[Congressional Record Volume 168, Number 198 (Tuesday, December 20, 2022)]
[Senate]
[Pages S9325-S9591]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




   EXPLANATORY STATEMENT SUBMITTED BY MR. LEAHY, CHAIR OF THE SENATE 
    COMMITTEE ON APPROPRIATIONS, REGARDING H.R. 2617, CONSOLIDATED 
                        APPROPRIATIONS ACT, 2023

  The following is an explanation of the Consolidated Appropriations 
Act, 2023.
                                 ______
                                 

DIVISION L--TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED 
                   AGENCIES APPROPRIATIONS ACT, 2023

                        Congressional Directives

       The joint explanatory statement accompanying this division 
     is approved and indicates congressional intent. Unless 
     otherwise noted, the language set forth in House Report 117-
     402 carries the same weight as language included in this 
     joint explanatory statement and should be complied with 
     unless specifically addressed to the contrary in this joint 
     explanatory statement. While some language is repeated for 
     emphasis, it is not intended to negate the language referred 
     to above unless expressly provided herein. In cases where the 
     House has directed the submission of a report, such report is 
     to be submitted to both the House and Senate Committees on 
     Appropriations. The Department of Transportation [DOT] and 
     the Department of Housing and Urban Development [HUD] are 
     directed to notify the House and Senate Committees on 
     Appropriations seven days prior to the announcement of a new 
     program, initiative, or authority. Any reprogramming requests 
     must be submitted to the Committees on Appropriations no 
     later than June 30, 2023.
       For fiscal year 2023, the terms ``program, project, and 
     activity'' [PPA] shall mean any item for which a dollar 
     amount is contained in this act, House Report 117-402, or 
     this joint explanatory statement. The table in the operating 
     plan required by House Report 117-402 shall apply to all 
     items for which a dollar amount is specified and to all 
     programs for which new budget (obligational) authority is 
     provided, as well as to discretionary grants and 
     discretionary grant allocations.


                  CONGRESSIONAL BUDGET JUSTIFICATIONS

       The agreement directs each agency to include within its 
     budget justification a report on all efforts made to address 
     the programmatic duplication identified by the annual 
     Government Accountability Office [GAO] reports along with 
     legal barriers preventing the agency's ability to further 
     reduce duplication and legislative recommendations, if 
     applicable.


                        TRANSPARENCY REQUIREMENT

       The agreement directs the Secretary of Transportation to 
     follow recommendations suggested by the GAO in the GAO-19-541 
     report and issue a department-wide directive to promote 
     transparency and fairness by establishing uniform procedures 
     to be followed by the DOT in reviewing and selecting 
     discretionary grants. The Secretary shall report to the House 
     and Senate Committees on Appropriations within 90 days of the 
     enactment of this act.
       The agreement directs the agencies in this act to state 
     within the text, audio, or video used for new advertising 
     purposes, including advertising/posting on the Internet, that 
     the advertisements are printed, published, or produced and 
     disseminated at U.S. taxpayer expense, with exemptions for 
     safety or conflicts with the agency's ability to carry out 
     their statutory authority.
       The agreement directs agencies to collect data on what 
     information Federal grant recipients currently include in the 
     public documents announcing the grant award to determine 
     whether recipients of funding in this act could comply with 
     the Stevens amendment (section 505 of title V, division H of 
     Public Law 115-141) without unreasonable burden.


                            AUDIT STANDARDS

       For all contract actions, including awards, renewals, and 
     amendments, Departments and agencies provided funding in this 
     act shall require any accounting firm providing financial 
     auditing or audit remediation services to provide a statement 
     setting forth the details of any disciplinary proceedings 
     occurring within 1 year of the projected performance period 
     related to noncompliance with rules or laws applying to audit 
     services.


                          DATA ACT COMPLIANCE

       The agreement expects agencies to prioritize the submission 
     of timely, accurate, quality, and complete financial and 
     award information under existing U.S. Treasury reporting 
     obligations in accordance with established management 
     guidance, reporting processes, and data standards established 
     under the requirements of the Digital Accountability and 
     Transparency Act (Public Law 113-101).


                       FEDERALLY FUNDED RESEARCH

       The agreement urges the Departments funded under this 
     division to affirmatively determine and make available on a 
     publicly accessible website a justification that Federally 
     funded research grants or agreements promote the progress of 
     science in the United States or will advance a national 
     security or economic interest.


                           HUMAN TRAFFICKING

       The agreement encourages the DOT to continue efforts to 
     combat human trafficking through the transportation leaders 
     against human trafficking initiative and the blue lightning 
     initiative. The agreement encourages prioritizing grants from 
     the Federal Transit Administration's [FTA] 5307 program and 
     the Federal Aviation Administration's [FAA] airport 
     improvement program to transit providers and airport sponsors 
     serving areas with high rates of human trafficking. In 
     addition, the DOT should also encourage use of best practices 
     and recommendations from the DOT advisory committee on human 
     trafficking.

                                TITLE I

                      DEPARTMENT OF TRANSPORTATION

                        OFFICE OF THE SECRETARY


                         SALARIES AND EXPENSES

       The bill provides $171,014,000 for the salaries and 
     expenses of the Office of the Secretary [OST].
       The agreement directs the Department to abide by both the 
     will and intent of Congress in all funding and policy 
     decisions, and to consult with the House and Senate 
     Committees on Appropriations prior to issuing all notices of 
     funding opportunities [NOFO].
       Local hiring.--The agreement encourages the Department to 
     update its guidance on local hiring flexibility to allow 
     local hiring preferences on projects funded by the 
     Infrastructure Investment and Jobs Act [IIJA] to the extent 
     permissible under section 25019 of Public Law 117-58.
       Freight.--The agreement reminds the Department to provide 
     the report required in fiscal year 2021 regarding potential 
     options for modifying existing transportation programs to 
     allow improvements to inland waterways to the House and 
     Senate Committees on Appropriations, the House Committee on 
     Transportation and Infrastructure, and the Senate 
     Committee on Commerce, Science, and Transportation within 
     30 days of enactment of this act.
       Permit streamlining.--The agreement encourages the 
     Secretary to coordinate with

[[Page S9326]]

     project sponsors to use interactive and digital platforms 
     where possible in meeting environmental review and community 
     engagement requirements under the National Environmental 
     Policy Act. The Secretary is directed to brief the House and 
     Senate Committees on Appropriations within 180 days of 
     enactment of this act on its efforts to implement the IIJA 
     and metrics needed to make the permitting process more 
     effective, efficient, and transparent, including its efforts 
     to reduce paperwork, improve efficiencies across modes, 
     reduce timelines for completing environmental review, and 
     determine whether digital platforms facilitate transparency 
     and reduce the time needed to complete project permitting.
       Consumer protections.--The agreement includes an increase 
     of $1,000,000 above the request for the Department's Office 
     of Aviation Consumer Protection to increase efforts to 
     protect aviation consumers from deceptive practices.
       Office of the Under Secretary of Transportation for 
     Policy.--The agreement supports an additional position in the 
     Office of International Aviation for transportation economic 
     research and sufficient resources to fill the long-term 
     vacancies in the Policy and Aviation and International 
     Affairs offices and in support of the regional transportation 
     attaches. The agreement does not include additional staffing 
     for the launch of a national equity accelerator and instead 
     provides funding to facilitate further technical assistance 
     efforts within the National Surface Transportation and 
     Innovation Finance Bureau.
       Office of the Assistant Secretary for Budget and 
     Programs.--The recommended level for the Office of the 
     Assistant Secretary for Budget and Programs is $21,026,000 
     for adjustments to base and seven additional positions.
       Office of the Assistant Secretary for Governmental 
     Affairs.--The recommended level for the Office of the 
     Assistant Secretary for Governmental Affairs is $3,968,000 to 
     accommodate adjustments to base and two additional positions.
       Office of the Assistant Secretary for Administration.--The 
     recommended level for the Office of the Assistant Secretary 
     for Administration is $41,399,000 in order to accommodate 
     adjustments to base, contract support as requested, and the 
     presidential management fellows internship program as 
     requested. The recommended level provides sufficient 
     resources for an additional nine positions for Departmental 
     oversight and accountability responsibilities, human 
     resources, single audit liaisons, grants and financial 
     assistance, contracting and acquisitions, and environmental 
     sustainability to meet the new requirements of the Energy Act 
     of 2020.
       Office of Public Affairs and Public Engagement.--The 
     recommended level for the Office of Public Affairs and Public 
     Engagement is $5,727,000 in order to accommodate adjustments 
     to base and five additional positions, of which three are for 
     public affairs and two are for public engagement.
       Office of the Chief Information Officer.--The recommended 
     level for the Office of the Chief Information Officer is 
     $29,195,000 to accommodate adjustments to base and the 
     request for electronic records management.


                        Research And Technology

       The bill provides $48,996,000 for research and technology, 
     of which $37,542,000 shall remain available until expended. 
     Of the total amount, the agreement provides the following 
     levels for specific activities:

------------------------------------------------------------------------
 
------------------------------------------------------------------------
Highly automated systems safety center of excellence....      $5,000,000
Advanced research projects agency--infrastructure.......       3,224,000
Position and navigation timing..........................      15,000,000
Interdisciplinary transportation law and policy.........         600,000
Executive order 13905 implementation and signal                5,000,000
 authentication.........................................
Transportation vulnerability and resiliency data program       3,000,000
------------------------------------------------------------------------

       Advanced research projects agency--infrastructure [ARP A-I] 
     research plan.--The agreement requires the Department within 
     120 days from the date of enactment of this act to complete 
     the staffing plan and outline of planned research as directed 
     in House Report 117-402.
       Position navigation and timing [PNT] technologies and 
     global positioning system [GPS] backup.--Building on the 
     $15,000,000 provided in fiscal year 2022, the agreement 
     provides another $15,000,000 in fiscal year 2023 to enable 
     the Secretary to support the GPS backup/complementary PNT 
     technologies program, which will allow for the wide adoption 
     of multiple technologies that provide the necessary GPS 
     backup and complementary PNT as identified in 2021 in the 
     ``Complementary PNT and GPS Backup Technologies Demonstration 
     Report'' (DOT-VNTSC-20-07). The agreement expects the 
     Department to report its findings and recommendations 
     enabling GPS backup to the House and Senate Committees on 
     Appropriations within 1 year of enactment of this act.
       Resiliency.--The agreement directs the Department to expand 
     its technical assistance and trainings to help state DOTs, 
     local governments, and Tribal governments develop reliable 
     indicators of vulnerability and actionable mitigation 
     measures in all phases of transportation planning, asset 
     management, project-specific planning and development, and 
     operations toward improving resiliency and reducing lifecycle 
     costs. The agreement also directs the Department to 
     prioritize research and demonstrations of new and proven 
     technologies that could make infrastructure systems more 
     resilient and to share such technologies with other state and 
     Federal partners as appropriate.


                  NATIONAL INFRASTRUCTURE INVESTMENTS

                     (INCLUDING TRANSFER OF FUNDS)

       The bill provides $800,000,000 for local and regional 
     project assistance grants as authorized under 49 U.S.C. 6702, 
     to remain available until expended. Of this amount, not less 
     than $20,000,000 is for projects in historically 
     disadvantaged communities or areas of persistent poverty and 
     not less than five percent is for planning grants. Consistent 
     with 49 U.S.C. 6702, not more than 50 percent of the funding 
     shall be allocated to projects in rural and urbanized areas, 
     respectively, and the Secretary may increase the Federal 
     cost-share above 80 percent for projects in rural areas, 
     historically disadvantaged communities, or areas of 
     persistent poverty. The bill directs the Secretary to take 
     such measures to ensure an equitable geographic distribution 
     of funds, an appropriate balance in addressing the needs of 
     rural and urban communities, including Tribal areas, and the 
     investment in a variety of transportation modes. Further, the 
     bill requires the Secretary to consider and award projects 
     solely based upon the selection criteria in 49 
     U.S.C. 6702(d)(3) and (d)(4). The agreement reiterates to 
     the Department and potential applicants that this 
     competitive grant program supports a broad variety of 
     transportation projects, including highway, bridge, or 
     road projects; public transportation projects; passenger 
     and freight rail projects, including high speed passenger 
     rail; port infrastructure improvement projects; intermodal 
     projects, including commercial, transit, and intermodal 
     parking garages; bicycle and pedestrian projects; 
     multimodal infrastructure projects; and infrastructure 
     reuse projects. The agreement also reminds the Department 
     that projects that alleviate blocked highway-rail grade 
     crossings are eligible for funding under this heading.
       Mega grants.--When awarding advance appropriations funds 
     for the mega grants program, the agreement encourages the 
     Secretary to consider mega grant applications that include 
     the development of coastal and inland ports in order to 
     facilitate an efficient supply chain.


                    THRIVING COMMUNITIES INITIATIVE

                     (INCLUDING TRANSFER OF FUNDS)

       The bill provides $25,000,000 for a thriving communities 
     program, to remain available until September 30, 2025.


     NATIONAL SURFACE TRANSPORTATION AND INNOVATIVE FINANCE BUREAU

       The bill provides $8,850,000 for the National Surface 
     Transportation and Innovative Finance Bureau, to remain 
     available until expended.
       Selection process for INFRA grants.--The agreement directs 
     the Department to continue to advance recommendations in the 
     GAO reports entitled ``Discretionary Transportation Grants: 
     DOT Should Take Actions to Improve the Selection of Freight 
     and Highway Projects'' [GAO-18-38] and ``Discretionary 
     Transportation Grants: DOT Should Clarify Application 
     Requirements and Oversight Activities'' [GAO-22-104532] and 
     further clarify application requirements.


       Railroad Rehabilitation And Improvement Financing Program

       The bill authorizes the Secretary to issue direct loans and 
     loan guarantees pursuant to chapter 224 of title 49, United 
     States Code.


                      FINANCIAL MANAGEMENT CAPITAL

       The bill provides $5,000,000 for the financial management 
     capital program, to remain available until September 30, 
     2024.


                       CYBER SECURITY INITIATIVES

       The bill provides $48,100,000 for departmental cyber 
     security initiatives, to remain available until September 30, 
     2024.


                         OFFICE OF CIVIL RIGHTS

       The bill provides $14,800,000 for the Office of Civil 
     Rights. The agreement specifies that amounts provided above 
     the fiscal year 2022 enacted level are to accommodate 
     adjustments to base.


           TRANSPORTATION PLANNING, RESEARCH, AND DEVELOPMENT

                     (INCLUDING TRANSFER OF FUNDS)

       The bill provides $36,543,000 for planning, research, and 
     development activities, to remain available until expended. 
     Of this amount, $5,436,000 is for the interagency 
     infrastructure permitting improvement center and $12,914,000 
     is for the purposes and amounts specified in the table 
     entitled ``Community Project Funding/Congressionally Directed 
     Spending'' included in this joint explanatory statement. 
     Further, the agreement directs that the specific funding 
     allocated in the table entitled ``Community Project Funding/
     Congressionally Directed Spending'' included in this joint 
     explanatory statement shall not diminish or prejudice any 
     application or geographic region to receive other 
     discretionary grants or loans.
       Autonomous vehicle research in rural communities.--The 
     agreement directs the Department to provide another 
     $15,000,000 to continue this research from the unobligated 
     balances remaining from the funds provided for the highly 
     automated vehicle research and development program under the 
     heading ``Department of Transportation-Federal Motor Carrier 
     Safety Administration-Motor Carrier Safety Grants'' in 
     division L of the Consolidated Appropriations Act, 2018.
       Concrete research.--The agreement includes $5,000,000 for 
     an accredited research university of higher education, in 
     partnership with a producer of steel in the United States, to 
     conduct research on the properties of steel

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     slag materials for use in cement and concrete, furthering 
     previous research under the Federal Highway Administration's 
     [FHWA] highway research and development.
       Non-traditional emerging technologies council [NETT].--The 
     agreement encourages the NETT to develop and establish 
     Department-wide processes, solutions, and best practices for 
     identifying and managing non-traditional and emerging 
     transportation technologies and projects, and to provide 
     assistance to local and state governments for non-traditional 
     emerging technologies.


                          WORKING CAPITAL FUND

                     (INCLUDING TRANSFER OF FUNDS)

       The bill limits expenditures for working capital fund 
     activities to $505,285,000.
       The limitation allows the Department to complete the 
     migration of commodity information technology [IT] to the 
     working capital fund. Permission to expand activities to 
     human capital and non-commodity IT activities is denied.


       SMALL AND DISADVANTAGED BUSINESS UTILIZATION AND OUTREACH

       The bill provides $5,132,000 for small and disadvantaged 
     business utilization and outreach, to remain available until 
     September 30, 2024.


                        PAYMENTS TO AIR CARRIERS

                    (AIRPORT AND AIRWAY TRUST FUND)

       The act provides $354,827,000 for payments to air carriers, 
     to remain available until expended, and continues to waive 
     certain eligibility requirements.
       GAO report.--The agreement directs the GAO to provide a 
     report on the current state of commercial air service to 
     small airports, including the impact of COVID-19 and COVID-
     19-related financial assistance programs enacted by Congress. 
     The report shall include any recommendations to Congress and 
     the DOT that would help maintain or increase commercial air 
     service to small communities.


  ADMINISTRATIVE PROVISIONS--OFFICE OF THE SECRETARY OF TRANSPORTATION

              (INCLUDING RESCISSION AND TRANSFER OF FUNDS)

       Section 101 prohibits funds available to the Department of 
     Transportation from being obligated for the Office of the 
     Secretary of Transportation to approve assessments or 
     reimbursable agreements pertaining to funds appropriated to 
     the operating administrations, except for activities underway 
     on the date of enactment of this act, unless such assessments 
     or agreements have completed the normal reprogramming process 
     for congressional notification.
       Section 102 requires the Secretary of Transportation to 
     post on the Internet a schedule of all council on credit and 
     finance meetings, agendas, and meeting minutes.
       Section 103 allows the Department of Transportation's 
     working capital fund to provide payments in advance to 
     vendors for the Federal transit pass fringe benefit program, 
     and to provide full or partial payments to, and to accept 
     reimbursements from, Federal agencies for transit benefit 
     distribution services.
       Section 104 allows the Department of Transportation's 
     working capital fund to use certain recoveries from the 
     transit benefit program to improve the administration of that 
     program.
       Section 105 requires approval from the Assistant Secretary 
     for Administration for retention or senior executive bonuses 
     for all DOT employees.
       Section 106 requires the Department of Transportation's 
     working capital fund to transfer equipment into the working 
     capital fund and collect replacement reserve for the 
     equipment equal to the useful life and estimated replacement 
     cost of such equipment.
       Section 107 requires congressional notification before the 
     Department of Transportation provides credit assistance under 
     the transportation infrastructure finance and innovation act 
     [TIFIA] program.
       Section 108 provides $4,500,000 for expenses related to the 
     building replacement of the Volpe national transportation 
     systems center.
       Section 109 extends the liquidation of valid obligations 
     for one fiscal year for amounts made available for the 
     national infrastructure investments program in Public Law 
     117-180.
       Section 109A allows the Secretary to transfer funds 
     appropriated for administrative expenses in this act and in 
     Public Law 117-103 to the account identified in section 801 
     of division J of Public Law 117-58 for the national 
     infrastructure investments.
       Section 109B makes funds available to bring certain 
     projects to completion.

                    Federal Aviation Administration


                               OPERATIONS

                    (AIRPORT AND AIRWAY TRUST FUND)

       The agreement provides $11,915,000,000 for the operations 
     of the Federal Aviation Administration [FAA], to remain 
     available until September 30, 2024. Of the total amount 
     provided, $9,993,821,000 is to be derived from the airport 
     and airway trust fund. The act distributes funds by budget 
     activity. The agreement does not include the realignment 
     included in the budget request. The FAA is directed to 
     include in its fiscal year 2023 operating plan and fiscal 
     year 2024 budget request any carryover and how it plans to 
     use these unobligated balances.
       The agreement continues to direct the FAA to report 
     immediately to the House and Senate Committees on 
     Appropriations in the event resources are insufficient to 
     operate a safe and effective air traffic control system, and 
     appreciates the FAA's efforts to inform the committees of 
     additional funding needs in fiscal year 2023 for controller 
     hiring and training. The FAA has had to reduce its hiring 
     targets for air traffic controllers [ATCs] in fiscal years 
     2021 and 2022 due to COVID-19, and staffing levels in certain 
     high demand facilities remain a challenge. Funding from 
     previous fiscal years intended for hiring new ATCs was 
     redirected to personal safety supplies and necessary COVID-19 
     cleanings, in order to protect the workforce, as well as for 
     additional costs associated with COVID-19 related leave. As a 
     result, the agreement allows the FAA to increase the number 
     of new air traffic controllers by up to 480 above the levels 
     included in the 2022-2031 ATC controller workforce plan 
     [CWP]. The FAA may use air traffic organization [ATO] 
     contract savings and reductions in discretionary adjustments 
     from the President's budget request that are not referenced 
     elsewhere in this joint explanatory statement to pay for this 
     increased controller staffing level. Funding is also included 
     in the facilities and equipment account for increased air 
     traffic simulator training.
       As a condition of this increase, the FAA is directed to 
     brief the House and Senate Committees on Appropriations on a 
     quarterly basis on: (1) the status of hiring for all new 
     controllers funded in this bill; (2) actual staffing levels, 
     including hiring and separation levels, at all ATC 
     facilities; and (3) flight delays at each ATC facility by 
     category. The FAA is also working through the collaborative 
     resource workgroup [CRWG] to improve the process for 
     determining controller staffing targets that may be included 
     in the annual CWP. All relevant stakeholders, as determined 
     by the Secretary, should be a part of the overall process.
       The FAA is reminded that the annual CWP serves as the basis 
     of the House and Senate Committees on Appropriations' funding 
     recommendations every year, should reflect the 
     Administration's budget request, and should be submitted 
     solely by the Administrator of the FAA. For the 2023-2032 
     CWP, the FAA shall provide both total and facility specific 
     data based on the current staffing standard and may include 
     additional data from the CRWG process for comparative 
     purposes. The 2023-2032 CWP should also include end of fiscal 
     year 2022 counts of certified professional controllers [CPC], 
     CPCs in training, and developmental controllers by facility. 
     The agreement directs the FAA to brief the House and Senate 
     Committees on Appropriations on the methods used to determine 
     the controller staffing targets for the 2023-2032 CWP upon 
     its submission. The FAA is also directed to update the House 
     and Senate Committees on Appropriations within 30 days of 
     enactment of this act on the open recommendations from the 
     Office of Inspector General's reports AV2019013 and 
     AV2021035.
       Advanced air mobility [AAM].--The agreement recognizes the 
     FAA's ongoing work on AAM and encourages the FAA to provide a 
     transparent framework and requirements to stakeholders for 
     the safe use of AAM in the future. The agreement further 
     recognizes that the FAA has committed to completing the 
     proposed special Federal aviation requirement which will 
     enable commercial operations and pilot licensing in a manner 
     by December 31, 2024.
       Air traffic control privatization.--The agreement does not 
     support any efforts to transfer the FAA's air traffic 
     functions to a not-for-profit, independent, private 
     corporation.
       Aircraft Certification, Safety, and Accountability Act 
     [ACSAA].--The FAA is directed to provide all reports and 
     briefings that are mandated by ACSAA to the House and Senate 
     Committees on Appropriations. The agreement directs the FAA 
     to notify the House and Senate Committees on Appropriations 
     of any significant difference identified by the GAO report 
     GAO-22-104480 between the U.S. and the European Union in 
     approving new designs of commercial transport airplanes that 
     warrant changes to the FAA's processes.
       Aircraft certification.--The agreement provides not less 
     than $320,457,000 for aircraft certification service, and the 
     FAA may use these funds to ensure the certification and 
     safety of products and technologies that could reduce noise 
     and emissions worldwide. The agreement expects the FAA to 
     continue its efforts on training safety oversight personnel 
     involved in the certification process through opportunities 
     for knowledge-sharing, including demonstration projects, 
     between the FAA and industry, and access to the FAA 
     training for the FAA employees and other individuals 
     performing oversight work on behalf of the agency.
       Commercial space operations.--The agreement includes 
     $37,854,000, an increase of $5,384,000 above the fiscal year 
     2022 enacted level, and includes up to 40 new positions for 
     launch and reentry licensing activities and human spaceflight 
     activities. The agreement directs the FAA to report within 90 
     days of enactment of this act to the House and Senate 
     Committees on Appropriations on its efforts to integrate 
     commercial space operations into the national airspace system 
     [NAS], data on delays to commercial airline flights resulting 
     from commercial space operations, and an evaluation of the 
     impact of commercial space operations on the environment and 
     communities.
       Community engagement and noise.--The agreement includes the 
     requested increase of $1,308,000 and four new positions for 
     community engagement to address aviation noise

