[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7616 Reported in House (RH)]
<DOC>
Union Calendar No. 363
116th CONGRESS
2d Session
H. R. 7616
[Report No. 116-452]
Making appropriations for the Departments of Transportation, and
Housing and Urban Development, and related agencies for the fiscal year
ending September 30, 2021, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 16, 2020
Mr. Price of North Carolina, from the Committee on Appropriations,
reported the following bill; which was committed to the Committee of
the Whole House on the State of the Union and ordered to be printed
_______________________________________________________________________
A BILL
Making appropriations for the Departments of Transportation, and
Housing and Urban Development, and related agencies for the fiscal year
ending September 30, 2021, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the following sums
are appropriated, out of any money in the Treasury not otherwise
appropriated, for the Departments of Transportation, and Housing and
Urban Development, and related agencies for the fiscal year ending
September 30, 2021, 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,
$126,174,000, of which not to exceed $3,360,000 shall be available for
the immediate Office of the Secretary; not to exceed $1,200,000 shall
be available for the immediate Office of the Deputy Secretary; not to
exceed $22,210,000 shall be available for the Office of the General
Counsel; not to exceed $11,797,000 shall be available for the Office of
the Under Secretary of Transportation for Policy; not to exceed
$16,394,000 shall be available for the Office of the Assistant
Secretary for Budget and Programs; not to exceed $3,010,000 shall be
available for the Office of the Assistant Secretary for Governmental
Affairs; not to exceed $32,239,000 shall be available for the Office of
the Assistant Secretary for Administration; not to exceed $2,610,000
shall be available for the Office of Public Affairs; not to exceed
$2,018,000 shall be available for the Office of the Executive
Secretariat; not to exceed $13,576,000 shall be available for the
Office of Intelligence, Security, and Emergency Response; and not to
exceed $17,760,000 shall be available for the Office of the Chief
Information Officer: Provided, That the Secretary of Transportation 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
$60,000 shall be for allocation within the Department for official
reception and representation expenses as the Secretary may determine:
Provided further, That notwithstanding any other provision of law,
there may be credited to this appropriation up to $2,500,000 in funds
received in user fees: Provided further, That none of the funds made
available by this Act shall be available for the position of Assistant
Secretary for Public Affairs.
research and technology
For necessary expenses related to the Office of the Assistant
Secretary for Research and Technology, $19,800,000, of which
$12,718,000 shall remain available until expended: Provided, That of
the amounts made available under this heading, $3,000,000, to remain
available until expended, shall be for the Highly Automated Systems
Safety Center of Excellence established by section 105 of title I of
division H of the Further Consolidated Appropriations Act, 2020 (Public
Law 116-94): Provided further, That there may be credited to this
appropriation, to be available until expended, funds received from
States, counties, municipalities, other public authorities, and private
sources for expenses incurred for training: Provided further, That any
reference in law, regulation, judicial proceedings, or elsewhere to the
Research and Innovative Technology Administration shall continue to be
deemed to be a reference to the Office of the Assistant Secretary for
Research and Technology of the Department of Transportation.
national infrastructure investments
(including transfer of funds)
For capital investments in surface transportation infrastructure,
$1,000,000,000, to remain available until September 30, 2026:
Provided, That the Secretary of Transportation shall distribute amounts
made available under this heading as discretionary grants to be awarded
to a State, local, or Tribal government, U.S. territory, transit
agency, port authority, metropolitan planning organization, political
subdivision of a State or local government, or a collaboration among
such entities on a competitive basis for projects that will have a
significant local or regional impact: Provided further, That projects
eligible for amounts made available under this heading shall include
highway or bridge projects eligible under title 23, United States Code;
public transportation projects eligible under chapter 53 of title 49,
United States Code; passenger and freight rail transportation projects;
port infrastructure investments (including inland port infrastructure
and land ports of entry); and projects investing in surface
transportation facilities that are located on Tribal land and for which
title or maintenance responsibility is vested in the Federal
Government: Provided further, That of the amounts made available under
this heading, the Secretary shall use an amount not less than
$20,000,000 for the planning, preparation, or design of projects
eligible for amounts made available under this heading, with an
emphasis on transit, transit oriented development, and multimodal
projects: Provided further, That of the amounts made available under
this heading, the Secretary shall use an amount not less than
$20,000,000 for the planning, preparation, or design of projects
eligible for amounts made available under this heading located in or to
directly benefit areas of persistent poverty: Provided further, That
the term ``areas of persistent poverty'' means any county that has
consistently had 20 percent or more of the population living in poverty
during the 30-year period preceding the date of enactment of this Act,
as measured by the 1990 and 2000 decennial census and the most recent
annual Small Area Income and Poverty Estimates as estimated by the
Bureau of the Census; any census tract with a poverty rate of at least
20 percent as measured by the 2014-2018 5-year data series available
from the American Community Survey of the Bureau of the Census; or any
territory or possession of the United States: Provided further, That
grants awarded under the preceding 3 provisos shall not be subject to a
minimum grant size: Provided further, That the Secretary may use up to
20 percent of the amounts made available under this heading for the
purpose of paying the subsidy and administrative costs of projects
eligible for Federal credit assistance under chapter 6 of title 23,
United States Code, or sections 501 through 504 of the Railroad
Revitalization and Regulatory Reform Act of 1976 (Public Law 94-210),
if the Secretary finds that such use of funds would advance the
purposes of this heading: Provided further, That in distributing
amounts made available under this heading, the Secretary shall take
such measures so as to ensure an equitable geographic distribution of
funds, an equitable distribution of funds between urban and rural
areas, and the investment in a variety of transportation modes,
including public transit, passenger rail, and pedestrian improvements:
Provided further, That a grant award under this heading shall be not
less than $5,000,000 and not greater than $25,000,000: Provided
further, That not more than 10 percent of the amounts made available
under this heading may be awarded to projects in a single State that
are not port infrastructure investments (including inland port
infrastructure and land ports of entry): Provided further, That the
Federal share of the costs for which an amount is provided under this
heading shall be, at the option of the recipient, up to 80 percent:
Provided further, That the Secretary shall give priority to projects
that require a contribution of Federal funds in order to complete an
overall financing package: Provided further, That an award under this
heading is an urban award if it is to a project located within or on
the boundary of an urbanized area, as designated by the Bureau of the
Census, that had a population greater than 250,000 in the 2010
decennial census: Provided further, That for the purpose of
determining if an award for planning, preparation, or design is an
urban award, the project location is the location of the project being
planned, prepared, or designed: Provided further, That each award
under this heading that is not an urban award is a rural award:
Provided further, That of the amounts awarded under this heading, 60
percent shall be awarded as urban awards and 40 percent shall be
awarded as rural awards: Provided further, That for rural awards, the
minimum grant size shall be $1,000,000 and the Secretary may increase
the Federal share of costs above 80 percent: Provided further, That
projects conducted using amounts made available under this heading
shall comply with the requirements of subchapter IV of chapter 31 of
title 40, United States Code: Provided further, That the Secretary
shall conduct a new competition to select the grants and credit
assistance awarded under this heading: Provided further, That the
Secretary may retain up to $25,000,000 of the amounts made available
under this heading, and may transfer portions of such amounts to the
Administrators of the Federal Highway Administration, the Federal
Transit Administration, the Federal Railroad Administration, and the
Maritime Administration to fund the award and oversight of grants and
credit assistance made under the national infrastructure investments
program: Provided further, That the Secretary shall consider and award
projects based solely on the selection criteria from the fiscal year
2017 Notice of Funding Opportunity: Provided further, That,
notwithstanding the preceding proviso, the Secretary shall not use the
Federal share or an applicant's ability to generate non-Federal revenue
as a selection criteria in awarding projects: Provided further, That
the Secretary shall issue the Notice of Funding Opportunity not later
than 60 days after the date of enactment of this Act: Provided
further, That such Notice of Funding Opportunity shall require
application submissions 90 days after the publishing of such Notice:
Provided further, That of the applications submitted under the
preceding 2 provisos, the Secretary shall make grants not later than
270 days after the date of enactment of this Act in such amounts that
the Secretary determines.
national surface transportation and innovative finance bureau
For necessary expenses of the National Surface Transportation and
Innovative Finance Bureau as authorized by section 116 of title 49,
United States Code, $15,500,000, to remain available until expended:
Provided, That of the amounts made available under this heading,
$10,000,000 shall be for planning grants to assist areas of persistent
poverty: Provided further, That the term ``areas of persistent
poverty'' means any county that has consistently had 20 percent or more
of the population living in poverty during the 30-year period preceding
the date of enactment of this Act, as measured by the 1990 and 2000
decennial census and the most recent annual Small Area Income and
Poverty Estimates as estimated by the Bureau of the Census; any census
tract with a poverty rate of at least 20 percent as measured by the
2014-2018 5-year data series available from the American Community
Survey of the Bureau of the Census; or any territory or possession of
the United States: Provided further, That planning grants under this
heading shall be in the form of competitive grants to eligible entities
to support pre-construction activities including planning, engineering,
design, environmental analysis, feasibility studies, and finance plans
for eligible projects: Provided further, That eligible entities for
planning grants under this heading shall include a State, local, or
Tribal government, a U.S. territory, a transit agency, a port authority
or commission, a metropolitan planning organization, other political
subdivisions of a State or a local government, or a collaboration among
such entities: Provided further, That eligible projects for planning
grants under this heading shall include highway, bridge, and bicycle
and pedestrian projects eligible under title 23, United States Code;
public transportation projects eligible under chapter 53 of title 49,
United States Code; passenger and freight rail transportation projects;
port infrastructure improvement projects; airport improvement projects;
and intermodal projects that are located in or to directly benefit
areas of persistent poverty: Provided further, That the Secretary of
Transportation shall conduct outreach to eligible entities for planning
grants under this heading through personal contact, webinars, web
materials, or other appropriate methods determined by the Secretary, to
ensure such eligible entities are aware of the availability of planning
grants under this heading and are able to apply for such grants:
Provided further, That the Federal share of the costs for planning
grants under this heading shall be, at the option of the eligible
entity, not less than 90 percent of the net total project cost:
Provided further, That the Secretary shall not use the requested amount
of the Federal share or an eligible entities' ability to generate non-
Federal revenue as a selection criteria in awarding planning grants
under this heading: Provided further, That a planning grant funded
under this heading shall be not less than $100,000 and not greater than
$500,000: Provided further, That for planning grants under this heading
priority consideration shall be, without regard to rural or urban areas
of persistent poverty, based on project justification and demonstrated
need: Provided further, That for planning grants under this heading the
Secretary shall consider factors such as improving safety and state of
good repair, reducing congestion and vehicle emissions, and increasing
connectivity and quality of life when considering demonstrated need:
Provided further, That the Secretary may withhold up to 1 percent of
the amounts made available for planning grants under this heading for
the costs of award and grant administration.
railroad rehabilitation and improvement financing program
For the cost of modifications, as defined by section 502 of the
Federal Credit Reform Act of 1990, of direct loans issued pursuant to
sections 501 through 504 of the Railroad Revitalization and Regulatory
Reform Act of 1976 (Public Law 94-210), and included in cohort 3, as
defined by the Department of Transportation's memorandum to the Office
of Management and Budget dated November 5, 2018, $70,000,000, to remain
available until expended: Provided, That, for a direct loan included
in such cohort 3 that has satisfied all obligations attached to such
loan, the Secretary shall repay the credit risk premiums of such loan,
with interest accrued thereon, not later than 60 days after the
enactment of this Act or, for a direct loan included in such cohort 3
with obligations that have not yet been satisfied, not later than 60
days after the date on which all obligations attached to such loan have
been satisfied: Provided further, That the Secretary of Transportation
is authorized to issue direct loans and loan guarantees pursuant to
sections 501 through 504 of the Railroad Revitalization and Regulatory
Reform Act of 1976 (Public Law 94-210), and such authority shall exist
so 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 reengineering business
processes, $2,000,000, to remain available until September 30, 2022.
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, $19,300,000, to remain
available until September 30, 2022.
office of civil rights
For necessary expenses of the Office of Civil Rights, $9,600,000.
transportation planning, research, and development
(including transfer of funds)
For necessary expenses for conducting transportation planning,
research, systems development, development activities, and making
grants, $10,879,000, to remain available until expended: Provided,
That of such amount, $1,000,000 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 $372,016,000, 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 (DOT): Provided
further, That the limitation in the preceding proviso on operating
expenses shall not apply to non-DOT entities: 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, $4,714,000, to remain available
until September 30, 2022: 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, $162,000,000, 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 none of the funds made
available in this Act or any other Act shall be used to enter into a
new contract with a community located less than 40 miles from the
nearest small hub airport before the Secretary has negotiated with the
community over a local cost share: 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.
administrative provisions--office of the secretary of transportation
(including rescissions)
Sec. 101. None of the funds made available by this Act to the
Department of Transportation may be obligated for the Office of the
Secretary of Transportation to approve assessments or reimbursable
agreements pertaining to funds appropriated to the operating
administrations in this Act, except for activities underway on the date
of enactment of this Act, unless such assessments or agreements have
completed the normal reprogramming process for congressional
notification.
Sec. 102. The Secretary shall post on the Web site of the
Department of Transportation a schedule of all meetings of the Council
on Credit and Finance, including the agenda for each meeting, and
require the Council on Credit and Finance to record the decisions and
actions of each meeting.
Sec. 103. In addition to authority provided by section 327 of
title 49, United States Code, the Department's Working Capital Fund is
authorized to provide partial or full payments in advance and accept
subsequent reimbursements from all Federal agencies from available
funds for transit benefit distribution services that are necessary to
carry out the Federal transit pass transportation fringe benefit
program under Executive Order No. 13150 and section 3049 of SAFETEA-LU
(5 U.S.C. 7905 note): Provided, That the Department shall maintain a
reasonable operating reserve in the Working Capital Fund, to be
expended in advance to provide uninterrupted transit benefits to
Government employees: Provided further, That such reserve shall not
exceed 1 month of benefits payable and may be used only for the purpose
of providing for the continuation of transit benefits: Provided
further, That the Working Capital Fund shall be fully reimbursed by
each customer agency from available funds for the actual cost of the
transit benefit.
Sec. 104. Notwithstanding section 3324 of title 31, United States
Code, in addition to authority provided by section 327 of title 49,
United States Code, the Department's Working Capital Fund is authorized
to provide payments in advance to vendors that are necessary to carry
out the Federal transit pass transportation fringe benefit program
under Executive Order 13150 and section 3049 of SAFETEA-LU (5 U.S.C.
7905 note): Provided, That the Department shall include adequate
safeguards in the contract with the vendors to ensure timely and high-
quality performance under the contract.
Sec. 105. Receipts collected in the Department's Working Capital
Fund, as authorized by section 327 of title 49, United States Code, for
unused van pool benefits, in an amount not to exceed 10 percent of
fiscal year 2021 collections, shall be available until expended in the
Department's Working Capital Fund to provide contractual services in
support of section 190 of this Act: Provided, That obligations in
fiscal year 2021 of such collections shall not exceed $1,000,000.
Sec. 106. (a) The remaining unobligated balances, as of September
30, 2020, from amounts made available for the ``Department of
Transportation--Office of the Secretary--National Infrastructure
Investments'' in division K of the Consolidated Appropriations Act,
2017 (Public Law 115-31) are hereby permanently rescinded, and an
amount of additional new budget authority equivalent to the amount
rescinded is hereby appropriated on September 30, 2020, to remain
available until September 30, 2021, and shall be available, without
additional competition, for completing the funding of awards made
pursuant to the fiscal year 2017 national infrastructure investments
program.
(b) The remaining unobligated balances, as of September 30, 2020,
from amounts made available for the ``Department of Transportation--
Office of the Secretary--National Infrastructure Investments'' in
division L of the Consolidated Appropriations Act, 2018 (Public Law
115-141) are hereby permanently rescinded, and an amount of additional
new budget authority equivalent to the amount rescinded is hereby
appropriated on September 30, 2020, to remain available until September
30, 2022, and shall be available, without additional competition, for
completing the funding of awards made pursuant to the fiscal year 2018
national infrastructure investments program.
(c) The remaining unobligated balances, as of September 30, 2021,
from amounts made available for the ``Department of Transportation--
Office of the Secretary--National Infrastructure Investments'' in
division G of the Consolidated Appropriations Act, 2019 (Public Law
116-6) are hereby permanently rescinded, and an amount of additional
new budget authority equivalent to the amount rescinded is hereby
appropriated on September 30, 2021, to remain available until September
30, 2023, and shall be available, without additional competition, for
completing the funding of awards made pursuant to the fiscal year 2019
national infrastructure investments program.
(d) The remaining unobligated balances, as of September 30, 2022,
from amounts made available for the ``Department of Transportation--
Office of the Secretary--National Infrastructure Investments'' in
division H of the Further Consolidated Appropriations Act, 2020 (Public
Law 116-94) are hereby permanently rescinded, and an amount of
additional new budget authority equivalent to the amount rescinded is
hereby appropriated on September 30, 2022, to remain available until
September 30, 2025, and shall be available, without additional
competition, for completing the funding of awards made pursuant to the
fiscal year 2020 national infrastructure investments program.
Federal Aviation Administration
operations
For necessary expenses of the Federal Aviation Administration, not
otherwise provided for, including operations and research activities
related to commercial space transportation, administrative expenses for
research and development, establishment of air navigation facilities,
the operation (including leasing) and maintenance of aircraft,
subsidizing the cost of aeronautical charts and maps sold to the
public, the lease or purchase of passenger motor vehicles for
replacement only, $11,051,500,000, to remain available until September
30, 2022, to be derived from the general fund: Provided, That of the
amounts made available under this heading--
(1) not less than $1,500,000,000 shall be available for
aviation safety activities;
(2) not to exceed $8,231,000,000 shall be available for air
traffic organization activities;
(3) not to exceed $27,555,000 shall be available for
commercial space transportation activities;
(4) not to exceed $836,000,000 shall be available for
finance and management activities;
(5) not to exceed $62,862,000 shall be available for
NextGen and operations planning activities;
(6) not to exceed $129,000,000 shall be available for
security and hazardous materials safety; and
(7) not to exceed $265,083,000 shall be available for staff
offices, of which $7,500,000 is for the Minority Serving
Institutions internship program:
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 in 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 $172,800,000
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
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 general fund, $3,045,000,000, of
which $550,000,000 shall remain available until September 30, 2022, and
$2,495,000,000 shall remain available until September 30, 2023:
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 Congress an investment plan for the Federal Aviation
Administration which includes funding for each budget line item for
fiscal years 2022 through 2026, 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.
research, engineering, and development
For necessary expenses, not otherwise provided for, for research,
engineering, and development, as authorized under part A of subtitle
VII of title 49, United States Code, including construction of
experimental facilities and acquisition of necessary sites by lease or
grant, $192,665,000, to be derived from the general fund and to remain
available until September 30, 2023: Provided, That there may be
credited to this appropriation as offsetting collections, funds
received from States, counties, municipalities, other public
authorities, and private sources, which shall be available for expenses
incurred for research, engineering, and development: Provided further,
That amounts made available under this heading shall be used in
accordance with the report accompanying this Act: Provided further,
That not to exceed 10 percent of any funding level specified under this
heading in the report accompanying this Act may be transferred to any
other funding level specified under this heading in the report
accompanying this Act: Provided further, That no transfer may increase
or decrease any funding level by more than 10 percent: Provided
further, That any transfer in excess of 10 percent shall be treated as
a reprogramming of funds under section 405 of this Act and shall not be
available for obligation or expenditure except in compliance with the
procedures set forth in that section.
grants-in-aid for airports
(liquidation of contract authorization)
(limitation on obligations)
(airport and airway trust fund)
(including transfer of funds)
For liquidation of obligations incurred for grants-in-aid for
airport planning and development, and noise compatibility planning and
programs as authorized under subchapter I of chapter 471 and subchapter
I of chapter 475 of title 49, United States Code, and under other law
authorizing such obligations; for procurement, installation, and
commissioning of runway incursion prevention devices and systems at
airports of such title; for grants authorized under section 41743 of
title 49, United States Code; and for inspection activities and
administration of airport safety programs, including those related to
airport operating certificates under section 44706 of title 49, United
States Code, $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 2021, notwithstanding section
47117(g) of title 49, United States Code: Provided further, That none
of the amounts made available under this heading shall be available for
the replacement of baggage conveyor systems, reconfiguration of
terminal baggage areas, or other airport improvements that are
necessary to install bulk explosive detection systems: Provided
further, That notwithstanding section 47109(a) of title 49, United
States Code, the Government's share of allowable project costs under
paragraph (2) of such section for subgrants or paragraph (3) of such
section shall be 95 percent for a project at other than a large or
medium hub airport that is a successive phase of a multi-phased
construction project for which the project sponsor received a grant in
fiscal year 2011 for the construction project: Provided further, That
notwithstanding any other provision of law, of amounts limited under
this heading, not more than $119,402,000 shall be available for
administration, not less than $15,000,000 shall be available for the
Airport Cooperative Research Program, not less than $40,666,000 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, $500,000,000, to remain available
through September 30, 2023: Provided, That amounts made available
under this heading shall be derived from the general fund, and such
amounts 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 Secretary
shall distribute amounts made available under this heading as
discretionary grants to airports: Provided further, That the amounts
made available under this heading shall not be subject to any
limitation on obligations for the Grants-in-Aid for Airports program
set forth in any Act: Provided further, That the Administrator of the
Federal Aviation Administration may retain up to 0.5 percent of the
amounts made available under this heading to fund the award and
oversight by the Administrator of grants described under this heading.
administrative provisions--federal aviation administration
Sec. 110. None of the funds made available by this Act may be used
to compensate in excess of 600 technical staff-years under the
federally funded research and development center contract between the
Federal Aviation Administration and the Center for Advanced Aviation
Systems Development during fiscal year 2021.
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 subsection 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. None of the funds made available by this Act may be
obligated or expended for retention bonuses for an employee of the
Federal Aviation Administration without the prior written approval of
the Assistant Secretary for Administration of the Department of
Transportation.
Sec. 117. Notwithstanding any other provision of law, none of the
funds made available by 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 from any
display of the Federal Aviation Administration's Aircraft Situational
Display to Industry data that is made available to the public, except
data made available to a Government agency, for the noncommercial
flights of that owner or operator.
Sec. 118. None of the funds made available by this Act shall be
available for salaries and expenses of more than 9 political and
Presidential appointees in the Federal Aviation Administration.
Sec. 119. 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 13642.
Sec. 119A. 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. 119B. 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. 119C. 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. 119D. 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.
Federal Highway Administration
limitation on administrative expenses
(highway trust fund)
(including transfer of funds)
Not to exceed $478,897,049, 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 up to $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 Federal-aid
highway and highway safety construction programs authorized under
titles 23 and 49, United States Code, and the provisions of the Fixing
America's Surface Transportation Act (Public Law 114-94), or any
successor surface transportation reauthorization Act authorizing
appropriations for fiscal year 2021, shall not exceed total obligations
of $61,130,000,000 for fiscal year 2021: 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 fees are
in addition to administrative expenses that are also available for such
purpose, and are not subject to any obligation limitation or the
limitation on administrative expenses under section 608 of title 23,
United States Code: Provided further, That for amounts subject to the
obligation limitation under this heading during fiscal year 2021, the
Federal share of activities undertaken pursuant to chapters 1 or 2 of
title 23, United States Code shall be, at the option of the State,
District of Columbia, territory, Puerto Rico, or Indian Tribe, as
applicable, up to 100 percent: Provided further, That the preceding
proviso does not apply to programs authorized under sections 115 and
117 of title 23, United States Code.
