designated by the Con-8 gress as an emergency requirement pursuant to a concur-9 rent resolution on the budget or the Balanced Budget and 10 Emergency Deficit Control Act of 1985. 11 S EC. 126. (a) Notwithstanding any other provision 12 of law, of the funds described in subsection (b)— 13 (1) $20,000,000 shall be made available to the 14 Secretary to carry out the national scenic byways 15 program under section 162 of title 23, United States 16 Code: Provided, That, except as otherwise provided 17 under this section, the funds made available under 18 this paragraph shall be administered as if appor-19 tioned under chapter 1 of title 23, United States 20 Code: Provided further, That section 11101(e) of 21 Public Law 117–58 shall apply to funds made avail-22 able under this paragraph; 23 (2) $30,000,000 shall be made available to the 24 Secretary to carry out the nationally significant Fed-25 62 •S 2437 RS eral lands and Tribal projects program under section 1 1123 of the FAST Act (23 U.S.C. 201 note); and 2 (3) $150,000,000 shall be made available to the 3 Secretary for competitive awards for activities eligi-4 ble under section 176(d)(4) of title 23, United 5 States Code, of which $125,000,000 shall be for 6 such activities eligible under subparagraph (A) of 7 such section and $25,000,000 shall be for such ac-8 tivities eligible under subparagraph (C) of such sec-9 tion: Provided, That, except as otherwise provided 10 under this section, the funds made available under 11 this paragraph shall be administered as if appor-12 tioned under chapter 1 of title 23, United States 13 Code: Provided further, That, except as otherwise 14 provided under this section, funds made available 15 under this paragraph shall be administered as if 16 made available to carry out section 176(d) of such 17 title: Provided further, That, for purposes of the cal-18 culation under section 176(d)(5)(G)(ii) of such title, 19 amounts made available under this paragraph shall 20 be included in the calculation of the total amount 21 provided for fiscal year 2024 under section 176(d) 22 of such title: Provided further, That for purposes of 23 applying the set-asides under section 24 176(d)(5)(H)(ii) and (iii) of such title, amounts 25 63 •S 2437 RS made available under this paragraph for competitive 1 awards for activities eligible under sections 2 176(d)(4)(A) and 176(d)(4)(C) of such title shall be 3 included in the calculation of the amounts made 4 available to carry out section 176(d) of such title for 5 fiscal year 2024: Provided further, That, the Sec-6 retary may retain not more than a total of 5 percent 7 of the amounts made available under this paragraph 8 to carry out this paragraph and to review applica-9 tions for grants under this paragraph, and may 10 transfer portions of the funds retained under this 11 proviso to the relevant Administrators to fund the 12 award and oversight of grants provided under this 13 paragraph: Provided further, That a project assisted 14 with funds made available under this paragraph 15 shall be treated as a project on a Federal-aid high-16 way: Provided further, That section 11101(e) of 17 Public Law 117–58 shall apply to funds made avail-18 able under this paragraph. 19 (b) Funds described in this subsection are any funds 20 that— 21 (1) are unobligated on the date of enactment of 22 this Act; and 23 (2) were made available for credit assistance 24 under— 25 64 •S 2437 RS (A) the transportation infrastructure fi-1 nance and innovation program under sub-2 chapter II of chapter 1 of title 23, United 3 States Code, as in effect prior to August 10, 4 2005; or 5 (B) the transportation infrastructure fi-6 nance and innovation program under chapter 6 7 of title 23, United States Code. 8 (c) Funds made available under subsection (a) 9 shall— 10 (1) be subject to the obligation limitation for 11 Federal-aid highway and highway safety construc-12 tion programs; and 13 (2) unless otherwise specified under this sec-14 tion, be available until September 30, 2027. 15 S EC. 127. Section 127 of title 23, United States 16 Code, is amended by inserting at the end the following: 17 ‘‘(x) C ERTAINAGRICULTURAL VEHICLES IN THE 18 S TATE OFMISSISSIPPI.— 19 ‘‘(1) I N GENERAL.—The State of Mississippi 20 may allow, by special permit, the operation of a cov-21 ered agricultural vehicle on the Interstate System in 22 the State of Mississippi if such vehicle does not ex-23 ceed— 24 65 •S 2437 RS ‘‘(A) a gross vehicle weight of 88,000 1 pounds; and 2 ‘‘(B) 110 percent of the maximum weight 3 on any axle or axle group described in sub-4 section (a)(2), including any enforcement toler-5 ance. 6 ‘‘(2) C OVERED AGRICULTURAL VEHICLE DE -7 FINED.—In this subsection, the term ‘covered agri-8 cultural vehicle’ means a vehicle that is transporting 9 unprocessed agricultural crops used for food, feed or 10 fiber, or raw or unfinished forest products, including 11 logs, pulpwood, biomass or wood chips. 12 ‘‘(y) O PERATION OFCERTAINVEHICLES INWEST 13 V IRGINIA.— 14 ‘‘(1) I N GENERAL.—The State of West Virginia 15 may allow, by special permit, the operation of a vehi-16 cle that is transporting materials and equipment on 17 the Interstate System in the State of West Virginia 18 if such vehicle does not exceed 110 percent of the 19 maximum weight on any axle or axle group de-20 scribed in subsection (a)(2), including any enforce-21 ment tolerance, provided the remaining gross vehicle 22 weight requirements of subsection (a) are met. 23 ‘‘(2) D EFINITION.—In this subsection, the term 24 ‘materials and equipment’ means materials and 25 66 •S 2437 RS equipment that are used on a project eligible under 1 this chapter.’’. 2 F EDERALMOTORCARRIERSAFETYADMINISTRATION 3 MOTOR CARRIER SAFETY OPERATIONS AND PROGRAMS 4 (LIQUIDATION OF CONTRACT AUTHORIZATION) 5 (LIMITATION ON OBLIGATIONS) 6 (HIGHWAY TRUST FUND) 7 (INCLUDING TRANSFER OF FUNDS) 8 For payment of obligations incurred in the implemen-9 tation, execution and administration of motor carrier safe-10 ty operations and programs pursuant to section 31110 of 11 title 49, United States Code, as amended by the Infra-12 structure Investment and Jobs Act (Public Law 117–58), 13 $346,000,000, to be derived from the Highway Trust 14 Fund (other than the Mass Transit Account), together 15 with advances and reimbursements received by the Fed-16 eral Motor Carrier Safety Administration, the sum of 17 which shall remain available until expended: Provided, 18 That funds available for implementation, execution, or ad-19 ministration of motor carrier safety operations and pro-20 grams authorized under title 49, United States Code, shall 21 not exceed total obligations of $435,000,000, for ‘‘Motor 22 Carrier Safety Operations and Programs’’ for fiscal year 23 2024, of which $60,000,000 is to be transferred and made 24 available from prior year unobligated contract authority 25 67 •S 2437 RS provided for Motor Carrier Safety Grants or Motor Car-1 rier Safety Operations and Programs in the current or 2 prior appropriations or authorization Acts: Provided fur-3 ther, That of the sums appropriated under this heading: 4 (1) $14,073,000, to remain available for obliga-5 tion until September 30, 2026, is for the research 6 and technology program; 7 (2) not less than $99,098,000, to remain avail-8 able for obligation until September 30, 2026, is for 9 development, modernization, enhancement, and con-10 tinued operation and maintenance of information 11 technology and information management; and 12 (3) not less than $24,000,000, to remain avail-13 able for obligation until expended, is for a study of 14 the causal factors of fatal medium-duty truck crash-15 es: Provided, That the activities funded by the pre-16 vious proviso may be accomplished through direct 17 expenditure, direct research activities, grants, coop-18 erative agreements, contracts, intra- or inter agency 19 agreements, or other agreements with public organi-20 zations: Provided further, That such amounts, pay-21 ments, and obligation limitation as may be necessary 22 to carry out the study of the causal factors of fatal 23 medium duty truck crashes may be transferred and 24 68 •S 2437 RS credited to appropriate accounts of other partici-1 pating Federal agencies. 2 MOTOR CARRIER SAFETY GRANTS 3 (LIQUIDATION OF CONTRACT AUTHORIZATION) 4 (LIMITATION ON OBLIGATIONS) 5 (HIGHWAY TRUST FUND) 6 For payment of obligations incurred in carrying out 7 sections 31102, 31103, 31104, and 31313 of title 49, 8 United States Code, $516,300,000, to be derived from the 9 Highway Trust Fund (other than the Mass Transit Ac-10 count) and to remain available until expended: Provided, 11 That funds available for the implementation or execution 12 of motor carrier safety programs shall not exceed total ob-13 ligations of $516,300,000 in fiscal year 2024 for ‘‘Motor 14 Carrier Safety Grants’’: Provided further, That of the 15 amounts made available under this heading— 16 (1) $406,500,000, to remain available for obli-17 gation until September 30, 2025, shall be for the 18 motor carrier safety assistance program; 19 (2) $43,500,000, to remain available for obliga-20 tion until September 30, 2025, shall be for the com-21 mercial driver’s license program implementation pro-22 gram; 23 69 •S 2437 RS (3) $60,000,000, to remain available for obliga-1 tion until September 30, 2025, shall be for the high 2 priority program; 3 (4) $1,300,000, to remain available for obliga-4 tion until September 30, 2025, shall be for the com-5 mercial motor vehicle operators grant program; and 6 (5) $5,000,000, to remain available for obliga-7 tion until September 30, 2025, shall be for the com-8 mercial motor vehicle enforcement training and sup-9 port grant program. 10 ADMINISTRATIVE PROVISIONS —FEDERAL MOTOR 11 CARRIER SAFETY ADMINISTRATION 12 S EC. 130. The Federal Motor Carrier Safety Admin-13 istration shall send notice of section 385.308 of title 49, 14 Code of Federal Regulations, violations by certified mail, 15 registered mail, or another manner of delivery, which 16 records the receipt of the notice by the persons responsible 17 for the violations. 18 S EC. 131. None of the funds appropriated or other-19 wise made available to the Department of Transportation 20 by this Act or any other Act may be obligated or expended 21 to implement, administer, or enforce the requirements of 22 section 31137 of title 49, United States Code, or any regu-23 lation issued by the Secretary pursuant to such section, 24 with respect to the use of electronic logging devices by op-25 70 •S 2437 RS erators of commercial motor vehicles, as defined in section 1 31132(1) of such title, transporting livestock as defined 2 in section 602 of the Emergency Livestock Feed Assist-3 ance Act of 1988 (7 U.S.C. 1471) or insects. 4 S EC. 132. None of the funds made available by this 5 or any other Act may be used to require the use of inward 6 facing cameras or require a motor carrier to register an 7 apprenticeship program with the Department of Labor as 8 a condition for participation in the Safe Driver Appren-9 ticeship Pilot Program. 10 N ATIONALHIGHWAYTRAFFICSAFETYADMINISTRATION 11 OPERATIONS AND RESEARCH 12 For expenses necessary to discharge the functions of 13 the Secretary, with respect to traffic and highway safety, 14 authorized under chapter 301 and part C of subtitle VI 15 of title 49, United States Code, $222,000,000, to remain 16 available through September 30, 2025. 17 OPERATIONS AND RESEARCH 18 (LIQUIDATION OF CONTRACT AUTHORIZATION) 19 (LIMITATION ON OBLIGATIONS) 20 (HIGHWAY TRUST FUND) 21 For payment of obligations incurred in carrying out 22 the provisions of section 403 of title 23, United States 23 Code, including behavioral research on Automated Driving 24 Systems and Advanced Driver Assistance Systems and im-25 71 •S 2437 RS proving consumer responses to safety recalls, section 1 25024 of the Infrastructure Investment and Jobs Act 2 (Public Law 117–58), and chapter 303 of title 49, United 3 States Code, $201,200,000, to be derived from the High-4 way Trust Fund (other than the Mass Transit Account) 5 and to remain available until expended: Provided, That 6 none of the funds in this Act shall be available for the 7 planning or execution of programs the total obligations for 8 which, in fiscal year 2024, are in excess of $201,200,000: 9 Provided further, That of the sums appropriated under 10 this heading— 11 (1) $194,000,000 shall be for programs author-12 ized under section 403 of title 23, United States 13 Code, including behavioral research on Automated 14 Driving Systems and Advanced Driver Assistance 15 Systems and improving consumer responses to safety 16 recalls, and section 25024 of the Infrastructure In-17 vestment and Jobs Act (Public Law 117–58); and 18 (2) $7,200,000 shall be for the National Driver 19 Register authorized under chapter 303 of title 49, 20 United States Code: 21 Provided further, That within the $201,200,000 obligation 22 limitation for operations and research, $57,500,000 shall 23 remain available until September 30, 2025, and shall be 24 in addition to the amount of any limitation imposed on 25 72 •S 2437 RS obligations for future years: Provided further, That 1 amounts for behavioral research on Automated Driving 2 Systems and Advanced Driver Assistance Systems and im-3 proving consumer responses to safety recalls are in addi-4 tion to any other funds provided for those purposes for 5 fiscal year 2024 in this Act. 6 HIGHWAY TRAFFIC SAFETY GRANTS 7 (LIQUIDATION OF CONTRACT AUTHORIZATION) 8 (LIMITATION ON OBLIGATIONS) 9 (HIGHWAY TRUST FUND) 10 For payment of obligations incurred in carrying out 11 provisions of sections 402, 404, and 405 of title 23, 12 United States Code, and grant administration expenses 13 under chapter 4 of title 23, United States Code, to remain 14 available until expended, $813,300,800, to be derived from 15 the Highway Trust Fund (other than the Mass Transit 16 Account): Provided, That none of the funds in this Act 17 shall be available for the planning or execution of pro-18 grams for which the total obligations in fiscal year 2024 19 are in excess of $813,300,800 for programs authorized 20 under sections 402, 404, and 405 of title 23, United 21 States Code, and grant administration expenses under 22 chapter 4 of title 23, United States Code: Provided further, 23 That of the sums appropriated under this heading— 24 73 •S 2437 RS (1) $378,400,000 shall be for ‘‘Highway Safety 1 Programs’’ under section 402 of title 23, United 2 States Code; 3 (2) $353,500,000 shall be for ‘‘National Pri-4 ority Safety Programs’’ under section 405 of title 5 23, United States Code; 6 (3) $40,300,000 shall be for the ‘‘High Visi-7 bility Enforcement Program’’ under section 404 of 8 title 23, United States Code; and 9 (4) $41,100,800 shall be for grant administra-10 tive expenses under chapter 4 of title 23, United 11 States Code: 12 Provided further, That none of these funds shall be used 13 for construction, rehabilitation, or remodeling costs, or for 14 office furnishings and fixtures for State, local or private 15 buildings or structures: Provided further, That not to ex-16 ceed $500,000 of the funds made available for ‘‘National 17 Priority Safety Programs’’ under section 405 of title 23, 18 United States Code, for ‘‘Impaired Driving Counter-19 measures’’ (as described in subsection (d) of that section) 20 shall be available for technical assistance to the States: 21 Provided further, That with respect to the ‘‘Transfers’’ 22 provision under section 405(a)(8) of title 23, United 23 States Code, any amounts transferred to increase the 24 amounts made available under section 402 shall include 25 74 •S 2437 RS the obligation authority for such amounts: Provided fur-1 ther, That the Administrator shall notify the House and 2 Senate Committees on Appropriations of any exercise of 3 the authority granted under the preceding proviso or 4 under section 405(a)(8) of title 23, United States Code, 5 within 5 days. 6 ADMINISTRATIVE PROVISIONS —NATIONAL HIGHWAY 7 TRAFFIC SAFETY ADMINISTRATION 8 S EC. 140. An additional $130,000 shall be made 9 available to the National Highway Traffic Safety Adminis-10 tration, out of the amount limited for section 402 of title 11 23, United States Code, to pay for travel and related ex-12 penses for State management reviews and to pay for core 13 competency development training and related expenses for 14 highway safety staff. 15 S EC. 141. The limitations on obligations for the pro-16 grams of the National Highway Traffic Safety Adminis-17 tration set in this Act shall not apply to obligations for 18 which obligation authority was made available in previous 19 public laws but only to the extent that the obligation au-20 thority has not lapsed or been used. 21 S EC. 142. None of the funds in this Act or any other 22 Act shall be used to enforce the requirements of section 23 405(a)(9) of title 23, United States Code. 24 75 •S 2437 RS FEDERALRAILROADADMINISTRATION 1 SAFETY AND OPERATIONS 2 For necessary expenses of the Federal Railroad Ad-3 ministration, not otherwise provided for, $267,799,000, of 4 which $25,000,000 shall remain available until expended. 5 RAILROAD RESEARCH AND DEVELOPMENT 6 For necessary expenses for railroad research and de-7 velopment, $59,000,000, to remain available until ex-8 pended: Provided, That of the amounts provided under 9 this heading, up to $3,000,000 shall be available pursuant 10 to section 20108(d) of title 49, United States Code, for 11 the construction, alteration, and repair of buildings and 12 improvements at the Transportation Technology Center. 13 FEDERAL-STATE PARTNERSHIP FOR INTERCITY 14 PASSENGER RAIL 15 For necessary expenses related to Federal-State 16 Partnership for Intercity Passenger Rail grants as author-17 ized by section 24911 of title 49, United States Code, 18 $100,000,000, to remain available until expended: Pro-19 vided, That the Secretary may withhold up to 2 percent 20 of the amounts made available under this heading in this 21 Act for the costs of award and project management over-22 sight of grants carried out under title 49, United States 23 Code. 24 76 •S 2437 RS CONSOLIDATED RAIL INFRASTRUCTURE AND SAFETY 1 IMPROVEMENTS 2 (INCLUDING TRANSFER OF FUNDS) 3 For necessary expenses related to Consolidated Rail 4 Infrastructure and Safety Improvements grants, as au-5 thorized by section 22907 of title 49, United States Code, 6 $572,861,000, to remain available until expended: Pro-7 vided, That of the amounts made available under this 8 heading in this Act— 9 (1) $72,861,000 shall be made available for the 10 purposes, and in amounts, specified for Congression-11 ally Directed Spending in the table entitled ‘‘Con-12 gressionally Directed Spending’’ included in the re-13 port accompanying this Act: Provided further, That 14 requirements under subsections (g) and (l) of section 15 22907 of title 49, United States Code, shall not 16 apply to the preceding proviso: Provided further, 17 That any remaining funds available after the dis-18 tribution of the Congressionally Directed Spending 19 described in this paragraph shall be available to the 20 Secretary to distribute as discretionary grants under 21 this heading; and 22 (2) not less than $5,000,000 shall be available 23 for workforce development and training activities as 24 77 •S 2437 RS authorized under section 22907(c)(13) of title 49, 1 United States Code: 2 Provided further, That for amounts made available under 3 this heading in this Act, eligible projects under section 4 22907(c)(8) of title 49, United States Code, shall also in-5 clude railroad systems planning (including the preparation 6 of regional intercity passenger rail plans and State Rail 7 Plans) and railroad project development activities (includ-8 ing railroad project planning, preliminary engineering, de-9 sign, environmental analysis, feasibility studies, and the 10 development and analysis of project alternatives): Provided 11 further, That section 22905(f) of title 49, United States 12 Code, shall not apply to amounts made available under 13 this heading in this Act for projects that implement or 14 sustain positive train control systems otherwise eligible 15 under section 22907(c)(1) of title 49, United States Code: 16 Provided further, That amounts made available under this 17 heading in this Act for projects selected for commuter rail 18 passenger transportation may be transferred by the Sec-19 retary, after selection, to the appropriate agencies to be 20 administered in accordance with chapter 53 of title 49, 21 United States Code: Provided further, That for amounts 22 made available under this heading in this Act, eligible re-23 cipients under section 22907(b)(7) of title 49, United 24 States Code, shall include any holding company of a Class 25 78 •S 2437 RS II railroad or Class III railroad (as those terms are de-1 fined in section 20102 of title 49, United States Code): 2 Provided further, That section 22907(e)(1)(A) of title 49, 3 United States Code, shall not apply to amounts made 4 available under this heading in this Act: Provided further, 5 That section 22907(e)(1)(A) of title 49, United States 6 Code, shall not apply to amounts made available under 7 this heading in previous fiscal years if such funds are an-8 nounced in a notice of funding opportunity that includes 9 funds made available under this heading in this Act: Pro-10 vided further, That the preceding proviso shall not apply 11 to funds made available under this heading in the Infra-12 structure Investment and Jobs Act (division J of Public 13 Law 117–58): Provided further, That unobligated balances 14 remaining after 6 years from the date of enactment of this 15 Act may be used for any eligible project under section 16 22907(c) of title 49, United States Code: Provided further, 17 That the Secretary may withhold up to 2 percent of the 18 amounts made available under this heading in this Act for 19 the costs of award and project management oversight of 20 grants carried out under title 49, United States Code. 21 NORTHEAST CORRIDOR GRANTS TO THE NATIONAL 22 RAILROAD PASSENGER CORPORATION 23 To enable the Secretary of Transportation to make 24 grants to the National Railroad Passenger Corporation for 25 79 •S 2437 RS activities associated with the Northeast Corridor as au-1 thorized by section 22101(a) of the Infrastructure Invest-2 ment and Jobs Act (Public Law 117–58), $1,141,442,000, 3 to remain available until expended: Provided, That the 4 Secretary may retain up to one-half of 1 percent of the 5 amounts made available under both this heading in this 6 Act and the ‘‘National Network Grants to the National 7 Railroad Passenger Corporation’’ heading in this Act to 8 fund the costs of project management and oversight of ac-9 tivities authorized by section 22101(c) of the Infrastruc-10 ture Investment and Jobs Act (Public Law 117–58): Pro-11 vided further, That in addition to the project management 12 oversight funds authorized under section 22101(c) of the 13 Infrastructure Investment and Jobs Act (Public Law 117– 14 58), the Secretary may retain up to an additional 15 $5,000,000 of the amounts made available under this 16 heading in this Act to fund expenses associated with the 17 Northeast Corridor Commission established under section 18 24905 of title 49, United States Code. 19 NATIONAL NETWORK GRANTS TO THE NATIONAL 20 RAILROAD PASSENGER CORPORATION 21 To enable the Secretary of Transportation to make 22 grants to the National Railroad Passenger Corporation for 23 activities associated with the National Network as author-24 ized by section 22101(b) of the Infrastructure Investment 25 80 •S 2437 RS and Jobs Act (division B of Public Law 117–58), 1 $1,313,033,000, to remain available until expended: Pro-2 vided, That the Secretary may retain up to an additional 3 $3,000,000 of the funds provided under this heading in 4 this Act to fund expenses associated with the State-Sup-5 ported Route Committee established under section 24712 6 of title 49, United States Code: Provided further, That 7 none of the funds provided under this heading in this Act 8 shall be used by Amtrak to give notice under subsection 9 (a) or (c) of section 24706 of title 49, United States Code, 10 with respect to long-distance routes (as defined in section 11 24102 of title 49, United States Code) on which Amtrak 12 is the sole operator on a host railroad’s line and a positive 13 train control system is not required by law or regulation, 14 or, except in an emergency or during maintenance or con-15 struction outages impacting such routes, to otherwise dis-16 continue, reduce the frequency of, suspend, or substan-17 tially alter the route of rail service on any portion of such 18 route operated in fiscal year 2018, including implementa-19 tion of service permitted by section 24305(a)(3)(A) of title 20 49, United States Code, in lieu of rail service: Provided 21 further, That the National Railroad Passenger Corpora-22 tion may use up to $66,000,000 of the amounts made 23 available under this heading in this Act for corridor devel-24 81 •S 2437 RS opment activities as authorized by section 22101(h) of di-1 vision B of Public Law 117–58. 2 ADMINISTRATIVE PROVISIONS —FEDERAL RAILROAD 3 ADMINISTRATION 4 (INCLUDING RESCISSIONS) 5 (INCLUDING TRANSFER OF FUNDS) 6 S EC. 150. None of the funds made available by this 7 Act may be used by the National Railroad Passenger Cor-8 poration in contravention of the Worker Adjustment and 9 Retraining Notification Act (29 U.S.C. 2101 et seq.). 10 S EC. 151. The amounts made available to the Sec-11 retary or to the Federal Railroad Administration for the 12 costs of award, administration, and project management 13 oversight of financial assistance which are administered 14 by the Federal Railroad Administration, in this and prior 15 Acts, may be transferred to the Federal Railroad Adminis-16 tration’s ‘‘Financial Assistance Oversight and Technical 17 Assistance’’ account for the necessary expenses to support 18 the award, administration, project management oversight, 19 and technical assistance of financial assistance adminis-20 tered by the Federal Railroad Administration, in the same 21 manner as appropriated for in this and prior Acts: Pro-22 vided, That this section shall not apply to amounts that 23 were previously designated by the Congress as an emer-24 gency requirement pursuant to a concurrent resolution on 25 82 •S 2437 RS the budget or the Balanced Budget and Emergency Def-1 icit Control Act of 1985. 2 S EC. 152. Of the unobligated balances of funds re-3 maining from— 4 (1) ‘‘Northeast Corridor Improvement Pro-5 gram’’ account totaling $126,348 appropriated by 6 Public Law 114–113 is hereby permanently re-7 scinded; 8 (2) ‘‘Railroad Safety Grants’’ account totaling 9 $81,257.66 appropriated by Public Law 113–235 is 10 hereby permanently rescinded; 11 (3) ‘‘Capital Assistance for High Speed Rail 12 Corridors and Intercity Passenger Rail Service’’ ac-13 count totaling $53,118,096.83 appropriated by Pub-14 lic Law 111–117 is hereby permanently rescinded; 15 (4) ‘‘Next Generation High-Speed Rail’’ ac-16 count totaling $94.94 appropriated by Public Law 17 108–447 is hereby permanently rescinded; and 18 (5) ‘‘Grants to the National Railroad Passenger 19 Corporation’’ account totaling $678.16 appropriated 20 by Public Law 108–447. 21 S EC. 153. None of the funds made available to the 22 National Railroad Passenger Corporation may be used to 23 fund any overtime costs in excess of $35,000 for any indi-24 vidual employee: Provided, That the President of Amtrak 25 83 •S 2437 RS may waive the cap set in the preceding proviso for specific 1 employees when the President of Amtrak determines such 2 a cap poses a risk to the safety and operational efficiency 3 of the system: Provided further, That the President of Am-4 trak shall report to the House and Senate Committees on 5 Appropriations no later than 60 days after the date of en-6 actment of this Act, a summary of all overtime payments 7 incurred by Amtrak for 2023 and the 3 prior calendar 8 years: Provided further, That such summary shall include 9 the total number of employees that received waivers and 10 the total overtime payments Amtrak paid to employees re-11 ceiving waivers for each month for 2023 and for the 3 12 prior calendar years. 13 S EC. 154. It is the sense of Congress that— 14 (1) long-distance passenger rail routes provide 15 much-needed transportation access for 4,700,000 16 riders in 325 communities in 40 States and are par-17 ticularly important in rural areas; and 18 (2) long-distance passenger rail routes and 19 services should be sustained to ensure connectivity 20 throughout the National Network (as defined in sec-21 tion 24102 of title 49, United States Code). 22 84 •S 2437 RS FEDERALTRANSITADMINISTRATION 1 TRANSIT FORMULA GRANTS 2 (LIQUIDATION OF CONTRACT AUTHORIZATION) 3 (LIMITATION ON OBLIGATIONS) 4 (HIGHWAY TRUST FUND) 5 For payment of obligations incurred in the Federal 6 Public Transportation Assistance Program in this ac-7 count, and for payment of obligations incurred in carrying 8 out the provisions of 49 U.S.C. 5305, 5307, 5310, 5311, 9 5312, 5314, 5318, 5329(e)(6), 5334, 5335, 5337, 5339, 10 and 5340, section 20005(b) of Public Law 112–141, and 11 section 3006(b) of Public Law 114–94, $13,990,000,000, 12 to be derived from the Mass Transit Account of the High-13 way Trust Fund and to remain available until expended: 14 Provided, That funds available for the implementation or 15 execution of programs authorized under 49 U.S.C. 5305, 16 5307, 5310, 5311, 5312, 5314, 5318, 5329(e)(6), 5334, 17 5335, 5337, 5339, and 5340, section 20005(b) of Public 18 Law 112–141, and section 3006(b) of Public Law 114– 19 94, shall not exceed total obligations of $13,990,000,000 20 in fiscal year 2024. 21 TRANSIT INFRASTRUCTURE GRANTS 22 For an additional amount for buses and bus facilities 23 grants under section 5339(b) of title 49, United States 24 Code, low or no emission grants under section 5339(c) of 25 85 •S 2437 RS such title, ferry boats grants under section 5307(h) of 1 such title, bus testing facilities under section 5318 of such 2 title, accelerating innovative mobility initiative grants 3 under section 5312 of such title, accelerating the adoption 4 of zero emission buses under section 5312 of such title, 5 Congressionally Directed Spending for projects and activi-6 ties eligible under chapter 53 of such title, and ferry serv-7 ice for rural communities under section 71103 of division 8 G of Public Law 117–58, $268,261,000, to remain avail-9 able until expended: Provided, That of the sums provided 10 under this heading in this Act— 11 (1) $80,000,000 shall be available for buses and 12 bus facilities competitive grants as authorized under 13 section 5339(b) of such title; 14 (2) $46,000,000 shall be available for the low 15 or no emission grants as authorized under section 16 5339(c) of such title: Provided, That the minimum 17 grant award shall be not less than $750,000; 18 (3) $20,000,000 shall be available for ferry 19 boat grants as authorized under section 5307(h) of 20 such title: Provided, That of the amounts provided 21 under this paragraph, no less than $5,000,000 shall 22 be available for low or zero emission ferries or fer-23 ries using electric battery or fuel cell components 24 and the infrastructure to support such ferries; 25 86 •S 2437 RS (4) $2,000,000 shall be available for the oper-1 ation and maintenance of the bus testing facilities 2 selected under section 5318 of such title; 3 (5) $82,247,000 shall be available for the pur-4 poses, and in amounts, specified for Congressionally 5 Directed Spending in the table entitled ‘‘Congres-6 sionally Directed Spending’’ included in the report 7 accompanying this Act: Provided, That unless other-8 wise specified, applicable requirements under chapter 9 53 of title 49, United States Code, shall apply to 10 amounts made available in this paragraph, except 11 that the Federal share of the costs for a project in 12 this paragraph shall be in an amount equal to 80 13 percent of the net costs of the project, unless the 14 Secretary approves a higher maximum Federal share 15 of the net costs of the project consistent with admin-16 istration of similar projects funded under chapter 53 17 of title 49, United States Code; 18 (6) $23,014,000 shall be available for ferry 19 service for rural communities under section 71103 of 20 division G of Public Law 117–58: Provided, That for 21 amounts made available in this paragraph, notwith-22 standing section 71103(a)(2)(B), eligible service 23 shall include passenger ferry service that serves at 24 least two rural areas with a single segment over 15 25 87 •S 2437 RS miles between the two rural areas and is not other-1 wise eligible under section 5307(h) of title 49, 2 United States Code: Provided further, That entities 3 that provide eligible service pursuant to the pre-4 ceding proviso may use amounts made available in 5 this paragraph for public transportation capital 6 projects to support any ferry service between two 7 rural areas: Provided further, That entities eligible 8 for amounts made available in this paragraph shall 9 only provide ferry service to rural areas; 10 (7) $10,000,000 shall be for the accelerating in-11 novative mobility initiative as authorized under sec-12 tion 5312 of title 49, United States Code: Provided, 13 That such amounts shall be available for competitive 14 grants or demonstration projects that improve mo-15 bility and operational effectiveness, enhance the 16 rider experience, create innovative service delivery 17 models, or develop integrated payment solutions in 18 order to help disseminate proven innovation mobility 19 practices throughout the public transportation indus-20 try; and 21 (8) $5,000,000 shall be available to support 22 technical assistance, research, demonstration, or de-23 ployment activities or projects to accelerate the 24 adoption of zero emission buses in public transit as 25 88 •S 2437 RS authorized under section 5312 of title 49, United 1 States Code: 2 Provided further, That amounts made available under this 3 heading in this Act shall be derived from the general fund: 4 Provided further, That amounts made available under this 5 heading in this Act shall not be subject to any limitation 6 on obligations for transit programs set forth in this or any 7 other Act. 8 TECHNICAL ASSISTANCE AND TRAINING 9 For necessary expenses to carry out section 5314 of 10 title 49, United States Code, $7,500,000, to remain avail-11 able until September 30, 2025: Provided, That the assist-12 ance provided under this heading does not duplicate the 13 activities of section 5311(b) or section 5312 of title 49, 14 United States Code: Provided further, That amounts made 15 available under this heading are in addition to any other 16 amounts made available for such purposes: Provided fur-17 ther, That amounts made available under this heading 18 shall not be subject to any limitation on obligations set 19 forth in this or any other Act. 20 CAPITAL INVESTMENT GRANTS 21 For necessary expenses to carry out fixed guideway 22 capital investment grants under section 5309 of title 49, 23 United States Code, and section 3005(b) of the Fixing 24 America’s Surface Transportation Act (Public Law 114– 25 89 •S 2437 RS 94), $2,450,000,000, to remain available until expended: 1 Provided, That of the sums appropriated under this head-2 ing in this Act— 3 (1) $1,910,000,000 shall be available for 4 projects authorized under section 5309(d) of title 5 49, United States Code; 6 (2) up to $100,000,000 shall be available for 7 projects authorized under section 5309(e) of title 49, 8 United States Code; 9 (3) $340,000,000 shall be available for projects 10 authorized under section 5309(h) of title 49, United 11 States Code; and 12 (4) up to $100,000,000 shall be available for 13 projects authorized under section 3005(b) of the 14 Fixing America’s Surface Transportation Act: 15 Provided further, That the Secretary shall continue to ad-16 minister the capital investment grants program in accord-17 ance with the procedural and substantive requirements of 18 section 5309 of title 49, United States Code, and of sec-19 tion 3005(b) of the Fixing America’s Surface Transpor-20 tation Act: Provided further, That projects that receive a 21 grant agreement under the Expedited Project Delivery for 22 Capital Investment Grants Pilot Program under section 23 3005(b) of the Fixing America’s Surface Transportation 24 Act shall be deemed eligible for funding provided for 25 90 •S 2437 RS projects under section 5309 of title 49, United States 1 Code, without further evaluation or rating under such sec-2 tion: Provided further, That such funding shall not exceed 3 the Federal share under section 3005(b): Provided further, 4 That funds allocated to any project during fiscal years 5 2015, 2016, or 2017 pursuant to section 5309 of title 49, 6 United States Code, shall remain allocated to that project 7 through fiscal year 2024: Provided further, That upon sub-8 mission to the Congress of the fiscal year 2025 President’s 9 budget, the Secretary of Transportation shall transmit to 10 Congress the annual report on capital investment grants, 11 including proposed allocations for fiscal year 2025. 12 GRANTS TO THE WASHINGTON METROPOLITAN AREA 13 TRANSIT AUTHORITY 14 For grants to the Washington Metropolitan Area 15 Transit Authority as authorized under section 601 of divi-16 sion B of the Passenger Rail Investment and Improvement 17 Act of 2008 (Public Law 110–432), $150,000,000, to re-18 main available until expended: Provided, That the Sec-19 retary of Transportation shall approve grants for capital 20 and preventive maintenance expenditures for the Wash-21 ington Metropolitan Area Transit Authority only after re-22 ceiving and reviewing a request for each specific project: 23 Provided further, That the Secretary shall determine that 24 the Washington Metropolitan Area Transit Authority has 25 91 •S 2437 RS placed the highest priority on those investments that will 1 improve the safety of the system before approving such 2 grants. 3 ADMINISTRATIVE PROVISIONS —FEDERAL TRANSIT 4 ADMINISTRATION 5 (INCLUDING RESCISSION) 6 (INCLUDING TRANSFER OF FUNDS) 7 S EC. 160. The limitations on obligations for the pro-8 grams of the Federal Transit Administration shall not 9 apply to any authority under 49 U.S.C. 5338, previously 10 made available for obligation, or to any other authority 11 previously made available for obligation. 12 S EC. 161. Notwithstanding any other provision of 13 law, funds appropriated or limited by this Act under the 14 heading ‘‘Capital Investment Grants’’ of the Federal 15 Transit Administration for projects specified in this Act 16 not obligated by September 30, 2027, and other recov-17 eries, shall be directed to projects eligible to use the funds 18 for the purposes for which they were originally provided. 19 S EC. 162. Notwithstanding any other provision of 20 law, any funds appropriated before October 1, 2023, under 21 any section of chapter 53 of title 49, United States Code, 22 that remain available for expenditure, may be transferred 23 to and administered under the most recent appropriation 24 heading for any such section. 25 92 •S 2437 RS SEC. 163. None of the funds made available by this 1 Act or any other Act shall be used to adjust apportion-2 ments or withhold funds from apportionments pursuant 3 to section 9503(e)(4) of the Internal Revenue Code of 4 1986 (26 U.S.C. 9503(e)(4)). 5 S EC. 164. None of the funds made available by this 6 Act or any other Act shall be used to impede or hinder 7 project advancement or approval for any project seeking 8 a Federal contribution from the capital investment grants 9 program of greater than 40 percent of project costs as 10 authorized under section 5309 of title 49, United States 11 Code. 12 S EC. 165. Of the unobligated balances made available 13 before October 1, 2013 for ‘‘Transit Research’’ in Treas-14 ury Account 69–X–1137, $581,046 is hereby permanently 15 rescinded. 16 S EC. 166. (a) Of the unobligated balances made 17 available for the ‘‘Clean Fuels Grant Program’’ under sec-18 tion 5308 of title 49, United States Code, $4,009,637 19 shall be transferred to and administered under section 20 5339(c) of title 49, United States Code. 21 (b) Of the unobligated balances made available for 22 the ‘‘Rural Transportation Accessibility Incentive Pro-23 gram’’ under section 3038 of Public Law 105–178, 24 93 •S 2437 RS $4,072,214 shall be transferred to and administered under 1 section 5311 of title 49, United States Code. 2 (c) Of the unobligated balances made available for the 3 ‘‘Alternatives Analysis Program’’ under section 5339 of 4 title 49, United States Code, $1,975,409 shall be trans-5 ferred to and administered under section 5305 of title 49, 6 United States Code. 7 (d) Of the unobligated balances made available for 8 ‘‘Alternative Transportation in Parks and Public Lands’’ 9 under section 5320 of title 49, United States Code, 10 $2,148,414 shall be transferred to and administered under 11 section 5311 of title 49, United States Code. 12 (e) Of the unobligated balances made available for 13 ‘‘Job Access and Reverse Commute Formula Grants’’ 14 under section 5316 of title 49, United States Code, 15 $45,187,599 shall be available for competitive grants to 16 eligible entities to assist areas of persistent poverty as de-17 fined under section 6702(a)(1) of title 49, United States 18 Code, or historically disadvantaged communities, for the 19 same purposes for which amounts were provided for 20 grants to areas of persistent poverty under the heading 21 ‘‘Federal Transit Administration—Transit Infrastructure 22 Grants’’ in the Consolidated Appropriations Act, 2022 23 (Public Law 117–103). 24 94 •S 2437 RS (f) Of the unobligated balances made available for 1 ‘‘New Freedom’’ under section 5317 of title 49, United 2 States Code, $40,536,306 shall be transferred and admin-3 istered under section 5310 of title 49, United States Code. 4 (g) Of the unobligated balances made available for 5 ‘‘Bus Capital’’ under section 5039 if title 49, United 6 States Code, $81,863,444 shall be transferred and admin-7 istered under section 5339 of title 49, United States Code. 8 S EC. 167. (a) Funds obligated in fiscal year 2024 for 9 grants under sections 5310 and 5311 of title 49, United 10 States Code, may be used for up to 100 percent of the 11 eligible net costs of a project, notwithstanding subsection 12 (d) of section 5310 and subsection (g) of section 5311 of 13 such title. 14 (b) Notwithstanding section 5339(b)(6)(B) of title 15 49, United States Code, the Federal share of the costs 16 for which an amount is provided in this Act to a federally 17 recognized Indian Tribe for activities carried out under 18 section 5339(b) of title 49, United States Code, may be, 19 at the option of such Indian Tribe, up to 100 percent. 20 (c) Notwithstanding section 5339(c)(7)(A) of title 49, 21 United States Code, the Federal share of the costs for 22 which an amount is provided in this Act to a federally 23 recognized Indian Tribe for activities carried out under 24 95 •S 2437 RS section 5339(c) of title 49, United States Code, may be, 1 at the option of such Indian Tribe, up to 100 percent. 2 S EC. 168. Section 5323 of title 49, United States 3 Code, is amended in subsection (q)— 4 (1) in the matter preceding paragraph (1), by 5 striking ‘‘C ORRIDORPRESERVATION’’ and inserting 6 ‘‘R EALPROPERTYINTERESTS’’; 7 (2) in paragraph (1)— 8 (A) by striking ‘‘right-of-way’’ each time it 9 appears and inserting ‘‘real property interests’’; 10 and 11 (B) by inserting ‘‘acquired’’ after ‘‘may 12 use the’’; and 13 (3) in paragraph (2), by striking ‘‘Right-of- 14 way’’ and inserting ‘‘Real property interests’’. 15 G REATLAKESST. LAWRENCESEAWAYDEVELOPMENT 16 C ORPORATION 17 The Great Lakes St. Lawrence Seaway Development 18 Corporation is hereby authorized to make such expendi-19 tures, within the limits of funds and borrowing authority 20 available to the Corporation, and in accord with law, and 21 to make such contracts and commitments without regard 22 to fiscal year limitations, as provided by section 9104 of 23 title 31, United States Code, as may be necessary in car-24 96 •S 2437 RS rying out the programs set forth in the Corporation’s 1 budget for the current fiscal year. 2 OPERATIONS AND MAINTENANCE 3 (HARBOR MAINTENANCE TRUST FUND) 4 For necessary expenses to conduct the operations, 5 maintenance, and capital infrastructure activities on por-6 tions of the St. Lawrence Seaway owned, operated, and 7 maintained by the Great Lakes St. Lawrence Seaway De-8 velopment Corporation, $40,288,000, to be derived from 9 the Harbor Maintenance Trust Fund, pursuant to section 10 210 of the Water Resources Development Act of 1986 (33 11 U.S.C. 2238): Provided, That of the amounts made avail-12 able under this heading, not less than $16,300,000 shall 13 be for the seaway infrastructure program. 14 M ARITIMEADMINISTRATION 15 MARITIME SECURITY PROGRAM 16 For necessary expenses to maintain and preserve a 17 U.S.-flag merchant fleet as authorized under chapter 531 18 of title 46, United States Code, to serve the national secu-19 rity needs of the United States, $318,000,000, to remain 20 available until expended. 21 CABLE SECURITY FLEET 22 For the cable security fleet program, as authorized 23 under chapter 532 of title 46, United States Code, 24 $10,000,000, to remain available until expended. 25 97 •S 2437 RS TANKER SECURITY PROGRAM 1 For Tanker Security Fleet payments, as authorized 2 under section 53406 of title 46, United States Code, 3 $120,000,000, to remain available until expended. 4 OPERATIONS AND TRAINING 5 For necessary expenses of operations and training ac-6 tivities authorized by law, $283,546,000: Provided, That 7 of the sums appropriated under this heading— 8 (1) $103,500,000 shall remain available until 9 September 30, 2025, for the operations of the 10 United States Merchant Marine Academy; 11 (2) $22,000,000 shall remain available until ex-12 pended for facilities maintenance and repair, and 13 equipment, at the United States Merchant Marine 14 Academy; 15 (3) $70,000,000 shall remain available until ex-16 pended for capital improvements at the United 17 States Merchant Marine Academy; 18 (4) $7,500,000 shall remain available until Sep-19 tember 30, 2025, for the Maritime Environmental 20 and Technical Assistance program authorized under 21 section 50307 of title 46, United States Code; and 22 (5) $10,000,000 shall remain available until ex-23 pended, for the United States Marine Highway Pro-24 98 •S 2437 RS gram to make grants for the purposes authorized 1 under section 55601 of title 46, United States Code: 2 Provided further, That the Administrator of the Maritime 3 Administration shall transmit to the House and Senate 4 Committees on Appropriations the annual report on sexual 5 assault and sexual harassment at the United States Mer-6 chant Marine Academy as required pursuant to section 7 3510 of the National Defense Authorization Act for fiscal 8 year 2017 (46 U.S.C. 51318): Provided further, That 9 available balances under this heading for the Short Sea 10 Transportation Program or America’s Marine Highway 11 Program (now known as the United States Marine High-12 way Program) from prior year recoveries shall be available 13 to carry out activities authorized under section 55601 of 14 title 46, United States Code. 15 STATE MARITIME ACADEMY OPERATIONS 16 For necessary expenses of operations, support, and 17 training activities for State Maritime Academies, 18 $131,000,000: Provided, That of the sums appropriated 19 under this heading— 20 (1) $22,000,000 shall remain available until ex-21 pended for maintenance, repair, and life extension of 22 training ships at the State Maritime Academies; 23 (2) $91,800,000 shall remain available until ex-24 pended for the National Security Multi-Mission Ves-25 99 •S 2437 RS sel Program, including funds for construction, plan-1 ning, administration, and design of school ships and, 2 as determined by the Secretary, necessary expenses 3 to design, plan, construct infrastructure, and pur-4 chase equipment necessary to berth such ships, of 5 which up to $8,900,000 may be used for expenses 6 related to the oversight and management of school 7 ships to include the purchase of equipment and the 8 repair and maintenance of training vessels: Provided, 9 That such funds may be used to reimburse State 10 Maritime Academies for costs incurred prior to the 11 date of enactment of this Act; 12 (3) $2,400,000 shall remain available until Sep-13 tember 30, 2028, for the Student Incentive Pro-14 gram; 15 (4) $8,800,000 shall remain available until ex-16 pended for training ship fuel assistance; and 17 (5) $6,000,000 shall remain available until Sep-18 tember 30, 2025, for direct payments for State Mar-19 itime Academies. 20 ASSISTANCE TO SMALL SHIPYARDS 21 To make grants to qualified shipyards as authorized 22 under section 54101 of title 46, United States Code, 23 $20,000,000, to remain available until expended. 24 100 •S 2437 RS SHIP DISPOSAL 1 For necessary expenses related to the disposal of ob-2 solete vessels in the National Defense Reserve Fleet of the 3 Maritime Administration, $6,021,000, to remain available 4 until expended. 5 MARITIME GUARANTEED LOAN (TITLE XI) PROGRAM 6 ACCOUNT 7 (INCLUDING TRANSFER OF FUNDS) 8 For the cost of guaranteed loans, $103,020,000, of 9 which $100,000,000 shall remain available until expended: 10 Provided, That such costs, including the costs of modifying 11 such loans, shall be as defined in section 502 of the Con-12 gressional Budget Act of 1974, as amended: Provided fur-13 ther, That not to exceed $3,020,000 shall be for adminis-14 trative expenses to carry out the guaranteed loan program, 15 which shall be transferred to and merged with the appro-16 priations for ‘‘Maritime Administration—Operations and 17 Training’’. 18 PORT INFRASTRUCTURE DEVELOPMENT PROGRAM 19 To make grants to improve port facilities as author-20 ized under section 54301 of title 46, United States Code, 21 $213,000,000, to remain available until expended: Pro-22 vided, That projects eligible for amounts made available 23 under this heading in this Act shall be projects for coastal 24 seaports, inland river ports, or Great Lakes ports: Pro-25 101 •S 2437 RS vided further, That of the amounts made available under 1 this heading in this Act, not less than $188,000,000 shall 2 be for coastal seaports or Great Lakes ports: Provided fur-3 ther, That the requirements under section 3501(a)(9) of 4 the National Defense Authorization Act for Fiscal Year 5 2023 (Public Law 117–263) shall apply to amounts made 6 available under this heading in this Act: Provided further, 7 That for grants awarded under this heading in this Act, 8 the minimum grant size shall be $1,000,000: Provided fur-9 ther, That for amounts made available under this heading 10 in this Act, the requirement under section 11 54301(a)(6)(A)(ii) of title 46, United States Code, shall 12 not apply to projects located in noncontiguous States or 13 territories. 14 ADMINISTRATIVE PROVISION —MARITIME 15 ADMINISTRATION 16 S EC. 170. Notwithstanding any other provision of 17 this Act, in addition to any existing authority, the Mari-18 time Administration is authorized to furnish utilities and 19 services and make necessary repairs in connection with 20 any lease, contract, or occupancy involving Government 21 property under control of the Maritime Administration: 22 Provided, That payments received therefor shall be cred-23 ited to the appropriation charged with the cost thereof and 24 shall remain available until expended: Provided further, 25 102 •S 2437 RS That rental payments under any such lease, contract, or 1 occupancy for items other than such utilities, services, or 2 repairs shall be deposited into the Treasury as miscella-3 neous receipts. 4 P IPELINE ANDHAZARDOUSMATERIALSSAFETY 5 A DMINISTRATION 6 OPERATIONAL EXPENSES 7 For necessary operational expenses of the Pipeline 8 and Hazardous Materials Safety Administration, 9 $31,681,000, of which $4,500,000 shall remain available 10 until September 30, 2026. 11 HAZARDOUS MATERIALS SAFETY 12 For expenses necessary to discharge the hazardous 13 materials safety functions of the Pipeline and Hazardous 14 Materials Safety Administration, $74,556,000, of which 15 $12,070,000 shall remain available until September 30, 16 2026, of which $1,000,000 shall be made available for car-17 rying out section 5107(i) of title 49, United States Code: 18 Provided, That up to $800,000 in fees collected under sec-19 tion 5108(g) of title 49, United States Code, shall be de-20 posited in the general fund of the Treasury as offsetting 21 receipts: Provided further, That there may be credited to 22 this appropriation, to be available until expended, funds 23 received from States, counties, municipalities, other public 24 authorities, and private sources for expenses incurred for 25 103 •S 2437 RS training, for reports publication and dissemination, and 1 for travel expenses incurred in performance of hazardous 2 materials exemptions and approvals functions. 3 PIPELINE SAFETY 4 (PIPELINE SAFETY FUND) 5 (OIL SPILL LIABILITY TRUST FUND) 6 For expenses necessary to carry out a pipeline safety 7 program, as authorized by section 60107 of title 49, 8 United States Code, and to discharge the pipeline program 9 responsibilities of the Oil Pollution Act of 1990 (Public 10 Law 101–380), $226,228,000, to remain available until 11 September 30, 2026, of which $30,000,000 shall be de-12 rived from the Oil Spill Liability Trust Fund; of which 13 $188,828,000 shall be derived from the Pipeline Safety 14 Fund; of which $400,000 shall be derived from the fees 15 collected under section 60303 of title 49, United States 16 Code, and deposited in the Liquefied Natural Gas Siting 17 Account for compliance reviews of liquefied natural gas 18 facilities; and of which $7,000,000 shall be derived from 19 fees collected under section 60302 of title 49, United 20 States Code, and deposited in the Underground Natural 21 Gas Storage Facility Safety Account for the purpose of 22 carrying out section 60141 of title 49, United States Code: 23 Provided, That not less than $1,058,000 of the amounts 24 made available under this heading shall be for the One- 25 104 •S 2437 RS Call State grant program: Provided further, That any 1 amounts made available under this heading in this Act or 2 in prior Acts for research contracts, grants, cooperative 3 agreements or research other transactions agreements 4 (‘‘OTAs’’) shall require written notification to the House 5 and Senate Committees on Appropriations not less than 6 3 full business days before such research contracts, grants, 7 cooperative agreements, or research OTAs are announced 8 by the Department of Transportation: Provided further, 9 That the Secretary shall transmit to the House and Sen-10 ate Committees on Appropriations the report on pipeline 11 safety testing enhancement as required pursuant to sec-12 tion 105 of the Protecting our Infrastructure of Pipelines 13 and Enhancing Safety Act of 2020 (division R of Public 14 Law 116–260): Provided further, That the Secretary may 15 obligate amounts made available under this heading to en-16 gineer, erect, alter, and repair buildings or make any other 17 public improvements for research facilities at the Trans-18 portation Technology Center after the Secretary submits 19 an updated research plan and the report in the preceding 20 proviso to the House and Senate Committees on Appro-21 priations and after such plan and report in the preceding 22 proviso are approved by the House and Senate Commit-23 tees on Appropriations. 24 105 •S 2437 RS EMERGENCY PREPAREDNESS GRANTS 1 (LIMITATION ON OBLIGATIONS) 2 (EMERGENCY PREPAREDNESS FUND) 3 For expenses necessary to carry out the Emergency 4 Preparedness Grants program, not more than 5 $46,825,000 shall remain available until September 30, 6 2026, from amounts made available by section 5116(h) 7 and subsections (b) and (c) of section 5128 of title 49, 8 United States Code: Provided, That notwithstanding sec-9 tion 5116(h)(4) of title 49, United States Code, not more 10 than 4 percent of the amounts made available from this 11 account shall be available to pay the administrative costs 12 of carrying out sections 5116, 5107(e), and 5108(g)(2) 13 of title 49, United States Code: Provided further, That 14 notwithstanding subsections (b) and (c) of section 5128 15 of title 49, United States Code, and the limitation on obli-16 gations provided under this heading, prior year recoveries 17 recognized in the current year shall be available to develop 18 and deliver hazardous materials emergency response train-19 ing for emergency responders, including response activities 20 for the transportation of crude oil, ethanol, flammable liq-21 uids, and other hazardous commodities by rail, consistent 22 with National Fire Protection Association standards, and 23 to make such training available through an electronic for-24 mat: Provided further, That the prior year recoveries made 25 106 •S 2437 RS available under this heading shall also be available to carry 1 out sections 5116(a)(1)(C), 5116(h), 5116(i), 5116(j), 2 and 5107(e) of title 49, United States Code. 3 O FFICE OFINSPECTORGENERAL 4 SALARIES AND EXPENSES 5 For necessary expenses of the Office of Inspector 6 General to carry out the provisions of the Inspector Gen-7 eral Act of 1978, as amended, $116,452,000: Provided, 8 That the Inspector General shall have all necessary au-9 thority, in carrying out the duties specified in the Inspec-10 tor General Act, as amended (5 U.S.C. App.), to inves-11 tigate allegations of fraud, including false statements to 12 the government (18 U.S.C. 1001), by any person or entity 13 that is subject to regulation by the Department of Trans-14 portation. 15 G ENERALPROVISIONS—DEPARTMENT OF 16 T RANSPORTATION 17 S EC. 180. (a) During the current fiscal year, applica-18 ble appropriations to the Department of Transportation 19 shall be available for maintenance and operation of air-20 craft; hire of passenger motor vehicles and aircraft; pur-21 chase of liability insurance for motor vehicles operating 22 in foreign countries on official department business; and 23 uniforms or allowances therefor, as authorized by sections 24 5901 and 5902 of title 5, United States Code. 25 107 •S 2437 RS (b) During the current fiscal year, applicable appro-1 priations to the Department and its operating administra-2 tions shall be available for the purchase, maintenance, op-3 eration, and deployment of unmanned aircraft systems 4 that advance the missions of the Department of Transpor-5 tation or an operating administration of the Department 6 of Transportation. 7 (c) Any unmanned aircraft system purchased, pro-8 cured, or contracted for by the Department prior to the 9 date of enactment of this Act shall be deemed authorized 10 by Congress as if this provision was in effect when the 11 system was purchased, procured, or contracted for. 12 S EC. 181. Appropriations contained in this Act for 13 the Department of Transportation shall be available for 14 services as authorized by section 3109 of title 5, United 15 States Code, but at rates for individuals not to exceed the 16 per diem rate equivalent to the rate for an Executive Level 17 IV. 18 S EC. 182. (a) No recipient of amounts made available 19 by this Act shall disseminate personal information (as de-20 fined in section 2725(3) of title 18, United States Code) 21 obtained by a State department of motor vehicles in con-22 nection with a motor vehicle record as defined in section 23 2725(1) of title 18, United States Code, except as pro-24 vided in section 2721 of title 18, United States Code, for 25 108 •S 2437 RS a use permitted under section 2721 of title 18, United 1 States Code. 2 (b) Notwithstanding subsection (a), the Secretary 3 shall not withhold amounts made available by this Act for 4 any grantee if a State is in noncompliance with this provi-5 sion. 6 S EC. 183. None of the funds made available by this 7 Act shall be available for salaries and expenses of more 8 than 125 political and Presidential appointees in the De-9 partment of Transportation: Provided, That none of the 10 personnel covered by this provision may be assigned on 11 temporary detail outside the Department of Transpor-12 tation. 