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     issues, including funding for technical and analytical 
     support services to help address noise issues for communities 
     that may not have such expertise themselves. The FAA should 
     place retiring air traffic controllers in positions that can 
     provide the necessary technical expertise to noise impacted 
     communities.
       Contract towers.--The agreement provides not less than 
     $187,800,000 for the contract tower program, and directs the 
     FAA to continue to operate all contract towers currently in 
     the program and to expeditiously add qualified eligible 
     airports. The agreement also directs the FAA to provide 
     flexibility to contract towers at small-hub airports with 
     unique terrain and winter weather challenges so that each 
     contract tower includes a minimum of two controllers during 
     all regularly scheduled commercial flights, where permissible 
     under current law.
       Contracting.--The agreement urges the FAA to close all open 
     recommendations from the Office of Inspector General report 
     ZA2020020 and directs the FAA to brief the House and Senate 
     Committees on Appropriations on any open recommendations from 
     the Office of the Inspector General report ZA2017098.
       Cybersecurity.--The agreement includes the requested 
     increase of $24,926,000 and 26 new positions for 
     cybersecurity.
       FAA public hearing.--The agreement notes that the recent 
     proposal to modify the condor 1 and condor 2 military 
     operating areas has been withdrawn. However, the agreement 
     remains concerned with any potential proposals to modify 
     these military operating areas and encourages the FAA to work 
     with its partner agencies by holding a public hearing with 
     representatives from the relevant Federal agencies in western 
     Maine if any such proposal is issued. Should any similar 
     proposal be issued, the agreement directs the FAA to report 
     to the House and Senate Committees on Appropriations prior to 
     the issuance of a record of decision regarding any 
     modification of the condor 1 and condor 2 military operations 
     areas that includes a summary of any public meetings and 
     hearings and a list of the comments, questions, and responses 
     presented at these meetings and hearings.
       Helicopter safety.--The FAA is expected to respond to and 
     address all National Transportation Safety Board [NTSB] 
     recommendations from the final report on the December 26, 
     2019 air tour helicopter crash in Kekaha, Hawaii. The FAA is 
     also strongly urged to develop a cue-based training program 
     for commercial air tour pilots in Hawaii that specifically 
     addresses hazardous aspects of local weather phenomena and 
     inflight decision-making.
       The agreement also continues to provide $5,000,000 for 
     efforts to improve helicopter safety and directs the FAA to 
     brief the House and Senate Committees on Appropriations 
     within 120 days of enactment of this act on an execution 
     strategy, including program structure, phased plan, schedule 
     with milestones, deliverables, and barriers to completion.
       Infill radar.--The agreement directs the FAA to provide a 
     briefing the House and Senate Committees on Appropriations on 
     efforts to certify infill radar for use in the NAS to 
     mitigate wind farm interference on the North American 
     aerospace defense command's radars and the FAA ATC radars as 
     soon as possible.
       Mitigating radar gaps for high-traffic airports.--The FAA 
     shall brief the House and Senate Committees on Appropriations 
     on the feasibility and challenges of increasing staffing and/
     or providing terminal radar approach control facility 
     services at airports in the mountain west where fire 
     management air traffic contributes to airspace congestion and 
     where inadequate radar coverage is limiting airport capacity 
     for commercial, military, and fire management air traffic.
       Radio altimeters and 5G.--The FAA is directed to 
     immediately notify Congress of any anticipated disruptions to 
     the aviation system due to further implementation of 5G and 
     to continue its collaboration with other Federal agencies and 
     industry stakeholders to mitigate disruptions caused by the 
     5G rollout in order to maintain a safe and efficient national 
     airspace as additional telecommunications companies deploy 
     5G. These efforts should be achieved in a mutually beneficial 
     and reasonable timeline that accounts for unpredictable 
     contingencies.
       The agreement directs the FAA to continue altimeter 
     research and support voluntary forums with industry partners 
     in order to establish new performance standards that consider 
     the future of 5G, 6G, 7G, and beyond. The agreement directs 
     the FAA to brief the House and Senate Committees on 
     Appropriations on its assessment of current radio altimeter 
     technologies, including filters and other redesigns to reduce 
     their susceptibility to potential 5G interference, and the 
     extent to which such technologies can accommodate all future 
     desired uses of C-band spectrum adjacent to the radar 
     altimeter band. The FAA's assessment should be based on 
     feedback from airlines, airports, the telecommunications 
     industry, and radio altimeter manufacturers on the limits of 
     current technologies, the need for future research, the 
     extent to which industry is already investing in such 
     research, and any research and development activities that 
     the FAA can conduct and/or sponsor to prepare for 6G, 7G, and 
     beyond.
       Small unmanned aircraft systems [UAS] procurement.--For any 
     acquisition of small UAS using funds provided by the FAA, 
     including those to Federal grant recipients, the FAA should 
     require certification of review of the Department of Homeland 
     Security [DHS] industry alert, and any subsequent and 
     relevant UAS guidance, and completion of a risk assessment 
     that considers the proposed use of the foreign-made UAS. The 
     agreement directs the FAA to regularly brief the House and 
     Senate Committees on Appropriations, on an as needed basis, 
     on any security risks or challenges identified by either 
     agency from any small UAS or UAS components.
       Spaceports.--Not more than 180 days after the submission of 
     the report to Congress required by section 580 of the FAA 
     Authorization Act of 2018 on national spaceports policy, the 
     FAA shall submit an assessment to the House and Senate 
     Committees on Appropriations of the effectiveness and 
     suitability of existing infrastructure grant programs at the 
     DOT and other Federal agencies that could be used for 
     spaceports in a manner consistent with the section 580 
     report.
       Special use airspace.--The agreement directs the FAA to 
     continue its efforts to improve airspace sharing with the 
     Department of Defense [DOD] for special use airspace.
       Strengthen aviation safety oversight.--The agreement 
     provides the requested increase of $11,397,000 and 110 new 
     positions to help the FAA keep pace with a growing number of 
     safety issues, including oversight of air carrier aircraft 
     maintenance, general aviation repair facilities, and contract 
     towers, as well as the growing role of the FAA's medical 
     officers.
       Technical operations.--Within the air traffic organization, 
     the agreement includes the requested level of funding for 
     technical operations to ensure a sufficient number of 
     personnel with the appropriate skill mix to keep facilities 
     and equipment in working order.
       UAS beyond visual line of sight [BVLOS].--Instead of the 
     requirement in House Report 117-402 to provide a BVLOS 
     rulemaking plan no later than October 1, 2022, the agreement 
     directs the FAA to engage with UAS stakeholders to inform 
     them of its proposed UAS BVLOS rulemaking schedule, the 
     challenges associated with this rulemaking, and any 
     differences between the proposed rulemaking and the BVLOS 
     aviation rulemaking committee's [ARC's] recommendations. The 
     agreement also directs the FAA to brief the House and Senate 
     Committees on Appropriations within 60 days of enactment of 
     this act on: (1) its plans to align policies that do not 
     require rulemaking, including issuance of waivers, with the 
     proposals recommended in the BVLOS ARC report; and (2) its 
     plans to issue guidance providing accelerated pathways to 
     enable low-altitude operations under existing rules, such as 
     standard scenarios or pre-defined risk assessments.
       UAS test sites.--The agreement includes $6,000,000 for 
     providing matching funds to commercial entities that contract 
     with an FAA-designated UAS test site.
       Unfinished rulemaking.--The agreement directs the FAA to 
     brief the House and Senate Committees on Appropriations on 
     the unfinished rulemaking related to the safety of foreign 
     repair stations and the rulemaking required by section 102 of 
     the ACSAA within 30 days of enactment of this act. The 
     rulemaking required by section 102 of the ACSAA is expected 
     to be scalable and flexible for operations of various sizes, 
     and expected to include specifics on how it can be 
     implemented.
       Workforce diversity.--Of the amount provided for staff 
     offices, the agreement includes not less than $5,000,000 for 
     the minority serving institutions internship program, which 
     the FAA should continue to grow and manage in a cost-
     effective manner.


                        FACILITIES AND EQUIPMENT

                    (AIRPORT AND AIRWAY TRUST FUND)

       The agreement provides $2,945,000,000 for facilities and 
     equipment. Of the total amount available, $570,000,000 is for 
     personnel and related expenses and available until September 
     30, 2024; $2,221,200,000 is available until September 30, 
     2025; and $153,800,000 is for terminal facilities and 
     available until September 30, 2027. The FAA is expected to 
     make sound investment decisions and report to the House and 
     Senate Committees on Appropriations on any major cost 
     overruns or delays.
       The table below provides allocations of funds for FAA 
     facilities and equipment from the IIJA for fiscal year 2023, 
     which are subject to section 405 of this act:

      Allocation of Funds for FAA Facilities and Equipment from the
        Infrastructure Investment and Jobs Act--Fiscal Year 2023
------------------------------------------------------------------------
Activity 2--Air Traffic Control Facilities and Equipment
------------------------------------------------------------------------
Air Route Traffic Control Center [ARTCC] & Combined          $45,000,000
 Control Facility [CCF] Building Improvements...........
Air Traffic Control En Route Radar Facilities                  1,000,000
 Improvements...........................................
Activity 3--Non-Air Traffic Control Facilities and        ..............
 Equipment..............................................
Terminal Air Traffic Control Facilities--Replace........     510,000,000
Air Traffic Control Tower [ATCT]/Terminal Radar Approach     147,000,000
 Control [TRACON] Facilities--Improve...................
Unstaffed Infrastructure Sustainment and Real Property        52,000,000
 Disposition............................................
Electrical Power Systems--Sustain/Support and Fuel           148,000,000
 Storage Tank Replacement and Management................
Activity 4--Facilities and Equipment Mission Support....  ..............
Hazardous Materials Management and NAS Facilities OSHA        36,000,000
 and Environmental Standards Compliance.................
Facility Security Risk Management.......................       1,000,000
Activity 5--Personnel and Related Expenses..............      60,000,000
                                                         ---------------
    Total, IIJA.........................................   1,000,000,000
------------------------------------------------------------------------

       The table below provides details by activity for FAA 
     facilities and equipment from funds made available under this 
     heading in this act:

[[Page S9329]]



------------------------------------------------------------------------
               Facilities and Equipment                    Agreement
------------------------------------------------------------------------
Activity 1--Engineering, Development, Test and
 Evaluation
  Advanced Technology Development and Prototyping....        $24,300,000
  William J. Hughes Technical Center Laboratory               16,900,000
   Sustainment.......................................
  William J. Hughes Technical Center Infrastructure           15,000,000
   Sustainment.......................................
  NextGen--Separation Management Portfolio...........         17,000,000
  NextGen--Traffic Flow Management Portfolio.........         15,000,000
  NextGen--On Demand NAS Portfolio...................          8,500,000
  NextGen--NAS Infrastructure Portfolio..............         20,850,000
  NextGen Support Portfolio..........................          5,000,000
  NextGen--Unmanned Aircraft Systems [UAS]...........         13,000,000
  NextGen--Enterprise, Concept Development, Human             11,000,000
   Factors, & Demonstrations Portfolio...............
                                                      ------------------
    Total, Activity 1................................        146,550,000
Activity 2--Air Traffic Control Facilities and
 Equipment
a. En Route Programs
  En Route Automation Modernization [ERAM]--System           108,150,000
   Enhancements and Tech Refresh.....................
  Next Generation Weather Radar [NEXRAD].............          3,000,000
  Air Route Traffic Control Center [ARTCC] & Combined         81,700,000
   Control Facility [CCF] Building Improvements......
  Air/Ground Communications Infrastructure...........          9,400,000
  Air Traffic Control En Route Radar Facilities                6,700,000
   Improvements......................................
  Oceanic Automation System..........................         12,250,000
  Next Generation Very High Frequency Air/Ground              57,000,000
   Communications [NEXCOM]...........................
  System-Wide Information Management.................         10,200,000
  ADS-B NAS Wide Implementation......................        155,200,000
  Windshear Detection Service........................          3,200,000
  Air Traffic Management Implementation Portfolio....          7,400,000
  Time Based Flow Management Portfolio...............         21,300,000
  NextGen Weather Processor..........................         30,700,000
  Data Communications in Support of NextGen Air              103,050,000
   Transportation System.............................
  Offshore Automation................................         48,000,000
  Reduced Oceanic Separation.........................          2,050,000
  En Route Service Improvements......................          1,000,000
  Commercial Space Integration.......................          5,000,000
                                                      ------------------
    Subtotal, En Route Programs......................        665,300,000
b. Terminal Programs
  Terminal Doppler Weather Radar [TDWR]--Provide.....          1,000,000
  Standard Terminal Automation Replacement System             68,000,000
   [STARS] [TAMR Phase 1]............................
  Terminal Automation Program........................          3,000,000
  Terminal Air Traffic Control Facilities--Replace...        100,000,000
  ATCT/Terminal Radar Approach Control [TRACON]               53,800,000
   Facilities--Improve...............................
  NAS Facilities OSHA and Environmental Standards             24,200,000
   Compliance........................................
  Integrated Display System [IDS]....................         52,000,000
  Terminal Flight Data Manager [TFDM]................         61,800,000
  Performance Based Navigation Support Portfolio.....          8,000,000
  Unmanned Aircraft Systems [UAS] Implementation.....          5,000,000
  Airport Ground Surveillance Portfolio..............         18,000,000
  Terminal and EnRoute Surveillance Portfolio........        113,000,000
  Terminal and EnRoute Voice Switch and Recorder              40,100,000
   Portfolio.........................................
  Enterprise Information Platform....................          9,000,000
  Remote Towers......................................          3,000,000
                                                      ------------------
    Subtotal, Terminal Programs......................        559,900,000
c. Flight Service Programs
  Aviation Surface Observation System [ASOS].........         10,000,000
  Future Flight Services Program.....................          1,500,000
  Alaska Flight Service Facility Modernization                 2,700,000
   [AFSFM]...........................................
  Juneau Airport Wind System [JAWS]--Technology                  500,000
   Refresh...........................................
  Weather Camera Program.............................          1,200,000
                                                      ------------------
    Subtotal, Flight Service Programs................         15,900,000
d. Landing and Navigational Aids Program
  Very High Frequency [VHF] Omnidirectional Radio              7,100,000
   Range [VOR] Minimum Operating Network [MON].......
  Wide Area Augmentation System [WAAS] for GPS.......         91,800,000
  Instrument Flight Procedures Automation [IFPA].....          3,600,000
  Runway Safety Areas--Navigational Mitigation.......          2,500,000
  Landing and Lighting Portfolio.....................         72,900,000
  Distance Measuring Equipment [DME], Very High               10,000,000
   Frequency [VHF] Omni-Directional Range [VOR],
   Tactical Air Navigation [TACAN] [DVT] Sustainment
   Portfolio.........................................
                                                      ------------------
    Subtotal, Landing and Navigational Aids Programs.        187,900,000
e. Other ATC Facilities Programs
  Fuel Storage Tank Replacement and Management.......         26,200,000
  Unstaffed Infrastructure Sustainment...............         45,300,000
  Aircraft Replacement and Related Equipment Program.         46,200,000
  Airport Cable Loop Systems--Sustained Support......         10,000,000
  Alaskan Satellite Telecommunications Infrastructure            500,000
   [ASTI]............................................
  Real Property Disposition..........................          4,500,000
  Electrical Power Systems--Sustain/Support..........        110,000,000
  Energy Management and Compliance [EMC].............          6,900,000
  Child Care Center Sustainment......................          1,200,000
  FAA Telecommunications Infrastructure..............         69,000,000
  Operational Analysis and Reporting Systems.........          6,100,000
                                                      ------------------
    Subtotal, Other ATC Facilities Programs..........        325,900,000
                                                      ==================
    Total, Activity 2................................      1,754,900,000
Activity 3--Non-Air Traffic Control Facilities and
 Equipment
a. Support Equipment
  Hazardous Materials Management.....................         24,300,000
  Aviation Safety Analysis System [ASAS].............         28,200,000
  National Air Space [NAS] Recovery Communications            12,000,000
   [RCOM]............................................
  Facility Security Risk Management..................         14,000,000
  Information Security...............................         23,000,000
  System Approach for Safety Oversight [SASO]........         26,700,000
  Aviation Safety Knowledge Management Environment            12,000,000
   [ASKME]...........................................
  Aerospace Medical Equipment Needs [AMEN]...........          2,200,000
  NextGen System Safety Management Portfolio.........         17,000,000
  National Test Equipment Program....................          3,000,000
  Mobile Assets Management Program...................          1,900,000
  Aerospace Medicine Safety Information Systems                       --
   [AMSIS]...........................................
  Configuration, Logistics, and Maintenance Resource          19,700,000
   Solutions [CLMRS].................................
                                                      ------------------
    Subtotal, Support Equipment......................        184,000,000
b. Training, Equipment and Facilities
  Aeronautical Center Infrastructure Sustainment.....         20,000,000
  Distance Learning..................................         17,200,000
                                                      ------------------
    Subtotal, Training, Equipment and Facilities.....         37,200,000
                                                      ==================
    Total, Activity 3................................        221,200,000
Activity 4--Facilities and Equipment Mission Support
  System Engineering and Development Support.........         38,000,000
  Program Support Leases.............................         45,000,000
  Logistics and Acquisition Support Services.........         12,000,000
  Mike Monroney Aeronautical Center Leases...........         16,000,000
  Transition Engineering Support.....................         19,000,000
  Technical Support Services Contract [TSSC].........         28,000,000
  Resource Tracking Program [RTP]....................          8,000,000
  Center for Advanced Aviation System Development             57,000,000
   [CAASD]...........................................
  Aeronautical Information Management Program........         29,350,000
                                                      ------------------
    Total, Activity 4................................        252,350,000
Activity 5--Personnel and Related Expenses
  Personnel and Related Expenses.....................        570,000,000
                                                      ------------------
    Total, All Activities............................      2,945,000,000
------------------------------------------------------------------------

       Terminal air traffic control facilities--replace.--The 
     agreement directs the FAA to continue working to address 
     aging and antiquated air traffic control facilities that it 
     leases from airport authorities to ensure they are fully 
     compliant with current building codes consistent with being 
     occupied by air traffic controllers. The agreement directs 
     the FAA to consider creative financing options and to include 
     consideration of long-term cost recovery leases, when 
     conditions warrant the construction of new air traffic 
     control towers. Funding above the budget request is for the 
     purposes and amounts specified in the table entitled 
     ``Community Project Funding/Congressionally Directed 
     Spending'' [CPF/CDS] included in this joint 
     explanatory statement. CPF/CDS funding shall not diminish 
     or prejudice the application of a specific airport or 
     geographic region to receive other discretionary grants or 
     multi-year letters of intent.
       Standard terminal automation replacement system [STARS].--
     The FAA may consider including funding for STARS enhancements 
     2 and multi-platform ATC re-hosting solutions display 
     platform advancements upon conducting an investment analysis 
     to determine the most optimal solution.
       Landing and lighting portfolio.--The agreement includes 
     $72,900,000 and supports the FAA's work to modernize and 
     enhance navigation aids [NavAids] monitoring and control 
     capabilities in air traffic control towers. The agreement 
     includes $10,000,000 for instrument landing systems and 
     $10,000,000 for precision approach path indicators. The FAA 
     shall train existing technical staff and hire additional 
     staff if necessary to install these critical systems. The FAA 
     may use established contractors to augment FAA resources if 
     necessary. The FAA should also refresh the software and 
     technology of NavAids control and monitoring systems, which 
     provide real time, mission critical capabilities, and enhance 
     situational awareness, safety, and efficiency in managing air 
     traffic.
       Military operations areas.--Radar and future NextGen 
     systems capable of controlling airspace down to 500 feet 
     above ground level enhances aviation safety in military 
     operations areas that overlay public use airports. The 
     agreement recommends that the FAA utilize existing resources 
     to promptly provide radar or NextGen capability in areas with 
     more than 5,000 operations per year.
       Air/ground communications infrastructure.--The agreement 
     provides $1,600,000 above the budget request for 
     infrastructure in mountainous terrain that will enable 
     continuous radio communication between the pilots of low-
     flying tour flights and ground support personnel, as well as 
     infrastructure improvements needed to improve coverage in 
     mountainous terrain.
       Weather camera program.--The FAA is expected to 
     expeditiously install all weather cameras previously funded 
     for Hawaii, provide access to the real-time imagery from 
     these weather cameras to the general public, and equip its 
     flight service station specialists with the technical 
     capabilities and training to provide verbal preflight and en 
     route briefings.
       Aerospace medicine safety information system [AMSIS].--The 
     agreement does not include any funding for the AMSIS. The 
     agreement directs the FAA to reprogram up to $9,300,000 for 
     distance learning for the tower training simulators from the 
     unobligated balances previously appropriated under this 
     heading for AMSIS.
       Distance learning.--The agreement provides $17,200,000 for 
     distance learning, of which $15,400,000 is for tower 
     simulation systems, $1,000,000 is for distance learning, and 
     $800,000 is for the safety and technical education platform.


                 RESEARCH, ENGINEERING, AND DEVELOPMENT

                    (AIRPORT AND AIRWAY TRUST FUND)

       The agreement provides $255,000,000 for the FAA's research, 
     engineering, and development activities, to remain available 
     until September 30, 2025.
       The following table provides details by program:

------------------------------------------------------------------------
         Research, Engineering, and Development              Agreement
------------------------------------------------------------------------
Fire Research and Safety................................      $7,136,000
Propulsion and Fuel Systems.............................       3,000,000
Advanced Materials /Structural Safety...................      14,720,000
Aircraft Icing..........................................       2,472,000
Digital System Safety...................................       3,689,000
Continued Air Worthiness................................       8,829,000
Flight deck/Maintenance/System Integration Human Factors      14,301,000
System Safety Management/Terminal Area Safety...........       9,252,000
Air Traffic Control/Technical Operations Human Factors..       5,911,000
Aeromedical Research....................................       9,000,000
Weather Program.........................................      13,786,000
Unmanned Aircraft Systems Research......................      22,077,000
Alternative Fuels for General Aviation..................      10,000,000
Commercial Space Transportation Safety..................       4,708,000
Wake Turbulence.........................................       3,728,000
NextGen--Weather Technology in the Cockpit..............       4,000,000
Information/Cyber Security..............................       4,769,000
Environment and Energy..................................      21,000,000
NextGen--Environmental Research--Aircraft Technologies        68,000,000
 and Fuels..............................................
System Planning and Resource Management.................       4,141,000
Aviation Workforce Development--Section 625.............      15,000,000
William J. Hughes Technical Center Laboratory Facilities       5,481,000
                                                         ---------------
    Total...............................................     255,000,000
------------------------------------------------------------------------

       Advanced materials/structural safety.--The agreement 
     includes $14,720,000 for advanced materials/structural 
     safety, of which: (1) $6,000,000 is to advance the use of 
     these new additive materials (both metallic and non-metallic 
     based additive processes) in the commercial aviation 
     industry; (2) $4,000,000 is to advance the use of fiber 
     reinforced composite materials in the commercial aviation 
     industry through the FAA joint advanced materials and 
     structures center of excellence; and (3) $2,000,000 is for 
     the FAA to continue its work with existing public-private 
     partnerships that provide leading-edge research, development, 
     and testing of composite materials and structures.
       Aviation emissions and noise.--The agreement includes 
     $21,000,000 for environment and energy, of which $7,500,000 
     is to conduct research within the aviation sustainability 
     center [ASCENT] center of excellence [COE]. The agreement 
     includes $68,000,000 for NextGen-Environmental Research-
     Aircraft

[[Page S9330]]

     Technologies and Fuels, of which $26,565,000 is for ASCENT 
     and $38,000,000 is for the continuous lower energy, 
     emissions, and noise [CLEEN] program.The agreement directs 
     the FAA to prioritize research related to sustainable 
     aviation fuels [SAFs] and certification of SAFs, and expects 
     this research to help identify and overcome key barriers to 
     entry to the SAF market.
       Aviation workforce development programs.--Within amounts 
     for the section 625 program, the agreement provides 
     $10,000,000 for the aviation maintenance workforce and 
     $5,000,000 for the aircraft pilot workforce. Funds provided 
     for aircraft pilot workforce should be prioritized 
     for applicants that can increase the number of pilots 
     across the aviation industry, including commercial 
     service.
       UAS research.--The agreement includes $22,077,000 for UAS 
     research. Of this amount: (1) $12,000,000 is directed to 
     support the expanded role of the UAS COE in areas of UAS 
     research, including cybersecurity, agricultural applications, 
     beyond visual line of sight technology, studies of advanced 
     composites and other non-metallic engineering materials not 
     common to manned aircraft but utilized in UAS, the STEM 
     program, and to continue efforts with the UAS safety 
     standards for UAS and to develop and validate certification 
     standards for such systems; (2) $2,000,000 for the Center's 
     role in transportation disaster preparedness and response, 
     partnering with institutions that have demonstrated 
     experience in damage assessment, collaboration with state 
     transportation agencies, and applied UAS field testing; and 
     (3) $8,000,000 is to support UAS research activities at the 
     FAA technical center and other FAA facilities.
       Alternative fuels for general aviation.--The agreement 
     directs the FAA to prioritize funding to the testing and 
     identification of unleaded fuels that can be safely used in 
     piston-engine aircraft fleet. The agreement directs the FAA 
     to prioritize the identification and testing of unleaded 
     replacement fuels that are viable candidates for fleet 
     authorization and to brief the House and Senate Committees on 
     Appropriations within 120 days of enactment of this act on 
     the progress it has made on these pending applications. The 
     FAA is expected to move forward expeditiously on a rulemaking 
     triggered by the Environmental Protection Agency's [EPA's] 
     endangerment finding for lead emissions from aircraft engines 
     that operate on leaded fuel.
       Safety systems management/terminal area safety.--The 
     agreement encourages the FAA to conduct research on the 
     development, collection, and maintenance of safety critical 
     data for vertical flight operations, infrastructure, and 
     technology concepts using subject matter experts and 
     laboratory facilities at the FAA's William J. Hughes 
     technical center. This research should include a revised 
     heliport/vertiport facility obstruction policy, development 
     of geospatial data standards, which define a data model for 
     accuracy, standards, and maintenance updates, as well as 
     instrument flight procedure development, automation, 
     simulation and flight test data collection and evaluation, 
     and technologies to support safer low-altitude operations.