(liquidation of contract authorization)
(highway trust fund)
For the payment of obligations incurred in carrying out Federal-aid
highway and highway safety construction programs authorized under title
23, United States Code, $61,869,000,000 derived from the Highway Trust
Fund (other than the Mass Transit Account), to remain available until
expended.
highway infrastructure programs
There is hereby appropriated to the Secretary of Transportation
$1,000,000,000: Provided, That the funds made available under this
heading shall be derived from the general fund, shall be in addition to
any funds provided for fiscal year 2021 in this Act or any other Act
for: (1) ``Federal-aid Highways'' under chapter 1 of title 23, United
States Code; or (2) the Appalachian Development Highway System as
authorized under section 1069(y) of the Intermodal Surface
Transportation Efficiency Act (Public Law 102-240), and shall not
affect the distribution or amount of funds provided in any other Act:
Provided further, That section 1101(b) of the FAST Act (Public Law 114-
94) shall apply to funds made available under this heading: Provided
further, That unless otherwise specified, amounts made available under
this heading shall be available until September 30, 2024: Provided
further, That of the funds made available under this heading--
(1) $632,220,000 shall be for activities under section
133(b) of title 23, United States Code, and to provide
necessary charging infrastructure along corridor-ready or
corridor-pending alternative fuel corridors designated pursuant
to section 151 of title 23, United States Code;
(2) $100,000,000 shall be for necessary expenses for
construction of the Appalachian Development Highway System as
authorized under section 1069(y) of the Intermodal
Transportation Efficiency Act of 1991 (Public Law 102-240);
(3) $3,150,000 shall be for activities eligible under the
Puerto Rico Highway Program as described in section
165(b)(2)(C) of title 23, United States Code;
(4) $630,000 shall be for activities eligible under the
Territorial Highway Program, as described in section 165(c)(6)
of title 23, United States Code;
(5) $150,000,000 shall be for the nationally significant
Federal lands and tribal projects program under section 1123 of
the FAST Act;
(6) $50,000,000 shall be for competitive grants for
activities described in section 130(a) of title 23, United
States Code;
(7) $30,000,000 shall be for the Tribal Transportation
program as authorized under section 202 of title 23, United
States Code;
(8) $15,000,000 shall be for grants for Advanced Digital
Construction Management Systems;
(9) $12,000,000 shall be for the Regional Infrastructure
Accelerator Demonstration Program authorized under section 1441
of the FAST Act;
(10) $5,000,000 shall be for a National Road Network Pilot
Program for the Federal Highway Administration to create a
national level, geo-spatial dataset that uses data already
collected under the Highway Performance Monitoring System; and
(11) $2,000,000 shall be for research that leads to
decreases in highway and pedestrian fatalities among Tribal
populations:
Provided further, That for the purposes of funds made available under
paragraph (1) of the fourth proviso, the term ``State'' means any of
the 50 States or the District of Columbia: Provided further, That the
funds made available under paragraph (1) shall be sub-allocated in the
manner described in section 133(d) of title 23, United States Code,
except that the set-aside described in section 133(h) of such title
shall not apply to funds made available under this heading: Provided
further, That the funds made available under paragraph (1) shall be
administered as if apportioned under chapter 1 of such title and shall
be apportioned to the States in the same ratio as the obligation
limitation for fiscal year 2021 is distributed among the States in
section 120(a)(5) of this Act: Provided further, That for amounts made
available under paragraphs (1), (2), (3), (4), (6), and (7), the
Federal share of the costs shall be, at the option of the recipient, up
to 100 percent: Provided further, That except as provided in the
following proviso, the funds made available under this heading for
activities eligible under the Puerto Rico Highway Program and
activities eligible under the Territorial Highway Program shall be
administered as if allocated under sections 165(b) and 165(c),
respectively, of title 23, United States Code: Provided further, That
the funds made available under this heading for activities eligible
under the Puerto Rico Highway Program shall not be subject to the
requirements of sections 165(b)(2)(A) or 165(b)(2)(B) of such title:
Provided further, That the funds made available for the Tribal
Transportation Program shall be sub-allocated in the manner described
in section 202(b)(3)(A)(i)(IV) of such title, except that the set-
asides described in subparagraph (C) of section 202(b)(3) of such title
and subsections (a)(6), (c), (d), and (e) of section 202 of such title
shall not apply to funds made available under this heading: Provided
further, That the funds made available under this heading, in paragraph
(6) of the fourth proviso, shall be available for projects eligible
under section 130(a) of such title, for commuter authorities, as
defined in section 24102(2) of title 49, United States Code, that
experienced at least one accident investigated by the National
Transportation Safety Board between January 1, 2008 and December 31,
2018 and for which the National Transportation Safety Board issued an
accident report: Provided further, That for the purposes of funds made
available under this heading for construction of the Appalachian
Development Highway System (ADHS), the term ``Appalachian State'' means
a State that contains one or more counties (including any political
subdivision located within the area) in the Appalachian region as
defined in section 14102(a) of title 40, United States Code: Provided
further, That funds made available under this heading for construction
of the ADHS shall remain available until expended: Provided further,
That a project carried out with funds made available under this heading
for construction of the ADHS shall be carried out in the same manner as
a project under section 14501 of title 40, United States Code:
Provided further, That subject to the following proviso, funds made
available under this heading for construction of the ADHS shall be
apportioned to Appalachian States according to the percentages derived
from the 2012 Appalachian Development Highway System Cost to Complete
Estimate adopted in Appalachian Regional Commission Resolution Number
736, and confirmed as each Appalachian State's relative share of the
estimated remaining need to complete the ADHS, adjusted to exclude
corridors that such States have no current plans to complete, as
reported in the 2013 Appalachian Development Highway System Completion
Report, unless such States have modified and assigned a higher priority
for completion of an ADHS corridor, as reported in the 2020 ADHS Future
Outlook: Provided further, That the Secretary shall adjust
apportionments made under the preceding proviso so that no Appalachian
State shall be apportioned an amount in excess of 25 percent of the
amount made available for construction of the Appalachian Development
Highway System under this heading: Provided further, That the
Secretary shall consult with the Appalachian Regional Commission in
making adjustments under the preceding two provisos.
administrative provisions--federal highway administration
Sec. 120. (a) For fiscal year 2021, 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;
(B) amounts authorized for the Bureau of
Transportation Statistics; and
(C) amounts authorized as special one-year funding
under any successor surface transportation
reauthorization Act authorizing appropriations for
fiscal year 2021;
(2) not distribute an amount from the obligation limitation
for Federal-aid highways that is equal to the unobligated
balance of amounts--
(A) made available from the Highway Trust Fund
(other than the Mass Transit Account) for Federal-aid
highway and highway safety construction programs for
previous fiscal years the funds for which are allocated
by the Secretary (or apportioned by the Secretary under
sections 202 or 204 of title 23, United States Code);
and
(B) for which obligation limitation was provided in
a previous fiscal year;
(3) determine the proportion that--
(A) the obligation limitation for Federal-aid
highways, less the aggregate of amounts not distributed
under paragraphs (1) and (2) of this subsection; bears
to
(B) the total of the sums authorized to be
appropriated for the Federal-aid highway and highway
safety construction programs (other than sums
authorized to be appropriated for provisions of law
described in paragraphs (1) through (11) of subsection
(b) and sums authorized to be appropriated for section
119 of title 23, United States Code, equal to the
amount referred to in subsection (b)(12) for such
fiscal year), less the aggregate of the amounts not
distributed under paragraphs (1) and (2) of this
subsection;
(4) distribute the obligation limitation for Federal-aid
highways, less the aggregate amounts not distributed under
paragraphs (1) and (2), for each of the programs (other than
programs to which paragraph (1) applies) that are allocated by
the Secretary under the Fixing America's Surface Transportation
Act and title 23, United States Code, or apportioned by the
Secretary under sections 202 or 204 of that title, by
multiplying--
(A) the proportion determined under paragraph (3);
by
(B) the amounts authorized to be appropriated for
each such program for such fiscal year; and
(5) distribute the obligation limitation for Federal-aid
highways, less the aggregate amounts not distributed under
paragraphs (1) and (2) and the amounts distributed under
paragraph (4), for Federal-aid highway and highway safety
construction programs that are apportioned by the Secretary
under title 23, United States Code (other than the amounts
apportioned for the National Highway Performance Program in
section 119 of title 23, United States Code, that are exempt
from the limitation under subsection (b)(12) and the amounts
apportioned under sections 202 and 204 of that title) in the
proportion that--
(A) amounts authorized to be appropriated for the
programs that are apportioned under title 23, United
States Code, to each State for such fiscal year; bears
to
(B) the total of the amounts authorized to be
appropriated for the programs that are apportioned
under title 23, United States Code, to all States for
such fiscal year.
(b) Exceptions From Obligation Limitation.--The obligation
limitation for Federal-aid highways shall not apply to obligations
under or for--
(1) section 125 of title 23, United States Code;
(2) section 147 of the Surface Transportation Assistance
Act of 1978 (23 U.S.C. 144 note; 92 Stat. 2714);
(3) section 9 of the Federal-Aid Highway Act of 1981 (95
Stat. 1701);
(4) subsections (b) and (j) of section 131 of the Surface
Transportation Assistance Act of 1982 (96 Stat. 2119);
(5) subsections (b) and (c) of section 149 of the Surface
Transportation and Uniform Relocation Assistance Act of 1987
(101 Stat. 198);
(6) sections 1103 through 1108 of the Intermodal Surface
Transportation Efficiency Act of 1991 (105 Stat. 2027);
(7) section 157 of title 23, United States Code (as in
effect on June 8, 1998);
(8) section 105 of title 23, United States Code (as in
effect for fiscal years 1998 through 2004, but only in an
amount equal to $639,000,000 for each of those fiscal years);
(9) Federal-aid highway programs for which obligation
authority was made available under the Transportation Equity
Act for the 21st Century (112 Stat. 107) or subsequent Acts for
multiple years or to remain available until expended, but only
to the extent that the obligation authority has not lapsed or
been used;
(10) section 105 of title 23, United States Code (as in
effect for fiscal years 2005 through 2012, but only in an
amount equal to $639,000,000 for each of those fiscal years);
(11) section 1603 of SAFETEA-LU (23 U.S.C. 118 note; 119
Stat. 1248), to the extent that funds obligated in accordance
with that section were not subject to a limitation on
obligations at the time at which the funds were initially made
available for obligation; and
(12) section 119 of title 23, United States Code (but, for
each of fiscal years 2013 through 2021, 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), (except for the obligation
limitation made available under section (a)(1)(C)), 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; and
(B) title VI of the Fixing America's Surface
Transportation Act.
(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: Provided,
That such funds shall be subject to the obligation limitation for
Federal-aid highway and highway safety construction programs.
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 provide an annual report to the House and Senate Committees on
Appropriations on any waivers granted under the Buy America
requirements.
Sec. 123. None of the funds made available 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 of Transportation 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. 124. 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: Provided, That the written
notification required in the preceding proviso shall be made not later
than 180 days after the date of enactment of this Act.
Sec. 125. (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, United States Code, or section 165 of title
23, United States Code, 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 Transportation of its
intent to use its authority under this section and submits a quarterly
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
of Transportation 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 5 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 each quarter to the
House and Senate Committees on Appropriations.
Sec. 126. Until final guidance is published, the Administrator of
the Federal Highway Administration shall adjudicate requests for Buy
America waivers under the rules and regulations that were in effect
prior to April 17, 2017. The Administrator shall process such requests
not later than 90 days after receipt of the request or such waivers
will be granted automatically.
Sec. 127. Amounts for which a limitation on obligations that
otherwise would have expired at the end of fiscal year 2020 that has
been extended through the end of fiscal year 2021 shall not be subject
to section 120(a)(2) of this Act.
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 Fixing America's Surface Transportation Act or any
successor surface transportation reauthorization Act authorizing
appropriations for fiscal year 2021, $379,500,000, to be derived from
the Highway Trust Fund (other than the Mass Transit Account), together
with advances and reimbursements received by the Federal Motor Carrier
Safety Administration, the sum of which shall remain available until
expended: Provided, That funds available for implementation,
execution, or administration of motor carrier safety operations and
programs authorized under title 49, United States Code, shall not
exceed total obligations of $379,500,000 for ``Motor Carrier Safety
Operations and Programs'' for fiscal year 2021, of which not less than
$85,000,000, to remain available for obligation until September 30,
2023, is for the development, modernization, and enhancement of
information technology and information management systems and for the
continuing operation of and maintenance of such systems: Provided
further, That not less than $13,073,000, to remain available for
obligation until September 30, 2023, is for the research and technology
program, of which not less than $3,300,000 shall be available to begin
the Large Truck Crash Causal Factors study: Provided further, That
$20,000,000 for carrying out activities under this heading, including
the modernization and maintenance of border facilities, is to remain
available for obligation until September 30, 2025.
motor carrier safety grants
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out sections 31102,
31103, 31104, and 31313 of title 49, United States Code, as amended by
the Fixing America's Surface Transportation Act or any successor
surface transportation reauthorization Act authorizing appropriations
for fiscal year 2021, $506,200,000 to be derived from the Highway Trust
Fund (other than the Mass Transit Account) to remain available until
expended: Provided, That funds available for the implementation or
execution of motor carrier safety programs shall not exceed total
obligations of $506,200,000 in fiscal year 2021 for ``Motor Carrier
Safety Grants'': Provided further, That of the sums appropriated under
this heading--
(1) $389,212,000 shall be available for the motor carrier
safety assistance program;
(2) $56,880,000 shall be available for the commercial
driver's license program implementation program;
(3) $59,108,000 shall be available for the high priority
activities program; and
(4) $1,000,000 shall be made available for commercial motor
vehicle operators grants.
administrative provisions--federal motor carrier safety administration
Sec. 130. The Federal Motor Carrier Safety Administration shall
send notice of section 385.308 of title 49, Code of Federal
Regulations, violations by certified mail, registered mail, or another
manner of delivery, which records the receipt of the notice by the
persons responsible for the violations.
Sec. 131. The Federal Motor Carrier Safety Administration shall
update annual inspection regulations under Appendix G to subchapter B
of chapter III of title 49, Code of Federal Regulations, as recommended
by GAO-19-264.
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,
$214,073,440, of which $40,000,000 shall remain available through
September 30, 2022.
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
4011 of the Fixing America's Surface Transportation Act (Public Law
114-94) or any successor surface transportation reauthorization Act
authorizing appropriations for fiscal year 2021, and chapter 303 of
title 49, United States Code, $170,612,000 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 made
available by this Act shall be available for the planning or execution
of programs the total obligations for which, in fiscal year 2021, are
in excess of $170,612,000: Provided further, That of the funds
appropriated under this heading--
(1) $165,112,000 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 4011 of the Fixing America's
Surface Transportation Act (Public Law 114-94); and
(2) $5,500,000 shall be for the National Driver Register
authorized under chapter 303 of title 49, United States Code:
Provided further, That of the $170,612,000 obligation limitation for
operations and research, $20,000,000 shall remain available until
September 30, 2022, and $3,000,000, for impaired driving detection,
shall remain available until expended, 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 2021 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 section
4001(a)(6) of the Fixing America's Surface Transportation Act, to
remain available until expended, $855,488,000, to be derived from the
Highway Trust Fund (other than the Mass Transit Account): Provided,
That none of the funds made available by this Act shall be available
for the planning or execution of programs for which the total
obligations in fiscal year 2021 are in excess of $855,488,000 for
programs authorized under sections 402, 404, and 405 of title 23,
United States Code, and section 4001(a)(6) of the Fixing America's
Surface Transportation Act: Provided further, That of the sums
appropriated under this heading--
(1) $384,800,000 shall be for ``Highway Safety Programs''
under section 402 of title 23, United States Code;
(2) $390,900,000 shall be for ``National Priority Safety
Programs'' under section 405 of title 23, United States Code;
(3) $49,702,000 shall be for the ``High Visibility
Enforcement Program'' under section 404 of title 23, United
States Code; and
(4) $30,086,000 shall be for ``Administrative Expenses''
under section 4001(a)(6) of the Fixing America's Surface
Transportation Act:
Provided further, That for amounts subject to the obligation
limitation under this heading during fiscal year 2021, the Federal
share of activities undertaken pursuant to chapter 4 of title 23,
United States Code, shall be, at the option of the recipient, up to 100
percent: Provided further, That none of the funds made available by
this Act 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, not later than 5 days after exercising such
authority.
administrative provisions--national highway traffic safety
administration
Sec. 140. An additional $130,000 shall be made available to the
National Highway Traffic Safety Administration, out of the amount
limited for section 402 of title 23, United States Code, to pay for
travel and related expenses for State management reviews and to pay for
core competency development training and related expenses for highway
safety staff.
Sec. 141. The limitations on obligations for the programs of the
National Highway Traffic Safety Administration set in this Act shall
not apply to obligations for which obligation authority was made
available in previous public laws but only to the extent that the
obligation authority has not lapsed or been used.
Sec. 142. In addition to the amounts made available under the
heading, ``Operations and Research (Liquidation of Contract
Authorization) (Limitation on Obligations) (Highway Trust Fund)'' for
carrying out the provisions of section 403 of title 23, United States
Code, $17,000,000, to remain available until September 30, 2022, shall
be made available to the National Highway Traffic Safety Administration
from the general fund: Provided, That of the sums provided under this
provision--
(1) not to exceed $7,000,000 shall be available to provide
funding for grants, pilot program activities, and innovative
solutions to reduce impaired-driving fatalities in
collaboration with eligible entities under section 403 of title
23, United States Code; and
(2) not to exceed $10,000,000 shall be available to
continue a high visibility enforcement paid-media campaign
regarding highway-rail grade crossing safety in collaboration
with the Federal Railroad Administration.
Sec. 143. None of the funds in this Act or any other Act shall be
used to enforce the requirements of section 405(a)(9) of title 23,
United States Code.
Federal Railroad Administration
safety and operations
For necessary expenses of the Federal Railroad Administration, not
otherwise provided for, $236,134,000, of which $30,000,000 shall remain
available until expended.
railroad research and development
For necessary expenses for railroad research and development,
$41,000,000, to remain available until expended.
federal-state partnership for state of good repair
For necessary expenses related to Federal-State partnership for
state of good repair grants as authorized by section 24911 of title 49,
United States Code, $200,000,000, to remain available until expended:
Provided, That the Secretary may withhold up to 2 percent of the
amounts made available under this heading for the costs of award and
project management oversight of grants carried out under section 24911
of title 49, United States Code: Provided further, That expenses
incidental to the acquisition or construction (including designing,
engineering, location surveying, mapping, environmental studies, and
acquiring rights-of-way) of a capital project as defined under section
24911(a)(2) of title 49, United States Code, are eligible for funding
independently or in conjunction with proposed funding for construction:
Provided further, That section 24911(d)(1)(C) of title 49, United
States Code, shall not apply to amounts made available under this
heading: Provided further, That section 24911(d)(1)(C) of title 49,
United States Code, shall not apply to amounts made available under
this heading in previous fiscal years if such funds are announced in a
Notice of Funding Opportunity that includes funds made available under
this heading: Provided further, That the Secretary shall issue the
Notice of Funding Opportunity for amounts made available under this
heading not later than 60 days after the date of enactment of this Act:
Provided further, That the Secretary shall announce the selection of
projects to receive awards for amounts made available under this
heading not later than 240 days after the date of enactment of this
Act.
consolidated rail infrastructure and safety improvements
(including transfer of funds)
For necessary expenses related to consolidated rail infrastructure
and safety improvements grants, as authorized by section 22907 of title
49, United States Code, $500,000,000, to remain available until
expended: Provided, That of the amounts made available under this
heading--
(1) Not less than $60,000,000 shall be for projects
eligible under section 22907(c)(5) of title 49, United States
Code;
(2) Not less than $90,000,000 shall be for projects
eligible under section 22907(c)(2) of title 49, United States
Code, that support the development of new intercity passenger
rail service routes including alignments for existing routes:
Provided, That the Secretary shall give preference for pre-
construction elements including preliminary engineering and
final design of such projects; and
(3) Not less than $25,000,000 shall be for capital projects
and engineering solutions targeting trespassing: Provided,
That the Secretary shall give preference for such projects that
are located in counties with the most pedestrian trespasser
casualties as identified in the Federal Railroad
Administration's National Strategy to Prevent Trespassing on
Railroad Property:
Provided further, That section 22905(f) of title 49, United States
Code, shall not apply to projects for the implementation of positive
train control systems otherwise eligible under section 22907(c)(1) of
title 49, United States Code: Provided further, That amounts made
available under this heading for projects selected for commuter rail
passenger transportation may be transferred by the Secretary, after
selection, to the appropriate agencies to be administered in accordance
with chapter 53 of title 49, United States Code: Provided further,
That the Secretary shall not limit eligible projects from consideration
for funding for planning, engineering, environmental, construction, and
design elements of the same project in the same application: Provided
further, That for amounts made available under this heading eligible
recipients under section 22907(b) of title 49, United States Code,
shall include any non-profit association representing Class II
railroads or Class III railroads (as such terms are defined in section
20102 of title 49, United States Code) or rail carriers that provide
intercity rail passenger transportation (as defined in section 24102 of
title 49, United States Code) and any holding company of a Class II
railroad or Class III railroad (as such terms are defined in section
20102 of title 49, United States Code): Provided further, That section
22907(e)(1)(A) of title 49, United States Code, shall not apply to
amounts made available under this heading: Provided further, That
section 22907(e)(1)(A) of title 49, United States Code, shall not apply
to amounts made available under this heading in previous fiscal years
if such funds are announced in a Notice of Funding Opportunity that
includes funds made available under this heading: Provided further,
That unobligated balances remaining after 6 years from the date of
enactment of this Act may be used for any eligible project under
section 22907(c) of title 49, United States Code: Provided further,
That the Secretary may withhold up to 2 percent of the amounts made
available under this heading for the costs of award and project
management oversight of grants carried out under section 22907 of title
49, United States Code: Provided further, That the Secretary shall
issue the Notice of Funding Opportunity for amounts made available
under this heading not later than 30 days after the date of enactment
of this Act: Provided further, That such Notice of Funding Opportunity
shall require application submissions 90 days after the publishing of
such Notice: Provided further, That the Secretary shall announce the
selection of projects to receive awards for amounts made available
under this heading not later than 210 days after the date of enactment
of this Act.
magnetic levitation technology deployment program
For necessary expenses related to the deployment of magnetic
levitation transportation projects, consistent with language in
subsections (a) through (c) of section 1307 of SAFETEA-LU (Public Law
109-59), as amended by section 102 of the SAFETEA-LU Technical
Corrections Act of 2008 (Public Law 110-244) (23 U.S.C. 322 note),
$5,000,000, to remain available until expended.
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 11101(a) of the Fixing
America's Surface Transportation Act (division A of Public Law 114-94),
$750,000,000, to remain available until expended: Provided, That the
Secretary may retain up to one half of 1 percent of the amounts made
available under both this heading and the ``National Network Grants to
the National Railroad Passenger Corporation'' heading to fund the costs
of project management and oversight of activities authorized by section
11101(c) of the Fixing America's Surface Transportation Act (division A
of Public Law 114-94): Provided further, That in addition to the
project management oversight funds authorized under section 11101(c) of
such Act, the Secretary may retain up to an additional $5,000,000 of
the amounts made available under this heading to fund expenses
associated with the Northeast Corridor Commission established under
section 24905 of title 49, United States Code: Provided further, That
of the amounts made available under this heading, not less than
$200,000,000 shall be made available to advance capital projects,
including rehabilitation and upgrade of railroad infrastructure, that
increase reliability or expand passenger rail capacity on the Amtrak-
owned portion of the Northeast Corridor (as defined in section 24102(8)
of title 49, United States Code) on which more than 380 trains traveled
per day in fiscal year 2019: Provided further, That of the amounts
made available under this heading and the ``National Network Grants to
the National Railroad Passenger Corporation'' heading, not less than
$75,000,000 shall be made available to bring Amtrak-served facilities
and stations into compliance with the Americans with Disabilities Act
of 1990 (42 U.S.C. 2101 et seq.).
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 11101(b) of the Fixing
America's Surface Transportation Act (division A of Public Law 114-94),
$1,300,000,000, to remain available until expended: Provided, That the
Secretary may retain up to an additional $2,000,000 of the amounts made
available under this heading to fund expenses associated with the
State-Supported Route Committee established under section 24712 of
title 49, United States Code: Provided further, That none of the funds
provided under this heading shall be used by Amtrak to give notice
under subsection (a) or (b) of section 24706 of title 49, United States
Code, with respect to long-distance routes (as defined in section 24102
of title 49, United States Code) on which Amtrak is the sole operator
on a host railroad's line and a positive train control system is not
required by law or regulation, or, except in an emergency or during
maintenance or construction outages impacting such routes, to otherwise
discontinue, reduce the frequency of, suspend, or substantially alter
the route of rail service on any portion of such route operated in
fiscal year 2018, including implementation of service permitted by
section 24305(a)(3)(A) of title 49, United States Code, in lieu of rail
service.
administrative provisions--federal railroad administration
(including rescissions)
Sec. 150. None of the funds made available to the National
Railroad Passenger Corporation may be used to fund any overtime costs
in excess of $35,000 for any individual employee: Provided, That the
President of Amtrak may waive the cap set in the preceding proviso for
specific employees when the President of Amtrak determines such a cap
poses a risk to the safety and operational efficiency of the system:
Provided further, That the President of Amtrak shall report to the
House and Senate Committees on Appropriations no later than 60 days
after the date of enactment of this Act, a summary of all overtime
payments incurred by Amtrak for 2020 and the 3 prior calendar years:
Provided further, That such summary shall include the total number of
employees that received waivers and the total overtime payments Amtrak
paid to employees receiving waivers for each month for 2020 and for the
3 prior calendar years.
Sec. 151. 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. 152. None of the funds made available by this Act may be used
by the National Railroad Passenger Corporation in contravention of the
Worker Adjustment and Retraining Notification Act (29 U.S.C. 2101 et
seq.).
Sec. 153. The matter under the heading ``Department of
Transportation--Federal Railroad Administration--Consolidated Rail
Infrastructure and Safety Improvements''--
(a) in division G of the Consolidated Appropriations Act, 2019
(Public Law 116-6) is amended by striking ``4 years'' and inserting ``6
years'' in the fourth proviso; and
(b) in division H of the Further Consolidated Appropriations Act,
2020 (Public Law 116-94) is amended by striking ``4 years'' and
inserting ``6 years'' in the fourth proviso.
Sec. 154. Of the unobligated balances of funds remaining from--
(a) ``Capital and Debt Service Grants to the National Railroad
Passenger Corporation'' accounts totaling $10,414,449.82 appropriated
by the following public laws are hereby permanently rescinded:
(1) Public Law 112-10 a total of $289,234.48,
(2) Public Law 112-55 a total of $4,760,000.00,
(3) Public Law 113-76 a total of $792,502.52,
(4) Public Law 113-235 a total of $1,698,806.61, and
(5) Public Law 114-113 a total of $2,873,906.21;
(b) ``Railroad Safety Technology Program'' account totaling
$613,252.29 appropriated by Public Law 111-117 is hereby permanently
rescinded;
(c) ``Capital Assistance to States - Intercity Passenger Rail
Service'' account totaling $9,867,630.69 appropriated by Public Law
111-8 is hereby permanently rescinded;
(d) ``Rail Line Relocation and Improvement Program'' accounts
totaling $12,650,365.14 appropriated by the following public laws are
hereby permanently rescinded:
(1) Public Law 110-161 a total of $923,214.63,
(2) Public Law 111-8 a total of $5,558,233.95,
(3) Public Law 111-117 a total of $3,763,767.95, and
(4) Public Law 112-10 a total of $2,405,148.61; and;
(e) ``Next Generation High-Speed Rail'' accounts totaling
$3,019,483.21 appropriated by the following public laws are hereby
permanently rescinded:
(1) Public Law 104-50 a total of $610,807.00,
(2) Public Law 104-205 a total of $5,963.71,
(3) Public Law 105-66 a total of $1,218,742.47,
(4) Public Law 105-277 a total of $17,097.00,
(5) Public Law 106-69 a total of $1,005,969.00,
(6) Public Law 108-7 a total of $43,951.57,
(7) Public Law 108-199 a total of $24,263.48, and
(8) Public Law 108-447 a total of $92,688.98.
Federal Transit Administration
administrative expenses
For necessary administrative expenses of the Federal Transit
Administration's programs authorized by chapter 53 of title 49, United
States Code, $121,052,000, of which $15,000,000 shall remain available
until September 30, 2022, and up to $1,000,000 shall be available to
carry out the provisions of section 5326 of such title: Provided, That
upon submission to the Congress of the fiscal year 2022 President's
budget, the Secretary of Transportation shall transmit to Congress the
annual report on Capital Investment Grants, including proposed
allocations for fiscal year 2022.
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), 5335, 5337, 5339, and
5340, as amended by the Fixing America's Surface Transportation Act,
section 20005(b) of Public Law 112-141, and section 3006(b) of the
Fixing America's Surface Transportation Act, or any successor surface
transportation reauthorization Act authorizing appropriations for
fiscal year 2021, $16,595,000,000, 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), 5335, 5337, 5339, and 5340, as
amended by the Fixing America's Surface Transportation Act, section
20005(b) of Public Law 112-141, and section 3006(b) of the Fixing
America's Surface Transportation Act, or any successor surface
transportation reauthorization Act authorizing appropriations for
fiscal year 2021, shall not exceed total obligations of $15,945,200,000
in fiscal year 2021: Provided further, That the Federal share of the
cost of activities carried out under 49 U.S.C. section 5312 shall not
exceed 80 percent, except that if there is substantial public interest
or benefit, the Secretary may approve a greater Federal share:
Provided further, That until September 30, 2021, for amounts subject to
the obligation limitation under this heading during fiscal year 2021,
the Federal share of costs for any grant made for activities undertaken
pursuant to chapter 53 of title 49, United States Code, shall be, at
the option of the recipient, up to 100 percent but solely for funds
that have not been obligated to a grant prior to September 30, 2020:
Provided further, That the preceding proviso shall not apply to grants
made pursuant to a competitive application process in fiscal year 2021
or any prior fiscal year: Provided further, That not including any
amounts provided under the heading ``Transit Infrastructure Grants'' in
title XII of division B of the CARES Act (Public Law 116-136), an
urbanized area or State may obligate not more than 50 percent of its
unobligated balances authorized under sections 5305, 5307, 5310, 5311,
5329(e)(6), 5335, 5337, 5339, and 5340 of title 49, United States Code,
as of September 30, 2020, under this proviso.
transit infrastructure grants
For an additional amount for buses and bus facilities grants under
section 5339 of title 49, United States Code, low or no emission grants
under section 5339(c) of such title, the passenger ferry grant program
as authorized under section 5307(h) of such title, and the
demonstration and deployment of innovative mobility solutions as
authorized under section 5312 of such title, $510,000,000, to remain
available until expended: Provided, That of the amounts made available
under this heading--
(1) $374,000,000 shall be available for the buses and bus
facilities competitive grants as authorized under section
5339(b) of title 49, United States Code: Provided, That
activities that increase green space surrounding a bus
transportation hub structure are eligible for a grant under
this paragraph: Provided further, That the minimum grant award
shall be not less than $1,000,000;
(2) $125,000,000 shall be available for the low or no
emission grants as authorized under section 5339(c) of title
49, United States Code: Provided, That the minimum grant award
shall be not less than $1,250,000;
(3) $10,000,000 shall be available for the passenger ferry
grant program as authorized under section 5307(h) of title 49,
United States Code: Provided, That the funds provided under
this heading shall only be available for low or zero-emission
ferries or ferries using electric battery or fuel cell
components and the infrastructure to support such ferries; and
(4) $1,000,000 shall be shall be available for the
demonstration and deployment of innovative mobility solutions
as authorized under section 5312 of title 49, United States
Code: Provided, that such amounts shall be available for
competitive grants or cooperative agreements for the
development of software to facilitate the provision of demand-
response public transportation service that dispatches public
transportation fleet vehicles through riders mobile devices or
other advanced means: Provided further, That the Secretary
shall evaluate the potential for software developed with grants
or cooperative agreements to be shared for use by public
transportation agencies:
Provided further, That the Federal share of the costs for which any
grant is made under this heading shall be, at the option of the
recipient, up to 100 percent: Provided further, That amounts made
available under this heading shall be derived from the general fund and
shall not be subject to any limitation on obligation for transit
programs set forth in any Act.
technical assistance and training
For necessary expenses to carry out section 5314 of title 49,
United States Code, $7,000,000, to remain available until September 30,
2022: Provided, That the assistance provided under this heading does
not duplicate the activities of section 5311(b) or section 5312 of
title 49, United States Code.
capital investment grants
For necessary expenses to carry out fixed guideway capital
investment grants under section 5309 of title 49, United States Code,
and section 3005(b) of the Fixing America's Surface Transportation Act
(49 U.S.C. 5309 note), $2,175,000,000, to remain available until
September 30, 2024: Provided, That of the amounts made available under
this heading, $1,848,000,000 shall be allocated by December 31, 2022:
Provided further, That of the amounts made available under this
heading, $1,250,000,000 shall be available for projects authorized
under section 5309(d) of title 49, United States Code, $525,000,000
shall be available for projects authorized under section 5309(e) of
title 49, United States Code, $300,000,000 shall be available for
projects authorized under section 5309(h) of title 49, United States
Code, and $100,000,000 shall be available for projects authorized under
section 3005(b) of the Fixing America's Surface Transportation Act (49
U.S.C. 5309 note): Provided further, That funds made available under
this heading in this or any other Act may be available for amendments
to current full-funding grant agreements that require additional
Federal funding as a result of coronavirus: Provided further, That the
Secretary shall continue to administer the capital investment grants
program in accordance with the procedural and substantive requirements
of section 5309 of title 49, United States Code, of section 3005(b) of
the Fixing America's Surface Transportation Act (49 U.S.C. 5309 note),
and of section 5309(i) of title 49, United States Code: Provided
further, That projects that receive a grant agreement under the
Expedited Project Delivery for Capital Investment Grants Pilot Program
under section 3005(b) of the Fixing America's Surface Transportation
Act (49 U.S.C. 5309 note) shall be deemed eligible for funding provided
for projects under section 5309 of title 49, United States Code,
without further evaluation or rating under such section: Provided
further, That such funding shall not exceed the Federal share under
section 3005(b).
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: Provided further,
That the Secretary, in order to ensure safety throughout the rail
system, may waive the requirements of section 601(e)(1) of division B
of the Passenger Rail Investment and Improvement Act of 2008 (Public
Law 110-432).
administrative provisions--federal transit administration
(including rescissions)
Sec. 160. The limitations on obligations for the programs of the
Federal Transit Administration shall not apply to any authority under
49 U.S.C. 5338, previously made available for obligation, or to any
other authority previously made available for obligation.
Sec. 161. Notwithstanding any other provision of law, funds
appropriated or limited by this Act under the heading ``Capital
Investment Grants'' of the Federal Transit Administration for projects
specified in this Act or identified in reports accompanying this Act
not obligated by September 30, 2024, 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, 2019, for any section of chapter 53 of
title 49, United States Code, that remain available for expenditure,
may be transferred to and administered under the most recent
appropriation heading for any such section.
Sec. 163. None of the funds made available by this Act or any
other Act shall be used to adjust apportionments or withhold funds from
apportionments pursuant to section 9503(e)(4) of the Internal Revenue
Code of 1986 (26 U.S.C. 9503(e)(4)).
Sec. 164. An eligible recipient of a grant under section 5339(c)
may submit an application in partnership with other entities, including
a transit vehicle manufacturer, that intend to participate in the
implementation of a project under section 5339(c) of title 49, United
States Code, and a project awarded with such partnership shall be
treated as satisfying the requirement for a competitive procurement
under section 5325(a) of title 49, United States Code, for the named
entity.
Sec. 165. None of the funds made available by this Act or any
other Act shall be used to impede or hinder project advancement or
approval for any project seeking a Federal contribution from the
capital investment grant program of greater than 40 percent of project
costs as authorized under section 5309 of title 49, United States Code.
Sec. 166. None of the funds made available by this Act may be used
for the implementation or furtherance of new policies detailed in the
``Dear Colleague'' letter distributed by the Federal Transit
Administration to capital investment grant program project sponsors on
June 29, 2018.
Sec. 167. None of the funds made available in this Act may be used
by the Department of Transportation to implement any policy that
requires a capital investment grant project to receive a medium or
higher project rating before taking actions to finalize an
environmental impact statement.
Sec. 168. Of the unobligated amounts made available for prior
fiscal years to Formula Grants in Treasury Account 69-X-1129, a total
of $1,606,849 are hereby permanently rescinded: Provided, That no
amounts may be rescinded from amounts that were designated by the
Congress as an emergency or disaster relief requirement pursuant to a
concurrent resolution on the budget or the Balanced Budget and
Emergency Deficit Control Act of 1985.
Sec. 169. Of the unobligated amounts made available for the Job
Access and Reverse Commute program, as authorized by Public Law 105-
178, as amended, a total of $320,230 are hereby permanently rescinded.
Sec. 169A. Of the unobligated amounts made available for Research,
Training, and Human Resources, as authorized by Public Law 95-599, as
amended, a total of $31,634 are hereby permanently rescinded.
Saint Lawrence Seaway Development Corporation
The Saint 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 Saint Lawrence
Seaway owned, operated, and maintained by the Saint Lawrence Seaway
Development Corporation, $40,000,000, to be derived from the Harbor
Maintenance Trust Fund, pursuant to section 210 of the Water Resources
Development Act of 1986 (33 U.S.C. 2238): Provided, That of the
amounts made available under this heading, not less than $15,800,000
shall be for the seaway infrastructure program.
Maritime Administration
maritime security program
For necessary expenses to maintain and preserve a U.S.-flag
merchant fleet as authorized under chapter 531 of title 46, United
States Code, to serve the national security needs of the United States,
$314,007,780, to remain available until expended.
cable security fleet program
For necessary expenses to establish and maintain a fleet of United
States-documented cable vessels as authorized under chapter 532 of
title 46, United States Code, to meet the national security
requirements of the United States, $10,000,000, to remain available
until expended.
operations and training
(including transfer of funds)
For necessary expenses of operations and training activities
authorized by law, $161,417,000: Provided, That of the amounts made
available under this heading--
(1) $82,289,000, to remain available until September 30,
2022, shall be for the operations of the United States Merchant
Marine Academy;
(2) $5,500,000, to remain available until expended, shall
be for facilities maintenance and repair, and equipment, at the
United States Merchant Marine Academy;
(3) $3,000,000, to remain available until September 30,
2022, shall be for the Maritime Environmental and Technical
Assistance program authorized under section 50307 of title 46,
United States Code; and
(4) $14,775,000, to remain available until expended, shall
be for the Short Sea Transportation Program (America's Marine
Highways) to make grants for the purposes authorized under
paragraphs (1) and (3) of section 55601(b) of title 46, United
States Code:
Provided further, That not later than 120 days after the date of
enactment of this Act, 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 3507 of
the Duncan Hunter National Defense Authorization Act for Fiscal Year
2009 (46 U.S.C. 51301 note): Provided further, That available balances
under this heading for the Short Sea Transportation Program (America's
Marine Highways) from prior year recoveries shall be available to carry
out activities authorized under paragraphs (1) and (3) of section
55601(b) of title 46, United States Code: Provided further, That for
amounts made available under paragraphs (3) and (4) of the first
proviso, the Secretary of Transportation shall make grants not later
than 180 days after the date of enactment of this Act in such amounts
as the Secretary determines: Provided further, That any unobligated
balances and obligated balances not yet expended from previous
appropriations under this heading for programs and activities
supporting State Maritime Academies shall be transferred to and merged
with the appropriations for ``Maritime Administration--State Maritime
Academy Operations'' and shall be made available for the same purposes
as the appropriations for ``Maritime Administration--State Maritime
Academy Operations''.
state maritime academy operations
For necessary expenses of operations, support, and training
activities for State Maritime Academies, $431,700,000: Provided, That
of the amounts made available under this heading--
(1) $30,500,000, to remain available until expended, shall
be for maintenance, repair, life extension, marine insurance,
and capacity improvement of National Defense Reserve Fleet
training ships in support of State Maritime Academies, of which
$8,000,000, to remain available until expended, shall be for
expenses related to training mariners for costs associated with
training vessel sharing pursuant to section 51504(g)(3) of
title 46, United States Code, for costs associated with
mobilizing, operating, and demobilizing the vessel, including
travel costs for students, faculty, and crew, the costs of the
general agent, crew costs, fuel, insurance, operational fees,
and vessel hire costs, as determined by the Secretary;
(2) $389,000,000, to remain available until expended, shall
be for the National Security Multi-Mission Vessel Program,
including funds for construction, planning, administration, and
design of school ships;
(3) $2,400,000, to remain available until September 30,
2022, shall be for the Student Incentive Program;
(4) $3,800,000, to remain available until expended, shall
be for training ship fuel assistance; and
(5) $6,000,000, to remain available until September 30,
2022, shall be for direct payments for State Maritime
Academies.
assistance to small shipyards
To make grants to qualified shipyards as authorized under section
54101 of title 46, United States Code, $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,
$5,000,000, 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 50302(c) of title 46, United States Code, $300,000,000, to
remain available until expended: Provided, That projects eligible for
amounts made available under this heading shall be projects for coastal
seaports, inland river ports, or Great Lakes ports: Provided further,
That of the amounts made available under this heading, not less than
$275,000,000 shall be for coastal seaports or Great Lakes ports:
Provided further, That the Maritime Administration shall distribute
amounts made available under this heading as discretionary grants to
port authorities or commissions or their subdivisions and agents under
existing authority, as well as to a State or political subdivision of a
State or local government, a Tribal government, a public agency or
publicly chartered authority established by 1 or more States, a special
purpose district with a transportation function, a multistate or
multijurisdictional group of entities, or a lead entity described above
jointly with a private entity or group of private entities: Provided
further, That projects eligible for amounts made available under this
heading shall be designed to improve the safety, efficiency, or
reliability of the movement of goods into, out of, around, or within a
port and located--
(1) within the boundary of a port, or
(2) outside the boundary of a port, and directly related to
port operations, or to an intermodal connection to a port:
Provided further, That project awards eligible under this heading
shall be only for--
(1) port gate improvements;
(2) road improvements both within and connecting to the
port;
(3) rail improvements both within and connecting to the
port;
(4) berth improvements (including docks, wharves, piers and
dredging incidental to the improvement project);
(5) fixed landside improvements in support of cargo
operations (such as silos, elevators, conveyors, container
terminals, Ro/Ro structures including parking garages necessary
for intermodal freight transfer, warehouses including
refrigerated facilities, lay-down areas, transit sheds, and
other such facilities);
(6) utilities necessary for safe operations (including
lighting, stormwater, and other such improvements that are
incidental to a larger infrastructure project); or
(7) a combination of activities described above:
Provided further, That the Federal share of the costs for which an
amount is provided under this heading shall be up to 80 percent:
Provided further, That section 50302(c)(6)(B)(i) of title 46, United
States Code, shall not apply to amounts made available under this
heading: Provided further, That for grants awarded under this heading,
the minimum grant size shall be $1,000,000: Provided further, That for
grant awards less than $10,000,000, the Secretary shall prioritize
ports that handled less than 10,000,000 short tons in 2017, as
identified by the Corps of Engineers: Provided further, That for grant
awards less than $10,000,000, the Secretary may increase the Federal
share of costs above 80 percent: Provided further, That the proceeds
of Federal credit assistance under chapter 6 of title 23, United States
Code, or sections 501 through 504 of the Railroad and Revitalization
and Regulatory Reform Act of 1976 (Public Law 94-210) shall be
considered to be part of the non-Federal share of project costs if the
loan is repayable from non-Federal funds, unless otherwise requested by
the project sponsor: Provided further, That not to exceed 2 percent of
the amounts made available under this heading shall be available for
necessary costs of grant administration.
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. For fiscal year 2021, in addition to payments made
pursuant to 53106 of title 46, United States Code, the Secretary shall
pay to the contractor for an operating agreement entered into pursuant
to chapter 531 of title 46, United States Code, for each vessel that is
covered by such operating agreement as of the date of enactment of this
Act, an amount equal to $500,000: Provided, That payments authorized by
this section shall be paid not later than 60 days after the date of
enactment of this Act: Provided further, That any unobligated balances
remaining from the amounts made available for payments under the
heading ``Maritime Administration--Maritime Security Program'' in any
prior Act may be used for such payments.
Pipeline and Hazardous Materials Safety Administration
operational expenses
For necessary operational expenses of the Pipeline and Hazardous
Materials Safety Administration, $25,715,000, of which $1,500,000 shall
remain available until September 30, 2023.
hazardous materials safety
For expenses necessary to discharge the hazardous materials safety
functions of the Pipeline and Hazardous Materials Safety
Administration, $62,000,000, to remain available until September 30,
2023: 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), $173,000,000, to remain available
until September 30, 2023, of which $23,000,000 shall be derived from
the Oil Spill Liability Trust Fund; of which $140,000,000 shall be
derived from the Pipeline Safety Fund; and of which $10,000,000 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.
emergency preparedness grants
(limitation on obligations)
(emergency preparedness fund)
For expenses necessary to carry out the Emergency Preparedness
Grants program, not more than $28,318,000 shall remain available until
September 30, 2023, 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 administrative
costs: 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), and 5107(e) of title 49,
United States Code.
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of the Inspector General to
carry out the provisions of the Inspector General Act of 1978, as
amended, $98,150,000: Provided, That the Inspector General shall have
all necessary authority, in carrying out the duties specified in the
Inspector General Act, as amended (5 U.S.C. App. 3), to investigate
allegations of fraud, including false statements to the government (18
U.S.C. 1001), by any person or entity that is subject to regulation by
the Department of Transportation.