13 S EC. 184. Funds received by the Federal Highway 14 Administration and Federal Railroad Administration from 15 States, counties, municipalities, other public authorities, 16 and private sources for expenses incurred for training may 17 be credited respectively to the Federal Highway Adminis-18 tration’s ‘‘Federal-Aid Highways’’ account and to the Fed-19 eral Railroad Administration’s ‘‘Safety and Operations’’ 20 account, except for State rail safety inspectors partici-21 pating in training pursuant to section 20105 of title 49, 22 United States Code. 23 S EC. 185. None of the funds made available by this 24 Act or in title VIII of division J of Public Law 117–58 25 109 •S 2437 RS to the Department of Transportation may be used to make 1 a loan, loan guarantee, line of credit, letter of intent, fed-2 erally funded cooperative agreement, full funding grant 3 agreement, or discretionary grant unless the Secretary of 4 Transportation notifies the House and Senate Committees 5 on Appropriations not less than 3 full business days before 6 any project competitively selected to receive any discre-7 tionary grant award, letter of intent, loan commitment, 8 loan guarantee commitment, line of credit commitment, 9 federally funded cooperative agreement, or full funding 10 grant agreement is announced by the Department or its 11 operating administrations: Provided, That the Secretary of 12 Transportation shall provide the House and Senate Com-13 mittees on Appropriations with a comprehensive list of all 14 such loans, loan guarantees, lines of credit, letters of in-15 tent, federally funded cooperative agreements, full funding 16 grant agreements, and discretionary grants prior to the 17 notification required under the preceding proviso: Pro-18 vided further, That the Secretary gives concurrent notifi-19 cation to the House and Senate Committees on Appropria-20 tions for any ‘‘quick release’’ of funds from the emergency 21 relief program: Provided further, That no notification shall 22 involve funds that are not available for obligation. 23 S EC. 186. Rebates, refunds, incentive payments, 24 minor fees, and other funds received by the Department 25 110 •S 2437 RS of Transportation from travel management centers, 1 charge card programs, the subleasing of building space, 2 and miscellaneous sources are to be credited to appropria-3 tions of the Department of Transportation and allocated 4 to organizational units of the Department of Transpor-5 tation using fair and equitable criteria and such funds 6 shall be available until expended. 7 S EC. 187. Notwithstanding any other provision of 8 law, if any funds provided by or limited by this Act are 9 subject to a reprogramming action that requires notice to 10 be provided to the House and Senate Committees on Ap-11 propriations, transmission of such reprogramming notice 12 shall be provided solely to the House and Senate Commit-13 tees on Appropriations, and such reprogramming action 14 shall be approved or denied solely by the House and Sen-15 ate Committees on Appropriations: Provided, That the 16 Secretary of Transportation may provide notice to other 17 congressional committees of the action of the House and 18 Senate Committees on Appropriations on such reprogram-19 ming but not sooner than 30 days after the date on which 20 the reprogramming action has been approved or denied by 21 the House and Senate Committees on Appropriations. 22 S EC. 188. Funds appropriated by this Act to the op-23 erating administrations may be obligated for the Office of 24 the Secretary for the costs related to assessments or reim-25 111 •S 2437 RS bursable agreements only when such amounts are for the 1 costs of goods and services that are purchased to provide 2 a direct benefit to the applicable operating administration 3 or administrations. 4 S EC. 189. The Secretary of Transportation is author-5 ized to carry out a program that establishes uniform 6 standards for developing and supporting agency transit 7 pass and transit benefits authorized under section 7905 8 of title 5, United States Code, including distribution of 9 transit benefits by various paper and electronic media. 10 S EC. 190. The Department of Transportation may 11 use funds provided by this Act, or any other Act, to assist 12 a contract under title 49 or 23 of the United States Code 13 utilizing geographic, economic, or any other hiring pref-14 erence not otherwise authorized by law, or to amend a 15 rule, regulation, policy or other measure that forbids a re-16 cipient of a Federal Highway Administration or Federal 17 Transit Administration grant from imposing such hiring 18 preference on a contract or construction project with 19 which the Department of Transportation is assisting, only 20 if the grant recipient certifies the following: 21 (1) that except with respect to apprentices or 22 trainees, a pool of readily available but unemployed 23 individuals possessing the knowledge, skill, and abil-24 112 •S 2437 RS ity to perform the work that the contract requires 1 resides in the jurisdiction; 2 (2) that the grant recipient will include appro-3 priate provisions in its bid document ensuring that 4 the contractor does not displace any of its existing 5 employees in order to satisfy such hiring preference; 6 and 7 (3) that any increase in the cost of labor, train-8 ing, or delays resulting from the use of such hiring 9 preference does not delay or displace any transpor-10 tation project in the applicable Statewide Transpor-11 tation Improvement Program or Transportation Im-12 provement Program. 13 S EC. 191. The Secretary of Transportation shall co-14 ordinate with the Secretary of Homeland Security to en-15 sure that best practices for Industrial Control Systems 16 Procurement are up-to-date and shall ensure that systems 17 procured with funds provided under this title were pro-18 cured using such practices. 19 This title may be cited as the ‘‘Department of Trans-20 portation Appropriations Act, 2024’’. 21 113 •S 2437 RS TITLE II 1 DEPARTMENT OF HOUSING AND URBAN 2 DEVELOPMENT 3 M ANAGEMENT AND ADMINISTRATION 4 EXECUTIVE OFFICES 5 For necessary salaries and expenses for Executive Of-6 fices, which shall be comprised of the offices of the Sec-7 retary, Deputy Secretary, Adjudicatory Services, Congres-8 sional and Intergovernmental Relations, Public Affairs, 9 Small and Disadvantaged Business Utilization, and the 10 Center for Faith-Based and Neighborhood Partnerships, 11 $19,400,000, to remain available until September 30, 12 2025: Provided, That not to exceed $25,000 of the amount 13 made available under this heading shall be available to the 14 Secretary of Housing and Urban Development (referred 15 to in this title as ‘‘the Secretary’’) for official reception 16 and representation expenses as the Secretary may deter-17 mine. 18 ADMINISTRATIVE SUPPORT OFFICES 19 For necessary salaries and expenses for Administra-20 tive Support Offices, $698,200,000, to remain available 21 until September 30, 2025: Provided, That of the sums ap-22 propriated under this heading— 23 (1) $95,200,000 shall be available for the Office 24 of the Chief Financial Officer; 25 114 •S 2437 RS (2) $127,400,000 shall be available for the Of-1 fice of the General Counsel, of which not less than 2 $21,700,000 shall be for the Departmental Enforce-3 ment Center; 4 (3) $241,800,000 shall be available for the Of-5 fice of Administration; 6 (4) $55,800,000 shall be available for the Office 7 of the Chief Human Capital Officer; 8 (5) $32,400,000 shall be available for the Office 9 of the Chief Procurement Officer; 10 (6) $68,300,000 shall be available for the Office 11 of Field Policy and Management; 12 (7) $4,900,000 shall be available for the Office 13 of Departmental Equal Employment Opportunity; 14 and 15 (8) $72,400,000 shall be available for the Office 16 of the Chief Information Officer: 17 Provided further, That funds made available under this 18 heading may be used for necessary administrative and 19 non-administrative expenses of the Department, not other-20 wise provided for, including purchase of uniforms, or al-21 lowances therefor, as authorized by sections 5901 and 22 5902 of title 5, United States Code; hire of passenger 23 motor vehicles; and services as authorized by section 3109 24 of title 5, United States Code: Provided further, That not-25 115 •S 2437 RS withstanding any other provision of law, funds appro-1 priated under this heading may be used for advertising 2 and promotional activities that directly support program 3 activities funded in this title: Provided further, That the 4 Secretary shall provide the House and Senate Committees 5 on Appropriations quarterly written notification regarding 6 the status of pending congressional reports: Provided fur-7 ther, That the Secretary shall provide in electronic form 8 all signed reports required by Congress. 9 PROGRAM OFFICES 10 For necessary salaries and expenses for Program Of-11 fices, $1,114,100,000, to remain available until September 12 30, 2025: Provided, That of the sums appropriated under 13 this heading— 14 (1) $288,500,000 shall be available for the Of-15 fice of Public and Indian Housing; 16 (2) $170,500,000 shall be available for the Of-17 fice of Community Planning and Development; 18 (3) $497,000,000 shall be available for the Of-19 fice of Housing; 20 (4) $44,000,000 shall be available for the Office 21 of Policy Development and Research; 22 (5) $102,900,000 shall be available for the Of-23 fice of Fair Housing and Equal Opportunity; and 24 116 •S 2437 RS (6) $11,200,000 shall be available for the Office 1 of Lead Hazard Control and Healthy Homes. 2 WORKING CAPITAL FUND 3 (INCLUDING TRANSFER OF FUNDS) 4 For the working capital fund for the Department of 5 Housing and Urban Development (referred to in this para-6 graph as the ‘‘Fund’’), pursuant, in part, to section 7(f) 7 of the Department of Housing and Urban Development 8 Act (42 U.S.C. 3535(f)), amounts transferred, including 9 reimbursements pursuant to section 7(f), to the Fund 10 under this heading shall be available only for Federal 11 shared services used by offices and agencies of the Depart-12 ment, and for any such portion of any office or agency’s 13 printing, records management, space renovation, fur-14 niture, or supply services the Secretary has determined 15 shall be provided through the Fund, and the operational 16 expenses of the Fund: Provided, That amounts within the 17 Fund shall not be available to provide services not specifi-18 cally authorized under this heading: Provided further, 19 That upon a determination by the Secretary that any 20 other service (or portion thereof) authorized under this 21 heading shall be provided through the Fund, amounts 22 made available in this title for salaries and expenses under 23 the headings ‘‘Executive Offices’’, ‘‘Administrative Sup-24 port Offices’’, ‘‘Program Offices’’, and ‘‘Government Na-25 117 •S 2437 RS tional Mortgage Association’’, for such services shall be 1 transferred to the Fund, to remain available until ex-2 pended: Provided further, That the Secretary shall notify 3 the House and Senate Committees on Appropriations of 4 its plans for executing such transfers at least 15 days in 5 advance of such transfers. 6 P UBLIC ANDINDIANHOUSING 7 TENANT-BASED RENTAL ASSISTANCE 8 For activities and assistance for the provision of ten-9 ant-based rental assistance authorized under the United 10 States Housing Act of 1937, as amended (42 U.S.C. 1437 11 et seq.) (in this title ‘‘the Act’’), not otherwise provided 12 for, $27,737,961,000, to remain available until expended, 13 which shall be available on October 1, 2023 (in addition 14 to the $4,000,000,000 previously appropriated under this 15 heading that shall be available on October 1, 2023), and 16 $4,000,000,000, to remain available until expended, which 17 shall be available on October 1, 2024: Provided, That of 18 the sums appropriated under this heading— 19 (1) $27,765,512,000 shall be available for re-20 newals of expiring section 8 tenant-based annual 21 contributions contracts (including renewals of en-22 hanced vouchers under any provision of law author-23 izing such assistance under section 8(t) of the Act) 24 and including renewal of other special purpose incre-25 118 •S 2437 RS mental vouchers: Provided, That notwithstanding 1 any other provision of law, from amounts provided 2 under this paragraph and any carryover, the Sec-3 retary for the calendar year 2024 funding cycle shall 4 provide renewal funding for each public housing 5 agency based on validated voucher management sys-6 tem (VMS) leasing and cost data for the prior cal-7 endar year and by applying an inflation factor as es-8 tablished by the Secretary, by notice published in 9 the Federal Register, and by making any necessary 10 adjustments for the costs associated with the first- 11 time renewal of vouchers under this paragraph in-12 cluding tenant protection and Choice Neighborhoods 13 vouchers: Provided further, That none of the funds 14 provided under this paragraph may be used to fund 15 a total number of unit months under lease which ex-16 ceeds a public housing agency’s authorized level of 17 units under contract, except for public housing agen-18 cies participating in the Moving to Work (MTW) 19 demonstration, which are instead governed in ac-20 cordance with the requirements of the MTW dem-21 onstration program or their MTW agreements, if 22 any: Provided further, That the Secretary shall, to 23 the extent necessary to stay within the amount spec-24 ified under this paragraph (except as otherwise 25 119 •S 2437 RS modified under this paragraph), prorate each public 1 housing agency’s allocation otherwise established 2 pursuant to this paragraph: Provided further, That 3 except as provided in the following provisos, the en-4 tire amount specified under this paragraph (except 5 as otherwise modified under this paragraph) shall be 6 obligated to the public housing agencies based on the 7 allocation and pro rata method described above, and 8 the Secretary shall notify public housing agencies of 9 their annual budget by the latter of 60 days after 10 enactment of this Act or March 1, 2024: Provided 11 further, That the Secretary may extend the notifica-12 tion period only after the House and Senate Com-13 mittees on Appropriations are notified at least 10 14 business days in advance of the extension: Provided 15 further, That public housing agencies participating 16 in the MTW demonstration shall be funded in ac-17 cordance with the requirements of the MTW dem-18 onstration program or their MTW agreements, if 19 any, and shall be subject to the same pro rata ad-20 justments under the preceding provisos: Provided 21 further, That the Secretary may offset public hous-22 ing agencies’ calendar year 2024 allocations based 23 on the excess amounts of public housing agencies’ 24 net restricted assets accounts, including HUD-held 25 120 •S 2437 RS programmatic reserves (in accordance with VMS 1 data in calendar year 2023 that is verifiable and 2 complete), as determined by the Secretary: Provided 3 further, That public housing agencies participating 4 in the MTW demonstration shall also be subject to 5 the offset, as determined by the Secretary, excluding 6 amounts subject to the single fund budget authority 7 provisions of their MTW agreements, from the agen-8 cies’ calendar year 2024 MTW funding allocation: 9 Provided further, That the Secretary shall use any 10 offset referred to in the preceding two provisos 11 throughout the calendar year to prevent the termi-12 nation of rental assistance for families as the result 13 of insufficient funding, as determined by the Sec-14 retary, and to avoid or reduce the proration of re-15 newal funding allocations: Provided further, That up 16 to $200,000,000 shall be available only: 17 (A) for adjustments in the allocations for 18 public housing agencies, after application for an 19 adjustment by a public housing agency that ex-20 perienced a significant increase, as determined 21 by the Secretary, in renewal costs of vouchers 22 resulting from unforeseen circumstances or 23 from portability under section 8(r) of the Act; 24 121 •S 2437 RS (B) for vouchers that were not in use dur-1 ing the previous 12-month period in order to be 2 available to meet a commitment pursuant to 3 section 8(o)(13) of the Act, or an adjustment 4 for a funding obligation not yet expended in the 5 previous calendar year for a MTW-eligible ac-6 tivity to develop affordable housing for an agen-7 cy added to the MTW demonstration under the 8 expansion authority provided in section 239 of 9 the Transportation, Housing and Urban Devel-10 opment, and Related Agencies Appropriations 11 Act, 2016 (division L of Public Law 114–113); 12 (C) for adjustments for costs associated 13 with HUD–Veterans Affairs Supportive Hous-14 ing (HUD–VASH) vouchers; 15 (D) for public housing agencies that de-16 spite taking reasonable cost savings measures, 17 as determined by the Secretary, would other-18 wise be required to terminate rental assistance 19 for families as a result of insufficient funding; 20 (E) for adjustments in the allocations for 21 public housing agencies that— 22 (i) are leasing a lower-than-average 23 percentage of their authorized vouchers, 24 122 •S 2437 RS (ii) have low amounts of budget au-1 thority in their net restricted assets ac-2 counts and HUD-held programmatic re-3 serves, relative to other agencies, and 4 (iii) are not participating in the Mov-5 ing to Work demonstration, to enable such 6 agencies to lease more vouchers; 7 (F) for withheld payments in accordance 8 with section 8(o)(8)(A)(ii) of the Act for 9 months in the previous calendar year that were 10 subsequently paid by the public housing agency 11 after the agency’s actual costs were validated; 12 and 13 (G) for public housing agencies that have 14 experienced increased costs or loss of units in 15 an area for which the President declared a dis-16 aster under title IV of the Robert T. Stafford 17 Disaster Relief and Emergency Assistance Act 18 (42 U.S.C. 5170 et seq.): 19 Provided further, That the Secretary shall allocate 20 amounts under the preceding proviso based on need, 21 as determined by the Secretary: Provided further, 22 That the Secretary may establish a demonstration 23 program to continue through fiscal year 2027 at up 24 to 8 public housing agencies in difficult rental mar-25 123 •S 2437 RS kets, as determined by the Secretary, for the pur-1 pose of testing whether the provision of additional 2 assistance to facilitate leasing increases the ability of 3 families participating in the program to lease a unit: 4 Provided further, That amounts made available 5 under this paragraph in this and prior Acts to public 6 housing agencies participating in such demonstration 7 program shall be available for making utility and se-8 curity deposit assistance payments (including last 9 month’s rent) and other costs consistent with the 10 terms of the demonstration, in addition to the pur-11 poses for which such funds were appropriated and 12 obligated and in addition to amounts for administra-13 tive and other expenses otherwise available for such 14 payments and costs: Provided further, That any such 15 utility or security deposit payments returned to the 16 public housing agency, including any interest earned 17 while such amounts were held by the owner, shall be 18 available only for future housing assistance payment 19 expenses (including eligible uses during the term of 20 the demonstration): Provided further, That of the 21 amounts provided under this paragraph, 22 $5,289,210,000 is designated by the Congress as 23 being for an emergency requirement pursuant to sec-24 124 •S 2437 RS tion 251(b)(2)(A)(i) of the Balanced Budget and 1 Emergency Deficit Control Act of 1985; 2 (2) $445,000,000 shall be available for section 3 8 rental assistance for relocation and replacement of 4 housing units that are demolished or disposed of 5 pursuant to section 18 of the Act, conversion of sec-6 tion 23 projects to assistance under section 8, relo-7 cation of witnesses (including victims of violent 8 crimes) in connection with efforts to combat crime 9 in public and assisted housing pursuant to a request 10 from a law enforcement or prosecution agency, en-11 hanced vouchers under any provision of law author-12 izing such assistance under section 8(t) of the Act, 13 Choice Neighborhood vouchers, mandatory and vol-14 untary conversions, and tenant protection assistance 15 including replacement and relocation assistance or 16 for project-based assistance to prevent the displace-17 ment of unassisted elderly tenants currently residing 18 in section 202 properties financed between 1959 and 19 1974 that are refinanced pursuant to Public Law 20 106–569, as amended, or under the authority as 21 provided under this Act: Provided, That when a pub-22 lic housing development is submitted for demolition 23 or disposition under section 18 of the Act, the Sec-24 retary may provide section 8 rental assistance when 25 125 •S 2437 RS the units pose an imminent health and safety risk to 1 residents: Provided further, That the Secretary may 2 provide section 8 rental assistance from amounts 3 made available under this paragraph for units as-4 sisted under a project-based subsidy contract funded 5 under the ‘‘Project-Based Rental Assistance’’ head-6 ing under this title where the owner has received a 7 Notice of Default and the units pose an imminent 8 health and safety risk to residents: Provided further, 9 That of the amounts made available under this para-10 graph, no less than $5,000,000 may be available to 11 provide tenant protection assistance, not otherwise 12 provided under this paragraph, to residents residing 13 in low vacancy areas and who may have to pay rents 14 greater than 30 percent of household income, as the 15 result of: (A) the maturity of a HUD-insured, HUD- 16 held or section 202 loan that requires the permission 17 of the Secretary prior to loan prepayment; (B) the 18 expiration of a rental assistance contract for which 19 the tenants are not eligible for enhanced voucher or 20 tenant protection assistance under existing law; or 21 (C) the expiration of affordability restrictions accom-22 panying a mortgage or preservation program admin-23 istered by the Secretary: Provided further, That such 24 tenant protection assistance made available under 25 126 •S 2437 RS the preceding proviso may be provided under the au-1 thority of section 8(t) or section 8(o)(13) of the Act: 2 Provided further, That any tenant protection voucher 3 made available from amounts under this paragraph 4 shall not be reissued by any public housing agency, 5 except the replacement vouchers as defined by the 6 Secretary by notice, when the initial family that re-7 ceived any such voucher no longer receives such 8 voucher, and the authority for any public housing 9 agency to issue any such voucher shall cease to exist: 10 Provided further, That the Secretary may only pro-11 vide replacement vouchers for units that were occu-12 pied within the previous 24 months that cease to be 13 available as assisted housing, subject only to the 14 availability of funds; 15 (3) $2,781,449,000 shall be available for ad-16 ministrative and other expenses of public housing 17 agencies in administering the section 8 tenant-based 18 rental assistance program, of which up to 19 $30,000,000 shall be available to the Secretary to al-20 locate to public housing agencies that need addi-21 tional funds to administer their section 8 programs, 22 including fees associated with section 8 tenant pro-23 tection rental assistance, the administration of dis-24 aster related vouchers, HUD–VASH vouchers, and 25 127 •S 2437 RS other special purpose incremental vouchers: Pro-1 vided, That no less than $2,751,449,000 of the 2 amount provided in this paragraph shall be allocated 3 to public housing agencies for the calendar year 4 2024 funding cycle based on section 8(q) of the Act 5 (and related Appropriation Act provisions) as in ef-6 fect immediately before the enactment of the Quality 7 Housing and Work Responsibility Act of 1998 (Pub-8 lic Law 105–276): Provided further, That if the 9 amounts made available under this paragraph are 10 insufficient to pay the amounts determined under 11 the preceding proviso, the Secretary may decrease 12 the amounts allocated to agencies by a uniform per-13 centage applicable to all agencies receiving funding 14 under this paragraph or may, to the extent nec-15 essary to provide full payment of amounts deter-16 mined under the preceding proviso, utilize unobli-17 gated balances, including recaptures and carryover, 18 remaining from funds appropriated under this head-19 ing from prior fiscal years, excluding special purpose 20 vouchers, notwithstanding the purposes for which 21 such amounts were appropriated: Provided further, 22 That all public housing agencies participating in the 23 MTW demonstration shall be funded in accordance 24 with the requirements of the MTW demonstration 25 128 •S 2437 RS program or their MTW agreements, if any, and shall 1 be subject to the same uniform percentage decrease 2 as under the preceding proviso: Provided further, 3 That amounts provided under this paragraph shall 4 be only for activities related to the provision of ten-5 ant-based rental assistance authorized under section 6 8, including related development activities; 7 (4) $686,000,000 shall be available for the re-8 newal of tenant-based assistance contracts under 9 section 811 of the Cranston-Gonzalez National Af-10 fordable Housing Act (42 U.S.C. 8013), including 11 necessary administrative expenses: Provided, That 12 administrative and other expenses of public housing 13 agencies in administering the special purpose vouch-14 ers in this paragraph shall be funded under the 15 same terms and be subject to the same pro rata re-16 duction as the percent decrease for administrative 17 and other expenses to public housing agencies under 18 paragraph (3) of this heading: Provided further, 19 That up to $10,000,000 shall be available only— 20 (A) for adjustments in the allocation for 21 public housing agencies, after applications for 22 an adjustment by a public housing agency that 23 experienced a significant increase, as deter-24 mined by the Secretary, in Mainstream renewal 25 129 •S 2437 RS costs resulting from unforeseen circumstances; 1 and 2 (B) for public housing agencies that de-3 spite taking reasonable cost savings measures, 4 as determined by the Secretary, would other-5 wise be required to terminate the rental assist-6 ance for Mainstream families as a result of in-7 sufficient funding: 8 Provided further, That the Secretary shall allocate 9 amounts under the preceding proviso based on need, 10 as determined by the Secretary: Provided further, 11 That upon turnover, section 811 special purpose 12 vouchers funded under this heading in this or prior 13 Acts, or under any other heading in prior Acts, shall 14 be provided to non-elderly persons with disabilities; 15 (5) of the amounts provided under paragraph 16 (1), up to $7,500,000 shall be available for rental 17 assistance and associated administrative fees for 18 Tribal HUD–VASH to serve Native American vet-19 erans that are homeless or at-risk of homelessness 20 living on or near a reservation or other Indian areas: 21 Provided, That such amount shall be made available 22 for renewal grants to recipients that received assist-23 ance under prior Acts under the Tribal HUD–VASH 24 program: Provided further, That the Secretary shall 25 130 •S 2437 RS be authorized to specify criteria for renewal grants, 1 including data on the utilization of assistance re-2 ported by grant recipients: Provided further, That 3 such assistance shall be administered in accordance 4 with program requirements under the Native Amer-5 ican Housing Assistance and Self-Determination Act 6 of 1996 and modeled after the HUD–VASH pro-7 gram: Provided further, That the Secretary shall be 8 authorized to waive, or specify alternative require-9 ments for any provision of any statute or regulation 10 that the Secretary administers in connection with 11 the use of funds made available under this para-12 graph (except for requirements related to fair hous-13 ing, nondiscrimination, labor standards, and the en-14 vironment), upon a finding by the Secretary that 15 any such waivers or alternative requirements are 16 necessary for the effective delivery and administra-17 tion of such assistance: Provided further, That grant 18 recipients shall report to the Secretary on utilization 19 of such rental assistance and other program data, as 20 prescribed by the Secretary: Provided further, That 21 the Secretary may reallocate, as determined by the 22 Secretary, amounts returned or recaptured from 23 awards under the Tribal HUD–VASH program 24 131 •S 2437 RS under prior Acts to existing recipients under the 1 Tribal HUD–VASH program; 2 (6) $30,000,000 shall be available for incre-3 mental rental voucher assistance for use through a 4 supported housing program administered in conjunc-5 tion with the Department of Veterans Affairs as au-6 thorized under section 8(o)(19) of the United States 7 Housing Act of 1937: Provided, That the Secretary 8 of Housing and Urban Development shall make such 9 funding available, notwithstanding section 203 (com-10 petition provision) of this title, to public housing 11 agencies that partner with eligible VA Medical Cen-12 ters or other entities as designated by the Secretary 13 of the Department of Veterans Affairs, based on 14 geographical need for such assistance as identified 15 by the Secretary of the Department of Veterans Af-16 fairs, public housing agency administrative perform-17 ance, and other factors as specified by the Secretary 18 of Housing and Urban Development in consultation 19 with the Secretary of the Department of Veterans 20 Affairs: Provided further, That the Secretary of 21 Housing and Urban Development may waive, or 22 specify alternative requirements for (in consultation 23 with the Secretary of the Department of Veterans 24 Affairs), any provision of any statute or regulation 25 132 •S 2437 RS that the Secretary of Housing and Urban Develop-1 ment administers in connection with the use of 2 funds made available under this paragraph (except 3 for requirements related to fair housing, non-4 discrimination, labor standards, and the environ-5 ment), upon a finding by the Secretary that any 6 such waivers or alternative requirements are nec-7 essary for the effective delivery and administration 8 of such voucher assistance: Provided further, That 9 assistance made available under this paragraph shall 10 continue to remain available for homeless veterans 11 upon turn-over: Provided further, That of the total 12 amount made available under this paragraph, up to 13 $10,000,000 may be for additional fees established 14 by and allocated pursuant to a method determined 15 by the Secretary for administrative and other ex-16 penses (including those eligible activities defined by 17 notice to facilitate leasing, such as security deposit 18 assistance and costs related to the retention and 19 support of participating owners) of public housing 20 agencies in administering HUD–VASH vouchers; 21 (7) $30,000,000 shall be available for the fam-22 ily unification program as authorized under section 23 8(x) of the Act: Provided, That the amounts made 24 133 •S 2437 RS available under this paragraph are provided as fol-1 lows: 2 (A) $5,000,000 shall be available for new 3 incremental voucher assistance, which shall con-4 tinue to remain available for family unification 5 upon turnover; and 6 (B) $25,000,000 shall be available for new 7 incremental voucher assistance to assist eligible 8 youth as defined by such section 8(x)(2)(B) of 9 the Act, which shall continue to remain avail-10 able for such eligible youth upon turnover: Pro-11 vided, That such amounts shall be available on 12 a noncompetitive basis to public housing agen-13 cies that partner with public child welfare agen-14 cies to identify such eligible youth, that request 15 such assistance to timely assist such eligible 16 youth, and that meet any other criteria as spec-17 ified by the Secretary: Provided further, That 18 the Secretary shall review utilization of such as-19 sistance and assistance originating from appro-20 priations made available for youth under this 21 heading in any prior Act that the Secretary 22 made available on a noncompetitive basis, at an 23 interval to be determined by the Secretary, and 24 unutilized voucher assistance that is no longer 25 134 •S 2437 RS needed based on such review shall be recaptured 1 by the Secretary and reallocated pursuant to 2 the preceding proviso: 3 Provided further, That any public housing agency 4 administering new incremental voucher assistance 5 originating from appropriations made available for 6 the family unification program under this heading in 7 this or any prior Act that the Secretary made avail-8 able on a competitive basis that determines it no 9 longer has an identified need for such assistance 10 upon turnover shall notify the Secretary, and the 11 Secretary shall recapture such assistance from the 12 agency and reallocate it to any other public housing 13 agency or agencies based on need for voucher assist-14 ance in connection with such specified program or 15 eligible youth, as applicable; and 16 (8) the Secretary shall separately track all spe-17 cial purpose vouchers funded under this heading. 