                       GRANTS-IN-AID FOR AIRPORTS

                (LIQUIDATION OF CONTRACT AUTHORIZATION)

                      (LIMITATION ON OBLIGATIONS)

                    (AIRPORT AND AIRWAY TRUST FUND)

                     (INCLUDING TRANSFER OF FUNDS)

       The agreement provides an obligation limitation of 
     $3,350,000,000 and a liquidating cash appropriation of 
     $3,350,000,000, to remain available until expended. Within 
     the obligation limitation, the agreement provides not less 
     than $137,372,000 for administrative expenses, $15,000,000 
     for the airport cooperative research program, $40,828,000 for 
     airport technology research, and $10,000,000 for the small 
     community air service development program.
       Airport technology.--Of the amount for airport technology 
     research, $6,000,000 is for the airfield pavement technology 
     program authorized under section 744 of Public Law 115-254, 
     of which $3,000,000 is for concrete pavement research and 
     $3,000,000 is for asphalt pavement research.
       Airport improvement program [AIP] formula.--The agreement 
     directs the FAA to consider the full range of flight 
     activities (such as flight training, air cargo, emergency 
     response, pilot training, etc.) and associated metrics when 
     considering AIP discretionary grants.
       Boarding bridges.--The agreement continues to direct the 
     FAA to consult with the U.S. Trade Representative [USTR] and 
     the U.S. Attorney General to develop, to the extent 
     practicable, a list of entities that: (1) are a foreign 
     state-owned enterprise that is identified by the USTR in the 
     report required by subsection (a)(1) of section 182 of the 
     Trade Act of 1974 (Public Law 93-618) and subject to 
     monitoring by the USTR under section 306 of the Trade Act of 
     1974; and (2) have been determined by a Federal court, after 
     exhausting all appeals, to have misappropriated intellectual 
     property or trade secrets from an entity organized under the 
     laws of the United States or any jurisdiction within the 
     United States. The FAA shall make such list available to the 
     public and work with the USTR, to the extent practicable, to 
     utilize the system for award management database to exclude 
     such entities from being eligible for Federal non-procurement 
     awards. The FAA is expected to notify the House and Senate 
     Committees on Appropriations of any significant challenges 
     the agency faces in completing these actions.
       Burdensome regulations.--The FAA should continue to 
     identify opportunities to eliminate unnecessary regulations 
     and streamline burdensome regulations and identify areas 
     where more autonomy can be given to local jurisdictions with 
     a better understanding of needs and challenges in building 
     and maintaining infrastructure.
       National plan of integrated airport systems [NPIAS].--The 
     agreement directs the FAA to expeditiously review requests 
     for entry into the NPIAS. Public-use airports that meet all 
     applicable criteria and which have had significant and 
     material investment from their local communities should be 
     included in the NPIAS.
       Noise.--The agreement directs the FAA to ensure that AIP 
     funds are made available to reduce the impact of noise on 
     communities and on communities further from airports that 
     experience highly repetitive overflights.
       Transition plan to fluorine-free firefighting foam.--Not 
     later than 120 days after the date of the publication of the 
     new military specification [MIL-SPEC] for firefighting foam, 
     the FAA is directed to develop a transition plan for part 139 
     airports to use the MIL-SPEC. In addition to the requirements 
     for the transition plan in House Report 117-402, the FAA 
     shall also provide airports information on any supplemental 
     equipment needed to utilize approved MIL-SPEC products.


                       GRANTS-IN-AID FOR AIRPORTS

       The agreement provides $558,555,000 in new budget authority 
     for additional discretionary grants for airport construction 
     projects, of which $283,555,000 is for Community Project 
     Funding/Congressionally Directed Spending included in this 
     joint explanatory statement. Funding allocated for Community 
     Project Funding/Congressionally Directed Spending shall not 
     diminish or prejudice the application of a specific airport 
     or geographic region to receive other AIP discretionary 
     grants or multi-year letters of intent.
       Voluntary airport low emissions [VALE] program.--The 
     agreement expects the FAA to engage with airport sponsors at 
     major hubs to identify projects suitable for the VALE 
     program.


       ADMINISTRATIVE PROVISIONS--FEDERAL AVIATION ADMINISTRATION

       Section 110 allows no more than 600 technical staff-years 
     at the center for advanced aviation systems development.
       Section 111 prohibits funds for adopting guidelines or 
     regulations requiring airport sponsors to provide FAA 
     ``without cost'' building construction or space.
       Section 112 allows reimbursement for fees collected and 
     credited under 49 U.S.C. 45303.
       Section 113 allows reimbursement of funds for providing 
     technical assistance to foreign aviation authorities to be 
     credited to the operations account.
       Section 114 prohibits funds for Sunday premium pay unless 
     work was actually performed on a Sunday.
       Section 115 prohibits funds from being used to buy store 
     gift cards with government issued credit cards.
       Section 116 requires the administrator to block the 
     identifying information of an owner or operator's aircraft in 
     any flight tracking display to the public upon the request of 
     an owner or operator.
       Section 117 prohibits funds for salaries and expenses of 
     more than nine political and Presidential appointees in the 
     FAA.
       Section 118 prohibits funds to increase fees under 49 
     U.S.C. 44721 until the FAA provides a report to the House and 
     Senate Committees on Appropriations that justifies all fees 
     related to aeronautical navigation products and explains how 
     such fees are consistent with executive order no. 13642.
       Section 119 requires the FAA to notify the House and Senate 
     Committees on Appropriations at least 90 days before closing 
     a regional operations center or reducing the services 
     provided.
       Section 119A prohibits funds from being used to change 
     weight restrictions or prior permission rules at Teterboro 
     Airport in New Jersey.
       Section 119B prohibits funds from being used to withhold 
     from consideration and approval certain application for 
     participation in the contract tower program, or for certain 
     reevaluations of cost-share program participation.
       Section 119C prohibits funds from being used to open, 
     close, redesignate, or reorganize a regional office, the 
     aeronautical center, or the technical center subject to the 
     normal reprogramming requirements outlined under section 405 
     of this act.
       Section 119D improves the efficiency of the FAA franchise 
     fund.
       Section 119E provides restrictions on the use of the 
     authorities under 49 U.S.C. 44502(e) to transfer certain air 
     traffic system or equipment to the FAA.
       Section 119F allows the transfer of funds from the 
     ``Grants-in-Aid for Airports'' account to reimburse airports 
     affected by temporary flight restrictions for residences of 
     the president.

                     Federal Highway Administration


                 limitation on administrative expenses

                          (highway trust fund)

                     (including transfer of funds)

       The agreement limits obligations for the administrative 
     expenses of the Federal Highway Administration [FHWA] to 
     $476,783,991,

[[Page S9331]]

     of which $3,248,000 is for the administrative expenses of the 
     Appalachian Regional Commission.


                          federal-aid highways

                      (limitation on obligations)

                          (highway trust fund)

       The agreement limits obligations for the Federal-aid 
     highways program to $58,764,510,674 in fiscal year 2023.
       Implementation plan.--The agreement directs the FHWA to 
     brief the House and Senate Committees on Appropriations on 
     the implementation plan for conducting the research outlined 
     in the transportation research board's truck size and weight 
     research plan within 30 days of enactment of this act.
       Emergency relief manual.--The agreement directs the FHWA to 
     provide an update to the House and Senate Committees on 
     Appropriations within 30 days of enactment of this act on the 
     status of implementation and a timeline for completion, and 
     every 30 days thereafter, until the emergency relief manual 
     is updated, as required by section 11519 of the IIJA.
       Resilient infrastructure.--The agreement directs the FHWA 
     to continue to prioritize research, development, deployment, 
     and demonstrations of new and proven technologies that could 
     make infrastructure systems more resilient.
       Electric vehicle [EV] charging infrastructure.--In granting 
     exemptions from the Joint Office of Energy and 
     Transportation's [Joint Office's] requirements for EV 
     charging infrastructure deployment, the agreement directs the 
     Joint Office to consider the estimated volume of customers at 
     a proposed charging site. The agreement directs the Joint 
     Office to coordinate with stakeholders to ensure the 
     exemption process is transparent, user-friendly, efficient, 
     and accounts for the unique needs of rural areas. The 
     agreement also directs the FHWA to clarify the eligibility of 
     infrastructure for wireless charging, such as inductive 
     charging, under 23 U.S.C. 151(f).
       The agreement directs the Joint Office to carry out a 
     nationwide assessment of EV charging infrastructure in 
     underserved and disadvantaged communities, including urban, 
     rural, and suburban areas. The Joint Office shall provide a 
     briefing not later than 90 days after enactment of this act 
     to the House and Senate Committees on Appropriations on the 
     methodology that will be used to obtain information provided 
     in the assessment, and shall release the assessment on a 
     publicly accessible website within 1 year of enactment of 
     this act. The Joint Office may coordinate the assessment with 
     the electric vehicle working group established under section 
     25006 of the IIJA.
       The agreement also directs the Joint Office to brief the 
     House and Senate Committees on Appropriations on: (1) the 
     extent to which funding from the IIJA for EV charging 
     infrastructure will be beneficial to underserved communities, 
     disadvantaged communities, and individuals living in multi-
     family or affordable housing; and (2) the extent to which 
     community input and stakeholder engagement will be considered 
     in the deployment of EV charging infrastructure.
       Categorical exclusions [CE].--The agreement directs the 
     FHWA to work with stakeholders, including state DOTs, to 
     determine how to best minimize the bureaucratic burdens of 
     the CE qualification process.
       Appalachian development highway system [ADHS].--The 
     agreement continues to direct the FHWA to submit the report 
     required by the joint explanatory statement accompanying the 
     fiscal year 2022 Consolidated Appropriations Act on ADHS.
       Greenhouse gas [GHG] emissions.--The agreement directs the 
     Department to continue efforts to research, develop, promote, 
     and deploy materials that will help reduce lifecycle GHG 
     emissions.
       Interstate projects in the intermountain west.--The 
     agreement encourages the FHWA to work with state DOTs and 
     local governments to move forward on several projects in the 
     intermountain west, including I-10 improvements, I-11 
     construction, I-17 improvements, U.S. 95 expansion, the 
     North-South corridor study in Pinal County, and completion of 
     the Sonoran corridor.
       Wildlife crossings pilot program.--The agreement directs 
     the FHWA to provide technical assistance related to the 
     implementation of 23 U.S.C. 148(a)(4)(B)(xvii), as needed.
       Road maintenance on Indian land.--The agreement encourages 
     the Secretary of Transportation to work with the Secretary of 
     the Interior to provide a study addressing the deferred 
     maintenance backlog of existing roads on Indian land as 
     described in section 14006 of the IIJA. The agreement directs 
     the Secretary of Transportation to collaborate with the 
     Secretary of the Interior to: (1) issue a public update on 
     efforts to increase data accessibility on Tribal roads; and 
     (2) issue an update on progress in meeting the 
     recommendations from the report GAO-17-423.
       Use of funds.--The agreement directs the FHWA to continue 
     to engage with stakeholders, including state DOTs and local 
     governments, to clarify that the DOT is not seeking to 
     discourage projects that are eligible under current law and 
     will not penalize states that use highway formula funds for 
     projects eligible under current law. The agreement also 
     directs the Secretary to identify the extent to which the 
     authority under section 1420 of the Fixing America's Surface 
     Transportation [FAST] Act, as amended by section 11306 of the 
     IIJA, is used, including when such requests are denied and 
     the reason for any such denials, and report to the House and 
     Senate Committees on Appropriations within 30 days of 
     enactment of this act on its findings.


                (liquidation of contract authorization)

                          (highway trust fund)

       The agreement provides a liquidating cash appropriation of 
     $59,503,510,674, which is available until expended, to pay 
     the outstanding obligations of the various highway programs 
     at the levels provided in this act and prior appropriations 
     acts.


                    highway infrastructure programs

                     (including transfer of funds)

       The agreement provides $3,417,811,613 from the general 
     fund. Of the total amount, the bill provides $1,862,811,613 
     for Community Project Funding/Congressionally Designated 
     Spending for projects listed in the table at the end of this 
     joint explanatory statement in the corresponding amounts, 
     $100,000,000 for the ADHS, $40,000,000 for the nationally 
     significant Federal lands and Tribal projects program (of 
     which not less than $20,000,000 shall be set-aside for 
     projects in Tribal areas), $12,000,000 for the regional 
     infrastructure accelerator demonstration program, $20,000,000 
     for the national scenic byways program, $45,000,000 for the 
     active transportation infrastructure investment program, 
     $3,000,000 for the pollinator-friendly practices on roadsides 
     and highway rights-of-way program, $5,000,000 for cooperative 
     agreements on endangered salmon populations, $1,145,000,000 
     for a bridge replacement and rehabilitation program, 
     $15,000,000 to be transferred to the Northern Border Regional 
     Commission, $150,000,000 for PROTECT grants, as authorized 
     under 23 U.S.C. 176, and $20,000,000 to be transferred to the 
     Denali Commission.
       Nationally significant Federal lands and Tribal projects 
     [NSFLTP] program.--The agreement directs the FHWA to award 
     not less than 50 percent of the funds for the NSFLTP program 
     for projects on Tribal transportation facilities, consistent 
     with section 1123 of the FAST Act, as amended by section 
     11127 of the IIJA.
       National scenic byways program [NSBP].--The agreement 
     directs the FHWA to not include the preference for projects 
     that have a total cost of $500,000 or larger for the funds 
     provided for fiscal year 2023.


       administrative provisions--federal highway administration

       Section 120 distributes the Federal-aid highways program 
     obligation limitation.
       Section 121 allows funds received by the Bureau of 
     Transportation Statistics from the sale of data products to 
     be credited to the Federal-aid highways account.
       Section 122 provides requirements for any waiver of Buy 
     America Act requirements.
       Section 123 requires 60-day notification to the House and 
     Senate Committees on Appropriations for any INFRA grants 
     awarded under 23 U.S.C. 117, provided that such notification 
     shall be made no later than 180 days from the date of 
     enactment of this act.
       Section 124 allows state DOTs to repurpose certain highway 
     project funding within 25 miles of its original designation.

              Federal Motor Carrier Safety Administration


              motor carrier safety operations and programs

                (liquidation of contract authorization)

                      (limitation on obligations)

                          (highway trust fund)

       The bill includes a liquidation of contract authorization 
     and a limitation on obligations of $367,500,000 for the 
     operations and programs of the Federal Motor Carrier Safety 
     Administration [FMCSA]. Of this limitation, $14,073,000 is 
     for the research and technology program, and $63,098,000 is 
     for IT and information management [IM], to remain available 
     for obligation until September 30, 2025.
       IT and IM.--The agreement directs the FMCSA to report no 
     less than annually on the spending plans for the amounts 
     provided for IT and IM and to update the House and Senate 
     Committees on Appropriations about progress on modernizing 
     its legacy systems.
       Unlawful brokerage activities.--The agreement modifies the 
     reporting requirement in House Report 117-402 by also 
     requiring the FMCSA to identify safety concerns arising from 
     unlawful brokerage activities. Further, the agreement directs 
     the FMCSA to finalize the interim guidance issued on November 
     16, 2022 in the Federal Register on its interpretation of the 
     definitions of ``broker'' and ``bona fide agents'' as 
     required by section 23021 of the IIJA no later than June 16, 
     2023.
       Safe driver apprenticeship pilot [SDAP] program.--The 
     agreement directs the FMCSA to provide interim updates on the 
     SDAP program as directed and enumerated in House Report 117-
     402. If the FMCSA encounters data limitations, then the FMCSA 
     may provide alternative data or no data on certain enumerated 
     items in such interim updates and the FMCSA is directed to 
     explain such data limitations as part of such interim 
     updates.
       Border crossing capital improvement program [CIP].--The 
     agreement directs the FMCSA to include the current status of 
     the border crossing CIP in its annual budget request.


                      motor carrier safety grants

                (liquidation of contract authorization)

                      (limitation on obligations)

                          (highway trust fund)

       The bill includes a liquidation of contract authorization 
     and a limitation on obligations of $506,150,000 for motor 
     carrier safety grants.

[[Page S9332]]

       The bill provides the following funding levels for specific 
     activities within this account:

------------------------------------------------------------------------
 
------------------------------------------------------------------------
Motor carrier safety assistance program..............       $398,500,000
Commercial driver's license program implementation            42,650,000
 program.............................................
High priority activities program.....................         58,800,000
Commercial motor vehicle operators grant program.....          1,200,000
Commercial motor vehicle enforcement training and              5,000,000
 support grant program...............................
------------------------------------------------------------------------

 administrative provisions--federal motor carrier safety administration

       Section 130 requires the FMCSA to send notice of 49 CFR 
     section 385.308 violations by certified mail, registered 
     mail, or some other manner of delivery which records receipt 
     of the notice by the persons responsible for the violations.
       Section 131 requires the FMCSA to update inspection 
     regulations for rear underride guards as specified in GAO-19-
     264.
       Section 132 prohibits funds from being used to enforce the 
     electronic logging device rule with respect to carriers 
     transporting livestock or insects.

             National Highway Traffic Safety Administration


                        operations and research

       The agreement provides $210,000,000 from the general fund 
     for operations and research. The agreement directs the 
     National Highway Traffic Safety Administration [NHTSA] to 
     include the same level of detail as was included in the 
     fiscal year 2020 budget estimate in future budget estimates.
       New car assessment program [NCAP].--The agreement directs 
     the NHTSA to continue research to address gender inequity as 
     evidenced through available crash data so that NCAP can 
     transition to use the latest crash test dummy technology in 
     tests and can be periodically updated to enhance crash 
     protection to male and female occupants of different sizes. 
     The agreement directs the NHTSA to provide quarterly updates 
     to the House and Senate Committees on Appropriations upon 
     enactment of this act on its progress. The agreement further 
     directs the Secretary to submit to the House and Senate 
     Committees on Appropriations the report required under 
     section 24221(b) of the IIJA.
       Automated vehicles [AVs].--The agreement encourages the 
     NHTSA to use up to $9,000,000 of amounts from this account 
     for AV testing. The agreement directs the NHTSA to submit a 
     report within 90 days of enactment of this act on the status 
     of current research and rulemakings related to the safe 
     deployment of new AV technology that may improve safety 
     outcomes, and incorporate novel vehicle designs that improve 
     mobility and access for all.
       Virtual modeling and simulation.--The agreement directs up 
     to $3,500,000 to support the virtual review, assessment and 
     validation of AVs and increased coordination with the highly 
     automated systems safety COE.
       Causal factors of auto crashes.--The agreement modifies 
     direction under this heading in House Report 117-402 and 
     instead encourages the NHTSA to focus amounts made available 
     within this account on research on causal factors of auto 
     crashes, such as distracted driving, road conditions, and 
     congestion.
       Highway fatalities.--The agreement supports the use of 
     increased funding provided by the IIJA for the purposes of 
     reducing the growing number of traffic fatalities through 
     implementation of the national roadway safety strategy, 
     addressing all rulemaking mandates in the IIJA, and 
     addressing open NTSB recommendations.
       Digital alert technology.--The agreement supports the use 
     of digital alert technologies that can provide up-to-date 
     information about dynamic conditions on roads to drivers. The 
     NHTSA should deploy this technology with local law 
     enforcement in the field.
       Conspicuity tape.--The agreement urges the NHTSA to move 
     forward with rulemaking initiated in 2014 to improve 
     visibility of commercial trucks over 10,000 pounds by 
     requiring them to have reflective markings, consistent with 
     past NTSB recommendations.
       Partnership for analytics research in traffic safety.--The 
     agreement directs the NHTSA to continue its cooperative work 
     for analytics research in traffic safety and its focus on 
     real-world insights that can improve the performance of 
     advanced vehicle safety technologies.
       Spinal cord research.--The agreement directs the Department 
     to provide an update within 180 days of enactment of this act 
     to the House and Senate Committees on Appropriations on its 
     efforts to expand spinal cord research with outside 
     organizations.
       Transportation safety and human health.--The agreement 
     directs the NHTSA to partner with an accredited university of 
     higher education with a university hospital to conduct 
     research on the intersection of transportation safety and 
     human health, and to create evidence-based training programs 
     in order to reduce traffic crashes and improve transportation 
     safety. The agreement directs the NHTSA to use up to 
     $3,000,000 from the amounts made available under the heading 
     ``Vehicle Safety and Behavioral Research Programs'' in title 
     VIII of division J of the IIJA for these activities.
       Advanced impaired driving prevention technology 
     rulemaking.--The agreement expects the NHTSA to deliver the 
     Volpe report on advanced drunk driving prevention systems as 
     required by House Report 116-452, which may point to 
     technologies that could help meet the rulemaking requirements 
     in section 24220 of the IIJA, and directs the NHTSA to 
     emphasize its research on driver monitoring and to identify 
     promising technologies that will reduce or eliminate impaired 
     and distracted driving. The agreement expects the NHTSA to 
     prioritize resources to meet the rulemaking requirements of 
     section 24220 of the IIJA and to issue the final rule within 
     the timelines set forth in such section. The agreement also 
     expects the NHTSA to notify the House and Senate Committees 
     on Appropriations if funding, staffing, or other resource 
     constraints are delaying or hindering this rulemaking.
       The agreement directs that within 90 days of enactment of 
     this act, and annually thereafter, the Secretary shall post 
     on a publicly available website a report that includes: (1) 
     the current status of the rulemaking required by section 
     24220 of the IIJA, including an anticipated timeline for 
     finalizing the rulemaking as set forth in section 24220 of 
     the IIJA; (2) any issues that could lead to delays in the 
     Secretary not issuing the rulemaking by November 2024, as is 
     permissible under section 24220 of the IIJA; (3) a list or 
     summary of products that are currently available for 
     installation in passenger motor vehicles to prevent drunk and 
     impaired driving; and (4) a summary of the progress made in 
     carrying out the collaborative research efforts through the 
     driver alcohol detection system for safety program, including 
     an accounting of the use of Federal funds and matching funds 
     from the private sector.
       Drug impaired driving.--The agreement directs the NHTSA to 
     work with the Department of Justice, the Department of Health 
     and Human Services [HHS], and the Department of Commerce to 
     ensure that state highway safety offices and state law 
     enforcement have the most up-to-date information from the 
     Federal government on detecting impaired driving. The 
     agreement also directs the NHTSA to work with states to 
     determine their toxicology testing and funding needs and to 
     make states aware that assistance for state toxicology labs 
     are eligible expenses under sections 402 and 405 formula 
     grant funds and to provide information to states about oral 
     fluid roadside screening programs.


                        operations and research

                (liquidation of contract authorization)

                      (limitation on obligations)

                          (highway trust fund)

       The agreement provides a liquidating cash appropriation and 
     an obligation limitation of $197,000,000, to remain available 
     until expended, which reflects the authorized level of 
     contract authority, and of which $57,500,000 shall remain 
     available until September 30, 2024. Of the total amount, the 
     agreement provides $190,000,000 for programs authorized under 
     section 403 of title 23, U.S.C., including behavioral 
     research on automated driving systems and advanced driver 
     assistance systems and improving consumer responses to safety 
     recalls, and section 25024 of Public Law 117-58.
       Child hyperthermia.--The directive under this heading in 
     House Report 117-402 is modified by providing up to 
     $3,000,000.


                     highway traffic safety grants

                (liquidation of contract authorization)

                      (limitation on obligations)

                          (highway trust fund)

       The bill provides a liquidating cash appropriation and an 
     obligation limitation of $795,220,000 for highway traffic 
     safety grants, to remain available until expended.


      administrative provisions--national highway traffic safety 
                             administration

       Section 140 provides funding for travel and related 
     expenses for state management reviews and highway safety core 
     competency development training.
       Section 141 exempts obligation authority made available in 
     previous public laws from the obligation limitations set for 
     the current year.
       Section 142 prohibits funds from being used to enforce 
     certain state maintenance of effort requirements under 23 
     U.S.C. 405.
       Section 143 provides a short title to section 24220 of the 
     IIJA.

