[Congressional Record Volume 169, Number 169 (Monday, October 16, 2023)]
[Senate]
[Pages S4979-S5021]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 1347. Mr. THUNE (for Mr. Paul) submitted an amendment intended to
be proposed to amendment SA 1092 proposed by Mrs. Murray (for herself
and Ms. Collins) to the bill H.R. 4366, making appropriations for
military construction, the Department of Veterans Affairs, and related
agencies for the fiscal year ending September 30, 2024, and for other
purposes; which was ordered to lie on the table; as follows:
[[Page S4980]]
Strike divisions B and C, and insert the following:
DIVISION B--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG
ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2024
The following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for Agriculture,
Rural Development, Food and Drug Administration, and Related
Agencies for the fiscal year ending September 30, 2024, and
for other purposes, namely:
TITLE I
AGRICULTURAL PROGRAMS
Processing, Research, and Marketing
Office of the Secretary
(including transfers of funds)
For necessary expenses of the Office of the Secretary,
$44,663,000 of which not to exceed $5,101,000 shall be
available for the immediate Office of the Secretary; not to
exceed $958,000 shall be available for the Office of Homeland
Security; not to exceed $3,563,000 shall be available for the
Office of Tribal Relations, of which $686,000 shall be to
continue a Tribal Public Health Resource Center at a land
grant university with existing indigenous public health
expertise to expand current partnerships and collaborative
efforts with indigenous groups, including but not limited to,
tribal organizations and institutions such as tribal
colleges, tribal technical colleges, tribal community
colleges and tribal universities, to improve the delivery of
culturally appropriate public health services and functions
in American Indian communities focusing on indigenous food
sovereignty; not to exceed $6,370,000 shall be available for
the Office of Partnerships and Public Engagement, of which
$1,030,000 shall be for 7 U.S.C. 2279(c)(5); not to exceed
$19,509,000 shall be available for the Office of the
Assistant Secretary for Administration, of which $18,338,000
shall be available for Departmental Administration to provide
for necessary expenses for management support services to
offices of the Department and for general administration,
security, repairs and alterations, and other miscellaneous
supplies and expenses not otherwise provided for and
necessary for the practical and efficient work of the
Department: Provided, That funds made available by this Act
to an agency in the Administration mission area for salaries
and expenses are available to fund up to one administrative
support staff for the Office; not to exceed $3,164,000 shall
be available for the Office of Assistant Secretary for
Congressional Relations and Intergovernmental Affairs to
carry out the programs funded by this Act, including programs
involving intergovernmental affairs and liaison within the
executive branch; and not to exceed $5,998,000 shall be
available for the Office of Communications: Provided
further, That the Secretary of Agriculture is authorized to
transfer funds appropriated for any office of the Office of
the Secretary to any other office of the Office of the
Secretary: Provided further, That no appropriation for any
office shall be increased or decreased by more than 5
percent: Provided further, That not to exceed $15,000 of the
amount made available under this paragraph for the immediate
Office of the Secretary shall be available for official
reception and representation expenses, not otherwise provided
for, as determined by the Secretary: Provided further, That
the amount made available under this heading for Departmental
Administration shall be reimbursed from applicable
appropriations in this Act for travel expenses incident to
the holding of hearings as required by 5 U.S.C. 551-558:
Provided further, That funds made available under this
heading for the Office of the Assistant Secretary for
Congressional Relations and Intergovernmental Affairs shall
be transferred to agencies of the Department of Agriculture
funded by this Act to maintain personnel at the agency level:
Provided further, That no funds made available under this
heading for the Office of Assistant Secretary for
Congressional Relations may be obligated after 30 days from
the date of enactment of this Act, unless the Secretary has
notified the Committees on Appropriations of both Houses of
Congress on the allocation of these funds by USDA agency:
Provided further, That during any 30 day notification period
referenced in section 716 of this Act, the Secretary of
Agriculture shall take no action to begin implementation of
the action that is subject to section 716 of this Act or make
any public announcement of such action in any form.
Executive Operations
office of the chief economist
For necessary expenses of the Office of the Chief
Economist, $20,717,000, of which $6,864,000 shall be for
grants or cooperative agreements for policy research under 7
U.S.C. 3155: Provided, That of the amounts made available
under this heading, $1,373,000 shall be for an
interdisciplinary center based at a land grant university
focused on agricultural policy relevant to the Midwest region
which will provide private entities, policymakers, and the
public with timely insights and targeted economic solutions:
Provided further, That of the amounts made available under
this heading, $343,000 shall be available to carry out
section 224 of subtitle A of the Department of Agriculture
Reorganization Act of 1994 (7 U.S.C. 6924), as amended by
section 12504 of Public Law 115-334.
office of hearings and appeals
For necessary expenses of the Office of Hearings and
Appeals, $11,465,000..
office of budget and program analysis
For necessary expenses of the Office of Budget and Program
Analysis, $10,274,000.
Office of the Chief Information Officer
For necessary expenses of the Office of the Chief
Information Officer, $63,345,000, of which not less than
$77,428,000 is for cybersecurity requirements of the
department.
Office of the Chief Financial Officer
For necessary expenses of the Office of the Chief Financial
Officer, $5,057,000.
Office of the Assistant Secretary for Civil Rights
For necessary expenses of the Office of the Assistant
Secretary for Civil Rights, $1,006,000: Provided, That funds
made available by this Act to an agency in the Civil Rights
mission area for salaries and expenses are available to fund
up to one administrative support staff for the Office.
Office of Civil Rights
For necessary expenses of the Office of Civil Rights,
$25,806,000.
Agriculture Buildings and Facilities
(including transfers of funds)
For payment of space rental and related costs pursuant to
Public Law 92-313, including authorities pursuant to the 1984
delegation of authority from the Administrator of General
Services to the Department of Agriculture under 40 U.S.C.
121, for programs and activities of the Department which are
included in this Act, and for alterations and other actions
needed for the Department and its agencies to consolidate
unneeded space into configurations suitable for release to
the Administrator of General Services, and for the operation,
maintenance, improvement, and repair of Agriculture buildings
and facilities, and for related costs, $24,767,000, to remain
available until expended.
Hazardous Materials Management
(including transfers of funds)
For necessary expenses of the Department of Agriculture, to
comply with the Comprehensive Environmental Response,
Compensation, and Liability Act (42 U.S.C. 9601 et seq.) and
the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.),
$4,521,000, to remain available until expended: Provided,
That appropriations and funds available herein to the
Department for Hazardous Materials Management may be
transferred to any agency of the Department for its use in
meeting all requirements pursuant to the above Acts on
Federal and non-Federal lands.
Office of Safety, Security, and Protection
For necessary expenses of the Office of Safety, Security,
and Protection, $14,964,000.
Office of Inspector General
For necessary expenses of the Office of Inspector General,
including employment pursuant to the Inspector General Act of
1978 (Public Law 95-452; 5 U.S.C. App.), $76,577,000,
including such sums as may be necessary for contracting and
other arrangements with public agencies and private persons
pursuant to section 6(a)(9) of the Inspector General Act of
1978 (Public Law 95-452; 5 U.S.C. App.), and including not to
exceed $86,000 for certain confidential operational expenses,
including the payment of informants, to be expended under the
direction of the Inspector General pursuant to the Inspector
General Act of 1978 (Public Law 95-452; 5 U.S.C. App.) and
section 1337 of the Agriculture and Food Act of 1981 (Public
Law 97-98).
Office of the General Counsel
For necessary expenses of the Office of the General
Counsel, $41,554,000.
Office of Ethics
For necessary expenses of the Office of Ethics, $3,814,000.
Office of the Under Secretary for Research, Education, and Economics
For necessary expenses of the Office of the Under Secretary
for Research, Education, and Economics, $1,636,000:
Provided, That funds made available by this Act to an agency
in the Research, Education, and Economics mission area for
salaries and expenses are available to fund up to one
administrative support staff for the Office: Provided
further, That of the amounts made available under this
heading, $686,000 shall be made available for the Office of
the Chief Scientist.
Economic Research Service
For necessary expenses of the Economic Research Service,
$63,276,000.
National Agricultural Statistics Service
For necessary expenses of the National Agricultural
Statistics Service, $137,670,000, of which up to $38,371,000
shall be available until expended for the Census of
Agriculture: Provided, That amounts made available for the
Census of Agriculture may be used to conduct Current
Industrial Report surveys subject to 7 U.S.C. 2204g(d) and
(f).
Agricultural Research Service
salaries and expenses
For necessary expenses of the Agricultural Research Service
and for acquisition of lands by donation, exchange, or
purchase at a nominal cost not to exceed $100, and for land
exchanges where the lands exchanged shall be of equal value
or shall be equalized by a payment of money to the grantor
which shall not exceed 25 percent of the total value of the
land or interests transferred out of
[[Page S4981]]
Federal ownership, $1,230,664,000: Provided, That
appropriations hereunder shall be available for the operation
and maintenance of aircraft and the purchase of not to exceed
one for replacement only: Provided further, That
appropriations hereunder shall be available pursuant to 7
U.S.C. 2250 for the construction, alteration, and repair of
buildings and improvements, but unless otherwise provided,
the cost of constructing any one building shall not exceed
$343,000, except for headhouses or greenhouses which shall
each be limited to $1,236,000, except for 10 buildings to be
constructed or improved at a cost not to exceed $755,000
each, and except for four buildings to be constructed at a
cost not to exceed $3,432,000 each, and the cost of altering
any one building during the fiscal year shall not exceed 10
percent of the current replacement value of the building or
$343,000, whichever is greater: Provided further, That
appropriations hereunder shall be available for entering into
lease agreements at any Agricultural Research Service
location for the construction of a research facility by a
non-Federal entity for use by the Agricultural Research
Service and a condition of the lease shall be that any
facility shall be owned, operated, and maintained by the non-
Federal entity and shall be removed upon the expiration or
termination of the lease agreement: Provided further, That
the limitations on alterations contained in this Act shall
not apply to modernization or replacement of existing
facilities at Beltsville, Maryland: Provided further, That
appropriations hereunder shall be available for granting
easements at the Beltsville Agricultural Research Center:
Provided further, That the foregoing limitations shall not
apply to replacement of buildings needed to carry out the Act
of April 24, 1948 (21 U.S.C. 113a): Provided further, That
appropriations hereunder shall be available for granting
easements at any Agricultural Research Service location for
the construction of a research facility by a non-Federal
entity for use by, and acceptable to, the Agricultural
Research Service and a condition of the easements shall be
that upon completion the facility shall be accepted by the
Secretary, subject to the availability of funds herein, if
the Secretary finds that acceptance of the facility is in the
interest of the United States: Provided further, That funds
may be received from any State, other political subdivision,
organization, or individual for the purpose of establishing
or operating any research facility or research project of the
Agricultural Research Service, as authorized by law.
buildings and facilities
For the acquisition of land, construction, repair,
improvement, extension, alteration, and purchase of fixed
equipment or facilities as necessary to carry out the
agricultural research programs of the Department of
Agriculture, where not otherwise provided, $61,001,000 to
remain available until expended, of which $32,580,000 shall
be for the purposes, and in the amounts, specified for this
account in the table titled ``Congressionally Directed
Spending'' in the report accompanying this Act.
National Institute of Food and Agriculture
research and education activities
For payments to agricultural experiment stations, for
cooperative forestry and other research, for facilities, and
for other expenses, $744,489,000 which shall be for the
purposes, and in the amounts, specified in the table titled
``National Institute of Food and Agriculture, Research and
Education Activities'' in the report accompanying this Act:
Provided, That funds for research grants for 1994
institutions, education grants for 1890 institutions,
Hispanic serving institutions education grants, capacity
building for non-land-grant colleges of agriculture, the
agriculture and food research initiative, veterinary medicine
loan repayment, multicultural scholars, graduate fellowship
and institution challenge grants, grants management systems,
tribal colleges education equity grants, and scholarships at
1890 institutions shall remain available until expended:
Provided further, That each institution eligible to receive
funds under the Evans-Allen program receives no less than
$686,000: Provided further, That funds for education grants
for Alaska Native and Native Hawaiian-serving institutions be
made available to individual eligible institutions or
consortia of eligible institutions with funds awarded equally
to each of the States of Alaska and Hawaii: Provided
further, That funds for providing grants for food and
agricultural sciences for Alaska Native and Native Hawaiian-
Serving institutions and for Insular Areas shall remain
available until September 30, 2024: Provided further, That
funds for education grants for 1890 institutions shall be
made available to institutions eligible to receive funds
under 7 U.S.C. 3221 and 3222: Provided further, That not
more than 5 percent of the amounts made available by this or
any other Act to carry out the Agriculture and Food Research
Initiative under 7 U.S.C. 3157 may be retained by the
Secretary of Agriculture to pay administrative costs incurred
by the Secretary in carrying out that authority.
native american institutions endowment fund
For the Native American Institutions Endowment Fund
authorized by Public Law 103-382 (7 U.S.C. 301 note),
$8,155,000, to remain available until expended.
extension activities
For payments to States, the District of Columbia, Puerto
Rico, Guam, the Virgin Islands, Micronesia, the Northern
Marianas, and American Samoa, $389,480,000 which shall be for
the purposes, and in the amounts, specified in the table
titled ``National Institute of Food and Agriculture,
Extension Activities'' in the report accompanying this Act:
Provided, That funds for extension services at 1994
institutions and for facility improvements at 1890
institutions shall remain available until expended: Provided
further, That institutions eligible to receive funds under 7
U.S.C. 3221 for cooperative extension receive no less than
$686,000: Provided further, That funds for cooperative
extension under sections 3(b) and (c) of the Smith-Lever Act
(7 U.S.C. 343(b) and (c)) and section 208(c) of Public Law
93-471 shall be available for retirement and employees'
compensation costs for extension agents.
integrated activities
For the integrated research, education, and extension
grants programs, including necessary administrative expenses,
$28,486,000, which shall be for the purposes, and in the
amounts, specified in the table titled ``National Institute
of Food and Agriculture, Integrated Activities'' in the
report accompanying this Act: Provided, That funds for the
Food and Agriculture Defense Initiative shall remain
available until September 30, 2024: Provided further, That
notwithstanding any other provision of law, indirect costs
shall not be charged against any Extension Implementation
Program Area grant awarded under the Crop Protection/Pest
Management Program (7 U.S.C. 7626).
Office of the Under Secretary for Marketing and Regulatory Programs
For necessary expenses of the Office of the Under Secretary
for Marketing and Regulatory Programs, $1,110,000: Provided,
That funds made available by this Act to an agency in the
Marketing and Regulatory Programs mission area for salaries
and expenses are available to fund up to one administrative
support staff for the Office.
Animal and Plant Health Inspection Service
salaries and expenses
(including transfers of funds)
For necessary expenses of the Animal and Plant Health
Inspection Service, including up to $21,000 for
representation allowances and for expenses pursuant to the
Foreign Service Act of 1980 (22 U.S.C. 4085), $814,069,000 of
which up to $9,799,000 shall be for the purposes, and in the
amounts, specified for this account in the table titled
``Congressionally Directed Spending'' in the report
accompanying this Act; of which $353,000, to remain available
until expended, shall be available for the control of
outbreaks of insects, plant diseases, animal diseases and for
control of pest animals and birds (``contingency fund'') to
the extent necessary to meet emergency conditions; of which
$10,605,000, to remain available until expended, shall be
used for the cotton pests program, including for cost share
purposes or for debt retirement for active eradication zones;
of which $26,896,000, to remain available until expended,
shall be for Animal Health Technical Services; of which
$2,812,000 shall be for activities under the authority of the
Horse Protection Act of 1970, as amended (15 U.S.C. 1831); of
which $44,569,000, to remain available until expended, shall
be used to support avian health; of which $2,918,000, to
remain available until expended, shall be for information
technology infrastructure; of which $149,573,000, to remain
available until expended, shall be for specialty crop pests,
of which $5,835,000, to remain available until September 30,
2025, shall be for one-time control and management and
associated activities directly related to the multiple-agency
response to citrus greening; of which, $9,600,000, to remain
available until expended, shall be for field crop and
rangeland ecosystem pests; of which $14,804,000, to remain
available until expended, shall be for zoonotic disease
management; of which $32,994,000, to remain available until
expended, shall be for emergency preparedness and response;
of which $42,944,000, to remain available until expended,
shall be for tree and wood pests; of which $6,500,000, to
remain available until expended, shall be for the National
Veterinary Stockpile; of which up to $1,030,000, to remain
available until expended, shall be for the scrapie program
for indemnities; of which $1,716,000, to remain available
until expended, shall be for the wildlife damage management
program for aviation safety: Provided, That of amounts
available under this heading for wildlife services methods
development, $686,000 shall remain available until expended:
Provided further, That of amounts available under this
heading for the screwworm program, $3,425,000 shall remain
available until expended; of which $16,836,000, to remain
available until expended, shall be used to carry out the
science program and transition activities for the National
Bio and Agro-defense Facility located in Manhattan, Kansas:
Provided further, That no funds shall be used to formulate or
administer a brucellosis eradication program for the current
fiscal year that does not require minimum matching by the
States of at least 40 percent: Provided further, That this
appropriation shall be available for the purchase,
replacement, operation, and maintenance of aircraft:
Provided further, That in addition, in emergencies which
threaten any segment of the agricultural production industry
of the United States, the Secretary may transfer from other
appropriations or funds available
[[Page S4982]]
to the agencies or corporations of the Department such sums
as may be deemed necessary, to be available only in such
emergencies for the arrest and eradication of contagious or
infectious disease or pests of animals, poultry, or plants,
and for expenses in accordance with sections 10411 and 10417
of the Animal Health Protection Act (7 U.S.C. 8310 and 8316)
and sections 431 and 442 of the Plant Protection Act (7
U.S.C. 7751 and 7772), and any unexpended balances of funds
transferred for such emergency purposes in the preceding
fiscal year shall be merged with such transferred amounts:
Provided further, That appropriations hereunder shall be
available pursuant to law (7 U.S.C. 2250) for the repair and
alteration of leased buildings and improvements, but unless
otherwise provided the cost of altering any one building
during the fiscal year shall not exceed 10 percent of the
current replacement value of the building.
In fiscal year 2024, the agency is authorized to collect
fees to cover the total costs of providing technical
assistance, goods, or services requested by States, other
political subdivisions, domestic and international
organizations, foreign governments, or individuals, provided
that such fees are structured such that any entity's
liability for such fees is reasonably based on the technical
assistance, goods, or services provided to the entity by the
agency, and such fees shall be reimbursed to this account, to
remain available until expended, without further
appropriation, for providing such assistance, goods, or
services.
buildings and facilities
For plans, construction, repair, preventive maintenance,
environmental support, improvement, extension, alteration,
and purchase of fixed equipment or facilities, as authorized
by 7 U.S.C. 2250, and acquisition of land as authorized by 7
U.S.C. 2268a, $2,179,000, to remain available until expended.
Agricultural Marketing Service
marketing services
For necessary expenses of the Agricultural Marketing
Service, $157,801,000, of which $5,148,000 shall be available
for the purposes of section 12306 of Public Law 113-79, and
of which $686,000 shall be available for the purposes of
section 779 of division A of Public Law 117-103: Provided,
That of the amounts made available under this heading,
$10,296,000, to remain available until expended, shall be to
carry out section 12513 of Public Law 115-334, of which
$9,610,000 shall be for dairy business innovation initiatives
established in Public Law 116-6 and the Secretary shall take
measures to ensure an equal distribution of funds between
these three regional innovation initiatives: Provided
further, That this appropriation shall be available pursuant
to law (7 U.S.C. 2250) for the alteration and repair of
buildings and improvements, but the cost of altering any one
building during the fiscal year shall not exceed 10 percent
of the current replacement value of the building.
Fees may be collected for the cost of standardization
activities, as established by regulation pursuant to law (31
U.S.C. 9701), except for the cost of activities relating to
the development or maintenance of grain standards under the
United States Grain Standards Act, 7 U.S.C. 71 et seq.
limitation on administrative expenses
Not to exceed $42,967,000 (from fees collected) shall be
obligated during the current fiscal year for administrative
expenses: Provided, That if crop size is understated and/or
other uncontrollable events occur, the agency may exceed this
limitation by up to 10 percent with notification to the
Committees on Appropriations of both Houses of Congress.
funds for strengthening markets, income, and supply (section 32)
(including transfers of funds)
Funds available under section 32 of the Act of August 24,
1935 (7 U.S.C. 612c), shall be used only for commodity
program expenses as authorized therein, and other related
operating expenses, except for: (1) transfers to the
Department of Commerce as authorized by the Fish and Wildlife
Act of 1956 (16 U.S.C. 742a et seq.); (2) transfers otherwise
provided in this Act; and (3) not more than $14,759,000 for
formulation and administration of marketing agreements and
orders pursuant to the Agricultural Marketing Agreement Act
of 1937 and the Agricultural Act of 1961 (Public Law 87-128).
payments to states and possessions
For payments to departments of agriculture, bureaus and
departments of markets, and similar agencies for marketing
activities under section 204(b) of the Agricultural Marketing
Act of 1946 (7 U.S.C. 1623(b)), $848,000.
limitation on inspection and weighing services expenses
Not to exceed $37,753,000 (from fees collected) shall be
obligated during the current fiscal year for inspection and
weighing services: Provided, That if grain export activities
require additional supervision and oversight, or other
uncontrollable factors occur, this limitation may be exceeded
by up to 10 percent with notification to the Committees on
Appropriations of both Houses of Congress.
Office of the Under Secretary for Food Safety
For necessary expenses of the Office of the Under Secretary
for Food Safety, $767,000: Provided, That funds made
available by this Act to an agency in the Food Safety mission
area for salaries and expenses are available to fund up to
one administrative support staff for the Office.
Food Safety and Inspection Service
For necessary expenses to carry out services authorized by
the Federal Meat Inspection Act, the Poultry Products
Inspection Act, and the Egg Products Inspection Act,
including not to exceed $7,000 for representation allowances
and for expenses pursuant to section 8 of the Act approved
August 3, 1956 (7 U.S.C. 1766), $827,140,000; and in
addition, $686,000 may be credited to this account from fees
collected for the cost of laboratory accreditation as
authorized by section 1327 of the Food, Agriculture,
Conservation and Trade Act of 1990 (7 U.S.C. 138f):
Provided, That funds provided for the Public Health Data
Communication Infrastructure system shall remain available
until expended: Provided further, That no fewer than 148
full-time equivalent positions shall be employed during
fiscal year 2024 for purposes dedicated solely to inspections
and enforcement related to the Humane Methods of Slaughter
Act (7 U.S.C. 1901 et seq.): Provided further, That the Food
Safety and Inspection Service shall continue implementation
of section 11016 of Public Law 110-246 as further clarified
by the amendments made in section 12106 of Public Law 113-79:
Provided further, That this appropriation shall be available
pursuant to law (7 U.S.C. 2250) for the alteration and repair
of buildings and improvements, but the cost of altering any
one building during the fiscal year shall not exceed 10
percent of the current replacement value of the building.
TITLE II
FARM PRODUCTION AND CONSERVATION PROGRAMS
Office of the Under Secretary for Farm Production and Conservation
For necessary expenses of the Office of the Under Secretary
for Farm Production and Conservation, $1,185,000: Provided,
That funds made available by this Act to an agency in the
Farm Production and Conservation mission area for salaries
and expenses are available to fund up to one administrative
support staff for the Office.
Farm Production and Conservation Business Center
salaries and expenses
(including transfers of funds)
For necessary expenses of the Farm Production and
Conservation Business Center, $171,388,000, of which $686,000
shall be for the implementation of section 773 of Public Law
117-328: Provided, That $41,342,000 of amounts appropriated
for the current fiscal year pursuant to section 1241(a) of
the Farm Security and Rural Investment Act of 1985 (16 U.S.C.
3841(a)) shall be transferred to and merged with this
account.
Farm Service Agency
salaries and expenses
(including transfers of funds)
For necessary expenses of the Farm Service Agency,
$834,208,000, of which not less than $10,296,000 shall be for
the hiring of new employees to fill vacancies and anticipated
vacancies at Farm Service Agency county offices and farm loan
officers and shall be available until September 30, 2025:
Provided, That not more than 50 percent of the funding made
available under this heading for information technology
related to farm program delivery may be obligated until the
Secretary submits to the Committees on Appropriations of both
Houses of Congress, and receives written or electronic
notification of receipt from such Committees of, a plan for
expenditure that (1) identifies for each project/investment
over $25,000 (a) the functional and performance capabilities
to be delivered and the mission benefits to be realized, (b)
the estimated lifecycle cost for the entirety of the project/
investment, including estimates for development as well as
maintenance and operations, and (c) key milestones to be met;
(2) demonstrates that each project/investment is, (a)
consistent with the Farm Service Agency Information
Technology Roadmap, (b) being managed in accordance with
applicable lifecycle management policies and guidance, and
(c) subject to the applicable Department's capital planning
and investment control requirements; and (3) has been
reviewed by the Government Accountability Office and approved
by the Committees on Appropriations of both Houses of
Congress: Provided further, That the agency shall submit a
report by the end of the fourth quarter of fiscal year 2024
to the Committees on Appropriations and the Government
Accountability Office, that identifies for each project/
investment that is operational (a) current performance
against key indicators of customer satisfaction, (b) current
performance of service level agreements or other technical
metrics, (c) current performance against a pre-established
cost baseline, (d) a detailed breakdown of current and
planned spending on operational enhancements or upgrades, and
(e) an assessment of whether the investment continues to meet
business needs as intended as well as alternatives to the
investment: Provided further, That the Secretary is
authorized to use the services, facilities, and authorities
(but not the funds) of the Commodity Credit Corporation to
make program payments for all
[[Page S4983]]
programs administered by the Agency: Provided further, That
other funds made available to the Agency for authorized
activities may be advanced to and merged with this account:
Provided further, That of the amount appropriated under this
heading, $478,155,000 shall be made available to county
offices, to remain available until expended: Provided
further, That, notwithstanding the preceding proviso, any
funds made available to county offices in the current fiscal
year that the Administrator of the Farm Service Agency deems
to exceed or not meet the amount needed for the county
offices may be transferred to or from the Farm Service Agency
for necessary expenses: Provided further, That none of the
funds available to the Farm Service Agency shall be used to
close Farm Service Agency county offices: Provided further,
That none of the funds available to the Farm Service Agency
shall be used to permanently relocate county based employees
that would result in an office with two or fewer employees
without prior notification and approval of the Committees on
Appropriations of both Houses of Congress.
state mediation grants
For grants pursuant to section 502(b) of the Agricultural
Credit Act of 1987, as amended (7 U.S.C. 5101-5106),
$4,805,000: Provided, That the Secretary of Agriculture may
determine that United States territories and Federally
recognized Indian tribes are ``States'' for the purposes of
Subtitle A of such Act.
grassroots source water protection program
For necessary expenses to carry out wellhead or groundwater
protection activities under section 1240O of the Food
Security Act of 1985 (16 U.S.C. 3839bb-2), $5,148,000, to
remain available until expended.
dairy indemnity program
(including transfer of funds)
For necessary expenses involved in making indemnity
payments to dairy farmers and manufacturers of dairy products
under a dairy indemnity program, such sums as may be
necessary, to remain available until expended: Provided,
That such program is carried out by the Secretary in the same
manner as the dairy indemnity program described in the
Agriculture, Rural Development, Food and Drug Administration,
and Related Agencies Appropriations Act, 2001 (Public Law
106-387, 114 Stat. 1549A-12).
geographically disadvantaged farmers and ranchers
For necessary expenses to carry out direct reimbursement
payments to geographically disadvantaged farmers and ranchers
under section 1621 of the Food Conservation, and Energy Act
of 2008 (7 U.S.C. 8792), $2,746,000, to remain available
until expended.
agricultural credit insurance fund program account
(including transfers of funds)
For gross obligations for the principal amount of direct
and guaranteed farm ownership (7 U.S.C. 1922 et seq.) and
operating (7 U.S.C. 1941 et seq.) loans, emergency loans (7
U.S.C. 1961 et seq.), Indian tribe land acquisition loans (25
U.S.C. 5136), boll weevil loans (7 U.S.C. 1989), guaranteed
conservation loans (7 U.S.C. 1924 et seq.), relending program
(7 U.S.C. 1936c), and Indian highly fractionated land loans
(25 U.S.C. 5136) to be available from funds in the
Agricultural Credit Insurance Fund, as follows:
$2,402,462,000 for guaranteed farm ownership loans and
$2,127,895,000 for farm ownership direct loans;
$1,454,170,000 for unsubsidized guaranteed operating loans
and $1,120,920,000 for direct operating loans; emergency
loans, $25,855,000; Indian tribe land acquisition loans,
$13,728,000; guaranteed conservation loans, $102,963,000;
relending program, $42,164,000; Indian highly fractionated
land loans, $3,432,000; and for boll weevil eradication
program loans, $41,185,000: Provided, That the Secretary
shall deem the pink bollworm to be a boll weevil for the
purpose of boll weevil eradication program loans.
For the cost of direct and guaranteed loans and grants,
including the cost of modifying loans as defined in section
502 of the Congressional Budget Act of 1974, as follows:
$2,407,000 for emergency loans, to remain available until
expended; and $18,944,000 for direct farm operating loans,
$1,018,000 for unsubsidized guaranteed farm operating loans,
$13,295,000 for the relending program, $1,082,000 for Indian
highly fractionated land loans, and $177,000 for boll weevil
eradication program loans.
In addition, for administrative expenses necessary to carry
out the direct and guaranteed loan programs, $234,666,000:
Provided, That of this amount, $220,766,000 shall be
transferred to and merged with the appropriation for ``Farm
Service Agency, Salaries and Expenses''.
Funds appropriated by this Act to the Agricultural Credit
Insurance Program Account for farm ownership, operating and
conservation direct loans and guaranteed loans may be
transferred among these programs: Provided, That the
Committees on Appropriations of both Houses of Congress are
notified at least 15 days in advance of any transfer.
Risk Management Agency
salaries and expenses
For necessary expenses of the Risk Management Agency,
$45,901,000: Provided, That $686,000 of the amount
appropriated under this heading in this Act shall be
available for compliance and integrity activities required
under section 516(b)(2)(C) of the Federal Crop Insurance Act
of 1938 (7 U.S.C. 1516(b)(2)(C)), and shall be in addition to
amounts otherwise provided for such purpose: Provided
further, That not to exceed $1,000 shall be available for
official reception and representation expenses, as authorized
by 7 U.S.C. 1506(i).
Natural Resources Conservation Service
conservation operations
For necessary expenses for carrying out the provisions of
the Act of April 27, 1935 (16 U.S.C. 590a-f), including
preparation of conservation plans and establishment of
measures to conserve soil and water (including farm
irrigation and land drainage and such special measures for
soil and water management as may be necessary to prevent
floods and the siltation of reservoirs and to control
agricultural related pollutants); operation of conservation
plant materials centers; classification and mapping of soil;
dissemination of information; acquisition of lands, water,
and interests therein for use in the plant materials program
by donation, exchange, or purchase at a nominal cost not to
exceed $100 pursuant to the Act of August 3, 1956 (7 U.S.C.
2268a); purchase and erection or alteration or improvement of
permanent and temporary buildings; and operation and
maintenance of aircraft, $632,981,000, to remain available
until September 30, 2025: Provided, That appropriations
hereunder shall be available pursuant to 7 U.S.C. 2250 for
construction and improvement of buildings and public
improvements at plant materials centers, except that the cost
of alterations and improvements to other buildings and other
public improvements shall not exceed $172,000: Provided
further, That when buildings or other structures are erected
on non-Federal land, that the right to use such land is
obtained as provided in 7 U.S.C. 2250a.
watershed and flood prevention operations
For necessary expenses to carry out preventive measures,
including but not limited to surveys and investigations,
engineering operations, works of improvement, and changes in
use of land, in accordance with the Watershed Protection and
Flood Prevention Act (16 U.S.C. 1001-1005 and 1007-1009) and
in accordance with the provisions of laws relating to the
activities of the Department, $62,056,000, to remain
available until expended, of which up to $14,006,000 shall be
for the purposes, and in the amounts, specified for this
account in the table titled ``Congressionally Directed
Spending'' in the report accompanying this Act: Provided,
That for funds provided by this Act or any other prior Act,
the limitation regarding the size of the watershed or
subwatershed exceeding two hundred and fifty thousand acres
in which such activities can be undertaken shall only apply
for activities undertaken for the primary purpose of flood
prevention (including structural and land treatment
measures): Provided further, That of the amounts made
available under this heading, $3,432,000 shall be allocated
to projects and activities that can commence promptly
following enactment; that address regional priorities for
flood prevention, agricultural water management, inefficient
irrigation systems, fish and wildlife habitat, or watershed
protection; or that address authorized ongoing projects under
the authorities of section 13 of the Flood Control Act of
December 22, 1944 (Public Law 78-534) with a primary purpose
of watershed protection by preventing floodwater damage and
stabilizing stream channels, tributaries, and banks to reduce
erosion and sediment transport: Provided further, That of
the amounts made available under this heading, $10,000,000
shall be allocated to irrigation modernization projects and
activities located in Western states that increase fish or
wildlife habitat, reduce drought impact, improve water
quality or instream flow, or provide off-channel renewable
energy production.
watershed rehabilitation program
Under the authorities of section 14 of the Watershed
Protection and Flood Prevention Act, $1,373,000 is provided.
CORPORATIONS
The following corporations and agencies are hereby
authorized to make expenditures, within the limits of funds
and borrowing authority available to each such corporation or
agency and in accord with law, and to make contracts and
commitments without regard to fiscal year limitations as
provided by section 104 of the Government Corporation Control
Act as may be necessary in carrying out the programs set
forth in the budget for the current fiscal year for such
corporation or agency, except as hereinafter provided.
Federal Crop Insurance Corporation Fund
For payments as authorized by section 516 of the Federal
Crop Insurance Act (7 U.S.C. 1516), such sums as may be
necessary, to remain available until expended.
Commodity Credit Corporation Fund
reimbursement for net realized losses
(including transfers of funds)
For the current fiscal year, such sums as may be necessary
to reimburse the Commodity Credit Corporation for net
realized losses sustained, but not previously reimbursed,
pursuant to section 2 of the Act of August 17, 1961 (15
U.S.C. 713a-11): Provided, That of the funds available to
the Commodity Credit Corporation under section 11 of the
Commodity Credit Corporation Charter Act (15 U.S.C. 714i) for
the conduct of its business with the Foreign Agricultural
Service, up to $3,432,000 may be transferred to and used by
the Foreign Agricultural Service for information resource
management activities of the Foreign Agricultural Service
that are
[[Page S4984]]
not related to Commodity Credit Corporation business:
Provided further, That the Secretary shall notify the
Committees on Appropriations of the House and Senate in
writing 15 days prior to the obligation or commitment of any
emergency funds from the Commodity Credit Corporation.
hazardous waste management
(limitation on expenses)
For the current fiscal year, the Commodity Credit
Corporation shall not expend more than $10,296,000 for site
investigation and cleanup expenses, and operations and
maintenance expenses to comply with the requirement of
section 107(g) of the Comprehensive Environmental Response,
Compensation, and Liability Act (42 U.S.C. 9607(g)), and
section 6001 of the Solid Waste Disposal Act (42 U.S.C.
6961).
TITLE III
RURAL DEVELOPMENT PROGRAMS
Office of the Under Secretary for Rural Development
For necessary expenses of the Office of the Under Secretary
for Rural Development, $1,112,000: Provided, That funds made
available by this Act to an agency in the Rural Development
mission area for salaries and expenses are available to fund
up to one administrative support staff for the Office.
Rural Development
salaries and expenses
(including transfers of funds)
For necessary expenses for carrying out the administration
and implementation of Rural Development programs, including
activities with institutions concerning the development and
operation of agricultural cooperatives; and for cooperative
agreements; $240,992,000: Provided, That of the amount made
available under this heading, up to $2,059,000, to remain
available until September 30, 2025, shall be for the Rural
Partners Network activities of the Department of Agriculture,
and may be transferred to other agencies of the Department
for such purpose, consistent with the missions and
authorities of such agencies: Provided further, That of the
amount made available under this heading, no less than
$68,642,000, to remain available until expended, shall be
used for information technology expenses: Provided further,
That notwithstanding any other provision of law, funds
appropriated under this heading may be used for advertising
and promotional activities that support Rural Development
programs: Provided further, That in addition to any other
funds appropriated for purposes authorized by section 502(i)
of the Housing Act of 1949 (42 U.S.C. 1472(i)), any amounts
collected under such section, as amended by this Act, will
immediately be credited to this account and will remain
available until expended for such purposes.
Rural Housing Service
rural housing insurance fund program account
(including transfers of funds)
For gross obligations for the principal amount of direct
and guaranteed loans as authorized by title V of the Housing
Act of 1949, to be available from funds in the rural housing
insurance fund, as follows: $583,455,000 shall be for direct
loans, $5,148,000 shall be for a Single Family Housing
Relending demonstration program for Native American Tribes;
and $20,592,536,000, which shall remain available until
September 30, 2025 shall be for unsubsidized guaranteed
loans; $19,220,000 for section 504 housing repair loans;
$41,185,000 section 515 rental housing; $274,567,000 for
section 538 guaranteed multi-family housing loans; $6,864,000
for credit sales of single family housing acquired property;
$3,432,000 for section 523 self-help housing land development
loans; and $3,432,000 for section 524 site development loans.
For the cost of direct and guaranteed loans, including the
cost of modifying loans, as defined in section 502 of the
Congressional Budget Act of 1974, as follows: section 502
loans, $42,995,000 shall be for direct loans; Single Family
Housing Relending demonstration program for Native American
Tribes, $2,356,000; section 504 housing repair loans,
$3,335,000; section 523 self-help housing land development
loans, $437,000; section 524 site development loans,
$327,000; and repair, rehabilitation, and new construction of
section 515 rental housing, $14,407,000, to remain available
until expended: Provided, That to support the loan program
level for section 538 guaranteed loans made available under
this heading the Secretary may charge or adjust any fees to
cover the projected cost of such loan guarantees pursuant to
the provisions of the Credit Reform Act of 1990 (2 U.S.C. 661
et seq.), and the interest on such loans may not be
subsidized: Provided further, That applicants in communities
that have a current rural area waiver under section 541 of
the Housing Act of 1949 (42 U.S.C. 1490q) shall be treated as
living in a rural area for purposes of section 502 guaranteed
loans provided under this heading: Provided further, That of
the amounts available under this paragraph for section 502
direct loans, no less than $3,432,000 shall be available for
direct loans for individuals whose homes will be built
pursuant to a program funded with a mutual and self-help
housing grant authorized by section 523 of the Housing Act of
1949 until June 1, 2024: Provided further, That the
Secretary shall implement provisions to provide incentives to
nonprofit organizations and public housing authorities to
facilitate the acquisition of Rural Housing Service (RHS)
multifamily housing properties by such nonprofit
organizations and public housing authorities that commit to
keep such properties in the RHS multifamily housing program
for a period of time as determined by the Secretary, with
such incentives to include, but not be limited to, the
following: allow such nonprofit entities and public housing
authorities to earn a Return on Investment on their own
resources to include proceeds from low income housing tax
credit syndication, own contributions, grants, and developer
loans at favorable rates and terms, invested in a deal; and
allow reimbursement of organizational costs associated with
owner's oversight of asset referred to as ``Asset Management
Fee'' of up to $7,500 per property.
In addition, for the cost of direct loans and grants,
including the cost of modifying loans, as defined in section
502 of the Congressional Budget Act of 1974, $24,025,000, to
remain available until expended, for a demonstration program
for the preservation and revitalization of the sections 514,
515, and 516 multi-family rental housing properties to
restructure existing USDA multi-family housing loans, as the
Secretary deems appropriate, expressly for the purposes of
ensuring the project has sufficient resources to preserve the
project for the purpose of providing safe and affordable
housing for low-income residents and farm laborers including
reducing or eliminating interest; deferring loan payments,
subordinating, reducing or re-amortizing loan debt; and other
financial assistance including advances, payments and
incentives (including the ability of owners to obtain
reasonable returns on investment) required by the Secretary:
Provided, That the Secretary shall, as part of the
preservation and revitalization agreement, obtain a
restrictive use agreement consistent with the terms of the
restructuring.
In addition, for the cost of direct loans, grants, and
contracts, as authorized by sections 514 and 516 of the
Housing Act of 1949 (42 U.S.C. 1484, 1486), $12,838,000, to
remain available until expended, for direct farm labor
housing loans and domestic farm labor housing grants and
contracts.
In addition, for administrative expenses necessary to carry
out the direct and guaranteed loan programs, $282,979,000
shall be paid to the appropriation for ``Rural Development,
Salaries and Expenses''.
rental assistance program
For rental assistance agreements entered into or renewed
pursuant to the authority under section 521(a)(2) of the
Housing Act of 1949 or agreements entered into in lieu of
debt forgiveness or payments for eligible households as
authorized by section 502(c)(5)(D) of the Housing Act of
1949, $1,103,760,000, and in addition such sums as may be
necessary, as authorized by section 521(c) of the Act, to
liquidate debt incurred prior to fiscal year 1992 to carry
out the rental assistance program under section 521(a)(2) of
the Act: Provided, That amounts made available under this
heading shall be available for renewal of rental assistance
agreements for a maximum of 15,000 units where the Secretary
determines that a maturing loan for a project cannot
reasonably be restructured with another USDA loan or
modification and the project was operating with rental
assistance under section 521 of the Housing Act of 1949:
Provided further, That the Secretary may enter into rental
assistance contracts in maturing properties with existing
rental assistance agreements notwithstanding any provision of
section 521 of the Housing Act of 1949, for a term of at
least 10 years but not more than 20 years: Provided further,
That any agreement to enter into a rental assistance contract
under section 521 of the Housing Act of 1949 for a maturing
property shall obligate the owner to continue to maintain the
project as decent, safe, and sanitary housing and to operate
the development in accordance with the Housing Act of 1949,
except that initial rents shall be based on the budget-based
needs of the project: Provided further, That annual rent
adjustments shall be based on the lesser of (1) the budget-
based needs of the project, or (2) the operating cost
adjustment factor as a payment standard as provided under
section 524 of the Multifamily Assisted Housing Reform and
Affordability Act of 1997 (42 U.S.C. 1437f note): Provided
further, That rental assistance agreements entered into or
renewed during the current fiscal year shall be funded for a
one year period: Provided further, That upon request by an
owner under section 514 or 515 of the Act, the Secretary may
renew the rental assistance agreement for a period of 20
years or until the term of such loan has expired, subject to
annual appropriations: Provided further, That rental
assistance agreements entered into or renewed during the
current fiscal year shall be funded for a one-year period:
Provided further, That upon request by an owner of a project
financed by an existing loan under section 514 or 515 of the
Act, the Secretary may renew the rental assistance agreement
for a period of 20 years or until the term of such loan has
expired, subject to annual appropriations: Provided further,
That any unexpended balances remaining at the end of such
one-year agreements may be transferred and used for purposes
of any debt reduction, maintenance, repair, or rehabilitation
of any existing projects; preservation; and rental assistance
activities authorized under title V of the Act: Provided
further, That rental assistance provided under agreements
entered into prior to fiscal year 2024 for a farm labor
multi-family housing project financed under
[[Page S4985]]
section 514 or 516 of the Act may not be recaptured for use
in another project until such assistance has remained unused
for a period of six consecutive months, if such project has a
waiting list of tenants seeking such assistance or the
project has rental assistance eligible tenants who are not
receiving such assistance: Provided further, That such
recaptured rental assistance shall, to the extent
practicable, be applied to another farm labor multi-family
housing project financed under section 514 or 516 of the Act:
Provided further, That except as provided in the tenth
proviso under this heading and notwithstanding any other
provision of the Act, the Secretary may recapture rental
assistance provided under agreements entered into prior to
fiscal year 2024 for a project that the Secretary determines
no longer needs rental assistance and use such recaptured
funds for current needs.
rural housing voucher account
For the rural housing voucher program as authorized under
section 542 of the Housing Act of 1949, but notwithstanding
subsection (b) of such section, $32,948,000, to remain
available until expended: Provided, That the funds made
available under this heading shall be available for rural
housing vouchers to any low-income household (including those
not receiving rental assistance) residing in a property
financed with a section 515 loan which has been prepaid or
otherwise paid off after September 30, 2005: Provided
further, That the amount of such voucher shall be the
difference between comparable market rent for the section 515
unit and the tenant paid rent for such unit: Provided
further, That funds made available for such vouchers shall be
subject to the availability of annual appropriations:
Provided further, That the Secretary shall, to the maximum
extent practicable, administer such vouchers with current
regulations and administrative guidance applicable to section
8 housing vouchers administered by the Secretary of the
Department of Housing and Urban Development: Provided
further, That in addition to any other available funds, the
Secretary may expend not more than $686,000 total, from the
program funds made available under this heading, for
administrative expenses for activities funded under this
heading.
mutual and self-help housing grants
For grants and contracts pursuant to section 523(b)(1)(A)
of the Housing Act of 1949 (42 U.S.C. 1490c), $21,965,000, to
remain available until expended.
rural housing assistance grants
For grants for very low-income housing repair and rural
housing preservation made by the Rural Housing Service, as
authorized by 42 U.S.C. 1474, and 1490m, $32,948,000, to
remain available until expended.
rural community facilities program account
(including transfers of funds)
For gross obligations for the principal amount of direct
and guaranteed loans as authorized by section 306 and
described in section 381E(d)(1) of the Consolidated Farm and
Rural Development Act, $1,921,970,000 for direct loans and
$446,172,000 for guaranteed loans.
For the cost of direct loans, loan guarantees and grants,
including the cost of modifying loans, as defined in section
502 of the Congressional Budget Act of 1974, for rural
community facilities programs as authorized by section 306
and described in section 381E(d)(1) of the Consolidated Farm
and Rural Development Act, $173,756,000, to remain available
until expended, of which up to $140,808,000 shall be for the
purposes, and in the amounts, specified for this account in
the table titled ``Congressionally Directed Spending'' in the
report accompanying this Act: Provided, That $4,119,000 of
the amount appropriated under this heading shall be available
for a Rural Community Development Initiative: Provided
further, That such funds shall be used solely to develop the
capacity and ability of private, nonprofit community-based
housing and community development organizations, low-income
rural communities, and Federally Recognized Native American
Tribes to undertake projects to improve housing, community
facilities, community and economic development projects in
rural areas: Provided further, That such funds shall be made
available to qualified private, nonprofit and public
intermediary organizations proposing to carry out a program
of financial and technical assistance: Provided further,
That such intermediary organizations shall provide matching
funds from other sources, including Federal funds for related
activities, in an amount not less than funds provided:
Provided further, That any unobligated balances from prior
year appropriations under this heading for the cost of direct
loans, loan guarantees and grants, including amounts
deobligated or cancelled, may be made available to cover the
subsidy costs for direct loans and or loan guarantees under
this heading in this fiscal year: Provided further, That no
amounts may be made available pursuant to the preceding
proviso from amounts that were designated by the Congress as
an emergency requirement pursuant to a Concurrent Resolution
on the Budget or the Balanced Budget and Emergency Deficit
Control Act of 1985, or that were specified in the table
titled ``Congressionally Directed Spending'' in the report
accompanying this Act: Provided further, That $6,864,000 of
the amount appropriated under this heading shall be available
for community facilities grants to tribal colleges, as
authorized by section 306(a)(19) of such Act: Provided
further, That sections 381E-H and 381N of the Consolidated
Farm and Rural Development Act are not applicable to the
funds made available under this heading.
Rural Business--Cooperative Service
rural business program account
For the cost of loan guarantees and grants, for the rural
business development programs authorized by section 310B and
described in subsections (a), (c), (f) and (g) of section
310B of the Consolidated Farm and Rural Development Act,
$53,354,000, to remain available until expended: Provided,
That of the amount appropriated under this heading, not to
exceed $343,000 shall be made available for one grant to a
qualified national organization to provide technical
assistance for rural transportation in order to promote
economic development and $8,237,000 shall be for grants to
the Delta Regional Authority (7 U.S.C. 2009aa et seq.), the
Northern Border Regional Commission (40 U.S.C. 15101 et
seq.), the Southwest Border Regional Commission (40 U.S.C.
15301 et seq.), and the Appalachian Regional Commission (40
U.S.C. 14101 et seq.) for any Rural Community Advancement
Program purpose as described in section 381E(d) of the
Consolidated Farm and Rural Development Act, of which not
more than 5 percent may be used for administrative expenses:
Provided further, That $2,746,000 of the amount appropriated
under this heading shall be for business grants to benefit
Federally Recognized Native American Tribes, including
$172,000 for a grant to a qualified national organization to
provide technical assistance for rural transportation in
order to promote economic development: Provided further,
That sections 381E-H and 381N of the Consolidated Farm and
Rural Development Act are not applicable to funds made
available under this heading.
intermediary relending program fund account
(including transfer of funds)
For the principal amount of direct loans, as authorized by
the Intermediary Relending Program Fund Account (7 U.S.C.
1936b), $12,966,000.
For the cost of direct loans, $3,935,000, as authorized by
the Intermediary Relending Program Fund Account (7 U.S.C.
1936b), of which $393,000 shall be available through June 30,
2024, for Federally Recognized Native American Tribes; and of
which $787,000 shall be available through June 30, 2024, for
Mississippi Delta Region counties (as determined in
accordance with Public Law 100-460): Provided, That such
costs, including the cost of modifying such loans, shall be
as defined in section 502 of the Congressional Budget Act of
1974.
In addition, for administrative expenses to carry out the
direct loan programs, $3,067,000 shall be paid to the
appropriation for ``Rural Development, Salaries and
Expenses''.
rural economic development loans program account
For the principal amount of direct loans, as authorized
under section 313B(a) of the Rural Electrification Act, for
the purpose of promoting rural economic development and job
creation projects, $51,481,000.
The cost of grants authorized under section 313B(a) of the
Rural Electrification Act, for the purpose of promoting rural
economic development and job creation projects shall not
exceed $10,296,000.
rural cooperative development grants
For rural cooperative development grants authorized under
section 310B(e) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1932), $19,426,000, of which
$2,402,000 shall be for cooperative agreements for the
appropriate technology transfer for rural areas program:
Provided, That not to exceed $2,059,000 shall be for grants
for cooperative development centers, individual cooperatives,
or groups of cooperatives that serve socially disadvantaged
groups and a majority of the boards of directors or governing
boards of which are comprised of individuals who are members
of socially disadvantaged groups; and of which $10,983,000,
to remain available until expended, shall be for value-added
agricultural product market development grants, as authorized
by section 210A of the Agricultural Marketing Act of 1946, of
which $2,059,000, to remain available until expended, shall
be for Agriculture Innovation Centers authorized pursuant to
section 6402 of Public Law 107-171.
rural microentrepreneur assistance program
For the principal amount of direct loans as authorized by
section 379E of the Consolidated Farm and Rural Development
Act (7 U.S.C. 2008s), $13,728,000.
For the cost of loans and grants, $4,119,000 under the same
terms and conditions as authorized by section 379E of the
Consolidated Farm and Rural Development Act (7 U.S.C. 2008s).
rural energy for america program
For the principal amount of loan guarantees, under the same
terms and conditions as authorized by section 9007 of the
Farm Security and Rural Investment Act of 2002 (7 U.S.C.
8107), $34,321,000.
healthy food financing initiative
For the cost of loans and grants that is consistent with
section 243 of subtitle D of title II of the Department of
Agriculture Reorganization Act of 1994 (7 U.S.C. 6953), as
added by section 4206 of the Agricultural Act of 2014, for
necessary expenses of the Secretary to support projects that
provide access to healthy food in underserved areas, to
[[Page S4986]]
create and preserve quality jobs, and to revitalize low-
income communities, $686,000, to remain available until
expended: Provided, That such costs of loans, including the
cost of modifying such loans, shall be as defined in section
502 of the Congressional Budget Act of 1974.
Rural Utilities Service
rural water and waste disposal program account
(including transfers of funds)
For gross obligations for the principal amount of direct
and guaranteed loans as authorized by section 306 and
described in section 381E(d)(2) of the Consolidated Farm and
Rural Development Act, as follows: $604,048,000 for direct
loans; and $34,321,000 for guaranteed loans.
For the cost of direct loans, loan guarantees and grants,
including the cost of modifying loans, as defined in section
502 of the Congressional Budget Act of 1974, for rural water,
waste water, waste disposal, and solid waste management
programs authorized by sections 306, 306A, 306C, 306D, 306E,
and 310B and described in sections 306C(a)(2), 306D, 306E,
and 381E(d)(2) of the Consolidated Farm and Rural Development
Act, $460,971,000, to remain available until expended, of
which not to exceed $686,000 shall be available for the rural
utilities program described in section 306(a)(2)(B) of such
Act, and of which not to exceed $3,432,000 shall be available
for the rural utilities program described in section 306E of
such Act: Provided, That not to exceed $6,864,000 of the
amount appropriated under this heading shall be for grants
authorized by section 306A(i)(2) of the Consolidated Farm and
Rural Development Act in addition to funding authorized by
section 306A(i)(1) of such Act: Provided further, That
$48,049,000 of the amount appropriated under this heading
shall be for loans and grants including water and waste
disposal systems grants authorized by section 306C(a)(2)(B)
and section 306D of the Consolidated Farm and Rural
Development Act, and Federally Recognized Native American
Tribes authorized by 306C(a)(1) of such Act, and the
Department of Hawaiian Home Lands (of the State of Hawaii):
Provided further, That funding provided for section 306D of
the Consolidated Farm and Rural Development Act may be
provided to a consortium formed pursuant to section 325 of
Public Law 105-83: Provided further, That not more than 2
percent of the funding provided for section 306D of the
Consolidated Farm and Rural Development Act may be used by
the State of Alaska for training and technical assistance
programs and not more than 2 percent of the funding provided
for section 306D of the Consolidated Farm and Rural
Development Act may be used by a consortium formed pursuant
to section 325 of Public Law 105-83 for training and
technical assistance programs: Provided further, That not to
exceed $25,471,000 of the amount appropriated under this
heading shall be for technical assistance grants for rural
water and waste systems pursuant to section 306(a)(14) of
such Act, unless the Secretary makes a determination of
extreme need, of which $5,835,000 shall be made available for
a grant to a qualified nonprofit multi-State regional
technical assistance organization, with experience in working
with small communities on water and waste water problems, the
principal purpose of such grant shall be to assist rural
communities with populations of 3,300 or less, in improving
the planning, financing, development, operation, and
management of water and waste water systems, and of which not
less than $549,000 shall be for a qualified national Native
American organization to provide technical assistance for
rural water systems for tribal communities: Provided
further, That not to exceed $17,160,000 of the amount
appropriated under this heading shall be for contracting with
qualified national organizations for a circuit rider program
to provide technical assistance for rural water systems:
Provided further, That not to exceed $2,746,000 of the
amounts made available under this heading shall be for solid
waste management grants: Provided further, That not to
exceed $5,550,000 of the amounts appropriated under this
heading shall be available as the Secretary deems appropriate
for water and waste direct one percent loans for distressed
communities: Provided further, That if the Secretary
determines that any portion of the amount made available for
one percent loans is not needed for such loans, the Secretary
may use such amounts for grants authorized by section
306(a)(2) of the Consolidated Farm and Rural Development Act:
Provided further, That if any funds made available for the
direct loan subsidy costs remain unobligated after July 31,
2024, such unobligated balances may be used for grant
programs funded under this heading: Provided further, That
$6,864,000 of the amount appropriated under this heading
shall be transferred to, and merged with, the Rural Utilities
Service, High Energy Cost Grants Account to provide grants
authorized under section 19 of the Rural Electrification Act
of 1936 (7 U.S.C. 918a): Provided further, That sections
381E-H and 381N of the Consolidated Farm and Rural
Development Act are not applicable to the funds made
available under this heading.
rural electrification and telecommunications loans program account
(including transfer of funds)
The principal amount of loans and loan guarantees as
authorized by sections 4, 305, 306, 313A, and 317 of the
Rural Electrification Act of 1936 (7 U.S.C. 904, 935, 936,
940c-1, and 940g) shall be made as follows: guaranteed rural
electric loans made pursuant to section 306 of that Act,
$1,487,467,000; cost of money direct loans made pursuant to
sections 4, notwithstanding the one-eighth of one percent in
4(c)(2), and 317, notwithstanding 317(c), of that Act,
$2,974,249,000; guaranteed underwriting loans pursuant to
section 313A of that Act, $617,776,000; and for cost-of-money
rural telecommunications loans made pursuant to section
305(d)(2) of that Act, $473,628,000: Provided, That up to
$1,372,836,000 shall be used for the construction,
acquisition, design, engineering or improvement of fossil-
fueled electric generating plants (whether new or existing)
that utilize carbon subsurface utilization and storage
systems.
For the cost of direct loans as authorized by section
305(d)(2) of the Rural Electrification Act of 1936 (7 U.S.C.
935(d)(2)), including the cost of modifying loans, as defined
in section 502 of the Congressional Budget Act of 1974, cost
of money rural telecommunications loans, $4,962,000.
In addition, $7,368,000 to remain available until expended,
to carry out section 6407 of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 8107a): Provided, That the
energy efficiency measures supported by the funding in this
paragraph shall contribute in a demonstrable way to the
reduction of greenhouse gases.
In addition, for administrative expenses necessary to carry
out the direct and guaranteed loan programs, $22,837,000,
which shall be paid to the appropriation for ``Rural
Development, Salaries and Expenses''.
distance learning, telemedicine, and broadband program
For grants for telemedicine and distance learning services
in rural areas, as authorized by 7 U.S.C. 950aaa et seq.,
$43,053,000, to remain available until expended, of which up
to $1,868,000 shall be for the purposes, and in the amounts,
specified for this account in the table titled
``Congressionally Directed Spending'' in the report
accompanying this Act: Provided, That $2,059,000 shall be
made available for grants authorized by section 379G of the
Consolidated Farm and Rural Development Act: Provided
further, That funding provided under this heading for grants
under section 379G of the Consolidated Farm and Rural
Development Act may only be provided to entities that meet
all of the eligibility criteria for a consortium as
established by this section.
For the cost to continue a broadband loan and grant pilot
program established by section 779 of division A of the
Consolidated Appropriations Act, 2018 (Public Law 115-141)
under the Rural Electrification Act of 1936, as amended (7
U.S.C. 901 et seq.), $67,269,000, to remain available until
expended: Provided, That the Secretary may award grants
described in section 601(a) of the Rural Electrification Act
of 1936, as amended (7 U.S.C. 950bb(a)) for the purposes of
carrying out such pilot program: Provided further, That the
cost of direct loans shall be defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That at
least 90 percent of the households to be served by a project
receiving a loan or grant under the pilot program shall be in
a rural area without sufficient access to broadband:
Provided further, That for purposes of such pilot program, a
rural area without sufficient access to broadband shall be
defined as twenty-five megabits per second downstream and
three megabits per second upstream: Provided further, That
to the extent possible, projects receiving funds provided
under the pilot program must build out service to at least
one hundred megabits per second downstream, and twenty
megabits per second upstream: Provided further, That an
entity to which a loan or grant is made under the pilot
program shall not use the loan or grant to overbuild or
duplicate broadband service in a service area by any entity
that has received a broadband loan from the Rural Utilities
Service unless such service is not provided sufficient access
to broadband at the minimum service threshold: Provided
further, That not more than four percent of the funds made
available in this paragraph can be used for administrative
costs to carry out the pilot program and up to three percent
of funds made available in this paragraph may be available
for technical assistance and pre-development planning
activities to support the most rural communities: Provided
further, That the Rural Utilities Service is directed to
expedite program delivery methods that would implement this
paragraph: Provided further, That for purposes of this
paragraph, the Secretary shall adhere to the notice,
reporting and service area assessment requirements set forth
in section 701 of the Rural Electrification Act (7 U.S.C.
950cc).
In addition, $24,025,000, to remain available until
expended, for the Community Connect Grant Program authorized
by 7 U.S.C. 950bb-3.
TITLE IV
DOMESTIC FOOD PROGRAMS
Office of the Under Secretary for Food, Nutrition, and Consumer
Services
For necessary expenses of the Office of the Under Secretary
for Food, Nutrition, and Consumer Services, $945,000:
Provided, That funds made available by this Act to an agency
in the Food, Nutrition and Consumer Services mission area for
salaries and expenses are available to fund up to one
administrative support staff for the Office.
Food and Nutrition Service
child nutrition programs
(including transfers of funds)
For necessary expenses to carry out the Richard B. Russell
National School Lunch
[[Page S4987]]
Act (42 U.S.C. 1751 et seq.), except section 21, and the
Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), except
sections 17 and 21; $21,987,952,000 to remain available
through September 30, 2025, of which such sums as are made
available under section 14222(b)(1) of the Food,
Conservation, and Energy Act of 2008 (Public Law 110-246), as
amended by this Act, shall be merged with and available for
the same time period and purposes as provided herein:
Provided, That of the total amount available, $13,840,000
shall be available to carry out section 19 of the Child
Nutrition Act of 1966 (42 U.S.C. 1771 et seq.): Provided
further, That of the total amount available, $15,016,000
shall be available to carry out studies and evaluations and
shall remain available until expended: Provided further,
That of the total amount available, $6,864,000 shall remain
available until expended to carry out section 18(g) of the
Richard B. Russell National School Lunch Act (42 U.S.C.
1769(g)): Provided further, That notwithstanding section
18(g)(3)(C) of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1769(g)(3)(c)), the total grant amount
provided to a farm to school grant recipient in fiscal year
2024 shall not exceed $343,000: Provided further, That of
the total amount available, $13,728,000 shall be available to
provide competitive grants to State agencies for subgrants to
local educational agencies and schools to purchase the
equipment, with a value of greater than $1,000, needed to
serve healthier meals, improve food safety, and to help
support the establishment, maintenance, or expansion of the
school breakfast program: Provided further, That of the
total amount available, $1,373,000 shall remain available
until expended to carry out activities authorized under
subsections (a)(2) and (e)(2) of section 21 of the Richard B.
Russell National School Lunch Act (42 U.S.C. 1769b-1(a)(2)
and (e)(2)): Provided further, That section 26(d) of the
Richard B. Russell National School Lunch Act (42 U.S.C.
1769g(d)) is amended in the first sentence by striking ``2010
through 2024'' and inserting ``2010 through 2025'': Provided
further, That section 9(h)(3) of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1758(h)(3)) is amended
in the first sentence by striking ``For fiscal year 2023''
and inserting ``For fiscal year 2024'': Provided further,
That section 9(h)(4) of the Richard B. Russell National
School Lunch Act (42 U.S.C. 1758(h)(4)) is amended in the
first sentence by striking ``For fiscal year 2023'' and
inserting ``For fiscal year 2024''.
special supplemental nutrition program for women, infants, and children
(wic)
For necessary expenses to carry out the special
supplemental nutrition program as authorized by section 17 of
the Child Nutrition Act of 1966 (42 U.S.C. 1786),
$4,324,432,000, to remain available through September 30,
2025: Provided, That notwithstanding section 17(h)(10) of
the Child Nutrition Act of 1966 (42 U.S.C. 1786(h)(10)), not
less than $61,778,000 shall be used for breastfeeding peer
counselors and other related activities, and $9,610,000 shall
be used for infrastructure: Provided further, That the
Secretary shall use funds made available under this heading
to increase the amount of a cash-value voucher for women and
children participants to an amount recommended by the
National Academies of Science, Engineering and Medicine and
adjusted for inflation: Provided further, That none of the
funds provided in this account shall be available for the
purchase of infant formula except in accordance with the cost
containment and competitive bidding requirements specified in
section 17 of such Act: Provided further, That none of the
funds provided shall be available for activities that are not
fully reimbursed by other Federal Government departments or
agencies unless authorized by section 17 of such Act:
Provided further, That upon termination of a federally
mandated vendor moratorium and subject to terms and
conditions established by the Secretary, the Secretary may
waive the requirement at 7 CFR 246.12(g)(6) at the request of
a State agency.
supplemental nutrition assistance program
For necessary expenses to carry out the Food and Nutrition
Act of 2008 (7 U.S.C. 2011 et seq.), $83,839,927,000, of
which $2,059,254,000, to remain available through September
30, 2026, shall be placed in reserve for use only in such
amounts and at such times as may become necessary to carry
out program operations: Provided, That funds provided herein
shall be expended in accordance with section 16 of the Food
and Nutrition Act of 2008: Provided further, That of the
funds made available under this heading, $685,000 may be used
to provide nutrition education services to State agencies and
Federally Recognized Tribes participating in the Food
Distribution Program on Indian Reservations: Provided
further, That of the funds made available under this heading,
$3,432,000, to remain available until September 30, 2025,
shall be used to carry out section 4003(b) of Public Law 115-
334 relating to demonstration projects for tribal
organizations: Provided further, That of the funds made
available under this heading, $2,059,000 shall be used to
carry out section 4208 of Public Law 115-334: Provided
further, That this appropriation shall be subject to any work
registration or workfare requirements as may be required by
law: Provided further, That funds made available for
Employment and Training under this heading shall remain
available through September 30, 2025: Provided further, That
funds made available under this heading for section 28(d)(1),
section 4(b), and section 27(a) of the Food and Nutrition Act
of 2008 shall remain available through September 30, 2025:
Provided further, That none of the funds made available under
this heading may be obligated or expended in contravention of
section 213A of the Immigration and Nationality Act (8 U.S.C.
1183A): Provided further, That funds made available under
this heading may be used to enter into contracts and employ
staff to conduct studies, evaluations, or to conduct
activities related to program integrity provided that such
activities are authorized by the Food and Nutrition Act of
2008.
commodity assistance program
For necessary expenses to carry out disaster assistance and
the Commodity Supplemental Food Program as authorized by
section 4(a) of the Agriculture and Consumer Protection Act
of 1973 (7 U.S.C. 612c note); the Emergency Food Assistance
Act of 1983; special assistance for the nuclear affected
islands, as authorized by section 103(f)(2) of the Compact of
Free Association Amendments Act of 2003 (Public Law 108-188);
and the Farmers' Market Nutrition Program, as authorized by
section 17(m) of the Child Nutrition Act of 1966,
$343,943,000, to remain available through September 30, 2025:
Provided, That none of these funds shall be available to
reimburse the Commodity Credit Corporation for commodities
donated to the program: Provided further, That
notwithstanding any other provision of law, effective with
funds made available in fiscal year 2024 to support the
Seniors Farmers' Market Nutrition Program, as authorized by
section 4402 of the Farm Security and Rural Investment Act of
2002, such funds shall remain available through September 30,
2025: Provided further, That of the funds made available
under section 27(a) of the Food and Nutrition Act of 2008 (7
U.S.C. 2036(a)), the Secretary may use up to 20 percent for
costs associated with the distribution of commodities.
nutrition programs administration
For necessary administrative expenses of the Food and
Nutrition Service for carrying out any domestic nutrition
assistance program, $126,540,000: Provided, That of the
funds provided herein, $1,373,000 shall be used for the
purposes of section 4404 of Public Law 107-171, as amended by
section 4401 of Public Law 110-246.
TITLE V
FOREIGN ASSISTANCE AND RELATED PROGRAMS
Office of the Under Secretary for Trade and Foreign Agricultural
Affairs
For necessary expenses of the Office of the Under Secretary
for Trade and Foreign Agricultural Affairs, $640,000:
Provided, That funds made available by this Act to any agency
in the Trade and Foreign Agricultural Affairs mission area
for salaries and expenses are available to fund up to one
administrative support staff for the Office.
office of codex alimentarius
For necessary expenses of the Office of Codex Alimentarius,
$3,379,000, including not to exceed $27,000 for official
reception and representation expenses.
Foreign Agricultural Service
salaries and expenses
(including transfers of funds)
For necessary expenses of the Foreign Agricultural Service,
including not to exceed $172,000 for representation
allowances and for expenses pursuant to section 8 of the Act
approved August 3, 1956 (7 U.S.C. 1766), $162,908,000, of
which no more than 6 percent shall remain available until
September 30, 2025, for overseas operations to include the
payment of locally employed staff: Provided, That the
Service may utilize advances of funds, or reimburse this
appropriation for expenditures made on behalf of Federal
agencies, public and private organizations and institutions
under agreements executed pursuant to the agricultural food
production assistance programs (7 U.S.C. 1737) and the
foreign assistance programs of the United States Agency for
International Development: Provided further, That funds made
available for middle-income country training programs, funds
made available for the Borlaug International Agricultural
Science and Technology Fellowship program, and up to
$1,373,000 of the Foreign Agricultural Service appropriation
solely for the purpose of offsetting fluctuations in
international currency exchange rates, subject to
documentation by the Foreign Agricultural Service, shall
remain available until expended.
food for peace title ii grants
For expenses during the current fiscal year, not otherwise
recoverable, and unrecovered prior years' costs, including
interest thereon, under the Food for Peace Act (Public Law
83-480), for commodities supplied in connection with
dispositions abroad under title II of said Act,
$1,235,552,000, to remain available until expended.
mcgovern-dole international food for education and child nutrition
program grants
For necessary expenses to carry out the provisions of
section 3107 of the Farm Security and Rural Investment Act of
2002 (7 U.S.C. 1736o-1), $170,459,000, to remain available
until expended: Provided, That the Commodity Credit
Corporation is authorized to provide the services,
facilities, and authorities for the purpose of implementing
such section, subject to reimbursement from amounts provided
herein: Provided further, That of the amount made available
under
[[Page S4988]]
this heading, not more than 10 percent, but not less than
$17,023,000, shall remain available until expended to
purchase agricultural commodities as described in subsection
3107(a)(2) of the Farm Security and Rural Investment Act of
2002 (7 U.S.C. 1736o-1(a)(2)).
commodity credit corporation export (loans) credit guarantee program
account
(including transfers of funds)
For administrative expenses to carry out the Commodity
Credit Corporation's Export Guarantee Program, GSM 102 and
GSM 103, $4,162,000, to cover common overhead expenses as
permitted by section 11 of the Commodity Credit Corporation
Charter Act and in conformity with the Federal Credit Reform
Act of 1990, which shall be transferred to and merged with
the appropriation for ``Foreign Agricultural Service,
Salaries and Expenses''.
TITLE VI
RELATED AGENCY AND FOOD AND DRUG ADMINISTRATION
Department of Health and Human Services
food and drug administration
salaries and expenses
(including transfers of funds)
For necessary expenses of the Food and Drug Administration,
including hire and purchase of passenger motor vehicles; for
payment of space rental and related costs pursuant to Public
Law 92-313 for programs and activities of the Food and Drug
Administration which are included in this Act; for rental of
special purpose space in the District of Columbia or
elsewhere; in addition to amounts appropriated to the FDA
Innovation Account, for carrying out the activities described
in section 1002(b)(4) of the 21st Century Cures Act (Public
Law 114-255); for miscellaneous and emergency expenses of
enforcement activities, authorized and approved by the
Secretary and to be accounted for solely on the Secretary's
certificate, not to exceed $17,000; and notwithstanding
section 521 of Public Law 107-188; $4,547,539,000: Provided,
That of the amount provided under this heading, $917,415,000
shall be derived from prescription drug user fees authorized
by 21 U.S.C. 379h, and shall be credited to this account and
remain available until expended; $227,392,000 shall be
derived from medical device user fees authorized by 21 U.S.C.
379j, and shall be credited to this account and remain
available until expended; $407,835,000 shall be derived from
human generic drug user fees authorized by 21 U.S.C. 379j-42,
and shall be credited to this account and remain available
until expended; $29,126,000 shall be derived from biosimilar
biological product user fees authorized by 21 U.S.C. 379j-52,
and shall be credited to this account and remain available
until expended; $22,995,000 shall be derived from animal drug
user fees authorized by 21 U.S.C. 379j-12, and shall be
credited to this account and remain available until expended;
$17,160,000 shall be derived from generic new animal drug
user fees authorized by 21 U.S.C. 379j-21, and shall be
credited to this account and remain available until expended;
$488,730,000 shall be derived from tobacco product user fees
authorized by 21 U.S.C. 387s, and shall be credited to this
account and remain available until expended: Provided
further, That in addition to and notwithstanding any other
provision under this heading, amounts collected for
prescription drug user fees, medical device user fees, human
generic drug user fees, biosimilar biological product user
fees, animal drug user fees, and generic new animal drug user
fees that exceed the respective fiscal year 2024 limitations
are appropriated and shall be credited to this account and
remain available until expended: Provided further, That fees
derived from prescription drug, medical device, human generic
drug, biosimilar biological product, animal drug, and generic
new animal drug assessments for fiscal year 2024, including
any such fees collected prior to fiscal year 2024 but
credited for fiscal year 2024, shall be subject to the fiscal
year 2024 limitations: Provided further, That the Secretary
may accept payment during fiscal year 2024 of user fees
specified under this heading and authorized for fiscal year
2025, prior to the due date for such fees, and that amounts
of such fees assessed for fiscal year 2025 for which the
Secretary accepts payment in fiscal year 2024 shall not be
included in amounts under this heading: Provided further,
That none of these funds shall be used to develop, establish,
or operate any program of user fees authorized by 31 U.S.C.
9701: Provided further, That of the total amount
appropriated: (1) $822,509,000 shall be for the Center for
Food Safety and Applied Nutrition and related field
activities in the Office of Regulatory Affairs, of which no
less than $10,296,000 shall be used for inspections of
foreign seafood manufacturers and field examinations of
imported seafood; (2) $1,596,749,000 shall be for the Center
for Drug Evaluation and Research and related field activities
in the Office of Regulatory Affairs, of which no less than
$6,864,000 shall be for pilots to increase unannounced
foreign inspections and shall remain available until
expended; (3) $341,630,000 shall be for the Center for
Biologics Evaluation and Research and for related field
activities in the Office of Regulatory Affairs; (4)
$196,750,000 shall be for the Center for Veterinary Medicine
and for related field activities in the Office of Regulatory
Affairs; (5) $507,636,000 shall be for the Center for Devices
and Radiological Health and for related field activities in
the Office of Regulatory Affairs; (6) $53,121,000 shall be
for the National Center for Toxicological Research; (7)
$466,740,000 shall be for the Center for Tobacco Products and
for related field activities in the Office of Regulatory
Affairs; (8) $149,198,000 shall be for Rent and Related
activities, of which $38,722,000 is for White Oak
Consolidation, other than the amounts paid to the General
Services Administration for rent; (9) $167,889,000 shall be
for payments to the General Services Administration for rent;
and (10) $245,318,000 shall be for other activities,
including the Office of the Commissioner of Food and Drugs,
the Office of Food Policy and Response, the Office of
Operations, the Office of the Chief Scientist, and central
services for these offices: Provided further, That not to
exceed $17,000 of this amount shall be for official reception
and representation expenses, not otherwise provided for, as
determined by the Commissioner: Provided further, That any
transfer of funds pursuant to, and for the administration of,
section 770(n) of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 379dd(n)) shall only be from amounts made
available under this heading for other activities and shall
not exceed $1,373,000: Provided further, That of the amounts
that are made available under this heading for ``other
activities'', and that are not derived from user fees,
$1,030,000 shall be transferred to and merged with the
appropriation for ``Department of Health and Human Services--
Office of Inspector General'' for oversight of the programs
and operations of the Food and Drug Administration and shall
be in addition to funds otherwise made available for
oversight of the Food and Drug Administration: Provided
further, That funds may be transferred from one specified
activity to another with the prior approval of the Committees
on Appropriations of both Houses of Congress.
In addition, mammography user fees authorized by 42 U.S.C.
263b, export certification user fees authorized by 21 U.S.C.
381, priority review user fees authorized by 21 U.S.C. 360n
and 360ff, food and feed recall fees, food reinspection fees,
and voluntary qualified importer program fees authorized by
21 U.S.C. 379j-31, outsourcing facility fees authorized by 21
U.S.C. 379j-62, prescription drug wholesale distributor
licensing and inspection fees authorized by 21 U.S.C.
353(e)(3), third-party logistics provider licensing and
inspection fees authorized by 21 U.S.C. 360eee-3(c)(1),
third-party auditor fees authorized by 21 U.S.C. 384d(c)(8),
medical countermeasure priority review voucher user fees
authorized by 21 U.S.C. 360bbb-4a, and fees relating to over-
the-counter monograph drugs authorized by 21 U.S.C. 379j-72
shall be credited to this account, to remain available until
expended.
buildings and facilities
For plans, construction, repair, improvement, extension,
alteration, demolition, and purchase of fixed equipment or
facilities of or used by the Food and Drug Administration,
where not otherwise provided, $8,778,000, to remain available
until expended.
fda innovation account, cures act
(including transfer of funds)
For necessary expenses to carry out the purposes described
under section 1002(b)(4) of the 21st Century Cures Act, in
addition to amounts available for such purposes under the
heading ``Salaries and Expenses'', $34,321,000, to remain
available until expended: Provided, That amounts
appropriated in this paragraph are appropriated pursuant to
section 1002(b)(3) of the 21st Century Cures Act, are to be
derived from amounts transferred under section 1002(b)(2)(A)
of such Act, and may be transferred by the Commissioner of
Food and Drugs to the appropriation for ``Department of
Health and Human Services Food and Drug Administration
Salaries and Expenses'' solely for the purposes provided in
such Act: Provided further, That upon a determination by the
Commissioner that funds transferred pursuant to the previous
proviso are not necessary for the purposes provided, such
amounts may be transferred back to the account: Provided
further, That such transfer authority is in addition to any
other transfer authority provided by law.
INDEPENDENT AGENCY
Farm Credit Administration
limitation on administrative expenses
Not to exceed $64,729,000 (from assessments collected from
farm credit institutions, including the Federal Agricultural
Mortgage Corporation) shall be obligated during the current
fiscal year for administrative expenses as authorized under
12 U.S.C. 2249: Provided, That this limitation shall not
apply to expenses associated with receiverships: Provided
further, That the agency may exceed this limitation by up to
10 percent with notification to the Committees on
Appropriations of both Houses of Congress: Provided further,
That the purposes of section 3.7(b)(2)(A)(i) of the Farm
Credit Act of 1971 (12 U.S.C. 2128(b)(2)(A)(i)), the Farm
Credit Administration may exempt, an amount in its sole
discretion, from the application of the limitation provided
in that clause of export loans described in the clause
guaranteed or insured in a manner other than described in
subclause (II) of the clause.
TITLE VII
GENERAL PROVISIONS
(including rescissions and transfers of funds)
Sec. 701. The Secretary may use any appropriations made
available to the Department of Agriculture in this Act to
purchase new
[[Page S4989]]
passenger motor vehicles, in addition to specific
appropriations for this purpose, so long as the total number
of vehicles purchased in fiscal year 2024 does not exceed the
number of vehicles owned or leased in fiscal year 2018:
Provided, That, prior to purchasing additional motor
vehicles, the Secretary must determine that such vehicles are
necessary for transportation safety, to reduce operational
costs, and for the protection of life, property, and public
safety: Provided further, That the Secretary may not
increase the Department of Agriculture's fleet above the 2018
level unless the Secretary notifies in writing, and receives
approval from, the Committees on Appropriations of both
Houses of Congress within 30 days of the notification.
Sec. 702. Notwithstanding any other provision of this Act,
the Secretary of Agriculture may transfer unobligated
balances of discretionary funds appropriated by this Act or
any other available unobligated discretionary balances that
are remaining available of the Department of Agriculture to
the Working Capital Fund for the acquisition of property,
plant and equipment and for the improvement, delivery, and
implementation of Department financial, and administrative
information technology services, and other support systems
necessary for the delivery of financial, administrative, and
information technology services, including cloud adoption and
migration, of primary benefit to the agencies of the
Department of Agriculture, such transferred funds to remain
available until expended: Provided, That none of the funds
made available by this Act or any other Act shall be
transferred to the Working Capital Fund without the prior
approval of the agency administrator: Provided further, That
none of the funds transferred to the Working Capital Fund
pursuant to this section shall be available for obligation
without written notification to and the prior approval of the
Committees on Appropriations of both Houses of Congress:
Provided further, That none of the funds appropriated by this
Act or made available to the Department's Working Capital
Fund shall be available for obligation or expenditure to make
any changes to the Department's National Finance Center
without written notification to and prior approval of the
Committees on Appropriations of both Houses of Congress as
required by section 716 of this Act: Provided further, That
none of the funds appropriated by this Act or made available
to the Department's Working Capital Fund shall be available
for obligation or expenditure to initiate, plan, develop,
implement, or make any changes to remove or relocate any
systems, missions, personnel, or functions of the offices of
the Chief Financial Officer and the Chief Information
Officer, co-located with or from the National Finance Center
prior to written notification to and prior approval of the
Committee on Appropriations of both Houses of Congress and in
accordance with the requirements of section 716 of this Act:
Provided further, That the National Finance Center
Information Technology Services Division personnel and data
center management responsibilities, and control of any
functions, missions, and systems for current and future human
resources management and integrated personnel and payroll
systems (PPS) and functions provided by the Chief Financial
Officer and the Chief Information Officer shall remain in the
National Finance Center and under the management
responsibility and administrative control of the National
Finance Center: Provided further, That the Secretary of
Agriculture and the offices of the Chief Financial Officer
shall actively market to existing and new Departments and
other government agencies National Finance Center shared
services including, but not limited to, payroll, financial
management, and human capital shared services and allow the
National Finance Center to perform technology upgrades:
Provided further, That of annual income amounts in the
Working Capital Fund of the Department of Agriculture
attributable to the amounts in excess of the true costs of
the shared services provided by the National Finance Center
and budgeted for the National Finance Center, the Secretary
shall reserve not more than 4 percent for the replacement or
acquisition of capital equipment, including equipment for the
improvement, delivery, and implementation of financial,
administrative, and information technology services, and
other systems of the National Finance Center or to pay any
unforeseen, extraordinary cost of the National Finance
Center: Provided further, That none of the amounts reserved
shall be available for obligation unless the Secretary
submits written notification of the obligation to the
Committees on Appropriations of both Houses of Congress:
Provided further, That the limitations on the obligation of
funds pending notification to Congressional Committees shall
not apply to any obligation that, as determined by the
Secretary, is necessary to respond to a declared state of
emergency that significantly impacts the operations of the
National Finance Center; or to evacuate employees of the
National Finance Center to a safe haven to continue
operations of the National Finance Center.
Sec. 703. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 704. No funds appropriated by this Act may be used to
pay negotiated indirect cost rates on cooperative agreements
or similar arrangements between the United States Department
of Agriculture and nonprofit institutions in excess of 10
percent of the total direct cost of the agreement when the
purpose of such cooperative arrangements is to carry out
programs of mutual interest between the two parties. This
does not preclude appropriate payment of indirect costs on
grants and contracts with such institutions when such
indirect costs are computed on a similar basis for all
agencies for which appropriations are provided in this Act.
Sec. 705. Appropriations to the Department of Agriculture
for the cost of direct and guaranteed loans made available in
the current fiscal year shall remain available until expended
to disburse obligations made in the current fiscal year for
the following accounts: the Rural Development Loan Fund
program account, the Rural Electrification and
Telecommunication Loans program account, and the Rural
Housing Insurance Fund program account.
Sec. 706. None of the funds made available to the
Department of Agriculture by this Act may be used to acquire
new information technology systems or significant upgrades,
as determined by the Office of the Chief Information Officer,
without the approval of the Chief Information Officer and the
concurrence of the Executive Information Technology
Investment Review Board: Provided, That notwithstanding any
other provision of law, none of the funds appropriated or
otherwise made available by this Act may be transferred to
the Office of the Chief Information Officer without written
notification to and the prior approval of the Committees on
Appropriations of both Houses of Congress: Provided further,
That notwithstanding section 11319 of title 40, United States
Code, none of the funds available to the Department of
Agriculture for information technology shall be obligated for
projects, contracts, or other agreements over $17,000 prior
to receipt of written approval by the Chief Information
Officer: Provided further, That the Chief Information
Officer may authorize an agency to obligate funds without
written approval from the Chief Information Officer for
projects, contracts, or other agreements up to $172,000 based
upon the performance of an agency measured against the
performance plan requirements described in the explanatory
statement accompanying Public Law 113-235.
Sec. 707. Funds made available under section 524(b) of the
Federal Crop Insurance Act (7 U.S.C. 1524(b)) in the current
fiscal year shall remain available until expended to disburse
obligations made in the current fiscal year.
Sec. 708. Notwithstanding any other provision of law, any
former Rural Utilities Service borrower that has repaid or
prepaid an insured, direct or guaranteed loan under the Rural
Electrification Act of 1936, or any not-for-profit utility
that is eligible to receive an insured or direct loan under
such Act, shall be eligible for assistance under section
313B(a) of such Act in the same manner as a borrower under
such Act.
Sec. 709. Except as otherwise specifically provided by
law, not more than $13,728,000 in unobligated balances from
appropriations made available for salaries and expenses in
this Act for the Farm Service Agency shall remain available
through September 30, 2025, for information technology
expenses.
Sec. 710. None of the funds appropriated or otherwise made
available by this Act may be used for first-class travel by
the employees of agencies funded by this Act in contravention
of sections 301-10.122 through 301-10.124 of title 41, Code
of Federal Regulations.
Sec. 711. In the case of each program established or
amended by the Agricultural Act of 2014 (Public Law 113-79)
or by a successor to that Act, other than by title I or
subtitle A of title III of such Act, or programs for which
indefinite amounts were provided in that Act, that is
authorized or required to be carried out using funds of the
Commodity Credit Corporation--
(1) such funds shall be available for salaries and related
administrative expenses, including technical assistance,
associated with the implementation of the program, without
regard to the limitation on the total amount of allotments
and fund transfers contained in section 11 of the Commodity
Credit Corporation Charter Act (15 U.S.C. 714i); and
(2) the use of such funds for such purpose shall not be
considered to be a fund transfer or allotment for purposes of
applying the limitation on the total amount of allotments and
fund transfers contained in such section.
Sec. 712. Of the funds made available by this Act, not
more than $1,991,000 shall be used to cover necessary
expenses of activities related to all advisory committees,
panels, commissions, and task forces of the Department of
Agriculture, except for panels used to comply with negotiated
rule makings and panels used to evaluate competitively
awarded grants.
Sec. 713. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network
unless such network blocks the viewing, downloading, and
exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law
enforcement agency or any other entity carrying out criminal
investigations, prosecution, or adjudication activities.
Sec. 714. Notwithstanding subsection (b) of section 14222
of Public Law 110-246 (7 U.S.C. 612c-6; in this section
referred to as ``section 14222''), none of the funds
appropriated or otherwise made available by this or any other
Act shall be used to pay the salaries and expenses of
personnel to carry out a program under section 32 of the Act
of August
[[Page S4990]]
24, 1935 (7 U.S.C. 612c; in this section referred to as
``section 32'') in excess of $1,080,192,000 (exclusive of
carryover appropriations from prior fiscal years), as
follows: Child Nutrition Programs Entitlement Commodities--
$332,913,000; State Option Contracts--$3,432,000; Removal of
Defective Commodities--$1,716,000; Administration of section
32 Commodity Purchases--$25,520,000: Provided, That, of the
total funds made available in the matter preceding this
proviso that remain unobligated on October 1, 2024, such
unobligated balances shall carryover into fiscal year 2025
and shall remain available until expended for any of the
purposes of section 32, except that any such carryover funds
used in accordance with clause (3) of section 32 may not
exceed $240,246,000 and may not be obligated until the
Secretary of Agriculture provides written notification of the
expenditures to the Committees on Appropriations of both
Houses of Congress at least two weeks in advance: Provided
further, That, with the exception of any available carryover
funds authorized in any prior appropriations Act to be used
for the purposes of clause (3) of section 32, none of the
funds appropriated or otherwise made available by this or any
other Act shall be used to pay the salaries or expenses of
any employee of the Department of Agriculture to carry out
clause (3) of section 32.
Sec. 715. None of the funds appropriated by this or any
other Act shall be used to pay the salaries and expenses of
personnel who prepare or submit appropriations language as
part of the President's budget submission to the Congress for
programs under the jurisdiction of the Appropriations
Subcommittees on Agriculture, Rural Development, Food and
Drug Administration, and Related Agencies that assumes
revenues or reflects a reduction from the previous year due
to user fees proposals that have not been enacted into law
prior to the submission of the budget unless such budget
submission identifies which additional spending reductions
should occur in the event the user fees proposals are not
enacted prior to the date of the convening of a committee of
conference for the fiscal year 2024 appropriations Act.
Sec. 716. (a) None of the funds provided by this Act, or
provided by previous appropriations Acts to the agencies
funded by this Act that remain available for obligation or
expenditure in the current fiscal year, or provided from any
accounts in the Treasury derived by the collection of fees
available to the agencies funded by this Act, shall be
available for obligation or expenditure through a
reprogramming, transfer of funds, or reimbursements as
authorized by the Economy Act, or in the case of the
Department of Agriculture, through use of the authority
provided by section 702(b) of the Department of Agriculture
Organic Act of 1944 (7 U.S.C. 2257) or section 8 of Public
Law 89-106 (7 U.S.C. 2263), that--
(1) creates new programs;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel by any means for any
project or activity for which funds have been denied or
restricted;
(4) relocates an office or employees;
(5) reorganizes offices, programs, or activities; or
(6) contracts out or privatizes any functions or activities
presently performed by Federal employees;
unless the Secretary of Agriculture or the Secretary of
Health and Human Services (as the case may be) notifies in
writing and receives approval from the Committees on
Appropriations of both Houses of Congress at least 30 days in
advance of the reprogramming of such funds or the use of such
authority.
(b) None of the funds provided by this Act, or provided by
previous Appropriations Acts to the agencies funded by this
Act that remain available for obligation or expenditure in
the current fiscal year, or provided from any accounts in the
Treasury derived by the collection of fees available to the
agencies funded by this Act, shall be available for
obligation or expenditure for activities, programs, or
projects through a reprogramming or use of the authorities
referred to in subsection (a) involving funds in excess of
$343,000 or 10 percent, whichever is less, that--
(1) augments existing programs, projects, or activities;
(2) reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent
as approved by Congress; or
(3) results from any general savings from a reduction in
personnel which would result in a change in existing
programs, activities, or projects as approved by Congress;
unless the Secretary of Agriculture or the Secretary of
Health and Human Services (as the case may be) notifies in
writing and receives approval from the Committees on
Appropriations of both Houses of Congress at least 30 days in
advance of the reprogramming or transfer of such funds or the
use of such authority.
(c) The Secretary of Agriculture or the Secretary of Health
and Human Services shall notify in writing and receive
approval from the Committees on Appropriations of both Houses
of Congress before implementing any program or activity not
carried out during the previous fiscal year unless the
program or activity is funded by this Act or specifically
funded by any other Act.
(d) None of the funds provided by this Act, or provided by
previous Appropriations Acts to the agencies funded by this
Act that remain available for obligation or expenditure in
the current fiscal year, or provided from any accounts in the
Treasury derived by the collection of fees available to the
agencies funded by this Act, shall be available for--
(1) modifying major capital investments funding levels,
including information technology systems, that involves
increasing or decreasing funds in the current fiscal year for
the individual investment in excess of $343,000 or 10 percent
of the total cost, whichever is less;
(2) realigning or reorganizing new, current, or vacant
positions or agency activities or functions to establish a
center, office, branch, or similar entity with ten or more
personnel; or
(3) carrying out activities or functions that were not
described in the budget request;
unless the agencies funded by this Act notify, in writing,
the Committees on Appropriations of both Houses of Congress
at least 30 days in advance of using the funds for these
purposes.
(e) As described in this section, no funds may be used for
any activities unless the Secretary of Agriculture or the
Secretary of Health and Human Services receives from the
Committee on Appropriations of both Houses of Congress
written or electronic mail confirmation of receipt of the
notification as required in this section.
Sec. 717. Notwithstanding section 310B(g)(5) of the
Consolidated Farm and Rural Development Act (7 U.S.C.
1932(g)(5)), the Secretary may assess a one-time fee for any
guaranteed business and industry loan in an amount that does
not exceed 4 percent of the guaranteed principal portion of
the loan.
Sec. 718. None of the funds appropriated or otherwise made
available to the Department of Agriculture, the Food and Drug
Administration or the Farm Credit Administration shall be
used to transmit or otherwise make available reports,
questions, or responses to questions that are a result of
information requested for the appropriations hearing process
to any non-Department of Agriculture, non-Department of
Health and Human Services, or non-Farm Credit Administration
employee.
Sec. 719. Unless otherwise authorized by existing law,
none of the funds provided in this Act, may be used by an
executive branch agency to produce any prepackaged news story
intended for broadcast or distribution in the United States
unless the story includes a clear notification within the
text or audio of the prepackaged news story that the
prepackaged news story was prepared or funded by that
executive branch agency.
Sec. 720. No employee of the Department of Agriculture may
be detailed or assigned from an agency or office funded by
this Act or any other Act to any other agency or office of
the Department for more than 60 days in a fiscal year unless
the individual's employing agency or office is fully
reimbursed by the receiving agency or office for the salary
and expenses of the employee for the period of assignment.
Sec. 721. Not later than 30 days after the date of
enactment of this Act, the Secretary of Agriculture, the
Commissioner of the Food and Drug Administration and the
Chairman of the Farm Credit Administration shall submit to
the Committees on Appropriations of both Houses of Congress a
detailed spending plan by program, project, and activity for
all the funds made available under this Act including
appropriated user fees, as defined in the report accompanying
this Act.
Sec. 722. None of the funds made available by this Act may
be used to propose, promulgate, or implement any rule, or
take any other action with respect to, allowing or requiring
information intended for a prescribing health care
professional, in the case of a drug or biological product
subject to section 503(b)(1) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 353(b)(1)), to be distributed to such
professional electronically (in lieu of in paper form) unless
and until a Federal law is enacted to allow or require such
distribution.
Sec. 723. For the purposes of determining eligibility or
level of program assistance for Rural Housing Service
programs the Secretary shall not include incarcerated prison
populations.
Sec. 724. For loans and loan guarantees that do not
require budget authority and the program level has been
established in this Act, the Secretary of Agriculture may
increase the program level for such loans and loan guarantees
by not more than 25 percent: Provided, That prior to the
Secretary implementing such an increase, the Secretary
notifies, in writing, the Committees on Appropriations of
both Houses of Congress at least 15 days in advance.
Sec. 725. None of the credit card refunds or rebates
transferred to the Working Capital Fund pursuant to section
729 of the Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies Appropriations Act, 2002
(7 U.S.C. 2235a; Public Law 107-76) shall be available for
obligation without written notification to, and the prior
approval of, the Committees on Appropriations of both Houses
of Congress: Provided, That the refunds or rebates so
transferred shall be available for obligation only for the
acquisition of property, plant and equipment, including
equipment for the improvement, delivery, and implementation
of Departmental financial management, information technology,
and other support systems necessary for the delivery of
financial, administrative, and information technology
[[Page S4991]]
services, including cloud adoption and migration, of primary
benefit to the agencies of the Department of Agriculture.
Sec. 726. None of the funds made available by this Act may
be used to implement, administer, or enforce the ``variety''
requirements of the final rule entitled ``Enhancing Retailer
Standards in the Supplemental Nutrition Assistance Program
(SNAP)'' published by the Department of Agriculture in the
Federal Register on December 15, 2016 (81 Fed. Reg. 90675)
until the Secretary of Agriculture amends the definition of
the term ``variety'' as defined in section 278.1(b)(1)(ii)(C)
of title 7, Code of Federal Regulations, and ``variety'' as
applied in the definition of the term ``staple food'' as
defined in section 271.2 of title 7, Code of Federal
Regulations, to increase the number of items that qualify as
acceptable varieties in each staple food category so that the
total number of such items in each staple food category
exceeds the number of such items in each staple food category
included in the final rule as published on December 15, 2016:
Provided, That until the Secretary promulgates such
regulatory amendments, the Secretary shall apply the
requirements regarding acceptable varieties and breadth of
stock to Supplemental Nutrition Assistance Program retailers
that were in effect on the day before the date of the
enactment of the Agricultural Act of 2014 (Public Law 113-
79).
Sec. 727. In carrying out subsection (h) of section 502 of
the Housing Act of 1949 (42 U.S.C. 1472), the Secretary of
Agriculture shall have the same authority with respect to
loans guaranteed under such section and eligible lenders for
such loans as the Secretary has under subsections (h) and (j)
of section 538 of such Act (42 U.S.C. 1490p-2) with respect
to loans guaranteed under such section 538 and eligible
lenders for such loans.
Sec. 728. None of the funds appropriated or otherwise made
available by this Act shall be available for the United
States Department of Agriculture to propose, finalize or
implement any regulation that would promulgate new user fees
pursuant to 31 U.S.C. 9701 after the date of the enactment of
this Act.
Sec. 729. Of the unobligated balances from amounts made
available for the Broadband Treasury Rate Loan program,
authorized in section 601 of the Rural Electrification Act of
1936 (7 U.S.C. 950bb), $6,285,000 are hereby permanently
cancelled: Provided, That no amounts shall be cancelled from
amounts that were designated by the Congress as an emergency
or disaster relief requirement pursuant to the concurrent
resolution on the budget or the Balanced Budget and Emergency
Deficit Control Act of 1985.
Sec. 730. Notwithstanding any provision of law that
regulates the calculation and payment of overtime and holiday
pay for FSIS inspectors, the Secretary may charge
establishments subject to the inspection requirements of the
Poultry Products Inspection Act, 21 U.S.C. 451 et seq., the
Federal Meat Inspection Act, 21 U.S.C. 601 et seq, and the
Egg Products Inspection Act, 21 U.S.C. 1031 et seq., for the
cost of inspection services provided outside of an
establishment's approved inspection shifts, and for
inspection services provided on Federal holidays: Provided,
That any sums charged pursuant to this paragraph shall be
deemed as overtime pay or holiday pay under section 1001(d)
of the American Rescue Plan Act of 2021 (Public Law 117-2,
135 Stat. 242): Provided further, That sums received by the
Secretary under this paragraph shall, in addition to other
available funds, remain available until expended to the
Secretary without further appropriation for the purpose of
funding all costs associated with FSIS inspections.
Sec. 731. (a) The Secretary of Agriculture shall--
(1) conduct audits in a manner that evaluates the following
factors in the country or region being audited, as
applicable--
(A) veterinary control and oversight;
(B) disease history and vaccination practices;
(C) livestock demographics and traceability;
(D) epidemiological separation from potential sources of
infection;
(E) surveillance practices;
(F) diagnostic laboratory capabilities; and
(G) emergency preparedness and response; and
(2) promptly make publicly available the final reports of
any audits or reviews conducted pursuant to paragraph (1).
(b) This section shall be applied in a manner consistent
with United States obligations under its international trade
agreements.
Sec. 732. Of the unobligated balances from amounts made
available in prior Acts for the rural housing voucher program
authorized by section 542 of the Housing Act of 1949, (42
U.S.C. 1471 et seq.), as amended, $2,059,000 are hereby
permanently cancelled: Provided, That no amounts shall be
cancelled from amounts that were designated by the Congress
as an emergency or disaster relief requirement pursuant to
the concurrent resolution on the budget or the Balanced
Budget and Emergency Deficit Control Act of 1985.
Sec. 733. Of the unobligated balances from amounts made
available in prior Acts under the heading ``Rural Cooperative
Development Grants'' for Agriculture Innovation Centers
authorized by section 6402 of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 1632b), as amended,
$5,491,000 are hereby permanently cancelled: Provided, That
no amounts shall be cancelled from amounts that were
designated by the Congress as an emergency or disaster relief
requirement pursuant to the concurrent resolution on the
budget or the Balanced Budget and Emergency Deficit Control
Act of 1985.
Sec. 734. (a)(1) No Federal funds made available for this
fiscal year for the rural water, waste water, waste disposal,
and solid waste management programs authorized by sections
306, 306A, 306C, 306D, 306E, and 310B of the Consolidated
Farm and Rural Development Act (7 U.S.C. 1926 et seq.) shall
be used for a project for the construction, alteration,
maintenance, or repair of a public water or wastewater system
unless all of the iron and steel products used in the project
are produced in the United States.
(2) In this section, the term ``iron and steel products''
means the following products made primarily of iron or steel:
lined or unlined pipes and fittings, manhole covers and other
municipal castings, hydrants, tanks, flanges, pipe clamps and
restraints, valves, structural steel, reinforced precast
concrete, and construction materials.
(b) Subsection (a) shall not apply in any case or category
of cases in which the Secretary of Agriculture (in this
section referred to as the ``Secretary'') or the designee of
the Secretary finds that--
(1) applying subsection (a) would be inconsistent with the
public interest;
(2) iron and steel products are not produced in the United
States in sufficient and reasonably available quantities or
of a satisfactory quality; or
(3) inclusion of iron and steel products produced in the
United States will increase the cost of the overall project
by more than 25 percent.
(c) If the Secretary or the designee receives a request for
a waiver under this section, the Secretary or the designee
shall make available to the public on an informal basis a
copy of the request and information available to the
Secretary or the designee concerning the request, and shall
allow for informal public input on the request for at least
15 days prior to making a finding based on the request. The
Secretary or the designee shall make the request and
accompanying information available by electronic means,
including on the official public Internet Web site of the
Department.
(d) This section shall be applied in a manner consistent
with United States obligations under international
agreements.
(e) The Secretary may retain up to 0.25 percent of the
funds appropriated in this Act for ``Rural Utilities
Service--Rural Water and Waste Disposal Program Account'' for
carrying out the provisions described in subsection (a)(1)
for management and oversight of the requirements of this
section.
(f) Subsection (a) shall not apply with respect to a
project for which the engineering plans and specifications
include use of iron and steel products otherwise prohibited
by such subsection if the plans and specifications have
received required approvals from State agencies prior to the
date of enactment of this Act.
(g) For purposes of this section, the terms ``United
States'' and ``State'' shall include each of the several
States, the District of Columbia, and each Federally
recognized Indian Tribe.
Sec. 735. None of the funds appropriated by this Act may
be used in any way, directly or indirectly, to influence
congressional action on any legislation or appropriation
matters pending before Congress, other than to communicate to
Members of Congress as described in 18 U.S.C. 1913.
Sec. 736. Of the total amounts made available by this Act
for direct loans and grants under the following headings:
``Rural Housing Service--Rural Housing Insurance Fund Program
Account''; ``Rural Housing Service--Mutual and Self-Help
Housing Grants''; ``Rural Housing Service--Rural Housing
Assistance Grants''; ``Rural Housing Service--Rural Community
Facilities Program Account''; ``Rural Business-Cooperative
Service--Rural Business Program Account''; ``Rural Business-
Cooperative Service--Rural Economic Development Loans Program
Account''; ``Rural Business-Cooperative Service--Rural
Cooperative Development Grants''; ``Rural Business-
Cooperative Service--Rural Microentrepreneur Assistance
Program''; ``Rural Utilities Service--Rural Water and Waste
Disposal Program Account''; ``Rural Utilities Service--Rural
Electrification and Telecommunications Loans Program
Account''; and ``Rural Utilities Service--Distance Learning,
Telemedicine, and Broadband Program'', to the maximum extent
feasible, at least 10 percent of the funds shall be allocated
for assistance in persistent poverty counties under this
section, including, notwithstanding any other provision
regarding population limits, any county seat of such a
persistent poverty county that has a population that does not
exceed the authorized population limit by more than 10
percent: Provided, That for purposes of this section, the
term ``persistent poverty counties'' means any county that
has had 20 percent or more of its population living in
poverty over the past 30 years, as measured by the 1990 and
2000 decennial censuses, and 2007-2011 American Community
Survey 5-year average, or any territory or possession of the
United States: Provided further, That with respect to
specific activities for which program levels have been made
available by this Act that are not supported by budget
authority, the requirements of this section shall be applied
to such program level.
Sec. 737. None of the funds made available by this Act may
be used to notify a sponsor
[[Page S4992]]
or otherwise acknowledge receipt of a submission for an
exemption for investigational use of a drug or biological
product under section 505(i) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 355(i)) or section 351(a)(3) of the
Public Health Service Act (42 U.S.C. 262(a)(3)) in research
in which a human embryo is intentionally created or modified
to include a heritable genetic modification. Any such
submission shall be deemed to have not been received by the
Secretary, and the exemption may not go into effect.
Sec. 738. None of the funds made available by this or any
other Act may be used to enforce the final rule promulgated
by the Food and Drug Administration entitled ``Standards for
the Growing, Harvesting, Packing, and Holding of Produce for
Human Consumption'', and published on November 27, 2015, with
respect to the regulation of entities that grow, harvest,
pack, or hold wine grapes, hops, pulse crops, or almonds.
Sec. 739. There is hereby appropriated $2,059,000, to
remain available until September 30, 2025, for a pilot
program for the National Institute of Food and Agriculture to
provide grants to nonprofit organizations for programs and
services to establish and enhance farming and ranching
opportunities for military veterans.
Sec. 740. For school years 2023-2024 and 2024-2025, none
of the funds made available by this Act may be used to
implement or enforce the matter following the first comma in
the second sentence of footnote (c) of section 220.8(c) of
title 7, Code of Federal Regulations, with respect to the
substitution of vegetables for fruits under the school
breakfast program established under section 4 of the Child
Nutrition Act of 1966 (42 U.S.C. 1773).
Sec. 741. None of the funds made available by this Act or
any other Act may be used--
(1) in contravention of section 7606 of the Agricultural
Act of 2014 (7 U.S.C. 5940), subtitle G of the Agricultural
Marketing Act of 1946, or section 10114 of the Agriculture
Improvement Act of 2018; or
(2) to prohibit the transportation, processing, sale, or
use of hemp, or seeds of such plant, that is grown or
cultivated in accordance with section 7606 of the
Agricultural Act of 2014 or subtitle G of the Agricultural
Marketing Act of 1946, within or outside the State in which
the hemp is grown or cultivated.
Sec. 742. The Secretary of Agriculture may waive the
matching funds requirement under section 412(g) of the
Agricultural Research, Extension, and Education Reform Act of
1998 (7 U.S.C. 7632(g)).
Sec. 743. There is hereby appropriated $1,373,000, to
remain available until expended, for a pilot program for the
Secretary to provide grants to qualified non-profit
organizations and public housing authorities to provide
technical assistance, including financial and legal services,
to RHS multi-family housing borrowers to facilitate the
acquisition of RHS multi-family housing properties in areas
where the Secretary determines a risk of loss of affordable
housing, by non-profit housing organizations and public
housing authorities as authorized by law that commit to keep
such properties in the RHS multi-family housing program for a
period of time as determined by the Secretary.
Sec. 744. Of the unobligated balances from amounts made
available in prior Acts under the heading ``Rural Housing
Assistance Grants'' for housing repair grants authorized by
section 504 of the Housing Act of 1949 (42 U.S.C. 1474), as
amended, $30,000,000 are hereby permanently cancelled:
Provided, That no amounts shall be cancelled from amounts
that were designated by the Congress as an emergency or
disaster relief requirement pursuant to the concurrent
resolution on the budget or the Balanced Budget and Emergency
Deficit Control Act of 1985.
Sec. 745. Of the unobligated balances of the amounts made
available for fiscal year 2022 for the ``National Institute
of Food and Agriculture--Research and Extension Activities'',
$307,526,000 are hereby rescinded: Provided, That no amounts
may be rescinded from amounts that were designated by the
Congress as an emergency requirement pursuant to a Concurrent
Resolution on the Budget or the Balanced Budget and Emergency
Deficit Control Act of 1985.
Sec. 746. Funds made available under title II of the Food
for Peace Act (7 U.S.C. 1721 et seq.) may only be used to
provide assistance to recipient nations if adequate
monitoring and controls, as determined by the Administrator,
are in place to ensure that emergency food aid is received by
the intended beneficiaries in areas affected by food
shortages and not diverted for unauthorized or inappropriate
purposes.
Sec. 747. None of the funds made available by this Act may
be used to procure raw or processed poultry products imported
into the United States from the People's Republic of China
for use in the school lunch program under the Richard B.
Russell National School Lunch Act (42 U.S.C. 1751 et seq.),
the Child and Adult Care Food Program under section 17 of
such Act (42 U.S.C. 1766), the Summer Food Service Program
for Children under section 13 of such Act (42 U.S.C. 1761),
or the school breakfast program under the Child Nutrition Act
of 1966 (42 U.S.C. 1771 et seq.).
Sec. 748. For school year 2024-2025, only a school food
authority that had a negative balance in the nonprofit school
food service account as of June 30, 2023, shall be required
to establish a price for paid lunches in accordance with
section 12(p) of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1760(p)).
Sec. 749. Any funds made available by this or any other
Act that the Secretary withholds pursuant to section
1668(g)(2) of the Food, Agriculture, Conservation, and Trade
Act of 1990 (7 U.S.C. 5921(g)(2)), as amended, shall be
available for grants for biotechnology risk assessment
research: Provided, That the Secretary may transfer such
funds among appropriations of the Department of Agriculture
for purposes of making such grants.
Sec. 750. Notwithstanding any other provision of law, no
funds available to the Department of Agriculture may be used
to move any staff office or any agency from the mission area
in which it was located on August 1, 2018, to any other
mission area or office within the Department in the absence
of the enactment of specific legislation affirming such move.
Sec. 751. The Secretary, acting through the Chief of the
Natural Resources Conservation Service, may use funds
appropriated under this Act or any other Act for the
Watershed and Flood Prevention Operations Program and the
Watershed Rehabilitation Program carried out pursuant to the
Watershed Protection and Flood Prevention Act (16 U.S.C. 1001
et seq.), and for the Emergency Watershed Protection Program
carried out pursuant to section 403 of the Agricultural
Credit Act of 1978 (16 U.S.C. 2203) to provide technical
services for such programs pursuant to section 1252(a)(1) of
the Food Security Act of 1985 (16 U.S.C. 3851(a)(1)),
notwithstanding subsection (c) of such section.
Sec. 752. In administering the pilot program established
by section 779 of division A of the Consolidated
Appropriations Act, 2018 (Public Law 115-141), the Secretary
of Agriculture may, for purposes of determining entities
eligible to receive assistance, consider those communities
which are ``Areas Rural in Character'': Provided, That not
more than 10 percent of the funds made available under the
heading ``Distance Learning, Telemedicine, and Broadband
Program'' for the purposes of the pilot program established
by section 779 of Public Law 115-141 may be used for this
purpose.
Sec. 753. In addition to amounts otherwise made available
by this Act and notwithstanding the last sentence of 16
U.S.C. 1310, there is appropriated $1,373,000, to remain
available until expended, to implement non-renewable
agreements on eligible lands, including flooded agricultural
lands, as determined by the Secretary, under the Water Bank
Act (16 U.S.C. 1301-1311).
Sec. 754. Out of amounts appropriated to the Food and Drug
Administration under title VI, the Secretary of Health and
Human Services, acting through the Commissioner of Food and
Drugs, shall, not later than September 30, 2024, and
following the review required under Executive Order No. 12866
(5 U.S.C. 601 note; relating to regulatory planning and
review), issue advice revising the advice provided in the
notice of availability entitled ``Advice About Eating Fish,
From the Environmental Protection Agency and Food and Drug
Administration; Revised Fish Advice; Availability'' (82 Fed.
Reg. 6571 (January 19, 2017)), in a manner that is consistent
with nutrition science recognized by the Food and Drug
Administration on the net effects of seafood consumption.
Sec. 755. There is hereby appropriated $1,373,000, to
remain available until expended, to carry out section 2103 of
Public Law 115-334: Provided, That the Secretary shall
prioritize the wetland compliance needs of areas with
significant numbers of individual wetlands, wetland acres,
and conservation compliance requests.
Sec. 756. Notwithstanding any other provision of law, the
acceptable market name of any engineered animal approved
prior to the effective date of the National Bioengineered
Food Disclosure Standard (February 19, 2019) shall include
the words ``genetically engineered'' prior to the existing
acceptable market name.
Sec. 757. The Secretary shall set aside for Rural Economic
Area Partnership (REAP) Zones, until August 15, 2024, an
amount of funds made available in title III under the
headings of Rural Housing Insurance Fund Program Account,
Mutual and Self-Help Housing Grants, Rural Housing Assistance
Grants, Rural Community Facilities Program Account, Rural
Business Program Account, Rural Development Loan Fund Program
Account, and Rural Water and Waste Disposal Program Account,
equal to the amount obligated in REAP Zones with respect to
funds provided under such headings in the most recent fiscal
year any such funds were obligated under such headings for
REAP Zones, excluding the funding provided through any
Congressionally Directed Spending/Community Project Funding.
Sec. 758. There is hereby appropriated $343,000 to carry
out the duties of the working group established under section
770 of the Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies Appropriations Act, 2019
(Public Law 116-6; 133 Stat. 89).
Sec. 759. For an additional amount for the Office of the
Secretary, $6,178,000, to remain available until expended, to
continue the Institute for Rural Partnerships as established
in section 778 of Public Law 117-103: Provided, That the
Institute for Rural Partnerships shall continue to dedicate
resources to researching the causes and conditions of
challenges facing rural areas, and develop community
partnerships to address such challenges: Provided further,
That administrative
[[Page S4993]]
or other fees shall not exceed one percent: Provided
further, That such partnership shall coordinate and publish
an annual report.
Sec. 760. Funds made available in the Consolidated
Appropriations Act, 2018 (Public Law 115-141) for the ``Rural
Community Facilities Program Account'' under section 306 of
the Consolidated Farm and Rural Development Act, 7 U.S.C.
1926, for the principal amount of direct loans are to remain
available through fiscal year 2028 for the liquidation of
valid obligations incurred in fiscal year 2018.
Sec. 761. Section 523 of the Housing Act of 1949 (42
U.S.C. 1490c) is amended in subsection (b)(1)(B) by striking
``two years'' and inserting ``five years''.
Sec. 762. Section 524 of the Housing Act of 1949 (42
U.S.C. 1490d) is amended in subsection (a)(1) by striking
``two years'' and inserting ``five years''.
Sec. 763. Section 592 of the Stewart B. McKinney Homeless
Assistance Act (42 U.S.C. 11408a) is amended--
(1) in the section heading by striking ``FMHA'' and
inserting ``USDA'';
(2) in subsection (a), by, in the matter preceding
paragraph (1), striking ``program and nonprogram''; and
(3) by striking subsection (b) and inserting the following:
``(b) Priority.--The priority uses of inventory property
under this section shall be given priority equal to or higher
than the disposition of such property in accordance with
priorities determined by the Secretary as necessary to
protect the best interests of the Federal Government.''.
Sec. 764. Section 363 of the Multifamily Mortgage
Foreclosure Act of 1981 (12 U.S.C. 3702) is amended at
paragraph (10) by inserting after ``Secretary of Housing
Urban Development'' the following: ``and the Secretary of
Agriculture''.
Sec. 765. There is hereby appropriated $2,059,000, to
remain available until September 30, 2025, for a Bison
Production and Marketing Grant Program that the Agricultural
Marketing Service shall develop and maintain: Provided, That
this program shall be similar, as determined by the
Secretary, to the Sheep Production and Marketing Grant
Program the Department of Agriculture currently maintains
pursuant to section 209(c) of the Agricultural Marketing Act
of 1946 (7 U.S.C. 1627a(c)), and shall prioritize grants to
national non-profits and federally chartered Tribal
organizations that have expertise in bison production or
marketing.
Sec. 766. Notwithstanding the Agricultural Marketing Act
of 1946 (7 U.S.C. 1622 et seq.) and 9 CFR part 352, the
Committee provides an additional $480,000 to the USDA Food
Safety and Inspection Service to cover voluntary meat
inspection fees for the slaughtering or processing of bison/
buffalo at Native American owned establishments or
establishments operating on tribal lands.
Sec. 767. Of the unobligated balances available to the
Department of Agriculture for the Rural Water Operation
Program under the heading ``Natural Resources Conservation
Service--Watershed and Flood Prevention Operations'' from
prior appropriations Acts, $20,000,000 is hereby rescinded:
Provided, That no amounts may be rescinded from amounts that
were designated by the Congress as an emergency requirement
pursuant to a concurrent resolution on the budget or the
Balanced Budget and Emergency Deficit Control Act of 1985.
Sec. 768. If services performed by APHIS employees are
determined by the Administrator of the Animal and Plant
Health Inspection Service to be in response to an animal
disease outbreak, any premium pay that is funded, either
directly or through reimbursement, shall be exempted from the
aggregate of basic pay and premium pay calculated under
section 5547 of title 5, United States Code, and any other
provision of law limiting the aggregate amount of premium pay
payable on a biweekly or calendar year basis: Provided, That
this section shall take effect as if enacted on January 1,
2023.
Sec. 769. None of the funds appropriated or otherwise made
available by this or any other Act may be used by the Food
Safety and Inspection Service to take any action that would
result in the permanent relocation, demotion, or termination
of any Supervisory Public Heath Veterinarian (SPHV), solely
as result of the creation of the District Veterinary Medical
Officer position, prior to completing a 1010 package and
cost-benefit analysis, and briefing the Committees on
Appropriations of both Houses of Congress.
Sec. 770. None of the funds appropriated or otherwise made
available by this or any other Act may be used to purchase,
deploy, or train third parties on the use of M-44 sodium
cyanide ejector devices (``M-44s''), including any components
or parts, or sodium fluoroacetate (``Compound 1080''), except
for activities directly related to the removal of M-44s that
have been placed on Federal, Tribal, State and private land.
Sec. 771. Notwithstanding section 521(a)(1)(B) of the
Housing Act of 1949 (42 U.S.C. 1490a(a)(1)(B)), for loans
made under section 502 (42 U.S.C. 1472), the Secretary of
Agriculture may provide the borrower with assistance in the
form of credits so as to reduce the effective interest rate
to a rate not less than 2 per centum per annum for such
periods of time as the Secretary may determine for applicants
described in section 521(a)(1)(A) (42 U.S.C. 1490a(a)(1)(A))
if without such assistance such applicants could not afford
the dwelling or make payments on the indebtedness of the
rental or cooperative housing.
Sec. 772. Any rule-making, notice or guidance of or
regarding USDA Proposed Rule (Child Nutrition Programs:
Revisions to Meal Patterns Consistent With the 2020 Dietary
Guidelines for Americans; RIN 0584-AE88) shall allow and
provide meal reimbursement for (or ``low fat or fat free'')
flavored milk in National School Lunch Program and School
Breakfast Program for grades Kindergarten through 12th grade
and in Child and Adult Care Food Program for participants 5
years of age and older, and for any other program complying
with the meal pattern requirements covered in such final
rule.
Sec. 773. Weekly sodium limits that may be included in any
rule-making, notice or guidance of or regarding USDA Proposed
Rule (Child Nutrition Programs: Revisions to Meal Patterns
Consistent With the 2020 Dietary Guidelines for Americans;
RIN 0584-AE88) shall exclude sodium used for food safety and
functional purposes in cheese-making, as determined by the
Secretary, in consultation with FDA. Sodium limits will not
take effect until the Secretary determines the amounts which
shall be excluded.
Sec. 774. Notwithstanding section 521(a)(1)(B) of the
Housing Act of 1949 (42 U.S.C 1490a(a)(1)(B)), for loans made
under section 502 (42 U.S.C. 1472), the Secretary of
Agriculture may provide the borrower with assistance in the
form of credits so as to reduce the effective interest rate
to a rate not less than 2 per centum per annum for such
periods of time as the Secretary may determine for applicants
described in section 521(a)(1)(A) (42 U.S.C. 1490a(a)(1)(A))
if without such assistance such applicants could not afford
the dwelling or make payments on the indebtedness of the
rental or cooperative housing.
Sec. 775. Section 542(b)(2) of the Housing Act, (42 U.S.C.
1490r), is amended by striking ``5,000'' and inserting
``10,000''.
Sec. 776. None of the funds made available by this Act may
be used to pay the salaries or expenses of personnel--
(1) to inspect horses under section 3 of the Federal Meat
Inspection Act (21 U.S.C. 603);
(2) to inspect horses under section 903 of the Federal
Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 1901
note; Public Law 104-127); or
(3) to implement or enforce section 352.19 of title 9, Code
of Federal Regulations (or a successor regulation).
This division may be cited as the ``Agriculture, Rural
Development, Food and Drug Administration, and Related
Agencies Appropriations Act, 2024''.
DIVISION C--TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2024
The following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for the Departments
of Transportation, and Housing and Urban Development, and
related agencies for the fiscal year ending September 30,
2024, and for other purposes, namely:
TITLE I
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
salaries and expenses
For necessary expenses of the Office of the Secretary,
$141,609,000: Provided, That of the sums appropriated under
this heading--
(1) $2,791,000 shall be available for the immediate Office
of the Secretary;
(2) $1,014,000shall be available for the immediate Office
of the Deputy Secretary;
(3) $23,890,000 shall be available for the Office of the
General Counsel;
(4) $14,853,000 shall be available for the Office of the
Under Secretary of Transportation for Policy, of which
$1,481,000 is for the Office for Multimodal Freight
Infrastructure and Policy: Provided, That the Secretary must
obtain reprogramming approval from the House and Senate
Committees on Appropriations under section 405 of this Act
prior to executing the authorities of section 118(g)(2)-(3)
of title 49, United States Code;
(5) $16,822,000 shall be available for the Office of the
Assistant Secretary for Budget and Programs;
(6) $5,284,016,000 shall be available for the Office of the
Assistant Secretary for Governmental Affairs;
(7) $32,042,000 shall be available for the Office of the
Assistant Secretary for Administration;
(8) $4,622,000 shall be available for the Office of Public
Affairs and Public Engagement;
(9) $1,862,000 shall be available for the Office of the
Executive Secretariat;
(10) $12,219,000shall be available for the Office of
Intelligence, Security, and Emergency Response;
(11) $25,079,000 shall be available for the Office of the
Chief Information Officer; and
(12) $1,132,000 shall be available for the Office of Tribal
Government Affairs:
Provided further, That the Secretary of Transportation
(referred to in this title as the ``Secretary'') is
authorized to transfer funds appropriated for any office of
the Office of the Secretary to any other office of the Office
of the Secretary: Provided further, That no appropriation
for any office shall be increased or decreased by more than 7
percent by all such transfers: Provided further, That notice
of any change in funding greater than 7 percent shall be
submitted for approval to the House and Senate Committees on
Appropriations: Provided further, That not to exceed $52,000
shall be for allocation within the Department for official
reception and
[[Page S4994]]
representation expenses as the Secretary may determine:
Provided further, That notwithstanding any other provision of
law, there may be credited to this appropriation up to
$1,851,000 in funds received in user fees.
research and technology
For necessary expenses related to the Office of the
Assistant Secretary for Research and Technology, $38,019,000,
of which $26,461,000 shall remain available until expended:
Provided, That of such amounts that are available until
expended, $10,919,000 shall be for necessary expenses of the
Advanced Research Projects Agency--Infrastructure (ARPA-I) as
authorized by section 119 of title 49, United States Code:
Provided further, That within the funds made available under
the previous proviso, not less than $5,922,000 shall be
available for research on durability, resiliency, and
sustainability of bridges and other infrastructure and shall
be directed to an accredited university of higher education
in the northeast United States that has experience leading a
regional University Transportation Center and a proven record
of developing, patenting, deploying, and commercializing
innovative composite materials and technologies for bridge
and other transportation applications, as well as conducting
research and developing prototypes using very large-scale
polymer-based additive manufacturing: Provided further, That
there may be credited to this appropriation, to be available
until expended, funds received from States, counties,
municipalities, other public authorities, and private sources
for expenses incurred for training: Provided further, That
any reference in law, regulation, judicial proceedings, or
elsewhere to the Research and Innovative Technology
Administration shall continue to be deemed to be a reference
to the Office of the Assistant Secretary for Research and
Technology of the Department of Transportation.
national infrastructure investments
(including transfer of funds)
For necessary expenses to carry out a local and regional
project assistance grant program under section 6702 of title
49, United States Code, $592,213,000, to remain available
until expended: Provided, That section 6702(f)(2) of title
49, United States Code, shall not apply to amounts made
available under this heading in this Act: Provided further,
That of the amounts made available under this heading in this
Act, not less than $14,805,000 shall be awarded to projects
in historically disadvantaged communities or areas of
persistent poverty as defined under section 6702(a)(1) of
title 49, United States Code: Provided further, That section
6702(g) of title 49, United States Code, shall not apply to
amounts made available under this heading in this Act:
Provided further, That of the amounts made available under
this heading in this Act, not less than 5 percent shall be
made available for the planning, preparation, or design of
eligible projects: Provided further, That grants awarded
under this heading in this Act for eligible projects for
planning, preparation, or design shall not be subject to a
minimum grant size: Provided further, That in distributing
amounts made available under this heading in this Act, the
Secretary shall take such measures so as to ensure an
equitable geographic distribution of funds, an appropriate
balance in addressing the needs of urban and rural areas,
including Tribal areas, and the investment in a variety of
transportation modes: Provided further, That section
6702(c)(2)(C) of title 49, United States Code, shall not
apply to amounts made available under this heading in this
Act: Provided further, That a grant award under this heading
in this Act shall be not greater than $33,312,000: Provided
further, That section 6702(c)(3) of title 49, United States
Code, shall not apply to amounts made available under this
heading in this Act: Provided further, That not more than 15
percent of the amounts made available under this heading in
this Act may be awarded to projects in a single State:
Provided further, That for amounts made available under this
heading in this Act, the Secretary shall give priority to
projects that require a contribution of Federal funds in
order to complete an overall financing package: Provided
further, That section 6702(f)(1) of title 49, United States
Code, shall not apply to amounts made available under this
heading in this Act: Provided further, That of the amounts
awarded under this heading in this Act, not more than 50
percent shall be allocated for eligible projects located in
rural areas and not more than 50 percent shall be allocated
for eligible projects located in urbanized areas: Provided
further, That for the purpose of determining if an award for
planning, preparation, or design under this heading in this
Act is an urban award, the project location is the location
of the project being planned, prepared, or designed:
Provided further, That the Secretary may retain up to 2
percent of the amounts made available under this heading in
this Act, and may transfer portions of such amounts to the
Administrators of the Federal Aviation Administration, the
Federal Highway Administration, the Federal Transit
Administration, the Federal Railroad Administration and the
Maritime Administration to fund the award and oversight of
grants and credit assistance made under the program
authorized under section 6702 of title 49, United States
Code: Provided further, That for amounts made available
under this heading in this Act, the Secretary shall consider
and award projects based solely on the selection criteria as
identified under section 6702(d)(3) and (d)(4) of title 49,
United States Code.
national surface transportation and innovative finance bureau
For necessary expenses of the National Surface
Transportation and Innovative Finance Bureau as authorized by
49 U.S.C. 116, $7,075,000, to remain available until
expended: Provided, That the Secretary may collect and spend
fees, as authorized by title 23, United States Code, to cover
the costs of services of expert firms, including counsel, in
the field of municipal and project finance to assist in the
underwriting and servicing of Federal credit instruments and
all or a portion of the costs to the Federal Government of
servicing such credit instruments: Provided further, That
such fees are available until expended to pay for such costs:
Provided further, That such amounts are in addition to other
amounts made available for such purposes and are not subject
to any obligation limitation or the limitation on
administrative expenses under section 608 of title 23, United
States Code.
rural and tribal infrastructure advancement
For necessary expenses to carry out rural and Tribal
infrastructure advancement as authorized in section 21205 of
Public Law 117-58, $18,507,000, to remain available until
September 30, 2026: Provided, That the Secretary may enter
into cooperative agreements with philanthropic entities, non-
profit organizations, other Federal agencies, State or local
governments and their agencies, Indian Tribes, or other
technical assistance providers, to provide such technical
assistance, planning, and capacity building to State, local,
or Tribal governments, United States territories,
metropolitan planning organizations, transit agencies, or
other political subdivisions of State or local governments.
railroad rehabilitation and improvement financing program
The Secretary is authorized to issue direct loans and loan
guarantees pursuant to chapter 224 of title 49, United States
Code, and such authority shall exist as long as any such
direct loan or loan guarantee is outstanding.
financial management capital
For necessary expenses for upgrading and enhancing the
Department of Transportation's financial systems and re-
engineering business processes, $3,701,000, to remain
available through September 30, 2025.
cyber security initiatives
For necessary expenses for cyber security initiatives,
including necessary upgrades to network and information
technology infrastructure, improvement of identity management
and authentication capabilities, securing and protecting
data, implementation of Federal cyber security initiatives,
and implementation of enhanced security controls on agency
computers and mobile devices, $36,273,000, to remain
available until September 30, 2025.
office of civil rights
For necessary expenses of the Office of Civil Rights,
$13,494,000.
transportation planning, research, and development
(including transfer of funds)
For necessary expenses for conducting transportation
planning, research, systems development, development
activities, and making grants, $17,817,000, to remain
available until expended: Provided, That of such amount,
$4,024,000 shall be for necessary expenses of the Interagency
Infrastructure Permitting Improvement Center (IIPIC):
Provided further, That there may be transferred to this
appropriation, to remain available until expended, amounts
transferred from other Federal agencies for expenses incurred
under this heading for IIPIC activities not related to
transportation infrastructure: Provided further, That the
tools and analysis developed by the IIPIC shall be available
to other Federal agencies for the permitting and review of
major infrastructure projects not related to transportation
only to the extent that other Federal agencies provide
funding to the Department in accordance with the preceding
proviso: Provided further, That of the amounts made
available under this heading, $2,549,000 shall be made
available for the purposes, and in amounts, specified for
Congressionally Directed Spending in the table entitled
``Congressionally Directed Spending'' included in the report
accompanying this Act.
working capital fund
(including transfer of funds)
For necessary expenses for operating costs and capital
outlays of the Working Capital Fund, not to exceed
$386,541,000, shall be paid from appropriations made
available to the Department of Transportation: Provided,
That such services shall be provided on a competitive basis
to entities within the Department of Transportation:
Provided further, That the limitation in the preceding
proviso on operating expenses shall not apply to entities
external to the Department of Transportation or for funds
provided in Public Law 117-58: Provided further, That no
funds made available by this Act to an agency of the
Department shall be transferred to the Working Capital Fund
without majority approval of the Working Capital Fund
Steering Committee and approval of the Secretary: Provided
further, That no assessments may be levied against any
program, budget activity, subactivity, or project funded by
this Act
[[Page S4995]]
unless notice of such assessments and the basis therefor are
presented to the House and Senate Committees on
Appropriations and are approved by such Committees.
small and disadvantaged business utilization and outreach
For necessary expenses for small and disadvantaged business
utilization and outreach activities, $2,709,000, to remain
available until September 30, 2025: Provided, That
notwithstanding section 332 of title 49, United States Code,
such amounts may be used for business opportunities related
to any mode of transportation: Provided further, That
appropriations made available under this heading shall be
available for any purpose consistent with prior year
appropriations that were made available under the heading
``Office of the Secretary--Minority Business Resource Center
Program''.
payments to air carriers
(airport and airway trust fund)
In addition to funds made available from any other source
to carry out the essential air service program under sections
41731 through 41742 of title 49, United States Code,
$258,023,000, to be derived from the Airport and Airway Trust
Fund, to remain available until expended: Provided, That in
determining between or among carriers competing to provide
service to a community, the Secretary may consider the
relative subsidy requirements of the carriers: Provided
further, That basic essential air service minimum
requirements shall not include the 15-passenger capacity
requirement under section 41732(b)(3) of title 49, United
States Code: Provided further, That amounts authorized to be
distributed for the essential air service program under
section 41742(b) of title 49, United States Code, shall be
made available immediately from amounts otherwise provided to
the Administrator of the Federal Aviation Administration:
Provided further, That the Administrator may reimburse such
amounts from fees credited to the account established under
section 45303 of title 49, United States Code: Provided
further, That, notwithstanding section 41733 of title 49,
United States Code, for fiscal year 2024, the requirements
established under subparagraphs (B) and (C) of section
41731(a)(1) of title 49, United States Code, and the subsidy
cap established by section 332 of the Department of
Transportation and Related Agencies Appropriations Act, 2000,
shall not apply to maintain eligibility under section 41731
of title 49, United States Code.
administrative provisions--office of the secretary of transportation
(including rescissions)
(including transfer of funds)
Sec. 101. None of the funds made available by this Act to
the Department of Transportation may be obligated for the
Office of the Secretary of Transportation to approve
assessments or reimbursable agreements pertaining to funds
appropriated to the operating administrations in this Act,
except for activities underway on the date of enactment of
this Act, unless such assessments or agreements have
completed the normal reprogramming process for congressional
notification.
Sec. 102. The Secretary shall post on the web site of the
Department of Transportation a schedule of all meetings of
the Council on Credit and Finance, including the agenda for
each meeting, and require the Council on Credit and Finance
to record the decisions and actions of each meeting.
Sec. 103. In addition to authority provided by section 327
of title 49, United States Code, the Department's Working
Capital Fund is authorized to provide partial or full
payments in advance and accept subsequent reimbursements from
all Federal agencies from available funds for transit benefit
distribution services that are necessary to carry out the
Federal transit pass transportation fringe benefit program
under Executive Order No. 13150 and section 3049 of SAFETEA-
LU (5 U.S.C. 7905 note): Provided, That the Department shall
maintain a reasonable operating reserve in the Working
Capital Fund, to be expended in advance to provide
uninterrupted transit benefits to Government employees:
Provided further, That such reserve shall not exceed 1 month
of benefits payable and may be used only for the purpose of
providing for the continuation of transit benefits: Provided
further, That the Working Capital Fund shall be fully
reimbursed by each customer agency from available funds for
the actual cost of the transit benefit.
Sec. 104. Receipts collected in the Department's Working
Capital Fund, as authorized by section 327 of title 49,
United States Code, for unused transit and van pool benefits,
in an amount not to exceed 10 percent of fiscal year 2023
collections, shall be available until expended in the
Department's Working Capital Fund to provide contractual
services in support of section 189 of this Act: Provided,
That obligations in fiscal year 2024 of such collections
shall not exceed $740,000.
Sec. 105. None of the funds in this title may be obligated
or expended for retention or senior executive bonuses for an
employee of the Department of Transportation without the
prior written approval of the Assistant Secretary for
Administration.
Sec. 106. In addition to authority provided by section 327
of title 49, United States Code, the Department's
Administrative Working Capital Fund is hereby authorized to
transfer information technology equipment, software, and
systems from Departmental sources or other entities and
collect and maintain a reserve at rates which will return
full cost of transferred assets.
Sec. 107. None of the funds provided in this Act to the
Department of Transportation may be used to provide credit
assistance unless not less than 3 days before any application
approval to provide credit assistance under sections 603 and
604 of title 23, United States Code, the Secretary provides
notification in writing to the following committees: the
House and Senate Committees on Appropriations; the Committee
on Environment and Public Works and the Committee on Banking,
Housing and Urban Affairs of the Senate; and the Committee on
Transportation and Infrastructure of the House of
Representatives: Provided, That such notification shall
include, but not be limited to, the name of the project
sponsor; a description of the project; whether credit
assistance will be provided as a direct loan, loan guarantee,
or line of credit; and the amount of credit assistance.