General Provisions--Department of Transportation
Sec. 180. (a) During the current fiscal year, applicable
appropriations to the Department of Transportation shall be available
for maintenance and operation of aircraft; hire of passenger motor
vehicles and aircraft; purchase of liability insurance for motor
vehicles operating in foreign countries on official department
business; and uniforms or allowances therefor, as authorized by
sections 5901 and 5902 of title 5, United States Code.
(b) During the current fiscal year, applicable appropriations to
the Department and its operating administrations shall be available for
the purchase, maintenance, operation, and deployment of unmanned
aircraft systems that advance the missions of the Department of
Transportation or an operating administration of the Department of
Transportation.
(c) Any unmanned aircraft system purchased, procured, or contracted
for by the Department prior to the date of enactment of this Act shall
be deemed authorized by Congress as if this provision was in effect
when the system was purchased, procured, or contracted for.
Sec. 181. Appropriations contained in this Act for the Department
of Transportation shall be available for services as authorized by
section 3109 of title 5, United States Code, but at rates for
individuals not to exceed the per diem rate equivalent to the rate for
an Executive Level IV.
Sec. 182. (a) No recipient of amounts made available by this Act
shall disseminate personal information (as defined in section 2725(3)
of title 18, United States Code) obtained by a State department of
motor vehicles in connection with a motor vehicle record as defined in
section 2725(1) of title 18, United States Code, except as provided in
section 2721 of title 18, United States Code, for a use permitted under
section 2721 of title 18, United States Code.
(b) Notwithstanding subsection (a), the Secretary shall not
withhold amounts made available by this Act for any grantee if a State
is in noncompliance with this provision.
Sec. 183. None of the funds made available by this Act shall be
available for salaries and expenses of more than 125 political and
Presidential appointees in the Department of Transportation: Provided,
That none of the personnel covered by this provision may be assigned on
temporary detail outside the Department of Transportation.
Sec. 184. Funds received by the Federal Highway Administration and
Federal Railroad Administration from States, counties, municipalities,
other public authorities, and private sources for expenses incurred for
training may be credited respectively to the Federal Highway
Administration's ``Federal-Aid Highways'' account and to the Federal
Railroad Administration's ``Safety and Operations'' account, except for
State rail safety inspectors participating in training pursuant to
section 20105 of title 49, United States Code.
Sec. 185. (a) None of the funds made available by this Act to the
Department of Transportation may be used to make a loan, loan
guarantee, line of credit, cooperative 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, cooperative agreement, or full
funding grant agreement is announced by the Department or its operating
administrations: Provided, 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.
(b) In addition to the notification required in subsection (a),
none of the funds made available by this Act to the Department of
Transportation may be used to make a loan, loan guarantee, line of
credit, cooperative agreement, or discretionary grant unless the
Secretary of Transportation provides the House and Senate Committees on
Appropriations a comprehensive list of all such loans, loan guarantees,
lines of credit, cooperative agreements, or discretionary grants that
will be announced not less the 3 full business days before such
announcement: Provided, That the Department of Transportation shall
provide the list required in this subsection prior to the notification
required in subsection (a): Provided further, That the requirement to
provide a list in this subsection does not apply to any ``quick
release'' of funds from the emergency relief program: Provided
further, That no list 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 elements of the
Department of Transportation using fair and equitable criteria and such
funds shall be available until expended.
Sec. 187. Amounts made available by this Act or any prior Act that
the Secretary determines represent improper payments by the Department
of Transportation to a third-party contractor under a financial
assistance award, which are recovered pursuant to law, shall be
available--
(1) to reimburse the actual expenses incurred by the
Department of Transportation in recovering improper payments:
Provided, That amounts made available by this Act shall be
available until expended; and
(2) to pay contractors for services provided in recovering
improper payments or contractor support in the implementation
of the Improper Payments Information Act of 2002 (Public Law
107-300), as amended by the Improper Payments Elimination and
Recovery Act of 2010 (Public Law 111-204) and Improper Payments
Elimination and Recovery Improvement Act of 2012 (Public Law
112-248), and Fraud Reduction and Data Analytics Act of 2015
(Public Law 114-186): Provided, That amounts in excess of that
required for paragraphs (1) and (2)--
(A) shall be credited to and merged with the
appropriation from which the improper payments were
made, and shall be available for the purposes and
period for which such appropriations are available:
Provided further, That where specific project or
accounting information associated with the improper
payment or payments is not readily available, the
Secretary may credit an appropriate account, which
shall be available for the purposes and period
associated with the account so credited; or
(B) if no such appropriation remains available,
shall be deposited in the Treasury as miscellaneous
receipts: Provided further, That prior to depositing
such recovery in the Treasury, the Secretary shall
notify the House and Senate Committees on
Appropriations of the amount and reasons for such
transfer: Provided further, That for purposes of this
section, the term ``improper payments'' has the same
meaning as that provided in section 2(e)(2) of the
Improper Payments Elimination and Recovery Act of 2010
(Public Law 111-204).
Sec. 188. 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. 189. 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. 190. 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. 191. The Department of Transportation may use funds provided
by this Act, or any other Act, to assist a contract under title 49 or
title 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. 192. 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. 193. Notwithstanding the Department of Transportation
Appropriations Act, 2010 (Public Law 111-117), de-obligated funds
associated with Cooperative Agreement No. FR-HSR-0118-12-01-01 may not
be made available for any purpose, including award, transfer, or
obligation to any other program or recipient, until the final
determination of any litigation concerning such funds.
Sec. 194. None of the funds made available by this Act shall be
available to consolidate governmental affairs activities across the
Department of Transportation in the Office of Governmental Affairs in
the Office of the Secretary or public affairs activities across the
Department of Transportation in the Office of Public Affairs in the
Office of the Secretary: Provided, That the operating administrations
of the Department of Transportation shall not transfer personnel to the
Office of Governmental Affairs in the Office of the Secretary or the
Office of Public Affairs in the Office of the Secretary.
This title may be cited as the ``Department of Transportation
Appropriations Act, 2021''.
TITLE II
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Management and Administration
executive offices
For necessary salaries and expenses for Executive Offices, which
shall be comprised of the offices of the Secretary, Deputy Secretary,
Adjudicatory Services, Congressional and Intergovernmental Relations,
Public Affairs, Small and Disadvantaged Business Utilization, and the
Center for Faith-Based and Neighborhood Partnerships, $15,000,000, to
remain available until September 30, 2022: Provided, That not to
exceed $20,000 of the amount made available under this heading shall be
available to the Secretary for official reception and representation
expenses as the Secretary of Housing and Urban Development (in this
title ``the Secretary'') may determine: Provided further, That the
Secretary shall issue the report required by House Report 114-129 not
later than 30 days after the date of enactment of this Act: Provided
further, that such report shall include (1) the Department's strategy
for continuing to ensure that lesbian, gay, bisexual, and transgender
individuals have access to Department of Housing and Urban Development
(in this title the ``Department'' or ``HUD'') programs for which they
are eligible, to be provided by the Office of Fair Housing and Equal
Opportunity; and (2) the plan for disseminating this information to
public housing agencies, to be provided by the Office of Public and
Indian Housing: Provided further, That the amount made available under
this heading for the ``Office of the Secretary'' shall be reduced by
$10,000 for each day after the date that is 30 days after enactment of
this Act that such report has not been submitted to the Congress.
administrative support offices
For necessary salaries and expenses for Administrative Support
Offices, $600,000,000, to remain available until September 30, 2022:
Provided, That of the amounts made available under this heading--
(1) not to exceed $71,576,000 shall be available for the
Office of the Chief Financial Officer;
(2) not to exceed $109,044,000 shall be available for the
Office of the General Counsel, of which not less than
$18,700,000 shall be for the Departmental Enforcement Center;
(3) not to exceed $286,258,000 shall be available for the
Office of the Assistant Secretary for Administration, of which
not less than $20,000,000 shall be for modernizing the Weaver
Building and space consolidation, to remain available until
September 30, 2023;
(4) not to exceed $65,200,000 shall be available for the
Office of Field Policy and Management;
(5) not to exceed $4,535,000 shall be available for the
Office of Departmental Equal Employment Opportunity; and
(6) not less than $63,387,000 shall be available for the
Office of the Chief Information Officer:
Provided further, That funds made available under this heading may be
used for necessary administrative and non-administrative expenses of
the Department, not otherwise provided for, including purchase of
uniforms, or allowances therefor, as authorized by sections 5901 and
5902 of title 5, United States Code; hire of passenger motor vehicles;
and services as authorized by section 3109 of title 5, United States
Code: Provided further, That notwithstanding any other provision of
law, funds appropriated under this heading may be used for advertising
and promotional activities that directly support program activities
funded in this title: Provided further, That the Secretary shall
provide the House and Senate Committees on Appropriations quarterly
written notification regarding the status of pending congressional
reports: Provided further, That the Secretary shall provide in
electronic form all signed reports required by Congress: Provided
further, That none of the funds made available under this heading for
the Office of the Chief Financial Officer for the financial
transformation initiative shall be available for obligation until after
the Secretary publishes the necessary administrative requirements for
amounts made available to provide enhanced or improved electrical power
systems under the heading ``Department of Housing and Urban
Development--Community Development Fund'' in Public Law 115-123:
Provided further, That only after the terms and conditions of the
preceding proviso have been met, not more than 10 percent of the funds
made available under this heading for the Office of the Chief Financial
Officer for the financial transformation initiative may be obligated
until the Secretary submits to the House and Senate Committees on
Appropriations, for approval, a plan for expenditure that includes the
financial and internal control capabilities to be delivered and the
mission benefits to be realized, key milestones to be met, and the
relationship between the proposed use of funds made available under
this heading and the projected total cost and scope of the initiative.
program offices
For necessary salaries and expenses for Program Offices,
$909,595,000, to remain available until September 30, 2022: Provided,
That of the amounts made available under this heading--
(1) not to exceed $245,000,000 shall be available for the
Office of Public and Indian Housing;
(2) not to exceed $138,290,000 shall be available for the
Office of Community Planning and Development;
(3) not to exceed $400,000,000 shall be available for the
Office of Housing, of which not less than $12,300,000 shall be
for the Office of Recapitalization;
(4) not to exceed $35,443,000 shall be available for the
Office of Policy Development and Research;
(5) not less than $81,000,000 shall be available for the
Office of Fair Housing and Equal Opportunity; and
(6) not less than $9,862,000 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 (``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 to the
Fund under this heading, including reimbursements pursuant to section
7(f), 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 customer devices and support;
talent management; printing; records management; space renovation;
furniture; or supply services the Secretary has determined shall be
provided through the Fund, and for the operational expenses of the
Fund: Provided, That amounts from 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 under 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: Provided further, That
the Secretary may transfer not to exceed an additional $10,000,000, in
aggregate, from all such appropriations, to be merged with the Fund and
to remain available until expended for any purpose under this heading.
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, $21,739,312,000, to remain available until
expended, which shall be available on October 1, 2020 (in addition to
the $4,000,000,000 previously appropriated under this heading that
shall be available on October 1, 2020), and $4,000,000,000, to remain
available until expended, which shall be available on October 1, 2021:
Provided, That the amounts made available under this heading are
provided as follows:
(1) $22,852,000,000 shall be for renewals of expiring
section 8 tenant-based annual contributions contracts
(including renewals of enhanced vouchers under any provision of
law authorizing such assistance under section 8(t) of the Act
and as authorized under 613(b) of the Cranston-Gonzales
National Affordable Housing Act (12 U.S.C. 4125(b))) and
including renewal of other special purpose incremental
vouchers: Provided, That notwithstanding any other provision
of law, from amounts provided under this paragraph and any
carryover, the Secretary shall for the calendar year 2021
funding cycle, 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
that exceeds a public housing agency's authorized level of
units under contract, except for public housing agencies
participating in the Moving to Work (in this title ``MTW'')
demonstration, which shall instead be governed by the terms and
conditions of their MTW agreements: Provided further, That the
Secretary shall, to the extent necessary not to exceed 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
succeeding 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
budgets by the latter of 60 days after enactment of this Act or
March 1, 2021: Provided further, That the Secretary may extend
the notification period under the preceding proviso 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 pursuant
to their MTW agreements 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 2021 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 2020 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 2021 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; (C) for
adjustments for costs associated with HUD-Veterans Affairs
Supportive Housing (HUD-VASH) vouchers under section 8(o)(19)
of the Act; (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; and (F) 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) $125,000,000 shall be 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, the family unification program under section 8(x) of the
Act, relocation of witnesses 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 properties
financed under section 202 of the Housing Act of 1959 (12
U.S.C. 1701q) between 1959 and 1974 that are refinanced
pursuant to Public Law 106-569 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 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: Provided further, That of the amounts provided in
this paragraph, at least $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 United States Housing Act of 1937 (42
U.S.C. 1437f(t), (o)(13)): Provided further, That the
Secretary shall issue guidance to implement the preceding
provisos, including requirements for defining eligible at-risk
households within 60 days of the enactment of this Act:
Provided further, That any tenant protection voucher made
available from amounts provided in 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 terminate: Provided
further, That the Secretary may provide section 8 rental
assistance from amounts provided in this paragraph for units
assisted under a project-based subsidy contract funded under
the ``Project-Based Rental Assistance'' heading under this
title if the owner has received a Notice of Default and the
units pose an imminent health and safety risk to residents:
Provided further, That to the extent that the Secretary
determines that such units are not feasible for continued
rental assistance payments or transfer of the subsidy contract
associated with such units to another project or projects and
owner or owners, any remaining amounts associated with such
units under such contract shall be recaptured and used to
reimburse amounts used under this paragraph for rental
assistance under the preceding proviso;
(3) $2,154,812,000 shall be 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
not less than $2,124,812,000 of the amount provided in this
paragraph shall be allocated to public housing agencies for the
calendar year 2021 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 provided in 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 carryovers, 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
pursuant to their MTW agreements, and shall be subject to the
same uniform percentage decrease as under the preceding
proviso: Provided further, That amounts provided in 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) $310,000,000 shall be 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 under 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 allocations
for public housing agencies, after applications for such 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 saving 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 available for non-elderly persons with
disabilities;
(5) $2,500,000 shall be for rental assistance and
associated administrative fees for the Tribal HUD-VASH program
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 amounts provided in this paragraph 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 may 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 (25 U.S.C. 4101
et seq.) and modeled after the HUD-VASH program: 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 provided in this paragraph (except for requirements
related to fair housing, nondiscrimination, labor standards,
and the environment), upon a finding by the Secretary that any
such waivers or alternative requirements are necessary for the
effective delivery and administration of such assistance:
Provided further, That grant recipients shall report to the
Secretary on utilization of such rental assistance and other
program data, as prescribed by the Secretary: Provided
further, That the Secretary may reallocate, as determined by
the Secretary, amounts returned or recaptured from awards under
the Tribal HUD-VASH program under prior Acts to existing
recipients under the Tribal HUD-VASH program;
(6) $20,000,000 shall be for incremental rental voucher
assistance for use through a supported housing program
administered in conjunction with the Department of Veterans
Affairs as authorized under section 8(o)(19) of the United
States Housing Act of 1937: Provided, That the Secretary shall
make such funding available, notwithstanding section 203 of
this title (competition provision), to public housing agencies
that partner with eligible VA Medical Centers or other entities
as designated by the Secretary of the Department of Veterans
Affairs, based on geographical need for such assistance as
identified by the Secretary of Veterans Affairs, public housing
agency administrative performance, and other factors as
specified by the Secretary of Housing and Urban Development in
consultation with the Secretary of Veterans Affairs: Provided
further, That the Secretary of Housing and Urban Development
may waive, or specify alternative requirements for (in
consultation with the Secretary of Veterans Affairs), any
provision of any statute or regulation that the Secretary of
Housing and Urban Development administers in connection with
the use of funds provided in this paragraph (except for
requirements related to fair housing, nondiscrimination, labor
standards, and the environment), upon a finding by the
Secretary that any such waivers or alternative requirements are
necessary for the effective delivery and administration of such
voucher assistance: Provided further, That assistance made
available under this paragraph shall continue to remain
available for homeless veterans upon turnover;
(7) $25,000,000 shall be for the family unification program
authorized under section 8(x) of the Act: Provided, That the
amounts provided in this paragraph shall be provided as
follows:
(A) $5,000,000 shall be for new incremental voucher
assistance: Provided, That the assistance made
available under this subparagraph shall continue to
remain available for family unification upon turnover;
and
(B) $20,000,000 shall be for new incremental
voucher assistance to assist eligible youths as defined
by such section 8(x)(2)(B): Provided, That assistance
made available under this subparagraph shall continue
to remain available for such eligible youths upon
turnover: Provided further, That of the total amount
made available under this subparagraph, up to
$10,000,000 shall be available on a noncompetitive
basis to public housing agencies that partner with
public child welfare agencies to identify such eligible
youths, that request such assistance to timely assist
such eligible youths, and that meet any other criteria
as specified by the Secretary: Provided further, That
the Secretary shall review utilization of the
assistance made available under the preceding proviso,
at an interval to be determined by the Secretary, and
unutilized voucher assistance that is no longer needed
shall be recaptured by the Secretary and reallocated
pursuant to the preceding proviso: Provided further,
That for any public housing agency administering
voucher assistance appropriated in a prior Act under
the family unification program, or made available and
competitively selected under this paragraph, that
determines that it no longer has an identified need for
such assistance upon turnover, such agency shall notify
the Secretary, and the Secretary shall recapture such
assistance from the agency and reallocate it to any
other public housing agency or agencies based on need
for voucher assistance in connection with such
specified program or eligible youths, as applicable;
and
(8) $250,000,000 shall be for incremental rental voucher
assistance under section 8(o) of the United States Housing Act
of 1937 for use by individuals and families who are homeless,
as defined in section 103(a) of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11302(a)), at risk of homelessness,
as defined in section 401(1) of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11360(1)), or fleeing, or attempting
to flee, domestic violence, dating violence, sexual assault, or
stalking or for veterans and families that include a veteran
family member: Provided, That of such amount not less than
$40,000,000 shall be available for individuals and families who
are fleeing, or attempting to flee, domestic violence, dating
violence, sexual assault, or stalking, and not less than
$40,000,000 shall be available for veterans and families that
include a veteran family member: Provided further, That the
Secretary shall make such funding available, notwithstanding
section 203 of this title (competition provision) to public
housing agencies that partner with eligible Continuums of Care
or other entities as designated by the Secretary, based on
geographical need of such assistance, public housing agency
administrative performance, and other factors as specified by
the Secretary: Provided further, That, the Secretary shall give
preference to applicants that demonstrate a strategy to
coordinate assistance with services available in the community:
Provided further, That the Secretary may waive, or specify
alternative requirements for, any provision or 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
voucher assistance: Provided further, That none of the funds
provided in this paragraph may be used to require people
experiencing homelessness to receive treatment or perform any
other prerequisite activities as a condition for receiving
shelter, housing or other services: Provided further, That the
Secretary shall issue guidance to implement the preceding
proviso.
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 2021 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 capital fund
For the Public Housing Capital Fund Program to carry out capital
and management activities for public housing agencies, as authorized
under section 9 of the Act (42 U.S.C. 1437g) $3,180,000,000, to remain
available until September 30, 2024: Provided, That notwithstanding any
other provision of law or regulation, during fiscal year 2021, the
Secretary 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) 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:
Provided further, That of the total amount made available under this
heading, up to $23,000,000 shall be to support ongoing public housing
financial and physical assessment activities: Provided further, That
of the total amount made available under this heading, up to $1,000,000
shall be to support the costs of administrative and judicial
receiverships: Provided further, That of the total amount provided
under this heading, not to exceed $74,650,000 shall be available for
the Secretary to make grants, notwithstanding section 203 of this Act,
to public housing agencies for emergency capital needs including safety
and security measures necessary to address crime and drug-related
activity and 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 2021, of which $34,650,000 shall be available for public housing
agencies under administrative and judicial receiverships or under the
control of a Federal monitor: Provided further, That of the amount
made available under the preceding proviso, 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, 2022, for emergency
capital needs have been processed, shall be allocated to public housing
agencies for such safety and security measures: Provided further, That
with respect to amounts made available under this heading, the
limitation in section 9(g)(1) of the Act shall be applied by
substituting 25 percent for the percentage specified in such section:
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 heading, the Secretary shall provide
bonus awards in fiscal year 2021 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: Provided further, That of the total
amount provided under this heading, $125,000,000 shall be for
competitive grants to public housing agencies to evaluate and reduce
lead-based paint hazards and other housing-related hazards including
carbon monoxide (including for activities supporting the installation
and replacement of carbon monoxide alarms or of combination smoke
detector-carbon monoxide alarm devices) and mold in public housing:
Provided further, That of the amounts available under the preceding
proviso, not less than $25,000,000 shall be for competitive grants to
public housing agencies to evaluate and reduce lead-based paint hazards
in public housing by carrying out the activities of risk assessments,
abatement, and interim controls (as those terms are defined in section
1004 of the Residential Lead-Based Paint Hazard Reduction Act of 1992
(42 U.S.C. 4851b)): Provided further, That of the total amount made
available under this heading, up to $30,000,000 shall be available
until September 30, 2023 for competitive grants to public housing
agencies (in this title ``PHAs''), including agencies participating in
the MTW demonstration, for full lead service line replacement, with
eligibility limited to PHAs where the relevant public water system will
undergo or has recently undertaken a comprehensive water main
replacement program: Provided further, That for purposes of
environmental review, a grant under the preceding three provisos shall
be considered funds for projects or activities under title I of the
United States Housing Act of 1937 (42 U.S.C. 1437 et seq.) for purposes
of section 26 of such Act (42 U.S.C. 1437x) and shall be subject to the
regulations implementing such section: Provided further, That for
funds made available under the preceding four provisos, the Secretary
shall allow a PHA to apply for up to 20 percent of the funds made
available under the first two of such provisos and prioritize need when
awarding grants: Provided further, That $5,000,000 of the amounts made
available under this heading shall be for a radon testing and
mitigation resident safety demonstration program (the radon
demonstration) in public housing: Provided further, 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
$25,000,000 of the amounts made available under this heading shall be
for competitive grants to public housing agencies for the installation
of automatic sprinkler systems.
public housing operating fund
For 2021 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)), $4,649,000,000,
to remain available until September 30, 2022: Provided, That of the
total amount made available under this heading, $25,000,000 shall be
available to the Secretary to allocate pursuant to a need-based
application process notwithstanding section 203 of this title and not
subject to the Operating Fund formula under part 990 of title 24, Code
of Federal Regulations to public housing agencies that experience
financial insolvency, as determined by the Secretary: Provided
further, That after all such insolvency needs are met, the Secretary
may distribute any remaining funds to all public housing agencies on a
pro-rata basis pursuant to the Operating Fund formula under part 990 of
title 24, Code of Federal Regulations.
