IB 

Union Calendar No. 363 

116TH CONGRESS 

2D SESSION H. R. 7616 

[Report No. 116–452] 

Making appropriations for the Departments of Transportation, and Housing 

and Urban Development, and related agencies for the fiscal year ending 

September 30, 2021, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 16, 2020 

Mr. PRICE of North Carolina, from the Committee on Appropriations, reported the following bill; which was committed to the Committee of the 

Whole House on the State of the Union and ordered to be printed 

A BILL 

Making appropriations for the Departments of Transportation, and Housing and Urban Development, and related agencies for the fiscal year ending September 30, 

2021, and for other purposes. 


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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 That the following sums are appropriated, out of any 

4 money in the Treasury not otherwise appropriated, for the 

5 Departments of Transportation, and Housing and Urban 

6 Development, and related agencies for the fiscal year end7 ing September 30, 2021, and for other purposes, namely: 

8 TITLE I 

9 DEPARTMENT OF TRANSPORTATION 

10 OFFICE OF THE SECRETARY

11 SALARIES AND EXPENSES

12 For necessary expenses of the Office of the Secretary, 

13 $126,174,000, of which not to exceed $3,360,000 shall be 

14 available for the immediate Office of the Secretary; not 

15 to exceed $1,200,000 shall be available for the immediate 

16 Office of the Deputy Secretary; not to exceed $22,210,000 

17 shall be available for the Office of the General Counsel; 

18 not to exceed $11,797,000 shall be available for the Office 

19 of the Under Secretary of Transportation for Policy; not 

20 to exceed $16,394,000 shall be available for the Office of 

21 the Assistant Secretary for Budget and Programs; not to 

22 exceed $3,010,000 shall be available for the Office of the 

23 Assistant Secretary for Governmental Affairs; not to ex24 ceed $32,239,000 shall be available for the Office of the 

25 Assistant Secretary for Administration; not to exceed 


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1 $2,610,000 shall be available for the Office of Public Af2 fairs; not to exceed $2,018,000 shall be available for the 

3 Office of the Executive Secretariat; not to exceed 

4 $13,576,000 shall be available for the Office of Intel5 ligence, Security, and Emergency Response; and not to ex6 ceed $17,760,000 shall be available for the Office of the 

7 Chief Information Officer: Provided, That the Secretary 

8 of Transportation is authorized to transfer funds appro9 priated for any office of the Office of the Secretary to any 

10 other office of the Office of the Secretary: Provided fur11 ther, That no appropriation for any office shall be in12 creased or decreased by more than 7 percent by all such 

13 transfers: Provided further, That notice of any change in 

14 funding greater than 7 percent shall be submitted for ap15 proval to the House and Senate Committees on Appropria16 tions: Provided further, That not to exceed $60,000 shall 

17 be for allocation within the Department for official recep18 tion and representation expenses as the Secretary may de19 termine: Provided further, That notwithstanding any other 

20 provision of law, there may be credited to this appropria21 tion up to $2,500,000 in funds received in user fees: Pro22 vided further, That none of the funds made available by 

23 this Act shall be available for the position of Assistant Sec24 retary for Public Affairs. 


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1 RESEARCH AND TECHNOLOGY

2 For necessary expenses related to the Office of the 

3 Assistant Secretary for Research and Technology, 

4 $19,800,000, of which $12,718,000 shall remain available 

5 until expended: Provided, That of the amounts made avail6 able under this heading, $3,000,000, to remain available 

7 until expended, shall be for the Highly Automated Sys8 tems Safety Center of Excellence established by section 

9 105 of title I of division H of the Further Consolidated 

10 Appropriations Act, 2020 (Public Law 116-94): Provided 

11 further, That there may be credited to this appropriation, 

12 to be available until expended, funds received from States, 

13 counties, municipalities, other public authorities, and pri14 vate sources for expenses incurred for training: Provided 

15 further, That any reference in law, regulation, judicial pro16 ceedings, or elsewhere to the Research and Innovative 

17 Technology Administration shall continue to be deemed to 

18 be a reference to the Office of the Assistant Secretary for 

19 Research and Technology of the Department of Transpor20 tation. 

21 NATIONAL INFRASTRUCTURE INVESTMENTS

22 (INCLUDING TRANSFER OF FUNDS)

23 For capital investments in surface transportation in24 frastructure, $1,000,000,000, to remain available until 

25 September 30, 2026: Provided, That the Secretary of 


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1 Transportation shall distribute amounts made available 

2 under this heading as discretionary grants to be awarded 

3 to a State, local, or Tribal government, U.S. territory, 

4 transit agency, port authority, metropolitan planning or5 ganization, political subdivision of a State or local govern6 ment, or a collaboration among such entities on a competi7 tive basis for projects that will have a significant local or 

8 regional impact: Provided further, That projects eligible 

9 for amounts made available under this heading shall in10 clude highway or bridge projects eligible under title 23, 

11 United States Code; public transportation projects eligible 

12 under chapter 53 of title 49, United States Code; pas13 senger and freight rail transportation projects; port infra14 structure investments (including inland port infrastruc15 ture and land ports of entry); and projects investing in 

16 surface transportation facilities that are located on Tribal 

17 land and for which title or maintenance responsibility is 

18 vested in the Federal Government: Provided further, That 

19 of the amounts made available under this heading, the 

20 Secretary shall use an amount not less than $20,000,000 

21 for the planning, preparation, or design of projects eligible 

22 for amounts made available under this heading, with an 

23 emphasis on transit, transit oriented development, and 

24 multimodal projects: Provided further, That of the 

25 amounts made available under this heading, the Secretary 


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1 shall use an amount not less than $20,000,000 for the 

2 planning, preparation, or design of projects eligible for 

3 amounts made available under this heading located in or 

4 to directly benefit areas of persistent poverty: Provided 

5 further, That the term ‘‘areas of persistent poverty’’ 

6 means any county that has consistently had 20 percent 

7 or more of the population living in poverty during the 30- 

8 year period preceding the date of enactment of this Act, 

9 as measured by the 1990 and 2000 decennial census and 

10 the most recent annual Small Area Income and Poverty 

11 Estimates as estimated by the Bureau of the Census; any 

12 census tract with a poverty rate of at least 20 percent 

13 as measured by the 2014-2018 5-year data series available 

14 from the American Community Survey of the Bureau of 

15 the Census; or any territory or possession of the United 

16 States: Provided further, That grants awarded under the 

17 preceding 3 provisos shall not be subject to a minimum 

18 grant size: Provided further, That the Secretary may use 

19 up to 20 percent of the amounts made available under this 

20 heading for the purpose of paying the subsidy and admin21 istrative costs of projects eligible for Federal credit assist22 ance under chapter 6 of title 23, United States Code, or 

23 sections 501 through 504 of the Railroad Revitalization 

24 and Regulatory Reform Act of 1976 (Public Law 94–210), 

25 if the Secretary finds that such use of funds would adVerDate Sep 11 2014 19:17 Jul 16, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H7616.RH H7616

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1 vance the purposes of this heading: Provided further, That 

2 in distributing amounts made available under this head3 ing, the Secretary shall take such measures so as to ensure 

4 an equitable geographic distribution of funds, an equitable 

5 distribution of funds between urban and rural areas, and 

6 the investment in a variety of transportation modes, in7 cluding public transit, passenger rail, and pedestrian im8 provements: Provided further, That a grant award under 

9 this heading shall be not less than $5,000,000 and not 

10 greater than $25,000,000: Provided further, That not 

11 more than 10 percent of the amounts made available 

12 under this heading may be awarded to projects in a single 

13 State that are not port infrastructure investments (includ14 ing inland port infrastructure and land ports of entry): 

15 Provided further, That the Federal share of the costs for 

16 which an amount is provided under this heading shall be, 

17 at the option of the recipient, up to 80 percent: Provided 

18 further, That the Secretary shall give priority to projects 

19 that require a contribution of Federal funds in order to 

20 complete an overall financing package: Provided further, 

21 That an award under this heading is an urban award if 

22 it is to a project located within or on the boundary of an 

23 urbanized area, as designated by the Bureau of the Cen24 sus, that had a population greater than 250,000 in the 

25 2010 decennial census: Provided further, That for the purVerDate Sep 11 2014 19:17 Jul 16, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H7616.RH H7616

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1 pose of determining if an award for planning, preparation, 

2 or design is an urban award, the project location is the 

3 location of the project being planned, prepared, or de4 signed: Provided further, That each award under this 

5 heading that is not an urban award is a rural award: Pro6 vided further, That of the amounts awarded under this 

7 heading, 60 percent shall be awarded as urban awards and 

8 40 percent shall be awarded as rural awards: Provided fur9 ther, That for rural awards, the minimum grant size shall 

10 be $1,000,000 and the Secretary may increase the Federal 

11 share of costs above 80 percent: Provided further, That 

12 projects conducted using amounts made available under 

13 this heading shall comply with the requirements of sub14 chapter IV of chapter 31 of title 40, United States Code: 

15 Provided further, That the Secretary shall conduct a new 

16 competition to select the grants and credit assistance 

17 awarded under this heading: Provided further, That the 

18 Secretary may retain up to $25,000,000 of the amounts 

19 made available under this heading, and may transfer por20 tions of such amounts to the Administrators of the Fed21 eral Highway Administration, the Federal Transit Admin22 istration, the Federal Railroad Administration, and the 

23 Maritime Administration to fund the award and oversight 

24 of grants and credit assistance made under the national 

25 infrastructure investments program: Provided further, 


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1 That the Secretary shall consider and award projects 

2 based solely on the selection criteria from the fiscal year 

3 2017 Notice of Funding Opportunity: Provided further, 

4 That, notwithstanding the preceding proviso, the Sec5 retary shall not use the Federal share or an applicant’s 

6 ability to generate non-Federal revenue as a selection cri7 teria in awarding projects: Provided further, That the Sec8 retary shall issue the Notice of Funding Opportunity not 

9 later than 60 days after the date of enactment of this Act: 

10 Provided further, That such Notice of Funding Oppor11 tunity shall require application submissions 90 days after 

12 the publishing of such Notice: Provided further, That of 

13 the applications submitted under the preceding 2 provisos, 

14 the Secretary shall make grants not later than 270 days 

15 after the date of enactment of this Act in such amounts 

16 that the Secretary determines. 

17 NATIONAL SURFACE TRANSPORTATION AND INNOVATIVE

18 FINANCE BUREAU

19 For necessary expenses of the National Surface 

20 Transportation and Innovative Finance Bureau as author21 ized by section 116 of title 49, United States Code, 

22 $15,500,000, to remain available until expended: Pro23 vided, That of the amounts made available under this 

24 heading, $10,000,000 shall be for planning grants to as25 sist areas of persistent poverty: Provided further, That the 


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1 term ‘‘areas of persistent poverty’’ means any county that 

2 has consistently had 20 percent or more of the population 

3 living in poverty during the 30-year period preceding the 

4 date of enactment of this Act, as measured by the 1990 

5 and 2000 decennial census and the most recent annual 

6 Small Area Income and Poverty Estimates as estimated 

7 by the Bureau of the Census; any census tract with a pov8 erty rate of at least 20 percent as measured by the 2014– 

9 2018 5-year data series available from the American Com10 munity Survey of the Bureau of the Census; or any terri11 tory or possession of the United States: Provided further, 

12 That planning grants under this heading shall be in the 

13 form of competitive grants to eligible entities to support 

14 pre-construction activities including planning, engineering, 

15 design, environmental analysis, feasibility studies, and fi16 nance plans for eligible projects: Provided further, That 

17 eligible entities for planning grants under this heading 

18 shall include a State, local, or Tribal government, a U.S. 

19 territory, a transit agency, a port authority or commission, 

20 a metropolitan planning organization, other political sub21 divisions of a State or a local government, or a collabora22 tion among such entities: Provided further, That eligible 

23 projects for planning grants under this heading shall in24 clude highway, bridge, and bicycle and pedestrian projects 

25 eligible under title 23, United States Code; public transVerDate Sep 11 2014 19:17 Jul 16, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H7616.RH H7616

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1 portation projects eligible under chapter 53 of title 49, 

2 United States Code; passenger and freight rail transpor3 tation projects; port infrastructure improvement projects; 

4 airport improvement projects; and intermodal projects 

5 that are located in or to directly benefit areas of persistent 

6 poverty: Provided further, That the Secretary of Transpor7 tation shall conduct outreach to eligible entities for plan8 ning grants under this heading through personal contact, 

9 webinars, web materials, or other appropriate methods de10 termined by the Secretary, to ensure such eligible entities 

11 are aware of the availability of planning grants under this 

12 heading and are able to apply for such grants: Provided 

13 further, That the Federal share of the costs for planning 

14 grants under this heading shall be, at the option of the 

15 eligible entity, not less than 90 percent of the net total 

16 project cost: Provided further, That the Secretary shall not 

17 use the requested amount of the Federal share or an eligi18 ble entities’ ability to generate non-Federal revenue as a 

19 selection criteria in awarding planning grants under this 

20 heading: Provided further, That a planning grant funded 

21 under this heading shall be not less than $100,000 and 

22 not greater than $500,000: Provided further, That for 

23 planning grants under this heading priority consideration 

24 shall be, without regard to rural or urban areas of per25 sistent poverty, based on project justification and demVerDate Sep 11 2014 19:17 Jul 16, 2020 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H7616.RH H7616

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1 onstrated need: Provided further, That for planning grants 

2 under this heading the Secretary shall consider factors 

3 such as improving safety and state of good repair, reduc4 ing congestion and vehicle emissions, and increasing 

5 connectivity and quality of life when considering dem6 onstrated need: Provided further, That the Secretary may 

7 withhold up to 1 percent of the amounts made available 

8 for planning grants under this heading for the costs of 

9 award and grant administration. 

10 RAILROAD REHABILITATION AND IMPROVEMENT

11 FINANCING PROGRAM

12 For the cost of modifications, as defined by section 

13 502 of the Federal Credit Reform Act of 1990, of direct 

14 loans issued pursuant to sections 501 through 504 of the 

15 Railroad Revitalization and Regulatory Reform Act of 

16 1976 (Public Law 94–210), and included in cohort 3, as 

17 defined by the Department of Transportation’s memo18 randum to the Office of Management and Budget dated 

19 November 5, 2018, $70,000,000, to remain available until 

20 expended: Provided, That, for a direct loan included in 

21 such cohort 3 that has satisfied all obligations attached 

22 to such loan, the Secretary shall repay the credit risk pre23 miums of such loan, with interest accrued thereon, not 

24 later than 60 days after the enactment of this Act or, for 

25 a direct loan included in such cohort 3 with obligations 


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1 that have not yet been satisfied, not later than 60 days 

2 after the date on which all obligations attached to such 

3 loan have been satisfied: Provided further, That the Sec4 retary of Transportation is authorized to issue direct loans 

5 and loan guarantees pursuant to sections 501 through 504 

6 of the Railroad Revitalization and Regulatory Reform Act 

7 of 1976 (Public Law 94–210), and such authority shall 

8 exist so long as any such direct loan or loan guarantee 

9 is outstanding. 

10 FINANCIAL MANAGEMENT CAPITAL

11 For necessary expenses for upgrading and enhancing 

12 the Department of Transportation’s financial systems and 

13 reengineering business processes, $2,000,000, to remain 

14 available until September 30, 2022. 

15 CYBER SECURITY INITIATIVES

16 For necessary expenses for cyber security initiatives, 

17 including necessary upgrades to network and information 

18 technology infrastructure, improvement of identity man19 agement and authentication capabilities, securing and pro20 tecting data, implementation of Federal cyber security ini21 tiatives, and implementation of enhanced security controls 

22 on agency computers and mobile devices, $19,300,000, to 

23 remain available until September 30, 2022. 


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1 OFFICE OF CIVIL RIGHTS

2 For necessary expenses of the Office of Civil Rights, 

3 $9,600,000. 

4 TRANSPORTATION PLANNING, RESEARCH, AND

5 DEVELOPMENT

6 (INCLUDING TRANSFER OF FUNDS)

7 For necessary expenses for conducting transportation 

8 planning, research, systems development, development ac9 tivities, and making grants, $10,879,000, to remain avail10 able until expended: Provided, That of such amount, 

11 $1,000,000 shall be for necessary expenses of the Inter12 agency Infrastructure Permitting Improvement Center 

13 (IIPIC): Provided further, That there may be transferred 

14 to this appropriation, to remain available until expended, 

15 amounts transferred from other Federal agencies for ex16 penses incurred under this heading for IIPIC activities not 

17 related to transportation infrastructure: Provided further, 

18 That the tools and analysis developed by the IIPIC shall 

19 be available to other Federal agencies for the permitting 

20 and review of major infrastructure projects not related to 

21 transportation only to the extent that other Federal agen22 cies provide funding to the Department in accordance with 

23 the preceding proviso. 


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1 WORKING CAPITAL FUND

2 (INCLUDING TRANSFER OF FUNDS)

3 For necessary expenses for operating costs and cap4 ital outlays of the Working Capital Fund, not to exceed 

5 $372,016,000, shall be paid from appropriations made 

6 available to the Department of Transportation: Provided, 

7 That such services shall be provided on a competitive basis 

8 to entities within the Department of Transportation 

9 (DOT): Provided further, That the limitation in the pre10 ceding proviso on operating expenses shall not apply to 

11 non-DOT entities: Provided further, That no funds made 

12 available by this Act to an agency of the Department shall 

13 be transferred to the Working Capital Fund without ma14 jority approval of the Working Capital Fund Steering 

15 Committee and approval of the Secretary: Provided fur16 ther, That no assessments may be levied against any pro17 gram, budget activity, subactivity, or project funded by 

18 this Act unless notice of such assessments and the basis 

19 therefor are presented to the House and Senate Commit20 tees on Appropriations and are approved by such Commit21 tees. 

22 SMALL AND DISADVANTAGED BUSINESS UTILIZATION AND

23 OUTREACH

24 For necessary expenses for small and disadvantaged 

25 business utilization and outreach activities, $4,714,000, to 


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1 remain available until September 30, 2022: Provided, 

2 That notwithstanding section 332 of title 49, United 

3 States Code, such amounts may be used for business op4 portunities related to any mode of transportation: Pro5 vided further, That appropriations made available under 

6 this heading shall be available for any purpose consistent 

7 with prior year appropriations that were made available 

8 under the heading ‘‘Office of the Secretary—Minority 

9 Business Resource Center Program’’. 

10 PAYMENTS TO AIR CARRIERS

11 (AIRPORT AND AIRWAY TRUST FUND)

12 In addition to funds made available from any other 

13 source to carry out the essential air service program under 

14 sections 41731 through 41742 of title 49, United States 

15 Code, $162,000,000, to be derived from the Airport and 

16 Airway Trust Fund, to remain available until expended: 

17 Provided, That in determining between or among carriers 

18 competing to provide service to a community, the Sec19 retary may consider the relative subsidy requirements of 

20 the carriers: Provided further, That basic essential air 

21 service minimum requirements shall not include the 15- 

22 passenger capacity requirement under section 41732(b)(3) 

23 of title 49, United States Code: Provided further, That 

24 none of the funds made available in this Act or any other 

25 Act shall be used to enter into a new contract with a comVerDate Sep 11 2014 19:17 Jul 16, 2020 Jkt 099200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\H7616.RH H7616

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1 munity located less than 40 miles from the nearest small 

2 hub airport before the Secretary has negotiated with the 

3 community over a local cost share: Provided further, That 

4 amounts authorized to be distributed for the essential air 

5 service program under section 41742(b) of title 49, United 

6 States Code, shall be made available immediately from 

7 amounts otherwise provided to the Administrator of the 

8 Federal Aviation Administration: Provided further, That 

9 the Administrator may reimburse such amounts from fees 

10 credited to the account established under section 45303 

11 of title 49, United States Code. 

12 ADMINISTRATIVE PROVISIONS—OFFICE OF THE

13 SECRETARY OF TRANSPORTATION

14 (INCLUDING RESCISSIONS)

15 SEC. 101. None of the funds made available by this 

16 Act to the Department of Transportation may be obligated 

17 for the Office of the Secretary of Transportation to ap18 prove assessments or reimbursable agreements pertaining 

19 to funds appropriated to the operating administrations in 

20 this Act, except for activities underway on the date of en21 actment of this Act, unless such assessments or agree22 ments have completed the normal reprogramming process 

23 for congressional notification. 

24 SEC. 102. The Secretary shall post on the Web site 

25 of the Department of Transportation a schedule of all 


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1 meetings of the Council on Credit and Finance, including 

2 the agenda for each meeting, and require the Council on 

3 Credit and Finance to record the decisions and actions 

4 of each meeting. 

5 SEC. 103. In addition to authority provided by section 

6 327 of title 49, United States Code, the Department’s 

7 Working Capital Fund is authorized to provide partial or 

8 full payments in advance and accept subsequent reim9 bursements from all Federal agencies from available funds 

10 for transit benefit distribution services that are necessary 

11 to carry out the Federal transit pass transportation fringe 

12 benefit program under Executive Order No. 13150 and 

13 section 3049 of SAFETEA-LU (5 U.S.C. 7905 note): 

14 Provided, That the Department shall maintain a reason15 able operating reserve in the Working Capital Fund, to 

16 be expended in advance to provide uninterrupted transit 

17 benefits to Government employees: Provided further, That 

18 such reserve shall not exceed 1 month of benefits payable 

19 and may be used only for the purpose of providing for 

20 the continuation of transit benefits: Provided further, That 

21 the Working Capital Fund shall be fully reimbursed by 

22 each customer agency from available funds for the actual 

23 cost of the transit benefit. 

24 SEC. 104. Notwithstanding section 3324 of title 31, 

25 United States Code, in addition to authority provided by 


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1 section 327 of title 49, United States Code, the Depart2 ment’s Working Capital Fund is authorized to provide 

3 payments in advance to vendors that are necessary to 

4 carry out the Federal transit pass transportation fringe 

5 benefit program under Executive Order 13150 and section 

6 3049 of SAFETEA-LU (5 U.S.C. 7905 note): Provided, 

7 That the Department shall include adequate safeguards 

8 in the contract with the vendors to ensure timely and high9 quality performance under the contract. 

10 SEC. 105. Receipts collected in the Department’s 

11 Working Capital Fund, as authorized by section 327 of 

12 title 49, United States Code, for unused van pool benefits, 

13 in an amount not to exceed 10 percent of fiscal year 2021 

14 collections, shall be available until expended in the Depart15 ment’s Working Capital Fund to provide contractual serv16 ices in support of section 190 of this Act: Provided, That 

17 obligations in fiscal year 2021 of such collections shall not 

18 exceed $1,000,000. 

19 SEC. 106. (a) The remaining unobligated balances, 

20 as of September 30, 2020, from amounts made available 

21 for the ‘‘Department of Transportation—Office of the 

22 Secretary—National Infrastructure Investments’’ in divi23 sion K of the Consolidated Appropriations Act, 2017 

24 (Public Law 115–31) are hereby permanently rescinded, 

25 and an amount of additional new budget authority equivaVerDate Sep 11 2014 19:17 Jul 16, 2020 Jkt 099200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\H7616.RH H7616

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1 lent to the amount rescinded is hereby appropriated on 

2 September 30, 2020, to remain available until September 

3 30, 2021, and shall be available, without additional com4 petition, for completing the funding of awards made pur5 suant to the fiscal year 2017 national infrastructure in6 vestments program. 

7 (b) The remaining unobligated balances, as of Sep8 tember 30, 2020, from amounts made available for the 

9 ‘‘Department of Transportation—Office of the Sec10 retary—National Infrastructure Investments’’ in division 

11 L of the Consolidated Appropriations Act, 2018 (Public 

12 Law 115-141) are hereby permanently rescinded, and an 

13 amount of additional new budget authority equivalent to 

14 the amount rescinded is hereby appropriated on Sep15 tember 30, 2020, to remain available until September 30, 

16 2022, and shall be available, without additional competi17 tion, for completing the funding of awards made pursuant 

18 to the fiscal year 2018 national infrastructure investments 

19 program. 

20 (c) The remaining unobligated balances, as of Sep21 tember 30, 2021, from amounts made available for the 

22 ‘‘Department of Transportation—Office of the Sec23 retary—National Infrastructure Investments’’ in division 

24 G of the Consolidated Appropriations Act, 2019 (Public 

25 Law 116-6) are hereby permanently rescinded, and an 


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1 amount of additional new budget authority equivalent to 

2 the amount rescinded is hereby appropriated on Sep3 tember 30, 2021, to remain available until September 30, 

4 2023, and shall be available, without additional competi5 tion, for completing the funding of awards made pursuant 

6 to the fiscal year 2019 national infrastructure investments 

7 program. 

8 (d) The remaining unobligated balances, as of Sep9 tember 30, 2022, from amounts made available for the 

10 ‘‘Department of Transportation—Office of the Sec11 retary—National Infrastructure Investments’’ in division 

12 H of the Further Consolidated Appropriations Act, 2020 

13 (Public Law 116-94) are hereby permanently rescinded, 

14 and an amount of additional new budget authority equiva15 lent to the amount rescinded is hereby appropriated on 

16 September 30, 2022, to remain available until September 

17 30, 2025, and shall be available, without additional com18 petition, for completing the funding of awards made pur19 suant to the fiscal year 2020 national infrastructure in20 vestments program. 

21 FEDERAL AVIATION ADMINISTRATION

22 OPERATIONS

23 For necessary expenses of the Federal Aviation Ad24 ministration, not otherwise provided for, including oper25 ations and research activities related to commercial space 


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1 transportation, administrative expenses for research and 

2 development, establishment of air navigation facilities, the 

3 operation (including leasing) and maintenance of aircraft, 

4 subsidizing the cost of aeronautical charts and maps sold 

5 to the public, the lease or purchase of passenger motor 

6 vehicles for replacement only, $11,051,500,000, to remain 

7 available until September 30, 2022, to be derived from the 

8 general fund: Provided, That of the amounts made avail9 able under this heading— 

10 (1) not less than $1,500,000,000 shall be avail11 able for aviation safety activities; 

12 (2) not to exceed $8,231,000,000 shall be avail13 able for air traffic organization activities; 

14 (3) not to exceed $27,555,000 shall be available 

15 for commercial space transportation activities; 

16 (4) not to exceed $836,000,000 shall be avail17 able for finance and management activities; 

18 (5) not to exceed $62,862,000 shall be available 

19 for NextGen and operations planning activities; 

20 (6) not to exceed $129,000,000 shall be avail21 able for security and hazardous materials safety; and 

22 (7) not to exceed $265,083,000 shall be avail23 able for staff offices, of which $7,500,000 is for the 

24 Minority Serving Institutions internship program: 


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1 Provided further, That not to exceed 5 percent of any 

2 budget activity, except for aviation safety budget activity, 

3 may be transferred to any budget activity under this head4 ing: Provided further, That no transfer may increase or 

5 decrease any appropriation under this heading by more 

6 than 5 percent: Provided further, That any transfer in ex7 cess of 5 percent shall be treated as a reprogramming of 

8 funds under section 405 of this Act and shall not be avail9 able for obligation or expenditure except in compliance 

10 with the procedures set forth in that section: Provided fur11 ther, That not later than 60 days after the submission of 

12 the budget request, the Administrator of the Federal Avia13 tion Administration shall transmit to Congress an annual 

14 update to the report submitted to Congress in December 

15 2004 pursuant to section 221 of the Vision 100-Century 

16 of Aviation Reauthorization Act (49 U.S.C. 40101 note): 

17 Provided further, That the amounts made available under 

18 this heading shall be reduced by $100,000 for each day 

19 after 60 days after the submission of the budget request 

20 that such report has not been transmitted to Congress: 

21 Provided further, That not later than 60 days after the 

22 submission of the budget request, the Administrator shall 

23 transmit to Congress a companion report that describes 

24 a comprehensive strategy for staffing, hiring, and training 

25 flight standards and aircraft certification staff in a format 


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1 similar to the one utilized for the controller staffing plan, 

2 including stated attrition estimates and numerical hiring 

3 goals by fiscal year: Provided further, That the amounts 

4 made available under this heading shall be reduced by 

5 $100,000 for each day after the date that is 60 days after 

6 the submission of the budget request that such report has 

7 not been submitted to Congress: Provided further, That 

8 funds may be used to enter into a grant agreement with 

9 a nonprofit standard-setting organization to assist in the 

10 development of aviation safety standards: Provided fur11 ther, That none of the funds made available by this Act 

12 shall be available for new applicants for the second career 

13 training program: Provided further, That none of the 

14 funds in this Act shall be available for the Federal Avia15 tion Administration to finalize or implement any regula16 tion that would promulgate new aviation user fees not spe17 cifically authorized by law after the date of the enactment 

18 of this Act: Provided further, That there may be credited 

19 to this appropriation, as offsetting collections, funds re20 ceived from States, counties, municipalities, foreign au21 thorities, other public authorities, and private sources for 

22 expenses incurred in the provision of agency services, in23 cluding receipts for the maintenance and operation of air 

24 navigation facilities, and for issuance, renewal or modifica25 tion of certificates, including airman, aircraft, and repair 


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1 station certificates, or for tests related thereto, or for proc2 essing major repair or alteration forms: Provided further, 

3 That of the amounts made available under this heading, 

4 not less than $172,800,000 shall be used to fund direct 

5 operations of the current air traffic control towers in the 

6 contract tower program, including the contract tower cost 

7 share program, and any airport that is currently qualified 

8 or that will qualify for the program during the fiscal year: 

9 Provided further, That none of the funds made available 

10 by this Act for aeronautical charting and cartography are 

11 available for activities conducted by, or coordinated 

12 through, the Working Capital Fund: Provided further, 

13 That none of the funds appropriated or otherwise made 

14 available by this Act or any other Act may be used to 

15 eliminate the Contract Weather Observers program at any 

16 airport. 