                    Federal Railroad Administration


                         safety and operations

       The bill provides $250,449,000 for the safety and 
     operations of the Federal Railroad Administration [FRA], of 
     which $25,000,000 shall remain available until expended. The 
     agreement provides the following funding levels for specific 
     activities within this account:

------------------------------------------------------------------------
 
------------------------------------------------------------------------
Automated track inspection program...................        $17,000,000
Positive train control support program...............   up to $1,000,000
Trespasser prevention................................   up to $3,000,000
Highway-rail grade crossing safety...................   up to $3,000,000
Confidential close call reporting system.............   up to $4,300,000
Grant and project development technical assistance,     up to $1,500,000
 oversight...........................................
------------------------------------------------------------------------

       Blocked railroad crossings.--The agreement directs the FRA 
     to continue to use the information gathered through the FRA's 
     website on blocked railroad crossings in order to identify 
     the root causes of blocked crossing incidents and identify 
     meaningful solutions to prevent future occurrences. In doing 
     so, the agreement encourages the FRA to continue working with 
     all stakeholders, including communities, state and local 
     agencies, law enforcement, freight railroads, and others. 
     Further, the agreement directs the FRA to incorporate 
     information collected by the FRA from both the freight 
     railroads and the FRA's website on blocked railroad crossings 
     into the national highway-rail crossing inventory, to the 
     extent permissible under current law.

[[Page S9333]]

       Intercity passenger rail competition.--The agreement 
     modifies the direction in House Report 117-402 to allow for 
     competitive bidding procedures at the option of eligible 
     applicants.
       Automated track inspection technologies.--Instead of the 
     direction in House Report 117-402, the agreement directs the 
     Department to continue to evaluate the performance of 
     automated track inspection technology and determine whether 
     any additional data is needed. In evaluating these 
     technologies, the Department shall evaluate the ability of 
     automated track inspection technology to detect all defects 
     outlined in 49 CFR 213 track safety standards. The Department 
     shall report to the House and Senate Committees on 
     Appropriations on such evaluation and any next steps the FRA 
     is considering, including any potential regulatory actions, 
     to incorporate automated track inspections into the 
     inspection process within 90 days of enactment of this act. 
     The Department is further directed to only consider 
     regulatory action following the completion with 
     recommendations of railroad safety advisory committee task 
     19-05.


                   railroad research and development

       The bill provides $44,000,000 for railroad research and 
     development, to remain available until expended. Of this 
     amount, up to $3,000,000 is available to make improvements at 
     the transportation technology center as authorized under 49 
     U.S.C. 20108(d).
       Rail research and development COE.--The agreement provides 
     up to 10 percent of the amounts made available under this 
     heading for grants to establish and maintain a rail research 
     and development COE as authorized by section 22102(d) of the 
     IIJA. The agreement directs the FRA to report to the House 
     and Senate Committees on Appropriations on its efforts to 
     establish such COE no later than 90 days after enactment of 
     this act.
       Safe transportation of energy products.--The agreement 
     provides up to $2,000,000 to research and mitigate risks 
     associated with the transportation of crude oil, ethanol, 
     liquefied natural gas [LNG], and other hazardous materials, 
     including tank car research in partnership with other Federal 
     agencies. The FRA is directed to continue to undertake 
     comprehensive efforts in collaboration with the Pipeline and 
     Hazardous Materials Safety Administration [PHMSA] to identify 
     and address gaps in research relating to the transportation 
     of LNG in rail tank cars, including recommendations from the 
     transportation research board special reports 339 and 345, 
     which should inform rulemaking.
       Emissions reduction and alternative fuel locomotives.--The 
     agreement provides not less than $2,500,000 for the FRA to 
     continue ongoing research, development, and testing on 
     innovative technologies and solutions for low- or no-emission 
     alternative fuels for locomotives, engine improvements, and 
     motive power technologies. The FRA is directed to work in 
     collaboration with the Department of Energy and the private 
     sector in order to hasten the transition from traditional 
     diesel fuel locomotives, spur the development and deployment 
     of low- or no-emission technologies, and achieve widespread 
     commercial use. Further, the agreement directs the FRA to 
     conduct research, development, testing, and analysis to 
     determine the safety of such technologies, any additional 
     emergency response planning and training requirements 
     relating to such technologies, related infrastructure 
     requirements to support such technologies, and any other 
     activities the FRA deems necessary to ensure the safe 
     operations of such technologies.
       Short-line safety.--The agreement provides $2,500,000 to 
     continue to improve safety practices and training for class 
     II and class III freight railroads, including efforts to 
     improve the safe transportation of crude oil, other hazardous 
     materials, freight, and passenger rail.
       Research partnerships with universities.--The agreement 
     provides up to $5,000,000 for partnerships with qualified 
     universities on research related to improving the safety, 
     capacity, and efficiency of the nation's rail infrastructure, 
     including $1,000,000 for research on intelligent railroad 
     systems. Research conducted in conjunction with the FRA at 
     universities should also be structured to facilitate the 
     education and training of the next generation of 
     professionals in rail engineering and transportation.
       Windows.--The agreement directs the FRA to study window 
     glazing retention systems pursuant to section 22420 of the 
     IIJA.


         federal-state partnership for intercity passenger rail

       The bill provides $100,000,000 for Federal-state 
     partnership for intercity passenger rail grants as authorized 
     under 49 U.S.C. 24911, to remain available until expended.
       The agreement commends the FRA for issuing the 2022 
     northeast corridor [NEC] project inventory, as required by 
     section 22307 of the IIJA, on November 15, 2022. The 
     agreement modifies the direction in House Report 117-402, and 
     directs the FRA to continue working toward issuing a NOFO for 
     the Federal-state partnership for intercity passenger rail 
     grants program to solicit applications for NEC projects 
     listed on the NEC project inventory.
       Regional rail planning.--Of the funds provided under this 
     heading in this act and in Public Law 117-58 for fiscal year 
     2023, the agreement directs the Secretary to exercise the 
     authorities under 49 U.S.C. 24911(k) to withhold up to 5 
     percent of the total amounts made available to carry out 
     planning and development activities related to the corridor 
     identification and development program authorized under 49 
     U.S.C. 25101.


        consolidated rail infrastructure and safety improvements

                     (including transfer of funds)

       The bill provides $535,000,000 for consolidated rail 
     infrastructure and safety improvements [CRISI] grants as 
     authorized under 49 U.S.C. 22907, to remain available until 
     expended. Of this amount, not less than $150,000,000 is for 
     projects eligible under 49 U.S.C. 22907(c)(2) that support 
     the development of new intercity passenger rail service 
     routes including alignments for existing routes; not less 
     than $25,000,000 is for projects eligible under 49 U.S.C. 
     22907(c)(11); $5,000,000 is for preconstruction planning 
     activities and capital costs related to the deployment of 
     magnetic levitation transportation projects; $30,426,000 is 
     for the purposes and amounts specified in the table entitled 
     ``Community Project Funding/Congressionally Directed 
     Spending'' included in this joint explanatory statement; and 
     not less than $5,000,000 is for workforce development and 
     training activities eligible under 49 U.S.C. 22907(c)(13).
       The agreement directs the FRA to provide funding for those 
     projects listed in the table entitled ``Community Project 
     Funding/Congressionally Directed Spending'' included in this 
     joint explanatory statement in the corresponding amounts. 
     Further, the agreement directs that the specific funding 
     allocated in the table entitled ``Community Project Funding/
     Congressionally Directed Spending'' included in this joint 
     explanatory statement shall not diminish or prejudice any 
     application or geographic region to receive other 
     discretionary grants or loans.


          the national railroad passenger corporation [amtrak]

       The agreement provides a total of $2,453,000,000 for 
     Amtrak. The agreement directs the FRA to make a timely 
     disbursement of funds to maximize Amtrak's ability to 
     efficiently manage its cash flow. The agreement directs the 
     FRA to release adequate funding in the first quarter of the 
     fiscal year in order to allow Amtrak to efficiently manage 
     its financial obligations in a timely manner.
       ADA accessibility at Amtrak stations.--The agreement 
     modifies the direction in House Report 117-402, and directs 
     Amtrak to submit an updated report to the House and Senate 
     Committees on Appropriations no later than July 28, 2023, 
     detailing the ADA stations program plan and timeline to make 
     the remaining 292 stations ADA compliant and accessible.
       Station agents.--The agreement directs Amtrak to either 
     provide a station agent in each Amtrak station that had a 
     ticket agent position eliminated in fiscal year 2018 or, with 
     respect to any given station on that list, to instead reach 
     an agreement with the labor organization representing 
     employees at such station to provide a station agent in a 
     different station.
       Safety.--The agreement modifies the reporting directive in 
     House Report 117-402 in this section to bi-annually.
       COVID-19 pandemic impact on Amtrak operations.--The 
     agreement directs Amtrak to provide regular updates to the 
     House and Senate Committees on Appropriations on any new 
     revenue projections, estimates, or needs as they become 
     available in order to assess reasonable funding needs to 
     preserve all route operations nationwide.
       Food and beverage.--The agreement directs Amtrak to 
     periodically update the House and Senate Committees on 
     Appropriations on the food and beverage offerings, new 
     initiatives, operating loss, and workforce impacts, as 
     appropriate.
       U.S. services.--The agreement directs Amtrak to take the 
     necessary affirmative steps to ensure that contracts for 
     customer service, professional, and IT services, including 
     subsidiary services, shall be performed within the United 
     States.
       Office of Inspector General reports.--The agreement expects 
     the funds provided to aggressively address the recent Amtrak 
     Office of Inspector General report that identified specific 
     challenges that Amtrak may face in executing the funding 
     provided through the IIJA to ensure the vision of an 
     efficient national passenger rail network operating in a 
     state of good repair is fully realized. The agreement directs 
     Amtrak to provide a plan within 180 days of enactment of this 
     act that explains how it intends to address each of the 
     challenges identified by the Amtrak Office of Inspector 
     General.


     northeast corridor grants to the national railroad passenger 
                              corporation

       The bill provides $1,260,000,000, to remain available until 
     expended, for the Secretary to make grants to Amtrak for 
     activities associated with the NEC. The bill provides up to 
     $5,000,000 for the northeast corridor commission [NECC], 
     which is in addition to the up to $5,000,000 in advance 
     appropriations made available for the NECC in fiscal year 
     2023 in the IIJA.


 national network grants to the national railroad passenger corporation

       The bill provides $1,193,000,000, to remain available until 
     expended, for the Secretary to make grants to Amtrak for 
     activities associated with the national network. The 
     agreement provides a sufficient level of funding to meet all 
     of the capital and operational needs to support the national 
     network. Of this amount, at least $50,000,000 is for the 
     development, installation, and operation of railroad safety 
     improvements, including the implementation of a positive 
     train control

[[Page S9334]]

     system, and up to $66,000,000 is to support the planning, 
     capital costs, and operating assistance of corridors selected 
     under the corridor identification and development program 
     that are operated by Amtrak. The bill also provides up to 
     $3,000,000 for the state-supported route committee, which is 
     in addition to the up to $3,000,000 in advance appropriations 
     made available for the state-supported route committee in 
     fiscal year 2023 in the IIJA. The agreement does not provide 
     additional funding for the interstate rail compacts grant 
     program, as the up to $3,000,000 in advance appropriations in 
     fiscal year 2023 in the IIJA fully funds such grants as 
     authorized in section 22101(f) of the IIJA.
       National network services.--The agreement does not support 
     proposals that will inevitably lead to long-term or permanent 
     service cuts or segmentation of Amtrak's long-distance 
     routes, which will lead to less service for rural 
     communities.
       Corridor identification and development program [CIDP].--
     Once corridors are selected, the Secretary shall partner with 
     eligible entities that submitted each proposal, relevant 
     states, and Amtrak, as appropriate, to prepare a service 
     development plan to help advance the implementation of the 
     intercity passenger rail service. The Department is directed 
     to provide the report required by 49 U.S.C. 25101(g) once 
     corridors are selected to the House and Senate Committees on 
     Appropriations each February 1 of each year thereafter.


       administrative provisions--federal railroad administration

                         (including rescission)

                     (Including transfer of funds)

       Section 150 prohibits the use of funds made available by 
     this act by Amtrak in contravention of the Worker Adjustment 
     and Retraining Notification Act.
       Section 151 allows the FRA to transfer certain amounts made 
     available in this and prior acts to the financial assistance 
     oversight and technical assistance account to support the 
     award, administration, project management oversight, and 
     technical assistance of grants administered by the FRA, with 
     an exception.
       Section 152 specifies that amounts made available in any 
     prior fiscal years for the restoration and enhancement 
     program are subject to 49 U.S.C. 22908, as in effect on the 
     effective date of Public Law 117-58.
       Section 153 makes technical corrections to title VIII of 
     division J of Public Law 117-58.
       Section 154 rescinds certain unobligated balances.
       Section 155 limits overtime to $35,000 per Amtrak employee, 
     allows Amtrak's president to waive this restriction for 
     specific employees for safety or operational efficiency 
     reasons, and requires Amtrak to submit a report on overtime 
     payments to the House and Senate Committees on 
     Appropriations.
       Section 156 prohibits the use of funds made available to 
     Amtrak to reduce the total number of Amtrak police department 
     uniformed officers patrolling on board passenger trains or at 
     stations, facilities or rights-of-way below the staffing 
     level on May 1, 2019.
       Section 157 expresses the sense of Congress that long-
     distance passenger rail routes and services should be 
     sustained to ensure connectivity throughout the national 
     network.
       Section 158 allows the state-supported route committee to 
     hire employees to carry out the state-supported route 
     committee responsibilities.
       Section 159 provides an additional amount for the CRISI 
     program.

                     Federal Transit Administration


                         transit formula grants

                (liquidation of contract authorization)

                      (limitation on obligations)

                          (highway trust fund)

       The bill includes a liquidation of contract authorization 
     and a limitation on obligations from the mass transit account 
     for transit formula grants of $13,634,000,000, as authorized 
     by the IIJA.
       Innovation in affordable transit demonstration program.--
     The agreement encourages the FTA to support a demonstration 
     program to determine the impacts of need-based transit 
     subsidy programs in areas with the worst air quality and 
     traffic congestion in the country through the public 
     transportation innovation program authorized under 49 U.S.C. 
     5312.
       Agricultural worker transportation.--The agreement 
     encourages the FTA, through the national rural transportation 
     assistance program, in coordination with the U.S. Department 
     of Agriculture [USDA] rural housing service, to develop 
     materials and best practices that can be disseminated to 
     local governments, nonprofit organizations, and operators of 
     public transportation with the goal of identifying options to 
     establish or expand affordable and reliable transit services 
     for farmworkers, especially those residing in housing 
     financed by the USDA.
       Health and safety of public transit workers.--The agreement 
     notes that the transit cooperative research program [TCRP] 
     completed research report 217 entitled ``Improving the Health 
     and Safety of Transit Workers with Corresponding Impacts on 
     the Bottom Line'' in December 2020. In place of the direction 
     in House Report 117-402, the agreement directs the FTA to 
     work with the TCRP to conduct follow-on research to research 
     report 217 in order to increase transit agencies' 
     understanding of ways to improve the health and safety of 
     transit workers, including operators and non-operators such 
     as mechanics and engineers. The agreement directs the FTA to 
     complete such research and report its findings to the House 
     and Senate Committees on Appropriations no later than 18 
     months after enactment of this act.
       COVID-19 pandemic impacts on transit accessibility.--
     Instead of the direction in House Report 117-402, the 
     agreement directs the FTA to provide a report no later than 1 
     year after enactment of this act to the House and Senate 
     Committees on Appropriations on the ways the COVID-19 
     pandemic impacted transit agencies and transit riders 
     throughout the nation, including historically disadvantaged 
     communities who rely upon public transportation.
       Transit trends.--The agreement directs the Secretary to 
     submit a report to the House and Senate Committees on 
     Appropriations providing transit ridership levels from 2019 
     to present and an assessment of anticipated future trends and 
     needs in the transit industry.
       Low or no emission bus program.--The agreement directs the 
     FTA to implement 49 U.S.C. 5339(c) in a manner that 
     encourages a variety of different fuel types, and to consider 
     procurements that reduce an agency's overall greenhouse gas 
     emissions.


                     transit infrastructure grants

       The bill provides an additional $541,959,324 in transit 
     infrastructure grants, to remain available until expended. Of 
     the funds provided, $90,000,000 is available for buses and 
     bus facilities competitive grants as authorized under 49 
     U.S.C. 5339(b); $50,000,000 is available for low or no 
     emission grants as authorized under 49 U.S.C. 5339(c); 
     $15,000,000 is available for ferry boats grants as authorized 
     under 49 U.S.C. 5307(h), of which no less than $5,000,000 is 
     available only for low or zero emission ferries or ferries 
     using electric battery or fuel cell components and the 
     infrastructure to support such ferries; $2,000,000 is 
     available for bus testing facilities as authorized under 49 
     U.S.C. 5318; $360,459,324 is available for the purposes and 
     in amounts specified in the table entitled ``Community 
     Project Funding/Congressionally Directed Spending'' included 
     in this joint explanatory statement; $17,500,000 is available 
     for ferry service for rural communities as authorized under 
     section 71103 of division G of Public Law 117-58; $1,000,000 
     is available for an innovative mobility demonstration pilot 
     program; $1,000,000 is available for the accelerating 
     innovative mobility program; and $5,000,000 is available for 
     technical assistance, research, demonstration, or deployment 
     activities or projects to accelerate the adoption of zero 
     emission buses in public transit as authorized under 49 
     U.S.C. 5312. The specific funding allocated in the table 
     entitled ``Community Project Funding/Congressionally Directed 
     Spending'' included in this joint explanatory statement shall 
     not diminish or prejudice the application of a specific 
     project or geographic region to receive other discretionary 
     grants or loans.
       Transit vehicle innovation deployment centers [TVIDC].--The 
     agreement directs the FTA to utilize the TVIDC program to 
     identify and suggest priorities for zero emission bus 
     component focused research and innovation development, using 
     the TVIDC industry wide coordination structure and 
     understanding of zero emission bus components and vehicles. 
     In addition, the agreement directs the FTA to collaborate 
     with TVIDC in order to accelerate the production and 
     deployment of zero emission transit technologies and 
     infrastructure that reduce the impacts of the transportation 
     sector on greenhouse gas emissions through research and 
     technical assistance.


                   technical assistance and training

       The bill provides $7,500,000 for technical assistance and 
     training activities under 49 U.S.C. 5314, to remain available 
     until September 30, 2024. The funding provided under this 
     heading is supplemental to the funding provided under the 
     heading ``Transit Formula Grants'', as authorized by the 
     IIJA.
       Workforce development and standards-based training.--The 
     agreement directs that not less than $2,500,000 shall be for 
     a cooperative agreement consistent with the direction in 
     House Report 117-402.
       Small-urban, rural, and Tribal transit providers.--The 
     agreement directs that not less than $1,500,000 shall be for 
     a cooperative agreement for a technical assistance center to 
     assist small-urban, rural, and Tribal public transit 
     recipients and planning organizations with applied innovation 
     and capacity building consistent with the direction in House 
     Report 117-402.


                       capital investment grants

       The bill provides $2,210,000,000 for fixed-guideway 
     projects, to remain available until expended. Of the funds 
     provided, $1,772,900,000 is available for new starts 
     projects, $100,000,000 is available for core capacity 
     projects, $215,000,000 is available for small starts 
     projects, $100,000,000 is available for the expedited project 
     delivery pilot program, and $22,100,000 is available for 
     oversight activities consistent with 49 U.S.C. 5338(c). The 
     bill directs the Secretary to administer the capital 
     investment grants [CIG] program and move projects through the 
     program to construction in accordance with the requirements 
     of 49 U.S.C. 5309 and section 3005(b) of the FAST Act. The 
     bill also clarifies that project sponsors may be concurrently 
     eligible for both the new starts and expedited project 
     delivery pilot programs.
       Amounts provided in this act, combined with the funding 
     provided in the Consolidated Appropriations Act, 2022 which 
     remain

[[Page S9335]]

     unallocated, are sufficient to support projects that 
     currently have executed grant agreements, projects that meet 
     the requirements of 49 U.S.C. 5309 and are anticipating grant 
     agreements in fiscal year 2023, and activities authorized 
     under 49 U.S.C. 5309(b)(1).
       Project management oversight [PMO] activities.--The 
     agreement directs the FTA to continue to submit to the House 
     and Senate Committees on Appropriations the quarterly PMO 
     reports for each project with a full funding grant agreement.
       New transportation projects in low-growth areas.--The 
     agreement encourages the FTA to prioritize projects that 
     connect communities unserved or underserved by transit to 
     employment centers and projects that support economic growth 
     in disadvantaged areas.


      GRANTS TO THE WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY

       The bill provides $150,000,000 to carry out section 601 of 
     division B of Public Law 110-432, to remain available until 
     expended.


       administrative provisions--federal transit administration

                        (including rescissions)

       Section 160 exempts previously made transit obligations 
     from limitations on obligations.
       Section 161 allows funds provided in this act that remain 
     unobligated by September 30, 2026, for fixed guideway capital 
     investment projects to be available for projects to use the 
     funds for the purposes for which they were originally 
     provided.
       Section 162 allows for the transfer of appropriations made 
     prior to October 1, 2022, from older accounts to be merged 
     into new accounts with similar current activities.
       Section 163 prohibits the use of funds to adjust 
     apportionments pursuant to 26 U.S.C. 9503(e)(4).
       Section 164 prohibits the use of funds to impede or hinder 
     project advancement or approval for any project seeking a 
     Federal contribution from the CIG program of greater than 40 
     percent of project costs.
       Section 165 provides an additional amount for the CIG 
     program.
       Section 166 extends the period of availability for amounts 
     made available for CIG in Public Law 117-103 and Public Law 
     116-94.
       Section 167 permits the use of unexpended balances 
     appropriated for low or no emission component assessment 
     under 49 U.S.C. 5312(h) to be used for specified capital 
     activities.

        Great Lakes St. Lawrence Seaway Development Corporation


                       operations and maintenance

                    (harbor maintenance trust fund)

       The bill provides $38,500,000 for the operations, 
     maintenance, and capital infrastructure activities of the 
     Great Lakes St. Lawrence Seaway Development Corporation 
     [GLS]. Of that amount, not less than $14,800,000 is provided 
     for the seaway infrastructure program. The agreement provides 
     $1,000,000 for trade and economic development activities at 
     the GLS, to be carried out in conjunction with system 
     stakeholders.
       Seaway infrastructure program.--The agreement directs the 
     GLS to continue to submit an annual report to the House and 
     Senate Committees on Appropriations, not later than 90 days 
     after enactment of this act, summarizing the activities of 
     the seaway infrastructure program during the immediate 
     preceding fiscal year.

                        Maritime Administration


                       maritime security program

                    (including rescission of funds)

       The bill provides $318,000,000 for the maritime security 
     program, to remain available until expended, and rescinds 
     $55,000,000 in unobligated amounts made available in prior 
     fiscal years.


                          cable security fleet

       The bill provides $10,000,000 for the cable security fleet 
     program, to remain available until expended.


                        tanker security program

       The bill provides $60,000,000 for the tanker security fleet 
     program, to remain available until expended.


                        operations and training

       The bill provides $213,181,000 for the Maritime 
     Administration's [MARAD] operations and training account. The 
     agreement provides the following funding levels for specific 
     activities within this account:

------------------------------------------------------------------------
 
------------------------------------------------------------------------
USMMA operations........................................     $87,848,000
USMMA facilities maintenance and repair, and equipment..      11,900,000
USMMA capital improvement program.......................      31,921,000
Maritime environmental and technical assistance program.       6,000,000
America's marine highway program........................      10,000,000
MARAD headquarters operations...........................      65,512,000
------------------------------------------------------------------------

       MARAD headquarters operations.--The agreement includes 
     funding for two new full-time equivalents for a new 
     compliance business unit at the MARAD headquarters as 
     proposed in the budget request.
       Sexual assault and sexual harassment [SASH] at USMMA.--The 
     agreement directs the MARAD to follow the direction included 
     in House Report 117-402 relating to SASH at the U.S. Merchant 
     Marine Academy [USMMA]. In addition, the agreement directs 
     the MARAD to continue to engage with U.S. commercial vessel 
     operators on the every mariner builds a respectful culture 
     [EMBARC] SASH prevention standards in order to enroll 
     additional vessel operators in the sea year program and 
     address impediments to participation. Further, the MARAD is 
     directed to report to the House and Senate Committees on 
     Appropriations quarterly in writing on the ways in which it 
     is conducting such outreach and engagement in order to 
     improve EMBARC program carrier enrollment. The agreement 
     notes that the DOT established concurrent criminal 
     jurisdiction over the USMMA campus, as required by Public Law 
     115-232 and Public Law 116-94, in October 2022 and therefore 
     the agreement does not include the reporting requirement on 
     this matter in House Report 117-402.
       The agreement reiterates the importance of the USMMA 
     conducting surveys on SASH every other year, as required by 
     law, as these surveys and accompanying analysis are important 
     tools in determining the effectiveness of the policies, 
     training, and procedures the USMMA and the MARAD have put in 
     place to address SASH. The agreement directs the USMMA to 
     expeditiously complete the 2021-2022 academic year survey on 
     SASH, and transmit the report to Congress.
       The Department shall also conduct routine assessments of 
     the satellite phone functionality to ensure cadets serving in 
     sea year have the means for direct 24/7 communication with 
     the USMMA.
       USMMA facility maintenance.--The agreement notes that the 
     USMMA and the MARAD recently executed a comprehensive 
     facilities and systems maintenance contract for the USMMA. 
     The agreement expects such contract to result in efficient 
     and timely routine maintenance of the USMMA campus. Instead 
     of the briefing required in House Report 117-402, the MARAD 
     is directed to brief the House and Senate Committees on 
     Appropriations on such contract and the subsequent transition 
     to such contract within 30 days of enactment of this act. In 
     addition, the MARAD shall maintain a written list of the 
     status of all essential and recurring maintenance and repair 
     needs and activities, annual estimates of capital resources 
     needed to replace and rehabilitate major operating systems 
     that are not anticipated to be recapitalized under projects 
     within the capital improvement program, the date by which 
     such activities should be completed, and the date by which 
     they were completed. The MARAD shall transmit such list in 
     writing and provide a briefing to the House and Senate 
     Committees on Appropriations each quarter.
       USMMA capital improvements.--The agreement includes 
     $31,921,000 for the USMMA's capital improvement program 
     [CIP], which combined with the $51,111,573 in available 
     unobligated prior year funding will result in a total of 
     $83,032,573 for CIP projects in fiscal year 2023. Of the CIP 
     funds previously allocated to specific facilities, such terms 
     and conditions no longer apply and any such funds are 
     available for projects identified in the CIP. The agreement 
     continues to direct the MARAD to expand and improve the 
     capacity of the USMMA staff in order to facilitate the proper 
     management and oversight of CIP projects, and directs the 
     Department to consider using design build contracts in order 
     to expedite the renovation of academic facilities and related 
     pier infrastructure this fiscal year. The agreement 
     reiterates the expectation that the MARAD complete CIP 
     projects on an annual basis.
       The agreement notes with concern the state of the USMMA's 
     facilities and the lack of progress by the USMMA, the MARAD, 
     and the Department on renovating or rehabilitating 
     facilities, which has a direct impact on the quality of the 
     education provided to students and the ability to attract new 
     entrants to serve as future leaders in the United States 
     Merchant Marine. The fiscal year 2019 CIP, completed on 
     December 18, 2019, is the most recent annual report, and the 
     agreement notes with disappointment that despite direction in 
     Senate Report 116-109, the Consolidated Appropriations Act, 
     2021, and the Consolidated Appropriations Act, 2022, to 
     provide such annual reports on the status of the CIP, an 
     updated CIP has not been completed. The agreement 
     acknowledges that the Department and the MARAD are in the 
     process of finalizing the fiscal year 2022 CIP, and directs 
     the Department to issue the overdue fiscal year 2022 CIP 
     within 30 days of enactment of this act. A current and up-
     to-date CIP annual report is critical to providing safe 
     learning and living environments for students, and for 
     utilizing the resources provided for the USMMA CIP under 
     this heading in this and prior fiscal years.
       Further, the USMMA, the MARAD, and the Department shall 
     continue to provide quarterly briefings to the House and 
     Senate Committees on Appropriations on the status of all 
     short- and long-term CIP projects and provide an annual 
     report on all CIP projects in the same manner and context as 
     in previous fiscal years. In addition to planning for the 
     renovation or replacement of academic facilities, the CIP for 
     fiscal year 2023 should identify the long-term goals and 
     sequencing of dormitory building renovations or replacements.
       Domestic fuel transportation capabilities.--The agreement 
     reiterates the importance of the Jones Act. Several reports 
     on the Jones Act have been conducted by the GAO, and the DOD, 
     in consultation with DOT, recently completed an analysis on 
     the current U.S.-flagged fuel tanker vessel capacity; 
     therefore, the agreement does not include the review required 
     in House Report 117-402.
       Secure composite shipping containers.--The agreement 
     directs the MARAD to collaborate with the Federal Maritime 
     Commission, DOD, and DHS to support the transition of secure 
     composite shipping containers into wider use to provide 
     increased security, shipment visibility, and cargo 
     facilitation. The

[[Page S9336]]

     agreement directs the MARAD to use the existing America's 
     marine highway program and the port infrastructure 
     development program to promote and provide funding for secure 
     composite shipping containers, if available and if eligible.


                   state maritime academy operations

       The bill provides $120,700,000 for state maritime academy 
     [SMA] operations. The bill provides the following funding 
     levels for specific activities within this account:

------------------------------------------------------------------------
 
------------------------------------------------------------------------
Training ships.......................................        $30,500,000
  [Training vessel sharing]..........................     [not more than
                                                             $8,000,000]
National security multi-mission vessel program.......         75,000,000
Student incentive program............................          2,400,000
Fuel assistance payments.............................          6,800,000
Direct payments for SMAs.............................          6,000,000
------------------------------------------------------------------------

       National security multi-mission vessel [NSMV].--The 
     agreement includes resources to assist SMAs in making shore-
     side infrastructure improvements to support the delivery and 
     operation of the NSMVs. Shore-side infrastructure shall only 
     include NSMV-specific improvements required by the MARAD to 
     safely moor the vessels and other improvements that are 
     necessary for SMAs to receive the NSMVs. Specifically, shore-
     side infrastructure shall include pier construction and 
     upgrades directly related to the mooring of the vessel, but 
     not for general maintenance that would otherwise be necessary 
     absent receiving an NSMV, and is inclusive of associated 
     utility upgrades directly related to mooring and operating 
     the vessel, including but not limited to electricity and 
     steam. The agreement directs the MARAD to implement a 
     Federal-state cost-share of not less than 80/20 for shore-
     side infrastructure improvements. In the event that there are 
     extenuating circumstances that an SMA is unable to meet an 
     80/20 Federal-state cost-share requirement, the MARAD may 
     determine whether a different Federal-state cost-share 
     requirement is appropriate, necessary, and executable. In 
     addition, the agreement directs the MARAD to sequence the 
     funding distributed to SMAs for shore-side infrastructure 
     improvements based on the vessel delivery schedule. The 
     agreement applies the aforementioned direction on shore-side 
     infrastructure improvements to funding provided for shore-
     side infrastructure improvements under this heading in fiscal 
     year 2022. Further, the MARAD shall notify the House and 
     Senate Committees on Appropriations prior to obligating any 
     funds for shore-side infrastructure improvements, and such 
     notification shall include the amount of funding provided by 
     non-Federal sources for such infrastructure.
       The agreement directs the MARAD to conduct vigorous 
     oversight of the vessel construction manager, as well as the 
     shipyard, to ensure the NSMVs are delivered on budget and on 
     time. The MARAD is directed to continue to provide briefings 
     to the House and Senate Committees on Appropriations on the 
     status of the NSMV program on a quarterly basis, including 
     detailed reporting on the SMAs shore-side infrastructure 
     improvements needed to ensure successful delivery and 
     operation of the NSMVs, and to provide immediate notification 
     of any risks to the construction schedule or cost.
       Home port designation.--The agreement notes that the MARAD 
     has committed to continuing the longstanding practice of 
     designating the home port of NSMVs as the location of the SMA 
     which they serve. The agreement directs the MARAD to continue 
     to work with the House and Senate Committees on 
     Appropriations and the SMAs to ensure successful delivery and 
     full implementation of the NSMVs.


                     assistance to small shipyards

       The bill provides $20,000,000 for the small shipyard grant 
     program, to remain available until expended.


                             ship disposal

                    (including rescission of funds)

       The bill provides $6,000,000 for the ship disposal program, 
     to remain available until expended, and rescinds $12,000,000 
     in unobligated amounts made available in prior fiscal years.
       National maritime heritage grants program.--With the 
     increasing cost of scrap steel, the MARAD is expected to 
     ensure it is able to secure the highest price possible from 
     vessels recycled through the ship disposal program. The funds 
     received from these sales are deposited into the vessel 
     operations revolving fund [VORF], and the MARAD distributes 
     funding from the VORF according to the authorized purposes 
     and allocations under 54 U.S.C. 308704, including to the 
     national maritime heritage grants program. The agreement 
     supports the use of funding from the VORF for the national 
     maritime heritage grants program and directs the MARAD to 
     continue to work with the National Park Service to ensure 
     that the portion of the VORF allocated for the national 
     maritime heritage grants program under 54 U.S.C. 
     308704(b)(1)(A) is distributed in a timely fashion.


          maritime guaranteed loan (title xi) program account

                     (including transfer of funds)

       The bill provides $3,000,000 for the administrative 
     expenses of the Title XI program and directs that these funds 
     be transferred to the MARAD's operations and training 
     account.


                port infrastructure development program

       The bill provides $212,203,512 for the port infrastructure 
     development program, to remain available until expended.
       Set asides and prioritization.--The agreement directs the 
     MARAD to set aside 25 percent of the funds for small inland 
     river and coastal ports and terminals, as required by 46 
     U.S.C. 54301. Theagreement directs the MARAD to allow Federal 
     cost shares above 80 percent for projects in rural areas, as 
     permitted by 46 U.S.C. 54301.


           administrative provision--maritime administration

       Section 170 authorizes the MARAD to furnish utilities and 
     services and to make necessary repairs in connection with any 
     lease, contract, or occupancy involving government property 
     under control of the MARAD and allows payments received to be 
     credited to the Treasury and to remain available until 
     expended.

         Pipeline and Hazardous Materials Safety Administration


                          operational expenses

       The bill provides $29,936,000 for the necessary operational 
     expenses of the PHMSA, of which $4,500,000 shall remain 
     available until September 30, 2025. The agreement specifies 
     that $2,000,000 shall be for pipeline safety information 
     grants to communities as authorized by 49 U.S.C. 60130 and 
     $2,500,000 shall be for emergency response grants as 
     authorized by 49 U.S.C. 60125(b).


                       hazardous materials safety

       The bill provides $70,743,000 for the PHMSA's hazardous 
     materials safety functions, of which $12,070,000 shall remain 
     available until September 30, 2025. Funds made available 
     until September 30, 2025, are for long-term research and 
     development contracts, grants, and, in a more limited scope, 
     contract safety programs.
       The agreement specifies that $1,000,000 shall be for 
     community safety grants as authorized by 49 U.S.C. 5107(i), 
     up to $2,500,000 shall be for the state hazardous materials 
     safety inspection program, and $1,000,000 shall be for the 
     Assistance for Local Emergency Response Training [ALERT] 
     grants. The agreement directs the PHMSA to prioritize ALERT 
     grants for training in rural areas.
       Staffing and outreach activities.--The agreement provides 
     funding for a total of 213 full-time positions [FTPs] to 
     support the Office of Hazardous Materials Safety, which 
     includes five new FTPs to expand the hazardous materials 
     safety assistance team, enhance the accident investigation 
     program, and improve the safe transportation of emerging 
     energy sources. The PHMSA may determine how to prioritize the 
     new FTPs among these three activities.


                            pipeline safety

                         (pipeline safety fund)

                    (oil spill liability trust fund)

       The bill provides $190,385,000 for the PHMSA's pipeline 
     safety program, to remain available until September 30, 2025. 
     Of that amount, $29,000,000 is derived from the oil spill 
     liability trust fund, $153,985,000 is derived from the 
     pipeline safety fund, $400,000 is derived from fees collected 
     under 49 U.S.C. 60303 and deposited in the liquefied natural 
     gas siting account, and $7,000,000 is derived from fees 
     collected under 49 U.S.C. 60302 and deposited in the 
     underground natural gas storage facility safety account.
       The agreement provides the following levels for specific 
     activities within this account:

------------------------------------------------------------------------
 
------------------------------------------------------------------------
Operations..............................................     $85,864,000
Contract safety programs................................      23,963,000
Research and development................................      12,500,000
State pipeline safety grants............................      60,500,000
Underground natural gas storage facility safety grants..       5,000,000
One-call state grants...................................       1,058,000
State damage prevention grants..........................       1,500,000
------------------------------------------------------------------------

       Staffing and hiring plans.--The agreement provides up to 
     $2,000,000 for hiring and retention incentives to recruit and 
     retain highly qualified inspectors and engineers.
       Enhanced positive response [EPR].--The agreement encourages 
     the PHMSA to advance broader adoption of EPR.
       Liquefied natural gas [LNG] COE.--The agreement notes that 
     the PHMSA submitted the report required under section 111(c) 
     of the Protecting Our Infrastructure of Pipelines and 
     Enhancing Safety Act of 2020 (PIPES Act, division R of Public 
     Law 116-260) to Congress, and provides up to $8,400,000 for 
     PHMSA to establish the national center of excellence for LNG 
     safety [Center] as authorized in section 111(b) of the PIPES 
     Act. The agreement directs that the use of such funds shall 
     include authorized activities that would improve the safety 
     of LNG facilities, including operations and management, and 
     shall not take resources away from other safety critical 
     activities within this account. Further, in establishing the 
     Center, the PHMSA is directed to follow the requirements in 
     section 111(e)(2), which the agreement notes aligns with 
     ``Model 3'' in the report submitted to Congress. The PHMSA is 
     also directed to ensure that resources from the existing 
     training and qualifications center will not be relocated or 
     duplicated at the new Center.


                     emergency preparedness grants

                      (limitation on obligations)

                     (emergency preparedness fund)

       The bill provides an obligation limitation of $28,318,000 
     for emergency preparedness grants, to remain available until 
     September 30, 2025.
       While the House and Senate Committees on Appropriations 
     support increased funding

[[Page S9337]]

     for emergency preparedness grants as authorized by section 
     26001 of the IIJA, the agreement does not include this 
     increase because it is not supported by the level of fees 
     permitted under 49 U.S.C. 5108(g). The agreement directs the 
     PHMSA to work with the authorizing committees and relevant 
     stakeholders to develop a proposal for increased fee levels 
     that would support the authorized level of spending under 
     section 26001 of the IIJA.
       The agreement encourages the PHMSA to train public sector 
     emergency response personnel in communities on or near rail 
     lines, which transport a significant volume of high-risk 
     energy commodities or toxic inhalation hazards.

                      Office of Inspector General


                         salaries and expenses

       The agreement provides $108,073,000 for the salaries and 
     expenses of the Office of Inspector General.

            General Provisions--Department of Transportation

       Section 180 provides authorization for the DOT to maintain 
     and operate aircraft, hire passenger motor vehicles and 
     aircraft, purchase liability insurance, pay for uniforms, and 
     purchase and operate unmanned aircraft systems.
       Section 181 limits appropriations for services authorized 
     by 5 U.S.C. 3109 up to the rate permitted for an executive 
     level IV.
       Section 182 prohibits recipients of funds in this act from 
     disseminating personal information obtained by state 
     departments of motor vehicles in connection to motor vehicle 
     records with an exception.
       Section 183 prohibits funds in this act for salaries and 
     expenses of more than 125 political and presidential 
     appointees in the Department of Transportation.
       Section 184 stipulates that revenue collected by the FHWA 
     and the FRA from states, counties, municipalities, other 
     public authorities, and private sources for training may be 
     credited to specific accounts within the agencies, with an 
     exception for state rail safety inspectors participating in 
     training.
       Section 185 prohibits the DOT from using funds to make a 
     loan, loan guarantee, line of credit, letter of intent, 
     Federally funded cooperative agreement, full funding grant 
     agreement, or discretionary grant unless the DOT gives a 3-
     day advance notice to the House and Senate Committees on 
     Appropriations. The provision requires the DOT to provide a 
     comprehensive list of all such loans, loan guarantees, lines 
     of credit, letters of intent, Federally funded cooperative 
     agreements, full funding grant agreements, and discretionary 
     grants that will be announced with a 3-day advance notice to 
     the House and Senate Committees on Appropriations. The 
     provision also requires concurrent notice of any ``quick 
     release'' of funds from the FHWA's emergency relief program, 
     and prohibits notifications from involving funds not 
     available for obligation.
       Section 186 allows funds received from rebates, refunds, 
     and similar sources to be credited to appropriations of the 
     DOT.
       Section 187 requires reprogramming actions to be approved 
     or denied by the House and Senate Committees on 
     Appropriations, and reprogramming notifications shall be 
     transmitted solely to the Appropriations Committees.
       Section 188 allows funds appropriated to operating 
     administrations to be obligated for the Office of the 
     Secretary for costs related to assessments only when such 
     funds provide a direct benefit to the operating 
     administrations.
       Section 189 authorizes the Secretary to carry out a program 
     that establishes uniform standards for developing and 
     supporting agency transit pass and transit benefits, 
     including distribution of transit benefits.
       Section 190 allows the use of funds to assist a contract 
     utilizing geographic, economic, or other hiring preference 
     not otherwise authorized by law, only if certain requirements 
     are met related to availability of local labor, displacement 
     of existing employees, and delays in transportation plans.
       Section 191 directs the Secretary of Transportation to work 
     with the Secretary of Homeland Security to ensure that best 
     practices for industrial control systems procurement are up 
     to date and that systems procured with funds provided under 
     this title were procured using such practices.

                                TITLE II

              DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

                     Management And Administration

       Broadband deployment locations map.--The agreement directs 
     the Department to submit a report to the House and Senate 
     Committees on Appropriations within 60 days of enactment of 
     this act detailing the steps it has taken to coordinate with 
     the Federal Communications Commission and carry out its 
     responsibilities to implement the deployment locations map 
     pursuant to section 60105 of the IIJA (Public Law 117-58).
       Energy codes.--The agreement urges the Department to work 
     in partnership with USDA to expeditiously update the 
     standards as required by law, which will reduce operating 
     expenses for HUD-owned and subsidized properties.
       Eviction data collection.--The agreement directs the GAO to 
     examine the barriers that exist to collecting, digitizing, 
     and standardizing data from the beginning to the end of the 
     eviction process, such as pre-eviction information; the 
     renter's race or ethnicity, age and gender, as well as the 
     composition of the household and landlord data; and the 
     extent to which such information could inform future funding 
     and policy decisions. The agreement directs the GAO to brief 
     the House and Senate Committees on Appropriations on its 
     preliminary findings within 180 days of enactment of this act 
     and to provide a full report upon completion.
       Connections to other Federal, state, and local services.--
     The agreement urges HUD to use its technical assistance 
     resources to increase the knowledge and capacity of HUD 
     grantees to connect program participants to local 
     opportunities and other government services, where 
     appropriate.
       Buying preference.--The agreement urges the Department to 
     comply with the Buy America requirements of the IIJA.
       Rural areas.--The agreement urges the Department to enhance 
     its efforts to provide decent, affordable housing and to 
     promote economic development for Americans living in rural 
     areas. When designing programs and making funding decisions, 
     the Department shall take into consideration the unique 
     conditions, challenges, and scale of rural areas.
       Appropriations attorneys.--The agreement funds 
     appropriations attorneys in the Office of the Chief Financial 
     Officer [OCFO] and directs the Department to refer all 
     appropriations law issues to such attorneys within the OCFO. 
     The agreement urges the Department to ensure the office has 
     adequate personnel and non-personnel resources to fulfill 
     their responsibilities, including training HUD staff in funds 
     control procedures and directives, as required by section 215 
     of this act.
       Organizational charts and staffing realignments.--The 
     agreement directs HUD to submit, in consultation with the 
     House and Senate Committees on Appropriations, current and 
     accurate organizational charts for each office within the 
     Department as part of the fiscal year 2024 congressional 
     justifications. HUD is further directed to submit any staff 
     realignments or restructuring to the House and Senate 
     Committees on Appropriations, consistent with section 405 of 
     this act.
       GAO priority recommendations.--The agreement directs HUD, 
     within 30 days of enactment of this act, to report to the 
     House and Senate Committees on Appropriations on the steps it 
     has taken in fiscal year 2022 to implement the 10 outstanding 
     priority recommendations made by the GAO and additional 
     actions the Department will undertake in fiscal year 2023 to 
     implement these recommendations.
       Regional approaches to affordable housing.--The agreement 
     encourages the Department to make explicit in competitions 
     for Federal funding that regional councils, councils of 
     government, metropolitan planning organizations, and multi-
     jurisdictional consortiums may apply whenever these entities 
     are eligible applicants. Furthermore, the agreement 
     encourages the Department to actively seek opportunities 
     for these entities to serve as lead applicants and 
     grantees in order to promote and expand local, state, and 
     regional collaboration.
       Encouraging more affordable housing.--The agreement 
     encourages HUD to continue research to identify opportunities 
     to increase efficiency in housing manufacturing. The 
     agreement recognizes that off-site construction, including 
     modular and panelized, can be a promising means of increasing 
     the supply of affordable housing and encourages HUD to 
     support consensus-based off-site construction standards.

                           Executive Offices

       The agreement includes $18,500,000 for the salaries and 
     expenses for executive offices, available until September 30, 
     2024. The agreement directs HUD to outline how budgetary 
     resources will be allocated among the seven offices funded 
     under this heading as part of the Department's operating plan 
     for fiscal year 2023. The agreement directs HUD to complete 
     the realignments of both the Disaster Management Division 
     from the Office of Administration to the Office of the Deputy 
     Secretary and the Executive Secretariat Division into the 
     Office of the Secretary by April 15, 2023.
       Violence Against Women Act [VAWA].--The agreement provides 
     sufficient resources within this account for the VAWA 
     director and the Gender-based Violence Prevention Office as 
     authorized by section 41413 of the Violence Against Women Act 
     of 1994 (34 U.S.C. 12493). The agreement directs the 
     Department to provide updates to the House and Senate 
     Committees on Appropriations at key milestones on its 
     progress to collect information on the extent to which public 
     housing agencies [PHAs] and owners have adopted emergency 
     transfer policies since the publication of the Department's 
     model emergency transfer plan, and the effectiveness of those 
     emergency transfer policies in ensuring survivors have access 
     to safe housing.
       HUD staffing assessment.--The agreement amends direction in 
     House Report 117-402 regarding a GAO evaluation of staff 
     capacity and instead encourages HUD to continue to assess 
     staffing and training needs in the field, regional, and 
     headquarters offices and brief the House and Senate 
     Committees on Appropriations on changing needs.

                     Administrative Support Offices

       The agreement provides $659,600,000 for the salaries and 
     expenses for administrative support offices, available until 
     September 30, 2024. Funds are provided as follows:

------------------------------------------------------------------------
 
------------------------------------------------------------------------
Office of the Chief Financial Officer................        $90,000,000

[[Page S9338]]

 
Office of the General Counsel........................        125,000,000
  [Departmental Enforcement Center]..................     [not less than
                                                            $20,300,000]
Office of Administration.............................        225,000,000
Office of the Chief Human Capital Officer............         51,500,000
Office of the Chief Procurement Officer..............         28,000,000
Office of Field Policy and Management................         65,500,000
Office of Departmental Equal Employment Opportunity..          4,600,000
Office of the Chief Information Officer..............         70,000,000
Total................................................        659,600,000
------------------------------------------------------------------------

       Hiring and separation report.--The hiring and separation 
     report directed in House Report 117-402 shall be submitted 
     semiannually, and include the Office of Inspector General and 
     the Government National Mortgage Association [Ginnie Mae], as 
     well as position titles, location and full time equivalent 
     [FTE] positions.
       Office of Administration [OA].--The agreement includes not 
     less than $3,500,000 for critical repairs to the Weaver 
     building to replace obsolete systems and improve building 
     safety and indoor air quality and directs that not later than 
     90 days after enactment of this act HUD submit to the House 
     and Senate Committees on Appropriations an expenditure plan 
     for these funds.
       The agreement does not include the proposed consolidation 
     of the Office of Administration, the Office of the Chief 
     Human Capital Officer [OCHCO], and the Office of the Chief 
     Procurement Officer [OCPO] into a single funding line or the 
     proposed reorganization to create the Immediate Office of the 
     Assistant Secretary, the Office of Government Information 
     Management, the Office of Administrative Services or the 
     transfer of FTE from the OCHCO for the Personnel Security 
     Division. The agreement does approve the creation of the 
     Deputy Assistant Secretary for Operations.
       Expired balances report.--The agreement directs HUD to 
     submit a report on expired balances within 90 days of the end 
     of each fiscal year.
       Office of the Chief Financial Officer [OCFO].--The 
     agreement does not provide dedicated funding for the 
     financial transformation initiative as the appropriation for 
     the OCFO is sufficient for the continuation of these 
     activities in fiscal year 2023. However, the agreement 
     directs HUD to detail any contract expenses for the financial 
     transformation in its operating plans and congressional 
     justifications and expects transparent communication with the 
     House and Senate Committees on Appropriations on this effort. 
     The agreement does not approve the proposed reorganizations 
     to create a Customer Experience Division within the Assistant 
     Chief Financial Officer [ACFO] for Budget, the creation of an 
     Office of Chief Risk Officer, or moving the Grants Management 
     and Oversight Division from the ACFO for Systems to the ACFO 
     for Budget.
       Office of General Counsel [OGC].--The agreement directs HUD 
     to provide a report to the House and Senate Committees on 
     Appropriations within 180 days of enactment of this act on 
     progress towards closing the six outstanding GAO 
     recommendations from the report GAO-19-38. The agreement 
     invites the Department to assess whether HUD's mission is 
     better served by the Departmental Enforcement Center being 
     within OGC or reporting directly to the Deputy Secretary.
       Office of the Chief Human Capital Officer [OCHCO].--The 
     agreement does not approve the shift of personnel into the 
     Office of Departmental Equal Employment Opportunity or other 
     realignments identified as ``under consideration'' on pages 
     39-23 and 39-24 of the fiscal year 2023 congressional budget 
     justification.
       Office of the Chief Procurement Officer [OCPO].--The 
     agreement directs the Department to prioritize hiring 
     additional staff for this office, as well as providing 
     necessary training for current staff.
       Office of Departmental Equal Employment Opportunity 
     [ODEEO].--The agreement does not approve the renaming of the 
     ODEEO or the transfer of functions from the OCHCO.