18 HOUSING CERTIFICATE FUND 19 (INCLUDING RESCISSIONS) 20 Unobligated balances, including recaptures and car-21 ryover, remaining from funds appropriated to the Depart-22 ment of Housing and Urban Development under this 23 heading, the heading ‘‘Annual Contributions for Assisted 24 Housing’’ and the heading ‘‘Project-Based Rental Assist-25 135 •S 2437 RS ance’’, for fiscal year 2024 and prior years may be used 1 for renewal of or amendments to section 8 project-based 2 contracts and for performance-based contract administra-3 tors, notwithstanding the purposes for which such funds 4 were appropriated: Provided, That any obligated balances 5 of contract authority from fiscal year 1974 and prior fiscal 6 years that have been terminated shall be rescinded: Pro-7 vided further, That amounts heretofore recaptured, or re-8 captured during the current fiscal year, from section 8 9 project-based contracts from source years fiscal year 1975 10 through fiscal year 1987 are hereby rescinded, and an 11 amount of additional new budget authority, equivalent to 12 the amount rescinded is hereby appropriated, to remain 13 available until expended, for the purposes set forth under 14 this heading, in addition to amounts otherwise available. 15 PUBLIC HOUSING FUND 16 For 2024 payments to public housing agencies for the 17 operation and management of public housing, as author-18 ized by section 9(e) of the United States Housing Act of 19 1937 (42 U.S.C. 1437g(e)) (the ‘‘Act’’), and to carry out 20 capital and management activities for public housing 21 agencies, as authorized under section 9(d) of the Act (42 22 U.S.C. 1437g(d)), $8,875,000,000, to remain available 23 until September 30, 2027: Provided, That of the sums ap-24 propriated under this heading— 25 136 •S 2437 RS (1) $5,530,000,000 shall be available for the 1 Secretary to allocate pursuant to the Operating 2 Fund formula at part 990 of title 24, Code of Fed-3 eral Regulations, for 2024 payments; 4 (2) $35,000,000 shall be available for the Sec-5 retary to allocate pursuant to a need-based applica-6 tion process notwithstanding section 203 of this title 7 and not subject to such Operating Fund formula to 8 public housing agencies that experience, or are at 9 risk of, financial shortfalls, as determined by the 10 Secretary: Provided, That after all such shortfall 11 needs are met, the Secretary may distribute any re-12 maining funds to all public housing agencies on a 13 pro-rata basis pursuant to such Operating Fund for-14 mula; 15 (3) $3,200,000,000 shall be available for the 16 Secretary to allocate pursuant to the Capital Fund 17 formula at section 905.400 of title 24, Code of Fed-18 eral Regulations: Provided, That for funds provided 19 under this paragraph, the limitation in section 20 9(g)(1) of the Act shall be 25 percent: Provided fur-21 ther, That the Secretary may waive the limitation in 22 the preceding proviso to allow public housing agen-23 cies to fund activities authorized under section 24 9(e)(1)(C) of the Act: Provided further, That the 25 137 •S 2437 RS Secretary shall notify public housing agencies re-1 questing waivers under the preceding proviso if the 2 request is approved or denied within 14 days of sub-3 mitting the request: Provided further, That from the 4 funds made available under this paragraph, the Sec-5 retary shall provide bonus awards in fiscal year 6 2024 to public housing agencies that are designated 7 high performers: Provided further, That the Depart-8 ment shall notify public housing agencies of their 9 formula allocation within 60 days of enactment of 10 this Act; 11 (4) $30,000,000 shall be available for the Sec-12 retary to make grants, notwithstanding section 203 13 of this title, to public housing agencies for emer-14 gency capital needs, including safety and security 15 measures necessary to address crime and drug-re-16 lated activity, as well as needs resulting from unfore-17 seen or unpreventable emergencies and natural dis-18 asters excluding Presidentially declared emergencies 19 and natural disasters under the Robert T. Stafford 20 Disaster Relief and Emergency Act (42 U.S.C. 5121 21 et seq.) occurring in fiscal year 2024: Provided, That 22 of the amount made available under this paragraph, 23 not less than $10,000,000 shall be for safety and se-24 curity measures: Provided further, That in addition 25 138 •S 2437 RS to the amount in the preceding proviso for such 1 safety and security measures, any amounts that re-2 main available, after all applications received on or 3 before September 30, 2025, for emergency capital 4 needs have been processed, shall be allocated to pub-5 lic housing agencies for such safety and security 6 measures; 7 (5) $65,000,000 shall be available for competi-8 tive grants to public housing agencies to evaluate 9 and reduce residential health hazards in public hous-10 ing, including lead-based paint (by carrying out the 11 activities of risk assessments, abatement, and in-12 terim controls, as those terms are defined in section 13 1004 of the Residential Lead-Based Paint Hazard 14 Reduction Act of 1992 (42 U.S.C. 4851b)), carbon 15 monoxide, mold, radon, and fire safety: Provided, 16 That not less than $25,000,000 of the amounts pro-17 vided under this paragraph shall be awarded for 18 evaluating and reducing lead-based paint hazards: 19 Provided further, That for purposes of environmental 20 review, a grant under this paragraph shall be consid-21 ered funds for projects or activities under title I of 22 the Act for purposes of section 26 of the Act (42 23 U.S.C. 1437x) and shall be subject to the regula-24 tions implementing such section; and 25 139 •S 2437 RS (6) $15,000,000 shall be available to support 1 the costs of administrative and judicial receiverships 2 and for competitive grants to PHAs in receivership, 3 designated troubled or substandard, or otherwise at 4 risk, as determined by the Secretary, for costs asso-5 ciated with public housing asset improvement, in ad-6 dition to other amounts for that purpose provided 7 under any heading under this title: 8 Provided further, That notwithstanding any other provi-9 sion of law or regulation, during fiscal year 2024, the Sec-10 retary of Housing and Urban Development may not dele-11 gate to any Department official other than the Deputy 12 Secretary and the Assistant Secretary for Public and In-13 dian Housing any authority under paragraph (2) of sec-14 tion 9(j) of the Act regarding the extension of the time 15 periods under such section: Provided further, That for pur-16 poses of such section 9(j), the term ‘‘obligate’’ means, with 17 respect to amounts, that the amounts are subject to a 18 binding agreement that will result in outlays, immediately 19 or in the future. 20 ASSISTED HOUSING INSPECTIONS AND RISK 21 ASSESSMENTS 22 For the Department’s inspection and assessment pro-23 grams, including travel, training, and program support 24 contracts, $50,000,000 to remain available until Sep-25 140 •S 2437 RS tember 30, 2025: Provided, That unobligated balances, in-1 cluding recaptures and carryover, remaining from funds 2 appropriated under the heading ‘‘Public Housing Fund’’ 3 to support ongoing public housing financial and physical 4 assessment activities shall be available for the purposes 5 authorized under this heading in addition to the purposes 6 for which such funds originally were appropriated. 7 CHOICE NEIGHBORHOODS INITIATIVE 8 For competitive grants under the Choice Neighbor-9 hoods Initiative (subject to section 24 of the United States 10 Housing Act of 1937 (42 U.S.C. 1437v) (the ‘‘Act’’) un-11 less otherwise specified under this heading), for trans-12 formation, rehabilitation, and replacement housing needs 13 of both public and HUD-assisted housing and to trans-14 form neighborhoods of poverty into functioning, sustain-15 able, mixed-income neighborhoods with appropriate serv-16 ices, schools, public assets, transportation, and access to 17 jobs, $150,000,000, to remain available until September 18 30, 2028: Provided, That grant funds may be used for 19 resident and community services, community development, 20 and affordable housing needs in the community, and for 21 conversion of vacant or foreclosed properties to affordable 22 housing: Provided further, That the use of amounts made 23 available under this heading shall not be deemed to be for 24 public housing, notwithstanding section 3(b)(1) of the Act: 25 141 •S 2437 RS Provided further, That grantees shall commit to an addi-1 tional period of affordability determined by the Secretary 2 of not fewer than 20 years: Provided further, That grant-3 ees shall provide a match in State, local, other Federal, 4 or private funds: Provided further, That grantees may in-5 clude local governments, Tribal entities, public housing 6 agencies, and nonprofit organizations: Provided further, 7 That for-profit developers may apply jointly with a public 8 entity: Provided further, That for purposes of environ-9 mental review, a grantee shall be treated as a public hous-10 ing agency under section 26 of the Act (42 U.S.C. 1437x), 11 and grants made with amounts available under this head-12 ing shall be subject to the regulations issued by the Sec-13 retary to implement such section: Provided further, That 14 of the amounts made available under this heading, not less 15 than $75,000,000 shall be awarded to public housing 16 agencies: Provided further, That such grantees shall create 17 partnerships with other local organizations, including as-18 sisted housing owners, service agencies, and resident orga-19 nizations: Provided further, That the Secretary shall con-20 sult with the Secretaries of Education, Labor, Transpor-21 tation, Health and Human Services, Agriculture, and 22 Commerce, the Attorney General, and the Administrator 23 of the Environmental Protection Agency to coordinate and 24 leverage other appropriate Federal resources: Provided 25 142 •S 2437 RS further, That not more than $10,000,000 of the amounts 1 made available under this heading may be provided as 2 grants to undertake comprehensive local planning with 3 input from residents and the community: Provided further, 4 That none of the funds made available under this heading 5 may be obligated for main street housing grants under 6 section 24(n) of the Act (42 U.S.C. 1437v(n)): Provided 7 further, That unobligated balances, including recaptures, 8 remaining from amounts made available under the head-9 ing ‘‘Revitalization of Severely Distressed Public Housing 10 (HOPE VI)’’ in fiscal year 2011 and prior fiscal years 11 may be used for purposes under this heading, notwith-12 standing the purposes for which such amounts were appro-13 priated: Provided further, That the Secretary shall make 14 grant awards not later than 1 year after the date of enact-15 ment of this Act in such amounts that the Secretary deter-16 mines: Provided further, That notwithstanding section 17 24(o) of the Act (42 U.S.C. 1437v(o)), the Secretary may, 18 until September 30, 2024, obligate any available unobli-19 gated balances made available under this heading in this 20 or any prior Act. 21 SELF-SUFFICIENCY PROGRAMS 22 For activities and assistance related to Self-Suffi-23 ciency Programs, to remain available until September 30, 24 143 •S 2437 RS 2027, $198,000,000: Provided, That of the sums appro-1 priated under this heading— 2 (1) $140,500,000 shall be available for the 3 Family Self-Sufficiency program to support family 4 self-sufficiency coordinators under section 23 of the 5 United States Housing Act of 1937 (42 U.S.C. 6 1437u), to promote the development of local strate-7 gies to coordinate the use of assistance under sec-8 tions 8 and 9 of such Act with public and private 9 resources, and enable eligible families to achieve eco-10 nomic independence and self-sufficiency; 11 (2) $42,500,000 shall be available for the Resi-12 dent Opportunity and Self-Sufficiency program to 13 provide for supportive services, service coordinators, 14 and congregate services as authorized by section 34 15 of the United States Housing Act of 1937 (42 16 U.S.C. 1437z–6) and the Native American Housing 17 Assistance and Self-Determination Act of 1996 (25 18 U.S.C. 4101 et seq.); and 19 (3) $15,000,000 shall be available for a Jobs- 20 Plus Initiative, modeled after the Jobs-Plus dem-21 onstration: Provided, That funding provided under 22 this paragraph shall be available for competitive 23 grants to partnerships between public housing au-24 thorities, local workforce investment boards estab-25 144 •S 2437 RS lished under section 107 of the Workforce Innova-1 tion and Opportunity Act of 2014 (29 U.S.C. 3122), 2 and other agencies and organizations that provide 3 support to help public housing residents obtain em-4 ployment and increase earnings: Provided further, 5 That applicants must demonstrate the ability to pro-6 vide services to residents, partner with workforce in-7 vestment boards, and leverage service dollars: Pro-8 vided further, That the Secretary may allow public 9 housing agencies to request exemptions from rent 10 and income limitation requirements under sections 3 11 and 6 of the United States Housing Act of 1937 (42 12 U.S.C. 1437a, 1437d), as necessary to implement 13 the Jobs-Plus program, on such terms and condi-14 tions as the Secretary may approve upon a finding 15 by the Secretary that any such waivers or alternative 16 requirements are necessary for the effective imple-17 mentation of the Jobs-Plus Initiative as a voluntary 18 program for residents: Provided further, That the 19 Secretary shall publish by notice in the Federal Reg-20 ister any waivers or alternative requirements pursu-21 ant to the preceding proviso no later than 10 days 22 before the effective date of such notice. 23 145 •S 2437 RS NATIVE AMERICAN PROGRAMS 1 For activities and assistance authorized under title 2 I of the Native American Housing Assistance and Self- 3 Determination Act of 1996 (in this heading 4 ‘‘NAHASDA’’) (25 U.S.C. 4111 et seq.), title I of the 5 Housing and Community Development Act of 1974 (42 6 U.S.C. 5301 et seq.) with respect to Indian tribes, and 7 related training and technical assistance, $1,081,625,000, 8 to remain available until September 30, 2028: Provided, 9 That of the sums appropriated under this heading— 10 (1) $848,625,000 shall be available for the Na-11 tive American Housing Block Grants program, as 12 authorized under title I of NAHASDA: Provided, 13 That, notwithstanding NAHASDA, to determine the 14 amount of the allocation under title I of such Act for 15 each Indian tribe, the Secretary shall apply the for-16 mula under section 302 of such Act with the need 17 component based on single-race census data and 18 with the need component based on multi-race census 19 data, and the amount of the allocation for each In-20 dian tribe shall be the greater of the two resulting 21 allocation amounts: Provided further, That the Sec-22 retary shall notify grantees of their formula alloca-23 tion not later than 60 days after the date of enact-24 ment of this Act; 25 146 •S 2437 RS (2) $150,000,000 shall be available for competi-1 tive grants under the Native American Housing 2 Block Grants program, as authorized under title I of 3 NAHASDA: Provided, That the Secretary shall obli-4 gate such amount for competitive grants to eligible 5 recipients authorized under NAHASDA that apply 6 for funds: Provided further, That in awarding 7 amounts made available in this paragraph, the Sec-8 retary shall consider need and administrative capac-9 ity, and shall give priority to projects that will spur 10 construction and rehabilitation of housing: Provided 11 further, That a grant funded pursuant to this para-12 graph shall be in an amount not greater than 13 $10,000,000: Provided further, That any amounts 14 transferred for the necessary costs of administering 15 and overseeing the obligation and expenditure of 16 such additional amounts in prior Acts may also be 17 used for the necessary costs of administering and 18 overseeing such additional amount; 19 (3) $1,000,000 shall be available for the cost of 20 guaranteed notes and other obligations, as author-21 ized by title VI of NAHASDA: Provided, That such 22 costs, including the cost of modifying such notes and 23 other obligations, shall be as defined in section 502 24 of the Congressional Budget Act of 1974 (2 U.S.C. 25 147 •S 2437 RS 661a): Provided further, That amounts made avail-1 able in this and prior Acts for the cost of such guar-2 anteed notes and other obligations that are unobli-3 gated, including recaptures and carryover, shall be 4 available to subsidize the total principal amount of 5 any notes and other obligations, any part of which 6 is to be guaranteed, not to exceed $50,000,000, to 7 remain available until September 30, 2025; 8 (4) $75,000,000 shall be available for grants to 9 Indian tribes for carrying out the Indian Community 10 Development Block Grant program under title I of 11 the Housing and Community Development Act of 12 1974, notwithstanding section 106(a)(1) of such 13 Act, of which, notwithstanding any other provision 14 of law (including section 203 of this Act), not more 15 than $5,000,000 may be used for emergencies that 16 constitute imminent threats to health and safety: 17 Provided, That not to exceed 20 percent of any 18 grant made with amounts made available in this 19 paragraph shall be expended for planning and man-20 agement development and administration; and 21 (5) $7,000,000, in addition to amounts other-22 wise available for such purpose, shall be available for 23 providing training and technical assistance to Indian 24 tribes, Indian housing authorities, and tribally des-25 148 •S 2437 RS ignated housing entities, to support the inspection of 1 Indian housing units, for contract expertise, and for 2 training and technical assistance related to amounts 3 made available under this heading and other head-4 ings in this Act for the needs of Native American 5 families and Indian country: Provided, That of the 6 amounts made available in this paragraph, not less 7 than $2,000,000 shall be for a national organization 8 as authorized under section 703 of NAHASDA (25 9 U.S.C. 4212): Provided further, That amounts made 10 available in this paragraph may be used, contracted, 11 or competed as determined by the Secretary: Pro-12 vided further, That notwithstanding chapter 63 of 13 title 31, United States Code (commonly known as 14 the Federal Grant and Cooperative Agreements Act 15 of 1977), the amounts made available in this para-16 graph may be used by the Secretary to enter into co-17 operative agreements with public and private organi-18 zations, agencies, institutions, and other technical 19 assistance providers to support the administration of 20 negotiated rulemaking under section 106 of 21 NAHASDA (25 U.S.C. 4116), the administration of 22 the allocation formula under section 302 of 23 NAHASDA (25 U.S.C. 4152), and the administra-24 149 •S 2437 RS tion of performance tracking and reporting under 1 section 407 of NAHASDA (25 U.S.C. 4167). 2 INDIAN HOUSING LOAN GUARANTEE FUND PROGRAM 3 ACCOUNT 4 For the cost of guaranteed loans, as authorized by 5 section 184 of the Housing and Community Development 6 Act of 1992 (12 U.S.C. 1715z–13a), $905,700, to remain 7 available until expended: Provided, That such costs, in-8 cluding the cost of modifying such loans, shall be as de-9 fined in section 502 of the Congressional Budget Act of 10 1974 (2 U.S.C. 661a): Provided further, That amounts 11 made available in this and prior Acts for the cost of guar-12 anteed loans, as authorized by section 184 of the Housing 13 and Community Development Act of 1992 (12 U.S.C. 14 1715z–13a), that are unobligated, including recaptures 15 and carryover, shall be available to subsidize total loan 16 principal, any part of which is to be guaranteed, not to 17 exceed $1,400,000,000, to remain available until Sep-18 tember 30, 2025. 19 NATIVE HAWAIIAN HOUSING BLOCK GRANT 20 For the Native Hawaiian Housing Block Grant pro-21 gram, as authorized under title VIII of the Native Amer-22 ican Housing Assistance and Self-Determination Act of 23 1996 (25 U.S.C. 4221 et seq.), $22,300,000, to remain 24 available until September 30, 2028: Provided, That not-25 150 •S 2437 RS withstanding section 812(b) of such Act, the Department 1 of Hawaiian Home Lands may not invest grant amounts 2 made available under this heading in investment securities 3 and other obligations: Provided further, That amounts 4 made available under this heading in this and prior fiscal 5 years may be used to provide rental assistance to eligible 6 Native Hawaiian families both on and off the Hawaiian 7 Home Lands, notwithstanding any other provision of law: 8 Provided further, That up to $1,000,000 of the amounts 9 made available under this heading may be for training and 10 technical assistance related to amounts made available 11 under this heading and other headings in this Act for the 12 needs of Native Hawaiians and the Department of Hawai-13 ian Home Lands. 14 NATIVE HAWAIIAN HOUSING LOAN GUARANTEE FUND 15 PROGRAM ACCOUNT 16 New commitments to guarantee loans, as authorized 17 by section 184A of the Housing and Community Develop-18 ment Act of 1992 (12 U.S.C. 1715z–13b), any part of 19 which is to be guaranteed, shall not exceed $28,000,000 20 in total loan principal, to remain available until September 21 30, 2025: Provided, That the Secretary may enter into 22 commitments to guarantee loans used for refinancing. 23 151 •S 2437 RS COMMUNITYPLANNING ANDDEVELOPMENT 1 HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS 2 For carrying out the Housing Opportunities for Per-3 sons with AIDS program, as authorized by the AIDS 4 Housing Opportunity Act (42 U.S.C. 12901 et seq.), 5 $505,000,000, to remain available until September 30, 6 2027: Provided, That the Secretary shall renew or replace 7 all expiring contracts for permanent supportive housing 8 that initially were funded under section 854(c)(5) of such 9 Act from funds made available under this heading in fiscal 10 year 2010 and prior fiscal years that meet all program 11 requirements before awarding funds for new contracts 12 under such section: Provided further, That the process for 13 submitting amendments and approving replacement con-14 tracts shall be established by the Secretary in a notice: 15 Provided further, That the Department shall notify grant-16 ees of their formula allocation within 60 days of enactment 17 of this Act. 18 COMMUNITY DEVELOPMENT FUND 19 For assistance to States and units of general local 20 government, and other entities, for economic and commu-21 nity development activities, and other purposes, 22 $4,491,483,000, to remain available until September 30, 23 2027: Provided, That of the sums appropriated under this 24 heading— 25 152 •S 2437 RS (1) $3,300,000,000 shall be available for car-1 rying out the community development block grant 2 program under title I of the Housing and Commu-3 nity Development Act of 1974, as amended (42 4 U.S.C. 5301 et seq.) (in this heading ‘‘the Act’’): 5 Provided, That not to exceed 20 percent of any 6 grant made with funds made available under this 7 paragraph shall be expended for planning and man-8 agement development and administration: Provided 9 further, That a metropolitan city, urban county, unit 10 of general local government, or insular area that di-11 rectly or indirectly receives funds under this para-12 graph may not sell, trade, or otherwise transfer all 13 or any portion of such funds to another such entity 14 in exchange for any other funds, credits, or non- 15 Federal considerations, but shall use such funds for 16 activities eligible under title I of the Act: Provided 17 further, That notwithstanding section 105(e)(1) of 18 the Act, no funds made available under this para-19 graph may be provided to a for-profit entity for an 20 economic development project under section 21 105(a)(17) unless such project has been evaluated 22 and selected in accordance with guidelines required 23 under subsection (e)(2) of section 105; 24 153 •S 2437 RS (2) $100,000,000 shall be available for the Sec-1 retary to award grants on a competitive basis to 2 State and local governments, metropolitan planning 3 organizations, and multijurisdictional entities for ad-4 ditional activities under title I of the Act for the 5 identification and removal of barriers to affordable 6 housing production and preservation: Provided, That 7 eligible uses of such grants include activities to fur-8 ther develop, evaluate, and implement housing policy 9 plans, improve housing strategies, and facilitate af-10 fordable housing production and preservation: Pro-11 vided further, That the Secretary shall prioritize ap-12 plicants that are able to (A) demonstrate progress 13 and a commitment to overcoming local barriers to 14 facilitate the increase in affordable housing produc-15 tion and preservation; and (B) demonstrate an acute 16 need for housing affordable to households with in-17 comes below 100 percent of the area median income: 18 Provided further, That funds allocated for such 19 grants shall not adversely affect the amount of any 20 formula assistance received by a jurisdiction under 21 paragraph (1) of this heading: Provided further, 22 That in administering such amounts the Secretary 23 may waive or specify alternative requirements for 24 any provision of such title I except for requirements 25 154 •S 2437 RS related to fair housing, nondiscrimination, labor 1 standards, the environment, and requirements that 2 activities benefit persons of low- and moderate-in-3 come, upon a finding that any such waivers or alter-4 native requirements are necessary to expedite or fa-5 cilitate the use of such amounts; 6 (3) $30,000,000 shall be available for activities 7 authorized under section 8071 of the SUPPORT for 8 Patients and Communities Act (Public Law 115– 9 271): Provided, That funds allocated pursuant to 10 this paragraph shall not adversely affect the amount 11 of any formula assistance received by a State under 12 paragraph (1) of this heading: Provided further, 13 That the Secretary shall allocate the funds for such 14 activities based on the notice establishing the fund-15 ing formula published in 84 FR 16027 (April 17, 16 2019) except that the formula shall use age-adjusted 17 rates of drug overdose deaths for 2021 based on 18 data from the Centers for Disease Control and Pre-19 vention; and 20 (4) $1,061,483,000 shall be available for grants 21 for the Economic Development Initiative (EDI) for 22 the purposes, and in amounts, specified for Congres-23 sionally Directed Spending in the table entitled 24 ‘‘Congressionally Directed Spending’’ included in the 25 155 •S 2437 RS report accompanying this Act: Provided, That eligi-1 ble expenses of such grants in this and prior Acts 2 may include administrative, planning, operations and 3 maintenance, and other costs: Provided further, That 4 such grants for the EDI shall be available for reim-5 bursement of otherwise eligible expenses incurred on 6 or after the date of enactment of this Act and prior 7 to the date of grant execution: Provided further, 8 That none of the amounts made available under this 9 paragraph for grants for the EDI shall be used for 10 reimbursement of expenses incurred prior to the 11 date of enactment of this Act: Provided further, That 12 grants for the EDI authorized under this heading in 13 the Department of Housing and Urban Development 14 Appropriations Act, 2022 (Public Law 117–103) 15 shall also be available hereafter for reimbursement 16 of otherwise eligible expenses (including those eligi-17 ble expenses identified in the first proviso of this 18 paragraph) incurred on or after the date of enact-19 ment of such Act and prior to the date of grant exe-20 cution, and shall hereafter not be subject to the sec-21 ond proviso under such heading in such Act: 22 Provided further, That for amounts made available under 23 paragraphs (1) and (3), the Secretary shall notify grantees 24 156 •S 2437 RS of their formula allocation within 60 days of enactment 1 of this Act. 2 COMMUNITY DEVELOPMENT LOAN GUARANTEES 3 PROGRAM ACCOUNT 4 Subject to section 502 of the Congressional Budget 5 Act of 1974 (2 U.S.C. 661a), during fiscal year 2024, 6 commitments to guarantee loans under section 108 of the 7 Housing and Community Development Act of 1974 (42 8 U.S.C. 5308), any part of which is guaranteed, shall not 9 exceed a total principal amount of $400,000,000, notwith-10 standing any aggregate limitation on outstanding obliga-11 tions guaranteed in subsection (k) of such section 108: 12 Provided, That the Secretary shall collect fees from bor-13 rowers, notwithstanding subsection (m) of such section 14 108, to result in a credit subsidy cost of zero for guaran-15 teeing such loans, and any such fees shall be collected in 16 accordance with section 502(7) of the Congressional 17 Budget Act of 1974: Provided further, That such commit-18 ment authority funded by fees may be used to guarantee, 19 or make commitments to guarantee, notes or other obliga-20 tions issued by any State on behalf of non-entitlement 21 communities in the State in accordance with the require-22 ments of such section 108: Provided further, That any 23 State receiving such a guarantee or commitment under the 24 preceding proviso shall distribute all funds subject to such 25 157 •S 2437 RS guarantee to the units of general local government in non- 1 entitlement areas that received the commitment. 2 HOME INVESTMENT PARTNERSHIPS PROGRAM 3 For the HOME Investment Partnerships program, as 4 authorized under title II of the Cranston-Gonzalez Na-5 tional Affordable Housing Act, as amended (42 U.S.C. 6 12721 et seq.), $1,500,000,000, to remain available until 7 September 30, 2027: Provided, That the Department shall 8 notify grantees of their formula allocations within 60 days 9 after enactment of this Act: Provided further, That section 10 218(g) of such Act (42 U.S.C. 12748(g)) shall not apply 11 with respect to the right of a jurisdiction to draw funds 12 from its HOME Investment Trust Fund that otherwise 13 expired or would expire in any calendar year from 2018 14 through 2026 under that section: Provided further, That 15 section 231(b) of such Act (42 U.S.C. 12771(b)) shall not 16 apply to any uninvested funds that otherwise were de-17 ducted or would be deducted from the line of credit in 18 the participating jurisdiction’s HOME Investment Trust 19 Fund in any calendar year from 2018 through 2026 under 20 that section. 21 SELF-HELP AND ASSISTED HOMEOWNERSHIP 22 OPPORTUNITY PROGRAM 23 For the Self-Help and Assisted Homeownership Op-24 portunity Program, as authorized under section 11 of the 25 158 •S 2437 RS Housing Opportunity Program Extension Act of 1996 (42 1 U.S.C. 12805 note), and for related activities and assist-2 ance, $61,500,000, to remain available until September 3 30, 2026: Provided, That of the sums appropriated under 4 this heading— 5 (1) $13,500,000 shall be available for the Self- 6 Help Homeownership Opportunity Program as au-7 thorized under such section 11; 8 (2) $42,000,000 shall be available for the sec-9 ond, third, and fourth capacity building entities 10 specified in section 4(a) of the HUD Demonstration 11 Act of 1993 (42 U.S.C. 9816 note), of which not 12 less than $5,000,000 shall be for rural capacity 13 building activities: Provided, That for purposes of 14 awarding grants from amounts made available in 15 this paragraph, the Secretary may enter into 16 multiyear agreements, as appropriate, subject to the 17 availability of annual appropriations; and 18 (3) $6,000,000 shall be available for capacity 19 building by national rural housing organizations hav-20 ing experience assessing national rural conditions 21 and providing financing, training, technical assist-22 ance, information, and research to local nonprofit or-23 ganizations, local governments, and Indian Tribes 24 serving high need rural communities. 25 159 •S 2437 RS HOMELESS ASSISTANCE GRANTS 1 For assistance under title IV of the McKinney-Vento 2 Homeless Assistance Act (42 U.S.C. 11360 et seq.), and 3 for related activities and assistance, $3,908,000,000, to 4 remain available until September 30, 2026: Provided, 5 That of the sums appropriated under this heading— 6 (1) $290,000,000 shall be available for the 7 Emergency Solutions Grants program authorized 8 under subtitle B of such title IV (42 U.S.C. 11371 9 et seq.): Provided, That the Department shall notify 10 grantees of their formula allocation from amounts 11 allocated (which may represent initial or final 12 amounts allocated) for the Emergency Solutions 13 Grant program not later than 60 days after enact-14 ment of this Act; 15 (2) $3,401,000,000 shall be available for the 16 Continuum of Care program authorized under sub-17 title C of such title IV (42 U.S.C. 11381 et seq.) 18 and the Rural Housing Stability Assistance pro-19 grams authorized under subtitle D of such title IV 20 (42 U.S.C. 11408): Provided, That the Secretary 21 shall prioritize funding under the Continuum of 22 Care program to continuums of care that have dem-23 onstrated a capacity to reallocate funding from lower 24 performing projects to higher performing projects: 25 160 •S 2437 RS Provided further, That the Secretary may make rea-1 sonable adjustments to renewal amounts to enable 2 renewal projects to operate at substantially the same 3 levels, including cost-of-living adjustments for sup-4 portive services from the prior grant: Provided fur-5 ther, That the Secretary shall provide incentives to 6 create projects that coordinate with housing pro-7 viders and healthcare organizations to provide per-8 manent supportive housing and rapid re-housing 9 services: Provided further, That of the amounts 10 made available for the Continuum of Care program 11 under this paragraph, $25,000,000 shall be for addi-12 tional non-renewable grants to improve coordination 13 and establish partnerships between or among hous-14 ing providers, homeless services providers, healthcare 15 organizations, and government entities to address 16 housing-related supportive services needs or improve 17 access to health services for chronically homeless in-18 dividuals and other homeless individuals: Provided 19 further, That amounts in the previous proviso may 20 be awarded only to applicants that identify signifi-21 cant available resources that could be leveraged to 22 assist people transitioning from homelessness to per-23 manent community-based housing: Provided further, 24 That the Secretary may establish by notice an alter-25 161 •S 2437 RS native maximum amount for administrative costs re-1 lated to the requirements described in sections 2 402(f)(1) and 402(f)(2) of subtitle A of such title IV 3 of no more than 5 percent or $50,000, whichever is 4 greater, notwithstanding the 3 percent limitation in 5 section 423(a)(10) of such subtitle C: Provided fur-6 ther, That of the amounts made available for the 7 Continuum of Care program under this paragraph, 8 $52,000,000 shall be for grants for new rapid re- 9 housing projects and supportive service projects pro-10 viding coordinated entry, and for eligible activities 11 that the Secretary determines to be critical in order 12 to assist survivors of domestic violence, dating vio-13 lence, sexual assault, or stalking, except that the 14 Secretary may make additional grants for such 15 projects and purposes from amounts made available 16 for such Continuum of Care program: Provided fur-17 ther, That amounts made available for the Con-18 tinuum of Care program under this paragraph and 19 any remaining unobligated balances under this head-20 ing in prior Acts may be used to competitively or 21 non-competitively renew or replace grants for youth 22 homeless demonstration projects under the Con-23 tinuum of Care program, notwithstanding any con-24 162 •S 2437 RS flict with the requirements of the Continuum of Care 1 program; 2 (3) $10,000,000 shall be available for the na-3 tional homeless data analysis project: Provided, That 4 notwithstanding the provisions of the Federal Grant 5 and Cooperative Agreements Act of 1977 (31 U.S.C. 6 6301–6308), the amounts made available under this 7 paragraph and any remaining unobligated balances 8 under this heading for such purposes in prior Acts 9 may be used by the Secretary to enter into coopera-10 tive agreements with such entities as may be deter-11 mined by the Secretary, including public and private 12 organizations, agencies, and institutions; 13 (4) $107,000,000 shall be available to imple-14 ment projects to demonstrate how a comprehensive 15 approach to serving homeless youth, age 24 and 16 under, in up to 25 communities with a priority for 17 communities with substantial rural populations in up 18 to eight locations, can dramatically reduce youth 19 homelessness: Provided, That of the amount made 20 available under this paragraph, not less than 21 $25,000,000 shall be for youth homelessness system 22 improvement grants to support communities, includ-23 ing but not limited to the communities assisted 24 under the matter preceding this proviso, in estab-25 163 •S 2437 RS lishing and implementing a response system for 1 youth homelessness, or for improving their existing 2 system: Provided further, That of the amount made 3 available under this paragraph, up to $10,000,000 4 shall be to provide technical assistance to commu-5 nities, including but not limited to the communities 6 assisted in the preceding proviso and the matter pre-7 ceding such proviso, on improving system responses 8 to youth homelessness, and collection, analysis, use, 9 and reporting of data and performance measures 10 under the comprehensive approaches to serve home-11 less youth, in addition to and in coordination with 12 other technical assistance funds provided under this 13 title: Provided further, That the Secretary may use 14 up to 10 percent of the amount made available 15 under the preceding proviso to build the capacity of 16 current technical assistance providers or to train 17 new technical assistance providers with verifiable 18 prior experience with systems and programs for 19 youth experiencing homelessness; and 20 (5) $100,000,000 shall be available for one-time 21 awards under the Continuum of Care program for 22 new construction, acquisition, or rehabilitation of 23 new permanent supportive housing, of which not 24 more than 20 percent of such awards may be used 25 164 •S 2437 RS for other Continuum of Care eligible activities asso-1 ciated with such projects and not more than 10 per-2 cent of such awards may be used for project admin-3 istration: Provided, That these amounts shall be 4 awarded on a competitive basis, based on need and 5 other factors to be determined by the Secretary, in-6 cluding incentives to establish projects that coordi-7 nate with housing providers, healthcare organiza-8 tions and social service providers: Provided further, 9 That not less than $35,000,000 shall be awarded to 10 applicants for projects within States with popu-11 lations less than 2,500,000, except that if such 12 amount is undersubscribed any remaining amounts 13 may be awarded to qualified applicants for projects 14 in any State: Provided further, That the grants for 15 ongoing costs associated with such projects shall be 16 eligible for renewal under the Continuum of Care 17 program subject to the same terms and conditions 18 as other renewal applicants: 19 Provided further, That youth aged 24 and under seeking 20 assistance under this heading shall not be required to pro-21 vide third party documentation to establish their eligibility 22 under subsection (a) or (b) of section 103 of the McKin-23 ney-Vento Homeless Assistance Act (42 U.S.C. 11302) to 24 receive services: Provided further, That unaccompanied 25 165 •S 2437 RS youth aged 24 and under or families headed by youth aged 1 24 and under who are living in unsafe situations may be 2 served by youth-serving providers funded under this head-3 ing: Provided further, That persons eligible under section 4 103(a)(5) of the McKinney-Vento Homeless Assistance 5 Act may be served by any project funded under this head-6 ing to provide both transitional housing and rapid re-hous-7 ing: Provided further, That for all matching funds require-8 ments applicable to funds made available under this head-9 ing for this fiscal year and prior fiscal years, a grantee 10 may use (or could have used) as a source of match funds 11 other funds administered by the Secretary and other Fed-12 eral agencies unless there is (or was) a specific statutory 13 prohibition on any such use of any such funds: Provided 14 further, That none of the funds made available under this 15 heading shall be available to provide funding for new 16 projects, except for projects created through reallocation, 17 unless the Secretary determines that the continuum of 18 care has demonstrated that projects are evaluated and 19 ranked based on the degree to which they improve the con-20 tinuum of care’s system performance: Provided further, 21 That any unobligated amounts remaining from funds 22 made available under this heading in fiscal year 2012 and 23 prior years for project-based rental assistance for rehabili-24 tation projects with 10-year grant terms may be used for 25 166 •S 2437 RS purposes under this heading, notwithstanding the pur-1 poses for which such funds were appropriated: Provided 2 further, That unobligated balances, including recaptures 3 and carryover, remaining from funds transferred to or ap-4 propriated under this heading in fiscal year 2019 or prior 5 years, except for rental assistance amounts that were re-6 captured and made available until expended, shall be avail-7 able for the current purposes authorized under this head-8 ing in addition to the purposes for which such funds origi-9 nally were appropriated. 10 H OUSINGPROGRAMS 11 PROJECT-BASED RENTAL ASSISTANCE 12 For activities and assistance for the provision of 13 project-based subsidy contracts under the United States 14 Housing Act of 1937 (42 U.S.C. 1437 et seq.) (‘‘the 15 Act’’), not otherwise provided for, $15,390,924,000, to re-16 main available until expended, shall be available on Octo-17 ber 1, 2023 (in addition to the $400,000,000 previously 18 appropriated under this heading that became available Oc-19 tober 1, 2023), and $400,000,000, to remain available 20 until expended, shall be available on October 1, 2024: Pro-21 vided, That the amounts made available under this head-22 ing shall be available for expiring or terminating section 23 8 project-based subsidy contracts (including section 8 24 moderate rehabilitation contracts), for amendments to sec-25 167 •S 2437 RS tion 8 project-based subsidy contracts (including section 1 8 moderate rehabilitation contracts), for contracts entered 2 into pursuant to section 441 of the McKinney-Vento 3 Homeless Assistance Act (42 U.S.C. 11401), for renewal 4 of section 8 contracts for units in projects that are subject 5 to approved plans of action under the Emergency Low In-6 come Housing Preservation Act of 1987 or the Low-In-7 come Housing Preservation and Resident Homeownership 8 Act of 1990, and for administrative and other expenses 9 associated with project-based activities and assistance 10 funded under this heading: Provided further, That of the 11 total amounts provided under this heading, not to exceed 12 $448,000,000 shall be available for performance-based 13 contract administrators for section 8 project-based assist-14 ance, for carrying out 42 U.S.C. 1437(f): Provided further, 15 That the Secretary may also use such amounts in the pre-16 ceding proviso for performance-based contract administra-17 tors for the administration of: interest reduction payments 18 pursuant to section 236(a) of the National Housing Act 19 (12 U.S.C. 1715z–1(a)); rent supplement payments pur-20 suant to section 101 of the Housing and Urban Develop-21 ment Act of 1965 (12 U.S.C. 1701s); section 236(f)(2) 22 rental assistance payments (12 U.S.C. 1715z–1(f)(2)); 23 project rental assistance contracts for the elderly under 24 section 202(c)(2) of the Housing Act of 1959 (12 U.S.C. 25 168 •S 2437 RS 1701q); project rental assistance contracts for supportive 1 housing for persons with disabilities under section 2 811(d)(2) of the Cranston-Gonzalez National Affordable 3 Housing Act (42 U.S.C. 8013(d)(2)); project assistance 4 contracts pursuant to section 202(h) of the Housing Act 5 of 1959 (Public Law 86–372; 73 Stat. 667); and loans 6 under section 202 of the Housing Act of 1959 (Public Law 7 86–372; 73 Stat. 667): Provided further, That amounts 8 recaptured under this heading, the heading ‘‘Annual Con-9 tributions for Assisted Housing’’, or the heading ‘‘Housing 10 Certificate Fund’’, may be used for renewals of or amend-11 ments to section 8 project-based contracts or for perform-12 ance-based contract administrators, notwithstanding the 13 purposes for which such amounts were appropriated: Pro-14 vided further, That, notwithstanding any other provision 15 of law, upon the request of the Secretary, project funds 16 that are held in residual receipts accounts for any project 17 subject to a section 8 project-based Housing Assistance 18 Payments contract that authorizes the Department or a 19 housing finance agency to require that surplus project 20 funds be deposited in an interest-bearing residual receipts 21 account and that are in excess of an amount to be deter-22 mined by the Secretary, shall be remitted to the Depart-23 ment and deposited in this account, to be available until 24 expended: Provided further, That amounts deposited pur-25 169 •S 2437 RS suant to the preceding proviso shall be available in addi-1 tion to the amount otherwise provided by this heading for 2 uses authorized under this heading: Provided further, That 3 of the total amounts provided under this heading, 4 $32,924,000 shall be available for rent adjustments as au-5 thorized by section 515(d) of the Multifamily Assisted 6 Housing Reform and Affordability Act of 1997 (42 U.S.C. 7 1437f note): Provided further, That of the amounts made 8 available under this heading, $5,081,790,000 is des-9 ignated by the Congress as being for an emergency re-10 quirement pursuant to section 251(b)(2)(A)(i) of the Bal-11 anced Budget and Emergency Deficit Control Act of 1985. 12 HOUSING FOR THE ELDERLY 13 For capital advances, including amendments to cap-14 ital advance contracts, for housing for the elderly, as au-15 thorized by section 202 of the Housing Act of 1959 (12 16 U.S.C. 1701q), for project rental assistance for the elderly 17 under section 202(c)(2) of such Act, including amend-18 ments to contracts for such assistance and renewal of ex-19 piring contracts for such assistance for up to a 5-year 20 term, for senior preservation rental assistance contracts, 21 including renewals, as authorized by section 811(e) of the 22 American Homeownership and Economic Opportunity Act 23 of 2000 (12 U.S.C. 1701q note), and for supportive serv-24 ices associated with the housing, $1,075,000,000, to re-25 170 •S 2437 RS main available until September 30, 2027: Provided, That 1 of the amount made available under this heading, up to 2 $120,000,000 shall be for service coordinators and the 3 continuation of existing congregate service grants for resi-4 dents of assisted housing projects: Provided further, That 5 any funding for existing service coordinators under the 6 preceding proviso shall be provided within 120 days of en-7 actment of this Act: Provided further, That the Secretary 8 may waive the provisions of section 202 governing the 9 terms and conditions of project rental assistance, except 10 that the initial contract term for such assistance shall not 11 exceed 5 years in duration: Provided further, That upon 12 request of the Secretary, project funds that are held in 13 residual receipts accounts for any project subject to a sec-14 tion 202 project rental assistance contract, and that upon 15 termination of such contract are in excess of an amount 16 to be determined by the Secretary, shall be remitted to 17 the Department and deposited in this account, to remain 18 available until September 30, 2027: Provided further, That 19 amounts deposited in this account pursuant to the pre-20 ceding proviso shall be available, in addition to the 21 amounts otherwise provided by this heading, for the pur-22 poses authorized under this heading: Provided further, 23 That unobligated balances, including recaptures and car-24 ryover, remaining from funds transferred to or appro-25 171 •S 2437 RS priated under this heading shall be available for the cur-1 rent purposes authorized under this heading in addition 2 to the purposes for which such funds originally were ap-3 propriated: Provided further, That for the purposes of the 4 preceding proviso the Secretary may waive, or specify al-5 ternative requirements for, any provision of section 202 6 of the Housing Act of 1959 (12 U.S.C. 1701q) in order 7 to facilitate the development of such units, except for re-8 quirements related to fair housing, nondiscrimination, 9 labor standards, and the environment: Provided further, 10 That of the total amount made available under this head-11 ing, up to $6,000,000 shall be used by the Secretary to 12 support preservation transactions of housing for the elder-13 ly originally developed with a capital advance and assisted 14 by a project rental assistance contract under the provi-15 sions of section 202(c) of the Housing Act of 1959. 16 HOUSING FOR PERSONS WITH DISABILITIES 17 For capital advances, including amendments to cap-18 ital advance contracts, for supportive housing for persons 19 with disabilities, as authorized by section 811 of the Cran-20 ston-Gonzalez National Affordable Housing Act (42 21 U.S.C. 8013), for project rental assistance for supportive 22 housing for persons with disabilities under section 23 811(d)(2) of such Act, for project assistance contracts 24 pursuant to subsection (h) of section 202 of the Housing 25 172 •S 2437 RS Act of 1959, as added by section 205(a) of the Housing 1 and Community Development Amendments of 1978 (Pub-2 lic Law 95–557: 92 Stat. 2090), including amendments 3 to contracts for such assistance and renewal of expiring 4 contracts for such assistance for up to a 5-year term, for 5 project rental assistance to State housing finance agencies 6 and other appropriate entities as authorized under section 7 811(b)(3) of the Cranston-Gonzalez National Affordable 8 Housing Act, and for supportive services associated with 9 the housing for persons with disabilities as authorized by 10 section 811(b)(1) of such Act, $360,000,000, to remain 11 available until September 30, 2027: Provided, That, upon 12 the request of the Secretary, project funds that are held 13 in residual receipts accounts for any project subject to a 14 section 811 project rental assistance contract, and that 15 upon termination of such contract are in excess of an 16 amount to be determined by the Secretary, shall be remit-17 ted to the Department and deposited in this account, to 18 remain available until September 30, 2027: Provided fur-19 ther, That amounts deposited in this account pursuant to 20 the preceding proviso shall be available in addition to the 21 amounts otherwise provided by this heading for the pur-22 poses authorized under this heading: Provided further, 23 That unobligated balances, including recaptures and car-24 ryover, remaining from funds transferred to or appro-25 173 •S 2437 RS priated under this heading shall be used for the current 1 purposes authorized under this heading in addition to the 2 purposes for which such funds originally were appro-3 priated. 4 HOUSING COUNSELING ASSISTANCE 5 For contracts, grants, and other assistance excluding 6 loans, as authorized under section 106 of the Housing and 7 Urban Development Act of 1968, as amended, 8 $57,500,000, to remain available until September 30, 9 2025, including up to $4,500,000 for administrative con-10 tract services: Provided, That funds shall be used for pro-11 viding counseling and advice to tenants and homeowners, 12 both current and prospective, with respect to property 13 maintenance, financial management or literacy, and such 14 other matters as may be appropriate to assist them in im-15 proving their housing conditions, meeting their financial 16 needs, and fulfilling the responsibilities of tenancy or 17 homeownership; for program administration; and for hous-18 ing counselor training: Provided further, That for purposes 19 of awarding grants from amounts provided under this 20 heading, the Secretary may enter into multiyear agree-21 ments, as appropriate, subject to the availability of annual 22 appropriations. 23 174 •S 2437 RS PAYMENT TO MANUFACTURED HOUSING FEES TRUST 1 FUND 2 For necessary expenses as authorized by the National 3 Manufactured Housing Construction and Safety Stand-4 ards Act of 1974 (42 U.S.C. 5401 et seq.), up to 5 $14,000,000, to remain available until expended, of which 6 $14,000,000 shall be derived from the Manufactured 7 Housing Fees Trust Fund (established under section 8 620(e) of such Act (42 U.S.C. 5419(e)): Provided, That 9 not to exceed the total amount appropriated under this 10 heading shall be available from the general fund of the 11 Treasury to the extent necessary to incur obligations and 12 make expenditures pending the receipt of collections to the 13 Fund pursuant to section 620 of such Act: Provided fur-14 ther, That the amount made available under this heading 15 from the general fund shall be reduced as such collections 16 are received during fiscal year 2024 so as to result in a 17 final fiscal year 2024 appropriation from the general fund 18 estimated at zero, and fees pursuant to such section 620 19 shall be modified as necessary to ensure such a final fiscal 20 year 2024 appropriation: Provided further, That for the 21 dispute resolution and installation programs, the Sec-22 retary may assess and collect fees from any program par-23 ticipant: Provided further, That such collections shall be 24 deposited into the Trust Fund, and the Secretary, as pro-25 175 •S 2437 RS vided herein, may use such collections, as well as fees col-1 lected under section 620 of such Act, for necessary ex-2 penses of such Act: Provided further, That, notwith-3 standing the requirements of section 620 of such Act, the 4 Secretary may carry out responsibilities of the Secretary 5 under such Act through the use of approved service pro-6 viders that are paid directly by the recipients of their serv-7 ices. 8 F EDERALHOUSINGADMINISTRATION 9 MUTUAL MORTGAGE INSURANCE PROGRAM ACCOUNT 10 New commitments to guarantee single family loans 11 insured under the Mutual Mortgage Insurance Fund shall 12 not exceed $400,000,000,000, to remain available until 13 September 30, 2025: Provided, That during fiscal year 14 2024, obligations to make direct loans to carry out the 15 purposes of section 204(g) of the National Housing Act, 16 as amended, shall not exceed $1,000,000: Provided fur-17 ther, That the foregoing amount in the preceding proviso 18 shall be for loans to nonprofit and governmental entities 19 in connection with sales of single family real properties 20 owned by the Secretary and formerly insured under the 21 Mutual Mortgage Insurance Fund: Provided further, That 22 for administrative contract expenses of the Federal Hous-23 ing Administration, $150,000,000, to remain available 24 until September 30, 2025: Provided further, That to the 25 176 •S 2437 RS extent guaranteed loan commitments exceed 1 $200,000,000,000 on or before April 1, 2024, an addi-2 tional $1,400 for administrative contract expenses shall be 3 available for each $1,000,000 in additional guaranteed 4 loan commitments (including a pro rata amount for any 5 amount below $1,000,000), but in no case shall funds 6 made available by this proviso exceed $30,000,000: Pro-7 vided further, That notwithstanding the limitation in the 8 first sentence of section 255(g) of the National Housing 9 Act (12 U.S.C. 1715z–20(g)), during fiscal year 2024 the 10 Secretary may insure and enter into new commitments to 11 insure mortgages under section 255 of the National Hous-12 ing Act only to the extent that the net credit subsidy cost 13 for such insurance does not exceed zero. 14 GENERAL AND SPECIAL RISK PROGRAM ACCOUNT 15 New commitments to guarantee loans insured under 16 the General and Special Risk Insurance Funds, as author-17 ized by sections 238 and 519 of the National Housing Act 18 (12 U.S.C. 1715z–3 and 1735c), shall not exceed 19 $35,000,000,000 in total loan principal, any part of which 20 is to be guaranteed, to remain available until September 21 30, 2025: Provided, That during fiscal year 2024, gross 22 obligations for the principal amount of direct loans, as au-23 thorized by sections 204(g), 207(l), 238, and 519(a) of 24 the National Housing Act, shall not exceed $1,000,000, 25 177 •S 2437 RS which shall be for loans to nonprofit and governmental en-1 tities in connection with the sale of single family real prop-2 erties owned by the Secretary and formerly insured under 3 such Act. 4 G OVERNMENTNATIONALMORTGAGEASSOCIATION 5 GUARANTEES OF MORTGAGE -BACKED SECURITIES LOAN 6 GUARANTEE PROGRAM ACCOUNT 7 New commitments to issue guarantees to carry out 8 the purposes of section 306 of the National Housing Act, 9 as amended (12 U.S.C. 1721(g)), shall not exceed 10 $900,000,000,000, to remain available until September 11 30, 2025: Provided, That $54,000,000, to remain avail-12 able until September 30, 2025, shall be for necessary sala-13 ries and expenses of the Government National Mortgage 14 Association: Provided further, That to the extent that 15 guaranteed loan commitments exceed $155,000,000,000 16 on or before April 1, 2024, an additional $100 for nec-17 essary salaries and expenses shall be available until ex-18 pended for each $1,000,000 in additional guaranteed loan 19 commitments (including a pro rata amount for any 20 amount below $1,000,000), but in no case shall funds 21 made available by this proviso exceed $3,000,000: Pro-22 vided further, That receipts from Commitment and 23 Multiclass fees collected pursuant to title III of the Na-24 178 •S 2437 RS tional Housing Act (12 U.S.C. 1716 et seq.) shall be cred-1 ited as offsetting collections to this account. 