[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3045 Introduced in Senate (IS)]
<DOC>
117th CONGRESS
1st Session
S. 3045
Making appropriations for the Departments of Transportation, and
Housing and Urban Development, and related agencies for the fiscal year
ending September 30, 2022, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
October 21, 2021
Mr. Schatz introduced the following bill; which was read twice and
referred to the Committee on Appropriations
_______________________________________________________________________
A BILL
Making appropriations for the Departments of Transportation, and
Housing and Urban Development, and related agencies for the fiscal year
ending September 30, 2022, 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, 2022, 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,
$140,948,000, of which not to exceed $3,513,000 shall be available for
the immediate Office of the Secretary; not to exceed $1,254,000 shall
be available for the immediate Office of the Deputy Secretary; not to
exceed $25,352,000 shall be available for the Office of the General
Counsel; not to exceed $14,069,000 shall be available for the Office of
the Under Secretary of Transportation for Policy; not to exceed
$18,291,000 shall be available for the Office of the Assistant
Secretary for Budget and Programs; not to exceed $3,791,000 shall be
available for the Office of the Assistant Secretary for Governmental
Affairs; not to exceed $34,899,000 shall be available for the Office of
the Assistant Secretary for Administration; not to exceed $3,095,000
shall be available for the Office of Public Affairs; not to exceed
$2,116,000 shall be available for the Office of the Executive
Secretariat; not to exceed $14,821,000 shall be available for the
Office of Intelligence, Security, and Emergency Response; and not to
exceed $19,747,000 shall be available for the Office of the Chief
Information Officer: Provided, That the Secretary of Transportation
(referred to in this title as the ``Secretary'') is authorized to
transfer funds appropriated for any office of the Office of the
Secretary to any other office of the Office of the Secretary: Provided
further, That no appropriation for any office shall be increased or
decreased by more than 7 percent by all such transfers: Provided
further, That notice of any change in funding greater than 7 percent
shall be submitted for approval to the House and Senate Committees on
Appropriations: Provided further, That not to exceed $70,000 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 provided in 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, $48,363,000, of which
$44,718,000 shall remain available until expended: Provided, That
there may be credited to this appropriation, to be available until
expended, funds received from States, counties, municipalities, other
public authorities, and private sources for expenses incurred for
training: Provided further, That any reference in law, regulation,
judicial proceedings, or elsewhere to the Research and Innovative
Technology Administration shall continue to be deemed to be a reference
to the Office of the Assistant Secretary for Research and Technology of
the Department of Transportation.
national infrastructure investments
(including transfer of funds)
For capital investments in surface transportation infrastructure,
$1,090,000,000 to remain available until September 30, 2025: Provided,
That the Secretary 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, but not be limited to,
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 amount made available under
this heading, the Secretary shall use an amount not more than
$35,000,000 for competitive grants or cooperative agreements to develop
and implement technical assistance, capacity building, planning,
preparation or design of projects eligible for amounts made available
under this heading, of which not less than $15,000,000 is for projects
eligible for amounts made available under this heading located in or to
directly benefit areas of persistent poverty or disadvantaged
communities as defined in section 193 of this Act: Provided further,
That grants awarded under the preceding proviso 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 the 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 appropriate balance in addressing the needs of urban and
rural areas, including tribal areas, and the investment in a variety of
transportation modes: Provided further, That a grant award under this
heading shall be not less than $5,000,000 and not greater than
$30,000,000: 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: 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 (UA), as designated by the Bureau of the Census, that had a
population greater than 200,000 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, not more than 50 percent shall be awarded as urban awards
and rural awards, respectively: Provided further, That for rural
awards, the minimum grant size shall be $1,000,000: Provided further,
That for rural awards, and awards to areas of persistent poverty or
disadvantaged communities, 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
$20,000,000 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
none of the amounts made available in the preceding proviso may be used
to hire additional personnel: 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 no later than 120 days after 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 two provisos, the Secretary shall make grants no later than
330 days after enactment of this Act in such amounts that the Secretary
determines.
building resilient infrastructure through innovative solutions
(including transfer of funds)
For capital investments to improve the resilience of coastal
transportation infrastructure vulnerable to current and future weather
events and natural disasters, including sea level rise, coastal
erosion, extreme weather, earthquakes, flooding, and permafrost thaw,
$300,000,000, to remain available until expended: Provided, That the
Secretary shall distribute amounts made available under this heading as
competitive grants to be awarded to a State, local or tribal
government, territory, transit agency, port authority, metropolitan
planning organization, political subdivision of a State or local
government, or a collaboration among such entities or in partnership
with a university or university transportation center: Provided
further, That the Secretary shall prioritize grant awards for: (1)
coastal infrastructure projects to address long-term risk of sea level
rise; (2) projects located in geographically isolated areas with
limited alternatives for the movement of freight and people; and (3)
projects that use innovative solutions to improve resiliency,
including, but not limited to, the use of innovative materials, nature-
based solutions, and other innovative solutions developed through
research conducted at university transportation centers: Provided
further, That projects eligible for amounts made available under this
heading shall include, but not be limited to, highway or bridge
projects eligible under title 23, United States Code; public
transportation projects eligible under chapter 53 of title 49, United
States Code; airport projects; passenger and freight rail
transportation projects; port infrastructure investments (including
inland port infrastructure and land ports of entry); 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; and projects constructing, improving, or
rehabilitating infrastructure that has the primary purpose of
protecting transportation infrastructure: Provided further, That of
the amount made available under this heading, the Secretary may use not
more than $10,000,000 for the planning, preparation or design of
projects eligible for amounts made available under this heading:
Provided further, That of the amounts awarded under this heading, not
less than 25 percent shall be awarded as rural awards, as defined under
the ``National Infrastructure Investments'' heading in this Act:
Provided further, That of the amounts awarded under this heading, not
less than 10 percent may be awarded for projects that directly benefit
areas of persistent poverty and disadvantaged communities as defined
under section 193 of this Act: Provided further, That for rural
awards, awards to areas of persistent poverty, or to disadvantaged
communities, 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 apply to projects
under this heading the Federal requirements that the Secretary
determines are appropriate based on the purpose of the building
resilient infrastructure through innovative solutions program, the
requirements expressly stated under this heading, and the Federal
requirements applicable to comparable projects supported by other
Department of Transportation financial assistance programs: Provided
further, That the Secretary may retain up to 2 percent of the amounts
made available under this heading, and may transfer a portion of such
amounts to the Administrators of the Federal Aviation Administration,
Federal Highway Administration, the Federal Transit Administration, the
Federal Railroad Administration, and the Maritime Administration to
fund the award and oversight of grants made under the building
resilient infrastructure through innovative solutions program.
safe and accessible roadways for all
(including transfer of funds)
For necessary expenses to carry out a safe and accessible roadways
for all grant program to support local initiatives to prevent death and
serious injury for all users on all public roads and streets,
$50,000,000, to remain available until September 30, 2025: Provided,
That funds made available under this heading may be made available to
develop a comprehensive safety action plan; to conduct planning,
design, development, and activities for projects and strategies
identified in a comprehensive safety action plan; or to carry out
infrastructure projects and strategies identified in a comprehensive
safety action plan: Provided further, That the Secretary shall
distribute amounts made available under this heading on a competitive
basis to a State, local or tribal government, territory, political
subdivision of a State or local government, metropolitan planning
organization on behalf of one or more political subdivisions of a State
or territory, including counties, cities, towns, and villages; a unit
of local government, including a county or special district; a
federally-recognized tribe or a consortium of federally-recognized
tribes; or a multijurisdictional group of the entities described in
this proviso: Provided further, That to be eligible for a grant from
amounts made available under this heading, an entity described in the
preceding proviso shall submit to the Secretary an application in such
form, at such time, and containing such information as the Secretary
determines is appropriate: Provided further, That funds made available
under this heading shall be prioritized to entities and projects that:
(1) are shown to have the potential to reduce or eliminate
transportation-related fatalities and serious injuries involving
various road users, including pedestrians, bicyclists, public
transportation users, motorists, and commercial operators, and any
other transportation user type appropriate to the context, within the
timeframe proposed by the eligible entity; (2) demonstrate engagement
with a variety of public and private stakeholders, including
underserved communities; (3) seek to adopt innovative technologies or
strategies to promote safety; (4) employ low-cost, high-impact
strategies that can improve safety over a wider geographical area; (5)
ensure, or will ensure, equitable investment in the safety needs of
underserved or rural communities in preventing transportation-related
fatalities and injuries, including to address the safety and mobility
needs of communities with elderly populations; (6) include evidence-
based projects or strategies; and (7) meet other safety priorities as
determined by the Secretary: Provided further, That not more than 15
percent of the funds made available under this heading may be awarded
to eligible projects in a single State: Provided further, That up to
40 percent of the funds made available under this heading may be
awarded to projects to develop a comprehensive safety action plan:
Provided further, That not less than 25 percent of the funds made
available under this heading shall be awarded as rural awards, as
defined under the ``National Infrastructure Investments'' heading in
this Act: Provided further, That of the amounts awarded under this
heading, not less than 10 percent may be awarded for projects that
directly benefit areas of persistent poverty and disadvantaged
communities as defined under section 193 of this Act: Provided
further, That the Federal share of the cost of an eligible project
carried out using a grant provided under this heading shall not exceed
80 percent, unless the Secretary determines that a higher Federal share
would be in the public interest: Provided further, That for rural
awards, and awards to areas of persistent poverty or to disadvantaged
communities, 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 apply to projects
under this heading the Federal requirements that the Secretary
determines are appropriate based on the purpose of the safe and
accessible roadways for all program, the requirements expressly stated
under this heading, and the Federal requirements applicable to
comparable projects supported by other Department of Transportation
financial assistance programs: Provided further, That the Secretary
may retain up to 2 percent of the amounts made available under this
heading, and may transfer a portion of such amounts to the
Administrator of the Federal Highways Administration, Federal Railroad
Administration, or Federal Transit Administration to fund the award,
oversight, and administrative expenses of the program.
national surface transportation and innovative finance bureau
For necessary expenses of the National Surface Transportation and
Innovative Finance Bureau as authorized by 49 U.S.C. 116, $3,800,000,
to remain available until expended: Provided, That the Secretary may
collect and spend fees, as authorized by title 23, United States Code,
to cover the costs of services of expert firms, including counsel, in
the field of municipal and project finance to assist in the
underwriting and servicing of Federal credit instruments and all or a
portion of the costs to the Federal Government of servicing such credit
instruments: Provided further, That such fees are available until
expended to pay for such costs: Provided further, That such amounts
are in addition to other amounts made available for such purposes and
are not subject to any obligation limitation or the limitation on
administrative expenses under section 608 of title 23, United States
Code.
railroad rehabilitation and improvement financing program
The Secretary is authorized to issue direct loans and loan
guarantees pursuant to sections 501 through 504 of the Railroad
Revitalization and Regulatory Reform Act of 1976 (Public Law 94-210),
as amended, such authority shall exist as long as any such direct loan
or loan guarantee is outstanding.
financial management capital
For necessary expenses for upgrading and enhancing the Department
of Transportation's financial systems and re-engineering business
processes, $5,000,000, to remain available through September 30, 2023.
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, $39,440,000, to remain
available until September 30, 2023.
office of civil rights
For necessary expenses of the Office of Civil Rights, $11,564,000.
transportation planning, research, and development
(including transfer of funds)
For necessary expenses for conducting transportation planning,
research, systems development, development activities, and making
grants, $30,413,000, to remain available until expended: Provided,
That of such amount, $2,000,000 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: Provided further, That of the
amounts made available under this heading, $7,616,000 shall be made
available for the purposes, and in amounts, specified for
Congressionally directed spending in the table entitled ``Incorporation
of Congressionally Directed Spending for Transportation Planning,
Research, and Development'' included in the explanatory statement
accompanying this Act.
working capital fund
(including transfer of funds)
For necessary expenses for operating costs and capital outlays of
the Working Capital Fund, not to exceed $419,173,000, 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, $4,977,000, to remain available
until September 30, 2023: 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, $317,700,000, to be derived from
the Airport and Airway Trust Fund, to remain available until expended:
Provided, That in determining between or among carriers competing to
provide service to a community, the Secretary may consider the relative
subsidy requirements of the carriers: Provided further, That basic
essential air service minimum requirements shall not include the 15-
passenger capacity requirement under section 41732(b)(3) of title 49,
United States Code: Provided further, That amounts authorized to be
distributed for the essential air service program under section
41742(b) of title 49, United States Code, shall be made available
immediately from amounts otherwise provided to the Administrator of the
Federal Aviation Administration: Provided further, That the
Administrator may reimburse such amounts from fees credited to the
account established under section 45303 of title 49, United States
Code.
electric vehicle fleet
(including transfer of funds)
For necessary expenses to transition to the General Services
Administration's leased vehicle fleet, for the purchase of electric
passenger motor vehicles, and to provide necessary charging
infrastructure, $11,000,000, to remain available until expended:
Provided, That such amounts made available under this heading may be
transferred to other accounts of the Department of Transportation for
the purposes specified under this heading: Provided further, That such
transfer authority is in addition to any other transfer authority
provided by law.
administrative provisions--office of the secretary of transportation
Sec. 101. None of the funds made available by this Act to the
Department of Transportation may be obligated for the Office of the
Secretary of Transportation to approve assessments or reimbursable
agreements pertaining to funds appropriated to the operating
administrations in this Act, except for activities underway on the date
of enactment of this Act, unless such assessments or agreements have
completed the normal reprogramming process for congressional
notification.
Sec. 102. The Secretary shall post on the web site of the
Department of Transportation a schedule of all meetings of the Council
on Credit and Finance, including the agenda for each meeting, and
require the Council on Credit and Finance to record the decisions and
actions of each meeting.
Sec. 103. In addition to authority provided by section 327 of
title 49, United States Code, the Department's Working Capital Fund is
authorized to provide partial or full payments in advance and accept
subsequent reimbursements from all Federal agencies from available
funds for transit benefit distribution services that are necessary to
carry out the Federal transit pass transportation fringe benefit
program under Executive Order No. 13150 and section 3049 of SAFETEA-LU
(5 U.S.C. 7905 note): Provided, That the Department shall maintain a
reasonable operating reserve in the Working Capital Fund, to be
expended in advance to provide uninterrupted transit benefits to
Government employees: Provided further, That such reserve shall not
exceed 1 month of benefits payable and may be used only for the purpose
of providing for the continuation of transit benefits: Provided
further, That the Working Capital Fund shall be fully reimbursed by
each customer agency from available funds for the actual cost of the
transit benefit.
Sec. 104. Receipts collected in the Department's Working Capital
Fund, as authorized by section 327 of title 49, United States Code, for
unused van pool benefits, in an amount not to exceed 10 percent of
fiscal year 2022 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 2022 of such collections shall not exceed $1,000,000.
Sec. 105. None of the funds in this Act may be obligated or
expended for retention or senior executive bonuses for an employee of
the Department of Transportation without the prior written approval of
the Assistant Secretary for Administration.
Sec. 106. In addition to authority provided by section 327 of
title 49, United States Code, the Department's Administrative Working
Capital Fund is hereby authorized to transfer information technology
equipment, software, and systems from Departmental sources or other
entities and collect and maintain a reserve at rates which will return
full cost of transferred assets.
Sec. 107. None of the funds provided in this Act to the Department
of Transportation may be used to provide credit assistance unless not
less than 3 days before any application approval to provide credit
assistance under sections 603 and 604 of title 23, United States Code,
the Secretary provides notification in writing to the following
committees: the House and Senate Committees on Appropriations; the
Committee on Environment and Public Works and the Committee on Banking,
Housing and Urban Affairs of the Senate; and the Committee on
Transportation and Infrastructure of the House of Representatives:
Provided, That such notification shall include, but not be limited to,
the name of the project sponsor; a description of the project; whether
credit assistance will be provided as a direct loan, loan guarantee, or
line of credit; and the amount of credit assistance.
Sec. 108. For an additional amount for ``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), as amended, 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, $10,000,000, to remain available
until expended: Provided, That for a direct loan included in cohort 3,
as defined in the memorandum described in the preceding proviso, 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 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.
Sec. 109. Section 312(a) of title 49 United States Code, shall be
modified by striking ``land-based,'' after ``operation of a''.
Federal Aviation Administration
operations
(airport and airway trust fund)
For necessary expenses of the Federal Aviation Administration, not
otherwise provided for, including operations and research activities
related to commercial space transportation, administrative expenses for
research and development, establishment of air navigation facilities,
the operation (including leasing) and maintenance of aircraft,
subsidizing the cost of aeronautical charts and maps sold to the
public, the lease or purchase of passenger motor vehicles for
replacement only, $11,434,100,000, to remain available until September
30, 2023, of which $8,434,100,000 to be derived from the Airport and
Airway Trust Fund: Provided, That of the amounts made available under
this heading--
(1) not less than $1,536,298,000 shall be available for
aviation safety activities;
(2) $8,489,585,000 shall be available for air traffic
organization activities;
(3) $32,470,000 shall be available for commercial space
transportation activities;
(4) $892,216,000 shall be available for finance and
management activities;
(5) $63,955,000 shall be available for NextGen and
operations planning activities;
(6) $139,466,000 shall be available for security and
hazardous materials safety; and
(7) $280,110,000 shall be available for staff offices:
Provided further, That not to exceed 5 percent of any budget
activity, except for aviation safety budget activity, may be
transferred to any budget activity under this heading: Provided
further, That no transfer may increase or decrease any appropriation
under this heading by more than 5 percent: Provided further, That any
transfer in excess of 5 percent shall be treated as a reprogramming of
funds under section 405 of this Act and shall not be available for
obligation or expenditure except in compliance with the procedures set
forth in that section: Provided further, That not later than 60 days
after the submission of the budget request, the Administrator of the
Federal Aviation Administration shall transmit to Congress an annual
update to the report submitted to Congress in December 2004 pursuant to
section 221 of the Vision 100-Century of Aviation Reauthorization Act
(49 U.S.C. 40101 note): Provided further, That the amounts made
available under this heading shall be reduced by $100,000 for each day
after 60 days after the submission of the budget request that such
report has not been transmitted to Congress: Provided further, That
not later than 60 days after the submission of the budget request, the
Administrator shall transmit to Congress a companion report that
describes a comprehensive strategy for staffing, hiring, and training
flight standards and aircraft certification staff in a format similar
to the one utilized for the controller staffing plan, including stated
attrition estimates and numerical hiring goals by fiscal year:
Provided further, That the amounts made available under this heading
shall be reduced by $100,000 for each day after the date that is 60
days after the submission of the budget request that such report has
not been submitted to Congress: Provided further, That funds may be
used to enter into a grant agreement with a nonprofit standard-setting
organization to assist in the development of aviation safety standards:
Provided further, That none of the funds made available by this Act
shall be available for new applicants for the second career training
program: Provided further, That none of the funds made available by
this Act shall be available for the Federal Aviation Administration to
finalize or implement any regulation that would promulgate new aviation
user fees not specifically authorized by law after the date of the
enactment of this Act: Provided further, That there may be credited to
this appropriation, as offsetting collections, funds received from
States, counties, municipalities, foreign authorities, other public
authorities, and private sources for expenses incurred in the provision
of agency services, including receipts for the maintenance and
operation of air navigation facilities, and for issuance, renewal or
modification of certificates, including airman, aircraft, and repair
station certificates, or for tests related thereto, or for processing
major repair or alteration forms: Provided further, That of the
amounts made available under this heading, not less than $178,400,000
shall be used to fund direct operations of the current air traffic
control towers in the contract tower program, including the contract
tower cost share program, and any airport that is currently qualified
or that will qualify for the program during the fiscal year: Provided
further, That none of the funds made available by this Act for
aeronautical charting and cartography are available for activities
conducted by, or coordinated through, the Working Capital Fund:
Provided further, That none of the funds appropriated or otherwise made
available by this Act or any other Act may be used to eliminate the
Contract Weather Observers program at any airport.
facilities and equipment
(airport and airway trust fund)
For necessary expenses, not otherwise provided for, for
acquisition, establishment, technical support services, improvement by
contract or purchase, and hire of national airspace systems and
experimental facilities and equipment, as authorized under part A of
subtitle VII of title 49, United States Code, including initial
acquisition of necessary sites by lease or grant; engineering and
service testing, including construction of test facilities and
acquisition of necessary sites by lease or grant; construction and
furnishing of quarters and related accommodations for officers and
employees of the Federal Aviation Administration stationed at remote
localities where such accommodations are not available; and the
purchase, lease, or transfer of aircraft from funds made available
under this heading, including aircraft for aviation regulation and
certification; to be derived from the Airport and Airway Trust Fund,
$3,200,000,000, of which $550,000,000 shall remain available until
September 30, 2023, $2,264,280,200 shall remain available until
September 30, 2024, and $385,719,800 shall remain available until
September 30, 2028: Provided, That there may be credited to this
appropriation funds received from States, counties, municipalities,
other public authorities, and private sources, for expenses incurred in
the establishment, improvement, and modernization of national airspace
systems: Provided further, That not later than 60 days after
submission of the budget request, the Secretary of Transportation shall
transmit to the Congress an investment plan for the Federal Aviation
Administration which includes funding for each budget line item for
fiscal years 2023 through 2027, 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
(airport and airway trust fund)
For necessary expenses, not otherwise provided for, for research,
engineering, and development, as authorized under part A of subtitle
VII of title 49, United States Code, including construction of
experimental facilities and acquisition of necessary sites by lease or
grant, $258,500,000, to be derived from the Airport and Airway Trust
Fund and to remain available until September 30, 2024: 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 explanatory statement accompanying this Act:
Provided further, That not to exceed 10 percent of any funding level
specified under this heading in the explanatory statement accompanying
this Act may be transferred to any other funding level specified under
this heading in the explanatory statement 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 2022, 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 $127,165,000 shall be available for
administration, not less than $15,000,000 shall be available for the
Airport Cooperative Research Program, not less than $40,961,000 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, $603,471,000, to remain available
through September 30, 2024: Provided, That amounts made available
under this heading shall be derived from the general fund, and such
funds shall not be subject to apportionment formulas, special
apportionment categories, or minimum percentages under chapter 471 of
title 49, United States Code: Provided further, That of the amounts
made available under this heading, $203,471,000 shall be made available
for the purposes, and in amounts, specified for Congressionally
directed spending in the table entitled ``Incorporation of
Congressionally Directed Spending for Airport Improvement Program''
included in the explanatory statement accompanying this Act: Provided
further, That any remaining funds available after the distribution of
funds under the preceding proviso shall be available to the Secretary
to distribute 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 made 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 2022.
Sec. 111. None of the funds made available by this Act shall be
used to pursue or adopt guidelines or regulations requiring airport
sponsors to provide to the Federal Aviation Administration without cost
building construction, maintenance, utilities and expenses, or space in
airport sponsor-owned buildings for services relating to air traffic
control, air navigation, or weather reporting: Provided, That the
prohibition on the use of funds in this section does not apply to
negotiations between the agency and airport sponsors to achieve
agreement on ``below-market'' rates for these items or to grant
assurances that require airport sponsors to provide land without cost
to the Federal Aviation Administration for air traffic control
facilities.
Sec. 112. The Administrator of the Federal Aviation Administration
may reimburse amounts made available to satisfy section 41742(a)(1) of
title 49, United States Code, from fees credited under section 45303 of
title 49, United States Code, and any amount remaining in such account
at the close of any fiscal year may be made available to satisfy
section 41742(a)(1) of title 49, United States Code, for the subsequent
fiscal year.
Sec. 113. Amounts collected under section 40113(e) of title 49,
United States Code, shall be credited to the appropriation current at
the time of collection, to be merged with and available for the same
purposes as such appropriation.