                            Program Offices

       The agreement provides $1,054,300,000 for the salaries and 
     expenses for program offices, available until September 30, 
     2024. Funds are provided as follows:

------------------------------------------------------------------------
 
------------------------------------------------------------------------
Office of Public and Indian Housing..................       $278,200,000
Office of Community Planning and Development.........        163,400,000
Office of Housing....................................        465,000,000
  [Office of Recapitalization].......................     [not less than
                                                            $13,300,000]
Office of Policy Development and Research............         39,600,000
Office of Fair Housing and Equal Opportunity.........         97,000,000
Office of Lead Hazard Control and Healthy Homes......         11,100,000
Total................................................      1,054,300,000
------------------------------------------------------------------------

       Area median income [AMI] calculations.--The agreement 
     amends the directive in House Report 117-402 regarding 
     alternative methods for calculating AMI and instead directs 
     HUD to conduct this analysis and report to the House and 
     Senate Committees on Appropriations within one year of 
     enactment of this act on its findings.
       Office of Community Planning and Development [CPD].--The 
     agreement directs the Department to prioritize the hiring of 
     up to eight additional positions for grants management and up 
     to 12 additional environmental review specialist positions to 
     support the increased workload associated with additional 
     community investments for economic development initiatives. 
     The agreement also directs the Department to prioritize the 
     hiring of up to nine additional positions to support the new 
     preservation and reinvestment for community enhancement and 
     ``Yes in My Backyard'' programs. The agreement approves the 
     Department's proposed reorganizations to move the Technical 
     Assistance Division into the Office of Policy Development and 
     Research [PD&R], elevate the Field Operations Division under 
     its own Deputy Assistant Secretary, and realign the offices 
     within the Deputy Assistant Secretary for Operations. While 
     the agreement does not approve moving the oversight of the 
     section 4 or rural capacity building programs to the Deputy 
     Assistant Secretary for Economic Development, or moving the 
     formula allocation process to PD&R, it does approve the 
     remaining organizational changes identified on page 45-12 of 
     the fiscal year 2023 congressional budget justification.
       Office of Housing.--The agreement directs the Department to 
     provide updates to the House and Senate Committees on 
     Appropriations within 90 days of enactment of this act on any 
     current backlog in multifamily underwriting.
       Office of Policy Development and Research.--The agreement 
     supports the proposed realignment of the Technical Assistance 
     Division from CPD to PD&R and approves the other alignments 
     requested within PD&R.


                           WORKING CAPITAL FUND

                      (INCLUDING TRANSFER OF FUNDS)

       For the working capital fund [WCF], the agreement permits 
     only centralized activities and funds from this account to 
     include Federal shared services for financial management, 
     procurement, travel, relocation, human resources (including 
     the treasury executive institute contract), printing, records 
     management, space renovation, furniture, and supply services. 
     The agreement does not expand the authority, as proposed in 
     the budget request, to include information technology 
     customer devices, financial management services full cost 
     recovery, human resources platform licensing or any other 
     activity not expressly permitted in this act. The agreement 
     expects that, prior to exercising discretion to centrally 
     fund an activity, the Secretary shall have established 
     transparent and reliable unit cost accounting for the offices 
     and agencies of the Department that use the activity, and 
     shall have adequately trained staff within each affected 
     office and agency on resource planning and accounting 
     processes associated with the centralization of funds to this 
     account. The agreement also requires HUD to include in its 
     annual operating plan a detailed outline of its plans for 
     transferring budgetary resources to the WCF in fiscal year 
     2023.

                       Public and Indian Housing


                      TENANT-BASED RENTAL ASSISTANCE

       The agreement provides a combined total of $30,253,112,000, 
     to be available until expended, for all tenant-based section 
     8 activities: $27,599,532,000 under the tenant-based rental 
     assistance account in this title and an additional 
     $2,653,580,000, designated as an emergency requirement, in 
     division N of this act.
       Including the amounts provided in division N, the agreement 
     includes a total of $26,402,000,000 for the renewal of 
     tenant-based vouchers. This amount includes funding to renew 
     veteran affairs supportive housing [VASH] vouchers funded in 
     prior years and also includes up to $7,500,000 for Tribal 
     HUD-VASH renewals.
       The agreement provides $50,000,000 in new incremental 
     vouchers to expand affordable housing opportunities to low-
     income people (including families and individuals 
     experiencing homelessness and survivors of domestic 
     violence), $50,000,000 for new incremental HUD-VASH vouchers, 
     $30,000,000 for new incremental family unification vouchers, 
     and $337,000,000 for tenant protection vouchers [TPVs].
       The agreement does not require the report on tenant 
     organizing in House Report 117-402.
       Administrative fees.--The agreement directs HUD to consult 
     with PHAs, advocates, and researchers on ways to make the 
     administrative fee formula more relevant to what it costs to 
     administer a high-performing and efficient voucher program 
     today, and report on the findings and recommendations to the 
     House and Senate Committees on Appropriations within 180 days 
     of enactment of this act.
       HUD-VASH.--The agreement directs HUD to continue to 
     coordinate with the Department of Veterans Affairs [VA] to 
     establish pathways that would allow for temporary 
     transitional case management in areas that PHAs have vouchers 
     available and accompanied with VA case management resources 
     but are underutilized due to a lack of referrals from the VA, 
     to ensure no veteran goes unserved where housing and services 
     remain available. The agreement reminds HUD of direction to 
     consult with the VA to enable PHAs to be designated entities 
     to screen for veteran eligibility and make referrals for HUD-
     VASH and directs HUD to issue guidance related to approving a 
     PHA to be a designated service provider no later than March 
     31, 2023. The agreement encourages the Department to 
     reallocate HUD-VASH voucher assistance to PHAs with an 
     identified need and directs HUD to expeditiously provide the 
     report directed by the fiscal years 2021 and 2022 joint 
     explanatory statements on methods to reallocate unused HUD-
     VASH vouchers, which shall include a determination of the 
     feasibility of issuing a new solicitation of participation 
     for unallocated HUD-VASH vouchers.
       Incremental vouchers.--The agreement provides $50,000,000 
     for new incremental vouchers. In awarding these funds, the 
     agreement directs HUD to support an initial term of 12 
     months. The agreement directs HUD to incorporate key lessons 
     learned to date from research, as well as its execution of 
     the emergency housing vouchers provided by the American 
     Rescue Plan Act of 2021 (Public Law 117-2).
       Special purpose vouchers.--The agreement directs the 
     Department to work with the authorizing committees to address 
     the underlying statutory obstacles that populations served by 
     special purpose vouchers encounter in finding units available 
     to lease within normal timeframes of larger voucher programs.
       VAWA report.--In order to further improve upon the 
     utilization of emergency transfers

[[Page S9339]]

     for survivors of domestic violence, dating violence, sexual 
     assault, or stalking, the agreement directs the GAO to 
     identify and study PHAs with effective transfer plans and 
     report on their process for creating and implementing their 
     plans, weaknesses and strengths of the emergency transfer 
     plans, and any best practices that could be adopted by other 
     PHAs. The agreement also directs the GAO to brief the House 
     and Senate Committees on Appropriations on the proposed scope 
     and methodology of this report within 90 days of enactment of 
     this act and submit the final report to the Committees upon 
     completion.
       Project-based vouchers.--The agreement directs the 
     Department to review options for addressing challenges with 
     operating existing and future affordable housing projects 
     that serve special populations, including people experiencing 
     homelessness and individuals discharged from hospitals and 
     other facilities, due to a lack of project-based rental 
     assistance. This review shall include, but not be limited to, 
     the feasibility of relaxing the percentage cap on project-
     based vouchers, in order to continue providing affordable 
     housing to special needs populations who would otherwise face 
     barriers in finding suitable housing in the private rental 
     market. The agreement also directs the Department to improve 
     its collection of data on project-based vouchers, including 
     their utilization, and to provide a briefing to the House and 
     Senate Committees on Appropriations on what data gaps exist 
     and the steps HUD is taking to remedy those gaps within 120 
     days of enactment of this act.
       Housing choice voucher data dashboard.--To better inform 
     the identification of housing choice voucher program 
     challenges and where additional policy and research 
     considerations may be beneficial, the agreement urges HUD to 
     add PHA and special purpose voucher-level data points on 
     voucher success rates and to identify the amount of reserves 
     that HUD determines are in excess of prudent program 
     management.


                        HOUSING CERTIFICATE FUND

                        (INCLUDING RESCISSIONS)

       The bill includes language allowing unobligated balances in 
     the housing certificate fund to be used for the renewal of or 
     amendments to section 8 project-based contracts and for 
     performance-based contract administrators.


                          PUBLIC HOUSING FUND

       The agreement provides $8,514,000,000 for the public 
     housing fund to remain available until September 30, 2026.
       Within the total, the agreement provides $5,109,000,000 for 
     the public housing operating formula for 2023 payments; 
     $25,000,000 for need-based allocations to PHAs that 
     experience or are at risk of financial shortfalls; 
     $3,200,000,000 for allocations to PHAs through the capital 
     fund formula; $50,000,000 for emergency capital needs, of 
     which $20,000,000 shall be for PHAs under receivership or 
     under the control of a Federal monitor, and of which not less 
     than $10,000,000 is for safety and security measures; 
     $65,000,000 for competitive grants to public housing agencies 
     to evaluate and reduce residential health hazards, including 
     lead-based paint, carbon monoxide, mold, radon, and fire 
     safety, of which not less than $25,000,000 is specifically 
     for lead hazards; $15,000,000 for administrative and judicial 
     receiverships; and $50,000,000 for public housing financial 
     and physical assessment activities.
       Operating formula grants.--The funding provided for 
     operating formula grants includes funding for resident 
     participation activities, including tenant organizing 
     activities, capacity building and technical assistance, and 
     access to community services.
       Quality assurance of physical inspections.--The agreement 
     directs the Department to identify how funds provided for the 
     Real Estate Assessment Center [REAC], including any carryover 
     balances, will be utilized during fiscal year 2023 as part of 
     the operating plan required by section 405 of this act. The 
     agreement also directs HUD to brief the House and Senate 
     Committees on Appropriations during fiscal year 2023 at key 
     milestones in implementation and rulemaking related to the 
     national standards for the physical inspection of real estate 
     [NSPIRE] inspection model, and include in such briefings 
     details on how the open GAO recommendations are being 
     addressed and HUD's progress in addressing its inspection 
     backlog.
       Shortfall funding.--The agreement directs that the 
     allocation of financial shortfall funds shall first be 
     prioritized to PHAs with 249 or fewer public housing units 
     that are determined to be experiencing shortfalls and have 
     less than one month of reserves before allocating funds to 
     larger PHAs.
       Administrative and judicial receiverships.--The agreement 
     directs HUD to report quarterly to the House and Senate 
     Committees on Appropriations on the status of PHAs under 
     receivership, including factors that informed the 
     receivership such as physical and financial scores, 
     deficiencies with internal controls, and other information 
     demonstrating each PHA's inability to effectively oversee 
     their business operations. This report shall also include an 
     identification of funding resources and technical assistance 
     provided to each PHA for the purpose of transitioning out of 
     receivership and how HUD will address deficiencies in an 
     effort to return the respective PHAs to local control.
       Recycling and zero waste.--The agreement does not include 
     funding for the recycling and zero waste pilot program 
     included in House Report 117-402. The agreement recognizes 
     that HUD has submitted the overdue report on HUD's evaluation 
     of methods of supporting and expanding recycling and zero 
     waste programs in public housing, and therefore does not 
     include the related direction in House Report 117-402.
       Emergency and safety and security grants.--Within the 
     amounts provided for emergency capital needs, the agreement 
     directs the Department to fund eligible safety and security 
     projects as quickly as possible, and directs HUD to award the 
     funds for PHAs under receivership or under the control of a 
     Federal monitor based on need and not be subject to a cap on 
     individual grant award amounts.
       Residential health hazards.--The agreement prohibits the 
     Department from deeming any PHA, including those that are 
     troubled, substandard, or are under the direction of a 
     monitor or a court-appointed receiver, to be ineligible to 
     apply for or receive funding, provided that the PHA is in 
     compliance with any current memorandum of agreement or 
     recovery agreements. The agreement also prohibits HUD from 
     deeming any PHA as ineligible to apply for or receive funding 
     that has a violation or violations of the lead safe housing 
     or lead disclosure rules and that present documentation 
     establishing it is working in good faith to resolve such 
     findings by meeting any deadlines it was required to reach 
     under the terms of a settlement agreement, consent decree, 
     voluntary agreement, or similar document as of the date of 
     application. The Department is also prohibited from 
     precluding funds from being used to carry out work to 
     settle an outstanding violation. The agreement continues 
     to expect the Department to work with PHAs to ensure that 
     the initiative reflects the unique needs of the industry 
     and strongly encourages HUD to work with PHAs, their 
     maintenance staff, and tenants to help ensure potential 
     lead-based paint risks are identified and addressed 
     expeditiously.
       The agreement directs the Office of Public and Indian 
     Housing to continue to work with the Office of Lead Hazard 
     Control and Healthy Homes to improve its monitoring processes 
     and develop procedures to ensure that HUD staff take 
     consistent and timely steps to address health hazards, as 
     recommended by the GAO.
       Public housing data dashboard.--To better inform the 
     identification of program challenges and where additional 
     policy and research considerations may be beneficial, the 
     agreement urges HUD to add PHA-level data points on both 
     program reserves and the amount of reserves that HUD 
     determines are in excess of prudent program management.
       Annual contributions contract [ACC] amendments.--The 
     agreement directs HUD to comply with all appropriate process 
     requirements and work and consult with PHAs in any future 
     rulemaking process that amends the ACC.


                    CHOICE NEIGHBORHOODS INITIATIVE

       The bill provides $350,000,000 for the choice neighborhoods 
     initiative, to remain available until September 30, 2027. Of 
     this amount, not less than $175,000,000 shall be made 
     available to PHAs and not more than $10,000,000 is available 
     for planning grants. The agreement directs HUD to give 
     recipients of prior year planning grants priority 
     consideration for implementation grant awards.
       Supplemental grants.--The agreement directs HUD to use up 
     to $75,000,000 of the funding provided under this heading for 
     competitive supplemental grants to current implementation 
     grantees in the fiscal year 2023 NOFO for implementation 
     grants to support the construction of replacement housing 
     units. To be eligible for such funding, qualifying applicants 
     shall be current grantees that received implementation grants 
     as part of the fiscal year 2017, 2018, 2019, or 2020 NOFOs; 
     received a choice neighborhoods planning grant; and are still 
     actively developing housing. The agreement notes that HUD has 
     included similar competitive supplemental grants in the 
     fiscal year 2022 NOFO for implementation grants, however, 
     selections have not been made. Therefore, the agreement 
     directs HUD to allow otherwise qualifying current 
     implementation grantees that have received supplemental 
     funding from amounts provided under this heading in fiscal 
     year 2022 to compete for these supplemental grants, and 
     directs HUD to require such grantees to demonstrate 
     additional significant needs. Further, the agreement directs 
     HUD to use its existing waiver authority regarding total 
     development cost limitations to enable otherwise qualifying 
     current implementation grantees to compete for these 
     supplemental grants. The agreement prohibits HUD from 
     including the size of the housing site or project as a rating 
     factor for these supplemental grants in the fiscal year 2023 
     NOFO for implementation grants. The agreement further directs 
     that if HUD is considering leverage as a rating factor for 
     such supplemental grants that such consideration prioritize 
     grantees with the lowest public housing funds to non-public 
     housing funds leverage ratio in all proposed development 
     phases.
       Supporting residents.--The bill increases the maximum 
     amount of implementation grant funding that may be used for 
     supportive services activities to not more than 20 percent. 
     In implementing this authority, the agreement directs HUD to 
     ensure grantees utilize an appropriate mix of allowed funding 
     mechanisms and do not solely rely upon a supportive services 
     endowment trust.


                       SELF-SUFFICIENCY PROGRAMS

       The bill provides $175,000,000 for self-sufficiency 
     programs, to remain available until

[[Page S9340]]

     September 30, 2026. Of the total, $125,000,000 is for the 
     family self-sufficiency [FSS] program, $35,000,000 is for the 
     resident opportunity and self-sufficiency program, and 
     $15,000,000 is for the jobs-plus initiative.
       FSS performance measurement system.--The agreement supports 
     efforts to update FSS's performance measurement system and 
     notes that HUD is in the process of improving the quality of 
     the data and analysis of FSS programs. The agreement directs 
     HUD to brief the House and Senate Committees on 
     Appropriations on its FSS performance measurement methodology 
     which will be published in the Federal Register.
       Family self-sufficiency program.--Before awarding funds to 
     new grantees, HUD shall first prioritize the renewal of all 
     existing coordinators and second consider funding additional 
     coordinators for current grantees whose program sizes qualify 
     for additional coordinators.


                        NATIVE AMERICAN PROGRAMS

                         (INCLUDING RESCISSION)

       The bill provides $1,020,000,000 for Native American 
     programs, to remain available until September 30, 2027. The 
     bill provides the following levels for specific activities 
     within this account:

------------------------------------------------------------------------
 
------------------------------------------------------------------------
Native American housing block grants--formula...........    $787,000,000
Native American housing block grants--competitive.......     150,000,000
Title VI loan program...................................       1,000,000
Indian community development block grant................      75,000,000
Training and technical assistance.......................       7,000,000
------------------------------------------------------------------------

       Coordinated environmental reviews for Tribal housing and 
     related infrastructure.--The agreement expects HUD to 
     routinely report to the House and Senate Committees on 
     Appropriations on the Tribal housing and related 
     infrastructure interagency task force meetings, action items, 
     goals, and recommendations.
       Technical assistance.--The agreement expects that technical 
     assistance funds will be provided to organizations with 
     experience in providing technical assistance that reflects 
     the unique needs and culture of Native Americans.


           InDIAN HOUSING LOAN GUARANTEE FUND PROGRAM ACCOUNT

                         (INCLUDING RESCISSION)

       The bill provides $5,521,000 for the cost of guaranteed 
     loans, to remain available until expended. The bill allows 
     HUD to use funds in this and prior acts for the cost of 
     guaranteed loans that are unobligated to subsidize a total 
     loan level of not more than $1,400,000,000, to remain 
     available until September 30, 2024.


                  NATIVE HAWAIIAN HOUSING BLOCK GRANT

       The bill provides $22,300,000 for the Native Hawaiian 
     housing block grant program, to remain available until 
     September 30, 2027.
       The agreement directs HUD to ensure that the funds provided 
     are administered to maximize the provision of affordable 
     housing through the construction of high density, 
     multifamily affordable housing and rental units, as well 
     as housing counseling services and the rehabilitation of 
     housing on Native Hawaiian homelands that do not meet safe 
     and sanitary housing building standards.


      NATIVE HAWAIIAN HOUSING LOAN GUARANTEE FUND PROGRAM ACCOUNT

       The bill provides not more than $28,000,000 in loan 
     guarantee commitment authority, including the authority to 
     guarantee refinance loans, to remain available until 
     September 30, 2024.

                   Community Planning and Development


              HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS

       The agreement provides $499,000,000 for the housing 
     opportunities for persons with AIDS [HOPWA] program, to 
     remain available until September 30, 2024, except that 
     amounts allocated pursuant to 854(c)(5) shall remain 
     available until September 30, 2025.
       Annual reporting system.--The agreement encourages HUD to 
     continue efforts to make it easier for grantees to report 
     their annual HOPWA data and to increase data quality in order 
     to alleviate burdens for stakeholders, reduce vulnerabilities 
     of paper- or desktop-based processes and data collection, and 
     bring HOPWA grantee reporting capabilities in line with other 
     CPD programs.


                       community development fund

       The agreement provides $6,397,285,641 for the community 
     development fund, to remain available until September 30, 
     2026. Of the total, the agreement provides $3,300,000,000 in 
     community development block grant [CDBG] formula funding, 
     $30,000,000 for activities authorized under section 8071 of 
     the SUPPORT for Patients and Communities Act, $85,000,000 for 
     grants to reduce barriers to affordable housing development, 
     and $2,982,285,641 for economic development initiatives.
       Yes in my backyard incentive grant program.--The agreement 
     provides $85,000,000 for a new competitive grant program that 
     will reward state, local, and regional jurisdictions that 
     have made progress in improving inclusionary zoning 
     practices, land use policies, and housing infrastructure that 
     will ultimately increase the supply of affordable housing. 
     Improved land use policies may include increasing density, 
     reducing minimum lot sizes, creating transit-oriented 
     development zones, streamlining or shortening permitting 
     processes and timeline, expanding by-right multifamily zoned 
     areas, allowing mixed use and multifamily development in 
     retail, office, and light manufacturing areas, allowing 
     accessory dwelling units on lots with single family homes, 
     eliminating or relaxing residential property height 
     limitations, eliminating or reducing off-street parking 
     requirements, and donating vacant land for affordable housing 
     development. The agreement notes with encouragement HUD's 
     existing research on barriers to affordable housing 
     production and directs HUD to issue best practices for local, 
     state, and regional agencies to improve such opportunities.
       Fairness in CDBG formula.--In addition to the direction in 
     House Report 117-402, the agreement directs HUD to submit a 
     report to the House and Senate Committees on Appropriations 
     within 180 days of enactment of this act on work undertaken 
     by the Department in 2021 and 2022, and planned to be 
     undertaken in 2023, to update the CDBG formula and 
     reauthorize the CDBG program.
       Colonias communities.--The agreement modifies the report 
     directed in House Report 117-402 on colonias communities and 
     instead directs the GAO to conduct a study on the economic, 
     public health, and environmental conditions of colonias, the 
     types of Federal assistance available to colonias, and the 
     various definitions Federal agencies use in defining 
     colonias. In its study, the GAO should also describe existing 
     Federal efforts to assist colonias and Federal coordination 
     with the states, and identify challenges and barriers that 
     may impede Federal efforts. The agreement directs the GAO to 
     brief the House and Senate Committees on Appropriations on 
     its preliminary findings within 280 days of enactment of this 
     act and to provide a full report upon completion.
       Data in rural communities.--The agreement encourages HUD to 
     extend flexibilities for the use of alternative data for 
     rural communities with less than 1,000 residents when a CDBG 
     applicant considers American community survey data to be 
     unreliable.
       Coordinating Federal resources.--The agreement directs HUD 
     to address the open recommendations in report GAO-21-579 and 
     encourages HUD to look for additional ways to collaborate 
     with various Federal agencies to help grantees and local 
     communities maximize and more effectively align HUD's 
     community development programs with other Federal economic 
     development resources.
       CDBG disaster recovery.--The agreement urges HUD to 
     prioritize the acceleration of disaster recovery funds for 
     eligible individuals and families, and to explore the 
     utilization of mechanisms, like the recovery acceleration 
     funds deployed by SBP in New Orleans, Louisiana and 
     Enterprise Community Partners, to speed recovery through the 
     use of private capital for upfront repair costs that are 
     later reimbursed.
       Economic development initiatives [EDIs].--The agreement 
     directs HUD to provide funding for the projects listed in the 
     table entitled ``Community Project Funding/Congressionally 
     Directed Spending'' at the end of this joint explanatory 
     statement in the corresponding amounts. The agreement further 
     directs HUD to provide semi-annual briefings to the House and 
     Senate Committees on Appropriations on the implementation of 
     EDIs and the Department's oversight of projects.


         COMMUNITY DEVELOPMENT LOAN GUARANTEES PROGRAM ACCOUNT

       The agreement provides the authority to collect fees from 
     borrowers adequate to result in a subsidy cost of zero and an 
     aggregate limitation on commitments of no more than 
     $300,000,000 for loan guarantees under section 108.
       Section 108(q).--Previously, Congress provided HUD with 
     funding through section 108(q) to assist state and local 
     governments with environmental remediation and economic 
     development projects by providing competitive grant awards 
     from the brownfields economic development initiative [BEDI] 
     and the EDI programs, greatly enhancing the utilization of 
     the section 108 loan program and development of larger scale 
     projects that leveraged public and private investment. The 
     agreement directs HUD to encourage borrowers of loans 
     guaranteed under section 108 to undertake large scale 
     community and economic development projects, including the 
     redevelopment of shopping malls, and to provide a report to 
     the House and Senate Committees on Appropriations on the 
     extent to which the section 108 program has supported these 
     activities. The agreement modifies House Report 117-402 and 
     does not require quarterly reporting on progress to issue new 
     loan guarantees.


                  HOME INVESTMENT PARTNERSHIPS PROGRAM

       The bill provides $1,500,000,000, to remain available until 
     September 30, 2026, for the HOME investment partnerships 
     program.