2 P OLICYDEVELOPMENT AND RESEARCH 3 RESEARCH AND TECHNOLOGY 4 For contracts, grants, and necessary expenses of pro-5 grams of research and studies relating to housing and 6 urban problems, not otherwise provided for, as authorized 7 by title V of the Housing and Urban Development Act 8 of 1970 (12 U.S.C. 1701z–1 et seq.), including carrying 9 out the functions of the Secretary of Housing and Urban 10 Development under section 1(a)(1)(i) of Reorganization 11 Plan No. 2 of 1968, and for technical assistance, 12 $125,400,000, to remain available until September 30, 13 2025: Provided, That with respect to amounts made avail-14 able under this heading, notwithstanding section 203 of 15 this title, the Secretary may enter into cooperative agree-16 ments with philanthropic entities, other Federal agencies, 17 State or local governments and their agencies, Indian 18 Tribes, tribally designated housing entities, colleges or 19 universities, or international organizations for research 20 projects: Provided further, That with respect to the pre-21 ceding proviso, such partners to the cooperative agree-22 ments shall contribute at least a 50 percent match toward 23 the cost of the project: Provided further, That for non- 24 competitive agreements entered into in accordance with 25 179 •S 2437 RS the preceding two provisos, the Secretary shall comply 1 with section 2(b) of the Federal Funding Accountability 2 and Transparency Act of 2006 (Public Law 109–282, 31 3 U.S.C. note) in lieu of compliance with section 4 102(a)(4)(C) of the Department of Housing and Urban 5 Development Reform Act of 1989 (42 U.S.C. 6 3545(a)(4)(C)) with respect to documentation of award 7 decisions: Provided further, That prior to obligation of 8 technical assistance funding, the Secretary shall submit a 9 plan to the House and Senate Committees on Appropria-10 tions on how the Secretary will allocate funding for this 11 activity at least 30 days prior to obligation: Provided fur-12 ther, That none of the funds provided under this heading 13 may be available for the doctoral dissertation research 14 grant program: Provided further, That an additional 15 $20,000,000, to remain available until September 30, 16 2026, shall be for competitive grants to nonprofit or gov-17 ernmental entities to provide legal assistance (including 18 assistance related to pretrial activities, trial activities, 19 post-trial activities and alternative dispute resolution) at 20 no cost to eligible low-income tenants at risk of or subject 21 to eviction: Provided further, That in awarding grants 22 under the preceding proviso, the Secretary shall give pref-23 erence to applicants that include a marketing strategy for 24 residents of areas with high rates of eviction, have experi-25 180 •S 2437 RS ence providing no-cost legal assistance to low-income indi-1 viduals, including those with limited English proficiency 2 or disabilities, and have sufficient capacity to administer 3 such assistance: Provided further, That the Secretary shall 4 ensure, to the extent practicable, that the proportion of 5 eligible tenants living in rural areas who will receive legal 6 assistance with grant funds made available under this 7 heading is not less than the overall proportion of eligible 8 tenants who live in rural areas. 9 F AIRHOUSING ANDEQUALOPPORTUNITY 10 FAIR HOUSING ACTIVITIES 11 For contracts, grants, and other assistance, not oth-12 erwise provided for, as authorized by title VIII of the Civil 13 Rights Act of 1968 (42 U.S.C. 3601 et seq.), and section 14 561 of the Housing and Community Development Act of 15 1987 (42 U.S.C. 3616a), $86,355,000, to remain available 16 until September 30, 2025: Provided, That notwithstanding 17 section 3302 of title 31, United States Code, the Secretary 18 may assess and collect fees to cover the costs of the Fair 19 Housing Training Academy, and may use such funds to 20 develop on-line courses and provide such training: Pro-21 vided further, That none of the funds made available under 22 this heading may be used to lobby the executive or legisla-23 tive branches of the Federal Government in connection 24 with a specific contract, grant, or loan: Provided further, 25 181 •S 2437 RS That of the funds made available under this heading, 1 $1,355,000 shall be available to the Secretary for the cre-2 ation and promotion of translated materials and other pro-3 grams that support the assistance of persons with limited 4 English proficiency in utilizing the services provided by 5 the Department of Housing and Urban Development. 6 O FFICE OFLEADHAZARDCONTROL ANDHEALTHY 7 H OMES 8 LEAD HAZARD REDUCTION 9 (INCLUDING TRANSFER OF FUNDS) 10 For the Lead Hazard Reduction Program, as author-11 ized by section 1011 of the Residential Lead-Based Paint 12 Hazard Reduction Act of 1992 (42 U.S.C. 4852), the 13 Healthy Homes Initiative, pursuant to sections 501 and 14 502 of the Housing and Urban Development Act of 1970 15 (12 U.S.C. 1701z–1 and 1701z–2), and for related activi-16 ties and assistance, $350,000,000, to remain available 17 until September 30, 2026: Provided, That the amounts 18 made available under this heading are provided as fol-19 lows— 20 (1) $245,000,000 shall be for the award of 21 grants pursuant to such section 1011, of which not 22 less than $105,000,000 shall be provided to areas 23 with the highest lead-based paint abatement needs; 24 182 •S 2437 RS (2) $105,000,000 shall be for the Healthy 1 Homes Initiative, pursuant to sections 501 and 502 2 of the Housing and Urban Development Act of 3 1970, which shall include research, studies, testing, 4 and demonstration efforts, including education and 5 outreach concerning lead-based paint poisoning and 6 other housing-related diseases and hazards, and 7 mitigating housing-related health and safety hazards 8 in housing of low-income families, of which— 9 (A) $5,000,000 shall be for the implemen-10 tation of projects in communities that are 11 served by both the Healthy Homes Initiative 12 and the Department of Energy weatherization 13 programs to demonstrate whether the coordina-14 tion of Healthy Homes remediation activities 15 with weatherization activities achieves cost sav-16 ings and better outcomes in improving the safe-17 ty and quality of homes; and 18 (B) $30,000,000 shall be for grants to ex-19 perienced non-profit organizations, States, local 20 governments, or public housing agencies for 21 safety and functional home modification repairs 22 and renovations to meet the needs of low-in-23 come seniors to enable them to remain in their 24 primary residence: Provided, That of the total 25 183 •S 2437 RS amount made available under this subpara-1 graph no less than $10,000,000 shall be avail-2 able to meet such needs in communities with 3 substantial rural populations; and 4 (3) Up to $2,000,000 in total of the amounts 5 made available under paragraph (2) may be trans-6 ferred to the heading ‘‘Research and Technology’’ 7 for the purposes of conducting research and studies 8 and for use in accordance with the provisos under 9 that heading for non-competitive agreements: 10 Provided further, That for purposes of environmental re-11 view, pursuant to the National Environmental Policy Act 12 of 1969 (42 U.S.C. 4321 et seq.) and other provisions of 13 law that further the purposes of such Act, a grant under 14 the Healthy Homes Initiative, or the Lead Technical Stud-15 ies program, or other demonstrations or programs under 16 this heading or under prior appropriations Acts for such 17 purposes under this heading, or under the heading ‘‘Hous-18 ing for the Elderly’’ under prior Appropriations Acts, shall 19 be considered to be funds for a special project for purposes 20 of section 305(c) of the Multifamily Housing Property 21 Disposition Reform Act of 1994: Provided further, That 22 each applicant for a grant or cooperative agreement under 23 this heading shall certify adequate capacity that is accept-24 able to the Secretary to carry out the proposed use of 25 184 •S 2437 RS funds pursuant to a notice of funding opportunity: Pro-1 vided further, That amounts made available under this 2 heading, except for amounts in paragraph (2)(B) for home 3 modification repairs and renovations, in this or prior ap-4 propriations Acts, still remaining available, may be used 5 for any purpose under this heading notwithstanding the 6 purpose for which such amounts were appropriated if a 7 program competition is undersubscribed and there are 8 other program competitions under this heading that are 9 oversubscribed. 10 I NFORMATIONTECHNOLOGYFUND 11 For Department-wide and program-specific informa-12 tion technology systems and infrastructure, $374,750,000, 13 to remain available until September 30, 2026, of which 14 up to $23,950,000 shall be for development, moderniza-15 tion, and enhancement projects, including planning for 16 such projects: Provided, That not later than 30 days after 17 the end of each quarter, the Secretary shall brief the 18 House and Senate Committees on Appropriations on all 19 information technology modernization efforts as required 20 by the report accompanying this Act. 21 O FFICE OFINSPECTORGENERAL 22 For necessary salaries and expenses of the Office of 23 Inspector General in carrying out the Inspector General 24 Act of 1978, as amended, $152,924,000: Provided, That 25 185 •S 2437 RS the Inspector General shall have independent authority 1 over all personnel issues within this office. 2 G ENERALPROVISIONS—DEPARTMENT OFHOUSING AND 3 U RBANDEVELOPMENT 4 (INCLUDING RESCISSIONS) 5 (INCLUDING TRANSFER OF FUNDS) 6 S EC. 201. Fifty percent of the amounts of budget au-7 thority, or in lieu thereof 50 percent of the cash amounts 8 associated with such budget authority, that are recaptured 9 from projects described in section 1012(a) of the Stewart 10 B. McKinney Homeless Assistance Amendments Act of 11 1988 (42 U.S.C. 1437f note) shall be rescinded or in the 12 case of cash, shall be remitted to the Treasury, and such 13 amounts of budget authority or cash recaptured and not 14 rescinded or remitted to the Treasury shall be used by 15 State housing finance agencies or local governments or 16 local housing agencies with projects approved by the Sec-17 retary of Housing and Urban Development for which set-18 tlement occurred after January 1, 1992, in accordance 19 with such section. Notwithstanding the previous sentence, 20 the Secretary may award up to 15 percent of the budget 21 authority or cash recaptured and not rescinded or remitted 22 to the Treasury to provide project owners with incentives 23 to refinance their project at a lower interest rate. 24 186 •S 2437 RS SEC. 202. None of the funds made available by this 1 Act may be used to investigate or prosecute under the Fair 2 Housing Act any otherwise lawful activity engaged in by 3 one or more persons, including the filing or maintaining 4 of a nonfrivolous legal action, that is engaged in solely 5 for the purpose of achieving or preventing action by a Gov-6 ernment official or entity, or a court of competent jurisdic-7 tion. 8 S EC. 203. Except as explicitly provided in law, any 9 grant, cooperative agreement or other assistance made 10 pursuant to title II of this Act shall be made on a competi-11 tive basis and in accordance with section 102 of the De-12 partment of Housing and Urban Development Reform Act 13 of 1989 (42 U.S.C. 3545). 14 S EC. 204. Funds of the Department of Housing and 15 Urban Development subject to the Government Corpora-16 tion Control Act or section 402 of the Housing Act of 17 1950 shall be available, without regard to the limitations 18 on administrative expenses, for legal services on a contract 19 or fee basis, and for utilizing and making payment for 20 services and facilities of the Federal National Mortgage 21 Association, Government National Mortgage Association, 22 Federal Home Loan Mortgage Corporation, Federal Fi-23 nancing Bank, Federal Reserve banks or any member 24 thereof, Federal Home Loan banks, and any insured bank 25 187 •S 2437 RS within the meaning of the Federal Deposit Insurance Cor-1 poration Act, as amended (12 U.S.C. 1811–1). 2 S EC. 205. Unless otherwise provided for in this Act 3 or through a reprogramming of funds, no part of any ap-4 propriation for the Department of Housing and Urban 5 Development shall be available for any program, project 6 or activity in excess of amounts set forth in the budget 7 estimates submitted to Congress. 8 S EC. 206. Corporations and agencies of the Depart-9 ment of Housing and Urban Development which are sub-10 ject to the Government Corporation Control Act are here-11 by authorized to make such expenditures, within the limits 12 of funds and borrowing authority available to each such 13 corporation or agency and in accordance with law, and to 14 make such contracts and commitments without regard to 15 fiscal year limitations as provided by section 104 of such 16 Act as may be necessary in carrying out the programs set 17 forth in the budget for 2024 for such corporation or agen-18 cy except as hereinafter provided: Provided, That collec-19 tions of these corporations and agencies may be used for 20 new loan or mortgage purchase commitments only to the 21 extent expressly provided for in this Act (unless such loans 22 are in support of other forms of assistance provided for 23 in this or prior appropriations Acts), except that this pro-24 viso shall not apply to the mortgage insurance or guaranty 25 188 •S 2437 RS operations of these corporations, or where loans or mort-1 gage purchases are necessary to protect the financial in-2 terest of the United States Government. 3 S EC. 207. The Secretary shall provide quarterly re-4 ports to the House and Senate Committees on Appropria-5 tions regarding all uncommitted, unobligated, recaptured 6 and excess funds in each program and activity within the 7 jurisdiction of the Department and shall submit addi-8 tional, updated budget information to these Committees 9 upon request. 10 S EC. 208. None of the funds made available by this 11 title may be used for an audit of the Government National 12 Mortgage Association that makes applicable requirements 13 under the Federal Credit Reform Act of 1990 (2 U.S.C. 14 661 et seq.). 15 S EC. 209. (a) Notwithstanding any other provision 16 of law, subject to the conditions listed under this section, 17 for fiscal years 2024 and 2025, the Secretary of Housing 18 and Urban Development may authorize the transfer of 19 some or all project-based assistance, debt held or insured 20 by the Secretary and statutorily required low-income and 21 very low-income use restrictions if any, associated with one 22 or more multifamily housing project or projects to another 23 multifamily housing project or projects. 24 189 •S 2437 RS (b) PHASEDTRANSFERS.—Transfers of project- 1 based assistance under this section may be done in phases 2 to accommodate the financing and other requirements re-3 lated to rehabilitating or constructing the project or 4 projects to which the assistance is transferred, to ensure 5 that such project or projects meet the standards under 6 subsection (c). 7 (c) The transfer authorized in subsection (a) is sub-8 ject to the following conditions: 9 (1) N UMBER AND BEDROOM SIZE OF UNITS .— 10 (A) For occupied units in the transferring 11 project: The number of low-income and very 12 low-income units and the configuration (i.e., 13 bedroom size) provided by the transferring 14 project shall be no less than when transferred 15 to the receiving project or projects and the net 16 dollar amount of Federal assistance provided to 17 the transferring project shall remain the same 18 in the receiving project or projects. 19 (B) For unoccupied units in the transfer-20 ring project: The Secretary may authorize a re-21 duction in the number of dwelling units in the 22 receiving project or projects to allow for a re-23 configuration of bedroom sizes to meet current 24 market demands, as determined by the Sec-25 190 •S 2437 RS retary and provided there is no increase in the 1 project-based assistance budget authority. 2 (2) The transferring project shall, as deter-3 mined by the Secretary, be either physically obsolete 4 or economically nonviable, or be reasonably expected 5 to become economically nonviable when complying 6 with State or Federal requirements for community 7 integration and reduced concentration of individuals 8 with disabilities. 9 (3) The receiving project or projects shall meet 10 or exceed applicable physical standards established 11 by the Secretary. 12 (4) The owner or mortgagor of the transferring 13 project shall notify and consult with the tenants re-14 siding in the transferring project and provide a cer-15 tification of approval by all appropriate local govern-16 mental officials. 17 (5) The tenants of the transferring project who 18 remain eligible for assistance to be provided by the 19 receiving project or projects shall not be required to 20 vacate their units in the transferring project or 21 projects until new units in the receiving project are 22 available for occupancy. 23 (6) The Secretary determines that this transfer 24 is in the best interest of the tenants. 25 191 •S 2437 RS (7) If either the transferring project or the re-1 ceiving project or projects meets the condition speci-2 fied in subsection (d)(2)(A), any lien on the receiv-3 ing project resulting from additional financing ob-4 tained by the owner shall be subordinate to any 5 FHA-insured mortgage lien transferred to, or placed 6 on, such project by the Secretary, except that the 7 Secretary may waive this requirement upon deter-8 mination that such a waiver is necessary to facilitate 9 the financing of acquisition, construction, and/or re-10 habilitation of the receiving project or projects. 11 (8) If the transferring project meets the re-12 quirements of subsection (d)(2), the owner or mort-13 gagor of the receiving project or projects shall exe-14 cute and record either a continuation of the existing 15 use agreement or a new use agreement for the 16 project where, in either case, any use restrictions in 17 such agreement are of no lesser duration than the 18 existing use restrictions. 19 (9) The transfer does not increase the cost (as 20 defined in section 502 of the Congressional Budget 21 Act of 1974 (2 U.S.C. 661a)) of any FHA-insured 22 mortgage, except to the extent that appropriations 23 are provided in advance for the amount of any such 24 increased cost. 25 192 •S 2437 RS (d) For purposes of this section— 1 (1) the terms ‘‘low-income’’ and ‘‘very low-in-2 come’’ shall have the meanings provided by the stat-3 ute and/or regulations governing the program under 4 which the project is insured or assisted; 5 (2) the term ‘‘multifamily housing project’’ 6 means housing that meets one of the following con-7 ditions— 8 (A) housing that is subject to a mortgage 9 insured under the National Housing Act; 10 (B) housing that has project-based assist-11 ance attached to the structure including 12 projects undergoing mark to market debt re-13 structuring under the Multifamily Assisted 14 Housing Reform and Affordability Housing Act; 15 (C) housing that is assisted under section 16 202 of the Housing Act of 1959 (12 U.S.C. 17 1701q); 18 (D) housing that is assisted under section 19 202 of the Housing Act of 1959 (12 U.S.C. 20 1701q), as such section existed before the en-21 actment of the Cranston-Gonzales National Af-22 fordable Housing Act; 23 193 •S 2437 RS (E) housing that is assisted under section 1 811 of the Cranston-Gonzales National Afford-2 able Housing Act (42 U.S.C. 8013); or 3 (F) housing or vacant land that is subject 4 to a use agreement; 5 (3) the term ‘‘project-based assistance’’ 6 means— 7 (A) assistance provided under section 8(b) 8 of the United States Housing Act of 1937 (42 9 U.S.C. 1437f(b)); 10 (B) assistance for housing constructed or 11 substantially rehabilitated pursuant to assist-12 ance provided under section 8(b)(2) of such Act 13 (as such section existed immediately before Oc-14 tober 1, 1983); 15 (C) rent supplement payments under sec-16 tion 101 of the Housing and Urban Develop-17 ment Act of 1965 (12 U.S.C. 1701s); 18 (D) interest reduction payments under sec-19 tion 236 and/or additional assistance payments 20 under section 236(f)(2) of the National Hous-21 ing Act (12 U.S.C. 1715z–1); 22 (E) assistance payments made under sec-23 tion 202(c)(2) of the Housing Act of 1959 (12 24 U.S.C. 1701q(c)(2)); and 25 194 •S 2437 RS (F) assistance payments made under sec-1 tion 811(d)(2) of the Cranston-Gonzalez Na-2 tional Affordable Housing Act (42 U.S.C. 3 8013(d)(2)); 4 (4) the term ‘‘receiving project or projects’’ 5 means the multifamily housing project or projects to 6 which some or all of the project-based assistance, 7 debt, and statutorily required low-income and very 8 low-income use restrictions are to be transferred; 9 (5) the term ‘‘transferring project’’ means the 10 multifamily housing project which is transferring 11 some or all of the project-based assistance, debt, and 12 the statutorily required low-income and very low-in-13 come use restrictions to the receiving project or 14 projects; and 15 (6) the term ‘‘Secretary’’ means the Secretary 16 of Housing and Urban Development. 17 (e) R ESEARCHREPORT.—The Secretary shall con-18 duct an evaluation of the transfer authority under this sec-19 tion, including the effect of such transfers on the oper-20 ational efficiency, contract rents, physical and financial 21 conditions, and long-term preservation of the affected 22 properties. 23 195 •S 2437 RS SEC. 210. (a) No assistance shall be provided under 1 section 8 of the United States Housing Act of 1937 (42 2 U.S.C. 1437f) to any individual who— 3 (1) is enrolled as a student at an institution of 4 higher education (as defined under section 102 of 5 the Higher Education Act of 1965 (20 U.S.C. 6 1002)); 7 (2) is under 24 years of age; 8 (3) is not a veteran; 9 (4) is unmarried; 10 (5) does not have a dependent child; 11 (6) is not a person with disabilities, as such 12 term is defined in section 3(b)(3)(E) of the United 13 States Housing Act of 1937 (42 U.S.C. 14 1437a(b)(3)(E)) and was not receiving assistance 15 under such section 8 as of November 30, 2005; 16 (7) is not a youth who left foster care at age 17 14 or older and is at risk of becoming homeless; and 18 (8) is not otherwise individually eligible, or has 19 parents who, individually or jointly, are not eligible, 20 to receive assistance under section 8 of the United 21 States Housing Act of 1937 (42 U.S.C. 1437f). 22 (b) For purposes of determining the eligibility of a 23 person to receive assistance under section 8 of the United 24 States Housing Act of 1937 (42 U.S.C. 1437f), any finan-25 196 •S 2437 RS cial assistance (in excess of amounts received for tuition 1 and any other required fees and charges) that an indi-2 vidual receives under the Higher Education Act of 1965 3 (20 U.S.C. 1001 et seq.), from private sources, or from 4 an institution of higher education (as defined under sec-5 tion 102 of the Higher Education Act of 1965 (20 U.S.C. 6 1002)), shall be considered income to that individual, ex-7 cept for a person over the age of 23 with dependent chil-8 dren. 9 S EC. 211. The funds made available for Native Alas-10 kans under paragraph (1) under the heading ‘‘Native 11 American Programs’’ in title II of this Act shall be allo-12 cated to the same Native Alaskan housing block grant re-13 cipients that received funds in fiscal year 2005, and only 14 such recipients shall be eligible to apply for funds made 15 available under paragraph (2) of such heading. 16 S EC. 212. Notwithstanding any other provision of 17 law, in fiscal year 2024, in managing and disposing of any 18 multifamily property that is owned or has a mortgage held 19 by the Secretary of Housing and Urban Development, and 20 during the process of foreclosure on any property with a 21 contract for rental assistance payments under section 8 22 of the United States Housing Act of 1937 (42 U.S.C. 23 1437f) or any other Federal programs, the Secretary shall 24 maintain any rental assistance payments under section 8 25 197 •S 2437 RS of the United States Housing Act of 1937 and other pro-1 grams that are attached to any dwelling units in the prop-2 erty. To the extent the Secretary determines, in consulta-3 tion with the tenants and the local government that such 4 a multifamily property owned or having a mortgage held 5 by the Secretary is not feasible for continued rental assist-6 ance payments under such section 8 or other programs, 7 based on consideration of (1) the costs of rehabilitating 8 and operating the property and all available Federal, 9 State, and local resources, including rent adjustments 10 under section 524 of the Multifamily Assisted Housing 11 Reform and Affordability Act of 1997 (in this section 12 ‘‘MAHRAA’’) (42 U.S.C. 1437f note), and (2) environ-13 mental conditions that cannot be remedied in a cost-effec-14 tive fashion, the Secretary may, in consultation with the 15 tenants of that property, contract for project-based rental 16 assistance payments with an owner or owners of other ex-17 isting housing properties, or provide other rental assist-18 ance. The Secretary shall also take appropriate steps to 19 ensure that project-based contracts remain in effect prior 20 to foreclosure, subject to the exercise of contractual abate-21 ment remedies to assist relocation of tenants for imminent 22 major threats to health and safety after written notice to 23 and informed consent of the affected tenants and use of 24 other available remedies, such as partial abatements or re-25 198 •S 2437 RS ceivership. After disposition of any multifamily property 1 described in this section, the contract and allowable rent 2 levels on such properties shall be subject to the require-3 ments under section 524 of MAHRAA. 4 S EC. 213. Public housing agencies that own and oper-5 ate 400 or fewer public housing units may elect to be ex-6 empt from any asset management requirement imposed by 7 the Secretary in connection with the operating fund rule: 8 Provided, That an agency seeking a discontinuance of a 9 reduction of subsidy under the operating fund formula 10 shall not be exempt from asset management requirements. 11 S EC. 214. With respect to the use of amounts pro-12 vided in this Act and in future Acts for the operation, cap-13 ital improvement, and management of public housing as 14 authorized by sections 9(d) and 9(e) of the United States 15 Housing Act of 1937 (42 U.S.C. 1437g(d), (e)), the Sec-16 retary shall not impose any requirement or guideline relat-17 ing to asset management that restricts or limits in any 18 way the use of capital funds for central office costs pursu-19 ant to paragraph (1) or (2) of section 9(g) of the United 20 States Housing Act of 1937 (42 U.S.C. 1437g(g)(1), (2)): 21 Provided, That a public housing agency may not use cap-22 ital funds authorized under section 9(d) for activities that 23 are eligible under section 9(e) for assistance with amounts 24 199 •S 2437 RS from the operating fund in excess of the amounts per-1 mitted under paragraph (1) or (2) of section 9(g). 2 S EC. 215. No official or employee of the Department 3 of Housing and Urban Development shall be designated 4 as an allotment holder unless the Office of the Chief Fi-5 nancial Officer has determined that such allotment holder 6 has implemented an adequate system of funds control and 7 has received training in funds control procedures and di-8 rectives. The Chief Financial Officer shall ensure that 9 there is a trained allotment holder for each HUD appro-10 priation under the accounts ‘‘Executive Offices’’, ‘‘Admin-11 istrative Support Offices’’, ‘‘Program Offices’’, ‘‘Govern-12 ment National Mortgage Association—Guarantees of 13 Mortgage-Backed Securities Loan Guarantee Program 14 Account’’, and ‘‘Office of Inspector General’’ within the 15 Department of Housing and Urban Development. 16 S EC. 216. The Secretary shall, for fiscal year 2024, 17 notify the public through the Federal Register and other 18 means, as determined appropriate, of the issuance of a no-19 tice of the availability of assistance or notice of funding 20 opportunity (NOFO) for any program or discretionary 21 fund administered by the Secretary that is to be competi-22 tively awarded. Notwithstanding any other provision of 23 law, for fiscal year 2024, the Secretary may make the 24 NOFO available only on the Internet at the appropriate 25 200 •S 2437 RS Government website or through other electronic media, as 1 determined by the Secretary. 2 S EC. 217. Payment of attorney fees in program-re-3 lated litigation shall be paid from the individual program 4 office and Office of General Counsel salaries and expenses 5 appropriations. 6 S EC. 218. The Secretary is authorized to transfer up 7 to 10 percent or $5,000,000, whichever is less, of funds 8 appropriated for any office under the headings ‘‘Adminis-9 trative Support Offices’’ or ‘‘Program Offices’’ to any 10 other such office under such headings: Provided, That no 11 appropriation for any such office under such headings 12 shall be increased or decreased by more than 10 percent 13 or $5,000,000, whichever is less, without prior written ap-14 proval of the House and Senate Committees on Appropria-15 tions: Provided further, That the Secretary shall provide 16 notification to such Committees 3 business days in ad-17 vance of any such transfers under this section up to 10 18 percent or $5,000,000, whichever is less. 19 S EC. 219. (a) Any entity receiving housing assistance 20 payments shall maintain decent, safe, and sanitary condi-21 tions, as determined by the Secretary, and comply with 22 any standards under applicable State or local laws, rules, 23 ordinances, or regulations relating to the physical condi-24 201 •S 2437 RS tion of any property covered under a housing assistance 1 payment contract. 2 (b) The Secretary shall take action under subsection 3 (c) when a multifamily housing project with a contract 4 under section 8 of the United States Housing Act of 1937 5 (42 U.S.C. 1437f) or a contract for similar project-based 6 assistance— 7 (1) receives a failing score under the Uniform 8 Physical Condition Standards (UPCS) or successor 9 standard; or 10 (2) fails to certify in writing to the Secretary 11 within 3 days that all Exigent Health and Safety de-12 ficiencies, or those deficiencies requiring correction 13 within 24 hours, identified by the inspector at the 14 project have been corrected. 15 Such requirements shall apply to insured and non-16 insured projects with assistance attached to the units 17 under section 8 of the United States Housing Act of 1937 18 (42 U.S.C. 1437f), but shall not apply to such units as-19 sisted under section 8(o)(13) of such Act (42 U.S.C. 20 1437f(o)(13)) or to public housing units assisted with cap-21 ital or operating funds under section 9 of the United 22 States Housing Act of 1937 (42 U.S.C. 1437g). 23 (c)(1) Within 15 days of the issuance of the Real Es-24 tate Assessment Center (‘‘REAC’’) inspection, the Sec-25 202 •S 2437 RS retary shall provide the owner with a Notice of Default 1 with a specified timetable, determined by the Secretary, 2 for correcting all deficiencies. The Secretary shall provide 3 a copy of the Notice of Default to the tenants, the local 4 government, any mortgagees, and any contract adminis-5 trator. If the owner’s appeal results in a passing score, 6 the Secretary may withdraw the Notice of Default. 7 (2) At the end of the time period for correcting all 8 deficiencies specified in the Notice of Default, if the owner 9 fails to fully correct such deficiencies, the Secretary may— 10 (A) require immediate replacement of project 11 management with a management agent approved by 12 the Secretary; 13 (B) impose civil money penalties, which shall be 14 used solely for the purpose of supporting safe and 15 sanitary conditions at applicable properties, as des-16 ignated by the Secretary, with priority given to the 17 tenants of the property affected by the penalty; 18 (C) abate the section 8 contract, including par-19 tial abatement, as determined by the Secretary, until 20 all deficiencies have been corrected; 21 (D) pursue transfer of the project to an owner, 22 approved by the Secretary under established proce-23 dures, who will be obligated to promptly make all re-24 203 •S 2437 RS quired repairs and to accept renewal of the assist-1 ance contract if such renewal is offered; 2 (E) transfer the existing section 8 contract to 3 another project or projects and owner or owners; 4 (F) pursue exclusionary sanctions, including 5 suspensions or debarments from Federal programs; 6 (G) seek judicial appointment of a receiver to 7 manage the property and cure all project deficiencies 8 or seek a judicial order of specific performance re-9 quiring the owner to cure all project deficiencies; 10 (H) work with the owner, lender, or other re-11 lated party to stabilize the property in an attempt 12 to preserve the property through compliance, trans-13 fer of ownership, or an infusion of capital provided 14 by a third-party that requires time to effectuate; or 15 (I) take any other regulatory or contractual 16 remedies available as deemed necessary and appro-17 priate by the Secretary. 18 (d) The Secretary shall take appropriate steps to en-19 sure that project-based contracts remain in effect, subject 20 to the exercise of contractual abatement remedies to assist 21 relocation of tenants for major threats to health and safety 22 after written notice to the affected tenants. To the extent 23 the Secretary determines, in consultation with the tenants 24 and the local government, that the property is not feasible 25 204 •S 2437 RS for continued rental assistance payments under such sec-1 tion 8 or other programs, based on consideration of— 2 (1) the costs of rehabilitating and operating the 3 property and all available Federal, State, and local 4 resources, including rent adjustments under section 5 524 of the Multifamily Assisted Housing Reform 6 and Affordability Act of 1997 (‘‘MAHRAA’’); and 7 (2) environmental conditions that cannot be 8 remedied in a cost-effective fashion, the Secretary 9 may contract for project-based rental assistance pay-10 ments with an owner or owners of other existing 11 housing properties, or provide other rental assist-12 ance. 13 (e) The Secretary shall report semi-annually on all 14 properties covered by this section that are assessed 15 through the Real Estate Assessment Center and have fail-16 ing physical inspection scores or have received an unsatis-17 factory management and occupancy review within the past 18 36 months. The report shall include— 19 (1) identification of the enforcement actions 20 being taken to address such conditions, including 21 imposition of civil money penalties and termination 22 of subsidies, and identification of properties that 23 have such conditions multiple times; 24 205 •S 2437 RS (2) identification of actions that the Depart-1 ment of Housing and Urban Development is taking 2 to protect tenants of such identified properties; and 3 (3) any administrative or legislative rec-4 ommendations to further improve the living condi-5 tions at properties covered under a housing assist-6 ance payment contract. 7 The first report shall be submitted to the Senate and 8 House Committees on Appropriations not later than 30 9 days after the enactment of this Act, and the second re-10 port shall be submitted within 180 days of the transmittal 11 of the first report. 12 S EC. 220. None of the funds made available by this 13 Act, or any other Act, for purposes authorized under sec-14 tion 8 (only with respect to the tenant-based rental assist-15 ance program) and section 9 of the United States Housing 16 Act of 1937 (42 U.S.C. 1437 et seq.), may be used by 17 any public housing agency for any amount of salary, in-18 cluding bonuses, for the chief executive officer of which, 19 or any other official or employee of which, that exceeds 20 the annual rate of basic pay payable for a position at level 21 IV of the Executive Schedule at any time during any pub-22 lic housing agency fiscal year 2024. 23 S EC. 221. None of the funds made available by this 24 Act and provided to the Department of Housing and 25 206 •S 2437 RS Urban Development may be used to make a grant award 1 unless the Secretary notifies the House and Senate Com-2 mittees on Appropriations not less than 3 full business 3 days before any project, State, locality, housing authority, 4 Tribe, nonprofit organization, or other entity selected to 5 receive a grant award is announced by the Department 6 or its offices: Provided, That such notification shall list 7 each grant award by State and congressional district. 8 S EC. 222. None of the funds made available in this 9 Act shall be used by the Federal Housing Administration, 10 the Government National Mortgage Association, or the 11 Department of Housing and Urban Development to in-12 sure, securitize, or establish a Federal guarantee of any 13 mortgage or mortgage backed security that refinances or 14 otherwise replaces a mortgage that has been subject to 15 eminent domain condemnation or seizure, by a State, mu-16 nicipality, or any other political subdivision of a State. 17 S EC. 223. None of the funds made available by this 18 Act may be used to terminate the status of a unit of gen-19 eral local government as a metropolitan city (as defined 20 in section 102 of the Housing and Community Develop-21 ment Act of 1974 (42 U.S.C. 5302)) with respect to 22 grants under section 106 of such Act (42 U.S.C. 5306). 23 S EC. 224. Amounts made available by this Act that 24 are appropriated, allocated, advanced on a reimbursable 25 207 •S 2437 RS basis, or transferred to the Office of Policy Development 1 and Research of the Department of Housing and Urban 2 Development and functions thereof, for research, evalua-3 tion, or statistical purposes, and that are unexpended at 4 the time of completion of a contract, grant, or cooperative 5 agreement, may be deobligated and shall immediately be-6 come available and may be reobligated in that fiscal year 7 or the subsequent fiscal year for the research, evaluation, 8 or statistical purposes for which the amounts are made 9 available to that Office subject to reprogramming require-10 ments in section 405 of this Act. 11 S EC. 225. None of the funds provided in this Act or 12 any other Act may be used for awards, including perform-13 ance, special act, or spot, for any employee of the Depart-14 ment of Housing and Urban Development subject to ad-15 ministrative discipline (including suspension from work), 16 in this fiscal year, but this prohibition shall not be effec-17 tive prior to the effective date of any such administrative 18 discipline or after any final decision over-turning such dis-19 cipline. 20 S EC. 226. With respect to grant amounts awarded 21 under the heading ‘‘Homeless Assistance Grants’’ for fis-22 cal years 2015 through 2024 for the Continuum of Care 23 (CoC) program as authorized under subtitle C of title IV 24 of the McKinney-Vento Homeless Assistance Act, costs 25 208 •S 2437 RS paid by program income of grant recipients may count to-1 ward meeting the recipient’s matching requirements, pro-2 vided the costs are eligible CoC costs that supplement the 3 recipient’s CoC program. 4 S EC. 227. (a) From amounts made available under 5 this title under the heading ‘‘Homeless Assistance 6 Grants’’, the Secretary may award 1-year transition 7 grants to recipients of funds for activities under subtitle 8 C of the McKinney-Vento Homeless Assistance Act (42 9 U.S.C. 11381 et seq.) to transition from one Continuum 10 of Care program component to another. 11 (b) In order to be eligible to receive a transition 12 grant, the funding recipient must have the consent of the 13 continuum of care and meet standards determined by the 14 Secretary. 15 S EC. 228. The Promise Zone designations and Prom-16 ise Zone Designation Agreements entered into pursuant 17 to such designations, made by the Secretary in prior fiscal 18 years, shall remain in effect in accordance with the terms 19 and conditions of such agreements. 20 S EC. 229. None of the amounts made available in this 21 Act may be used to consider Family Self-Sufficiency per-22 formance measures or performance scores in determining 23 funding awards for programs receiving Family Self-Suffi-24 ciency program coordinator funding provided in this Act. 25 209 •S 2437 RS SEC. 230. Any public housing agency designated as 1 a Moving to Work agency pursuant to section 239 of divi-2 sion L of Public Law 114–113 (42 U.S.C. 1437f note; 3 129 Stat. 2897) may, upon such designation, use funds 4 (except for special purpose funding, including special pur-5 pose vouchers) previously allocated to any such public 6 housing agency under section 8 or 9 of the United States 7 Housing Act of 1937, including any reserve funds held by 8 the public housing agency or funds held by the Depart-9 ment of Housing and Urban Development, pursuant to the 10 authority for use of section 8 or 9 funding provided under 11 such section and section 204 of title II of the Departments 12 of Veterans Affairs and Housing and Urban Development 13 and Independent Agencies Appropriations Act, 1996 14 (Public Law 104–134; 110 Stat. 1321–28), notwith-15 standing the purposes for which such funds were appro-16 priated. 17 S EC. 231. None of the amounts made available by 18 this Act may be used to prohibit any public housing agen-19 cy under receivership or the direction of a Federal monitor 20 from applying for, receiving, or using funds made available 21 under the heading ‘‘Public Housing Fund’’ for competitive 22 grants to evaluate and reduce lead-based paint hazards in 23 this Act or that remain available and not awarded from 24 prior Acts, or be used to prohibit a public housing agency 25 210 •S 2437 RS from using such funds to carry out any required work pur-1 suant to a settlement agreement, consent decree, vol-2 untary agreement, or similar document for a violation of 3 the Lead Safe Housing or Lead Disclosure Rules. 4 S EC. 232. (a) Funds previously made available in the 5 Consolidated Appropriations Act, 2017 (Public Law 115– 6 31) for the ‘‘Choice Neighborhoods Initiative’’ that were 7 available for obligation through fiscal year 2019 are to re-8 main available through fiscal year 2025 for the liquidation 9 of valid obligations incurred in fiscal years 2017 through 10 2019. 11 (b) Funds previously made available in the Consoli-12 dated Appropriations Act, 2018 (Public Law 115–141) for 13 the ‘‘Choice Neighborhoods Initiative’’ that were available 14 for obligation through fiscal year 2020 are to remain avail-15 able through fiscal year 2026 for the liquidation of valid 16 obligations incurred in fiscal years 2018 through 2020. 17 (c) Funds previously made available in the Consoli-18 dated Appropriations Act, 2019 (Public Law 116–6) for 19 the ‘‘Choice Neighborhoods Initiative’’ that were available 20 for obligation through fiscal year 2021 are to remain avail-21 able through fiscal year 2027 for the liquidation of valid 22 obligations incurred in fiscal years 2019 through 2021. 23 (d) Funds previously made available in the Further 24 Consolidated Appropriations Act, 2020 (Public Law 116– 25 211 •S 2437 RS 94) for the ‘‘Choice Neighborhoods Initiative’’ that were 1 available for obligation through fiscal year 2022 are to re-2 main available through fiscal year 2028 for the liquidation 3 of valid obligations incurred in fiscal years 2020 through 4 2022. 5 (e) Funds previously made available in the Consoli-6 dated Appropriations Act, 2021 (Public Law 116–260) for 7 the ‘‘Choice Neighborhoods Initiative’’ that were available 8 for obligation through fiscal year 2023 are to remain avail-9 able through fiscal year 2029 for the liquidation of valid 10 obligations incurred in fiscal years 2021 through 2023. 11 S EC. 233. None of the funds made available by this 12 Act may be used by the Department of Housing and 13 Urban Development to direct a grantee to undertake spe-14 cific changes to existing zoning laws as part of carrying 15 out the final rule entitled ‘‘Affirmatively Furthering Fair 16 Housing’’ (80 Fed. Reg. 42272 (July 16, 2015)) or the 17 notice entitled ‘‘Affirmatively Furthering Fair Housing 18 Assessment Tool’’ (79 Fed. Reg. 57949 (September 26, 19 2014)). 20 S EC. 234. For fiscal year 2024, if the Secretary de-21 termines or has determined, for any prior formula grant 22 allocation administered by the Secretary through the Of-23 fices of Public and Indian Housing, Community Planning 24 and Development, or Housing, that a recipient received 25 212 •S 2437 RS an allocation greater than the amount such recipient 1 should have received for a formula allocation cycle pursu-2 ant to applicable statutes and regulations, the Secretary 3 may adjust for any such funding error in the next applica-4 ble formula allocation cycle by (a) offsetting each such re-5 cipient’s formula allocation (if eligible for a formula alloca-6 tion in the next applicable formula allocation cycle) by the 7 amount of any such funding error, and (b) reallocating 8 any available balances that are attributable to the offset 9 to the recipient or recipients that would have been allo-10 cated additional funds in the formula allocation cycle in 11 which any such error occurred (if such recipient or recipi-12 ents are eligible for a formula allocation in the next appli-13 cable formula allocation cycle) in an amount proportionate 14 to such recipient’s eligibility under the next applicable for-15 mula allocation cycle: Provided, That all offsets and re-16 allocations from such available balances shall be recorded 17 against funds available for the next applicable formula al-18 location cycle: Provided further, That the term ‘‘next appli-19 cable formula allocation cycle’’ means the first formula al-20 location cycle for a program that is reasonably available 21 for correction following such a Secretarial determination: 22 Provided further, That if, upon request by a recipient and 23 giving consideration to all Federal resources available to 24 the recipient for the same grant purposes, the Secretary 25 213 •S 2437 RS determines that the offset in the next applicable formula 1 allocation cycle would critically impair the recipient’s abil-2 ity to accomplish the purpose of the formula grant, the 3 Secretary may adjust for the funding error across two or 4 more formula allocation cycles. 5 S EC. 235. The Secretary may transfer from amounts 6 made available for salaries and expenses under this title 7 (excluding amounts made available under the heading 8 ‘‘Office of Inspector General’’) up to $500,000 from each 9 office to the heading ‘‘Information Technology Fund’’ for 10 information technology needs, including for additional de-11 velopment, modernization, and enhancement, to remain 12 available until September 30, 2025: Provided, That the 13 total amount of such transfers shall not exceed 14 $5,000,000: Provided further, That this transfer authority 15 shall not be used to fund information technology projects 16 or activities that have known out-year development, mod-17 ernization, or enhancement costs in excess of $500,000: 18 Provided further, That the Secretary shall provide notifica-19 tion to the House and Senate Committees on Appropria-20 tions no fewer than three business days in advance of any 21 such transfer. 22 S EC. 236. (a) Funds previously made available in the 23 Consolidated Appropriations Act, 2017 (Public Law 115– 24 31) for ‘‘Lead Hazard Reduction’’ that were available for 25 214 •S 2437 RS obligation through fiscal year 2018 are to remain available 1 through fiscal year 2025 for the liquidation of valid obliga-2 tions incurred in fiscal years 2017 through 2018. 3 (b) Funds previously made available in the Consoli-4 dated Appropriations Act, 2018 (Public Law 115–141) for 5 ‘‘Lead Hazard Reduction’’ that were available for obliga-6 tion through fiscal year 2019 are to remain available 7 through fiscal year 2026 for the liquidation of valid obliga-8 tions incurred in fiscal years 2018 through 2019. 9 S EC. 237. The Secretary shall comply with all process 10 requirements, including public notice and comment, when 11 seeking to revise any annual contributions contract. 12 S EC. 238. (a) Of the unobligated balances remaining 13 from amounts made available under the heading ‘‘Lead 14 Hazard Reduction’’ in title II of division L of the Consoli-15 dated Appropriations Act, 2022 (Public Law 117–103), 16 $65,000,000 is hereby rescinded, which shall be applied 17 to the funds remaining available for activities under para-18 graph (1) under such heading (excluding amounts for 19 areas with the highest lead-based paint abatement needs). 20 (b) Of the unobligated balances remaining from 21 amounts made available under the heading ‘‘Lead Hazard 22 Reduction’’ in title II of division L of the Consolidated 23 Appropriations Act, 2022 (Public Law 117–103) and in 24 title II of division L of the Consolidated Appropriations 25 215 •S 2437 RS Act, 2023 (Public Law 117–328), $49,400,000 is hereby 1 rescinded, which shall be applied to the funds remaining 2 available for activities under paragraph (5) under such 3 headings. 4 (c) Of the unobligated balances remaining from 5 amounts made available under the heading ‘‘Public Hous-6 ing Fund’’ in title II of division L of the Consolidated Ap-7 propriations Act, 2023 (Public Law 117–328), 8 $20,000,000 is hereby rescinded, which shall be applied 9 to the funds remaining available for activities under para-10 graph (7) under such heading. 11 (d) Any unobligated balances (including any unobli-12 gated balances of contract authority) as of the date of en-13 actment of this Act included under Treasury Appropria-14 tion Fund Symbols 86 X 0129, 86 X 0148, 86 X 0197, 15 86 X 0314, 86 X 0315, 86 X 0324, 86 X 0402, 86 X 16 4058 and 86 X 8093 are hereby rescinded. 17 S EC. 239. The language under the heading ‘‘Rental 18 Assistance Demonstration’’ in the Department of Housing 19 and Urban Development Appropriations Act, 2012 (title 20 II of division C of Public Law 112–55), as most recently 21 amended by Public Law 117–103, is further amended— 22 (1) in the initial undesignated matter, by strik-23 ing ‘‘and ‘Public Housing Operating Fund’’’ and in-24 216 •S 2437 RS serting ‘‘, ‘Public Housing Operating Fund’, and 1 ‘Public Housing Fund’’’; 2 (2) in the second proviso, by striking ‘‘2024’’ 3 and inserting ‘‘2030’’; 4 (3) by striking the fourth proviso, and inserting 5 the following new provisos: ‘‘Provided further, That 6 at properties with assistance under section 9 of the 7 Act requesting to partially convert such assistance, 8 and where an event under section 18 of the Act oc-9 curs that results in the eligibility for tenant protec-10 tion vouchers under section 8(o) of the Act, the Sec-11 retary may convert the tenant protection voucher as-12 sistance to assistance under a project-based subsidy 13 contract under section 8 of the Act, which shall be 14 eligible for renewal under section 524 of the Multi-15 family Assisted Housing Reform and Affordability 16 Act of 1997, or assistance under section 8(o)(13) of 17 the Act, so long as the property meets any addi-18 tional requirements established by the Secretary to 19 facilitate conversion: Provided further, That to facili-20 tate the conversion of assistance under the previous 21 proviso, the Secretary may transfer an amount equal 22 to the total amount that would have been allocated 23 for tenant protection voucher assistance for prop-24 erties that have requested such conversions from 25 217 •S 2437 RS amounts made available for tenant protection vouch-1 er assistance under the heading ‘Tenant-Based 2 Rental Assistance’ to the heading ‘Project-Based 3 Rental Assistance’: Provided further, That at prop-4 erties with assistance previously converted hereunder 5 to assistance under the heading ‘Project Based 6 Rental Assistance,’ which are also separately as-7 sisted under section 8(o)(13) of the Act, the Sec-8 retary may, with the consent of the public housing 9 agency and owner, terminate such project-based sub-10 sidy contracts and immediately enter into one new 11 project-based subsidy contract under section 8 of the 12 Act, which shall be eligible for renewal under section 13 524 of the Multifamily Assisted Housing Reform 14 and Affordability Act of 1997, subject to the re-15 quirement that any residents assisted under section 16 8(o)(13) of the Act at the time of such termination 17 of such project-based subsidy contract shall retain 18 all rights accrued under section 8(o)(13)(E) of the 19 Act under the new project-based subsidy contract 20 and section 8(o)(13)(F)(iv) of the Act shall not 21 apply: Provided further, That to carry out the pre-22 vious proviso, the Secretary may transfer from the 23 heading ‘Tenant-Based Rental Assistance’ to the 24 heading ‘Project-Based Rental Assistance’ an 25 218 •S 2437 RS amount equal to the amounts associated with such 1 terminating contract under section 8(o)(13) of the 2 Act:’’; 3 (4) in the thirteenth proviso, as reordered 4 above, by— 5 (A) inserting ‘‘‘Public Housing Fund’, 6 ‘Self-Sufficiency Programs’, ‘Family Self-Suffi-7 ciency’’’ following ‘‘‘Public Housing Operating 8 Fund’,’’; and 9 (B) inserting ‘‘or the ongoing availability 10 of services for residents’’ after ‘‘effective con-11 version of assistance under the demonstration’’; 12 (5) after the twenty-third proviso, as reordered 13 above, by inserting the following proviso: ‘‘Provided 14 further, That owners of properties with a senior 15 preservation rental assistance contract under section 16 811 of the American Homeownership and Economic 17 Opportunity Act of 2000 (12 U.S.C. 1701q note), 18 shall be eligible, subject to requirements established 19 by the Secretary as necessary to facilitate the con-20 version of assistance while maintaining the afford-21 ability period and the designation of the property as 22 serving elderly families, and tenant consultation pro-23 cedures, for conversion of assistance available for 24 such assistance contracts to assistance under a long- 25 219 •S 2437 RS term project-based subsidy contract under section 8 1 of the Act:’’; 2 (6) in the twenty-eighth proviso, as reordered 3 above, by inserting ‘‘, section 811 of the American 4 Homeownership and Economic Opportunity Act of 5 2000,’’ after ‘‘Housing Act of 1959’’; and 6 (7) in the thirty-third proviso, as reordered 7 above, by striking ‘‘any section 202 project rental 8 assistance contract or section 811 project rental as-9 sistance contract conversions’’ and inserting ‘‘the 10 conversion of assistance from section 202(c)(2) of 11 the Housing Act of 1959, section 811 of the Amer-12 ican Homeownership and Economic Opportunity Act 13 of 2000, or section 811(d)(2) of the Cranston-Gon-14 zalez National Affordable Housing Act’’. 15 S EC. 240. There is hereby established in the Treasury 16 of the United States a fund to be known as the ‘‘Depart-17 ment of Housing and Urban Development Nonrecurring 18 Expenses Fund’’ (the Fund): Provided, That unobligated 19 balances of expired discretionary funds appropriated for 20 this or any succeeding fiscal year from the General Fund 21 of the Treasury to the Department of Housing and Urban 22 Development by this or any other Act may be transferred 23 (not later than the end of the fifth fiscal year after the 24 last fiscal year for which such funds are available for the 25 220 •S 2437 RS purposes for which they were appropriated) into the Fund: 1 Provided further, That amounts deposited in the Fund 2 shall be available until expended, in addition to such other 3 funds as may be available for such purposes, for capital 4 needs of the Department, including facilities infrastruc-5 ture and information technology infrastructure, subject to 6 approval by the Office of Management and Budget: Pro-7 vided further, That amounts in the Fund may be obligated 8 only after the House and Senate Committees on Appro-9 priations are notified at least 15 days in advance of the 10 planned use of funds. 11 S EC. 241. Amounts made available for the Office of 12 Housing under the heading ‘‘Program Offices’’ in this and 13 prior Acts shall also be available, without additional com-14 petition, for cooperative agreements with Participating 15 Administrative Entities that have been selected under sec-16 tion 513(b) of the Multifamily Assisted Housing Reform 17 and Affordability Act of 1997 (42 U.S.C. 1437f note) 18 (MAHRAA) to provide direct support, including carrying 19 out due diligence and underwriting functions for owners 20 and for technical assistance activities, on conditions estab-21 lished by the Secretary for small properties and owners 22 converting assistance under the First Component or the 23 Second Component under the heading ‘‘Rental Assistance 24 Demonstration’’ in the Department of Housing and Urban 25 221 •S 2437 RS Development Appropriations Act, 2012 (title II of division 1 C of Public Law 112–55). 2 S EC. 242. Of the amounts made available for the Of-3 fice of Policy Development and Research under the head-4 ing ‘‘Program Offices’’, up to $3,500,000, to remain avail-5 able until September 30, 2026, may be transferred to the 6 heading ‘‘Information Technology Fund’’ to be available 7 for the needs of the Chief Data Officer, in addition to 8 amounts otherwise available, including for additional de-9 velopment, modernization, and enhancement: Provided, 10 That the Secretary shall notify the House and Senate 11 Committees on Appropriations no fewer than three busi-12 ness days in advance of any such transfer. 13 S EC. 243. For fiscal year 2024, the costs of any rent 14 incentives as authorized pursuant to waivers or alternative 15 requirements of the Jobs-Plus initiative as described 16 under the heading ‘‘Self-Sufficiency Programs’’ shall not 17 be charged against the competitive grant amounts made 18 available under such heading: Provided, That the amount 19 of any forgone increases in tenant rent payments due to 20 the implementation of such rent incentives shall be 21 factored into the public housing agency’s general oper-22 ating fund eligibility pursuant to the formula under the 23 heading ‘‘Public Housing Fund’’: Provided further, That 24 the amount of any foregone increases in tenant rent pay-25 222 •S 2437 RS ments due to the implementation of such rent incentives 1 implemented on behalf of residents of a project with as-2 sistance converted from public housing to project-based 3 rental assistance under section 8 of the United States 4 Housing Act of 1937 (42 U.S.C. 1437f) or assistance 5 under section 8(o)(13) of such Act under the heading 6 ‘‘Rental Assistance Demonstration’’ in the Department of 7 Housing and Urban Development Appropriations Act, 8 2012 (title II of division C of Public Law 112–55), as 9 amended (42 U.S.C. 1437f note) shall be factored into (A) 10 housing assistance payments made pursuant to project- 11 based subsidy contracts provided under the heading 12 ‘‘Project-Based Rental Assistance’’; and (B) housing as-13 sistance payments made by public housing agencies pursu-14 ant to project-based assistance contracts under section 15 8(o)(13) of such Act, with these costs being renewed under 16 the heading ‘‘Tenant-Based Rental Assistance’’. 17 S EC. 244. (a) With respect to the funds made avail-18 able for the Continuum of Care program authorized under 19 subtitle C of title IV of the McKinney-Vento Homeless As-20 sistance Act (42 U.S.C. 11381 et seq.) under the heading 21 ‘‘Homeless Assistance Grants’’ in this and prior Acts and 22 under section 231 of the Department of Housing and 23 Urban Development Appropriations Act, 2020 (42 U.S.C. 24 11364a)— 25 223 •S 2437 RS (1) title VI of the Civil Rights Act of 1964 (42 1 U.S.C. 2000d et seq.) and title VIII of the Civil 2 Rights Act of 1968 (42 U.S.C. 3601 et seq.) shall 3 not apply to applications by or awards for projects 4 to be carried out— 5 (A) on or off reservation or trust lands for 6 awards made to Indian tribes or tribally des-7 ignated housing entities; or 8 (B) on reservation or trust lands for 9 awards made to eligible entities as defined in 10 section 401 of the McKinney-Vento Homeless 11 Assistance Act (42 U.S.C. 11360); 12 (2) Indian tribes and tribally designated hous-13 ing entities shall also be eligible to administer per-14 manent housing rental assistance under section 15 423(g) of the McKinney-Vento Homeless Assistance 16 Act (42 U.S.C. 11383(g)). 17 (b) With respect to funds made available for the Con-18 tinuum of Care program authorized under subtitle C of 19 title IV of the McKinney-Vento Homeless Assistance Act 20 (42 U.S.C. 11381 et seq.) under the heading ‘‘Homeless 21 Assistance Grants’’ in this title or under section 231 of 22 the Department of Housing and Urban Development Ap-23 propriations Act, 2020 (42 U.S.C. 11364a)— 24 224 •S 2437 RS (1) applications for projects to be carried out 1 on reservations or trust land shall contain a certifi-2 cation of consistency with an approved Indian hous-3 ing plan developed under section 102 of the Native 4 American Housing Assistance and Self-Determina-5 tion Act (NAHASDA) (25 U.S.C. 4112), notwith-6 standing section 106 of the Cranston-Gonzalez Na-7 tional Affordable Housing Act (42 U.S.C. 12706) 8 and section 403 of the McKinney-Vento Homeless 9 Assistance Act (42 U.S.C. 11361); 10 (2) Indian tribes and tribally designated hous-11 ing entities that are recipients of awards for projects 12 on reservations or trust land shall certify that they 13 are following an approved housing plan developed 14 under section 102 of NAHASDA (25 U.S.C. 4112); 15 and 16 (3) a collaborative applicant for a Continuum of 17 Care whose geographic area includes only reserva-18 tion and trust land is not required to meet the re-19 quirement in section 402(f)(2) of the McKinney- 20 Vento Homeless Assistance Act (42 U.S.C. 21 11360a(f)(2)). 22 S EC. 245. (a) Section 184(a) of the Housing and 23 Community Development Act of 1992 (12 U.S.C. 1715z– 24 13a(a)) is amended to read as follows: 25 225 •S 2437 RS ‘‘(a) AUTHORITY.—To provide access to sources of 1 private financing to Indian families, Indian housing au-2 thorities, and Indian tribes, who otherwise could not ac-3 quire housing financing because of the unique legal status 4 of Indian lands and the unique nature of tribal economies; 5 and to expand homeownership opportunities to Indian 6 families, Indian housing authorities and Indian tribes on 7 fee simple lands, the Secretary may guarantee not to ex-8 ceed 100 percent of the unpaid principal and interest due 9 on any loan eligible under subsection (b) made to an In-10 dian family, Indian housing authority, or Indian tribe on 11 trust land and fee simple land.’’. 12 (b) Section 184(b)(2) of the Housing and Community 13 Development Act of 1992 (12 U.S.C. 1715z–13a(b)(2)) is 14 amended to read as follows: 15 ‘‘(2) E LIGIBLE HOUSING.—The loan shall be 16 used to construct, acquire, refinance, or rehabilitate 17 1- to 4-family dwellings that are standard housing.’’. 18 (c) Section 184A of the Housing and Community De-19 velopment Act of 1992 (12 U.S.C. 1715z–13b) is amend-20 ed— 21 (1) in subsection (b), by inserting ‘‘, and to ex-22 pand homeownership opportunities to Native Hawai-23 ian families who are eligible to receive a homestead 24 under the Hawaiian Homes Commission Act, 1920 25 226 •S 2437 RS (42 Stat. 108) on fee simple lands in the State of 1 Hawaii’’ after ‘‘markets’’; and 2 (2) in subsection (c), by striking paragraph (2) 3 and inserting the following: 4 ‘‘(2) E LIGIBLE HOUSING.—The loan shall be 5 used to construct, acquire, refinance, or rehabilitate 6 1- to 4-family dwellings that are standard housing.’’. 7 S EC. 246. (a) Section 184(b)(5)(A) of the Housing 8 and Community Development Act of 1992 (12 U.S.C. 9 1715z–13a(b)(5)(A)) is amended to read as follows: 10 ‘‘(5) T ERMS.—The loan shall— 11 ‘‘(A) be made for a term not exceeding 30 12 years, except as determined by the Secretary, 13 when there is a loan modification under sub-14 section (h)(1)(B), the loan shall not exceed 40 15 years;’’. 16 (b) Section 184A(c)(5)(A) of the Housing and Com-17 munity Development Act of 1992 (12 U.S.C. 1715z– 18 13b(c)(5)(A)) is amended to read as follows: 19 ‘‘(5) T ERMS.—The loan shall— 20 ‘‘(A) be made for a term not exceeding 30 21 years; except, as determined by the Secretary, 22 when there is a loan modification under sub-23 section (i)(1)(B) the term of the loan shall not 24 exceed 40 years;’’. 25 227 •S 2437 RS SEC. 247. Section 105 of the Housing and Commu-1 nity Development Act of 1974 (42 U.S.C. 5305) is amend-2 ed by adding at the end the following new subsection: 3 ‘‘(j) S PECIALACTIVITIES BYINDIANTRIBES.—In-4 dian tribes receiving grants under section 5306(a)(1) of 5 this title (section 106(a)(1) of this Act) shall be authorized 6 to carry out activities described in subsection (a)(15) di-7 rectly.’’. 8 S EC. 248. Section 184A(c) of the Housing and Com-9 munity Development Act of 1992 (12 U.S.C. 1715z– 10 13b(c)) is amended by adding at the end the following new 11 paragraph: 12 ‘‘(6) P ROHIBITION ON PACE PRIMING .—Not-13 withstanding any other provision of law, no property 14 with a loan guaranteed under this section shall be 15 subject to a new residential Property Assessed Clean 16 Energy (PACE or R-PACE) loan or equivalent fi-17 nancing without the PACE loan or equivalent fi-18 nancing provider obtaining prior written consent 19 from the Secretary, subject to such terms and condi-20 tions as the Secretary may prescribe. Any new resi-21 dential PACE or R-PACE loan or equivalent financ-22 ing that is entered into by a PACE Provider absent 23 such consent shall be deemed void ab initio and the 24 PACE Provider shall bear all costs associated with 25 228 •S 2437 RS the transactions with no recourse against the bor-1 rower resulting from the PACE transaction, includ-2 ing all costs incurred by any holder of a guaranteed 3 loan or the Secretary in obtaining good and market-4 able title.’’. 5 S EC. 249. Section 184(b) of the Housing and Com-6 munity Development Act of 1992 (12 U.S.C. 1715z– 7 13a(b)) is amended by adding at the end the following 8 new paragraph: 9 ‘‘(6) P ROHIBITION ON PACE PRIMING .—Not-10 withstanding any other provision of law, no property 11 with a loan guaranteed under this section, shall be 12 subject to a new residential Property Assessed Clean 13 Energy (PACE or R-PACE) loan or equivalent fi-14 nancing without the PACE loan or equivalent fi-15 nancing provider obtaining prior written consent 16 from the Secretary, subject to such terms and condi-17 tions as the Secretary may prescribe. Any new resi-18 dential PACE or R-PACE loan or equivalent financ-19 ing that is entered into by a PACE Provider absent 20 such consent shall be deemed void ab initio and the 21 PACE Provider shall bear all costs associated with 22 the transactions with no recourse against the bor-23 rower resulting from the PACE transaction, includ-24 ing all costs incurred by any holder of a guaranteed 25 229 •S 2437 RS loan or the Secretary in obtaining good and market-1 able title.’’. 2 S EC. 250. Title V of the National Housing Act (12 3 U.S.C. 1731a et seq.) is amended by adding at the end 4 the following new section: 5 ‘‘SEC. 543. PROHIBITION ON PACE PRIMING. 6 ‘‘Notwithstanding any other provision of law, includ-7 ing section 208 of this Act, no 1 to 4 unit property with 8 a mortgage insured, guaranteed, made, or held by the Sec-9 retary after the date of enactment of this section, shall 10 be subject to a new residential Property Assessed Clean 11 Energy (PACE or R-PACE) loan or equivalent financing 12 without the PACE loan or equivalent financing provider 13 obtaining prior written consent from the Secretary, sub-14 ject to such terms and conditions as the Secretary may 15 prescribe. Any new PACE or R-PACE loan or equivalent 16 financing that is entered into by a PACE provider absent 17 such consent shall be deemed void ab initio and the PACE 18 provider shall bear all costs associated with the trans-19 actions with no recourse against the homeowner resulting 20 from the PACE transaction, including all costs incurred 21 by any holder of an insured or guaranteed mortgage or 22 the Secretary in obtaining good and marketable title.’’. 23 S EC. 251. Notwithstanding section 3(b)(6) of the 24 United States Housing Act of 1937 (the Act) and chapter 25 230 •S 2437 RS 63 of title 31, United States Code, amounts made avail-1 able to the Secretary in this or any prior Act under the 2 headings ‘‘Project-Based Rental Assistance’’ or ‘‘Housing 3 Certificate Fund’’ for performance-based contract admin-4 istrators to carry out section 8 of the Act (42 U.S.C. 5 1437f), as implemented by the Secretary in chapter VIII 6 of title 24, Code of Federal Regulations, may be awarded 7 through a Notice of Funding Opportunity (NOFO) not 8 subject to procurement laws or regulations: Provided, That 9 such awards shall be deemed for all purposes to be cooper-10 ative agreements: Provided further, That for purposes of 11 such NOFO, eligible applicants are public housing agen-12 cies as defined by section 3(b)(6)(A) of the Act and non-13 profits of such agencies when operating outside of the 14 State or territory in which such agency is established, not-15 withstanding any provisions of such section 8(b) to the 16 contrary: Provided further, That the Secretary shall award 17 one cooperative agreement for each State or territory, ex-18 cept that the Secretary may award more than one agree-19 ment for a State or territory if the population of such 20 State or territory exceeds 35,000,000: Provided further, 21 That any cooperative agreements issued by the Secretary 22 shall, at minimum, assign the rights and responsibilities 23 as provided in section 8 of the Act: Provided further, That 24 the Secretary shall assign such rights and responsibilities 25 231 •S 2437 RS to the furthest extent possible to ensure effective and effi-1 cient program oversight and monitoring: Provided further, 2 That when selecting a performance-based contract admin-3 istrator, the Secretary shall provide a preference to appli-4 cants that have demonstrated experience with properties 5 receiving project-based assistance, experience in multi-6 family housing preservation, addressing the concerns of 7 low-income tenants, making assistance payments to own-8 ers, and performing the other functions assigned to a pub-9 lic housing agency under section 8(b) of the Act: Provided 10 further, That if no qualified applicant applies under 11 NOFO, the Secretary may utilize a procurement contract 12 subject to all procurement laws and regulations to assist 13 in carrying out section 8 of the Act: Provided further, That 14 the Secretary shall provide for incentive-based fees as part 15 of such awards. 16 S EC. 252. Section 239 of division L of the Consoli-17 dated Appropriations Act, 2016 is amended by striking 18 ‘‘2028’’ and inserting ‘‘2043’’. 19 S EC. 253. For fiscal years 2024 and 2025, the Sec-20 retary may issue a 2-year notification of funding oppor-21 tunity, including any alternative procedures or require-22 ments as may be necessary to allocate future appropria-23 tions in the second year, for the award of amounts made 24 available for the Continuum of Care program under sub-25 232 •S 2437 RS title C of title IV of the McKinney-Vento Homeless Assist-1 ance Act (42 U.S.C. 11381 et seq.), notwithstanding any 2 conflict with the requirements of the Continuum of Care 3 program. 4 S EC. 254. The Secretary may, upon a finding that 5 a waiver or alternative requirement is necessary for the 6 effective delivery and administration of funds made avail-7 able for new incremental voucher assistance or renewals 8 for the Mainstream program and the family unification 9 program (including the Foster Youth to Independence 10 program) in this and prior Acts, waive or specify alter-11 native requirements, other than requirements related to 12 tenant rights and protections, rent setting, fair housing, 13 nondiscrimination, labor standards, and the environment, 14 for— 15 (1) section 8(o)(6)(A) of the United States 16 Housing Act of 1937 (42 U.S.C. 1437f(o)(6)(A)) 17 and regulatory provisions related to the administra-18 tion of waiting lists, local preferences, and the initial 19 term and extensions of tenant-based vouchers; and 20 (2) section 8(x)(2) of the United States Hous-21 ing Act of 1937 (42 U.S.C. 1437f(x)(2)) regarding 22 the timing of referral of youth leaving foster care. 23 This title may be cited as the ‘‘Department of Hous-24 ing and Urban Development Appropriations Act, 2024’’. 25 233 •S 2437 RS TITLE III 1 RELATED AGENCIES 2 A CCESSBOARD 3 SALARIES AND EXPENSES 4 For expenses necessary for the Access Board, as au-5 thorized by section 502 of the Rehabilitation Act of 1973 6 (29 U.S.C. 792), $9,955,000: Provided, That, notwith-7 standing any other provision of law, there may be credited 8 to this appropriation funds received for publications and 9 training expenses. 10 F EDERALMARITIMECOMMISSION 11 SALARIES AND EXPENSES 12 For necessary expenses of the Federal Maritime 13 Commission as authorized by section 201(d) of the Mer-14 chant Marine Act, 1936, as amended (46 U.S.C. 46107), 15 including services as authorized by section 3109 of title 16 5, United States Code; hire of passenger motor vehicles 17 as authorized by section 1343(b) of title 31, United States 18 Code; and uniforms or allowances therefore, as authorized 19 by sections 5901 and 5902 of title 5, United States Code, 20 $43,720,000, of which $2,000,000 shall remain available 21 until September 30, 2025: Provided, That not to exceed 22 $3,500 shall be for official reception and representation 23 expenses. 24 234 •S 2437 RS NATIONALRAILROADPASSENGERCORPORATION 1 O FFICE OFINSPECTORGENERAL 2 SALARIES AND EXPENSES 3 For necessary expenses of the Office of Inspector 4 General for the National Railroad Passenger Corporation 5 to carry out the provisions of the Inspector General Act 6 of 1978 (5 U.S.C. App. 3), $29,240,000: Provided, That 7 the Inspector General shall have all necessary authority, 8 in carrying out the duties specified in such Act, to inves-9 tigate allegations of fraud, including false statements to 10 the Government under section 1001 of title 18, United 11 States Code, by any person or entity that is subject to 12 regulation by the National Railroad Passenger Corpora-13 tion: Provided further, That the Inspector General may 14 enter into contracts and other arrangements for audits, 15 studies, analyses, and other services with public agencies 16 and with private persons, subject to the applicable laws 17 and regulations that govern the obtaining of such services 18 within the National Railroad Passenger Corporation: Pro-19 vided further, That the Inspector General may select, ap-20 point, and employ such officers and employees as may be 21 necessary for carrying out the functions, powers, and du-22 ties of the Office of Inspector General, subject to the appli-23 cable laws and regulations that govern such selections, ap-24 pointments, and employment within the National Railroad 25 235 •S 2437 RS Passenger Corporation: Provided further, That concurrent 1 with the President’s budget request for fiscal year 2025, 2 the Inspector General shall submit to the House and Sen-3 ate Committees on Appropriations a budget request for 4 fiscal year 2025 in similar format and substance to budget 5 requests submitted by executive agencies of the Federal 6 Government. 7 N ATIONALTRANSPORTATIONSAFETYBOARD 8 SALARIES AND EXPENSES 9 For necessary expenses of the National Transpor-10 tation Safety Board, including hire of passenger motor ve-11 hicles and aircraft; services as authorized by section 3109 12 of title 5, United States Code, but at rates for individuals 13 not to exceed the per diem rate equivalent to the rate for 14 a GS–15; uniforms, or allowances therefor, as authorized 15 by sections 5901 and 5902 of title 5, United States Code, 16 $134,300,000, of which not to exceed $2,000 may be used 17 for official reception and representation expenses: Pro-18 vided, That the amounts made available to the National 19 Transportation Safety Board in this Act include amounts 20 necessary to make lease payments on an obligation in-21 curred in fiscal year 2001 for a capital lease. 22 236 •S 2437 RS NEIGHBORHOOD REINVESTMENTCORPORATION 1 PAYMENT TO THE NEIGHBORHOOD REINVESTMENT 2 CORPORATION 3 For payment to the Neighborhood Reinvestment Cor-4 poration for use in neighborhood reinvestment activities, 5 as authorized by the Neighborhood Reinvestment Corpora-6 tion Act (42 U.S.C. 8101–8107), $168,000,000: Provided, 7 That an additional $2,000,000, to remain available until 8 September 30, 2027, shall be for the promotion and devel-9 opment of shared equity housing models. 10 S URFACETRANSPORTATIONBOARD 11 SALARIES AND EXPENSES 12 For necessary expenses of the Surface Transpor-13 tation Board, including services authorized by section 14 3109 of title 5, United States Code, $47,452,000: Pro-15 vided, That, notwithstanding any other provision of law, 16 not to exceed $1,250,000 from fees established by the Sur-17 face Transportation Board shall be credited to this appro-18 priation as offsetting collections and used for necessary 19 and authorized expenses under this heading: Provided fur-20 ther, That the amounts made available under this heading 21 from the general fund shall be reduced on a dollar-for- 22 dollar basis as such offsetting collections are received dur-23 ing fiscal year 2024, to result in a final appropriation from 24 the general fund estimated at not more than $46,202,000. 25 237 •S 2437 RS UNITEDSTATESINTERAGENCYCOUNCIL ON 1 H OMELESSNESS 2 OPERATING EXPENSES 3 For necessary expenses, including payment of sala-4 ries, authorized travel, hire of passenger motor vehicles, 5 the rental of conference rooms, and the employment of ex-6 perts and consultants under section 3109 of title 5, United 7 States Code, of the United States Interagency Council on 8 Homelessness in carrying out the functions pursuant to 9 title II of the McKinney-Vento Homeless Assistance Act, 10 as amended, $4,300,000. 11 238 •S 2437 RS TITLE IV 1 GENERAL PROVISIONS—THIS ACT 2 S EC. 401. None of the funds in this Act shall be used 3 for the planning or execution of any program to pay the 4 expenses of, or otherwise compensate, non-Federal parties 5 intervening in regulatory or adjudicatory proceedings 6 funded in this Act. 7 S EC. 402. None of the funds appropriated in this Act 8 shall remain available for obligation beyond the current 9 fiscal year, nor may any be transferred to other appropria-10 tions, unless expressly so provided herein. 11 S EC. 403. The expenditure of any appropriation 12 under this Act for any consulting service through a pro-13 curement contract pursuant to section 3109 of title 5, 14 United States Code, shall be limited to those contracts 15 where such expenditures are a matter of public record and 16 available for public inspection, except where otherwise pro-17 vided under existing law, or under existing Executive order 18 issued pursuant to existing law. 19 S EC. 404. (a) None of the funds made available in 20 this Act may be obligated or expended for any employee 21 training that— 22 (1) does not meet identified needs for knowl-23 edge, skills, and abilities bearing directly upon the 24 performance of official duties; 25 239 •S 2437 RS (2) contains elements likely to induce high lev-1 els of emotional response or psychological stress in 2 some participants; 3 (3) does not require prior employee notification 4 of the content and methods to be used in the train-5 ing and written end of course evaluation; 6 (4) contains any methods or content associated 7 with religious or quasi-religious belief systems or 8 ‘‘new age’’ belief systems as defined in Equal Em-9 ployment Opportunity Commission Notice N– 10 915.022, dated September 2, 1988; or 11 (5) is offensive to, or designed to change, par-12 ticipants’ personal values or lifestyle outside the 13 workplace. 14 (b) Nothing in this section shall prohibit, restrict, or 15 otherwise preclude an agency from conducting training 16 bearing directly upon the performance of official duties. 17 S EC. 405. Except as otherwise provided in this Act, 18 none of the funds provided in this Act, provided by pre-19 vious appropriations Acts to the agencies or entities fund-20 ed in this Act that remain available for obligation or ex-21 penditure in fiscal year 2024, or provided from any ac-22 counts in the Treasury derived by the collection of fees 23 and available to the agencies funded by this Act, shall be 24 240 •S 2437 RS available for obligation or expenditure through a re-1 programming of funds that— 2 (1) creates a new program; 3 (2) eliminates a program, project, or activity; 4 (3) increases funds or personnel for any pro-5 gram, project, or activity for which funds have been 6 denied or restricted by the Congress; 7 (4) proposes to use funds directed for a specific 8 activity by either the House or Senate Committees 9 on Appropriations for a different purpose; 10 (5) augments existing programs, projects, or ac-11 tivities in excess of $5,000,000 or 10 percent, which-12 ever is less; 13 (6) reduces existing programs, projects, or ac-14 tivities by $5,000,000 or 10 percent, whichever is 15 less; or 16 (7) creates, reorganizes, or restructures a 17 branch, division, office, bureau, board, commission, 18 agency, administration, or department different from 19 the budget justifications submitted to the Commit-20 tees on Appropriations or the report accompanying 21 this Act, whichever is more detailed, unless prior ap-22 proval is received from the House and Senate Com-23 mittees on Appropriations: 24 241 •S 2437 RS Provided, That not later than 60 days after the date of 1 enactment of this Act, each agency funded by this Act 2 shall submit a report to the Committees on Appropriations 3 of the Senate and of the House of Representatives to es-4 tablish the baseline for application of reprogramming and 5 transfer authorities for the current fiscal year: Provided 6 further, That the report shall include— 7 (A) a table for each appropriation with a 8 separate column to display the prior year en-9 acted level, the President’s budget request, ad-10 justments made by Congress, adjustments due 11 to enacted rescissions, if appropriate, and the 12 fiscal year enacted level; 13 (B) a delineation in the table for each ap-14 propriation and its respective prior year enacted 15 level by object class and program, project, and 16 activity as detailed in this Act, the table in the 17 report accompanying this Act, accompanying 18 reports of the House and Senate Committee on 19 Appropriations, or in the budget appendix for 20 the respective appropriations, whichever is more 21 detailed, and shall apply to all items for which 22 a dollar amount is specified and to all programs 23 for which new budget (obligational) authority is 24 242 •S 2437 RS provided, as well as to discretionary grants and 1 discretionary grant allocations; and 2 (C) an identification of items of special 3 congressional interest. 4 S EC. 406. Except as otherwise specifically provided 5 by law, not to exceed 50 percent of unobligated balances 6 remaining available at the end of fiscal year 2024 from 7 appropriations made available for salaries and expenses 8 for fiscal year 2024 in this Act, shall remain available 9 through September 30, 2025 for each such account for 10 the purposes authorized: Provided, That a request shall 11 be submitted to the House and Senate Committees on Ap-12 propriations for approval prior to the expenditure of such 13 funds: Provided further, That these requests shall be made 14 in compliance with reprogramming guidelines under sec-15 tion 405 of this Act. 16 S EC. 407. No funds in this Act may be used to sup-17 port any Federal, State, or local projects that seek to use 18 the power of eminent domain, unless eminent domain is 19 employed only for a public use: Provided, That for pur-20 poses of this section, public use shall not be construed to 21 include economic development that primarily benefits pri-22 vate entities: Provided further, That any use of funds for 23 mass transit, railroad, airport, seaport or highway 24 projects, as well as utility projects which benefit or serve 25 243 •S 2437 RS the general public (including energy-related, communica-1 tion-related, water-related and wastewater-related infra-2 structure), other structures designated for use by the gen-3 eral public or which have other common-carrier or public- 4 utility functions that serve the general public and are sub-5 ject to regulation and oversight by the government, and 6 projects for the removal of an immediate threat to public 7 health and safety or brownfields as defined in the Small 8 Business Liability Relief and Brownfields Revitalization 9 Act (Public Law 107–118) shall be considered a public 10 use for purposes of eminent domain. 11 S EC. 408. None of the funds made available in this 12 Act may be transferred to any department, agency, or in-13 strumentality of the United States Government, except 14 pursuant to a transfer made by, or transfer authority pro-15 vided in, this Act or any other appropriations Act. 16 S EC. 409. No funds appropriated pursuant to this 17 Act may be expended by an entity unless the entity agrees 18 that in expending the assistance the entity will comply 19 with sections 2 through 4 of the Act of March 3, 1933 20 (41 U.S.C. 8301–8305, popularly known as the ‘‘Buy 21 American Act’’). 22 S EC. 410. No funds appropriated or otherwise made 23 available under this Act shall be made available to any 24 244 •S 2437 RS person or entity that has been convicted of violating the 1 Buy American Act (41 U.S.C. 8301–8305). 2 S EC. 411. None of the funds made available in this 3 Act may be used for first-class airline accommodations in 4 contravention of sections 301–10.122 and 301–10.123 of 5 title 41, Code of Federal Regulations. 6 S EC. 412. None of the funds made available in this 7 Act may be used to send or otherwise pay for the attend-8 ance of more than 50 employees of a single agency or de-9 partment of the United States Government, who are sta-10 tioned in the United States, at any single international 11 conference unless the relevant Secretary reports to the 12 House and Senate Committees on Appropriations at least 13 5 days in advance that such attendance is important to 14 the national interest: Provided, That for purposes of this 15 section the term ‘‘international conference’’ shall mean a 16 conference occurring outside of the United States attended 17 by representatives of the United States Government and 18 of foreign governments, international organizations, or 19 nongovernmental organizations. 20 S EC. 413. None of the funds appropriated or other-21 wise made available under this Act may be used by the 22 Surface Transportation Board to charge or collect any fil-23 ing fee for rate or practice complaints filed with the Board 24 in an amount in excess of the amount authorized for dis-25 245 •S 2437 RS trict court civil suit filing fees under section 1914 of title 1 28, United States Code. 2 S EC. 414. (a) None of the funds made available in 3 this Act may be used to maintain or establish a computer 4 network unless such network blocks the viewing, 5 downloading, and exchanging of pornography. 6 (b) Nothing in subsection (a) shall limit the use of 7 funds necessary for any Federal, State, tribal, or local law 8 enforcement agency or any other entity carrying out crimi-9 nal investigations, prosecution, or adjudication activities. 10 S EC. 415. (a) None of the funds made available in 11 this Act may be used to deny an Inspector General funded 12 under this Act timely access to any records, documents, 13 or other materials available to the department or agency 14 over which that Inspector General has responsibilities 15 under the Inspector General Act of 1978 (5 U.S.C. App.), 16 or to prevent or impede that Inspector General’s access 17 to such records, documents, or other materials, under any 18 provision of law, except a provision of law that expressly 19 refers to the Inspector General and expressly limits the 20 Inspector General’s right of access. 21 (b) A department or agency covered by this section 22 shall provide its Inspector General with access to all such 23 records, documents, and other materials in a timely man-24 ner. 25 246 •S 2437 RS (c) Each Inspector General shall ensure compliance 1 with statutory limitations on disclosure relevant to the in-2 formation provided by the establishment over which that 3 Inspector General has responsibilities under the Inspector 4 General Act of 1978 (5 U.S.C. App.). 5 (d) Each Inspector General covered by this section 6 shall report to the Committees on Appropriations of the 7 House of Representatives and the Senate within 5 cal-8 endar days any failures to comply with this requirement. 9 S EC. 416. None of the funds appropriated or other-10 wise made available by this Act may be used to pay award 11 or incentive fees for contractors whose performance has 12 been judged to be below satisfactory, behind schedule, over 13 budget, or has failed to meet the basic requirements of 14 a contract, unless the Agency determines that any such 15 deviations are due to unforeseeable events, government- 16 driven scope changes, or are not significant within the 17 overall scope of the project and/or program unless such 18 awards or incentive fees are consistent with 16.401(e)(2) 19 of the Federal Acquisition Regulations. 20 S EC. 417. No part of any appropriation contained in 21 this Act shall be available to pay the salary for any person 22 filling a position, other than a temporary position, for-23 merly held by an employee who has left to enter the Armed 24 Forces of the United States and has satisfactorily com-25 247 •S 2437 RS pleted his or her period of active military or naval service, 1 and has within 90 days after his or her release from such 2 service or from hospitalization continuing after discharge 3 for a period of not more than 1 year, made application 4 for restoration to his or her former position and has been 5 certified by the Office of Personnel Management as still 6 qualified to perform the duties of his or her former posi-7 tion and has not been restored thereto. 8 S EC. 418. (a) None of the funds made available by 9 this Act may be used to approve a new foreign air carrier 10 permit under sections 41301 through 41305 of title 49, 11 United States Code, or exemption application under sec-12 tion 40109 of that title of an air carrier already holding 13 an air operators certificate issued by a country that is 14 party to the U.S.-E.U.-Iceland-Norway Air Transport 15 Agreement where such approval would contravene United 16 States law or Article 17 bis of the U.S.-E.U.-Iceland-Nor-17 way Air Transport Agreement. 18 (b) Nothing in this section shall prohibit, restrict or 19 otherwise preclude the Secretary of Transportation from 20 granting a foreign air carrier permit or an exemption to 21 such an air carrier where such authorization is consistent 22 with the U.S.-E.U.-Iceland-Norway Air Transport Agree-23 ment and United States law. 24 248 •S 2437 RS SEC. 419. None of the funds made available by this 1 Act to the Department of Transportation may be used in 2 contravention of section 306108 of title 54, United States 3 Code. 4 S EC. 420. In the table of projects entitled ‘‘Commu-5 nity Project Funding/Congressionally Directed Spending’’ 6 included in the explanatory statement that accompanied 7 the Transportation, Housing and Urban Development, 8 and Related Agencies Appropriations Act, 2023 (division 9 L of Public Law 117–328) the item relating to ‘‘B–360 10 Educational Campus’’ is deemed to be amended by strik-11 ing ‘‘I Am Mentality, Inc.’’ and inserting ‘‘B–360 Balti-12 more, Inc.’’. 13 S EC. 421. Each amount designated in this Act by the 14 Congress as an emergency requirement pursuant to sec-15 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer-16 gency Deficit Control Act of 1985 shall be available (or 17 rescinded, if applicable) only if the President subsequently 18 so designates all such amounts and transmits such des-19 ignations to the Congress. 20 This Act may be cited as the ‘‘Transportation, Hous-21 ing and Urban Development, and Related Agencies Appro-22 priations Act, 2024’’. 23 Calendar No. 143 118 TH CONGRESS 1 ST S ESSION S. 2437 [Report No. 118–70] A BILL Making appropriations for the Departments of Transportation, and Housing and Urban Devel- opment, and related agencies for the fiscal year ending September 30, 2024, and for other pur- poses. J ULY 20, 2023 Read twice and placed on the calendar