choice neighborhoods initiative
For competitive grants under the Choice Neighborhoods Initiative
(subject to section 24 of the United States Housing Act of 1937 (42
U.S.C. 1437v) unless otherwise specified under this heading), for
transformation, rehabilitation, and replacement housing needs of both
public and HUD-assisted housing and to transform neighborhoods of
poverty into functioning, sustainable mixed income neighborhoods with
appropriate services, schools, public assets, transportation and access
to jobs, $250,000,000, to remain available until September 30, 2023:
Provided, That grant funds may be used for resident and community
services, community development, and affordable housing needs in the
community, and for conversion of vacant or foreclosed properties to
affordable housing: Provided further, That the use of funds made
available under this heading shall not be deemed to be for public
housing notwithstanding section 3(b)(1) of such Act: Provided further,
That grantees shall commit to an additional period of affordability
determined by the Secretary of not fewer than 20 years: Provided
further, That grantees shall provide a match in State, local, other
Federal or private funds: Provided further, That grantees may include
local governments, tribal entities, public housing agencies, and
nonprofit organizations: Provided further, That for-profit developers
may apply jointly with a public entity: Provided further, That for
purposes of environmental review, a grantee shall be treated as a
public housing agency under section 26 of the United States Housing Act
of 1937 (42 U.S.C. 1437x), and grants made with amounts available under
this heading shall be subject to the regulations issued by the
Secretary to implement such section: Provided further, That of the
amount provided under this heading, not less than $125,000,000 shall be
awarded to public housing agencies: Provided further, That such
grantees shall create partnerships with other local organizations,
including assisted housing owners, service agencies, and resident
organizations: Provided further, That the Secretary shall consult with
the Secretaries of Education, Labor, Transportation, Health and Human
Services, Agriculture, and Commerce, the Attorney General, and the
Administrator of the Environmental Protection Agency to coordinate and
leverage other appropriate Federal resources: Provided further, That
not more than $5,000,000 of funds made available under this heading may
be provided as grants to undertake comprehensive local planning with
input from residents and the community: Provided further, That
unobligated balances, including recaptures, remaining from funds
appropriated under the heading ``Revitalization of Severely Distressed
Public Housing (HOPE VI)'' in fiscal year 2011 and prior fiscal years
may be used for purposes under this heading, notwithstanding the
purposes for which such amounts were appropriated: Provided further,
That the Secretary shall issue the Notice of Funding Availability for
funds made available under this heading not later than 90 days after
enactment of this Act: Provided further, That the Secretary shall make
grant awards not later than one year after the date of enactment of
this Act in such amounts that the Secretary determines: Provided
further, That notwithstanding section 24(o) of the United States
Housing Act of 1937 (42 U.S.C. 1437v(o)), the Secretary may, until
September 30, 2024, obligate any available unobligated balances made
available under this heading in this or any prior Act.
self-sufficiency programs
For activities and assistance related to Self-Sufficiency Programs,
to remain available until September 30, 2024, $155,000,000: Provided,
That the amounts made available under this heading are provided as
follows:
(1) $105,000,000 shall be 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 to enable eligible
families to achieve economic independence and self-sufficiency:
Provided, That the Secretary may, by Federal Register notice,
waive or specify alternative requirements for, the requirements
under subsections (b)(3), (b)(4), (b)(5), or (c)(1) of section
23 of such Act in order to facilitate the operation of a
unified self-sufficiency program for individuals receiving
assistance under different provisions of the Act, as determined
by the Secretary: Provided further, That an owner or sponsor
of a multifamily property receiving project-based rental
assistance under section 8 shall be eligible to receive awards
from the Secretary under this paragraph to support family self-
sufficiency coordinators: Provided further, That owners or
sponsors of a multifamily property receiving project-based
rental assistance under section 8 may voluntarily make a Family
Self-Sufficiency program available to the assisted tenants of
such property in accordance with procedures established by the
Secretary: Provided further, That such procedures established
pursuant to the preceding proviso shall permit participating
tenants to accrue escrow funds in accordance with section
23(d)(2) and shall allow owners to use funding from residual
receipt accounts to hire coordinators for their own Family
Self-Sufficiency program;
(2) $35,000,000 shall be for the Resident Opportunity and
Self-Sufficiency program to provide for supportive services,
service coordinators, and congregate services as authorized by
section 34 of the United States Housing Act of 1937 (42 U.S.C.
1437z-6) and the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4101 et seq.); and
(3) $15,000,000 shall be for a Jobs-Plus initiative,
modeled after the Jobs-Plus demonstration: Provided, That
funding provided in this paragraph shall be available for
competitive grants to partnerships between public housing
agencies, 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 shall 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 not later than 10 days before
the effective date of such notice: Provided further, That
amounts made available for the Jobs-Plus initiative in prior
acts under the heading ``Public Housing Capital Fund'' that
remain available or are subsequently recaptured shall be
transferred to this account and shall be available for the
purposes of this paragraph.
native american programs
(including transfer of funds)
For activities and assistance authorized under title I of the
Native American Housing Assistance and Self-Determination Act of 1996
(``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,
$835,000,000, to remain available until September 30, 2025, unless
otherwise specified: Provided, That the amounts made available under
this heading are provided as follows:
(1) $646,000,000 shall be 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 60 days
after the date of enactment of this Act;
(2) $2,000,000 shall be for the cost of guaranteed notes
and other obligations, as authorized by title VI of NAHASDA:
Provided, That such costs, including the costs 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 for fiscal year 2021, the
Secretary may subsidize the total principal amount of any notes
and other obligations, any part of which is to be guaranteed,
not to exceed $61,298,904: Provided further, That any
unobligated balances, including recaptures and carryover,
remaining from amounts appropriated for this purpose under this
heading or under the heading ``Native American Housing Block
Grants'' in prior Acts may be used for costs of such guaranteed
notes and other obligations, subject to the limitation under
the preceding proviso on the total principal amount of such
notes and obligations that may be guaranteed;
(3) $110,000,000 shall be for competitive grants under the
Native American Housing Block Grants program, as authorized
under title I of NAHASDA: Provided, That the Secretary shall
obligate this additional amount for competitive grants to
eligible recipients authorized under NAHASDA that apply for
funds: Provided further, That in awarding this additional
amount, the Secretary shall consider need and administrative
capacity and shall give priority to projects that will spur
construction and rehabilitation: Provided further, That a
grant funded pursuant to this paragraph shall be in an amount
not less than $500,000 and not greater than $10,000,000:
Provided further, That up to 1 percent of the amounts made
available in this paragraph may be transferred, in aggregate,
to ``Program Offices--Public and Indian Housing'' for necessary
costs of administering and overseeing the obligation and
expenditure of this additional amount and of additional amounts
made available in prior fiscal years, to remain available until
September 30, 2026: Provided further, That any amounts
transferred pursuant to the preceding proviso in prior Acts may
also be used for the purposes described in the preceding
proviso;
(4) $70,000,000 shall be 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), up to $4,000,000 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: Provided further, That amounts made available
in this paragraph shall remain available until September 30,
2023; and
(5) $7,000,000 shall be for providing training and
technical assistance to Indian tribes, Indian housing
authorities, and tribally designated housing entities to
support the inspection of Indian housing units, for contract
expertise, and for training and technical assistance related to
amounts made available under this heading and other headings in
this Act for the needs of Native American families and Indian
country: Provided, That of the amounts made available in this
paragraph, not less than $2,000,000 shall be for a national
organization as authorized under section 703 of NAHASDA (25
U.S.C. 4212): Provided further, That amounts made available in
this paragraph may be used, contracted, or competed as
determined by the Secretary: Provided further, That
notwithstanding chapter 63 of title 31, United States Code
(commonly known as the Federal Grant and Cooperative Agreements
Act of 1977), the amounts made available in this paragraph may
be used by the Secretary to enter into cooperative agreements
with public and private organizations, agencies, institutions,
and other technical assistance providers to support the
administration of negotiated rulemaking under section 106 of
NAHASDA (25 U.S.C. 4116), the administration of the allocation
formula under section 302 of NAHASDA (25 U.S.C. 4152), and the
administration of performance tracking and reporting under
section 407 of NAHASDA (25 U.S.C. 4167).
indian housing loan guarantee fund program account
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), $1,100,000, to remain available until expended: Provided, That
such costs, including the costs of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of 1974 (2
U.S.C. 661a): Provided further, That an additional $500,000, to remain
available until expended, shall be for administrative contract
expenses, including management processes to carry out the loan
guarantee program: Provided further, That for fiscal year 2021, the
Secretary may subsidize total loan principal, any part of which is to
be guaranteed, up to $1,000,000,000: Provided further, That any
unobligated balances, including recaptures and carryover, remaining
from amounts made available under this heading in prior Acts may be
used for costs of such guaranteed loans, subject to the total loan
principal guarantee limitation under the preceding proviso.
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.), $4,000,000, to
remain available until September 30, 2025: 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.
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.), $430,000,000, to remain available until September 30,
2022, except that amounts allocated pursuant to section 854(c)(5) of
such Act shall remain available until September 30, 2023: Provided,
That the Secretary shall renew 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 Department shall notify grantees of their formula allocation
within 60 days of enactment of this Act.
community development fund
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''),
$3,525,000,000, to remain available until September 30, 2023, unless
otherwise specified: Provided, That unless explicitly provided for
under this heading, not to exceed 20 percent of any grant made with
funds made available under this heading 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
heading 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 heading 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: Provided further,
That of the total amount provided under this heading, $25,000,000 shall
be for activities authorized under section 8071 of the SUPPORT for
Patients and Communities Act (Public Law 115-271): Provided further,
That the funds allocated pursuant to the preceding proviso shall not
adversely affect the amount of any formula assistance received by a
State under this heading: Provided further, That the Secretary shall
allocate the funds for such activities based on the percentages shown
in Table 1 of the Notice establishing the funding formula published in
Volume 84 of the Federal Register, on page 16027 (April 17, 2019):
Provided further, That the Department of Housing and Urban Development
shall notify grantees of their formula allocation within 60 days of
enactment of this Act: Provided further, That the Office of the Chief
Financial Officer of the Department of Housing and Urban Development
and the Office of Management and Budget shall submit reports and
accompanying briefings no less frequently than monthly, on the status
of funds appropriated under this heading in Public Law 115-123, to
include the information specified in the report accompanying this Act:
Provided further, That, notwithstanding any other provision of law,
amounts made available under this heading in Public Law 115-123 shall
hereafter be exempt from apportionment under chapter 15 of title 31,
United States Code: Provided further, That amounts repurposed pursuant
to the preceding proviso that were previously designated by the
Congress as an emergency requirement pursuant to the Balanced Budget
and Emergency Deficit Control Act of 1985 are designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
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 2021, 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 nonentitlement
areas that received the commitment.
home investment partnerships program
For the HOME Investment Partnerships program, as authorized under
title II of the Cranston-Gonzalez National Affordable Housing Act, as
amended (42 U.S.C. 12721 et seq.), $1,700,000,000, to remain available
until September 30, 2024: Provided, That notwithstanding the amount
made available under this heading, the threshold reduction requirements
in sections 216(10) and 217(b)(4) of such Act shall not apply to
allocations of such amount: 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 2016, 2017, 2018, 2019, 2020,
2021, 2022, or 2023 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 2018, 2019, 2020, 2021, 2022, or 2023 under that section.
self-help and assisted homeownership opportunity program
For the Self-Help and Assisted Homeownership Opportunity Program,
as authorized under section 11 of the Housing Opportunity Program
Extension Act of 1996 (42 U.S.C. 12805 note), $60,000,000, to remain
available until September 30, 2023: Provided, That of the total amount
made available under this heading, $10,000,000 shall be for the Self-
Help Homeownership Opportunity Program as authorized under such section
11: Provided further, That of the total amount made available under
this heading, $45,000,000 shall be 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
further, That of the total amount made available under this heading,
$5,000,000 shall be for capacity building by national rural housing
organizations having experience assessing national rural conditions and
providing financing, training, technical assistance, information, and
research to local nonprofit organizations, local governments, and
Indian Tribes serving high need rural communities.
homeless assistance grants
For assistance under title IV of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11360 et seq.), $3,415,000,000, to remain
available until September 30, 2023: Provided, That of the amounts made
available under this heading--
(1) not less than $290,000,000 shall be for the Emergency
Solutions Grants program authorized under subtitle B of such
title IV (42 U.S.C. 11371 et seq.): Provided further, 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) not less than $2,586,000,000 shall be 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 further, 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 amounts made available for the Continuum
of Care program under this heading in this and 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) up to $75,000,000 shall be for grants for rapid re-
housing projects and supportive service projects providing
coordinated entry, and for eligible activities the Secretary
determines to be critical in order to assist survivors of
domestic violence, dating violence, sexual assault, or
stalking, except that the Secretary may make additional grants
for such projects and purposes from amounts made available for
such Continuum of Care program: Provided further, That such
projects shall be eligible for renewal under the Continuum of
Care program subject to the same terms and conditions as other
renewal applicants;
(4) up to $7,000,000 shall be for the national homeless
data analysis project;
(5) up to $82,000,000 shall be for grants for projects
awarded to communities for the purpose of providing housing and
services to unaccompanied youth who are homeless, as defined in
section 103(a)(6) of the McKinney-Vento Homeless Assistance Act
(42 U.S.C. 11302(a)(6)) or any other Federal statute, except
that the Secretary may make additional grants for such projects
and purposes from amounts made available for such Continuum of
Care program;
(6) up to $70,000,000 shall be for Youth Homelessness
Systems Planning Grants to support Continuum of Care
communities in modernizing youth homelessness responses through
systems change and capacity building:
(7) up to $10,000,000 shall be for providing technical
assistance 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;
(8) $250,000,000 shall be for projects to reduce
unsheltered homelessness: Provided further, That in making
awards with the amounts provided in this paragraph, the
Secretary shall give priority to projects located in areas with
high numbers or rates of unsheltered homeless or high rates of
increase in the number of unsheltered homeless: Provided
further, That the Secretary shall provide incentives to
establish projects that coordinate with housing providers,
healthcare organizations and social service providers to reduce
unsheltered homelessness: Provided further, That none of the
funds provided in this paragraph may be used to require people
experiencing homelessness to receive treatment or perform any
other prerequisite activities as a condition for receiving
shelter, housing or other services;
(9) $25,000,000 shall be for competitive grants to
nonprofit or governmental entities to provide legal assistance
(including assistance related to pretrial activities, trial
activities, post-trial activities and alternative dispute
resolution) at no cost to eligible low-income tenants at risk
of or subject to eviction: Provided further, That in awarding
grants under the preceding proviso, the Secretary shall give
preference to applicants that will use funds to provide
services for residents of census tracts with high rates of
eviction, have experience providing no-cost legal assistance to
low-income individuals, including those with limited English
proficiency or disabilities, and have sufficient capacity to
administer such assistance: Provided further, That the
Secretary shall ensure, to the extent practicable, that the
proportion of eligible tenants living in rural areas who will
receive legal assistance with grants funds made available under
this section is not less than the overall proportion of
eligible tenants who live in rural areas; and
(10) $20,000,000 shall be for providing technical
assistance as authorized under section 405 of the McKinney-
Vento Homeless Assistance Act (42 U.S.C. 11361b):
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 for all matching funds requirements applicable to funds made
available under this heading for this fiscal year and prior fiscal
years, a grantee may use (or could have used) as a source of match
funds other funds administered by the Secretary and other Federal
agencies unless there is (or was) a specific statutory prohibition on
any such use of any such funds: Provided further, That none of the
funds made available under this heading shall be available to provide
funding for new projects, except for projects created through
reallocation, unless the Secretary determines that the Continuum of
Care has demonstrated that projects are evaluated and ranked based on
the degree to which they improve the Continuum of Care's system
performance: Provided further, That any unobligated amounts remaining
from funds made available under this heading in fiscal year 2012 and
prior years for project-based rental assistance for rehabilitation
projects with 10-year grant terms may be used for purposes under this
heading, notwithstanding the purposes for which such funds were
appropriated: Provided further, That all balances for Shelter Plus
Care renewals previously funded from the Shelter Plus Care Renewal
account and transferred to this account shall be available, if
recaptured, for Continuum of Care renewals in fiscal year 2021:
Provided further, That when awarding funds under the Continuum of Care
program, the Secretary shall not deviate from the Fiscal Year 2018
Notice of Funding Availability with respect to the tier 2 funding
process, the Continuum of Care application scoring, and, for new
projects, the project quality threshold requirements, except as
otherwise provided under this Act or as necessary to award all
available funds or consider the most recent data from each Continuum of
Care: 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.
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.) (in this heading ``the Act''), not otherwise
provided for, $13,051,000,000, to remain available until expended,
which shall be available on October 1, 2020 (in addition to the
$400,000,000 previously appropriated under this heading that became
available October 1, 2020), and $400,000,000, to remain available until
expended, which shall be available on October 1, 2021: Provided, That
the amounts made available under this heading shall be 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
made available under this heading, not to exceed $350,000,000 shall be
for performance-based contract administrators or contractors for
section 8 project-based assistance, as such term is defined in
subsection (f) of such section: Provided further, That the Secretary
may also use such amounts provided in the preceding proviso for
performance-based contract administrators or contractors for the
administration of: (1) interest reduction payments pursuant to section
236(a) of the National Housing Act (12 U.S.C. 1715z-1(a)); (2) rent
supplement payments pursuant to section 101 of the Housing and Urban
Development Act of 1965 (12 U.S.C. 1701s); (3) rental assistance
payments under section 236(f)(2) of the National Housing Act (12 U.S.C.
1715z-1(f)(2)); (4) project rental assistance contracts for housing for
the elderly under section 202(c)(2) of the Housing Act of 1959 (12
U.S.C. 1701(c)(2)); (5) 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)); (6) project assistance contracts pursuant to
section 202(h) of the Housing Act of 1959 (12 U.S.C. 1701q(h)); and (7)
loans under section 202 of the Housing Act of 1959 (12 U.S.C. 1701q):
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 assistance contracts or for performance-
based contract administrators or contractors, 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
recaptured for use under this heading and shall be available until
expended.
housing for the elderly
For capital advances, including amendments to capital advance
contracts, for housing for the elderly, as authorized by section 202 of
the Housing Act of 1959 (12 U.S.C. 1701q), for project rental
assistance for the elderly under section 202(c)(2) of such Act,
including amendments to contracts for such assistance and renewal of
expiring contracts for such assistance for up to a 1-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, $893,000,000 to remain available
until September 30, 2024: Provided, That of the amount made available
under this heading, up to $110,000,000 shall be for service
coordinators and the continuation of existing congregate service grants
for residents of assisted housing projects: Provided further, That
amounts made available under this heading shall be available for Real
Estate Assessment Center inspections and inspection-related activities
associated with section 202 projects: Provided further, That the
Secretary may waive the provisions of section 202 governing the terms
and conditions of project rental assistance, except that the initial
contract term for such assistance shall not exceed 5 years in duration:
Provided further, That upon request of the Secretary, project funds
that are held in residual receipts accounts for any project subject to
a section 202 project rental assistance contract, and that upon
termination of such contract are in excess of an amount to be
determined by the Secretary, shall be recaptured for use for the
purposes authorized under this heading and shall remain available until
September 30, 2024: Provided further, That unobligated balances,
including recaptures and carryover, remaining from funds transferred to
or made available under this heading shall be available for the
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
$14,000,000 shall be used by the Secretary to continue demonstration
programs to test housing with services models for the elderly that
demonstrate the potential to delay or avoid the need for nursing home
care: Provided further, That of the total amount made available under
this heading, up to $10,000,000 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.
housing for persons with disabilities
For capital advances, including amendments to capital advance
contracts, for supportive housing for persons with disabilities, as
authorized by section 811 of the Cranston-Gonzalez National Affordable
Housing Act (42 U.S.C. 8013), for project rental assistance for
supportive housing for persons with disabilities under section
811(d)(2) of such Act, for project assistance contracts pursuant to
subsection (h) of section 202 of the Housing Act of 1959, as added by
section 205(a) of the Housing and Community Development Amendments of
1978 (Public Law 95-557: 92 Stat. 2090), including amendments to
contracts for such assistance and renewal of expiring contracts for
such assistance for up to a 1-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, $227,000,000, to remain available until
September 30, 2024: Provided, That amounts made available under this
heading shall be available for Real Estate Assessment Center
inspections and inspection-related activities associated with section
811 projects: Provided further, That, upon the request of the
Secretary, project funds that are held in residual receipts accounts
for any project subject to a section 811 project rental assistance
contract, and that upon termination of such contract are in excess of
an amount to be determined by the Secretary, shall be recaptured for
use for the purposes authorized under this heading and shall remain
available until September 30, 2024: Provided further, That unobligated
balances, including recaptures and carryover, remaining from funds
transferred to or appropriated under this heading shall be used for the
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 (12 U.S.C. 1701x), $75,000,000, to remain available until
September 30, 2022, of which up to $4,500,000 shall be for
administrative contract services: Provided, That grants using amounts
made available under this heading shall be awarded within 180 days of
enactment of this Act: Provided further, That funds shall be used for
providing counseling and advice to tenants and homeowners, current and
prospective, with respect to property maintenance, financial management
and literacy, foreclosure and eviction mitigation, 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 amounts made available under this heading may be used to purchase
equipment and technology to deliver services through use of the
Internet or other electronic or virtual means in response to the public
health emergency related to the Coronavirus Disease 2019 (COVID-19)
pandemic: Provided further, That for purposes of providing such grants
from amounts made available under this heading, the Secretary may enter
into multiyear agreements, as appropriate, subject to the availability
of annual appropriations.
payment to manufactured housing fees trust fund
For necessary expenses as authorized by the National Manufactured
Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 5401
et seq.), up to $13,000,000, to remain available until expended, of
which $13,000,000 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 2021 so as to result
in a final fiscal year 2021 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 2021
appropriation: Provided further, That the Secretary shall issue a
final rule to complete rulemaking initiated by the proposed rule
entitled ``Manufactured Housing Program: Minimum Payments to the
States'' published in the Federal Register on December 16, 2016 (81
Fed. Reg. 91083): 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 (established under section 202(a) of the
National Housing Act (12 U.S.C. 1708(a)) shall not exceed
$400,000,000,000 in aggregate loan principal, to remain available until
September 30, 2022: Provided, That during fiscal year 2021,
obligations to make direct loans to carry out the purposes of section
204(g) of the National Housing Act (12 U.S.C. 1710(g)) shall not exceed
$1,000,000: Provided further, That the 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, $130,000,000, to remain available until
September 30, 2022: Provided further, That to the extent guaranteed
loan commitments exceed $200,000,000,000 on or before April 1, 2021, an
additional $1,400 for administrative contract expenses shall be
available for each $1,000,000 in additional guaranteed loan commitments
(including a pro rata amount for any amount below $1,000,000), but in
no case shall funds made available by this proviso exceed $30,000,000:
Provided further, That notwithstanding the limitation in the first
sentence of section 255(g) of the National Housing Act (12 U.S.C.
1715z-20(g)), during fiscal year 2021 the Secretary may insure and
enter into new commitments to insure mortgages under section 255 of
such Act only to the extent that the net credit subsidy cost for such
insurance does not exceed zero: Provided further, That for fiscal year
2021, the Secretary shall not take any action against a lender solely
on the basis of compare ratios that have been adversely affected by
defaults on mortgages secured by properties in areas where a major
disaster was declared in 2017 or 2018 pursuant to the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121
et seq.).
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 $30,000,000,000 in aggregate loan principal, any part of which
is to be guaranteed, to remain available until September 30, 2022:
Provided, That during fiscal year 2021, 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(g) of the National Housing Act, as amended (12 U.S.C.