17 FACILITIES AND EQUIPMENT

18 For necessary expenses, not otherwise provided for, 

19 for acquisition, establishment, technical support services, 

20 improvement by contract or purchase, and hire of national 

21 airspace systems and experimental facilities and equip22 ment, as authorized under part A of subtitle VII of title 

23 49, United States Code, including initial acquisition of 

24 necessary sites by lease or grant; engineering and service 

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1 sition of necessary sites by lease or grant; construction 

2 and furnishing of quarters and related accommodations 

3 for officers and employees of the Federal Aviation Admin4 istration stationed at remote localities where such accom5 modations are not available; and the purchase, lease, or 

6 transfer of aircraft from funds made available under this 

7 heading, including aircraft for aviation regulation and cer8 tification; to be derived from the general fund, 

9 $3,045,000,000, of which $550,000,000 shall remain 

10 available until September 30, 2022, and $2,495,000,000 

11 shall remain available until September 30, 2023: Provided, 

12 That there may be credited to this appropriation funds 

13 received from States, counties, municipalities, other public 

14 authorities, and private sources, for expenses incurred in 

15 the establishment, improvement, and modernization of na16 tional airspace systems: Provided further, That not later 

17 than 60 days after submission of the budget request, the 

18 Secretary of Transportation shall transmit to Congress an 

19 investment plan for the Federal Aviation Administration 

20 which includes funding for each budget line item for fiscal 

21 years 2022 through 2026, with total funding for each year 

22 of the plan constrained to the funding targets for those 

23 years as estimated and approved by the Office of Manage24 ment and Budget. 


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1 RESEARCH, ENGINEERING, AND DEVELOPMENT

2 For necessary expenses, not otherwise provided for, 

3 for research, engineering, and development, as authorized 

4 under part A of subtitle VII of title 49, United States 

5 Code, including construction of experimental facilities and 

6 acquisition of necessary sites by lease or grant, 

7 $192,665,000, to be derived from the general fund and 

8 to remain available until September 30, 2023: Provided, 

9 That there may be credited to this appropriation as offset10 ting collections, funds received from States, counties, mu11 nicipalities, other public authorities, and private sources, 

12 which shall be available for expenses incurred for research, 

13 engineering, and development: Provided further, That 

14 amounts made available under this heading shall be used 

15 in accordance with the report accompanying this Act: Pro16 vided further, That not to exceed 10 percent of any fund17 ing level specified under this heading in the report accom18 panying this Act may be transferred to any other funding 

19 level specified under this heading in the report accom20 panying this Act: Provided further, That no transfer may 

21 increase or decrease any funding level by more than 10 

22 percent: Provided further, That any transfer in excess of 

23 10 percent shall be treated as a reprogramming of funds 

24 under section 405 of this Act and shall not be available 


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1 for obligation or expenditure except in compliance with the 

2 procedures set forth in that section. 

3 GRANTS-IN-AID FOR AIRPORTS

4 (LIQUIDATION OF CONTRACT AUTHORIZATION)

5 (LIMITATION ON OBLIGATIONS)

6 (AIRPORT AND AIRWAY TRUST FUND)

7 (INCLUDING TRANSFER OF FUNDS)

8 For liquidation of obligations incurred for grants-in9 aid for airport planning and development, and noise com10 patibility planning and programs as authorized under sub11 chapter I of chapter 471 and subchapter I of chapter 475 

12 of title 49, United States Code, and under other law au13 thorizing such obligations; for procurement, installation, 

14 and commissioning of runway incursion prevention devices 

15 and systems at airports of such title; for grants authorized 

16 under section 41743 of title 49, United States Code; and 

17 for inspection activities and administration of airport safe18 ty programs, including those related to airport operating 

19 certificates under section 44706 of title 49, United States 

20 Code, $3,350,000,000, to be derived from the Airport and 

21 Airway Trust Fund and to remain available until ex22 pended: Provided, That none of the amounts made avail23 able under this heading shall be available for the planning 

24 or execution of programs the obligations for which are in 

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1 standing section 47117(g) of title 49, United States Code: 

2 Provided further, That none of the amounts made available 

3 under this heading shall be available for the replacement 

4 of baggage conveyor systems, reconfiguration of terminal 

5 baggage areas, or other airport improvements that are 

6 necessary to install bulk explosive detection systems: Pro7 vided further, That notwithstanding section 47109(a) of 

8 title 49, United States Code, the Government’s share of 

9 allowable project costs under paragraph (2) of such sec10 tion for subgrants or paragraph (3) of such section shall 

11 be 95 percent for a project at other than a large or me12 dium hub airport that is a successive phase of a multi13 phased construction project for which the project sponsor 

14 received a grant in fiscal year 2011 for the construction 

15 project: Provided further, That notwithstanding any other 

16 provision of law, of amounts limited under this heading, 

17 not more than $119,402,000 shall be available for admin18 istration, not less than $15,000,000 shall be available for 

19 the Airport Cooperative Research Program, not less than 

20 $40,666,000 shall be available for Airport Technology Re21 search, and $10,000,000, to remain available until ex22 pended, shall be available and transferred to ‘‘Office of 

23 the Secretary, Salaries and Expenses’’ to carry out the 

24 Small Community Air Service Development Program: Pro25 vided further, That in addition to airports eligible under 


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1 section 41743 of title 49, United States Code, such pro2 gram may include the participation of an airport that 

3 serves a community or consortium that is not larger than 

4 a small hub airport, according to FAA hub classifications 

5 effective at the time the Office of the Secretary issues a 

6 request for proposals. 

7 GRANTS-IN-AID FOR AIRPORTS

8 For an additional amount for ‘‘Grants-In-Aid for Air9 ports’’, to enable the Secretary of Transportation to make 

10 grants for projects as authorized by subchapter 1 of chap11 ter 471 and subchapter 1 of chapter 475 of title 49, 

12 United States Code, $500,000,000, to remain available 

13 through September 30, 2023: Provided, That amounts 

14 made available under this heading shall be derived from 

15 the general fund, and such amounts shall not be subject 

16 to apportionment formulas, special apportionment cat17 egories, or minimum percentages under chapter 471 of 

18 title 49, United States Code: Provided further, That the 

19 Secretary shall distribute amounts made available under 

20 this heading as discretionary grants to airports: Provided 

21 further, That the amounts made available under this head22 ing shall not be subject to any limitation on obligations 

23 for the Grants-in-Aid for Airports program set forth in 

24 any Act: Provided further, That the Administrator of the 

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1 cent of the amounts made available under this heading 

2 to fund the award and oversight by the Administrator of 

3 grants described under this heading. 

4 ADMINISTRATIVE PROVISIONS—FEDERAL AVIATION

5 ADMINISTRATION

6 SEC. 110. None of the funds made available by this 

7 Act may be used to compensate in excess of 600 technical 

8 staff-years under the federally funded research and devel9 opment center contract between the Federal Aviation Ad10 ministration and the Center for Advanced Aviation Sys11 tems Development during fiscal year 2021. 

12 SEC. 111. None of the funds made available by this 

13 Act shall be used to pursue or adopt guidelines or regula14 tions requiring airport sponsors to provide to the Federal 

15 Aviation Administration without cost building construc16 tion, maintenance, utilities and expenses, or space in air17 port sponsor-owned buildings for services relating to air 

18 traffic control, air navigation, or weather reporting: Pro19 vided, That the prohibition on the use of funds in this 

20 section does not apply to negotiations between the agency 

21 and airport sponsors to achieve agreement on ‘‘below-mar22 ket’’ rates for these items or to grant assurances that re23 quire airport sponsors to provide land without cost to the 

24 Federal Aviation Administration for air traffic control fa25 cilities. 


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1 SEC. 112. The Administrator of the Federal Aviation 

2 Administration may reimburse amounts made available to 

3 satisfy section 41742(a)(1) of title 49, United States 

4 Code, from fees credited under section 45303 of title 49, 

5 United States Code, and any amount remaining in such 

6 account at the close of any fiscal year may be made avail7 able to satisfy section 41742(a)(1) of title 49, United 

8 States Code, for the subsequent fiscal year. 

9 SEC. 113. Amounts collected under section 40113(e) 

10 of title 49, United States Code, shall be credited to the 

11 appropriation current at the time of collection, to be 

12 merged with and available for the same purposes as such 

13 appropriation. 

14 SEC. 114. None of the funds made available by this 

15 Act shall be available for paying premium pay under sub16 section 5546(a) of title 5, United States Code, to any Fed17 eral Aviation Administration employee unless such em18 ployee actually performed work during the time cor19 responding to such premium pay. 

20 SEC. 115. None of the funds made available by this 

21 Act may be obligated or expended for an employee of the 

22 Federal Aviation Administration to purchase a store gift 

23 card or gift certificate through use of a Government-issued 

24 credit card. 


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1 SEC. 116. None of the funds made available by this 

2 Act may be obligated or expended for retention bonuses 

3 for an employee of the Federal Aviation Administration 

4 without the prior written approval of the Assistant Sec5 retary for Administration of the Department of Transpor6 tation. 

7 SEC. 117. Notwithstanding any other provision of 

8 law, none of the funds made available by this Act or any 

9 prior Act may be used to implement or to continue to im10 plement any limitation on the ability of any owner or oper11 ator of a private aircraft to obtain, upon a request to the 

12 Administrator of the Federal Aviation Administration, a 

13 blocking of that owner’s or operator’s aircraft registration 

14 number from any display of the Federal Aviation Adminis15 tration’s Aircraft Situational Display to Industry data 

16 that is made available to the public, except data made 

17 available to a Government agency, for the noncommercial 

18 flights of that owner or operator. 

19 SEC. 118. None of the funds made available by this 

20 Act shall be available for salaries and expenses of more 

21 than 9 political and Presidential appointees in the Federal 

22 Aviation Administration. 

23 SEC. 119. None of the funds made available by this 

24 Act may be used to increase fees pursuant to section 

25 44721 of title 49, United States Code, until the Federal 


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•HR 7616 RH

1 Aviation Administration provides to the House and Senate 

2 Committees on Appropriations a report that justifies all 

3 fees related to aeronautical navigation products and ex4 plains how such fees are consistent with Executive Order 

5 13642. 

6 SEC. 119A. None of the funds made available by this 

7 Act may be used to close a regional operations center of 

8 the Federal Aviation Administration or reduce its services 

9 unless the Administrator notifies the House and Senate 

10 Committees on Appropriations not less than 90 full busi11 ness days in advance. 

12 SEC. 119B. None of the funds made available by or 

13 limited by this Act may be used to change weight restric14 tions or prior permission rules at Teterboro airport in 

15 Teterboro, New Jersey. 

16 SEC. 119C. None of the funds made available by this 

17 Act may be used by the Administrator of the Federal Avia18 tion Administration to withhold from consideration and 

19 approval any new application for participation in the Con20 tract Tower Program, or for reevaluation of Cost-share 

21 Program participants so long as the Federal Aviation Ad22 ministration has received an application from the airport, 

23 and so long as the Administrator determines such tower 

24 is eligible using the factors set forth in Federal Aviation 

25 Administration published establishment criteria. 


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1 SEC. 119D. None of the funds made available by this 

2 Act may be used to open, close, redesignate as a lesser 

3 office, or reorganize a regional office, the aeronautical cen4 ter, or the technical center unless the Administrator sub5 mits a request for the reprogramming of funds under sec6 tion 405 of this Act. 

7 FEDERAL HIGHWAY ADMINISTRATION

8 LIMITATION ON ADMINISTRATIVE EXPENSES

9 (HIGHWAY TRUST FUND)

10 (INCLUDING TRANSFER OF FUNDS)

11 Not to exceed $478,897,049, together with advances 

12 and reimbursements received by the Federal Highway Ad13 ministration, shall be obligated for necessary expenses for 

14 administration and operation of the Federal Highway Ad15 ministration: Provided, That up to $3,248,000 shall be 

16 transferred to the Appalachian Regional Commission in 

17 accordance with section 104(a) of title 23, United States 

18 Code. 

19 FEDERAL-AID HIGHWAYS

20 (LIMITATION ON OBLIGATIONS)

21 (HIGHWAY TRUST FUND)

22 Funds available for the implementation or execution 

23 of Federal-aid highway and highway safety construction 

24 programs authorized under titles 23 and 49, United States 

25 Code, and the provisions of the Fixing America’s Surface 


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•HR 7616 RH

1 Transportation Act (Public Law 114-94), or any successor 

2 surface transportation reauthorization Act authorizing ap3 propriations for fiscal year 2021, shall not exceed total 

4 obligations of $61,130,000,000 for fiscal year 2021: Pro5 vided, That the Secretary may collect and spend fees, as 

6 authorized by title 23, United States Code, to cover the 

7 costs of services of expert firms, including counsel, in the 

8 field of municipal and project finance to assist in the un9 derwriting and servicing of Federal credit instruments and 

10 all or a portion of the costs to the Federal Government 

11 of servicing such credit instruments: Provided further, 

12 That such fees are available until expended to pay for such 

13 costs: Provided further, That such fees are in addition to 

14 administrative expenses that are also available for such 

15 purpose, and are not subject to any obligation limitation 

16 or the limitation on administrative expenses under section 

17 608 of title 23, United States Code: Provided further, That 

18 for amounts subject to the obligation limitation under this 

19 heading during fiscal year 2021, the Federal share of ac20 tivities undertaken pursuant to chapters 1 or 2 of title 

21 23, United States Code shall be, at the option of the State, 

22 District of Columbia, territory, Puerto Rico, or Indian 

23 Tribe, as applicable, up to 100 percent: Provided further, 

24 That the preceding proviso does not apply to programs 


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1 authorized under sections 115 and 117 of title 23, United 

2 States Code. 

3 (LIQUIDATION OF CONTRACT AUTHORIZATION)

4 (HIGHWAY TRUST FUND)

5 For the payment of obligations incurred in carrying 

6 out Federal-aid highway and highway safety construction 

7 programs authorized under title 23, United States Code, 

8 $61,869,000,000 derived from the Highway Trust Fund 

9 (other than the Mass Transit Account), to remain avail10 able until expended. 

11 HIGHWAY INFRASTRUCTURE PROGRAMS

12 There is hereby appropriated to the Secretary of 

13 Transportation $1,000,000,000: Provided, That the funds 

14 made available under this heading shall be derived from 

15 the general fund, shall be in addition to any funds pro16 vided for fiscal year 2021 in this Act or any other Act 

17 for: (1) ‘‘Federal-aid Highways’’ under chapter 1 of title 

18 23, United States Code; or (2) the Appalachian Develop19 ment Highway System as authorized under section 

20 1069(y) of the Intermodal Surface Transportation Effi21 ciency Act (Public Law 102–240), and shall not affect the 

22 distribution or amount of funds provided in any other Act: 

23 Provided further, That section 1101(b) of the FAST Act 

24 (Public Law 114-94) shall apply to funds made available 

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1 wise specified, amounts made available under this heading 

2 shall be available until September 30, 2024: Provided fur3 ther, That of the funds made available under this head4 ing— 

5 (1) $632,220,000 shall be for activities under 

6 section 133(b) of title 23, United States Code, and 

7 to provide necessary charging infrastructure along 

8 corridor-ready or corridor-pending alternative fuel 

9 corridors designated pursuant to section 151 of title 

10 23, United States Code; 

11 (2) $100,000,000 shall be for necessary ex12 penses for construction of the Appalachian Develop13 ment Highway System as authorized under section 

14 1069(y) of the Intermodal Transportation Efficiency 

15 Act of 1991 (Public Law 102–240); 

16 (3) $3,150,000 shall be for activities eligible 

17 under the Puerto Rico Highway Program as de18 scribed in section 165(b)(2)(C) of title 23, United 

19 States Code; 

20 (4) $630,000 shall be for activities eligible 

21 under the Territorial Highway Program, as de22 scribed in section 165(c)(6) of title 23, United 

23 States Code; 


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1 (5) $150,000,000 shall be for the nationally 

2 significant Federal lands and tribal projects program 

3 under section 1123 of the FAST Act; 

4 (6) $50,000,000 shall be for competitive grants 

5 for activities described in section 130(a) of title 23, 

6 United States Code; 

7 (7) $30,000,000 shall be for the Tribal Trans8 portation program as authorized under section 202 

9 of title 23, United States Code; 

10 (8) $15,000,000 shall be for grants for Ad11 vanced Digital Construction Management Systems; 

12 (9) $12,000,000 shall be for the Regional Infra13 structure Accelerator Demonstration Program au14 thorized under section 1441 of the FAST Act; 

15 (10) $5,000,000 shall be for a National Road 

16 Network Pilot Program for the Federal Highway 

17 Administration to create a national level, geo-spatial 

18 dataset that uses data already collected under the 

19 Highway Performance Monitoring System; and 

20 (11) $2,000,000 shall be for research that leads 

21 to decreases in highway and pedestrian fatalities 

22 among Tribal populations: 

23 Provided further, That for the purposes of funds made 

24 available under paragraph (1) of the fourth proviso, the 

25 term ‘‘State’’ means any of the 50 States or the District 


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•HR 7616 RH

1 of Columbia: Provided further, That the funds made avail2 able under paragraph (1) shall be sub-allocated in the 

3 manner described in section 133(d) of title 23, United 

4 States Code, except that the set-aside described in section 

5 133(h) of such title shall not apply to funds made avail6 able under this heading: Provided further, That the funds 

7 made available under paragraph (1) shall be administered 

8 as if apportioned under chapter 1 of such title and shall 

9 be apportioned to the States in the same ratio as the obli10 gation limitation for fiscal year 2021 is distributed among 

11 the States in section 120(a)(5) of this Act: Provided fur12 ther, That for amounts made available under paragraphs 

13 (1), (2), (3), (4), (6), and (7), the Federal share of the 

14 costs shall be, at the option of the recipient, up to 100 

15 percent: Provided further, That except as provided in the 

16 following proviso, the funds made available under this 

17 heading for activities eligible under the Puerto Rico High18 way Program and activities eligible under the Territorial 

19 Highway Program shall be administered as if allocated 

20 under sections 165(b) and 165(c), respectively, of title 23, 

21 United States Code: Provided further, That the funds 

22 made available under this heading for activities eligible 

23 under the Puerto Rico Highway Program shall not be sub24 ject to the requirements of sections 165(b)(2)(A) or 

25 165(b)(2)(B) of such title: Provided further, That the 


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•HR 7616 RH

1 funds made available for the Tribal Transportation Pro2 gram shall be sub-allocated in the manner described in 

3 section 202(b)(3)(A)(i)(IV) of such title, except that the 

4 set-asides described in subparagraph (C) of section 

5 202(b)(3) of such title and subsections (a)(6), (c), (d), and 

6 (e) of section 202 of such title shall not apply to funds 

7 made available under this heading: Provided further, That 

8 the funds made available under this heading, in paragraph 

9 (6) of the fourth proviso, shall be available for projects 

10 eligible under section 130(a) of such title, for commuter 

11 authorities, as defined in section 24102(2) of title 49, 

12 United States Code, that experienced at least one accident 

13 investigated by the National Transportation Safety Board 

14 between January 1, 2008 and December 31, 2018 and for 

15 which the National Transportation Safety Board issued 

16 an accident report: Provided further, That for the purposes 

17 of funds made available under this heading for construc18 tion of the Appalachian Development Highway System 

19 (ADHS), the term ‘‘Appalachian State’’ means a State 

20 that contains one or more counties (including any political 

21 subdivision located within the area) in the Appalachian re22 gion as defined in section 14102(a) of title 40, United 

23 States Code: Provided further, That funds made available 

24 under this heading for construction of the ADHS shall re25 main available until expended: Provided further, That a 


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1 project carried out with funds made available under this 

2 heading for construction of the ADHS shall be carried out 

3 in the same manner as a project under section 14501 of 

4 title 40, United States Code: Provided further, That sub5 ject to the following proviso, funds made available under 

6 this heading for construction of the ADHS shall be appor7 tioned to Appalachian States according to the percentages 

8 derived from the 2012 Appalachian Development Highway 

9 System Cost to Complete Estimate adopted in Appa10 lachian Regional Commission Resolution Number 736, 

11 and confirmed as each Appalachian State’s relative share 

12 of the estimated remaining need to complete the ADHS, 

13 adjusted to exclude corridors that such States have no cur14 rent plans to complete, as reported in the 2013 Appa15 lachian Development Highway System Completion Report, 

16 unless such States have modified and assigned a higher 

17 priority for completion of an ADHS corridor, as reported 

18 in the 2020 ADHS Future Outlook: Provided further, 

19 That the Secretary shall adjust apportionments made 

20 under the preceding proviso so that no Appalachian State 

21 shall be apportioned an amount in excess of 25 percent 

22 of the amount made available for construction of the Ap23 palachian Development Highway System under this head24 ing: Provided further, That the Secretary shall consult 


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1 with the Appalachian Regional Commission in making ad2 justments under the preceding two provisos. 

3 ADMINISTRATIVE PROVISIONS—FEDERAL HIGHWAY

4 ADMINISTRATION

5 SEC. 120. (a) For fiscal year 2021, the Secretary of 

6 Transportation shall— 

7 (1) not distribute from the obligation limitation 

8 for Federal-aid highways— 

9 (A) amounts authorized for administrative 

10 expenses and programs by section 104(a) of 

11 title 23, United States Code; 

12 (B) amounts authorized for the Bureau of 

13 Transportation Statistics; and 

14 (C) amounts authorized as special one-year 

15 funding under any successor surface transpor16 tation reauthorization Act authorizing appro17 priations for fiscal year 2021; 

18 (2) not distribute an amount from the obliga19 tion limitation for Federal-aid highways that is equal 

20 to the unobligated balance of amounts— 

21 (A) made available from the Highway 

22 Trust Fund (other than the Mass Transit Ac23 count) for Federal-aid highway and highway 

24 safety construction programs for previous fiscal 

25 years the funds for which are allocated by the 


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1 Secretary (or apportioned by the Secretary 

2 under sections 202 or 204 of title 23, United 

3 States Code); and 

4 (B) for which obligation limitation was 

5 provided in a previous fiscal year; 

6 (3) determine the proportion that— 

7 (A) the obligation limitation for Federal8 aid highways, less the aggregate of amounts not 

9 distributed under paragraphs (1) and (2) of 

10 this subsection; bears to 

11 (B) the total of the sums authorized to be 

12 appropriated for the Federal-aid highway and 

13 highway safety construction programs (other 

14 than sums authorized to be appropriated for 

15 provisions of law described in paragraphs (1) 

16 through (11) of subsection (b) and sums au17 thorized to be appropriated for section 119 of 

18 title 23, United States Code, equal to the 

19 amount referred to in subsection (b)(12) for 

20 such fiscal year), less the aggregate of the 

21 amounts not distributed under paragraphs (1) 

22 and (2) of this subsection; 

23 (4) distribute the obligation limitation for Fed24 eral-aid highways, less the aggregate amounts not 

25 distributed under paragraphs (1) and (2), for each 


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•HR 7616 RH

1 of the programs (other than programs to which 

2 paragraph (1) applies) that are allocated by the Sec3 retary under the Fixing America’s Surface Trans4 portation Act and title 23, United States Code, or 

5 apportioned by the Secretary under sections 202 or 

6 204 of that title, by multiplying— 

7 (A) the proportion determined under para8 graph (3); by 

9 (B) the amounts authorized to be appro10 priated for each such program for such fiscal 

11 year; and 

12 (5) distribute the obligation limitation for Fed13 eral-aid highways, less the aggregate amounts not 

14 distributed under paragraphs (1) and (2) and the 

15 amounts distributed under paragraph (4), for Fed16 eral-aid highway and highway safety construction 

17 programs that are apportioned by the Secretary 

18 under title 23, United States Code (other than the 

19 amounts apportioned for the National Highway Per20 formance Program in section 119 of title 23, United 

21 States Code, that are exempt from the limitation 

22 under subsection (b)(12) and the amounts appor23 tioned under sections 202 and 204 of that title) in 

24 the proportion that— 


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1 (A) amounts authorized to be appropriated 

2 for the programs that are apportioned under 

3 title 23, United States Code, to each State for 

4 such fiscal year; bears to 

5 (B) the total of the amounts authorized to 

6 be appropriated for the programs that are ap7 portioned under title 23, United States Code, to 

8 all States for such fiscal year. 

9 (b) EXCEPTIONS FROM OBLIGATION LIMITATION.— 

10 The obligation limitation for Federal-aid highways shall 

11 not apply to obligations under or for— 

12 (1) section 125 of title 23, United States Code; 

13 (2) section 147 of the Surface Transportation 

14 Assistance Act of 1978 (23 U.S.C. 144 note; 92 

15 Stat. 2714); 

16 (3) section 9 of the Federal-Aid Highway Act 

17 of 1981 (95 Stat. 1701); 

18 (4) subsections (b) and (j) of section 131 of the 

19 Surface Transportation Assistance Act of 1982 (96 

20 Stat. 2119); 

21 (5) subsections (b) and (c) of section 149 of the 

22 Surface Transportation and Uniform Relocation As23 sistance Act of 1987 (101 Stat. 198); 


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1 (6) sections 1103 through 1108 of the Inter2 modal Surface Transportation Efficiency Act of 

3 1991 (105 Stat. 2027); 

4 (7) section 157 of title 23, United States Code 

5 (as in effect on June 8, 1998); 

6 (8) section 105 of title 23, United States Code 

7 (as in effect for fiscal years 1998 through 2004, but 

8 only in an amount equal to $639,000,000 for each 

9 of those fiscal years); 

10 (9) Federal-aid highway programs for which ob11 ligation authority was made available under the 

12 Transportation Equity Act for the 21st Century 

13 (112 Stat. 107) or subsequent Acts for multiple 

14 years or to remain available until expended, but only 

15 to the extent that the obligation authority has not 

16 lapsed or been used; 

17 (10) section 105 of title 23, United States Code 

18 (as in effect for fiscal years 2005 through 2012, but 

19 only in an amount equal to $639,000,000 for each 

20 of those fiscal years); 

21 (11) section 1603 of SAFETEA–LU (23 

22 U.S.C. 118 note; 119 Stat. 1248), to the extent that 

23 funds obligated in accordance with that section were 

24 not subject to a limitation on obligations at the time 


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1 at which the funds were initially made available for 

2 obligation; and 

3 (12) section 119 of title 23, United States Code 

4 (but, for each of fiscal years 2013 through 2021, 

5 only in an amount equal to $639,000,000). 

6 (c) REDISTRIBUTION OF UNUSED OBLIGATION AU7 THORITY.—Notwithstanding subsection (a), the Secretary 

8 shall, after August 1 of such fiscal year— 

9 (1) revise a distribution of the obligation limita10 tion made available under subsection (a), (except for 

11 the obligation limitation made available under sec12 tion (a)(1)(C)), if an amount distributed cannot be 

13 obligated during that fiscal year; and 

14 (2) redistribute sufficient amounts to those 

15 States able to obligate amounts in addition to those 

16 previously distributed during that fiscal year, giving 

17 priority to those States having large unobligated bal18 ances of funds apportioned under sections 144 (as in 

19 effect on the day before the date of enactment of 

20 Public Law 112–141) and 104 of title 23, United 

21 States Code. 

22 (d) APPLICABILITY OF OBLIGATION LIMITATIONS TO

23 TRANSPORTATION RESEARCH PROGRAMS.— 

24 (1) IN GENERAL.—Except as provided in para25 graph (2), the obligation limitation for Federal-aid 


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1 highways shall apply to contract authority for trans2 portation research programs carried out under— 

3 (A) chapter 5 of title 23, United States 

4 Code; and 

5 (B) title VI of the Fixing America’s Sur6 face Transportation Act. 

7 (2) EXCEPTION.—Obligation authority made 

8 available under paragraph (1) shall— 

9 (A) remain available for a period of 4 fis10 cal years; and 

11 (B) be in addition to the amount of any 

12 limitation imposed on obligations for Federal13 aid highway and highway safety construction 

14 programs for future fiscal years. 

15 (e) REDISTRIBUTION OF CERTAIN AUTHORIZED

16 FUNDS.— 

17 (1) IN GENERAL.—Not later than 30 days after 

18 the date of distribution of obligation limitation 

19 under subsection (a), the Secretary shall distribute 

20 to the States any funds (excluding funds authorized 

21 for the program under section 202 of title 23, 

22 United States Code) that— 

23 (A) are authorized to be appropriated for 

24 such fiscal year for Federal-aid highway pro25 grams; and 


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1 (B) the Secretary determines will not be 

2 allocated to the States (or will not be appor3 tioned to the States under section 204 of title 

4 23, United States Code), and will not be avail5 able for obligation, for such fiscal year because 

6 of the imposition of any obligation limitation for 

7 such fiscal year. 

8 (2) RATIO.—Funds shall be distributed under 

9 paragraph (1) in the same proportion as the dis10 tribution of obligation authority under subsection 

11 (a)(5). 

12 (3) AVAILABILITY.—Funds distributed to each 

13 State under paragraph (1) shall be available for any 

14 purpose described in section 133(b) of title 23, 

15 United States Code. 

16 SEC. 121. Notwithstanding 31 U.S.C. 3302, funds re17 ceived by the Bureau of Transportation Statistics from the 

18 sale of data products, for necessary expenses incurred pur19 suant to chapter 63 of title 49, United States Code, may 

20 be credited to the Federal-aid highways account for the 

21 purpose of reimbursing the Bureau for such expenses: 

22 Provided, That such funds shall be subject to the obliga23 tion limitation for Federal-aid highway and highway safety 

24 construction programs. 


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1 SEC. 122. Not less than 15 days prior to waiving, 

2 under his or her statutory authority, any Buy America re3 quirement for Federal-aid highways projects, the Sec4 retary of Transportation shall make an informal public no5 tice and comment opportunity on the intent to issue such 

6 waiver and the reasons therefor: Provided, That the Sec7 retary shall provide an annual report to the House and 

8 Senate Committees on Appropriations on any waivers 

9 granted under the Buy America requirements. 

10 SEC. 123. None of the funds made available in this 

11 Act to the Department of Transportation may be used to 

12 provide credit assistance unless not less than 3 days before 

13 any application approval to provide credit assistance under 

14 sections 603 and 604 of title 23, United States Code, the 

15 Secretary of Transportation provides notification in writ16 ing to the following committees: the House and Senate 

17 Committees on Appropriations; the Committee on Envi18 ronment and Public Works and the Committee on Bank19 ing, Housing and Urban Affairs of the Senate; and the 

20 Committee on Transportation and Infrastructure of the 

21 House of Representatives: Provided, That such notifica22 tion shall include, but not be limited to, the name of the 

23 project sponsor; a description of the project; whether cred24 it assistance will be provided as a direct loan, loan guarVerDate Sep 11 2014 19:17 Jul 16, 2020 Jkt 099200 PO 00000 Frm 00051 Fmt 6652 Sfmt 6201 E:\BILLS\H7616.RH H7616

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1 antee, or line of credit; and the amount of credit assist2 ance. 

3 SEC. 124. None of the funds made available in this 

4 Act may be used to make a grant for a project under sec5 tion 117 of title 23, United States Code, unless the Sec6 retary, at least 60 days before making a grant under that 

7 section, provides written notification to the House and 

8 Senate Committees on Appropriations of the proposed 

9 grant, including an evaluation and justification for the 

10 project and the amount of the proposed grant award: Pro11 vided, That the written notification required in the pre12 ceding proviso shall be made not later than 180 days after 

13 the date of enactment of this Act. 

14 SEC. 125. (a) A State or territory, as defined in sec15 tion 165 of title 23, United States Code, may use for any 

16 project eligible under section 133(b) of title 23, United 

17 States Code, or section 165 of title 23, United States 

18 Code, and located within the boundary of the State or ter19 ritory any earmarked amount, and any associated obliga20 tion limitation: Provided, That the Department of Trans21 portation for the State or territory for which the ear22 marked amount was originally designated or directed noti23 fies the Secretary of Transportation of its intent to use 

24 its authority under this section and submits a quarterly 

25 report to the Secretary identifying the projects to which 


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1 the funding would be applied. Notwithstanding the origi2 nal period of availability of funds to be obligated under 

3 this section, such funds and associated obligation limita4 tion shall remain available for obligation for a period of 

5 3 fiscal years after the fiscal year in which the Secretary 

6 of Transportation is notified. The Federal share of the 

7 cost of a project carried out with funds made available 

8 under this section shall be the same as associated with 

9 the earmark. 

10 (b) In this section, the term ‘‘earmarked amount’’ 

11 means— 

12 (1) congressionally directed spending, as de13 fined in rule XLIV of the Standing Rules of the 

14 Senate, identified in a prior law, report, or joint ex15 planatory statement, which was authorized to be ap16 propriated or appropriated more than 10 fiscal years 

17 prior to the current fiscal year, and administered by 

18 the Federal Highway Administration; or 

19 (2) a congressional earmark, as defined in rule 

20 XXI of the Rules of the House of Representatives, 

21 identified in a prior law, report, or joint explanatory 

22 statement, which was authorized to be appropriated 

23 or appropriated more than 10 fiscal years prior to 

24 the current fiscal year, and administered by the Fed25 eral Highway Administration. 


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1 (c) The authority under subsection (a) may be exer2 cised only for those projects or activities that have obli3 gated less than 10 percent of the amount made available 

4 for obligation as of October 1 of the current fiscal year, 

5 and shall be applied to projects within the same general 

6 geographic area within 5 miles for which the funding was 

7 designated, except that a State or territory may apply 

8 such authority to unexpended balances of funds from 

9 projects or activities the State or territory certifies have 

10 been closed and for which payments have been made under 

11 a final voucher. 

12 (d) The Secretary shall submit consolidated reports 

13 of the information provided by the States and territories 

14 each quarter to the House and Senate Committees on Ap15 propriations. 

16 SEC. 126. Until final guidance is published, the Ad17 ministrator of the Federal Highway Administration shall 

18 adjudicate requests for Buy America waivers under the 

19 rules and regulations that were in effect prior to April 17, 

20 2017. The Administrator shall process such requests not 

21 later than 90 days after receipt of the request or such 

22 waivers will be granted automatically. 

23 SEC. 127. Amounts for which a limitation on obliga24 tions that otherwise would have expired at the end of fiscal 

25 year 2020 that has been extended through the end of fiscal 


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1 year 2021 shall not be subject to section 120(a)(2) of this 

2 Act. 

3 FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION

4 MOTOR CARRIER SAFETY OPERATIONS AND PROGRAMS

5 (LIQUIDATION OF CONTRACT AUTHORIZATION)

6 (LIMITATION ON OBLIGATIONS)

7 (HIGHWAY TRUST FUND)

8 For payment of obligations incurred in the implemen9 tation, execution, and administration of motor carrier 

10 safety operations and programs pursuant to section 31110 

11 of title 49, United States Code, as amended by the Fixing 

12 America’s Surface Transportation Act or any successor 

13 surface transportation reauthorization Act authorizing ap14 propriations for fiscal year 2021, $379,500,000, to be de15 rived from the Highway Trust Fund (other than the Mass 

16 Transit Account), together with advances and reimburse17 ments received by the Federal Motor Carrier Safety Ad18 ministration, the sum of which shall remain available until 

19 expended: Provided, That funds available for implementa20 tion, execution, or administration of motor carrier safety 

21 operations and programs authorized under title 49, United 

22 States Code, shall not exceed total obligations of 

23 $379,500,000 for ‘‘Motor Carrier Safety Operations and 

24 Programs’’ for fiscal year 2021, of which not less than 

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1 tember 30, 2023, is for the development, modernization, 

2 and enhancement of information technology and informa3 tion management systems and for the continuing oper4 ation of and maintenance of such systems: Provided fur5 ther, That not less than $13,073,000, to remain available 

6 for obligation until September 30, 2023, is for the re7 search and technology program, of which not less than 

8 $3,300,000 shall be available to begin the Large Truck 

9 Crash Causal Factors study: Provided further, That 

10 $20,000,000 for carrying out activities under this heading, 

11 including the modernization and maintenance of border fa12 cilities, is to remain available for obligation until Sep13 tember 30, 2025. 

14 MOTOR CARRIER SAFETY GRANTS

15 (LIQUIDATION OF CONTRACT AUTHORIZATION)

16 (LIMITATION ON OBLIGATIONS)

17 (HIGHWAY TRUST FUND)

18 For payment of obligations incurred in carrying out 

19 sections 31102, 31103, 31104, and 31313 of title 49, 

20 United States Code, as amended by the Fixing America’s 

21 Surface Transportation Act or any successor surface 

22 transportation reauthorization Act authorizing appropria23 tions for fiscal year 2021, $506,200,000 to be derived 

24 from the Highway Trust Fund (other than the Mass Tran25 sit Account) to remain available until expended: Provided, 


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1 That funds available for the implementation or execution 

2 of motor carrier safety programs shall not exceed total ob3 ligations of $506,200,000 in fiscal year 2021 for ‘‘Motor 

4 Carrier Safety Grants’’: Provided further, That of the 

5 sums appropriated under this heading— 

6 (1) $389,212,000 shall be available for the 

7 motor carrier safety assistance program; 

8 (2) $56,880,000 shall be available for the com9 mercial driver’s license program implementation pro10 gram; 

11 (3) $59,108,000 shall be available for the high 

12 priority activities program; and 

13 (4) $1,000,000 shall be made available for com14 mercial motor vehicle operators grants. 

15 ADMINISTRATIVE PROVISIONS—FEDERAL MOTOR

16 CARRIER SAFETY ADMINISTRATION

17 SEC. 130. The Federal Motor Carrier Safety Admin18 istration shall send notice of section 385.308 of title 49, 

19 Code of Federal Regulations, violations by certified mail, 

20 registered mail, or another manner of delivery, which 

21 records the receipt of the notice by the persons responsible 

22 for the violations. 

23 SEC. 131. The Federal Motor Carrier Safety Admin24 istration shall update annual inspection regulations under 

25 Appendix G to subchapter B of chapter III of title 49, 


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1 Code of Federal Regulations, as recommended by GAO– 

2 19–264. 

3 NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION

4 OPERATIONS AND RESEARCH

5 For expenses necessary to discharge the functions of 

6 the Secretary, with respect to traffic and highway safety 

7 authorized under chapter 301 and part C of subtitle VI 

8 of title 49, United States Code, $214,073,440, of which 

9 $40,000,000 shall remain available through September 

10 30, 2022. 

11 OPERATIONS AND RESEARCH

12 (LIQUIDATION OF CONTRACT AUTHORIZATION)

13 (LIMITATION ON OBLIGATIONS)

14 (HIGHWAY TRUST FUND)

15 For payment of obligations incurred in carrying out 

16 the provisions of section 403 of title 23, United States 

17 Code, including behavioral research on Automated Driving 

18 Systems and Advanced Driver Assistance Systems and im19 proving consumer responses to safety recalls, section 4011 

20 of the Fixing America’s Surface Transportation Act (Pub21 lic Law 114-94) or any successor surface transportation 

22 reauthorization Act authorizing appropriations for fiscal 

23 year 2021, and chapter 303 of title 49, United States 

24 Code, $170,612,000 to be derived from the Highway 

25 Trust Fund (other than the Mass Transit Account) and 


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1 to remain available until expended: Provided, That none 

2 of the funds made available by this Act shall be available 

3 for the planning or execution of programs the total obliga4 tions for which, in fiscal year 2021, are in excess of 

5 $170,612,000: Provided further, That of the funds appro6 priated under this heading— 

7 (1) $165,112,000 shall be for programs author8 ized under section 403 of title 23, United States 

9 Code, including behavioral research on Automated 

10 Driving Systems and Advanced Driver Assistance 

11 Systems and improving consumer responses to safety 

12 recalls, and section 4011 of the Fixing America’s 

13 Surface Transportation Act (Public Law 114-94); 

14 and 

15 (2) $5,500,000 shall be for the National Driver 

16 Register authorized under chapter 303 of title 49, 

17 United States Code: 

18 Provided further, That of the $170,612,000 obligation lim19 itation for operations and research, $20,000,000 shall re20 main available until September 30, 2022, and $3,000,000, 

21 for impaired driving detection, shall remain available until 

22 expended, and shall be in addition to the amount of any 

23 limitation imposed on obligations for future years: Pro24 vided further, That amounts for behavioral research on 

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1 ance Systems and improving consumer responses to safety 

2 recalls are in addition to any other funds provided for 

3 those purposes for fiscal year 2021 in this Act. 

4 HIGHWAY TRAFFIC SAFETY GRANTS

5 (LIQUIDATION OF CONTRACT AUTHORIZATION)

6 (LIMITATION ON OBLIGATIONS)

7 (HIGHWAY TRUST FUND)

8 For payment of obligations incurred in carrying out 

9 provisions of sections 402, 404, and 405 of title 23, 

10 United States Code, and section 4001(a)(6) of the Fixing 

11 America’s Surface Transportation Act, to remain available 

12 until expended, $855,488,000, to be derived from the 

13 Highway Trust Fund (other than the Mass Transit Ac14 count): Provided, That none of the funds made available 

15 by this Act shall be available for the planning or execution 

16 of programs for which the total obligations in fiscal year 

17 2021 are in excess of $855,488,000 for programs author18 ized under sections 402, 404, and 405 of title 23, United 

19 States Code, and section 4001(a)(6) of the Fixing Amer20 ica’s Surface Transportation Act: Provided further, That 

21 of the sums appropriated under this heading— 

22 (1) $384,800,000 shall be for ‘‘Highway Safety 

23 Programs’’ under section 402 of title 23, United 

24 States Code; 


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1 (2) $390,900,000 shall be for ‘‘National Pri2 ority Safety Programs’’ under section 405 of title 

3 23, United States Code; 

4 (3) $49,702,000 shall be for the ‘‘High Visi5 bility Enforcement Program’’ under section 404 of 

6 title 23, United States Code; and 

7 (4) $30,086,000 shall be for ‘‘Administrative 

8 Expenses’’ under section 4001(a)(6) of the Fixing 

9 America’s Surface Transportation Act: 

10 Provided further, That for amounts subject to the obliga11 tion limitation under this heading during fiscal year 2021, 

12 the Federal share of activities undertaken pursuant to 

13 chapter 4 of title 23, United States Code, shall be, at the 

14 option of the recipient, up to 100 percent: Provided fur15 ther, That none of the funds made available by this Act 

16 shall be used for construction, rehabilitation, or remod17 eling costs, or for office furnishings and fixtures for State, 

18 local, or private buildings or structures: Provided further, 

19 That not to exceed $500,000 of the funds made available 

20 for ‘National Priority Safety Programs’ under section 405 

21 of title 23, United States Code, for ‘Impaired Driving 

22 Countermeasures’ (as described in subsection (d) of that 

23 section) shall be available for technical assistance to the 

24 States: Provided further, That with respect to the ‘Trans25 fers’ provision under section 405(a)(8) of title 23, United 


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1 States Code, any amounts transferred to increase the 

2 amounts made available under section 402 shall include 

3 the obligation authority for such amounts: Provided fur4 ther, That the Administrator shall notify the House and 

5 Senate Committees on Appropriations of any exercise of 

6 the authority granted under the preceding proviso or 

7 under section 405(a)(8) of title 23, United States Code, 

8 not later than 5 days after exercising such authority. 

9 ADMINISTRATIVE PROVISIONS—NATIONAL HIGHWAY

10 TRAFFIC SAFETY ADMINISTRATION

11 SEC. 140. An additional $130,000 shall be made 

12 available to the National Highway Traffic Safety Adminis13 tration, out of the amount limited for section 402 of title 

14 23, United States Code, to pay for travel and related ex15 penses for State management reviews and to pay for core 

16 competency development training and related expenses for 

17 highway safety staff. 

18 SEC. 141. The limitations on obligations for the pro19 grams of the National Highway Traffic Safety Adminis20 tration set in this Act shall not apply to obligations for 

21 which obligation authority was made available in previous 

22 public laws but only to the extent that the obligation au23 thority has not lapsed or been used. 

24 SEC. 142. In addition to the amounts made available 

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1 tion of Contract Authorization) (Limitation on Obliga2 tions) (Highway Trust Fund)’’ for carrying out the provi3 sions of section 403 of title 23, United States Code, 

4 $17,000,000, to remain available until September 30, 

5 2022, shall be made available to the National Highway 

6 Traffic Safety Administration from the general fund: Pro7 vided, That of the sums provided under this provision— 

8 (1) not to exceed $7,000,000 shall be available 

9 to provide funding for grants, pilot program activi10 ties, and innovative solutions to reduce impaired11 driving fatalities in collaboration with eligible enti12 ties under section 403 of title 23, United States 

13 Code; and 

14 (2) not to exceed $10,000,000 shall be available 

15 to continue a high visibility enforcement paid-media 

16 campaign regarding highway-rail grade crossing 

17 safety in collaboration with the Federal Railroad Ad18 ministration. 

19 SEC. 143. None of the funds in this Act or any other 

20 Act shall be used to enforce the requirements of section 

21 405(a)(9) of title 23, United States Code. 


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1 FEDERAL RAILROAD ADMINISTRATION

2 SAFETY AND OPERATIONS

3 For necessary expenses of the Federal Railroad Ad4 ministration, not otherwise provided for, $236,134,000, of 

5 which $30,000,000 shall remain available until expended. 

6 RAILROAD RESEARCH AND DEVELOPMENT

7 For necessary expenses for railroad research and de8 velopment, $41,000,000, to remain available until ex9 pended. 

10 FEDERAL-STATE PARTNERSHIP FOR STATE OF GOOD

11 REPAIR

12 For necessary expenses related to Federal-State part13 nership for state of good repair grants as authorized by 

14 section 24911 of title 49, United States Code, 

15 $200,000,000, to remain available until expended: Pro16 vided, That the Secretary may withhold up to 2 percent 

17 of the amounts made available under this heading for the 

18 costs of award and project management oversight of 

19 grants carried out under section 24911 of title 49, United 

20 States Code: Provided further, That expenses incidental to 

21 the acquisition or construction (including designing, engi22 neering, location surveying, mapping, environmental stud23 ies, and acquiring rights-of-way) of a capital project as 

24 defined under section 24911(a)(2) of title 49, United 

25 States Code, are eligible for funding independently or in 


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1 conjunction with proposed funding for construction: Pro2 vided further, That section 24911(d)(1)(C) of title 49, 

3 United States Code, shall not apply to amounts made 

4 available under this heading: Provided further, That sec5 tion 24911(d)(1)(C) of title 49, United States Code, shall 

6 not apply to amounts made available under this heading 

7 in previous fiscal years if such funds are announced in 

8 a Notice of Funding Opportunity that includes funds 

9 made available under this heading: Provided further, That 

10 the Secretary shall issue the Notice of Funding Oppor11 tunity for amounts made available under this heading not 

12 later than 60 days after the date of enactment of this Act: 

13 Provided further, That the Secretary shall announce the 

14 selection of projects to receive awards for amounts made 

15 available under this heading not later than 240 days after 

16 the date of enactment of this Act. 

17 CONSOLIDATED RAIL INFRASTRUCTURE AND SAFETY

18 IMPROVEMENTS

19 (INCLUDING TRANSFER OF FUNDS)

20 For necessary expenses related to consolidated rail 

21 infrastructure and safety improvements grants, as author22 ized by section 22907 of title 49, United States Code, 

23 $500,000,000, to remain available until expended: Pro24 vided, That of the amounts made available under this 

25 heading— 


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1 (1) Not less than $60,000,000 shall be for 

2 projects eligible under section 22907(c)(5) of title 

3 49, United States Code; 

4 (2) Not less than $90,000,000 shall be for 

5 projects eligible under section 22907(c)(2) of title 

6 49, United States Code, that support the develop7 ment of new intercity passenger rail service routes 

8 including alignments for existing routes: Provided, 

9 That the Secretary shall give preference for pre-con10 struction elements including preliminary engineering 

11 and final design of such projects; and 

12 (3) Not less than $25,000,000 shall be for cap13 ital projects and engineering solutions targeting tres14 passing: Provided, That the Secretary shall give 

15 preference for such projects that are located in coun16 ties with the most pedestrian trespasser casualties as 

17 identified in the Federal Railroad Administration’s 

18 National Strategy to Prevent Trespassing on Rail19 road Property: 

20 Provided further, That section 22905(f) of title 49, United 

21 States Code, shall not apply to projects for the implemen22 tation of positive train control systems otherwise eligible 

23 under section 22907(c)(1) of title 49, United States Code: 

24 Provided further, That amounts made available under this 

25 heading for projects selected for commuter rail passenger 


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1 transportation may be transferred by the Secretary, after 

2 selection, to the appropriate agencies to be administered 

3 in accordance with chapter 53 of title 49, United States 

4 Code: Provided further, That the Secretary shall not limit 

5 eligible projects from consideration for funding for plan6 ning, engineering, environmental, construction, and design 

7 elements of the same project in the same application: Pro8 vided further, That for amounts made available under this 

9 heading eligible recipients under section 22907(b) of title 

10 49, United States Code, shall include any non-profit asso11 ciation representing Class II railroads or Class III rail12 roads (as such terms are defined in section 20102 of title 

13 49, United States Code) or rail carriers that provide inter14 city rail passenger transportation (as defined in section 

15 24102 of title 49, United States Code) and any holding 

16 company of a Class II railroad or Class III railroad (as 

17 such terms are defined in section 20102 of title 49, United 

18 States Code): Provided further, That section 

19 22907(e)(1)(A) of title 49, United States Code, shall not 

20 apply to amounts made available under this heading: Pro21 vided further, That section 22907(e)(1)(A) of title 49, 

22 United States Code, shall not apply to amounts made 

23 available under this heading in previous fiscal years if such 

24 funds are announced in a Notice of Funding Opportunity 

25 that includes funds made available under this heading: 


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1 Provided further, That unobligated balances remaining 

2 after 6 years from the date of enactment of this Act may 

3 be used for any eligible project under section 22907(c) of 

4 title 49, United States Code: Provided further, That the 

5 Secretary may withhold up to 2 percent of the amounts 

6 made available under this heading for the costs of award 

7 and project management oversight of grants carried out 

8 under section 22907 of title 49, United States Code: Pro9 vided further, That the Secretary shall issue the Notice 

10 of Funding Opportunity for amounts made available under 

11 this heading not later than 30 days after the date of enact12 ment of this Act: Provided further, That such Notice of 

13 Funding Opportunity shall require application submis14 sions 90 days after the publishing of such Notice: Provided 

15 further, That the Secretary shall announce the selection 

16 of projects to receive awards for amounts made available 

17 under this heading not later than 210 days after the date 

18 of enactment of this Act. 

19 MAGNETIC LEVITATION TECHNOLOGY DEPLOYMENT

20 PROGRAM

21 For necessary expenses related to the deployment of 

22 magnetic levitation transportation projects, consistent 

23 with language in subsections (a) through (c) of section 

24 1307 of SAFETEA-LU (Public Law 109–59), as amend25 ed by section 102 of the SAFETEA-LU Technical CorrecVerDate Sep 11 2014 19:17 Jul 16, 2020 Jkt 099200 PO 00000 Frm 00068 Fmt 6652 Sfmt 6201 E:\BILLS\H7616.RH H7616

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1 tions Act of 2008 (Public Law 110–244) (23 U.S.C. 322 

2 note), $5,000,000, to remain available until expended. 

3 NORTHEAST CORRIDOR GRANTS TO THE NATIONAL

4 RAILROAD PASSENGER CORPORATION

5 To enable the Secretary of Transportation to make 

6 grants to the National Railroad Passenger Corporation for 

7 activities associated with the Northeast Corridor as au8 thorized by section 11101(a) of the Fixing America’s Sur9 face Transportation Act (division A of Public Law 114– 

10 94), $750,000,000, to remain available until expended: 

11 Provided, That the Secretary may retain up to one half 

12 of 1 percent of the amounts made available under both 

13 this heading and the ‘‘National Network Grants to the Na14 tional Railroad Passenger Corporation’’ heading to fund 

15 the costs of project management and oversight of activities 

16 authorized by section 11101(c) of the Fixing America’s 

17 Surface Transportation Act (division A of Public Law 

18 114–94): Provided further, That in addition to the project 

19 management oversight funds authorized under section 

20 11101(c) of such Act, the Secretary may retain up to an 

21 additional $5,000,000 of the amounts made available 

22 under this heading to fund expenses associated with the 

23 Northeast Corridor Commission established under section 

24 24905 of title 49, United States Code: Provided further, 

25 That of the amounts made available under this heading, 


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1 not less than $200,000,000 shall be made available to ad2 vance capital projects, including rehabilitation and up3 grade of railroad infrastructure, that increase reliability 

4 or expand passenger rail capacity on the Amtrak-owned 

5 portion of the Northeast Corridor (as defined in section 

6 24102(8) of title 49, United States Code) on which more 

7 than 380 trains traveled per day in fiscal year 2019: Pro8 vided further, That of the amounts made available under 

9 this heading and the ‘‘National Network Grants to the Na10 tional Railroad Passenger Corporation’’ heading, not less 

11 than $75,000,000 shall be made available to bring Am12 trak-served facilities and stations into compliance with the 

13 Americans with Disabilities Act of 1990 (42 U.S.C. 2101 

14 et seq.). 

15 NATIONAL NETWORK GRANTS TO THE NATIONAL

16 RAILROAD PASSENGER CORPORATION

17 To enable the Secretary of Transportation to make 

18 grants to the National Railroad Passenger Corporation for 

19 activities associated with the National Network as author20 ized by section 11101(b) of the Fixing America’s Surface 

21 Transportation Act (division A of Public Law 114–94), 

22 $1,300,000,000, to remain available until expended: Pro23 vided, That the Secretary may retain up to an additional 

24 $2,000,000 of the amounts made available under this 

25 heading to fund expenses associated with the State-SupVerDate Sep 11 2014 19:17 Jul 16, 2020 Jkt 099200 PO 00000 Frm 00070 Fmt 6652 Sfmt 6201 E:\BILLS\H7616.RH H7616

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1 ported Route Committee established under section 24712 

2 of title 49, United States Code: Provided further, That 

3 none of the funds provided under this heading shall be 

4 used by Amtrak to give notice under subsection (a) or (b) 

5 of section 24706 of title 49, United States Code, with re6 spect to long-distance routes (as defined in section 24102 

7 of title 49, United States Code) on which Amtrak is the 

8 sole operator on a host railroad’s line and a positive train 

9 control system is not required by law or regulation, or, 

10 except in an emergency or during maintenance or con11 struction outages impacting such routes, to otherwise dis12 continue, reduce the frequency of, suspend, or substan13 tially alter the route of rail service on any portion of such 

14 route operated in fiscal year 2018, including implementa15 tion of service permitted by section 24305(a)(3)(A) of title 

16 49, United States Code, in lieu of rail service. 

17 ADMINISTRATIVE PROVISIONS—FEDERAL RAILROAD

18 ADMINISTRATION

19 (INCLUDING RESCISSIONS)

20 SEC. 150. None of the funds made available to the 

21 National Railroad Passenger Corporation may be used to 

22 fund any overtime costs in excess of $35,000 for any indi23 vidual employee: Provided, That the President of Amtrak 

24 may waive the cap set in the preceding proviso for specific 

25 employees when the President of Amtrak determines such 


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1 a cap poses a risk to the safety and operational efficiency 

2 of the system: Provided further, That the President of Am3 trak shall report to the House and Senate Committees on 

4 Appropriations no later than 60 days after the date of en5 actment of this Act, a summary of all overtime payments 

6 incurred by Amtrak for 2020 and the 3 prior calendar 

7 years: Provided further, That such summary shall include 

8 the total number of employees that received waivers and 

9 the total overtime payments Amtrak paid to employees re10 ceiving waivers for each month for 2020 and for the 3 

11 prior calendar years. 

12 SEC. 151. None of the funds made available to the 

13 National Railroad Passenger Corporation under the head14 ings ‘‘Northeast Corridor Grants to the National Railroad 

15 Passenger Corporation’’ and ‘‘National Network Grants to 

16 the National Railroad Passenger Corporation’’ may be 

17 used to reduce the total number of Amtrak Police Depart18 ment uniformed officers patrolling on board passenger 

19 trains or at stations, facilities or rights-of-way below the 

20 staffing level on May 1, 2019. 

21 SEC. 152. None of the funds made available by this 

22 Act may be used by the National Railroad Passenger Cor23 poration in contravention of the Worker Adjustment and 

24 Retraining Notification Act (29 U.S.C. 2101 et seq.). 


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1 SEC. 153. The matter under the heading ‘‘Depart2 ment of Transportation—Federal Railroad Administra3 tion—Consolidated Rail Infrastructure and Safety Im4 provements’’— 

5 (a) in division G of the Consolidated Appropriations 

6 Act, 2019 (Public Law 116-6) is amended by striking ‘‘4 

7 years’’ and inserting ‘‘6 years’’ in the fourth proviso; and 

8 (b) in division H of the Further Consolidated Appro9 priations Act, 2020 (Public Law 116-94) is amended by 

10 striking ‘‘4 years’’ and inserting ‘‘6 years’’ in the fourth 

11 proviso. 

12 SEC. 154. Of the unobligated balances of funds re13 maining from— 

14 (a) ‘‘Capital and Debt Service Grants to the National 

15 Railroad Passenger Corporation’’ accounts totaling 

16 $10,414,449.82 appropriated by the following public laws 

17 are hereby permanently rescinded: 

18 (1) Public Law 112-10 a total of $289,234.48, 

19 (2) Public Law 112-55 a total of 

20 $4,760,000.00, 

21 (3) Public Law 113-76 a total of $792,502.52, 

22 (4) Public Law 113-235 a total of 

23 $1,698,806.61, and 

24 (5) Public Law 114-113 a total of 

25 $2,873,906.21; 


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1 (b) ‘‘Railroad Safety Technology Program’’ account 

2 totaling $613,252.29 appropriated by Public Law 111-117 

3 is hereby permanently rescinded; 

4 (c) ‘‘Capital Assistance to States - Intercity Pas5 senger Rail Service’’ account totaling $9,867,630.69 ap6 propriated by Public Law 111-8 is hereby permanently re7 scinded; 

8 (d) ‘‘Rail Line Relocation and Improvement Pro9 gram’’ accounts totaling $12,650,365.14 appropriated by 

10 the following public laws are hereby permanently re11 scinded: 

12 (1) Public Law 110-161 a total of $923,214.63, 

13 (2) Public Law 111-8 a total of $5,558,233.95, 

14 (3) Public Law 111-117 a total of 

15 $3,763,767.95, and 

16 (4) Public Law 112-10 a total of 

17 $2,405,148.61; and; 

18 (e) ‘‘Next Generation High-Speed Rail’’ accounts to19 taling $3,019,483.21 appropriated by the following public 

20 laws are hereby permanently rescinded: 

21 (1) Public Law 104-50 a total of $610,807.00, 

22 (2) Public Law 104-205 a total of $5,963.71, 

23 (3) Public Law 105-66 a total of 

24 $1,218,742.47, 

25 (4) Public Law 105-277 a total of $17,097.00, 


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1 (5) Public Law 106-69 a total of 

2 $1,005,969.00, 

3 (6) Public Law 108-7 a total of $43,951.57, 

4 (7) Public Law 108-199 a total of $24,263.48, 

5 and 

6 (8) Public Law 108-447 a total of $92,688.98. 

7 FEDERAL TRANSIT ADMINISTRATION

8 ADMINISTRATIVE EXPENSES

9 For necessary administrative expenses of the Federal 

10 Transit Administration’s programs authorized by chapter 

11 53 of title 49, United States Code, $121,052,000, of which 

12 $15,000,000 shall remain available until September 30, 

13 2022, and up to $1,000,000 shall be available to carry 

14 out the provisions of section 5326 of such title: Provided, 

15 That upon submission to the Congress of the fiscal year 

16 2022 President’s budget, the Secretary of Transportation 

17 shall transmit to Congress the annual report on Capital 

18 Investment Grants, including proposed allocations for fis19 cal year 2022. 

20 TRANSIT FORMULA GRANTS

21 (LIQUIDATION OF CONTRACT AUTHORIZATION)

22 (LIMITATION ON OBLIGATIONS)

23 (HIGHWAY TRUST FUND)

24 For payment of obligations incurred in the Federal 

25 Public Transportation Assistance Program in this acVerDate Sep 11 2014 19:17 Jul 16, 2020 Jkt 099200 PO 00000 Frm 00075 Fmt 6652 Sfmt 6201 E:\BILLS\H7616.RH H7616

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1 count, and for payment of obligations incurred in carrying 

2 out the provisions of 49 U.S.C. 5305, 5307, 5310, 5311, 

3 5312, 5314, 5318, 5329(e)(6), 5335, 5337, 5339, and 

4 5340, as amended by the Fixing America’s Surface Trans5 portation Act, section 20005(b) of Public Law 112–141, 

6 and section 3006(b) of the Fixing America’s Surface 

7 Transportation Act, or any successor surface transpor8 tation reauthorization Act authorizing appropriations for 

9 fiscal year 2021, $16,595,000,000, to be derived from the 

10 Mass Transit Account of the Highway Trust Fund and 

11 to remain available until expended: Provided, That funds 

12 available for the implementation or execution of programs 

13 authorized under 49 U.S.C. 5305, 5307, 5310, 5311, 

14 5312, 5314, 5318, 5329(e)(6), 5335, 5337, 5339, and 

15 5340, as amended by the Fixing America’s Surface Trans16 portation Act, section 20005(b) of Public Law 112–141, 

17 and section 3006(b) of the Fixing America’s Surface 

18 Transportation Act, or any successor surface transpor19 tation reauthorization Act authorizing appropriations for 

20 fiscal year 2021, shall not exceed total obligations of 

21 $15,945,200,000 in fiscal year 2021: Provided further, 

22 That the Federal share of the cost of activities carried 

23 out under 49 U.S.C. section 5312 shall not exceed 80 per24 cent, except that if there is substantial public interest or 

25 benefit, the Secretary may approve a greater Federal 


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1 share: Provided further, That until September 30, 2021, 

2 for amounts subject to the obligation limitation under this 

3 heading during fiscal year 2021, the Federal share of costs 

4 for any grant made for activities undertaken pursuant to 

5 chapter 53 of title 49, United States Code, shall be, at 

6 the option of the recipient, up to 100 percent but solely 

7 for funds that have not been obligated to a grant prior 

8 to September 30, 2020: Provided further, That the pre9 ceding proviso shall not apply to grants made pursuant 

10 to a competitive application process in fiscal year 2021 

11 or any prior fiscal year: Provided further, That not includ12 ing any amounts provided under the heading ‘‘Transit In13 frastructure Grants’’ in title XII of division B of the 

14 CARES Act (Public Law 116-136), an urbanized area or 

15 State may obligate not more than 50 percent of its unobli16 gated balances authorized under sections 5305, 5307, 

17 5310, 5311, 5329(e)(6), 5335, 5337, 5339, and 5340 of 

18 title 49, United States Code, as of September 30, 2020, 

19 under this proviso. 

20 TRANSIT INFRASTRUCTURE GRANTS

21 For an additional amount for buses and bus facilities 

22 grants under section 5339 of title 49, United States Code, 

23 low or no emission grants under section 5339(c) of such 

24 title, the passenger ferry grant program as authorized 

25 under section 5307(h) of such title, and the demonstration 


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1 and deployment of innovative mobility solutions as author2 ized under section 5312 of such title, $510,000,000, to 

3 remain available until expended: Provided, That of the 

4 amounts made available under this heading— 

5 (1) $374,000,000 shall be available for the 

6 buses and bus facilities competitive grants as au7 thorized under section 5339(b) of title 49, United 

8 States Code: Provided, That activities that increase 

9 green space surrounding a bus transportation hub 

10 structure are eligible for a grant under this para11 graph: Provided further, That the minimum grant 

12 award shall be not less than $1,000,000; 

13 (2) $125,000,000 shall be available for the low 

14 or no emission grants as authorized under section 

15 5339(c) of title 49, United States Code: Provided, 

16 That the minimum grant award shall be not less 

17 than $1,250,000; 

18 (3) $10,000,000 shall be available for the pas19 senger ferry grant program as authorized under sec20 tion 5307(h) of title 49, United States Code: Pro21 vided, That the funds provided under this heading 

22 shall only be available for low or zero-emission fer23 ries or ferries using electric battery or fuel cell com24 ponents and the infrastructure to support such fer25 ries; and 


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1 (4) $1,000,000 shall be shall be available for 

2 the demonstration and deployment of innovative mo3 bility solutions as authorized under section 5312 of 

4 title 49, United States Code: Provided, that such 

5 amounts shall be available for competitive grants or 

6 cooperative agreements for the development of soft7 ware to facilitate the provision of demand-response 

8 public transportation service that dispatches public 

9 transportation fleet vehicles through riders mobile 

10 devices or other advanced means: Provided further, 

11 That the Secretary shall evaluate the potential for 

12 software developed with grants or cooperative agree13 ments to be shared for use by public transportation 

14 agencies: 

15 Provided further, That the Federal share of the costs for 

16 which any grant is made under this heading shall be, at 

17 the option of the recipient, up to 100 percent: Provided 

18 further, That amounts made available under this heading 

19 shall be derived from the general fund and shall not be 

20 subject to any limitation on obligation for transit pro21 grams set forth in any Act. 

22 TECHNICAL ASSISTANCE AND TRAINING

23 For necessary expenses to carry out section 5314 of 

24 title 49, United States Code, $7,000,000, to remain avail25 able until September 30, 2022: Provided, That the assistVerDate Sep 11 2014 19:17 Jul 16, 2020 Jkt 099200 PO 00000 Frm 00079 Fmt 6652 Sfmt 6201 E:\BILLS\H7616.RH H7616

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1 ance provided under this heading does not duplicate the 

2 activities of section 5311(b) or section 5312 of title 49, 

3 United States Code. 

4 CAPITAL INVESTMENT GRANTS

5 For necessary expenses to carry out fixed guideway 

6 capital investment grants under section 5309 of title 49, 

7 United States Code, and section 3005(b) of the Fixing 

8 America’s Surface Transportation Act (49 U.S.C. 5309 

9 note), $2,175,000,000, to remain available until Sep10 tember 30, 2024: Provided, That of the amounts made 

11 available under this heading, $1,848,000,000 shall be allo12 cated by December 31, 2022: Provided further, That of 

13 the amounts made available under this heading, 

14 $1,250,000,000 shall be available for projects authorized 

15 under section 5309(d) of title 49, United States Code, 

16 $525,000,000 shall be available for projects authorized 

17 under section 5309(e) of title 49, United States Code, 

18 $300,000,000 shall be available for projects authorized 

19 under section 5309(h) of title 49, United States Code, and 

20 $100,000,000 shall be available for projects authorized 

21 under section 3005(b) of the Fixing America’s Surface 

22 Transportation Act (49 U.S.C. 5309 note): Provided fur23 ther, That funds made available under this heading in this 

24 or any other Act may be available for amendments to cur25 rent full-funding grant agreements that require additional 


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1 Federal funding as a result of coronavirus: Provided fur2 ther, That the Secretary shall continue to administer the 

3 capital investment grants program in accordance with the 

4 procedural and substantive requirements of section 5309 

5 of title 49, United States Code, of section 3005(b) of the 

6 Fixing America’s Surface Transportation Act (49 U.S.C. 

7 5309 note), and of section 5309(i) of title 49, United 

8 States Code: Provided further, That projects that receive 

9 a grant agreement under the Expedited Project Delivery 

10 for Capital Investment Grants Pilot Program under sec11 tion 3005(b) of the Fixing America’s Surface Transpor12 tation Act (49 U.S.C. 5309 note) shall be deemed eligible 

13 for funding provided for projects under section 5309 of 

14 title 49, United States Code, without further evaluation 

15 or rating under such section: Provided further, That such 

16 funding shall not exceed the Federal share under section 

17 3005(b). 

18 GRANTS TO THE WASHINGTON METROPOLITAN AREA

19 TRANSIT AUTHORITY

20 For grants to the Washington Metropolitan Area 

21 Transit Authority as authorized under section 601 of divi22 sion B of the Passenger Rail Investment and Improvement 

23 Act of 2008 (Public Law 110-432), $150,000,000, to re24 main available until expended: Provided, That the Sec25 retary of Transportation shall approve grants for capital 


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1 and preventive maintenance expenditures for the Wash2 ington Metropolitan Area Transit Authority only after re3 ceiving and reviewing a request for each specific project: 

4 Provided further, That the Secretary shall determine that 

5 the Washington Metropolitan Area Transit Authority has 

6 placed the highest priority on those investments that will 

7 improve the safety of the system before approving such 

8 grants: Provided further, That the Secretary, in order to 

9 ensure safety throughout the rail system, may waive the 

10 requirements of section 601(e)(1) of division B of the Pas11 senger Rail Investment and Improvement Act of 2008 

12 (Public Law 110-432). 

13 ADMINISTRATIVE PROVISIONS—FEDERAL TRANSIT

14 ADMINISTRATION

15 (INCLUDING RESCISSIONS)

16 SEC. 160. The limitations on obligations for the pro17 grams of the Federal Transit Administration shall not 

18 apply to any authority under 49 U.S.C. 5338, previously 

19 made available for obligation, or to any other authority 

20 previously made available for obligation. 

21 SEC. 161. Notwithstanding any other provision of 

22 law, funds appropriated or limited by this Act under the 

23 heading ‘‘Capital Investment Grants’’ of the Federal 

24 Transit Administration for projects specified in this Act 

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1 gated by September 30, 2024, and other recoveries, shall 

2 be directed to projects eligible to use the funds for the 

3 purposes for which they were originally provided. 

4 SEC. 162. Notwithstanding any other provision of 

5 law, any funds appropriated before October 1, 2019, for 

6 any section of chapter 53 of title 49, United States Code, 

7 that remain available for expenditure, may be transferred 

8 to and administered under the most recent appropriation 

9 heading for any such section. 

10 SEC. 163. None of the funds made available by this 

11 Act or any other Act shall be used to adjust apportion12 ments or withhold funds from apportionments pursuant 

13 to section 9503(e)(4) of the Internal Revenue Code of 

14 1986 (26 U.S.C. 9503(e)(4)). 

15 SEC. 164. An eligible recipient of a grant under sec16 tion 5339(c) may submit an application in partnership 

17 with other entities, including a transit vehicle manufac18 turer, that intend to participate in the implementation of 

19 a project under section 5339(c) of title 49, United States 

20 Code, and a project awarded with such partnership shall 

21 be treated as satisfying the requirement for a competitive 

22 procurement under section 5325(a) of title 49, United 

23 States Code, for the named entity. 

24 SEC. 165. None of the funds made available by this 

25 Act or any other Act shall be used to impede or hinder 


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1 project advancement or approval for any project seeking 

2 a Federal contribution from the capital investment grant 

3 program of greater than 40 percent of project costs as 

4 authorized under section 5309 of title 49, United States 

5 Code. 

6 SEC. 166. None of the funds made available by this 

7 Act may be used for the implementation or furtherance 

8 of new policies detailed in the ‘‘Dear Colleague’’ letter dis9 tributed by the Federal Transit Administration to capital 

10 investment grant program project sponsors on June 29, 

11 2018. 

12 SEC. 167. None of the funds made available in this 

13 Act may be used by the Department of Transportation 

14 to implement any policy that requires a capital investment 

15 grant project to receive a medium or higher project rating 

16 before taking actions to finalize an environmental impact 

17 statement. 

18 SEC. 168. Of the unobligated amounts made available 

19 for prior fiscal years to Formula Grants in Treasury Ac20 count 69-X-1129, a total of $1,606,849 are hereby perma21 nently rescinded: Provided, That no amounts may be re22 scinded from amounts that were designated by the Con23 gress as an emergency or disaster relief requirement pur24 suant to a concurrent resolution on the budget or the Bal25 anced Budget and Emergency Deficit Control Act of 1985. 


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1 SEC. 169. Of the unobligated amounts made available 

2 for the Job Access and Reverse Commute program, as au3 thorized by Public Law 105–178, as amended, a total of 

4 $320,230 are hereby permanently rescinded. 

5 SEC. 169A. Of the unobligated amounts made avail6 able for Research, Training, and Human Resources, as 

7 authorized by Public Law 95–599, as amended, a total 

8 of $31,634 are hereby permanently rescinded. 

9 SAINT LAWRENCE SEAWAY DEVELOPMENT

10 CORPORATION

11 The Saint Lawrence Seaway Development Corpora12 tion is hereby authorized to make such expenditures, with13 in the limits of funds and borrowing authority available 

14 to the Corporation, and in accord with law, and to make 

15 such contracts and commitments without regard to fiscal 

16 year limitations, as provided by section 9104 of title 31, 

17 United States Code, as may be necessary in carrying out 

18 the programs set forth in the Corporation’s budget for the 

19 current fiscal year. 

20 OPERATIONS AND MAINTENANCE

21 (HARBOR MAINTENANCE TRUST FUND)

22 For necessary expenses to conduct the operations, 

23 maintenance, and capital infrastructure activities on por24 tions of the Saint Lawrence Seaway owned, operated, and 

25 maintained by the Saint Lawrence Seaway Development 


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1 Corporation, $40,000,000, to be derived from the Harbor 

2 Maintenance Trust Fund, pursuant to section 210 of the 

3 Water Resources Development Act of 1986 (33 U.S.C. 

4 2238): Provided, That of the amounts made available 

5 under this heading, not less than $15,800,000 shall be for 

6 the seaway infrastructure program. 

7 MARITIME ADMINISTRATION

8 MARITIME SECURITY PROGRAM

9 For necessary expenses to maintain and preserve a 

10 U.S.-flag merchant fleet as authorized under chapter 531 

11 of title 46, United States Code, to serve the national secu12 rity needs of the United States, $314,007,780, to remain 

13 available until expended. 

14 CABLE SECURITY FLEET PROGRAM

15 For necessary expenses to establish and maintain a 

16 fleet of United States-documented cable vessels as author17 ized under chapter 532 of title 46, United States Code, 

18 to meet the national security requirements of the United 

19 States, $10,000,000, to remain available until expended. 

20 OPERATIONS AND TRAINING

21 (INCLUDING TRANSFER OF FUNDS)

22 For necessary expenses of operations and training ac23 tivities authorized by law, $161,417,000: Provided, That 

24 of the amounts made available under this heading— 


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1 (1) $82,289,000, to remain available until Sep2 tember 30, 2022, shall be for the operations of the 

3 United States Merchant Marine Academy; 

4 (2) $5,500,000, to remain available until ex5 pended, shall be for facilities maintenance and re6 pair, and equipment, at the United States Merchant 

7 Marine Academy; 

8 (3) $3,000,000, to remain available until Sep9 tember 30, 2022, shall be for the Maritime Environ10 mental and Technical Assistance program authorized 

11 under section 50307 of title 46, United States Code; 

12 and 

13 (4) $14,775,000, to remain available until ex14 pended, shall be for the Short Sea Transportation 

15 Program (America’s Marine Highways) to make 

16 grants for the purposes authorized under paragraphs 

17 (1) and (3) of section 55601(b) of title 46, United 

18 States Code: 

19 Provided further, That not later than 120 days after the 

20 date of enactment of this Act, the Administrator of the 

21 Maritime Administration shall transmit to the House and 

22 Senate Committees on Appropriations the annual report 

23 on sexual assault and sexual harassment at the United 

24 States Merchant Marine Academy as required pursuant 

25 to section 3507 of the Duncan Hunter National Defense 


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1 Authorization Act for Fiscal Year 2009 (46 U.S.C. 51301 

2 note): Provided further, That available balances under this 

3 heading for the Short Sea Transportation Program 

4 (America’s Marine Highways) from prior year recoveries 

5 shall be available to carry out activities authorized under 

6 paragraphs (1) and (3) of section 55601(b) of title 46, 

7 United States Code: Provided further, That for amounts 

8 made available under paragraphs (3) and (4) of the first 

9 proviso, the Secretary of Transportation shall make grants 

10 not later than 180 days after the date of enactment of 

11 this Act in such amounts as the Secretary determines: 

12 Provided further, That any unobligated balances and obli13 gated balances not yet expended from previous appropria14 tions under this heading for programs and activities sup15 porting State Maritime Academies shall be transferred to 

16 and merged with the appropriations for ‘‘Maritime Admin17 istration—State Maritime Academy Operations’’ and shall 

18 be made available for the same purposes as the appropria19 tions for ‘‘Maritime Administration—State Maritime 

20 Academy Operations’’. 

21 STATE MARITIME ACADEMY OPERATIONS

22 For necessary expenses of operations, support, and 

23 training activities for State Maritime Academies, 

24 $431,700,000: Provided, That of the amounts made avail25 able under this heading— 


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1 (1) $30,500,000, to remain available until ex2 pended, shall be for maintenance, repair, life exten3 sion, marine insurance, and capacity improvement of 

4 National Defense Reserve Fleet training ships in 

5 support of State Maritime Academies, of which 

6 $8,000,000, to remain available until expended, shall 

7 be for expenses related to training mariners for costs 

8 associated with training vessel sharing pursuant to 

9 section 51504(g)(3) of title 46, United States Code, 

10 for costs associated with mobilizing, operating, and 

11 demobilizing the vessel, including travel costs for 

12 students, faculty, and crew, the costs of the general 

13 agent, crew costs, fuel, insurance, operational fees, 

14 and vessel hire costs, as determined by the Sec15 retary; 

16 (2) $389,000,000, to remain available until ex17 pended, shall be for the National Security Multi-Mis18 sion Vessel Program, including funds for construc19 tion, planning, administration, and design of school 

20 ships; 

21 (3) $2,400,000, to remain available until Sep22 tember 30, 2022, shall be for the Student Incentive 

23 Program; 


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1 (4) $3,800,000, to remain available until ex2 pended, shall be for training ship fuel assistance; 

3 and 

4 (5) $6,000,000, to remain available until Sep5 tember 30, 2022, shall be for direct payments for 

6 State Maritime Academies. 

7 ASSISTANCE TO SMALL SHIPYARDS

8 To make grants to qualified shipyards as authorized 

9 under section 54101 of title 46, United States Code, 

10 $20,000,000, to remain available until expended. 

11 SHIP DISPOSAL

12 For necessary expenses related to the disposal of ob13 solete vessels in the National Defense Reserve Fleet of the 

14 Maritime Administration, $5,000,000, to remain available 

15 until expended. 

16 MARITIME GUARANTEED LOAN (TITLE XI) PROGRAM

17 ACCOUNT

18 (INCLUDING TRANSFER OF FUNDS)

19 For administrative expenses to carry out the guaran20 teed loan program, $3,000,000, which shall be transferred 

21 to and merged with the appropriations for ‘‘Maritime Ad22 ministration—Operations and Training’’. 

23 PORT INFRASTRUCTURE DEVELOPMENT PROGRAM

24 To make grants to improve port facilities as author25 ized under section 50302(c) of title 46, United States 


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1 Code, $300,000,000, to remain available until expended: 

2 Provided, That projects eligible for amounts made avail3 able under this heading shall be projects for coastal sea4 ports, inland river ports, or Great Lakes ports: Provided 

5 further, That of the amounts made available under this 

6 heading, not less than $275,000,000 shall be for coastal 

7 seaports or Great Lakes ports: Provided further, That the 

8 Maritime Administration shall distribute amounts made 

9 available under this heading as discretionary grants to 

10 port authorities or commissions or their subdivisions and 

11 agents under existing authority, as well as to a State or 

12 political subdivision of a State or local government, a Trib13 al government, a public agency or publicly chartered au14 thority established by 1 or more States, a special purpose 

15 district with a transportation function, a multistate or 

16 multijurisdictional group of entities, or a lead entity de17 scribed above jointly with a private entity or group of pri18 vate entities: Provided further, That projects eligible for 

19 amounts made available under this heading shall be de20 signed to improve the safety, efficiency, or reliability of 

21 the movement of goods into, out of, around, or within a 

22 port and located— 

23 (1) within the boundary of a port, or 


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1 (2) outside the boundary of a port, and directly 

2 related to port operations, or to an intermodal con3 nection to a port: 

4 Provided further, That project awards eligible under this 

5 heading shall be only for— 

6 (1) port gate improvements; 

7 (2) road improvements both within and con8 necting to the port; 

9 (3) rail improvements both within and con10 necting to the port; 

11 (4) berth improvements (including docks, 

12 wharves, piers and dredging incidental to the im13 provement project); 

14 (5) fixed landside improvements in support of 

15 cargo operations (such as silos, elevators, conveyors, 

16 container terminals, Ro/Ro structures including 

17 parking garages necessary for intermodal freight 

18 transfer, warehouses including refrigerated facilities, 

19 lay-down areas, transit sheds, and other such facili20 ties); 

21 (6) utilities necessary for safe operations (in22 cluding lighting, stormwater, and other such im23 provements that are incidental to a larger infrastruc24 ture project); or 

25 (7) a combination of activities described above: 


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1 Provided further, That the Federal share of the costs for 

2 which an amount is provided under this heading shall be 

3 up to 80 percent: Provided further, That section 

4 50302(c)(6)(B)(i) of title 46, United States Code, shall 

5 not apply to amounts made available under this heading: 

6 Provided further, That for grants awarded under this 

7 heading, the minimum grant size shall be $1,000,000: 

8 Provided further, That for grant awards less than 

9 $10,000,000, the Secretary shall prioritize ports that han10 dled less than 10,000,000 short tons in 2017, as identified 

11 by the Corps of Engineers: Provided further, That for 

12 grant awards less than $10,000,000, the Secretary may 

13 increase the Federal share of costs above 80 percent: Pro14 vided further, That the proceeds of Federal credit assist15 ance under chapter 6 of title 23, United States Code, or 

16 sections 501 through 504 of the Railroad and Revitaliza17 tion and Regulatory Reform Act of 1976 (Public Law 94- 

18 210) shall be considered to be part of the non-Federal 

19 share of project costs if the loan is repayable from non20 Federal funds, unless otherwise requested by the project 

21 sponsor: Provided further, That not to exceed 2 percent 

22 of the amounts made available under this heading shall 

23 be available for necessary costs of grant administration. 


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1 ADMINISTRATIVE PROVISIONS—MARITIME

2 ADMINISTRATION

3 SEC. 170. Notwithstanding any other provision of 

4 this Act, in addition to any existing authority, the Mari5 time Administration is authorized to furnish utilities and 

6 services and make necessary repairs in connection with 

7 any lease, contract, or occupancy involving Government 

8 property under control of the Maritime Administration: 

9 Provided, That payments received therefor shall be cred10 ited to the appropriation charged with the cost thereof and 

11 shall remain available until expended: Provided further, 

12 That rental payments under any such lease, contract, or 

13 occupancy for items other than such utilities, services, or 

14 repairs shall be deposited into the Treasury as miscella15 neous receipts. 

16 SEC. 171. For fiscal year 2021, in addition to pay17 ments made pursuant to 53106 of title 46, United States 

18 Code, the Secretary shall pay to the contractor for an op19 erating agreement entered into pursuant to chapter 531 

20 of title 46, United States Code, for each vessel that is cov21 ered by such operating agreement as of the date of enact22 ment of this Act, an amount equal to $500,000: Provided, 

23 That payments authorized by this section shall be paid 

24 not later than 60 days after the date of enactment of this 

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1 maining from the amounts made available for payments 

2 under the heading ‘‘Maritime Administration—Maritime 

3 Security Program’’ in any prior Act may be used for such 

4 payments. 

5 PIPELINE AND HAZARDOUS MATERIALS SAFETY

6 ADMINISTRATION

7 OPERATIONAL EXPENSES

8 For necessary operational expenses of the Pipeline 

9 and Hazardous Materials Safety Administration, 

10 $25,715,000, of which $1,500,000 shall remain available 

11 until September 30, 2023. 

12 HAZARDOUS MATERIALS SAFETY

13 For expenses necessary to discharge the hazardous 

14 materials safety functions of the Pipeline and Hazardous 

15 Materials Safety Administration, $62,000,000, to remain 

16 available until September 30, 2023: Provided, That up to 

17 $800,000 in fees collected under section 5108(g) of title 

18 49, United States Code, shall be deposited in the general 

19 fund of the Treasury as offsetting receipts: Provided fur20 ther, That there may be credited to this appropriation, to 

21 be available until expended, funds received from States, 

22 counties, municipalities, other public authorities, and pri23 vate sources for expenses incurred for training, for reports 

24 publication and dissemination, and for travel expenses inVerDate Sep 11 2014 19:17 Jul 16, 2020 Jkt 099200 PO 00000 Frm 00095 Fmt 6652 Sfmt 6201 E:\BILLS\H7616.RH H7616

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1 curred in performance of hazardous materials exemptions 

2 and approvals functions. 

3 PIPELINE SAFETY

4 (PIPELINE SAFETY FUND)

5 (OIL SPILL LIABILITY TRUST FUND)

6 For expenses necessary to carry out a pipeline safety 

7 program, as authorized by section 60107 of title 49, 

8 United States Code, and to discharge the pipeline program 

9 responsibilities of the Oil Pollution Act of 1990 (Public 

10 Law 101-380), $173,000,000, to remain available until 

11 September 30, 2023, of which $23,000,000 shall be de12 rived from the Oil Spill Liability Trust Fund; of which 

13 $140,000,000 shall be derived from the Pipeline Safety 

14 Fund; and of which $10,000,000 shall be derived from 

15 fees collected under section 60302 of title 49, United 

16 States Code, and deposited in the Underground Natural 

17 Gas Storage Facility Safety Account for the purpose of 

18 carrying out section 60141 of title 49, United States Code: 

19 Provided, That not less than $1,058,000 of the amounts 

20 made available under this heading shall be for the One21 Call State grant program. 


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1 EMERGENCY PREPAREDNESS GRANTS

2 (LIMITATION ON OBLIGATIONS)

3 (EMERGENCY PREPAREDNESS FUND)

4 For expenses necessary to carry out the Emergency 

5 Preparedness Grants program, not more than 

6 $28,318,000 shall remain available until September 30, 

7 2023, from amounts made available by section 5116(h) 

8 and subsections (b) and (c) of section 5128 of title 49, 

9 United States Code: Provided, That notwithstanding sec10 tion 5116(h)(4) of title 49, United States Code, not more 

11 than 4 percent of the amounts made available from this 

12 account shall be available to pay administrative costs: Pro13 vided further, That notwithstanding subsections (b) and 

14 (c) of section 5128 of title 49, United States Code, and 

15 the limitation on obligations provided under this heading, 

16 prior year recoveries recognized in the current year shall 

17 be available to develop and deliver hazardous materials 

18 emergency response training for emergency responders, in19 cluding response activities for the transportation of crude 

20 oil, ethanol, flammable liquids, and other hazardous com21 modities by rail, consistent with National Fire Protection 

22 Association standards, and to make such training avail23 able through an electronic format: Provided further, That 

24 the prior year recoveries made available under this head25 ing shall also be available to carry out sections 


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1 5116(a)(1)(C), 5116(h), 5116(i), and 5107(e) of title 49, 

2 United States Code. 

3 OFFICE OF INSPECTOR GENERAL

4 SALARIES AND EXPENSES

5 For necessary expenses of the Office of the Inspector 

6 General to carry out the provisions of the Inspector Gen7 eral Act of 1978, as amended, $98,150,000: Provided, 

8 That the Inspector General shall have all necessary au9 thority, in carrying out the duties specified in the Inspec10 tor General Act, as amended (5 U.S.C. App. 3), to inves11 tigate allegations of fraud, including false statements to 

12 the government (18 U.S.C. 1001), by any person or entity 

13 that is subject to regulation by the Department of Trans14 portation. 

15 GENERAL PROVISIONS—DEPARTMENT OF

16 TRANSPORTATION

17 SEC. 180. (a) During the current fiscal year, applica18 ble appropriations to the Department of Transportation 

19 shall be available for maintenance and operation of air20 craft; hire of passenger motor vehicles and aircraft; pur21 chase of liability insurance for motor vehicles operating 

22 in foreign countries on official department business; and 

23 uniforms or allowances therefor, as authorized by sections 

24 5901 and 5902 of title 5, United States Code. 


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1 (b) During the current fiscal year, applicable appro2 priations to the Department and its operating administra3 tions shall be available for the purchase, maintenance, op4 eration, and deployment of unmanned aircraft systems 

5 that advance the missions of the Department of Transpor6 tation or an operating administration of the Department 

7 of Transportation. 

8 (c) Any unmanned aircraft system purchased, pro9 cured, or contracted for by the Department prior to the 

10 date of enactment of this Act shall be deemed authorized 

11 by Congress as if this provision was in effect when the 

12 system was purchased, procured, or contracted for. 

13 SEC. 181. Appropriations contained in this Act for 

14 the Department of Transportation shall be available for 

15 services as authorized by section 3109 of title 5, United 

16 States Code, but at rates for individuals not to exceed the 

17 per diem rate equivalent to the rate for an Executive Level 

18 IV. 

19 SEC. 182. (a) No recipient of amounts made available 

20 by this Act shall disseminate personal information (as de21 fined in section 2725(3) of title 18, United States Code) 

22 obtained by a State department of motor vehicles in con23 nection with a motor vehicle record as defined in section 

24 2725(1) of title 18, United States Code, except as pro25 vided in section 2721 of title 18, United States Code, for 


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1 a use permitted under section 2721 of title 18, United 

2 States Code. 

3 (b) Notwithstanding subsection (a), the Secretary 

4 shall not withhold amounts made available by this Act for 

5 any grantee if a State is in noncompliance with this provi6 sion. 

7 SEC. 183. None of the funds made available by this 

8 Act shall be available for salaries and expenses of more 

9 than 125 political and Presidential appointees in the De10 partment of Transportation: Provided, That none of the 

11 personnel covered by this provision may be assigned on 

12 temporary detail outside the Department of Transpor13 tation. 

14 SEC. 184. Funds received by the Federal Highway 

15 Administration and Federal Railroad Administration from 

16 States, counties, municipalities, other public authorities, 

17 and private sources for expenses incurred for training may 

18 be credited respectively to the Federal Highway Adminis19 tration’s ‘‘Federal-Aid Highways’’ account and to the Fed20 eral Railroad Administration’s ‘‘Safety and Operations’’ 

21 account, except for State rail safety inspectors partici22 pating in training pursuant to section 20105 of title 49, 

23 United States Code. 

24 SEC. 185. (a) None of the funds made available by 

25 this Act to the Department of Transportation may be used 


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1 to make a loan, loan guarantee, line of credit, cooperative 

2 agreement, or discretionary grant unless the Secretary of 

3 Transportation notifies the House and Senate Committees 

4 on Appropriations not less than 3 full business days before 

5 any project competitively selected to receive any discre6 tionary grant award, letter of intent, loan commitment, 

7 loan guarantee commitment, line of credit commitment, 

8 cooperative agreement, or full funding grant agreement is 

9 announced by the Department or its operating administra10 tions: Provided, That the Secretary gives concurrent noti11 fication to the House and Senate Committees on Appro12 priations for any ‘‘quick release’’ of funds from the emer13 gency relief program: Provided further, That no notifica14 tion shall involve funds that are not available for obliga15 tion. 

16 (b) In addition to the notification required in sub17 section (a), none of the funds made available by this Act 

18 to the Department of Transportation may be used to make 

19 a loan, loan guarantee, line of credit, cooperative agree20 ment, or discretionary grant unless the Secretary of 

21 Transportation provides the House and Senate Commit22 tees on Appropriations a comprehensive list of all such 

23 loans, loan guarantees, lines of credit, cooperative agree24 ments, or discretionary grants that will be announced not 

25 less the 3 full business days before such announcement: 


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1 Provided, That the Department of Transportation shall 

2 provide the list required in this subsection prior to the no3 tification required in subsection (a): Provided further, 

4 That the requirement to provide a list in this subsection 

5 does not apply to any ‘‘quick release’’ of funds from the 

6 emergency relief program: Provided further, That no list 

7 shall involve funds that are not available for obligation. 

8 SEC. 186. Rebates, refunds, incentive payments, 

9 minor fees, and other funds received by the Department 

10 of Transportation from travel management centers, 

11 charge card programs, the subleasing of building space, 

12 and miscellaneous sources are to be credited to appropria13 tions of the Department of Transportation and allocated 

14 to elements of the Department of Transportation using 

15 fair and equitable criteria and such funds shall be avail16 able until expended. 

17 SEC. 187. Amounts made available by this Act or any 

18 prior Act that the Secretary determines represent im19 proper payments by the Department of Transportation to 

20 a third-party contractor under a financial assistance 

21 award, which are recovered pursuant to law, shall be avail22 able— 

23 (1) to reimburse the actual expenses incurred 

24 by the Department of Transportation in recovering 

25 improper payments: Provided, That amounts made 


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1 available by this Act shall be available until ex2 pended; and 

3 (2) to pay contractors for services provided in 

4 recovering improper payments or contractor support 

5 in the implementation of the Improper Payments In6 formation Act of 2002 (Public Law 107–300), as 

7 amended by the Improper Payments Elimination 

8 and Recovery Act of 2010 (Public Law 111–204) 

9 and Improper Payments Elimination and Recovery 

10 Improvement Act of 2012 (Public Law 112–248), 

11 and Fraud Reduction and Data Analytics Act of 

12 2015 (Public Law 114–186): Provided, That 

13 amounts in excess of that required for paragraphs 

14 (1) and (2)— 

15 (A) shall be credited to and merged with 

16 the appropriation from which the improper pay17 ments were made, and shall be available for the 

18 purposes and period for which such appropria19 tions are available: Provided further, That 

20 where specific project or accounting information 

21 associated with the improper payment or pay22 ments is not readily available, the Secretary 

23 may credit an appropriate account, which shall 

24 be available for the purposes and period associ25 ated with the account so credited; or 


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1 (B) if no such appropriation remains avail2 able, shall be deposited in the Treasury as mis3 cellaneous receipts: Provided further, That prior 

4 to depositing such recovery in the Treasury, the 

5 Secretary shall notify the House and Senate 

6 Committees on Appropriations of the amount 

7 and reasons for such transfer: Provided further, 

8 That for purposes of this section, the term ‘‘im9 proper payments’’ has the same meaning as 

10 that provided in section 2(e)(2) of the Improper 

11 Payments Elimination and Recovery Act of 

12 2010 (Public Law 111–204). 

13 SEC. 188. Notwithstanding any other provision of 

14 law, if any funds provided by or limited by this Act are 

15 subject to a reprogramming action that requires notice to 

16 be provided to the House and Senate Committees on Ap17 propriations, transmission of such reprogramming notice 

18 shall be provided solely to the House and Senate Commit19 tees on Appropriations, and such reprogramming action 

20 shall be approved or denied solely by the House and Sen21 ate Committees on Appropriations: Provided, That the 

22 Secretary of Transportation may provide notice to other 

23 congressional committees of the action of the House and 

24 Senate Committees on Appropriations on such reprogram25 ming but not sooner than 30 days after the date on which 


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1 the reprogramming action has been approved or denied by 

2 the House and Senate Committees on Appropriations. 

3 SEC. 189. Funds appropriated by this Act to the op4 erating administrations may be obligated for the Office of 

5 the Secretary for the costs related to assessments or reim6 bursable agreements only when such amounts are for the 

7 costs of goods and services that are purchased to provide 

8 a direct benefit to the applicable operating administration 

9 or administrations. 

10 SEC. 190. The Secretary of Transportation is author11 ized to carry out a program that establishes uniform 

12 standards for developing and supporting agency transit 

13 pass and transit benefits authorized under section 7905 

14 of title 5, United States Code, including distribution of 

15 transit benefits by various paper and electronic media. 

16 SEC. 191. The Department of Transportation may 

17 use funds provided by this Act, or any other Act, to assist 

18 a contract under title 49 or title 23 of the United States 

19 Code utilizing geographic, economic, or any other hiring 

20 preference not otherwise authorized by law, or to amend 

21 a rule, regulation, policy or other measure that forbids a 

22 recipient of a Federal Highway Administration or Federal 

23 Transit Administration grant from imposing such hiring 

24 preference on a contract or construction project with 


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1 which the Department of Transportation is assisting, only 

2 if the grant recipient certifies the following: 

3 (1) that except with respect to apprentices or 

4 trainees, a pool of readily available but unemployed 

5 individuals possessing the knowledge, skill, and abil6 ity to perform the work that the contract requires 

7 resides in the jurisdiction; 

8 (2) that the grant recipient will include appro9 priate provisions in its bid document ensuring that 

10 the contractor does not displace any of its existing 

11 employees in order to satisfy such hiring preference; 

12 and 

13 (3) that any increase in the cost of labor, train14 ing, or delays resulting from the use of such hiring 

15 preference does not delay or displace any transpor16 tation project in the applicable Statewide Transpor17 tation Improvement Program or Transportation Im18 provement Program. 

19 SEC. 192. The Secretary of Transportation shall co20 ordinate with the Secretary of Homeland Security to en21 sure that best practices for Industrial Control Systems 

22 Procurement are up-to-date and shall ensure that systems 

23 procured with funds provided under this title were pro24 cured using such practices. 


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1 SEC. 193. Notwithstanding the Department of Trans2 portation Appropriations Act, 2010 (Public Law 111- 

3 117), de-obligated funds associated with Cooperative 

4 Agreement No. FR-HSR-0118-12-01-01 may not be made 

5 available for any purpose, including award, transfer, or ob6 ligation to any other program or recipient, until the final 

7 determination of any litigation concerning such funds. 

8 SEC. 194. None of the funds made available by this 

9 Act shall be available to consolidate governmental affairs 

10 activities across the Department of Transportation in the 

11 Office of Governmental Affairs in the Office of the Sec12 retary or public affairs activities across the Department 

13 of Transportation in the Office of Public Affairs in the 

14 Office of the Secretary: Provided, That the operating ad15 ministrations of the Department of Transportation shall 

16 not transfer personnel to the Office of Governmental Af17 fairs in the Office of the Secretary or the Office of Public 

18 Affairs in the Office of the Secretary. 

19 This title may be cited as the ‘‘Department of Trans20 portation Appropriations Act, 2021’’. 


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1 TITLE II 

2 DEPARTMENT OF HOUSING AND URBAN 

3 DEVELOPMENT 

4 MANAGEMENT AND ADMINISTRATION

5 EXECUTIVE OFFICES

6 For necessary salaries and expenses for Executive Of7 fices, which shall be comprised of the offices of the Sec8 retary, Deputy Secretary, Adjudicatory Services, Congres9 sional and Intergovernmental Relations, Public Affairs, 

10 Small and Disadvantaged Business Utilization, and the 

11 Center for Faith-Based and Neighborhood Partnerships, 

12 $15,000,000, to remain available until September 30, 

13 2022: Provided, That not to exceed $20,000 of the amount 

14 made available under this heading shall be available to the 

15 Secretary for official reception and representation ex16 penses as the Secretary of Housing and Urban Develop17 ment (in this title ‘‘the Secretary’’) may determine: Pro18 vided further, That the Secretary shall issue the report re19 quired by House Report 114-129 not later than 30 days 

20 after the date of enactment of this Act: Provided further, 

21 that such report shall include (1) the Department’s strat22 egy for continuing to ensure that lesbian, gay, bisexual, 

23 and transgender individuals have access to Department of 

24 Housing and Urban Development (in this title the ‘‘De25 partment’’ or ‘‘HUD’’) programs for which they are eligiVerDate Sep 11 2014 19:17 Jul 16, 2020 Jkt 099200 PO 00000 Frm 00108 Fmt 6652 Sfmt 6201 E:\BILLS\H7616.RH H7616

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1 ble, to be provided by the Office of Fair Housing and 

2 Equal Opportunity; and (2) the plan for disseminating 

3 this information to public housing agencies, to be provided 

4 by the Office of Public and Indian Housing: Provided fur5 ther, That the amount made available under this heading 

6 for the ‘‘Office of the Secretary’’ shall be reduced by 

7 $10,000 for each day after the date that is 30 days after 

8 enactment of this Act that such report has not been sub9 mitted to the Congress. 

10 ADMINISTRATIVE SUPPORT OFFICES

11 For necessary salaries and expenses for Administra12 tive Support Offices, $600,000,000, to remain available 

13 until September 30, 2022: Provided, That of the amounts 

14 made available under this heading— 

15 (1) not to exceed $71,576,000 shall be available 

16 for the Office of the Chief Financial Officer; 

17 (2) not to exceed $109,044,000 shall be avail18 able for the Office of the General Counsel, of which 

19 not less than $18,700,000 shall be for the Depart20 mental Enforcement Center; 

21 (3) not to exceed $286,258,000 shall be avail22 able for the Office of the Assistant Secretary for Ad23 ministration, of which not less than $20,000,000 

24 shall be for modernizing the Weaver Building and 


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1 space consolidation, to remain available until Sep2 tember 30, 2023; 

3 (4) not to exceed $65,200,000 shall be available 

4 for the Office of Field Policy and Management; 

5 (5) not to exceed $4,535,000 shall be available 

6 for the Office of Departmental Equal Employment 

7 Opportunity; and 

8 (6) not less than $63,387,000 shall be available 

9 for the Office of the Chief Information Officer: 

10 Provided further, That funds made available under this 

11 heading may be used for necessary administrative and 

12 non-administrative expenses of the Department, not other13 wise provided for, including purchase of uniforms, or al14 lowances therefor, as authorized by sections 5901 and 

15 5902 of title 5, United States Code; hire of passenger 

16 motor vehicles; and services as authorized by section 3109 

17 of title 5, United States Code: Provided further, That not18 withstanding any other provision of law, funds appro19 priated under this heading may be used for advertising 

20 and promotional activities that directly support program 

21 activities funded in this title: Provided further, That the 

22 Secretary shall provide the House and Senate Committees 

23 on Appropriations quarterly written notification regarding 

24 the status of pending congressional reports: Provided fur25 ther, That the Secretary shall provide in electronic form 


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1 all signed reports required by Congress: Provided further, 

2 That none of the funds made available under this heading 

3 for the Office of the Chief Financial Officer for the finan4 cial transformation initiative shall be available for obliga5 tion until after the Secretary publishes the necessary ad6 ministrative requirements for amounts made available to 

7 provide enhanced or improved electrical power systems 

8 under the heading ‘‘Department of Housing and Urban 

9 Development—Community Development Fund’’ in Public 

10 Law 115-123: Provided further, That only after the terms 

11 and conditions of the preceding proviso have been met, 

12 not more than 10 percent of the funds made available 

13 under this heading for the Office of the Chief Financial 

14 Officer for the financial transformation initiative may be 

15 obligated until the Secretary submits to the House and 

16 Senate Committees on Appropriations, for approval, a 

17 plan for expenditure that includes the financial and inter18 nal control capabilities to be delivered and the mission 

19 benefits to be realized, key milestones to be met, and the 

20 relationship between the proposed use of funds made avail21 able under this heading and the projected total cost and 

22 scope of the initiative. 

23 PROGRAM OFFICES

24 For necessary salaries and expenses for Program Of25 fices, $909,595,000, to remain available until September 


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1 30, 2022: Provided, That of the amounts made available 

2 under this heading— 

3 (1) not to exceed $245,000,000 shall be avail4 able for the Office of Public and Indian Housing; 

5 (2) not to exceed $138,290,000 shall be avail6 able for the Office of Community Planning and De7 velopment; 

8 (3) not to exceed $400,000,000 shall be avail9 able for the Office of Housing, of which not less 

10 than $12,300,000 shall be for the Office of Recapi11 talization; 

12 (4) not to exceed $35,443,000 shall be available 

13 for the Office of Policy Development and Research; 

14 (5) not less than $81,000,000 shall be available 

15 for the Office of Fair Housing and Equal Oppor16 tunity; and 

17 (6) not less than $9,862,000 shall be available 

18 for the Office of Lead Hazard Control and Healthy 

19 Homes. 

20 WORKING CAPITAL FUND

21 (INCLUDING TRANSFER OF FUNDS)

22 For the working capital fund for the Department 

23 (‘‘the Fund’’), pursuant, in part, to section 7(f) of the De24 partment of Housing and Urban Development Act (42 

25 U.S.C. 3535(f)), amounts transferred to the Fund under 


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1 this heading, including reimbursements pursuant to sec2 tion 7(f), shall be available only for Federal shared serv3 ices used by offices and agencies of the Department, and 

4 for any such portion of any office or agency’s information 

5 technology customer devices and support; talent manage6 ment; printing; records management; space renovation; 

7 furniture; or supply services the Secretary has determined 

8 shall be provided through the Fund, and for the oper9 ational expenses of the Fund: Provided, That amounts 

10 from the Fund shall not be available to provide services 

11 not specifically authorized under this heading: Provided 

12 further, That upon a determination by the Secretary that 

13 any other service (or portion thereof) authorized under 

14 this heading shall be provided through the Fund, amounts 

15 made available under this title for salaries and expenses 

16 under the headings ‘‘Executive Offices’’, ‘‘Administrative 

17 Support Offices’’, ‘‘Program Offices’’, and ‘‘Government 

18 National Mortgage Association’’, for such services shall be 

19 transferred to the Fund, to remain available until ex20 pended: Provided further, That the Secretary shall notify 

21 the House and Senate Committees on Appropriations of 

22 its plans for executing such transfers at least 15 days in 

23 advance of such transfers: Provided further, That the Sec24 retary may transfer not to exceed an additional 

25 $10,000,000, in aggregate, from all such appropriations, 


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1 to be merged with the Fund and to remain available until 

2 expended for any purpose under this heading. 

3 PUBLIC AND INDIAN HOUSING

4 TENANT-BASED RENTAL ASSISTANCE

5 For activities and assistance for the provision of ten6 ant-based rental assistance authorized under the United 

7 States Housing Act of 1937, as amended (42 U.S.C. 1437 

8 et seq.) (in this title ‘‘the Act’’), not otherwise provided 

9 for, $21,739,312,000, to remain available until expended, 

10 which shall be available on October 1, 2020 (in addition 

11 to the $4,000,000,000 previously appropriated under this 

12 heading that shall be available on October 1, 2020), and 

13 $4,000,000,000, to remain available until expended, which 

14 shall be available on October 1, 2021: Provided, That the 

15 amounts made available under this heading are provided 

16 as follows: 

17 (1) $22,852,000,000 shall be for renewals of 

18 expiring section 8 tenant-based annual contributions 

19 contracts (including renewals of enhanced vouchers 

20 under any provision of law authorizing such assist21 ance under section 8(t) of the Act and as authorized 

22 under 613(b) of the Cranston-Gonzales National Af23 fordable Housing Act (12 U.S.C. 4125(b))) and in24 cluding renewal of other special purpose incremental 

25 vouchers: Provided, That notwithstanding any other 


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1 provision of law, from amounts provided under this 

2 paragraph and any carryover, the Secretary shall for 

3 the calendar year 2021 funding cycle, provide re4 newal funding for each public housing agency based 

5 on validated voucher management system (VMS) 

6 leasing and cost data for the prior calendar year and 

7 by applying an inflation factor as established by the 

8 Secretary, by notice published in the Federal Reg9 ister, and by making any necessary adjustments for 

10 the costs associated with the first-time renewal of 

11 vouchers under this paragraph including tenant pro12 tection and Choice Neighborhoods vouchers: Pro13 vided further, That none of the funds provided under 

14 this paragraph may be used to fund a total number 

15 of unit months under lease that exceeds a public 

16 housing agency’s authorized level of units under con17 tract, except for public housing agencies partici18 pating in the Moving to Work (in this title ‘‘MTW’’) 

19 demonstration, which shall instead be governed by 

20 the terms and conditions of their MTW agreements: 

21 Provided further, That the Secretary shall, to the ex22 tent necessary not to exceed the amount specified 

23 under this paragraph (except as otherwise modified 

24 under this paragraph), prorate each public housing 

25 agency’s allocation otherwise established pursuant to 


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1 this paragraph: Provided further, That except as 

2 provided in the succeeding provisos, the entire 

3 amount specified under this paragraph (except as 

4 otherwise modified under this paragraph) shall be 

5 obligated to the public housing agencies based on the 

6 allocation and pro rata method described above, and 

7 the Secretary shall notify public housing agencies of 

8 their annual budgets by the latter of 60 days after 

9 enactment of this Act or March 1, 2021: Provided 

10 further, That the Secretary may extend the notifica11 tion period under the preceding proviso with the 

12 prior written approval of the House and Senate 

13 Committees on Appropriations: Provided further, 

14 That public housing agencies participating in the 

15 MTW demonstration shall be funded pursuant to 

16 their MTW agreements and shall be subject to the 

17 same pro rata adjustments under the preceding pro18 visos: Provided further, That the Secretary may off19 set public housing agencies’ calendar year 2021 allo20 cations based on the excess amounts of public hous21 ing agencies’ net restricted assets accounts, includ22 ing HUD-held programmatic reserves (in accordance 

23 with VMS data in calendar year 2020 that is 

24 verifiable and complete), as determined by the Sec25 retary: Provided further, That public housing agenVerDate Sep 11 2014 19:17 Jul 16, 2020 Jkt 099200 PO 00000 Frm 00116 Fmt 6652 Sfmt 6201 E:\BILLS\H7616.RH H7616

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1 cies participating in the MTW demonstration shall 

2 also be subject to the offset, as determined by the 

3 Secretary, excluding amounts subject to the single 

4 fund budget authority provisions of their MTW 

5 agreements, from the agencies’ calendar year 2021 

6 MTW funding allocation: Provided further, That the 

7 Secretary shall use any offset referred to in the pre8 ceding two provisos throughout the calendar year to 

9 prevent the termination of rental assistance for fam10 ilies as the result of insufficient funding, as deter11 mined by the Secretary, and to avoid or reduce the 

12 proration of renewal funding allocations: Provided 

13 further, That up to $100,000,000 shall be available 

14 only: (A) for adjustments in the allocations for pub15 lic housing agencies, after application for an adjust16 ment by a public housing agency that experienced a 

17 significant increase, as determined by the Secretary, 

18 in renewal costs of vouchers resulting from unfore19 seen circumstances or from portability under section 

20 8(r) of the Act; (B) for vouchers that were not in 

21 use during the previous 12-month period in order to 

22 be available to meet a commitment pursuant to sec23 tion 8(o)(13) of the Act; (C) for adjustments for 

24 costs associated with HUD-Veterans Affairs Sup25 portive Housing (HUD-VASH) vouchers under secVerDate Sep 11 2014 19:17 Jul 16, 2020 Jkt 099200 PO 00000 Frm 00117 Fmt 6652 Sfmt 6201 E:\BILLS\H7616.RH H7616

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1 tion 8(o)(19) of the Act; (D) for public housing 

2 agencies that despite taking reasonable cost savings 

3 measures, as determined by the Secretary, would 

4 otherwise be required to terminate rental assistance 

5 for families as a result of insufficient funding; (E) 

6 for adjustments in the allocations for public housing 

7 agencies that (i) are leasing a lower-than-average 

8 percentage of their authorized vouchers, (ii) have low 

9 amounts of budget authority in their net restricted 

10 assets accounts and HUD-held programmatic re11 serves, relative to other agencies, and (iii) are not 

12 participating in the Moving to Work demonstration, 

13 to enable such agencies to lease more vouchers; and 

14 (F) for public housing agencies that have experi15 enced increased costs or loss of units in an area for 

16 which the President declared a disaster under title 

17 IV of the Robert T. Stafford Disaster Relief and 

18 Emergency Assistance Act (42 U.S.C. 5170 et seq.): 

19 Provided further, That the Secretary shall allocate 

20 amounts under the preceding proviso based on need, 

21 as determined by the Secretary; 

22 (2) $125,000,000 shall be for section 8 rental 

23 assistance for relocation and replacement of housing 

24 units that are demolished or disposed of pursuant to 

25 section 18 of the Act, conversion of section 23 


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1 projects to assistance under section 8, the family 

2 unification program under section 8(x) of the Act, 

3 relocation of witnesses in connection with efforts to 

4 combat crime in public and assisted housing pursu5 ant to a request from a law enforcement or prosecu6 tion agency, enhanced vouchers under any provision 

7 of law authorizing such assistance under section 8(t) 

8 of the Act, Choice Neighborhood vouchers, manda9 tory and voluntary conversions, and tenant protec10 tion assistance including replacement and relocation 

11 assistance or for project-based assistance to prevent 

12 the displacement of unassisted elderly tenants cur13 rently residing in properties financed under section 

14 202 of the Housing Act of 1959 (12 U.S.C. 1701q) 

15 between 1959 and 1974 that are refinanced pursu16 ant to Public Law 106-569 or under the authority 

17 as provided under this Act: Provided, That when a 

18 public housing development is submitted for demoli19 tion or disposition under section 18 of the Act, the 

20 Secretary may provide section 8 rental assistance 

21 when the units pose an imminent health and safety 

22 risk to residents: Provided further, That the Sec23 retary may only provide replacement vouchers for 

24 units that were occupied within the previous 24 

25 months that cease to be available as assisted housVerDate Sep 11 2014 19:17 Jul 16, 2020 Jkt 099200 PO 00000 Frm 00119 Fmt 6652 Sfmt 6201 E:\BILLS\H7616.RH H7616

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1 ing, subject only to the availability of funds: Pro2 vided further, That of the amounts provided in this 

3 paragraph, at least $5,000,000 may be available to 

4 provide tenant protection assistance, not otherwise 

5 provided under this paragraph, to residents residing 

6 in low vacancy areas and who may have to pay rents 

7 greater than 30 percent of household income, as the 

8 result of: (A) the maturity of a HUD-insured, HUD9 held, or section 202 loan that requires the permis10 sion of the Secretary prior to loan prepayment; (B) 

11 the expiration of a rental assistance contract for 

12 which the tenants are not eligible for enhanced 

13 voucher or tenant protection assistance under exist14 ing law; or (C) the expiration of affordability restric15 tions accompanying a mortgage or preservation pro16 gram administered by the Secretary: Provided fur17 ther, That such tenant protection assistance made 

18 available under the preceding proviso may be pro19 vided under the authority of section 8(t) or section 

20 8(o)(13) of the United States Housing Act of 1937 

21 (42 U.S.C. 1437f(t), (o)(13)): Provided further, That 

22 the Secretary shall issue guidance to implement the 

23 preceding provisos, including requirements for defin24 ing eligible at-risk households within 60 days of the 

25 enactment of this Act: Provided further, That any 


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1 tenant protection voucher made available from 

2 amounts provided in this paragraph shall not be re3 issued by any public housing agency, except the re4 placement vouchers as defined by the Secretary by 

5 notice, when the initial family that received any such 

6 voucher no longer receives such voucher, and the au7 thority for any public housing agency to issue any 

8 such voucher shall terminate: Provided further, That 

9 the Secretary may provide section 8 rental assist10 ance from amounts provided in this paragraph for 

11 units assisted under a project-based subsidy contract 

12 funded under the ‘‘Project-Based Rental Assistance’’ 

13 heading under this title if the owner has received a 

14 Notice of Default and the units pose an imminent 

15 health and safety risk to residents: Provided further, 

16 That to the extent that the Secretary determines 

17 that such units are not feasible for continued rental 

18 assistance payments or transfer of the subsidy con19 tract associated with such units to another project 

20 or projects and owner or owners, any remaining 

21 amounts associated with such units under such con22 tract shall be recaptured and used to reimburse 

23 amounts used under this paragraph for rental assist24 ance under the preceding proviso; 


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1 (3) $2,154,812,000 shall be for administrative 

2 and other expenses of public housing agencies in ad3 ministering the section 8 tenant-based rental assist4 ance program, of which up to $30,000,000 shall be 

5 available to the Secretary to allocate to public hous6 ing agencies that need additional funds to admin7 ister their section 8 programs, including fees associ8 ated with section 8 tenant protection rental assist9 ance, the administration of disaster related vouchers, 

10 HUD-VASH vouchers, and other special purpose in11 cremental vouchers: Provided, That not less than 

12 $2,124,812,000 of the amount provided in this para13 graph shall be allocated to public housing agencies 

14 for the calendar year 2021 funding cycle based on 

15 section 8(q) of the Act (and related appropriation 

16 Act provisions) as in effect immediately before the 

17 enactment of the Quality Housing and Work Re18 sponsibility Act of 1998 (Public Law 105-276): Pro19 vided further, That if the amounts provided in this 

20 paragraph are insufficient to pay the amounts deter21 mined under the preceding proviso, the Secretary 

22 may decrease the amounts allocated to agencies by 

23 a uniform percentage applicable to all agencies re24 ceiving funding under this paragraph or may, to the 

25 extent necessary to provide full payment of amounts 


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1 determined under the preceding proviso, utilize un2 obligated balances, including recaptures and 

3 carryovers, remaining from funds appropriated to 

4 the Department of Housing and Urban Development 

5 under this heading from prior fiscal years, excluding 

6 special purpose vouchers, notwithstanding the pur7 poses for which such amounts were appropriated: 

8 Provided further, That all public housing agencies 

9 participating in the MTW demonstration shall be 

10 funded pursuant to their MTW agreements, and 

11 shall be subject to the same uniform percentage de12 crease as under the preceding proviso: Provided fur13 ther, That amounts provided in this paragraph shall 

14 be only for activities related to the provision of ten15 ant-based rental assistance authorized under section 

16 8, including related development activities; 

17 (4) $310,000,000 shall be for the renewal of 

18 tenant-based assistance contracts under section 811 

19 of the Cranston-Gonzalez National Affordable Hous20 ing Act (42 U.S.C. 8013), including necessary ad21 ministrative expenses: Provided, That administrative 

22 and other expenses of public housing agencies in ad23 ministering the special purpose vouchers under this 

24 paragraph shall be funded under the same terms 

25 and be subject to the same pro rata reduction as the 


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1 percent decrease for administrative and other ex2 penses to public housing agencies under paragraph 

3 (3) of this heading: Provided further, That up to 

4 $10,000,000 shall be available only (A) for adjust5 ments in the allocations for public housing agencies, 

6 after applications for such an adjustment by a public 

7 housing agency that experienced a significant in8 crease, as determined by the Secretary, in Main9 stream renewal costs resulting from unforeseen cir10 cumstances, and (B) for public housing agencies 

11 that despite taking reasonable cost saving measures, 

12 as determined by the Secretary, would otherwise be 

13 required to terminate the rental assistance for Main14 stream families as a result of insufficient funding: 

15 Provided further, That the Secretary shall allocate 

16 amounts under the preceding proviso based on need, 

17 as determined by the Secretary: Provided further, 

18 That upon turnover, section 811 special purpose 

19 vouchers funded under this heading in this or prior 

20 Acts, or under any other heading in prior Acts, shall 

21 be available for non-elderly persons with disabilities; 

22 (5) $2,500,000 shall be for rental assistance 

23 and associated administrative fees for the Tribal 

24 HUD–VASH program to serve Native American vet25 erans that are homeless or at-risk of homelessness 


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1 living on or near a reservation or other Indian areas: 

2 Provided, That amounts provided in this paragraph 

3 shall be made available for renewal grants to recipi4 ents that received assistance under prior Acts under 

5 the Tribal HUD–VASH program: Provided further, 

6 That the Secretary may specify criteria for renewal 

7 grants, including data on the utilization of assist8 ance reported by grant recipients: Provided further, 

9 That such assistance shall be administered in ac10 cordance with program requirements under the Na11 tive American Housing Assistance and Self-Deter12 mination Act of 1996 (25 U.S.C. 4101 et seq.) and 

13 modeled after the HUD–VASH program: Provided 

14 further, That the Secretary may waive, or specify al15 ternative requirements for, any provision of any stat16 ute or regulation that the Secretary administers in 

17 connection with the use of amounts provided in this 

18 paragraph (except for requirements related to fair 

19 housing, nondiscrimination, labor standards, and the 

20 environment), upon a finding by the Secretary that 

21 any such waivers or alternative requirements are 

22 necessary for the effective delivery and administra23 tion of such assistance: Provided further, That grant 

24 recipients shall report to the Secretary on utilization 

25 of such rental assistance and other program data, as 


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1 prescribed by the Secretary: Provided further, That 

2 the Secretary may reallocate, as determined by the 

3 Secretary, amounts returned or recaptured from 

4 awards under the Tribal HUD-VASH program 

5 under prior Acts to existing recipients under the 

6 Tribal HUD-VASH program; 

7 (6) $20,000,000 shall be for incremental rental 

8 voucher assistance for use through a supported 

9 housing program administered in conjunction with 

10 the Department of Veterans Affairs as authorized 

11 under section 8(o)(19) of the United States Housing 

12 Act of 1937: Provided, That the Secretary shall 

13 make such funding available, notwithstanding sec14 tion 203 of this title (competition provision), to pub15 lic housing agencies that partner with eligible VA 

16 Medical Centers or other entities as designated by 

17 the Secretary of the Department of Veterans Affairs, 

18 based on geographical need for such assistance as 

19 identified by the Secretary of Veterans Affairs, pub20 lic housing agency administrative performance, and 

21 other factors as specified by the Secretary of Hous22 ing and Urban Development in consultation with the 

23 Secretary of Veterans Affairs: Provided further, That 

24 the Secretary of Housing and Urban Development 

25 may waive, or specify alternative requirements for 


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1 (in consultation with the Secretary of Veterans Af2 fairs), any provision of any statute or regulation 

3 that the Secretary of Housing and Urban Develop4 ment administers in connection with the use of 

5 funds provided in this paragraph (except for require6 ments related to fair housing, nondiscrimination, 

7 labor standards, and the environment), upon a find8 ing by the Secretary that any such waivers or alter9 native requirements are necessary for the effective 

10 delivery and administration of such voucher assist11 ance: Provided further, That assistance made avail12 able under this paragraph shall continue to remain 

13 available for homeless veterans upon turnover; 

14 (7) $25,000,000 shall be for the family unifica15 tion program authorized under section 8(x) of the 

16 Act: Provided, That the amounts provided in this 

17 paragraph shall be provided as follows: 

18 (A) $5,000,000 shall be for new incre19 mental voucher assistance: Provided, That the 

20 assistance made available under this subpara21 graph shall continue to remain available for 

22 family unification upon turnover; and 

23 (B) $20,000,000 shall be for new incre24 mental voucher assistance to assist eligible 

25 youths as defined by such section 8(x)(2)(B): 


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1 Provided, That assistance made available under 

2 this subparagraph shall continue to remain 

3 available for such eligible youths upon turnover: 

4 Provided further, That of the total amount 

5 made available under this subparagraph, up to 

6 $10,000,000 shall be available on a noncompeti7 tive basis to public housing agencies that part8 ner with public child welfare agencies to iden9 tify such eligible youths, that request such as10 sistance to timely assist such eligible youths, 

11 and that meet any other criteria as specified by 

12 the Secretary: Provided further, That the Sec13 retary shall review utilization of the assistance 

14 made available under the preceding proviso, at 

15 an interval to be determined by the Secretary, 

16 and unutilized voucher assistance that is no 

17 longer needed shall be recaptured by the Sec18 retary and reallocated pursuant to the pre19 ceding proviso: Provided further, That for any 

20 public housing agency administering voucher 

21 assistance appropriated in a prior Act under the 

22 family unification program, or made available 

23 and competitively selected under this para24 graph, that determines that it no longer has an 

25 identified need for such assistance upon turnVerDate Sep 11 2014 19:17 Jul 16, 2020 Jkt 099200 PO 00000 Frm 00128 Fmt 6652 Sfmt 6201 E:\BILLS\H7616.RH H7616

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1 over, such agency shall notify the Secretary, 

2 and the Secretary shall recapture such assist3 ance from the agency and reallocate it to any 

4 other public housing agency or agencies based 

5 on need for voucher assistance in connection 

6 with such specified program or eligible youths, 

7 as applicable; and 

8 (8) $250,000,000 shall be for incremental rent9 al voucher assistance under section 8(o) of the 

10 United States Housing Act of 1937 for use by indi11 viduals and families who are homeless, as defined in 

12 section 103(a) of the McKinney-Vento Homeless As13 sistance Act (42 U.S.C. 11302(a)), at risk of home14 lessness, as defined in section 401(1) of the McKin15 ney-Vento Homeless Assistance Act (42 U.S.C. 

16 11360(1)), or fleeing, or attempting to flee, domestic 

17 violence, dating violence, sexual assault, or stalking 

18 or for veterans and families that include a veteran 

19 family member: Provided, That of such amount not 

20 less than $40,000,000 shall be available for individ21 uals and families who are fleeing, or attempting to 

22 flee, domestic violence, dating violence, sexual as23 sault, or stalking, and not less than $40,000,000 

24 shall be available for veterans and families that in25 clude a veteran family member: Provided further, 


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1 That the Secretary shall make such funding avail2 able, notwithstanding section 203 of this title (com3 petition provision) to public housing agencies that 

4 partner with eligible Continuums of Care or other 

5 entities as designated by the Secretary, based on 

6 geographical need of such assistance, public housing 

7 agency administrative performance, and other fac8 tors as specified by the Secretary: Provided further, 

9 That, the Secretary shall give preference to appli10 cants that demonstrate a strategy to coordinate as11 sistance with services available in the community: 

12 Provided further, That the Secretary may waive, or 

13 specify alternative requirements for, any provision or 

14 statute or regulation that the Secretary administers 

15 in connection with the use of funds made available 

16 under this paragraph (except for requirements re17 lated to fair housing, nondiscrimination, labor stand18 ards, and the environment) upon a finding by the 

19 Secretary that any such waivers or alternative re20 quirements are necessary for the effective delivery 

21 and administration of such voucher assistance: Pro22 vided further, That none of the funds provided in 

23 this paragraph may be used to require people experi24 encing homelessness to receive treatment or perform 

25 any other prerequisite activities as a condition for 


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1 receiving shelter, housing or other services: Provided 

2 further, That the Secretary shall issue guidance to 

3 implement the preceding proviso. 

4 The Secretary shall separately track all special purpose 

5 vouchers funded under this heading. 

6 HOUSING CERTIFICATE FUND

7 (INCLUDING RESCISSIONS)

8 Unobligated balances, including recaptures and car9 ryover, remaining from funds appropriated to the Depart10 ment of Housing and Urban Development under this 

11 heading, the heading ‘‘Annual Contributions for Assisted 

12 Housing’’ and the heading ‘‘Project-Based Rental Assist13 ance’’, for fiscal year 2021 and prior years may be used 

14 for renewal of or amendments to section 8 project-based 

15 contracts and for performance-based contract administra16 tors, notwithstanding the purposes for which such funds 

17 were appropriated: Provided, That any obligated balances 

18 of contract authority from fiscal year 1974 and prior fiscal 

19 years that have been terminated shall be rescinded: Pro20 vided further, That amounts heretofore recaptured, or re21 captured during the current fiscal year, from section 8 

22 project-based contracts from source years fiscal year 1975 

23 through fiscal year 1987 are hereby rescinded, and an 

24 amount of additional new budget authority, equivalent to 

25 the amount rescinded is hereby appropriated, to remain 


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1 available until expended, for the purposes set forth under 

2 this heading, in addition to amounts otherwise available. 

3 PUBLIC HOUSING CAPITAL FUND

4 For the Public Housing Capital Fund Program to 

5 carry out capital and management activities for public 

6 housing agencies, as authorized under section 9 of the Act 

7 (42 U.S.C. 1437g) $3,180,000,000, to remain available 

8 until September 30, 2024: Provided, That notwithstanding 

9 any other provision of law or regulation, during fiscal year 

10 2021, the Secretary may not delegate to any Department 

11 official other than the Deputy Secretary and the Assistant 

12 Secretary for Public and Indian Housing any authority 

13 under paragraph (2) of section 9(j) regarding the exten14 sion of the time periods under such section: Provided fur15 ther, That for purposes of such section 9(j), the term ‘‘ob16 ligate’’ means, with respect to amounts, that the amounts 

17 are subject to a binding agreement that will result in out18 lays, immediately or in the future: Provided further, That 

19 of the total amount made available under this heading, 

20 up to $23,000,000 shall be to support ongoing public 

21 housing financial and physical assessment activities: Pro22 vided further, That of the total amount made available 

23 under this heading, up to $1,000,000 shall be to support 

24 the costs of administrative and judicial receiverships: Pro25 vided further, That of the total amount provided under 


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1 this heading, not to exceed $74,650,000 shall be available 

2 for the Secretary to make grants, notwithstanding section 

3 203 of this Act, to public housing agencies for emergency 

4 capital needs including safety and security measures nec5 essary to address crime and drug-related activity and 

6 needs resulting from unforeseen or unpreventable emer7 gencies and natural disasters excluding Presidentially de8 clared emergencies and natural disasters under the Robert 

9 T. Stafford Disaster Relief and Emergency Act (42 U.S.C. 

10 5121 et seq.) occurring in fiscal year 2021, of which 

11 $34,650,000 shall be available for public housing agencies 

12 under administrative and judicial receiverships or under 

13 the control of a Federal monitor: Provided further, That 

14 of the amount made available under the preceding proviso, 

15 not less than $20,000,000 shall be for safety and security 

16 measures: Provided further, That in addition to the 

17 amount in the preceding proviso for such safety and secu18 rity measures, any amounts that remain available, after 

19 all applications received on or before September 30, 2022, 

20 for emergency capital needs have been processed, shall be 

21 allocated to public housing agencies for such safety and 

22 security measures: Provided further, That with respect to 

23 amounts made available under this heading, the limitation 

24 in section 9(g)(1) of the Act shall be applied by sub25 stituting 25 percent for the percentage specified in such 


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1 section: Provided further, That the Secretary may waive 

2 the limitation in the preceding proviso to allow public 

3 housing agencies to fund activities authorized under sec4 tion 9(e)(1)(C) of the Act: Provided further, That the Sec5 retary shall notify public housing agencies requesting 

6 waivers under the preceding proviso if the request is ap7 proved or denied within 14 days of submitting the request: 

8 Provided further, That from the funds made available 

9 under this heading, the Secretary shall provide bonus 

10 awards in fiscal year 2021 to public housing agencies that 

11 are designated high performers: Provided further, That the 

12 Department shall notify public housing agencies of their 

13 formula allocation within 60 days of enactment of this Act: 

14 Provided further, That of the total amount provided under 

15 this heading, $125,000,000 shall be for competitive grants 

16 to public housing agencies to evaluate and reduce lead17 based paint hazards and other housing-related hazards in18 cluding carbon monoxide (including for activities sup19 porting the installation and replacement of carbon mon20 oxide alarms or of combination smoke detector-carbon 

21 monoxide alarm devices) and mold in public housing: Pro22 vided further, That of the amounts available under the pre23 ceding proviso, not less than $25,000,000 shall be for 

24 competitive grants to public housing agencies to evaluate 

25 and reduce lead-based paint hazards in public housing by 


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1 carrying out the activities of risk assessments, abatement, 

2 and interim controls (as those terms are defined in section 

3 1004 of the Residential Lead-Based Paint Hazard Reduc4 tion Act of 1992 (42 U.S.C. 4851b)): Provided further, 

5 That of the total amount made available under this head6 ing, up to $30,000,000 shall be available until September 

7 30, 2023 for competitive grants to public housing agencies 

8 (in this title ‘‘PHAs’’), including agencies participating in 

9 the MTW demonstration, for full lead service line replace10 ment, with eligibility limited to PHAs where the relevant 

11 public water system will undergo or has recently under12 taken a comprehensive water main replacement program: 

13 Provided further, That for purposes of environmental re14 view, a grant under the preceding three provisos shall be 

15 considered funds for projects or activities under title I of 

16 the United States Housing Act of 1937 (42 U.S.C. 1437 

17 et seq.) for purposes of section 26 of such Act (42 U.S.C. 

18 1437x) and shall be subject to the regulations imple19 menting such section: Provided further, That for funds 

20 made available under the preceding four provisos, the Sec21 retary shall allow a PHA to apply for up to 20 percent 

22 of the funds made available under the first two of such 

23 provisos and prioritize need when awarding grants: Pro24 vided further, That $5,000,000 of the amounts made avail25 able under this heading shall be for a radon testing and 


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1 mitigation resident safety demonstration program (the 

2 radon demonstration) in public housing: Provided further, 

3 That the testing method, mitigation method, or action 

4 level used under the radon demonstration shall be as speci5 fied by applicable State or local law, if such law is more 

6 protective of human health or the environment than the 

7 method or level specified by the Secretary: Provided fur8 ther, That $25,000,000 of the amounts made available 

9 under this heading shall be for competitive grants to pub10 lic housing agencies for the installation of automatic sprin11 kler systems. 

12 PUBLIC HOUSING OPERATING FUND

13 For 2021 payments to public housing agencies for the 

14 operation and management of public housing, as author15 ized by section 9(e) of the United States Housing Act of 

16 1937 (42 U.S.C. 1437g(e)), $4,649,000,000, to remain 

17 available until September 30, 2022: Provided, That of the 

18 total amount made available under this heading, 

19 $25,000,000 shall be available to the Secretary to allocate 

20 pursuant to a need-based application process notwith21 standing section 203 of this title and not subject to the 

22 Operating Fund formula under part 990 of title 24, Code 

23 of Federal Regulations to public housing agencies that ex24 perience financial insolvency, as determined by the Sec25 retary: Provided further, That after all such insolvency 


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1 needs are met, the Secretary may distribute any remaining 

2 funds to all public housing agencies on a pro-rata basis 

3 pursuant to the Operating Fund formula under part 990 

4 of title 24, Code of Federal Regulations. 

5 CHOICE NEIGHBORHOODS INITIATIVE

6 For competitive grants under the Choice Neighbor7 hoods Initiative (subject to section 24 of the United States 

8 Housing Act of 1937 (42 U.S.C. 1437v) unless otherwise 

9 specified under this heading), for transformation, rehabili10 tation, and replacement housing needs of both public and 

11 HUD-assisted housing and to transform neighborhoods of 

12 poverty into functioning, sustainable mixed income neigh13 borhoods with appropriate services, schools, public assets, 

14 transportation and access to jobs, $250,000,000, to re15 main available until September 30, 2023: Provided, That 

16 grant funds may be used for resident and community serv17 ices, community development, and affordable housing 

18 needs in the community, and for conversion of vacant or 

19 foreclosed properties to affordable housing: Provided fur20 ther, That the use of funds made available under this 

21 heading shall not be deemed to be for public housing not22 withstanding section 3(b)(1) of such Act: Provided further, 

23 That grantees shall commit to an additional period of af24 fordability determined by the Secretary of not fewer than 

25 20 years: Provided further, That grantees shall provide a 


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1 match in State, local, other Federal or private funds: Pro2 vided further, That grantees may include local govern3 ments, tribal entities, public housing agencies, and non4 profit organizations: Provided further, That for-profit de5 velopers may apply jointly with a public entity: Provided 

6 further, That for purposes of environmental review, a 

7 grantee shall be treated as a public housing agency under 

8 section 26 of the United States Housing Act of 1937 (42 

9 U.S.C. 1437x), and grants made with amounts available 

10 under this heading shall be subject to the regulations 

11 issued by the Secretary to implement such section: Pro12 vided further, That of the amount provided under this 

13 heading, not less than $125,000,000 shall be awarded to 

14 public housing agencies: Provided further, That such 

15 grantees shall create partnerships with other local organi16 zations, including assisted housing owners, service agen17 cies, and resident organizations: Provided further, That 

18 the Secretary shall consult with the Secretaries of Edu19 cation, Labor, Transportation, Health and Human Serv20 ices, Agriculture, and Commerce, the Attorney General, 

21 and the Administrator of the Environmental Protection 

22 Agency to coordinate and leverage other appropriate Fed23 eral resources: Provided further, That not more than 

24 $5,000,000 of funds made available under this heading 

25 may be provided as grants to undertake comprehensive 


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1 local planning with input from residents and the commu2 nity: Provided further, That unobligated balances, includ3 ing recaptures, remaining from funds appropriated under 

4 the heading ‘‘Revitalization of Severely Distressed Public 

5 Housing (HOPE VI)’’ in fiscal year 2011 and prior fiscal 

6 years may be used for purposes under this heading, not7 withstanding the purposes for which such amounts were 

8 appropriated: Provided further, That the Secretary shall 

9 issue the Notice of Funding Availability for funds made 

10 available under this heading not later than 90 days after 

11 enactment of this Act: Provided further, That the Sec12 retary shall make grant awards not later than one year 

13 after the date of enactment of this Act in such amounts 

14 that the Secretary determines: Provided further, That not15 withstanding section 24(o) of the United States Housing 

16 Act of 1937 (42 U.S.C. 1437v(o)), the Secretary may, 

17 until September 30, 2024, obligate any available unobli18 gated balances made available under this heading in this 

19 or any prior Act. 

20 SELF-SUFFICIENCY PROGRAMS

21 For activities and assistance related to Self-Suffi22 ciency Programs, to remain available until September 30, 

23 2024, $155,000,000: Provided, That the amounts made 

24 available under this heading are provided as follows: 


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1 (1) $105,000,000 shall be for the Family Self2 Sufficiency program to support family self-suffi3 ciency coordinators under section 23 of the United 

4 States Housing Act of 1937 (42 U.S.C. 1437u), to 

5 promote the development of local strategies to co6 ordinate the use of assistance under sections 8 and 

7 9 of such Act with public and private resources, and 

8 to enable eligible families to achieve economic inde9 pendence and self-sufficiency: Provided, That the 

10 Secretary may, by Federal Register notice, waive or 

11 specify alternative requirements for, the require12 ments under subsections (b)(3), (b)(4), (b)(5), or 

13 (c)(1) of section 23 of such Act in order to facilitate 

14 the operation of a unified self-sufficiency program 

15 for individuals receiving assistance under different 

16 provisions of the Act, as determined by the Sec17 retary: Provided further, That an owner or sponsor 

18 of a multifamily property receiving project-based 

19 rental assistance under section 8 shall be eligible to 

20 receive awards from the Secretary under this para21 graph to support family self-sufficiency coordinators: 

22 Provided further, That owners or sponsors of a mul23 tifamily property receiving project-based rental as24 sistance under section 8 may voluntarily make a 

25 Family Self-Sufficiency program available to the asVerDate Sep 11 2014 19:17 Jul 16, 2020 Jkt 099200 PO 00000 Frm 00140 Fmt 6652 Sfmt 6201 E:\BILLS\H7616.RH H7616

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1 sisted tenants of such property in accordance with 

2 procedures established by the Secretary: Provided 

3 further, That such procedures established pursuant 

4 to the preceding proviso shall permit participating 

5 tenants to accrue escrow funds in accordance with 

6 section 23(d)(2) and shall allow owners to use fund7 ing from residual receipt accounts to hire coordina8 tors for their own Family Self-Sufficiency program; 

9 (2) $35,000,000 shall be for the Resident Op10 portunity and Self-Sufficiency program to provide 

11 for supportive services, service coordinators, and 

12 congregate services as authorized by section 34 of 

13 the United States Housing Act of 1937 (42 U.S.C. 

14 1437z–6) and the Native American Housing Assist15 ance and Self-Determination Act of 1996 (25 U.S.C. 

16 4101 et seq.); and 

17 (3) $15,000,000 shall be for a Jobs-Plus initia18 tive, modeled after the Jobs-Plus demonstration: 

19 Provided, That funding provided in this paragraph 

20 shall be available for competitive grants to partner21 ships between public housing agencies, local work22 force investment boards established under section 

23 107 of the Workforce Innovation and Opportunity 

24 Act of 2014 (29 U.S.C. 3122), and other agencies 

25 and organizations that provide support to help pubVerDate Sep 11 2014 19:17 Jul 16, 2020 Jkt 099200 PO 00000 Frm 00141 Fmt 6652 Sfmt 6201 E:\BILLS\H7616.RH H7616

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1 lic housing residents obtain employment and in2 crease earnings: Provided further, That applicants 

3 shall demonstrate the ability to provide services to 

4 residents, partner with workforce investment boards, 

5 and leverage service dollars: Provided further, That 

6 the Secretary may allow public housing agencies to 

7 request exemptions from rent and income limitation 

8 requirements under sections 3 and 6 of the United 

9 States Housing Act of 1937 (42 U.S.C. 1437a, 

10 1437d), as necessary to implement the Jobs-Plus 

11 program, on such terms and conditions as the Sec12 retary may approve upon a finding by the Secretary 

13 that any such waivers or alternative requirements 

14 are necessary for the effective implementation of the 

15 Jobs-Plus initiative as a voluntary program for resi16 dents: Provided further, That the Secretary shall 

17 publish by notice in the Federal Register any waiv18 ers or alternative requirements pursuant to the pre19 ceding proviso not later than 10 days before the ef20 fective date of such notice: Provided further, That 

21 amounts made available for the Jobs-Plus initiative 

22 in prior acts under the heading ‘‘Public Housing 

23 Capital Fund’’ that remain available or are subse24 quently recaptured shall be transferred to this acVerDate Sep 11 2014 19:17 Jul 16, 2020 Jkt 099200 PO 00000 Frm 00142 Fmt 6652 Sfmt 6201 E:\BILLS\H7616.RH H7616

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1 count and shall be available for the purposes of this 

2 paragraph. 

3 NATIVE AMERICAN PROGRAMS

4 (INCLUDING TRANSFER OF FUNDS)

5 For activities and assistance authorized under title 

6 I of the Native American Housing Assistance and Self7 Determination Act of 1996 (‘‘NAHASDA’’) (25 U.S.C. 

8 4111 et seq.), title I of the Housing and Community De9 velopment Act of 1974 (42 U.S.C. 5301 et seq.) with re10 spect to Indian tribes, and related training and technical 

11 assistance, $835,000,000, to remain available until Sep12 tember 30, 2025, unless otherwise specified: Provided, 

13 That the amounts made available under this heading are 

14 provided as follows: 

15 (1) $646,000,000 shall be for the Native Amer16 ican Housing Block Grants program, as authorized 

17 under title I of NAHASDA: Provided, That, not18 withstanding NAHASDA, to determine the amount 

19 of the allocation under title I of such Act for each 

20 Indian tribe, the Secretary shall apply the formula 

21 under section 302 of such Act with the need compo22 nent based on single-race census data and with the 

23 need component based on multi-race census data, 

24 and the amount of the allocation for each Indian 

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1 tion amounts: Provided further, That the Secretary 

2 shall notify grantees of their formula allocation not 

3 later 60 days after the date of enactment of this 

4 Act; 

5 (2) $2,000,000 shall be for the cost of guaran6 teed notes and other obligations, as authorized by 

7 title VI of NAHASDA: Provided, That such costs, 

8 including the costs of modifying such notes and 

9 other obligations, shall be as defined in section 502 

10 of the Congressional Budget Act of 1974 (2 U.S.C. 

11 661a): Provided further, That for fiscal year 2021, 

12 the Secretary may subsidize the total principal 

13 amount of any notes and other obligations, any part 

14 of which is to be guaranteed, not to exceed 

15 $61,298,904: Provided further, That any unobligated 

16 balances, including recaptures and carryover, re17 maining from amounts appropriated for this purpose 

18 under this heading or under the heading ‘‘Native 

19 American Housing Block Grants’’ in prior Acts may 

20 be used for costs of such guaranteed notes and other 

21 obligations, subject to the limitation under the pre22 ceding proviso on the total principal amount of such 

23 notes and obligations that may be guaranteed; 

24 (3) $110,000,000 shall be for competitive 

25 grants under the Native American Housing Block 


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1 Grants program, as authorized under title I of 

2 NAHASDA: Provided, That the Secretary shall obli3 gate this additional amount for competitive grants to 

4 eligible recipients authorized under NAHASDA that 

5 apply for funds: Provided further, That in awarding 

6 this additional amount, the Secretary shall consider 

7 need and administrative capacity and shall give pri8 ority to projects that will spur construction and re9 habilitation: Provided further, That a grant funded 

10 pursuant to this paragraph shall be in an amount 

11 not less than $500,000 and not greater than 

12 $10,000,000: Provided further, That up to 1 percent 

13 of the amounts made available in this paragraph 

14 may be transferred, in aggregate, to ‘‘Program Of15 fices—Public and Indian Housing’’ for necessary 

16 costs of administering and overseeing the obligation 

17 and expenditure of this additional amount and of ad18 ditional amounts made available in prior fiscal years, 

19 to remain available until September 30, 2026: Pro20 vided further, That any amounts transferred pursu21 ant to the preceding proviso in prior Acts may also 

22 be used for the purposes described in the preceding 

23 proviso; 

24 (4) $70,000,000 shall be for grants to Indian 

25 tribes for carrying out the Indian Community DevelVerDate Sep 11 2014 19:17 Jul 16, 2020 Jkt 099200 PO 00000 Frm 00145 Fmt 6652 Sfmt 6201 E:\BILLS\H7616.RH H7616

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1 opment Block Grant program under title I of the 

2 Housing and Community Development Act of 1974, 

3 notwithstanding section 106(a)(1) of such Act, of 

4 which, notwithstanding any other provision of law 

5 (including section 203 of this Act), up to $4,000,000 

6 may be used for emergencies that constitute immi7 nent threats to health and safety: Provided, That 

8 not to exceed 20 percent of any grant made with 

9 amounts made available in this paragraph shall be 

10 expended for planning and management development 

11 and administration: Provided further, That amounts 

12 made available in this paragraph shall remain avail13 able until September 30, 2023; and 

14 (5) $7,000,000 shall be for providing training 

15 and technical assistance to Indian tribes, Indian 

16 housing authorities, and tribally designated housing 

17 entities to support the inspection of Indian housing 

18 units, for contract expertise, and for training and 

19 technical assistance related to amounts made avail20 able under this heading and other headings in this 

21 Act for the needs of Native American families and 

22 Indian country: Provided, That of the amounts made 

23 available in this paragraph, not less than $2,000,000 

24 shall be for a national organization as authorized 

25 under section 703 of NAHASDA (25 U.S.C. 4212): 


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1 Provided further, That amounts made available in 

2 this paragraph may be used, contracted, or com3 peted as determined by the Secretary: Provided fur4 ther, That notwithstanding chapter 63 of title 31, 

5 United States Code (commonly known as the Fed6 eral Grant and Cooperative Agreements Act of 

7 1977), the amounts made available in this para8 graph may be used by the Secretary to enter into co9 operative agreements with public and private organi10 zations, agencies, institutions, and other technical 

11 assistance providers to support the administration of 

12 negotiated rulemaking under section 106 of 

13 NAHASDA (25 U.S.C. 4116), the administration of 

14 the allocation formula under section 302 of 

15 NAHASDA (25 U.S.C. 4152), and the administra16 tion of performance tracking and reporting under 

17 section 407 of NAHASDA (25 U.S.C. 4167). 

18 INDIAN HOUSING LOAN GUARANTEE FUND PROGRAM

19 ACCOUNT

20 For the cost of guaranteed loans, as authorized by 

21 section 184 of the Housing and Community Development 

22 Act of 1992 (12 U.S.C. 1715z–13a), $1,100,000, to re23 main available until expended: Provided, That such costs, 

24 including the costs of modifying such loans, shall be as 

25 defined in section 502 of the Congressional Budget Act 


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1 of 1974 (2 U.S.C. 661a): Provided further, That an addi2 tional $500,000, to remain available until expended, shall 

3 be for administrative contract expenses, including manage4 ment processes to carry out the loan guarantee program: 

5 Provided further, That for fiscal year 2021, the Secretary 

6 may subsidize total loan principal, any part of which is 

7 to be guaranteed, up to $1,000,000,000: Provided further, 

8 That any unobligated balances, including recaptures and 

9 carryover, remaining from amounts made available under 

10 this heading in prior Acts may be used for costs of such 

11 guaranteed loans, subject to the total loan principal guar12 antee limitation under the preceding proviso. 

13 NATIVE HAWAIIAN HOUSING BLOCK GRANT

14 For the Native Hawaiian Housing Block Grant pro15 gram, as authorized under title VIII of the Native Amer16 ican Housing Assistance and Self-Determination Act of 

17 1996 (25 U.S.C. 4221 et seq.), $4,000,000, to remain 

18 available until September 30, 2025: Provided, That not19 withstanding section 812(b) of such Act, the Department 

20 of Hawaiian Home Lands may not invest grant amounts 

21 made available under this heading in investment securities 

22 and other obligations: Provided further, That amounts 

23 made available under this heading in this and prior fiscal 

24 years may be used to provide rental assistance to eligible 


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1 Native Hawaiian families both on and off the Hawaiian 

2 Home Lands, notwithstanding any other provision of law. 

3 COMMUNITY PLANNING AND DEVELOPMENT

4 HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS

5 For carrying out the Housing Opportunities for Per6 sons with AIDS program, as authorized by the AIDS 

7 Housing Opportunity Act (42 U.S.C. 12901 et seq.), 

8 $430,000,000, to remain available until September 30, 

9 2022, except that amounts allocated pursuant to section 

10 854(c)(5) of such Act shall remain available until Sep11 tember 30, 2023: Provided, That the Secretary shall renew 

12 all expiring contracts for permanent supportive housing 

13 that initially were funded under section 854(c)(5) of such 

14 Act from funds made available under this heading in fiscal 

15 year 2010 and prior fiscal years that meet all program 

16 requirements before awarding funds for new contracts 

17 under such section: Provided further, That the Depart18 ment shall notify grantees of their formula allocation with19 in 60 days of enactment of this Act. 

20 COMMUNITY DEVELOPMENT FUND

21 For carrying out the community development block 

22 grant program under title I of the Housing and Commu23 nity Development Act of 1974, as amended (42 U.S.C. 

24 5301 et seq.)(in this heading ‘‘the Act’’), $3,525,000,000, 

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1 erwise specified: Provided, That unless explicitly provided 

2 for under this heading, not to exceed 20 percent of any 

3 grant made with funds made available under this heading 

4 shall be expended for planning and management develop5 ment and administration: Provided further, That a metro6 politan city, urban county, unit of general local govern7 ment, or insular area that directly or indirectly receives 

8 funds under this heading may not sell, trade, or otherwise 

9 transfer all or any portion of such funds to another such 

10 entity in exchange for any other funds, credits, or non11 Federal considerations, but shall use such funds for activi12 ties eligible under title I of the Act: Provided further, That 

13 notwithstanding section 105(e)(1) of the Act, no funds 

14 made available under this heading may be provided to a 

15 for-profit entity for an economic development project 

16 under section 105(a)(17) unless such project has been 

17 evaluated and selected in accordance with guidelines re18 quired under subsection (e)(2) of section 105: Provided 

19 further, That of the total amount provided under this 

20 heading, $25,000,000 shall be for activities authorized 

21 under section 8071 of the SUPPORT for Patients and 

22 Communities Act (Public Law 115-271): Provided further, 

23 That the funds allocated pursuant to the preceding proviso 

24 shall not adversely affect the amount of any formula as25 sistance received by a State under this heading: Provided 


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1 further, That the Secretary shall allocate the funds for 

2 such activities based on the percentages shown in Table 

3 1 of the Notice establishing the funding formula published 

4 in Volume 84 of the Federal Register, on page 16027 

5 (April 17, 2019): Provided further, That the Department 

6 of Housing and Urban Development shall notify grantees 

7 of their formula allocation within 60 days of enactment 

8 of this Act: Provided further, That the Office of the Chief 

9 Financial Officer of the Department of Housing and 

10 Urban Development and the Office of Management and 

11 Budget shall submit reports and accompanying briefings 

12 no less frequently than monthly, on the status of funds 

13 appropriated under this heading in Public Law 115-123, 

14 to include the information specified in the report accom15 panying this Act: Provided further, That, notwithstanding 

16 any other provision of law, amounts made available under 

17 this heading in Public Law 115-123 shall hereafter be ex18 empt from apportionment under chapter 15 of title 31, 

19 United States Code: Provided further, That amounts 

20 repurposed pursuant to the preceding proviso that were 

21 previously designated by the Congress as an emergency 

22 requirement pursuant to the Balanced Budget and Emer23 gency Deficit Control Act of 1985 are designated by the 

24 Congress as an emergency requirement pursuant to secVerDate Sep 11 2014 19:17 Jul 16, 2020 Jkt 099200 PO 00000 Frm 00151 Fmt 6652 Sfmt 6201 E:\BILLS\H7616.RH H7616

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1 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer2 gency Deficit Control Act of 1985. 

3 COMMUNITY DEVELOPMENT LOAN GUARANTEES

4 PROGRAM ACCOUNT

5 Subject to section 502 of the Congressional Budget 

6 Act of 1974 (2 U.S.C. 661a), during fiscal year 2021, 

7 commitments to guarantee loans under section 108 of the 

8 Housing and Community Development Act of 1974 (42 

9 U.S.C. 5308), any part of which is guaranteed, shall not 

10 exceed a total principal amount of $300,000,000, notwith11 standing any aggregate limitation on outstanding obliga12 tions guaranteed in subsection (k) of such section 108: 

13 Provided, That the Secretary shall collect fees from bor14 rowers, notwithstanding subsection (m) of such section 

15 108, to result in a credit subsidy cost of zero for guaran16 teeing such loans, and any such fees shall be collected in 

17 accordance with section 502(7) of the Congressional 

18 Budget Act of 1974: Provided further, That such commit19 ment authority funded by fees may be used to guarantee, 

20 or make commitments to guarantee, notes or other obliga21 tions issued by any State on behalf of non-entitlement 

22 communities in the State in accordance with the require23 ments of such section 108: Provided further, That any 

24 State receiving such a guarantee or commitment under the 

25 preceding proviso shall distribute all funds subject to such 


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1 guarantee to the units of general local government in non2 entitlement areas that received the commitment. 

3 HOME INVESTMENT PARTNERSHIPS PROGRAM

4 For the HOME Investment Partnerships program, as 

5 authorized under title II of the Cranston-Gonzalez Na6 tional Affordable Housing Act, as amended (42 U.S.C. 

7 12721 et seq.), $1,700,000,000, to remain available until 

8 September 30, 2024: Provided, That notwithstanding the 

9 amount made available under this heading, the threshold 

10 reduction requirements in sections 216(10) and 217(b)(4) 

11 of such Act shall not apply to allocations of such amount: 

12 Provided further, That the Department shall notify grant13 ees of their formula allocations within 60 days after enact14 ment of this Act: Provided further, That section 218(g) 

15 of such Act (42 U.S.C. 12748(g)) shall not apply with re16 spect to the right of a jurisdiction to draw funds from 

17 its HOME Investment Trust Fund that otherwise expired 

18 or would expire in 2016, 2017, 2018, 2019, 2020, 2021, 

19 2022, or 2023 under that section: Provided further, That 

20 section 231(b) of such Act (42 U.S.C. 12771(b)) shall not 

21 apply to any uninvested funds that otherwise were de22 ducted or would be deducted from the line of credit in 

23 the participating jurisdiction’s HOME Investment Trust 

24 Fund in 2018, 2019, 2020, 2021, 2022, or 2023 under 

25 that section. 


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1 SELF-HELP AND ASSISTED HOMEOWNERSHIP

2 OPPORTUNITY PROGRAM

3 For the Self-Help and Assisted Homeownership Op4 portunity Program, as authorized under section 11 of the 

5 Housing Opportunity Program Extension Act of 1996 (42 

6 U.S.C. 12805 note), $60,000,000, to remain available 

7 until September 30, 2023: Provided, That of the total 

8 amount made available under this heading, $10,000,000 

9 shall be for the Self-Help Homeownership Opportunity 

10 Program as authorized under such section 11: Provided 

11 further, That of the total amount made available under 

12 this heading, $45,000,000 shall be for the second, third, 

13 and fourth capacity building entities specified in section 

14 4(a) of the HUD Demonstration Act of 1993 (42 U.S.C. 

15 9816 note), of which not less than $5,000,000 shall be 

16 for rural capacity building activities: Provided further, 

17 That of the total amount made available under this head18 ing, $5,000,000 shall be for capacity building by national 

19 rural housing organizations having experience assessing 

20 national rural conditions and providing financing, train21 ing, technical assistance, information, and research to 

22 local nonprofit organizations, local governments, and In23 dian Tribes serving high need rural communities. 


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1 HOMELESS ASSISTANCE GRANTS

2 For assistance under title IV of the McKinney-Vento 

3 Homeless Assistance Act (42 U.S.C. 11360 et seq.), 

4 $3,415,000,000, to remain available until September 30, 

5 2023: Provided, That of the amounts made available 

6 under this heading— 

7 (1) not less than $290,000,000 shall be for the 

8 Emergency Solutions Grants program authorized 

9 under subtitle B of such title IV (42 U.S.C. 11371 

10 et seq.): Provided further, That the Department shall 

11 notify grantees of their formula allocation from 

12 amounts allocated (which may represent initial or 

13 final amounts allocated) for the Emergency Solu14 tions Grant program not later than 60 days after 

15 enactment of this Act; 

16 (2) not less than $2,586,000,000 shall be for 

17 the Continuum of Care program authorized under 

18 subtitle C of such title IV (42 U.S.C. 11381 et seq.) 

19 and the Rural Housing Stability Assistance pro20 grams authorized under subtitle D of such title IV 

21 (42 U.S.C. 11408): Provided further, That the Sec22 retary shall prioritize funding under the Continuum 

23 of Care program to continuums of care that have 

24 demonstrated a capacity to reallocate funding from 

25 lower performing projects to higher performing 


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1 projects: Provided further, That the Secretary shall 

2 provide incentives to create projects that coordinate 

3 with housing providers and healthcare organizations 

4 to provide permanent supportive housing and rapid 

5 re-housing services: Provided further, That amounts 

6 made available for the Continuum of Care program 

7 under this heading in this and prior Acts may be 

8 used to competitively or non-competitively renew or 

9 replace grants for youth homeless demonstration 

10 projects under the Continuum of Care program, not11 withstanding any conflict with the requirements of 

12 the Continuum of Care program; 

13 (3) up to $75,000,000 shall be for grants for 

14 rapid re-housing projects and supportive service 

15 projects providing coordinated entry, and for eligible 

16 activities the Secretary determines to be critical in 

17 order to assist survivors of domestic violence, dating 

18 violence, sexual assault, or stalking, except that the 

19 Secretary may make additional grants for such 

20 projects and purposes from amounts made available 

21 for such Continuum of Care program: Provided fur22 ther, That such projects shall be eligible for renewal 

23 under the Continuum of Care program subject to 

24 the same terms and conditions as other renewal ap25 plicants; 


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1 (4) up to $7,000,000 shall be for the national 

2 homeless data analysis project; 

3 (5) up to $82,000,000 shall be for grants for 

4 projects awarded to communities for the purpose of 

5 providing housing and services to unaccompanied 

6 youth who are homeless, as defined in section 

7 103(a)(6) of the McKinney-Vento Homeless Assist8 ance Act (42 U.S.C. 11302(a)(6)) or any other Fed9 eral statute, except that the Secretary may make ad10 ditional grants for such projects and purposes from 

11 amounts made available for such Continuum of Care 

12 program; 

13 (6) up to $70,000,000 shall be for Youth 

14 Homelessness Systems Planning Grants to support 

15 Continuum of Care communities in modernizing 

16 youth homelessness responses through systems 

17 change and capacity building: 

18 (7) up to $10,000,000 shall be for providing 

19 technical assistance on improving system responses 

20 to youth homelessness and collection, analysis, use, 

21 and reporting of data and performance measures 

22 under the comprehensive approaches to serve home23 less youth, in addition to and in coordination with 

24 other technical assistance funds provided under this 

25 title; 


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1 (8) $250,000,000 shall be for projects to reduce 

2 unsheltered homelessness: Provided further, That in 

3 making awards with the amounts provided in this 

4 paragraph, the Secretary shall give priority to 

5 projects located in areas with high numbers or rates 

6 of unsheltered homeless or high rates of increase in 

7 the number of unsheltered homeless: Provided fur8 ther, That the Secretary shall provide incentives to 

9 establish projects that coordinate with housing pro10 viders, healthcare organizations and social service 

11 providers to reduce unsheltered homelessness: Pro12 vided further, That none of the funds provided in 

13 this paragraph may be used to require people experi14 encing homelessness to receive treatment or perform 

15 any other prerequisite activities as a condition for 

16 receiving shelter, housing or other services; 

17 (9) $25,000,000 shall be for competitive grants 

18 to nonprofit or governmental entities to provide legal 

19 assistance (including assistance related to pretrial 

20 activities, trial activities, post-trial activities and al21 ternative dispute resolution) at no cost to eligible 

22 low-income tenants at risk of or subject to eviction: 

23 Provided further, That in awarding grants under the 

24 preceding proviso, the Secretary shall give preference 

25 to applicants that will use funds to provide services 


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1 for residents of census tracts with high rates of evic2 tion, have experience providing no-cost legal assist3 ance to low-income individuals, including those with 

4 limited English proficiency or disabilities, and have 

5 sufficient capacity to administer such assistance: 

6 Provided further, That the Secretary shall ensure, to 

7 the extent practicable, that the proportion of eligible 

8 tenants living in rural areas who will receive legal 

9 assistance with grants funds made available under 

10 this section is not less than the overall proportion of 

11 eligible tenants who live in rural areas; and 

12 (10) $20,000,000 shall be for providing tech13 nical assistance as authorized under section 405 of 

14 the McKinney-Vento Homeless Assistance Act (42 

15 U.S.C. 11361b): 

16 Provided further, That youth aged 24 and under seeking 

17 assistance under this heading shall not be required to pro18 vide third party documentation to establish their eligibility 

19 under subsection (a) or (b) of section 103 of the McKin20 ney-Vento Homeless Assistance Act (42 U.S.C. 11302) to 

21 receive services: Provided further, That unaccompanied 

22 youth aged 24 and under or families headed by youth aged 

23 24 and under who are living in unsafe situations may be 

24 served by youth-serving providers funded under this head25 ing: Provided further, That for all matching funds requireVerDate Sep 11 2014 19:17 Jul 16, 2020 Jkt 099200 PO 00000 Frm 00159 Fmt 6652 Sfmt 6201 E:\BILLS\H7616.RH H7616

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1 ments applicable to funds made available under this head2 ing for this fiscal year and prior fiscal years, a grantee 

3 may use (or could have used) as a source of match funds 

4 other funds administered by the Secretary and other Fed5 eral agencies unless there is (or was) a specific statutory 

6 prohibition on any such use of any such funds: Provided 

7 further, That none of the funds made available under this 

8 heading shall be available to provide funding for new 

9 projects, except for projects created through reallocation, 

10 unless the Secretary determines that the Continuum of 

11 Care has demonstrated that projects are evaluated and 

12 ranked based on the degree to which they improve the 

13 Continuum of Care’s system performance: Provided fur14 ther, That any unobligated amounts remaining from funds 

15 made available under this heading in fiscal year 2012 and 

16 prior years for project-based rental assistance for rehabili17 tation projects with 10-year grant terms may be used for 

18 purposes under this heading, notwithstanding the pur19 poses for which such funds were appropriated: Provided 

20 further, That all balances for Shelter Plus Care renewals 

21 previously funded from the Shelter Plus Care Renewal ac22 count and transferred to this account shall be available, 

23 if recaptured, for Continuum of Care renewals in fiscal 

24 year 2021: Provided further, That when awarding funds 

25 under the Continuum of Care program, the Secretary shall 


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1 not deviate from the Fiscal Year 2018 Notice of Funding 

2 Availability with respect to the tier 2 funding process, the 

3 Continuum of Care application scoring, and, for new 

4 projects, the project quality threshold requirements, ex5 cept as otherwise provided under this Act or as necessary 

6 to award all available funds or consider the most recent 

7 data from each Continuum of Care: Provided further, That 

8 unobligated balances, including recaptures and carryover, 

9 remaining from funds transferred to or appropriated 

10 under this heading shall be available for the current pur11 poses authorized under this heading in addition to the pur12 poses for which such funds originally were appropriated. 

13 HOUSING PROGRAMS

14 PROJECT-BASED RENTAL ASSISTANCE

15 For activities and assistance for the provision of 

16 project-based subsidy contracts under the United States 

17 Housing Act of 1937 (42 U.S.C. 1437 et seq.) (in this 

18 heading ‘‘the Act’’), not otherwise provided for, 

19 $13,051,000,000, to remain available until expended, 

20 which shall be available on October 1, 2020 (in addition 

21 to the $400,000,000 previously appropriated under this 

22 heading that became available October 1, 2020), and 

23 $400,000,000, to remain available until expended, which 

24 shall be available on October 1, 2021: Provided, That the 

25 amounts made available under this heading shall be for 


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1 expiring or terminating section 8 project-based subsidy 

2 contracts (including section 8 moderate rehabilitation con3 tracts), for amendments to section 8 project-based subsidy 

4 contracts (including section 8 moderate rehabilitation con5 tracts), for contracts entered into pursuant to section 441 

6 of the McKinney-Vento Homeless Assistance Act (42 

7 U.S.C. 11401), for renewal of section 8 contracts for units 

8 in projects that are subject to approved plans of action 

9 under the Emergency Low Income Housing Preservation 

10 Act of 1987 or the Low-Income Housing Preservation and 

11 Resident Homeownership Act of 1990, and for administra12 tive and other expenses associated with project-based ac13 tivities and assistance funded under this heading: Provided 

14 further, That of the total amounts made available under 

15 this heading, not to exceed $350,000,000 shall be for per16 formance-based contract administrators or contractors for 

17 section 8 project-based assistance, as such term is defined 

18 in subsection (f) of such section: Provided further, That 

19 the Secretary may also use such amounts provided in the 

20 preceding proviso for performance-based contract adminis21 trators or contractors for the administration of: (1) inter22 est reduction payments pursuant to section 236(a) of the 

23 National Housing Act (12 U.S.C. 1715z–1(a)); (2) rent 

24 supplement payments pursuant to section 101 of the 

25 Housing and Urban Development Act of 1965 (12 U.S.C. 


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1 1701s); (3) rental assistance payments under section 

2 236(f)(2) of the National Housing Act (12 U.S.C. 1715z– 

3 1(f)(2)); (4) project rental assistance contracts for hous4 ing for the elderly under section 202(c)(2) of the Housing 

5 Act of 1959 (12 U.S.C. 1701(c)(2)); (5) project rental as6 sistance contracts for supportive housing for persons with 

7 disabilities under section 811(d)(2) of the Cranston-Gon8 zalez National Affordable Housing Act (42 U.S.C. 

9 8013(d)(2)); (6) project assistance contracts pursuant to 

10 section 202(h) of the Housing Act of 1959 (12 U.S.C. 

11 1701q(h)); and (7) loans under section 202 of the Housing 

12 Act of 1959 (12 U.S.C. 1701q): Provided further, That 

13 amounts recaptured under this heading, the heading ‘‘An14 nual Contributions for Assisted Housing’’, or the heading 

15 ‘‘Housing Certificate Fund’’, may be used for renewals of 

16 or amendments to section 8 project-based assistance con17 tracts or for performance-based contract administrators or 

18 contractors, notwithstanding the purposes for which such 

19 amounts were appropriated: Provided further, That, not20 withstanding any other provision of law, upon the request 

21 of the Secretary, project funds that are held in residual 

22 receipts accounts for any project subject to a section 8 

23 project-based Housing Assistance Payments contract that 

24 authorizes the Department or a housing finance agency 

25 to require that surplus project funds be deposited in an 


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1 interest-bearing residual receipts account and that are in 

2 excess of an amount to be determined by the Secretary, 

3 shall be recaptured for use under this heading and shall 

4 be available until expended. 

5 HOUSING FOR THE ELDERLY

6 For capital advances, including amendments to cap7 ital advance contracts, for housing for the elderly, as au8 thorized by section 202 of the Housing Act of 1959 (12 

9 U.S.C. 1701q), for project rental assistance for the elderly 

10 under section 202(c)(2) of such Act, including amend11 ments to contracts for such assistance and renewal of ex12 piring contracts for such assistance for up to a 1-year 

13 term, for senior preservation rental assistance contracts, 

14 including renewals, as authorized by section 811(e) of the 

15 American Homeownership and Economic Opportunity Act 

16 of 2000 (12 U.S.C. 1701q note), and for supportive serv17 ices associated with the housing, $893,000,000 to remain 

18 available until September 30, 2024: Provided, That of the 

19 amount made available under this heading, up to 

20 $110,000,000 shall be for service coordinators and the 

21 continuation of existing congregate service grants for resi22 dents of assisted housing projects: Provided further, That 

23 amounts made available under this heading shall be avail24 able for Real Estate Assessment Center inspections and 

25 inspection-related activities associated with section 202 


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1 projects: Provided further, That the Secretary may waive 

2 the provisions of section 202 governing the terms and con3 ditions of project rental assistance, except that the initial 

4 contract term for such assistance shall not exceed 5 years 

5 in duration: Provided further, That upon request of the 

6 Secretary, project funds that are held in residual receipts 

7 accounts for any project subject to a section 202 project 

8 rental assistance contract, and that upon termination of 

9 such contract are in excess of an amount to be determined 

10 by the Secretary, shall be recaptured for use for the pur11 poses authorized under this heading and shall remain 

12 available until September 30, 2024: Provided further, That 

13 unobligated balances, including recaptures and carryover, 

14 remaining from funds transferred to or made available 

15 under this heading shall be available for the purposes au16 thorized under this heading in addition to the purposes 

17 for which such funds originally were appropriated: Pro18 vided further, That of the total amount made available 

19 under this heading, up to $14,000,000 shall be used by 

20 the Secretary to continue demonstration programs to test 

21 housing with services models for the elderly that dem22 onstrate the potential to delay or avoid the need for nurs23 ing home care: Provided further, That of the total amount 

24 made available under this heading, up to $10,000,000 

25 shall be used to expand the supply of intergenerational 


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1 dwelling units (as such term is defined in section 202 of 

2 the Legacy Act of 2003 (12 U.S.C. 1701q note)) for elder3 ly caregivers raising children. 

4 HOUSING FOR PERSONS WITH DISABILITIES

5 For capital advances, including amendments to cap6 ital advance contracts, for supportive housing for persons 

7 with disabilities, as authorized by section 811 of the Cran8 ston-Gonzalez National Affordable Housing Act (42 

9 U.S.C. 8013), for project rental assistance for supportive 

10 housing for persons with disabilities under section 

11 811(d)(2) of such Act, for project assistance contracts 

12 pursuant to subsection (h) of section 202 of the Housing 

13 Act of 1959, as added by section 205(a) of the Housing 

14 and Community Development Amendments of 1978 (Pub15 lic Law 95-557: 92 Stat. 2090), including amendments to 

16 contracts for such assistance and renewal of expiring con17 tracts for such assistance for up to a 1-year term, for 

18 project rental assistance to State housing finance agencies 

19 and other appropriate entities as authorized under section 

20 811(b)(3) of the Cranston-Gonzalez National Affordable 

21 Housing Act, and for supportive services associated with 

22 the housing for persons with disabilities as authorized by 

23 section 811(b)(1) of such Act, $227,000,000, to remain 

24 available until September 30, 2024: Provided, That 

25 amounts made available under this heading shall be availVerDate Sep 11 2014 19:17 Jul 16, 2020 Jkt 099200 PO 00000 Frm 00166 Fmt 6652 Sfmt 6201 E:\BILLS\H7616.RH H7616

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1 able for Real Estate Assessment Center inspections and 

2 inspection-related activities associated with section 811 

3 projects: Provided further, That, upon the request of the 

4 Secretary, project funds that are held in residual receipts 

5 accounts for any project subject to a section 811 project 

6 rental assistance contract, and that upon termination of 

7 such contract are in excess of an amount to be determined 

8 by the Secretary, shall be recaptured for use for the pur9 poses authorized under this heading and shall remain 

10 available until September 30, 2024: Provided further, That 

11 unobligated balances, including recaptures and carryover, 

12 remaining from funds transferred to or appropriated 

13 under this heading shall be used for the purposes author14 ized under this heading in addition to the purposes for 

15 which such funds originally were appropriated. 

16 HOUSING COUNSELING ASSISTANCE

17 For contracts, grants, and other assistance, excluding 

18 loans, as authorized under section 106 of the Housing and 

19 Urban Development Act of 1968 (12 U.S.C. 1701x), 

20 $75,000,000, to remain available until September 30, 

21 2022, of which up to $4,500,000 shall be for administra22 tive contract services: Provided, That grants using 

23 amounts made available under this heading shall be 

24 awarded within 180 days of enactment of this Act: Pro25 vided further, That funds shall be used for providing counVerDate Sep 11 2014 19:17 Jul 16, 2020 Jkt 099200 PO 00000 Frm 00167 Fmt 6652 Sfmt 6201 E:\BILLS\H7616.RH H7616

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1 seling and advice to tenants and homeowners, current and 

2 prospective, with respect to property maintenance, finan3 cial management and literacy, foreclosure and eviction 

4 mitigation, and such other matters as may be appropriate 

5 to assist them in improving their housing conditions, meet6 ing their financial needs, and fulfilling the responsibilities 

7 of tenancy or homeownership; for program administration; 

8 and for housing counselor training: Provided further, That 

9 amounts made available under this heading may be used 

10 to purchase equipment and technology to deliver services 

11 through use of the Internet or other electronic or virtual 

12 means in response to the public health emergency related 

13 to the Coronavirus Disease 2019 (COVID-19) pandemic: 

14 Provided further, That for purposes of providing such 

15 grants from amounts made available under this heading, 

16 the Secretary may enter into multiyear agreements, as ap17 propriate, subject to the availability of annual appropria18 tions. 

19 PAYMENT TO MANUFACTURED HOUSING FEES TRUST

20 FUND

21 For necessary expenses as authorized by the National 

22 Manufactured Housing Construction and Safety Stand23 ards Act of 1974 (42 U.S.C. 5401 et seq.), up to 

24 $13,000,000, to remain available until expended, of which 

25 $13,000,000 shall be derived from the Manufactured 


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1 Housing Fees Trust Fund (established under section 

2 620(e) of such Act (42 U.S.C. 5419(e)): Provided, That 

3 not to exceed the total amount appropriated under this 

4 heading shall be available from the general fund of the 

5 Treasury to the extent necessary to incur obligations and 

6 make expenditures pending the receipt of collections to the 

7 Fund pursuant to section 620 of such Act: Provided fur8 ther, That the amount made available under this heading 

9 from the general fund shall be reduced as such collections 

10 are received during fiscal year 2021 so as to result in a 

11 final fiscal year 2021 appropriation from the general fund 

12 estimated at zero, and fees pursuant to such section 620 

13 shall be modified as necessary to ensure such a final fiscal 

14 year 2021 appropriation: Provided further, That the Sec15 retary shall issue a final rule to complete rulemaking initi16 ated by the proposed rule entitled ‘‘Manufactured Housing 

17 Program: Minimum Payments to the States’’ published in 

18 the Federal Register on December 16, 2016 (81 Fed. Reg. 

19 91083): Provided further, That for the dispute resolution 

20 and installation programs, the Secretary may assess and 

21 collect fees from any program participant: Provided fur22 ther, That such collections shall be deposited into the 

23 Trust Fund, and the Secretary, as provided herein, may 

24 use such collections, as well as fees collected under section 

25 620 of such Act, for necessary expenses of such Act: ProVerDate Sep 11 2014 19:17 Jul 16, 2020 Jkt 099200 PO 00000 Frm 00169 Fmt 6652 Sfmt 6201 E:\BILLS\H7616.RH H7616

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1 vided further, That, notwithstanding the requirements of 

2 section 620 of such Act, the Secretary may carry out re3 sponsibilities of the Secretary under such Act through the 

4 use of approved service providers that are paid directly 

5 by the recipients of their services. 

6 FEDERAL HOUSING ADMINISTRATION

7 MUTUAL MORTGAGE INSURANCE PROGRAM ACCOUNT

8 New commitments to guarantee single family loans 

9 insured under the Mutual Mortgage Insurance Fund (es10 tablished under section 202(a) of the National Housing 

11 Act (12 U.S.C. 1708(a)) shall not exceed 

12 $400,000,000,000 in aggregate loan principal, to remain 

13 available until September 30, 2022: Provided, That during 

14 fiscal year 2021, obligations to make direct loans to carry 

15 out the purposes of section 204(g) of the National Hous16 ing Act (12 U.S.C. 1710(g)) shall not exceed $1,000,000: 

17 Provided further, That the amount in the preceding pro18 viso shall be for loans to nonprofit and governmental enti19 ties in connection with sales of single family real prop20 erties owned by the Secretary and formerly insured under 

21 the Mutual Mortgage Insurance Fund: Provided further, 

22 That for administrative contract expenses of the Federal 

23 Housing Administration, $130,000,000, to remain avail24 able until September 30, 2022: Provided further, That to 

25 the extent guaranteed loan commitments exceed 


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1 $200,000,000,000 on or before April 1, 2021, an addi2 tional $1,400 for administrative contract expenses shall be 

3 available for each $1,000,000 in additional guaranteed 

4 loan commitments (including a pro rata amount for any 

5 amount below $1,000,000), but in no case shall funds 

6 made available by this proviso exceed $30,000,000: Pro7 vided further, That notwithstanding the limitation in the 

8 first sentence of section 255(g) of the National Housing 

9 Act (12 U.S.C. 1715z–20(g)), during fiscal year 2021 the 

10 Secretary may insure and enter into new commitments to 

11 insure mortgages under section 255 of such Act only to 

12 the extent that the net credit subsidy cost for such insur13 ance does not exceed zero: Provided further, That for fiscal 

14 year 2021, the Secretary shall not take any action against 

15 a lender solely on the basis of compare ratios that have 

16 been adversely affected by defaults on mortgages secured 

17 by properties in areas where a major disaster was declared 

18 in 2017 or 2018 pursuant to the Robert T. Stafford Dis19 aster Relief and Emergency Assistance Act (42 U.S.C. 

20 5121 et seq.). 

21 GENERAL AND SPECIAL RISK PROGRAM ACCOUNT

22 New commitments to guarantee loans insured under 

23 the General and Special Risk Insurance Funds, as author24 ized by sections 238 and 519 of the National Housing Act 

25 (12 U.S.C. 1715z–3 and 1735c), shall not exceed 


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1 $30,000,000,000 in aggregate loan principal, any part of 

2 which is to be guaranteed, to remain available until Sep3 tember 30, 2022: Provided, That during fiscal year 2021, 

4 gross obligations for the principal amount of direct loans, 

5 as authorized by sections 204(g), 207(l), 238, and 519(a) 

6 of the National Housing Act, shall not exceed $1,000,000, 

7 which shall be for loans to nonprofit and governmental en8 tities in connection with the sale of single family real prop9 erties owned by the Secretary and formerly insured under 

10 such Act. 

11 GOVERNMENT NATIONAL MORTGAGE ASSOCIATION

12 GUARANTEES OF MORTGAGE-BACKED SECURITIES LOAN

13 GUARANTEE PROGRAM ACCOUNT

14 New commitments to issue guarantees to carry out 

15 the purposes of section 306(g) of the National Housing 

16 Act, as amended (12 U.S.C. 1721(g)), shall not exceed 

17 $1,500,000,000,000 in aggregate principal, to remain 

18 available until September 30, 2022: Provided, That 

19 $55,500,000, to remain available until September 30, 

20 2022, shall be for necessary salaries and expenses of the 

21 Office of Government National Mortgage Association: Pro22 vided further, That to the extent that guaranteed loan 

23 commitments exceed $155,000,000,000 on or before April 

24 1, 2021, an additional $100 for necessary salaries and ex25 penses shall be available until expended for each 


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1 $1,000,000 in additional guaranteed loan commitments 

2 (including a pro rata amount for any amount below 

3 $1,000,000), but in no case shall funds made available by 

4 this proviso exceed $3,000,000: Provided further, That re5 ceipts from Commitment and Multiclass fees collected pur6 suant to title III of the National Housing Act (12 U.S.C. 

7 1716 et seq.) shall be credited as offsetting collections to 

8 this account. 

9 POLICY DEVELOPMENT AND RESEARCH

10 RESEARCH AND TECHNOLOGY

11 For contracts, grants, and necessary expenses of pro12 grams of research and studies relating to housing and 

13 urban problems, not otherwise provided for, as authorized 

14 by title V of the Housing and Urban Development Act 

15 of 1970 (12 U.S.C. 1701z-1 et seq.), including carrying 

16 out the functions of the Secretary of Housing and Urban 

17 Development under section 1(a)(1)(i) of Reorganization 

18 Plan No. 2 of 1968, and for technical assistance, 

19 $118,000,000, to remain available until September 30, 

20 2022: Provided, That with respect to amounts made avail21 able under this heading, notwithstanding section 203 of 

22 this title, the Secretary may enter into cooperative agree23 ments with philanthropic entities, other Federal agencies, 

24 State or local governments and their agencies, Indian 

25 tribes, tribally designated housing entities, or colleges or 


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1 universities for research projects: Provided further, That 

2 with respect to the preceding proviso, such partners to the 

3 cooperative agreements shall contribute at least a 50 per4 cent match toward the cost of the project: Provided fur5 ther, That for non-competitive agreements entered into in 

6 accordance with the preceding two provisos, the Secretary 

7 shall comply with section 2(b) of the Federal Funding Ac8 countability and Transparency Act of 2006 (Public Law 

9 109-282, 31 U.S.C. note) in lieu of compliance with sec10 tion 102(a)(4)(C) of the Department of Housing and 

11 Urban Development Reform Act of 1989 (42 U.S.C. 

12 3545(a)(4)(C)) with respect to documentation of award 

13 decisions: Provided further, That prior to obligation of 

14 technical assistance funding, the Secretary shall submit a 

15 plan to the House and Senate Committees on Appropria16 tions on how the Secretary will allocate funding for this 

17 activity at least 30 days prior to obligation: Provided fur18 ther, That none of the funds provided under this heading 

19 may be available for the doctoral dissertation research 

20 grant program. 

21 FAIR HOUSING AND EQUAL OPPORTUNITY

22 FAIR HOUSING ACTIVITIES

23 For contracts, grants, and other assistance, not oth24 erwise provided for, as authorized by title VIII of the Civil 

25 Rights Act of 1968 (42 U.S.C. 3601 et seq.), and section 


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1 561 of the Housing and Community Development Act of 

2 1987 (42 U.S.C. 3616a), $80,300,000, to remain available 

3 until September 30, 2022: Provided, That grants from 

4 amounts made available under this heading shall be 

5 awarded not later than 180 days after enactment of this 

6 Act: Provided further, That notwithstanding section 3302 

7 of title 31, United States Code, the Secretary may assess 

8 and collect fees to cover the costs of the Fair Housing 

9 Training Academy, and may use such funds to develop on10 line courses and provide such training: Provided further, 

11 That none of the funds made available under this heading 

12 may be used to lobby the executive or legislative branches 

13 of the Federal Government in connection with a specific 

14 contract, grant, or loan: Provided further, That of the 

15 funds made available under this heading, $350,000 shall 

16 be available to the Secretary for the creation and pro17 motion of translated materials and other programs that 

18 support the assistance of persons with limited English pro19 ficiency in utilizing the services provided by the Depart20 ment of Housing and Urban Development. 


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1 OFFICE OF LEAD HAZARD CONTROL AND HEALTHY

2 HOMES

3 LEAD HAZARD REDUCTION

4 (INCLUDING TRANSFER OF FUNDS)

5 For the Lead Hazard Reduction Program, as author6 ized by section 1011 of the Residential Lead-Based Paint 

7 Hazard Reduction Act of 1992 (42 U.S.C. 4852), 

8 $340,000,000, to remain available until September 30, 

9 2023, of which $70,000,000 shall be for the Healthy 

10 Homes Initiative, pursuant to sections 501 and 502 of the 

11 Housing and Urban Development Act of 1970 (42 U.S.C. 

12 1701z-1, 1701z-2), which shall include research, studies, 

13 testing, and demonstration efforts, including education 

14 and outreach concerning lead-based paint poisoning and 

15 other housing related diseases and hazards: Provided, 

16 That for purposes of environmental review, pursuant to 

17 the National Environmental Policy Act of 1969 (42 U.S.C. 

18 4321 et seq.) and other provisions of law that further the 

19 purposes of such Act, a grant under the Healthy Homes 

20 Initiative, or the Lead Technical Studies program under 

21 this heading or under prior appropriations Acts for such 

22 purposes under this heading, shall be considered to be 

23 funds for a special project for purposes of section 305(c) 

24 of the Multifamily Housing Property Disposition Reform 

25 Act of 1994 (42 U.S.C. 3547(c)): Provided further, That 


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1 not less than $95,000,000 of the amounts made available 

2 under this heading for the award of grants pursuant to 

3 section 1011 of the Residential Lead-Based Paint Hazard 

4 Reduction Act of 1992 shall be provided to areas with the 

5 highest lead-based paint abatement needs: Provided fur6 ther, That of the amounts made available for the Healthy 

7 Homes Initiative, $5,000,000 shall be for the implementa8 tion of projects in up to 5 communities that are served 

9 by both the Healthy Homes Initiative and the Department 

10 of Energy Weatherization Assistance Program to dem11 onstrate whether the coordination of Healthy Homes re12 mediation activities with weatherization activities achieves 

13 cost savings and better outcomes in improving the safety 

14 and quality of homes: Provided further, That $30,000,000 

15 of the amounts made available under this heading shall 

16 be for a lead risk assessment demonstration for public 

17 housing agencies to conduct lead hazard screenings or lead 

18 risk assessments during housing quality standards inspec19 tions of units in which a family receiving assistance under 

20 section 8(o) of the U.S. Housing Act of 1937 (42 U.S.C. 

21 1437f(o)) resides or expects to reside, and has or expects 

22 to have a child under age 6 residing in the unit, while 

23 preserving rental housing availability and affordability: 

24 Provided further, That each applicant shall certify ade25 quate capacity that is acceptable to the Secretary to carry 


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1 out the proposed use of funds pursuant to a notice of 

2 funding availability: Provided further, That amounts made 

3 available under this heading in this or prior appropriations 

4 Acts, still remaining available, may be used for any pur5 pose under this heading notwithstanding the purpose for 

6 which such amounts were appropriated if a program com7 petition is undersubscribed and there are other program 

8 competitions under this heading that are oversubscribed: 

9 Provided further, That up to $2,000,000 of the amounts 

10 made available under this heading may be transferred to 

11 the heading ‘‘Policy Development and Research’’ for the 

12 purposes of conducting research and studies and for use 

13 in accordance with the provisos under that heading for 

14 non-competitive agreements. 

15 CYBERSECURITY AND INFORMATION TECHNOLOGY FUND

16 (INCLUDING TRANSFER OF FUNDS)

17 For the mitigation against the exploitation of infor18 mation technology systems and personal identifiable infor19 mation and for the development, modernization, and en20 hancement of, modifications to, and infrastructure for De21 partment-wide and program-specific information tech22 nology systems, for the continuing operation and mainte23 nance of both Department-wide and program-specific in24 formation systems, and for program-related maintenance 

25 activities, $293,000,000, of which $269,800,000 shall reVerDate Sep 11 2014 19:17 Jul 16, 2020 Jkt 099200 PO 00000 Frm 00178 Fmt 6652 Sfmt 6201 E:\BILLS\H7616.RH H7616

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1 main available until September 30, 2022, $20,000,000 

2 shall remain available until September 30, 2023, and 

3 $3,200,000 shall remain available until September 30, 

4 2024: Provided, That any amounts transferred to this 

5 Fund under this Act shall remain available until expended: 

6 Provided further, That any amounts transferred to this 

7 Fund from amounts appropriated by previously enacted 

8 appropriations Acts may be used for the purposes specified 

9 under this Fund, in addition to any other information 

10 technology purposes for which such amounts were appro11 priated: Provided further, That not more than 10 percent 

12 of the funds made available under this heading for devel13 opment, modernization and enhancement may be obligated 

14 until the Secretary submits a performance plan to the 

15 House and Senate Committees on Appropriations for ap16 proval. 

17 OFFICE OF INSPECTOR GENERAL

18 For necessary salaries and expenses of the Office of 

19 Inspector General in carrying out the Inspector General 

20 Act of 1978, as amended, $145,514,000: Provided, That 

21 the Inspector General shall have independent authority 

22 over all personnel issues within this office. 


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1 GENERAL PROVISIONS—DEPARTMENT OF HOUSING AND

2 URBAN DEVELOPMENT

3 (INCLUDING TRANSFER OF FUNDS)

4 (INCLUDING RESCISSIONS)

5 SEC. 201. Fifty percent of the amounts of budget au6 thority, or in lieu thereof 50 percent of the cash amounts 

7 associated with such budget authority, that are recaptured 

8 from projects described in section 1012(a) of the Stewart 

9 B. McKinney Homeless Assistance Amendments Act of 

10 1988 (42 U.S.C. 1437f note) shall be rescinded or in the 

11 case of cash, shall be remitted to the Treasury, and such 

12 amounts of budget authority or cash recaptured and not 

13 rescinded or remitted to the Treasury shall be used by 

14 State housing finance agencies or local governments or 

15 local housing agencies with projects approved by the Sec16 retary of Housing and Urban Development for which set17 tlement occurred after January 1, 1992, in accordance 

18 with such section. Notwithstanding the previous sentence, 

19 the Secretary may award up to 15 percent of the budget 

20 authority or cash recaptured and not rescinded or remitted 

21 to the Treasury to provide project owners with incentives 

22 to refinance their project at a lower interest rate. 

23 SEC. 202. None of the funds made available by this 

24 Act may be used during fiscal year 2021 to investigate 

25 or prosecute under the Fair Housing Act any otherwise 


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1 lawful activity engaged in by one or more persons, includ2 ing the filing or maintaining of a nonfrivolous legal action, 

3 that is engaged in solely for the purpose of achieving or 

4 preventing action by a Government official or entity, or 

5 a court of competent jurisdiction. 

6 SEC. 203. Except as explicitly provided in law, any 

7 grant, cooperative agreement or other assistance made 

8 pursuant to title II of this Act shall be made on a competi9 tive basis and in accordance with section 102 of the De10 partment of Housing and Urban Development Reform Act 

11 of 1989 (42 U.S.C. 3545). 

12 SEC. 204. Funds of the Department of Housing and 

13 Urban Development subject to chapter 91 of title 31, 

14 United States Code, commonly known as the Government 

15 Corporation Control Act, shall be available, without regard 

16 to the limitations on administrative expenses, for legal 

17 services on a contract or fee basis, and for utilizing and 

18 making payment for services and facilities of the Federal 

19 National Mortgage Association, Government National 

20 Mortgage Association, Federal Home Loan Mortgage Cor21 poration, Federal Financing Bank, Federal Reserve banks 

22 or any member thereof, Federal Home Loan banks, and 

23 any insured bank within the meaning of the Federal De24 posit Insurance Act (12 U.S.C. 1811 et seq.). 


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1 SEC. 205. Unless otherwise provided for in this Act 

2 or through a reprogramming of funds, no part of any ap3 propriation for the Department of Housing and Urban 

4 Development shall be available for any program, project 

5 or activity in excess of amounts set forth in the budget 

6 estimates submitted to Congress. 

7 SEC. 206. Corporations and agencies of the Depart8 ment of Housing and Urban Development that are subject 

9 to chapter 91 of title 31, United States Code, commonly 

10 known as the Government Corporation Control Act, are 

11 hereby authorized to make such expenditures, within the 

12 limits of funds and borrowing authority available to each 

13 such corporation or agency and in accordance with law, 

14 and to make such contracts and commitments without re15 gard to fiscal year limitations as provided by section 9104 

16 of title 31 as may be necessary in carrying out the pro17 grams set forth in the budget for 2021 for such corpora18 tion or agency except as hereinafter provided: Provided, 

19 That collections of these corporations and agencies may 

20 be used for new loan or mortgage purchase commitments 

21 only to the extent expressly provided for in this Act (unless 

22 such loans are in support of other forms of assistance pro23 vided for in this or prior appropriations Acts), except that 

24 this proviso shall not apply to the mortgage insurance or 

25 guaranty operations of such corporations, or to loans or 


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1 mortgage purchases that are necessary to protect the fi2 nancial interest of the United States Government. 

3 SEC. 207. The Secretary shall provide quarterly re4 ports to the House and Senate Committees on Appropria5 tions regarding all uncommitted, unobligated, recaptured 

6 and excess funds in each program and activity within the 

7 jurisdiction of the Department and shall submit addi8 tional, updated budget information to these Committees 

9 upon request. 

10 SEC. 208. None of the funds made available by this 

11 title may be used for an audit of the Government National 

12 Mortgage Association that makes applicable requirements 

13 under the Federal Credit Reform Act of 1990 (2 U.S.C. 

14 661 et seq.). 

15 SEC. 209. (a) Notwithstanding any other provision 

16 of law, subject to the conditions under this section, for 

17 fiscal years 2021 and 2022, the Secretary may authorize 

18 the transfer of some or all project-based assistance, debt 

19 held or insured by the Secretary and statutorily required 

20 low-income and very low-income use restrictions if any, as21 sociated with one or more multifamily housing project or 

22 projects to another multifamily housing project or 

23 projects. 

24 (b) PHASED TRANSFERS.—Transfers of project25 based assistance under this section may be done in phases 


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1 to accommodate the financing and other requirements re2 lated to rehabilitating or constructing the project or 

3 projects to which the assistance is transferred, to ensure 

4 that such project or projects meet the standards under 

5 subsection (c). 

6 (c) The transfer authorized in subsection (a) is sub7 ject to the following conditions: 

8 (1) NUMBER AND BEDROOM SIZE OF UNITS.— 

9 (A) For occupied units in the transferring 

10 project, the number of low-income and very low11 income units and the configuration (i.e., bed12 room size) provided by the transferring project 

13 shall be no less than when transferred to the re14 ceiving project or projects and the net dollar 

15 amount of Federal assistance provided to the 

16 transferring project shall remain the same in 

17 the receiving project or projects. 

18 (B) For unoccupied units in the transfer19 ring project, the Secretary may authorize a re20 duction in the number of dwelling units in the 

21 receiving project or projects to allow for a re22 configuration of bedroom sizes to meet current 

23 market demands, as determined by the Sec24 retary and provided there is no increase in the 

25 project-based assistance budget authority. 


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1 (2) The transferring project shall, as deter2 mined by the Secretary, be either physically obsolete 

3 or economically nonviable. 

4 (3) The receiving project or projects shall meet 

5 or exceed applicable physical standards established 

6 by the Secretary. 

7 (4) The owner or mortgagor of the transferring 

8 project shall notify and consult with the tenants re9 siding in the transferring project and provide a cer10 tification of approval by all appropriate local govern11 mental officials. 

12 (5) The tenants of the transferring project who 

13 remain eligible for assistance to be provided by the 

14 receiving project or projects shall not be required to 

15 vacate their units in the transferring project or 

16 projects until new units in the receiving project are 

17 available for occupancy. 

18 (6) The Secretary determines that the transfer 

19 is in the best interest of the tenants. 

20 (7) If either the transferring project or the re21 ceiving project or projects meets the condition speci22 fied in subsection (d)(2)(A), any lien on the receiv23 ing project resulting from additional financing ob24 tained by the owner shall be subordinate to any 

25 FHA-insured mortgage lien transferred to, or placed 


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1 on, such project by the Secretary, except that the 

2 Secretary may waive this requirement upon deter3 mination that such a waiver is necessary to facilitate 

4 the financing of acquisition, construction, and/or re5 habilitation of the receiving project or projects. 

6 (8) If the transferring project meets the re7 quirements of subsection (d)(2), the owner or mort8 gagor of the receiving project or projects shall exe9 cute and record either a continuation of the existing 

10 use agreement or a new use agreement for the 

11 project, in either case, any use restrictions in such 

12 agreement are of no lesser duration than the exist13 ing use restrictions. 

14 (9) The transfer does not increase the cost (as 

15 defined in section 502 of the Congressional Budget 

16 Act of 1974(2 U.S.C. 661a)) of any FHA-insured 

17 mortgage, except to the extent that appropriations 

18 are provided in advance for the amount of any such 

19 increased cost. 

20 (d) For purposes of this section— 

21 (1) the terms ‘‘low-income’’ and ‘‘very low-in22 come’’ shall have the meanings provided by the stat23 ute and/or regulations governing the program under 

24 which the project is insured or assisted; 


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1 (2) the term ‘‘multifamily housing project’’ 

2 means— 

3 (A) housing that is subject to a mortgage 

4 insured under the National Housing Act; 

5 (B) housing that has project-based assist6 ance attached to the structure including 

7 projects undergoing mark to market debt re8 structuring under the Multifamily Assisted 

9 Housing Reform and Affordability Housing Act; 

10 (C) housing that is assisted under section 

11 202 of the Housing Act of 1959 (12 U.S.C. 

12 1701q); 

13 (D) housing that is assisted under section 

14 202 of the Housing Act of 1959 (12 U.S.C. 

15 1701q), as such section existed before the en16 actment of the Cranston-Gonzales National Af17 fordable Housing Act; 

18 (E) housing that is assisted under section 

19 811 of the Cranston-Gonzales National Afford20 able Housing Act (42 U.S.C. 8013); or 

21 (F) housing or vacant land that is subject 

22 to a use agreement; 

23 (3) the term ‘‘project-based assistance’’ 

24 means— 


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1 (A) assistance provided under section 8(b) 

2 of the United States Housing Act of 1937 (42 

3 U.S.C. 1437f(b)); 

4 (B) assistance for housing constructed or 

5 substantially rehabilitated pursuant to assist6 ance provided under section 8(b)(2) of such Act 

7 (as such section existed immediately before Oc8 tober 1, 1983); 

9 (C) rent supplement payments under sec10 tion 101 of the Housing and Urban Develop11 ment Act of 1965 (12 U.S.C. 1701s); 

12 (D) interest reduction payments under sec13 tion 236 and/or additional assistance payments 

14 under section 236(f)(2) of the National Hous15 ing Act (12 U.S.C. 1715z–(f)(2)); 

16 (E) assistance payments made under sec17 tion 202(c)(2) of the Housing Act of 1959 (12 

18 U.S.C. 1701q(c)(2)); and 

19 (F) assistance payments made under sec20 tion 811(d)(2) of the Cranston-Gonzalez Na21 tional Affordable Housing Act (42 U.S.C. 

22 8013(d)(2)); 

23 (4) the term ‘‘receiving project or projects’’ 

24 means the multifamily housing project or projects to 

25 which some or all of the project-based assistance, 


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1 debt, and statutorily required low-income and very 

2 low-income use restrictions are to be transferred; 

3 (5) the term ‘‘transferring project’’ means the 

4 multifamily housing project which is transferring 

5 some or all of the project-based assistance, debt, and 

6 the statutorily required low-income and very low-in7 come use restrictions to the receiving project or 

8 projects; and 

9 (6) the term ‘‘Secretary’’ means the Secretary 

10 of Housing and Urban Development. 

11 (e) RESEARCH REPORT.—The Secretary shall con12 duct an evaluation of the transfer authority under this sec13 tion, including the effect of such transfers on the oper14 ational efficiency, contract rents, physical and financial 

15 conditions, and long-term preservation of the affected 

16 properties. 

17 SEC. 210. (a) No assistance shall be provided under 

18 section 8 of the United States Housing Act of 1937 (42 

19 U.S.C. 1437f) to any individual who— 

20 (1) is enrolled as a student at an institution of 

21 higher education (as defined under section 102 of 

22 the Higher Education Act of 1965 (20 U.S.C. 

23 1002)); 

24 (2) is under 24 years of age; 

25 (3) is not a veteran; 


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1 (4) is unmarried; 

2 (5) does not have a dependent child; 

3 (6) is not a person with disabilities, as such 

4 term is defined in section 3(b)(3)(E) of the United 

5 States Housing Act of 1937 (42 U.S.C. 

6 1437a(b)(3)(E)) and was not receiving assistance 

7 under such section 8 as of November 30, 2005; 

8 (7) is not a youth who left foster care at age 

9 14 or older and is at risk of becoming homeless; and 

10 (8) is not otherwise individually eligible, or has 

11 parents who, individually or jointly, are not eligible, 

12 to receive assistance under section 8 of the United 

13 States Housing Act of 1937 (42 U.S.C. 1437f). 

14 (b) For purposes of determining the eligibility of a 

15 person to receive assistance under section 8 of the United 

16 States Housing Act of 1937 (42 U.S.C. 1437f), any finan17 cial assistance (in excess of amounts received for tuition 

18 and any other required fees and charges) that an indi19 vidual receives under the Higher Education Act of 1965 

20 (20 U.S.C. 1001 et seq.), from private sources, or from 

21 an institution of higher education (as defined under sec22 tion 102 of the Higher Education Act of 1965 (20 U.S.C. 

23 1002)), shall be considered income to that individual, ex24 cept for a person over the age of 23 with dependent chil25 dren. 


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1 SEC. 211. The funds made available for Native Alas2 kans under paragraph (1) under the heading ‘‘Native 

3 American Programs’’ in title II of this Act shall be allo4 cated to the same Native Alaskan housing block grant re5 cipients that received funds in fiscal year 2005, and only 

6 such recipients shall be eligible to apply for funds made 

7 available under paragraph (3) of such heading. 

8 SEC. 212. Notwithstanding any other provision of 

9 law, in fiscal year 2021, in managing and disposing of any 

10 multifamily property that is owned or has a mortgage held 

11 by the Secretary of Housing and Urban Development, and 

12 during the process of foreclosure on any property with a 

13 contract for rental assistance payments under section 8 

14 of the United States Housing Act of 1937 (42 U.S.C. 

15 1437f) or any other Federal programs, the Secretary shall 

16 maintain any rental assistance payments under section 8 

17 of the United States Housing Act of 1937 and other pro18 grams that are attached to any dwelling units in the prop19 erty. To the extent the Secretary determines, in consulta20 tion with the tenants and the local government that such 

21 a multifamily property owned or having a mortgage held 

22 by the Secretary is not feasible for continued rental assist23 ance payments under such section 8 or other programs, 

24 based on consideration of (1) the costs of rehabilitating 

25 and operating the property and all available Federal, 


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1 State, and local resources, including rent adjustments 

2 under section 524 of the Multifamily Assisted Housing 

3 Reform and Affordability Act of 1997 (‘‘MAHRAA’’) (42 

4 U.S.C. 1437f note), and (2) environmental conditions that 

5 cannot be remedied in a cost-effective fashion, the Sec6 retary may, in consultation with the tenants of that prop7 erty, contract for project-based rental assistance payments 

8 with an owner or owners of other existing housing prop9 erties, or provide other rental assistance. The Secretary 

10 shall also take appropriate steps to ensure that project11 based contracts remain in effect prior to foreclosure, sub12 ject to the exercise of contractual abatement remedies to 

13 assist relocation of tenants for imminent major threats to 

14 health and safety after written notice to and informed con15 sent of the affected tenants and use of other available rem16 edies, such as partial abatements or receivership. After 

17 disposition of any multifamily property described in this 

18 section, the contract and allowable rent levels on such 

19 properties shall be subject to the requirements under sec20 tion 524 of MAHRAA. 

21 SEC. 213. