[Congressional Record Volume 169, Number 183 (Monday, November 6, 2023)]
[House]
[Pages H5427-H5462]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
{time} 1915
TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED AGENCIES
APPROPRIATIONS ACT, 2024
The SPEAKER pro tempore. Pursuant to House Resolution 838 and rule
XVIII, the Chair declares the House in the Committee of the Whole House
on the state of the Union for further consideration of the bill, H.R.
4820.
Will the gentleman from Florida (Mr. Gimenez) kindly take the Chair.
{time} 1916
In the Committee of the Whole
Accordingly, the House resolved itself into the Committee of the
Whole House on the state of the Union for the further consideration of
the bill (H.R. 4820) making appropriations for the Departments of
Transportation, and Housing and Urban Development, and related agencies
for the fiscal year ending September 30, 2024, and for other purposes,
with Mr. Gimenez (Acting Chair) in the chair.
The Clerk read the title of the bill.
The Acting CHAIR. When the Committee of the Whole rose earlier today,
all time for general debate pursuant to House Resolution 838 had
expired.
Pursuant to the rule, the bill shall be considered for amendment
under the 5-minute rule.
The bill shall be considered as read.
The text of the bill is as follows:
H.R. 4820
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That the
following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the Departments of
Transportation, and Housing and Urban Development, and
related agencies for the fiscal year ending September 30,
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,
$176,859,000 to remain available until September 30, 2025:
Provided, That of the sums appropriated under this heading--
(1) $3,569,000 shall be available for the immediate Office
of the Secretary;
[[Page H5428]]
(2) $1,277,000 shall be available for the immediate Office
of the Deputy Secretary;
(3) $28,089,000 shall be available for the Office of the
General Counsel;
(4) $22,769,000 shall be available for the Office of the
Under Secretary of Transportation for Policy, of which
$7,300,000 is for the Office for Multimodal Freight
Infrastructure and Policy;
(5) $21,026,000 shall be available for the Office of the
Assistant Secretary for Budget and Programs;
(6) $3,968,000 shall be available for the Office of the
Assistant Secretary for Governmental Affairs;
(7) $41,399,000 shall be available for the Office of the
Assistant Secretary for Administration;
(8) $2,093,000 shall be available for the Office of Public
Affairs and Public Engagement;
(9) $2,312,000 shall be available for the Office of the
Executive Secretariat;
(10) $15,533,000 shall be available for the Office of
Intelligence, Security, and Emergency Response;
(11) $33,195,000 shall be available for the Office of the
Chief Information Officer; and
(12) $1,629,000 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 $10,000
shall be for allocation within the Department for official
reception and representation expenses as the Secretary may
determine: Provided further, That notwithstanding any other
provision of law, there may be credited to this appropriation
up to $2,500,000 in funds received in user fees.
research and technology
For necessary expenses related to the Office of the
Assistant Secretary for Research and Technology, $41,713,000,
of which $30,259,000 shall remain available until expended:
Provided, That there may be credited to this appropriation,
to be available until expended, funds received from States,
counties, municipalities, other public authorities, and
private sources for expenses incurred for training: Provided
further, That any reference in law, regulation, judicial
proceedings, or elsewhere to the Research and Innovative
Technology Administration shall continue to be deemed to be a
reference to the Office of the Assistant Secretary for
Research and Technology of the Department of Transportation.
national 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, $10,550,000, 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.
railroad rehabilitation and improvement financing program
The Secretary is authorized to issue direct loans and loan
guarantees pursuant to chapter 224 of title 49, United States
Code, and such authority shall exist as long as any such
direct loan or loan guarantee is outstanding.
financial management capital
For necessary expenses for upgrading and enhancing the
Department of Transportation's financial systems and re-
engineering business processes, $5,000,000, to remain
available through September 30, 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, $49,000,000, to remain
available until September 30, 2025.
office of civil rights
For necessary expenses of the Office of Civil Rights,
$14,800,000.
transportation planning, research, and development
(including transfer of funds)
For necessary expenses for conducting transportation
planning, research, systems development, development
activities, and making grants, $25,017,000, to remain
available until expended: Provided, That of such amount,
$8,517,000 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.
working capital fund
(including transfer of funds)
For necessary expenses for operating costs and capital
outlays of the Working Capital Fund, not to exceed
$522,165,000, shall be paid from appropriations made
available to the Department of Transportation: Provided,
That such services shall be provided on a competitive basis
to entities within the Department of Transportation:
Provided further, That the limitation in the preceding
proviso on operating expenses shall not apply to entities
external to the Department of Transportation or for funds
provided in Public Law 117-58: Provided further, That no
funds made available by this Act to an agency of the
Department shall be transferred to the Working Capital Fund
without majority approval of the Working Capital Fund
Steering Committee and approval of the Secretary: Provided
further, That no assessments may be levied against any
program, budget activity, subactivity, or project funded by
this Act unless notice of such assessments and the basis
therefor are presented to the House and Senate Committees on
Appropriations and are approved by such Committees.
small and disadvantaged business utilization and outreach
For necessary expenses for small and disadvantaged business
utilization and outreach activities, $5,000,000, 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,
$348,554,000, 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 rescission of funds)
(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
[[Page H5429]]
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 2024
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 $1,000,000.
Sec. 105. None of the funds in this title may be obligated
or expended for retention or senior executive bonuses for an
employee of the Department of Transportation without the
prior written approval of the Assistant Secretary for
Administration.
Sec. 106. In addition to authority provided by section 327
of title 49, United States Code, the Department's
Administrative Working Capital Fund is hereby authorized to
transfer information technology equipment, software, and
systems from Departmental sources or other entities and
collect and maintain a reserve at rates which will return
full cost of transferred assets.
Sec. 107. None of the funds provided in this Act to the
Department of Transportation may be used to provide credit
assistance unless not less than 3 days before any application
approval to provide credit assistance under sections 603 and
604 of title 23, United States Code, the Secretary provides
notification in writing to the following committees: the
House and Senate Committees on Appropriations; the Committee
on Environment and Public Works and the Committee on Banking,
Housing and Urban Affairs of the Senate; and the Committee on
Transportation and Infrastructure of the House of
Representatives: Provided, That such notification shall
include, but not be limited to, the name of the project
sponsor; a description of the project; whether credit
assistance will be provided as a direct loan, loan guarantee,
or line of credit; and the amount of credit assistance.
Sec. 108. Of the unobligated balances from amounts made
available for ``Railroad Rehabilitation and Improvement
Financing Program'' in title I of division L of the
Consolidated Appropriations Act, 2022 (Public Law 117-103),
$8,948,237.30 is hereby permanently rescinded.
Sec. 109. With respect to amounts provided under the
heading ``National Infrastructure Investments'' in title VIII
of division J of the Infrastructure Investment and Jobs Act
(Public Law 117-58) for fiscal year 2024 to carry out section
6702 of title 49, United States Code, the set aside for
historically disadvantaged communities or areas of persistent
poverty under subsection (f)(2) of such section shall be
treated as not less than 5 percent for fiscal year 2024.
Sec. 109A. The Secretary of Transportation may transfer
amounts awarded to a Federally recognized Tribe under a
funding agreement entered into under part 29 of title 49,
Code of Federal Regulations, from the Department of
Transportation's Operating Administrations to the Office of
Tribal Government Affairs: Provided, That any amounts
retroceded or reassumed under such part may be transferred
back to the appropriate Operating Administration.
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, $12,729,627,000, to
remain available until September 30, 2025, of which
$8,740,627,000 to be derived from the Airport and Airway
Trust Fund: Provided, That of the amounts made available
under this heading--
(1) not less than $1,745,532,000 shall be available for
aviation safety activities;
(2) $9,439,068,000 shall be available for air traffic
organization activities;
(3) $47,018,000 shall be available for commercial space
transportation activities;
(4) $949,376,000 shall be available for finance and
management activities;
(5) $70,097,000 shall be available for NextGen and
operations planning activities;
(6) $163,951,000 shall be available for security and
hazardous materials safety activities; and
(7) $314,585,000 shall be available for staff offices:
Provided further, That not to exceed 5 percent of any
budget activity, except for aviation safety budget activity,
may be transferred to any budget activity under this heading:
Provided further, That no transfer may increase or decrease
any appropriation under this heading by more than 5 percent:
Provided further, That any transfer in excess of 5 percent
shall be treated as a reprogramming of funds under section
405 of this Act and shall not be available for obligation or
expenditure except in compliance with the procedures set
forth in that section: Provided further, That not later than
60 days after the submission of the budget request, the
Administrator of the Federal Aviation Administration shall
transmit to Congress an annual update to the report submitted
to Congress in December 2004 pursuant to section 221 of the
Vision 100-Century of Aviation Reauthorization Act (49 U.S.C.
40101 note): Provided further, That the amounts made
available under this heading shall be reduced by $100,000 for
each day after 60 days after the submission of the budget
request that such report has not been transmitted to
Congress: Provided further, That not later than 60 days
after the submission of the budget request, the Administrator
shall transmit to Congress a companion report that describes
a comprehensive strategy for staffing, hiring, and training
flight standards and aircraft certification staff in a format
similar to the one utilized for the controller staffing plan,
including stated attrition estimates and numerical hiring
goals by fiscal year: Provided further, That the amounts
made available under this heading shall be reduced by
$100,000 for each day after the date that is 60 days after
the submission of the budget request that such report has not
been submitted to Congress: Provided further, That funds may
be used to enter into a grant agreement with a nonprofit
standard-setting organization to assist in the development of
aviation safety standards: Provided further, That none of
the funds made available by this Act shall be available for
new applicants for the second career training program:
Provided further, That none of the funds made available by
this Act shall be available for the Federal Aviation
Administration to finalize or implement any regulation that
would promulgate new aviation user fees not specifically
authorized by law after the date of the enactment of this
Act: Provided further, That there may be credited to this
appropriation, as offsetting collections, funds received from
States, counties, municipalities, foreign authorities, other
public authorities, and private sources for expenses incurred
in the provision of agency services, including receipts for
the maintenance and operation of air navigation facilities,
and for issuance, renewal or modification of certificates,
including airman, aircraft, and repair station certificates,
or for tests related thereto, or for processing major repair
or alteration forms: Provided further, That of the amounts
made available under this heading, not less than $194,000,000
shall be used to fund direct operations of the current air
traffic control towers in the contract tower program,
including the contract tower cost share program, and any
airport that is currently qualified or that will qualify for
the program during the fiscal year: Provided further, That
none of the funds made available by this Act for aeronautical
charting and cartography are available for activities
conducted by, or coordinated through, the Working Capital
Fund: Provided further, That none of the funds appropriated
or otherwise made available by this Act or any other Act may
be used to eliminate the Contract Weather Observers program
at any airport.
facilities and equipment
(airport and airway trust fund)
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, $2,972,949,000, of which $617,020,000
is for personnel and related expenses and shall remain
available until September 30, 2025; $2,330,929,000 shall
remain available until September 30, 2026; and $25,000,000
shall remain available until expended: 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 Investment and Jobs Act (division
J of Public Law 117-58).
[[Page H5430]]
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,
$196,050,000, 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: Provided further, That any activity carried out
using funds made available under this heading for counter-
unmanned aerial systems research, testing, and evaluation may
be carried out notwithstanding section 46502 of title 49,
United States Code, or sections 32, 1030, or 1367 and
chapters 119 and 206 of title 18 of such code.
grants-in-aid for airports
(liquidation of contract authorization)
(limitation on obligations)
(airport and airway trust fund)
(including transfer of funds)
For liquidation of obligations incurred for grants-in-aid
for airport planning and development, and noise compatibility
planning and programs as authorized under subchapter I of
chapter 471 and subchapter I of chapter 475 of title 49,
United States Code, and under other law authorizing such
obligations; for procurement, installation, and commissioning
of runway incursion prevention devices and systems at
airports of such title; for grants authorized under section
41743 of title 49, United States Code; and for inspection
activities and administration of airport safety programs,
including those related to airport operating certificates
under section 44706 of title 49, United States Code,
$3,350,000,000, to be derived from the Airport and Airway
Trust Fund and to remain available until expended: Provided,
That none of the amounts made available under this heading
shall be available for the planning or execution of programs
the obligations for which are in excess of $3,350,000,000, in
fiscal year 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, 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 $157,475,000 shall be available for
administration, $15,000,000 shall be available for the
Airport Cooperative Research Program, $41,801,000 shall be
available for Airport Technology Research, and $10,000,000,
to remain available until expended, shall be available and
transferred to ``Office of the Secretary, Salaries and
Expenses'' to carry out the Small Community Air Service
Development Program: Provided further, That in addition to
airports eligible under section 41743 of title 49, United
States Code, such program may include the participation of an
airport that serves a community or consortium that is not
larger than a small hub airport, according to FAA hub
classifications effective at the time the Office of the
Secretary issues a request for proposals.
grants-in-aid for airports
For an additional amount for ``Grants-In-Aid for
Airports'', to enable the Secretary of Transportation to make
grants for projects as authorized by subchapter 1 of chapter
471 and subchapter 1 of chapter 475 of title 49, United
States Code, $303,921,257 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 the sums appropriated under
this heading shall be made available for the purposes, and in
amounts, specified for Community Project Funding in the table
entitled ``Community Project Funding'' included in the Report
accompanying this Act.
administrative provisions--federal aviation administration
Sec. 110. None of the funds made available by this Act may
be used to compensate in excess of 600 technical staff-years
under the federally funded research and development center
contract between the Federal Aviation Administration and the
Center for Advanced Aviation Systems Development during
fiscal year 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 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.
[[Page H5431]]
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 funds provided under the heading
``Grants-in-aid for Airports'', up to $3,500,000 shall be for
necessary expenses, including an independent verification
regime, to provide reimbursement to airport sponsors that do
not provide gateway operations and providers of general
aviation ground support services, or other aviation tenants,
located at those airports closed during a temporary flight
restriction (TFR) for any residence of the President that is
designated or identified to be secured by the United States
Secret Service, and for direct and incremental financial
losses incurred while such airports are closed solely due to
the actions of the Federal Government: Provided, That no
funds shall be obligated or distributed to airport sponsors
that do not provide gateway operations and providers of
general aviation ground support services until an independent
audit is completed: Provided further, That losses incurred
as a result of violations of law, or through fault or
negligence, of such operators and service providers or of
third parties (including airports) are not eligible for
reimbursements: Provided further, That obligation and
expenditure of funds are conditional upon full release of the
United States Government for all claims for financial losses
resulting from such actions.
Federal Highway Administration
limitation on administrative expenses
(highway trust fund)
(including transfer of funds)
Not to exceed $483,551,671 together with advances and
reimbursements received by the Federal Highway
Administration, shall be obligated for necessary expenses for
administration and operation of the Federal Highway
Administration: Provided, That in addition, $3,248,000 shall
be transferred to the Appalachian Regional Commission in
accordance with section 104(a) of title 23, United States
Code.
federal-aid highways
(limitation on obligations)
(highway trust fund)
Funds available for the implementation or execution of
authorized Federal-aid highway and highway safety
construction programs shall not exceed total obligations of
$60,095,782,888 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, $60,834,782,888 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
$1,361,627,349: 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;
or (2) activities eligible under the Tribal Transportation
Program under section 202 of such title, and shall not affect
the distribution or amount of funds provided in any other
Act: Provided further, That section 11101(e) of Public Law
117-58 shall apply to funds made available under this
heading: Provided further, That 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 made available under this heading--
(1) $1,211,627,349 shall be for the purposes, and in the
amounts, specified for Community Project Funding in the table
entitled ``Community Project Funding'' 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; and
(2) $150,000,000 shall be available for activities eligible
under the Tribal Transportation Program, as described in
section 202 of title 23, United States Code: Provided, That,
except as otherwise provided under this heading, the funds
made available under this paragraph shall be administered as
if allocated under chapter 2 of title 23, United States Code:
Provided further, That the set-asides described in
subparagraph (C) of section 202(b)(3) of title 23, United
States Code, and subsections (a)(6), (c), (d), and (e) of
section 202 of such title shall not apply to funds made
available under this paragraph: Provided further, That the
set-aside described in section 1123(h)(1) of MAP-21 (as
amended by Public Law 117-58), shall not apply to such funds.
administrative provisions--federal highway administration
(including rescission 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 $639,000,000 for each of those fiscal years);
(9) Federal-aid highway programs for which obligation
authority was made available under the Transportation Equity
Act for the 21st Century (112 Stat. 107) or subsequent Acts
for multiple years or to remain available until expended, but
only to the extent that the obligation authority has not
lapsed or been used;
[[Page H5432]]
(10) section 105 of title 23, United States Code (as in
effect for fiscal years 2005 through 2012, but only in an
amount equal to $639,000,000 for each of those fiscal years);
(11) section 1603 of SAFETEA-LU (23 U.S.C. 118 note; 119
Stat. 1248), to the extent that funds obligated in accordance
with that section were not subject to a limitation on
obligations at the time at which the funds were initially
made available for obligation; and
(12) section 119 of title 23, United States Code (but, for
each of fiscal years 2013 through 2024, only in an amount
equal to $639,000,000).
(c) Redistribution of Unused Obligation Authority.--
Notwithstanding subsection (a), the Secretary shall, after
August 1 of such fiscal year--
(1) revise a distribution of the obligation limitation made
available under subsection (a) if an amount distributed
cannot be obligated during that fiscal year; and
(2) redistribute sufficient amounts to those States able to
obligate amounts in addition to those previously distributed
during that fiscal year, giving priority to those States
having large unobligated balances of funds apportioned under
sections 144 (as in effect on the day before the date of
enactment of Public Law 112-141) and 104 of title 23, United
States Code.
(d) Applicability of Obligation Limitations to
Transportation Research Programs.--
(1) In general.--Except as provided in paragraph (2), the
obligation limitation for Federal-aid highways shall apply to
contract authority for transportation research programs
carried out under--
(A) chapter 5 of title 23, United States Code;
(B) title VI of the Fixing America's Surface Transportation
Act; and
(C) title III of division A of the Infrastructure
Investment and Jobs Act (Public Law 117-58).
(2) Exception.--Obligation authority made available under
paragraph (1) shall--
(A) remain available for a period of 4 fiscal years; and
(B) be in addition to the amount of any limitation imposed
on obligations for Federal-aid highway and highway safety
construction programs for future fiscal years.
(e) Redistribution of Certain Authorized Funds.--
(1) In general.--Not later than 30 days after the date of
distribution of obligation limitation under subsection (a),
the Secretary shall distribute to the States any funds
(excluding funds authorized for the program under section 202
of title 23, United States Code) that--
(A) are authorized to be appropriated for such fiscal year
for Federal-aid highway programs; and
(B) the Secretary determines will not be allocated to the
States (or will not be apportioned to the States under
section 204 of title 23, United States Code), and will not be
available for obligation, for such fiscal year because of the
imposition of any obligation limitation for such fiscal year.
(2) Ratio.--Funds shall be distributed under paragraph (1)
in the same proportion as the distribution of obligation
authority under subsection (a)(5).
(3) Availability.--Funds distributed to each State under
paragraph (1) shall be available for any purpose described in
section 133(b) of title 23, United States Code.
Sec. 121. Notwithstanding 31 U.S.C. 3302, funds received
by the Bureau of Transportation Statistics from the sale of
data products, for necessary expenses incurred pursuant to
chapter 63 of title 49, United States Code, may be credited
to the Federal-aid highways account for the purpose of
reimbursing the Bureau for such expenses.
Sec. 122. Not less than 15 days prior to waiving, under
his or her statutory authority, any Buy America requirement
for Federal-aid highways projects, the Secretary of
Transportation shall make an informal public notice and
comment opportunity on the intent to issue such waiver and
the reasons therefor: Provided, That the Secretary shall
post on a website any waivers granted under the Buy America
requirements.
Sec. 123. None of the funds made available in this Act may
be used to make a grant for a project under section 117 of
title 23, United States Code, unless the Secretary, at least
60 days before making a grant under that section, provides
written notification to the House and Senate Committees on
Appropriations of the proposed grant, including an evaluation
and justification for the project and the amount of the
proposed grant award.
Sec. 124. (a) A State or territory, as defined in section
165 of title 23, United States Code, may use for any project
eligible under section 133(b) of title 23 or section 165 of
title 23 and located within the boundary of the State or
territory any earmarked amount, and any associated obligation
limitation: Provided, That the Department of Transportation
for the State or territory for which the earmarked amount was
originally designated or directed notifies the Secretary of
its intent to use its authority under this section and
submits an annual report to the Secretary identifying the
projects to which the funding would be applied.
Notwithstanding the original period of availability of funds
to be obligated under this section, such funds and associated
obligation limitation shall remain available for obligation
for a period of 3 fiscal years after the fiscal year in which
the Secretary is notified. The Federal share of the cost of a
project carried out with funds made available under this
section shall be the same as associated with the earmark.
(b) In this section, the term ``earmarked amount'' means--
(1) congressionally directed spending, as defined in rule
XLIV of the Standing Rules of the Senate, identified in a
prior law, report, or joint explanatory statement, which was
authorized to be appropriated or appropriated more than 10
fiscal years prior to the current fiscal year, and
administered by the Federal Highway Administration; or
(2) a congressional earmark, as defined in rule XXI of the
Rules of the House of Representatives, identified in a prior
law, report, or joint explanatory statement, which was
authorized to be appropriated or appropriated more than 10
fiscal years prior to the current fiscal year, and
administered by the Federal Highway Administration.
(c) The authority under subsection (a) may be exercised
only for those projects or activities that have obligated
less than 10 percent of the amount made available for
obligation as of October 1 of the current fiscal year, and
shall be applied to projects within the same general
geographic area within 25 miles for which the funding was
designated, except that a State or territory may apply such
authority to unexpended balances of funds from projects or
activities the State or territory certifies have been closed
and for which payments have been made under a final voucher.
(d) The Secretary shall submit consolidated reports of the
information provided by the States and territories annually
to the House and Senate Committees on Appropriations.
Sec. 125. (a) Of the unallocated and unobligated balances
available to the Federal Highway Administration, the
following funds are hereby permanently cancelled, subject to
subsections (b) and (c), from the following accounts and
programs in the specified amounts:
(1) $53,160,115 from funds available in the ``Surface
Transportation Priorities'' account (69 X 0538);
(2) $1,839,130 from funds available in the ``Delta Regional
Transportation Development Program'' account (69 X 0551);
(3) $11,814,580 from funds available in the ``Appalachian
Development Highway System'' account (69 X 0640);
(4) $392,112 from funds available in the ``Bridge Capacity
Improvements'' account (69 X 8057);
(5) $30,640,110 from funds available in the ``Miscellaneous
Highway Project'' account (69 X 8058); and
(6) $7,063,307 from funds available in the ``Highway
Projects'' account (69 X 8382).
(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. None of the funds made available by this or any
other Act may be used to finalize, implement, administer, or
enforce the proposed rule entitled ``National Performance
Management Measures; Assessing Performance of the National
Highway System, Greenhouse Gas Emissions Measure'' published
by the Federal Highway Administration in the Federal Register
on July 15, 2022 (87 Fed. Reg. 42401) or successor
regulation.
Federal Motor Carrier Safety Administration
motor carrier safety operations and programs
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in the implementation,
execution and administration of motor carrier safety
operations and programs pursuant to section 31110 of title
49, United States Code, as amended by the Infrastructure
Investment and Jobs Act (Public Law 117-58), $375,000,000, 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 $375,000,000, for ``Motor
Carrier Safety Operations and Programs'' for fiscal year
2024, of which $14,073,000, to remain available for
obligation until September 30, 2026, is for the research and
technology program, and of which not less than $63,098,000,
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.
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
[[Page H5433]]
31313 of title 49, United States Code, $516,300,000, 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 $516,300,000 in fiscal year 2024 for
``Motor Carrier Safety Grants'': Provided further, That of
the amounts made available under this heading--
(1) $406,500,000, to remain available for obligation until
September 30, 2025, shall be for the motor carrier safety
assistance program;
(2) $43,500,000, to remain available for obligation until
September 30, 2025, shall be for the commercial driver's
license program implementation program;
(3) $60,000,000, to remain available for obligation until
September 30, 2025, shall be for the high priority program;
(4) $1,300,000, to remain available for obligation until
September 30, 2025, shall be for the commercial motor vehicle
operators grant program; and
(5) $5,000,000, 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 by this Act or any other Act may be used to
promulgate any rule or regulation to require vehicles with a
gross vehicle weight of more than 26,000 pounds operating in
interstate commerce to be equipped with a speed limiting
device set to a maximum speed.
Sec. 132. None of the funds appropriated or otherwise made
available by this Act or any other Act may be used to require
the use of inward facing cameras as a condition for
participation in the apprenticeship pilot program under
section 23022 of the Infrastructure Investment and Jobs Act
(49 U.S.C. 31315 note).
Sec. 133. None of the funds appropriated or otherwise made
available by this Act or any other Act may be used to
implement a policy or regulation for the requirement that a
motor carrier register an apprenticeship program with the
Department of Labor, including registration under part 29 of
title 29, Code of Federal Regulations, in order to
participate in the apprenticeship pilot program under section
23022 of the Infrastructure Investment and Jobs Act (49
U.S.C. 31315 note).
Sec. 134. None of the funds appropriated or otherwise made
available to the Department of Transportation by this Act or
any other Act may be obligated or expended to implement,
administer, or enforce the requirements of section 31137 of
title 49, United States Code, or any regulation issued by the
Secretary pursuant to such section, with respect to the use
of electronic logging devices by operators of commercial
motor vehicles, as defined in section 31132(1) of such title,
transporting livestock as defined in section 602 of the
Emergency Livestock Feed Assistance Act of 1988 (7 U.S.C.
1471) or insects.
National Highway Traffic Safety Administration
operations and research
For expenses necessary to discharge the functions of the
Secretary, with respect to traffic and highway safety,
authorized under chapter 301 and part C of subtitle VI of
title 49, United States Code, $260,000,000, 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,
$201,200,000, 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 $201,200,000: Provided further, That of the sums
appropriated under this heading--
(1) $194,000,000 shall be for programs authorized under
section 403 of title 23, United States Code, including
behavioral research on Automated Driving Systems and Advanced
Driver Assistance Systems and improving consumer responses to
safety recalls, and section 25024 of the Infrastructure
Investment and Jobs Act (Public Law 117-58); and
(2) $7,200,000 shall be for the National Driver Register
authorized under chapter 303 of title 49, United States Code:
Provided further, That within the $201,200,000 obligation
limitation for operations and research, $57,500,000 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, $813,300,800, 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 $813,300,800
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) $378,400,000 shall be for ``Highway Safety Programs''
under section 402 of title 23, United States Code;
(2) $353,500,000 shall be for ``National Priority Safety
Programs'' under section 405 of title 23, United States Code;
(3) $40,300,000 shall be for the ``High Visibility
Enforcement Program'' under section 404 of title 23, United
States Code; and
(4) $41,100,800 shall be for grant administrative expenses
under chapter 4 of title 23, United States Code:
Provided further, That none of these funds shall be used
for construction, rehabilitation, or remodeling costs, or for
office furnishings and fixtures for State, local or private
buildings or structures: Provided further, That not to
exceed $500,000 of the funds made available for ``National
Priority Safety Programs'' under section 405 of title 23,
United States Code, for ``Impaired Driving Countermeasures''
(as described in subsection (d) of that section) shall be
available for technical assistance to the States: Provided
further, That with respect to the ``Transfers'' provision
under section 405(a)(8) of title 23, United States Code, any
amounts transferred to increase the amounts made available
under section 402 shall include the obligation authority for
such amounts: Provided further, That the Administrator shall
notify the House and Senate Committees on Appropriations 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.
administrative provision--national highway traffic safety
administration
Sec. 140. 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.
Federal Railroad Administration
safety and operations
For necessary expenses of the Federal Railroad
Administration, not otherwise provided for, $273,458,000, of
which $25,000,000 shall remain available until expended.
railroad research and development
For necessary expenses for railroad research and
development, $44,000,000, to remain available until expended:
Provided, That of the amounts provided under this heading,
up to $3,000,000 shall be available pursuant to section
20108(d) of title 49, United States Code, for the
construction, alteration, and repair of buildings and
improvements at the Transportation Technology Center.
consolidated rail infrastructure and safety improvements
For necessary expenses related to Consolidated Rail
Infrastructure and Safety Improvements grants, as authorized
by section 22907 of title 49, United States Code,
$258,464,439 to remain available until expended: Provided,
That of the amounts made available under this heading in this
Act, $28,864,439 shall be made available for the purposes,
and in amounts, specified for Community Project Funding in
the table entitled ``Community Project Funding'' included in
the Report accompanying this Act: Provided further, That
amounts made available for Community Project Funding under
this heading in this Act shall be available for railroad
project planning activities of projects otherwise eligible
under 22907(c): Provided further, That requirements under
subsections (g) and (l) of section 22907 of title 49, United
States Code, shall not apply to the amounts made available
under this heading in this Act for Community Project Funding:
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 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.
[[Page H5434]]
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), $99,231,000, to remain available
until expended: Provided, That the Secretary may retain up
to one-half of one 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).
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 division B of the Infrastructure Investment and
Jobs Act (Public Law 117-58), $776,376,000, to remain
available until expended.
administrative provisions--federal railroad administration
(including transfer of funds)
Sec. 150. 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. 151. None of the funds made available to the National
Railroad Passenger Corporation may be used to fund any
overtime costs in excess of $35,000 for any individual
employee: Provided, That the President of Amtrak may waive
the cap set in the preceding proviso for specific employees
when the President of Amtrak determines such a cap poses a
risk to the safety and operational efficiency of the system:
Provided further, That the President of Amtrak shall report
to the House and Senate Committees on Appropriations no later
than 60 days after the date of enactment of this Act, a
summary of all overtime payments incurred by Amtrak for 2023
and the three 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 three prior calendar years.
Sec. 152. None of the funds made available to the National
Railroad Passenger Corporation under the headings ``Northeast
Corridor Grants to the National Railroad Passenger
Corporation'' and ``National Network Grants to the National
Railroad Passenger Corporation'' may be used to reduce the
total number of Amtrak Police Department uniformed officers
patrolling on board passenger trains or at stations,
facilities or rights-of-way below the staffing level on May
1, 2019.
Sec. 153. None of the funds appropriated or otherwise made
available under this Act or any other Act may be provided to
the State of California for a high-speed rail corridor
development project that is the same or substantially similar
to the project that is the subject of Cooperative Agreement
No. FR-HSR-0118-12-01-01 entered into between the California
High-Speed Rail Authority and the Federal Railroad
Administration.
Federal Transit Administration
transit formula grants
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in the Federal Public
Transportation Assistance Program in this account, and for
payment of obligations incurred in carrying out the
provisions of 49 U.S.C. 5305, 5307, 5310, 5311, 5312, 5314,
5318, 5329(e)(6), 5334, 5335, 5337, 5339, and 5340, as
amended by the Infrastructure Investment and Jobs Act,
section 20005(b) of Public Law 112-141, and section 3006(b)
of the Fixing America's Surface Transportation Act,
$13,990,000,000, to be derived from the Mass Transit Account
of the Highway Trust Fund and to remain available until
expended: Provided, That funds available for the
implementation or execution of programs authorized under 49
U.S.C. 5305, 5307, 5310, 5311, 5312, 5314, 5318, 5329(e)(6),
5334, 5335, 5337, 5339, and 5340, as amended by the
Infrastructure Investment and Jobs Act, section 20005(b) of
Public Law 112-141, and section 3006(b) of the Fixing
America's Surface Transportation Act, shall not exceed total
obligations of $13,990,000,000 in fiscal year 2024.
transit infrastructure grants
For an additional amount for Community Project Funding for
projects and activities eligible under chapter 53 of such
title, $130,828,124, to remain available until expended, for
the purposes, and in amounts, specified for Community Project
Funding in the table entitled ``Community Project Funding''
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: 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, $8,000,000, to remain available until
September 30, 2025, of which $500,000 shall be for the
purpose of providing technical assistance and resources to
Federally Recognized Tribes through the National Rural
Transportation Assistance Program authorized under
5311(b)(3)(C) of title 49, United States Code: Provided,
That the assistance provided under this heading does not
duplicate the activities of 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), $392,204,000,
to remain available until expended, of which $388,281,960
shall be available for projects authorized under section
5309(d) of title 49, United States Code.
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), $150,000,000, to remain available until
expended: Provided, That the Secretary of Transportation
shall approve grants for capital and preventive maintenance
expenditures for the Washington Metropolitan Area Transit
Authority only after receiving and reviewing a request for
each specific project: Provided further, That the Secretary
shall determine that the Washington Metropolitan Area Transit
Authority has placed the highest priority on those
investments that will improve the safety of the system before
approving such grants.
administrative provisions--federal transit administration
Sec. 160. The limitations on obligations for the programs
of the Federal Transit Administration shall not apply to any
authority under 49 U.S.C. 5338, previously made available for
obligation, or to any other authority previously made
available for obligation.
Sec. 161. Notwithstanding any other provision of law,
funds appropriated or limited by this Act under the heading
``Capital Investment Grants'' of the Federal Transit
Administration for projects specified in this Act not
obligated by September 30, 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)).
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
[[Page H5435]]
Seaway Development Corporation, $40,288,000, 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 $16,300,000 shall be for the
seaway infrastructure program.
Maritime Administration
maritime security program
(including rescission of funds)
For necessary expenses to maintain and preserve a U.S.-flag
merchant fleet as authorized under chapter 531 of title 46,
United States Code, to serve the national security needs of
the United States, $318,000,000, to remain available until
expended: Provided, That of the unobligated balances from
prior year appropriations available under this heading,
$6,000,000 are hereby permanently rescinded.
cable security fleet
For the cable security fleet program, as authorized under
chapter 532 of title 46, United States Code, $10,000,000, to
remain available until expended.
tanker security program
For Tanker Security Fleet payments, as authorized under
section 53406 of title 46, United States Code, $60,000,000,
to remain available until expended: Provided, That funds
appropriated for the Tanker Security Fleet Program in the
Consolidated Appropriations Act, 2022 (P.L. 117-103) shall be
available as authorized under section 53406 of title 46,
United States Code, and for the Secretary to timely reimburse
each program participant up to $2,500,000 for each of its
vessels covered by an operating agreement under section 53403
of title 46, United States Code, for verifiable training and
other costs incurred to ensure that mariners on such vessels
are fully qualified to meet the specialized requirements to
serve on product tank vessels.
operations and training
For necessary expenses of operations and training
activities authorized by law, $210,181,000: Provided, That
of the sums appropriated under this heading--
(1) $89,507,000 shall remain available until September 30,
2025, for the operations of the United States Merchant Marine
Academy;
(2) $11,900,000 shall remain available until expended, for
facilities maintenance and repair, and equipment, at the
United States Merchant Marine Academy;
(3) $31,921,000 shall remain available until expended, for
capital improvements at the United States Merchant Marine
Academy;
(4) $6,000,000 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) $10,000,000 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, $56,400,000:
Provided, That of the sums appropriated under this heading--
(1) $22,000,000 shall remain available until expended, for
maintenance, repair, and life extension of training ships at
the State Maritime Academies;
(2) $19,200,000 shall remain available until expended, for
the National Security Multi-Mission Vessel Program, including
funds for construction, planning, administration, and design
of school ships and, as determined by the Secretary,
necessary expenses to design, plan, construct infrastructure,
and purchase equipment necessary to berth such ships;
(3) $2,400,000 shall remain available until September 30,
2028, for the Student Incentive Program;
(4) $6,800,000 shall remain available until expended, for
training ship fuel assistance; and
(5) $6,000,000 shall remain available until September 30,
2025, for direct payments for State Maritime Academies:
Provided further, That the Administrator of the Maritime
Administration may use the funds made available under
paragraph (2) and the funds provided for shoreside
infrastructure improvements in Public Law 117-103 for the
purposes described in paragraph (2): Provided further, That
such funds may be used to reimburse State Maritime Academies
for costs incurred prior to the date of enactment of this
Act: Provided further, That such funds shall be available for
reimbursement only for those costs incurred in compliance
with all applicable Federal law, including the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and
the National Historic Preservation Act (54 U.S.C. 300101 et
seq.).
assistance to small shipyards
To make grants to qualified shipyards as authorized under
section 54101 of title 46, United States Code, $20,000,000,
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, $6,000,000, to remain available until
expended.
maritime guaranteed loan (title xi) program account
(including transfer of funds)
For administrative expenses to carry out the guaranteed
loan program, $3,000,000, which shall be transferred to and
merged with the appropriations for ``Maritime
Administration--Operations and Training''.
port infrastructure development program
To make grants to improve port facilities as authorized
under section 54301 of title 46, United States Code,
$69,727,566 to remain available until expended, for the
purposes, and in the amounts, specified for Community Project
Funding in the table entitled ``Community Project Funding''
included in the Report accompanying this Act.
administrative provisions--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.
Sec. 171. In addition to amounts otherwise made available
by this or any other Act, there is hereby appropriated
$6,000,000, to remain available until expended, to carry out
section 3546 of Public Law 117-263, Recapitalization of
National Defense Reserve Fleet.
Pipeline and Hazardous Materials Safety Administration
operational expenses
For necessary operational expenses of the Pipeline and
Hazardous Materials Safety Administration, $31,681,000, of
which $4,500,000 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, $80,874,000; of which $14,070,000
shall remain available until September 30, 2026, of which
$1,000,000 shall be made available for carrying out section
5107(i) of title 49, United States Code: Provided, That up
to $800,000 in fees collected under section 5108(g) of title
49, United States Code, shall be deposited in the general
fund of the Treasury as offsetting receipts: Provided
further, That there may be credited to this appropriation, to
be available until expended, funds received from States,
counties, municipalities, other public authorities, and
private sources for expenses incurred for training, for
reports publication and dissemination, and for travel
expenses incurred in performance of hazardous materials
exemptions and approvals functions.
pipeline safety
(pipeline safety fund)
(oil spill liability trust fund)
For expenses necessary to carry out a pipeline safety
program, as authorized by section 60107 of title 49, United
States Code, and to discharge the pipeline program
responsibilities of the Oil Pollution Act of 1990 (Public Law
101-380), $197,441,000, to remain available until September
30, 2026, of which $30,000,000 shall be derived from the Oil
Spill Liability Trust Fund; of which $160,041,000 shall be
derived from the Pipeline Safety Fund; of which $400,000
shall be derived from the fees collected under section 60303
of title 49, United States Code, and deposited in the
Liquefied Natural Gas Siting Account for compliance reviews
of liquefied natural gas facilities; and of which $7,000,000
shall be derived from fees collected under section 60302 of
title 49, United States Code, and deposited in the
Underground Natural Gas Storage Facility Safety Account for
the purpose of carrying out section 60141 of title 49, United
States Code: Provided, That not less than $1,058,000 of the
amounts made available under this heading shall be for the
One-Call State grant program: Provided further, That any
amounts made available under this heading in this Act or in
prior Acts for research contracts, grants, cooperative
agreements or research other transactions agreements
(``OTAs'') shall require written notification to the House
and Senate Committees on Appropriations not less than 3 full
business days before such research contracts, grants,
cooperative agreements, or research OTAs are announced by the
Department of Transportation.
emergency preparedness grants
(limitation on obligations)
(emergency preparedness fund)
For expenses necessary to carry out the Emergency
Preparedness Grants program,
[[Page H5436]]
not more than $28,318,000 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 section 404 of title 5, United
States Code, as amended, $121,001,000: 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: Provided
further, That the Inspector General shall have independent
authority over all personnel issues within this office.
General Provisions--Department of Transportation
Sec. 180. (a) During the current fiscal year, applicable
appropriations to the Department of Transportation shall be
available for maintenance and operation of aircraft; hire of
passenger motor vehicles and aircraft; purchase of liability
insurance for motor vehicles operating in foreign countries
on official department business; and uniforms or allowances
therefor, as authorized by sections 5901 and 5902 of title 5,
United States Code.
(b) During the current fiscal year, applicable
appropriations to the Department and its operating
administrations shall be available for the purchase,
maintenance, operation, and deployment of unmanned aircraft
systems that advance the missions of the Department of
Transportation or an operating administration of the
Department of Transportation.
(c) Any unmanned aircraft system purchased, procured, or
contracted for by the Department prior to the date of
enactment of this Act shall be deemed authorized by Congress
as if this provision was in effect when the system was
purchased, procured, or contracted for.
Sec. 181. Appropriations contained in this Act for the
Department of Transportation shall be available for services
as authorized by section 3109 of title 5, United States Code,
but at rates for individuals not to exceed the per diem rate
equivalent to the rate for an Executive Level IV.
Sec. 182. (a) No recipient of amounts made available by
this Act shall disseminate personal information (as defined
in section 2725(3) of title 18, United States Code) obtained
by a State department of motor vehicles in connection with a
motor vehicle record as defined in section 2725(1) of title
18, United States Code, except as provided in section 2721 of
title 18, United States Code, for a use permitted under
section 2721 of title 18, United States Code.
(b) Notwithstanding subsection (a), the Secretary shall not
withhold amounts made available by this Act for any grantee
if a State is in noncompliance with this provision.
Sec. 183. None of the funds made available by this Act
shall be available for salaries and expenses of more than 125
political and Presidential appointees in the Department of
Transportation: Provided, That none of the personnel covered
by this provision may be assigned on temporary detail outside
the Department of Transportation.
Sec. 184. Funds received by the Federal Highway
Administration and Federal Railroad Administration from
States, counties, municipalities, other public authorities,
and private sources for expenses incurred for training may be
credited respectively to the Federal Highway Administration's
``Federal-Aid Highways'' account and to the Federal Railroad
Administration's ``Safety and Operations'' account, except
for State rail safety inspectors participating in training
pursuant to section 20105 of title 49, United States Code.
Sec. 185. None of the funds made available by this Act or
in title VIII of division J of Public Law 117-58 to the
Department of Transportation may be used to make a loan, loan
guarantee, line of credit, letter of intent, federally funded
cooperative agreement, full funding grant agreement, or
discretionary grant unless the Secretary of Transportation
notifies the House and Senate Committees on Appropriations
not less than 3 full business days before any project
competitively selected to receive any discretionary grant
award, letter of intent, loan commitment, loan guarantee
commitment, line of credit commitment, federally funded
cooperative agreement, or full funding grant agreement is
announced by the Department or its operating administrations:
Provided, That the Secretary of Transportation shall provide
the House and Senate Committees on Appropriations with a
comprehensive list of all such loans, loan guarantees, lines
of credit, letters of intent, federally funded cooperative
agreements, full funding grant agreements, and discretionary
grants prior to the notification required under the preceding
proviso: Provided further, That the Secretary gives
concurrent notification to the House and Senate Committees on
Appropriations for any ``quick release'' of funds from the
emergency relief program: Provided further, That no
notification shall involve funds that are not available for
obligation.
Sec. 186. Rebates, refunds, incentive payments, minor
fees, and other funds received by the Department of
Transportation from travel management centers, charge card
programs, the subleasing of building space, and miscellaneous
sources are to be credited to appropriations of the
Department of Transportation and allocated to organizational
units of the Department of Transportation using fair and
equitable criteria and such funds shall be available until
expended.
Sec. 187. Notwithstanding any other provision of law, if
any funds provided by or limited by this Act are subject to a
reprogramming action that requires notice to be provided to
the House and Senate Committees on Appropriations,
transmission of such reprogramming notice shall be provided
solely to the House and Senate Committees on Appropriations,
and such reprogramming action shall be approved or denied
solely by the House and Senate Committees on Appropriations:
Provided, That the Secretary of Transportation may provide
notice to other congressional committees of the action of the
House and Senate Committees on Appropriations on such
reprogramming but not sooner than 30 days after the date on
which the reprogramming action has been approved or denied by
the House and Senate Committees on Appropriations.
Sec. 188. Funds appropriated by this Act to the operating
administrations may be obligated for the Office of the
Secretary for the costs related to assessments or
reimbursable agreements only when such amounts are for the
costs of goods and services that are purchased to provide a
direct benefit to the applicable operating administration or
administrations.
Sec. 189. The Secretary of Transportation is authorized to
carry out a program that establishes uniform standards for
developing and supporting agency transit pass and transit
benefits authorized under section 7905 of title 5, United
States Code, including distribution of transit benefits by
various paper and electronic media.
Sec. 190. The Department of Transportation may use funds
provided by this Act, or any other Act, to assist a contract
under title 49 or 23 of the United States Code utilizing
geographic, economic, or any other hiring preference not
otherwise authorized by law, or to amend a rule, regulation,
policy or other measure that forbids a recipient of a Federal
Highway Administration or Federal Transit Administration
grant from imposing such hiring preference on a contract or
construction project with which the Department of
Transportation is assisting, only if the grant recipient
certifies the following:
(1) that except with respect to apprentices or trainees, a
pool of readily available but unemployed individuals
possessing the knowledge, skill, and ability to perform the
work that the contract requires resides in the jurisdiction;
(2) that the grant recipient will include appropriate
provisions in its bid document ensuring that the contractor
does not displace any of its existing employees in order to
satisfy such hiring preference; and
(3) that any increase in the cost of labor, training, or
delays resulting from the use of such hiring preference does
not delay or displace any transportation project in the
applicable Statewide Transportation Improvement Program or
Transportation Improvement Program.
Sec. 191. The Secretary of Transportation shall coordinate
with the Secretary of Homeland Security to ensure that best
practices for Industrial Control Systems Procurement are up-
to-date and shall ensure that systems procured with funds
provided under this title were procured using such practices.
Sec. 192. None of the funds made available in this Act or
any other Act may be used to require information, criteria,
reporting requirements, or submissions with respect to any
grant program of the Department of Transportation in
accordance with an equity action plan, including the Equity
Action Plan of the Department of Transportation published in
January 2022.