1721(g)), shall not exceed $1,500,000,000,000 in aggregate principal,
to remain available until September 30, 2022: Provided, That
$55,500,000, to remain available until September 30, 2022, shall be for
necessary salaries and expenses of the Office of Government National
Mortgage Association: Provided further, That to the extent that
guaranteed loan commitments exceed $155,000,000,000 on or before April
1, 2021, an additional $100 for necessary salaries and expenses shall
be available until expended for each $1,000,000 in additional
guaranteed loan commitments (including a pro rata amount for any amount
below $1,000,000), but in no case shall funds made available by this
proviso exceed $3,000,000: Provided further, That receipts from
Commitment and Multiclass fees collected pursuant to title III of the
National Housing Act (12 U.S.C. 1716 et seq.) shall be credited as
offsetting collections to this account.
Policy Development and Research
research and technology
For contracts, grants, and necessary expenses of programs of
research and studies relating to housing and urban problems, not
otherwise provided for, as authorized by title V of the Housing and
Urban Development Act of 1970 (12 U.S.C. 1701z-1 et seq.), including
carrying out the functions of the Secretary of Housing and Urban
Development under section 1(a)(1)(i) of Reorganization Plan No. 2 of
1968, and for technical assistance, $118,000,000, to remain available
until September 30, 2022: 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), $80,300,000, to remain
available until September 30, 2022: Provided, That grants from amounts
made available under this heading shall be awarded not later than 180
days after enactment of this Act: Provided further, That
notwithstanding section 3302 of title 31, United States Code, the
Secretary may assess and collect fees to cover the costs of the Fair
Housing Training Academy, and may use such funds to develop on-line
courses and provide such training: Provided further, That none of the
funds made available under this heading may be used to lobby the
executive or legislative branches of the Federal Government in
connection with a specific contract, grant, or loan: Provided further,
That of the funds made available under this heading, $350,000 shall be
available to the Secretary for the creation and promotion of translated
materials and other programs that support the assistance of persons
with limited English proficiency in utilizing the services provided by
the Department of Housing and Urban Development.
Office of Lead Hazard Control and Healthy Homes
lead hazard reduction
(including transfer of funds)
For the Lead Hazard Reduction Program, as authorized by section
1011 of the Residential Lead-Based Paint Hazard Reduction Act of 1992
(42 U.S.C. 4852), $340,000,000, to remain available until September 30,
2023, of which $70,000,000 shall be for the Healthy Homes Initiative,
pursuant to sections 501 and 502 of the Housing and Urban Development
Act of 1970 (42 U.S.C. 1701z-1, 1701z-2), 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: Provided, 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 under this heading or
under prior appropriations Acts for such purposes under this heading,
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 (42 U.S.C. 3547(c)): Provided further, That not less than
$95,000,000 of the amounts made available under this heading for the
award of grants pursuant to section 1011 of the Residential Lead-Based
Paint Hazard Reduction Act of 1992 shall be provided to areas with the
highest lead-based paint abatement needs: Provided further, That of
the amounts made available for the Healthy Homes Initiative, $5,000,000
shall be for the implementation of projects in up to 5 communities that
are served by both the Healthy Homes Initiative and the Department of
Energy Weatherization Assistance Program to demonstrate whether the
coordination of Healthy Homes remediation activities with
weatherization activities achieves cost savings and better outcomes in
improving the safety and quality of homes: Provided further, That
$30,000,000 of the amounts made available under this heading shall be
for a lead risk assessment demonstration for public housing agencies to
conduct lead hazard screenings or lead risk assessments during housing
quality standards inspections of units in which a family receiving
assistance under section 8(o) of the U.S. Housing Act of 1937 (42
U.S.C. 1437f(o)) resides or expects to reside, and has or expects to
have a child under age 6 residing in the unit, while preserving rental
housing availability and affordability: Provided further, That each
applicant shall certify adequate capacity that is acceptable to the
Secretary to carry out the proposed use of funds pursuant to a notice
of funding availability: 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: Provided
further, That up to $2,000,000 of the amounts made available under this
heading may be transferred to the heading ``Policy Development and
Research'' for the purposes of conducting research and studies and for
use in accordance with the provisos under that heading for non-
competitive agreements.
Cybersecurity and Information Technology Fund
(including transfer of funds)
For the mitigation against the exploitation of information
technology systems and personal identifiable information and for the
development, modernization, and enhancement of, modifications to, and
infrastructure for Department-wide and program-specific information
technology systems, for the continuing operation and maintenance of
both Department-wide and program-specific information systems, and for
program-related maintenance activities, $293,000,000, of which
$269,800,000 shall remain available until September 30, 2022,
$20,000,000 shall remain available until September 30, 2023, and
$3,200,000 shall remain available until September 30, 2024: Provided,
That any amounts transferred to this Fund under this Act shall remain
available until expended: Provided further, That any amounts
transferred to this Fund from amounts appropriated by previously
enacted appropriations Acts may be used for the purposes specified
under this Fund, in addition to any other information technology
purposes for which such amounts were appropriated: Provided further,
That not more than 10 percent of the funds made available under this
heading for development, modernization and enhancement may be obligated
until the Secretary submits a performance plan to the House and Senate
Committees on Appropriations for approval.
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,
$145,514,000: 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 2021 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 chapter 91 of title 31, United States Code, commonly known
as the Government Corporation Control Act, 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 Act (12 U.S.C.
1811 et seq.).
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 that are subject to chapter 91 of title 31,
United States Code, commonly known as 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 9104 of title 31 as may be necessary in carrying
out the programs set forth in the budget for 2021 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 such corporations, or to loans or mortgage purchases that
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 under this section, for fiscal years 2021 and 2022,
the Secretary 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.
(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 the 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, in either case, any use restrictions
in such agreement are of no lesser duration than the existing
use restrictions.
(9) The transfer does not increase the cost (as defined in
section 502 of the Congressional Budget Act of 1974(2 U.S.C.
661a)) of any FHA-insured mortgage, except to the extent that
appropriations are provided in advance for the amount of any
such increased cost.
(d) For purposes of this section--
(1) the terms ``low-income'' and ``very low-income'' shall
have the meanings provided by the statute and/or regulations
governing the program under which the project is insured or
assisted;
(2) the term ``multifamily housing project'' means--
(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-
(f)(2));
(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 (3) of such heading.
Sec. 212. Notwithstanding any other provision of law, in fiscal
year 2021, 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 (``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 2021, 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 availability (NOFA) 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 2021, the Secretary may make the NOFA available only on the
Internet at the appropriate Government web site 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. The annual budget
submission for the program offices and the Office of General Counsel
shall include any such projected litigation costs for attorney fees as
a separate line item request.
Sec. 218. (a)(1) Except as provided in paragraph (2), the Secretary
may 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 heading: Provided, That no appropriation for any such office or
account 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 not less
than 3 business days in advance of any such transfers under this
section up to 10 percent or $5,000,000, whichever is less.
(2) The authority under paragraph (1) to transfer funds shall not
apply to the Office of Fair Housing and Equal Opportunity, the Office
of Lead Hazard Control and Healthy Homes, or the Office of Departmental
Equal Employment Opportunity.
(b) The Secretary is authorized to transfer up to 10 percent of
funds appropriated for any office under the headings ``Administrative
Support Offices'' or ``Program Offices'' to the Office of Fair Housing
and Equal Opportunity, the Office of Lead Hazard Control and Healthy
Homes, or the Office of Departmental Equal Employment Opportunity:
Provided, That no amounts may be transferred pursuant to this
subparagraph unless the Secretary shall provide notification to such
Committees not less 3 business days in advance of any such transfers
under this subsection.
Sec. 219. (a) Any entity receiving housing assistance payments
shall maintain decent, safe, and sanitary conditions, as determined by
the Secretary, and comply with any standards under applicable State or
local laws, rules, ordinances, or regulations relating to the physical
condition of any property covered under a housing assistance payment
contract.
(b) The Secretary shall take action under subsection (c) when a
multifamily housing project with a contract under section 8 of the
United States Housing Act of 1937 (42 U.S.C. 1437f) or a contract for
similar project-based assistance--
(1) receives a Uniform Physical Condition Standards (UPCS)
score of 60 or less; or
(2) fails to certify in writing to the Secretary within 3
days that all Exigent Health and Safety deficiencies identified
by the inspector at the project have been corrected.
Such requirements shall apply to insured and noninsured projects with
assistance attached to the units under section 8 of the United States
Housing Act of 1937 (42 U.S.C. 1437f), but shall not apply to such
units assisted under section 8(o)(13) of such Act (42 U.S.C.
1437f(o)(13)) or to public housing units assisted with capital or
operating funds under section 9 of the United States Housing Act of
1937 (42 U.S.C. 1437g).
(c)(1) Within 15 days of the issuance of the Real Estate Assessment
Center (``REAC'') inspection, the Secretary shall provide the owner
with a Notice of Default with a specified timetable, determined by the
Secretary, for correcting all deficiencies. The Secretary shall provide
a copy of the Notice of Default to the tenants, the local government,
any mortgagees, and any contract administrator. If the owner's appeal
results in a UPCS score of 60 or above, the Secretary may withdraw the
Notice of Default.
(2) At the end of the time period for correcting all deficiencies
specified in the Notice of Default, if the owner fails to fully correct
such deficiencies, the Secretary may--
(A) require immediate replacement of project management
with a management agent approved by the Secretary;
(B) impose civil money penalties, which shall be used
solely for the purpose of supporting safe and sanitary
conditions at applicable properties, as designated by the
Secretary, with priority given to the tenants of the property
affected by the penalty;
(C) abate the section 8 contract, including partial
abatement, as determined by the Secretary, until all
deficiencies have been corrected;
(D) pursue transfer of the project to an owner, approved by
the Secretary under established procedures, who will be
obligated to promptly make all required repairs and to accept
renewal of the assistance contract if such renewal is offered;
(E) transfer the existing section 8 contract to another
project or projects and owner or owners;
(F) pursue exclusionary sanctions, including suspensions or
debarments from Federal programs;
(G) seek judicial appointment of a receiver to manage the
property and cure all project deficiencies or seek a judicial
order of specific performance requiring the owner to cure all
project deficiencies;
(H) work with the owner, lender, or other related party to
stabilize the property in an attempt to preserve the property
through compliance, transfer of ownership, or an infusion of
capital provided by a third-party that requires time to
effectuate; or
(I) take any other regulatory or contractual remedies
available as deemed necessary and appropriate by the Secretary.
(d) The Secretary shall take appropriate steps to ensure that
project-based contracts remain in effect, subject to the exercise of
contractual abatement remedies to assist relocation of tenants for
major threats to health and safety after written notice to the affected
tenants. To the extent the Secretary determines, in consultation with
the tenants and the local government, that the property is not feasible
for continued rental assistance payments under such section 8 or other
programs, based on consideration of--
(1) the costs of rehabilitating and operating the property
and all available Federal, State, and local resources,
including rent adjustments under section 524 of the Multifamily
Assisted Housing Reform and Affordability Act of 1997
(``MAHRAA''), and
(2) environmental conditions that cannot be remedied in a
cost-effective fashion, the Secretary may contract for project-
based rental assistance payments with an owner or owners of
other existing housing properties, or provide other rental
assistance.
(e) The Secretary shall report quarterly on all properties covered
by this section that are assessed through the Real Estate Assessment
Center and have UPCS physical inspection scores of less than 60 or have
received an unsatisfactory management and occupancy review within the
past 36 months. The report shall include--
(1) identification of the enforcement actions being taken
to address such conditions, including imposition of civil money
penalties and termination of subsidies, and identification of
properties that have such conditions multiple times;
(2) identification of actions that the Department of
Housing and Urban Development is taking to protect tenants of
such identified properties; and
(3) any administrative or legislative recommendations to
further improve the living conditions at properties covered
under a housing assistance payment contract.
This report shall be submitted to the Senate and House Committees on
Appropriations not later than 30 days after the enactment of this Act,
and on the first business day of each Federal fiscal year quarter
thereafter while this section remains in effect.
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 2021.
Sec. 221. None of the funds made available by this Act and
provided to the Department of Housing and Urban Development may be used
to make a grant award unless the Secretary notifies the House and
Senate Committees on Appropriations not less than 3 full business days
before any project, State, locality, housing authority, tribe,
nonprofit organization, or other entity selected to receive a grant
award is announced by the Department or its offices.
Sec. 222. None of the funds made available by this Act may be used
to require or enforce the Physical Needs Assessment (PNA).
Sec. 223. None of the funds made available by this Act shall be
used by the Federal Housing Administration, the Government National
Mortgage Administration, 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. 224. 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. 225. 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. 226. Funds made available by this title under the heading
``Homeless Assistance Grants'' may be used by the Secretary to
participate in Performance Partnership Pilots authorized under section
526 of division H of Public Law 113-76 (42 U.S.C. 12301 note), section
524 of division G of Public Law 113-235, section 525 of division H of
Public Law 114-113, section 525 of division H of Public Law 115-31,
section 525 of division H of Public Law 115-141, section 524 of
division B of Public Law 115-245, and such authorities as are enacted
for Performance Partnership Pilots in an appropriations Act for fiscal
year 2021: Provided, That such participation shall be limited to not
more than 10 continuums of care and housing activities to improve
outcomes for disconnected youth.
Sec. 227. In this fiscal year and in each fiscal year thereafter,
with respect to grant amounts awarded for the Continuum of Care (CoC)
program authorized under subtitle C of title IV of the McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11381 et seq.) with amounts made
available under the heading ``Homeless Assistance Grants'', costs paid
by program income of grant recipients may be counted toward meeting the
recipient's matching requirements, provided the costs are eligible CoC
costs that supplement the recipient's CoC program.
Sec. 228. (a) In this fiscal year and in each fiscal year
thereafter, from amounts made available by 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) To be eligible to receive a transition grant under subsection
(a), the funding recipient shall have the consent of the Continuum of
Care and meet such standards as the Secretary may establish.
Sec. 229. None of the funds made available by this Act may be used
by the Department of Housing and Urban Development to direct a grantee
to undertake specific changes to existing zoning laws as part of
carrying out the final rule entitled ``Affirmatively Furthering Fair
Housing'' (80 Fed. Reg. 42272 (July 16, 2015)) or the notice entitled
``Affirmatively Furthering Fair Housing Assessment Tool'' (79 Fed. Reg.
57949 (September 26, 2014)).
Sec. 230. 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. 231. None of the funds made available by this Act may be used
to establish and apply review criteria, including rating factors or
preference points, for participation in or coordination with EnVision
Centers, in the evaluation, selection, and award of any funds made
available and requiring competitive selection under this Act, except
with respect to any such funds otherwise authorized for EnVision Center
purposes under this Act.
Sec. 232. None of the funds made available by this or any prior
Act may be used to require or enforce any changes to the terms and
conditions of the public housing annual contributions contract between
the Secretary and any public housing agency, as such contract was in
effect as of December 31, 2017, unless such changes are mutually agreed
upon by the Secretary and such agency: Provided, That such agreement
by an agency may be indicated only by a written amendment to the terms
and conditions containing the duly authorized signature of its chief
executive: Provided further, That the Secretary may not withhold funds
to compel such agreement by an agency which certifies to its compliance
with its contract.
Sec. 233. 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. 234. None of the amounts made available by this Act, by
Public Law 116-94, or by Public Law 116-6 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 Capital Fund'' for competitive
grants to evaluate and reduce lead-based paint hazards in this Act or
that remain available and not awarded from prior Acts, or be used to
prohibit a public housing agency from using such funds to carry out any
required work pursuant to a settlement agreement, consent decree,
voluntary agreement, or similar document for a violation of the Lead
Safe Housing or Lead Disclosure Rules.
Sec. 235. None of the funds made available to the Department of
Housing and Urban Development by this or any other Act may be used to
implement, administer, enforce, or in any way make effective the
proposed rule entitled ``Making Admission or Placement Determinations
Based on Sex in Facilities Under Community Planning and Development
Housing Programs'', transmitted to Congress for review by the
Department of Housing and Urban Development on June 12, 2020 (Docket
No. FR-6152-P-01), or any final rule based substantially on such
proposed rule.
Sec. 236. Notwithstanding any other provision of law, the notice
issued by the Department of Housing and Urban Development on February
20, 2015, and entitled ``Appropriate Placement for Transgender Persons
in Single-Sex Emergency Shelters and Other Facilities'' (Notice CPD-15-
02) shall have the force and effect of law.
Sec. 237. None of the funds made available to the Department of
Housing and Urban Development by this or any other Act may be used to
implement, administer, enforce, or in any way make effective the
proposed rule entitled ``Housing and Community Development Act of 1980:
Verification of Eligible Status'', issued by the Department of Housing
and Urban Development on May 10, 2019 (Docket No. FR-6124-P-01), or any
final rule based substantially on such proposed rule.
Sec. 238. There are hereby rescinded, from funds appropriated
under the heading ``Department of Housing and Urban Development--
Housing Programs--Rental Housing Assistance''--
(a) all unobligated balances from recaptured amounts appropriated
prior to fiscal year 2006 from terminated contracts under section
236(f)(2) of the National Housing Act (12 U.S.C. 1715z-1(f)(2)), and
any unobligated balances, including recaptures and carryover, remaining
from funds appropriated under such heading after fiscal year 2005; and
(b) any funds remaining from amounts appropriated under such
heading in the prior fiscal year.
Sec. 239. (a) Amounts made available under the heading ``Department
of Housing and Urban Development--Community Planning and Development--
Community Development Fund'' in chapter 9 of title X of the Disaster
Relief Appropriations Act, 2013 (Public Law 113-2, division A; 127
Stat. 36) shall remain available through September 30, 2025 for the
liquidation of valid obligations of such funding.
(b) Notwithstanding any other provision of law, in the case of any
grantee of funds referred to in subsection (a) of this section that
provides assistance that duplicates benefits available to a person for
the same purpose from another source, the grantee itself shall--
(1) be subject to remedies for noncompliance; or
(2) bear responsibility for absorbing such cost of
duplicative benefits and returning an amount equal to any
duplicative benefits paid to the grantee's funds available for
use under such heading, unless the Secretary, upon the request
of a grantee issues a public determination by publication in
the Federal Register that it is not in the best interest of the
Federal Government to pursue such remedies.
(c) Notwithstanding any other provision of law, any grantee of
funds referred to in subsection (a) of this section may request a
waiver from the Secretary of Housing and Urban Development of any
recoupment by the Secretary of such funds for amounts owed by persons
who have received such assistance from such funds and who have been
defrauded, or after receiving assistance, have filed for bankruptcy,
gone through a foreclosure procedure on property that received such
assistance, or are deceased. If the grantee self-certifies to the
Secretary in such request that it has verified that the individual
conditions of each person it is requesting a waiver for meets one of
the conditions specified in the preceding sentence, the Secretary may
grant such waivers on the basis of grantee self-certification, issue a
public determination by publication in the Federal Register that it is
not in the best interest of the Federal Government to pursue such
recoupment, and may conduct oversight to verify grantee self-
certification and subject the grantee to remedies for noncompliance for
any amounts that have not met such requirements.
(d) Amounts repurposed pursuant to this section that were
previously designated by the Congress as an emergency requirement
pursuant to the Balanced Budget and Emergency Deficit Control Act of
1985 are designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
This title may be cited as the ``Department of Housing and Urban
Development Appropriations Act, 2021''.
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),
$9,200,000: Provided, That, notwithstanding any other provision of
law, there may be credited to this appropriation funds received for
publications and training expenses.
Federal Maritime Commission
salaries and expenses
For necessary expenses of the Federal Maritime Commission as
authorized by section 201(d) of the Merchant Marine Act, 1936 (46
U.S.C. 307), including services as authorized by section 3109 of title
5, United States Code; hire of passenger motor vehicles as authorized
by section 1343(b) of title 31, United States Code; and uniforms or
allowances therefore, as authorized by sections 5901 and 5902 of title
5, United States Code, $29,800,000: Provided, That not to exceed
$5,000 shall be for official reception and representation expenses.
National Railroad Passenger Corporation
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of Inspector General for the
National Railroad Passenger Corporation to carry out the provisions of
the Inspector General Act of 1978 (5 U.S.C. App. 3), $26,248,000:
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 2022,
the Inspector General shall submit to the House and Senate Committees
on Appropriations a budget request for fiscal year 2022 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 5 U.S.C. 3109, 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 law (5 U.S.C. 5901-5902),
$118,400,000, of which not to exceed $2,000 may be used for official
reception and representation expenses. The amounts made available to
the National Transportation Safety Board in this Act include amounts
necessary to make lease payments on an obligation incurred in fiscal
year 2001 for a capital lease.
Neighborhood Reinvestment Corporation
payment to the neighborhood reinvestment corporation
For payment to the Neighborhood Reinvestment Corporation for use in
neighborhood reinvestment activities, as authorized by the Neighborhood
Reinvestment Corporation Act (42 U.S.C. 8101-8107), $208,500,000, of
which $5,000,000 shall be for a multi-family rental housing program:
Provided, That of the total amount made available under this heading,
$25,000,000 shall be for competitive grants to: redevelop abandoned or
distressed properties; provide homeownership and financing assistance
to households with income of not more than 120 percent of the area
median income; purchase properties that are abandoned or distressed to
sell, rent, or redevelop; establish or operate land banks to acquire,
redevelop, or sell properties that are abandoned or distressed;
demolish abandoned or distressed structures, as part of a redevelopment
effort to increase affordable rental and owner-occupied housing; or
engage in community development activities in areas with high rates of
abandoned or distressed properties.
Surface Transportation Board
salaries and expenses
For necessary expenses of the Surface Transportation Board,
including services authorized by section 3109 of title 5, United State
Code, $37,500,000: 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 2021, to result in a final appropriation from the general
fund estimated at not more than $36,250,000.
United States Interagency Council on Homelessness
operating expenses
For necessary expenses (including payment of salaries, authorized
travel, hire of passenger motor vehicles, and rental of conference
rooms) of the United States Interagency Council on Homelessness in
carrying out the functions pursuant to title II of the McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11311 et. seq.), as amended,
$3,800,000, to remain available until September 30, 2022: Provided,
That not more than $15,000 may be used for travel expenses by the
Executive Director: Provided further, That the Executive Director may
not engage in any official travel except for travel paid out of such
amounts: Provided further, That no funds may be used to promote
homelessness interventions unless those interventions include support
for evidence-based interventions including the Housing First model and
Permanent Supportive Housing.
TITLE IV
GENERAL PROVISIONS--THIS ACT
Sec. 401. None of the funds in this Act shall be used for the
planning or execution of any program to pay the expenses of, or
otherwise compensate, non-Federal parties intervening in regulatory or
adjudicatory proceedings funded in this Act.
Sec. 402. None of the funds appropriated in this Act shall remain
available for obligation beyond the current fiscal year, nor may any be
transferred to other appropriations, unless expressly so provided
herein.
Sec. 403. The expenditure of any appropriation under this Act for
any consulting service through a procurement contract pursuant to
section 3109 of title 5, United States Code, shall be limited to those
contracts where such expenditures are a matter of public record and
available for public inspection, except where otherwise provided under
existing law, or under existing Executive order issued pursuant to
existing law.
Sec. 404. (a) None of the funds made available in this Act may be
obligated or expended for any employee training that--
(1) does not meet identified needs for knowledge, skills,
and abilities bearing directly upon the performance of official
duties;
(2) contains elements likely to induce high levels of
emotional response or psychological stress in some
participants;
(3) does not require prior employee notification of the
content and methods to be used in the training and written end
of course evaluation;
(4) contains any methods or content associated with
religious or quasi-religious belief systems or ``new age''
belief systems as defined in Equal Employment Opportunity
Commission Notice N-915.022, dated September 2, 1988; or
(5) is offensive to, or designed to change, participants'
personal values or lifestyle outside the workplace.
(b) Nothing in this section shall prohibit, restrict, or otherwise
preclude an agency from conducting training bearing directly upon the
performance of official duties.
Sec. 405. Except as otherwise provided in this Act, none of the
funds provided in this Act, provided by previous appropriations Acts to
the agencies or entities funded in this Act that remain available for
obligation or expenditure in fiscal year 2021, or provided from any
accounts in the Treasury derived by the collection of fees and
available to the agencies funded by this Act, shall be available for
obligation or expenditure through a reprogramming of funds that--
(1) creates a new program;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel for any program, project,
or activity for which funds have been denied or restricted by
the Congress;
(4) proposes to use funds directed for a specific activity
by either the House or Senate Committees on Appropriations for
a different purpose;
(5) augments existing programs, projects, or activities in
excess of $5,000,000 or 10 percent, whichever is less;
(6) reduces existing programs, projects, or activities by
$5,000,000 or 10 percent, whichever is less; or
(7) creates, reorganizes, or restructures a branch,
division, office, bureau, board, commission, agency,
administration, or department different from the budget
justifications submitted to the Committees on Appropriations or
the table accompanying the 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
accompanying the report accompanying this Act,
accompanying reports of the House and Senate Committee
on Appropriations, or in the budget appendix for the
respective appropriations, whichever is more detailed,
and shall apply to all items for which a dollar amount
is specified and to all programs for which new budget
(obligational) authority is provided, as well as to
discretionary grants and discretionary grant
allocations; and
(C) an identification of items of special
congressional interest.
Sec. 406. Except as otherwise specifically provided by law, not to
exceed 50 percent of unobligated balances remaining available at the
end of fiscal year 2021 from appropriations made available for salaries
and expenses for fiscal year 2021 in this Act, shall remain available
through September 30, 2022, 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 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. 410. 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. 411. 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. 412. 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. 413. (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. 414. 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. 415. 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. 416. None of the funds made available by this Act may be used
by the Department of Transportation, the Department of Housing and
Urban Development, or any other Federal agency to lease or purchase new
light duty vehicles for any executive fleet, or for an agency's fleet
inventory, except in accordance with Presidential Memorandum--Federal
Fleet Performance, dated May 24, 2011.
Sec. 417. (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. 418. (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. 419. 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. 420. None of the funds made available by this Act may be used
in contravention of section 2635.702 of title 5, Code of Federal
Regulations.
Sec. 421. (a) For the duration of the national emergency declared
by the President under the National Emergencies Act (50 U.S.C. 1601 et
seq.) related to the pandemic of SARS-CoV-2 or coronavirus disease 2019
(COVID-19), an air carrier operating under part 121 of title 14, Code
of Federal Regulations, shall--
(1) require each passenger and cabin crewmember to wear a
mask or protective face covering while on board an aircraft of
the air carrier;
(2) require each flight crewmember to wear a mask or
protective face covering while on board an aircraft but outside
the flight deck;
(3) submit to the Administrator of the Federal Aviation
Administration a proposal to permit flight crew members of the
air carrier to wear a mask or protective face covering while at
their stations in the flight deck, including a safety risk
assessment with respect to such proposal;
(4) provide flight and cabin crewmembers, airport customer
service agents, and other employees whose job responsibilities
involve interaction with passengers with masks or protective
face coverings, gloves, and hand sanitizer and wipes with
sufficient alcohol content;
(5) ensure aircraft, including the cockpit and cabin,
operated by such carrier are cleaned, disinfected, and
sanitized after each use in accordance with Centers for Disease
Control and Prevention guidance;
(6) ensure enclosed facilities owned, operated, or used by
such air carrier, including facilities used for flight or cabin
crewmember training or performance of indoor maintenance,
repair, or overhaul work, are cleaned, disinfected, and
sanitized frequently in accordance with Centers for Disease
Control and Prevention guidance;
(7) provide air carrier employees whose job
responsibilities involve cleaning, disinfecting, and sanitizing
aircraft or enclosed facilities described in paragraphs (5) and
(6) with masks or protective face coverings and gloves, and
ensure that each contractor of the air carrier provides
employees of such contractor with such materials; and
(8) establish guidelines, or adhere to applicable
guidelines, for notifying employees of a confirmed COVID-19
diagnosis of an employee of such air carrier and for
identifying other air carrier employees whom such employee
contacted in the 48-hour period before the employee developed
symptoms.
(b)(1) In General.--For the duration of the national emergency
declared by the President under the National Emergencies Act (50 U.S.C.
1601 et seq.) related to the pandemic of SARS-CoV-2 or coronavirus
disease (COVID-19), Amtrak shall--
(A) require each passenger and employee of Amtrak,
including engineers, conductors, and onboard service workers,
to wear a mask or other protective face covering while onboard
an Amtrak train;
(B) take such actions as are reasonable to ensure passenger
compliance with the requirement under subparagraph (A);
(C) provide masks or protective face coverings, gloves, and
hand sanitizer and sanitizing wipes with sufficient alcohol
content to--
(i) conductors, engineers, and onboard service
workers;
(ii) ticket agents, station agents, and red cap
agents; and
(iii) any other employees whose job
responsibilities include interaction with passengers;
(D) ensure Amtrak trains, including the locomotive cab and
passenger cars, are cleaned, disinfected, and sanitized
frequently in accordance with guidance issued by the Centers
for Disease Control and Prevention and ensure that employees
whose job responsibilities include such cleaning, disinfecting,
or sanitizing are provided masks or protective face coverings
and gloves;
(E) ensure stations and enclosed facilities that Amtrak
owns and operates including facilities used for training or the
performance of indoor maintenance, repair, or overhaul work,
are cleaned, disinfected, and sanitized frequently in
accordance with guidance issued by the Centers for Disease
Control and Prevention and ensure that employees whose job
responsibilities include such cleaning, disinfecting, or
sanitizing are provided masks or protective face coverings and
gloves;
(F) take such actions as are reasonable to ensure that
stations or facilities served or used by Amtrak that Amtrak
does not own are cleaned, disinfected, and sanitized frequently
in accordance with Centers for Disease Control and Prevention
guidance;
(G) ensure that each contractor of Amtrak provides masks or
protective face coverings and gloves to employees of such
contractor whose job responsibilities include those described
in subparagraphs (D) and (E); and
(H) establish guidelines, or adhere to existing applicable
guidelines, for notifying employees of a confirmed diagnosis of
COVID-19 of an employee of Amtrak.
(2) Availability.--If Amtrak is unable to acquire any of the items
necessary to comply with subparagraphs (C), (D), and (E) of paragraph
(1) due to market unavailability, Amtrak shall--
(A) prepare and make public documentation demonstrating
what actions have been taken to acquire such items; and
(B) continue efforts to acquire such items until such items
become available.
(c)(1) In General.--For the duration of the national emergency
declared by the President under the National Emergencies Act (50 U.S.C.
1601 et seq.) related to the pandemic of SARS-CoV-2 or coronavirus
disease 2019 (COVID-19), recipients of funds under section 5307 of
title 49, United States Code, that serve an urbanized area with a
population of at least 500,000 individuals and that provided a minimum
of 20,000,000 unlinked passenger trips in the most recent year for
which data is available shall--
(A) require each passenger to wear a mask or protective
face covering while on board a public transportation vehicle;
(B) provide masks or protective face coverings, gloves, and
hand santizer and wipes with sufficient alcohol content to
operators, station managers, and other employees or contractors
whose job responsibilities include interaction with passengers;
(C) ensure public transportation vehicles operated by such
public transportation provider are cleaned, disinfected, and
sanitized frequently in accordance with Centers for Disease
Control and Prevention guidance and ensure that employees or
contractors whose job responsibilities involve such cleaning,
disinfecting, or sanitizing are provided masks or protective
face coverings and gloves;
(D) ensure stations and enclosed facilities owned,
operated, or used by such public transportation provider,
including facilities used for training or performance of indoor
maintenance, repair, or overhaul work, are cleaned,
disinfected, and sanitized frequently in accordance with
Centers for Disease Control and Prevention guidance and ensure
that employees or contractors whose job responsibilities
include such cleaning, disinfecting, or sanitizing are provided
masks or other protective face coverings and gloves; and
(E) establish guidelines, or adhere to applicable
guidelines, for notifying employees of a confirmed COVID-19
diagnosis of an employee of such public transportation
provider.
(2) Implementation.--The implementation of the requirement under
paragraph (1)(A) shall be carried out in a manner determined by the
provider of public transportation.
(3) Availability.--If a provider of public transportation is unable
to acquire a subparagraphs (B), (C), or (D) of paragraph (1) due to
market unavailability, such provider shall--
(A) prepare and make public documentation demonstrating
what actions have been taken to acquire such items; and
(B) continue efforts to acquire such items until they
become available.
TITLE V
ADDITIONAL INFRASTRUCTURE INVESTMENTS
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
national infrastructure investments
(including transfer of funds)
For an additional amount for ``National Infrastructure
Investments'', $3,000,000,000, to remain available until September 30,
2022: Provided, That such additional amount shall be subject to the
provisions under this heading in title I of this Act, except as
modified by this heading in this title: Provided further, That of the
amounts made available under this heading in this title, the Secretary
shall use an amount not less than $60,000,000 for the planning,
preparation, or design of projects eligible for amounts made available
under this heading in this title, with an emphasis on transit, transit
oriented development, and multimodal projects: Provided further, That
grants awarded under the preceding proviso shall not be subject to a
minimum grant size: Provided further, That of the amounts made
available under this heading in this title, the Secretary shall use an
amount not less than $300,000,000 for eligible projects located in or
to directly benefit areas of persistent poverty: Provided further, That
a grant award under this heading in this title shall be not less than
$20,000,000 and not greater than $300,000,000: Provided further, That
not more than 20 percent of the amounts made available under this
heading in this title may be awarded to projects in a single State that
are not port infrastructure investments (including inland port
infrastructure and land ports of entry): Provided further, That an
award under this heading in this title is an urban award if it is to a
project located within or on the boundary of an urbanized area, as
designated by the Bureau of the Census, that had a population greater
than 250,000 in the 2010 decennial census: Provided further, That for
the purpose of determining if an award for planning, preparation, or
design is an urban award, the project location is the location of the
project being planned, prepared, or designed: Provided further, That
for the purpose of determining if an award for eligible projects
located in or to directly benefit areas of persistent poverty is an
urban award, the project location is the location of the eligible
project in or to directly benefit areas of persistent poverty: Provided
further, That each award under this heading in this title that is not
an urban award is a rural award: Provided further, That of the amounts
awarded under this heading in this title, 60 percent shall be awarded
as urban awards and 40 percent shall be awarded as rural awards:
Provided further, That for rural awards and awards for eligible
projects located in or to directly benefit areas of persistent poverty,
the minimum grant size shall be $5,000,000 and the Secretary may
increase the Federal share of costs above 80 percent: Provided further,
That the Secretary may retain up to $30,000,000, to remain available
until September 30, 2023, of the amounts made available under this
heading in this title, and may transfer portions of such amounts to the
Administrators of the Federal Highway Administration, the Federal
Transit Administration, the Federal Railroad Administration, and the
Maritime Administration to fund the award and oversight of grants and
credit assistance made under the national infrastructure investments
program: Provided further, That the Secretary shall issue the Notice of
Funding Opportunity for amounts made available under this heading in
this title not later than 180 days after the date of enactment of this
Act: Provided further, That such Notice of Funding Opportunity shall
require application submissions 90 days after the publishing of such
Notice: Provided further, That of the applications submitted under the
preceding 2 provisos, the Secretary shall make grants not later than
390 days after the date of enactment of this Act in such amounts that
the Secretary determines: Provided further, That such amount is
designated by the Congress as being for an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
cyber security initiatives
For an additional amount for ``Cyber Security Initiatives'',
$10,500,000, to remain available until September 30, 2022: Provided,
That such amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Federal Aviation Administration
facilities and equipment
For an additional amount for ``Facilities and Equipment'',
$500,000,000, to remain available until September 30, 2023: Provided,
That amounts made available under this heading in this title shall be
derived from the general fund: Provided further, That funding provided
under this heading shall be used to make improvements (including
activities that improve water and energy efficiency or reduce the risk
of harm to occupants or property from natural hazards) or to replace
air route traffic control centers, air traffic control towers, terminal
radar approach control facilities, and navigation and landing
equipment: Provided further, That such amount is designated by the
Congress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
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, $2,500,000,000, to remain
available until September 30, 2023: Provided, That amounts made
available under this heading in this title shall be derived from the
general fund, and such funds shall not be subject to apportionment
formulas, special apportionment categories, or minimum percentages
under such chapter 471: Provided further, That the Secretary shall
distribute funds provided under this heading as discretionary grants to
airports: Provided further, That the amount made available under this
heading in this title shall not be subject to any limitation on
obligations for the Grants-in-Aid for Airports program set forth in any
Act: Provided further, That not less than $250,000,000 of the grants
awarded under this heading in this title shall be for airport
sustainability activities focused on reducing energy consumption, noise
impacts, waste, and pollution or improving water quality, community
relations, and wildlife compatibility: Provided further, That priority
consideration shall be based on project justification and completeness
of pre-grant actions: Provided further, That the Administrator of the
Federal Aviation Administration may retain up to 0.1 percent of the
funds provided under this heading in this title to fund the award and
oversight by the Administrator of grants made under this heading:
Provided further, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Federal Railroad Administration
consolidated rail infrastructure and safety improvements
(including transfer of funds)
For an additional amount for ``Consolidated Rail Infrastructure and
Safety Improvements'', $5,000,000,000, to remain available until
September 30, 2022: Provided, That such additional amount shall be
subject to the provisions under this heading in title I of this Act,
except as modified by this heading in this title: Provided further,
That of the amounts made available under this heading in this title--
(1) Not less than $1,500,000,000 shall be for projects
eligible under section 22907(c) of title 49, United States
Code; and
(2) Not less than $3,500,000,000 shall be for projects
eligible under sections 22907(c)(2), 22907(c)(3), 22907(c)(4),
and 22907(c)(9) of title 49, United States Code, that
contribute to the development, initiation, expansion, or
restoration of intercity passenger rail service including
alignments for existing routes: Provided, That amounts made
available in this paragraph shall be for such eligible projects
with a total project cost greater than $500,000,000: Provided
further, That, notwithstanding section 22907(g)(1) of title 49,
United States Code, not more than 25 percent of the amounts
made available in this paragraph shall be for such eligible
projects in rural areas:
Provided further, That the Secretary shall issue the Notice of Funding
Opportunity for amounts made available under this heading in this title
not later than 150 days after the date of enactment of this Act:
Provided further, That such Notice of Funding Opportunity shall require
application submissions 90 days after the publishing of such Notice:
Provided further, That the Secretary shall announce the selection of
projects to receive awards for amounts made available under this
heading in this title not later than 1 year after the date of enactment
of this Act: Provided further, That such amount is designated by the
Congress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
magnetic levitation technology deployment program
For an additional amount for ``Magnetic Levitation Technology
Deployment Program'', $100,000,000, to remain available until September
30, 2022, consistent with language in subsections (a) through (c) of
section 1307 of SAFETEA-LU (Public Law 109-59), as amended by section
102 of the SAFETEA-LU Technical Corrections Act of 2008 (Public Law
110-244) (23 U.S.C. 322 note): Provided, That the Secretary may
withhold up to 2 percent of the amounts made available under this
heading in this title for the costs of award and project management and
oversight, to remain available until September 30, 2023: Provided
further, That such amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
northeast corridor grants to the national railroad passenger
corporation
(including transfer of funds)
For an additional amount for ``Northeast Corridor Grants to the
National Railroad Passenger Corporation'', $5,000,000,000, to remain
available until September 30, 2022, to enable the Secretary to make or
amend existing grants to the National Railroad Passenger Corporation
for activities associated with the Northeast Corridor as authorized by
section 11101(a) of the Fixing America's Surface Transportation Act
(division A of Public Law 114-94): Provided, That such additional
amount shall be subject to the provisions under this heading in title I
of this Act, except as modified by this heading in this title: Provided
further, That the Secretary shall make or amend such grants not later
than 90 days after the date of enactment of this Act: Provided further,
That of the amounts made available under this heading in this title,
priority shall be given to projects for the repair, rehabilitation, or
upgrade of railroad assets or infrastructure, for capital projects that
expand passenger rail capacity, and for the rehabilitation or
acquisition of rolling stock: Provided further, That the amounts made
available under this heading in this title may be used to subsidize the
operating losses of the National Railroad Passenger Corporation:
Provided further, That of the amounts made available under this heading
in this title, not less than $172,000,000 shall be made available for
use of the National Railroad Passenger Corporation in lieu of fiscal
year 2021 capital payments from commuter rail passenger transportation
providers subject to the cost allocation policy developed pursuant to
section 24905(c) of title 49, United States Code: Provided further,
That, notwithstanding sections 24319(g) and 24905(c)(1)(A)(i) of title
49, United States Code, such use of funds in fiscal year 2021 does not
constitute cross-subsidization of commuter rail passenger
transportation: Provided further, That of the amounts made available
under this heading in this title, not less than $1,000,000,000 shall be
made available to advance capital projects, including rehabilitation
and upgrade of railroad infrastructure, that increase reliability or
expand passenger rail capacity on the Amtrak-owned portion of the
Northeast Corridor (as defined in section 24102(8) of title 49, United
States Code) on which more than 380 trains traveled per day in fiscal
year 2019: Provided further, That of the amounts made available under
this heading in this title and the ``National Network Grants to the
National Railroad Passenger Corporation'' heading in this title, not
less than $200,000,000 shall be made available to bring Amtrak-served
facilities and stations into compliance with the Americans with
Disabilities Act of 1990 (42 U.S.C. 2101 et seq.): Provided further,
That of the amounts made available under this heading in this title and
the ``National Network Grants to the National Railroad Passenger
Corporation'' heading in this title, $5,000,000, to remain available
until September 30, 2025, shall be transferred to ``National Railroad
Passenger Corporation--Office of Inspector General--Salaries and
Expenses'' for conducting audits and investigations of projects and
activities carried out with amounts made available in this title and in
division B of the Coronavirus Aid, Relief, and Economic Security Act
(Public Law 116-136) under the headings ``Northeast Corridor Grants to
the National Railroad Passenger Corporation'' and ``National Network
Grants to the National Railroad Passenger Corporation'': Provided
further, That such amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
national network grants to the national railroad passenger corporation
For an additional amount for ``National Network Grants to the
National Railroad Passenger Corporation'', $3,000,000,000, to remain
available until September 30, 2022, to enable the Secretary to make or
amend existing grants to the National Railroad Passenger Corporation
for activities associated with the National Network as authorized by
section 11101(b) of the Fixing America's Surface Transportation Act
(division A of Public Law 114-94): Provided, That such additional
amount shall be subject to the provisions under this heading in title I
of this Act, except as modified by this heading in this title: Provided
further, That the Secretary shall make or amend such grants not later
than 90 days after the date of enactment of this Act: Provided further,
That of the amounts made available under this heading in this title,
priority shall be given to projects for the repair, rehabilitation, or
upgrade of railroad assets or infrastructure, for capital projects that
expand passenger rail capacity, and for the rehabilitation or
acquisition of rolling stock: Provided further, That the amounts made
available under this heading in this title may be used to subsidize the
operating losses of the National Railroad Passenger Corporation:
Provided further, That a State shall not be required to pay the
National Railroad Passenger Corporation more than 80 percent of the
amount paid in fiscal year 2019 under section 209 of the Passenger Rail
Investment and Improvement Act of 2008 (Public Law 110-432) and that
not less than $260,000,000 of the amounts made available under this
heading in this title shall be made available for use in lieu of any
increase in a State's payment: Provided further, That of the amounts
made available under this heading in this title, not less than
$57,000,000 shall be made available for use of the National Railroad
Passenger Corporation in lieu of fiscal year 2021 capital payments from
commuter rail passenger transportation providers subject to the cost
allocation policy developed pursuant to section 24905(c) of title 49,
United States Code: Provided further, That, notwithstanding sections
24319(g) and 24905(c)(1)(A)(i) of title 49, United States Code, such
use of funds in fiscal year 2021 does not constitute cross-
subsidization of commuter rail passenger transportation: Provided
further, That of the amounts made available under this heading in this
title, not less than $107,000,000 shall be for capital expenses related
to safety improvements, maintenance, and the non-Federal match for
discretionary Federal grant programs to enable continued passenger rail
operations on long-distance routes (as defined in section 24102 of
title 49, United States Code) on which the National Railroad Passenger
Corporation is the sole operator on a host railroad's line and a
positive train control system is not required by law or regulation:
Provided further, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Federal Transit Administration
capital investment grants
For an additional amount for ``Capital Investment Grants'', as
authorized under section 5309 of title 49, United States Code, and
section 3005(b) of the Fixing America's Surface Transportation Act,
$5,000,000,000, to remain available until expended: Provided, That of
the amounts made available under this heading in this title, not less
than $3,000,000,000 shall be available for projects authorized under
section 5309(d) of title 49, United States Code, not less than
$1,000,000,000 shall be available for projects authorized under section
5309(e) of such title, and not less than $500,000,000 shall be
available for projects authorized under section 5309(h) of such title:
Provided further, That in selecting projects to be funded with amounts
made available under sections 5309(d) of title 49, United States Code,
priority shall be given to projects that are currently in construction
or that are able to obligate funds not later than 270 days after the
date of enactment of this Act: Provided further, That funds made
available under this heading in this or any other Act may be available
for amendments to current full-funding grant agreements that require
additional Federal funding as a result of coronavirus: Provided
further, That the Secretary shall not waive the requirements of section
5333 of title 49, United States Code, for funds appropriated under this
heading in this Act: Provided further, That unless otherwise specified,
applicable requirements under chapter 53 of title 49, United States
Code, shall apply to funding made available under this heading in this
title: Provided further, That up to one-half of 1 percent of the funds
provided under this heading in this title shall be available for
administrative expenses and program management oversight, and shall be
in addition to any other appropriations for such purposes: Provided
further, That none of the funds made available in this title may be
used to implement any policy that requires a Federal Transit
Administration project to receive a medium or higher project rating
before taking actions to finalize an environmental impact statement:
Provided further, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Maritime Administration
operations and training
For an additional amount for ``Operations and Training'',
$125,000,000, to remain available until September 30, 2022, of which--
(1) $50,000,000 shall be for facilities maintenance and
repair, equipment, and capital improvements at the United
States Merchant Marine Academy; and
(2) $75,000,000 shall be for the Short Sea Transportation
Program (America's Marine Highways) to make grants for the
purposes authorized under paragraphs (1) and (3) of section
55601(b) of title 46, United States Code: Provided, That for
amounts made available in this paragraph, the Secretary shall
make grants not later than 180 days after the date of enactment
of this Act in such amounts as the Secretary determines:
Provided, That such amount is designated by the Congress as being for
an emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
state maritime academy operations
For an additional amount for ``State Maritime Academy Operations'',
$345,500,000, to remain available until September 30, 2022, of which--
(1) $315,500,000 shall be for the National Security Multi-
Mission Vessel Program, including funds for construction,
planning, administration, and design of school ships; and
(2) $30,000,000 shall be for direct payments for State
Maritime Academies:
Provided, That such amount is designated by the Congress as being for
an emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
assistance to small shipyards
For an additional amount for ``Assistance to Small Shipyards'',
$100,000,000, to remain available until September 30, 2022, to make
grants to qualified shipyards as authorized under section 54101 of
title 46, United States Code: Provided, That the Secretary shall
announce the selection of such grants not later than 210 days after the
date of enactment of this Act in such amounts as the Secretary
determines: Provided further, That the Secretary shall institute
measures to ensure amounts made available under this heading in this
title shall be obligated not later than 180 days after the date on
which the Secretary announces the selection of such grants: Provided
further, That the Secretary may withhold up to 2 percent of the amounts
made available under this heading in this title for the costs of award
and project management and oversight, to remain available until
September 30, 2023: Provided further, That such amount is designated by
the Congress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
port infrastructure development program
For an additional amount for ``Port Infrastructure Development
Program'', $1,000,000,000, to remain available until September 30,
2022, to make grants to improve port facilities as authorized under
section 50302(c) of title 46, United States Code: Provided, That such
additional amount shall be subject to the provisions under this heading
in title I of this Act, except as modified by this heading in this
title: Provided further, That of the amounts made available under this
heading in this title, not less than $910,000,000 shall be for coastal
seaports or Great Lakes ports: Provided further, That the Secretary
shall issue the Notice of Funding Opportunity for amounts made
available under this heading in this title not later than 60 days after
the date of enactment of this Act: Provided further, That such Notice
of Funding Opportunity shall require application submissions 90 days
after the publishing of such Notice: Provided further, That the
Secretary shall announce the selection of projects to receive awards
for amounts made available under this heading in this title not later
than 270 days after the date of enactment of this Act: Provided
further, That not to exceed 1 percent of the amounts made available
under this heading in this title shall be available for necessary costs
of grant administration, to remain available until September 30, 2023:
Provided further, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Office of Inspector General
salaries and expenses
For an additional amount for necessary expenses of the ``Office of
Inspector General'' to carry out the provisions of the Inspector
General Act of 1978 (5 U.S.C. App. 3) $7,500,000, to remain available
until expended: Provided, That the funds made available under this
heading in this title shall be used to conduct audits and
investigations of projects and activities carried out with funds made
available to the Department of Transportation: Provided further, That
the Inspector General shall have all necessary authority, in carrying
out the duties specified in the Inspector General 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 Department: Provided
further, That such amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Public and Indian Housing
public housing capital fund
(including transfer of funds)
For an additional amount for the ``Public Housing Capital Fund'' to
carry out capital and management activities for public housing
agencies, as authorized under section 9 of the United States Housing
Act of 1937 (42 U.S.C. 1437g), $24,250,000,000, to remain available
until September 30, 2022: Provided, That such additional amount shall
be subject to the provisions under this heading in title II of this
Act, except as modified by this heading in this title: Provided
further, That $19,000,000,000 of the funds provided under this heading
in this title shall be distributed under the same formula used for
amounts made available for the Capital Fund for fiscal year 2021:
Provided further, That $2,500,000,000 of the funds provided under this
heading in this title shall be awarded by competition for activities
that improve water and energy efficiency, or reduce the risk of harm to
occupants or property from natural hazards: Provided further, That
$2,750,000,000 of the funds provided under this heading in this title
shall be awarded by competition for activities that mitigate threats to
the health and safety of residents, or reduce lead-based paint hazards
and other housing related hazards, including carbon monoxide, radon, or
mold: Provided further, That in administering funds appropriated or
otherwise made available under this heading in this title, the
Secretary may waive or specify alternative requirements for any
provision of any statute or regulation in connection with the
obligation by the Secretary or the use of these funds (except for
requirements related to fair housing, nondiscrimination, labor
standards, and the environment), upon a finding that such a waiver is
necessary to expedite or facilitate the use of such funds: Provided
further, That up to 0.5 percent of the amounts made available under
this heading in this title may be transferred, in aggregate, to
``Department of Housing and Urban Development, Program Offices--Public
and Indian Housing'' to supplement existing resources for the necessary
costs of administering and overseeing the obligation and expenditure of
these amounts, to remain available until September 30, 2024: Provided
further, That such amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
choice neighborhoods initiative
(including transfer of funds)
For an additional amount for the ``Choice Neighborhoods
Initiative'', $300,000,000, to remain available until September 30,
2022: Provided, That such additional amount shall be subject to the
provisions under this heading in title II of this Act, except as
modified by this heading in this title: Provided further, That not less
than 10 percent of the amounts made available under this heading in
this title shall be used for activities that improve water and energy
efficiency, or reduce the risk of harm to occupants or property from
natural hazards: Provided further, That all construction,
rehabilitation, and related activities funded under this heading in
this title shall comply with the latest published editions of relevant
national consensus-based codes and specifications and standards
referenced therein, except that nothing in this section shall be
construed to prohibit a grantee from requiring higher standards:
Provided further, That the term ``latest published editions'' means,
with respect to relevant national consensus-based codes, and
specifications and standards referenced therein, the two most recent
published editions, including, if any, amendments made by State, local,
tribal, or territorial governments during the adoption process, that
incorporate the latest natural hazard-resistant designs and establish
criteria for the design, construction, and maintenance of structures
and facilities that may be eligible for assistance under this section
for the purposes of protecting the health, safety, and general welfare
of a buildings' users against disasters: Provided further, That up to
0.5 percent of the amounts made available under this heading in this
title may be transferred, in aggregate, to ``Department of Housing and
Urban Development, Program Offices--Public and Indian Housing'' to
supplement existing resources for the necessary costs of administering
and overseeing the obligation and expenditure of amounts under this
heading in this title, to remain available until September 30, 2024:
Provided further, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
native american programs
(including transfer of funds)
For an additional amount for ``Native American Programs'',
$1,000,000,000, to remain available until September 30, 2022, unless
otherwise specified, for activities and assistance authorized under
title I of the Native American Housing Assistance and Self-
Determination Act of 1996 (``NAHASDA'') (25 U.S.C. 4111 et seq.) and
title I of the Housing and Community Development Act of 1974 (42 U.S.C.