Sec. 108. (a) Amounts made available to the Secretary of
Transportation or the Department of Transportation's
operating administrations in this Act for the costs of award,
administration, or oversight of financial assistance under
the programs identified in subsection (c) may be transferred
to the account identified in section 801 of division J of
Public Law 117-58, to remain available until expended, for
the necessary expenses of award, administration, or oversight
of any financial assistance programs in the Department of
Transportation.
(b) Amounts transferred under the authority in this section
are available in addition to amounts otherwise available for
such purpose.
(c) The program from which funds made available under this
Act may be transferred under subsection (a) are--
(1) the local and regional project assistance program under
section 6702 of title 49, United States Code; and
(2) the university transportation centers program under
section 5505 of title 49, United States Code.
Sec. 109. Of the amounts made available under the heading
``National Infrastructure Investments'', up to $51,481,000
shall be available--
(1) First, to fully fund the projects at the amounts for
which they applied under section 109B of the Consolidated
Appropriations Act, 2023 (division L of Public Law 117-328)
and were not fully funded; and
(2) Second, to fund highway infrastructure projects for
which the initial grant agreement was executed between
January 14, 2021 and February 14, 2021 for awards made from
the National Infrastructure Investments program under title I
of division G of the Consolidated Appropriations Act, 2019
(Public Law 116-6): Provided, That sponsors of projects
eligible for funds made available under subsection shall
provide sufficient written justification describing, at a
minimum, the current project cost estimate, why the project
cannot be completed with the obligated grant amount, and any
other relevant information, as determined by the Secretary:
Provided further, That funds made available under this
subsection shall be allocated to projects eligible to receive
funding under this section in order of the date the grant
agreements were initially executed: Provided further, That
the allocation under the previous proviso will be for the
amounts necessary to cover increases to eligible project
costs since the grant was obligated, based on the information
provided: Provided further, That section 200.204 of title 2,
Code of Federal Regulations, shall not apply to amounts made
available under this section: Provided further, That the
amounts made available under this section shall not be
subject to limitations under section 6702(c) of title 49,
United States Code: Provided further, That the amounts made
available under this section shall not be part of the Federal
share of total project costs under section 6702(e)(1) of
title 49, United States Code: Provided further, That section
6702(f) of title 49, United States Code, shall not apply to
amounts made available under this section: Provided further,
That the Office of the Secretary of Transportation shall
provide the amounts allocated to projects under this section
no later than 120 days after the date the sufficient written
justifications required under this section have been
submitted.
Sec. 109A. Of the unobligated balances of funds made
available for ``Railroad Rehabilitation and Improvement
Financing Program'' in section 109 of division L of Public
Law 117-103, $8,973,000 are hereby permanently rescinded.
Sec. 109B. For amounts provided for this fiscal year and
prior fiscal years, section 24112(c)(2)(B) of Public Law 117-
58 shall be applied by substituting ``30 percent'' for ``40
percent''.
Federal Aviation Administration
operations
(airport and airway trust fund)
For necessary expenses of the Federal Aviation
Administration, not otherwise provided for, including
operations and research activities related to commercial
space transportation, administrative expenses for research
and development, establishment of air navigation facilities,
the operation (including leasing) and maintenance of
aircraft, subsidizing the cost of aeronautical charts and
maps sold to the public, the lease or purchase of passenger
motor vehicles for replacement only, $9,431,448,000, to
remain available until September 30, 2025, of which
[[Page S4996]]
$8,959,876,000 to be derived from the Airport and Airway
Trust Fund: Provided, That of the amounts made available
under this heading--
(1) not less than $1,292,157,000 shall be available for
aviation safety activities;
(2) $6,991,682,000shall be available for air traffic
organization activities;
(3) $31,104,000 shall be available for commercial space
transportation activities;
(4) $702,790,000 shall be available for finance and
management activities;
(5) $51,890,000 shall be available for NextGen and
operations planning activities;
(6) $121,367,000shall be available for security and
hazardous materials safety activities; and
(7) $240,457,000shall be available for staff offices:
Provided further, That not to exceed 5 percent of any
budget activity, except for aviation safety budget activity,
may be transferred to any budget activity under this heading:
Provided further, That no transfer may increase or decrease
any appropriation under this heading by more than 5 percent:
Provided further, That any transfer in excess of 5 percent
shall be treated as a reprogramming of funds under section
405 of this Act and shall not be available for obligation or
expenditure except in compliance with the procedures set
forth in that section: Provided further, That not later than
60 days after the submission of the budget request, the
Administrator of the Federal Aviation Administration shall
transmit to Congress an annual update to the report submitted
to Congress in December 2004 pursuant to section 221 of the
Vision 100-Century of Aviation Reauthorization Act (49 U.S.C.
40101 note): Provided further, That the amounts made
available under this heading shall be reduced by $74,000 for
each day after 60 days after the submission of the budget
request that such report has not been transmitted to
Congress: Provided further, That not later than 60 days
after the submission of the budget request, the Administrator
shall transmit to Congress a companion report that describes
a comprehensive strategy for staffing, hiring, and training
flight standards and aircraft certification staff in a format
similar to the one utilized for the controller staffing plan,
including stated attrition estimates and numerical hiring
goals by fiscal year: Provided further, That the amounts
made available under this heading shall be reduced by $74,000
for each day after the date that is 60 days after the
submission of the budget request that such report has not
been submitted to Congress: Provided further, That funds may
be used to enter into a grant agreement with a nonprofit
standard-setting organization to assist in the development of
aviation safety standards: Provided further, That none of
the funds made available by this Act shall be available for
new applicants for the second career training program:
Provided further, That none of the funds made available by
this Act shall be available for the Federal Aviation
Administration to finalize or implement any regulation that
would promulgate new aviation user fees not specifically
authorized by law after the date of the enactment of this
Act: Provided further, That there may be credited to this
appropriation, as offsetting collections, funds received from
States, counties, municipalities, foreign authorities, other
public authorities, and private sources for expenses incurred
in the provision of agency services, including receipts for
the maintenance and operation of air navigation facilities,
and for issuance, renewal or modification of certificates,
including airman, aircraft, and repair station certificates,
or for tests related thereto, or for processing major repair
or alteration forms: Provided further, That of the amounts
made available under this heading, not less than $143,612,000
shall be used to fund direct operations of the current air
traffic control towers in the contract tower program,
including the contract tower cost share program, and any
airport that is currently qualified or that will qualify for
the program during the fiscal year: Provided further, That
none of the funds made available by this Act for aeronautical
charting and cartography are available for activities
conducted by, or coordinated through, the Working Capital
Fund: Provided further, That none of the funds appropriated
or otherwise made available by this Act or any other Act may
be used to eliminate the Contract Weather Observers program
at any airport.
facilities and equipment
(airport and airway trust fund)
For necessary expenses, not otherwise provided for, for
acquisition, establishment, technical support services,
improvement by contract or purchase, and hire of national
airspace systems and experimental facilities and equipment,
as authorized under part A of subtitle VII of title 49,
United States Code, including initial acquisition of
necessary sites by lease or grant; engineering and service
testing, including construction of test facilities and
acquisition of necessary sites by lease or grant;
construction and furnishing of quarters and related
accommodations for officers and employees of the Federal
Aviation Administration stationed at remote localities where
such accommodations are not available; and the purchase,
lease, or transfer of aircraft from funds made available
under this heading, including aircraft for aviation
regulation and certification; to be derived from the Airport
and Airway Trust Fund, $2,538,371,000, of which $470,069,000
is for personnel and related expenses and shall remain
available until September 30, 2025, $1,992,795,000 shall
remain available until September 30, 2026, and $75,507,000 is
for terminal facilities and shall remain available until
September 30, 2028: Provided, That there may be credited to
this appropriation funds received from States, counties,
municipalities, other public authorities, and private
sources, for expenses incurred in the establishment,
improvement, and modernization of national airspace systems:
Provided further, That not later than 60 days after
submission of the budget request, the Secretary of
Transportation shall transmit to the Congress an investment
plan for the Federal Aviation Administration which includes
funding for each budget line item for fiscal years 2025
through 2029, with total funding for each year of the plan
constrained to the funding targets for those years as
estimated and approved by the Office of Management and
Budget: Provided further, That section 405 of this Act shall
apply to amounts made available under this heading in title
VIII of the Infrastructure Investments and Jobs
Appropriations Act (division J of Public Law 117-58):
Provided further, That the amounts in the table entitled
``Allocation of Funds for FAA Facilities and Equipment from
the Infrastructure Investment and Jobs Act--Fiscal Year
2024'' in the report accompanying this Act shall be the
baseline for application of reprogramming and transfer
authorities for the current fiscal year pursuant to paragraph
(7) of such section 405 for amounts referred to in the
preceding proviso: Provided further, That, notwithstanding
paragraphs (5) and (6) of such section 405, unless prior
approval is received from the House and Senate Committees on
Appropriations, not to exceed 10 percent of any funding level
specified for projects and activities in the table referred
to in the preceding proviso may be transferred to any other
funding level specified for projects and activities in such
table and no transfer of such funding levels may increase or
decrease any funding level in such table by more than 10
percent: Provided further, That of the amounts made
available under this heading for terminal facilities,
$11,104,000 shall be made available for the purposes, and in
amounts, specified for Congressionally Directed Spending in
the table entitled ``Congressionally Directed Spending''
included in the report accompanying this Act: Provided
further, That, of the amounts made available under this
heading in this Act, $347,185,000 is designated by the
Congress as being for an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
research, engineering, and development
(airport and airway trust fund)
For necessary expenses, not otherwise provided for, for
research, engineering, and development, as authorized under
part A of subtitle VII of title 49, United States Code,
including construction of experimental facilities and
acquisition of necessary sites by lease or grant,
$192,469,000, to be derived from the Airport and Airway Trust
Fund and to remain available until September 30, 2026:
Provided, That there may be credited to this appropriation as
offsetting collections, funds received from States, counties,
municipalities, other public authorities, and private
sources, which shall be available for expenses incurred for
research, engineering, and development: Provided further,
That amounts made available under this heading shall be used
in accordance with the report accompanying this Act:
Provided further, That not to exceed 10 percent of any
funding level specified under this heading in the report
accompanying this Act may be transferred to any other funding
level specified under this heading in the report accompanying
this Act: Provided further, That no transfer may increase or
decrease any funding level by more than 10 percent: Provided
further, That any transfer in excess of 10 percent shall be
treated as a reprogramming of funds under section 405 of this
Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that
section.
grants-in-aid for airports
(liquidation of contract authorization)
(limitation on obligations)
(airport and airway trust fund)
(including transfer of funds)
For liquidation of obligations incurred for grants-in-aid
for airport planning and development, and noise compatibility
planning and programs as authorized under subchapter I of
chapter 471 and subchapter I of chapter 475 of title 49,
United States Code, and under other law authorizing such
obligations; for procurement, installation, and commissioning
of runway incursion prevention devices and systems at
airports of such title; for grants authorized under section
41743 of title 49, United States Code; and for inspection
activities and administration of airport safety programs,
including those related to airport operating certificates
under section 44706 of title 49, United States Code,
$2,479,890,000, to be derived from the Airport and Airway
Trust Fund and to remain available until expended: Provided,
That none of the amounts made available under this heading
shall be available for the planning or execution of programs
the obligations for which are in excess of $2,479,890,000, in
fiscal year 2024, notwithstanding section 47117(g) of title
49, United States Code: Provided further, That none of the
amounts made available under this heading shall be available
for the replacement of baggage conveyor systems,
reconfiguration of terminal baggage areas,
[[Page S4997]]
or other airport improvements that are necessary to install
bulk explosive detection systems: Provided further, That
notwithstanding section 47109(a) of title 49, United States
Code, the Government's share of allowable project costs under
paragraph (2) of such section for subgrants or paragraph (3)
of such section shall be 95 percent for a project at other
than a large or medium hub airport that is a successive phase
of a multi-phased construction project for which the project
sponsor received a grant in fiscal year 2011 for the
construction project: Provided further, That notwithstanding
any other provision of law, of amounts limited under this
heading, not less than $116,573,000 shall be available for
administration, $11,104,000 shall be available for the
Airport Cooperative Research Program, $30,944,000 shall be
available for Airport Technology Research, and $7,403,000, to
remain available until expended, shall be available and
transferred to ``Office of the Secretary, Salaries and
Expenses'' to carry out the Small Community Air Service
Development Program: Provided further, That in addition to
airports eligible under section 41743 of title 49, United
States Code, such program may include the participation of an
airport that serves a community or consortium that is not
larger than a small hub airport, according to FAA hub
classifications effective at the time the Office of the
Secretary issues a request for proposals.
grants-in-aid for airports
For an additional amount for ``Grants-In-Aid for
Airports'', to enable the Secretary of Transportation to make
grants for projects as authorized by subchapter 1 of chapter
471 and subchapter 1 of chapter 475 of title 49, United
States Code, $370,672,000, to remain available through
September 30, 2026: Provided, That amounts made available
under this heading shall be derived from the general fund,
and such funds shall not be subject to apportionment
formulas, special apportionment categories, or minimum
percentages under chapter 471 of title 49, United States
Code: Provided further, That of the sums appropriated under
this heading--
(1) $148,592,000 shall be made available for the purposes,
and in amounts, specified for Congressionally Directed
Spending in the table entitled ``Congressionally Directed
Spending'' included in the report accompanying this Act:
Provided, That funds made available under this section shall
not be subject to or considered under section 47115(j)(3)(B)
of title 49, United States Code;
(2) up to $222,080,000 shall be made available to the
Secretary to distribute as discretionary grants to airports,
of which not less than $18,507,000 shall be made available to
any commercial service airport, notwithstanding the
requirement for the airport to be located in an air quality
nonattainment or maintenance area or to be able to receive
emission credits in section 47102(3)(K) and 47102(3)(L) of
title 49, United States Code, for work necessary to construct
or modify airport facilities to provide low-emission fuel
systems, gate electrification, other related air quality
improvements, acquisition of airport-owned vehicles or ground
support equipment with low-emission technology; and
(3) not less than $2,221,000 shall be made available for
two remaining projects under section 190 of the FAA
Reauthorization Act of 2018 (Public Law 115-254): Provided,
That, notwithstanding subsection (j)(2) of section 190 of the
FAA Reauthorization Act of 2018 (Public Law 115-254), such
grants shall be made available for conducting testing
activities in support of studying the effectiveness of
existing federally funded sound insulation in residential
areas located within the 65 DNL noise contour of a large-hub
airport that will facilitate future environmental mitigation
projects in these areas: Provided further, That, with
respect to a project funded under the previous proviso, the
allowable project cost for such project shall be calculated
without consideration of any costs that were previously paid
by the Government:
Provided further, That the Secretary may make discretionary
grants to primary airports for airport-owned infrastructure
required for the on-airport distribution or storage of
sustainable aviation fuels that achieve at least a 50 percent
reduction in lifecycle greenhouse gas emissions, using a
methodology determined by the Secretary, including, but not
limited to, on-airport construction or expansion of
pipelines, rail lines and spurs, loading and off-loading
facilities, blending facilities, and storage tanks: Provided
further, That the Secretary may make discretionary grants
with funds made available under this heading to primary or
nonprimary airports for the acquisition or construction costs
related to airport-owned, revenue-producing aeronautical fuel
farms and fueling systems, including mobile systems, that the
Secretary determines will promote the use of unleaded or
sustainable aviation fuels on a non-exclusive basis:
Provided further, That the Secretary may make discretionary
grants for airport development improvements of primary
runways, taxiways, and aprons necessary at a nonhub, small
hub, medium hub, or large hub airport to increase operational
resilience for the purpose of resuming commercial service
flight operations following flooding, high water, hurricane,
storm surge, tidal wave, tornado, tsunami, wind driven water,
or winter storms: Provided further, That the amounts made
available under this heading shall not be subject to any
limitation on obligations for the Grants-in-Aid for Airports
program set forth in any Act: Provided further, That the
Administrator of the Federal Aviation Administration may
retain up to 0.5 percent of the amounts made available under
this heading to fund the award and oversight by the
Administrator of grants made under this heading.
administrative provisions--federal aviation administration
(including rescissions)
Sec. 110. None of the funds made available by this Act may
be used to compensate in excess of 600 technical staff-years
under the federally funded research and development center
contract between the Federal Aviation Administration and the
Center for Advanced Aviation Systems Development during
fiscal year 2024.
Sec. 111. None of the funds made available by this Act
shall be used to pursue or adopt guidelines or regulations
requiring airport sponsors to provide to the Federal Aviation
Administration without cost building construction,
maintenance, utilities and expenses, or space in airport
sponsor-owned buildings for services relating to air traffic
control, air navigation, or weather reporting: Provided,
That the prohibition on the use of funds in this section does
not apply to negotiations between the agency and airport
sponsors to achieve agreement on ``below-market'' rates for
these items or to grant assurances that require airport
sponsors to provide land without cost to the Federal Aviation
Administration for air traffic control facilities.
Sec. 112. The Administrator of the Federal Aviation
Administration may reimburse amounts made available to
satisfy section 41742(a)(1) of title 49, United States Code,
from fees credited under section 45303 of title 49, United
States Code, and any amount remaining in such account at the
close of any fiscal year may be made available to satisfy
section 41742(a)(1) of title 49, United States Code, for the
subsequent fiscal year.
Sec. 113. Amounts collected under section 40113(e) of
title 49, United States Code, shall be credited to the
appropriation current at the time of collection, to be merged
with and available for the same purposes as such
appropriation.
Sec. 114. None of the funds made available by this Act
shall be available for paying premium pay under section
5546(a) of title 5, United States Code, to any Federal
Aviation Administration employee unless such employee
actually performed work during the time corresponding to such
premium pay.
Sec. 115. None of the funds made available by this Act may
be obligated or expended for an employee of the Federal
Aviation Administration to purchase a store gift card or gift
certificate through use of a Government-issued credit card.
Sec. 116. Notwithstanding any other provision of law, none
of the funds made available under this Act or any prior Act
may be used to implement or to continue to implement any
limitation on the ability of any owner or operator of a
private aircraft to obtain, upon a request to the
Administrator of the Federal Aviation Administration, a
blocking of that owner's or operator's aircraft registration
number, Mode S transponder code, flight identification, call
sign, or similar identifying information from any ground
based display to the public that would allow the real-time or
near real-time flight tracking of that aircraft's movements,
except data made available to a Government agency, for the
noncommercial flights of that owner or operator.
Sec. 117. None of the funds made available by this Act
shall be available for salaries and expenses of more than
nine political and Presidential appointees in the Federal
Aviation Administration.
Sec. 118. None of the funds made available by this Act may
be used to increase fees pursuant to section 44721 of title
49, United States Code, until the Federal Aviation
Administration provides to the House and Senate Committees on
Appropriations a report that justifies all fees related to
aeronautical navigation products and explains how such fees
are consistent with Executive Order No. 13642.
Sec. 119. None of the funds made available by this Act may
be used to close a regional operations center of the Federal
Aviation Administration or reduce its services unless the
Administrator notifies the House and Senate Committees on
Appropriations not less than 90 full business days in
advance.
Sec. 119A. None of the funds made available by or limited
by this Act may be used to change weight restrictions or
prior permission rules at Teterboro airport in Teterboro, New
Jersey.
Sec. 119B. None of the funds made available by this Act
may be used by the Administrator of the Federal Aviation
Administration to withhold from consideration and approval
any new application for participation in the Contract Tower
Program, or for reevaluation of Cost-share Program
participants so long as the Federal Aviation Administration
has received an application from the airport, and so long as
the Administrator determines such tower is eligible using the
factors set forth in Federal Aviation Administration
published establishment criteria.
Sec. 119C. None of the funds made available by this Act
may be used to open, close, redesignate as a lesser office,
or reorganize a regional office, the aeronautical center, or
the technical center unless the Administrator submits a
request for the reprogramming of funds under section 405 of
this Act.
Sec. 119D. The Federal Aviation Administration
Administrative Services Franchise
[[Page S4998]]
Fund may be reimbursed after performance or paid in advance
from funds available to the Federal Aviation Administration
and other Federal agencies for which the Fund performs
services.
Sec. 119E. None of the funds appropriated or otherwise
made available to the FAA may be used to carry out the FAA's
obligations under section 44502(e) of title 49, United States
Code, unless the eligible air traffic system or equipment to
be transferred to the FAA under section 44502(e) of title 49,
United States Code, was purchased by the transferor airport--
(1) during the period of time beginning on October 5, 2018
and ending on December 31, 2021; or
(2) on or after January 1, 2022 for transferor airports
located in a non-contiguous States.
Sec. 119F. Of the unobligated balances available to the
Federal Aviation Administration, the following funds are
hereby permanently rescinded:
(1) $1,590,528.89 from funds made available for ``Federal
Aviation Administration--Facilities and Equipment'', which
were to remain available until expended, by title I of Public
Law 104-50; and
(2) $2,878.02 from funds made available for ``Federal
Aviation Administration--Facilities and Equipment'' by
chapter 10, division B, of Public Law 108-324.
Sec. 119G. None of the funds made available in this or any
other Act shall be used to facilitate the assignment of
individuals from a private-sector organization to the FAA to
serve on a temporary basis.
Federal Highway Administration
limitation on administrative expenses
(highway trust fund)
(including transfer of funds)
Not to exceed $357,957,000 together with advances and
reimbursements received by the Federal Highway
Administration, shall be obligated for necessary expenses for
administration and operation of the Federal Highway
Administration: Provided, That in addition, $2,404,000 shall
be transferred to the Appalachian Regional Commission in
accordance with section 104(a) of title 23, United States
Code.
federal-aid highways
(limitation on obligations)
(highway trust fund)
Funds available for the implementation or execution of
authorized Federal-aid highway and highway safety
construction programs shall not exceed total obligations of
$44,486,843,000 for fiscal year 2024: Provided, That the
limitation on obligations under this heading shall only apply
to contract authority authorized from the Highway Trust Fund
(other than the Mass Transit Account), unless otherwise
specified in law.
(liquidation of contract authorization)
(highway trust fund)
For the payment of obligations incurred in carrying out
authorized Federal-aid highway and highway safety
construction programs, $45,002,717,000 shall be derived from
the Highway Trust Fund (other than the Mass Transit Account),
to remain available until expended.
highway infrastructure programs
(including transfer of funds)
There is hereby appropriated to the Secretary
$1,515,130,000: Provided, That the funds made available
under this heading shall be derived from the general fund,
shall be in addition to any funds provided for fiscal year
2024 in this or any other Act for: (1) ``Federal-aid
Highways'' under chapter 1 of title 23, United States Code;
(2) the Appalachian Development Highway System as authorized
under section 1069(y) of Public Law 102-240; (3) the
nationally significant Federal lands and Tribal projects
program under section 1123 of the FAST Act, as amended (23
U.S.C. 201 note); (4) the Northern Border Regional Commission
(40 U.S.C. 15101 et seq.); or (5) the Denali Commission, and
shall not affect the distribution or amount of funds provided
in any other Act: Provided further, That, except for the
funds made available under this heading for the Northern
Border Regional Commission and the Denali Commission, section
11101(e) of Public Law 117-58 shall apply to funds made
available under this heading: Provided further, That unless
otherwise specified, amounts made available under this
heading shall be available until September 30, 2027, and
shall not be subject to any limitation on obligations for
Federal-aid highways or highway safety construction programs
set forth in any Act making annual appropriations: Provided
further, That of the sums appropriated under this heading--
(1) $519,473,000 shall be for the purposes, and in the
amounts, specified for Congressionally Directed Spending in
the table entitled ``Congressionally Directed Spending''
included in the report accompanying this Act: Provided,
That, except as otherwise provided under this heading, the
funds made available under this paragraph shall be
administered as if apportioned under chapter 1 of title 23,
United States Code: Provided further, That funds made
available under this paragraph that are used for Tribal
projects shall be administered as if allocated under chapter
2 of title 23, United States Code, except that the set-asides
described in subparagraph (C) of section 202(b)(3) of title
23, United States Code, and subsections (a)(6), (c), and (e)
of section 202 of such title, and section 1123(h)(1) of MAP-
21 (as amended by Public Law 117-58), shall not apply to such
funds;
(2) $74,027,000 shall be for necessary expenses for
construction of the Appalachian Development Highway System,
as authorized under section 1069(y) of Public Law 102-240:
Provided, That for the purposes of funds made available under
this paragraph, the term ``Appalachian State'' means a State
that contains 1 or more counties (including any political
subdivision located within the area) in the Appalachian
region as defined in section 14102(a) of title 40, United
States Code: Provided further, That funds made available
under this heading for construction of the Appalachian
Development Highway System shall remain available until
expended: Provided further, That, except as provided in the
following proviso, funds made available under this heading
for construction of the Appalachian Development Highway
System shall be administered as if apportioned under chapter
1 of title 23, United States Code: Provided further, That a
project carried out with funds made available under this
heading for construction of the Appalachian Development
Highway System shall be carried out in the same manner as a
project under section 14501 of title 40, United States Code:
Provided further, That subject to the following proviso,
funds made available under this heading for construction of
the Appalachian Development Highway System shall be
apportioned to Appalachian States according to the
percentages derived from the 2012 Appalachian Development
Highway System Cost-to-Complete Estimate, adopted in
Appalachian Regional Commission Resolution Number 736, and
confirmed as each Appalachian State's relative share of the
estimated remaining need to complete the Appalachian
Development Highway System, adjusted to exclude those
corridors that such States have no current plans to complete,
as reported in the 2013 Appalachian Development Highway
System Completion Report, unless those States have modified
and assigned a higher priority for completion of an
Appalachian Development Highway System corridor, as reported
in the 2020 Appalachian Development Highway System Future
Outlook: Provided further, That the Secretary shall adjust
apportionments made under the preceding proviso so that no
Appalachian State shall be apportioned an amount in excess of
30 percent of the amount made available for construction of
the Appalachian Development Highway System under this
heading: Provided further, That the Secretary shall consult
with the Appalachian Regional Commission in making
adjustments under the preceding two provisos: Provided
further, That the Federal share of the costs for which an
expenditure is made for construction of the Appalachian
Development Highway System under this heading shall be up to
100 percent;
(3) $7,403,000 shall be for the nationally significant
Federal lands and Tribal projects program under section 1123
of the FAST Act (23 U.S.C. 201 note);
(4) $7,403,000 shall be transferred to the Northern Border
Regional Commission (40 U.S.C. 15101 et seq.) to make grants,
in addition to amounts otherwise made available to the
Northern Border Regional Commission for such purpose, to
carry out pilot projects that demonstrate the capabilities of
wood-based infrastructure projects: Provided, That a grant
made with funds made available under this paragraph shall be
administered in the same manner as a grant made under
subtitle V of title 40, United States Code;
(5) $3,701,000 shall be transferred to the Denali
Commission for activities eligible under section 307(e) of
the Denali Commission Act of 1998 (42 U.S.C. 3121 note;
Public Law 105-277): Provided, That funds made available
under this paragraph shall not be subject to section 311 of
such Act: Provided further, That except as otherwise
provided under section 307(e) of such Act or this heading,
funds made available under this paragraph shall be
administered as if directly appropriated to the Denali
Commission and subject to applicable provisions of such Act,
including the requirement in section 307(e) of such Act that
the local community provides a 10 percent non-Federal match
in the form of any necessary land or planning and design
funds: Provided further, That such funds shall be available
until expended: Provided further, That the Federal share of
the costs for which an expenditure is made with funds
transferred under this paragraph shall be up to 90 percent;
(6) $11,104,000 shall be transferred to the Denali
Commission to carry out the Denali Access System Program
under section 309 of the Denali Commission Act of 1998 (42
U.S.C. 3121 note; Public Law 105-277): Provided, That a
transfer under this paragraph shall not be subject to section
311 of such Act: Provided further, That except as otherwise
provided under this heading, funds made available under this
paragraph shall be administered as if directly appropriated
to the Denali Commission and subject to applicable provisions
of such Act: Provided further, That funds made available
under this paragraph shall not be subject to section
309(j)(2) of such Act: Provided further, That funds made
available under this paragraph shall be available until
expended: Provided further, That the Federal share of the
costs for which an expenditure is made with funds transferred
under this paragraph shall be up to 100 percent;
(7) $8,883,000 shall be for the regional infrastructure
accelerator demonstration program authorized under section
1441 of the FAST Act (23 U.S.C. 601 note): Provided, That
for funds made available under this paragraph, the Federal
share of the costs shall
[[Page S4999]]
be, at the option of the recipient, up to 100 percent;
(8) $33,312,000 shall be for the active transportation
infrastructure investment program under section 11529 of the
Infrastructure Investment and Jobs Act (23 U.S.C. 217 note):
Provided, That except as otherwise provided under such
section or this heading, the funds made available under this
paragraph shall be administered as if apportioned under
chapter 1 of title 23, United States Code: Provided further,
That funds made available under this paragraph shall remain
available until expended;
(9) $2,221,000 shall be to carry out the Pollinator-
Friendly Practices on Roadsides and Highway Rights-of-Way
Program under section 332 of title 23, United States Code;
(10) $847,604,000 shall be for a bridge replacement and
rehabilitation program: Provided, That, for the purposes of
funds made available under this paragraph, the term ``State''
means any of the 50 States or the District of Columbia and
the term ``qualifying State'' means any State in which the
percentage of total deck area of bridges classified as in
poor condition in such State is at least 5 percent or in
which the percentage of total bridges classified as in poor
condition in such State is at least 5 percent: Provided
further, That, of the funds made available under this
paragraph, the Secretary shall reserve $4,442,000 for each
State that does not meet the definition of a qualifying
State: Provided further, That, after making the reservations
under the preceding proviso, the Secretary shall distribute
the remaining funds made available under this paragraph to
each qualifying State by the proportion that the percentage
of total deck area of bridges classified as in poor condition
in such qualifying State bears to the sum of the percentages
of total deck area of bridges classified as in poor condition
in all qualifying States: Provided further, That, of the
funds made available under this paragraph--
(A) no qualifying State shall receive more than
$44,416,000;
(B) each State shall receive an amount not less than
$4,442,000; and
(C) after calculating the distribution of funds pursuant to
the preceding proviso, any amount in excess of $44,416,000
shall be redistributed equally among each State that does not
meet the Definition of a qualifying State:
Provided further, That the funds made available under this
paragraph shall be used for highway bridge replacement or
rehabilitation projects on public roads: Provided further,
That for purposes of this paragraph, the Secretary shall
calculate the percentages of total deck area of bridges
(including the percentages of total deck area classified as
in poor condition) and the percentages of total bridge counts
(including the percentages of total bridges classified as in
poor condition) based on the National Bridge Inventory as of
December 31, 2018: Provided further, That, except as
otherwise provided under this heading, the funds made
available under this paragraph shall be administered as if
apportioned under chapter 1 of title 23, United States Code.
administrative provisions--federal highway administration
(including rescissions)
(including transfer of funds)
Sec. 120. (a) For fiscal year 2024, the Secretary of
Transportation shall--
(1) not distribute from the obligation limitation for
Federal-aid highways--
(A) amounts authorized for administrative expenses and
programs by section 104(a) of title 23, United States Code;
and
(B) amounts authorized for the Bureau of Transportation
Statistics;
(2) not distribute an amount from the obligation limitation
for Federal-aid highways that is equal to the unobligated
balance of amounts--
(A) made available from the Highway Trust Fund (other than
the Mass Transit Account) for Federal-aid highway and highway
safety construction programs for previous fiscal years the
funds for which are allocated by the Secretary (or
apportioned by the Secretary under section 202 or 204 of
title 23, United States Code); and
(B) for which obligation limitation was provided in a
previous fiscal year;
(3) determine the proportion that--
(A) the obligation limitation for Federal-aid highways,
less the aggregate of amounts not distributed under
paragraphs (1) and (2) of this subsection; bears to
(B) the total of the sums authorized to be appropriated for
the Federal-aid highway and highway safety construction
programs (other than sums authorized to be appropriated for
provisions of law described in paragraphs (1) through (11) of
subsection (b) and sums authorized to be appropriated for
section 119 of title 23, United States Code, equal to the
amount referred to in subsection (b)(12) for such fiscal
year), less the aggregate of the amounts not distributed
under paragraphs (1) and (2) of this subsection;
(4) distribute the obligation limitation for Federal-aid
highways, less the aggregate amounts not distributed under
paragraphs (1) and (2), for each of the programs (other than
programs to which paragraph (1) applies) that are allocated
by the Secretary under authorized Federal-aid highway and
highway safety construction programs, or apportioned by the
Secretary under section 202 or 204 of title 23, United States
Code, by multiplying--
(A) the proportion determined under paragraph (3); by
(B) the amounts authorized to be appropriated for each such
program for such fiscal year; and
(5) distribute the obligation limitation for Federal-aid
highways, less the aggregate amounts not distributed under
paragraphs (1) and (2) and the amounts distributed under
paragraph (4), for Federal-aid highway and highway safety
construction programs that are apportioned by the Secretary
under title 23, United States Code (other than the amounts
apportioned for the National Highway Performance Program in
section 119 of title 23, United States Code, that are exempt
from the limitation under subsection (b)(12) and the amounts
apportioned under sections 202 and 204 of that title) in the
proportion that--
(A) amounts authorized to be appropriated for the programs
that are apportioned under title 23, United States Code, to
each State for such fiscal year; bears to
(B) the total of the amounts authorized to be appropriated
for the programs that are apportioned under title 23, United
States Code, to all States for such fiscal year.
(b) Exceptions From Obligation Limitation.--The obligation
limitation for Federal-aid highways shall not apply to
obligations under or for--
(1) section 125 of title 23, United States Code;
(2) section 147 of the Surface Transportation Assistance
Act of 1978 (23 U.S.C. 144 note; 92 Stat. 2714);
(3) section 9 of the Federal-Aid Highway Act of 1981 (95
Stat. 1701);
(4) subsections (b) and (j) of section 131 of the Surface
Transportation Assistance Act of 1982 (96 Stat. 2119);
(5) subsections (b) and (c) of section 149 of the Surface
Transportation and Uniform Relocation Assistance Act of 1987
(101 Stat. 198);
(6) sections 1103 through 1108 of the Intermodal Surface
Transportation Efficiency Act of 1991 (105 Stat. 2027);
(7) section 157 of title 23, United States Code (as in
effect on June 8, 1998);
(8) section 105 of title 23, United States Code (as in
effect for fiscal years 1998 through 2004, but only in an
amount equal to $473,030,000 for each of those fiscal years);
(9) Federal-aid highway programs for which obligation
authority was made available under the Transportation Equity
Act for the 21st Century (112 Stat. 107) or subsequent Acts
for multiple years or to remain available until expended, but
only to the extent that the obligation authority has not
lapsed or been used;
(10) section 105 of title 23, United States Code (as in
effect for fiscal years 2005 through 2012, but only in an
amount equal to $473,030,000 for each of those fiscal years);
(11) section 1603 of SAFETEA-LU (23 U.S.C. 118 note; 119
Stat. 1248), to the extent that funds obligated in accordance
with that section were not subject to a limitation on
obligations at the time at which the funds were initially
made available for obligation; and
(12) section 119 of title 23, United States Code (but, for
each of fiscal years 2013 through 2024, only in an amount
equal to $473,030,000).
(c) Redistribution of Unused Obligation Authority.--
Notwithstanding subsection (a), the Secretary shall, after
August 1 of such fiscal year--
(1) revise a distribution of the obligation limitation made
available under subsection (a) if an amount distributed
cannot be obligated during that fiscal year; and
(2) redistribute sufficient amounts to those States able to
obligate amounts in addition to those previously distributed
during that fiscal year, giving priority to those States
having large unobligated balances of funds apportioned under
sections 144 (as in effect on the day before the date of
enactment of Public Law 112-141) and 104 of title 23, United
States Code.
(d) Applicability of Obligation Limitations to
Transportation Research Programs.--
(1) In general.--Except as provided in paragraph (2), the
obligation limitation for Federal-aid highways shall apply to
contract authority for transportation research programs
carried out under--
(A) chapter 5 of title 23, United States Code;
(B) title VI of the Fixing America's Surface Transportation
Act; and
(C) title III of division A of the Infrastructure
Investment and Jobs Act (Public Law 117-58).
(2) Exception.--Obligation authority made available under
paragraph (1) shall--
(A) remain available for a period of 4 fiscal years; and
(B) be in addition to the amount of any limitation imposed
on obligations for Federal-aid highway and highway safety
construction programs for future fiscal years.
(e) Redistribution of Certain Authorized Funds.--
(1) In general.--Not later than 30 days after the date of
distribution of obligation limitation under subsection (a),
the Secretary shall distribute to the States any funds
(excluding funds authorized for the program under section 202
of title 23, United States Code) that--
(A) are authorized to be appropriated for such fiscal year
for Federal-aid highway programs; and
(B) the Secretary determines will not be allocated to the
States (or will not be apportioned to the States under
section 204 of title 23, United States Code), and will not be
available for obligation, for such fiscal year
[[Page S5000]]
because of the imposition of any obligation limitation for
such fiscal year.
(2) Ratio.--Funds shall be distributed under paragraph (1)
in the same proportion as the distribution of obligation
authority under subsection (a)(5).
(3) Availability.--Funds distributed to each State under
paragraph (1) shall be available for any purpose described in
section 133(b) of title 23, United States Code.
Sec. 121. Notwithstanding 31 U.S.C. 3302, funds received
by the Bureau of Transportation Statistics from the sale of
data products, for necessary expenses incurred pursuant to
chapter 63 of title 49, United States Code, may be credited
to the Federal-aid highways account for the purpose of
reimbursing the Bureau for such expenses.
Sec. 122. Not less than 15 days prior to waiving, under
his or her statutory authority, any Buy America requirement
for Federal-aid highways projects, the Secretary of
Transportation shall make an informal public notice and
comment opportunity on the intent to issue such waiver and
the reasons therefor: Provided, That the Secretary shall
post on a website any waivers granted under the Buy America
requirements.
Sec. 123. None of the funds made available in this Act may
be used to make a grant for a project under section 117 of
title 23, United States Code, unless the Secretary, at least
60 days before making a grant under that section, provides
written notification to the House and Senate Committees on
Appropriations of the proposed grant, including an evaluation
and justification for the project and the amount of the
proposed grant award.
Sec. 124. (a) A State or territory, as defined in section
165 of title 23, United States Code, may use for any project
eligible under section 133(b) of title 23 or section 165 of
title 23 and located within the boundary of the State or
territory any earmarked amount, and any associated obligation
limitation: Provided, That the Department of Transportation
for the State or territory for which the earmarked amount was
originally designated or directed notifies the Secretary of
its intent to use its authority under this section and
submits an annual report to the Secretary identifying the
projects to which the funding would be applied.
Notwithstanding the original period of availability of funds
to be obligated under this section, such funds and associated
obligation limitation shall remain available for obligation
for a period of 3 fiscal years after the fiscal year in which
the Secretary is notified. The Federal share of the cost of a
project carried out with funds made available under this
section shall be the same as associated with the earmark.
(b) In this section, the term ``earmarked amount'' means--
(1) congressionally directed spending, as defined in rule
XLIV of the Standing Rules of the Senate, identified in a
prior law, report, or joint explanatory statement, which was
authorized to be appropriated or appropriated more than 10
fiscal years prior to the current fiscal year, and
administered by the Federal Highway Administration; or
(2) a congressional earmark, as defined in rule XXI of the
Rules of the House of Representatives, identified in a prior
law, report, or joint explanatory statement, which was
authorized to be appropriated or appropriated more than 10
fiscal years prior to the current fiscal year, and
administered by the Federal Highway Administration.
(c) The authority under subsection (a) shall be applied to
projects within the same general geographic area within 25
miles for which the funding was designated.
(d) The Secretary shall submit consolidated reports of the
information provided by the States and territories annually
to the House and Senate Committees on Appropriations.
Sec. 125. (a) Of the unallocated and unobligated balances
available to the Federal Highway Administration, the
following funds are hereby permanently rescinded, subject to
subsections (b) and (c), from the following accounts and
programs in the specified amounts:
(1) $33,437,074.13 from funds available in the ``Surface
Transportation Priorities'' account (69 X 0538) (other than
funds made available for projects in Kentucky, Maine,
Mississippi, or West Virginia);
(2) $1,839,129.40 from funds available in the ``Delta
Regional Transportation Development Program'' account (69 X
0551);
(3) $11,064,579.57 from funds available in the
``Appalachian Development Highway System'' account (69 X
0640);
(4) $9,264.22 from funds available in the ``Highway
Beautification'' account (69 X 0540);
(5) $1,375,400 from funds available in the ``State
Infrastructure Banks'' account (69 X 0549);
(6) $90,435 from funds available in the ``Railroad-Highway
Crossings Demonstration Projects'' account (69 X 0557);
(7) $5,211,248.53 from funds available in the ``Interstate
Transfer Grants--Highway'' account (69 X 0560);
(8) $133,231.12 from funds available in the ``Kentucky
Bridge Project'' account (69 X 0572);
(9) $2,887.56 from funds available in the ``Highway
Demonstration Project--Preliminary Engineering'' account (69
X 0583);
(10) $149,083.06 from funds available in the ``Highway
Demonstration Projects'' account (69 X 0598);
(11) $68,438.40 from funds available in the ``Miscellaneous
Highway Projects'' account (69 X 0641);
(b) No amounts may be cancelled under subsection (a) from
any funds for which a State exercised its authority under
section 125 of division L of Public Law 114-113, section 422
of division K of Public Law 115-31, section 126 of division L
of Public Law 115-141, section 125 of division G of Public
Law 116-6, section 125 of division H of Public Law 116-94,
section 124 of division L of Public Law 116-260, section 124
of division L of Public Law 117-103, or section 124 of
division L of Public Law 117-328.
(c) No amounts may be cancelled under subsection (a) from
any amounts that were designated by the Congress as an
emergency requirement pursuant to a concurrent resolution on
the budget or the Balanced Budget and Emergency Deficit
Control Act of 1985.
Sec. 126. (a) Notwithstanding any other provision of law,
of the funds described in subsection (b)--
(1) $14,805,000 shall be made available to the Secretary to
carry out the national scenic byways program under section
162 of title 23, United States Code: Provided, That, except
as otherwise provided under this section, the funds made
available under this paragraph shall be administered as if
apportioned under chapter 1 of title 23, United States Code:
Provided further, That section 11101(e) of Public Law 117-58
shall apply to funds made available under this paragraph;
(2) $22,208,000 shall be made available to the Secretary to
carry out the nationally significant Federal lands and Tribal
projects program under section 1123 of the FAST Act (23
U.S.C. 201 note); and
(3) $111,040,000 shall be made available to the Secretary
for competitive awards for activities eligible under section
176(d)(4) of title 23, United States Code, of which
$92,533,000 shall be for such activities eligible under
subparagraph (A) of such section and $18,507,000 shall be for
such activities eligible under subparagraph (C) of such
section: Provided, That, except as otherwise provided under
this section, the funds made available under this paragraph
shall be administered as if apportioned under chapter 1 of
title 23, United States Code: Provided further, That, except
as otherwise provided under this section, funds made
available under this paragraph shall be administered as if
made available to carry out section 176(d) of such title:
Provided further, That, for purposes of the calculation under
section 176(d)(5)(G)(ii) of such title, amounts made
available under this paragraph shall be included in the
calculation of the total amount provided for fiscal year 2024
under section 176(d) of such title: Provided further, That
for purposes of applying the set-asides under section
176(d)(5)(H)(ii) and (iii) of such title, amounts made
available under this paragraph for competitive awards for
activities eligible under sections 176(d)(4)(A) and
176(d)(4)(C) of such title shall be included in the
calculation of the amounts made available to carry out
section 176(d) of such title for fiscal year 2024: Provided
further, That, the Secretary may retain not more than a total
of 5 percent of the amounts made available under this
paragraph to carry out this paragraph and to review
applications for grants under this paragraph, and may
transfer portions of the funds retained under this proviso to
the relevant Administrators to fund the award and oversight
of grants provided under this paragraph: Provided further,
That a project assisted with funds made available under this
paragraph shall be treated as a project on a Federal-aid
highway: Provided further, That section 11101(e) of Public
Law 117-58 shall apply to funds made available under this
paragraph.
(b) Funds described in this subsection are any funds that--
(1) are unobligated on the date of enactment of this Act;
and
(2) were made available for credit assistance under--
(A) the transportation infrastructure finance and
innovation program under subchapter II of chapter 1 of title
23, United States Code, as in effect prior to August 10,
2005; or
(B) the transportation infrastructure finance and
innovation program under chapter 6 of title 23, United States
Code.
(c) Funds made available under subsection (a) shall--
(1) be subject to the obligation limitation for Federal-aid
highway and highway safety construction programs; and
(2) unless otherwise specified under this section, be
available until September 30, 2027.
Sec. 127. Section 127 of title 23, United States Code, is
amended by inserting at the end the following:
``(x) Certain Agricultural Vehicles in the State of
Mississippi.--
``(1) In general.--The State of Mississippi may allow, by
special permit, the operation of a covered agricultural
vehicle on the Interstate System in the State of Mississippi
if such vehicle does not exceed--
``(A) a gross vehicle weight of 88,000 pounds; and
``(B) 110 percent of the maximum weight on any axle or axle
group described in subsection (a)(2), including any
enforcement tolerance.
``(2) Covered agricultural vehicle defined.--In this
subsection, the term `covered agricultural vehicle' means a
vehicle that is transporting unprocessed agricultural crops
used for food, feed or fiber, or raw or unfinished forest
products, including logs, pulpwood, biomass or wood chips.
``(y) Operation of Certain Vehicles in West Virginia.--
[[Page S5001]]
``(1) In general.--The State of West Virginia may allow, by
special permit, the operation of a vehicle that is
transporting materials and equipment on the Interstate System
in the State of West Virginia if such vehicle does not exceed
110 percent of the maximum weight on any axle or axle group
described in subsection (a)(2), including any enforcement
tolerance, provided the remaining gross vehicle weight
requirements of subsection (a) are met.
``(2) Definition.--In this subsection, the term `materials
and equipment' means materials and equipment that are used on
a project eligible under this chapter.''.
Federal Motor Carrier Safety Administration
motor carrier safety operations and programs
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
(including transfer of funds)
For payment of obligations incurred in the implementation,
execution and administration of motor carrier safety
operations and programs pursuant to section 31110 of title
49, United States Code, as amended by the Infrastructure
Investment and Jobs Act (Public Law 117-58), $256,132,000, to
be derived from the Highway Trust Fund (other than the Mass
Transit Account), together with advances and reimbursements
received by the Federal Motor Carrier Safety Administration,
the sum of which shall remain available until expended:
Provided, That funds available for implementation, execution,
or administration of motor carrier safety operations and
programs authorized under title 49, United States Code, shall
not exceed total obligations of $322,016,000, for ``Motor
Carrier Safety Operations and Programs'' for fiscal year
2024, of which $44,416,000 is to be transferred and made
available from prior year unobligated contract authority
provided for Motor Carrier Safety Grants or Motor Carrier
Safety Operations and Programs in the current or prior
appropriations or authorization Acts: Provided further, That
of the sums appropriated under this heading:
(1) $10,418,000, to remain available for obligation until
September 30, 2026, is for the research and technology
program;
(2) not less than $73,359,000, to remain available for
obligation until September 30, 2026, is for development,
modernization, enhancement, and continued operation and
maintenance of information technology and information
management; and
(3) not less than $17,766,000, to remain available for
obligation until expended, is for a study of the causal
factors of fatal medium-duty truck crashes: Provided, That
the activities funded by the previous proviso may be
accomplished through direct expenditure, direct research
activities, grants, cooperative agreements, contracts, intra-
or inter agency agreements, or other agreements with public
organizations: Provided further, That such amounts,
payments, and obligation limitation as may be necessary to
carry out the study of the causal factors of fatal medium
duty truck crashes may be transferred and credited to
appropriate accounts of other participating Federal agencies.
motor carrier safety grants
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out
sections 31102, 31103, 31104, and 31313 of title 49, United
States Code, $382,199,000, to be derived from the Highway
Trust Fund (other than the Mass Transit Account) and to
remain available until expended: Provided, That funds
available for the implementation or execution of motor
carrier safety programs shall not exceed total obligations of
$382,199,000 in fiscal year 2024 for ``Motor Carrier Safety
Grants'': Provided further, That of the amounts made
available under this heading--
(1) $300,918,000, to remain available for obligation until
September 30, 2025, shall be for the motor carrier safety
assistance program;
(2) $32,202,000, to remain available for obligation until
September 30, 2025, shall be for the commercial driver's
license program implementation program;
(3) $44,416,000, to remain available for obligation until
September 30, 2025, shall be for the high priority program;
(4) $962,000, to remain available for obligation until
September 30, 2025, shall be for the commercial motor vehicle
operators grant program; and
(5) $3,701,000, to remain available for obligation until
September 30, 2025, shall be for the commercial motor vehicle
enforcement training and support grant program.
administrative provisions--federal motor carrier safety administration
Sec. 130. The Federal Motor Carrier Safety Administration
shall send notice of section 385.308 of title 49, Code of
Federal Regulations, violations by certified mail, registered
mail, or another manner of delivery, which records the
receipt of the notice by the persons responsible for the
violations.
Sec. 131. None of the funds appropriated or otherwise made
available to the Department of Transportation by this Act or
any other Act may be obligated or expended to implement,
administer, or enforce the requirements of section 31137 of
title 49, United States Code, or any regulation issued by the
Secretary pursuant to such section, with respect to the use
of electronic logging devices by operators of commercial
motor vehicles, as defined in section 31132(1) of such title,
transporting livestock as defined in section 602 of the
Emergency Livestock Feed Assistance Act of 1988 (7 U.S.C.
1471) or insects.
Sec. 132. None of the funds made available by this or any
other Act may be used to require the use of inward facing
cameras or require a motor carrier to register an
apprenticeship program with the Department of Labor as a
condition for participation in the Safe Driver Apprenticeship
Pilot Program.
National Highway Traffic Safety Administration
operations and research
For expenses necessary to discharge the functions of the
Secretary, with respect to traffic and highway safety,
authorized under chapter 301 and part C of subtitle VI of
title 49, United States Code, $164,339,000, to remain
available through September 30, 2025.
operations and research
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out the
provisions of section 403 of title 23, United States Code,
including behavioral research on Automated Driving Systems
and Advanced Driver Assistance Systems and improving consumer
responses to safety recalls, section 25024 of the
Infrastructure Investment and Jobs Act (Public Law 117-58),
and chapter 303 of title 49, United States Code,
$148,941,000, to be derived from the Highway Trust Fund
(other than the Mass Transit Account) and to remain available
until expended: Provided, That none of the funds in this Act
shall be available for the planning or execution of programs
the total obligations for which, in fiscal year 2024, are in
excess of $148,941,000: Provided further, That of the sums
appropriated under this heading--
(1) $143,612,000 shall be for programs authorized under
section 403 of title 23, United States Code, including
behavioral research on Automated Driving Systems and Advanced
Driver Assistance Systems and improving consumer responses to
safety recalls, and section 25024 of the Infrastructure
Investment and Jobs Act (Public Law 117-58); and
(2) $5,330,000 shall be for the National Driver Register
authorized under chapter 303 of title 49, United States Code:
Provided further, That within the $148,941,000 obligation
limitation for operations and research, $42,565,000 shall
remain available until September 30, 2025, and shall be in
addition to the amount of any limitation imposed on
obligations for future years: Provided further, That amounts
for behavioral research on Automated Driving Systems and
Advanced Driver Assistance Systems and improving consumer
responses to safety recalls are in addition to any other
funds provided for those purposes for fiscal year 2024 in
this Act.
highway traffic safety grants
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out
provisions of sections 402, 404, and 405 of title 23, United
States Code, and grant administration expenses under chapter
4 of title 23, United States Code, to remain available until
expended, $602,059,000, to be derived from the Highway Trust
Fund (other than the Mass Transit Account): Provided, That
none of the funds in this Act shall be available for the
planning or execution of programs for which the total
obligations in fiscal year 2024 are in excess of $602,059,000
for programs authorized under sections 402, 404, and 405 of
title 23, United States Code, and grant administration
expenses under chapter 4 of title 23, United States Code:
Provided further, That of the sums appropriated under this
heading--
(1) $280,117,000 shall be for ``Highway Safety Programs''
under section 402 of title 23, United States Code;
(2) $261,684,000 shall be for ``National Priority Safety
Programs'' under section 405 of title 23, United States Code;
(3) $29,833,000 shall be for the ``High Visibility
Enforcement Program'' under section 404 of title 23, United
States Code; and
(4) $30,426,000 shall be for grant administrative expenses
under chapter 4 of title 23, United States Code:
Provided further, That none of these funds shall be used
for construction, rehabilitation, or remodeling costs, or for
office furnishings and fixtures for State, local or private
buildings or structures: Provided further, That not to
exceed $370,000 of the funds made available for ``National
Priority Safety Programs'' under section 405 of title 23,
United States Code, for ``Impaired Driving Countermeasures''
(as described in subsection (d) of that section) shall be
available for technical assistance to the States: Provided
further, That with respect to the ``Transfers'' provision
under section 405(a)(8) of title 23, United States Code, any
amounts transferred to increase the amounts made available
under section 402 shall include the obligation authority for
such amounts: Provided further, That the Administrator shall
notify the House and Senate Committees on Appropriations of
any exercise of the authority granted under the preceding
proviso or under section 405(a)(8) of title 23, United States
Code, within 5 days.
[[Page S5002]]
administrative provisions--national highway traffic safety
administration
Sec. 140. An additional $96,000 shall be made available to
the National Highway Traffic Safety Administration, out of
the amount limited for section 402 of title 23, United States
Code, to pay for travel and related expenses for State
management reviews and to pay for core competency development
training and related expenses for highway safety staff.
Sec. 141. The limitations on obligations for the programs
of the National Highway Traffic Safety Administration set in
this Act shall not apply to obligations for which obligation
authority was made available in previous public laws but only
to the extent that the obligation authority has not lapsed or
been used.
Sec. 142. None of the funds in this Act or any other Act
shall be used to enforce the requirements of section
405(a)(9) of title 23, United States Code.
Federal Railroad Administration
safety and operations
For necessary expenses of the Federal Railroad
Administration, not otherwise provided for, $198,242,000, of
which $18,507,000 shall remain available until expended.
railroad research and development
For necessary expenses for railroad research and
development, $43,676,000, to remain available until expended:
Provided, That of the amounts provided under this heading,
up to $2,221,000 shall be available pursuant to section
20108(d) of title 49, United States Code, for the
construction, alteration, and repair of buildings and
improvements at the Transportation Technology Center.
federal-state partnership for intercity passenger rail
For necessary expenses related to Federal-State Partnership
for Intercity Passenger Rail grants as authorized by section
24911 of title 49, United States Code, $74,027,000, to remain
available until expended: Provided, That the Secretary may
withhold up to 2 percent of the amounts made available under
this heading in this Act for the costs of award and project
management oversight of grants carried out under title 49,
United States Code.
consolidated rail infrastructure and safety improvements
(including transfer of funds)
For necessary expenses related to Consolidated Rail
Infrastructure and Safety Improvements grants, as authorized
by section 22907 of title 49, United States Code,
$424,069,000, to remain available until expended: Provided,
That of the amounts made available under this heading in this
Act--
(1) $53,936,000 shall be made available for the purposes,
and in amounts, specified for Congressionally Directed
Spending in the table entitled ``Congressionally Directed
Spending'' included in the report accompanying this Act:
Provided further, That requirements under subsections (g) and
(l) of section 22907 of title 49, United States Code, shall
not apply to the preceding proviso: Provided further, That
any remaining funds available after the distribution of the
Congressionally Directed Spending described in this paragraph
shall be available to the Secretary to distribute as
discretionary grants under this heading; and
(2) not less than $3,701,000 shall be available for
workforce development and training activities as authorized
under section 22907(c)(13) of title 49, United States Code:
Provided further, That for amounts made available under
this heading in this Act, eligible projects under section
22907(c)(8) of title 49, United States Code, shall also
include railroad systems planning (including the preparation
of regional intercity passenger rail plans and State Rail
Plans) and railroad project development activities (including
railroad project planning, preliminary engineering, design,
environmental analysis, feasibility studies, and the
development and analysis of project alternatives): Provided
further, That section 22905(f) of title 49, United States
Code, shall not apply to amounts made available under this
heading in this Act for projects that implement or sustain
positive train control systems otherwise eligible under
section 22907(c)(1) of title 49, United States Code:
Provided further, That amounts made available under this
heading in this Act for projects selected for commuter rail
passenger transportation may be transferred by the Secretary,
after selection, to the appropriate agencies to be
administered in accordance with chapter 53 of title 49,
United States Code: Provided further, That for amounts made
available under this heading in this Act, eligible recipients
under section 22907(b)(7) of title 49, United States Code,
shall include any holding company of a Class II railroad or
Class III railroad (as those terms are defined in section
20102 of title 49, United States Code): Provided further,
That section 22907(e)(1)(A) of title 49, United States Code,
shall not apply to amounts made available under this heading
in this Act: Provided further, That section 22907(e)(1)(A)
of title 49, United States Code, shall not apply to amounts
made available under this heading in previous fiscal years if
such funds are announced in a notice of funding opportunity
that includes funds made available under this heading in this
Act: Provided further, That the preceding proviso shall not
apply to funds made available under this heading in the
Infrastructure Investment and Jobs Act (division J of Public
Law 117-58): Provided further, That unobligated balances
remaining after 6 years from the date of enactment of this
Act may be used for any eligible project under section
22907(c) of title 49, United States Code: Provided further,
That the Secretary may withhold up to 2 percent of the
amounts made available under this heading in this Act for the
costs of award and project management oversight of grants
carried out under title 49, United States Code.
northeast corridor grants to the national railroad passenger
corporation
To enable the Secretary of Transportation to make grants to
the National Railroad Passenger Corporation for activities
associated with the Northeast Corridor as authorized by
section 22101(a) of the Infrastructure Investment and Jobs
Act (Public Law 117-58), $844,970,000, to remain available
until expended: Provided, That the Secretary may retain up
to one-half of 1 percent of the amounts made available under
both this heading in this Act and the ``National Network
Grants to the National Railroad Passenger Corporation''
heading in this Act to fund the costs of project management
and oversight of activities authorized by section 22101(c) of
the Infrastructure Investment and Jobs Act (Public Law 117-
58): Provided further, That in addition to the project
management oversight funds authorized under section 22101(c)
of the Infrastructure Investment and Jobs Act (Public Law
117-58), the Secretary may retain up to an additional
$3,701,000 of the amounts made available under this heading
in this Act to fund expenses associated with the Northeast
Corridor Commission established under section 24905 of title
49, United States Code.
national network grants to the national railroad passenger corporation
To enable the Secretary of Transportation to make grants to
the National Railroad Passenger Corporation for activities
associated with the National Network as authorized by section
22101(b) of the Infrastructure Investment and Jobs Act
(division B of Public Law 117-58), $971,993,000, to remain
available until expended: Provided, That the Secretary may
retain up to an additional $2,221,000 of the funds provided
under this heading in this Act to fund expenses associated
with the State-Supported Route Committee established under
section 24712 of title 49, United States Code: Provided
further, That none of the funds provided under this heading
in this Act shall be used by Amtrak to give notice under
subsection (a) or (c) of section 24706 of title 49, United
States Code, with respect to long-distance routes (as defined
in section 24102 of title 49, United States Code) on which
Amtrak is the sole operator on a host railroad's line and a
positive train control system is not required by law or
regulation, or, except in an emergency or during maintenance
or construction outages impacting such routes, to otherwise
discontinue, reduce the frequency of, suspend, or
substantially alter the route of rail service on any portion
of such route operated in fiscal year 2018, including
implementation of service permitted by section 24305(a)(3)(A)
of title 49, United States Code, in lieu of rail service:
Provided further, That the National Railroad Passenger
Corporation may use up to $48,858,000 of the amounts made
available under this heading in this Act for corridor
development activities as authorized by section 22101(h) of
division B of Public Law 117-58.
administrative provisions--federal railroad administration
(including rescissions)
(including transfer of funds)
Sec. 150. None of the funds made available by this Act may
be used by the National Railroad Passenger Corporation in
contravention of the Worker Adjustment and Retraining
Notification Act (29 U.S.C. 2101 et seq.).
Sec. 151. The amounts made available to the Secretary or
to the Federal Railroad Administration for the costs of
award, administration, and project management oversight of
financial assistance which are administered by the Federal
Railroad Administration, in this and prior Acts, may be
transferred to the Federal Railroad Administration's
``Financial Assistance Oversight and Technical Assistance''
account for the necessary expenses to support the award,
administration, project management oversight, and technical
assistance of financial assistance administered by the
Federal Railroad Administration, in the same manner as
appropriated for in this and prior Acts: Provided, That this
section shall not apply to amounts that were previously
designated by the Congress as an emergency requirement
pursuant to a concurrent resolution on the budget or the
Balanced Budget and Emergency Deficit Control Act of 1985.
Sec. 152. Of the unobligated balances of funds remaining
from--
(1) ``Northeast Corridor Improvement Program'' account
totaling $126,348 appropriated by Public Law 114-113 is
hereby permanently rescinded;
(2) ``Railroad Safety Grants'' account totaling $81,257.66
appropriated by Public Law 113-235 is hereby permanently
rescinded;
(3) ``Capital Assistance for High Speed Rail Corridors and
Intercity Passenger Rail Service'' account totaling
$53,118,096.83 appropriated by Public Law 111-117 is hereby
permanently rescinded;
(4) ``Next Generation High-Speed Rail'' account totaling
$94.94 appropriated by Public Law 108-447 is hereby
permanently rescinded; and
[[Page S5003]]
(5) ``Grants to the National Railroad Passenger
Corporation'' account totaling $678.16 appropriated by Public
Law 108-447.
Sec. 153. None of the funds made available to the National
Railroad Passenger Corporation may be used to fund any
overtime costs in excess of $26,000 for any individual
employee: Provided, That the President of Amtrak may waive
the cap set in the preceding proviso for specific employees
when the President of Amtrak determines such a cap poses a
risk to the safety and operational efficiency of the system:
Provided further, That the President of Amtrak shall report
to the House and Senate Committees on Appropriations no later
than 60 days after the date of enactment of this Act, a
summary of all overtime payments incurred by Amtrak for 2023
and the 3 prior calendar years: Provided further, That such
summary shall include the total number of employees that
received waivers and the total overtime payments Amtrak paid
to employees receiving waivers for each month for 2023 and
for the 3 prior calendar years.
Sec. 154. It is the sense of Congress that--
(1) long-distance passenger rail routes provide much-needed
transportation access for 4,700,000 riders in 325 communities
in 40 States and are particularly important in rural areas;
and
(2) long-distance passenger rail routes and services should
be sustained to ensure connectivity throughout the National
Network (as defined in section 24102 of title 49, United
States Code).
Federal Transit Administration
transit formula grants
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in the Federal Public
Transportation Assistance Program in this account, and for
payment of obligations incurred in carrying out the
provisions of 49 U.S.C. 5305, 5307, 5310, 5311, 5312, 5314,
5318, 5329(e)(6), 5334, 5335, 5337, 5339, and 5340, section
20005(b) of Public Law 112-141, and section 3006(b) of Public
Law 114-94, $10,356,316,000, to be derived from the Mass
Transit Account of the Highway Trust Fund and to remain
available until expended: Provided, That funds available for
the implementation or execution of programs authorized under
49 U.S.C. 5305, 5307, 5310, 5311, 5312, 5314, 5318,
5329(e)(6), 5334, 5335, 5337, 5339, and 5340, section
20005(b) of Public Law 112-141, and section 3006(b) of Public
Law 114-94, shall not exceed total obligations of
$10,356,316,000 in fiscal year 2024.
transit infrastructure grants
For an additional amount for buses and bus facilities
grants under section 5339(b) of title 49, United States Code,
low or no emission grants under section 5339(c) of such
title, ferry boats grants under section 5307(h) of such
title, bus testing facilities under section 5318 of such
title, accelerating innovative mobility initiative grants
under section 5312 of such title, accelerating the adoption
of zero emission buses under section 5312 of such title,
Congressionally Directed Spending for projects and activities
eligible under chapter 53 of such title, and ferry service
for rural communities under section 71103 of division G of
Public Law 117-58, $198,584,000, to remain available until
expended: Provided, That of the sums provided under this
heading in this Act--
(1) $59,221,000 shall be available for buses and bus
facilities competitive grants as authorized under section
5339(b) of such title;
(2) $34,052,000 shall be available for the low or no
emission grants as authorized under section 5339(c) of such
title: Provided, That the minimum grant award shall be not
less than $555,000;
(3) $14,805,000 shall be available for ferry boat grants as
authorized under section 5307(h) of such title: Provided,
That of the amounts provided under this paragraph, no less
than $3,701,000 shall be available for low or zero emission
ferries or ferries using electric battery or fuel cell
components and the infrastructure to support such ferries;
(4) $1,481,000 shall be available for the operation and
maintenance of the bus testing facilities selected under
section 5318 of such title;
(5) $60,885,000 shall be available for the purposes, and in
amounts, specified for Congressionally Directed Spending in
the table entitled ``Congressionally Directed Spending''
included in the report accompanying this Act: Provided, That
unless otherwise specified, applicable requirements under
chapter 53 of title 49, United States Code, shall apply to
amounts made available in this paragraph, except that the
Federal share of the costs for a project in this paragraph
shall be in an amount equal to 80 percent of the net costs of
the project, unless the Secretary approves a higher maximum
Federal share of the net costs of the project consistent with
administration of similar projects funded under chapter 53 of
title 49, United States Code;
(6) $17,036,000 shall be available for ferry service for
rural communities under section 71103 of division G of Public
Law 117-58: Provided, That for amounts made available in
this paragraph, notwithstanding section 71103(a)(2)(B),
eligible service shall include passenger ferry service that
serves at least two rural areas with a single segment over 15
miles between the two rural areas and is not otherwise
eligible under section 5307(h) of title 49, United States
Code: Provided further, That entities that provide eligible
service pursuant to the preceding proviso may use amounts
made available in this paragraph for public transportation
capital projects to support any ferry service between two
rural areas: Provided further, That entities eligible for
amounts made available in this paragraph shall only provide
ferry service to rural areas;
(7) $7,403,000 shall be for the accelerating innovative
mobility initiative as authorized under section 5312 of title
49, United States Code: Provided, That such amounts shall be
available for competitive grants or demonstration projects
that improve mobility and operational effectiveness, enhance
the rider experience, create innovative service delivery
models, or develop integrated payment solutions in order to
help disseminate proven innovation mobility practices
throughout the public transportation industry; and
(8) $3,701,000 shall be available to support technical
assistance, research, demonstration, or deployment activities
or projects to accelerate the adoption of zero emission buses
in public transit as authorized under section 5312 of title
49, United States Code:
Provided further, That amounts made available under this
heading in this Act shall be derived from the general fund:
Provided further, That amounts made available under this
heading in this Act shall not be subject to any limitation on
obligations for transit programs set forth in this or any
other Act.
technical assistance and training
For necessary expenses to carry out section 5314 of title
49, United States Code, $5,552,000, to remain available until
September 30, 2025: Provided, That the assistance provided
under this heading does not duplicate the activities of
section 5311(b) or section 5312 of title 49, United States
Code: Provided further, That amounts made available under
this heading are in addition to any other amounts made
available for such purposes: Provided further, That amounts
made available under this heading shall not be subject to any
limitation on obligations set forth in this or any other Act.
capital investment grants
For necessary expenses to carry out fixed guideway capital
investment grants under section 5309 of title 49, United
States Code, and section 3005(b) of the Fixing America's
Surface Transportation Act (Public Law 114-94),
$2,450,000,000, to remain available until expended:
Provided, That of the sums appropriated under this heading in
this Act--
(1) $1,413,907,000 shall be available for projects
authorized under section 5309(d) of title 49, United States
Code;
(2) up to $74,027,000 shall be available for projects
authorized under section 5309(e) of title 49, United States
Code;
(3) $251,690,000 shall be available for projects authorized
under section 5309(h) of title 49, United States Code; and
(4) up to $74,027,000 shall be available for projects
authorized under section 3005(b) of the Fixing America's
Surface Transportation Act:
Provided further, That the Secretary shall continue to
administer the capital investment grants program in
accordance with the procedural and substantive requirements
of section 5309 of title 49, United States Code, and of
section 3005(b) of the Fixing America's Surface
Transportation Act: Provided further, That projects that
receive a grant agreement under the Expedited Project
Delivery for Capital Investment Grants Pilot Program under
section 3005(b) of the Fixing America's Surface
Transportation Act shall be deemed eligible for funding
provided for projects under section 5309 of title 49, United
States Code, without further evaluation or rating under such
section: Provided further, That such funding shall not
exceed the Federal share under section 3005(b): Provided
further, That funds allocated to any project during fiscal
years 2015, 2016, or 2017 pursuant to section 5309 of title
49, United States Code, shall remain allocated to that
project through fiscal year 2024: Provided further, That
upon submission to the Congress of the fiscal year 2025
President's budget, the Secretary of Transportation shall
transmit to Congress the annual report on capital investment
grants, including proposed allocations for fiscal year 2025.
grants to the washington metropolitan area transit authority
For grants to the Washington Metropolitan Area Transit
Authority as authorized under section 601 of division B of
the Passenger Rail Investment and Improvement Act of 2008
(Public Law 110-432), $111,040,000, to remain available until
expended: Provided, That the Secretary of Transportation
shall approve grants for capital and preventive maintenance
expenditures for the Washington Metropolitan Area Transit
Authority only after receiving and reviewing a request for
each specific project: Provided further, That the Secretary
shall determine that the Washington Metropolitan Area Transit
Authority has placed the highest priority on those
investments that will improve the safety of the system before
approving such grants.
administrative provisions--federal transit administration
(including rescission)
(including transfer of funds)
Sec. 160. The limitations on obligations for the programs
of the Federal Transit Administration shall not apply to any
authority under 49 U.S.C. 5338, previously made available for
obligation, or to any other authority previously made
available for obligation.
Sec. 161. Notwithstanding any other provision of law,
funds appropriated or limited by
[[Page S5004]]
this Act under the heading ``Capital Investment Grants'' of
the Federal Transit Administration for projects specified in
this Act not obligated by September 30, 2027, and other
recoveries, shall be directed to projects eligible to use the
funds for the purposes for which they were originally
provided.
Sec. 162. Notwithstanding any other provision of law, any
funds appropriated before October 1, 2023, under any section
of chapter 53 of title 49, United States Code, that remain
available for expenditure, may be transferred to and
administered under the most recent appropriation heading for
any such section.
Sec. 163. None of the funds made available by this Act or
any other Act shall be used to adjust apportionments or
withhold funds from apportionments pursuant to section
9503(e)(4) of the Internal Revenue Code of 1986 (26 U.S.C.
9503(e)(4)).
Sec. 164. None of the funds made available by this Act or
any other Act shall be used to impede or hinder project
advancement or approval for any project seeking a Federal
contribution from the capital investment grants program of
greater than 40 percent of project costs as authorized under
section 5309 of title 49, United States Code.
Sec. 165. Of the unobligated balances made available
before October 1, 2013 for ``Transit Research'' in Treasury
Account 69-X-1137, $581,046 is hereby permanently rescinded.
Sec. 166. (a) Of the unobligated balances made available
for the ``Clean Fuels Grant Program'' under section 5308 of
title 49, United States Code, $2,968,000 shall be transferred
to and administered under section 5339(c) of title 49, United
States Code.
(b) Of the unobligated balances made available for the
``Rural Transportation Accessibility Incentive Program''
under section 3038 of Public Law 105-178, $3,015,000 shall be
transferred to and administered under section 5311 of title
49, United States Code.
(c) Of the unobligated balances made available for the
``Alternatives Analysis Program'' under section 5339 of title
49, United States Code, $1,462,000 shall be transferred to
and administered under section 5305 of title 49, United
States Code.
(d) Of the unobligated balances made available for
``Alternative Transportation in Parks and Public Lands''
under section 5320 of title 49, United States Code,
$1,590,000 shall be transferred to and administered under
section 5311 of title 49, United States Code.
(e) Of the unobligated balances made available for ``Job
Access and Reverse Commute Formula Grants'' under section
5316 of title 49, United States Code, $33,451,000 shall be
available for competitive grants to eligible entities to
assist areas of persistent poverty as defined under section
6702(a)(1) of title 49, United States Code, or historically
disadvantaged communities, for the same purposes for which
amounts were provided for grants to areas of persistent
poverty under the heading ``Federal Transit Administration--
Transit Infrastructure Grants'' in the Consolidated
Appropriations Act, 2022 (Public Law 117-103).
(f) Of the unobligated balances made available for ``New
Freedom'' under section 5317 of title 49, United States Code,
$30,008,000 shall be transferred and administered under
section 5310 of title 49, United States Code.
(g) Of the unobligated balances made available for ``Bus
Capital'' under section 5039 if title 49, United States Code,
$60,601,000 shall be transferred and administered under
section 5339 of title 49, United States Code.
Sec. 167. (a) Funds obligated in fiscal year 2024 for
grants under sections 5310 and 5311 of title 49, United
States Code, may be used for up to 100 percent of the
eligible net costs of a project, notwithstanding subsection
(d) of section 5310 and subsection (g) of section 5311 of
such title.
(b) Notwithstanding section 5339(b)(6)(B) of title 49,
United States Code, the Federal share of the costs for which
an amount is provided in this Act to a federally recognized
Indian Tribe for activities carried out under section 5339(b)
of title 49, United States Code, may be, at the option of
such Indian Tribe, up to 100 percent.
(c) Notwithstanding section 5339(c)(7)(A) of title 49,
United States Code, the Federal share of the costs for which
an amount is provided in this Act to a federally recognized
Indian Tribe for activities carried out under section 5339(c)
of title 49, United States Code, may be, at the option of
such Indian Tribe, up to 100 percent.
Sec. 168. Section 5323 of title 49, United States Code, is
amended in subsection (q)--
(1) in the matter preceding paragraph (1), by striking
``Corridor Preservation'' and inserting ``Real Property
Interests'';
(2) in paragraph (1)--
(A) by striking ``right-of-way'' each time it appears and
inserting ``real property interests''; and
(B) by inserting ``acquired'' after ``may use the''; and
(3) in paragraph (2), by striking ``Right-of-way'' and
inserting ``Real property interests''.
Great Lakes St. Lawrence Seaway Development Corporation
The Great Lakes St. Lawrence Seaway Development Corporation
is hereby authorized to make such expenditures, within the
limits of funds and borrowing authority available to the
Corporation, and in accord with law, and to make such
contracts and commitments without regard to fiscal year
limitations, as provided by section 9104 of title 31, United
States Code, as may be necessary in carrying out the programs
set forth in the Corporation's budget for the current fiscal
year.
operations and maintenance
(harbor maintenance trust fund)
For necessary expenses to conduct the operations,
maintenance, and capital infrastructure activities on
portions of the St. Lawrence Seaway owned, operated, and
maintained by the Great Lakes St. Lawrence Seaway Development
Corporation, $29,824,000, to be derived from the Harbor
Maintenance Trust Fund, pursuant to section 210 of the Water
Resources Development Act of 1986 (33 U.S.C. 2238):
Provided, That of the amounts made available under this
heading, not less than $12,066,000 shall be for the seaway
infrastructure program.
Maritime Administration
maritime security program
For necessary expenses to maintain and preserve a U.S.-flag
merchant fleet as authorized under chapter 531 of title 46,
United States Code, to serve the national security needs of
the United States, $235,404,000, to remain available until
expended.
cable security fleet
For the cable security fleet program, as authorized under
chapter 532 of title 46, United States Code, $7,403,000, to
remain available until expended.
tanker security program
For Tanker Security Fleet payments, as authorized under
section 53406 of title 46, United States Code, $88,832,000,
to remain available until expended.
operations and training
For necessary expenses of operations and training
activities authorized by law, $209,899,000: Provided, That
of the sums appropriated under this heading--
(1) $76,617,000 shall remain available until September 30,
2025, for the operations of the United States Merchant Marine
Academy;
(2) $16,286,000 shall remain available until expended for
facilities maintenance and repair, and equipment, at the
United States Merchant Marine Academy;
(3) $51,819,000 shall remain available until expended for
capital improvements at the United States Merchant Marine
Academy;
(4) $5,552,000 shall remain available until September 30,
2025, for the Maritime Environmental and Technical Assistance
program authorized under section 50307 of title 46, United
States Code; and
(5) $7,403,000 shall remain available until expended, for
the United States Marine Highway Program to make grants for
the purposes authorized under section 55601 of title 46,
United States Code:
Provided further, That the Administrator of the Maritime
Administration shall transmit to the House and Senate
Committees on Appropriations the annual report on sexual
assault and sexual harassment at the United States Merchant
Marine Academy as required pursuant to section 3510 of the
National Defense Authorization Act for fiscal year 2017 (46
U.S.C. 51318): Provided further, That available balances
under this heading for the Short Sea Transportation Program
or America's Marine Highway Program (now known as the United
States Marine Highway Program) from prior year recoveries
shall be available to carry out activities authorized under
section 55601 of title 46, United States Code.
state maritime academy operations
For necessary expenses of operations, support, and training
activities for State Maritime Academies, $96,975,000:
Provided, That of the sums appropriated under this heading--
(1) $16,286,000 shall remain available until expended for
maintenance, repair, and life extension of training ships at
the State Maritime Academies;
(2) $67,956,000 shall remain available until expended for
the National Security Multi-Mission Vessel Program, including
funds for construction, planning, administration, and design
of school ships and, as determined by the Secretary,
necessary expenses to design, plan, construct infrastructure,
and purchase equipment necessary to berth such ships, of
which up to $6,588,000 may be used for expenses related to
the oversight and management of school ships to include the
purchase of equipment and the repair and maintenance of
training vessels: Provided, That such funds may be used to
reimburse State Maritime Academies for costs incurred prior
to the date of enactment of this Act;
(3) $1,777,000 shall remain available until September 30,
2028, for the Student Incentive Program;
(4) $6,514,000 shall remain available until expended for
training ship fuel assistance; and
(5) $4,442,000 shall remain available until September 30,
2025, for direct payments for State Maritime Academies.
assistance to small shipyards
To make grants to qualified shipyards as authorized under
section 54101 of title 46, United States Code, $14,805,000,
to remain available until expended.
ship disposal
For necessary expenses related to the disposal of obsolete
vessels in the National Defense Reserve Fleet of the Maritime
Administration, $4,457,000, to remain available until
expended.
maritime guaranteed loan (title xi) program account
(including transfer of funds)
For the cost of guaranteed loans, $76,262,000, of which
$74,027,000 shall remain
[[Page S5005]]
available until expended: Provided, That such costs,
including the costs of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of
1974, as amended: Provided further, That not to exceed
$2,236,000 shall be for administrative expenses to carry out
the guaranteed loan program, which shall be transferred to
and merged with the appropriations for ``Maritime
Administration--Operations and Training''.
port infrastructure development program
To make grants to improve port facilities as authorized
under section 54301 of title 46, United States Code,
$157,677,000, to remain available until expended: Provided,
That projects eligible for amounts made available under this
heading in this Act shall be projects for coastal seaports,
inland river ports, or Great Lakes ports: Provided further,
That of the amounts made available under this heading in this
Act, not less than $139,170,000 shall be for coastal seaports
or Great Lakes ports: Provided further, That the
requirements under section 3501(a)(9) of the National Defense
Authorization Act for Fiscal Year 2023 (Public Law 117-263)
shall apply to amounts made available under this heading in
this Act: Provided further, That for grants awarded under
this heading in this Act, the minimum grant size shall be
$740,000: Provided further, That for amounts made available
under this heading in this Act, the requirement under section
54301(a)(6)(A)(ii) of title 46, United States Code, shall not
apply to projects located in noncontiguous States or
territories.
administrative provision--maritime administration
Sec. 170. Notwithstanding any other provision of this Act,
in addition to any existing authority, the Maritime
Administration is authorized to furnish utilities and
services and make necessary repairs in connection with any
lease, contract, or occupancy involving Government property
under control of the Maritime Administration: Provided, That
payments received therefor shall be credited to the
appropriation charged with the cost thereof and shall remain
available until expended: Provided further, That rental
payments under any such lease, contract, or occupancy for
items other than such utilities, services, or repairs shall
be deposited into the Treasury as miscellaneous receipts.
Pipeline and Hazardous Materials Safety Administration
operational expenses
For necessary operational expenses of the Pipeline and
Hazardous Materials Safety Administration, $23,452,000, of
which $3,331,000 shall remain available until September 30,
2026.
hazardous materials safety
For expenses necessary to discharge the hazardous materials
safety functions of the Pipeline and Hazardous Materials
Safety Administration, $55,191,000, of which $8,935,000 shall
remain available until September 30, 2026, of which $740,000
shall be made available for carrying out section 5107(i) of
title 49, United States Code: Provided, That up to $592,000
in fees collected under section 5108(g) of title 49, United
States Code, shall be deposited in the general fund of the
Treasury as offsetting receipts: Provided further, That
there may be credited to this appropriation, to be available
until expended, funds received from States, counties,
municipalities, other public authorities, and private sources
for expenses incurred for training, for reports publication
and dissemination, and for travel expenses incurred in
performance of hazardous materials exemptions and approvals
functions.
pipeline safety
(pipeline safety fund)
(oil spill liability trust fund)
For expenses necessary to carry out a pipeline safety
program, as authorized by section 60107 of title 49, United
States Code, and to discharge the pipeline program
responsibilities of the Oil Pollution Act of 1990 (Public Law
101-380), $167,469,000, to remain available until September
30, 2026, of which $22,208,000 shall be derived from the Oil
Spill Liability Trust Fund; of which $139,783,000 shall be
derived from the Pipeline Safety Fund; of which $296,000
shall be derived from the fees collected under section 60303
of title 49, United States Code, and deposited in the
Liquefied Natural Gas Siting Account for compliance reviews
of liquefied natural gas facilities; and of which $5,182,000
shall be derived from fees collected under section 60302 of
title 49, United States Code, and deposited in the
Underground Natural Gas Storage Facility Safety Account for
the purpose of carrying out section 60141 of title 49, United
States Code: Provided, That not less than $783,000 of the
amounts made available under this heading shall be for the
One-Call State grant program: Provided further, That any
amounts made available under this heading in this Act or in
prior Acts for research contracts, grants, cooperative
agreements or research other transactions agreements
(``OTAs'') shall require written notification to the House
and Senate Committees on Appropriations not less than 3 full
business days before such research contracts, grants,
cooperative agreements, or research OTAs are announced by the
Department of Transportation: Provided further, That the
Secretary shall transmit to the House and Senate Committees
on Appropriations the report on pipeline safety testing
enhancement as required pursuant to section 105 of the
Protecting our Infrastructure of Pipelines and Enhancing
Safety Act of 2020 (division R of Public Law 116-260):
Provided further, That the Secretary may obligate amounts
made available under this heading to engineer, erect, alter,
and repair buildings or make any other public improvements
for research facilities at the Transportation Technology
Center after the Secretary submits an updated research plan
and the report in the preceding proviso to the House and
Senate Committees on Appropriations and after such plan and
report in the preceding proviso are approved by the House and
Senate Committees on Appropriations.
emergency preparedness grants
(limitation on obligations)
(emergency preparedness fund)
For expenses necessary to carry out the Emergency
Preparedness Grants program, not more than $34,663,000 shall
remain available until September 30, 2026, from amounts made
available by section 5116(h) and subsections (b) and (c) of
section 5128 of title 49, United States Code: Provided, That
notwithstanding section 5116(h)(4) of title 49, United States
Code, not more than 4 percent of the amounts made available
from this account shall be available to pay the
administrative costs of carrying out sections 5116, 5107(e),
and 5108(g)(2) of title 49, United States Code: Provided
further, That notwithstanding subsections (b) and (c) of
section 5128 of title 49, United States Code, and the
limitation on obligations provided under this heading, prior
year recoveries recognized in the current year shall be
available to develop and deliver hazardous materials
emergency response training for emergency responders,
including response activities for the transportation of crude
oil, ethanol, flammable liquids, and other hazardous
commodities by rail, consistent with National Fire Protection
Association standards, and to make such training available
through an electronic format: Provided further, That the
prior year recoveries made available under this heading shall
also be available to carry out sections 5116(a)(1)(C),
5116(h), 5116(i), 5116(j), and 5107(e) of title 49, United
States Code.
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of Inspector General
to carry out the provisions of the Inspector General Act of
1978, as amended, $86,205,000: Provided, That the Inspector
General shall have all necessary authority, in carrying out
the duties specified in the Inspector General Act, as amended
(5 U.S.C. App.), to investigate allegations of fraud,
including false statements to the government (18 U.S.C.
1001), by any person or entity that is subject to regulation
by the Department of Transportation.
General Provisions--Department of Transportation
Sec. 180. (a) During the current fiscal year, applicable
appropriations to the Department of Transportation shall be
available for maintenance and operation of aircraft; hire of
passenger motor vehicles and aircraft; purchase of liability
insurance for motor vehicles operating in foreign countries
on official department business; and uniforms or allowances
therefor, as authorized by sections 5901 and 5902 of title 5,
United States Code.
(b) During the current fiscal year, applicable
appropriations to the Department and its operating
administrations shall be available for the purchase,
maintenance, operation, and deployment of unmanned aircraft
systems that advance the missions of the Department of
Transportation or an operating administration of the
Department of Transportation.
(c) Any unmanned aircraft system purchased, procured, or
contracted for by the Department prior to the date of
enactment of this Act shall be deemed authorized by Congress
as if this provision was in effect when the system was
purchased, procured, or contracted for.
Sec. 181. Appropriations contained in this Act for the
Department of Transportation shall be available for services
as authorized by section 3109 of title 5, United States Code,
but at rates for individuals not to exceed the per diem rate
equivalent to the rate for an Executive Level IV.
Sec. 182. (a) No recipient of amounts made available by
this Act shall disseminate personal information (as defined
in section 2725(3) of title 18, United States Code) obtained
by a State department of motor vehicles in connection with a
motor vehicle record as defined in section 2725(1) of title
18, United States Code, except as provided in section 2721 of
title 18, United States Code, for a use permitted under
section 2721 of title 18, United States Code.
(b) Notwithstanding subsection (a), the Secretary shall not
withhold amounts made available by this Act for any grantee
if a State is in noncompliance with this provision.
Sec. 183. None of the funds made available by this Act
shall be available for salaries and expenses of more than 125
political and Presidential appointees in the Department of
Transportation: Provided, That none of the personnel covered
by this provision may be assigned on temporary detail outside
the Department of Transportation.
Sec. 184. Funds received by the Federal Highway
Administration and Federal Railroad Administration from
States, counties, municipalities, other public authorities,
and private sources for expenses incurred for
[[Page S5006]]
training may be credited respectively to the Federal Highway
Administration's ``Federal-Aid Highways'' account and to the
Federal Railroad Administration's ``Safety and Operations''
account, except for State rail safety inspectors
participating in training pursuant to section 20105 of title
49, United States Code.
Sec. 185. None of the funds made available by this Act or
in title VIII of division J of Public Law 117-58 to the
Department of Transportation may be used to make a loan, loan
guarantee, line of credit, letter of intent, federally funded
cooperative agreement, full funding grant agreement, or
discretionary grant unless the Secretary of Transportation
notifies the House and Senate Committees on Appropriations
not less than 3 full business days before any project
competitively selected to receive any discretionary grant
award, letter of intent, loan commitment, loan guarantee
commitment, line of credit commitment, federally funded
cooperative agreement, or full funding grant agreement is
announced by the Department or its operating administrations:
Provided, That the Secretary of Transportation shall provide
the House and Senate Committees on Appropriations with a
comprehensive list of all such loans, loan guarantees, lines
of credit, letters of intent, federally funded cooperative
agreements, full funding grant agreements, and discretionary
grants prior to the notification required under the preceding
proviso: Provided further, That the Secretary gives
concurrent notification to the House and Senate Committees on
Appropriations for any ``quick release'' of funds from the
emergency relief program: Provided further, That no
notification shall involve funds that are not available for
obligation.
Sec. 186. Rebates, refunds, incentive payments, minor
fees, and other funds received by the Department of
Transportation from travel management centers, charge card
programs, the subleasing of building space, and miscellaneous
sources are to be credited to appropriations of the
Department of Transportation and allocated to organizational
units of the Department of Transportation using fair and
equitable criteria and such funds shall be available until
expended.
Sec. 187. Notwithstanding any other provision of law, if
any funds provided by or limited by this Act are subject to a
reprogramming action that requires notice to be provided to
the House and Senate Committees on Appropriations,
transmission of such reprogramming notice shall be provided
solely to the House and Senate Committees on Appropriations,
and such reprogramming action shall be approved or denied
solely by the House and Senate Committees on Appropriations:
Provided, That the Secretary of Transportation may provide
notice to other congressional committees of the action of the
House and Senate Committees on Appropriations on such
reprogramming but not sooner than 30 days after the date on
which the reprogramming action has been approved or denied by
the House and Senate Committees on Appropriations.
Sec. 188. Funds appropriated by this Act to the operating
administrations may be obligated for the Office of the
Secretary for the costs related to assessments or
reimbursable agreements only when such amounts are for the
costs of goods and services that are purchased to provide a
direct benefit to the applicable operating administration or
administrations.
Sec. 189. The Secretary of Transportation is authorized to
carry out a program that establishes uniform standards for
developing and supporting agency transit pass and transit
benefits authorized under section 7905 of title 5, United
States Code, including distribution of transit benefits by
various paper and electronic media.
Sec. 190. The Department of Transportation may use funds
provided by this Act, or any other Act, to assist a contract
under title 49 or 23 of the United States Code utilizing
geographic, economic, or any other hiring preference not
otherwise authorized by law, or to amend a rule, regulation,
policy or other measure that forbids a recipient of a Federal
Highway Administration or Federal Transit Administration
grant from imposing such hiring preference on a contract or
construction project with which the Department of
Transportation is assisting, only if the grant recipient
certifies the following:
(1) that except with respect to apprentices or trainees, a
pool of readily available but unemployed individuals
possessing the knowledge, skill, and ability to perform the
work that the contract requires resides in the jurisdiction;
(2) that the grant recipient will include appropriate
provisions in its bid document ensuring that the contractor
does not displace any of its existing employees in order to
satisfy such hiring preference; and
(3) that any increase in the cost of labor, training, or
delays resulting from the use of such hiring preference does
not delay or displace any transportation project in the
applicable Statewide Transportation Improvement Program or
Transportation Improvement Program.
Sec. 191. The Secretary of Transportation shall coordinate
with the Secretary of Homeland Security to ensure that best
practices for Industrial Control Systems Procurement are up-
to-date and shall ensure that systems procured with funds
provided under this title were procured using such practices.
This title may be cited as the ``Department of
Transportation Appropriations Act, 2024''.
TITLE II
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Management and Administration
executive offices
For necessary salaries and expenses for Executive Offices,
which shall be comprised of the offices of the Secretary,
Deputy Secretary, Adjudicatory Services, Congressional and
Intergovernmental Relations, Public Affairs, Small and
Disadvantaged Business Utilization, and the Center for Faith-
Based and Neighborhood Partnerships, $14,361,000, to remain
available until September 30, 2025: Provided, That not to
exceed $19,000 of the amount made available under this
heading shall be available to the Secretary of Housing and
Urban Development (referred to in this title as ``the
Secretary'') for official reception and representation
expenses as the Secretary may determine.
administrative support offices
For necessary salaries and expenses for Administrative
Support Offices, $516,853,000, to remain available until
September 30, 2025: Provided, That of the sums appropriated
under this heading--
(1) $70,473,000 shall be available for the Office of the
Chief Financial Officer;
(2) $94,310,000 shall be available for the Office of the
General Counsel, of which not less than $16,064,000 shall be
for the Departmental Enforcement Center;
(3) $178,996,000 shall be available for the Office of
Administration;
(4) $41,307,000 shall be available for the Office of the
Chief Human Capital Officer;
(5) $23,985,000 shall be available for the Office of the
Chief Procurement Officer;
(6) $50,560,000 shall be available for the Office of Field
Policy and Management;
(7) $3,627,000 shall be available for the Office of
Departmental Equal Employment Opportunity; and
(8) $53,595,000 shall be available for the Office of the
Chief Information Officer:
Provided further, That funds made available under this
heading may be used for necessary administrative and non-
administrative expenses of the Department, not otherwise
provided for, including purchase of uniforms, or allowances
therefor, as authorized by sections 5901 and 5902 of title 5,
United States Code; hire of passenger motor vehicles; and
services as authorized by section 3109 of title 5, United
States Code: Provided further, That notwithstanding any
other provision of law, funds appropriated under this heading
may be used for advertising and promotional activities that
directly support program activities funded in this title:
Provided further, That the Secretary shall provide the House
and Senate Committees on Appropriations quarterly written
notification regarding the status of pending congressional
reports: Provided further, That the Secretary shall provide
in electronic form all signed reports required by Congress.
program offices
For necessary salaries and expenses for Program Offices,
$824,730,000, to remain available until September 30, 2025:
Provided, That of the sums appropriated under this heading--
(1) $213,567,000 shall be available for the Office of
Public and Indian Housing;
(2) $126,215,000 shall be available for the Office of
Community Planning and Development;
(3) $367,912,000 shall be available for the Office of
Housing;
(4) $32,572,000 shall be available for the Office of Policy
Development and Research;
(5) $76,173,000 shall be available for the Office of Fair
Housing and Equal Opportunity; and
(6) $8,291,000 shall be available for the Office of Lead
Hazard Control and Healthy Homes.
working capital fund
(including transfer of funds)
For the working capital fund for the Department of Housing
and Urban Development (referred to in this paragraph as the
``Fund''), pursuant, in part, to section 7(f) of the
Department of Housing and Urban Development Act (42 U.S.C.
3535(f)), amounts transferred, including reimbursements
pursuant to section 7(f), to the Fund under this heading
shall be available only for Federal shared services used by
offices and agencies of the Department, and for any such
portion of any office or agency's printing, records
management, space renovation, furniture, or supply services
the Secretary has determined shall be provided through the
Fund, and the operational expenses of the Fund: Provided,
That amounts within the Fund shall not be available to
provide services not specifically authorized under this
heading: Provided further, That upon a determination by the
Secretary that any other service (or portion thereof)
authorized under this heading shall be provided through the
Fund, amounts made available in this title for salaries and
expenses under the headings ``Executive Offices'',
``Administrative Support Offices'', ``Program Offices'', and
``Government National Mortgage Association'', for such
services shall be transferred to the Fund, to remain
available until expended: Provided further, That the
Secretary shall notify the House and Senate Committees on
Appropriations of its plans for executing such transfers at
least 15 days in advance of such transfers.
Public and Indian Housing
tenant-based rental assistance
For activities and assistance for the provision of tenant-
based rental assistance authorized under the United States
Housing Act of 1937, as amended (42 U.S.C. 1437 et seq.) (in
this title ``the Act''), not otherwise
[[Page S5007]]
provided for, $16,832,131,000, to remain available until
expended, which shall be available on October 1, 2023 (in
addition to the $4,000,000,000 previously appropriated under
this heading that shall be available on October 1, 2023), and
$2,961,063,000, to remain available until expended, which
shall be available on October 1, 2024: Provided, That of the
sums appropriated under this heading--
(1) $20,553,854,000 shall be available for renewals of
expiring section 8 tenant-based annual contributions
contracts (including renewals of enhanced vouchers under any
provision of law authorizing such assistance under section
8(t) of the Act) and including renewal of other special
purpose incremental vouchers: Provided, That notwithstanding
any other provision of law, from amounts provided under this
paragraph and any carryover, the Secretary for the calendar
year 2024 funding cycle shall provide renewal funding for
each public housing agency based on validated voucher
management system (VMS) leasing and cost data for the prior
calendar year and by applying an inflation factor as
established by the Secretary, by notice published in the
Federal Register, and by making any necessary adjustments for
the costs associated with the first-time renewal of vouchers
under this paragraph including tenant protection and Choice
Neighborhoods vouchers: Provided further, That none of the
funds provided under this paragraph may be used to fund a
total number of unit months under lease which exceeds a
public housing agency's authorized level of units under
contract, except for public housing agencies participating in
the Moving to Work (MTW) demonstration, which are instead
governed in accordance with the requirements of the MTW
demonstration program or their MTW agreements, if any:
Provided further, That the Secretary shall, to the extent
necessary to stay within the amount specified under this
paragraph (except as otherwise modified under this
paragraph), prorate each public housing agency's allocation
otherwise established pursuant to this paragraph: Provided
further, That except as provided in the following provisos,
the entire amount specified under this paragraph (except as
otherwise modified under this paragraph) shall be obligated
to the public housing agencies based on the allocation and
pro rata method described above, and the Secretary shall
notify public housing agencies of their annual budget by the
latter of 60 days after enactment of this Act or March 1,
2024: Provided further, That the Secretary may extend the
notification period only after the House and Senate
Committees on Appropriations are notified at least 10
business days in advance of the extension: Provided further,
That public housing agencies participating in the MTW
demonstration shall be funded in accordance with the
requirements of the MTW demonstration program or their MTW
agreements, if any, and shall be subject to the same pro rata
adjustments under the preceding provisos: Provided further,
That the Secretary may offset public housing agencies'
calendar year 2024 allocations based on the excess amounts of
public housing agencies' net restricted assets accounts,
including HUD-held programmatic reserves (in accordance with
VMS data in calendar year 2023 that is verifiable and
complete), as determined by the Secretary: Provided further,
That public housing agencies participating in the MTW
demonstration shall also be subject to the offset, as
determined by the Secretary, excluding amounts subject to the
single fund budget authority provisions of their MTW
agreements, from the agencies' calendar year 2024 MTW funding
allocation: Provided further, That the Secretary shall use
any offset referred to in the preceding two provisos
throughout the calendar year to prevent the termination of
rental assistance for families as the result of insufficient
funding, as determined by the Secretary, and to avoid or
reduce the proration of renewal funding allocations:
Provided further, That up to $148,053,000 shall be available
only:
(A) for adjustments in the allocations for public housing
agencies, after application for an adjustment by a public
housing agency that experienced a significant increase, as
determined by the Secretary, in renewal costs of vouchers
resulting from unforeseen circumstances or from portability
under section 8(r) of the Act;
(B) for vouchers that were not in use during the previous
12-month period in order to be available to meet a commitment
pursuant to section 8(o)(13) of the Act, or an adjustment for
a funding obligation not yet expended in the previous
calendar year for a MTW-eligible activity to develop
affordable housing for an agency added to the MTW
demonstration under the expansion authority provided in
section 239 of the Transportation, Housing and Urban
Development, and Related Agencies Appropriations Act, 2016
(division L of Public Law 114-113);
(C) for adjustments for costs associated with HUD-Veterans
Affairs Supportive Housing (HUD-VASH) vouchers;
(D) for public housing agencies that despite taking
reasonable cost savings measures, as determined by the
Secretary, would otherwise be required to terminate rental
assistance for families as a result of insufficient funding;
(E) for adjustments in the allocations for public housing
agencies that--
(i) are leasing a lower-than-average percentage of their
authorized vouchers,
(ii) have low amounts of budget authority in their net
restricted assets accounts and HUD-held programmatic
reserves, relative to other agencies, and
(iii) are not participating in the Moving to Work
demonstration, to enable such agencies to lease more
vouchers;
(F) for withheld payments in accordance with section
8(o)(8)(A)(ii) of the Act for months in the previous calendar
year that were subsequently paid by the public housing agency
after the agency's actual costs were validated; and
(G) for public housing agencies that have experienced
increased costs or loss of units in an area for which the
President declared a disaster under title IV of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5170 et seq.):
Provided further, That the Secretary shall allocate amounts
under the preceding proviso based on need, as determined by
the Secretary: Provided further, That the Secretary may
establish a demonstration program to continue through fiscal
year 2027 at up to 8 public housing agencies in difficult
rental markets, as determined by the Secretary, for the
purpose of testing whether the provision of additional
assistance to facilitate leasing increases the ability of
families participating in the program to lease a unit:
Provided further, That amounts made available under this
paragraph in this and prior Acts to public housing agencies
participating in such demonstration program shall be
available for making utility and security deposit assistance
payments (including last month's rent) and other costs
consistent with the terms of the demonstration, in addition
to the purposes for which such funds were appropriated and
obligated and in addition to amounts for administrative and
other expenses otherwise available for such payments and
costs: Provided further, That any such utility or security
deposit payments returned to the public housing agency,
including any interest earned while such amounts were held by
the owner, shall be available only for future housing
assistance payment expenses (including eligible uses during
the term of the demonstration): Provided further, That of
the amounts provided under this paragraph, $3,915,420,000 is
designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985;
(2) $329,418,000 shall be available for section 8 rental
assistance for relocation and replacement of housing units
that are demolished or disposed of pursuant to section 18 of
the Act, conversion of section 23 projects to assistance
under section 8, relocation of witnesses (including victims
of violent crimes) in connection with efforts to combat crime
in public and assisted housing pursuant to a request from a
law enforcement or prosecution agency, enhanced vouchers
under any provision of law authorizing such assistance under
section 8(t) of the Act, Choice Neighborhood vouchers,
mandatory and voluntary conversions, and tenant protection
assistance including replacement and relocation assistance or
for project-based assistance to prevent the displacement of
unassisted elderly tenants currently residing in section 202
properties financed between 1959 and 1974 that are refinanced
pursuant to Public Law 106-569, as amended, or under the
authority as provided under this Act: Provided, That when a
public housing development is submitted for demolition or
disposition under section 18 of the Act, the Secretary may
provide section 8 rental assistance when the units pose an
imminent health and safety risk to residents: Provided
further, That the Secretary may provide section 8 rental
assistance from amounts made available under this paragraph
for units assisted under a project-based subsidy contract
funded under the ``Project-Based Rental Assistance'' heading
under this title where the owner has received a Notice of
Default and the units pose an imminent health and safety risk
to residents: Provided further, That of the amounts made
available under this paragraph, no less than $3,701,000 may
be available to provide tenant protection assistance, not
otherwise provided under this paragraph, to residents
residing in low vacancy areas and who may have to pay rents
greater than 30 percent of household income, as the result
of: (A) the maturity of a HUD-insured, HUD-held or section
202 loan that requires the permission of the Secretary prior
to loan prepayment; (B) the expiration of a rental assistance
contract for which the tenants are not eligible for enhanced
voucher or tenant protection assistance under existing law;
or (C) the expiration of affordability restrictions
accompanying a mortgage or preservation program administered
by the Secretary: Provided further, That such tenant
protection assistance made available under the preceding
proviso may be provided under the authority of section 8(t)
or section 8(o)(13) of the Act: Provided further, That any
tenant protection voucher made available from amounts under
this paragraph shall not be reissued by any public housing
agency, except the replacement vouchers as defined by the
Secretary by notice, when the initial family that received
any such voucher no longer receives such voucher, and the
authority for any public housing agency to issue any such
voucher shall cease to exist: Provided further, That the
Secretary may only provide replacement vouchers for units
that were occupied within the previous 24 months that cease
to be available as assisted housing, subject only to the
availability of funds;
(3) $2,059,011,000 shall be available for administrative
and other expenses of public
[[Page S5008]]
housing agencies in administering the section 8 tenant-based
rental assistance program, of which up to $22,208,000 shall
be available to the Secretary to allocate to public housing
agencies that need additional funds to administer their
section 8 programs, including fees associated with section 8
tenant protection rental assistance, the administration of
disaster related vouchers, HUD-VASH vouchers, and other
special purpose incremental vouchers: Provided, That no less
than $2,036,803,000 of the amount provided in this paragraph
shall be allocated to public housing agencies for the
calendar year 2024 funding cycle based on section 8(q) of the
Act (and related Appropriation Act provisions) as in effect
immediately before the enactment of the Quality Housing and
Work Responsibility Act of 1998 (Public Law 105-276):
Provided further, That if the amounts made available under
this paragraph are insufficient to pay the amounts determined
under the preceding proviso, the Secretary may decrease the
amounts allocated to agencies by a uniform percentage
applicable to all agencies receiving funding under this
paragraph or may, to the extent necessary to provide full
payment of amounts determined under the preceding proviso,
utilize unobligated balances, including recaptures and
carryover, remaining from funds appropriated under this
heading from prior fiscal years, excluding special purpose
vouchers, notwithstanding the purposes for which such amounts
were appropriated: Provided further, That all public housing
agencies participating in the MTW demonstration shall be
funded in accordance with the requirements of the MTW
demonstration program or their MTW agreements, if any, and
shall be subject to the same uniform percentage decrease as
under the preceding proviso: Provided further, That amounts
provided under this paragraph shall be only for activities
related to the provision of tenant-based rental assistance
authorized under section 8, including related development
activities;
(4) $507,882,000 shall be available for the renewal of
tenant-based assistance contracts under section 811 of the
Cranston-Gonzalez National Affordable Housing Act (42 U.S.C.
8013), including necessary administrative expenses:
Provided, That administrative and other expenses of public
housing agencies in administering the special purpose
vouchers in this paragraph shall be funded under the same
terms and be subject to the same pro rata reduction as the
percent decrease for administrative and other expenses to
public housing agencies under paragraph (3) of this heading:
Provided further, That up to $7,403,000 shall be available
only--
(A) for adjustments in the allocation for public housing
agencies, after applications for an adjustment by a public
housing agency that experienced a significant increase, as
determined by the Secretary, in Mainstream renewal costs
resulting from unforeseen circumstances; and
(B) for public housing agencies that despite taking
reasonable cost savings measures, as determined by the
Secretary, would otherwise be required to terminate the
rental assistance for Mainstream families as a result of
insufficient funding:
Provided further, That the Secretary shall allocate amounts
under the preceding proviso based on need, as determined by
the Secretary: Provided further, That upon turnover, section
811 special purpose vouchers funded under this heading in
this or prior Acts, or under any other heading in prior Acts,
shall be provided to non-elderly persons with disabilities;
(5) of the amounts provided under paragraph (1), up to
$5,552,000 shall be available for rental assistance and
associated administrative fees for Tribal HUD-VASH to serve
Native American veterans that are homeless or at-risk of
homelessness living on or near a reservation or other Indian
areas: Provided, That such amount shall be made available
for renewal grants to recipients that received assistance
under prior Acts under the Tribal HUD-VASH program: Provided
further, That the Secretary shall be authorized to specify
criteria for renewal grants, including data on the
utilization of assistance reported by grant recipients:
Provided further, That such assistance shall be administered
in accordance with program requirements under the Native
American Housing Assistance and Self-Determination Act of
1996 and modeled after the HUD-VASH program: Provided
further, That the Secretary shall be authorized to waive, or
specify alternative requirements for any provision of any
statute or regulation that the Secretary administers in
connection with the use of funds made available under this
paragraph (except for requirements related to fair housing,
nondiscrimination, labor standards, and the environment),
upon a finding by the Secretary that any such waivers or
alternative requirements are necessary for the effective
delivery and administration of such assistance: Provided
further, That grant recipients shall report to the Secretary
on utilization of such rental assistance and other program
data, as prescribed by the Secretary: Provided further, That
the Secretary may reallocate, as determined by the Secretary,
amounts returned or recaptured from awards under the Tribal
HUD-VASH program under prior Acts to existing recipients
under the Tribal HUD-VASH program;
(6) $22,208,000 shall be available for incremental rental
voucher assistance for use through a supported housing
program administered in conjunction with the Department of
Veterans Affairs as authorized under section 8(o)(19) of the
United States Housing Act of 1937: Provided, That the
Secretary of Housing and Urban Development shall make such
funding available, notwithstanding section 203 (competition
provision) of this title, to public housing agencies that
partner with eligible VA Medical Centers or other entities as
designated by the Secretary of the Department of Veterans
Affairs, based on geographical need for such assistance as
identified by the Secretary of the Department of Veterans
Affairs, public housing agency administrative performance,
and other factors as specified by the Secretary of Housing
and Urban Development in consultation with the Secretary of
the Department of Veterans Affairs: Provided further, That
the Secretary of Housing and Urban Development may waive, or
specify alternative requirements for (in consultation with
the Secretary of the Department of Veterans Affairs), any
provision of any statute or regulation that the Secretary of
Housing and Urban Development administers in connection with
the use of funds made available under this paragraph (except
for requirements related to fair housing, nondiscrimination,
labor standards, and the environment), upon a finding by the
Secretary that any such waivers or alternative requirements
are necessary for the effective delivery and administration
of such voucher assistance: Provided further, That
assistance made available under this paragraph shall continue
to remain available for homeless veterans upon turn-over:
Provided further, That of the total amount made available
under this paragraph, up to $7,403,000 may be for additional
fees established by and allocated pursuant to a method
determined by the Secretary for administrative and other
expenses (including those eligible activities defined by
notice to facilitate leasing, such as security deposit
assistance and costs related to the retention and support of
participating owners) of public housing agencies in
administering HUD-VASH vouchers;
(7) $22,208,000 shall be available for the family
unification program as authorized under section 8(x) of the
Act: Provided, That the amounts made available under this
paragraph are provided as follows:
(A) $3,701,000 shall be available for new incremental
voucher assistance, which shall continue to remain available
for family unification upon turnover; and
(B) $18,507,000 shall be available for new incremental
voucher assistance to assist eligible youth as defined by
such section 8(x)(2)(B) of the Act, which shall continue to
remain available for such eligible youth upon turnover:
Provided, That such amounts shall be available on a
noncompetitive basis to public housing agencies that partner
with public child welfare agencies to identify such eligible
youth, that request such assistance to timely assist such
eligible youth, and that meet any other criteria as specified
by the Secretary: Provided further, That the Secretary shall
review utilization of such assistance and assistance
originating from appropriations made available for youth
under this heading in any prior Act that the Secretary made
available on a noncompetitive basis, at an interval to be
determined by the Secretary, and unutilized voucher
assistance that is no longer needed based on such review
shall be recaptured by the Secretary and reallocated pursuant
to the preceding proviso:
Provided further, That any public housing agency
administering new incremental voucher assistance originating
from appropriations made available for the family unification
program under this heading in this or any prior Act that the
Secretary made available on a competitive basis that
determines it no longer has an identified need for such
assistance upon turnover shall notify the Secretary, and the
Secretary shall recapture such assistance from the agency and
reallocate it to any other public housing agency or agencies
based on need for voucher assistance in connection with such
specified program or eligible youth, as applicable; and
(8) the Secretary shall separately track all special
purpose vouchers funded under this heading.
housing certificate fund
(including rescissions)
Unobligated balances, including recaptures and carryover,
remaining from funds appropriated to the Department of
Housing and Urban Development under this heading, the heading
``Annual Contributions for Assisted Housing'' and the heading
``Project-Based Rental Assistance'', for fiscal year 2024 and
prior years may be used for renewal of or amendments to
section 8 project-based contracts and for performance-based
contract administrators, notwithstanding the purposes for
which such funds were appropriated: Provided, That any
obligated balances of contract authority from fiscal year
1974 and prior fiscal years that have been terminated shall
be rescinded: Provided further, That amounts heretofore
recaptured, or recaptured during the current fiscal year,
from section 8 project-based contracts from source years
fiscal year 1975 through fiscal year 1987 are hereby
rescinded, and an amount of additional new budget authority,
equivalent to the amount rescinded is hereby appropriated, to
remain available until expended, for the purposes set forth
under this heading, in addition to amounts otherwise
available.
public housing fund
For 2024 payments to public housing agencies for the
operation and management of public housing, as authorized by
section 9(e) of the United States Housing Act of 1937 (42
[[Page S5009]]
U.S.C. 1437g(e)) (the ``Act''), and to carry out capital and
management activities for public housing agencies, as
authorized under section 9(d) of the Act (42 U.S.C.
1437g(d)), $6,569,858,000, to remain available until
September 30, 2027: Provided, That of the sums appropriated
under this heading--
(1) $4,093,669,000 shall be available for the Secretary to
allocate pursuant to the Operating Fund formula at part 990
of title 24, Code of Federal Regulations, for 2024 payments;
(2) $25,909,000 shall be available for the Secretary to
allocate pursuant to a need-based application process
notwithstanding section 203 of this title and not subject to
such Operating Fund formula to public housing agencies that
experience, or are at risk of, financial shortfalls, as
determined by the Secretary: Provided, That after all such
shortfall needs are met, the Secretary may distribute any
remaining funds to all public housing agencies on a pro-rata
basis pursuant to such Operating Fund formula;
(3) $2,368,850,000 shall be available for the Secretary to
allocate pursuant to the Capital Fund formula at section
905.400 of title 24, Code of Federal Regulations: Provided,
That for funds provided under this paragraph, the limitation
in section 9(g)(1) of the Act shall be 25 percent: Provided
further, That the Secretary may waive the limitation in the
preceding proviso to allow public housing agencies to fund
activities authorized under section 9(e)(1)(C) of the Act:
Provided further, That the Secretary shall notify public
housing agencies requesting waivers under the preceding
proviso if the request is approved or denied within 14 days
of submitting the request: Provided further, That from the
funds made available under this paragraph, the Secretary
shall provide bonus awards in fiscal year 2024 to public
housing agencies that are designated high performers:
Provided further, That the Department shall notify public
housing agencies of their formula allocation within 60 days
of enactment of this Act;
(4) $22,208,000 shall be available for the Secretary to
make grants, notwithstanding section 203 of this title, to
public housing agencies for emergency capital needs,
including safety and security measures necessary to address
crime and drug-related activity, as well as needs resulting
from unforeseen or unpreventable emergencies and natural
disasters excluding Presidentially declared emergencies and
natural disasters under the Robert T. Stafford Disaster
Relief and Emergency Act (42 U.S.C. 5121 et seq.) occurring
in fiscal year 2024: Provided, That of the amount made
available under this paragraph, not less than $7,403,000
shall be for safety and security measures: Provided further,
That in addition to the amount in the preceding proviso for
such safety and security measures, any amounts that remain
available, after all applications received on or before
September 30, 2025, for emergency capital needs have been
processed, shall be allocated to public housing agencies for
such safety and security measures;
(5) $48,117,000 shall be available for competitive grants
to public housing agencies to evaluate and reduce residential
health hazards in public housing, including lead-based paint
(by carrying out the activities of risk assessments,
abatement, and interim controls, as those terms are defined
in section 1004 of the Residential Lead-Based Paint Hazard
Reduction Act of 1992 (42 U.S.C. 4851b)), carbon monoxide,
mold, radon, and fire safety: Provided, That not less than
$18,507,000 of the amounts provided under this paragraph
shall be awarded for evaluating and reducing lead-based paint
hazards: Provided further, That for purposes of
environmental review, a grant under this paragraph shall be
considered funds for projects or activities under title I of
the Act for purposes of section 26 of the Act (42 U.S.C.
1437x) and shall be subject to the regulations implementing
such section; and
(6) $11,104,000 shall be available to support the costs of
administrative and judicial receiverships and for competitive
grants to PHAs in receivership, designated troubled or
substandard, or otherwise at risk, as determined by the
Secretary, for costs associated with public housing asset
improvement, in addition to other amounts for that purpose
provided under any heading under this title:
Provided further, That notwithstanding any other provision
of law or regulation, during fiscal year 2024, the Secretary
of Housing and Urban Development may not delegate to any
Department official other than the Deputy Secretary and the
Assistant Secretary for Public and Indian Housing any
authority under paragraph (2) of section 9(j) of the Act
regarding the extension of the time periods under such
section: Provided further, That for purposes of such section
9(j), the term ``obligate'' means, with respect to amounts,
that the amounts are subject to a binding agreement that will
result in outlays, immediately or in the future.
assisted housing inspections and risk assessments
For the Department's inspection and assessment programs,
including travel, training, and program support contracts,
$37,013,000 to remain available until September 30, 2025:
Provided, That unobligated balances, including recaptures and
carryover, remaining from funds appropriated under the
heading ``Public Housing Fund'' to support ongoing public
housing financial and physical assessment activities shall be
available for the purposes authorized under this heading in
addition to the purposes for which such funds originally were
appropriated.
choice neighborhoods initiative
For competitive grants under the Choice Neighborhoods
Initiative (subject to section 24 of the United States
Housing Act of 1937 (42 U.S.C. 1437v) (the ``Act'') unless
otherwise specified under this heading), for transformation,
rehabilitation, and replacement housing needs of both public
and HUD-assisted housing and to transform neighborhoods of
poverty into functioning, sustainable, mixed-income
neighborhoods with appropriate services, schools, public
assets, transportation, and access to jobs, $111,040,000, to
remain available until September 30, 2028: Provided, That
grant funds may be used for resident and community services,
community development, and affordable housing needs in the
community, and for conversion of vacant or foreclosed
properties to affordable housing: Provided further, That the
use of amounts made available under this heading shall not be
deemed to be for public housing, notwithstanding section
3(b)(1) of the Act: Provided further, That grantees shall
commit to an additional period of affordability determined by
the Secretary of not fewer than 20 years: Provided further,
That grantees shall provide a match in State, local, other
Federal, or private funds: Provided further, That grantees
may include local governments, Tribal entities, public
housing agencies, and nonprofit organizations: Provided
further, That for-profit developers may apply jointly with a
public entity: Provided further, That for purposes of
environmental review, a grantee shall be treated as a public
housing agency under section 26 of the Act (42 U.S.C. 1437x),
and grants made with amounts available under this heading
shall be subject to the regulations issued by the Secretary
to implement such section: Provided further, That of the
amounts made available under this heading, not less than
$55,520,000 shall be awarded to public housing agencies:
Provided further, That such grantees shall create
partnerships with other local organizations, including
assisted housing owners, service agencies, and resident
organizations: Provided further, That the Secretary shall
consult with the Secretaries of Education, Labor,
Transportation, Health and Human Services, Agriculture, and
Commerce, the Attorney General, and the Administrator of the
Environmental Protection Agency to coordinate and leverage
other appropriate Federal resources: Provided further, That
not more than $7,403,000 of the amounts made available under
this heading may be provided as grants to undertake
comprehensive local planning with input from residents and
the community: Provided further, That none of the funds made
available under this heading may be obligated for main street
housing grants under section 24(n) of the Act (42 U.S.C.
1437v(n)): Provided further, That unobligated balances,
including recaptures, remaining from amounts made available
under the heading ``Revitalization of Severely Distressed
Public Housing (HOPE VI)'' in fiscal year 2011 and prior
fiscal years may be used for purposes under this heading,
notwithstanding the purposes for which such amounts were
appropriated: Provided further, That the Secretary shall
make grant awards not later than 1 year after the date of
enactment of this Act in such amounts that the Secretary
determines: Provided further, That notwithstanding section
24(o) of the Act (42 U.S.C. 1437v(o)), the Secretary may,
until September 30, 2024, obligate any available unobligated
balances made available under this heading in this or any
prior Act.
self-sufficiency programs
For activities and assistance related to Self-Sufficiency
Programs, to remain available until September 30, 2027,
$146,573,000: Provided, That of the sums appropriated under
this heading--
(1) $104,007,000 shall be available for the Family Self-
Sufficiency program to support family self-sufficiency
coordinators under section 23 of the United States Housing
Act of 1937 (42 U.S.C. 1437u), to promote the development of
local strategies to coordinate the use of assistance under
sections 8 and 9 of such Act with public and private
resources, and enable eligible families to achieve economic
independence and self-sufficiency;
(2) $31,461,000 shall be available for the Resident
Opportunity and Self-Sufficiency program to provide for
supportive services, service coordinators, and congregate
services as authorized by section 34 of the United States
Housing Act of 1937 (42 U.S.C. 1437z-6) and the Native
American Housing Assistance and Self-Determination Act of
1996 (25 U.S.C. 4101 et seq.); and
(3) $11,104,000 shall be available for a Jobs-Plus
Initiative, modeled after the Jobs-Plus demonstration:
Provided, That funding provided under this paragraph shall be
available for competitive grants to partnerships between
public housing authorities, local workforce investment boards
established under section 107 of the Workforce Innovation and
Opportunity Act of 2014 (29 U.S.C. 3122), and other agencies
and organizations that provide support to help public housing
residents obtain employment and increase earnings: Provided
further, That applicants must demonstrate the ability to
provide services to residents, partner with workforce
investment boards, and leverage service dollars: Provided
further, That the Secretary may allow public housing agencies
to request exemptions from rent and income limitation
requirements under sections 3 and 6 of the United States
Housing Act of 1937 (42 U.S.C. 1437a, 1437d), as necessary to
implement the
[[Page S5010]]
Jobs-Plus program, on such terms and conditions as the
Secretary may approve upon a finding by the Secretary that
any such waivers or alternative requirements are necessary
for the effective implementation of the Jobs-Plus Initiative
as a voluntary program for residents: Provided further, That
the Secretary shall publish by notice in the Federal Register
any waivers or alternative requirements pursuant to the
preceding proviso no later than 10 days before the effective
date of such notice.
native american programs
For activities and assistance authorized under title I of
the Native American Housing Assistance and Self-Determination
Act of 1996 (in this heading ``NAHASDA'') (25 U.S.C. 4111 et
seq.), title I of the Housing and Community Development Act
of 1974 (42 U.S.C. 5301 et seq.) with respect to Indian
tribes, and related training and technical assistance,
$800,690,000, to remain available until September 30, 2028:
Provided, That of the sums appropriated under this heading--
(1) $628,208,000 shall be available for the Native American
Housing Block Grants program, as authorized under title I of
NAHASDA: Provided, That, notwithstanding NAHASDA, to
determine the amount of the allocation under title I of such
Act for each Indian tribe, the Secretary shall apply the
formula under section 302 of such Act with the need component
based on single-race census data and with the need component
based on multi-race census data, and the amount of the
allocation for each Indian tribe shall be the greater of the
two resulting allocation amounts: Provided further, That the
Secretary shall notify grantees of their formula allocation
not later than 60 days after the date of enactment of this
Act;
(2) $111,040,000 shall be available for competitive grants
under the Native American Housing Block Grants program, as
authorized under title I of NAHASDA: Provided, That the
Secretary shall obligate such amount for competitive grants
to eligible recipients authorized under NAHASDA that apply
for funds: Provided further, That in awarding amounts made
available in this paragraph, the Secretary shall consider
need and administrative capacity, and shall give priority to
projects that will spur construction and rehabilitation of
housing: Provided further, That a grant funded pursuant to
this paragraph shall be in an amount not greater than
$7,403,000: Provided further, That any amounts transferred
for the necessary costs of administering and overseeing the
obligation and expenditure of such additional amounts in
prior Acts may also be used for the necessary costs of
administering and overseeing such additional amount;
(3) $740,000 shall be available for the cost of guaranteed
notes and other obligations, as authorized by title VI of
NAHASDA: Provided, That such costs, including the cost of
modifying such notes and other obligations, shall be as
defined in section 502 of the Congressional Budget Act of
1974 (2 U.S.C. 661a): Provided further, That amounts made
available in this and prior Acts for the cost of such
guaranteed notes and other obligations that are unobligated,
including recaptures and carryover, shall be available to
subsidize the total principal amount of any notes and other
obligations, any part of which is to be guaranteed, not to
exceed $37,013,000, to remain available until September 30,
2025;
(4) $55,520,000 shall be available for grants to Indian
tribes for carrying out the Indian Community Development
Block Grant program under title I of the Housing and
Community Development Act of 1974, notwithstanding section
106(a)(1) of such Act, of which, notwithstanding any other
provision of law (including section 203 of this Act), not
more than $3,701,000 may be used for emergencies that
constitute imminent threats to health and safety: Provided,
That not to exceed 20 percent of any grant made with amounts
made available in this paragraph shall be expended for
planning and management development and administration; and
(5) $5,182,000, in addition to amounts otherwise available
for such purpose, shall be available for providing training
and technical assistance to Indian tribes, Indian housing
authorities, and tribally designated housing entities, to
support the inspection of Indian housing units, for contract
expertise, and for training and technical assistance related
to amounts made available under this heading and other
headings in this Act for the needs of Native American
families and Indian country: Provided, That of the amounts
made available in this paragraph, not less than $1,481,000
shall be for a national organization as authorized under
section 703 of NAHASDA (25 U.S.C. 4212): Provided further,
That amounts made available in this paragraph may be used,
contracted, or competed as determined by the Secretary:
Provided further, That notwithstanding chapter 63 of title
31, United States Code (commonly known as the Federal Grant
and Cooperative Agreements Act of 1977), the amounts made
available in this paragraph may be used by the Secretary to
enter into cooperative agreements with public and private
organizations, agencies, institutions, and other technical
assistance providers to support the administration of
negotiated rulemaking under section 106 of NAHASDA (25 U.S.C.
4116), the administration of the allocation formula under
section 302 of NAHASDA (25 U.S.C. 4152), and the
administration of performance tracking and reporting under
section 407 of NAHASDA (25 U.S.C. 4167).
indian housing loan guarantee fund program account
For the cost of guaranteed loans, as authorized by section
184 of the Housing and Community Development Act of 1992 (12
U.S.C. 1715z-13a), $670,000, to remain available until
expended: Provided, That such costs, including the cost of
modifying such loans, shall be as defined in section 502 of
the Congressional Budget Act of 1974 (2 U.S.C. 661a):
Provided further, That amounts made available in this and
prior Acts for the cost of guaranteed loans, as authorized by
section 184 of the Housing and Community Development Act of
1992 (12 U.S.C. 1715z-13a), that are unobligated, including
recaptures and carryover, shall be available to subsidize
total loan principal, any part of which is to be guaranteed,
not to exceed $1,036,372,000, to remain available until
September 30, 2025.
native hawaiian housing block grant
For the Native Hawaiian Housing Block Grant program, as
authorized under title VIII of the Native American Housing
Assistance and Self-Determination Act of 1996 (25 U.S.C. 4221
et seq.), $16,508,000, to remain available until September
30, 2028: Provided, That notwithstanding section 812(b) of
such Act, the Department of Hawaiian Home Lands may not
invest grant amounts made available under this heading in
investment securities and other obligations: Provided
further, That amounts made available under this heading in
this and prior fiscal years may be used to provide rental
assistance to eligible Native Hawaiian families both on and
off the Hawaiian Home Lands, notwithstanding any other
provision of law: Provided further, That up to $740,000 of
the amounts made available under this heading may be for
training and technical assistance related to amounts made
available under this heading and other headings in this Act
for the needs of Native Hawaiians and the Department of
Hawaiian Home Lands.
native hawaiian housing loan guarantee fund program account
New commitments to guarantee loans, as authorized by
section 184A of the Housing and Community Development Act of
1992 (12 U.S.C. 1715z-13b), any part of which is to be
guaranteed, shall not exceed $20,727,000 in total loan
principal, to remain available until September 30, 2025:
Provided, That the Secretary may enter into commitments to
guarantee loans used for refinancing.
Community Planning and Development
housing opportunities for persons with aids
For carrying out the Housing Opportunities for Persons with
AIDS program, as authorized by the AIDS Housing Opportunity
Act (42 U.S.C. 12901 et seq.), $373,834,000, to remain
available until September 30, 2027: Provided, That the
Secretary shall renew or replace all expiring contracts for
permanent supportive housing that initially were funded under
section 854(c)(5) of such Act from funds made available under
this heading in fiscal year 2010 and prior fiscal years that
meet all program requirements before awarding funds for new
contracts under such section: Provided further, That the
process for submitting amendments and approving replacement
contracts shall be established by the Secretary in a notice:
Provided further, That the Department shall notify grantees
of their formula allocation within 60 days of enactment of
this Act.
community development fund
For assistance to States and units of general local
government, and other entities, for economic and community
development activities, and other purposes, $3,324,891,000,
to remain available until September 30, 2027: Provided, That
of the sums appropriated under this heading--
(1) $2,442,877,000 shall be available for carrying out the
community development block grant program under title I of
the Housing and Community Development Act of 1974, as amended
(42 U.S.C. 5301 et seq.) (in this heading ``the Act''):
Provided, That not to exceed 20 percent of any grant made
with funds made available under this paragraph shall be
expended for planning and management development and
administration: Provided further, That a metropolitan city,
urban county, unit of general local government, or insular
area that directly or indirectly receives funds under this
paragraph may not sell, trade, or otherwise transfer all or
any portion of such funds to another such entity in exchange
for any other funds, credits, or non-Federal considerations,
but shall use such funds for activities eligible under title
I of the Act: Provided further, That notwithstanding section
105(e)(1) of the Act, no funds made available under this
paragraph may be provided to a for-profit entity for an
economic development project under section 105(a)(17) unless
such project has been evaluated and selected in accordance
with guidelines required under subsection (e)(2) of section
105;
(2) $74,027,000 shall be available for the Secretary to
award grants on a competitive basis to State and local
governments, metropolitan planning organizations, and
multijurisdictional entities for additional activities under
title I of the Act for the identification and removal of
barriers to affordable housing production and preservation:
Provided, That eligible uses of such grants include
activities to further develop, evaluate, and implement
housing policy plans, improve housing strategies, and
facilitate affordable housing production and preservation:
Provided further, That the Secretary shall prioritize
applicants that are able to (A) demonstrate progress and a
commitment
[[Page S5011]]
to overcoming local barriers to facilitate the increase in
affordable housing production and preservation; and (B)
demonstrate an acute need for housing affordable to
households with incomes below 100 percent of the area median
income: Provided further, That funds allocated for such
grants shall not adversely affect the amount of any formula
assistance received by a jurisdiction under paragraph (1) of
this heading: Provided further, That in administering such
amounts the Secretary may waive or specify alternative
requirements for any provision of such title I except for
requirements related to fair housing, nondiscrimination,
labor standards, the environment, and requirements that
activities benefit persons of low- and moderate-income, upon
a finding that any such waivers or alternative requirements
are necessary to expedite or facilitate the use of such
amounts;
(3) $22,208,000 shall be available for activities
authorized under section 8071 of the SUPPORT for Patients and
Communities Act (Public Law 115-271): Provided, That funds
allocated pursuant to this paragraph shall not adversely
affect the amount of any formula assistance received by a
State under paragraph (1) of this heading: Provided further,
That the Secretary shall allocate the funds for such
activities based on the notice establishing the funding
formula published in 84 FR 16027 (April 17, 2019) except that
the formula shall use age-adjusted rates of drug overdose
deaths for 2021 based on data from the Centers for Disease
Control and Prevention; and
(4) $785,779,000 shall be available for grants for the
Economic Development Initiative (EDI) for the purposes, and
in amounts, specified for Congressionally Directed Spending
in the table entitled ``Congressionally Directed Spending''
included in the report accompanying this Act: Provided, That
eligible expenses of such grants in this and prior Acts may
include administrative, planning, operations and maintenance,
and other costs: Provided further, That such grants for the
EDI shall be available for reimbursement of otherwise
eligible expenses incurred on or after the date of enactment
of this Act and prior to the date of grant execution:
Provided further, That none of the amounts made available
under this paragraph for grants for the EDI shall be used for
reimbursement of expenses incurred prior to the date of
enactment of this Act: Provided further, That grants for the
EDI authorized under this heading in the Department of
Housing and Urban Development Appropriations Act, 2022
(Public Law 117-103) shall also be available hereafter for
reimbursement of otherwise eligible expenses (including those
eligible expenses identified in the first proviso of this
paragraph) incurred on or after the date of enactment of such
Act and prior to the date of grant execution, and shall
hereafter not be subject to the second proviso under such
heading in such Act:
Provided further, That for amounts made available under
paragraphs (1) and (3), the Secretary shall notify grantees
of their formula allocation within 60 days of enactment of
this Act.
community development loan guarantees program account
Subject to section 502 of the Congressional Budget Act of
1974 (2 U.S.C. 661a), during fiscal year 2024, commitments to
guarantee loans under section 108 of the Housing and
Community Development Act of 1974 (42 U.S.C. 5308), any part
of which is guaranteed, shall not exceed a total principal
amount of $296,106,000, notwithstanding any aggregate
limitation on outstanding obligations guaranteed in
subsection (k) of such section 108: Provided, That the
Secretary shall collect fees from borrowers, notwithstanding
subsection (m) of such section 108, to result in a credit
subsidy cost of zero for guaranteeing such loans, and any
such fees shall be collected in accordance with section
502(7) of the Congressional Budget Act of 1974: Provided
further, That such commitment authority funded by fees may be
used to guarantee, or make commitments to guarantee, notes or
other obligations issued by any State on behalf of non-
entitlement communities in the State in accordance with the
requirements of such section 108: Provided further, That any
State receiving such a guarantee or commitment under the
preceding proviso shall distribute all funds subject to such
guarantee to the units of general local government in non-
entitlement areas that received the commitment.
home investment partnerships program
For the HOME Investment Partnerships program, as authorized
under title II of the Cranston-Gonzalez National Affordable
Housing Act, as amended (42 U.S.C. 12721 et seq.),
$1,110,398,000, to remain available until September 30, 2027:
Provided, That the Department shall notify grantees of their
formula allocations within 60 days after enactment of this
Act: Provided further, That section 218(g) of such Act (42
U.S.C. 12748(g)) shall not apply with respect to the right of
a jurisdiction to draw funds from its HOME Investment Trust
Fund that otherwise expired or would expire in any calendar
year from 2018 through 2026 under that section: Provided
further, That section 231(b) of such Act (42 U.S.C. 12771(b))
shall not apply to any uninvested funds that otherwise were
deducted or would be deducted from the line of credit in the
participating jurisdiction's HOME Investment Trust Fund in
any calendar year from 2018 through 2026 under that section.
self-help and assisted homeownership opportunity program
For the Self-Help and Assisted Homeownership Opportunity
Program, as authorized under section 11 of the Housing
Opportunity Program Extension Act of 1996 (42 U.S.C. 12805
note), and for related activities and assistance,
$45,526,000, to remain available until September 30, 2026:
Provided, That of the sums appropriated under this heading--
(1) $9,994,000 shall be available for the Self-Help
Homeownership Opportunity Program as authorized under such
section 11;
(2) $31,091,000 shall be available for the second, third,
and fourth capacity building entities specified in section
4(a) of the HUD Demonstration Act of 1993 (42 U.S.C. 9816
note), of which not less than $3,701,000 shall be for rural
capacity building activities: Provided, That for purposes of
awarding grants from amounts made available in this
paragraph, the Secretary may enter into multiyear agreements,
as appropriate, subject to the availability of annual
appropriations; and
(3) $4,442,000 shall be available for capacity building by
national rural housing organizations having experience
assessing national rural conditions and providing financing,
training, technical assistance, information, and research to
local nonprofit organizations, local governments, and Indian
Tribes serving high need rural communities.
homeless assistance grants
For assistance under title IV of the McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11360 et seq.), and for
related activities and assistance, $2,892,958,000, to remain
available until September 30, 2026: Provided, That of the
sums appropriated under this heading--
(1) $214,677,000 shall be available for the Emergency
Solutions Grants program authorized under subtitle B of such
title IV (42 U.S.C. 11371 et seq.): Provided, That the
Department shall notify grantees of their formula allocation
from amounts allocated (which may represent initial or final
amounts allocated) for the Emergency Solutions Grant program
not later than 60 days after enactment of this Act;
(2) $2,517,643,000 shall be available for the Continuum of
Care program authorized under subtitle C of such title IV (42
U.S.C. 11381 et seq.) and the Rural Housing Stability
Assistance programs authorized under subtitle D of such title
IV (42 U.S.C. 11408): Provided, That the Secretary shall
prioritize funding under the Continuum of Care program to
continuums of care that have demonstrated a capacity to
reallocate funding from lower performing projects to higher
performing projects: Provided further, That the Secretary
may make reasonable adjustments to renewal amounts to enable
renewal projects to operate at substantially the same levels,
including cost-of-living adjustments for supportive services
from the prior grant: Provided further, That the Secretary
shall provide incentives to create projects that coordinate
with housing providers and healthcare organizations to
provide permanent supportive housing and rapid re-housing
services: Provided further, That of the amounts made
available for the Continuum of Care program under this
paragraph, $18,507,000 shall be for additional non-renewable
grants to improve coordination and establish partnerships
between or among housing providers, homeless services
providers, healthcare organizations, and government entities
to address housing-related supportive services needs or
improve access to health services for chronically homeless
individuals and other homeless individuals: Provided
further, That amounts in the previous proviso may be awarded
only to applicants that identify significant available
resources that could be leveraged to assist people
transitioning from homelessness to permanent community-based
housing: Provided further, That the Secretary may establish
by notice an alternative maximum amount for administrative
costs related to the requirements described in sections
402(f)(1) and 402(f)(2) of subtitle A of such title IV of no
more than 5 percent or $37,000, whichever is greater,
notwithstanding the 3 percent limitation in section
423(a)(10) of such subtitle C: Provided further, That of the
amounts made available for the Continuum of Care program
under this paragraph, $38,494,000 shall be for grants for new
rapid re-housing projects and supportive service projects
providing coordinated entry, and for eligible activities that
the Secretary determines to be critical in order to assist
survivors of domestic violence, dating violence, sexual
assault, or stalking, except that the Secretary may make
additional grants for such projects and purposes from amounts
made available for such Continuum of Care program: Provided
further, That amounts made available for the Continuum of
Care program under this paragraph and any remaining
unobligated balances under this heading in prior Acts may be
used to competitively or non-competitively renew or replace
grants for youth homeless demonstration projects under the
Continuum of Care program, notwithstanding any conflict with
the requirements of the Continuum of Care program;
(3) $7,403,000 shall be available for the national homeless
data analysis project: Provided, That notwithstanding the
provisions of the Federal Grant and Cooperative Agreements
Act of 1977 (31 U.S.C. 6301-6308), the amounts made available
under this paragraph and any remaining unobligated balances
under this heading for such purposes in prior Acts may be
used by the Secretary to enter into cooperative agreements
with such
[[Page S5012]]
entities as may be determined by the Secretary, including
public and private organizations, agencies, and institutions;
(4) $79,208,000 shall be available to implement projects to
demonstrate how a comprehensive approach to serving homeless
youth, age 24 and under, in up to 25 communities with a
priority for communities with substantial rural populations
in up to eight locations, can dramatically reduce youth
homelessness: Provided, That of the amount made available
under this paragraph, not less than $18,507,000 shall be for
youth homelessness system improvement grants to support
communities, including but not limited to the communities
assisted under the matter preceding this proviso, in
establishing and implementing a response system for youth
homelessness, or for improving their existing system:
Provided further, That of the amount made available under
this paragraph, up to $7,403,000 shall be to provide
technical assistance to communities, including but not
limited to the communities assisted in the preceding proviso
and the matter preceding such proviso, on improving system
responses to youth homelessness, and collection, analysis,
use, and reporting of data and performance measures under the
comprehensive approaches to serve homeless youth, in addition
to and in coordination with other technical assistance funds
provided under this title: Provided further, That the
Secretary may use up to 10 percent of the amount made
available under the preceding proviso to build the capacity
of current technical assistance providers or to train new
technical assistance providers with verifiable prior
experience with systems and programs for youth experiencing
homelessness; and
(5) $74,027,000 shall be available for one-time awards
under the Continuum of Care program for new construction,
acquisition, or rehabilitation of new permanent supportive
housing, of which not more than 20 percent of such awards may
be used for other Continuum of Care eligible activities
associated with such projects and not more than 10 percent of
such awards may be used for project administration:
Provided, That these amounts shall be awarded on a
competitive basis, based on need and other factors to be
determined by the Secretary, including incentives to
establish projects that coordinate with housing providers,
healthcare organizations and social service providers:
Provided further, That not less than $25,909,000 shall be
awarded to applicants for projects within States with
populations less than 2,500,000, except that if such amount
is undersubscribed any remaining amounts may be awarded to
qualified applicants for projects in any State: Provided
further, That the grants for ongoing costs associated with
such projects shall be eligible for renewal under the
Continuum of Care program subject to the same terms and
conditions as other renewal applicants:
Provided further, That youth aged 24 and under seeking
assistance under this heading shall not be required to
provide third party documentation to establish their
eligibility under subsection (a) or (b) of section 103 of the
McKinney-Vento Homeless Assistance Act (42 U.S.C. 11302) to
receive services: Provided further, That unaccompanied youth
aged 24 and under or families headed by youth aged 24 and
under who are living in unsafe situations may be served by
youth-serving providers funded under this heading: Provided
further, That persons eligible under section 103(a)(5) of the
McKinney-Vento Homeless Assistance Act may be served by any
project funded under this heading to provide both
transitional housing and rapid re-housing: Provided further,
That for all matching funds requirements applicable to funds
made available under this heading for this fiscal year and
prior fiscal years, a grantee may use (or could have used) as
a source of match funds other funds administered by the
Secretary and other Federal agencies unless there is (or was)
a specific statutory prohibition on any such use of any such
funds: Provided further, That none of the funds made
available under this heading shall be available to provide
funding for new projects, except for projects created through
reallocation, unless the Secretary determines that the
continuum of care has demonstrated that projects are
evaluated and ranked based on the degree to which they
improve the continuum of care's system performance: Provided
further, That any unobligated amounts remaining from funds
made available under this heading in fiscal year 2012 and
prior years for project-based rental assistance for
rehabilitation projects with 10-year grant terms may be used
for purposes under this heading, notwithstanding the purposes
for which such funds were appropriated: Provided further,
That unobligated balances, including recaptures and
carryover, remaining from funds transferred to or
appropriated under this heading in fiscal year 2019 or prior
years, except for rental assistance amounts that were
recaptured and made available until expended, shall be
available for the current purposes authorized under this
heading in addition to the purposes for which such funds
originally were appropriated.
Housing Programs
project-based rental assistance
For activities and assistance for the provision of project-
based subsidy contracts under the United States Housing Act
of 1937 (42 U.S.C. 1437 et seq.) (``the Act''), not otherwise
provided for, $11,393,372,000, to remain available until
expended, shall be available on October 1, 2023 (in addition
to the $400,000,000 previously appropriated under this
heading that became available October 1, 2023), and
$296,106,000, to remain available until expended, shall be
available on October 1, 2024: Provided, That the amounts
made available under this heading shall be available for
expiring or terminating section 8 project-based subsidy
contracts (including section 8 moderate rehabilitation
contracts), for amendments to section 8 project-based subsidy
contracts (including section 8 moderate rehabilitation
contracts), for contracts entered into pursuant to section
441 of the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11401), for renewal of section 8 contracts for units in
projects that are subject to approved plans of action under
the Emergency Low Income Housing Preservation Act of 1987 or
the Low-Income Housing Preservation and Resident
Homeownership Act of 1990, and for administrative and other
expenses associated with project-based activities and
assistance funded under this heading: Provided further, That
of the total amounts provided under this heading, not to
exceed $331,639,000 shall be available for performance-based
contract administrators for section 8 project-based
assistance, for carrying out 42 U.S.C. 1437(f): Provided
further, That the Secretary may also use such amounts in the
preceding proviso for performance-based contract
administrators for the administration of: interest reduction
payments pursuant to section 236(a) of the National Housing
Act (12 U.S.C. 1715z-1(a)); rent supplement payments pursuant
to section 101 of the Housing and Urban Development Act of
1965 (12 U.S.C. 1701s); section 236(f)(2) rental assistance
payments (12 U.S.C. 1715z-1(f)(2)); project rental assistance
contracts for the elderly under section 202(c)(2) of the
Housing Act of 1959 (12 U.S.C. 1701q); project rental
assistance contracts for supportive housing for persons with
disabilities under section 811(d)(2) of the Cranston-Gonzalez
National Affordable Housing Act (42 U.S.C. 8013(d)(2));
project assistance contracts pursuant to section 202(h) of
the Housing Act of 1959 (Public Law 86-372; 73 Stat. 667);
and loans under section 202 of the Housing Act of 1959
(Public Law 86-372; 73 Stat. 667): Provided further, That
amounts recaptured under this heading, the heading ``Annual
Contributions for Assisted Housing'', or the heading
``Housing Certificate Fund'', may be used for renewals of or
amendments to section 8 project-based contracts or for
performance-based contract administrators, notwithstanding
the purposes for which such amounts were appropriated:
Provided further, That, notwithstanding any other provision
of law, upon the request of the Secretary, project funds that
are held in residual receipts accounts for any project
subject to a section 8 project-based Housing Assistance
Payments contract that authorizes the Department or a housing
finance agency to require that surplus project funds be
deposited in an interest-bearing residual receipts account
and that are in excess of an amount to be determined by the
Secretary, shall be remitted to the Department and deposited
in this account, to be available until expended: Provided
further, That amounts deposited pursuant to the preceding
proviso shall be available in addition to the amount
otherwise provided by this heading for uses authorized under
this heading: Provided further, That of the total amounts
provided under this heading, $24,373,000 shall be available
for rent adjustments as authorized by section 515(d) of the
Multifamily Assisted Housing Reform and Affordability Act of
1997 (42 U.S.C. 1437f note): Provided further, That of the
amounts made available under this heading, $3,761,875,000 is
designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
housing for the elderly
For capital advances, including amendments to capital
advance contracts, for housing for the elderly, as authorized
by section 202 of the Housing Act of 1959 (12 U.S.C. 1701q),
for project rental assistance for the elderly under section
202(c)(2) of such Act, including amendments to contracts for
such assistance and renewal of expiring contracts for such
assistance for up to a 5-year term, for senior preservation
rental assistance contracts, including renewals, as
authorized by section 811(e) of the American Homeownership
and Economic Opportunity Act of 2000 (12 U.S.C. 1701q note),
and for supportive services associated with the housing,
$795,786,000, to remain available until September 30, 2027:
Provided, That of the amount made available under this
heading, up to $88,832,000 shall be for service coordinators
and the continuation of existing congregate service grants
for residents of assisted housing projects: Provided
further, That any funding for existing service coordinators
under the preceding proviso shall be provided within 120 days
of enactment of this Act: Provided further, That the
Secretary may waive the provisions of section 202 governing
the terms and conditions of project rental assistance, except
that the initial contract term for such assistance shall not
exceed 5 years in duration: Provided further, That upon
request of the Secretary, project funds that are held in
residual receipts accounts for any project subject to a
section 202 project rental assistance contract, and that upon
termination of such contract are in excess of an amount to be
determined by the Secretary, shall be remitted to the
Department and deposited in this account, to remain available
until September 30, 2027: Provided further, That
[[Page S5013]]
amounts deposited in this account pursuant to the preceding
proviso shall be available, in addition to the amounts
otherwise provided by this heading, for the purposes
authorized under this heading: Provided further, That
unobligated balances, including recaptures and carryover,
remaining from funds transferred to or appropriated under
this heading shall be available for the current purposes
authorized under this heading in addition to the purposes for
which such funds originally were appropriated: Provided
further, That for the purposes of the preceding proviso the
Secretary may waive, or specify alternative requirements for,
any provision of section 202 of the Housing Act of 1959 (12
U.S.C. 1701q) in order to facilitate the development of such
units, except for requirements related to fair housing,
nondiscrimination, labor standards, and the environment:
Provided further, That of the total amount made available
under this heading, up to $4,442,000 shall be used by the
Secretary to support preservation transactions of housing for
the elderly originally developed with a capital advance and
assisted by a project rental assistance contract under the
provisions of section 202(c) of the Housing Act of 1959.
housing for persons with disabilities
For capital advances, including amendments to capital
advance contracts, for supportive housing for persons with
disabilities, as authorized by section 811 of the Cranston-
Gonzalez National Affordable Housing Act (42 U.S.C. 8013),
for project rental assistance for supportive housing for
persons with disabilities under section 811(d)(2) of such
Act, for project assistance contracts pursuant to subsection
(h) of section 202 of the Housing Act of 1959, as added by
section 205(a) of the Housing and Community Development
Amendments of 1978 (Public Law 95-557: 92 Stat. 2090),
including amendments to contracts for such assistance and
renewal of expiring contracts for such assistance for up to a
5-year term, for project rental assistance to State housing
finance agencies and other appropriate entities as authorized
under section 811(b)(3) of the Cranston-Gonzalez National
Affordable Housing Act, and for supportive services
associated with the housing for persons with disabilities as
authorized by section 811(b)(1) of such Act, $266,496,000, to
remain available until September 30, 2027: Provided, That,
upon the request of the Secretary, project funds that are
held in residual receipts accounts for any project subject to
a section 811 project rental assistance contract, and that
upon termination of such contract are in excess of an amount
to be determined by the Secretary, shall be remitted to the
Department and deposited in this account, to remain available
until September 30, 2027: Provided further, That amounts
deposited in this account pursuant to the preceding proviso
shall be available in addition to the amounts otherwise
provided by this heading for the purposes authorized under
this heading: Provided further, That unobligated balances,
including recaptures and carryover, remaining from funds
transferred to or appropriated under this heading shall be
used for the current purposes authorized under this heading
in addition to the purposes for which such funds originally
were appropriated.
housing counseling assistance
For contracts, grants, and other assistance excluding
loans, as authorized under section 106 of the Housing and
Urban Development Act of 1968, as amended, $42,565,000, to
remain available until September 30, 2025, including up to
$3,331,000 for administrative contract services: Provided,
That funds shall be used for providing counseling and advice
to tenants and homeowners, both current and prospective, with
respect to property maintenance, financial management or
literacy, and such other matters as may be appropriate to
assist them in improving their housing conditions, meeting
their financial needs, and fulfilling the responsibilities of
tenancy or homeownership; for program administration; and for
housing counselor training: Provided further, That for
purposes of awarding grants from amounts provided under this
heading, the Secretary may enter into multiyear agreements,
as appropriate, subject to the availability of annual
appropriations.
payment to manufactured housing fees trust fund
For necessary expenses as authorized by the National
Manufactured Housing Construction and Safety Standards Act of
1974 (42 U.S.C. 5401 et seq.), up to $10,364,000, to remain
available until expended, of which $10,364,000 shall be
derived from the Manufactured Housing Fees Trust Fund
(established under section 620(e) of such Act (42 U.S.C.
5419(e)): Provided, That not to exceed the total amount
appropriated under this heading shall be available from the
general fund of the Treasury to the extent necessary to incur
obligations and make expenditures pending the receipt of
collections to the Fund pursuant to section 620 of such Act:
Provided further, That the amount made available under this
heading from the general fund shall be reduced as such
collections are received during fiscal year 2024 so as to
result in a final fiscal year 2024 appropriation from the
general fund estimated at zero, and fees pursuant to such
section 620 shall be modified as necessary to ensure such a
final fiscal year 2024 appropriation: Provided further, That
for the dispute resolution and installation programs, the
Secretary may assess and collect fees from any program
participant: Provided further, That such collections shall
be deposited into the Trust Fund, and the Secretary, as
provided herein, may use such collections, as well as fees
collected under section 620 of such Act, for necessary
expenses of such Act: Provided further, That,
notwithstanding the requirements of section 620 of such Act,
the Secretary may carry out responsibilities of the Secretary
under such Act through the use of approved service providers
that are paid directly by the recipients of their services.
Federal Housing Administration
mutual mortgage insurance program account
New commitments to guarantee single family loans insured
under the Mutual Mortgage Insurance Fund shall not exceed
$296,106,255,000, to remain available until September 30,
2025: Provided, That during fiscal year 2024, obligations to
make direct loans to carry out the purposes of section 204(g)
of the National Housing Act, as amended, shall not exceed
$740,000: Provided further, That the foregoing amount in the
preceding proviso shall be for loans to nonprofit and
governmental entities in connection with sales of single
family real properties owned by the Secretary and formerly
insured under the Mutual Mortgage Insurance Fund: Provided
further, That for administrative contract expenses of the
Federal Housing Administration, $111,040,000, to remain
available until September 30, 2025: Provided further, That
to the extent guaranteed loan commitments exceed
$148,053,127,000 on or before April 1, 2024, an additional
$1,000 for administrative contract expenses shall be
available for each $740,000 in additional guaranteed loan
commitments (including a pro rata amount for any amount below
$740,000), but in no case shall funds made available by this
proviso exceed $22,208,000: Provided further, That
notwithstanding the limitation in the first sentence of
section 255(g) of the National Housing Act (12 U.S.C. 1715z-
20(g)), during fiscal year 2024 the Secretary may insure and
enter into new commitments to insure mortgages under section
255 of the National Housing Act only to the extent that the
net credit subsidy cost for such insurance does not exceed
zero.
general and special risk program account
New commitments to guarantee loans insured under the
General and Special Risk Insurance Funds, as authorized by
sections 238 and 519 of the National Housing Act (12 U.S.C.
1715z-3 and 1735c), shall not exceed $25,909,297,000 in total
loan principal, any part of which is to be guaranteed, to
remain available until September 30, 2025: Provided, That
during fiscal year 2024, gross obligations for the principal
amount of direct loans, as authorized by sections 204(g),
207(l), 238, and 519(a) of the National Housing Act, shall
not exceed $1,000,000, which shall be for loans to nonprofit
and governmental entities in connection with the sale of
single family real properties owned by the Secretary and
formerly insured under such Act.
Government National Mortgage Association
guarantees of mortgage-backed securities loan guarantee program account
New commitments to issue guarantees to carry out the
purposes of section 306 of the National Housing Act, as
amended (12 U.S.C. 1721(g)), shall not exceed
$666,239,074,000, to remain available until September 30,
2025: Provided, That $39,974,000, to remain available until
September 30, 2025, shall be for necessary salaries and
expenses of the Government National Mortgage Association:
Provided further, That to the extent that guaranteed loan
commitments exceed $114,741,174,000 on or before April 1,
2024, an additional $100 for necessary salaries and expenses
shall be available until expended for each $740,000 in
additional guaranteed loan commitments (including a pro rata
amount for any amount below $740,000), but in no case shall
funds made available by this proviso exceed $2,221,000:
Provided further, That receipts from Commitment and
Multiclass fees collected pursuant to title III of the
National Housing Act (12 U.S.C. 1716 et seq.) shall be
credited as offsetting collections to this account.
Policy Development and Research
research and technology
For contracts, grants, and necessary expenses of programs
of research and studies relating to housing and urban
problems, not otherwise provided for, as authorized by title
V of the Housing and Urban Development Act of 1970 (12 U.S.C.
1701z-1 et seq.), including carrying out the functions of the
Secretary of Housing and Urban Development under section
1(a)(1)(i) of Reorganization Plan No. 2 of 1968, and for
technical assistance, $92,829,000, to remain available until
September 30, 2025: Provided, That with respect to amounts
made available under this heading, notwithstanding section
203 of this title, the Secretary may enter into cooperative
agreements with philanthropic entities, other Federal
agencies, State or local governments and their agencies,
Indian Tribes, tribally designated housing entities, colleges
or universities, or international organizations for research
projects: Provided further, That with respect to the
preceding proviso, such partners to the cooperative
agreements shall contribute at least a 50 percent match
toward the cost of the project: Provided further, That for
non-competitive agreements entered into in accordance with
the preceding two provisos, the Secretary shall comply with
section 2(b) of the Federal
[[Page S5014]]
Funding Accountability and Transparency Act of 2006 (Public
Law 109-282, 31 U.S.C. note) in lieu of compliance with
section 102(a)(4)(C) of the Department of Housing and Urban
Development Reform Act of 1989 (42 U.S.C. 3545(a)(4)(C)) with
respect to documentation of award decisions: Provided
further, That prior to obligation of technical assistance
funding, the Secretary shall submit a plan to the House and
Senate Committees on Appropriations on how the Secretary will
allocate funding for this activity at least 30 days prior to
obligation: Provided further, That none of the funds
provided under this heading may be available for the doctoral
dissertation research grant program: Provided further, That
an additional $14,805,000, to remain available until
September 30, 2026, shall be for competitive grants to
nonprofit or governmental entities to provide legal
assistance (including assistance related to pretrial
activities, trial activities, post-trial activities and
alternative dispute resolution) at no cost to eligible low-
income tenants at risk of or subject to eviction: Provided
further, That in awarding grants under the preceding proviso,
the Secretary shall give preference to applicants that
include a marketing strategy for residents of areas with high
rates of eviction, have experience providing no-cost legal
assistance to low-income individuals, including those with
limited English proficiency or disabilities, and have
sufficient capacity to administer such assistance: Provided
further, That the Secretary shall ensure, to the extent
practicable, that the proportion of eligible tenants living
in rural areas who will receive legal assistance with grant
funds made available under this heading is not less than the
overall proportion of eligible tenants who live in rural
areas.
Fair Housing and Equal Opportunity
fair housing activities
For contracts, grants, and other assistance, not otherwise
provided for, as authorized by title VIII of the Civil Rights
Act of 1968 (42 U.S.C. 3601 et seq.), and section 561 of the
Housing and Community Development Act of 1987 (42 U.S.C.
3616a), $63,926,000, to remain available until September 30,
2025: Provided, That notwithstanding section 3302 of title
31, United States Code, the Secretary may assess and collect
fees to cover the costs of the Fair Housing Training Academy,
and may use such funds to develop on-line courses and provide
such training: Provided further, That none of the funds made
available under this heading may be used to lobby the
executive or legislative branches of the Federal Government
in connection with a specific contract, grant, or loan:
Provided further, That of the funds made available under this
heading, $1,003,000 shall be available to the Secretary for
the creation and promotion of translated materials and other
programs that support the assistance of persons with limited
English proficiency in utilizing the services provided by the
Department of Housing and Urban Development.
Office of Lead Hazard Control and Healthy Homes
lead hazard reduction
(including transfer of funds)
For the Lead Hazard Reduction Program, as authorized by
section 1011 of the Residential Lead-Based Paint Hazard
Reduction Act of 1992 (42 U.S.C. 4852), the Healthy Homes
Initiative, pursuant to sections 501 and 502 of the Housing
and Urban Development Act of 1970 (12 U.S.C. 1701z-1 and
1701z-2), and for related activities and assistance,
$259,093,000, to remain available until September 30, 2026:
Provided, That the amounts made available under this heading
are provided as follows--
(1) $181,365,000 shall be for the award of grants pursuant
to such section 1011, of which not less than $77,728,000shall
be provided to areas with the highest lead-based paint
abatement needs;
(2) $77,728,000 shall be for the Healthy Homes Initiative,
pursuant to sections 501 and 502 of the Housing and Urban
Development Act of 1970, which shall include research,
studies, testing, and demonstration efforts, including
education and outreach concerning lead-based paint poisoning
and other housing-related diseases and hazards, and
mitigating housing-related health and safety hazards in
housing of low-income families, of which--
(A) $3,701,000shall be for the implementation of projects
in communities that are served by both the Healthy Homes
Initiative and the Department of Energy weatherization
programs to demonstrate whether the coordination of Healthy
Homes remediation activities with weatherization activities
achieves cost savings and better outcomes in improving the
safety and quality of homes; and
(B) $22,208,000 shall be for grants to experienced non-
profit organizations, States, local governments, or public
housing agencies for safety and functional home modification
repairs and renovations to meet the needs of low-income
seniors to enable them to remain in their primary residence:
Provided, That of the total amount made available under this
subparagraph no less than $7,403,000 shall be available to
meet such needs in communities with substantial rural
populations; and
(3) Up to $1,481,000 in total of the amounts made available
under paragraph (2) may be transferred to the heading
``Research and Technology'' for the purposes of conducting
research and studies and for use in accordance with the
provisos under that heading for non-competitive agreements:
Provided further, That for purposes of environmental
review, pursuant to the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) and other provisions of law
that further the purposes of such Act, a grant under the
Healthy Homes Initiative, or the Lead Technical Studies
program, or other demonstrations or programs under this
heading or under prior appropriations Acts for such purposes
under this heading, or under the heading ``Housing for the
Elderly'' under prior Appropriations Acts, shall be
considered to be funds for a special project for purposes of
section 305(c) of the Multifamily Housing Property
Disposition Reform Act of 1994: Provided further, That each
applicant for a grant or cooperative agreement under this
heading shall certify adequate capacity that is acceptable to
the Secretary to carry out the proposed use of funds pursuant
to a notice of funding opportunity: Provided further, That
amounts made available under this heading, except for amounts
in paragraph (2)(B) for home modification repairs and
renovations, in this or prior appropriations Acts, still
remaining available, may be used for any purpose under this
heading notwithstanding the purpose for which such amounts
were appropriated if a program competition is undersubscribed
and there are other program competitions under this heading
that are oversubscribed.
Information Technology Fund
For Department-wide and program-specific information
technology systems and infrastructure, $277,415,000, to
remain available until September 30, 2026, of which up to
$17,729,000 shall be for development, modernization, and
enhancement projects, including planning for such projects:
Provided, That not later than 30 days after the end of each
quarter, the Secretary shall brief the House and Senate
Committees on Appropriations on all information technology
modernization efforts as required by the report accompanying
this Act.
Office of Inspector General
For necessary salaries and expenses of the Office of
Inspector General in carrying out the Inspector General Act
of 1978, as amended, $113,204,000: Provided, That the
Inspector General shall have independent authority over all
personnel issues within this office.
General Provisions--Department of Housing and Urban Development
(including rescissions)
(including transfer of funds)
Sec. 201. Fifty percent of the amounts of budget
authority, or in lieu thereof 50 percent of the cash amounts
associated with such budget authority, that are recaptured
from projects described in section 1012(a) of the Stewart B.
McKinney Homeless Assistance Amendments Act of 1988 (42
U.S.C. 1437f note) shall be rescinded or in the case of cash,
shall be remitted to the Treasury, and such amounts of budget
authority or cash recaptured and not rescinded or remitted to
the Treasury shall be used by State housing finance agencies
or local governments or local housing agencies with projects
approved by the Secretary of Housing and Urban Development
for which settlement occurred after January 1, 1992, in
accordance with such section. Notwithstanding the previous
sentence, the Secretary may award up to 15 percent of the
budget authority or cash recaptured and not rescinded or
remitted to the Treasury to provide project owners with
incentives to refinance their project at a lower interest
rate.
Sec. 202. None of the funds made available by this Act may
be used to investigate or prosecute under the Fair Housing
Act any otherwise lawful activity engaged in by one or more
persons, including the filing or maintaining of a
nonfrivolous legal action, that is engaged in solely for the
purpose of achieving or preventing action by a Government
official or entity, or a court of competent jurisdiction.
Sec. 203. Except as explicitly provided in law, any grant,
cooperative agreement or other assistance made pursuant to
title II of this Act shall be made on a competitive basis and
in accordance with section 102 of the Department of Housing
and Urban Development Reform Act of 1989 (42 U.S.C. 3545).
Sec. 204. Funds of the Department of Housing and Urban
Development subject to the Government Corporation Control Act
or section 402 of the Housing Act of 1950 shall be available,
without regard to the limitations on administrative expenses,
for legal services on a contract or fee basis, and for
utilizing and making payment for services and facilities of
the Federal National Mortgage Association, Government
National Mortgage Association, Federal Home Loan Mortgage
Corporation, Federal Financing Bank, Federal Reserve banks or
any member thereof, Federal Home Loan banks, and any insured
bank within the meaning of the Federal Deposit Insurance
Corporation Act, as amended (12 U.S.C. 1811-1).
Sec. 205. Unless otherwise provided for in this Act or
through a reprogramming of funds, no part of any
appropriation for the Department of Housing and Urban
Development shall be available for any program, project or
activity in excess of amounts set forth in the budget
estimates submitted to Congress.
Sec. 206. Corporations and agencies of the Department of
Housing and Urban Development which are subject to the
Government Corporation Control Act are hereby authorized to
make such expenditures, within the limits of funds and
borrowing authority available to each such corporation or
agency and in accordance with law, and to make such contracts
and commitments without regard to fiscal year limitations as
provided by
[[Page S5015]]
section 104 of such Act as may be necessary in carrying out
the programs set forth in the budget for 2024 for such
corporation or agency except as hereinafter provided:
Provided, That collections of these corporations and agencies
may be used for new loan or mortgage purchase commitments
only to the extent expressly provided for in this Act (unless
such loans are in support of other forms of assistance
provided for in this or prior appropriations Acts), except
that this proviso shall not apply to the mortgage insurance
or guaranty operations of these corporations, or where loans
or mortgage purchases are necessary to protect the financial
interest of the United States Government.
Sec. 207. The Secretary shall provide quarterly reports to
the House and Senate Committees on Appropriations regarding
all uncommitted, unobligated, recaptured and excess funds in
each program and activity within the jurisdiction of the
Department and shall submit additional, updated budget
information to these Committees upon request.
Sec. 208. None of the funds made available by this title
may be used for an audit of the Government National Mortgage
Association that makes applicable requirements under the
Federal Credit Reform Act of 1990 (2 U.S.C. 661 et seq.).
Sec. 209. (a) Notwithstanding any other provision of law,
subject to the conditions listed under this section, for
fiscal years 2024 and 2025, the Secretary of Housing and
Urban Development may authorize the transfer of some or all
project-based assistance, debt held or insured by the
Secretary and statutorily required low-income and very low-
income use restrictions if any, associated with one or more
multifamily housing project or projects to another
multifamily housing project or projects.
(b) Phased Transfers.--Transfers of project-based
assistance under this section may be done in phases to
accommodate the financing and other requirements related to
rehabilitating or constructing the project or projects to
which the assistance is transferred, to ensure that such
project or projects meet the standards under subsection (c).
(c) The transfer authorized in subsection (a) is subject to
the following conditions:
(1) Number and bedroom size of units.--
(A) For occupied units in the transferring project: The
number of low-income and very low-income units and the
configuration (i.e., bedroom size) provided by the
transferring project shall be no less than when transferred
to the receiving project or projects and the net dollar
amount of Federal assistance provided to the transferring
project shall remain the same in the receiving project or
projects.
(B) For unoccupied units in the transferring project: The
Secretary may authorize a reduction in the number of dwelling
units in the receiving project or projects to allow for a
reconfiguration of bedroom sizes to meet current market
demands, as determined by the Secretary and provided there is
no increase in the project-based assistance budget authority.
(2) The transferring project shall, as determined by the
Secretary, be either physically obsolete or economically
nonviable, or be reasonably expected to become economically
nonviable when complying with State or Federal requirements
for community integration and reduced concentration of
individuals with disabilities.
(3) The receiving project or projects shall meet or exceed
applicable physical standards established by the Secretary.
(4) The owner or mortgagor of the transferring project
shall notify and consult with the tenants residing in the
transferring project and provide a certification of approval
by all appropriate local governmental officials.
(5) The tenants of the transferring project who remain
eligible for assistance to be provided by the receiving
project or projects shall not be required to vacate their
units in the transferring project or projects until new units
in the receiving project are available for occupancy.
(6) The Secretary determines that this transfer is in the
best interest of the tenants.
(7) If either the transferring project or the receiving
project or projects meets the condition specified in
subsection (d)(2)(A), any lien on the receiving project
resulting from additional financing obtained by the owner
shall be subordinate to any FHA-insured mortgage lien
transferred to, or placed on, such project by the Secretary,
except that the Secretary may waive this requirement upon
determination that such a waiver is necessary to facilitate
the financing of acquisition, construction, and/or
rehabilitation of the receiving project or projects.
(8) If the transferring project meets the requirements of
subsection (d)(2), the owner or mortgagor of the receiving
project or projects shall execute and record either a
continuation of the existing use agreement or a new use
agreement for the project where, in either case, any use
restrictions in such agreement are of no lesser duration than
the existing use restrictions.
(9) The transfer does not increase the cost (as defined in
section 502 of the Congressional Budget Act of 1974 (2 U.S.C.
661a)) of any FHA-insured mortgage, except to the extent that
appropriations are provided in advance for the amount of any
such increased cost.
(d) For purposes of this section--
(1) the terms ``low-income'' and ``very low-income'' shall
have the meanings provided by the statute and/or regulations
governing the program under which the project is insured or
assisted;
(2) the term ``multifamily housing project'' means housing
that meets one of the following conditions--
(A) housing that is subject to a mortgage insured under the
National Housing Act;
(B) housing that has project-based assistance attached to
the structure including projects undergoing mark to market
debt restructuring under the Multifamily Assisted Housing
Reform and Affordability Housing Act;
(C) housing that is assisted under section 202 of the
Housing Act of 1959 (12 U.S.C. 1701q);
(D) housing that is assisted under section 202 of the
Housing Act of 1959 (12 U.S.C. 1701q), as such section
existed before the enactment of the Cranston-Gonzales
National Affordable Housing Act;
(E) housing that is assisted under section 811 of the
Cranston-Gonzales National Affordable Housing Act (42 U.S.C.
8013); or
(F) housing or vacant land that is subject to a use
agreement;
(3) the term ``project-based assistance'' means--
(A) assistance provided under section 8(b) of the United
States Housing Act of 1937 (42 U.S.C. 1437f(b));
(B) assistance for housing constructed or substantially
rehabilitated pursuant to assistance provided under section
8(b)(2) of such Act (as such section existed immediately
before October 1, 1983);
(C) rent supplement payments under section 101 of the
Housing and Urban Development Act of 1965 (12 U.S.C. 1701s);
(D) interest reduction payments under section 236 and/or
additional assistance payments under section 236(f)(2) of the
National Housing Act (12 U.S.C. 1715z-1);
(E) assistance payments made under section 202(c)(2) of the
Housing Act of 1959 (12 U.S.C. 1701q(c)(2)); and
(F) assistance payments made under section 811(d)(2) of the
Cranston-Gonzalez National Affordable Housing Act (42 U.S.C.
8013(d)(2));
(4) the term ``receiving project or projects'' means the
multifamily housing project or projects to which some or all
of the project-based assistance, debt, and statutorily
required low-income and very low-income use restrictions are
to be transferred;
(5) the term ``transferring project'' means the multifamily
housing project which is transferring some or all of the
project-based assistance, debt, and the statutorily required
low-income and very low-income use restrictions to the
receiving project or projects; and
(6) the term ``Secretary'' means the Secretary of Housing
and Urban Development.
(e) Research Report.--The Secretary shall conduct an
evaluation of the transfer authority under this section,
including the effect of such transfers on the operational
efficiency, contract rents, physical and financial
conditions, and long-term preservation of the affected
properties.
Sec. 210. (a) No assistance shall be provided under section
8 of the United States Housing Act of 1937 (42 U.S.C. 1437f)
to any individual who--
(1) is enrolled as a student at an institution of higher
education (as defined under section 102 of the Higher
Education Act of 1965 (20 U.S.C. 1002));
(2) is under 24 years of age;
(3) is not a veteran;
(4) is unmarried;
(5) does not have a dependent child;
(6) is not a person with disabilities, as such term is
defined in section 3(b)(3)(E) of the United States Housing
Act of 1937 (42 U.S.C. 1437a(b)(3)(E)) and was not receiving
assistance under such section 8 as of November 30, 2005;
(7) is not a youth who left foster care at age 14 or older
and is at risk of becoming homeless; and
(8) is not otherwise individually eligible, or has parents
who, individually or jointly, are not eligible, to receive
assistance under section 8 of the United States Housing Act
of 1937 (42 U.S.C. 1437f).
(b) For purposes of determining the eligibility of a person
to receive assistance under section 8 of the United States
Housing Act of 1937 (42 U.S.C. 1437f), any financial
assistance (in excess of amounts received for tuition and any
other required fees and charges) that an individual receives
under the Higher Education Act of 1965 (20 U.S.C. 1001 et
seq.), from private sources, or from an institution of higher
education (as defined under section 102 of the Higher
Education Act of 1965 (20 U.S.C. 1002)), shall be considered
income to that individual, except for a person over the age
of 23 with dependent children.
Sec. 211. The funds made available for Native Alaskans
under paragraph (1) under the heading ``Native American
Programs'' in title II of this Act shall be allocated to the
same Native Alaskan housing block grant recipients that
received funds in fiscal year 2005, and only such recipients
shall be eligible to apply for funds made available under
paragraph (2) of such heading.
Sec. 212. Notwithstanding any other provision of law, in
fiscal year 2024, in managing and disposing of any
multifamily property that is owned or has a mortgage held by
the Secretary of Housing and Urban Development, and during
the process of foreclosure on any property with a contract
for rental assistance payments under section 8 of the United
States Housing Act of 1937 (42 U.S.C. 1437f) or any other
Federal programs, the
[[Page S5016]]
Secretary shall maintain any rental assistance payments under
section 8 of the United States Housing Act of 1937 and other
programs that are attached to any dwelling units in the
property. To the extent the Secretary determines, in
consultation with the tenants and the local government that
such a multifamily property owned or having a mortgage held
by the Secretary is not feasible for continued rental
assistance payments under such section 8 or other programs,
based on consideration of (1) the costs of rehabilitating and
operating the property and all available Federal, State, and
local resources, including rent adjustments under section 524
of the Multifamily Assisted Housing Reform and Affordability
Act of 1997 (in this section ``MAHRAA'') (42 U.S.C. 1437f
note), and (2) environmental conditions that cannot be
remedied in a cost-effective fashion, the Secretary may, in
consultation with the tenants of that property, contract for
project-based rental assistance payments with an owner or
owners of other existing housing properties, or provide other
rental assistance. The Secretary shall also take appropriate
steps to ensure that project-based contracts remain in effect
prior to foreclosure, subject to the exercise of contractual
abatement remedies to assist relocation of tenants for
imminent major threats to health and safety after written
notice to and informed consent of the affected tenants and
use of other available remedies, such as partial abatements
or receivership. After disposition of any multifamily
property described in this section, the contract and
allowable rent levels on such properties shall be subject to
the requirements under section 524 of MAHRAA.
Sec. 213. Public housing agencies that own and operate 400
or fewer public housing units may elect to be exempt from any
asset management requirement imposed by the Secretary in
connection with the operating fund rule: Provided, That an
agency seeking a discontinuance of a reduction of subsidy
under the operating fund formula shall not be exempt from
asset management requirements.
Sec. 214. With respect to the use of amounts provided in
this Act and in future Acts for the operation, capital
improvement, and management of public housing as authorized
by sections 9(d) and 9(e) of the United States Housing Act of
1937 (42 U.S.C. 1437g(d), (e)), the Secretary shall not
impose any requirement or guideline relating to asset
management that restricts or limits in any way the use of
capital funds for central office costs pursuant to paragraph
(1) or (2) of section 9(g) of the United States Housing Act
of 1937 (42 U.S.C. 1437g(g)(1), (2)): Provided, That a
public housing agency may not use capital funds authorized
under section 9(d) for activities that are eligible under
section 9(e) for assistance with amounts from the operating
fund in excess of the amounts permitted under paragraph (1)
or (2) of section 9(g).
Sec. 215. No official or employee of the Department of
Housing and Urban Development shall be designated as an
allotment holder unless the Office of the Chief Financial
Officer has determined that such allotment holder has
implemented an adequate system of funds control and has
received training in funds control procedures and directives.
The Chief Financial Officer shall ensure that there is a
trained allotment holder for each HUD appropriation under the
accounts ``Executive Offices'', ``Administrative Support
Offices'', ``Program Offices'', ``Government National
Mortgage Association--Guarantees of Mortgage-Backed
Securities Loan Guarantee Program Account'', and ``Office of
Inspector General'' within the Department of Housing and
Urban Development.
Sec. 216. The Secretary shall, for fiscal year 2024,
notify the public through the Federal Register and other
means, as determined appropriate, of the issuance of a notice
of the availability of assistance or notice of funding
opportunity (NOFO) for any program or discretionary fund
administered by the Secretary that is to be competitively
awarded. Notwithstanding any other provision of law, for
fiscal year 2024, the Secretary may make the NOFO available
only on the Internet at the appropriate Government website or
through other electronic media, as determined by the
Secretary.
Sec. 217. Payment of attorney fees in program-related
litigation shall be paid from the individual program office
and Office of General Counsel salaries and expenses
appropriations.
Sec. 218. The Secretary is authorized to transfer up to 10
percent or $3,701,000, whichever is less, of funds
appropriated for any office under the headings
``Administrative Support Offices'' or ``Program Offices'' to
any other such office under such headings: Provided, That no
appropriation for any such office under such headings shall
be increased or decreased by more than 10 percent or
$3,701,000, whichever is less, without prior written approval
of the House and Senate Committees on Appropriations:
Provided further, That the Secretary shall provide
notification to such Committees 3 business days in advance of
any such transfers under this section up to 10 percent or
$3,701,000, whichever is less.
Sec. 219. (a) Any entity receiving housing assistance
payments shall maintain decent, safe, and sanitary
conditions, as determined by the Secretary, and comply with
any standards under applicable State or local laws, rules,
ordinances, or regulations relating to the physical condition
of any property covered under a housing assistance payment
contract.
(b) The Secretary shall take action under subsection (c)
when a multifamily housing project with a contract under
section 8 of the United States Housing Act of 1937 (42 U.S.C.
1437f) or a contract for similar project-based assistance--
(1) receives a failing score under the Uniform Physical
Condition Standards (UPCS) or successor standard; or
(2) fails to certify in writing to the Secretary within 3
days that all Exigent Health and Safety deficiencies, or
those deficiencies requiring correction within 24 hours,
identified by the inspector at the project have been
corrected.
Such requirements shall apply to insured and noninsured
projects with assistance attached to the units under section
8 of the United States Housing Act of 1937 (42 U.S.C. 1437f),
but shall not apply to such units assisted under section
8(o)(13) of such Act (42 U.S.C. 1437f(o)(13)) or to public
housing units assisted with capital or operating funds under
section 9 of the United States Housing Act of 1937 (42 U.S.C.
1437g).
(c)(1) Within 15 days of the issuance of the Real Estate
Assessment Center (``REAC'') inspection, the Secretary shall
provide the owner with a Notice of Default with a specified
timetable, determined by the Secretary, for correcting all
deficiencies. The Secretary shall provide a copy of the
Notice of Default to the tenants, the local government, any
mortgagees, and any contract administrator. If the owner's
appeal results in a passing score, the Secretary may withdraw
the Notice of Default.
(2) At the end of the time period for correcting all
deficiencies specified in the Notice of Default, if the owner
fails to fully correct such deficiencies, the Secretary may--
(A) require immediate replacement of project management
with a management agent approved by the Secretary;
(B) impose civil money penalties, which shall be used
solely for the purpose of supporting safe and sanitary
conditions at applicable properties, as designated by the
Secretary, with priority given to the tenants of the property
affected by the penalty;
(C) abate the section 8 contract, including partial
abatement, as determined by the Secretary, until all
deficiencies have been corrected;
(D) pursue transfer of the project to an owner, approved by
the Secretary under established procedures, who will be
obligated to promptly make all required repairs and to accept
renewal of the assistance contract if such renewal is
offered;
(E) transfer the existing section 8 contract to another
project or projects and owner or owners;
(F) pursue exclusionary sanctions, including suspensions or
debarments from Federal programs;
(G) seek judicial appointment of a receiver to manage the
property and cure all project deficiencies or seek a judicial
order of specific performance requiring the owner to cure all
project deficiencies;
(H) work with the owner, lender, or other related party to
stabilize the property in an attempt to preserve the property
through compliance, transfer of ownership, or an infusion of
capital provided by a third-party that requires time to
effectuate; or
(I) take any other regulatory or contractual remedies
available as deemed necessary and appropriate by the
Secretary.
(d) The Secretary shall take appropriate steps to ensure
that project-based contracts remain in effect, subject to the
exercise of contractual abatement remedies to assist
relocation of tenants for major threats to health and safety
after written notice to the affected tenants. To the extent
the Secretary determines, in consultation with the tenants
and the local government, that the property is not feasible
for continued rental assistance payments under such section 8
or other programs, based on consideration of--
(1) the costs of rehabilitating and operating the property
and all available Federal, State, and local resources,
including rent adjustments under section 524 of the
Multifamily Assisted Housing Reform and Affordability Act of
1997 (``MAHRAA''); and
(2) environmental conditions that cannot be remedied in a
cost-effective fashion, the Secretary may contract for
project-based rental assistance payments with an owner or
owners of other existing housing properties, or provide other
rental assistance.
(e) The Secretary shall report semi-annually on all
properties covered by this section that are assessed through
the Real Estate Assessment Center and have failing physical
inspection scores or have received an unsatisfactory
management and occupancy review within the past 36 months.
The report shall include--
(1) identification of the enforcement actions being taken
to address such conditions, including imposition of civil
money penalties and termination of subsidies, and
identification of properties that have such conditions
multiple times;
(2) identification of actions that the Department of
Housing and Urban Development is taking to protect tenants of
such identified properties; and
(3) any administrative or legislative recommendations to
further improve the living conditions at properties covered
under a housing assistance payment contract.
The first report shall be submitted to the Senate and House
Committees on Appropriations not later than 30 days after the
enactment of this Act, and the second report shall be
submitted within 180 days of the transmittal of the first
report.
Sec. 220. None of the funds made available by this Act, or
any other Act, for purposes
[[Page S5017]]
authorized under section 8 (only with respect to the tenant-
based rental assistance program) and section 9 of the United
States Housing Act of 1937 (42 U.S.C. 1437 et seq.), may be
used by any public housing agency for any amount of salary,
including bonuses, for the chief executive officer of which,
or any other official or employee of which, that exceeds the
annual rate of basic pay payable for a position at level IV
of the Executive Schedule at any time during any public
housing agency fiscal year 2024.
Sec. 221. None of the funds made available by this Act and
provided to the Department of Housing and Urban Development
may be used to make a grant award unless the Secretary
notifies the House and Senate Committees on Appropriations
not less than 3 full business days before any project, State,
locality, housing authority, Tribe, nonprofit organization,
or other entity selected to receive a grant award is
announced by the Department or its offices: Provided, That
such notification shall list each grant award by State and
congressional district.
Sec. 222. None of the funds made available in this Act
shall be used by the Federal Housing Administration, the
Government National Mortgage Association, or the Department
of Housing and Urban Development to insure, securitize, or
establish a Federal guarantee of any mortgage or mortgage
backed security that refinances or otherwise replaces a
mortgage that has been subject to eminent domain condemnation
or seizure, by a State, municipality, or any other political
subdivision of a State.
Sec. 223. None of the funds made available by this Act may
be used to terminate the status of a unit of general local
government as a metropolitan city (as defined in section 102
of the Housing and Community Development Act of 1974 (42
U.S.C. 5302)) with respect to grants under section 106 of
such Act (42 U.S.C. 5306).
Sec. 224. Amounts made available by this Act that are
appropriated, allocated, advanced on a reimbursable basis, or
transferred to the Office of Policy Development and Research
of the Department of Housing and Urban Development and
functions thereof, for research, evaluation, or statistical
purposes, and that are unexpended at the time of completion
of a contract, grant, or cooperative agreement, may be
deobligated and shall immediately become available and may be
reobligated in that fiscal year or the subsequent fiscal year
for the research, evaluation, or statistical purposes for
which the amounts are made available to that Office subject
to reprogramming requirements in section 405 of this Act.
Sec. 225. None of the funds provided in this Act or any
other Act may be used for awards, including performance,
special act, or spot, for any employee of the Department of
Housing and Urban Development subject to administrative
discipline (including suspension from work), in this fiscal
year, but this prohibition shall not be effective prior to
the effective date of any such administrative discipline or
after any final decision over-turning such discipline.
Sec. 226. With respect to grant amounts awarded under the
heading ``Homeless Assistance Grants'' for fiscal years 2015
through 2024 for the Continuum of Care (CoC) program as
authorized under subtitle C of title IV of the McKinney-Vento
Homeless Assistance Act, costs paid by program income of
grant recipients may count toward meeting the recipient's
matching requirements, provided the costs are eligible CoC
costs that supplement the recipient's CoC program.
Sec. 227. (a) From amounts made available under this title
under the heading ``Homeless Assistance Grants'', the
Secretary may award 1-year transition grants to recipients of
funds for activities under subtitle C of the McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11381 et seq.) to
transition from one Continuum of Care program component to
another.
(b) In order to be eligible to receive a transition grant,
the funding recipient must have the consent of the continuum
of care and meet standards determined by the Secretary.
Sec. 228. The Promise Zone designations and Promise Zone
Designation Agreements entered into pursuant to such
designations, made by the Secretary in prior fiscal years,
shall remain in effect in accordance with the terms and
conditions of such agreements.
Sec. 229. None of the amounts made available in this Act
may be used to consider Family Self-Sufficiency performance
measures or performance scores in determining funding awards
for programs receiving Family Self-Sufficiency program
coordinator funding provided in this Act.
Sec. 230. Any public housing agency designated as a Moving
to Work agency pursuant to section 239 of division L of
Public Law 114-113 (42 U.S.C. 1437f note; 129 Stat. 2897)
may, upon such designation, use funds (except for special
purpose funding, including special purpose vouchers)
previously allocated to any such public housing agency under
section 8 or 9 of the United States Housing Act of 1937,
including any reserve funds held by the public housing agency
or funds held by the Department of Housing and Urban
Development, pursuant to the authority for use of section 8
or 9 funding provided under such section and section 204 of
title II of the Departments of Veterans Affairs and Housing
and Urban Development and Independent Agencies Appropriations
Act, 1996 (Public Law 104-134; 110 Stat. 1321-28),
notwithstanding the purposes for which such funds were
appropriated.
Sec. 231. None of the amounts made available by this Act
may be used to prohibit any public housing agency under
receivership or the direction of a Federal monitor from
applying for, receiving, or using funds made available under
the heading ``Public Housing Fund'' for competitive grants to
evaluate and reduce lead-based paint hazards in this Act or
that remain available and not awarded from prior Acts, or be
used to prohibit a public housing agency from using such
funds to carry out any required work pursuant to a settlement
agreement, consent decree, voluntary agreement, or similar
document for a violation of the Lead Safe Housing or Lead
Disclosure Rules.
Sec. 232. (a) Funds previously made available in the
Consolidated Appropriations Act, 2017 (Public Law 115-31) for
the ``Choice Neighborhoods Initiative'' that were available
for obligation through fiscal year 2019 are to remain
available through fiscal year 2025 for the liquidation of
valid obligations incurred in fiscal years 2017 through 2019.
(b) Funds previously made available in the Consolidated
Appropriations Act, 2018 (Public Law 115-141) for the
``Choice Neighborhoods Initiative'' that were available for
obligation through fiscal year 2020 are to remain available
through fiscal year 2026 for the liquidation of valid
obligations incurred in fiscal years 2018 through 2020.
(c) Funds previously made available in the Consolidated
Appropriations Act, 2019 (Public Law 116-6) for the ``Choice
Neighborhoods Initiative'' that were available for obligation
through fiscal year 2021 are to remain available through
fiscal year 2027 for the liquidation of valid obligations
incurred in fiscal years 2019 through 2021.
(d) Funds previously made available in the Further
Consolidated Appropriations Act, 2020 (Public Law 116-94) for
the ``Choice Neighborhoods Initiative'' that were available
for obligation through fiscal year 2022 are to remain
available through fiscal year 2028 for the liquidation of
valid obligations incurred in fiscal years 2020 through 2022.
(e) Funds previously made available in the Consolidated
Appropriations Act, 2021 (Public Law 116-260) for the
``Choice Neighborhoods Initiative'' that were available for
obligation through fiscal year 2023 are to remain available
through fiscal year 2029 for the liquidation of valid
obligations incurred in fiscal years 2021 through 2023.
Sec. 233. None of the funds made available by this Act may
be used by the Department of Housing and Urban Development to
direct a grantee to undertake specific changes to existing
zoning laws as part of carrying out the final rule entitled
``Affirmatively Furthering Fair Housing'' (80 Fed. Reg. 42272
(July 16, 2015)) or the notice entitled ``Affirmatively
Furthering Fair Housing Assessment Tool'' (79 Fed. Reg. 57949
(September 26, 2014)).
Sec. 234. For fiscal year 2024, if the Secretary
determines or has determined, for any prior formula grant
allocation administered by the Secretary through the Offices
of Public and Indian Housing, Community Planning and
Development, or Housing, that a recipient received an
allocation greater than the amount such recipient should have
received for a formula allocation cycle pursuant to
applicable statutes and regulations, the Secretary may adjust
for any such funding error in the next applicable formula
allocation cycle by (a) offsetting each such recipient's
formula allocation (if eligible for a formula allocation in
the next applicable formula allocation cycle) by the amount
of any such funding error, and (b) reallocating any available
balances that are attributable to the offset to the recipient
or recipients that would have been allocated additional funds
in the formula allocation cycle in which any such error
occurred (if such recipient or recipients are eligible for a
formula allocation in the next applicable formula allocation
cycle) in an amount proportionate to such recipient's
eligibility under the next applicable formula allocation
cycle: Provided, That all offsets and reallocations from
such available balances shall be recorded against funds
available for the next applicable formula allocation cycle:
Provided further, That the term ``next applicable formula
allocation cycle'' means the first formula allocation cycle
for a program that is reasonably available for correction
following such a Secretarial determination: Provided
further, That if, upon request by a recipient and giving
consideration to all Federal resources available to the
recipient for the same grant purposes, the Secretary
determines that the offset in the next applicable formula
allocation cycle would critically impair the recipient's
ability to accomplish the purpose of the formula grant, the
Secretary may adjust for the funding error across two or more
formula allocation cycles.
Sec. 235. The Secretary may transfer from amounts made
available for salaries and expenses under this title
(excluding amounts made available under the heading ``Office
of Inspector General'') up to $370,000 from each office to
the heading ``Information Technology Fund'' for information
technology needs, including for additional development,
modernization, and enhancement, to remain available until
September 30, 2025: Provided, That the total amount of such
transfers shall not exceed $3,701,000: Provided further,
That this transfer authority shall not be used to fund
information technology projects or activities that have known
out-year development, modernization, or enhancement costs in
excess of $370,000: Provided further, That the Secretary
shall provide notification to the House and Senate Committees
on Appropriations no fewer than three business days in
advance of any such transfer.
[[Page S5018]]
Sec. 236. (a) Funds previously made available in the
Consolidated Appropriations Act, 2017 (Public Law 115-31) for
``Lead Hazard Reduction'' that were available for obligation
through fiscal year 2018 are to remain available through
fiscal year 2025 for the liquidation of valid obligations
incurred in fiscal years 2017 through 2018.
(b) Funds previously made available in the Consolidated
Appropriations Act, 2018 (Public Law 115-141) for ``Lead
Hazard Reduction'' that were available for obligation through
fiscal year 2019 are to remain available through fiscal year
2026 for the liquidation of valid obligations incurred in
fiscal years 2018 through 2019.
Sec. 237. The Secretary shall comply with all process
requirements, including public notice and comment, when
seeking to revise any annual contributions contract.
Sec. 238. (a) Of the unobligated balances remaining from
amounts made available under the heading ``Lead Hazard
Reduction'' in title II of division L of the Consolidated
Appropriations Act, 2022 (Public Law 117-103), $65,000,000 is
hereby rescinded, which shall be applied to the funds
remaining available for activities under paragraph (1) under
such heading (excluding amounts for areas with the highest
lead-based paint abatement needs).
(b) Of the unobligated balances remaining from amounts made
available under the heading ``Lead Hazard Reduction'' in
title II of division L of the Consolidated Appropriations
Act, 2022 (Public Law 117-103) and in title II of division L
of the Consolidated Appropriations Act, 2023 (Public Law 117-
328), $49,400,000 is hereby rescinded, which shall be applied
to the funds remaining available for activities under
paragraph (5) under such headings.
(c) Of the unobligated balances remaining from amounts made
available under the heading ``Public Housing Fund'' in title
II of division L of the Consolidated Appropriations Act, 2023
(Public Law 117-328), $20,000,000 is hereby rescinded, which
shall be applied to the funds remaining available for
activities under paragraph (7) under such heading.
(d) Any unobligated balances (including any unobligated
balances of contract authority) as of the date of enactment
of this Act included under Treasury Appropriation Fund
Symbols 86 X 0129, 86 X 0148, 86 X 0197, 86 X 0314, 86 X
0315, 86 X 0324, 86 X 0402, 86 X 4058 and 86 X 8093 are
hereby rescinded.
Sec. 239. The language under the heading ``Rental
Assistance Demonstration'' in the Department of Housing and
Urban Development Appropriations Act, 2012 (title II of
division C of Public Law 112-55), as most recently amended by
Public Law 117-103, is further amended--
(1) in the initial undesignated matter, by striking ``and
`Public Housing Operating Fund' '' and inserting ``, `Public
Housing Operating Fund', and `Public Housing Fund' '';
(2) in the second proviso, by striking ``2024'' and
inserting ``2030'';
(3) by striking the fourth proviso, and inserting the
following new provisos: ``Provided further, That at
properties with assistance under section 9 of the Act
requesting to partially convert such assistance, and where an
event under section 18 of the Act occurs that results in the
eligibility for tenant protection vouchers under section 8(o)
of the Act, the Secretary may convert the tenant protection
voucher assistance to assistance under a project-based
subsidy contract under section 8 of the Act, which shall be
eligible for renewal under section 524 of the Multifamily
Assisted Housing Reform and Affordability Act of 1997, or
assistance under section 8(o)(13) of the Act, so long as the
property meets any additional requirements established by the
Secretary to facilitate conversion: Provided further, That to
facilitate the conversion of assistance under the previous
proviso, the Secretary may transfer an amount equal to the
total amount that would have been allocated for tenant
protection voucher assistance for properties that have
requested such conversions from amounts made available for
tenant protection voucher assistance under the heading
`Tenant-Based Rental Assistance' to the heading `Project-
Based Rental Assistance': Provided further, That at
properties with assistance previously converted hereunder to
assistance under the heading `Project Based Rental
Assistance,' which are also separately assisted under section
8(o)(13) of the Act, the Secretary may, with the consent of
the public housing agency and owner, terminate such project-
based subsidy contracts and immediately enter into one new
project-based subsidy contract under section 8 of the Act,
which shall be eligible for renewal under section 524 of the
Multifamily Assisted Housing Reform and Affordability Act of
1997, subject to the requirement that any residents assisted
under section 8(o)(13) of the Act at the time of such
termination of such project-based subsidy contract shall
retain all rights accrued under section 8(o)(13)(E) of the
Act under the new project-based subsidy contract and section
8(o)(13)(F)(iv) of the Act shall not apply: Provided further,
That to carry out the previous proviso, the Secretary may
transfer from the heading `Tenant-Based Rental Assistance' to
the heading `Project-Based Rental Assistance' an amount equal
to the amounts associated with such terminating contract
under section 8(o)(13) of the Act:'';
(4) in the thirteenth proviso, as reordered above, by--
(A) inserting `` `Public Housing Fund', `Self-Sufficiency
Programs', `Family Self-Sufficiency' '' following `` `Public
Housing Operating Fund',''; and
(B) inserting ``or the ongoing availability of services for
residents'' after ``effective conversion of assistance under
the demonstration'';
(5) after the twenty-third proviso, as reordered above, by
inserting the following proviso: ``Provided further, That
owners of properties with a senior preservation rental
assistance contract under section 811 of the American
Homeownership and Economic Opportunity Act of 2000 (12 U.S.C.
1701q note), shall be eligible, subject to requirements
established by the Secretary as necessary to facilitate the
conversion of assistance while maintaining the affordability
period and the designation of the property as serving elderly
families, and tenant consultation procedures, for conversion
of assistance available for such assistance contracts to
assistance under a long-term project-based subsidy contract
under section 8 of the Act:'';
(6) in the twenty-eighth proviso, as reordered above, by
inserting ``, section 811 of the American Homeownership and
Economic Opportunity Act of 2000,'' after ``Housing Act of
1959''; and
(7) in the thirty-third proviso, as reordered above, by
striking ``any section 202 project rental assistance contract
or section 811 project rental assistance contract
conversions'' and inserting ``the conversion of assistance
from section 202(c)(2) of the Housing Act of 1959, section
811 of the American Homeownership and Economic Opportunity
Act of 2000, or section 811(d)(2) of the Cranston-Gonzalez
National Affordable Housing Act''.
Sec. 240. There is hereby established in the Treasury of
the United States a fund to be known as the ``Department of
Housing and Urban Development Nonrecurring Expenses Fund''
(the Fund): Provided, That unobligated balances of expired
discretionary funds appropriated for this or any succeeding
fiscal year from the General Fund of the Treasury to the
Department of Housing and Urban Development by this or any
other Act may be transferred (not later than the end of the
fifth fiscal year after the last fiscal year for which such
funds are available for the purposes for which they were
appropriated) into the Fund: Provided further, That amounts
deposited in the Fund shall be available until expended, in
addition to such other funds as may be available for such
purposes, for capital needs of the Department, including
facilities infrastructure and information technology
infrastructure, subject to approval by the Office of
Management and Budget: Provided further, That amounts in the
Fund may be obligated only after the House and Senate
Committees on Appropriations are notified at least 15 days in
advance of the planned use of funds.
Sec. 241. Amounts made available for the Office of Housing
under the heading ``Program Offices'' in this and prior Acts
shall also be available, without additional competition, for
cooperative agreements with Participating Administrative
Entities that have been selected under section 513(b) of the
Multifamily Assisted Housing Reform and Affordability Act of
1997 (42 U.S.C. 1437f note) (MAHRAA) to provide direct
support, including carrying out due diligence and
underwriting functions for owners and for technical
assistance activities, on conditions established by the
Secretary for small properties and owners converting
assistance under the First Component or the Second Component
under the heading ``Rental Assistance Demonstration'' in the
Department of Housing and Urban Development Appropriations
Act, 2012 (title II of division C of Public Law 112-55).
Sec. 242. Of the amounts made available for the Office of
Policy Development and Research under the heading ``Program
Offices'', up to $2,591,000, to remain available until
September 30, 2026, may be transferred to the heading
``Information Technology Fund'' to be available for the needs
of the Chief Data Officer, in addition to amounts otherwise
available, including for additional development,
modernization, and enhancement: Provided, That the Secretary
shall notify the House and Senate Committees on
Appropriations no fewer than three business days in advance
of any such transfer.
Sec. 243. For fiscal year 2024, the costs of any rent
incentives as authorized pursuant to waivers or alternative
requirements of the Jobs-Plus initiative as described under
the heading ``Self-Sufficiency Programs'' shall not be
charged against the competitive grant amounts made available
under such heading: Provided, That the amount of any forgone
increases in tenant rent payments due to the implementation
of such rent incentives shall be factored into the public
housing agency's general operating fund eligibility pursuant
to the formula under the heading ``Public Housing Fund'':
Provided further, That the amount of any foregone increases
in tenant rent payments due to the implementation of such
rent incentives implemented on behalf of residents of a
project with assistance converted from public housing to
project-based rental assistance under section 8 of the United
States Housing Act of 1937 (42 U.S.C. 1437f) or assistance
under section 8(o)(13) of such Act under the heading ``Rental
Assistance Demonstration'' in the Department of Housing and
Urban Development Appropriations Act, 2012 (title II of
division C of Public Law 112-55), as amended (42 U.S.C. 1437f
note) shall be factored into (A) housing assistance payments
made pursuant to project-based subsidy contracts provided
under the heading ``Project-Based Rental Assistance''; and
[[Page S5019]]
(B) housing assistance payments made by public housing
agencies pursuant to project-based assistance contracts under
section 8(o)(13) of such Act, with these costs being renewed
under the heading ``Tenant-Based Rental Assistance''.
Sec. 244. (a) With respect to the funds made available for
the Continuum of Care program authorized under subtitle C of
title IV of the McKinney-Vento Homeless Assistance Act (42
U.S.C. 11381 et seq.) under the heading ``Homeless Assistance
Grants'' in this and prior Acts and under section 231 of the
Department of Housing and Urban Development Appropriations
Act, 2020 (42 U.S.C. 11364a)--
(1) title VI of the Civil Rights Act of 1964 (42 U.S.C.
2000d et seq.) and title VIII of the Civil Rights Act of 1968
(42 U.S.C. 3601 et seq.) shall not apply to applications by
or awards for projects to be carried out--
(A) on or off reservation or trust lands for awards made to
Indian tribes or tribally designated housing entities; or
(B) on reservation or trust lands for awards made to
eligible entities as defined in section 401 of the McKinney-
Vento Homeless Assistance Act (42 U.S.C. 11360);
(2) Indian tribes and tribally designated housing entities
shall also be eligible to administer permanent housing rental
assistance under section 423(g) of the McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11383(g)).
(b) With respect to funds made available for the Continuum
of Care program authorized under subtitle C of title IV of
the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11381
et seq.) under the heading ``Homeless Assistance Grants'' in
this title or under section 231 of the Department of Housing
and Urban Development Appropriations Act, 2020 (42 U.S.C.
11364a)--
(1) applications for projects to be carried out on
reservations or trust land shall contain a certification of
consistency with an approved Indian housing plan developed
under section 102 of the Native American Housing Assistance
and Self-Determination Act (NAHASDA) (25 U.S.C. 4112),
notwithstanding section 106 of the Cranston-Gonzalez National
Affordable Housing Act (42 U.S.C. 12706) and section 403 of
the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11361);
(2) Indian tribes and tribally designated housing entities
that are recipients of awards for projects on reservations or
trust land shall certify that they are following an approved
housing plan developed under section 102 of NAHASDA (25
U.S.C. 4112); and
(3) a collaborative applicant for a Continuum of Care whose
geographic area includes only reservation and trust land is
not required to meet the requirement in section 402(f)(2) of
the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11360a(f)(2)).
Sec. 245. (a) Section 184(a) of the Housing and Community
Development Act of 1992 (12 U.S.C. 1715z-13a(a)) is amended
to read as follows:
``(a) Authority.--To provide access to sources of private
financing to Indian families, Indian housing authorities, and
Indian tribes, who otherwise could not acquire housing
financing because of the unique legal status of Indian lands
and the unique nature of tribal economies; and to expand
homeownership opportunities to Indian families, Indian
housing authorities and Indian tribes on fee simple lands,
the Secretary may guarantee not to exceed 100 percent of the
unpaid principal and interest due on any loan eligible under
subsection (b) made to an Indian family, Indian housing
authority, or Indian tribe on trust land and fee simple
land.''.
(b) Section 184(b)(2) of the Housing and Community
Development Act of 1992 (12 U.S.C. 1715z-13a(b)(2)) is
amended to read as follows:
``(2) Eligible housing.--The loan shall be used to
construct, acquire, refinance, or rehabilitate 1- to 4-family
dwellings that are standard housing.''.
(c) Section 184A of the Housing and Community Development
Act of 1992 (12 U.S.C. 1715z-13b) is amended--
(1) in subsection (b), by inserting ``, and to expand
homeownership opportunities to Native Hawaiian families who
are eligible to receive a homestead under the Hawaiian Homes
Commission Act, 1920 (42 Stat. 108) on fee simple lands in
the State of Hawaii'' after ``markets''; and
(2) in subsection (c), by striking paragraph (2) and
inserting the following:
``(2) Eligible housing.--The loan shall be used to
construct, acquire, refinance, or rehabilitate 1- to 4-family
dwellings that are standard housing.''.
Sec. 246. (a) Section 184(b)(5)(A) of the Housing and
Community Development Act of 1992 (12 U.S.C. 1715z-
13a(b)(5)(A)) is amended to read as follows:
``(5) Terms.--The loan shall--
``(A) be made for a term not exceeding 30 years, except as
determined by the Secretary, when there is a loan
modification under subsection (h)(1)(B), the loan shall not
exceed 40 years;''.
(b) Section 184A(c)(5)(A) of the Housing and Community
Development Act of 1992 (12 U.S.C. 1715z-13b(c)(5)(A)) is
amended to read as follows:
``(5) Terms.--The loan shall--
``(A) be made for a term not exceeding 30 years; except, as
determined by the Secretary, when there is a loan
modification under subsection (i)(1)(B) the term of the loan
shall not exceed 40 years;''.
Sec. 247. Section 105 of the Housing and Community
Development Act of 1974 (42 U.S.C. 5305) is amended by adding
at the end the following new subsection:
``(j) Special Activities by Indian Tribes.--Indian tribes
receiving grants under section 5306(a)(1) of this title
(section 106(a)(1) of this Act) shall be authorized to carry
out activities described in subsection (a)(15) directly.''.
Sec. 248. Section 184A(c) of the Housing and Community
Development Act of 1992 (12 U.S.C. 1715z-13b(c)) is amended
by adding at the end the following new paragraph:
``(6) Prohibition on pace priming.--Notwithstanding any
other provision of law, no property with a loan guaranteed
under this section shall be subject to a new residential
Property Assessed Clean Energy (PACE or R-PACE) loan or
equivalent financing without the PACE loan or equivalent
financing provider obtaining prior written consent from the
Secretary, subject to such terms and conditions as the
Secretary may prescribe. Any new residential PACE or R-PACE
loan or equivalent financing that is entered into by a PACE
Provider absent such consent shall be deemed void ab initio
and the PACE Provider shall bear all costs associated with
the transactions with no recourse against the borrower
resulting from the PACE transaction, including all costs
incurred by any holder of a guaranteed loan or the Secretary
in obtaining good and marketable title.''.
Sec. 249. Section 184(b) of the Housing and Community
Development Act of 1992 (12 U.S.C. 1715z-13a(b)) is amended
by adding at the end the following new paragraph:
``(6) Prohibition on pace priming.--Notwithstanding any
other provision of law, no property with a loan guaranteed
under this section, shall be subject to a new residential
Property Assessed Clean Energy (PACE or R-PACE) loan or
equivalent financing without the PACE loan or equivalent
financing provider obtaining prior written consent from the
Secretary, subject to such terms and conditions as the
Secretary may prescribe. Any new residential PACE or R-PACE
loan or equivalent financing that is entered into by a PACE
Provider absent such consent shall be deemed void ab initio
and the PACE Provider shall bear all costs associated with
the transactions with no recourse against the borrower
resulting from the PACE transaction, including all costs
incurred by any holder of a guaranteed loan or the Secretary
in obtaining good and marketable title.''.
Sec. 250. Title V of the National Housing Act (12 U.S.C.
1731a et seq.) is amended by adding at the end the following
new section:
``SEC. 543. PROHIBITION ON PACE PRIMING.
``Notwithstanding any other provision of law, including
section 208 of this Act, no 1 to 4 unit property with a
mortgage insured, guaranteed, made, or held by the Secretary
after the date of enactment of this section, shall be subject
to a new residential Property Assessed Clean Energy (PACE or
R-PACE) loan or equivalent financing without the PACE loan or
equivalent financing provider obtaining prior written consent
from the Secretary, subject to such terms and conditions as
the Secretary may prescribe. Any new PACE or R-PACE loan or
equivalent financing that is entered into by a PACE provider
absent such consent shall be deemed void ab initio and the
PACE provider shall bear all costs associated with the
transactions with no recourse against the homeowner resulting
from the PACE transaction, including all costs incurred by
any holder of an insured or guaranteed mortgage or the
Secretary in obtaining good and marketable title.''.
Sec. 251. Notwithstanding section 3(b)(6) of the United
States Housing Act of 1937 (the Act) and chapter 63 of title
31, United States Code, amounts made available to the
Secretary in this or any prior Act under the headings
``Project-Based Rental Assistance'' or ``Housing Certificate
Fund'' for performance-based contract administrators to carry
out section 8 of the Act (42 U.S.C. 1437f), as implemented by
the Secretary in chapter VIII of title 24, Code of Federal
Regulations, may be awarded through a Notice of Funding
Opportunity (NOFO) not subject to procurement laws or
regulations: Provided, That such awards shall be deemed for
all purposes to be cooperative agreements: Provided further,
That for purposes of such NOFO, eligible applicants are
public housing agencies as defined by section 3(b)(6)(A) of
the Act and nonprofits of such agencies when operating
outside of the State or territory in which such agency is
established, notwithstanding any provisions of such section
8(b) to the contrary: Provided further, That the Secretary
shall award one cooperative agreement for each State or
territory, except that the Secretary may award more than one
agreement for a State or territory if the population of such
State or territory exceeds 35,000,000: Provided further,
That any cooperative agreements issued by the Secretary
shall, at minimum, assign the rights and responsibilities as
provided in section 8 of the Act: Provided further, That the
Secretary shall assign such rights and responsibilities to
the furthest extent possible to ensure effective and
efficient program oversight and monitoring: Provided
further, That when selecting a performance-based contract
administrator, the Secretary shall provide a preference to
applicants that have demonstrated experience with properties
receiving project-based assistance, experience in multifamily
housing preservation, addressing the concerns of low-income
tenants, making assistance payments to owners, and performing
the other functions assigned to a public housing agency under
section 8(b) of the Act:
[[Page S5020]]
Provided further, That if no qualified applicant applies
under NOFO, the Secretary may utilize a procurement contract
subject to all procurement laws and regulations to assist in
carrying out section 8 of the Act: Provided further, That
the Secretary shall provide for incentive-based fees as part
of such awards.
Sec. 252. Section 239 of division L of the Consolidated
Appropriations Act, 2016 is amended by striking ``2028'' and
inserting ``2043''.
Sec. 253. For fiscal years 2024 and 2025, the Secretary
may issue a 2-year notification of funding opportunity,
including any alternative procedures or requirements as may
be necessary to allocate future appropriations in the second
year, for the award of amounts made available for the
Continuum of Care program under subtitle C of title IV of the
McKinney-Vento Homeless Assistance Act (42 U.S.C. 11381 et
seq.), notwithstanding any conflict with the requirements of
the Continuum of Care program.
Sec. 254. The Secretary may, upon a finding that a waiver
or alternative requirement is necessary for the effective
delivery and administration of funds made available for new
incremental voucher assistance or renewals for the Mainstream
program and the family unification program (including the
Foster Youth to Independence program) in this and prior Acts,
waive or specify alternative requirements, other than
requirements related to tenant rights and protections, rent
setting, fair housing, nondiscrimination, labor standards,
and the environment, for--
(1) section 8(o)(6)(A) of the United States Housing Act of
1937 (42 U.S.C. 1437f(o)(6)(A)) and regulatory provisions
related to the administration of waiting lists, local
preferences, and the initial term and extensions of tenant-
based vouchers; and
(2) section 8(x)(2) of the United States Housing Act of
1937 (42 U.S.C. 1437f(x)(2)) regarding the timing of referral
of youth leaving foster care.
This title may be cited as the ``Department of Housing and
Urban Development Appropriations Act, 2024''.
TITLE III
RELATED AGENCIES
Access Board
salaries and expenses
For expenses necessary for the Access Board, as authorized
by section 502 of the Rehabilitation Act of 1973 (29 U.S.C.
792), $7,369,000: Provided, That, notwithstanding any other
provision of law, there may be credited to this appropriation
funds received for publications and training expenses.
Federal Maritime Commission
salaries and expenses
For necessary expenses of the Federal Maritime Commission
as authorized by section 201(d) of the Merchant Marine Act,
1936, as amended (46 U.S.C. 46107), including services as
authorized by section 3109 of title 5, United States Code;
hire of passenger motor vehicles as authorized by section
1343(b) of title 31, United States Code; and uniforms or
allowances therefore, as authorized by sections 5901 and 5902
of title 5, United States Code, $32,364,000, of which
$1,481,000 shall remain available until September 30, 2025:
Provided, That not to exceed $3,000 shall be for official
reception and representation expenses.
National Railroad Passenger Corporation
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of Inspector General
for the National Railroad Passenger Corporation to carry out
the provisions of the Inspector General Act of 1978 (5 U.S.C.
App. 3), $21,645,000: Provided, That the Inspector General
shall have all necessary authority, in carrying out the
duties specified in such Act, to investigate allegations of
fraud, including false statements to the Government under
section 1001 of title 18, United States Code, by any person
or entity that is subject to regulation by the National
Railroad Passenger Corporation: Provided further, That the
Inspector General may enter into contracts and other
arrangements for audits, studies, analyses, and other
services with public agencies and with private persons,
subject to the applicable laws and regulations that govern
the obtaining of such services within the National Railroad
Passenger Corporation: Provided further, That the Inspector
General may select, appoint, and employ such officers and
employees as may be necessary for carrying out the functions,
powers, and duties of the Office of Inspector General,
subject to the applicable laws and regulations that govern
such selections, appointments, and employment within the
National Railroad Passenger Corporation: Provided further,
That concurrent with the President's budget request for
fiscal year 2025, the Inspector General shall submit to the
House and Senate Committees on Appropriations a budget
request for fiscal year 2025 in similar format and substance
to budget requests submitted by executive agencies of the
Federal Government.
National Transportation Safety Board
salaries and expenses
For necessary expenses of the National Transportation
Safety Board, including hire of passenger motor vehicles and
aircraft; services as authorized by section 3109 of title 5,
United States Code, but at rates for individuals not to
exceed the per diem rate equivalent to the rate for a GS-15;
uniforms, or allowances therefor, as authorized by sections
5901 and 5902 of title 5, United States Code, $99,418,000, of
which not to exceed $1,000 may be used for official reception
and representation expenses: Provided, That the amounts made
available to the National Transportation Safety Board in this
Act include amounts necessary to make lease payments on an
obligation incurred in fiscal year 2001 for a capital lease.
Neighborhood Reinvestment Corporation
payment to the neighborhood reinvestment corporation
For payment to the Neighborhood Reinvestment Corporation
for use in neighborhood reinvestment activities, as
authorized by the Neighborhood Reinvestment Corporation Act
(42 U.S.C. 8101-8107), $124,365,000: Provided, That an
additional $1,481,000, to remain available until September
30, 2027, shall be for the promotion and development of
shared equity housing models.
Surface Transportation Board
salaries and expenses
For necessary expenses of the Surface Transportation Board,
including services authorized by section 3109 of title 5,
United States Code, $35,127,000: Provided, That,
notwithstanding any other provision of law, not to exceed
$925,000 from fees established by the Surface Transportation
Board shall be credited to this appropriation as offsetting
collections and used for necessary and authorized expenses
under this heading: Provided further, That the amounts made
available under this heading from the general fund shall be
reduced on a dollar-for-dollar basis as such offsetting
collections are received during fiscal year 2024, to result
in a final appropriation from the general fund estimated at
not more than $34,202,000.
United States Interagency Council on Homelessness
operating expenses
For necessary expenses, including payment of salaries,
authorized travel, hire of passenger motor vehicles, the
rental of conference rooms, and the employment of experts and
consultants under section 3109 of title 5, United States
Code, of the United States Interagency Council on
Homelessness in carrying out the functions pursuant to title
II of the McKinney-Vento Homeless Assistance Act, as amended,
$3,183,000.
TITLE IV
GENERAL PROVISIONS--THIS ACT
Sec. 401. None of the funds in this Act shall be used for
the planning or execution of any program to pay the expenses
of, or otherwise compensate, non-Federal parties intervening
in regulatory or adjudicatory proceedings funded in this Act.
Sec. 402. None of the funds appropriated in this Act shall
remain available for obligation beyond the current fiscal
year, nor may any be transferred to other appropriations,
unless expressly so provided herein.
Sec. 403. The expenditure of any appropriation under this
Act for any consulting service through a procurement contract
pursuant to section 3109 of title 5, United States Code,
shall be limited to those contracts where such expenditures
are a matter of public record and available for public
inspection, except where otherwise provided under existing
law, or under existing Executive order issued pursuant to
existing law.
Sec. 404. (a) None of the funds made available in this Act
may be obligated or expended for any employee training that--
(1) does not meet identified needs for knowledge, skills,
and abilities bearing directly upon the performance of
official duties;
(2) contains elements likely to induce high levels of
emotional response or psychological stress in some
participants;
(3) does not require prior employee notification of the
content and methods to be used in the training and written
end of course evaluation;
(4) contains any methods or content associated with
religious or quasi-religious belief systems or ``new age''
belief systems as defined in Equal Employment Opportunity
Commission Notice N-915.022, dated September 2, 1988; or
(5) is offensive to, or designed to change, participants'
personal values or lifestyle outside the workplace.
(b) Nothing in this section shall prohibit, restrict, or
otherwise preclude an agency from conducting training bearing
directly upon the performance of official duties.
Sec. 405. Except as otherwise provided in this Act, none
of the funds provided in this Act, provided by previous
appropriations Acts to the agencies or entities funded in
this Act that remain available for obligation or expenditure
in fiscal year 2024, or provided from any accounts in the
Treasury derived by the collection of fees and available to
the agencies funded by this Act, shall be available for
obligation or expenditure through a reprogramming of funds
that--
(1) creates a new program;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel for any program, project,
or activity for which funds have been denied or restricted by
the Congress;
(4) proposes to use funds directed for a specific activity
by either the House or Senate Committees on Appropriations
for a different purpose;
(5) augments existing programs, projects, or activities in
excess of $3,701,000 or 10 percent, whichever is less;
(6) reduces existing programs, projects, or activities by
$3,701,000 or 10 percent, whichever is less; or
[[Page S5021]]
(7) creates, reorganizes, or restructures a branch,
division, office, bureau, board, commission, agency,
administration, or department different from the budget
justifications submitted to the Committees on Appropriations
or the report accompanying this Act, whichever is more
detailed, unless prior approval is received from the House
and Senate Committees on Appropriations:
Provided, That not later than 60 days after the date of
enactment of this Act, each agency funded by this Act shall
submit a report to the Committees on Appropriations of the
Senate and of the House of Representatives to establish the
baseline for application of reprogramming and transfer
authorities for the current fiscal year: Provided further,
That the report shall include--
(A) a table for each appropriation with a separate column
to display the prior year enacted level, the President's
budget request, adjustments made by Congress, adjustments due
to enacted rescissions, if appropriate, and the fiscal year
enacted level;
(B) a delineation in the table for each appropriation and
its respective prior year enacted level by object class and
program, project, and activity as detailed in this Act, the
table in the report accompanying this Act, accompanying
reports of the House and Senate Committee on Appropriations,
or in the budget appendix for the respective appropriations,
whichever is more detailed, and shall apply to all items for
which a dollar amount is specified and to all programs for
which new budget (obligational) authority is provided, as
well as to discretionary grants and discretionary grant
allocations; and
(C) an identification of items of special congressional
interest.
Sec. 406. Except as otherwise specifically provided by
law, not to exceed 50 percent of unobligated balances
remaining available at the end of fiscal year 2024 from
appropriations made available for salaries and expenses for
fiscal year 2024 in this Act, shall remain available through
September 30, 2025 for each such account for the purposes
authorized: Provided, That a request shall be submitted to
the House and Senate Committees on Appropriations for
approval prior to the expenditure of such funds: Provided
further, That these requests shall be made in compliance with
reprogramming guidelines under section 405 of this Act.
Sec. 407. No funds in this Act may be used to support any
Federal, State, or local projects that seek to use the power
of eminent domain, unless eminent domain is employed only for
a public use: Provided, That for purposes of this section,
public use shall not be construed to include economic
development that primarily benefits private entities:
Provided further, That any use of funds for mass transit,
railroad, airport, seaport or highway projects, as well as
utility projects which benefit or serve the general public
(including energy-related, communication-related, water-
related and wastewater-related infrastructure), other
structures designated for use by the general public or which
have other common-carrier or public-utility functions that
serve the general public and are subject to regulation and
oversight by the government, and projects for the removal of
an immediate threat to public health and safety or
brownfields as defined in the Small Business Liability Relief
and Brownfields Revitalization Act (Public Law 107-118) shall
be considered a public use for purposes of eminent domain.
Sec. 408. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality
of the United States Government, except pursuant to a
transfer made by, or transfer authority provided in, this Act
or any other appropriations Act.
Sec. 409. No funds appropriated pursuant to this Act may
be expended by an entity unless the entity agrees that in
expending the assistance the entity will comply with sections
2 through 4 of the Act of March 3, 1933 (41 U.S.C. 8301-8305,
popularly known as the ``Buy American Act'').
Sec. 410. No funds appropriated or otherwise made
available under this Act shall be made available to any
person or entity that has been convicted of violating the Buy
American Act (41 U.S.C. 8301-8305).
Sec. 411. None of the funds made available in this Act may
be used for first-class airline accommodations in
contravention of sections 301-10.122 and 301-10.123 of title
41, Code of Federal Regulations.
Sec. 412. None of the funds made available in this Act may
be used to send or otherwise pay for the attendance of more
than 50 employees of a single agency or department of the
United States Government, who are stationed in the United
States, at any single international conference unless the
relevant Secretary reports to the House and Senate Committees
on Appropriations at least 5 days in advance that such
attendance is important to the national interest: Provided,
That for purposes of this section the term ``international
conference'' shall mean a conference occurring outside of the
United States attended by representatives of the United
States Government and of foreign governments, international
organizations, or nongovernmental organizations.
Sec. 413. None of the funds appropriated or otherwise made
available under this Act may be used by the Surface
Transportation Board to charge or collect any filing fee for
rate or practice complaints filed with the Board in an amount
in excess of the amount authorized for district court civil
suit filing fees under section 1914 of title 28, United
States Code.
Sec. 414. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network
unless such network blocks the viewing, downloading, and
exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law
enforcement agency or any other entity carrying out criminal
investigations, prosecution, or adjudication activities.
Sec. 415. (a) None of the funds made available in this Act
may be used to deny an Inspector General funded under this
Act timely access to any records, documents, or other
materials available to the department or agency over which
that Inspector General has responsibilities under the
Inspector General Act of 1978 (5 U.S.C. App.), or to prevent
or impede that Inspector General's access to such records,
documents, or other materials, under any provision of law,
except a provision of law that expressly refers to the
Inspector General and expressly limits the Inspector
General's right of access.
(b) A department or agency covered by this section shall
provide its Inspector General with access to all such
records, documents, and other materials in a timely manner.
(c) Each Inspector General shall ensure compliance with
statutory limitations on disclosure relevant to the
information provided by the establishment over which that
Inspector General has responsibilities under the Inspector
General Act of 1978 (5 U.S.C. App.).
(d) Each Inspector General covered by this section shall
report to the Committees on Appropriations of the House of
Representatives and the Senate within 5 calendar days any
failures to comply with this requirement.
Sec. 416. None of the funds appropriated or otherwise made
available by this Act may be used to pay award or incentive
fees for contractors whose performance has been judged to be
below satisfactory, behind schedule, over budget, or has
failed to meet the basic requirements of a contract, unless
the Agency determines that any such deviations are due to
unforeseeable events, government-driven scope changes, or are
not significant within the overall scope of the project and/
or program unless such awards or incentive fees are
consistent with 16.401(e)(2) of the Federal Acquisition
Regulations.
Sec. 417. No part of any appropriation contained in this
Act shall be available to pay the salary for any person
filling a position, other than a temporary position, formerly
held by an employee who has left to enter the Armed Forces of
the United States and has satisfactorily completed his or her
period of active military or naval service, and has within 90
days after his or her release from such service or from
hospitalization continuing after discharge for a period of
not more than 1 year, made application for restoration to his
or her former position and has been certified by the Office
of Personnel Management as still qualified to perform the
duties of his or her former position and has not been
restored thereto.
Sec. 418. (a) None of the funds made available by this Act
may be used to approve a new foreign air carrier permit under
sections 41301 through 41305 of title 49, United States Code,
or exemption application under section 40109 of that title of
an air carrier already holding an air operators certificate
issued by a country that is party to the U.S.-E.U.-Iceland-
Norway Air Transport Agreement where such approval would
contravene United States law or Article 17 bis of the U.S.-
E.U.-Iceland-Norway Air Transport Agreement.
(b) Nothing in this section shall prohibit, restrict or
otherwise preclude the Secretary of Transportation from
granting a foreign air carrier permit or an exemption to such
an air carrier where such authorization is consistent with
the U.S.-E.U.-Iceland-Norway Air Transport Agreement and
United States law.
Sec. 419. None of the funds made available by this Act to
the Department of Transportation may be used in contravention
of section 306108 of title 54, United States Code.
Sec. 420. In the table of projects entitled ``Community
Project Funding/Congressionally Directed Spending'' included
in the explanatory statement that accompanied the
Transportation, Housing and Urban Development, and Related
Agencies Appropriations Act, 2023 (division L of Public Law
117-328) the item relating to ``B-360 Educational Campus'' is
deemed to be amended by striking ``I Am Mentality, Inc.'' and
inserting ``B-360 Baltimore, Inc.''.
Sec. 421. Each amount designated in this Act by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985 shall be available (or rescinded, if
applicable) only if the President subsequently so designates
all such amounts and transmits such designations to the
Congress.
This division may be cited as the ``Transportation, Housing
and Urban Development, and Related Agencies Appropriations
Act, 2024''.
DIVISION D--RESCISSION OF FUNDS
SEC. 101.
Of the unobligated balances available in Public Law 117-
169, $25,035,000,000 available under section 10301(1)(A)(ii)
as of the date of the enactment of this Act are permanently
rescinded.
______