   PRESERVATION AND REINVESTMENT INITIATIVE FOR COMMUNITY ENHANCEMENT

       The agreement provides $225,000,000 for the preservation 
     and reinvestment initiative for community enhancement 
     program, of which $25,000,000 is for a pilot program to 
     provide grants to assist in the redevelopment of manufactured 
     housing communities as replacement housing that is 
     affordable, to remain available until September 30, 2027. The 
     agreement directs the Department, to the extent practicable, 
     to fund grants in a variety of geographic areas, including 
     urban and rural communities, Tribal communities, and areas 
     prone to natural disasters.


        SELF-HELP AND ASSISTED HOMEOWNERSHIP OPPORTUNITY PROGRAM

       The bill provides $62,500,000, to remain available until 
     September 30, 2025. The bill provides the following funding 
     levels for specific activities within this account:

------------------------------------------------------------------------
 
------------------------------------------------------------------------
Self-help homeownership opportunity program [SHOP]......     $13,500,000

[[Page S9341]]

 
Section 4 program.......................................      42,000,000
  [Rural capacity building activities]..................  [not less than
                                                             $5,000,000]
National rural capacity building........................       6,000,000
Veterans housing rehabilitation and modification pilot         1,000,000
 program................................................
------------------------------------------------------------------------

       SHOP per unit average investment cap.--The agreement notes 
     that HUD increased the average SHOP expenditure for the 
     combined cost of land acquisition and infrastructure 
     improvements for the first time since 2004 in the fiscal year 
     2022 NOFO. The agreement directs HUD to use its existing 
     authorities to include an average per SHOP unit cost in the 
     fiscal year 2023 NOFO that is greater than the historical cap 
     of $15,000 per SHOP unit.
       Following initial engagement with the GAO regarding its 
     evaluation on cost trends in the SHOP program, as required by 
     the Consolidated Appropriations Act, 2022, the House and 
     Senate Committees on Appropriations are concerned with gaps 
     in HUD's data collection from grantees, the quality and 
     availability of data, and capacity to effectively analyze the 
     needs relating to the average per SHOP unit cost. Therefore, 
     instead of the study required in House Report 117-402, the 
     agreement directs HUD to improve and increase its data 
     collection requirements for grantees; strengthen its internal 
     data analysis relating to cost trends, needs, changes, and 
     impacts for the average per SHOP unit cost; and initiate a 
     SHOP program evaluation. The agreement directs HUD to brief 
     the House and Senate Committees on Appropriations no later 
     than 120 days after enactment of this act on its progress on 
     such actions to improve data collection and analysis.
       Section 4 program.--The agreement directs that funds 
     available for the section 4 program be used solely for 
     capacity building activities.
       Capacity building to address the needs of Tribal 
     communities.--The agreement directs HUD to ensure that 
     section 4 program grantees collectively invest not less than 
     $1,000,000 in targeted capacity building activities to 
     benefit Native Hawaiian, American Indian, and Alaska Native 
     communities and populations in areas including, but not 
     limited to, rural areas. This minimum investment is separate 
     from the required investment for rural capacity building 
     activities of not less than $5,000,000.
       Rural capacity building program.--For the purposes of the 
     national rural capacity building NOFO, the agreement directs 
     HUD to define an eligible national organization as ``a 
     nonprofit entity, which has ongoing experience in rural 
     housing, including experience working with rural housing 
     organizations, local governments, and Indian Tribes, as 
     evidenced by past and continuing work in one or more states 
     in eight or more of HUD's Federal regions.''
       Assistance for low-income and disabled veterans.--The 
     agreement directs HUD to combine the $1,000,000 provided in 
     this act for the veterans housing rehabilitation and 
     modification pilot program with available carryover balances 
     in the fiscal year 2023 NOFO. The agreement encourages HUD to 
     increase awareness about this program and the funding 
     opportunities among veterans, veterans' service 
     organizations, and eligible entities, and to maximize the 
     number of awards in the next NOFO.


                       HOMELESS ASSISTANCE GRANTS

       The agreement provides $3,633,000,000, to remain available 
     until September 30, 2025, for homeless assistance grants. 
     Funding is provided in the amounts shown in the following 
     table:

------------------------------------------------------------------------
 
------------------------------------------------------------------------
Emergency solutions grants..............................    $290,000,000
Continuum of care [CoC] and rural housing stability        3,154,000,000
 assistance.............................................
  [Projects to assist survivors of domestic violence,     [not less than
   dating violence, sexual assault or stalking].........    $52,000,000]
National homeless data analysis project.................       7,000,000
Comprehensive approach to serving homeless youth........     107,000,000
  [Youth homelessness system improvement grants]........  [not less than
                                                            $25,000,000]
  [Technical assistance]................................          [up to
                                                            $10,000,000]
One-time award for new construction, acquisition or           75,000,000
 rehabilitation of new permanent supportive housing.....
  [Awards for states with populations less than           [not less than
   2,500,000]...........................................    $30,000,000]
                                                         ---------------
    Total...............................................   3,633,000,000
------------------------------------------------------------------------

       The agreement modifies the House Report 117-402 directive 
     under this heading to not prioritize investigations or 
     outreach to specific homeless subpopulations.
       Additional planning resources.--The agreement directs HUD 
     to continue its practice of administratively capping planning 
     funds for the largest continuum of care [CoCs] grantees.
       Permanent supportive housing.--The agreement encourages HUD 
     and CoCs to leverage the funds provided for the construction, 
     acquisition, or rehabilitation for new permanent supportive 
     housing with other funding sources, such as tax credits and 
     project-based rental assistance, to maximize the amount of 
     housing that can be directed to meeting the needs of homeless 
     individuals and families.
       Comprehensive interventions to prevent and end youth 
     homelessness.--The agreement directs HUD to ensure that 
     sufficient technical assistance resources and equal 
     consideration for youth homelessness system improvement 
     grants are provided to rural areas. When determining grant 
     awards, the agreement encourages HUD to incorporate the 
     following components as objectives for grantees: youth 
     collaboration in project design and implementation, including 
     establishment of local youth advisory boards; quality data 
     collection, management, utilization, and evaluation; direct 
     coordination and communication with service providers; cross-
     system partnerships including juvenile justice, child 
     welfare, and education systems; and prevention and diversion 
     strategies. The agreement prohibits the use of these funds 
     for direct services or housing.
       The agreement directs HUD to provide the new evaluation of 
     the youth homelessness demonstration program [YHDP] to the 
     House and Senate Committees on Appropriations no later than 
     November 1, 2023.
       The agreement reminds the Department and CoCs that renewal 
     funding provided for YHDP projects may only be used for 
     eligible youth-specific activities upon reaching renewal 
     status. HUD is encouraged to provide public-facing 
     information to grantees regarding the YHDP renewal process.
       Clarifying eligibility and documentation requirements for 
     homeless youth.--The agreement encourages the Department to 
     continue to clarify program requirements regarding the waived 
     requirement for youth ages 24 and under to provide third 
     party documentation to receive housing and services through 
     guidance, notice, and webcasts, as appropriate.
       Tribal inclusion in YHDP.--The agreement encourages HUD to 
     include Tribes and tribally designated housing entities as 
     eligible recipients in the fiscal year 2023 YHDP NOFO.
       Access to healthcare.--The agreement directs HUD to 
     coordinate with the Centers for Medicare and Medicaid 
     Services to provide additional guidance and technical 
     assistance to HUD-funded housing and supportive service 
     providers to increase access to Medicaid-funded services to 
     address chronic homelessness.
       Point-in-time count.--The agreement directs the Department 
     to report to the House and Senate Committees on 
     Appropriations within 180 days of enactment of this act about 
     the viability of creating a digital point-in-time count data 
     collection and analysis platform for communities to use.
       Annual homeless assessment report [AHAR].--The agreement 
     directs HUD to incorporate additional Federal data on 
     homelessness, particularly as it relates to youth 
     homelessness, into the AHAR and to submit the report to the 
     House and Senate Committees on Appropriations by August 31, 
     2023.

                            Housing Programs


                    PROJECT-BASED RENTAL ASSISTANCE

       The bill provides a combined total of $14,907,000,000, to 
     remain available until expended, for project-based rental 
     assistance [PBRA] activities: $13,937,580,000 under the 
     project-based rental assistance account in this title and an 
     additional $969,420,000, designated as an emergency, in 
     division N of this act. Of the total, not more than 
     $343,000,000 is for performance-based contract administrators 
     [PBCAs], which in addition to unobligated balances available 
     in the housing certificate fund will be sufficient to support 
     PBCAs. Consistent with the budget request, the agreement does 
     not provide funding for tenant education and outreach, as 
     prior year funding is available to support tenant organizing 
     activities, capacity building and technical assistance, 
     access to community services, and civic engagement 
     activities.
       Managing troubled properties.--The agreement directs HUD to 
     include in the report required by section 219 of this act 
     data on PBRA properties and units that have exited the 
     program as a result of contract abatement from poor physical 
     conditions or for other reasons.
       Mark-to-market [M2M].--The bill includes the budget request 
     to extend the M2M program under section 579 of the 
     Multifamily Assisted Housing Reform and Affordability Act of 
     1997 to October 1, 2027. The bill also provides HUD the 
     authority to make budget-based rent adjustments for PBRA 
     contracts that have been renewed through the M2M program and 
     are distressed or at risk of becoming distressed. The 
     agreement directs HUD to use existing data sources, including 
     PBCA/HUD management and occupancy reviews, as well as REAC 
     inspections, to assess the physical property and operational 
     needs amongst post-M2M properties and other PBRA properties 
     with health and safety deficiencies to better understand the 
     scope of the budget-based rent adjustment needs for PBRA 
     properties. HUD is directed to provide the results of this 
     assessment to the House and Senate Committees on 
     Appropriations within 180 days of enactment of this act.
       Section 8 moderate rehabilitation [mod rehab] and McKinney-
     Vento single room occupancy [SRO] sunset.--The agreement 
     directs HUD to continue outreach to the owners of mod rehab 
     and SRO properties on available conversion options and gather 
     additional data on the potential conversion costs and 
     benefits to these owners, and such data should be included 
     with any proposal from HUD to sunset the programs.
       Performance-based contract administrators.--The bill 
     prohibits HUD from issuing a solicitation or accepting bids 
     on any solicitation that is substantially equivalent to the 
     draft solicitation entitled ``Housing Assistance Payments 
     (HAP) Contract Support Services (HAPSS)'' issued by HUD on 
     July 27, 2022. The agreement notes that this is the second 
     draft solicitation in five years on the matter of providing 
     PBRA support services, with HUD withdrawing a similar draft 
     solicitation in March 2018. The agreement directs HUD to

[[Page S9342]]

     ensure that any future competition for PBCAs does not impede 
     housing finance agencies or public housing agencies from 
     competing on a state-basis. Should HUD determine that a 
     subsequent draft solicitation that is not substantially 
     equivalent to the July 27, 2022 draft solicitation is not 
     feasible, the agreement directs HUD to include a legislative 
     proposal as part of the fiscal year 2024 budget request. If 
     HUD determines that a legislative proposal is necessary, HUD 
     is directed to work with relevant stakeholders to ensure any 
     potential legislative proposal results in effective and 
     efficient oversight and monitoring of the PBRA program and 
     maintains safe, stable, and affordable housing for the over 
     1,200,000 households living in PBRA properties across the 
     country. In addition, the agreement urges HUD to assess the 
     effectiveness of using resident surveys as a tool to help 
     PBCAs conduct effective oversight.


                        HOUSING FOR THE ELDERLY

       The agreement provides $1,075,000,000 for the section 202 
     program, to remain available until September 30, 2026, of 
     which up to $120,000,000 shall be for service coordinators 
     and the continuation of existing congregate service grants. 
     Of the total, up to $110,000,000 is for new capital advance 
     and project rental assistance contracts, of which up to 
     $25,000,000 is for the expansion of intergenerational 
     dwelling units, and $6,000,000 is to support preservation 
     transactions of housing for the elderly originally developed 
     by a capital advance and assisted by a project rental 
     assistance contract.
       Service coordinators.--The agreement directs the Department 
     to implement all recommendations from the GAO report entitled 
     ``Elderly Housing: HUD Should Do More to Oversee Efforts to 
     Link Residents to Services'' [GAO-16-758] and continue to 
     keep the House and Senate Committees on Appropriations 
     updated on the status of the action plan to implement these 
     outstanding GAO recommendations.


                 HOUSING FOR PERSONS WITH DISABILITIES

       The agreement provides $360,000,000 for the section 811 
     program, to remain available until September 30, 2026. This 
     includes up to $148,300,000 for new project rental assistance 
     [PRA] and capital advance awards.
       Individuals with intellectual and developmental 
     disabilities.--The agreement directs HUD to continue to 
     prioritize projects targeting and serving individuals with 
     intellectual and developmental disabilities who have been 
     receiving care through family members when awarding the new 
     PRA funds provided in this act. The agreement directs HUD to 
     coordinate with Federal partners, including HHS, and other 
     public, private, and non-profit stakeholders to review 
     existing programs and regulations to identify gaps in 
     services and existing barriers to stable housing and to 
     provide a briefing to the House and Senate Committees on 
     Appropriations with its findings and recommendations 
     within 280 days of enactment of this act. The agreement 
     further directs HUD to encourage applicants to demonstrate 
     connections with state Medicaid or human services agencies 
     that provide ongoing supportive services for residents 
     with mental disabilities in its NOFO for the section 811 
     capital advance program.


                     HOUSING COUNSELING ASSISTANCE

       The agreement provides $57,500,000 for housing counseling, 
     including up to $4,500,000 for administrative contract 
     services, to remain available until September 30, 2024.
       Homeownership counseling.--The agreement directs that not 
     less than $5,000,000 of the funds provided for the housing 
     counseling grant program is for post-purchase homeownership 
     counseling.
       Real estate wire fraud.--The agreement directs HUD to brief 
     the House and Senate Committees on Appropriations on their 
     efforts to educate consumers on real estate wire fraud within 
     30 days of enactment of this act.
       Housing counseling agency partnerships with minority-
     serving institutions [MSIs].--The agreement directs that not 
     less than $3,000,000 of the funds provided for the housing 
     counseling grant program are for housing counseling agencies 
     to partner with historically black colleges and universities, 
     Tribal colleges and universities, and other MSIs.
       Outreach to diverse and historically underserved 
     communities.--The agreement encourages HUD to expand outreach 
     to diverse and historically underserved communities, 
     including Asian-Pacific, Latino(s), Black, Native Alaskan, 
     Native Hawaiian, Tribal, and rural communities. Such outreach 
     efforts should include culturally sensitive and 
     linguistically appropriate service delivery, materials, and 
     educational initiatives.


            PAYMENT TO MANUFACTURED HOUSING FEES TRUST FUND

       The agreement provides $14,000,000 for the manufactured 
     housing standards programs, of which $14,000,000 is to be 
     derived from fees collected and deposited in the manufactured 
     housing fees trust fund. The agreement directs that not more 
     than $4,500,000 shall be for the monitoring of manufacturers' 
     compliance with construction and safety standards by third-
     party inspection agencies.
       Manufactured housing consensus committee construction and 
     safety standards backlog.--The agreement directs HUD to 
     prioritize clearing the backlog of unpublished manufactured 
     housing consensus committee recommendations and to publish 
     the fourth and fifth sets of standards no later than 30 days 
     after the enactment of this act.

                     Federal Housing Administration


               MUTUAL MORTGAGE INSURANCE PROGRAM ACCOUNT

       The agreement sets a limit of up to $400,000,000,000 on 
     commitments to guarantee single-family loans and provides 
     $150,000,000 for administrative contract expenses, which 
     shall be available until September 30, 2024.
       Home equity conversion mortgage [HECM].--The agreement 
     recognizes that the Federal Housing Administration [FHA] 
     published ``Mortgagee Letter 2022-15, Update HECM Program 
     Requirements for Notice of Due and Payable Status'' in August 
     2022 and therefore does not include the direction in House 
     Report 117-402 on HECM.
       Home equity accelerator loan [HEAL] pilot.--The agreement 
     does not include additional credit subsidy for the proposed 
     HEAL pilot, as requested in the budget request.
       FHA financing guidelines for manufactured housing.--The 
     agreement directs the Department to continue to review its 
     financing guidelines for all of its manufactured housing 
     mortgage programs to modernize policies to reflect today's 
     market and improve the availability of this housing financing 
     option.
       Institutional investment in single-family housing.--The 
     agreement directs HUD to maintain its efforts to prioritize 
     governmental entities and nonprofits in FHA note sales to 
     counter recent trends of increasing concentration of 
     institutional financial investment in single-family housing. 
     The agreement also directs the GAO to study and issue a 
     report on the prevalence and location of institutional 
     investors in single-family housing, the types of 
     institutional investors involved, and the impacts of such 
     investments on both the housing market and on the tenants 
     residing in the homes. The agreement directs the GAO to brief 
     the House and Senate Committees on Appropriations on proposed 
     scope and timeline of this report no later than 180 days 
     after enactment of this act and to submit the final report to 
     the Committees upon completion.
       Barriers to small-dollar mortgages.--The agreement directs 
     HUD to brief the House and Senate Committees on 
     Appropriations within 120 days of enactment of this act on 
     the feedback it receives on the recently published ``Request 
     for Information Regarding Small Mortgage Lending'' and on any 
     further analysis it conducts on alternative price points, 
     including but not limited to $200,000.
       Action plan to advance property appraisal and valuation 
     equity.--The agreement directs HUD to provide a briefing to 
     the House and Senate Committees on Appropriations within 120 
     days of enactment of this act on its priorities for action to 
     reduce bias in the home appraisal system and any timelines 
     established for such actions.


                GENERAL AND SPECIAL RISK PROGRAM ACCOUNT

       The agreement sets a limit of up to $35,000,000,000 on 
     multifamily and specialized loan guarantees and provides that 
     such commitment authority shall be available until September 
     30, 2024.

                Government National Mortgage Association


Guarantees of Mortgage-Backed Securities Loan Guarantee Program Account

       The agreement sets a limit of up to $900,000,000,000 for 
     new commitments and provides $40,400,000 for salaries and 
     expenses for the Government National Mortgage Association, 
     which shall be available until September 30, 2024.

                    Policy Development and Research


                        RESEARCH AND TECHNOLOGY

       The bill provides $145,400,000 for research and technology 
     activities and technical assistance, to remain available 
     until September 30, 2024. Funding is provided in the amounts 
     shown in the following table:

------------------------------------------------------------------------
 
------------------------------------------------------------------------
Core research and technology............................           up to
                                                             $71,000,000
  [Innovation activities]...............................       [500,000]
  [Cooperative agreements and research partnerships with     [5,000,000]
   HBCUs]...............................................
  [Cooperative agreements and research partnerships with     [5,000,000]
   HSIs]................................................
Legal assistance to low-income tenants at risk of or         $20,000,000
 subject to eviction....................................
Research, evaluations, and demonstrations...............      10,000,000
Technical assistance....................................   not less than
                                                             $41,900,000
  [Violence Against Women Act technical assistance].....     [5,000,000]
[Thriving communities program]..........................          [up to
                                                             $2,500,000]
  [Distressed areas]....................................          [up to
                                                             $5,000,000]
  [Manufactured housing communities]....................          [up to
                                                             $2,500,000]
  [Recovery housing]....................................          [up to
                                                             $2,500,000]
    Total...............................................     145,400,000
------------------------------------------------------------------------

       Core research and technology.--The agreement provides up to 
     $71,000,000 for core research and technology including: 
     market surveys, research support and dissemination, data 
     acquisition, housing finance studies, research partnerships, 
     housing technology, of which $500,000 is for innovation 
     activities, $5,000,000 is for cooperative agreements and 
     research partnerships with historically black colleges and 
     universities, and $5,000,000 is for cooperative agreements 
     and research partnerships with Hispanic serving institutions.
       Legal assistance.--The agreement provides $20,000,000, to 
     remain available until September 30, 2025, for competitive 
     grants to nonprofit or government entities to provide legal 
     assistance to low-income tenants at risk of or subject to 
     eviction. The agreement encourages HUD to provide some awards 
     to those who did not receive previous awards in

[[Page S9343]]

     fiscal year 2021 and fiscal year 2022 and promote geographic 
     diversity in these awards.
       Research, evaluations, and demonstrations.--The agreement 
     provides $10,000,000 for research, demonstrations, and 
     evaluations. Included in this total is the continuation of 
     the following research and evaluations: housing choice 
     voucher community choice demonstration; moving-to-work 
     expansion; HUD-DOJ pay for success long term evaluation; 
     family options long term tracking study; and older adult 
     homes modification program evaluation.
       Technical assistance.--The agreement provides no less than 
     $41,900,000 for technical assistance. Of this amount, 
     $5,000,000 is for training and technical assistance on VAWA 
     housing protections for survivors of domestic violence, 
     dating violence, sexual assault, and stalking, including 
     culturally specific organizations providing culturally 
     specific services to survivors of domestic violence, dating 
     violence, sexual assault, and stalking. Within the total for 
     technical assistance, up to $5,000,000 shall be available on 
     a competitive basis to non-profit or private sector 
     organizations to provide technical assistance, including 
     outreach efforts to local governments with persistent poverty 
     tracts in their jurisdiction, to units of general local 
     government or non-profit organizations that serve distressed 
     areas, prioritizing applications from jurisdictions 
     containing persistent poverty census tracts that have had 20 
     percent or more of the population living in poverty as 
     measured by the 1990 and 2000 decennial census and the most 
     recent five-year data series available from the American 
     community survey of the Census Bureau, and any territory or 
     possession of the United States. In addition, of the amount 
     provided for technical assistance, up to $2,500,000 shall be 
     used by HUD to work with DOT to ensure housing and 
     infrastructure development is taken into consideration as 
     part of the thriving communities program. Up to $2,500,000 of 
     the amount provided for technical assistance is for 
     recipients of grants under the heading ``Preservation and 
     Reinvestment Initiative for Community Enhancement'' [PRICE], 
     including training and technical assistance on environmental 
     reviews for the National Environmental Policy Act and related 
     Federal environmental laws and authorities in support of HUD 
     programs under this title, including the PRICE program. Of 
     the amounts provided under this heading for technical 
     assistance, up to $2,500,000 shall be used on a competitive 
     basis for a non-profit, in collaboration with a college or 
     school of public health, that has expertise and experience in 
     providing technical assistance and research in recovery 
     housing and focuses on homeless and justice involved 
     individuals utilizing blended funding and an intervention 
     model with demonstrated outcomes, to provide direct technical 
     assistance to communities and promote the development of 
     evidence based recovery housing for substance use disorder 
     intervention.
       Office of Innovation.--The agreement does not include 
     direction relating to the Office of Innovation included in 
     House Report 117-402. Instead, the agreement encourages the 
     Office of Innovation to challenge the affordable housing 
     industry to substantially drive down the cost of affordable 
     housing design and production, including consideration of 
     modular housing development.
       Aging-in-place.--To the extent funds are available, the 
     agreement directs HUD to research housing technologies that 
     enable aging-in-place strategies.
       Fair market rents [FMRs].--The agreement expects the 
     Department to continue to evaluate alternative data sources, 
     including those used by PHAs for rent comparability studies, 
     for use in calculating FMRs and in appealing FMRs in order to 
     identify data sources that are timely, reflective of the 
     market, and cost effective. The agreement directs HUD to 
     identify methods to decrease the cost burden of locally 
     funded surveys on PHAs, including by clarifying when the 
     lifecycle of an accepted private rent surveys can be up to 5 
     years, by identifying acceptable online data sources for use 
     in rent comparability studies, and by clarifying the 100 
     recent movers sample size for surveys in rural areas. The 
     agreement strongly encourages HUD, to the extent permissible 
     under current regulations, to set FMRs at no lower than the 
     previous year's level for an FMR area, unless the Department 
     has sufficient local data to justify such a change. The 
     agreement directs HUD to report to the House and Senate 
     Committees on Appropriations within 90 days of the enactment 
     of this act on strategies to improve data, to better forecast 
     rents in communities that are habitually miscalculated, and 
     decrease the cost of private rental surveys. Additionally, 
     the Department shall report on the potential impact of 
     expanding PHAs' ability to set payment standards from 110 
     percent of FMR to 120 percent of FMR if PHAs provide rent 
     comparability studies that illustrate HUD-calculated FMRs are 
     lower than actual market rates, or of increasing the FMR 
     above the 40th percentile of gross rents.
       VAWA study.--The agreement directs HUD to complete the 
     study and report on housing and service needs of survivors of 
     trafficking and individuals at risk for trafficking, as 
     required by section 606 of the VAWA Reauthorization Act of 
     2022. The agreement further directs HUD to submit this study 
     and report to the House and Senate Committees on 
     Appropriations not later than September 15, 2023.
       Area median incomes [AMI].--The agreement directs HUD to 
     report to the House and Senate Committees on Appropriations 
     within 180 days of enactment of this act on how using a 
     national AMI for nonmetropolitan areas as a floor would 
     impact rent calculations in and the administration of any 
     programs using income limits to set rents.

                   Fair Housing and Equal Opportunity


                        FAIR HOUSING ACTIVITIES

       The agreement provides $86,355,000 for fair housing 
     activities, to remain available until September 30, 2024. 
     This includes $56,000,000 for the fair housing initiatives 
     program [FHIP], $26,000,000 for the fair housing assistance 
     program, $3,000,000 for the national fair housing training 
     academy, and $1,355,000 for translated materials. Of the 
     funds available for FHIP, not less than $10,400,000 is for 
     education and outreach programs, and not less than $3,700,000 
     is for fair housing organization initiatives. The directive 
     in House Report 117-402 related to outreach to certain 
     protected classes is modified to instead direct HUD to raise 
     awareness of the rights and protections under the Fair 
     Housing Act for all protected classes and report to the House 
     and Senate Committees on Appropriations on its progress.
       Appraisals.--The agreement supports HUD's efforts to reduce 
     bias in the home appraisal system through the education and 
     outreach initiative and the national fair housing training 
     academy.

            Office of Lead Hazard Control and Healthy Homes


                         LEAD HAZARD REDUCTION

                     (INCLUDING TRANSFER OF FUNDS)

       The agreement provides $410,000,000 for lead hazard control 
     and healthy homes programs, to remain available until 
     September 30, 2025. Of the amount provided, not less than 
     $95,000,000 is available for lead-based paint hazard 
     reduction in jurisdictions with the highest lead-based paint 
     abatement needs and $85,000,000 is available for the healthy 
     homes initiative [HHI].
       Aging-in-place home modification grants.--The agreement 
     includes $30,000,000 within the HHI for aging-in-place home 
     modification grants in order to enable low-income seniors 
     (persons who are 62 years of age or older) to remain in their 
     homes through low-cost, high-impact home modifications. The 
     intended beneficiaries of these grants are low-income seniors 
     living in homes that are not receiving project-based rental 
     assistance, and HUD shall ensure the use of funds 
     appropriated reflects that intent. In designing the NOFO for 
     this program, HUD is directed to continue to take into 
     account successful models of low-barrier, participant-led, 
     holistic approaches to aging-in-place. The agreement 
     continues to direct HUD to track the outcomes of seniors 
     whose homes have been modified in order to better 
     understand the effectiveness of this funding in reducing 
     at-home falls, hospitalizations, and emergency response 
     calls, as well as improving independence and tenure in 
     home over time.
       Radon testing and mitigation resident safety 
     demonstration.--The agreement includes $5,000,000 for radon 
     testing and mitigation activities in public housing units as 
     proposed in the fiscal year 2023 budget request. The Office 
     of Lead Hazard Control and Healthy Homes [OLHCHH] shall 
     coordinate with the Office of Public and Indian Housing [PIH] 
     throughout the length of the demonstration to ensure proper 
     engagement and communication with the impacted PHAs. The 
     agreement directs HUD to address the open recommendations in 
     the 2021 HUD Office of Inspector General's evaluation of HUD 
     Program Offices' Policies and Approaches for Radon [Report 
     Number: 2020--OE--0003]. Additionally, the agreement 
     continues to direct HUD to complete the objectives regarding 
     healthy homes activities in the EPA's final Federal radon 
     action plan scorecard issued in 2016, which has been subsumed 
     into the broader public-private national radon action plan 
     led by the American Lung Association.
       Improving the lead grant application process.--The 
     agreement appreciates the efforts undertaken by HUD to 
     simplify the application process and encourage applicants and 
     grantees to develop and utilize public-private partnerships 
     as a means to leverage capital, as well as assist with grant 
     and project management. The agreement directs HUD to continue 
     to improve the NOFOs to encourage more grantees to apply, 
     especially those that may not have access to professional 
     grant writers. Additionally, HUD shall continue to clearly 
     state in the NOFO that an application may include non-profit 
     co-applicants, provided that an eligible city, county/parish, 
     other unit of local government, or eligible state or Native 
     American Tribe are identified as the lead or co-applicant.
       Weatherization assistance program.--Homes are often 
     eligible for assistance under the Department of Energy's 
     [DOE's] weatherization assistance program [WAP] and HUD's 
     lead-based paint hazard control grant program. The agreement 
     supports OLHCHH's participation in the interagency working 
     group on healthy homes and energy. OLHCHH is encouraged to 
     continue to leverage partnerships between DOE, WAP grantees, 
     and sub-grantees to perform window removal and installation 
     work in older low-income housing. HUD is directed to collect 
     information on how many units benefit from this coordination 
     and quantify how this coordination has reduced costs for 
     hardware and labor. HUD is directed to provide this 
     information to the House and Senate Committees on 
     Appropriations no later than 180 days after the end of each 
     grant cycle on an annual basis.

[[Page S9344]]

       Lead hazard reduction demonstration and lead hazard control 
     grant per-unit consultation threshold.--To ensure lead hazard 
     remediation funds are spent appropriately, efficiently, and 
     effectively, HUD has established a threshold of $20,000 per 
     unit for its grantees to consult with HUD and review proposed 
     high-cost remediations. The agreement is supportive of HUD's 
     work to ensure effective use of the grant funding provided 
     and also recognizes that the current consultation threshold 
     was set in 2014. Therefore, the agreement encourages HUD to 
     undertake a review of the threshold and related policy 
     guidance to grantees to determine if any updates are 
     warranted.

                      Information Technology Fund

       The agreement provides $374,750,000 for the information 
     technology fund, to remain available until September 30, 
     2025, of which up to $23,950,000 is available for 
     development, modernization, and enhancement [DME] projects.
       Major modernization project priorities.--The agreement 
     includes $20,800,000 in DME funding for the following 
     projects, which it designates as major modernization 
     projects: FHA IT modernization, PIH IT modernization, network 
     enterprise zero trust solution, electronic special needs 
     assistance programs [esnaps], and financial management 
     modernization [LOCCS]. The agreement does not fully fund the 
     request for the network enterprise zero trust solution, but 
     supports HUD's efforts to initiate this work and develop a 
     comprehensive roadmap for moving toward a zero trust 
     architecture. Not more than $2,080,000 of this amount may be 
     obligated until the plan required by the bill is approved. 
     Considering the current balances and state of progress in 
     FHA's single-family IT systems, the funds for FHA IT 
     modernization are provided to complete the automated 
     underwriting system. The House and Senate Committees on 
     Appropriations expect the Department to continue to 
     prioritize progress on FHA's single-family IT systems in 
     fiscal year 2023, and expects HUD to provide sustained 
     executive-level attention to advancing and completing FHA 
     catalyst for single-family mortgages.
       Non-major modernization project priorities.--The agreement 
     includes $3,150,000 in DME funding for the following 
     projects, which it designates as non-major modernization 
     projects: enterprise geographic information system [eGIS] and 
     acquisition tool. Not more than $315,000 of this amount may 
     be obligated until the plan required by the bill is approved. 
     The agreement directs the Office of Community Planning and 
     Development to update the House and Senate Committees on 
     Appropriations immediately if additional resources, beyond 
     those provided in fiscal year 2022, are needed for IT 
     modifications to adequately support economic development 
     initiatives.
       IT reporting and oversight.--The House and Senate 
     Committees on Appropriations acknowledge the significant 
     improvement in the level of detail provided by HUD in its 
     congressional justifications in fiscal year 2023, and directs 
     HUD to continue to: (1) delineate between funding for 
     operations and maintenance and DME, including planning; (2) 
     consistent with OMB guidance, summarize spending by major, 
     non-major, and standard IT investments; and (3) include plain 
     language summaries of proposed DME projects, total costs and 
     savings potential, and target functionality and mission 
     benefits. HUD is reminded that the act requires updated 
     reports on a quarterly basis to the House and Senate 
     Committees on Appropriations on all DME projects, with 
     additional detail on major modernization projects. However, 
     this did not occur in fiscal year 2022, and HUD was 
     inconsistent in notifying the Committees of major scope 
     changes and cost increases in a timely and transparent 
     manner. The agreement directs the Department to brief the 
     House and Senate Committees on Appropriations within 30 days 
     of enactment of this act on its plans to improve the 
     timeliness, format, and clarity of its reports and updates in 
     a manner that meets the Committees' needs. The agreement also 
     directs HUD to continue clarifying its reasoning for requests 
     funded through the IT fund, the WCF, and individual salaries 
     and expenses accounts.
       Unplanned IT needs.--The agreement allows individual 
     offices to transfer salaries and expenses amounts, up to 
     $500,000 from each office and no more than $5,000,000 in 
     total, to the IT fund to address unplanned costs or priority 
     modifications of IT systems. Transferred funds must primarily 
     benefit the office from which the funds are transferred. Any 
     project or activity funded will not have known out-year DME 
     costs in excess of $500,000 and should have minimal impact on 
     annual operations and maintenance costs. The agreement 
     directs the Department to brief the House and Senate 
     Committees on Appropriations within 30 days of enactment of 
     this act to ensure a clear common understanding of the 
     Committees' expectations and the policies HUD will put in 
     place to avoid misuse of this authority. The agreement 
     directs that this authority is not to be used to allocate 
     costs across offices for departmental-wide IT needs.

                      Office of Inspector General

       The agreement provides $146,000,000 for the salaries and 
     expenses of the Office of Inspector General.
       Audit reports.--The Office of Inspector General is expected 
     to continue to provide copies of all audit reports to the 
     House and Senate Committees on Appropriations immediately 
     upon issuance and to make the Committees aware of any review 
     that recommends significant budgetary savings.
       Contracting audits of annual financial statements.--The 
     agreement directs the Office of Inspector General to continue 
     to rely on an independent external auditor, or auditors, to 
     audit the financial statements of the Department, including 
     the financial statements of FHA and Ginnie Mae.
       Reorganization.--The agreement approves the organizational 
     changes identified on page 52-7 of the fiscal year 2023 
     congressional budget justification.

    General Provisions--Department of Housing and Urban Development


                     (including transfer of funds)

                         (Including rescission)

       Section 201 splits overpayments evenly between the Treasury 
     and state HFAs.
       Section 202 prohibits funds from being used to investigate 
     or prosecute lawful activities under the Fair Housing Act.
       Section 203 requires any grant or cooperative agreement to 
     be made on a competitive basis, unless otherwise provided, in 
     accordance with section 102 of the Department of Housing and 
     Urban Development Reform Act of 1989.
       Section 204 relates to the availability of funds for 
     services and facilities for GSEs and others subject to the 
     Government Corporation Control Act and the Housing Act.
       Section 205 prohibits the use of funds in excess of the 
     budget estimates, unless provided otherwise.
       Section 206 relates to the expenditure of funds for 
     corporations and agencies subject to the Government 
     Corporation Control Act.
       Section 207 requires the Secretary to provide quarterly 
     reports on uncommitted, unobligated, recaptured, and excess 
     funds in each departmental program and activity.
       Section 208 exempts the Government National Mortgage 
     Association from certain requirements of the Federal Credit 
     Reform Act of 1990.
       Section 209 authorizes HUD to transfer debt and use 
     agreements from an obsolete project to a viable project, 
     provided that no additional costs are incurred and other 
     conditions are met.
       Section 210 sets forth certain requirements for section 8 
     eligibility and includes consideration for persons with 
     disabilities.
       Section 211 distributes Native American housing block 
     grants to the same Native Alaskan recipients as in fiscal 
     year 2005.
       Section 212 instructs HUD on managing and disposing of any 
     multifamily property that is owned or held by HUD.
       Section 213 allows PHAs that own and operate 400 or fewer 
     units of public housing to be exempt from asset management 
     requirements.
       Section 214 restricts the Secretary from imposing any 
     requirements or guidelines relating to asset management that 
     restrict or limit the use of capital funds for central office 
     costs, up to the limits established in law.
       Section 215 requires that no employee of the Department be 
     designated as an allotment holder unless the CFO determines 
     that such employee has received certain training.
       Section 216 requires the Secretary to notify the public of 
     notices of funding opportunity for competitively awarded 
     funds, and establishes how such notification may occur.
       Section 217 requires attorney fees for programmatic 
     litigation to be paid from the individual program office and 
     the Office of General Counsel salaries and expenses 
     appropriations.
       Section 218 allows the Secretary to transfer up to 10 
     percent of funds or $5,000,000, whichever is less, 
     appropriated under the headings ``Administrative Support 
     Offices'' or ``Program Offices'' to any other office funded 
     under such headings.
       Section 219 requires HUD to take certain actions against 
     owners receiving rental subsidies that do not maintain safe 
     properties.
       Section 220 places a salary and bonus limit on public 
     housing agency officials and employees.
       Section 221 requires the Secretary to notify the House and 
     Senate Committees on Appropriations at least 3 full business 
     days before grant awards are announced, and requires such 
     notification to include state and congressional district 
     information.
       Section 222 prohibits funds for HUD financing of mortgages 
     for properties that have been subject to eminent domain.
       Section 223 prohibits the use of funds to terminate the 
     status of a unit of general local government as a 
     metropolitan city with respect to grants under section 106 of 
     the Housing and Community Development Act of 1974.
       Section 224 allows funding for research, evaluation, and 
     statistical purposes that is unexpended at the time of 
     completion of the contract, grant, or cooperative agreement 
     to be re-obligated for additional research.
       Section 225 prohibits funds for financial awards for 
     employees subject to administrative discipline.
       Section 226 allows program income as an eligible match for 
     2015 through 2023 continuum of care funds.
       Section 227 permits HUD to provide one year transition 
     grants under the continuum of care program.
       Section 228 maintains current promise zone designations and 
     agreements.
       Section 229 clarifies the use of funds for the family self-
     sufficiency program.
       Section 230 addresses the establishment of reserves for 
     public housing agencies designated as MTW agencies.

[[Page S9345]]

       Section 231 prohibits funds from being used to make certain 
     eligibility limitations as part of a notice of funding 
     opportunity for competitive grant awards under the public 
     housing fund.
       Section 232 prohibits funds from being used to issue rules 
     or guidance in contravention of section 1210 of Public Law 
     115-254 (132 Stat. 3442) or section 312 of the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5155).
       Section 233 extends the time period for the liquidation of 
     valid obligations for the choice neighborhoods initiative 
     program in Public Law 114-113.
       Section 234 prohibits the use of funds to direct a grantee 
     to undertake specific changes to existing zoning laws as part 
     of carrying out the final rule entitled, ``Affirmatively 
     Furthering Fair Housing'' or the notice entitled, 
     ``Affirmatively Furthering Fair Housing Assessment Tool''.
       Section 235 addresses the manner in which HUD may make 
     adjustments for formula allocation corrections.
       Section 236 allows the Secretary to make rent adjustments 
     under certain conditions, and extends the mark-to-market 
     program to October 1, 2027.
       Section 237 allows for limited transfers of salaries and 
     expenses funding to the information technology fund.
       Section 238 extends the time period for the liquidation of 
     valid obligations for the lead hazard reduction program in 
     Public Law 116-6.
       Section 239 states that the Secretary shall comply with all 
     process requirements when revising any annual contributions 
     contract.
       Section 240 prohibits the use of funds to carry out 
     customer experience activities within the Office of the 
     Assistant Chief Financial Officer for Budget.

                               TITLE III

                            RELATED AGENCIES

                              Access Board


                         salaries and expenses

       The agreement provides $9,850,000 for salaries and 
     expenses.

                      Federal Maritime Commission


                         salaries and expenses

       The bill provides $38,260,000, of which $2,000,000 shall 
     remain available until September 30, 2024, for the salaries 
     and expenses of the Federal Maritime Commission [FMC], 
     consistent with the authorized funding level in the Ocean 
     Shipping Reform Act of 2022 (Public Law 117-146). Of the 
     funds provided, not more than $3,500 shall be available for 
     official reception and representation expenses and up to 
     $543,615 is available for the FMC Office of Inspector 
     General.
       Recognizing the long-term implications posed by global 
     supply chain disruptions and the effects thereof, the 
     agreement provides funding above the budget request to assist 
     the FMC in implementing Public Law 117-146 and in executing 
     its authorities as delineated in 46 U.S.C. 40101 through 
     44106 and 46 U.S.C. 3503. The FMC is directed to brief the 
     House and Senate Committees on Appropriations no later than 
     90 days after enactment of this act detailing its plans for 
     the additional resources. Further, the agreement directs the 
     FMC to implement Public Law 117-146 expeditiously and to 
     provide regular updates to the House and Senate Committees on 
     Appropriations on its efforts to implement Public Law 117-
     146.

  National Railroad Passenger Corporation Office of Inspector General


                         salaries and expenses

       The bill provides $27,935,000 for the salaries and expenses 
     of the National Railroad Passenger Corporation Office of 
     Inspector General.

                  National Transportation Safety Board


                         salaries and expenses

       The bill provides $129,300,000 for the salaries and 
     expenses of the National Transportation Safety Board [NTSB].
       Memorandum of agreement [MOA].--The agreement recognizes 
     that the NTSB and the FAA entered into a MOA concerning 
     commercial space mishap investigations on September 9, 2022, 
     and therefore does not include the direction in House Report 
     117-402 on the MOA.
       Recommendations to the DOT.--The agreement directs the NTSB 
     to continue to provide the compliance report required under 
     49 U.S.C. 1135(e).

                 Neighborhood Reinvestment Corporation


          payment to the neighborhood reinvestment corporation

       The agreement provides $170,000,000 for the Neighborhood 
     Reinvestment Corporation [NRC]. Within the total, the bill 
     provides $4,000,000 to remain available until September 30, 
     2026, for the promotion and development of shared equity 
     housing models.
       Grant notifications.--The agreement directs the NRC to 
     provide at least three days' advance notice to the House and 
     Senate Committees on Appropriations prior to the announcement 
     of any grant exceeding $50,000 that is awarded to a NRC 
     network organization.
       Rural areas.--The agreement urges the NRC to continue 
     capacity-building initiatives in rural areas.
       Multilingual training courses.--The agreement directs the 
     NRC to continue surveying the NRC network to determine 
     whether there is sufficient need for additional professional 
     development and certification training courses for nonprofit 
     community development staff to be offered in additional 
     languages. The agreement encourages the NRC to develop new 
     courses, including translated materials, to meet those needs.
       Shared equity homeownership.--Of the $4,000,000 provided 
     for shared equity, the NRC is directed to invest $1,000,000 
     in technical assistance and $3,000,000 for capital grants for 
     affiliates to bring new homes into their existing shared 
     equity portfolios. The agreement directs the NRC to invest in 
     at least one recipient that serves a rural area or a city 
     with a population under 50,000 that has demonstrated success 
     in managing a shared equity portfolio. The agreement directs 
     the NRC to work with affiliate organizations with extensive 
     experience in offering shared equity homeownership 
     opportunities as technical assistance providers.

                      Surface Transportation Board


                         salaries and expenses

       The bill provides $41,429,000 for the salaries and expenses 
     of the Surface Transportation Board [STB]. The bill permits 
     the collection of up to $1,250,000 in user fees to be 
     credited to this appropriation and provides that the general 
     fund appropriation be reduced on a dollar-for-dollar basis by 
     the actual amount collected in user fees to result in a final 
     appropriation from the general fund estimated at not more 
     than $40,179,000.
       On-time performance.--The agreement approves the STB's 
     budget request regarding the Office of Passenger Rail and 
     provides not more than $1,000,000 for the Office of Passenger 
     Rail, including up to four full-time equivalents to assist 
     with passenger rail activities and other activities as 
     appropriate and as determined by the STB.

           United States Interagency Council on Homelessness


                           operating expenses

       The agreement provides $4,000,000 for operating expenses of 
     the U.S. Interagency Council on Homelessness [USICH]. The 
     agreement recognizes that USICH has transmitted a report on 
     partnerships between schools and housing agencies and does 
     not include the related direction in House Report 117-402.
       Mental health care and homeless populations.--The agreement 
     recognizes the importance of providing comprehensive care to 
     individuals experiencing severe mental illnesses and 
     homelessness. The agreement directs USICH to provide a 
     briefing to the House and Senate Committees on Appropriations 
     on the specific actions included in the Federal strategic 
     plan towards this goal of addressing mental health among 
     homeless populations within 90 days of enactment of this 
     act.
       Documentation barriers for people experiencing 
     homelessness.--The agreement recognizes that homeless 
     individuals and families face logistical barriers in 
     receiving assistance, particularly with regards to 
     identifying and eligibility documentation. The agreement 
     directs USICH to brief the House and Senate Committees on 
     Appropriations within 90 days of enactment of this act on the 
     specific actions included in the Federal strategic plan 
     regarding documentation barriers.
       Implementation of best practices.--The agreement directs 
     USICH to ensure best practices and evidence-based conclusions 
     are central to any technical assistance and recommendations 
     released by the agency.

                                TITLE IV

                      GENERAL PROVISIONS--THIS ACT

       Section 401 prohibits the use of funds for the planning or 
     execution of any program to pay the expenses of, or otherwise 
     compensate, non-Federal parties intervening in regulatory or 
     adjudicatory proceedings.
       Section 402 prohibits the obligation of funds beyond the 
     current fiscal year and the transfer of funds to other 
     appropriations, unless expressly provided.
       Section 403 limits consulting service expenditures through 
     procurement contracts to those contracts contained in the 
     public record, except where otherwise provided under existing 
     law.
       Section 404 prohibits funds from being used for certain 
     types of employee training.
       Section 405 specifies requirements for the reprogramming of 
     funds and requires agencies to submit a report in order to 
     establish the baseline for the application of reprogramming 
     and transfer authorities.
       Section 406 provides that not to exceed 50 percent of 
     unobligated balances for salaries and expenses may remain 
     available until September 30, 2024, for each account for the 
     purposes authorized, subject to the approval of the House and 
     Senate Committees on Appropriations.
       Section 407 prohibits the use of funds for any project that 
     seeks to use the power of eminent domain, unless eminent 
     domain is employed only for a public use.
       Section 408 prohibits funds from being transferred to any 
     department, agency, or instrumentality of the U.S. 
     Government, except where transfer authority is provided in 
     this or any other appropriations act.
       Section 409 prohibits funds from being used by an entity 
     unless the expenditure is in compliance with the Buy American 
     Act.
       Section 410 prohibits funds from being made available to 
     any person or entity that has been convicted of violating the 
     Buy American Act.
       Section 411 prohibits funds from being used for first-class 
     airline accommodations in contravention of sections 301-
     10.122 and 301-10.123 of title 41, CFR.
       Section 412 restricts the number of employees that agencies 
     may send to international conferences unless such attendance 
     is important to the national interest.

[[Page S9346]]

       Section 413 caps the amount of fees the STB can charge or 
     collect for rate or practice complaints filed at the amount 
     authorized for district court civil suit filing fees.
       Section 414 prohibits funds from being used to maintain or 
     establish computer networks unless such networks block the 
     viewing, downloading, or exchange of pornography.
       Section 415 prohibits funds from being used to deny an 
     Inspector General timely access to any records, documents, or 
     other materials available to the department or agency over 
     which that Inspector General has responsibilities, or to 
     prevent or impede that Inspector General's access to such 
     records, documents, or other materials.
       Section 416 prohibits funds to be used to pay award or 
     incentive fees for contractors whose performance is below 
     satisfactory, behind schedule, over budget, or failed to meet 
     requirements of the contract, with exceptions.
       Section 417 prohibits funds from being used to permanently 
     replace an employee intent on returning to his or her past 
     occupation following completion of military service.
       Section 418 prohibits funds from being used for the 
     approval of a new foreign air carrier permit or exemption 
     application if that approval would contravene United States 
     law or Article 17 bis of the U.S.-E.U.-Iceland-Norway Air 
     Transport Agreement.
       Section 419 prohibits funds made available by this act to 
     the DOT from being used in contravention of 54 U.S.C. 306108.
       Section 420 extends the availability of certain funding.
       Section 421 makes technical corrections to division L of 
     Public Law 117-103.
       Section 422 prohibits the use of funds by HUD to issue a 
     solicitation or accept bids on any solicitation that is 
     substantially equivalent to the draft solicitation entitled 
     ``Housing Assistance Payments (HAP) Contract Support Services 
     (HAPSS)''.
       Section 423 makes a technical correction to a highway 
     designation.

   DISCLOSURE OF EARMARKS AND CONGRESSIONALLY DIRECTED SPENDING ITEMS

       Following is a list of congressional earmarks and 
     congressionally directed spending items (as defined in clause 
     9 of rule XXI of the Rules of the House of Representatives 
     and rule XLIV of the Standing Rules of the Senate, 
     respectively) included in the bill or this explanatory 
     statement, along with the name of each House Member, Senator, 
     Delegate, or Resident Commissioner who submitted a request to 
     the Committee of jurisdiction for each item so identified. 
     For each item, a Member is required to provide a 
     certification that neither the Member nor the Member's 
     immediate family has a financial interest, and each Senator 
     is required to provide a certification that neither the 
     Senator nor the Senator's immediate family has a pecuniary 
     interest in such congressionally directed spending item. 
     Neither the bill nor the explanatory statement contains any 
     limited tax benefits or limited tariff benefits as defined in 
     the applicable House and Senate rules.

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  Mr. LEAHY. I yield the floor.
  I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The senior assistant legislative clerk proceeded to call the roll.
  Mr. SCHUMER. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________