5301 et seq.) with respect to Indian tribes: Provided, That the amounts
made available under this heading in this title are provided as
follows:
(1) $400,000,000 shall be for the Native American Housing
Block Grants program, as authorized under title I of NAHASDA:
Provided, That amounts made available in this paragraph shall
be distributed according to the same funding formula used in
fiscal year 2021: Provided further, That the amounts
distributed through such formula shall be used for new
construction, acquisition, rehabilitation, and infrastructure
development: Provided further, That in selecting projects to be
funded, grantees shall give priority to projects for which
contracts can be awarded within 180 days from the date that
amounts are made available to the grantees: 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: Provided further, That the Secretary shall
obligate amounts allocated by formula not later than 120 days
after the date of enactment of this Act;
(2) $350,000,000 shall be for competitive grants under the
Native American Housing Block Grants program, as authorized
under title I of NAHASDA: Provided, That the Secretary shall
obligate this additional amount for competitive grants to
eligible recipients authorized under NAHASDA that apply for
funds: Provided further, That in awarding this additional
amount, the Secretary shall consider need and administrative
capacity and shall give priority to projects that will spur
construction and rehabilitation: Provided further, That a grant
funded pursuant to this paragraph shall be in an amount not
less than $500,000 and not greater than $20,000,000: Provided
further, That recipients of amounts made available in this
paragraph shall obligate 100 percent of such amounts within 1
year of the date amounts are made available to a recipient,
expend at least 50 percent of such amounts within 2 years of
the date on which amounts become available to such recipients
for obligation, and expend 100 percent of such amounts within 3
years of such date: Provided further, That the Secretary shall
issue a Notice of Funding Availability for amounts made
available in this paragraph not later than 60 days after the
date of enactment of this Act: Provided further, That such
Notice of Funding Availability shall require application
submissions 90 days after the publishing of such Notice:
Provided further, That of the applications submitted under the
preceding 2 provisos, the Secretary shall make grants not later
than 270 days after the date of enactment of this Act; and
(3) $250,000,000 shall be 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:
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:
Provided further, That the Secretary shall issue a Notice of
Funding Availability for amounts made available in this
paragraph not later than 180 days after the date of enactment
of this Act: Provided further, That such Notice of Funding
Availability shall require application submissions 90 days
after the publishing of such Notice: Provided further, That of
the applications submitted under the preceding 2 provisos, the
Secretary shall make grants not later than 390 days after the
date of enactment of this Act:
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 in this title (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 to expedite or facilitate the
use of such amounts: Provided further, That not less than 10 percent of
the amounts made available under this heading in this title shall be
used for activities that improve water and energy efficiency, or reduce
the risk of harm to occupants or property from natural hazards:
Provided further, That up to 1 percent of the amounts made available in
paragraphs (2) and (3) under this heading in this title may be
transferred, in aggregate, to ``Department of Housing and Urban
Development, Program Offices--Public and Indian Housing'' for necessary
costs of administering and overseeing the obligation and expenditure of
such amounts, to remain available until September 30, 2023: Provided
further, That such amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
native hawaiian housing block grant
(including transfer of funds)
For an additional amount for the ``Native Hawaiian Housing Block
Grant'' program, $20,000,000, to remain available until September 30,
2022: Provided, That such additional amount shall be subject to the
provisions under this heading in title II of this Act, except as
modified by this heading in this title: Provided further, That not less
than 10 percent of the amounts made available under this heading in
this title shall be used for activities that improve water and energy
efficiency, or reduce the risk of harm to occupants or property from
natural hazards: Provided further, That up to 1 percent of the amounts
made available under this heading in this title may be transferred, in
aggregate, to ``Department of Housing and Urban Development, Program
Offices--Public and Indian Housing'' for necessary costs of
administering and overseeing the obligation and expenditure of amounts
under this heading in this title, to remain available until September
30, 2023: Provided further, That such amount is designated by the
Congress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
Community Planning and Development
community development fund
(including transfer of funds)
For an additional amount for ``Community Development Fund'',
$4,000,000,000, to remain available until September 30, 2022: Provided,
That such additional amount shall be subject to the provisions under
this heading in title II of this Act, except as modified by this
heading in this title: Provided further, That such amount made
available under this heading in this title shall be distributed
pursuant to section 106 of the Housing and Community Development Act of
1974 (42 U.S.C. 5306) to grantees that received allocations pursuant to
that same formula in fiscal year 2020, and that such allocations shall
be made within 30 days of enactment of this Act: Provided further, That
not less than 10 percent of the amounts made available under this
heading in this title shall be used for activities that improve water
and energy efficiency, or reduce the risk of harm to occupants or
property from natural hazards (including activities that facilitate the
adoption of the most recent published editions of relevant national
consensus-based codes): Provided further, That of the amounts made
available under this heading in this title, up to 0.5 percent may be
transferred to ``Department of Housing and Urban Development, Program
Offices--Community Planning and Development'' for necessary costs of
administering and overseeing the obligation and expenditure of amounts
under this heading in this title, to remain available until September
30, 2028: Provided further, That such amount is designated by the
Congress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
home investment partnerships program
(including transfer of funds)
For an additional amount for the ``HOME Investment Partnerships
Program'', as authorized under title II of the Cranston-Gonzalez
National Affordable Housing Act, as amended, $17,500,000,000, to remain
available until September 30, 2024: Provided, That such additional
amount shall be subject to the provisions under this heading in title
II of this Act, except as modified by this heading in this title:
Provided further, That of the amounts made available under this heading
in this title, the Secretary shall use not less than $1,750,000,000 for
projects eligible for amounts made available under this heading in this
title located in or directly benefitting areas of persistent poverty:
Provided further, That for purposes of the preceding proviso, the term
``areas of persistent poverty'' means (1) any county that has
consistently had 20 percent or more of the population living in poverty
during the 30-year period preceding the date of enactment of this Act,
as measured by the 1990 and 2000 decennial census and the most recent
annual Small Area Income and Poverty Estimates as estimated by the
Bureau of the Census, (2) any census tract with a poverty rate of at
least 20 percent as measured by the 2014-2018 5-year data series
available from the American Community Survey of the Census Bureau, or
(3) any territory or possession of the United States: Provided further,
That grants awarded under the preceding 2 provisos shall not be subject
to a minimum grant size: Provided further, That not less than 10
percent of the amounts made available under this heading in this title
shall be used for activities that improve water and energy efficiency,
or reduce the risk of harm to occupants or property from natural
hazards: Provided further, That of the amounts made available under
this heading in this title, up to 0.5 percent may be transferred to
``Department of Housing and Urban Development, Program Offices--
Community Planning and Development'' for necessary costs of
administering and overseeing the obligation and expenditure of amounts
under this heading in this title, to remain available until September
30, 2028: Provided further, That such amount is designated by the
Congress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
self-help and assisted homeownership opportunity program
For an additional amount for the ``Self-Help and Assisted
Homeownership Opportunity Program'', as authorized under section 11 of
the Housing Opportunity Program Extension Act of 1996, as amended,
$55,000,000, to remain available until September 30, 2023: Provided,
That such additional amount shall be subject to the provisions under
this heading in title II of this Act, except as modified by this
heading in this title: Provided further, That of the amount provided
under this heading in this title, $10,000,000 shall be made available
to the Self-Help Homeownership Opportunity Program: Provided further,
That of the amount provided under this heading in this title,
$40,000,000 shall be made available for the second, third, and fourth
capacity building activities authorized under 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 made available for rural capacity building
activities: Provided further, That of the amount provided under this
heading in this title, $5,000,000 shall be made available for capacity
building by national rural housing organizations: Provided further,
That such amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Housing Programs
assisted housing investments
(including transfer of funds)
For assistance to owners of properties receiving project-based
subsidy contracts under the United States Housing Act of 1937 (42
U.S.C. 1437 et seq.), $750,000,000, to remain available until September
30, 2024: Provided, That funds provided under this heading in this
title shall be for competitive grants for capital improvements to such
properties: Provided further, That not less than $250,000,000 of the
grants made available under this heading in this title shall be for
grants for activities that mitigate threats to the health and safety of
residents; reduce lead-based paint hazards, and other housing related
hazards including carbon monoxide, radon, or mold; improve water and
energy efficiency; or reduce the risk of harm to occupants or property
from natural hazards: Provided further, That projects funded with
grants provided under this heading in this title must comply with the
requirements of subchapter IV of chapter 31 of title 40, United States
Code: Provided further, That such grants shall be provided through the
policies, procedures, contracts, and transactional infrastructure of
the authorized programs administered by the Department of Housing and
Urban Development, on such terms and conditions as the Secretary of
Housing and Urban Development deems appropriate to ensure the
maintenance and preservation of the property, the continued operation
and maintenance of energy efficiency technologies, and the timely
expenditure of funds: Provided further, That the grants shall include a
financial assessment and physical inspection of such property: Provided
further, That eligible owners must have at least a satisfactory
management review rating, be in substantial compliance with applicable
performance standards and legal requirements, and commit to an
additional period of affordability determined by the Secretary, but of
not fewer than 15 years: Provided further, That in administering funds
appropriated or otherwise made available under this heading in this
title, the Secretary may waive or specify alternative requirements for
any provision of any statute or regulation in connection with the
obligation by the Secretary or the use of these funds (except for
requirements related to fair housing, nondiscrimination, labor
standards, and the environment), upon a finding that such a waiver is
necessary to expedite or facilitate the use of such funds: Provided
further, That of the amounts made available under this heading in this
title, up to 0.5 percent may be transferred to ``Department of Housing
and Urban Development, Program Offices--Office of Housing'' for
necessary costs of administering and overseeing the obligation and
expenditure of amounts under this heading in this title, to remain
available until September 30, 2028: Provided further, That such amount
is designated by the Congress as being for an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
housing for the elderly
(including transfer of funds)
For an additional amount for assistance for ``Housing for the
Elderly'' as authorized by section 202 of the Housing Act of 1959, as
amended, $750,000,000, to remain available until September 30, 2024,
for use for capital advances under section 202(c)(1) of such Act and
for project rental assistance under section 202(c)(2) of such Act in
connection with such advances, including amendments to contracts for
such assistance, but not including renewal of expiring contracts for
such assistance: Provided, That such additional amount shall be subject
to the provisions under this heading in title II of this Act, except as
modified by this heading in this title: Provided further, That not less
than 10 percent of the amounts made available under this heading in
this title shall be used for activities that improve water and energy
efficiency, or reduce the risk of harm to occupants or property from
natural hazards: Provided further, That of the amounts made available
under this heading in this title, up to 0.5 percent may be transferred
to ``Department of Housing and Urban Development, Program Offices--
Office of Housing'' for necessary costs of administering and overseeing
the obligation and expenditure of amounts under this heading in this
title, to remain available until September 30, 2028: Provided further,
That such amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
housing for persons with disabilities
(including transfer of funds)
For an additional amount for ``Housing for Persons with
Disabilities'', for assistance 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), $179,000,000, to
remain available until September 30, 2024, to provide for additional
capital advances and project rental assistance for supportive housing
for persons with disabilities under section 811(b)(2) of such Act:
Provided, That such additional amount shall be subject to the
provisions under this heading in title II of this Act, except as
modified by this heading in this title: Provided further, That not less
than 10 percent of the amounts made available under this heading in
this title shall be used for activities that improve water and energy
efficiency, or reduce the risk of harm to occupants or property from
natural hazards: Provided further, That of the amounts made available
under this heading in this title, up to 0.5 percent may be transferred
to ``Department of Housing and Urban Development, Program Offices--
Office of Housing'' for necessary costs of administering and overseeing
the obligation and expenditure of amounts under this heading in this
title, to remain available until September 30, 2028: Provided further,
That such amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Office of Lead Hazard Control and Healthy Homes
lead hazard reduction
For an additional amount for the ``Lead Hazard Reduction Program'',
as authorized by section 1011 of the Residential Lead-Based Paint
Hazard Reduction Act of 1992, $100,000,000, to remain available until
September 30, 2023, of which $25,000,000 shall be for the Healthy Homes
Initiative, pursuant to sections 501 and 502 of the Housing and Urban
Development Act of 1970: Provided, That such additional amount shall be
subject to the provisions under this heading in title II of this Act,
except as modified by this heading in this title: Provided further,
That not less than $40,000,000 of the amounts made available under this
heading in this title for the award of grants pursuant to section 1011
of the Residential Lead-Based Paint Hazard Reduction Act of 1992 shall
be provided to areas with the highest lead-based paint abatement needs:
Provided further, That not less than $10,000,000 of the amounts made
available under this heading in this title for the Healthy Homes
Initiative, the Secretary shall give priority to applicants who have
partnerships with grantees of the Department of Energy's Weatherization
Assistance Program: Provided further, That such amount is designated by
the Congress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
Cybersecurity and Information Technology Fund
For an additional amount for ``Cybersecurity and Information
Technology Fund'', $100,000,000, to remain available until September
30, 2023: Provided, That the amount made available under this heading
in this title shall be for the development, modernization, and
enhancement of, modifications to, and infrastructure for cybersecurity
support, operations, controls, and documentation; multifamily housing
IT modernization; and resolving open Office of Inspector General and
Government Accountability Office recommendations: Provided further,
That such amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Office of Inspector General
For an additional amount for the necessary salaries and expenses of
the ``Office of Inspector General'' in carrying out the Inspector
General Act of 1978, as amended, $7,500,000, to remain available until
expended: Provided, That the Inspector General shall have independent
authority over all personnel issues within this office: Provided
further, That such amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
RELATED AGENCY
Neighborhood Reinvestment Corporation
payment to the neighborhood reinvestment corporation
For an additional 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), $300,000,000 to remain available until expended, for grants
to its charter member organization and affiliated capital corporations
for neighborhood reinvestment activities intended to spur economic
stabilization and recovery, including: construction of affordable
single-family and multifamily housing, rehabilitation of existing
single-family and multifamily housing, activities that improve water
and energy efficiency, or reduce the risk of harm to occupants or
property from natural hazards, rental assistance, housing counseling,
and support to ongoing economic development efforts: Provided, That
such additional amount shall be subject to the provisions under this
heading in title III of this Act, except as modified by this heading in
this title: Provided further, That of the total amount made available
under this heading in this title, up to $1,500,000 may be used for
associated administrative expenses for the Neighborhood Reinvestment
Corporation to carry out activities provided under this heading in this
title: Provided further, That not less than 10 percent of the amounts
made available under this heading in this title shall be used for
activities that improve water and energy efficiency, or reduce the risk
of harm to occupants or property from natural hazards: Provided
further, That such amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
general provisions--additional infrastructure investments
Sec. 501. (a) Notwithstanding any other provision of law and in a
manner consistent with other provisions in this title, all laborers and
mechanics employed by contractors and subcontractors on projects funded
directly by or assisted in whole or in part by and through the Federal
Government pursuant to this title shall be paid wages at rates not less
than those prevailing on projects of a character similar in the
locality as determined by the Secretary of Labor in accordance with
subchapter IV of chapter 31 of title 40, United States Code. With
respect to the labor standards specified in this section, the Secretary
of Labor shall have the authority and functions set forth in
Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.)
and section 63145 of title 40, United States Code.
(b) Subsection (a) shall not apply to tribal contracts entered into
by the Department of Housing and Urban Development with amounts made
available under the headings ``Native American Programs'' and ``Native
Hawaiian Housing Block Grant'' in this title.
(c) The amounts provided by this section are designated by the
Congress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
Sec. 502. For amounts made available in this title under the
headings ``Northeast Corridor Grants to the National Railroad Passenger
Corporation'' and ``National Network Grants to the National Railroad
Passenger Corporation'', the Secretary of Transportation may not waive
the requirements under section 24312 of title 49, United States Code,
and section 24305(f) of title 49, United States Code: Provided, That
for amounts made available in this title under such headings the
Secretary shall require the National Railroad Passenger Corporation to
comply with the Railroad Retirement Act of 1974 (45 U.S.C. 231 et
seq.), the Railway Labor Act (45 U.S.C. 151 et seq.), and the Railroad
Unemployment Insurance Act (45 U.S.C. 351 et seq.): Provided further,
That the amounts made available in this title under such headings shall
be used by the National Railroad Passenger Corporation to prevent
employee furloughs: Provided further, That none of the funds made
available in this title under such headings may be used by the National
Railroad Passenger Corporation to reduce the frequency of rail service
on any long-distance route or State-supported route (as such terms are
defined in section 24102 of title 49, United States Code) below
frequencies for such routes in fiscal year 2019, except in an
emergency, during maintenance or construction outages impacting such
routes, or at the request of the State or States supporting such State-
supported routes.
Sec. 503. Each amount designated in this Act by the Congress as
being for an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of 1985 shall
be available (or rescinded or transferred, if applicable) only if the
President subsequently so designates all such amounts and transmits
such designations to the Congress.
This Act may be cited as the ``Transportation, Housing and Urban
Development, and Related Agencies Appropriations Act, 2021''.
Union Calendar No. 363
116th CONGRESS
2d Session
H. R. 7616
[Report No. 116-452]
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A BILL
Making appropriations for the Departments of Transportation, and
Housing and Urban Development, and related agencies for the fiscal year
ending September 30, 2021, and for other purposes.
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July 16, 2020
Committed to the Committee of the Whole House on the State of the Union
and ordered to be printed