Sec. 114. None of the funds made available by this Act shall be
available for paying premium pay under section 5546(a) of title 5,
United States Code, to any Federal Aviation Administration employee
unless such employee actually performed work during the time
corresponding to such premium pay.
Sec. 115. None of the funds made available by this Act may be
obligated or expended for an employee of the Federal Aviation
Administration to purchase a store gift card or gift certificate
through use of a Government-issued credit card.
Sec. 116. Notwithstanding any other provision of law, none of the
funds made available under this Act or any prior Act may be used to
implement or to continue to implement any limitation on the ability of
any owner or operator of a private aircraft to obtain, upon a request
to the Administrator of the Federal Aviation Administration, a blocking
of that owner's or operator's aircraft registration number, Mode S
transponder code, flight identification, call sign, or similar
identifying information from any ground based display to the public
that would allow the real-time or near real-time flight tracking of
that aircraft's movements, except data made available to a Government
agency, for the noncommercial flights of that owner or operator.
Sec. 117. None of the funds made available by this Act shall be
available for salaries and expenses of more than nine political and
Presidential appointees in the Federal Aviation Administration.
Sec. 118. None of the funds made available by this Act may be used
to increase fees pursuant to section 44721 of title 49, United States
Code, until the Federal Aviation Administration provides to the House
and Senate Committees on Appropriations a report that justifies all
fees related to aeronautical navigation products and explains how such
fees are consistent with Executive Order No. 13642.
Sec. 119. None of the funds made available by this Act may be used
to close a regional operations center of the Federal Aviation
Administration or reduce its services unless the Administrator notifies
the House and Senate Committees on Appropriations not less than 90 full
business days in advance.
Sec. 119A. None of the funds made available by or limited by this
Act may be used to change weight restrictions or prior permission rules
at Teterboro airport in Teterboro, New Jersey.
Sec. 119B. None of the funds made available by this Act may be
used by the Administrator of the Federal Aviation Administration to
withhold from consideration and approval any new application for
participation in the Contract Tower Program, or for reevaluation of
Cost-share Program participants so long as the Federal Aviation
Administration has received an application from the airport, and so
long as the Administrator determines such tower is eligible using the
factors set forth in Federal Aviation Administration published
establishment criteria.
Sec. 119C. None of the funds made available by this Act may be
used to open, close, redesignate as a lesser office, or reorganize a
regional office, the aeronautical center, or the technical center
unless the Administrator submits a request for the reprogramming of
funds under section 405 of this Act.
Sec. 119D. The Federal Aviation Administration Administrative
Services Franchise Fund may be reimbursed after performance or paid in
advance from funds available to the Federal Aviation Administration and
other Federal agencies for which the Fund performs services.
Sec. 119E. Of the funds provided under the heading ``Grants-in-aid
for Airports'', up to $3,500,000 shall be for necessary expenses,
including an independent verification regime, to provide reimbursement
to airport sponsors that do not provide gateway operations and
providers of general aviation ground support services, or other
aviation tenants, located at those airports closed during a temporary
flight restriction (TFR) for any residence of the President that is
designated or identified to be secured by the United States Secret
Service, and for direct and incremental financial losses incurred while
such airports are closed solely due to the actions of the Federal
Government: Provided, That no funds shall be obligated or distributed
to airport sponsors that do not provide gateway operations and
providers of general aviation ground support services until an
independent audit is completed: Provided further, That losses incurred
as a result of violations of law, or through fault or negligence, of
such operators and service providers or of third parties (including
airports) are not eligible for reimbursements: Provided further, That
obligation and expenditure of funds are conditional upon full release
of the United States Government for all claims for financial losses
resulting from such actions.
Sec. 119F. In this fiscal year and each fiscal year thereafter,
none of the funds appropriated or otherwise made available to the FAA
may be used to carry out the FAA's obligations under section 44502(e)
of title 49, United States Code, unless the eligible air traffic system
or equipment to be transferred to the FAA under section 44502(e) of
title 49, United States Code, was purchased by the transferor airport--
(1) during the period of time beginning on October 5, 2018
and ending on December 31, 2021; or
(2) on or after January 1, 2022 for transferor airports
located in a non-contiguous states.
Federal Highway Administration
limitation on administrative expenses
(highway trust fund)
(including transfer of funds)
Not to exceed $492,000,000 together with advances and
reimbursements received by the Federal Highway Administration, shall be
obligated for necessary expenses for administration and operation of
the Federal Highway Administration: Provided, That in addition,
$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 (FAST) Act (Public Law 114-94) shall
not exceed total obligations of $46,365,092,000 for fiscal year 2022.
(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, $47,104,092,000 derived from the Highway Trust
Fund (other than the Mass Transit Account), to remain available until
expended.
highway infrastructure programs
(including transfer of funds)
There is hereby appropriated to the Secretary $2,839,611,000:
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 2022 in this or any other Act for: (1)
``Federal-aid Highways'' under chapter 1 of title 23, United States
Code; (2) the Appalachian Development Highway System as authorized
under section 1069(y) of Public Law 102-240; or (3) the Norther Border
Regional Commission (40 U.S.C. 15101 et seq.), and shall not affect the
distribution or amount of funds provided in any other Act: Provided
further, That, except for funds made available under this heading for
the Northern Border Regional Commission, section 1101(b) of 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,
2025: Provided further, That of the funds made available under this
heading--
(1) $499,611,000 shall be made available for the purposes,
and in the amounts, specified for Congressionally directed
spending in the table entitled ``Incorporation of
Congressionally Directed Spending for Highway Infrastructure
Programs'' included in the explanatory statement accompanying
this Act;
(2) $640,680,000 shall be for activities eligible 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;
(3) $2,670,000 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) $650,000 shall be for activities eligible under the
Territorial Highway Program, as described in section 165(c)(6)
of title 23, United States Code;
(5) $100,000,000 shall be for the nationally significant
Federal lands and tribal projects program under section 1123 of
the FAST Act;
(6) $1,345,000,000 shall be for a bridge replacement and
rehabilitation program;
(7) $125,000,000 shall be for a competitive highway bridge
program;
(8) $100,000,000 shall be for necessary expenses for
construction of the Appalachian Development Highway System as
authorized under section 1069(y) of Public Law 102-240;
(9) $16,000,000 shall be for the national scenic byways
program under section 162 of title 23, United States Code; and
(10) $10,000,000 shall be transferred to the Northern
Border Regional Commission (40 U.S.C. 15101 et seq.) to make
grants to carry out pilot projects that demonstrate the
capabilities of wood-based infrastructure projects:
Provided further, That for the purposes of funds made available under
this heading, in paragraphs (2) and (7) 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 this heading, in
paragraph (2) of the fourth proviso, shall be suballocated 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, in
paragraph (2) of the fourth proviso: Provided further, That, except as
otherwise provided under this heading, the funds made available under
this heading, in paragraphs (1), (2), (6), (7), and (9) of the fourth
proviso, shall be administered as if apportioned under chapter 1 of
such title: Provided further, That the funds made available under this
heading, in paragraph (1) of the fourth proviso, that are used for
Tribal projects shall be administered as if allocated under chapter 2
of title 23, United States Code, except that the set-asides described
in subparagraph (C) of section 202(b)(3) of title 23, United States
Code, and subsections (a)(6), (c), (d), and (e) of section 202 of such
title shall not apply to such funds: Provided further, That, the funds
made available under this heading, in paragraph (2) of the fourth
proviso, shall be apportioned to the States in the same ratio as the
obligation limitation for fiscal year 2022 is distributed among the
States in section 120(a)(5) of this Act: Provided further, That,
except as provided in the following proviso, the funds made available
under this heading, in paragraph (3) of the fourth proviso, for
activities eligible under the Puerto Rico Highway Program and, in
paragraph (4) of the fourth proviso, for 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, in paragraph (3) of the fourth proviso, 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 not less than 25 percent of the funds
made available under this heading, in paragraph (5) of the fourth
proviso, for the nationally significant Federal lands and tribal
projects program under section 1123 of the FAST Act shall be for
competitive grants to tribal governments: Provided further, That for
the purposes of funds made available under this heading, in paragraph
(6) of the fourth proviso, for a bridge replacement and rehabilitation
program, (1) the term ``State'' means any of the 50 States or the
District of Columbia, and (2) the term ``qualifying State'' means any
State in which the percentage of total deck area of bridges classified
as in poor condition in such State is at least 5 percent or in which
the percentage of total bridges classified as in poor condition in such
State is at least 5 percent: Provided further, That, of the funds made
available under this heading, in paragraph (6) of the fourth proviso,
for a bridge replacement and rehabilitation program, the Secretary
shall reserve $6,000,000 for each State that does not meet the
definition of a qualifying State: Provided further, That, after making
the reservations under the preceding proviso, the Secretary shall
distribute the remaining funds made available under this heading, in
paragraph (6) of the fourth proviso, for a bridge replacement and
rehabilitation program to each qualifying State by the proportion that
the percentage of total deck area of bridges classified as in poor
condition in such qualifying State bears to the sum of the percentages
of total deck area of bridges classified as in poor condition in all
qualifying States: Provided further, That, of the funds made available
under this heading, in paragraph (6) of the fourth proviso, for the
bridge replacement and rehabilitation program:
(1) no qualifying State shall receive more than
$60,000,000;
(2) each State shall receive an amount not less than
$6,000,000; and
(3) after calculating the distribution of funds pursuant to
the preceding proviso, any amount in excess of $60,000,000
shall be redistributed equally among each State that does not
meet the definition of a qualifying State:
Provided further, That funds made available under this heading, in
paragraph (6) of the fourth proviso, provided to States that do not
meet the definition of a qualifying State for the bridge replacement
and rehabilitation program under this heading shall be: (1) merged with
amounts made available to such State under this heading, in paragraph
(2) of the fourth proviso; (2) available for activities eligible under
paragraph (2) of the fourth proviso; and (3) administered as if
apportioned under chapter 1 of title 23, United States Code: Provided
further, That, except as provided in the preceding proviso, the funds
made available under this heading, in paragraph (6) of the fourth
proviso, for a bridge replacement and rehabilitation program shall be
used for highway bridge replacement or rehabilitation projects on
public roads: Provided further, That for purposes of this heading for
the bridge replacement and rehabilitation program, the Secretary shall
calculate the percentages of total deck area of bridges (including the
percentages of total deck area classified as in poor condition) and the
percentages of total bridge counts (including the percentages of total
bridges classified as in poor condition) based on the National Bridge
Inventory as of December 31, 2018: Provided further, That for the
purposes of funds made available under this heading, in paragraph (7)
of the fourth proviso, for a competitive highway bridge program, the
Secretary shall provide competitive grants for replacement,
rehabilitation, preservation, protection, and construction of bridges
on public roads: Provided further, That for the purposes of funds made
available under this heading, in paragraph (7) of the fourth proviso,
for a competitive highway bridge program, the Secretary shall
prioritize grant awards for bridge projects that are located in: (1)
States with high bridge replacement unit costs; or (2) rural areas that
are geographically isolated or do not have alternate roadways to access
a community: Provided further, That for the purposes of funds made
available under this heading, in paragraph (8) of the fourth proviso,
for construction of the Appalachian Development Highway System, the
term ``Appalachian State'' means a State that contains 1 or more
counties (including any political subdivision located within the area)
in the Appalachian region as defined in section 14102(a) of title 40,
United States Code: Provided further, That funds made available under
this heading for construction of the Appalachian Development Highway
System shall remain available until expended: Provided further, That a
project carried out with funds made available under this heading for
construction of the Appalachian Development Highway System shall be
carried out in the same manner as a project under section 14501 of
title 40, United States Code: Provided further, That subject to the
following proviso, funds made available under this heading for
construction of the Appalachian Development Highway System shall be
apportioned to Appalachian States according to the percentages derived
from the 2012 Appalachian Development Highway System Cost-to-Complete
Estimate, adopted in Appalachian Regional Commission Resolution Number
736, and confirmed as each Appalachian State's relative share of the
estimated remaining need to complete the Appalachian Development
Highway System, adjusted to exclude those corridors that such States
have no current plans to complete, as reported in the 2013 Appalachian
Development Highway System Completion Report, unless those States have
modified and assigned a higher priority for completion of an
Appalachian Development Highway System corridor, as reported in the
2020 Appalachian Development Highway System Future Outlook: Provided
further, That the Secretary shall adjust apportionments made under the
preceding proviso so that no Appalachian State shall be apportioned an
amount in excess of 30 percent of the amount made available for
construction of the Appalachian Development Highway System under this
heading: Provided further, That the Secretary shall consult with the
Appalachian Regional Commission in making adjustments under the
preceding two provisos: Provided further, That the Federal share of
the costs for which an expenditure is made for construction of the
Appalachian Development Highway System under this heading shall be up
to 100 percent: Provided further, That a grant made with funds made
available under this heading, in paragraph (10) of the fourth proviso,
shall be administered in the same manner as a grant made under subtitle
V of title 40, United States Code.
administrative provisions--federal highway administration
Sec. 120. (a) For fiscal year 2022, the Secretary of Transportation
shall--
(1) not distribute from the obligation limitation for
Federal-aid highways--
(A) amounts authorized for administrative expenses
and programs by section 104(a) of title 23, United
States Code; and
(B) amounts authorized for the Bureau of
Transportation Statistics;
(2) not distribute an amount from the obligation limitation
for Federal-aid highways that is equal to the unobligated
balance of amounts--
(A) made available from the Highway Trust Fund
(other than the Mass Transit Account) for Federal-aid
highway and highway safety construction programs for
previous fiscal years the funds for which are allocated
by the Secretary (or apportioned by the Secretary under
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 2022, only in an amount equal
to $639,000,000).
(c) Redistribution of Unused Obligation Authority.--Notwithstanding
subsection (a), the Secretary shall, after August 1 of such fiscal
year--
(1) revise a distribution of the obligation limitation made
available under subsection (a) if an amount distributed cannot
be obligated during that fiscal year; and
(2) redistribute sufficient amounts to those States able to
obligate amounts in addition to those previously distributed
during that fiscal year, giving priority to those States having
large unobligated balances of funds apportioned under sections
144 (as in effect on the day before the date of enactment of
Public Law 112-141) and 104 of title 23, United States Code.
(d) Applicability of Obligation Limitations to Transportation
Research Programs.--
(1) In general.--Except as provided in paragraph (2), the
obligation limitation for Federal-aid highways shall apply to
contract authority for transportation research programs carried
out under--
(A) chapter 5 of title 23, United States Code; 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 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. 124. (a) A State or territory, as defined in section 165 of
title 23, United States Code, may use for any project eligible under
section 133(b) of title 23 or section 165 of title 23 and located
within the boundary of the State or territory any earmarked amount, and
any associated obligation limitation: Provided, That the Department of
Transportation for the State or territory for which the earmarked
amount was originally designated or directed notifies the Secretary of
its intent to use its authority under this section and submits an
annual report to the Secretary identifying the projects to which the
funding would be applied. Notwithstanding the original period of
availability of funds to be obligated under this section, such funds
and associated obligation limitation shall remain available for
obligation for a period of 3 fiscal years after the fiscal year in
which the Secretary is notified. The Federal share of the cost of a
project carried out with funds made available under this section shall
be the same as associated with the earmark.
(b) In this section, the term ``earmarked amount'' means--
(1) congressionally directed spending, as defined in rule
XLIV of the Standing Rules of the Senate, identified in a prior
law, report, or joint explanatory statement, which was
authorized to be appropriated or appropriated more than 10
fiscal years prior to the current fiscal year, and administered
by the Federal Highway Administration; or
(2) a congressional earmark, as defined in rule XXI of the
Rules of the House of Representatives, identified in a prior
law, report, or joint explanatory statement, which was
authorized to be appropriated or appropriated more than 10
fiscal years prior to the current fiscal year, and administered
by the Federal Highway Administration.
(c) The authority under subsection (a) may be exercised only for
those projects or activities that have obligated less than 10 percent
of the amount made available for obligation as of October 1 of the
current fiscal year, and shall be applied to projects within the same
general geographic area within 25 miles for which the funding was
designated, except that a State or territory may apply such authority
to unexpended balances of funds from projects or activities the State
or territory certifies have been closed and for which payments have
been made under a final voucher.
(d) The Secretary shall submit consolidated reports of the
information provided by the States and territories annually to the
House and Senate Committees on Appropriations.
Sec. 125. Until final guidance is published, the Administrator of
the Federal Highway Administration shall adjudicate requests for Buy
America waivers under the criteria that were in effect prior to April
17, 2018.
Sec. 126. Section 1105(e)(5)(A) of the Intermodal Surface
Transportation Efficiency Act of 1991 (Public Law 102-240; 105 Stat.
2032; 109 Stat. 597; 118 Stat. 293; 133 Stat. 3018) is amended, in the
first sentence, by inserting ``clauses (i) and (iv) of
subsection(c)(38)(A),'' after ``subsection (c)(37),''.
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 (Public Law
114-94), $288,000,000, to be derived from the Highway Trust Fund (other
than the Mass Transit Account), together with advances and
reimbursements received by the Federal Motor Carrier Safety
Administration, the sum of which shall remain available until expended:
Provided, That funds available for implementation, execution, or
administration of motor carrier safety operations and programs
authorized under title 49, United States Code, shall not exceed total
obligations of $288,000,000, for ``Motor Carrier Safety Operations and
Programs'' for fiscal year 2022, of which $9,073,000, to remain
available for obligation until September 30, 2024, is for the research
and technology program, and of which not less than $35,334,000, to
remain available for obligation until September 30, 2024, is for
development, modernization, enhancement, continued operation, and
maintenance of information technology and information management.
motor carrier safety grants
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out sections 31102,
31103, 31104, and 31313 of title 49, United States Code, as amended by
the Fixing America's Surface Transportation Act (Public Law 114-94),
$393,800,000, to be derived from the Highway Trust Fund (other than the
Mass Transit Account) and to remain available until expended:
Provided, That funds available for the implementation or execution of
motor carrier safety programs shall not exceed total obligations of
$393,800,000 in fiscal year 2022 for ``Motor Carrier Safety Grants'':
Provided further, That of the sums appropriated under this heading:
(1) $308,700,000 shall be available for the motor carrier
safety assistance program;
(2) $33,200,000 shall be available for the commercial
driver's license program implementation program;
(3) $49,900,000 shall be available for the high priority
activities program, of which $5,000,000 is to be made available
from prior year unobligated contract authority provided for
Motor Carrier Safety Grants in the Transportation Equity Act
for the 21st Century (Public Law 105-178), SAFETEA-LU (Public
Law 109-59), or other appropriations or authorization Acts; and
(4) $2,000,000 shall be made available for the commercial
motor vehicle operators grant program, of which $1,000,000 is
to be made available from prior year unobligated contract
authority provided for Motor Carrier Safety Grants in the
Transportation Equity Act for the 21st Century (Public Law 105-
178), SAFETEA-LU (Public Law 109-59), or other appropriations
or authorization Acts.
administrative provisions--federal motor carrier safety administration
Sec. 130. 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.
Sec. 131. None of the funds appropriated or otherwise made
available to the Department of Transportation by this Act or any other
Act may be obligated or expended to implement, administer, or enforce
the requirements of section 31137 of title 49, United States Code, or
any regulation issued by the Secretary pursuant to such section, with
respect to the use of electronic logging devices by operators of
commercial motor vehicles, as defined in section 31132(1) of such
title, transporting livestock as defined in section 602 of the
Emergency Livestock Feed Assistance Act of 1988 (7 U.S.C. 1471) or
insects.
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,
$220,550,000, of which $40,000,000 shall remain available through
September 30, 2023.
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), and chapter 303 of title 49, United States Code, $155,300,000,
to be derived from the Highway Trust Fund (other than the Mass Transit
Account) and to remain available until expended: Provided, That none
of the funds in this Act shall be available for the planning or
execution of programs the total obligations for which, in fiscal year
2022, are in excess of $155,300,000: Provided further, That of the
sums appropriated under this heading--
(1) $149,800,000 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 within the $155,300,000 obligation limitation
for operations and research, $20,000,000 shall remain available until
September 30, 2023, 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 2022 in this Act.
highway traffic safety grants
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out provisions of
sections 402, 404, and 405 of title 23, United States Code, and grant
administration expenses under chapter 4 of title 23, United States
Code, to remain available until expended, $623,017,000, to be derived
from the Highway Trust Fund (other than the Mass Transit Account):
Provided, That none of the funds in this Act shall be available for the
planning or execution of programs for which the total obligations in
fiscal year 2022 are in excess of $623,017,000 for programs authorized
under sections 402, 404, and 405 of title 23, United States Code, and
grant administration expenses under chapter 4 of title 23, United
States Code: Provided further, That of the sums appropriated under
this heading--
(1) $279,800,000 shall be for ``Highway Safety Programs''
under section 402 of title 23, United States Code;
(2) $285,900,000 shall be for ``National Priority Safety
Programs'' under section 405 of title 23, United States Code;
(3) $30,500,000 shall be for the ``High Visibility
Enforcement Program'' under section 404 of title 23, United
States Code; and
(4) $26,817,000 shall be for grant administrative expenses
under chapter 4 of title 23, United States Code:
Provided further, That none of these funds shall be used for
construction, rehabilitation, or remodeling costs, or for office
furnishings and fixtures for State, local or private buildings or
structures: Provided further, That not to exceed $500,000 of the funds
made available for ``National Priority Safety Programs'' under section
405 of title 23, United States Code, for ``Impaired Driving
Countermeasures'' (as described in subsection (d) of that section)
shall be available for technical assistance to the States: Provided
further, That with respect to the ``Transfers'' provision under section
405(a)(8) of title 23, United States Code, any amounts transferred to
increase the amounts made available under section 402 shall include the
obligation authority for such amounts: Provided further, That the
Administrator shall notify the House and Senate Committees on
Appropriations of any exercise of the authority granted under the
preceding proviso or under section 405(a)(8) of title 23, United States
Code, within 5 days.
administrative 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. 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, $242,757,000, of which $25,000,000 shall remain
available until expended: Provided, That of the amounts provided under
this heading, up to $2,100,000 shall be available for the alteration
and repair of buildings and improvements for fire and life safety,
emergency power system, waste and potable water management, and
asbestos abatement projects, to carry out necessary railroad safety,
training, and research activities at the Transportation Technology
Center.
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, $220,000,000, to remain available until expended:
Provided, 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 the
Secretary may withhold up to 1 percent of the amount provided 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.
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, $522,860,000, to remain available until
expended: Provided, That section 22905(f) of title 49, United States
Code, shall not apply to projects for the implementation or sustainment
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 available
under this heading eligible recipients under section 22907(b) of title
49, United States Code, shall include any holding company of a Class II
railroad or Class III railroad (as those terms are defined in section
20102 of title 49, United States Code): Provided further, That
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 of the amounts
made available under this heading, $120,860,000 shall be made available
for the purposes, and in amounts, specified for Congressionally
directed spending in the table entitled ``Incorporation of
Congressionally Directed Spending, for Consolidated Rail Infrastructure
and Safety Improvements'' included in the explanatory statement
accompanying this Act: Provided further, That any remaining funds
available after the distribution of funds under the preceding proviso
shall be available to the Secretary to distribute as discretionary
grants under this heading: Provided further, That the Secretary may
withhold up to 2 percent of the amount provided 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.
restoration and enhancement
For necessary expenses related to Restoration and Enhancement
Grants, as authorized by section 24408 of title 49, United States Code,
$2,000,000, to remain available until expended: Provided, That the
Secretary may withhold up to 2 percent of the funds provided under this
heading to fund the costs of award and project management and
oversight: Provided further, That amounts made available under this
heading may be provided to make payments for use of Amtrak equipment
under Section 209 of the Passenger Rail Investment and Improvement Act
of 2008 (division B, title II of Public Law 110-432, as amended),
whether characterized as a capital cost or operating cost, and
notwithstanding any limitation in paragraph (c) of that section:
Provided further, That the preceding proviso shall 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.