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
[[Page H5437]]
and Intergovernmental Relations, Public Affairs, Small and
Disadvantaged Business Utilization, and the Center for Faith-
Based and Neighborhood Partnerships, $18,699,000, to remain
available until September 30, 2025: Provided, That not to
exceed $25,000 of the amount made available under this
heading shall be available to the Secretary of Housing and
Urban Development (referred to in this title as ``the
Secretary'') for official reception and representation
expenses as the Secretary may determine.
administrative support offices
For necessary salaries and expenses for Administrative
Support Offices, $664,287,000, to remain available until
September 30, 2025: Provided, That of the sums appropriated
under this heading--
(1) $90,380,000 shall be available for the Office of the
Chief Financial Officer;
(2) $125,833,000 shall be available for the Office of the
General Counsel, of which not less than $20,300,000 shall be
for the Departmental Enforcement Center;
(3) $226,682,000 shall be available for the Office of
Administration, of which not less than $4,680,000 may be for
modernization and deferred maintenance of the Weaver
Building;
(4) $51,743,000 shall be available for the Office of the
Chief Human Capital Officer;
(5) $28,137,000 shall be available for the Office of the
Chief Procurement Officer;
(6) $66,130,000 shall be available for the Office of Field
Policy and Management;
(7) $4,630,000 shall be available for the Office of
Departmental Equal Employment Opportunity; and
(8) $70,752,000 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.
program offices
For necessary salaries and expenses for Program Offices,
$1,062,065,000, to remain available until September 30, 2025:
Provided, That of the sums appropriated under this heading--
(1) $280,117,000 shall be available for the Office of
Public and Indian Housing;
(2) $164,507,000 shall be available for the Office of
Community Planning and Development;
(3) $468,286,000 shall be available for the Office of
Housing, of which not less than $13,300,000 shall be for the
Office of Recapitalization;
(4) $39,884,000 shall be available for the Office of Policy
Development and Research;
(5) $98,081,000 shall be available for the Office of Fair
Housing and Equal Opportunity; and
(6) $11,190,000 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 information technology end-
user devices and wireless support, printing, records
management, space renovation, furniture, or supply services
the Secretary has determined shall be provided through the
Fund, and the operational expenses of the Fund: Provided,
That amounts within the Fund shall not be available to
provide services not specifically authorized under this
heading: Provided further, That upon a determination by the
Secretary that any other service (or portion thereof)
authorized under this heading shall be provided through the
Fund, amounts made available in this title for salaries and
expenses under the headings ``Executive Offices'',
``Administrative Support Offices'', ``Program Offices'', and
``Government National Mortgage Association'', for such
services shall be transferred to the Fund, to remain
available until expended: Provided further, That the
Secretary shall notify the House and Senate Committees on
Appropriations of its plans for executing such transfers at
least 15 days in advance of such transfers.
Public and Indian Housing
tenant-based rental assistance
For activities and assistance for the provision of tenant-
based rental assistance authorized under the United States
Housing Act of 1937, as amended (42 U.S.C. 1437 et seq.) (in
this title ``the Act''), not otherwise provided for,
$27,131,600,000 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
$4,000,000,000, to remain available until expended, which
shall be available on October 1, 2024: Provided, That of the
sums appropriated under this heading--
(1) $27,374,554,000 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), 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 with the prior written approval of the
House and Senate Committees on Appropriations: Provided
further, That public housing agencies participating in the
MTW demonstration shall be funded in accordance with the
requirements of the MTW demonstration program or their MTW
agreements, if any, and shall be subject to the same pro rata
adjustments under the preceding provisos: Provided further,
That the Secretary may offset public housing agencies'
calendar year 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 $100,000,000 shall be available
only--
(A) for adjustments in the allocations for public housing
agencies, after application for an adjustment by a public
housing agency that experienced a significant increase, as
determined by the Secretary, in renewal costs of vouchers
resulting from unforeseen circumstances or from portability
under section 8(r) of the Act;
(B) for vouchers that were not in use during the previous
12-month period in order to be available to meet a commitment
pursuant to section 8(o)(13) of the Act, or an adjustment for
a funding obligation not yet expended in the previous
calendar year for a MTW-eligible activity to develop
affordable housing for an agency added to the MTW
demonstration under the expansion authority provided in
section 239 of the Transportation, Housing and Urban
Development, and Related Agencies Appropriations Act, 2016
(division L of Public Law 114-113);
(C) for adjustments for costs associated with HUD-Veterans
Affairs Supportive Housing (HUD-VASH) vouchers;
(D) for public housing agencies that despite taking
reasonable cost savings measures, as determined by the
Secretary, would otherwise be required to terminate rental
assistance for families as a result of insufficient funding;
(E) for adjustments in the allocations for public housing
agencies that--
(i) are leasing a lower-than-average percentage of their
authorized vouchers,
(ii) have low amounts of budget authority in their net
restricted assets accounts and HUD-held programmatic
reserves, relative to other agencies, and
(iii) are not participating in the Moving to Work
demonstration, to enable such agencies to lease more
vouchers;
(F) for withheld payments in accordance with section
8(o)(8)(A)(ii) of the Act for months in the previous calendar
year that were subsequently paid by the public housing
[[Page H5438]]
agency after the agency's actual costs were validated; and
(G) for public housing agencies that have experienced
increased costs or loss of units in an area for which the
President declared a disaster under title IV of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5170 et seq.):
Provided further, That the Secretary shall allocate amounts
under the preceding proviso based on need, as determined by
the Secretary;
(2) $337,000,000 shall be available for section 8 rental
assistance for relocation and replacement of housing units
that are demolished or disposed of pursuant to section 18 of
the Act, conversion of section 23 projects to assistance
under section 8, relocation of witnesses (including victims
of violent crimes) in connection with efforts to combat crime
in public and assisted housing pursuant to a request from a
law enforcement or prosecution agency, enhanced vouchers
under any provision of law authorizing such assistance under
section 8(t) of the Act, Choice Neighborhood vouchers,
mandatory and voluntary conversions, and tenant protection
assistance including replacement and relocation assistance or
for project-based assistance to prevent the displacement of
unassisted elderly tenants currently residing in section 202
properties financed between 1959 and 1974 that are refinanced
pursuant to Public Law 106-569, as amended, or under the
authority as provided under this Act: Provided, That when a
public housing development is submitted for demolition or
disposition under section 18 of the Act, the Secretary may
provide section 8 rental assistance when the units pose an
imminent health and safety risk to residents: Provided
further, That the Secretary may provide section 8 rental
assistance from amounts made available under this paragraph
for units assisted under a project-based subsidy contract
funded under the ``Project-Based Rental Assistance'' heading
under this title where the owner has received a Notice of
Default and the units pose an imminent health and safety risk
to residents: Provided further, That of the amounts made
available under this paragraph, no less than $5,000,000 may
be available to provide tenant protection assistance, not
otherwise provided under this paragraph, to residents
residing in low vacancy areas and who may have to pay rents
greater than 30 percent of household income, as the result of
(A) the maturity of a HUD-insured, HUD-held or section 202
loan that requires the permission of the Secretary prior to
loan prepayment; (B) the expiration of a rental assistance
contract for which the tenants are not eligible for enhanced
voucher or tenant protection assistance under existing law;
or (C) the expiration of affordability restrictions
accompanying a mortgage or preservation program administered
by the Secretary: Provided further, That such tenant
protection assistance made available under the preceding
proviso may be provided under the authority of section 8(t)
or section 8(o)(13) of the Act: Provided further, That any
tenant protection voucher made available from amounts under
this paragraph shall not be reissued by any public housing
agency, except the replacement vouchers as defined by the
Secretary by notice, when the initial family that received
any such voucher no longer receives such voucher, and the
authority for any public housing agency to issue any such
voucher shall cease to exist: Provided further, That the
Secretary may only provide replacement vouchers for units
that were occupied within the previous 24 months that cease
to be available as assisted housing, subject only to the
availability of funds;
(3) $2,734,046,000 shall be available for administrative
and other expenses of public housing agencies in
administering the section 8 tenant-based rental assistance
program, of which up to $30,000,000 shall be available to the
Secretary to allocate to public housing agencies that need
additional funds to administer their section 8 programs,
including fees associated with section 8 tenant protection
rental assistance, the administration of disaster related
vouchers, HUD-VASH vouchers, and other special purpose
incremental vouchers: Provided, That no less than
$2,704,046,000 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 to the
Department of Housing and Urban Development under this
heading from prior fiscal years, excluding special purpose
vouchers, notwithstanding the purposes for which such amounts
were appropriated: Provided further, That all public housing
agencies participating in the MTW demonstration shall be
funded in accordance with the requirements of the MTW
demonstration program or their MTW agreements, if any, and
shall be subject to the same uniform percentage decrease as
under the preceding proviso: Provided further, That amounts
provided under this paragraph shall be only for activities
related to the provision of tenant-based rental assistance
authorized under section 8, including related development
activities;
(4) $686,000,000 shall be available for the renewal of
tenant-based assistance contracts under section 811 of the
Cranston-Gonzalez National Affordable Housing Act (42 U.S.C.
8013), including necessary administrative expenses:
Provided, That administrative and other expenses of public
housing agencies in administering the special purpose
vouchers in this paragraph shall be funded under the same
terms and be subject to the same pro rata reduction as the
percent decrease for administrative and other expenses to
public housing agencies under paragraph (3) of this heading:
Provided further, That up to $10,000,000 shall be available
only--
(A) for adjustments in the allocation for public housing
agencies, after applications for an adjustment by a public
housing agency that experienced a significant increase, as
determined by the Secretary, in Mainstream renewal costs
resulting from unforeseen circumstances; and
(B) for public housing agencies that despite taking
reasonable cost savings measures, as determined by the
Secretary, would otherwise be required to terminate the
rental assistance for Mainstream families as a result of
insufficient funding:
Provided further, That the Secretary shall allocate amounts
under the preceding proviso based on need, as determined by
the Secretary: Provided further, That upon turnover, section
811 special purpose vouchers funded under this heading in
this or prior Acts, or under any other heading in prior Acts,
shall be provided to non-elderly persons with disabilities;
(5) Of the amounts provided under paragraph (1), up to
$5,000,000 shall be available for rental assistance and
associated administrative fees for Tribal HUD-VASH to serve
Native American veterans that are homeless or at-risk of
homelessness living on or near a reservation or other Indian
areas: Provided, That such amount shall be made available
for renewal grants to recipients that received assistance
under prior Acts under the Tribal HUD-VASH program: Provided
further, That the Secretary shall be authorized to specify
criteria for renewal grants, including data on the
utilization of assistance reported by grant recipients:
Provided further, That such assistance shall be administered
in accordance with program requirements under the Native
American Housing Assistance and Self-Determination Act of
1996 and modeled after the HUD-VASH program: Provided
further, That the Secretary shall be authorized to waive, or
specify alternative requirements for any provision of any
statute or regulation that the Secretary administers in
connection with the use of funds made available under this
paragraph (except for requirements related to fair housing,
nondiscrimination, labor standards, and the environment),
upon a finding by the Secretary that any such waivers or
alternative requirements are necessary for the effective
delivery and administration of such assistance: Provided
further, That grant recipients shall report to the Secretary
on utilization of such rental assistance and other program
data, as prescribed by the Secretary: Provided further, That
the Secretary may reallocate, as determined by the Secretary,
amounts returned or recaptured from awards under the Tribal
HUD-VASH program under prior Acts to existing recipients
under the Tribal HUD-VASH program; and
(6) 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
U.S.C. 1437g(e)) (the ``Act''), and to carry out capital and
management activities for public housing agencies, as
authorized under section 9(d) of the Act (42 U.S.C.
1437g(d)), $8,363,000,000, to remain available until
September 30, 2027: Provided, That of the sums appropriated
under this heading--
(1) $5,103,000,000 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;
[[Page H5439]]
(2) $25,000,000 shall be available for the Secretary to
allocate pursuant to a need-based application process
notwithstanding section 203 of this title and not subject to
such Operating Fund formula to public housing agencies that
experience, or are at risk of, financial shortfalls, as
determined by the Secretary: Provided, That after all such
shortfall needs are met, the Secretary may distribute any
remaining funds to all public housing agencies on a pro-rata
basis pursuant to such Operating Fund formula;
(3) $3,180,000,000 shall be available for the Secretary to
allocate pursuant to the Capital Fund formula at section
905.400 of title 24, Code of Federal Regulations: Provided,
That for funds provided under this paragraph, the limitation
in section 9(g)(1) of the Act shall be 25 percent: Provided
further, That the Secretary may waive the limitation in the
preceding proviso to allow public housing agencies to fund
activities authorized under section 9(e)(1)(C) of the Act:
Provided further, That the Secretary shall notify public
housing agencies requesting waivers under the preceding
proviso if the request is approved or denied within 14 days
of submitting the request: Provided further, That from the
funds made available under this paragraph, the Secretary
shall provide bonus awards in fiscal year 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) $40,000,000 shall be available for the Secretary to
make grants, notwithstanding section 203 of this title, to
public housing agencies for emergency capital needs,
including safety and security measures necessary to address
crime and drug-related activity, as well as needs resulting
from unforeseen or unpreventable emergencies and natural
disasters excluding Presidentially declared emergencies and
natural disasters under the Robert T. Stafford Disaster
Relief and Emergency Act (42 U.S.C. 5121 et seq.) occurring
in fiscal year 2024: Provided, That of the amount made
available under this paragraph, not less than $20,000,000
shall be for safety and security measures: Provided further,
That in addition to the amount in the preceding proviso for
such safety and security measures, any amounts that remain
available, after all applications received on or before
September 30, 2025, for emergency capital needs have been
processed, shall be allocated to public housing agencies for
such safety and security measures; and
(5) $15,000,000 shall be available to support the costs of
administrative and judicial receiverships and for competitive
grants to PHAs in receivership, designated troubled or
substandard, or otherwise at risk, as determined by the
Secretary, for costs associated with public housing asset
improvement, in addition to other amounts for that purpose
provided under any heading under this title:
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.
operational performance evaluation and risk assessments
For the Department's inspection and assessment programs,
including travel, training, and program support contracts,
$51,000,000 to remain available until September 30, 2027:
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.
self-sufficiency programs
For activities and assistance related to Self-Sufficiency
Programs, to remain available until September 30, 2027,
$175,000,000: Provided, That of the sums appropriated under
this heading--
(1) $125,000,000 shall be available for the Family Self-
Sufficiency program to support family self-sufficiency
coordinators under section 23 of the United States Housing
Act of 1937 (42 U.S.C. 1437u), to promote the development of
local strategies to coordinate the use of assistance under
sections 8 and 9 of such Act with public and private
resources, and enable eligible families to achieve economic
independence and self-sufficiency;
(2) $35,000,000 shall be available for the Resident
Opportunity and Self-Sufficiency program to provide for
supportive services, service coordinators, and congregate
services as authorized by section 34 of the United States
Housing Act of 1937 (42 U.S.C. 1437z-6) and the Native
American Housing Assistance and Self-Determination Act of
1996 (25 U.S.C. 4101 et seq.): Provided, That amounts made
available under this paragraph may be used to renew Resident
Opportunity and Self-Sufficiency program grants to allow the
public housing agency, or a new owner, to continue to serve
(or restart service to) 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 (Public Law 112-
55), as amended (42 U.S.C. 1437f note); and
(3) $15,000,000 shall be available for a Jobs-Plus
Initiative, modeled after the Jobs-Plus demonstration:
Provided, That funding provided under this paragraph shall be
available for competitive grants to partnerships between
public housing authorities, local workforce investment boards
established under section 107 of the Workforce Innovation and
Opportunity Act of 2014 (29 U.S.C. 3122), and other agencies
and organizations that provide support to help public housing
residents obtain employment and increase earnings: Provided
further, That applicants must demonstrate the ability to
provide services to residents, partner with workforce
investment boards, and leverage service dollars: Provided
further, That the Secretary may allow public housing agencies
to request exemptions from rent and income limitation
requirements under sections 3 and 6 of the United States
Housing Act of 1937 (42 U.S.C. 1437a, 1437d), as necessary to
implement the Jobs-Plus program, on such terms and conditions
as the Secretary may approve upon a finding by the Secretary
that any such waivers or alternative requirements are
necessary for the effective implementation of the Jobs-Plus
Initiative as a voluntary program for residents: Provided
further, That the Secretary shall publish by notice in the
Federal Register any waivers or alternative requirements
pursuant to the preceding proviso no later than 10 days
before the effective date of such notice.
native american programs
For activities and assistance authorized under title I of
the Native American Housing Assistance and Self-Determination
Act of 1996 (in this heading ``NAHASDA'') (25 U.S.C. 4111 et
seq.), title I of the Housing and Community Development Act
of 1974 (42 U.S.C. 5301 et seq.) with respect to Indian
tribes, and related training and technical assistance,
$1,344,000,000, to remain available until September 30, 2028:
Provided, That of the sums appropriated under this heading--
(1) $1,110,000,000 shall be available for the Native
American Housing Block Grants program, as authorized under
title I of NAHASDA: Provided, That, notwithstanding NAHASDA,
to determine the amount of the allocation under title I of
such Act for each Indian tribe, the Secretary shall apply the
formula under section 302 of such Act with the need component
based on single-race census data and with the need component
based on multi-race census data, and the amount of the
allocation for each Indian tribe shall be the greater of the
two resulting allocation amounts: Provided further, That the
Secretary shall notify grantees of their formula allocation
not later than 60 days after the date of enactment of this
Act;
(2) $150,000,000 shall be available for competitive grants
under the Native American Housing Block Grants program, as
authorized under title I of NAHASDA: Provided, That the
Secretary shall obligate such amount for competitive grants
to eligible recipients authorized under NAHASDA that apply
for funds: Provided further, That in awarding amounts made
available in this paragraph, the Secretary shall consider
need and administrative capacity, and shall give priority to
projects that will spur construction and rehabilitation of
housing: Provided further, That 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) $2,000,000 shall be available for the cost of
guaranteed notes and other obligations, as authorized by
title VI of NAHASDA: Provided, That such costs, including
the cost of modifying such notes and other obligations, shall
be as defined in section 502 of the Congressional Budget Act
of 1974 (2 U.S.C. 661a): Provided further, That amounts made
available in this and prior Acts for the cost of such
guaranteed notes and other obligations that are unobligated,
including recaptures and carryover, shall be available to
subsidize the total principal amount of any notes and other
obligations, any part of which is to be guaranteed, not to
exceed $50,000,000, to remain available until September 30,
2025;
(4) $75,000,000 shall be available for grants to Indian
tribes for carrying out the Indian Community Development
Block Grant program under title I of the Housing and
Community Development Act of 1974, notwithstanding section
106(a)(1) of such Act, of which, notwithstanding any other
provision of law (including section 203 of this Act), not
more than $5,000,000 may be used for emergencies that
constitute imminent threats to health and safety: Provided,
That not to exceed 20 percent of any grant made with amounts
made available in this paragraph shall be expended for
planning and management development and administration; and
(5) $7,000,000, in addition to amounts otherwise available
for such purpose, shall be available for providing training
and technical assistance to Indian tribes, Indian housing
authorities, and tribally designated housing entities, to
support the inspection of Indian housing units, for contract
expertise,
[[Page H5440]]
and for training and technical assistance related to amounts
made available under this heading and other headings in this
Act for the needs of Native American families and Indian
country: Provided, That of the amounts made available in
this paragraph, not less than $2,000,000 shall be for a
national organization as authorized under section 703 of
NAHASDA (25 U.S.C. 4212): Provided further, That amounts
made available in this paragraph may be used, contracted, or
competed as determined by the Secretary: Provided further,
That notwithstanding chapter 63 of title 31, United States
Code (commonly known as the Federal Grant and Cooperative
Agreements Act of 1977), the amounts made available in this
paragraph may be used by the Secretary to enter into
cooperative agreements with public and private organizations,
agencies, institutions, and other technical assistance
providers to support the administration of negotiated
rulemaking under section 106 of NAHASDA (25 U.S.C. 4116), the
administration of the allocation formula under section 302 of
NAHASDA (25 U.S.C. 4152), and the administration of
performance tracking and reporting under section 407 of
NAHASDA (25 U.S.C. 4167).
indian housing loan guarantee fund program account
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), $1,500,000, 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 $1,800,000,000, 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.), $22,300,000, 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 $1,000,000 of
the amounts made available under this heading shall 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 $21,000,000 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.), $505,000,000, to remain
available until September 30, 2025, except that amounts
allocated pursuant to section 854(c)(5) of such Act shall
remain available until September 30, 2026: 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, $5,554,267,912 to
remain available until September 30, 2027: Provided, That of
the sums appropriated under this heading--
(1) $3,300,000,000 shall be available for carrying out the
community development block grant program under title I of
the Housing and Community Development Act of 1974, as amended
(42 U.S.C. 5301 et seq.) (in this heading ``the Act''):
Provided, That not to exceed 20 percent of any grant made
with funds made available under this paragraph shall be
expended for planning and management development and
administration: Provided further, That a metropolitan city,
urban county, unit of general local government, or insular
area that directly or indirectly receives funds under this
paragraph may not sell, trade, or otherwise transfer all or
any portion of such funds to another such entity in exchange
for any other funds, credits, or non-Federal considerations,
but shall use such funds for activities eligible under title
I of the Act: Provided further, That notwithstanding section
105(e)(1) of the Act, no funds made available under this
paragraph may be provided to a for-profit entity for an
economic development project under section 105(a)(17) unless
such project has been evaluated and selected in accordance
with guidelines required under subsection (e)(2) of section
105;
(2) $30,000,000 shall be available for activities
authorized under section 8071 of the SUPPORT for Patients and
Communities Act (Public Law 115-271): Provided, That 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
(3) $2,224,267,912 shall be available for grants for the
Economic Development Initiative (EDI) for the purposes
authorized under paragraphs (1), (2), (4), and (5) of section
105(a) of the Act (42 U.S.C. 5305(a)), and in amounts,
specified for Community Project Funding in the table entitled
``Community Project Funding'' included in the Report
accompanying this Act: Provided, 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 for amounts made available under
paragraphs (1) and (2), 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 $300,000,000, notwithstanding any aggregate
limitation on outstanding obligations guaranteed in
subsection (k) of such section 108: Provided, That the
Secretary shall collect fees from borrowers, notwithstanding
subsection (m) of such section 108, to result in a credit
subsidy cost of zero for guaranteeing such loans, and any
such fees shall be collected in accordance with section
502(7) of the Congressional Budget Act of 1974: Provided
further, That such commitment authority funded by fees may be
used to guarantee, or make commitments to guarantee, notes or
other obligations issued by any State on behalf of non-
entitlement communities in the State in accordance with the
requirements of such section 108: Provided further, That any
State receiving such a guarantee or commitment under the
preceding proviso shall distribute all funds subject to such
guarantee to the units of general local government in non-
entitlement areas that received the commitment.
home investment partnerships program
For the HOME Investment Partnerships program, as authorized
under title II of the Cranston-Gonzalez National Affordable
Housing Act, as amended (42 U.S.C. 12721 et seq.),
$500,000,000, to remain available until September 30, 2027:
Provided, That notwithstanding section 231(b) of such Act (42
U.S.C. 12771(b)), all unobligated balances remaining from
amounts recaptured pursuant to such section that remain
available until expended shall be combined with amounts made
available under this heading and allocated in accordance with
the formula under section 217(b)(1)(A) of such Act (42 U.S.C.