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),
$968,692,693, to remain available until expended: Provided, That the
Secretary may retain up to one-half of 1 percent of the funds provided
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 division A of Public Law 114-94: Provided further, That in
addition to the project management oversight funds authorized under
section 11101(c) of division A of Public Law 114-94, the Secretary may
retain up to an additional $5,000,000 of the funds provided 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 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: Provided further,
That of the amounts made available under this heading and the
``National Network Grants to the National Railroad Passenger
Corporation'' heading, $100,000,000 shall be made available to fund the
replacement of the single-level passenger cars used on the Northeast
Corridor, State-supported routes, and long-distance routes, as such
terms are defined in section 24102 of title 49, United States Code.
national network grants to the national railroad passenger corporation
To enable the Secretary of Transportation to make grants to the
National Railroad Passenger Corporation for activities associated with
the National Network as authorized by section 11101(b) of the Fixing
America's Surface Transportation Act (division A of Public Law 114-94),
$1,731,307,307, to remain available until expended: Provided, That the
Secretary may retain up to an additional $2,000,000 of the funds
provided 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 at least $50,000,000 of the
amount provided under this heading shall be available for the
development, installation and operation of railroad safety
improvements, including the implementation of a positive train control
system, on State-supported routes as defined under section 24102(13) of
title 49, United States Code, on which positive train control systems
are not required by law or regulation as identified on or before the
date of enactment of this Act: Provided further, That any unobligated
balances from amounts provided under this heading in prior Acts for the
development, installation and operation of railroad safety technology
on State-supported routes on which positive train control systems are
not required by law or regulation shall also be available for railroad
safety improvements on State-supported routes as identified on or
before the date of enactment of this Act: 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 2021 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 2021 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. Of the unobligated balances of funds remaining from--
(1) ``Railroad Safety Grants'' accounts totaling
$1,715,414.34 appropriated by the following public laws are
hereby permanently rescinded:
(A) Public Law 105-277 a total of $7,052.79 under
the heading ``Railroad Safety'';
(B) Public Law 113-235 a total of $190,265.91 from
section 153 under the heading ``Administrative
Provisions--Federal Railroad Administration''; and
(C) Public Law 114-113 a total of $1,518,095.64;
and
(2) ``Capital Assistance for High Speed Rail Corridors and
Intercity Passenger Rail Service'' account totaling
$13,327,006.39 appropriated by Public Law 111-117 is hereby
permanently rescinded.
Sec. 154. It is the sense of Congress that--
(1) long-distance passenger rail routes provide much-needed
transportation access for 4,700,000 riders in 325 communities
in 40 States and are particularly important in rural areas; and
(2) long-distance passenger rail routes and services should
be sustained to ensure connectivity throughout the National
Network (as defined in section 24102 of title 49, United States
Code).
Federal Transit Administration
administrative expenses
For necessary administrative expenses of the Federal Transit
Administration's programs authorized by chapter 53 of title 49, United
States Code, $131,500,000 which shall remain available until September
30, 2023: Provided, That upon submission to the Congress of the fiscal
year 2023 President's budget, the Secretary of Transportation shall
transmit to Congress the annual report on Capital Investment Grants,
including proposed allocations for fiscal year 2023.
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, $10,800,000,000, 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, shall not exceed total
obligations of $10,150,348,462 in fiscal year 2022: 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.
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, formula grants to rural areas
under section 5311 of such title, high density state apportionments
under section 5340(d) of such title, state of good repair grants under
section 5337 of such title, ferry boats grants under section 5307(h) of
such title, bus testing facilities under section 5318 of such title,
grants to areas of persistent poverty, innovative mobility solutions
grants under section 5312 of such title, and accelerating innovative
mobility initiative grants under section 5312 such title, $756,998,000,
to remain available until expended: Provided, That of the sums
provided under this heading--
(1) $300,000,000 shall be available for the buses and bus
facilities grants as authorized under section 5339 of such
title, of which $200,000,000 shall be available for the buses
and bus facilities formula grants as authorized under section
5339(a) of such title, and $100,000,000 shall be available for
buses and bus facilities competitive grants as authorized under
section 5339(b) of such title;
(2) $132,000,000 shall be available for the low or no
emission grants as authorized under section 5339(c) of such
title: Provided, That the minimum grant award shall be not
less than $750,000;
(3) $45,000,000 shall be available for formula grants for
rural areas as authorized under section 5311 of such title;
(4) $45,000,000 shall be available for the high density
state apportionments as authorized under section 5340(d) of
such title;
(5) $45,000,000 shall be available for state of good repair
grants as authorized under section 5337 of such title;
(6) $13,000,000 shall be available for ferry boat grants as
authorized under section 5307(h) of such title: Provided, That
of the amounts provided under this subparagraph, no less than
$6,000,000 shall be available for low or zero-emission ferries
or ferries using electric battery or fuel cell components and
the infrastructure to support such ferries;
(7) $2,000,000 shall be available for the operation and
maintenance of the bus testing facilities selected under
section 5318 of such title;
(8) $20,000,000 shall be available for competitive grants
to eligible entities to assist areas of persistent poverty or
disadvantaged communities as defined in section 193 of this
Act: Provided, That grants shall be for planning, engineering,
or development of technical or financing plans for projects
eligible under chapter 53 of title 49, United States Code:
Provided further, That eligible entities are those defined as
eligible recipients or subrecipients under sections 5307, 5310
or 5311 of title 49, United States Code, and are in areas of
persistent poverty: Provided further, That the Federal Transit
Administration should complete outreach to such counties and
the departments of transportation within applicable States via
personal contact, webinars, web materials and other appropriate
methods determined by the Administrator of the Federal Transit
Administration: Provided further, That State departments of
transportation may apply on behalf of eligible entities within
their States: Provided further, That the Federal Transit
Administration should encourage grantees to work with non-
profits or other entities of their choosing in order to develop
planning, technical, engineering, or financing plans: Provided
further, That the Federal Transit Administration shall
encourage grantees to partner with non-profits that can assist
with making projects low or no emissions;
(9) $1,000,000 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;
(10) $1,000,000 shall be for the accelerating innovative
mobility initiative as authorized under section 5312 of title
49, United States Code: Provided, That such amounts shall be
available for competitive grants to improve mobility and
enhance the rider experience with a focus on innovative service
delivery models, creative financing, novel partnerships, and
integrated payment solutions in order to help disseminate
proven innovation mobility practices throughout the public
transportation industry; and
(11) $152,998,000 shall be made available for the purposes,
and in amounts, specified for Congressionally directed spending
in the table entitled ``Incorporation of Congressionally
Directed Spending for Transit Infrastructure Grants'' included
in the explanatory statement accompanying this Act: Provided
further, That any remaining funds available after the
distribution of funds under the preceding proviso shall be
available to the Secretary to distribute as discretionary
grants under this heading:
Provided further, That projects funded under paragraph (8) of this
heading shall be for not less than 90 percent of the net total project
cost: Provided further, That amounts made available by this heading
shall be derived from the general fund: Provided further, That the
amounts made available under this heading shall not be subject to any
limitation on obligations 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, $7,500,000, to remain available until September 30,
2023, of which not less than $1,500,000 shall be for a cooperative
agreement through which the Federal Transit Administration assists
small-urban, rural and tribal public transit recipients and planning
organizations with applied innovation and capacity-building: 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
(Public Law 114-94), $2,248,000,000, to remain available until
September 30, 2025: Provided, That of the amounts made available under
this heading, $1,425,000,000 shall be available for projects authorized
under section 5309(d) of title 49, United States Code, $450,000,000
shall be available for projects authorized under section 5309(e) of
title 49, United States Code, $250,520,000 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:
Provided further, That the Secretary shall continue to administer the
capital investment grants program in accordance with the procedural and
substantive requirements of section 5309 of title 49, United States
Code, and of section 3005(b) of the Fixing America's Surface
Transportation Act: Provided further, That projects that receive a
grant agreement under the Expedited Project Delivery for Capital
Investment Grants Pilot Program under section 3005(b) of the Fixing
America's Surface Transportation Act shall be deemed eligible for
funding provided for projects under section 5309 of title 49, United
States Code, without further evaluation or rating under such section:
Provided further, That such funding shall not exceed the Federal share
under section 3005(b): Provided further, That funds allocated pursuant
to 49 U.S.C. 5309 to any project during fiscal years 2015 or 2017 shall
remain allocated to that project until December 31, 2023.
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).
transit research
For necessary expenses to carry out section 5312 of title 49,
United States Code, $18,000,000, to remain available until September
30, 2024.
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 the explanatory statement
accompanying this Act not obligated by September 30, 2025, 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, 2021, under any section of chapter 53 of
title 49, United States Code, that remain available for expenditure,
may be transferred to and administered under the most recent
appropriation heading for any such section.
Sec. 163. None of the funds made available by this Act or any
other Act shall be used to adjust apportionments or withhold funds from
apportionments pursuant to section 9503(e)(4) of the Internal Revenue
Code of 1986 (26 U.S.C. 9503(e)(4)).
Sec. 164. 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 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. 167. Of the unobligated amounts made available for prior
fiscal years to Formula Grants in Treasury Account 69-X-1129, a total
of $6,734,356 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. 168. Any unexpended balances from amounts previously
appropriated for low or no emission vehicle component assessment under
49 U.S.C. 5312(h) under the headings ``Transit Formula Grants'' and
``Transit Infrastructure Grants'' in fiscal years 2021 through 2022 may
be used by the facilities selected for such vehicle component
assessment for capital projects in order to build new infrastructure
and enhance existing facilities in order to expand bus and component
testing capability, in accordance with the industry stakeholder testing
objectives and capabilities as outlined through the work of the Federal
Transit Administration Transit Vehicle Innovation and Deployment
Centers program and included in the Center for Transportation and the
Environment report submitted to the Federal Transit Administration for
review.
Great Lakes St. Lawrence Seaway Development Corporation
The Great Lakes St. Lawrence Seaway Development Corporation is
hereby authorized to make such expenditures, within the limits of funds
and borrowing authority available to the Corporation, and in accord
with law, and to make such contracts and commitments without regard to
fiscal year limitations, as provided by section 9104 of title 31,
United States Code, as may be necessary in carrying out the programs
set forth in the Corporation's budget for the current fiscal year.
operations and maintenance
(harbor maintenance trust fund)
For necessary expenses to conduct the operations, maintenance, and
capital infrastructure activities on portions of the Saint Lawrence
Seaway owned, operated, and maintained by the Great Lakes St. Lawrence
Seaway Development Corporation, $37,700,000, 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
$14,500,000 shall be for the seaway infrastructure program and not more
than $1,500,000 shall be for activities pursuant to section 984(a)(12)
of title 33, United States Code.
Maritime Administration
maritime security program
(including rescission)
For necessary expenses to maintain and preserve a U.S.-flag
merchant fleet as authorized under chapter 531 of title 46, United
States Code, to serve the national security needs of the United States,
$318,000,000, to remain available until expended: Provided, That of
the unobligated balances from prior year appropriations made available
under this heading, $42,000,000 is hereby permanently rescinded.
cable security fleet
For the cable security fleet program, as authorized under chapter
532 of title 46, United States Code, $10,000,000, to remain available
until expended.
tanker security program
For the tanker security fleet program, as authorized under section
53406 of title 46, United States Code, $60,000,000, to remain available
until expended.
operations and training
(including transfer of funds)
For necessary expenses of operations and training activities
authorized by law, $172,204,000: Provided, That of the amounts made
available under this heading--
(1) $85,032,000, to remain available until September 30,
2023, 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) $10,000,000, to remain available until September 30,
2023, shall be for the Maritime Environmental and Technical
Assistance program authorized under section 50307 of title 46,
United States Code; and
(4) $10,819,000, to remain available until expended, shall
be for the America's Marine Highways Program 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 the Administrator of the Maritime
Administration shall transmit to the House and Senate Committees on
Appropriations the annual report on sexual assault and sexual
harassment at the United States Merchant Marine Academy as required
pursuant to section 3510 of the National Defense Authorization Act for
fiscal year 2017 (46 U.S.C. 51318): Provided further, That available
balances under this heading for the Short Sea Transportation Program
(now known as the America's Marine Highway Program) 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.
state maritime academy operations
For necessary expenses of operations, support, and training
activities for State Maritime Academies, $433,300,000: Provided, That
of the sums appropriated under this heading--
(1) $30,500,000, to remain available until expended, shall
be for maintenance, repair, life extension, insurance, and
capacity improvement of National Defense Reserve Fleet training
ships, and for support of training ship operations at the State
Maritime Academies, of which up to $8,500,000, to remain
available until expended, shall be for expenses related to
training mariners; and for costs associated with training
vessel sharing pursuant to 46 U.S.C. 51504(g)(3) 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) $390,600,000, 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 through September 30,
2026, shall be for the Student Incentive Program;
(4) $3,800,000 shall remain available until expended, shall
be for training ship fuel assistance; and
(5) $6,000,000, to remain available until September 30,
2023, 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,
$10,000,000, 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, $240,000,000, 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 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 one 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);
(7) improvements that reduce environmental impact(s) of
port operations (including resiliency improvements); or
(8) 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 for grants awarded under this heading, the
minimum grant size shall be $1,000,000.
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.
Pipeline and Hazardous Materials Safety Administration
operational expenses
For necessary operational expenses of the Pipeline and Hazardous
Materials Safety Administration, $29,100,000, of which $4,500,000 shall
remain available until September 30, 2024.
hazardous materials safety
For expenses necessary to discharge the hazardous materials safety
functions of the Pipeline and Hazardous Materials Safety
Administration, $66,829,000, of which $7,570,000 shall remain available
until September 30, 2024: 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, $182,650,000, to remain available until September 30,
2024, of which $27,650,000 shall be derived from the Oil Spill
Liability Trust Fund; of which $146,600,000 shall be derived from the
Pipeline Safety Fund; of which $400,000 shall be derived from the fees
collected under section 60303 of title 49, United States Code, and
deposited in the Liquefied Natural Gas Siting Account for compliance
reviews of liquefied natural gas facilities; and of which $8,000,000
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 funds provided under this heading shall be for the
One-Call State grant program: Provided further, That any amounts
provided under this heading in this Act or in prior Acts for research
contracts, grants, cooperative agreements or research other
transactions agreements (``OTAs'') shall require written notification
to the House and Senate Committees on Appropriations not less than 3
full business days before such research contracts, grants, cooperative
agreements, or research OTAs are announced by the Department of
Transportation.
emergency preparedness grants
(limitation on obligations)
(emergency preparedness fund)
For expenses necessary to carry out the Emergency Preparedness
Grants program, not more than $28,318,000 shall remain available until
September 30, 2024, from amounts made available by section 5116(h) and
subsections (b) and (c) of section 5128 of title 49, United States
Code: Provided, That notwithstanding section 5116(h)(4) of title 49,
United States Code, not more than 4 percent of the amounts made
available from this account shall be available to pay the
administrative costs of carrying out sections 5116, 5107(e), and
5108(g)(2) of title 49, United States Code: Provided further, That
notwithstanding subsections (b) and (c) of section 5128 of title 49,
United States Code, and the limitation on obligations provided under
this heading, prior year recoveries recognized in the current year
shall be available to develop and deliver hazardous materials emergency
response training for emergency responders, including response
activities for the transportation of crude oil, ethanol, flammable
liquids, and other hazardous commodities by rail, consistent with
National Fire Protection Association standards, and to make such
training available through an electronic format: Provided further,
That the prior year recoveries made available under this heading shall
also be available to carry out sections 5116(a)(1)(C), 5116(h),
5116(i), and 5107(e) of title 49, United States Code.
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of Inspector General to carry
out the provisions of the Inspector General Act of 1978, as amended,
$103,150,000: 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. 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, letter of intent, federally funded
cooperative agreement, full funding grant agreement, or discretionary
grant unless the Secretary of Transportation notifies the House and
Senate Committees on Appropriations not less than 3 full business days
before any project competitively selected to receive any discretionary
grant award, letter of intent, loan commitment, loan guarantee
commitment, line of credit commitment, federally funded cooperative
agreement, or full funding grant agreement is announced by the
Department or its operating administrations: Provided, That the
Secretary of Transportation shall provide the House and Senate
Committees on Appropriations with a comprehensive list of all such
loans, loan guarantees, lines of credit, letters of intent, federally
funded cooperative agreements, full funding grant agreements, and
discretionary grants prior to the notification required under the
preceding proviso: Provided further, That the Secretary gives
concurrent notification to the House and Senate Committees on
Appropriations for any ``quick release'' of funds from the emergency
relief program: Provided further, That no notification shall involve
funds that are not available for obligation.
Sec. 186. Rebates, refunds, incentive payments, minor fees, and
other funds received by the Department of Transportation from travel
management centers, charge card programs, the subleasing of building
space, and miscellaneous sources are to be credited to appropriations
of the Department of Transportation and allocated to 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 Payment Integrity Information Act of 2019 (Public Law
116-117): 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 the amounts to an appropriate
account as offsetting collections and such amounts
shall be available for the purposes and period
associated with the account so credited: Provided
further, That amounts credited to programs under this
subparagraph shall not be subject to any limitation on
obligations in this or any other Act; 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 payment'' has the same
meaning as that provided in section 3351(4) of title
31, United States Code.
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
U.S.C. or title 23 U.S.C. 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. For purposes of this Act--
(1) the term ``areas of persistent poverty'' means any
county that has consistently had greater than or equal to 20
percent 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; and
(2) the term ``disadvantaged community'' means a geographic
area (or areas) including an Indian reservation that meet
objective criteria of economic distress developed by the
Infrastructure Finance Authority in consultation with the
Secretary of the Treasury and the Secretary of the Department
of Housing and Urban Development, which may include--
(A) the percentage of low-income families or the
extent of poverty, including census tracts with
persistent poverty;
(B) the rate of unemployment or underemployment;
(C) the extent of blight and disinvestment;
(D) projects that target extremely low-, very low-,
and low-income families in or outside a designated
economic distress area; or
(E) any other criteria designated by the
Infrastructure Finance Authority in consultation with
such Secretaries.
This title may be cited as the ``Department of Transportation
Appropriations Act, 2022''.
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, $13,000,000, to
remain available until September 30, 2023: Provided, That not to
exceed $25,000 of the amount made available under this heading shall be
available to the Secretary of Housing and Urban Development (referred
to in this title as ``the Secretary'') for official reception and
representation expenses as the Secretary may determine.
administrative support offices
For necessary salaries and expenses for Administrative Support
Offices, $609,666,000, to remain available until September 30, 2023:
Provided, That of the sums appropriated under this heading--
(1) $79,400,000 shall be available for the Office of the
Chief Financial Officer;
(2) $115,200,000 shall be available for the Office of the
General Counsel, of which not less than $19,900,000 shall be
for the Departmental Enforcement Center;
(3) $216,400,000 shall be available for the Office of
Administration;
(4) $45,000,000 shall be available for the Office of the
Chief Human Capital Officer;
(5) $60,400,000 shall be available for the Office of Field
Policy and Management;
(6) $28,000,000 shall be available for the Office of the
Chief Procurement Officer;
(7) $4,266,000 shall be available for the Office of
Departmental Equal Employment Opportunity; and
(8) $61,000,000 shall be available for the Office of the
Chief Information Officer:
Provided further, That funds made available under this heading may be
used for necessary administrative and non-administrative expenses of
the Department, not otherwise provided for, including purchase of
uniforms, or allowances therefor, as authorized by sections 5901 and
5902 of title 5, United States Code; hire of passenger motor vehicles;
and services as authorized by section 3109 of title 5, United States
Code: Provided further, That notwithstanding any other provision of
law, funds appropriated under this heading may be used for advertising
and promotional activities that directly support program activities
funded in this title: Provided further, That the Secretary shall
provide the House and Senate Committees on Appropriations quarterly
written notification regarding the status of pending congressional
reports: Provided further, That the Secretary shall provide in
electronic form all signed reports required by Congress.
program offices
For necessary salaries and expenses for Program Offices,
$972,687,000, to remain available until September 30, 2023: Provided,
That of the sums appropriated under this heading--
(1) $260,500,000 shall be available for the Office of
Public and Indian Housing;
(2) $147,887,000 shall be available for the Office of
Community Planning and Development;
(3) $434,000,000 shall be available for the Office of
Housing, of which not less than $13,300,000 shall be for the
Office of Recapitalization;
(4) $35,500,000 shall be available for the Office of Policy
Development and Research;
(5) $84,100,000 shall be available for the Office of Fair
Housing and Equal Opportunity; and
(6) $10,700,000 shall be available for the Office of Lead
Hazard Control and Healthy Homes.
working capital fund
(including transfer of funds)
For the working capital fund for the Department of Housing and
Urban Development (referred to in this paragraph as the ``Fund''),
pursuant, in part, to section 7(f) of the Department of Housing and
Urban Development Act (42 U.S.C. 3535(f)), amounts transferred,
including reimbursements pursuant to section 7(f), to the Fund under
this heading shall be available only for Federal shared services used
by offices and agencies of the Department, and for any such portion of
any office or agency's printing, records management, space renovation,
furniture, or supply services the Secretary has determined shall be
provided through the Fund, and the operational expenses of the Fund:
Provided, That amounts within the Fund shall not be available to
provide services not specifically authorized under this heading:
Provided further, That upon a determination by the Secretary that any
other service (or portion thereof) authorized under this heading shall
be provided through the Fund, amounts made available in this title for
salaries and expenses under the headings ``Executive Offices'',
``Administrative Support Offices'', ``Program Offices'', and
``Government National Mortgage Association'', for such services shall
be transferred to the Fund, to remain available until expended:
Provided further, That the Secretary shall notify the House and Senate
Committees on Appropriations of its plans for executing such transfers
at least 15 days in advance of such transfers.