12747(b)(1)(A)): Provided further, That the Department shall
notify grantees of their formula allocations within 60 days
after enactment of this Act: Provided further, That section
218(g) of such Act (42 U.S.C. 12748(g)) shall not apply with
respect to the right of a jurisdiction to draw funds from its
HOME Investment Trust Fund that otherwise expired or would
expire in any calendar year from 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.
preservation and reinvestment initiative for community enhancement
For competitive grants to preserve and revitalize
manufactured housing and eligible manufactured housing
communities (including pre-1976 mobile homes) under title I
of the Housing and Community Development
[[Page H5441]]
Act of 1974, as amended (42 U.S.C. 5301 et seq.),
$20,000,000, to remain available until September 30, 2025:
Provided, That recipients of grants provided with amounts
made available under this heading shall be States, units of
general local government, resident-owned manufactured housing
communities, cooperatives, nonprofit entities including
consortia of nonprofit entities, community development
financial institutions, Indian Tribes (as such term is
defined in section 4 of the Native American Housing
Assistance and Self-Determination Act of 1996 (NAHASDA) (25
U.S.C. 4103)), or other entities approved by the Secretary:
Provided further, That the Secretary shall reserve an amount
for Indian Tribes within such competition: Provided further,
That the Secretary may approve entities for selection that
partner with one or several residents of such eligible
communities or that propose to implement a grant program that
would assist residents of such eligible communities:
Provided further, That eligible uses of such grants may
include infrastructure, planning, resident and community
services (including relocation assistance and eviction
prevention), resiliency activities, and providing other
assistance to residents or owners of manufactured homes,
which may include providing assistance for manufactured
housing land and site acquisition: Provided further, That,
except as determined by the Secretary, participation in this
program shall not encumber the future transfer of title or
use of property by the residents, owners, or communities:
Provided further, That when selecting recipients, the
Secretary shall prioritize applications that primarily
benefit low- or moderately low-income residents and preserve
long-term housing affordability for residents of manufactured
housing or a manufactured housing community: Provided
further, That eligible manufactured housing communities may
include those that are--
(1) owned by the residents of the manufactured housing
community through a resident-controlled entity, as defined by
the Secretary; or
(2) determined by the Secretary to be subject to binding
agreements that will preserve the community and maintain
affordability on a long-term basis:
Provided further, That resiliency activities means the
reconstruction, repair, or replacement of manufactured
housing and manufactured housing communities to protect the
health and safety of manufactured housing residents and to
address weatherization and energy efficiency needs, except
that for pre-1976 mobile homes, funds made available under
this heading may be used only for replacement: Provided
further, That the Secretary may waive or specify alternative
requirements for any provision of any statute or regulation
that the Secretary administers in connection with the use of
amounts made available under this heading (except for
requirements related to fair housing, nondiscrimination,
labor standards, and the environment), upon a finding that
such waiver or alternative requirement is necessary to
facilitate the use of such amounts.
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,
$60,000,000, to remain available until September 30, 2026:
Provided, That of the sums appropriated under this heading--
(1) $10,000,000 shall be available for the Self-Help
Homeownership Opportunity Program as authorized under such
section 11;
(2) $42,000,000 shall be available for the second, third,
and fourth capacity building entities specified in section
4(a) of the HUD Demonstration Act of 1993 (42 U.S.C. 9816
note), of which not less than $5,000,000 shall be for rural
capacity building activities: Provided, That for purposes of
awarding grants from amounts made available in this
paragraph, the Secretary may enter into multiyear agreements,
as appropriate, subject to the availability of annual
appropriations;
(3) $7,000,000 shall be available for capacity building by
national rural housing organizations having experience
assessing national rural conditions and providing financing,
training, technical assistance, information, and research to
local nonprofit organizations, local governments, and Indian
Tribes serving high need rural communities; and
(4) $1,000,000 shall be available for a program to
rehabilitate and modify the homes of disabled or low-income
veterans, as authorized under section 1079 of the Carl Levin
and Howard P. ``Buck'' McKeon National Defense Authorization
Act for Fiscal Year 2015 (38 U.S.C. 2101 note): Provided,
That the issuance of a Notice of Funding Opportunity for the
amounts made available in this paragraph shall be completed
not later than 120 days after enactment of this Act and such
amounts shall be awarded not later than 180 days after such
issuance.
homeless assistance grants
For assistance under title IV of the McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11360 et seq.), and for
related activities and assistance, $3,729,000,000, to remain
available until September 30, 2026: Provided, That of the
sums appropriated under this heading--
(1) $290,000,000 shall be available for the Emergency
Solutions Grants program authorized under subtitle B of such
title IV (42 U.S.C. 11371 et seq.): Provided, That the
Department shall notify grantees of their formula allocation
from amounts allocated (which may represent initial or final
amounts allocated) for the Emergency Solutions Grant program
not later than 60 days after enactment of this Act;
(2) $3,350,000,000 shall be available for the Continuum of
Care program authorized under subtitle C of such title IV (42
U.S.C. 11381 et seq.) and the Rural Housing Stability
Assistance programs authorized under subtitle D of such title
IV (42 U.S.C. 11408): Provided, That the Secretary shall
prioritize funding under the Continuum of Care program to
continuums of care that have demonstrated a capacity to
reallocate funding from lower performing projects to higher
performing projects: Provided further, That the Secretary
shall provide incentives to create projects that coordinate
with housing providers and healthcare organizations to
provide permanent supportive housing and rapid re-housing
services: Provided further, That the Secretary may establish
by notice an alternative maximum amount for administrative
costs related to the requirements described in sections
402(f)(1) and 402(f)(2) of subtitle A of such title IV or no
more than 5 percent or $50,000, whichever is greater,
notwithstanding the 3 percent limitation in section
423(a)(10) of such subtitle C: Provided further, That of the
amounts made available for the Continuum of Care program
under this paragraph, not less than $52,000,000 shall be for
grants for new rapid re-housing projects and supportive
service projects providing coordinated entry, and for
eligible activities that the Secretary determines to be
critical in order to assist survivors of domestic violence,
dating violence, sexual assault, or stalking: Provided
further, That amounts made available for the Continuum of
Care program under this paragraph and any remaining
unobligated balances under this heading in prior Acts may be
used to competitively or non-competitively renew or replace
grants for youth homeless demonstration projects under the
Continuum of Care program, notwithstanding any conflict with
the requirements of the Continuum of Care program;
(3) $7,000,000 shall be available for the national homeless
data analysis project: Provided, That notwithstanding the
provisions of the Federal Grant and Cooperative Agreements
Act of 1977 (31 U.S.C. 6301-6308), the amounts made available
under this paragraph and any remaining unobligated balances
under this heading for such purposes in prior Acts may be
used by the Secretary to enter into cooperative agreements
with such entities as may be determined by the Secretary,
including public and private organizations, agencies, and
institutions; and
(4) $82,000,000 shall be available to implement projects to
demonstrate how a comprehensive approach to serving homeless
youth, age 24 and under, in up to 25 communities with a
priority for communities with substantial rural populations
in up to eight locations, can dramatically reduce youth
homelessness: Provided, That of the amount made available
under this paragraph, not less than $25,000,000 shall be for
youth homelessness system improvement grants to support
communities, including but not limited to the communities
assisted under the matter preceding this proviso, in
establishing and implementing a response system for youth
homelessness, or for improving their existing system:
Provided further, That of the amount made available under
this paragraph, up to $10,000,000 shall be to provide
technical assistance to communities, including but not
limited to the communities assisted in the preceding proviso
and the matter preceding such proviso, on improving system
responses to youth homelessness, and collection, analysis,
use, and reporting of data and performance measures under the
comprehensive approaches to serve homeless youth, in addition
to and in coordination with other technical assistance funds
provided under this title: Provided further, That the
Secretary may use up to 10 percent of the amount made
available under the preceding proviso to build the capacity
of current technical assistance providers or to train new
technical assistance providers with verifiable prior
experience with systems and programs for youth experiencing
homelessness:
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
[[Page H5442]]
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, $15,420,000,000, 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
$400,000,000, 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 $448,000,000 shall be available for performance-based
contract administrators for section 8 project-based
assistance, for carrying out 42 U.S.C. 1437(f): Provided
further, That the Secretary may also use such amounts in the
preceding proviso for performance-based contract
administrators for the administration of: interest reduction
payments pursuant to section 236(a) of the National Housing
Act (12 U.S.C. 1715z-1(a)); rent supplement payments pursuant
to section 101 of the Housing and Urban Development Act of
1965 (12 U.S.C. 1701s); section 236(f)(2) rental assistance
payments (12 U.S.C. 1715z-1(f)(2)); project rental assistance
contracts for the elderly under section 202(c)(2) of the
Housing Act of 1959 (12 U.S.C. 1701q); project rental
assistance contracts for supportive housing for persons with
disabilities under section 811(d)(2) of the Cranston-Gonzalez
National Affordable Housing Act (42 U.S.C. 8013(d)(2));
project assistance contracts pursuant to section 202(h) of
the Housing Act of 1959 (Public Law 86-372; 73 Stat. 667);
and loans under section 202 of the Housing Act of 1959
(Public Law 86-372; 73 Stat. 667): Provided further, That
amounts recaptured under this heading, the heading ``Annual
Contributions for Assisted Housing'', or the heading
``Housing Certificate Fund'', may be used for renewals of or
amendments to section 8 project-based contracts or for
performance-based contract administrators, notwithstanding
the purposes for which such amounts were appropriated:
Provided further, That, notwithstanding any other provision
of law, upon the request of the Secretary, project funds that
are held in residual receipts accounts for any project
subject to a section 8 project-based housing assistance
payments contract that authorizes the Department or a housing
finance agency to require that surplus project funds be
deposited in an interest-bearing residual receipts account
and that are in excess of an amount to be determined by the
Secretary, shall be remitted to the Department and deposited
in this account, to be available until expended: Provided
further, That amounts deposited pursuant to the preceding
proviso shall be available in addition to the amount
otherwise provided by this heading for uses authorized under
this heading.
housing for the elderly
(including transfer of funds)
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,
$913,000,000 to remain available until September 30, 2027:
Provided, That of the amount made available under this
heading, up to $112,000,000 shall be for service coordinators
and the continuation of existing congregate service grants
for residents of assisted housing projects: Provided
further, That any funding for existing service coordinators
under the preceding proviso shall be provided within 120 days
of enactment of this Act: Provided further, That 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 amounts
deposited in this account pursuant to the preceding proviso
shall be available, in addition to the amounts otherwise
provided by this heading, for the purposes authorized under
this heading: Provided further, That unobligated balances,
including recaptures and carryover, remaining from funds
transferred to or appropriated under this heading shall be
available for the current purposes authorized under this
heading in addition to the purposes for which such funds
originally were appropriated: Provided further, That of the
total amount made available under this heading, up to
$25,000,000 shall be used to expand the supply of
intergenerational dwelling units (as such term is defined in
section 202 of the Legacy Act of 2003 (12 U.S.C. 1701q note))
for elderly caregivers raising children: 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 $6,000,000 shall be used by the
Secretary to support preservation transactions of housing for
the elderly originally developed with a capital advance and
assisted by a project rental assistance contract under the
provisions of section 202(c) of the Housing Act of 1959.
housing for persons with disabilities
(including transfer of funds)
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, $208,000,000, 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, $57,500,000, to
remain available until September 30, 2025, including up to
$4,500,000 for administrative contract services: Provided,
That funds shall be used for providing counseling and advice
to tenants and homeowners, both current and prospective, with
respect to property maintenance, financial management or
literacy, and such other matters as may be appropriate to
assist them in improving their housing conditions, meeting
their financial needs, and fulfilling the responsibilities of
tenancy or homeownership; for program administration; and for
housing counselor training: Provided further, That for
purposes of awarding grants from amounts provided under this
heading, the Secretary may enter into multiyear agreements,
as appropriate, subject to the availability of annual
appropriations.
[[Page H5443]]
payment to manufactured housing fees trust fund
For necessary expenses as authorized by the National
Manufactured Housing Construction and Safety Standards Act of
1974 (42 U.S.C. 5401 et seq.), up to $14,000,000, to remain
available until expended, of which $14,000,000 shall be
derived from the Manufactured Housing Fees Trust Fund
(established under section 620(e) of such Act (42 U.S.C.
5419(e)): Provided, That not to exceed the total amount
appropriated under this heading shall be available from the
general fund of the Treasury to the extent necessary to incur
obligations and make expenditures pending the receipt of
collections to the Fund pursuant to section 620 of such Act:
Provided further, That the amount made available under this
heading from the general fund shall be reduced as such
collections are received during fiscal year 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
$400,000,000,000, 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
$1,000,000: Provided further, That the foregoing amount in
the preceding proviso shall be for loans to nonprofit and
governmental entities in connection with sales of single
family real properties owned by the Secretary and formerly
insured under the Mutual Mortgage Insurance Fund: Provided
further, That for administrative contract expenses of the
Federal Housing Administration, $150,000,000, to remain
available until September 30, 2025: 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 $35,000,000,000 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
$550,000,000,000, to remain available until September 30,
2025: Provided, That $51,000,000, to remain available until
September 30, 2025, shall be for necessary salaries and
expenses of the Government National Mortgage Association:
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, $139,000,000, 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, or
colleges or universities for research projects: Provided
further, That with respect to the preceding proviso, such
partners to the cooperative agreements shall contribute at
least a 50 percent match toward the cost of the project:
Provided further, That for non-competitive agreements entered
into in accordance with the preceding two provisos, the
Secretary shall comply with section 2(b) of the Federal
Funding Accountability and Transparency Act of 2006 (Public
Law 109-282; 31 U.S.C. note) in lieu of compliance with
section 102(a)(4)(C) of the Department of Housing and Urban
Development Reform Act of 1989 (42 U.S.C. 3545(a)(4)(C)) with
respect to documentation of award decisions: Provided
further, That prior to obligation of technical assistance
funding, the Secretary shall submit a plan to the House and
Senate Committees on Appropriations on how the Secretary will
allocate funding for this activity at least 30 days prior to
obligation: Provided further, That none of the funds
provided under this heading may be available for the doctoral
dissertation research grant program.
Fair Housing and Equal Opportunity
fair housing activities
For contracts, grants, and other assistance, not otherwise
provided for, as authorized by title VIII of the Civil Rights
Act of 1968 (42 U.S.C. 3601 et seq.), and section 561 of the
Housing and Community Development Act of 1987 (42 U.S.C.
3616a), $85,000,000, to remain available until September 30,
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 online courses and provide
such training: Provided further, That none of the funds made
available under this heading may be used to lobby the
executive or legislative branches of the Federal Government
in connection with a specific contract, grant, or loan:
Provided further, That of the funds made available under this
heading, $1,000,000 may 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,
$345,000,000, to remain available until September 30, 2026:
Provided, That the amounts made available under this heading
are provided as follows:
(1) $200,000,000 shall be for the award of grants pursuant
to such section 1011, of which not less than $80,000,000
shall be provided to areas with the highest lead-based paint
abatement need.
(2) $140,000,000 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 $10,000,000 shall be
for the establishment and implementation of a national pilot
program to facilitate new financing mechanisms to address
lead and other residential environmental stressors in low-
income communities.
(3) $3,000,000 shall be for the award of grants and
contracts for research pursuant to sections 1051 and 1052 of
the Residential Lead-Based Paint Hazard Reduction Act of 1992
(42 U.S.C. 4854, 4854a).
(4) Up to $2,000,000 in total of the amounts made available
under paragraphs (2) and (3) may be transferred to the
heading ``Research and Technology'' for the purposes of
conducting research and studies and for use in accordance
with the provisos under that heading for non-competitive
agreements.
(5) $2,000,000 shall be for grants for a radon testing and
mitigation safety demonstration program (the radon
demonstration) in public housing: Provided, That the testing
method, mitigation method, or action level used under the
radon demonstration shall be as specified by applicable State
or local law, if such law is more protective of human health
or the environment than the method or level specified by the
Secretary:
Provided further, That for purposes of environmental
review, pursuant to the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) and other provisions of law
that further the purposes of such Act, a grant under the
Healthy Homes Initiative, or the Lead Technical Studies
program, or other demonstrations or programs under this
heading or under prior appropriations Acts for such purposes
under this heading, or under the heading ``Housing for the
Elderly'' under prior Appropriations Acts, shall be
considered to be funds for a special project for purposes of
section 305(c) of the Multifamily Housing Property
Disposition Reform Act of 1994: Provided further, That each
applicant for a grant or cooperative agreement under this
[[Page H5444]]
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
the Secretary shall conduct a demonstration to harmonize
income eligibility criteria for grants under this heading in
this and prior Acts with the income eligibility criteria of
certain other Federal programs: Provided further, That for
purposes of such demonstration, the Secretary may establish
income eligibility criteria for such grants using income
eligibility criteria of any program administered by the
Secretary, the Department of Energy weatherization assistance
program (42 U.S.C. 6851 et seq.), the Department of Health
and Human Services low income home energy assistance program
(42 U.S.C. 8621 et seq.), and the Department of Veterans
Affairs supportive services for veteran families program (38
U.S.C. 2044): Provided further, That amounts made available
under this heading, 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, $371,250,000, to
remain available until September 30, 2026: Provided, That not
more than 10 percent of the funds made available under this
heading for development, modernization, and enhancement may
be obligated until 90 days after the Secretary submits a plan
and quarterly reports in accordance with the requirements
stated in 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, $154,000,000: Provided, That the
Inspector General shall have independent authority over all
personnel issues within this office.
General Provisions--Department of Housing and Urban Development
(including transfer of funds)
(including rescissions)
Sec. 201. Fifty percent of the amounts of budget
authority, or in lieu thereof 50 percent of the cash amounts
associated with such budget authority, that are recaptured
from projects described in section 1012(a) of the Stewart B.
McKinney Homeless Assistance Amendments Act of 1988 (42
U.S.C. 1437f note) shall be rescinded or in the case of cash,
shall be remitted to the Treasury, and such amounts of budget
authority or cash recaptured and not rescinded or remitted to
the Treasury shall be used by State housing finance agencies
or local governments or local housing agencies with projects
approved by the Secretary of Housing and Urban Development
for which settlement occurred after January 1, 1992, in
accordance with such section. Notwithstanding the previous
sentence, the Secretary may award up to 15 percent of the
budget authority or cash recaptured and not rescinded or
remitted to the Treasury to provide project owners with
incentives to refinance their project at a lower interest
rate.
Sec. 202. None of the funds made available by this Act may
be used during fiscal year 2024 to investigate or prosecute
under the Fair Housing Act any otherwise lawful activity
engaged in by one or more persons, including the filing or
maintaining of a nonfrivolous legal action, that is engaged
in solely for the purpose of achieving or preventing action
by a Government official or entity, or a court of competent
jurisdiction.
Sec. 203. Except as explicitly provided in law, any grant,
cooperative agreement or other assistance made pursuant to
title II of this Act shall be made on a competitive basis and
in accordance with section 102 of the Department of Housing
and Urban Development Reform Act of 1989 (42 U.S.C. 3545).
Sec. 204. Funds of the Department of Housing and Urban
Development subject to the Government Corporation Control Act
or section 402 of the Housing Act of 1950 shall be available,
without regard to the limitations on administrative expenses,
for legal services on a contract or fee basis, and for
utilizing and making payment for services and facilities of
the Federal National Mortgage Association, Government
National Mortgage Association, Federal Home Loan Mortgage
Corporation, Federal Financing Bank, Federal Reserve banks or
any member thereof, Federal Home Loan banks, and any insured
bank within the meaning of the Federal Deposit Insurance
Corporation Act, as amended (12 U.S.C. 1811-1).
Sec. 205. Unless otherwise provided for in this Act or
through a reprogramming of funds, no part of any
appropriation for the Department of Housing and Urban
Development shall be available for any program, project or
activity in excess of amounts set forth in the budget
estimates submitted to Congress.
Sec. 206. Corporations and agencies of the Department of
Housing and Urban Development which are subject to the
Government Corporation Control Act are hereby authorized to
make such expenditures, within the limits of funds and
borrowing authority available to each such corporation or
agency and in accordance with law, and to make such contracts
and commitments without regard to fiscal year limitations as
provided by section 104 of such Act as may be necessary in
carrying out the programs set forth in the budget for 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;
[[Page H5445]]
(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 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 $5,000,000, whichever is less, of funds
appropriated for any office under the headings
``Administrative Support Offices'', or ``Program Offices'',
to any other such office under such headings: Provided, That
no appropriation for any such office under such headings
shall be increased or decreased by more than 10 percent or
$5,000,000, whichever is less, without prior written approval
of the House and Senate Committees on Appropriations:
Provided further, That the Secretary shall provide
notification to such Committees 3 business days in advance of
any such transfers under this section up to 10 percent or
$5,000,000, whichever is less.
Sec. 219. (a) Any entity receiving housing assistance
payments shall maintain decent, safe, and sanitary
conditions, as determined by the Secretary, and comply with
any standards under applicable State or local laws, rules,
ordinances, or regulations relating to the physical condition
of any property covered under a housing assistance payment
contract.
(b) The Secretary shall take action under subsection (c)
when a multifamily housing project with a contract under
section 8 of the
[[Page H5446]]
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 a 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 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. 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. 230. 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
[[Page H5447]]
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. 231. None of the funds made available by this title
may be used to issue rules or guidance in contravention of
section 1210 of Public Law 115-254 (132 Stat. 3442) or
section 312 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5155).
Sec. 232. The language under the heading ``RENTAL
ASSISTANCE DEMONSTRATION'' in the Department of Housing and
Urban Development Appropriations Act, 2012 (Public Law 112-
55), as most recently amended by Public Law 117-103, is
further amended--
(1) in the matter before the first proviso, by striking
``and `Public Housing Operating Fund' '' and inserting ``,
`Public Housing Operating Fund' and `Public Housing Fund' '';
(2) in the second proviso, by striking ``until September
30, 2024'' and inserting ``for fiscal year 2012 and
thereafter'';
(3) by striking the fourth proviso and inserting the
following new provisos: ``Provided further, That at
properties with assistance under section 9 of the Act
requesting to partially convert such assistance, and where an
event under section 18 of the Act occurs that results in the
eligibility for tenant protection vouchers under section 8(o)
of the Act, the Secretary may convert the tenant protection
voucher assistance to assistance under a project-based
subsidy contract under section 8 of the Act, which shall be
eligible for renewal under section 524 of the Multifamily
Assisted Housing Reform and Affordability Act of 1997, or
assistance under section 8(o)(13) of the Act, but only if the
property meets any additional requirements established by the
Secretary to facilitate conversion: Provided further, That to
facilitate the conversion of assistance under the preceding
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 so reordered by the
preceding provisions of this section--
(A) by inserting `` `Public Housing Fund', `Self-
Sufficiency Programs', `Family Self-Sufficiency', `Housing
for the Elderly','' after `` `Public Housing Operating
Fund','' ;and
(B) by inserting ``or the ongoing availability of services
for residents'' after ``effective conversion of assistance
under the demonstration'';
(5) after the twenty-third proviso, as so reordered by the
preceding provisions of this section, 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 so reordered by the
preceding provisions of this section, 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 so reordered by the
preceding provisions of this section, 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. 233. None of the funds made available by this Act may
be used to implement, administer, or enforce the proposed
rule entitled ``Affirmatively Furthering Fair Housing''
published by the Department of Housing and Urban Development
in the Federal Register on February 9, 2023 (88 Fed. Reg.
8516), or to direct a grantee to undertake specific changes
to existing zoning laws as a part of carrying out the interim
final rule entitled ``Restoring Affirmatively Furthering Fair
Housing Definitions and Certifications'' published by such
Department in the Federal Register on June 10, 2021 (86 Fed.
Reg. 30779).
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 all headings in
this title (excluding amounts made available under the
heading ``Office of Inspector General'') to the heading
``Information Technology Fund'' for information technology
needs, including for additional development, modernization,
and enhancement, to remain available until September 30,
2026: Provided, That the total amount of such transfers
shall not exceed $5,000,000: 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
$500,000: Provided further, That the Secretary shall provide
notification to the House and Senate Committees on
Appropriations no less than three business days in advance of
any such transfer.
Sec. 236. The Secretary shall comply with all process
requirements, including public notice and comment, when
seeking to revise any annual contributions contract.
Sec. 237. 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 in 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 Committees on
Appropriations of the House of Representatives and the Senate
are notified at least 15 days in advance of the planned use
of funds.
Sec. 238. For the fiscal year 2024 allocation of amounts
under the Native American Housing Block Grants program, as
authorized under title I of Native American Housing and Self-
Determination Act of 1996 (25 U.S.C. 4111 et seq.), the
number of qualifying low-income housing dwelling units under
section 302(b)(1) of such Act (25 U.S.C. 4152(b)(1)) shall
not be reduced due to the placement of a Native American
veteran assisted with amounts provided under the Tribal HUD-
VASH Program within any such qualifying unit.
Sec. 239. (a) Subsection (a) of section 184 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
[[Page H5448]]
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) Paragraph (2) of section 184(b) 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.''.
Sec. 240. 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:
``(i) Special Activities by Indian Tribes.--Indian tribes
receiving grants under section 106(a)(1) of this Act are
authorized to carry out activities described in subsection
(a)(15) of this section directly.''.
Sec. 241. None of the funds made available by this Act may
be used in contravention of existing Federal law regarding
non-citizen eligibility and ineligibility for occupancy in
federally assisted housing or for participation in and
assistance under federal housing programs, including section
214 of the Housing and Community Development Act of 1980 (42
U.S.C. 1436a) and title IV of the Personal Responsibility and
Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1601 et
seq.).
Sec. 242. Of the unobligated balances of amounts made
available under the heading ``Office of Lead Hazard Control
and Healthy Homes'' from prior Acts making appropriations for
the Department of Housing and Urban Development, $564,200,000
are hereby permanently rescinded.
Sec. 243. None of the funds made available to the
Department of Housing and Urban Development in this or prior
Acts may be used to issue a solicitation or accept bids on
any solicitation that is substantially equivalent to the
draft solicitation entitled ``Housing Assistance Payments
(HAP) Contract Support Services (HAPSS)'' posted to
www.Sam.gov on July 27, 2022.
Sec. 244. None of the funds made available by this Act may
be used to provide Federal funds to a local jurisdiction that
refuses to comply with a request from the Department of
Homeland Security to provide advance notice of the scheduled
release date and time for a particular illegal alien in local
custody.
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), $9,955,000.
Federal Maritime Commission
salaries and expenses
For necessary expenses of the Federal Maritime Commission
as authorized by section 46107 of title 46, United States
Code, 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 therefor, as authorized by
sections 5901 and 5902 of title 5, United States Code,
$43,720,000, of which $2,000,000 shall remain available until
September 30, 2025: Provided, That not to exceed $3,500
shall be for official reception and representation expenses.
National Railroad Passenger Corporation
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of Inspector General
for the National Railroad Passenger Corporation to carry out
the provisions of the Inspector General Act of 1978 (5 U.S.C.
App. 3), $30,410,000: 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, $145,000,000,
of which not to exceed $2,000 may be used for official
reception and representation expenses.
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), $172,000,000.
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, $48,184,000: Provided, That,
notwithstanding any other provision of law, not to exceed
$1,250,000 from fees established by the Surface
Transportation Board shall be credited to this appropriation
as offsetting collections and used for necessary and
authorized expenses under this heading: Provided further,
That the amounts made available under this heading from the
general fund shall be reduced on a dollar-for-dollar basis as
such offsetting collections are received during fiscal year
2024, to result in a final appropriation from the general
fund estimated at not more than $46,934,000.
United States Interagency Council on Homelessness
operating expenses
For necessary expenses, including payment of salaries,
authorized travel, hire of passenger motor vehicles, the
rental of conference rooms, and the employment of experts and
consultants under section 3109 of title 5, United States
Code, of the United States Interagency Council on
Homelessness in carrying out the functions pursuant to title
II of the McKinney-Vento Homeless Assistance Act, as amended,
$4,188,000.
TITLE IV
GENERAL PROVISIONS--THIS ACT
(including rescissions)
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;
[[Page H5449]]
(5) augments existing programs, projects, or activities in
excess of $5,000,000 or 10 percent, whichever is less;
(6) reduces existing programs, projects, or activities by
$5,000,000 or 10 percent, whichever is less; or
(7) creates, reorganizes, or restructures a branch,
division, office, bureau, board, commission, agency,
administration, or department different from the budget
justifications submitted to the Committees on Appropriations
or the table in 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 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. (a) None of the funds appropriated or otherwise
made available under this Act may be used to operate,
procure, or enter into a contracting action related to
acquire unmanned aircraft systems, as defined under section
44801 of title 49, United States Code, manufactured by an
entity that is--
(1) included on the Consolidated Screening List or Entity
List as designated by the Secretary of Commerce;
(2) included in the Chinese Military-Industrial Complex
list by the Secretary of the Treasury;
(3) included in the 1260H list by the Secretary of Defense;
(4) domiciled in the People's Republic of China;
(5) subject to influence or control by the government of
the People's Republic of China; or
(6) a subsidiary or affiliate of an entity described in
paragraphs (1) through (5).
(b) Subsection (a) shall not apply to an operation,
procurement, or contracting action that--
(1) is for purposes of counter-UAS testing, analysis,
training, or aviation safety testing and research; and
(2) notification is provided in writing not later than 15
days after making an expenditure to such an operation,
procurement, or contracting action to the Committees on
Appropriations of the House of Representatives
[[Page H5450]]
and the Senate in a manner that identifies the unmanned
aircraft system and intended use of such system, provided
that such notification may include a classified annex, as
necessary.
Sec. 420. 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.
Sec. 421. None of the funds made available by this Act may
be used to provide any education, training, or professional
development that utilizes, promotes, or teaches Critical Race
Theory, any concept associated with Critical Race Theory, or
that teaches or trains any idea or concept that condones an
individual being discriminated against or receiving adverse
or beneficial treatment based on race or sex, that condones
an individual feeling discomfort, guilt, anguish, or any
other form of psychological distress on account of that
individual's race or sex, as well as any idea or concept that
regards one race as inherently superior to another race, the
United States or its institutions as being systemically
racist or sexist, an individual as being inherently racist,
sexist, or oppressive by virtue of that individual's race or
sex, an individual's moral character as being necessarily
determined by race or sex, an individual as bearing
responsibility for actions committed in the past by other
members of the same race or sex, or meritocracy being racist,
sexist, or having been created by a particular race to
oppress another race.
Sec. 422. The Secretary of Transportation and the
Secretary of Housing and Urban Development shall provide the
House and Senate Committees on Appropriations quarterly
written notification regarding the status of pending
congressional reports.
Sec. 423. None of the funds made available by this Act may
be used by the Secretary of Housing and Urban Development to
establish, administer, or enforce any requirement to elevate
any structure that is newly constructed, substantially
repaired, or substantially improved and is located within the
areas impacted or distressed as a result of a major disaster
declared pursuant to the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5121 et seq.) and
within a special flood hazard area for purposes of the
National Flood Insurance Program, to an elevation higher than
the elevation required by the Federal Emergency Management
Agency under the National Flood Insurance Program.
Sec. 424. None of the funds made available by this Act may
be used by the Secretary of Housing and Urban Development in
contravention of section 312 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5155).
Sec. 425. With respect to a person who has received
Federal assistance for a major disaster or emergency under
the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.) related to Major
Disaster Declarations for Disaster Number 4263 from March of
2016 or Disaster Number 4277 from August of 2016, none of the
funds under this or a prior Act shall be used to enforce an
income threshold to limit the eligibility of such recipient
from qualifying for a waiver of the general prohibition of
the duplication of benefits under section 312(b)(4) of such
Act (42 U.S.C. 5155(b)(4)) for assistance made available
under section 145(a) of division C of Public Law 114-223,
section 192(b) of division C of Public Law 114-223, or
section 421 of division K of Public Law 115-31.
Sec. 426. None of the funds made available in this Act may
be used to facilitate new scheduled air transportation
originating from the United States if such flights would land
on, or pass through, property confiscated by the Cuban
Government, including property in which a minority interest
was confiscated, as the terms confiscated, by the Cuban
Government, and property are defined in paragraphs (4), (5),
and (12)(A), respectively, of section 4 of the Cuban Liberty
and Democratic Solidarity (LIBERTAD) Act of 1996 (22 U.S.C.
6023 (4), (5), and 7 (12)(A)): Provided, That for this
section, new scheduled air transportation shall include any
flights not already regularly scheduled prior to May 2022.
Sec. 427. (a) In the table of projects in the explanatory
statement referenced in section 417 of the Transportation,
Housing and Urban Development, and Related Agencies
Appropriations Act, 2022 (division L of Public Law 117-103)
the item relating to ``Midland Center for the Arts only for
structural improvements'' is deemed to be amended by striking
recipient ``City of Midland'' and inserting ``Midland Center
for the Arts.''
(b) 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)--
(1) the item relating to ``River Road Homes Affordable
Housing Infrastructure'' is deemed to be amended by striking
recipient ``Town of Canaan'' and inserting ``Falls Village
Housing Trust Inc.''; and
(2) the item relating to ``The Star Community Family Life
Center'' is deemed to be amended by striking recipient ``The
Star Community Family Life Center'' and inserting ``Morning
Star Baptist Life Center Five Star Program, Inc.''
Sec. 428. None of the funds made available in this Act or
any other Act may be used for any activities related to the
implementation of Priced Zones (Cordon Pricing) under the
Value Pricing Pilot Program or New York City's Central
Business District Tolling Program.
Sec. 429. None of the funds made available by this Act or
any other Act may be used for any program, project, or
activity associated with the collection of tolls on
Interstate Route 5 or Interstate Route 205 in the State of
Oregon.
Sec. 430. None of the funds made available by this Act may
be obligated or expended to fly or display a flag over a
facility of a Department or agency funded by this Act other
than the flag of the United States; the flag of a State,
insular area, or the District of Columbia; the flag of a
Federally recognized Tribal entity; the official flag of the
Secretary of Transportation or the Secretary of Housing and
Urban Development; the official flag of a U.S. Department or
agency; or the POW/MIA flag.
Sec. 431. (a) IN GENERAL.--Notwithstanding section 7 of
title 1, United States Code, section 1738C of title 28,
United States Code, or any other provision of law, none of
the funds provided by this Act, or previous appropriations
Acts, shall be used in whole or in part to take any
discriminatory action against a person, wholly or partially,
on the basis that such person speaks, or acts, in accordance
with a sincerely held religious belief, or moral conviction,
that marriage is, or should be recognized as, a union of one
man and one woman.
(b) DISCRIMINATORY ACTION DEFINED.--As used in subsection
(a), a discriminatory action means any action taken by the
Federal Government to--
(1) alter in any way the Federal tax treatment of, or cause
any tax, penalty, or payment to be assessed against, or deny,
delay, or revoke an exemption from taxation under section
501(a) of the Internal Revenue Code of 1986 of, any person
referred to in subsection (a);
(2) disallow a deduction for Federal tax purposes of any
charitable contribution made to or by such person;
(3) withhold, reduce the amount or funding for, exclude,
terminate, or otherwise make unavailable or deny, any Federal
grant, contract, subcontract, cooperative agreement,
guarantee, loan, scholarship, license, certification,
accreditation, employment, or other similar position or
status from or to such person;
(4) withhold, reduce, exclude, terminate, or otherwise make
unavailable or deny, any entitlement or benefit under a
Federal benefit program, including admission to, equal
treatment in, or eligibility for a degree from an educational
program, from or to such person; or
(5) withhold, reduce, exclude, terminate, or otherwise make
unavailable or deny access or an entitlement to Federal
property, facilities, educational institutions, speech fora
(including traditional, limited, and nonpublic fora), or
charitable fundraising campaigns from or to such person.
(c) ACCREDITATION; LICENSURE; CERTIFICATION.--The Federal
Government shall consider accredited, licensed, or certified
for purposes of Federal law any person that would be
accredited, licensed, or certified, respectively, for such
purposes but for a determination against such person wholly
or partially on the basis that the person speaks, or acts, in
accordance with a sincerely held religious belief or moral
conviction described in subsection (a).
Sec. 432. None of the funds made available by this title
may be used in contravention of section 642 of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996.
Sec. 433. (a) IN GENERAL.--None of the funds made
available, limited, or otherwise affected by this Act shall
be used to approve or otherwise authorize the imposition of
any toll on any segment of highway or bridge located on the
Federal-aid system in the Commonwealth of Pennsylvania that--
(1) as of the date of enactment of this Act, is not tolled;
(2) is constructed with Federal assistance provided under
title 23, United States Code;
(3) is constructed with Federal assistance provided under
section 141 of the Internal Revenue Code of 1986; and
(4) is in actual operation as of the date of enactment of
this Act.
(b) EXCEPTIONS.--
(1) NUMBER OF TOLL LANES.--Subsection (a) shall not apply
to any segment of highway on the Federal-aid system described
in that subsection that, as of the date on which a toll is
imposed on the segment, will have the same number of nontoll
lanes as were in existence prior to that date.
(2) HIGH-OCCUPANCY VEHICLE LANES.--A high-occupancy vehicle
lane that is converted to a toll lane shall not be subject to
this section, and shall not be considered to be a non-toll
lane for purposes of determining whether a highway will have
fewer non-toll lanes than prior to the date of imposition of
the toll, if--
(A) high-occupancy vehicles occupied by the number of
passengers specified by the entity operating the toll lane
may use the toll lane without paying a toll, unless otherwise
specified by the appropriate county, town, municipal or other
local government entity, or public toll road or transit
authority; or
(B) each high-occupancy vehicle lane that was converted to
a toll lane was constructed as a temporary lane to be
replaced by a toll lane under a plan approved by the
appropriate county, town, municipal or other local government
entity, or public toll road or transit authority.
[[Page H5451]]
Sec. 434. Spending Reduction Account--The amount by which
the applicable allocation of new budget authority made by the
Committee on Appropriations of the House of Representatives
under section 302(b) of the Congressional Budget Act of 1974
exceeds the amount of proposed new budget authority is $0.
This Act may be cited as the ``Transportation, Housing and
Urban Development, and Related Agencies Appropriations Act,
2024''.
The Acting CHAIR. All points of order against provisions in the bill
are waived.
No amendment to the bill shall be in order except those printed in
part B of House Report 118-261, amendments en bloc described in section
8 of House Resolution 838, and pro forma amendments described in
section 9 of House Resolution 838.
Each amendment printed in part B of House Report 118-261 may be
offered only in the order printed in the report, by the Member
designated in the report, shall be considered as read, shall be
debatable for the time specified in the report equally divided and
controlled by the proponent and an opponent, shall not be subject to
amendment except as provided by section 9 of House Resolution 838, and
shall not be subject to a demand for division of the question.
It shall be in order at any time for the chair of the Committee on
Appropriations or her designee to offer amendments en bloc consisting
of amendments printed in part B of House Report 118-261 not earlier
disposed of. Amendments en bloc shall be considered as read, shall be
debatable for 20 minutes equally divided and controlled by the chair
and ranking minority member of the Committee on Appropriations or their
respective designees, shall not be subject to amendment, except as
provided by section 9 of House Resolution 838, and shall not be subject
to a demand for division of the question.
During consideration of the bill for amendment, the chair and ranking
minority member of the Committee on Appropriations or their respective
designees may offer up to 10 pro forma amendments each at any point for
the purpose of debate.
Amendments En Bloc No. 1 Offered by Mr. Cole of Oklahoma
Mr. COLE. Mr. Chairman, pursuant to House Resolution 838, I offer
amendments en bloc.
The Acting CHAIR. The Clerk will designate the amendments en bloc.
Amendments en bloc No. 1 consisting of amendment Nos. 1, 2, 4, 7, 8,
9, 10, 11, 12, 14, 15, 16, 17, 18, 19, 21, 26, 27, 28, 33, 35, 38, 39,
41, and 42 printed in part B of House Report 118-261 offered by Mr.
Cole of Oklahoma:
AMENDMENT NO. 1 OFFERED BY MR. FALLON OF TEXAS
Page 2, line 13, after the dollar amount, insert ``(reduced
by $1,000,000)''.
Page 3, line 6, after the dollar amount, insert ``(reduced
by $1,000,000)''.
Page 6, line 13, after the dollar amount, insert
``(increased by $1,000,000)''.
AMENDMENT NO. 2 OFFERED BY MS. HAGEMAN OF WYOMING
Page 2, line 13, after the dollar amount, insert ``(reduced
by $5,000,000)''.
Page 3, line 6, after the dollar amount, insert ``(reduced
by $5,000,000)''.
Page 19, line 24, after the dollar amount, insert
``(increased by $5,000,000)''.
AMENDMENT NO. 4 OFFERED BY MR. PFLUGER OF TEXAS
Page 4, line 13, after the first dollar amount, insert
``(reduced by $1,000,000)''.
Page 118, line 16, after the dollar amount, insert
``(increased by $1,000,000)''.
Page 119, line 14, after the dollar amount, insert
``(increased by $1,000,000)''.
AMENDMENT NO. 7 OFFERED BY MR. ESPAILLAT OF NEW YORK
Page 6, line 13, after the dollar amount, insert
``(increased by $1,000,000) (reduced by $1,000,000)''.
AMENDMENT NO. 8 OFFERED BY MR. SWALWELL OF CALIFORNIA
Page 14, line 21, after the dollar amount, insert
``(reduced by $1,745,532,000) (increased by
$1,745,532,000)''.
AMENDMENT NO. 9 OFFERED BY MRS. RODGERS OF WASHINGTON
Page 19, line 24, after the dollar amount, insert
``(increased by $32,000,000) (decreased by $32,000,000)''.
AMENDMENT NO. 10 OFFERED BY MR. SWALWELL OF CALIFORNIA
Page 21, line 18, after the dollar amount, insert
``(reduced by $1,000,000) (increased by $1,000,000)''.
AMENDMENT NO. 11 OFFERED BY MR. ALLRED OF TEXAS
Page 30, line 2, after the dollar amount, insert ``(reduced
by $1,000,000) (increased by $1,000,000)''.
AMENDMENT NO. 12 OFFERED BY MS. JACKSON LEE OF TEXAS
Page 53, line 12, after the dollar amount, insert
``(reduced by $1,000,000) (increased by $1,000,000)''.
AMENDMENT NO. 14 OFFERED BY MR. GOTTHEIMER OF NEW JERSEY
Page 53, line 16 after the dollar amount, insert ``(reduced
by $1,000,000) (increased by $1,000,000)''.
AMENDMENT NO. 15 OFFERED BY MR. MOLINARO OF NEW YORK
Page 54, line 2, after the first dollar amount, insert
``(reduced by $100,000,000) (increased by $100,000,000)''.
AMENDMENT NO. 16 OFFERED BY MR. GARBARINO OF NEW YORK
Page 55, line 7, after the dollar amount, insert
``(increased by $1,160,769,000) (reduced by
$1,160,769,000)''.
AMENDMENT NO. 17 OFFERED BY MR. LAWLER OF NEW YORK
Page 55, line 7, after the dollar amount, insert
``(increased by $1,160,000,000) (decreased by
$1,160,000,000)''.
AMENDMENT NO. 18 OFFERED BY MR. LAWLER OF NEW YORK
Page 55, line 23, after the dollar amount, insert
``(increased by $416,000,000) (reduced by $416,000,000)''.
AMENDMENT NO. 19 OFFERED BY MR. MOLINARO OF NEW YORK
Page 55, line 23, after the first dollar amount, insert
``(reduced by $100,000,000) (increased by $100,000,000)''.
AMENDMENT NO. 21 OFFERED BY MS. CROCKETT OF TEXAS
Page 59, line 7, after the dollar amount, insert ``(reduced
by $130,828,124) (increased by $130,828,124)''.
AMENDMENT NO. 26 OFFERED BY MS. MOORE OF WISCONSIN
Page 80, line 12, after the dollar amount, insert
``(reduced by $1,000,000)''.
Page 120, line 4, after the dollar amount, insert
``(increased by $1,000,000)''.
Page 120, line 16, after the dollar amount, insert
``(increased by $1,000,000)''.
Page 121, line 15, after the dollar amount, insert
``(increased by $1,000,000)''.
AMENDMENT NO. 27 OFFERED BY MR. MAST OF FLORIDA
Page 80, line 21, after the dollar amount, insert
``(reduced by $4,680,000)''.
Page 81, line 5, after the dollar amount, insert ``(reduced
by $4,680,000)''.
Page 81, line 7, after the dollar amount, insert ``(reduced
by $4,680,000)''.
Page 118, line 16, after the dollar amount, insert
``(increased by $4,680,000)''.
Page 119, line 14, after the dollar amount, insert
``(increased by $4,680,000)''.
amendment no. 28 offered by mr. molinaro of new york
Page 80, line 21, after the dollar amount, insert
(``reduced by $2,500,000)''.
Page 81, line 5, after the dollar amount, insert ``(reduced
by $2,500,000)''.
Page 82, line 9, after the dollar amount, insert ``(reduced
by $2,500,000)''.
Page 82, line 19, after the dollar amount, insert
``(reduced by $2,500,000)''.
Page 131, line 12, after the dollar amount, insert
``(increased by $5,000,000)''.
amendment no. 33 offered by mr. espaillat of new york
Page 98, line 5, after the dollar amount, insert
``(increased by $1,000,000) (reduced by $1,000,000)''.
amendment no. 35 offered by mr. barr of kentucky
Page 111, line 9, after the dollar amount, insert
``(increased by $30,000,000)''.
Page 112, line 11, after the dollar amount, insert
``(increased by $30,000,000)''.
Page 142, line 17, after the dollar amount, insert
``(reduced by $30,000,000)''.
amendment no. 38 offered by mrs. beatty of ohio
On page 114, line 25, after the dollar amount, insert
``(increased by $1,000,000,000) (reduced by
$1,000,000,000)''.
amendment no. 39 offered by mr. molinaro of new york
Page 120, line 16, after the dollar amount, insert
``(increase by $3,350,000,000) (reduce by $3,350,000,000)''.
amendment no. 41 offered by mr. molinaro of new york
Page 139, line 11, after the dollar amount, insert
``(increase by $345,000,000) (reduce by $345,000,000)''.
amendment no. 42 offered by mr. espaillat of new york
Page 139, line 25, after ``hazards,'' insert ``such as
fire hazards,''.
The Acting CHAIR. Pursuant to House Resolution 838, the gentleman
from Oklahoma (Mr. Cole) and the gentleman from Illinois (Mr. Quigley),
each will control 10 minutes.
The Chair recognizes the gentleman from Oklahoma.
Mr. COLE. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, I rise in support of this bipartisan en bloc amendment
which represents amendments from both sides of the aisle. The en bloc
includes 25 noncontroversial amendments that reiterate our collective
support
[[Page H5452]]
for the Nation's transportation and housing needs.
Mr. Chairman, I thank my good friend Ranking Member Quigley and all
Members who have worked with us on this en bloc, and I ask my
colleagues to support the amendment.
Mr. Chair, I reserve the balance of my time.
Mr. QUIGLEY. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chair, I rise in support of this en bloc amendment. This includes
amendments from both parties and was crafted through consultation
between the majority and the minority.
This amendment supports critical infrastructure, safety, and housing
programs to emphasize the importance of achieving robust investment.
Mr. Chairman, I support the amendment, I urge its adoption, and I
reserve the balance of my time.
Mr. COLE. Mr. Chair, I yield 1 minute to the gentlewoman from
Washington (Mrs. Rodgers), who is the chairman on the Committee on
Energy and Commerce.
Mrs. RODGERS of Washington. Mr. Chair, I rise in support of my
amendment to recognize Washington State University and celebrate the
success of their ASCENT program. This program is the primary
university-based education and research vehicle for the FAA, and it is
laser focused on developing new and exciting technology we need to meet
the challenges of the 21st century.
By working with stakeholders and industry leaders, students and
faculty at WSU are showing the world what is possible. Their research
is revolutionizing the way we think about sustainable aviation fuel,
and it is helping secure a cleaner future.
Today, we have the opportunity to ensure the work continues. We can
fully fund the ASCENT program and make sure America continues to lead
the way to usher in a new era of innovation and win the future.
Mr. Chairman, this program will help America keep its competitive
edge, and I strongly urge my colleagues to support this amendment.
Mr. QUIGLEY. Mr. Chairman, I yield 1 minute to the gentlewoman from
Wisconsin (Ms. Moore).
Ms. MOORE of Wisconsin. Mr. Chairman, I thank the ranking member and
chairman for their leadership.
Mr. Chairman, my amendment is simple. It is amendment No. 26, and it
would increase funds for the continuum of care grants under the
McKinney-Vento Homelessness Assistance program by $1 million to help
survivors of domestic violence, dating violence, sexual assault, or
stalking who are experiencing homelessness and provide them the
resources they need to leave abusive and harmful situations.
These grants provide local organizations, faith-based organizations,
and Tribal entities with the funds necessary to help combat our
Nation's homelessness crisis. Domestic violence shelters funded by the
continuum of care grants are the first place survivors turn to in order
to provide them with the opportunity to escape dangerous and abusive
situations and ultimately helps to prevent the loss of life at the hand
of abusers.
In my own State we had a record number of domestic violence loss in
2022 at a rate of one death every 3.8 days.
The Acting CHAIR. The time of the gentlewoman has expired.
Mr. QUIGLEY. Mr. Chair, I yield an additional 30 seconds to the
gentlewoman from Wisconsin.
Ms. MOORE of Wisconsin. Mr. Chairman, I urge my colleagues to support
this en bloc amendment.
I would end with a question asked by Jenna Gormal: Will we invest in
prevention measures, housing, economic, and racial equity, commonsense
firearms regulations, body autonomy, or will we accept the deaths of
our family and community members at the hands of domestic violence?
Mr. COLE. Mr. Chairman, I yield 1\1/2\ minutes to the distinguished
gentleman from Florida (Mr. Mast).
Mr. MAST. Mr. Chair, the amount of teleworking in Washington is
astronomical. We all know post-pandemic it is nearly impossible to get
an employee of a Federal agency on the phone because they are still
working in their homes and not in the office.
Perhaps some of the worst offenders are those at the Department of
Housing and Urban Development, HUD. According to a GAO study from July
of this year, the occupancy rate of HUD's headquarters, the Robert C.
Weaver Federal building, is roughly 9 percent occupancy. The building
is just a stone's throw from here where we are sitting right now, and
it is sitting basically empty.
Why, then, I ask, are we proposing to spend $4.68 million to
modernize a building that very few are using?
I propose we do something else with that money. At the same time many
of our Nation's veterans are living in untenable conditions, and they
have lived with physical disabilities as a result of war. I am here
today to argue that a better use of that $4.68 million is to support
low-income veterans via the Veterans Housing Rehabilitation and
Modification Pilot Program.
This program provides awards through competitive grants to nonprofit
organizations that provide nationwide or State programs that primarily
serve low-income veterans. Once the grant is received, the veterans'
homes receive modifications such as wheelchair ramps, widening door
thresholds to accommodate mobility needs, shower bars, and things
related to that.
It is estimated that with the money that would be transferred there,
they would be able to modify hundreds of more homes for these veterans.
Mr. Chairman, I thank the chairman, and I thank the ranking member
for making my amendment as a part of the en bloc package. I urge my
colleagues to support the adoption of the en bloc package.
Mr. QUIGLEY. Mr. Chair, I yield 2 minutes to the gentlewoman from
Ohio (Mrs. Beatty.)
Mrs. BEATTY. Mr. Chairman, I thank Ranking Member Quigley for
yielding.
Mr. Chairman, I rise in support of my en bloc amendment filed with my
colleague, Congressman John Garamendi, which highlights the
importance of the HOME Investment Partnership program to meet
affordable housing needs in the United States.
For 30 years, Mr. Chair, HOME has proven to be one of the most
effective locally driven tools to help States and communities address
their most pressing housing challenges; whether that is new affordable
housing construction, rehabilitation of existing buildings, homebuyer
assistance, and tenant-based rental assistance, including veterans, as
we approach Veterans Day, persons with disabilities, seniors, and
persons experiencing homelessness.
We cannot slash or cut these funds because we know slashing the funds
for the HOME program from $1.7 million to $500 million--the lowest
allocation since the program was established in 1992--at a time when
the Nation, and as we all know in all districts, is facing an
affordable housing crisis, with record lows in housing inventory and
soaring rents and construction costs, slashing such an essential
housing program by nearly 70 percent is unthinkable.
Every American deserves access to safe and affordable housing, and
every single one of my colleagues in this Chamber ought to support the
HOME program to be fully funded to achieve that purpose.
Mr. Chairman, I urge my colleagues to support my amendment, and I
urge them to support the robust funding for the HOME program.
Mr. COLE. Mr. Chair, I reserve the balance of my time.
Mr. QUIGLEY. Mr. Chairman, I yield 1 minute to gentleman from
California (Mr. Garamendi).
Mr. GARAMENDI. Mr. Chairman, I thank my colleague Representative
Beatty for her leadership.
Mr. Chairman, I rise today in support of this amendment to highlight
the importance of the HOME Investment Partnership Program in meeting
the needs of working families across America.
Hardworking Americans deserve to have a house, and they deserve to
have a home. We face drastic shortages of affordable housing in
California and in most every other part of America. Housing costs have
skyrocketed significantly, outpacing incomes.
This is why the President's budget rightfully included $1.8 billion
for the HOME Investment Partnership Program. This funding will help
construction and rehabilitation of affordable rental housing as well as
providing
[[Page H5453]]
homeownership opportunities for working families. We must support the
funding programs like HOME to ensure that every American has a home.
Mr. QUIGLEY. Mr. Chairman, I support the en bloc amendment, and I
yield back the balance of my time.
Mr. COLE. Mr. Chairman, I appreciate the gentleman's support. I also,
obviously, support the en bloc amendment, and I yield back the balance
of my time.
The Acting CHAIR. The question is on the amendments en bloc offered
by the gentleman from Oklahoma (Mr. Cole).
The en bloc amendments were agreed to.
{time} 1930
Amendment No. 3 Offered by Mr. Lawler
The Acting CHAIR. It is now in order to consider amendment No. 3
printed in part B of House Report 118-261.
Mr. LAWLER. Mr. Chair, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 4, line 13, after the first dollar amount, insert
``(reduced by $10,000,000)''.
Page 54, line 2, after the dollar amount, insert
``(increased by $10,000,000)''.
The Acting CHAIR. Pursuant to House Resolution 838, the gentleman
from New York (Mr. Lawler) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from New York.
Mr. LAWLER. Mr. Chair, tonight, I rise to advocate for the passage of
my amendment to the T-HUD bill, amendment No. 3, which would allocate
an additional $10 million toward the DOT's Consolidated Rail
Infrastructure and Safety Improvements account, otherwise known as
CRISI.
The CRISI program is designed to provide financial support for
project development and infrastructure upgrades, including station
improvements, improving rail system reliability, and grade crossing
projects, to ensure efficient and safe rail service.
CRISI also assists with the creation and improvement of grade
crossing projects, something of critical importance to my constituents
and others across the country.
Nowhere is rail safety more important than in New York's 17th
Congressional District, where hundreds of thousands of my constituents
live within 5 miles of a train track or train station.
Earlier this year, we saw the impacts of rail safety concerns when a
sweeping brush fire was ignited near the train tracks in Rockland
County. Thankfully, due to the efforts of our heroic first responders,
no one was injured or killed, but the fire came awfully close to doing
serious damage and causing potential loss of life, which is why it is
so critical to ensure that CRISI is funded appropriately.
Earlier this year, I sent a letter with dozens of my colleagues
calling for the full funding of this program, and this amendment helps
toward that goal.
Rail safety is not something that should be shortchanged in funding,
especially after the disasters we have seen nationwide, including in
East Palestine, Ohio.
Mr. Chair, I urge all of my colleagues to support this critical
amendment, and I reserve the balance of my time.
Mr. QUIGLEY. Mr. Chair, I claim the time in opposition to the
amendment.
The Acting CHAIR. The gentleman from Illinois is recognized for 5
minutes.
Mr. QUIGLEY. Mr. Chair, I rise in reluctant opposition to this
amendment because while I strongly support the Consolidated Rail
Infrastructure and Safety Improvement Program, I do not support
diverting resources that are also necessary to support the Department's
investments in research and workforce development.
The Office of the Secretary's Research and Technology program
coordinates and collaborates with public and private partners to invest
in research that will make our transportation system more safe,
efficient, competitive, accessible, and sustainable.
OST-R has already been cut by almost 15 percent in this bill, and
another $10 million cut in research and these partnerships would be a
major step backward.
We simply cannot rob Peter to pay Paul. That said, it is good to see
a colleague on the other side of the aisle recognize the importance of
the CRISI program and the inadequacy of its current funding level, but
let's also be frank with each other. The bill we are talking about here
cuts the CRISI program by over $280 million. It is essentially cut in
half. A $10 million increase in this amendment in the context of $280
million in cuts isn't undoing so much damage.
The larger issue here is that the majority chose to write the T-HUD
bill to an allocation that does not adequately support the needs of the
agencies and programs within the bill. My friends across the aisle need
to stop wasting time and work with House Democrats to write spending
bills in accordance with the bipartisan Fiscal Responsibility Act.
Mr. Chair, I look forward to working with my colleagues on the other
side of the aisle to increase funding for the CRISI program once the
majority increases the allocation of the T-HUD bill. Again, I support
the intent of the increase of the CRISI program, but I do not support
the offset.
Mr. Chair, I yield back the balance of my time.
Mr. LAWLER. Mr. Chair, I yield 1 minute to the distinguished
gentleman from Oklahoma (Mr. Cole), the chair of the Rules Committee.
Mr. COLE. Mr. Chair, I thank the gentleman for yielding, and I rise
in support of his amendment.
There is no question that the CRISI program is incredibly popular and
improves the safety and efficiency of passenger and freight rail. It is
the most in-demand program, and despite having over a billion dollars,
we quite often get more requests.
Mr. Chair, this is a very good and thoughtful request, and I am happy
to support it.
Mr. LAWLER. Mr. Chair, I think it is important, obviously, to
increase support for safety improvements, given some of the incidents
that we have seen across the country.
Mr. Chair, in response to my colleague across the aisle, I don't
think we would be in this situation if the prior Congress didn't
increase spending by over $5 trillion in 2 years. In looking to find
savings for the American taxpayer while making sure that these programs
are funded to the degree that they need to be, I think it is important
that we increase funding in this account by $10 million, and I
encourage all of my colleagues to support that.
Mr. Chair, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from New York (Mr. Lawler).
The amendment was agreed to.
Amendment No. 5 Offered by Ms. Escobar
The Acting CHAIR. It is now in order to consider amendment No. 5
printed in part B of House Report 118-261.
Ms. ESCOBAR. Mr. Chair, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 5, line 5, after the first dollar amount, insert
``(reduced by $10,550,000) (increased by $10,550,000)''.
The Acting CHAIR. Pursuant to House Resolution 838, the gentlewoman
from Texas (Ms. Escobar) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentlewoman from Texas.
Ms. ESCOBAR. Mr. Chair, my amendment highlights the importance of the
Thriving Communities Program within the Department of Transportation,
which my colleagues on the other side of the aisle have struck funding
for.
The Biden-Harris administration launched the much-needed program in
2022 to prepare State, local, Tribal, and territorial governments to
better access Federal funding for their communities. This program is
intended to help provide technical assistance to underresourced and
disadvantaged communities to help them identify, develop, and deliver
on transportation, housing, and other much-needed community
revitalization opportunities.
It is unfortunate to see that my colleagues on the other side have
eliminated this program, which helps communities in their own
districts. Not only does the program provide technical assistance, but
it also provides
[[Page H5454]]
grant and financial management support, predevelopment assistance,
community engagement, planning, and project delivery support.
With historical funding provided by the bipartisan infrastructure law
and the Inflation Reduction Act, it has been a priority for the Biden-
Harris administration to ensure Federal investments that tackle
climate, clean energy, and transportation initiatives are equitably
distributed to economically disadvantaged communities as well as rural
communities.
In fact, many of the same colleagues who approve of slashing this
funding have actually enjoyed and celebrated the projects built in
their districts with this money.
I represent El Paso, Texas, an economically disadvantaged community
that would benefit from the Thriving Communities Program. By
eliminating this program, communities like mine and many like it across
the country will not have the needed resources or equal opportunity to
access and benefit from available Federal funding for vital projects in
their communities. Rural communities, especially, will suffer.
As we all know, economically disadvantaged and rural communities
across this country deserve programs like this because they know their
needs but lack the needed resources to seek Federal funding.
It is programs like the Thriving Communities Program that continue to
help the most vulnerable access the historic Federal funding passed by
the bipartisan infrastructure law and Inflation Reduction Act.
Mr. Chair, I reserve the balance of my time.
Mr. COLE. Mr. Chair, I claim the time in opposition to the amendment.
The Acting CHAIR. The gentleman from Oklahoma is recognized for 5
minutes.
Mr. COLE. Mr. Chair, the Thriving Communities Program is duplicative
to the technical assistance already provided by the DOT's Office of the
Secretary.
I recognize the burdens that rural, Tribal, and disadvantaged
communities face in obtaining Federal grant funds, but a $25 million
office focused on providing additional technical assistance is
unnecessary.
DOT should focus on simplifying the grant application process as
opposed to a slush fund for additional grant consultants.
I understand that this program has received a total of $50 million in
funding over the last 2 years. However, even the Senate recognizes that
this program does not need any more funding. They detail in their
report that they are also not providing any funding for this program
this year because the program still has $28 million in unused balances.
I simply don't think it is necessary, and I urge the rejection of the
amendment.
Mr. Chair, I yield back the balance of my time.
Ms. ESCOBAR. Mr. Chair, I yield 1 minute to the gentleman from
Illinois (Mr. Quigley).
Mr. QUIGLEY. Mr. Chair, I rise in strong support of my colleague's
amendment. The Thriving Communities Program facilitates the planning
and development of community revitalization activities to ensure that
underresourced and disadvantaged communities can access funding
provided in the bipartisan infrastructure law.
Many rural and Tribal communities that have suffered historic
disinvestment lack the resources and capacity to successfully develop
infrastructure projects and access critical Federal funding.
The elimination of the Thriving Communities Program is just another
example of my colleagues across the aisle turning their back on the
very communities they represent.
Mr. Chair, I strongly support my colleague's amendment.
Ms. ESCOBAR. Mr. Chair, eliminating this funding is reckless. It will
make it harder for underserved and rural communities across the United
States to access this much-needed Federal funding.
We know that investment in infrastructure doesn't just help rebuild
our country, but it also creates badly needed American jobs that help
communities across America thrive. That is why I ask my colleagues to
support this amendment.
Mr. Chair, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentlewoman from Texas (Ms. Escobar).
The question was taken; and the Acting Chair announced that the noes
appeared to have it.
Ms. ESCOBAR. Mr. Chair, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentlewoman from Texas will
be postponed.
Amendment No. 6 Offered by Mr. Perry
The Acting CHAIR. It is now in order to consider amendment No. 6
printed in part B of House Report 118-261.
Mr. PERRY. Mr. Chair, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 5, line 5, after the dollar amount, insert ``(reduced
by $6,750,000)''.
Page 203, line 2, after the dollar amount, insert
``(increased by $6,750,000)''.
The Acting CHAIR. Pursuant to House Resolution 838, the gentleman
from Pennsylvania (Mr. Perry) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Pennsylvania.
Mr. PERRY. Mr. Chair, this amendment reduces the funding level for
the National Surface Transportation and Innovation Finance Bureau to
the fiscal year 2022 level, saving $6.75 million.
This office was created by the FAST Act solely to help entities apply
for Federal subsidies for transportation projects. It has become so
complicated, and there are so many different programs, that now we have
to have an entity that navigates interested parties through it.
In fiscal year 2022, this program was funded at $3.8 million. In this
House bill, just 2 years later, it is funded at $10.55 million.
Let's think about that. We are lending out so much money from the
taxpayers that we need to use taxpayer dollars to create an office to
assist people looking to take those loans.
This office is supposed to streamline and improve the application
process for DOT's credit assistance programs, according to the
Department of Transportation website. These programs, which include
TIFIA and RRIF credit assistance programs, have very favorable terms
for the borrower. Unfortunately, they have unfavorable terms for the
taxpayer.
Mr. Chairman, I reserve the balance of my time.
{time} 1945
Mr. QUIGLEY. Mr. Chairman, I claim the time in opposition.
The Acting CHAIR. The gentleman from Illinois is recognized for 5
minutes.
Mr. QUIGLEY. Mr. Chairman, I rise in opposition to this amendment to
cut funding for the Build America Bureau by more than half.
The Build America Bureau supports transportation and infrastructure
development projects by working closely with States, municipalities,
and project sponsors to provide technical assistance on preplanning and
project development. They help with applying for credit programs and
cultivate public-private partnerships.
This helps communities successfully develop projects and navigate
available public and private financing opportunities which require
significant capacity and expertise that can be a barrier for many
small, rural, or otherwise disadvantaged communities looking to access
capital.
We should support programs that make it easier to build, and I urge
my colleagues to reject this amendment.
Mr. Chairman, I reserve the balance of my time.
Mr. PERRY. Mr. Chairman, these programs, unfortunately, often finance
projects that have little or no value to interstate commerce.
This is the Federal Government. The Federal Government exists to do
things that the State and local governments can't do, but yet the State
and local governments can do these things. They just choose not to. I
don't blame them. Why would they when the Federal Government will pay
for them?
I will give you some examples:
[[Page H5455]]
It includes $606 million in TIFIA assistance to the Moynihan Train
Hall project in New York City to relieve congestion at Penn Station.
It includes $99 million in TIFIA assistance to the city of Bellevue,
Washington, for 12 multimodal roadways to support the new Bel-Red
neighborhood in the heart of the city. It is great for those cities. I
am sure it is wonderful, but that project alone included 25,000 linear
feet of sidewalk and 21,000 linear feet of dedicated and separate bike
lanes, all within one city.
They weren't crossing State lines. People in Pennsylvania are paying
for the one in Washington, people in New Mexico, Florida. They are not
there, though. They just get to pay for it.
It also includes $908 million in TIFIA assistance to a regional rail
project that only traverses through three counties in Texas.
What region is that? I guess that is the Texas region, right? It is
not the Southwest. I mean, it is technically, but this doesn't cross
any State lines. There is no interstate nexus here. There is no reason
for the Federal Government to be involved.
I am sure these projects and many more funded by these programs are
appreciated by the residents of these areas. I am absolutely certain of
it. I am also sure that I am in the minority when I say there should be
fewer of these programs to redistribute taxpayer-funded subsidies
across the country. We simply can't afford them. We simply can't afford
them.
I know I am going to be a broken record, but we are going to hear the
broken record of $33 trillion in debt and climbing every single day at
exponential rates unseen before in history. At a bare minimum, instead
of creating an increasing funding for an office to manage the web of
bureaucracy of these subsidy programs, why don't we actually cut these
programs, especially the duplicative ones?
My colleague on the other side of the aisle says it exists to help
them apply and successfully develop projects. I am sure it does. I am
sure they develop the projects just to receive this money. That is why
they do it, because this thing exists. Maybe the project wouldn't exist
if it weren't for this first.
He says it requires expertise. I am sure it does because it is
complicated. It is so complicated that we have a bureau now just to
navigate these things for grant recipients and would-be grant
recipients and funding recipients. We can't afford this. We don't need
this, and I urge adoption.
Mr. Chair, I yield back the balance of my time.
Mr. QUIGLEY. Mr. Chair, I yield 3 minutes to the gentleman from New
Jersey (Mr. Kim).
Mr. KIM of New Jersey. Mr. Chair, I rise today in concern over
implications and consequences of what is before us with this bill. I
rise in opposition to proposed cuts to Amtrak that will diminish the
funding it needs to provide the service Americans rely on every day.
I know how important Amtrak is because I am one of those Americans
who rely on its service. I am one of 9.3 million Americans who used the
Northeast Corridor in 2022 to get home, see family, or conduct
business. In fact, I just rode the Amtrak train down today to be here
at the Capitol to do the work of this country. I am one of nearly 23
million Americans nationwide who have used Amtrak last year to bring
our communities closer together and help create economic opportunities
for working people.
For this reason, at the appropriate time, I will offer a motion to
recommit this bill back to committee and will insert this as text into
the Record. If the House rules permit, I would have offered the motion
with an important amendment to this bill.
My amendment would increase the level of grants for the Northeast
Corridor and National Network to match the fiscal year 2023 enacted
level. In short, it would help make sure a critical program that
millions rely on has the funding it needs to continue operating at the
level the American people expect.
Unfortunately, delivering for the American people is not a priority
in this Republican budget. This budget guts Amtrak funding by 64
percent. It guts funding for the Northeast Corridor by 92 percent, and
it eliminates critical programs for rail safety at a time when we
should be prioritizing safety for our workers and our communities.
This Republican budget impacts my home State of New Jersey
particularly hard. At a time when train derailments are costing lives,
this budget would result in nearly 200 fewer safety inspections in my
State of New Jersey alone. At a time when we should be investing in our
infrastructure, New Jersey stands to lose nearly $173 million in
funding for our transit and highway projects.
New Jersey deserves better, and America deserves better. We can start
to make this right for them by passing this MTR to provide the funding
we need for programs that millions of Americans depend on.
Mr. Chair, I include in the Record the text of this amendment.
Mr. Kim of New Jersey moves to recommit the bill H.R. 4820
to the committee on Appropriations with the following
amendments.
Page 55, line 7, after the dollar amount, insert
``(increased by $1,160,769,000)''.
Page 55, line 23, after the dollar amount, insert
``(increased by $416,624,000)''
Mr. QUIGLEY. Mr. Chair, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Pennsylvania (Mr. Perry).
The amendment was agreed to.
The Acting CHAIR. The Chair understands that amendment No. 13 will
not be offered.
Amendment No. 20 Offered by Mr. Perry
The Acting CHAIR. It is now in order to consider amendment No. 20
printed in part B of House Report 118-261.
Mr. PERRY. Mr. Chair, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 55, line 23, after the dollar amount, insert
``(reduced by $776,376,000)''.
Page 203, line 2, after the dollar amount, insert
``(increased by $776,376,000)''.
The Acting CHAIR. Pursuant to House Resolution 838, the gentleman
from Pennsylvania (Mr. Perry) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Pennsylvania.
Mr. PERRY. Mr. Chairman, let's be clear. The gentleman who spoke just
before me that just rode the train in from New Jersey today should have
no problem with this amendment because it does nothing to the Northeast
Corridor. However, what it does do, it cuts the over $776 million in
funding for the National Network of the National Railroad Passenger
Corporation.
I understand that the President has an affinity for passenger rail,
especially Amtrak. Amtrak's 15-year vision released in 2021 mirrors
that enthusiasm, plotting out an ambitious 39 new routes in the next 15
years. The problem is, it can't be said enough here in Washington, we
are out of money. We are borrowing money to pay these bills.
The behemoth IIJA passed just a few years ago contained billions in
funding directly for both the Northeast Corridor, which the good
gentleman from New Jersey just talked about, but also the National
Network.
This doesn't include billions of dollars going to passenger rail
grant and loan programs at DOT, many of which Amtrak has been and
remains eligible for at this moment. It doesn't include it. This
amounts to at least $4.4 billion for Amtrak across both accounts. They
are already getting that, $4.4 billion per year, preauthorized,
prepaid. Why in the world would we continue to pump money into a budget
line item that will automatically get generous support for the next few
years at least? Like I just said, $4.4 billion.
Furthermore, this ignores that sucking chest wound of Amtrak's
finances. Even before the pandemic, Amtrak's ticket revenue wasn't
meeting its operating expenses; and now after the pandemic, numbers
look even more grim. In FY22 Amtrak ran an astounding $886 million
operating deficit, $806 million of which was from the National Network,
easily the lion's share. We simply must stop the bleeding.
While I didn't vote for the Biden blowout infrastructure bill, it did
contain a supplemental appropriation of $3.2 billion per year for FY22
through FY26 for Amtrak's National Network. They are already getting
that $3.2 billion.
[[Page H5456]]
This amendment simply cuts $776 million contained in this bill, the
bill that we are trying to move today, this bill, from the National
Network.
Mr. Chair, I reserve the balance of my time.
Mr. QUIGLEY. Mr. Chair, I claim the time in opposition.
The Acting CHAIR. The gentleman from Illinois is recognized for 5
minutes.
Mr. QUIGLEY. Mr. Chair, I rise in opposition to this amendment and
its extreme proposal to zero out the National Network grants. Amtrak's
National Network trains carried 16.5 million people last year and
provided the only intercity public transportation in many small rural
communities.
Without this grant, nearly all of Amtrak's service outside of the
Boston-Washington Northeast Corridor--15 long-distance routes that are
the only Amtrak service in 23 States, and 28 State-supported short-
distance routes funded through Amtrak State partnerships--would
disappear. That would include the Texas Eagle from Chicago to Arkansas.
How would I visit Mr. Womack or Mr. Hill in Arkansas without this,
just to name a few?
The funding in this committee bill is already woefully short of
ensuring the National Network is safe, reliable, and on time. Funding
for the National Network has already been cut by 35 percent, from $1.2
billion to $776 million which, if enacted, would radically reduce or
suspend service on rail lines across the country.
It also cuts funding for the Amtrak workforce of more than 20,000
employees, including almost 3,000 employees in the State of
Pennsylvania.
I support robust funding for Amtrak and its National Network so that
we can have safe and reliable passenger rail service across the
country. We need investments in rail, not these draconian cuts.
Mr. Chair, I urge my colleagues to vote ``no'' on this amendment, and
I reserve the balance of my time.
Mr. PERRY. Mr. Chairman, I yield myself the balance of my time.
Mr. Chairman, we absolutely do need investments in passenger rail,
but private companies won't do it because it loses money. Amtrak is
happy to do it because it is not their money. It is our money. It is
our taxpayers' money. They get up early in the morning while it is
still dark out, pack their lunch, and head off to work so they can pay
the taxes for an operation that lost $886 million in FY 2022--$886
million.
You know who lost their job when they lost $886 million of the
taxpayers' hard-earned money? Nobody. Nobody lost their job. It doesn't
matter.
What happens is we came in and we are asking for more money. We
already talked about the billions they are already getting, and this is
adding insult to injury for everybody who has to pay for it.
It is awesome to have rails that go across the country. It is one of
the founding principles of our country, opening the West. However, it
wasn't the government that did it. It was entrepreneurs. It was people
who speculated and risked their capital. Then the people who rode the
trains paid for them. However, people who aren't riding the trains are
paying for them, and they don't have any more money.
Do I want to see them close? I certainly don't. I don't want to see
these lines ended and these services ended, but if we keep going, $33
trillion, I don't know when the breaking point is, but everything is
going to end at some point. We could learn a lesson, trim the waste,
fix things that we can fix, so we can avoid everything stopping, but I
guess we are going to head over the cliff.
Mr. Chair, I urge adoption of my amendment, and I yield back the
balance of my time.
{time} 2000
Mr. QUIGLEY. Mr. Chair, let's dismiss the notion that we don't
subsidize all other forms of transportation, especially air travel.
If the private sector wants to take over air travel and pay for all
parts of airports and everything that comes with it, then so be it, but
that is not going to happen.
The fact of the matter is there are many benefits from having a
robust rail system that serves communities that would not otherwise
have them.
Mr. Chair, I oppose this amendment and urge my colleagues to join me
in doing so. I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Pennsylvania (Mr. Perry).
The question was taken; and the Acting Chair announced that the ayes
appeared to have it.
Mr. QUIGLEY. Mr. Chair, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Pennsylvania
will be postponed.
Amendment No. 22 Offered by Mr. Perry
The Acting CHAIR. It is now in order to consider amendment No. 22
printed in part B of House Report 118-261.
Mr. PERRY. Mr. Chair, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 59, line 7, after the dollar amount, insert ``(reduced
by $130,828,124)''.
Page 203, line 2, after the dollar amount, insert
``(increased by $130,828,124)''.
The Acting CHAIR. Pursuant to House Resolution 838, the gentleman
from Pennsylvania (Mr. Perry) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Pennsylvania.
Mr. PERRY. Mr. Chairman, this amendment strikes over $130 million in
transit infrastructure grants for the earmarks contained in this bill.
Even though many of my colleagues have chosen to request earmarks, or
using the current euphemism, community project funding, I remain
opposed to the use of this funding for local projects.
The corruptive and wasteful earmark process represents what I believe
are the worst of our taxpayers' dollars being spent on projects that
oftentimes have no Federal nexus whatsoever.
Take some of the grant projects being funded in this bill using
transit infrastructure grants:
$1.05 million for the rehabilitation of the Baldwin Park Train
Station in Baldwin Park, California. I am sure it is beautiful. I am
sure the residents love it. People in Pennsylvania don't know where it
is and don't want to pay for it.
$790,000 for the West Anaheim zero-emission microtransit project. I
am not even sure what that is. Maybe I would be sure if I was in West
Anaheim, but I am in Pennsylvania. I am not planning on traveling there
anytime soon, but apparently my tax dollars are.
$850,000 for the City of Phoenix Valley Metro microtransit. The City
of Phoenix is beautiful. I have been there. I haven't used the
microtransit project, but I get to pay for it, and so do all my bosses.
$850,000 for the Norwalk Transit System bus stop equity project in
Norwalk, California. I am sure it is beautiful. I am not sure what the
equity project is. I would rather not pay for it, and neither would the
folks that sent me here. They don't want to pay for it either because
they don't have any money, and neither does this government.
Now, there is no doubt that some of the earmarks funded in this bill
will benefit some folks around the country. However, again, many of
them have no Federal nexus. State and local governments should be doing
these things, not the Federal Government.
I bet nearly all of them are already eligible for some form of
Federal transit spending anyhow. They don't need an earmark, and they
can compete like everybody else on that boondoggle. We don't need this
boondoggle on top of that boondoggle.
Mr. Chairman, I reserve the balance of my time.
Mr. QUIGLEY. Mr. Chair, I claim the time in opposition.
The Acting CHAIR. The gentleman from Illinois is recognized for 5
minutes.
Mr. QUIGLEY. Mr. Chair, tomorrow I think I will join the boondoggle
caucus just to find out everything that is going on with boondoggles
everywhere.
For the life of me, I can't understand why some of my Republican
Members and friends across the aisle take offense at projects that
increase safety on our roads while so many others support this and have
earmarks--or however we want to describe or call them--
[[Page H5457]]
it really doesn't make that much difference.
It is important to remember that these came under Republican guidance
that required a Federal nexus under this year's rules.
The committee project funding within this bill has gone through
extensive vetting by Republican and Democratic offices before being
submitted for review to the committee.
Let's make that even clearer. Every single one of the 127 transit
projects containing funding in this bill were submitted by a Republican
or a Democratic Member of this body.
Not only has each Member undertaken extensive vetting within their
districts to identify the project as a priority, but the Department of
Transportation has reviewed every single project and determined they
are eligible.
They are eligible based on guidance and requirements that our
Republican colleagues determined, including Federal law and regulation.
Those of you who are not aware, Republicans on the House
Appropriations Committee already voted to strip funding away from three
eligible projects simply because they benefit LGBTQ+ youth, seniors,
and allies.
We have seen this before. It is an overreach by Republican Members
for otherwise eligible projects so that based on their own ideology,
they can dictate how each individual Member should support their
district and constituents who voted them into office.
To my Republican colleagues who have funded transit projects in this
bill, what will you tell your transit agencies who put the sweat and
resources into submitting eligible projects for funding?
I would mention the folks who did that: Mr. Garcia, Mr. LaHood, Mr.
LaTurner, Mr. Moore, Mr. Pfluger, Mr. Rose, Mr. Rutherford, Mr.
Sessions, Mr. Valadao, and many, many more along those same lines.
I urge my colleagues to vote ``no'' on this amendment, and I reserve
the balance of my time.
Mr. PERRY. Mr. Chairman, I understand that it received guidance. It
doesn't matter to me if it the received guidance.
As a matter of fact, it seems to me based on the examples I gave you
that the guidance is flawed, which is why I voted against this when we
started this session and we crafted the rules. I voted against all of
this because I knew this was going to happen.
I don't cast any aspersions to Republicans or Democrats in this. I am
not going to name any names. I am not mad at anybody here. I think it
is bad for the whole country, and it is a bad way of doing business.
As to the safety aspect, I guess when you don't have any real
argument to make about the projects themselves and the alleged Federal
nexus, you throw the old safety--like, of course, everybody on this
side of the aisle, we want to be unsafe. We love to be unsafe. We want
everybody to be unsafe just like we like to breathe dirty air and drink
dirty water, and people somehow believe that. Nothing could be further
from the truth.
If the only way we can be safe is by bankrupting the country, I
wonder how this country made it this far. We made it pretty far without
bankrupting ourselves, but yet, we can make it no further.
I guess that is what we are going to learn here with this process on
this bill. Too much money. Too much borrowing. We can't afford it. No
Federal nexus.
I urge my colleagues to vote ``yes'' on this amendment, and I yield
the balance of my time.
Mr. QUIGLEY. Mr. Chair, a quick thought on earmarks. In general, a
person doesn't like earmarks, but on the other hand, using the language
that they often use, they don't want some nameless, faceless bureaucrat
in D.C. making decisions on how their money is spent. It is one way or
the other.
Mr. Chair, I yield 2 minutes to the gentleman from Oklahoma (Mr.
Cole).
Mr. COLE. Mr. Chair, I thank my friend for yielding.
Mr. Chair, I rise in opposition to my good friend from Pennsylvania's
amendment for a simple reason. Actually, I will start with where my
friend, the ranking member, was.
These decisions are too often made by faceless bureaucrats in
Washington, D.C., and there ought to be an opportunity for Members to
advocate.
We all know the top lines are set long before any of these projects
are awarded, so this doesn't add a single dime. It just allows Members
to advocate under a structured process for things that they think will
make a difference in the lives of their constituents.
We are not spending one cent more than we would have spent. We are
giving Members the opportunity to influence decisions that are
important to them and their constituents.
We do take our vetting responsibilities very seriously. These were
vetted by the Republican Appropriations Committee and staffers in
cooperation with our friends from the other side of the aisle, and we
don't approve them all. About a third of these things never make it,
and a lot of them don't get as much money as they ask for.
This is a good tool, an important tool. Congress went without it for
a decade and decided after that experience, we need it back.
Overwhelming majorities in both conferences made that decision, not
one or the other. We voted on this rule in our conference multiple
times. The margin has gotten bigger every time.
Mr. Chair, I urge defeat of the amendment.
Mr. QUIGLEY. Mr. Chair, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Pennsylvania (Mr. Perry).
The amendment was rejected.
Amendment No. 23 Offered by Mr. Perry
The Acting CHAIR. It is now in order to consider amendment No. 23
printed in part B of House Report 118-261.
Mr. PERRY. Mr. Chair, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 60, line 22, after the dollar amount, insert
``(reduced by $392,204,000)''.
Page 203, line 2, after the dollar amount, insert
``(increased by $392,204,000)''.
The Acting CHAIR. Pursuant to House Resolution 838, the gentleman
from Pennsylvania (Mr. Perry) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Pennsylvania.
Mr. PERRY. Mr. Chairman, this amendment would strike the funds for
the Capital Investment Grant Program.
For the past decade, the Capital Investment Grant Program has led to
the misallocation of funds to the most expensive projects without
regard to the project's financial viability or expected ridership,
which would seem to me to be kind of important.
By overextending their resources in search of Federal grant funding,
transit agencies fail to consider the impact this will have on their
ability to provide existing services.
While this was true before the pandemic, it is of particular concern
in the post-pandemic environment. FDA data shows 2023 ridership came in
a little over 50 percent of 2019 levels, so there is little need to
build out additions to the transit system before we can ascertain the
long-term impact of the pandemic and the interest in public
transportation generally on ridership.
People aren't riding, yet we are going to build more of this stuff.
That seems, I don't know, a little counterintuitive to me.
Congress now has provided in excess of $100 billion in annual and
emergency spending to public transit agencies over the pandemic era
period.
There is a reason for that. We need to slow down and determine where
future ridership is headed before we continue to throw good money after
bad into capital projects we can't afford, are unnecessary, and will
never be sustained.
Mr. Chair, I reserve the balance of my time.
Mr. QUIGLEY. Mr. Chairman, I claim the time in opposition.
The Acting CHAIR. The gentleman from Illinois is recognized for 5
minutes.
Mr. QUIGLEY. Mr. Chairman, I rise in opposition to yet another anti-
mobility amendment to eliminate funding for transit capital investment
grants.
The bill already cuts transit infrastructure by 82 percent. The
gentleman from Pennsylvania's previous amendment doubled down on that
by eliminating Member-sponsored transit projects.
[[Page H5458]]
The bipartisan infrastructure law authorized this program to receive
$3 billion for fiscal year 2024. Instead of debating an amendment to
get us closer to that amount, we are wasting our time reneging on yet
another bipartisan agreement.
This amendment would make it impossible for dozens of commuter rail
and bus projects already in the pipeline for construction grants to
move along in a timely manner. That includes the thousands of jobs
supported by those projects. In fact, for every $1 invested in public
transit, another $5 is leveraged.
Today, there are 69 projects across the Nation seeking funding under
this program, including such places as Huntsville, Alabama;
Indianapolis, Indiana; Rochester, Minnesota; Columbus, Ohio; Salt Lake
City, and Spokane, Washington.
While we often focus on the local benefits, the need for increased
mobility and access to job centers, medical care, and schools goes
beyond any one district.
Transit gets essential workers from home to the places many of us
rely on: hospitals, stores, service delivery hubs, and schools, not
only supporting thousands of jobs across the country but the local
economies that rely on these workers.
The American people are tired of seeing half complete construction
projects on the side of the road and deserve the confidence of this
body that their taxpayer dollars will result in real infrastructure
benefits.
Instead of cutting off funding for buses and subways and those
employed by and relying on these transportation systems, we should be
investing in these projects that give commuters more reliable service,
lower congestion on the roads, and make it a little easier to breathe.
I urge all my colleagues to reject this amendment, and I reserve the
balance of my time.
Mr. PERRY. Mr. Chairman, no one here is anti-mobility. We are anti-
bankruptcy. We want everybody to be able to go where they need to go
when they need to go there.
We can't afford these projects. The fact is the only way they can be
done is if the Federal Government pays for them. It would probably be
done no other way, which begs the question: If it is the only way they
can be done, are they really affordable? Of course, they are not. It is
how we ended up $33 trillion in debt, for things like this.
Again, we are not opposed to anybody, any State, any locality
investing in their community to do these things. The Federal Government
simply doesn't have the money to do it anymore.
The gentleman talks about the return on investment. Well, the return
on investment doesn't come to these projects because if it did, they
wouldn't be seeking all this money every single year.
Return on investment doesn't come to the taxpayers. We just keep
spending and spending and spending. Somebody in this place, somebody in
this body, somebody in this town has to pick somewhere to start saving
some money.
We don't have any problem with the rest of everything we do picking
the winners and losers, but there can never be any losers when it comes
to funding in this place except for the taxpayer.
They get to lose because no one cares about them. I am here to say I
care about them. We have got to stop this.
Mr. Chair, I urge adoption, and I yield back the balance of my time.
{time} 2015
Mr. QUIGLEY. Mr. Chairman, when President Eisenhower developed the
Interstate Highway System after coming back from Europe in the Second
World War, it wasn't brought to you by some corporate sponsor.
It is a recognition that there are things that government does that
have value. It accomplishes things the private sector can't or won't
do, and that doesn't mean they shouldn't get done. It is the whole
purpose of government.
We recognize it at this time when we are trying to be economically
competitive with the rest of the world that our economic competitors
are outspending us on the critical ingredient leading to economic
growth, which is, in large part, infrastructure. That is why the
trucking industry, the rail industry, and so many others were pushing
so hard to get that infrastructure bill done. It is why we have to do
that to keep growing the economy, which drives jobs and, indeed, tax
growth so we can pay for these things.
If we don't, and the roads and our transit systems become pothole-
filled or inoperable, the economy will come to a standstill, as well.
Mr. Chair, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Pennsylvania (Mr. Perry).
The amendment was rejected.
Amendment No. 24 Offered by Mr. Ogles
The Acting CHAIR. It is now in order to consider amendment No. 24
printed in part B of House Report 118-261.
Mr. OGLES. Mr. Chair, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 61, line 6, after the dollar amount, insert
``(increased by $1,000,000)(reduced by $1,000,000)''.
The Acting CHAIR. Pursuant to House Resolution 838, the gentleman
from Tennessee (Mr. Ogles) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Tennessee.
Mr. OGLES. Mr. Chairman, my amendment increases and decreases to
emphasize the importance of restoring public safety and the rule of law
on the D.C. Metro.
While it primarily is focusing on crime on the Metro, I would be
remiss if I failed to mention that law and order in our Nation's
Capital has completely collapsed.
Based on preliminary data from the Metropolitan Police Department,
crime has increased 27 percent overall this year. More concerning,
violent crime has increased by 40 percent. Compared to this time last
year, the homicide rate is up 33 percent; robbery is up 69 percent; and
motor vehicle theft is up by 101 percent.
A month ago, one of our esteemed colleagues was carjacked, a fate
that befalls too many people in the D.C. metro area. The fact that
criminals are so brazen as to steal the car of a Member of Congress
shows how far the situation has deteriorated.
This sharp increase in the crime rate is directly attributable to the
failed home rule policy that has empowered a leftist government to
pursue its ideological agenda at the expense of the general welfare.
Let me say it one more time: D.C. home rule is a complete and total
failure.
Mr. Chairman, all too often, criminals in this city receive a slap on
the wrist. There are few places where crime is more noticeable than the
D.C. metro area. From October 2022 to October 2023, crime has almost
tripled.
We should be ashamed. We have residents, colleagues, children, and
tourists taking our Metro while visiting our city, and it is not safe.
Safety is something that we should be able to guarantee on a federally
funded transit system.
From a 2-year period, 2020 to 2022, there were a total of six
homicides on the Metro. This year, there have already been seven.
Mr. Chairman, earlier this year, I introduced the Seat of Government
Act, which would repeal the District of Columbia's home rule and
restore control of D.C. to the Federal Government, where it belongs.
Mr. Chair, I ask for the adoption of this amendment, and I yield back
the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Tennessee (Mr. Ogles).
The amendment was agreed to.
Amendment No. 25 Offered by Mr. Perry
The Acting CHAIR. It is now in order to consider amendment No. 25
printed in part B of House Report 118-261.
Mr. PERRY. Mr. Chair, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 61, line 6, after the dollar amount, insert ``(reduced
by $150,000,000)''.
Page 203, line 2, after the dollar amount, insert
``(increased by $150,000,000)''.
The Acting CHAIR. Pursuant to House Resolution 838, the gentleman
[[Page H5459]]
from Pennsylvania (Mr. Perry) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Pennsylvania.
Mr. PERRY. Mr. Chairman, this amendment strikes $150 million in
grants from the Washington Metropolitan Area Transit Authority, known
as WMATA.
This area that we are operating in, that we are speaking about, is
full of highly educated professionals, many of whom work for the
government or government contractors and associated jobs. Some of the
surrounding counties in Maryland and Virginia have some of the highest
median incomes per county in the country. It is pretty affluent around
here.
Like many transit agencies, even before the pandemic, WMATA had an
unsustainable budget outlook and operation, getting 53 percent of its
budget through State and local subsidies--not through fares of all the
well-to-do folks around the area riding, but through subsidies.
If you were to run a business where you only made 47 percent of your
budget in revenues, you would be out of business pretty darn quick.
During the pandemic, most Federal agencies sent their workers home.
Even so, WMATA received over $2 billion from pandemic-era legislation
to keep it afloat. Nobody was riding because everybody was sent home,
but this place sent them $2 billion to keep paying the bills when
nobody was riding--only in Washington, D.C. Unfortunately, only in
America.
We are now post-shutdown, and Federal workers are still not going to
the office. A recent GAO report showed that 17 of the 24 Federal
agencies surveyed used an average of 25 percent or less of their
headquarters building capacity right here in Washington, D.C. That is
75 percent of the space in these headquarters buildings around here
that taxpayers are paying for with no benefit because 75 percent of it
is empty. Not only are they paying for a building nobody is in, but
they are paying for a transit system that is taking no one to work in
these places.
WMATA said that in May of this year, rail ridership reached only 50
percent of pre-pandemic levels on weekends and 89 percent on weekends.
Mr. Chairman, 50 percent of pre-pandemic is half. It just now reached
half of pre-pandemic levels in May of this year.
After Federal COVID relief for WMATA is exhausted, the Metro's budget
deficit will be $750 million in fiscal year 2025 and $830 million in
fiscal year 2026.
When is it going to end? When?
WMATA's leadership says that the deficit results from inflation,
collective bargaining agreements, and, importantly, $288 million from
decreased ridership.
Well, I can't do anything about those things, but I can try to do
something about the exorbitant amount of money we are losing, that the
taxpayers are sending into this black hole and getting nothing for it.
Mr. Chair, I reserve the balance of my time.
Mr. QUIGLEY. Mr. Chair, I claim the time in opposition.
The Acting CHAIR. The gentleman from Illinois is recognized for 5
minutes.
Mr. QUIGLEY. Mr. Chair, I yield 1\1/2\ minutes to the gentlewoman
from the District of Columbia (Ms. Norton).
Ms. NORTON. Mr. Chair, I strongly oppose this amendment. This
amendment would eliminate $150 million in Passenger Rail Investment and
Improvement Act funding for the Washington Metropolitan Area Transit
Authority.
This funding, which Congress has provided annually since 2008,
supports much-needed high-priority capital and preventive maintenance
projects, including rehabilitating crumbling rail station platforms,
supporting first responder safety, repairing elevators and escalators,
mitigating tunnel water leaks, and replacing aging and obsolete
equipment on railcars.
Hundreds of thousands of national capital region residents, visitors,
and Federal Government employees rely on the Metro daily. Without this
funding, there could be reductions in rail service and increased risk
to the safety of riders, as well as increased road traffic emissions.
Mr. Chair, I urge my colleagues to oppose this reckless amendment.
Mr. PERRY. Mr. Chairman, reckless? We just heard from the gentleman
right before me about how dangerous it is to ride in the National
Capital's transit system. People come here and it is dangerous to ride
on the transit system of their Capital. That is reckless.
This transit system is expecting to get this $150 million in grants,
and they are still going to lose $750 million in 2025 and $830 million
in 2026. They are still going to lose that even with the $150 million
because they have no interest in trying to make this solvent.
Why should they? They keep on getting bailed out by the good people
from around the country who can't even go to their Nation's Capital and
be sure that they won't be beaten up, robbed, or worse on the transit
system. It is unacceptable. There ought to be some accountability.
There ought to be any accountability.
Mr. Chairman, I reserve the balance of my time.
Mr. QUIGLEY. Mr. Chairman, I note that Mr. Connolly of Virginia plans
to submit a statement to the Record opposing this amendment.
Mr. Chairman, I yield 1 minute to the gentlewoman from Virginia (Ms.
Spanberger).
Ms. SPANBERGER. Mr. Chairman, I rise in opposition to this amendment.
Tonight, I am speaking on behalf of thousands of Virginians who rely
every single day on the Metro. They take it to work. They take it to
school. They take it to see their families.
This cut would hurt their commutes. This cut would eliminate funding
for urgent capital projects, meaning it would impact the safety and
reliability of the system. This cut would be a slight to the Federal
workers, including those who work right here on Capitol Hill and those
who rely on the Metro to get to their jobs so that they can keep our
government functioning, our country safe, and our economy running.
Historically, support for Metro's capital funding has not been
hyperpartisan, and we should not change course right now. That is why I
am proud to stand with members of the Maryland and Virginia delegations
and my colleagues from the District of Columbia in pushing back against
this senseless proposal.
Mr. Chair, I urge my colleagues to oppose this amendment.
Mr. PERRY. Mr. Chairman, this shouldn't be hyperpartisan. My friends
on the other side of the aisle, I am sure they like taking the train. I
am sure their constituents and their bosses do, as well. Having other
people pay for it is an awesome circumstance. Everybody would want
that.
We all like things for free, but things aren't free. We have to pay
for things in this country, and we are out of money, Mr. Chairman.
It shouldn't be hyperpartisan, and it is not hyperpartisan. Those in
this room would have you believe that, but there are people on both
sides of the aisle who know that this thing is inefficient, wasteful,
dangerous, and, yes, indeed, reckless.
Mr. Chairman, I urge adoption of this amendment, and I yield back the
balance of my time.
{time} 2030
Mr. QUIGLEY. Mr. Chair, I yield 2 minutes to the gentleman from
Maryland (Mr. Ivey).
Mr. IVEY. Mr. Chair, I rise in strong opposition to the Perry
amendment. This amendment would cut $150 million in Federal capital
funding for the Washington Metropolitan Area Transit Authority.
The Perry amendment would undermine a successful Federal-State-local
partnership which provides Metro with $150 million in Federal funding
for urgent capital projects. This funding is matched 100 percent with
$150 million from Metro compact members, Virginia, Maryland, and
Washington, D.C. The $300 million annual investment is critical to
improving the safety and reliability of the system.
Continued bipartisan support for America's transit agency will ensure
WMATA progress on restoring aging infrastructure and maintaining a safe
and reliable system for visitors from across the United States.
This annual capital funding program was created by Republican
Congressman Tom Davis as part of the Passenger Rail Investment and
Improvement Act. This program has received
[[Page H5460]]
broad bipartisan support for more than a decade, and the bipartisan
Infrastructure Investment and Jobs Act reauthorized the program until
2030.
Funding for the Federal Government's FY 2024 contribution to Metro is
included in this bill on the House floor this week and was in the T-HUD
bill that recently passed the Senate by a vote of 82-15.
The funding enjoys such consistent and longstanding support in
Congress because the Federal Government is both a stakeholder in the
system and a chief beneficiary of this annual capital funding
contribution.
Metro is a $40 billion asset to the national capital region and is
essential to the operation of the Federal Government. More than one-
third of all Metro stations are located on Federal property serving
Federal facilities.
Unlike other transportation networks in the Nation, the Metro system
serves a distinct vital national security role for the Federal
Government, providing transportation to the Pentagon, Homeland
Security, and the FBI offices. Metro transports thousands of Federal
employees to work each day, and that number is increasing as Metro
helps Federal agencies increase in-person work.
Metro recently saw its highest rate of Federal employee ridership
since the beginning of the COVID-19 pandemic.
The Acting CHAIR. The time of the gentleman from Illinois has
expired.
Mr. QUIGLEY. Mr. Chair, I rise as the designee of the gentlewoman
from Connecticut (Ms. DeLauro), and I move to strike the last word.
The Acting CHAIR. The gentleman from Illinois is recognized for 5
minutes.
Mr. QUIGLEY. Mr. Chair, I yield to the gentleman from Maryland (Mr.
Hoyer), the distinguished ranking member of the Financial Services and
General Government Subcommittee.
Mr. HOYER. Mr. Chair, I thank the gentleman for yielding.
This is America's subway. This is America's Metro. Millions of people
from throughout this country come here and enjoy Metro's convenience
while seeing the Federal Government, seeing their National Capital, and
visiting all of us. That is why this is important to Congress, because
it is America's subway. That is why, very frankly, Bill Lehman, many
years ago, referred to it as America's subway and why the Federal
Government would invest in its operations.
I rise in strong opposition to this amendment. Obviously, a lot of
people from my district ride Metro and come to work for the Federal
Government, and thousands of Federal employees rely on it to get to
their work serving the American people.
Metro is especially crucial now when many of the Federal workers are
returning to the office after the pandemic, which I heard in the Rules
Committee we want them to do. I agree with that. Indeed, in just the
last 2 months, Federal employee ridership has reached its highest point
since the pandemic began.
This is not just a local subway. This is the subway that all of our
constituents use when they come to our city, the city of our Nation.
We depend on Metro and Metro depends on us. That is why Congress
pledged to invest $150 million in Metro capital improvements through
the Bipartisan Infrastructure Law and why over the years we have
invested in Metro's operations and well-being.
We need to honor that historic commitment. This amendment would break
that promise. This money is--I am sure one of my colleagues or maybe
all of my colleagues have told--matched many times over, as you would
expect, by the local governments, all the local governments, and
Washington D.C., as I am sure its Representative, who does such an
extraordinary job, Eleanor Holmes Norton, pointed out.
I understand the author of this amendment wants to cut spending in
many, many places. This is one that he has chosen, but I think it is a
bad choice. I think that every Republican and every Democrat who
invites his constituents or her constituents to come to Washington, who
invites their employees to be here on time and for many hours of the
day and night, to consider strongly opposing this amendment with an
overwhelming vote, a bipartisan vote, because Metro has been a
bipartisan effort.
I have worked on Metro since I came here with Frank Wolf. Frank Wolf
was a Republican from Virginia. We were essentially joined at the hip
in fighting for Metro, not as a Republican Metro or Democratic Metro,
but for the Nation's Metro.
Reject this amendment. Keep our word and our investment in the subway
that serves all of our citizens.
Mr. QUIGLEY. Mr. Chair, I yield back the balance of my time.
Mr. PERRY. Mr. Chair, I yield back the balance of my time.
Mr. CONNOLLY. Mr. Chair, I rise today to oppose Perry amendment No.
25, which would zero out the federal government's annual dedicated
funding contribution to the Washington Metropolitan Area Transit
Authority (WMATA), or the DC Metro as it is known.
This amendment would eliminate a successful federal-state-local
partnership which provides Metro with $150 million in federal funding
for urgent capital projects.
This funding is matched 100 percent with $150 million from Metro
Compact members Virginia, Maryland, and Washington, D.C.
This annual capital funding program was created by Republican
Representative Tom Davis.
It was reauthorized in the bipartisan Infrastructure Investment and
Jobs Act, through my legislation the Metro Accountability and
Investment Act.
And the funding was included in both the House and Senate T-HUD bills
for FY2023.
The funding enjoys such consistent and longstanding support in
Congress because the federal government is both a stakeholder in the
system and a chief beneficiary of this annual capital funding
contribution.
The federal government receives two seats on the Metro Board of
Directors. Despite making no contributions to Metro's operating budget,
the federal government is entitled to make decisions about the service,
safety, and budget of Metro.
Metro transports thousands of federal employees to work each day, and
that number is increasing as Metro helps federal agencies increase in-
person work.
Simply put, the federal government cannot function without Metro.
Please join me in opposing this self-defeating amendment.
Vote no on Perry Amendment No. 25.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Pennsylvania (Mr. Perry).
The question was taken; and the Acting Chair announced that the noes
appeared to have it.
Mr. PERRY. Mr. Chair, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Pennsylvania
will be postponed.
Amendment No. 29 Offered by Mr. Grothman
The Acting CHAIR. It is now in order to consider amendment No. 29
printed in part B of House Report 118-261.
Mr. GROTHMAN. Mr. Chair, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 81, line 9, after the dollar amount, insert
``(reduced by $1,000,000) (increased by $1,000,000)''.
The Acting CHAIR. Pursuant to House Resolution 838, the gentleman
from Wisconsin (Mr. Grothman) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Wisconsin.
Mr. GROTHMAN. Mr. Chair, this amendment would increase and decrease
the Office of the Chief Human Capital Officer at the Department of
Housing and Urban Development to express concern regarding the
inherently divisive nature of the Diversity Council and the associated
race, ethnicity, gender, and sexual orientation-based Affinity or
Employee Resource Groups.
Right now, HUD has several different employee affinity groups for
different racial, ethnic, gender, or sexual orientations. These groups
include Blacks in Government, for African American HUD employees; HUD
AANHPI for Asian American, Native Hawaiian, Pacific Islander; and HUD
FedQ for LGBT employees.
The so-called Diversity Council is reflective of this
administration's drive
[[Page H5461]]
to divide America. In other words, we should go to work every day, and
Hispanic employees should be in one room and talk about what they have
in common and Black people should be in another room and talk about
what they have in common, and the gay people should be in another room
and talk about what they have in common. On the face of it, it is a
little bit ridiculous. It is divisive by its nature, as is so much of
the affirmative action mania that has taken over this country.
A growing volume of research demonstrates that professional
development programs and other trainings in DEI are abject failures.
There was a piece in The New York Times, by author Jesse Singal, that
compared different DEI interventions and noted: ``Racial affinity
groups, a popular intervention in which participants are temporarily
separated by race so they can talk about race, have perhaps proved even
more problematic. They've sparked complaints, in places like
Jacksonville, Florida, where a principal was temporarily reassigned
after she attempted to separate White students from students of color.
. . .''
In any event, the purpose of the groups is to tell people: Because
your great-grandfather or grandfather came from Cuba, we are going to
put you with these other people and you are supposed to share something
in common with these people. In other words, people are labeled as
being different by their race or by their gender, which on the face of
it is such a racist and sexist thing to do.
I am not sure we should have a HUD, but if we are going to have a
HUD, it should focus on its goals of providing housing or making sure
we have affordable housing for the country, not setting aside groups of
people who come from wildly different backgrounds and telling them
because you are a Pacific Islander, or you are Hispanic, or you are
Black you should think in a certain way.
I talked to an employee who has to put up with one of these groups in
private at a business. That is exactly what they are. They have some
expert diversity person telling people that because you are Black, you
should think such and such a way, or because your grandfather is from
Cuba, you should think such and such a way, or because your grandmother
is from Korea, you should think in such and such a way. It is just
anti-American across the board.
Mr. Chair, I reserve the balance of my time.
Mr. QUIGLEY. Mr. Chair, I claim the time in opposition to the
amendment.
The Acting CHAIR. The gentleman from Illinois is recognized for 5
minutes.
Mr. QUIGLEY. Mr. Chair, can I just point out the absurdity of where
we are right now? Let's have two White guys talk about racial equality
and equity, but here goes.
Instead of focusing on investing in affordable housing and the safe,
efficient transportation infrastructure that powers our economy, we are
discussing several harmful anti-equality amendments that have no place
in this bill and are frankly a distraction.
The Diversity Council and related groups that my colleague objects to
include several affinity employee resource groups that provide
opportunities, resources, advocacy for fairness, and peer support for
HUD employees that are part of historically marginalized and
underrepresented groups such as people with disabilities, women, and
veterans.
We may not like the fact that those inequalities still exist, but
they do. It does no one any good to hear no evil, see no evil, and
speak no evil. The existence of these groups is not divisive. Instead,
it promotes inclusion.
I don't know why some of my Republican colleagues are so afraid of
the word ``equity'' or why they would stand in the way of efforts to
ensure that the needs of disabled, women, and veteran employees are met
so they are all treated equally and fairly.
It is and always will be a movement toward a more perfect union.
There was never anything in the Constitution or the Declaration of
Independence, or anything else you can go down the street and read in
another building, that tells us that we will ever have this
accomplished. Instead, it is easier to say it is divisive, it is not
necessary, it denies truth, or it denies history. That in itself is
destructive.
This amendment is unnecessary. It is divisive, offensive, and a deep
distraction. I urge my colleagues to vote ``no.''
Mr. Chair, I yield back the balance of my time.
Mr. GROTHMAN. Mr. Chair, I would comment that I think the gentleman
has kind of a bizarre view of the world and I don't think is accurately
analyzing what America is today.
E pluribus unum, out of many, one, is the way we view America.
When they define members of these groups, if you are one-quarter
American Indian or one-quarter Hispanic or one-quarter Black, you are
considered part of a group. To think that these people all have
something in common because of where their grandparents were born,
maybe grandparents who have long since died, is a little bit offensive
on its face.
If you look at how different groups do in this country, by the way,
frequently the most economically successful group today are Asian
Americans from India, then from the Philippines. Cubans do better than
the average American.
Like I said, they are kind of bizarre. For the purpose of identifying
people or setting aside these groups, you are going to have people
classified by one grandparent, supposedly of color, even though nobody
under the sun even knows what their ancestry is, is divisive on its
face.
{time} 2045
I believe the only reason people keep pushing this garbage is they
want to divide America and they want to have people who are perfectly
happy Americans walk around and being told that because your
grandfather was Native American or because your grandfather was Korean,
you know----
The Acting CHAIR. The time of the gentleman has expired.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Wisconsin (Mr. Grothman).
The question was taken; and the Acting Chair announced that the ayes
appeared to have it.
Mr. QUIGLEY. Mr. Chair, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Wisconsin
will be postponed.
Amendment No. 30 Offered by Mr. Brecheen
The Acting CHAIR. It is now in order to consider amendment No. 30
printed in part B of House Report 118-261.
Mr. BRECHEEN. Mr. Chair, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 82, line 9, after the dollar amount, insert ``(reduced
by $25,181,000)''.
Page 82, line 21, after the dollar amount, insert
``(reduced by $25,181,000)''.
Page 203, line 2, after the dollar amount, insert
``(increased by $25,181,000)''.
The Acting CHAIR. Pursuant to House Resolution 838, the gentleman
from Oklahoma (Mr. Brecheen) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Oklahoma.
Mr. BRECHEEN. Mr. Chairman, my amendment would reduce spending by
bringing the Department of Housing and Urban Development's funding for
the fair housing activities back to the fiscal year 2019 levels, which
would be a cut of $19.7 million.
Cutting funding back to pre-COVID 19 levels across the board for
nondefense discretionary funding can right-size a discretionary budget
that has grown 30 percent larger since the pandemic. We must return
nondefense discretionary spending back to the 2019 spending levels if
we are ever to have hope on the discretionary side of getting our
fiscal house in order.
To accomplish that for this program--this is a modest cut of 0.022
percent of the total funding of this bill. I want to repeat that. It is
a 0.022 percent cut, that is a cut of one-fifth of 1 percent.
Allowing the data to speak for itself, according to HUD's own
statistics, there were 11,741 housing discrimination complaints filed
to the Department in 2022.
According to HUD, in fiscal year 2022, there were 15 cases of housing
discrimination that were referred to the Department of Justice, of
those cases, 14
[[Page H5462]]
were closed out by DOJ, meaning there was only one case out of over
11,000 that led to a charge of housing discrimination.
While many housing discrimination complaints are settled, most cases
are found to be without cause or closed entirely. According to the
Congressional Research Service, 3 to 5 percent of the complaints lead
to a formal charge, and between zero to 1 percent of complaints lead to
a referral to the Department of Justice.
Again, we need to get our fiscal house in order. We are rapidly
approaching $34 trillion in debt. It is costing families, through
devaluation of our dollar, $1,200 more per month to buy the exact same
goods and services as compared to when our current President took
office almost 3 years ago.
The effects of that, we all know, with interest rate changes are
causing housing problems for a multitude of people.
The debt to GDP ratio is at our highest level since World War II. Our
interest payments on the debt are about to cost more than defense
spending, and that is within months to years ahead in short order.
Autopilot, mandatory spending amounts to 70 percent of our government
spending. This number is expected to skyrocket to 90 percent within the
next 10 years. This out-of-control spending at some point has to come
to an end, either by choice or it will happen to us by force.
Mr. Chairman, I reiterate that this is incredibly small in terms of
cuts--0.022 percent, one-fifth of 1 percent to the underlying bill.
Let's return back to the 2019 fiscal year.
Mr. Chair, I yield back the balance of my time.
Mr. QUIGLEY. Mr. Chairman, I claim the time in opposition.
The Acting CHAIR. The gentleman from Illinois is recognized for 5
minutes.
Mr. QUIGLEY. Mr. Chairman, this amendment slashes funding for the HUD
office responsible for enforcement of fair housing law by 25 percent
below fiscal year 2023, undermining basic civil rights protections that
prohibit discrimination on the basis of race, color, religion, national
origin, sex, age, disability, and familial status.
This gutting of the office would result in the loss of an estimated
150 personnel who work to enforce the Fair Housing Act of 1968 and
other civil rights laws.
In addition to improper investigation of fair housing complaints, the
Office of Fair Housing and Equal Opportunity coordinates with the
Department of Justice, trains fair housing practitioners, enforces VAWA
protections, manages grants, conducts civil rights reviews of HUD
investments, and develops policies that proactively advance housing
equity.
Mr. Chair, I have seen firsthand in Chicago how, for example, LGBTQ
youth--who are over-represented in the homeless population--can face
discrimination when attempting to access homeless shelters.
HUD guidance has played a critical role in clarifying the
responsibilities of housing providers and assisting them in how to best
promote fair and equal access.
Again, weakened civil rights enforcement hurts our most vulnerable
constituents the most. In 2021, 54 percent of fair housing complaints
nationwide were cases of discrimination on the basis of disability.
Housing affordability is not the only crisis Americans face when
seeking stable housing. Discrimination is a real challenge for people
with disabilities, veterans, seniors, and Tribal communities, and other
vulnerable populations.
Instead of hollowing out meaningful implementation of civil rights
protections, we should be taking every possible action to ensure
Americans are not falling prey to loopholes and the lack of
enforcement.
Mr. Chairman, I urge my colleagues to vote ``no'' on this amendment,
and I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Oklahoma (Mr. Brecheen).
The question was taken; and the Acting Chair announced that the ayes
appeared to have it.
Mr. QUIGLEY. Mr. Chair, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Oklahoma
will be postponed.
Mr. COLE. Mr. Chairman, I move that the Committee do now rise.
The motion was agreed to.
Accordingly, the Committee rose; and the Speaker pro tempore (Mr.
Brecheen) having assumed the chair, Mr. Gimenez, Acting Chair of the
Committee of the Whole House on the state of the Union, reported that
that Committee, having had under consideration the bill (H.R. 4820)
making appropriations for the Departments of Transportation, and
Housing and Urban Development, and related agencies for the fiscal year
ending September 30, 2024, and for other purposes, had come to no
resolution thereon.
____________________