Public and Indian Housing
tenant-based rental assistance
For activities and assistance for the provision of tenant-based
rental assistance authorized under the United States Housing Act of
1937, as amended (42 U.S.C. 1437 et seq.) (in this title ``the Act''),
not otherwise provided for, $23,719,217,000, to remain available until
expended, which shall be available on October 1, 2021 (in addition to
the $4,000,000,000 previously appropriated under this heading that
shall be available on October 1, 2021), and $4,000,000,000, to remain
available until expended, which shall be available on October 1, 2022:
Provided, That the amounts made available under this heading are
provided as follows:
(1) $24,526,926,000 shall be available for renewals of
expiring section 8 tenant-based annual contributions contracts
(including renewals of enhanced vouchers under any provision of
law authorizing such assistance under section 8(t) of the Act)
and including renewal of other special purpose incremental
vouchers: Provided, That notwithstanding any other provision
of law, from amounts provided under this paragraph and any
carryover, the Secretary for the calendar year 2022 funding
cycle shall provide renewal funding for each public housing
agency based on validated voucher management system (VMS)
leasing and cost data for the prior calendar year and by
applying an inflation factor as established by the Secretary,
by notice published in the Federal Register, and by making any
necessary adjustments for the costs associated with the first-
time renewal of vouchers under this paragraph including tenant
protection and Choice Neighborhoods vouchers: Provided
further, That none of the funds provided under this paragraph
may be used to fund a total number of unit months under lease
which exceeds a public housing agency's authorized level of
units under contract, except for public housing agencies
participating in the Moving to Work (MTW) demonstration, which
are instead governed in accordance with the requirements of the
MTW demonstration program or their MTW agreements, if any:
Provided further, That the Secretary shall, to the extent
necessary to stay within the amount specified under this
paragraph (except as otherwise modified under this paragraph),
prorate each public housing agency's allocation otherwise
established pursuant to this paragraph: Provided further, That
except as provided in the following provisos, the entire amount
specified under this paragraph (except as otherwise modified
under this paragraph) shall be obligated to the public housing
agencies based on the allocation and pro rata method described
above, and the Secretary shall notify public housing agencies
of their annual budget by the latter of 60 days after enactment
of this Act or March 1, 2022: Provided further, That the
Secretary may extend the notification period with the prior
written approval of the House and Senate Committees on
Appropriations: Provided further, That public housing agencies
participating in the MTW demonstration shall be funded in
accordance with the requirements of the MTW demonstration
program or their MTW agreements, if any, and shall be subject
to the same pro rata adjustments under the preceding provisos:
Provided further, That the Secretary may offset public housing
agencies' calendar year 2022 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 2021 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 2022 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: (1) 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; (2) for vouchers that were not in use during the
previous 12-month period in order to be available to meet a
commitment pursuant to section 8(o)(13) of the Act, or an
adjustment for a funding obligation not yet expended in the
previous calendar year for a MTW-eligible activity to develop
affordable housing for an agency added to the MTW demonstration
under the expansion authority provided in section 239 of the
Transportation, Housing and Urban Development, and Related
Agencies Appropriations Act, 2016 (division L of Public Law
114-113); (3) for adjustments for costs associated with HUD-
Veterans Affairs Supportive Housing (HUD-VASH) vouchers; (4)
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; (5) 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; (6) for withheld
payments in accordance with section 8(o)(8)(A)(ii) of the Act
for months in the previous calendar year that were subsequently
paid by the public housing agency after the agency's actual
costs were validated; and (7) 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) $100,000,000 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, relocation of witnesses (including victims of violent
crimes) in connection with efforts to combat crime in public
and assisted housing pursuant to a request from a law
enforcement or prosecution agency, enhanced vouchers under any
provision of law authorizing such assistance under section 8(t)
of the Act, Choice Neighborhood vouchers, mandatory and
voluntary conversions, and tenant protection assistance
including replacement and relocation assistance or for project-
based assistance to prevent the displacement of unassisted
elderly tenants currently residing in section 202 properties
financed between 1959 and 1974 that are refinanced pursuant to
Public Law 106-569, as amended, or under the authority as
provided under this Act: Provided, That when a public housing
development is submitted for demolition or disposition under
section 18 of the Act, the Secretary may provide section 8
rental assistance when the units pose an imminent health and
safety risk to residents: Provided further, That the Secretary
may provide section 8 rental assistance from amounts made
available under this paragraph for units assisted under a
project-based subsidy contract funded under the ``Project-Based
Rental Assistance'' heading under this title where the owner
has received a Notice of Default and the units pose an imminent
health and safety risk to residents: Provided further, That of
the amounts made available under this paragraph, no less than
$5,000,000 may be available to provide tenant protection
assistance, not otherwise provided under this paragraph, to
residents residing in low vacancy areas and who may have to pay
rents greater than 30 percent of household income, as the
result of: (A) the maturity of a HUD-insured, HUD-held or
section 202 loan that requires the permission of the Secretary
prior to loan prepayment; (B) the expiration of a rental
assistance contract for which the tenants are not eligible for
enhanced voucher or tenant protection assistance under existing
law; or (C) the expiration of affordability restrictions
accompanying a mortgage or preservation program administered by
the Secretary: Provided further, That such tenant protection
assistance made available under the preceding proviso may be
provided under the authority of section 8(t) or section
8(o)(13) of the United States Housing Act of 1937 (42 U.S.C.
1437f(t)): Provided further, That any tenant protection
voucher made available from amounts under this paragraph shall
not be reissued by any public housing agency, except the
replacement vouchers as defined by the Secretary by notice,
when the initial family that received any such voucher no
longer receives such voucher, and the authority for any public
housing agency to issue any such voucher shall cease to exist:
Provided further, That the Secretary may only provide
replacement vouchers for units that were occupied within the
previous 24 months that cease to be available as assisted
housing, subject only to the availability of funds;
(3) $2,474,117,000 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
no less than $2,444,117,000 of the amount provided in this
paragraph shall be allocated to public housing agencies for the
calendar year 2022 funding cycle based on section 8(q) of the
Act (and related Appropriation Act provisions) as in effect
immediately before the enactment of the Quality Housing and
Work Responsibility Act of 1998 (Public Law 105-276): Provided
further, That if the amounts made available under this
paragraph are insufficient to pay the amounts determined under
the preceding proviso, the Secretary may decrease the amounts
allocated to agencies by a uniform percentage applicable to all
agencies receiving funding under this paragraph or may, to the
extent necessary to provide full payment of amounts determined
under the preceding proviso, utilize unobligated balances,
including recaptures and carryover, remaining from funds
appropriated to the Department of Housing and Urban Development
under this heading from prior fiscal years, excluding special
purpose vouchers, notwithstanding the purposes for which such
amounts were appropriated: Provided further, That all public
housing agencies participating in the MTW demonstration shall
be funded in accordance with the requirements of the MTW
demonstration program or their MTW agreements, if any, and
shall be subject to the same uniform percentage decrease as
under the preceding proviso: Provided further, That amounts
provided under this paragraph shall be only for activities
related to the provision of tenant-based rental assistance
authorized under section 8, including related development
activities;
(4) $463,174,000 for the renewal of tenant-based assistance
contracts under section 811 of the Cranston-Gonzalez National
Affordable Housing Act (42 U.S.C. 8013), including necessary
administrative expenses: Provided, That administrative and
other expenses of public housing agencies in administering the
special purpose vouchers in this paragraph shall be funded
under the same terms and be subject to the same pro rata
reduction as the percent decrease for administrative and other
expenses to public housing agencies under paragraph (3) of this
heading: Provided further, That up to $10,000,000 shall be
available only (1) for adjustments in the allocation for public
housing agencies, after applications for an adjustment by a
public housing agency that experienced a significant increase,
as determined by the Secretary, in Mainstream renewal costs
resulting from unforeseen circumstances, and (2) for public
housing agencies that despite taking reasonable cost savings
measures, as determined by the Secretary, would otherwise be
required to terminate the rental assistance for Mainstream
families as a result of insufficient funding: Provided
further, That the Secretary shall allocate amounts under the
preceding proviso based on need, as determined by the
Secretary: Provided further, That upon turnover, section 811
special purpose vouchers funded under this heading in this or
prior Acts, or under any other heading in prior Acts, shall be
provided to non-elderly persons with disabilities;
(5) Of the amounts provided under paragraph (1) up to
$5,000,000 shall be for rental assistance and associated
administrative fees for Tribal HUD-VASH to serve Native
American veterans that are homeless or at-risk of homelessness
living on or near a reservation or other Indian areas:
Provided, That such amount shall be made available for renewal
grants to recipients that received assistance under prior Acts
under the Tribal HUD-VASH program: Provided further, That the
Secretary shall be authorized to specify criteria for renewal
grants, including data on the utilization of assistance
reported by grant recipients: Provided further, That such
assistance shall be administered in accordance with program
requirements under the Native American Housing Assistance and
Self-Determination Act of 1996 and modeled after the HUD-VASH
program: Provided further, That the Secretary shall be
authorized to waive, or specify alternative requirements for
any provision of any statute or regulation that the Secretary
administers in connection with the use of funds made available
under this paragraph (except for requirements related to fair
housing, nondiscrimination, labor standards, and the
environment), upon a finding by the Secretary that any such
waivers or alternative requirements are necessary for the
effective delivery and administration of such assistance:
Provided further, That grant recipients shall report to the
Secretary on utilization of such rental assistance and other
program data, as prescribed by the Secretary: Provided
further, That the Secretary may reallocate, as determined by
the Secretary, amounts returned or recaptured from awards under
the Tribal HUD-VASH program under prior Acts to existing
recipients under the Tribal HUD-VASH program;
(6) $50,000,000 for incremental rental voucher assistance
for use through a supported housing program administered in
conjunction with the Department of Veterans Affairs as
authorized under section 8(o)(19) of the United States Housing
Act of 1937: Provided, That the Secretary of Housing and Urban
Development shall make such funding available, notwithstanding
section 203 (competition provision) of this title, to public
housing agencies that partner with eligible VA Medical Centers
or other entities as designated by the Secretary of the
Department of Veterans Affairs, based on geographical need for
such assistance as identified by the Secretary of the
Department of Veterans Affairs, public housing agency
administrative performance, and other factors as specified by
the Secretary of Housing and Urban Development in consultation
with the Secretary of the Department of Veterans Affairs:
Provided further, That the Secretary of Housing and Urban
Development may waive, or specify alternative requirements for
(in consultation with the Secretary of the Department of
Veterans Affairs), any provision of any statute or regulation
that the Secretary of Housing and Urban Development administers
in connection with the use of funds made available under this
paragraph (except for requirements related to fair housing,
nondiscrimination, labor standards, and the environment), upon
a finding by the Secretary that any such waivers or alternative
requirements are necessary for the effective delivery and
administration of such voucher assistance: Provided further,
That assistance made available under this paragraph shall
continue to remain available for homeless veterans upon turn-
over;
(7) $30,000,000 shall be made available for the family
unification program as authorized under section 8(x) of the
Act: Provided, That the amounts made available under this
paragraph are provided as follows:
(A) $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) $25,000,000 shall be for new incremental
voucher assistance to assist eligible youth 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 youth upon
turnover: Provided further, That of the total amount
made available under this subparagraph, up to
$15,000,000 shall be available on a noncompetitive
basis to public housing agencies that partner with
public child welfare agencies to identify such eligible
youth, that request such assistance to timely assist
such eligible youth, and that meet any other criteria
as specified by the Secretary: Provided further, That
the Secretary shall review utilization of 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 youth, as applicable;
(8) $75,000,000 shall be for incremental rental voucher
assistance under section 8(o) of the United States Housing Act
of 1937 for voucher families with young children and for
related mobility services, of which up to $16,000,000 may be
for one-time eligible expenses defined by notice to facilitate
the leasing of such vouchers (such as security deposit
assistance and other costs related to the retention and support
of participating owners) and for mobility related services that
enable families receiving such voucher assistance to move to
lower-poverty areas: Provided, That in awarding amounts under
this paragraph, the Secretary shall: (A) consider need and
administrative capacity; (B) ensure geographic diversity,
including with respect to rural areas; and (C) give preference
to applicants that provide or will provide preference for
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)), or 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; and
(9) 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 2022 and prior years may be used for renewal of or
amendments to section 8 project-based contracts and for performance-
based contract administrators, notwithstanding the purposes for which
such funds were appropriated: Provided, That any obligated balances of
contract authority from fiscal year 1974 and prior fiscal years that
have been terminated shall be rescinded: Provided further, That
amounts heretofore recaptured, or recaptured during the current fiscal
year, from section 8 project-based contracts from source years fiscal
year 1975 through fiscal year 1987 are hereby rescinded, and an amount
of additional new budget authority, equivalent to the amount rescinded
is hereby appropriated, to remain available until expended, for the
purposes set forth under this heading, in addition to amounts otherwise
available.
public housing fund
For 2022 payments to public housing agencies for the operation and
management of public housing, as authorized by section 9(e) of the
United States Housing Act of 1937 (42 U.S.C. 1437g(e)) (the ``Act''),
and to carry out capital and management activities for public housing
agencies, as authorized under section 9(d) of the Act (42 U.S.C.
1437g(d)), $8,837,744,000, to remain available until September 30,
2025: Provided, That the amounts made available under this heading are
provided as follows:
(1) $5,019,000,000 shall be available to the Secretary to
allocate pursuant to the Operating Fund formula at part 990 of
title 24, Code of Federal Regulations, for 2022 payments;
(2) $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
such Operating Fund formula to public housing agencies that
experience, or are at risk of, financial shortfalls, as
determined by the Secretary: Provided, That after all such
shortfall needs are met, the Secretary may distribute any
remaining funds to all public housing agencies on a pro-rata
basis pursuant to such Operating Fund formula;
(3) $3,615,774,000 shall be available to the Secretary to
allocate pursuant to the Capital Fund formula at section
905.400 of title 24, Code of Federal Regulations: Provided,
That for funds provided under this paragraph, the limitation in
section 9(g)(1) of the Act shall be 25 percent: Provided
further, That the Secretary may waive the limitation in the
preceding proviso to allow public housing agencies to fund
activities authorized under section 9(e)(1)(C) of the Act:
Provided further, That the Secretary shall notify public
housing agencies requesting waivers under the preceding proviso
if the request is approved or denied within 14 days of
submitting the request: Provided further, That from the funds
made available under this paragraph, the Secretary shall
provide bonus awards in fiscal year 2022 to public housing
agencies that are designated high performers: Provided
further, That the Department shall notify public housing
agencies of their formula allocation within 60 days of
enactment of this Act;
(4) $75,000,000 shall be available for the Secretary to
make grants, notwithstanding section 203 of this title, to
public housing agencies for emergency capital needs, including
safety and security measures necessary to address crime and
drug-related activity, as well as needs resulting from
unforeseen or unpreventable emergencies and natural disasters
excluding Presidentially declared emergencies and natural
disasters under the Robert T. Stafford Disaster Relief and
Emergency Act (42 U.S.C. 5121 et seq.) occurring in fiscal year
2022, of which $45,000,000 shall be available for public
housing agencies under administrative and judicial
receiverships or under the control of a Federal monitor :
Provided, That of the amount made available under this
paragraph, not less than $10,000,000 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, 2023, for
emergency capital needs have been processed, shall be allocated
to public housing agencies for such safety and security
measures;
(5) $65,000,000 shall be for competitive grants to public
housing agencies to evaluate and reduce residential health
hazards in public housing, including lead-based paint (by
carrying out the activities of risk assessments, abatement, and
interim controls, as those terms are defined in section 1004 of
the Residential Lead-Based Paint Hazard Reduction Act of 1992
(42 U.S.C. 4851b)), carbon monoxide, mold, radon, and fire
safety: Provided, That not less than $25,000,000 of the
amounts provided under this paragraph shall be awarded for
evaluating and reducing lead-based paint hazards: Provided
further, That for purposes of environmental review, a grant
under this paragraph shall be considered funds for projects or
activities under title I of the 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
amounts made available under this paragraph shall be combined
with amounts made available under the sixth paragraph under
this heading in the Consolidated Appropriations Act, 2021
(Public Law 116-260) and shall be used in accordance with the
purposes and requirements under this paragraph;
(6) $15,000,000 shall be to support the costs of
administrative and judicial receiverships and for competitive
grants to PHAs in receivership, designated troubled or
substandard, or otherwise at risk, as determined by the
Secretary, for costs associated with public housing asset
improvement, in addition to other amounts for that purpose
provided under any heading under this title; and
(7) $23,000,000 shall be to support ongoing public housing
financial and physical assessment activities:
Provided further, That notwithstanding any other provision of law or
regulation, during fiscal year 2022, the Secretary of Housing and Urban
Development may not delegate to any Department official other than the
Deputy Secretary and the Assistant Secretary for Public and Indian
Housing any authority under paragraph (2) of section 9(j) of the Act
regarding the extension of the time periods under such section:
Provided further, That for purposes of such section 9(j), the term
``obligate'' means, with respect to amounts, that the amounts are
subject to a binding agreement that will result in outlays, immediately
or in the future.
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, $200,000,000, to remain available until September 30, 2024:
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 $100,000,000 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 make grant awards not later than 1 year after
the date of enactment of this Act in such amounts that the Secretary
determines: Provided further, That notwithstanding section 24(o) of
the 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, 2025, $170,000,000: Provided,
That the amounts made available under this heading are provided as
follows:
(1) $120,000,000 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 enable eligible
families to achieve economic independence and self-sufficiency:
Provided, That the Secretary may, by Federal Register notice,
waive or specify alternative 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 such Act, as determined by the Secretary:
Provided further, That owners or sponsors of a multifamily
property receiving project-based rental assistance under
section 8 of such Act 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) of such Act 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 under this paragraph shall be available for
competitive grants to partnerships between public housing
authorities, local workforce investment boards established
under section 107 of the Workforce Innovation and Opportunity
Act of 2014 (29 U.S.C. 3122), and other agencies and
organizations that provide support to help public housing
residents obtain employment and increase earnings: Provided
further, That applicants must demonstrate the ability to
provide services to residents, partner with workforce
investment boards, and leverage service dollars: Provided
further, That the Secretary may allow public housing agencies
to request exemptions from rent and income limitation
requirements under sections 3 and 6 of the United States
Housing Act of 1937 (42 U.S.C. 1437a, 1437d), as necessary to
implement the Jobs-Plus program, on such terms and conditions
as the Secretary may approve upon a finding by the Secretary
that any such waivers or alternative requirements are necessary
for the effective implementation of the Jobs-Plus initiative as
a voluntary program for residents: Provided further, That the
Secretary shall publish by notice in the Federal Register any
waivers or alternative requirements pursuant to the preceding
proviso no later than 10 days before the effective date of such
notice.
native american programs
For activities and assistance authorized under title I of the
Native American Housing Assistance and Self-Determination Act of 1996
(NAHASDA) (25 U.S.C. 4111 et seq.), title I of the Housing and
Community Development Act of 1974 with respect to Indian tribes (42
U.S.C. 5306(a)(1)), and related training and technical assistance,
$1,000,000,000, to remain available until September 30, 2026:
Provided, That the amounts made available under this heading are
provided as follows:
(1) $772,000,000 shall be available for the Native American
Housing Block Grants program, as authorized under title I of
NAHASDA: Provided, That, notwithstanding NAHASDA, to determine
the amount of the allocation under title I of such Act for each
Indian tribe, the Secretary shall apply the formula under
section 302 of NAHASDA 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 will
notify grantees of their formula allocation within 60 days of
the date of enactment of this Act;
(2) $150,000,000 shall be available for competitive grants
under the Native American Housing Block Grants program, as
authorized under title I of NAHASDA: Provided, That the
Secretary shall obligate 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 of housing:
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 any funds
transferred for the necessary costs of administering and
overseeing the obligation and expenditure of such additional
amounts in prior Acts may also be used for the necessary costs
of administering and overseeing such additional amount;
(3) $1,000,000 shall be available for the cost of
guaranteed notes and other obligations, as authorized by title
VI of NAHASDA: Provided, That such costs, including the costs
of modifying such notes and other obligations, shall be as
defined in section 502 of the Congressional Budget Act of 1974,
as amended: Provided further, That for fiscal year 2022 funds
made available in this Act for the cost of guaranteed notes and
other obligations and 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 are
available to subsidize the total principal amount of any notes
and other obligations, any part of which is to be guaranteed,
not to exceed $50,000,000;
(4) $70,000,000 shall be available for grants to Indian
tribes for carrying out the Indian Community Development Block
Grant program under title I of the Housing and Community
Development Act of 1974, notwithstanding section 106(a)(1) of
such Act, of which, notwithstanding any other provision of law
(including section 203 of this Act), 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 funds appropriated under this paragraph shall
be expended for planning and management development and
administration; and
(5) $7,000,000 shall be available for providing training
and technical assistance to Indian tribes, Indian housing
authorities, and tribally designated housing entities, to
support the inspection of Indian housing units, contract
expertise, and for training and technical assistance related to
funding provided under this heading and other headings under
this Act for the needs of Native American families and Indian
country: Provided, That of the funds made available under this
paragraph, not less than $2,000,000 shall be available for a
national organization as authorized under section 703 of
NAHASDA (25 U.S.C. 4212): Provided further, That amounts made
available under this paragraph may be used, contracted, or
competed as determined by the Secretary: Provided further,
That notwithstanding the provisions of the Federal Grant and
Cooperative Agreements Act of 1977 (31 U.S.C. 6301-6308), the
amounts made available under this paragraph 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), $3,000,000, 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:
Provided further, That an additional $500,000, to remain available
until expended, shall be available for administrative contract expenses
including management processes to carry out the loan guarantee program:
Provided further, That for fiscal year 2022 funds made available in
this and prior Acts for the cost of guaranteed loans, as authorized by
section 184 of the Housing and Community Development Act of 1992 (12
U.S.C. 1715z-13a), that are unobligated, including recaptures and
carryover, are available to subsidize total loan principal, any part of
which is to be guaranteed, up to $1,400,000,000, to remain available
until September 30, 2023.
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.), $15,000,000, to
remain available until September 30, 2026: 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.
native hawaiian housing loan guarantee fund
program account
(including rescission)
New commitments to guarantee loans, as authorized by section 184A
of the Housing and Community Development Act of 1992 (12 U.S.C. 1715z-
13b), any part of which is to be guaranteed, shall not exceed
$28,000,000 in total loan principal: Provided, That the Secretary may
enter into commitments to guarantee loans used for refinancing:
Provided further, That any unobligated balances, including recaptures
and carryover, remaining from amounts made available under this heading
in prior Acts and any remaining total loan principal guarantee
limitation associated with such amounts in such prior Acts are hereby
rescinded.
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.), $450,000,000, to remain available until September 30,
2023, except that amounts allocated pursuant to section 854(c)(5) of
such Act shall remain available until September 30, 2024: Provided,
That the Secretary shall renew or replace all expiring contracts for
permanent supportive housing that initially were funded under section
854(c)(5) of such Act from funds made available under this heading in
fiscal year 2010 and prior fiscal years that meet all program
requirements before awarding funds for new contracts under such
section: Provided further, That the process for submitting amendments
and approving replacement contracts shall be established by the
Secretary in a notice: Provided further, That the Department shall
notify grantees of their formula allocation within 60 days of enactment
of this Act.
community development fund
For assistance to States and units of general local government, and
other entities, for economic and community development activities, and
other purposes, $4,190,444,000, to remain available until September 30,
2025, unless otherwise specified: Provided, That of the total amount
provided under this heading, $3,550,000,000 is for carrying out the
community development block grant program under title I of the Housing
and Community Development Act of 1974, as amended (42 U.S.C. 5301 et
seq.) (in this heading ``the Act''): Provided further, 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 the first proviso: Provided
further, That the Secretary shall allocate the funds for such
activities based on the notice establishing the funding formula
published in 84 FR 16027 (April 17, 2019) except that the formula shall
use age-adjusted rates of drug overdose deaths for 2019 based on data
from the Centers for Disease Control and Prevention: Provided further,
That of the total amount made available under this heading,
$615,444,000 shall be available for grants for the Economic Development
Initiative (EDI) for the purposes, and in amounts, specified for
Congressionally directed spending in the table entitled ``Incorporation
of Congressionally Directed Spending for Economic Development
Initiatives'' included in the explanatory statement accompanying this
Act: Provided further, That none of the amounts made available in the
preceding proviso shall be used for reimbursement of expenses incurred
prior to the obligation of funds: 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.
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 2022, commitments to guarantee loans
under section 108 of the Housing and Community Development Act of 1974
(42 U.S.C. 5308), any part of which is guaranteed, shall not exceed a
total principal amount of $300,000,000, notwithstanding any aggregate
limitation on outstanding obligations guaranteed in subsection (k) of
such section 108: Provided, That the Secretary shall collect fees from
borrowers, notwithstanding subsection (m) of such section 108, to
result in a credit subsidy cost of zero for guaranteeing such loans,
and any such fees shall be collected in accordance with section 502(7)
of the Congressional Budget Act of 1974: Provided further, That such
commitment authority funded by fees may be used to guarantee, or make
commitments to guarantee, notes or other obligations issued by any
State on behalf of non-entitlement communities in the State in
accordance with the requirements of such section 108: Provided
further, That any State receiving such a guarantee or commitment under
the preceding proviso shall distribute all funds subject to such
guarantee to the units of general local government in non-entitlement
areas that received the commitment.
home investment partnerships program
For the HOME Investment Partnerships program, as authorized under
title II of the Cranston-Gonzalez National Affordable Housing Act, as
amended (42 U.S.C. 12721 et seq.), $1,450,000,000, to remain available
until September 30, 2025: Provided, That notwithstanding section
231(b) of such Act (42 U.S.C. 12771(b)), all unobligated balances
remaining from amounts recaptured pursuant to such section that remain
available until expended shall be combined with amounts made available
under this heading and allocated in accordance with the formula under
section 217(b)(1)(A) of such Act (42 U.S.C. 12747(b)(1)(A)): Provided
further, That the Department shall notify grantees of their formula
allocations within 60 days after enactment of this Act: Provided
further, That section 218(g) of such Act (42 U.S.C. 12748(g)) shall not
apply with respect to the right of a jurisdiction to draw funds from
its HOME Investment Trust Fund that otherwise expired or would expire
in any calendar year from 2016 through 2024 under that section:
Provided further, That section 231(b) of such Act (42 U.S.C. 12771(b))
shall not apply to any uninvested funds that otherwise were deducted or
would be deducted from the line of credit in the participating
jurisdiction's HOME Investment Trust Fund in any calendar year from
2018 through 2024 under that section.
self-help and assisted homeownership opportunity program
For the Self-Help and Assisted Homeownership Opportunity Program,
as authorized under section 11 of the Housing Opportunity Program
Extension Act of 1996 (42 U.S.C. 12805 note), and for related
activities and assistance, $65,000,000, to remain available until
September 30, 2024: Provided, That the amounts made available under
this heading--
(1) $15,000,000 shall be for the Self-Help Homeownership
Opportunity Program as authorized under such section 11;
(2) $41,000,000 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, That for purposes of awarding grants
from amounts made available in this paragraph, the Secretary
may enter into multiyear agreements, as appropriate, subject to
the availability of annual appropriations;
(3) $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;
(4) $4,000,000, shall be for a program to rehabilitate and
modify the homes of disabled or low-income veterans, as
authorized under section 1079 of the Carl Levin and Howard P.
``Buck'' McKeon National Defense Authorization Act for Fiscal
Year 2015 (38 U.S.C. 2101 note): Provided, That the issuance
of a Notice of Funding Opportunity for the amounts made
available in this paragraph shall be completed not later than
120 days after enactment of this Act and such amounts shall be
awarded not later than 180 days after such issuance.
homeless assistance grants
For assistance under title IV of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11360 et seq.), $3,260,000,000, to remain
available until September 30, 2024: Provided, That of the amounts made
available under this heading--
(1) $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, That the Department shall
notify grantees of their formula allocation from amounts
allocated (which may represent initial or final amounts
allocated) for the Emergency Solutions Grant program not later
than 60 days after enactment of this Act;
(2) $2,856,000,000 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, 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
of the amounts made available for the Continuum of Care program
under this paragraph, not less than $52,000,000 shall be for
grants for new rapid re-housing projects and supportive service
projects providing coordinated entry, and for eligible
activities that the Secretary determines to be critical in
order to assist survivors of domestic violence, dating
violence, sexual assault, or stalking: Provided further, That
amounts made available for the Continuum of Care program under
this heading in this Act and any remaining unobligated balances
from prior Acts may be used to competitively or non-
competitively renew or replace grants for youth homeless
demonstration projects under the Continuum of Care program,
notwithstanding any conflict with the requirements of the
Continuum of Care program;
(3) $7,000,000 shall be for the national homeless data
analysis project: Provided, That notwithstanding the
provisions of the Federal Grant and Cooperative Agreements Act
of 1977 (31 U.S.C. 6301-6308), the amounts made available under
this paragraph and any remaining unobligated balances under
this heading for such purposes in prior Acts may be used by the
Secretary to enter into cooperative agreements with such
entities as may be determined by the Secretary, including
public and private organizations, agencies, and institutions;
and
(4) $107,000,000 shall be to implement projects to
demonstrate how a comprehensive approach to serving homeless
youth, age 24 and under, in up to 25 communities with a
priority for communities with substantial rural populations in
up to eight locations, can dramatically reduce youth
homelessness: Provided, That of the amount made available
under this paragraph, not less than $25,000,000 shall be for
youth homelessness system improvement grants to support
communities, including but not limited to the communities
assisted under the matter preceding this proviso, in
establishing and implementing a response system for youth
homelessness, or for improving their existing system: Provided
further, That of the amount made available under this
paragraph, up to $10,000,000 shall be to provide technical
assistance to communities, including but not limited to the
communities assisted in the preceding proviso and the matter
preceding such proviso, on improving system responses to youth
homelessness, and collection, analysis, use, and reporting of
data and performance measures under the comprehensive
approaches to serve homeless youth, in addition to and in
coordination with other technical assistance funds provided
under this title: Provided further, That the Secretary may use
up to 10 percent of the amount made available under the
preceding proviso to build the capacity of current technical
assistance providers or to train new technical assistance
providers with verifiable prior experience with systems and
programs for youth experiencing homelessness:
Provided further, That youth aged 24 and under seeking assistance
under this heading shall not be required to provide third party
documentation to establish their eligibility under subsection (a) or
(b) of section 103 of the McKinney-Vento Homeless Assistance Act (42
U.S.C. 11302) to receive services: Provided further, That
unaccompanied youth aged 24 and under or families headed by youth aged
24 and under who are living in unsafe situations may be served by
youth-serving providers funded under this heading: Provided further,
That persons eligible under section 103(a)(5) of the McKinney-Vento
Homeless Assistance Act may be served by any project funded under this
heading to provide both transitional housing and rapid re-housing:
Provided further, That for all matching funds requirements applicable
to funds made available under this heading for this fiscal year and
prior fiscal years, a grantee may use (or could have used) as a source
of match funds other funds administered by the Secretary and other
Federal agencies unless there is (or was) a specific statutory
prohibition on any such use of any such funds: Provided further, That
none of the funds made available under this heading shall be available
to provide funding for new projects, except for projects created
through reallocation, unless the Secretary determines that the
continuum of care has demonstrated that projects are evaluated and
ranked based on the degree to which they improve the continuum of
care's system performance: Provided further, That any unobligated
amounts remaining from funds made available under this heading in
fiscal year 2012 and prior years for project-based rental assistance
for rehabilitation projects with 10-year grant terms may be used for
purposes under this heading, notwithstanding the purposes for which
such funds were appropriated: Provided further, That unobligated
balances, including recaptures and carryover, remaining from funds
transferred to or appropriated under this heading in fiscal year 2019
or prior years, except for rental assistance amounts that were
recaptured and made available until expended, shall be available for
the current purposes authorized under this heading in addition to the
purposes for which such funds originally were appropriated.
Housing Programs
project-based rental assistance
For activities and assistance for the provision of project-based
subsidy contracts under the United States Housing Act of 1937 (42
U.S.C. 1437 et seq.) (``the Act''), not otherwise provided for,
$13,570,000,000, to remain available until expended, shall be available
on October 1, 2021 (in addition to the $400,000,000 previously
appropriated under this heading that became available October 1, 2021),
and $400,000,000, to remain available until expended, shall be
available on October 1, 2022: Provided, That the amounts made
available under this heading shall be available for expiring or
terminating section 8 project-based subsidy contracts (including
section 8 moderate rehabilitation contracts), for amendments to section
8 project-based subsidy contracts (including section 8 moderate
rehabilitation contracts), for contracts entered into pursuant to
section 441 of the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11401), for renewal of section 8 contracts for units in projects that
are subject to approved plans of action under the Emergency Low Income
Housing Preservation Act of 1987 or the Low-Income Housing Preservation
and Resident Homeownership Act of 1990, and for administrative and
other expenses associated with project-based activities and assistance
funded under this heading: Provided further, That of the total amounts
provided under this heading, not to exceed $355,000,000 shall be
available for performance-based contract administrators for section 8
project-based assistance, for carrying out 42 U.S.C. 1437(f): Provided
further, That the Secretary may also use such amounts in the preceding
proviso for performance-based contract administrators for the
administration of: interest reduction payments pursuant to section
236(a) of the National Housing Act (12 U.S.C. 1715z-1(a)); rent
supplement payments pursuant to section 101 of the Housing and Urban
Development Act of 1965 (12 U.S.C. 1701s); section 236(f)(2) rental
assistance payments (12 U.S.C. 1715z-1(f)(2)); project rental
assistance contracts for the elderly under section 202(c)(2) of the
Housing Act of 1959 (12 U.S.C. 1701q); project rental assistance
contracts for supportive housing for persons with disabilities under
section 811(d)(2) of the Cranston-Gonzalez National Affordable Housing
Act (42 U.S.C. 8013(d)(2)); project assistance contracts pursuant to
section 202(h) of the Housing Act of 1959 (Public Law 86-372; 73 Stat.
667); and loans under section 202 of the Housing Act of 1959 (Public
Law 86-372; 73 Stat. 667): Provided further, That amounts recaptured
under this heading, the heading ``Annual Contributions for Assisted
Housing'', or the heading ``Housing Certificate Fund'', may be used for
renewals of or amendments to section 8 project-based contracts or for
performance-based contract administrators, notwithstanding the purposes
for which such amounts were appropriated: Provided further, That,
notwithstanding any other provision of law, upon the request of the
Secretary, project funds that are held in residual receipts accounts
for any project subject to a section 8 project-based Housing Assistance
Payments contract that authorizes the Department or a housing finance
agency to require that surplus project funds be deposited in an
interest-bearing residual receipts account and that are in excess of an
amount to be determined by the Secretary, shall be remitted to the
Department and deposited in this account, to be available until
expended: Provided further, That amounts deposited pursuant to the
preceding proviso shall be available in addition to the amount
otherwise provided by this heading for uses authorized under this
heading.
housing for the elderly
For capital advances, including amendments to capital advance
contracts, for housing for the elderly, as authorized by section 202 of
the Housing Act of 1959 (12 U.S.C. 1701q), for project rental
assistance for the elderly under section 202(c)(2) of such Act,
including amendments to contracts for such assistance and renewal of
expiring contracts for such assistance for up to a 5-year term, for
senior preservation rental assistance contracts, including renewals, as
authorized by section 811(e) of the American Homeownership and Economic
Opportunity Act of 2000 (12 U.S.C. 1701q note), and for supportive
services associated with the housing, $956,000,000 to remain available
until September 30, 2025: Provided, That of the amount made available
under this heading, up to $125,000,000 shall be for service
coordinators and the continuation of existing congregate service grants
for residents of assisted housing projects: Provided further, That any
funding for existing service coordinators under the preceding proviso
shall be provided within 120 days of enactment of this Act: Provided
further, That 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 remitted to the
Department and deposited in this account, to remain available until
September 30, 2025: Provided further, That amounts deposited in this
account pursuant to the preceding proviso shall be available, in
addition to the amounts otherwise provided by this heading, for the
purposes authorized under this heading: Provided further, That
unobligated balances, including recaptures and carryover, remaining
from funds transferred to or appropriated under this heading shall be
available for the current purposes authorized under this heading in
addition to the purposes for which such funds originally were
appropriated: Provided further, That of the total amount made
available under this heading, up to $6,000,000 shall be used by the
Secretary to support preservation transactions of housing for the
elderly originally developed with a capital advance and assisted by a
project rental assistance contract under the provisions of section
202(c) of the Housing Act of 1959.
housing for persons with disabilities
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, 2025: 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 remitted to the
Department and deposited in this account, to remain available until
September 30, 2025: Provided further, That amounts deposited in this
account pursuant to the preceding proviso shall be available in
addition to the amounts otherwise provided by this heading for the
purposes authorized under this heading: Provided further, That
unobligated balances, including recaptures and carryover, remaining
from funds transferred to or appropriated under this heading shall be
used for the current purposes authorized under this heading in addition
to the purposes for which such funds originally were appropriated.
housing counseling assistance
For contracts, grants, and other assistance excluding loans, as
authorized under section 106 of the Housing and Urban Development Act
of 1968, as amended, $57,500,000, to remain available until September
30, 2023, including up to $4,500,000 for administrative contract
services: Provided, That funds shall be used for providing counseling
and advice to tenants and homeowners, both current and prospective,
with respect to property maintenance, financial management or literacy,
and such other matters as may be appropriate to assist them in
improving their housing conditions, meeting their financial needs, and
fulfilling the responsibilities of tenancy or homeownership; for
program administration; and for housing counselor training: Provided
further, That for purposes of awarding grants from amounts provided
under this heading, the Secretary may enter into multiyear agreements,
as appropriate, subject to the availability of annual appropriations.
payment to manufactured housing fees trust fund
For necessary expenses as authorized by the National Manufactured
Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 5401
et seq.), up to $14,000,000, to remain available until expended, of
which $14,000,000 shall be derived from the Manufactured Housing Fees
Trust Fund (established under section 620(e) of such Act (42 U.S.C.
5419(e)): Provided, That not to exceed the total amount appropriated
under this heading shall be available from the general fund of the
Treasury to the extent necessary to incur obligations and make
expenditures pending the receipt of collections to the Fund pursuant to
section 620 of such Act: Provided further, That the amount made
available under this heading from the general fund shall be reduced as
such collections are received during fiscal year 2022 so as to result
in a final fiscal year 2022 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 2022
appropriation: Provided further, That for the dispute resolution and
installation programs, the Secretary may assess and collect fees from
any program participant: Provided further, That such collections shall
be deposited into the Trust Fund, and the Secretary, as provided
herein, may use such collections, as well as fees collected under
section 620 of such Act, for necessary expenses of such Act: Provided
further, That, notwithstanding the requirements of section 620 of such
Act, the Secretary may carry out responsibilities of the Secretary
under such Act through the use of approved service providers that are
paid directly by the recipients of their services.
Federal Housing Administration
mutual mortgage insurance program account
New commitments to guarantee single family loans insured under the
Mutual Mortgage Insurance Fund shall not exceed $400,000,000,000, to
remain available until September 30, 2023: Provided, That during
fiscal year 2022, obligations to make direct loans to carry out the
purposes of section 204(g) of the National Housing Act, as amended,
shall not exceed $1,000,000: Provided further, That the foregoing
amount in the preceding proviso shall be for loans to nonprofit and
governmental entities in connection with sales of single family real
properties owned by the Secretary and formerly insured under the Mutual
Mortgage Insurance Fund: Provided further, That for administrative
contract expenses of the Federal Housing Administration, $150,000,000,
to remain available until September 30, 2023: Provided further, That
to the extent guaranteed loan commitments exceed $200,000,000,000 on or
before April 1, 2022, 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 2022 the
Secretary may insure and enter into new commitments to insure mortgages
under section 255 of the National Housing Act only to the extent that
the net credit subsidy cost for such insurance does not exceed zero.
general and special risk program account
New commitments to guarantee loans insured under the General and
Special Risk Insurance Funds, as authorized by sections 238 and 519 of
the National Housing Act (12 U.S.C. 1715z-3 and 1735c), shall not
exceed $30,000,000,000 in total loan principal, any part of which is to
be guaranteed, to remain available until September 30, 2023: Provided,
That during fiscal year 2022, gross obligations for the principal
amount of direct loans, as authorized by sections 204(g), 207(l), 238,
and 519(a) of the National Housing Act, shall not exceed $1,000,000,
which shall be for loans to nonprofit and governmental entities in
connection with the sale of single family real properties owned by the
Secretary and formerly insured under such Act.
Government National Mortgage Association
guarantees of mortgage-backed securities loan guarantee program account
New commitments to issue guarantees to carry out the purposes of
section 306 of the National Housing Act, as amended (12 U.S.C.
1721(g)), shall not exceed $900,000,000,000, to remain available until
September 30, 2023: Provided, That $36,000,000, to remain available
until September 30, 2023, 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, 2022, 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, $105,000,000, to remain available
until September 30, 2023: Provided, That with respect to amounts made
available under this heading, notwithstanding section 203 of this
title, the Secretary may enter into cooperative agreements with
philanthropic entities, other Federal agencies, State or local
governments and their agencies, Indian Tribes, tribally designated
housing entities, or colleges or universities for research projects:
Provided further, That with respect to the preceding proviso, such
partners to the cooperative agreements shall contribute at least a 50
percent match toward the cost of the project: Provided further, That
for non-competitive agreements entered into in accordance with the
preceding two provisos, the Secretary shall comply with section 2(b) of
the Federal Funding Accountability and Transparency Act of 2006 (Public
Law 109-282, 31 U.S.C. note) in lieu of compliance with section
102(a)(4)(C) of the Department of Housing and Urban Development Reform
Act of 1989 (42 U.S.C. 3545(a)(4)(C)) with respect to documentation of
award decisions: Provided further, That prior to obligation of
technical assistance funding, the Secretary shall submit a plan to the
House and Senate Committees on Appropriations on how the Secretary will
allocate funding for this activity at least 30 days prior to
obligation: Provided further, That none of the funds provided under
this heading may be available for the doctoral dissertation research
grant program.
Fair Housing and Equal Opportunity
fair housing activities
For contracts, grants, and other assistance, not otherwise provided
for, as authorized by title VIII of the Civil Rights Act of 1968 (42
U.S.C. 3601 et seq.), and section 561 of the Housing and Community
Development Act of 1987 (42 U.S.C. 3616a), $85,000,000, to remain
available until September 30, 2023: Provided, That notwithstanding
section 3302 of title 31, United States Code, the Secretary may assess
and collect fees to cover the costs of the Fair Housing Training
Academy, and may use such funds to develop on-line courses and provide
such training: Provided further, That none of the funds made available
under this heading may be used to lobby the executive or legislative
branches of the Federal Government in connection with a specific
contract, grant, or loan: Provided further, That of the funds made
available under this heading, $1,000,000 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
For the Lead Hazard Reduction Program, as authorized by section
1011 of the Residential Lead-Based Paint Hazard Reduction Act of 1992,
and for related activities and assistance, $400,000,000, to remain
available until September 30, 2024: Provided, That the amounts made
available under this heading are provided as follows:
(1) $300,000,000 shall be for the award of grants pursuant
to such section 1011, of which not less than $95,000,000 shall
be provided to areas with the highest lead-based paint
abatement needs;
(2) $90,000,000 shall be for the Healthy Homes Initiative,
pursuant to sections 501 and 502 of the Housing and Urban
Development Act of 1970, which shall include research, studies,
testing, and demonstration efforts, including education and
outreach concerning lead-based paint poisoning and other
housing-related diseases and hazards, and mitigating housing-
related health and safety hazards in housing of low-income
families, of which--
(A) $5,000,000 of such amounts shall be for the
implementation of projects in up to five communities
that are served by both the Healthy Homes Initiative
and the Department of Energy weatherization programs to
demonstrate whether the coordination of Healthy Homes
remediation activities with weatherization activities
achieves cost savings and better outcomes in improving
the safety and quality of homes; and
(B) $15,000,000 of such amounts shall be for grants
to experienced non-profit organizations, States, local
governments, or public housing agencies for safety and
functional home modification repairs and renovations to
meet the needs of low-income elderly homeowners to
enable them to remain in their primary residence:
Provided, That of the total amount made available under
this subparagraph no less than $5,000,000 shall be
available to meet such needs in communities with
substantial rural populations;
(3) $5,000,000 shall be for the award of grants and
contracts for research pursuant to sections 1051 and 1052 of
the Residential Lead-Based Paint Hazard Reduction Act of 1992;
and
(4) $5,000,000 shall be for grants for a radon testing and
mitigation safety demonstration program (the radon
demonstration) in public housing: Provided, That the testing
method, mitigation method, or action level used under the radon
demonstration shall be as specified by applicable state or
local law, if such law is more protective of human health or
the environment than the method or level specified by the
Secretary:
Provided further, That for purposes of environmental review, pursuant
to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) and other provisions of law that further the purposes of such
Act, a grant under the Healthy Homes Initiative, or the Lead Technical
Studies program, or other demonstrations or programs under this heading
or under prior appropriations Acts for such purposes under this
heading, or under the heading ``Housing for the Elderly'' under prior
Appropriations Acts, shall be considered to be funds for a special
project for purposes of section 305(c) of the Multifamily Housing
Property Disposition Reform Act of 1994: Provided further, That each
applicant for a grant or cooperative agreement under this heading shall
certify adequate capacity that is acceptable to the Secretary to carry
out the proposed use of funds pursuant to a notice of funding
availability: Provided further, That amounts made available under this
heading, except for amounts in paragraphs (2)(B) for home modification
repairs and renovations, in this or prior appropriations Acts, still
remaining available, may be used for any purpose under this heading
notwithstanding the purpose for which such amounts were appropriated if
a program competition is undersubscribed and there are other program
competitions under this heading that are oversubscribed.
Information Technology Fund
For Department-wide and program-specific information technology
systems and infrastructure, $300,000,000, to remain available until
September 30, 2024, of which up to $40,000,000 shall be for
development, modernization, and enhancement activities, including
planning for such activities: Provided, 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 plan to the House and Senate Committees on Appropriations for
approval that-- (A) identifies for each development, modernization, and
enhancement project to be funded from available balances, including
carryover: (i) plain language summaries of the project scope; (ii) the
estimated total project cost; and (iii) key milestones to be met; and
(B) identifies for each major modernization project: (i) the functional
and performance capabilities to be delivered and the mission benefits
to be realized; (ii) the estimated life-cycle cost; (iii) key
milestones to be met through the project end date, including any
identified system decommissioning; (iv) a description of the governance
structure for the project and the number of HUD staff and contractors
supporting the project; and (v) certification from the Chief
Information Officer that each project is compliant with the
Department's enterprise architecture, life-cycle management and capital
planning and investment control requirements: Provided further, That
not later than 30 days after the end of each quarter, the Secretary
shall submit an updated report to the Committees on Appropriations of
the House of Representatives and the Senate summarizing the status,
cost and plan for all modernization projects; and for each major
modernization project with an approved project plan, identifying: (A)
results and actual expenditures of the prior quarter; (B) any variances
in cost, schedule, or functionality from the previously approved
project plan, reasons for such variances and estimated impact on total
life-cycle costs; and (C) risks and mitigation strategies associated
with ongoing work.
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,
$140,000,000: Provided, That the Inspector General shall have
independent authority over all personnel issues within this office.
General Provisions--Department of Housing and Urban Development
(including transfer of funds)
(including rescission)
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 2022 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. Section 7 of the Department of Housing and Urban
Development Act (42 U.S.C. 3535) is amended by adding at the end the
following new subsection:
``(u)(1) Funds of the Department of Housing and Urban Development
subject to the Government Corporation Control Act or section 402 of the
Housing Act of 1950 shall be available, without regard to the
limitations on administrative expenses, for legal services on a
contract or fee basis, and for utilizing and making payment for
services and facilities of the Federal National Mortgage Association,
Government National Mortgage Association, Federal Home Loan Mortgage
Corporation, Federal Financing Bank, Federal Reserve banks or any
member thereof, Federal Home Loan banks, and any insured bank within
the meaning of the Federal Deposit Insurance Corporation Act, as
amended (12 U.S.C. 1811-1).
``(2) Corporations and agencies of the Department of
Housing and Urban Development which are subject to the
Government Corporation Control Act are hereby authorized to
make such expenditures, within the limits of funds and
borrowing authority available to each such corporation or
agency and in accordance with law, and to make such contracts
and commitments without regard to fiscal year limitations as
provided by section 104 of such Act as may be necessary in
carrying out the programs set forth in the budget for 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 an appropriations Act
(unless such loans are in support of other forms of assistance
provided for in appropriations Acts), except that this proviso
shall not apply to the mortgage insurance or guaranty
operations of these corporations, or where loans or mortgage
purchases are necessary to protect the financial interest of
the United States Government.''.
Sec. 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. 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. 207. 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. 208. Section 8 of the United States Housing Act of 1937 (42
U.S.C. 1437f) is amended by adding the following new subsection:
``(l) Authority to Transfer Project-Based Assistance and Debt.--
``(1) In general.--Notwithstanding any other provision of
law, subject to the conditions listed under this section, 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.
``(2) 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 paragraph (3).
``(3) Conditions.--The transfer authorized in paragraph (1)
is subject to the following conditions:
``(A) Number and bedroom size of units.--
``(i) 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.
``(ii) 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.
``(B) The transferring project shall, as determined
by the Secretary, be either physically obsolete or
economically nonviable, or be reasonably expected to
become economically nonviable when complying with state
or Federal requirements for community integration and
reduced concentration of individuals with disabilities.
``(C) The receiving project or projects shall meet
or exceed applicable physical standards established by
the Secretary.
``(D) 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.
``(E) 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.
``(F) The Secretary determines that this transfer
is in the best interest of the tenants.
``(G) If either the transferring project or the
receiving project or projects meets the condition
specified in paragraph (4)(B)(i), any lien on the
receiving project resulting from additional financing
obtained by the owner shall be subordinate to any lien
insured by the Federal Housing Administration
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.
``(H) If the transferring project meets the
requirements of paragraph (4)(A), the owner or
mortgagor of the receiving project or projects shall
execute and record either a continuation of the
existing use agreement or a new use agreement for the
project where, in either case, any use restrictions in
such agreement are of no lesser duration than the
existing use restrictions; and
``(I) 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.
``(4) For purposes of this section--
``(A) the terms `low-income' and `very low-income'
shall have the meanings provided in section 3 of this
Act;
``(B) the term `multifamily housing project' means
housing that meets one of the following conditions--
``(i) housing that is subject to a mortgage
insured under the National Housing Act;
``(ii) 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;
``(iii) housing that is assisted under
section 202 of the Housing Act of 1959 (12
U.S.C. 1701q);
``(iv) 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;
``(v) housing that is assisted under
section 811 of the Cranston-Gonzales National
Affordable Housing Act (42 U.S.C. 8013); or
``(vi) housing or vacant land that is
subject to a use agreement;
``(C) the term `project-based assistance' means--
``(i) assistance provided under subsection
(b) of this section;
``(ii) assistance for housing constructed
or substantially rehabilitated pursuant to
assistance provided under subsection (b)(2) of
this section (as such section existed
immediately before October 1, 1983);
``(iii) rent supplement payments under
section 101 of the Housing and Urban
Development Act of 1965 (12 U.S.C. 1701s);
``(iv) interest reduction payments under
section 236 and/or additional assistance
payments under section 236(f)(2) of the
National Housing Act (12 U.S.C. 1715z-1);
``(v) assistance payments made under
section 202(c)(2) of the Housing Act of 1959
(12 U.S.C. 1701q(c)(2)); and
``(vi) assistance payments made under
section 811(d)(2) of the Cranston-Gonzalez
National Affordable Housing Act (42 U.S.C.
8013(d)(2));
``(D) 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; and
``(E) 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.
``(5) Implementation.--The Secretary shall implement this
subsection by publishing notice in the Federal Register.''.
Sec. 209. Section 3 of the United States Housing Act of 1937 (42
U.S.C. 1437a) is amended by adding the following new subsection:
``(g) Restrictions on Assistance and Eligibility.--
``(1) No assistance shall be provided under section 8 of
this Act to any individual who--
``(A) 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));
``(B) is under 24 years of age;
``(C) is not a veteran;
``(D) is unmarried;
``(E) does not have a dependent child;
``(F) is not a person with disabilities, as such
term is defined in subsection (b)(3)(E) of this section
and was not receiving assistance under such section 8
as of November 30, 2005;
``(G) is not a youth who left foster care at age 14
or older and is at risk of becoming homeless; and
``(H) is not otherwise individually eligible, or
has parents who, individually or jointly, are not
eligible, to receive assistance under section 8 of this
Act.
``(2) For purposes of determining the income of a person
under section 8 of this Act, 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. 210. The funds made available for Native Alaskans under
paragraph (1) under the heading ``Native American Programs'' in title
II of this Act shall be allocated to the same Native Alaskan housing
block grant recipients that received funds in fiscal year 2005, and
only such recipients shall be eligible to apply for funds made
available under paragraph (2) of such heading.
Sec. 211. Section 8 of the United States Housing Act of 1937 (42
U.S.C. 1437f) is amended by adding the following subsection:
``(m) Maintaining Rental Assistance Programs During the Disposition
of Multifamily Property.--
``(1) Authority.--Notwithstanding any other provision of
law, in managing and disposing of any multifamily property that
is owned or has a mortgage held by the Secretary, and during
the process of foreclosure on any property with a contract for
rental assistance payments under this section or other programs
administered by the Secretary, the Secretary shall maintain any
rental assistance payments under this section and other
programs that are attached to any dwelling units in the
property.
``(2) Cost considerations.--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--
``(A) the costs of rehabilitating and operating the
property and all available Federal, State, and local
resources, including rent adjustments, if applicable,
under section 524 of the Multifamily Assisted Housing
Reform and Affordability Act of 1997 (`MAHRAA') (42
U.S.C. 1437f note); and
``(B) 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.
``(3) Continuation of contract.--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.
``(4) Post-disposition.--After disposition of any
multifamily property described under this subsection, the
contract and allowable rent levels on such properties shall be
subject to the requirements of MAHRAA.''.
Sec. 212. 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. 213. 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. 214. 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. 215. The Secretary shall, for fiscal year 2022, notify the
public through the Federal Register and other means, as determined
appropriate, of the issuance of a notice of the availability of
assistance or notice of funding opportunity (NOFO) for any program or
discretionary fund administered by the Secretary that is to be
competitively awarded. Notwithstanding any other provision of law, for
fiscal year 2022, the Secretary may make the NOFO available only on the
Internet at the appropriate Government website or through other
electronic media, as determined by the Secretary.
Sec. 216. Payment of attorney fees in program-related litigation
shall be paid from the individual program office and Office of General
Counsel salaries and expenses appropriations.
Sec. 217. The Secretary is authorized to transfer up to 10 percent
or $5,000,000, whichever is less, of funds appropriated for any office
under the headings ``Administrative Support Offices'' or ``Program
Offices'' to any other such office under such headings: Provided, That
no appropriation for any such office under such headings shall be
increased or decreased by more than 10 percent or $5,000,000, whichever
is less, without prior written approval of the House and Senate
Committees on Appropriations: Provided further, That the Secretary
shall provide notification to such Committees 3 business days in
advance of any such transfers under this section up to 10 percent or
$5,000,000, whichever is less.
Sec. 218. (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 semi-annually 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.
The first report shall be submitted to the Senate and House Committees
on Appropriations not later than 30 days after the enactment of this
Act, and the second report shall be submitted within 180 days of the
transmittal of the first report.
Sec. 219. 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 2022.
Sec. 220. 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. 221. None of the funds made available by this Act may be used
to require or enforce the Physical Needs Assessment (PNA).
Sec. 222. None of the funds made available in this Act shall be
used by the Federal Housing Administration, the Government National
Mortgage Association, or the Department of Housing and Urban
Development to insure, securitize, or establish a Federal guarantee of
any mortgage or mortgage backed security that refinances or otherwise
replaces a mortgage that has been subject to eminent domain
condemnation or seizure, by a State, municipality, or any other
political subdivision of a State.
Sec. 223. None of the funds made available by this Act may be used
to terminate the status of a unit of general local government as a
metropolitan city (as defined in section 102 of the Housing and
Community Development Act of 1974 (42 U.S.C. 5302)) with respect to
grants under section 106 of such Act (42 U.S.C. 5306).
Sec. 224. Amounts made available by this Act that are
appropriated, allocated, advanced on a reimbursable basis, or
transferred to the Office of Policy Development and Research of the
Department of Housing and Urban Development and functions thereof, for
research, evaluation, or statistical purposes, and that are unexpended
at the time of completion of a contract, grant, or cooperative
agreement, may be deobligated and shall immediately become available
and may be reobligated in that fiscal year or the subsequent fiscal
year for the research, evaluation, or statistical purposes for which
the amounts are made available to that Office subject to reprogramming
requirements in section 234 of this Act.
Sec. 225. None of the funds provided in this Act or any other Act
may be used for awards, including performance, special act, or spot,
for any employee of the Department of Housing and Urban Development
subject to administrative discipline (including suspension from work),
in this fiscal year, but this prohibition shall not be effective prior
to the effective date of any such administrative discipline or after
any final decision over-turning such discipline.
Sec. 226. With respect to grant amounts awarded under the heading
``Homeless Assistance Grants'' for fiscal years 2015 through 2022 for
the Continuum of Care (CoC) program as authorized under subtitle C of
title IV of the McKinney-Vento Homeless Assistance Act, costs paid by
program income of grant recipients may count toward meeting the
recipient's matching requirements, provided the costs are eligible CoC
costs that supplement the recipient's CoC program.
Sec. 227. (a) From amounts made available under this title under
the heading ``Homeless Assistance Grants'', the Secretary may award 1-
year transition grants to recipients of funds for activities under
subtitle C of the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11381 et seq.) to transition from one Continuum of Care program
component to another.
(b) In order to be eligible to receive a transition grant, the
funding recipient must have the consent of the continuum of care and
meet standards determined by the Secretary.
Sec. 228. 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. 229. 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. 230. None of the amounts made available in this Act may be
used to consider Family Self-Sufficiency performance measures or
performance scores in determining funding awards for programs receiving
Family Self-Sufficiency program coordinator funding provided in this
Act.
Sec. 231. 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. 232. None of the amounts made available by this Act may be
used to prohibit any public housing agency under receivership or the
direction of a Federal monitor from applying for, receiving, or using
funds made available under the heading ``Public Housing Fund'' for
competitive grants to evaluate and reduce lead-based paint hazards in
this Act or that remain available and not awarded from prior Acts, or
be used to prohibit a public housing agency from using such funds to
carry out any required work pursuant to a settlement agreement, consent
decree, voluntary agreement, or similar document for a violation of the
Lead Safe Housing or Lead Disclosure Rules.
Sec. 233. None of the funds made available by this title may be
used to issue rules or guidance in contravention of section 1210 of
Public Law 115-254 (132 Stat. 3442) or section 312 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5155).
Sec. 234. Except as otherwise provided in this Act, none of the
funds provided in this title, provided by previous appropriations Acts
to the Department of Housing and Urban Development that remain
available for obligation or expenditure in fiscal year 2022, or
provided from any accounts in the Treasury derived by the collection of
fees and available to the Department of Housing and Urban Development,
shall be available for obligation or expenditure through a
reprogramming of funds that--
(1) For Program and Information Technology funds--
(A) initiates or creates a new program, project, or
activity;
(B) eliminates a program, project, or activity;
(C) increases funds for any program, project, or
activity for which funds have been denied or restricted
by the Congress;
(D) proposes to use funds directed for a specific
activity by either the House or Senate Committees on
Appropriations for a different purpose;
(E) augments existing programs, projects, or
activities in excess of $5,000,000 or 10 percent,
whichever is less; or
(F) reduces existing programs, projects, or
activities by $5,000,000 or 10 percent whichever is
less;
(2) For Salaries and Expenses funds--
(A) assigns personnel or hires to support the
creation of a new program, project, or activity not
previously included in the President's budget;
(B) increases the personnel or other resources for
any program, project, or activity for which funds have
been denied or restricted by the Congress;
(C) relocates or closes an office; or
(D) creates, reorganizes or restructures an office,
division, branch, board or administration, which shall
include the transfer of any function from one
organizational unit to another organizational unit;
unless prior written notification is provided to, and
approval is received from the House and Senate
Committees on Appropriations.
Sec. 235. Not later than 60 days after the date of enactment of
this Act, the Department of Housing and Urban Development 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, That the report shall include--
(1) 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;
(2) for program and information technology funds, a
delineation in the table for each appropriation and its
respective prior year enacted level by program, project, and
activity as detailed in this Act, the explanatory statement
accompanying this Act, accompanying reports of the House and
Senate Committees on Appropriations, or the budget appendix for
the respective appropriation, 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 authority is provided;
(3) for salaries and expenses funds, an organizational
chart for each office that includes detail to the branch level,
and clearly identifies those ``organizational units'' to which
paragraph (2) shall be applied; and
(4) an identification of items of special congressional
interest.
Sec. 236. The language under the heading ``Rental Assistance
Demonstration'' in the Department of Housing and Urban Development
Appropriations Act, 2012 (Public Law 112-55), as most recently amended
by Public Law 115-141, is further amended--
(1) in the initial undesignated matter, by striking ``and
`Public Housing Operating Fund''' and inserting ``, `Public
Housing Operating Fund', and `Public Housing Fund''';
(2) in the second proviso, by striking ``2024'' and
inserting ``2028'';
(3) in the fourth proviso by striking ``455,000'' and
inserting ``500,000'';
(4) after the fourth proviso, by inserting the following
new provisos: ``Provided further, That at properties with
assistance under section 9 of the Act requesting to partially
convert such assistance, and where an event under section 18 of
the Act occurs that results in the eligibility for tenant
protection vouchers under section 8(o) of the Act, the
Secretary may convert the tenant protection voucher assistance
to assistance under a project-based subsidy contract under
section 8 of the Act, which shall be eligible for renewal under
section 524 of the Multifamily Assisted Housing Reform and
Affordability Act of 1997, or assistance under section 8(o)(13)
of the Act, so long as the property meets any additional
requirements established by the Secretary to facilitate
conversion: Provided further, That to facilitate the conversion
of assistance under the preceding proviso, the Secretary may
transfer an amount equal to the total amount that would have
been allocated for tenant protection voucher assistance for
properties that have requested such conversions from amounts
made available for tenant protection voucher assistance under
the heading `Tenant-Based Rental Assistance' to the heading
`Project-Based Rental Assistance':'';
(5) in the twelfth proviso, as reordered above, by
(A) inserting ```Public Housing Fund', `Self-
Sufficiency Programs', `Family Self-Sufficiency'''
following ```Public Housing Operating Fund',''; and
(B) inserting ``or the ongoing availability of
services for residents'' after ``effective conversion
of assistance under the demonstration'';
(6) after the nineteenth proviso, as reordered above, by
inserting the following new proviso: ``Provided further, That
conversions of assistance under the following provisos herein
shall be considered as the `Second Component' and shall be
authorized for fiscal year 2012 and thereafter:'';
(7) by striking the twenty-first proviso, as reordered
above, and inserting the following four provisos: ``Provided
further, That owners of properties assisted under section 101
of the Housing and Urban Development Act of 1965, section
236(f)(2) of the National Housing Act, or section 8(e)(2) of
the United States Housing Act of 1937, for which an event after
October 1, 2006 has caused or results in the termination of
rental assistance or affordability restrictions and the
issuance of tenant protection vouchers under section 8(o) of
the Act shall be eligible, subject to requirements established
by the Secretary, for conversion of assistance available for
such vouchers or assistance contracts to assistance under a
long term project-based subsidy contract under section 8 of the
Act: Provided further, That owners of properties with a project
rental assistance contract under section 202(c)(2) of the
Housing Act of 1959 shall be eligible, subject to requirements
established by the Secretary, including but not limited to the
subordination, restructuring, or both, of any capital advance
documentation, including any note, mortgage, use agreement or
other agreements, evidencing or securing a capital advance
previously provided by the Secretary under section 202(c)(1) of
the Housing Act of 1959 as necessary to facilitate the
conversion of assistance while maintaining the affordability
period and the designation of the property as serving elderly
persons, and tenant consultation procedures, for conversion of
assistance available for such assistance contracts to
assistance under a long term project-based subsidy contract
under section 8 of the Act: Provided further, That owners of
properties with a project rental assistance contract under
section 811(d)(2) of the Cranston-Gonzalez National Affordable
Housing Act, shall be eligible, subject to requirements
established by the Secretary, including but not limited to the
subordination, restructuring, or both, of any capital advance
documentation, including any note, mortgage, use agreement or
other agreements, evidencing or securing a capital advance
previously provided by the Secretary under section 811(d)(2) of
the Cranston-Gonzalez National Affordable Housing Act as
necessary to facilitate the conversion of assistance while
maintaining the affordability period and the designation of the
property as serving persons with disabilities, and tenant
consultation procedures, for conversion of assistance contracts
to assistance under a long term project-based subsidy contract
under section 8 of the Act: Provided further, That long term
project-based subsidy contracts under section 8 of the Act
which are established under this Second Component shall have a
term of no less than 20 years, with rent adjustments only by an
operating cost factor established by the Secretary, which shall
be eligible for renewal under section 524 of the Multifamily
Assisted Housing Reform and Affordability Act of 1997 (42
U.S.C. 1437f note), or, subject to agreement of the
administering public housing agency, to assistance under
section 8(o)(13) of the Act, to which the limitation under
subsection (B) of section 8(o)(13) of the Act shall not apply
and for which the Secretary may waive or alter the provisions
of subparagraphs (C) and (D) of section 8(o)(13) of the Act:'';
(8) after the twenty-fifth proviso, as reordered above, by
inserting the following new proviso: ``Provided further, That
the Secretary may waive or alter the requirements of section
8(c)(1)(A) of the Act for contracts provided to properties
converting assistance from section 202(c)(2) of the Housing Act
of 1959 or section 811(d)(2) of the Cranston-Gonzalez National
Affordable Housing Act as necessary to ensure the ongoing
provision and coordination of services or to avoid a reduction
in project subsidy:''; and
(9) in the thirty-first proviso, as reordered above, by--
(A) striking ``heading `Housing for the Elderly'''
and inserting ``headings `Housing for the Elderly' and
`Housing for Persons with Disabilities'''; and
(B) inserting ``or section 811 project rental
assistance contract'' after ``section 202 project
rental assistance contract''.
Sec. 237. In this fiscal year, if the Secretary determines or has
determined that, in any prior formula allocation administered by the
Secretary under any account under the headings ``Public and Indian
Housing'', ``Community Planning and Development'' and ``Housing
Programs'' under this title, a recipient received an allocation larger
than the amount such recipient should have received for a formula
allocation cycle pursuant to applicable statutes and regulations, the
Secretary may adjust for any such funding error from available balances
in the next feasible formula allocation cycle by (a) offsetting each
such recipient's formula allocation (if eligible for a formula
allocation in such subsequent cycle) by the amount of any such funding
error; and (b) re-allocating the offset amount to the recipient or
recipients that would have been allocated the funds in the cycle in
which any such error occurred (if eligible for a formula allocation
under such subsequent cycle) in an amount proportionate to such
subsequent cycle's formula amount or formula component amount:
Provided, That all offsets and reallocations from such available
balances shall be recognized in the fiscal year of such adjustments
instead of the fiscal year of any error, notwithstanding any
inconsistent fiscal year accounting or other requirements: Provided
further, That if, upon request by a recipient and giving consideration
to all Federal resources available to the recipient for that purpose,
the Secretary determines that the offset in such subsequent formula
allocation would critically impair the recipient's ability to
accomplish the purpose of the grant, the Secretary may adjust for the
funding error in two or more formula cycles and reallocate such offset
amounts in accordance with (b) in the matter preceding the first
proviso.
Sec. 238. (a) Funds previously made available in chapter 9 of title
X of the Disaster Relief Appropriations Act, 2013 (Public Law 113-2,
division A; 127 Stat. 36) under the heading ``Department of Housing and
Urban Development--Community Planning and Development--Community
Development Fund'' that were available for obligation through fiscal
year 2017 are to remain available through fiscal year 2025 for the
liquidation of valid obligations incurred in fiscal years 2013 through
2017.
(b) Emergency.--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 4001(a)(1) and section 4001(b) of S. Con. Res. 14
(117th Congress), the concurrent resolution on the budget for fiscal
year 2022 and to section 251(b) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
Sec. 239. Any obligated balances from amounts made available for
project-based vouchers under the heading ``Permanent Supportive
Housing'' in chapter 6 of title III of Public Law 110-252 may be used
for tenant-based rental assistance under section 8(o) of the United
States Housing Act of 1937 (42 U.S.C. 1437f(o)).
Sec. 240. Notwithstanding any other provision of law, including
section 208 of the National Housing Act (12 U.S.C. 1714 (Taxation
Provisions)), as of the enactment of this provision, no 1 to 4 unit
property with a mortgage insured, guaranteed, made, or held by the
Secretary of Housing and Urban Development shall be subject as priming
lien securing repayment of to a new residential Property Assessed Clean
Energy (PACE or R-PACE) loan or equivalent financing without the PACE
loan or equivalent financing provider obtaining prior written consent
from the Secretary of HUD, subject to such terms and conditions as the
Secretary may prescribe: Provided, That any new residential Property
Assessed Clean Energy (PACE or R-PACE) loan or equivalent financing
that is entered into by a PACE Provider absent such consent shall be
deemed void ab initio and the PACE Provider shall bear all costs
associated with the transactions with no recourse against the homeowner
resulting from the PACE transaction, including all costs incurred by
any holder of an insured or guaranteed mortgage or the Secretary in
obtaining good and marketable title: Provided further, That any
Property Assessed Clean Energy (PACE or R-PACE) assessments will not
have a lien priority above a lien for any mortgage insured, guaranteed,
made, or held by the Secretary of Housing and Urban Development.
Sec. 241. (a) With respect to the funds made available for the
Continuum of Care program authorized under subtitle C of title IV of
the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11381 et seq.)
under the heading ``Homeless Assistance Grants'' in the Department of
Housing and Urban Development Appropriations Act, 2021 (Public Law 116-
260), under section 231 of the Department of Housing and Urban
Development Appropriations Act, 2020 (42 U.S.C. 11364a), or in this
title, Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et
seq.) and Title VIII of the Civil Rights Act of 1968 (42 U.S.C. 3601 et
seq.) shall not apply to applications by or awards for projects to be
carried out--
(1) on or off reservation or trust lands for awards made to
Indian tribes or tribally designated housing entities; or
(2) on reservation or trust lands for awards made to
eligible entities as defined in section 401 of the McKinney-
Vento Homeless-Assistance Act (42 U.S.C. 11360).
(b) With respect to funds made available for the Continuum of Care
program authorized under subtitle C of title IV of the McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11381 et seq.) under the heading
``Homeless Assistance Grants'' in this title or under section 231 of
the Department of Housing and Urban Development Appropriations Act,
2020 (42 U.S.C. 11364a)--
(1) applications for projects to be carried out on
reservations or trust land shall contain a certification of
consistency with an approved Indian housing plan developed
under section 102 of the Native American Housing Assistance and
Self-Determination Act (NAHASDA) (25 U.S.C. 4112),
notwithstanding section 106 of the Cranston-Gonzalez National
Affordable Housing Act (42 U.S.C. 12706) and section 403 of the
McKinney-Vento Homeless Assistance Act (42 U.S.C. 11361);
(2) Indian tribes and tribally designated housing entities
that are recipients of awards for projects on reservations or
trust land shall certify that they are following an approved
housing plan developed under section 102 of NAHASDA (25 U.S.C.
4112); and
(3) a collaborative applicant for a Continuum of Care whose
geographic area includes only reservation and trust land is not
required to meet the requirement in section 402(f)(2) of the
McKinney-Vento Homeless Assistance Act (42 U.S.C.
11360a(f)(2)).
This title may be cited as the ``Department of Housing and Urban
Development Appropriations Act, 2022''.
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),
$9,750,000: Provided, That, notwithstanding any other provision of
law, there may be credited to this appropriation funds received for
publications and training expenses.
Federal Maritime Commission
salaries and expenses
For necessary expenses of the Federal Maritime Commission as
authorized by section 201(d) of the Merchant Marine Act, 1936, as
amended (46 U.S.C. 46107), including services as authorized by section
3109 of title 5, United States Code; hire of passenger motor vehicles
as authorized by section 1343(b) of title 31, United States Code; and
uniforms or allowances therefore, as authorized by sections 5901 and
5902 of title 5, United States Code, $32,869,000: Provided, That not
to exceed $3,500 shall be for official reception and representation
expenses.
National Railroad Passenger Corporation
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of Inspector General for the
National Railroad Passenger Corporation to carry out the provisions of
the Inspector General Act of 1978 (5 U.S.C. App. 3), $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 2023,
the Inspector General shall submit to the House and Senate Committees
on Appropriations a budget request for fiscal year 2023 in similar
format and substance to budget requests submitted by executive agencies
of the Federal Government.
National Transportation Safety Board
salaries and expenses
For necessary expenses of the National Transportation Safety Board,
including hire of passenger motor vehicles and aircraft; services as
authorized by section 3109 of title 5, United States Code, but at rates
for individuals not to exceed the per diem rate equivalent to the rate
for a GS-15; uniforms, or allowances therefor, as authorized by
sections 5901 and 5902 of title 5, United States Code, $123,400,000, of
which not to exceed $2,000 may be used for official reception and
representation expenses: Provided, That the amounts made available to
the National Transportation Safety Board in this Act include amounts
necessary to make lease payments on an obligation incurred in fiscal
year 2001 for a capital lease.
Neighborhood Reinvestment Corporation
payment to the neighborhood reinvestment corporation
For payment to the Neighborhood Reinvestment Corporation for use in
neighborhood reinvestment activities, as authorized by the Neighborhood
Reinvestment Corporation Act (42 U.S.C. 8101-8107), $163,000,000:
Provided, That an additional $3,000,000, to remain available until
September 30, 2025, shall be for the promotion and development of
shared equity housing models.
Surface Transportation Board
salaries and expenses
For necessary expenses of the Surface Transportation Board,
including services authorized by section 3109 of title 5, United States
Code, $39,152,000: 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 2022, to result in a final appropriation from the general
fund estimated at not more than $37,902,000.
United States Interagency Council on Homelessness
operating expenses
For necessary expenses, including payment of salaries, authorized
travel, hire of passenger motor vehicles, the rental of conference
rooms, and the employment of experts and consultants under section 3109
of title 5, United States Code, of the United States Interagency
Council on Homelessness in carrying out the functions pursuant to title
II of the McKinney-Vento Homeless Assistance Act, as amended,
$3,800,000.
TITLE IV
GENERAL PROVISIONS--THIS ACT
Sec. 401. None of the funds in this Act shall be used for the
planning or execution of any program to pay the expenses of, or
otherwise compensate, non-Federal parties intervening in regulatory or
adjudicatory proceedings funded in this Act.
Sec. 402. None of the funds appropriated in this Act shall remain
available for obligation beyond the current fiscal year, nor may any be
transferred to other appropriations, unless expressly so provided
herein.
Sec. 403. The expenditure of any appropriation under this Act for
any consulting service through a procurement contract pursuant to
section 3109 of title 5, United States Code, shall be limited to those
contracts where such expenditures are a matter of public record and
available for public inspection, except where otherwise provided under
existing law, or under existing Executive order issued pursuant to
existing law.
Sec. 404. (a) None of the funds made available in this Act may be
obligated or expended for any employee training that--
(1) does not meet identified needs for knowledge, skills,
and abilities bearing directly upon the performance of official
duties;
(2) contains elements likely to induce high levels of
emotional response or psychological stress in some
participants;
(3) does not require prior employee notification of the
content and methods to be used in the training and written end
of course evaluation;
(4) contains any methods or content associated with
religious or quasi-religious belief systems or ``new age''
belief systems as defined in Equal Employment Opportunity
Commission Notice N-915.022, dated September 2, 1988; or
(5) is offensive to, or designed to change, participants'
personal values or lifestyle outside the workplace.
(b) Nothing in this section shall prohibit, restrict, or otherwise
preclude an agency from conducting training bearing directly upon the
performance of official duties.
Sec. 405. Except as otherwise provided in this Act, none of the
funds provided in titles I or III of this Act, provided by previous
appropriations Acts to the agencies or entities funded in titles I or
III of this Act that remain available for obligation or expenditure in
fiscal year 2022, or provided from any accounts in the Treasury derived
by the collection of fees and available to the agencies funded by
titles I or III of 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 explanatory statement 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 explanatory statement 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 2022 from appropriations made available for salaries
and expenses for fiscal year 2022 in this Act, shall remain available
through September 30, 2023, 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 sections 234
and 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. (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. 417. (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. 418. 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. 419. (a) Section 4117 and subsections (a) and (b) of section
4195 of title 25, United States Code are amended by striking ``2013''
and inserting ``2023''.
(b) Section 4243 of title 25, United States Code, and paragraphs
(5)(C) and (7) of subsection (j) of section 1715z-13b of title 12,
United States Code, are amended by striking ``, 2002, 2003, 2004, and
2005'' and inserting ``through 2023''.
(c) Section 1715z-13a(i)(5)(C) of title 12, United State Code, is
amended by striking ``2012'' and inserting ``2023''.
TITLE V
REFORMING DISASTER RECOVERY ACT
short title
Sec. 501. This title may be cited as the ``Reforming Disaster
Recovery Act''.
findings
Sec. 502. Congress finds that--
(1) following a major disaster declared by the President
under section 401 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5170), the subset of
communities that are most impacted and distressed as a result
of the disaster face critical social, economic, and
environmental obstacles to recovery, including insufficient
public and private resources to address disaster-related
housing and community development needs for lower income
households and distressed communities;
(2) unmet disaster recovery needs, including housing
assistance needs, can be especially widespread among persons
with extremely low, low, and moderate incomes;
(3) economic, social, and housing hardships that affect
communities before disasters are exacerbated during crises and
can delay and complicate long-term recovery, especially after
catastrophic major disasters;
(4) States, units of local government, and Indian Tribes
within the most impacted and distressed areas resulting from
major disasters benefit from flexibility to design programs
that meet local needs, but face inadequate financial,
technical, and staffing capacity to plan and carry out
sustained recovery, restoration, and mitigation activities;
(5) the speed and effectiveness considerations of long-term
recovery from catastrophic major disasters is improved by
predictable investments that support disaster relief, long-term
recovery, restoration of housing and infrastructure, and
economic revitalization, primarily for the benefit of low- and
moderate-income persons;
(6) undertaking activities that mitigate the effects of
future natural disasters and extreme weather and increase the
stock of affordable housing, including affordable rental
housing, as part of long-term recovery can significantly reduce
future fiscal and social costs, especially within high-risk
areas, and can help to address outstanding housing and
community development needs by creating jobs and providing
other economic and social benefits within communities that
further promote recovery and resilience; and
(7) the general welfare and security of the nation and the
health and living standards of its people require targeted
resources to support State and local governments in carrying
out their responsibilities in disaster recovery and mitigation
through interim and long-term housing and community development
activities that primarily benefit persons of low and moderate
income.
definitions
Sec. 503. In this Act:
(1) Department.--The term ``Department'' means the
Department of Housing and Urban Development.
(2) Fund.--The term ``Fund'' means the Long-Term Disaster
Recovery Fund established under section 505.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Housing and Urban Development.
duties of the department of housing and urban development
Sec. 504. (a) In General.--The offices and officers of the
Department shall be responsible for--
(1) leading and coordinating the disaster-related
responsibilities of the Department under the National Response
Framework, the National Disaster Recovery Framework, and the
National Mitigation Framework;
(2) coordinating and administering programs, policies, and
activities of the Department related to disaster relief, long-
term recovery, resiliency, and mitigation, including disaster
recovery assistance under title I of the Housing and Community
Development Act of 1974 (42 U.S.C. 5301 et seq.);
(3) supporting disaster-impacted communities as those
communities specifically assess, plan for, and address the
housing stock and housing needs in the transition from
emergency shelters and interim housing to permanent housing of
those displaced, especially among vulnerable populations and
extremely low-, low-, and moderate-income households;
(4) collaborating with the Federal Emergency Management
Agency, the Small Business Administration, and across the
Department to align disaster-related regulations and policies,
including incorporation of consensus-based codes and standards
and insurance purchase requirements, and ensuring coordination
and reducing duplication among other Federal disaster recovery
programs;
(5) promoting best practices in mitigation and land use
planning, including consideration of traditional, natural, and
nature-based infrastructure alternatives;
(6) coordinating technical assistance, including
mitigation, resiliency, and recovery training and information
on all relevant legal and regulatory requirements, to entities
that receive disaster recovery assistance under title I of the
Housing and Community Development Act of 1974 (42 U.S.C. 5301
et seq.) that demonstrate capacity constraints; and
(7) supporting State, Tribal, and local governments in
developing, coordinating, and maintaining their capacity for
disaster resilience and recovery, and developing pre-disaster
recovery and hazard mitigation plans, in coordination with the
Federal Emergency Management Agency and other Federal agencies.
(b) Establishment of the Office of Disaster Management and
Resiliency.--Section 4 of the Department of Housing and Urban
Development Act (42 U.S.C. 3533) is amended by adding at the end the
following:
``(i) Office of Disaster Management and Resiliency.--
``(1) Establishment.--There is established, in the Office
of the Secretary, the Office of Disaster Management and
Resiliency.
``(2) Duties.--The Office of Disaster Management and
Resiliency shall--
``(A) be responsible for oversight and coordination
of all departmental disaster preparedness and response
responsibilities; and
``(B) coordinate with the Federal Emergency
Management Agency, the Small Business Administration,
and the Office of Community Planning and Development
and other offices of the Department in supporting
recovery and resilience activities to provide a
comprehensive approach in working with communities.''.
long-term disaster recovery fund
Sec. 505. (a) Establishment.--There is established in the Treasury
of the United States an account to be known as the Long-Term Disaster
Recovery Fund.
(b) Deposits, Transfers, and Credit.--
(1) In general.--The Fund shall consist of amounts
appropriated, transferred, and credited to the Fund.
(2) Transfers.--The following may be transferred to the
Fund:
(A) Amounts made available through section
106(c)(4) of the Housing and Community Development Act
of 1974 (42 U.S.C. 5306(c)(4)) as a result of actions
taken under section 104(e), 111, or 123(j) of such Act.
(B) Any unobligated balances available until
expended remaining or subsequently recaptured from
amounts appropriated for any disaster and related
purposes under the heading ``Community Development
Fund'' in any Act prior to the establishment of the
Fund.
(3) Use of transferred amounts.--Amounts transferred to the
Fund shall be used for the eligible uses described in
subsection (c).
(c) Eligible Uses of Fund.--
(1) In general.--Amounts in the Fund shall be available--
(A) to provide assistance in the form of grants
under section 123 of the Housing and Community
Development Act of 1974, as added by section 506; and
(B) for activities of the Department that support
the provision of such assistance, including necessary
salaries and expenses, information technology, capacity
building and technical assistance (including assistance
related to pre-disaster planning), and readiness and
other pre-disaster planning activities that are not
readily attributable to a single major disaster.
(2) Set aside.--Of each amount appropriated for or
transferred to the Fund, 2 percent shall be made available for
activities described in paragraph (1)(B), which shall be in
addition to other amounts made available for those activities.
(3) Transfer of funds.--Amounts made available for use in
accordance with paragraph (2)--
(A) may be transferred to the account under the
heading for ``Program Offices--Community Planning and
Development'', or any successor account, for the
Department to carry out activities described in
paragraph (1)(B); and
(B) may be used for the activities described in
paragraph (1)(B) and for the administrative costs of
administering any funds appropriated to the Department
under the heading ``Community Planning and
Development--Community Development Fund'' for any major
disaster declared under section 401 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5170) in any Act before the establishment of
the Fund.
(d) Interchangeability of Prior Administrative Amounts.--Any
amounts appropriated in any Act prior to the establishment of the Fund
and transferred to the account under the heading ``Program Offices
Salaries and Expenses--Community Planning and Development'', or any
predecessor account, for the Department for the costs of administering
funds appropriated to the Department under the heading ``Community
Planning and Development--Community Development Fund'' for any major
disaster declared under section 401 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5170) shall be available
for the costs of administering any such funds provided by any prior or
future Act, notwithstanding the purposes for which those amounts were
appropriated and in addition to any amount provided for the same
purposes in other appropriations Acts.
(e) Availability of Amounts.--Amounts appropriated, transferred and
credited to the Fund shall remain available until expended.
(f) Formula Allocation.--Use of amounts in the Fund for grants
shall be made by formula allocation in accordance with the requirements
of section 123(a) of the Housing and Community Development Act of 1974,
as added by section 506.
(g) Authorization of Appropriations.--There are authorized to be
appropriated to the Fund such sums as may be necessary to respond to
current or future major disasters declared under section 401 of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5179) for grants under section 123 of the Housing and Community
Development Act of 1974, as added by section 506.
establishment of cdbg disaster recovery program
Sec. 506. Title I of the Housing and Community Development Act of
1974 (42 U.S.C. 5301 et seq.) is amended--
(1) in section 102(a) (42 U.S.C. 5302(a))--
(A) in paragraph (20)--
(i) by redesignating subparagraph (B) as
subparagraph (C);
(ii) in subparagraph (C), as so
redesignated, by inserting ``or (B)'' after
``subparagraph (A)''; and
(iii) by inserting after subparagraph (A)
the following:
``(B) The term `persons of extremely low income'
means families and individuals whose income levels do
not exceed household income levels determined by the
Secretary under section 3(b)(2) of the United States
Housing Act of 1937 (42 U.S.C. 1437a(b)(2)(C)), except
that the Secretary may provide alternative definitions
for the Commonwealth of Puerto Rico, Guam, the
Commonwealth of the Northern Mariana Islands, the
United States Virgin Islands, and American Samoa.'';
and
(B) by adding at the end the following:
``(25) The term `major disaster' has the meaning given the
term in section 102 of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5122).'';
(2) in section 106(c)(4) (42 U.S.C. 5306(c)(4))--
(A) in subparagraph (A)--
(i) by striking ``declared by the President
under the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5121 et
seq.)'';
(ii) inserting ``States for use in
nonentitlement areas and to'' before
``metropolitan cities''; and
(iii) inserting ``major'' after ``affected
by the'';
(B) in subparagraph (C)--
(i) by striking ``metropolitan city or''
and inserting ``State, metropolitan city, or'';
(ii) by striking ``city or county'' and
inserting ``State, city, or county''; and
(iii) by inserting ``major'' before
``disaster'';
(C) in subparagraph (D), by striking ``metropolitan
cities and'' and inserting ``States, metropolitan
cities, and'';
(D) in subparagraph (F)--
(i) by striking ``metropolitan city or''
and inserting ``State, metropolitan city, or'';
and
(ii) by inserting ``major'' before
``disaster''; and
(E) in subparagraph (G), by striking ``metropolitan
city or'' and inserting ``State, metropolitan city,
or''; and
(3) in section 122 (42 U.S.C. 5321), by striking ``disaster
under title IV of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5170 et seq.)'' and
inserting ``major disaster''; and
(4) by adding at the end the following:
``SEC. 123. COMMUNITY DEVELOPMENT BLOCK GRANT DISASTER RECOVERY
PROGRAM.
``(a) Authorization, Formula, and Allocation.--
``(1) Authorization.--The Secretary is authorized to make
community development block grant disaster recovery grants from
the Long-Term Disaster Recovery Fund established under section
505 of the Reforming Disaster Recovery Act (hereinafter
referred to as the `Fund') for necessary expenses for
activities authorized under subsection (f)(1) related to
disaster relief, long-term recovery, restoration of housing and
infrastructure, economic revitalization, and mitigation in the
most impacted and distressed areas resulting from a
catastrophic major disaster.
``(2) Grant awards.--Grants shall be awarded under this
section to States, units of general local government, and
Indian tribes based on capacity and the concentration of
damage, as determined by the Secretary, to support the
efficient and effective administration of funds.
``(3) Section 106 allocations.--Grants under this section
shall not be considered relevant to the formula allocations
made pursuant to section 106.
``(4) Federal register notice.--
``(A) In general.--Not later than 30 days after the
date of enactment of this section, the Secretary shall
issue a notice in the Federal Register containing the
latest formula allocation methodologies used to
determine the total estimate of unmet needs related to
housing, economic revitalization, and infrastructure in
the most impacted and distressed areas resulting from a
catastrophic major disaster.
``(B) Public comment.--In the notice issued under
subparagraph (A), the Secretary shall solicit public
comments on--
``(i) the methodologies described in
subparagraph (A) and seek alternative methods
for formula allocation within a similar total
amount of funding;
``(ii) the impact of formula methodologies
on rural areas and Tribal areas;
``(iii) adjustments to improve targeting to
the most serious needs;
``(iv) objective criteria for grantee
capacity and concentration of damage to inform
grantee determinations and minimum allocation
thresholds; and
``(v) research and data to inform an
additional amount to be provided for mitigation
depending on type of disaster, which shall be
no more than 30 percent of the total estimate
of unmet needs.
``(5) Regulations.--
``(A) In general.--The Secretary shall, by
regulation, establish a formula to allocate assistance
from the Fund to the most impacted and distressed areas
resulting from a catastrophic major disaster.
``(B) Formula requirements.--The formula
established under subparagraph (A) shall--
``(i) set forth criteria to determine that
a major disaster is catastrophic, which
criteria shall consider the presence of a high
concentration of damaged housing or businesses
that individual, State, Tribal, and local
resources could not reasonably be expected to
address without additional Federal assistance,
or other nationally encompassing data that the
Secretary determines are adequate to assess
relative impact and distress across geographic
areas.
``(ii) include a methodology for
identifying most impacted and distressed areas,
which shall consider unmet serious needs
related to housing, economic revitalization,
and infrastructure;
``(iii) include an allocation calculation
that considers the unmet serious needs
resulting from the catastrophic major disaster
and an additional amount up to 30 percent for
activities to reduce risks of loss resulting
from other natural disasters in the most
impacted and distressed area, primarily for the
benefit of low- and moderate-income persons,
with particular focus on activities that reduce
repetitive loss of property and critical
infrastructure; and
``(iv) establish objective criteria for
periodic review and updates to the formula to
reflect changes in available science and data.
``(C) Minimum allocation threshold.--The Secretary
shall, by regulation, establish a minimum allocation
threshold.
``(D) Interim allocation.--Until such time that the
Secretary issues final regulations under this
paragraph, the Secretary shall--
``(i) allocate assistance from the Fund
using the formula allocation methodology
published in accordance with paragraph (4); and
``(ii) include an additional amount for
mitigation equal to 15 percent of the total
estimate of unmet need.
``(6) Allocation of funds.--
``(A) In general.--The Secretary shall--
``(i) except as provided in clause (ii),
not later than 90 days after the President
declares a major disaster, use best available
data to determine whether the major disaster is
catastrophic and qualifies for assistance under
the formula in paragraph (4) or (5), unless
data is insufficient to make this
determination; and
``(ii) if the best available data is
insufficient to make the determination required
under clause (i) within the 90-day period
described in that clause, the Secretary shall
determine whether the major disaster qualifies
when sufficient data becomes available, but in
no case shall the Secretary make the
determination later than 120 days after the
declaration of the major disaster.
``(B) Announcement of allocation.--If amounts are
available in the Fund at the time the Secretary
determines that the major disaster is catastrophic and
qualifies for assistance under the formula in paragraph
(4) or (5), the Secretary shall immediately announce an
allocation for a grant under this section.
``(C) Additional amounts.--If additional amounts
are appropriated to the Fund after amounts are
allocated under subparagraph (B), the Secretary shall
announce an allocation or additional allocation (if a
prior allocation under subparagraph (B) was less than
the formula calculation) within 15 days of any such
appropriation.
``(7) Preliminary funding.--
``(A) In general.--To speed recovery, the Secretary
is authorized to allocate and award preliminary grants
from the Fund before making a determination under
paragraph (6) if the Secretary projects, based on a
preliminary assessment of impact and distress, that a
major disaster is catastrophic and would likely qualify
for funding under the formula in paragraph (4) or (5).
``(B) Amount.--
``(i) Maximum.--The Secretary may award
preliminary funding under subparagraph (A) in
an amount that is not more than $5,000,000.
``(ii) Sliding scale.--The Secretary shall,
by regulation, establish a sliding scale for
preliminary funding awarded under subparagraph
(A) based on the size of the preliminary
assessment of impact and distress.
``(C) Use of funds.--The uses of preliminary
funding awarded under subparagraph (A) shall be limited
to eligible activities that--
``(i) in the determination of the
Secretary, will support faster recovery,
improve the ability of the grantee to assess
unmet recovery needs, plan for the prevention
of improper payments, and reduce fraud, waste,
and abuse; and
``(ii) may include evaluating the interim
housing, permanent housing, and supportive
service needs of the disaster impacted
community, with special attention to vulnerable
populations, such as homeless and low- to
moderate-income households, to inform the
grantee action plan required under subsection
(c).
``(D) Consideration of funding.--Preliminary
funding awarded under subparagraph (A)--
``(i) is not subject to the certification
requirements of paragraph (h)(1); and
``(ii) shall not be considered when
calculating the amount of the grant used for
administrative costs, technical assistance, and
planning activities that are subject to the
requirements under subsection (f)(2).
``(E) Waiver.--To expedite the use of preliminary
funding for activities described in this paragraph, the
Secretary may waive requirements of this section in
accordance with subsection (i).
``(F) Amended award.--
``(i) In general.--An award for preliminary
funding under subparagraph (A) may be amended
to add any subsequent amount awarded because of
a determination by the Secretary that a major
disaster is catastrophic and qualifies for
assistance under the formula.
``(ii) Applicability.--Notwithstanding
subparagraph (D), amounts provided by an
amendment under clause (i) are subject to the
requirements under subsections (h)(1) and
(f)(1) and other requirements on grant funds
under this section.
``(G) Technical assistance.--Concurrent with the
allocation of any preliminary funding awarded under
this paragraph, the Secretary shall assign or provide
technical assistance to the recipient of the grant.
``(b) Interchangeability.--The Secretary--
``(1) is authorized to approve the use of grants under this
section to be used interchangeably and without limitation for
the same activities in the most impacted and distressed areas
resulting from a declaration of another catastrophic major
disaster that qualifies for assistance under the formula
established under paragraph (4) or (5) of subsection (a); and
``(2) shall establish requirements to expedite the use of
grants under this section for the purpose described in
paragraph (1).
``(c) Grantee Plans.--
``(1) Requirement.--Not later than 90 days after the date
on which the Secretary announces a grant allocation under this
section, unless an extension is granted by the Secretary, the
grantee shall submit to the Secretary a plan for approval
describing--
``(A) the activities the grantee will carry out
with the grant under this section;
``(B) the criteria of the grantee for awarding
assistance and selecting activities;
``(C) how the use of the grant under this section
will address disaster relief, long-term recovery,
restoration of housing and infrastructure, economic
revitalization, and mitigation in the most impacted and
distressed areas
``(D) how the use of the grant funds for mitigation
is consistent with hazard mitigation plans submitted to
the Federal Emergency Management Agency under section
322 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5165);
``(E) the estimated amount proposed to be used for
activities that will benefit persons of low- and
moderate-income;
``(F) how the use of grant funds will repair and
replace existing housing stock for vulnerable
populations, including low- to moderate-income
households;
``(G) how the grantee will address the priorities
described in paragraph (5);
``(H) how uses of funds are proportional to unmet
needs, as required under paragraph (5);
``(I) for State grantees that plan to distribute
grant amounts to units of general local government, a
description of the method of distribution; and
``(J) such other information as may be determined
by the Secretary in regulation.
``(2) Public consultation.--To permit public examination
and appraisal of the plan described in paragraph (1), to
enhance the public accountability of grantees, and to
facilitate coordination of activities with different levels of
government, when developing the plan or substantial amendments
proposed to the plan required under paragraph (1), a grantee
shall--
``(A) publish the plan before adoption;
``(B) provide citizens, affected units of general
local government, and other interested parties with
reasonable notice of, and opportunity to comment on,
the plan, with a public comment period of not less than
14 days;
``(C) consider comments received before submission
to the Secretary;
``(D) follow a citizen participation plan for
disaster assistance adopted by the grantee that, at a
minimum, provides for participation of residents of the
most impacted and distressed area affected by the major
disaster that resulted in the grant under this section
and other considerations established by the Secretary;
and
``(E) undertake any consultation with interested
parties as may be determined by the Secretary in
regulation.
``(3) Approval.--The Secretary shall--
``(A) by regulation, specify criteria for the
approval, partial approval, or disapproval of a plan
submitted under paragraph (1), including approval of
substantial amendments to the plan;
``(B) review a plan submitted under paragraph (1)
upon receipt of the plan;
``(C) allow a grantee to revise and resubmit a plan
or substantial amendment to a plan under paragraph (1)
that the Secretary disapproves;
``(D) by regulation, specify criteria for when the
grantee shall be required to provide the required
revisions to a disapproved plan or substantial
amendment under paragraph (1) for public comment prior
to resubmission of the plan or substantial amendment to
the Secretary; and
``(E) approve, partially approve, or disapprove a
plan or substantial amendment under paragraph (1) not
later than 60 days after the date on which the plan or
substantial amendment is received by the Secretary.
``(4) Low- and moderate-income overall benefit.--
``(A) Use of funds.--Not less than 70 percent of a
grant made under this section shall be used for
activities that benefit persons of low and moderate
income unless the Secretary--
``(i) specifically finds that--
``(I) there is compelling need to
reduce the percentage for the grant;
and
``(II) the housing needs of low-
and moderate-income residents have been
addressed; and
``(ii) issues a waiver and alternative
requirements pursuant to subsection (i) to
lower the percentage.
``(B) Regulations.--The Secretary shall, by
regulation, establish protocols consistent with the
findings of section 502 of the Reforming Disaster
Recovery Act to prioritize the use of funds by a
grantee under this section to meet the needs of low-
and moderate-income persons and businesses serving
primarily persons of low and moderate income.
``(5) Prioritization.--The grantee shall prioritize
activities that--
``(A) assist persons with extremely low, low, and
moderate incomes and other vulnerable populations to
better recover from and withstand future disasters,
emphasizing those with the most severe needs;
``(B) address affordable housing, including
affordable rental housing, needs arising from a
disaster or those needs present prior to a disaster;
``(C) prolong the life of housing and
infrastructure;
``(D) use cost-effective means of preventing harm
to people and property and incorporate protective
features, redundancies, energy savings; and
``(E) other measures that will assure the
continuation of critical services during future
disasters.
``(6) Proportional allocation.--
``(A) In general.--A grantee under this section
shall allocate grant funds proportional to unmet needs
between housing activities, economic revitalization,
and infrastructure, unless the Secretary--
``(i) specifically finds that--
``(I) there is a compelling need
for a disproportional allocation among
those unmet needs; and
``(II) the disproportional
allocation described in subclause (I)
is not inconsistent with the
requirements under paragraph (4); and
``(ii) issues a waiver and alternative
requirement pursuant to subsection (i) to allow
for the disproportional allocation described in
clause (i)(I).
``(B) Housing activities.--With respect to housing
activities described in subparagraph (A)(i), grantees
should address proportional needs between homeowners
and renters, including low-income households in public
housing and federally subsidized housing.
``(7) Disaster risk mitigation.--
``(A) Definition.--In this paragraph, the term
`hazard-prone areas'--
``(i) means areas identified by the
Secretary, in consultation with the
Administrator of the Federal Emergency
Management Agency, at risk from natural hazards
that threaten property damage or health,
safety, and welfare, such as floods, wildfires
(including Wildland-Urban Interface areas),
earthquakes, lava inundation, tornados, and
high winds; and
``(ii) includes areas having special flood
hazards as identified under the Flood Disaster
Protection Act of 1973 (42 U.S.C. 4002 et seq.)
or the National Flood Insurance Act of 1968 (42
U.S.C. 4001 et seq.).
``(B) Hazard-prone areas.--The Secretary, in
consultation with the Administrator of the Federal
Emergency Management Agency, shall establish minimum
construction standards, insurance purchase
requirements, and other requirements for the use of
grant funds in hazard-prone areas.
``(C) Special flood hazards.--For the areas
described in subparagraph (A)(ii), the insurance
purchase requirements established under subparagraph
(B) shall meet or exceed the requirements under section
102(a) of the Flood Disaster Protection Act of 1973(42
U.S.C. 4012a(a)).
``(D) Consideration of future risks.--The Secretary
may consider future risks to protecting property and
health, safety, and general welfare, and the likelihood
of those risks, when making the determination of or
modification to hazard-prone areas under this
paragraph.
``(8) Relocation.--
``(A) In general.--The Uniform Relocation
Assistance and Real Property Acquisition Policies Act
of 1970 (42 U.S.C. 4601 et seq.) shall apply to
activities assisted under this section to the extent
determined by the Secretary in regulation, or as
provided in waivers and alternative requirements
authorized in accordance with subsection (i).
``(B) Policy.--Each grantee under this section
shall establish a relocation assistance policy that--
``(i) minimizes displacement and describes
the benefits available to persons displaced as
a direct result of acquisition, rehabilitation,
or demolition in connection with an activity
that is assisted by a grant under this section;
and
``(ii) includes any appeal rights or other
requirements that the Secretary establishes by
regulation.
``(d) Certifications.--Any grant under this section shall be made
only if the grantee certifies to the satisfaction of the Secretary
that--
``(1) the grantee is in full compliance with the
requirements under subsection (c)(2);
``(2) for grants other than grants to Indian tribes, the
grant will be conducted and administered in conformity with the
Civil Rights Act of 1964 (42 U.S.C. 2000a et seq.) and the Fair
Housing Act (42 U.S.C. 3601 et seq.);
``(3) the projected use of funds has been developed so as
to give maximum feasible priority to activities that will
benefit extremely low-, low-, and moderate-income families and
activities described in subsection (c)(5), and may also include
activities that are designed to aid in the prevention or
elimination of slum and blight to support disaster recovery,
meet other community development needs having a particular
urgency because existing conditions pose a serious and
immediate threat to the health or welfare of the community
where other financial resources are not available to meet such
needs, and alleviate future threats to human populations,
critical natural resources, and property that an analysis of
hazards shows are likely to result from natural disasters in
the future;
``(4) the grant funds shall principally benefit persons of
low and moderate income as described in subsection (c)(4);
``(5) for grants other than grants to Indian tribes, within
24 months of receiving a grant or at the time of its 3 or 5-
year update, whichever is sooner, the grantee will review and
make modifications to its non-disaster housing and community
development plans and strategies required by subsections (c)
and (m) of section 104 to reflect the disaster recovery needs
identified by the grantee and consistency with the plan under
subsection (c)(1);
``(6) the grantee will not attempt to recover any capital
costs of public improvements assisted in whole or part under
this section by assessing any amount against properties owned
and occupied by persons of low and moderate income, including
any fee charged or assessment made as a condition of obtaining
access to such public improvements, unless--
``(A) funds received under this section are used to
pay the proportion of such fee or assessment that
relates to the capital costs of such public
improvements that are financed from revenue sources
other than under this chapter; or
``(B) for purposes of assessing any amount against
properties owned and occupied by persons of moderate
income, the grantee certifies to the Secretary that the
grantee lacks sufficient funds received under this
section to comply with the requirements of subparagraph
(A);
``(7) the grantee will comply with the other provisions of
this title that apply to assistance under this section and with
other applicable laws;
``(8) the grantee will follow a relocation assistance
policy that includes any minimum requirements identified by the
Secretary; and
``(9) the grantee will adhere to construction standards,
insurance purchase requirements, and other requirements for
development in hazard-prone areas described in subsection
(c)(7).
``(e) Performance Reviews and Reporting.--
``(1) In general.--The Secretary shall, on not less
frequently than an annual basis, make such reviews and audits
as may be necessary or appropriate to determine whether a
grantee under this section has--
``(A) carried out activities using grant funds in a
timely manner;
``(B) met the performance targets established by
paragraph (2);
``(C) carried out activities using grant funds in
accordance with the requirements of this section, the
other provisions of this title that apply to assistance
under this section, and other applicable laws; and
``(D) a continuing capacity to carry out activities
in a timely manner.
``(2) Performance targets.--The Secretary shall develop and
make publicly available critical performance targets for
review, which shall include spending thresholds for each year
from the date on which funds are obligated by the Secretary to
the grantee until such time all funds have been expended.
``(3) Failure to meet targets.--
``(A) Suspension.--If a grantee under this section
fails to meet 1 or more critical performance targets
under paragraph (2), the Secretary may temporarily
suspend the grant.
``(B) Performance improvement plan.--If the
Secretary suspends a grant under subparagraph (A), the
Secretary shall provide to the grantee a performance
improvement plan with the specific requirements needed
to lift the suspension within a defined time period.
``(C) Report.--If a grantee fails to meet the
spending thresholds established under paragraph (2),
the grantee shall submit to the Secretary, the
appropriate committees of Congress, and each member of
Congress who represents a district or State of the
grantee a written report identifying technical
capacity, funding, or other Federal or State
impediments affecting the ability of the grantee to
meet the spending thresholds.
``(4) Collection of information and reporting.--
``(A) Requirement to report.--A grantee under this
section shall provide to the Secretary such information
as the Secretary may determine necessary for adequate
oversight of the grant program under this section.
``(B) Public availability.--Subject to subparagraph
(D), the Secretary shall make information submitted
under subparagraph (A) available to the public and to
the Inspector General for the Department of Housing and
Urban Development, disaggregated by income, geography,
and all classes of individuals protected under section
109.
``(C) Summary status reports.--To increase
transparency and accountability of the grant program
under this section the Secretary shall, on not less
frequently than an annual basis, post on a public
facing dashboard summary status reports for all active
grants under this section that includes--
``(i) the status of funds by activity;
``(ii) the percentages of funds allocated
and expended to benefit low- and moderate-
income communities;
``(iii) performance targets, spending
thresholds, and accomplishments; and
``(iv) other information the Secretary
determines to be relevant for transparency.
``(D) Considerations.--In carrying out this
paragraph, the Secretary--
``(i) shall take such actions as may be
necessary to ensure that personally
identifiable information regarding applicants
for assistance provided from funds made
available under this section is not made
publicly available; and
``(ii) may make full and unredacted
information available to academic institutions
for the purpose of researching into the
equitable distribution of recovery funds and
adherence to civil rights protections.
``(f) Eligible Activities.--
``(1) In general.--Activities assisted under this section--
``(A) may include activities permitted under
section 105 or other activities permitted by the
Secretary by waiver or alternative requirement pursuant
to subsection (i); and
``(B) shall be related to disaster relief, long-
term recovery, restoration of housing and
infrastructure, economic revitalization, and mitigation
in the most impacted and distressed areas resulting
from the major disaster for which the grant was
awarded.
``(2) Prohibition.--Grant funds under this section may not
be used for costs reimbursable by, or for which funds have been
made available by, the Federal Emergency Management Agency or
the United States Army Corps of Engineers.
``(3) Administrative costs, technical assistance and
planning.--
``(A) In general.--The Secretary shall establish in
regulation the maximum grant amounts a grantee may use
for administrative costs, technical assistance and
planning activities, taking into consideration size of
grant, complexity of recovery, and other factors as
determined by the Secretary, but not to exceed 10
percent for administration and 20 percent in total.
``(B) Availability.--Amounts available for
administrative costs for a grant under this section
shall be available for eligible administrative costs of
the grantee for any grant made under this section,
without regard to a particular disaster.
``(4) Program income.--Notwithstanding any other provision
of law, any grantee under this section may retain program
income that is realized from grants made by the Secretary under
this section if the grantee agrees that the grantee will
utilize the program income in accordance with the requirements
for grants under this section, except that the Secretary may--
``(A) by regulation, exclude from consideration as
program income any amounts determined to be so small
that compliance with this paragraph creates an
unreasonable administrative burden on the grantee; or
``(B) permit the grantee to transfer remaining
program income to the other grants of the grantee under
this title upon closeout of the grant.
``(5) Prohibition on use of assistance for employment
relocation activities.--
``(A) In general.--Grants under this section may
not be used to assist directly in the relocation of any
industrial or commercial plant, facility, or operation,
from one area to another area, if the relocation is
likely to result in a significant loss of employment in
the labor market area from which the relocation occurs.
``(B) Applicability.--The prohibition under
subparagraph (A) shall not apply to a business that was
operating in the disaster-declared labor market area
before the incident date of the applicable disaster and
has since moved, in whole or in part, from the affected
area to another State or to a labor market area within
the same State to continue business.
``(6) Requirements.--Grants under this section are subject
to the requirements of this section, the other provisions of
this title that apply to assistance under this section, and
other applicable laws, unless modified by waivers and
alternative requirements in accordance with subsection (i).
``(g) Environmental Review.--
``(1) Adoption.--A recipient of funds provided under this
section that uses the funds to supplement Federal assistance
provided under section 402, 403, 404, 406, 407, 408(c)(4), 428,
or 502 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170a, 5170b, 5170c, 5172, 5173,
5174(c)(4), 5189f, 5192) may adopt, without review or public
comment, any environmental review, approval, or permit
performed by a Federal agency, and that adoption shall satisfy
the responsibilities of the recipient with respect to the
environmental review, approval, or permit under section
104(g)(1).
``(2) Approval of release of funds.--Notwithstanding
section 104(g)(2), the Secretary or a State may, upon receipt
of a request for release of funds and certification,
immediately approve the release of funds for an activity or
project to be assisted under this section if the recipient has
adopted an environmental review, approval, or permit under
paragraph (1) or the activity or project is categorically
excluded from review under the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.).
``(3) Units of general local government.--The provisions of
section 104(g)(4) shall apply to assistance under this section
that a State distributes to a unit of general local government.
``(h) Financial Controls and Procedures.--
``(1) In general.--The Secretary shall develop requirements
and procedures to demonstrate that a grantee under this
section--
``(A) has adequate financial controls and
procurement processes;
``(B) has adequate procedures to detect and prevent
fraud, waste, abuse and duplication of benefit; and
``(C) maintains a comprehensive and publicly
accessible website.
``(2) Certification.--Before making a grant under this
section, the Secretary shall certify that the grantee has in
place proficient processes and procedures to comply with the
requirements developed under paragraph (1), as determined by
the Secretary.
``(3) Compliance before allocation.--The Secretary may
permit a State, unit of general local government, or Indian
tribe to demonstrate compliance with the requirements for
adequate financial controls developed under paragraph (1)
before a disaster occurs and before receiving an allocation for
a grant under this section.
``(4) Duplication of benefits.--
``(A) In general.--Funds made available under this
subsection shall be used in accordance with section 312
of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5155), as amended by section
1210 of the Disaster Recovery Reform Act of 2018
(division D of Public Law 115-254), and such rules as
may be prescribed under such section 312.
``(B) Penalties.--In any case in which the use of
grant funds under this section results in a prohibited
duplication of benefits, the grantee shall--
``(i) apply an amount equal to the
identified duplication to any allowable costs
of the award consistent with actual, immediate
cash requirement;
``(ii) remit any excess amounts to the
Secretary to be credited to the obligated,
undisbursed balance of the grant consistent
with requirements on Federal payments
applicable to such grantee; and
``(iii) if excess amounts under clause (ii)
are identified after the period of performance
or after the closeout of the award, remit such
amounts to the Secretary to be credited to the
Fund.
``(C) Failure to comply.--A grantee that fails to
comply with subparagraph (A) shall be subject to
remedies for noncompliance under section 111, unless
the Secretary publishes a determination in the Federal
Register that it is not in the best interest of the
Federal Government to pursue remedial actions.
``(i) Waivers.--
``(1) In general.--In administering grants under this
section, the Secretary may waive, or specify alternative
requirements for, any provision of any statute or regulation
that the Secretary administers in connection with the
obligation by the Secretary or the use by the grantee of those
funds (except for requirements related to fair housing,
nondiscrimination, labor standards, the environment, and the
requirements of this section that do not expressly authorize
modifications by waiver or alternative requirement), if the
Secretary makes a public finding that good cause exists for the
waiver or alternative requirement and the waiver or alternative
requirement would not be inconsistent with the findings in
section 502 of the Reforming Disaster Recovery Act.
``(2) Effective date.--A waiver or alternative requirement
described in paragraph (1) shall not take effect before the
date that is 5 days after the date of publication of the waiver
or alternative requirement on the website of the Department of
Housing and Urban Development or the effective date for any
regulation published in the Federal Register.
``(3) Public notification.--The Secretary shall notify the
public of all waivers described in paragraph (1) in accordance
with the requirements of section 7(q)(3) of the Department of
Housing and Urban Development Act (42 U.S.C. 3535(q)(3)).
``(j) Unused Amounts.--
``(1) Deadline to use amounts.--A grantee under this
section shall use an amount equal to the grant within 6 years
beginning on the date on which the Secretary obligates the
amounts to the grantee, as such period may be extended under
paragraph (4).
``(2) Recapture.--The Secretary shall recapture and credit
to the Fund any amount that is unused by a grantee under this
section upon the earlier of--
``(A) the date on which the grantee notifies the
Secretary that the grantee has completed all activities
identified in the disaster grantee's plan under
subsection (c); or
``(B) the expiration of the 6-year period described
in paragraph (1), as such period may be extended under
paragraph (4).
``(3) Retention of funds.--Notwithstanding paragraph (1),
the Secretary may allow a grantee under this section to
retain--
``(A) amounts needed to close out grants; and
``(B) up to 10 percent of the remaining funds to
support maintenance of the minimal capacity to launch a
new program in the event of a future disaster and to
support pre-disaster long-term recovery and mitigation
planning.
``(4) Extension of period for use of funds.--The Secretary
may extend the 6-year period described in paragraph (1) by not
more than 4 years, or not more than 6 years for mitigation
activities, if--
``(A) the grantee submits to the Secretary--
``(i) written documentation of the exigent
circumstances impacting the ability of the
grantee to expend funds that could not be
anticipated; or
``(ii) a justification that such request is
necessary due to the nature and complexity of
the program and projects; and
``(B) the Secretary submits a written justification
for the extension to the Committees on Appropriations
of Senate and the House of Representatives that
specifies the period of that extension.''.
regulations
Sec. 507. (a) Proposed Rules.-- Following consultation with the
Federal Emergency Management Agency, the Small Business Administration,
and other Federal agencies, not later than 6 months after the date of
enactment of this Act, the Secretary shall issue proposed rules to
carry out this Act and the amendments made by this Act and shall
provide a 90-day period for submission of public comments on those
proposed rules.
(b) Final Rules.--Not later than 1 year after the date of enactment
of this Act, the Secretary shall issue final regulations to carry out
section 123 of the Housing and Community Development Act of 1974, as
added by section 506.
coordination of disaster recovery assistance, benefits, and data with
other federal agencies
Sec. 508. (a) Coordination of Disaster Recovery Assistance.--In
order to ensure a comprehensive approach to Federal disaster relief,
long-term recovery, restoration of housing and infrastructure, economic
revitalization, and mitigation in the most impacted and distressed
areas resulting from a catastrophic major disaster, the Secretary shall
coordinate with the Federal Emergency Management Agency, to the
greatest extent practicable, in the implementation of assistance
authorized under section 123 of the Housing and Community Development
Act of 1974, as added by section 506.
(b) Data Sharing Agreements.--To support the coordination of data
to prevent duplication of benefits with other Federal disaster recovery
programs while also expediting recovery and reducing burden on disaster
survivors, the Department shall establish data sharing agreements that
safeguard privacy with relevant Federal agencies to ensure disaster
benefits effectively and efficiently reach intended beneficiaries,
while using effective means of preventing harm to people and property.
(c) Data Transfer From FEMA and SBA to HUD.--As permitted and
deemed necessary for efficient program execution, and consistent with a
computer matching agreement entered into under subsection (f)(1), the
Administrator of the Federal Emergency Management Agency and the
Administrator of the Small Business Administration shall provide data
on disaster applicants to the Department, including, when necessary,
personally identifiable information, disaster recovery needs, and
resources determined eligible for, and amounts expended, to the
Secretary for all major disasters declared by the President pursuant to
section 401 of Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170) for the purpose of providing additional
assistance to disaster survivors and prevent duplication of benefits.
(d) Data Transfers From HUD to HUD Grantees.--The Secretary is
authorized to provide to grantees under section 123 of the Housing and
Community Development Act of 1974, as added by section 506, offices of
the Department, technical assistance providers, and lenders information
that in the determination of the Secretary is reasonably available and
appropriate to inform the provision of assistance after a major
disaster, including information provided to the Secretary by the
Administrator of the Federal Emergency Management Agency, the
Administrator of the Small Business Administration, or other Federal
agencies.
(e) Data Transfers From HUD Grantees to HUD, FEMA, and SBA.--
(1) Reporting.--Grantees under section 123 of the Housing
and Community Development Act of 1974, as added by section 506,
shall report information requested by the Secretary on
households, businesses, and other entities assisted and the
type of assistance provided.
(2) Sharing information.--The Secretary shall share
information collected under paragraph (1) with the Federal
Emergency Management Agency, the Small Business Administration,
and other Federal agencies to support the planning and delivery
of disaster recovery and mitigation assistance.
(f) Privacy Protection.--The Secretary may make and receive data
transfers authorized under this section, including the use and
retention of that data for computer matching programs, to inform the
provision of assistance, assess disaster recovery needs, and prevent
the duplication of benefits and other waste, fraud, and abuse, provided
that--
(1) the Secretary enters a computer matching agreement with
the Administrator of the Federal Emergency Management Agency,
the Administrator of the Small Business Administration, or
other Federal agencies covering the transfer of data;
(2) the Secretary publishes intent to disclose data in the
Federal Register;
(3) notwithstanding paragraphs (1) and (2), section 552a of
title 5, United States Code (commonly known as the ``Privacy
Act of 1974''), or any other law, the Secretary is authorized
to share data with an entity identified in subsection (d), and
the entity is authorized to use the data as described in this
section, if the Secretary enters a data sharing agreement with
the entity before sharing or receiving any information under
transfers authorized by this section, which data sharing
agreement shall--
(A) in the determination of the Secretary, include
measures adequate to safeguard the privacy and
personally identifiable information of individuals; and
(B) include provisions that describe how the
personally identifiable information of an individual
will be adequately safeguarded and protected, which
requires consultation with the Secretary and the head
of each Federal agency the data of which is being
shared subject to the agreement.
This Act may be cited as the ``Transportation, Housing and Urban
Development, and Related Agencies Appropriations Act, 2022''.
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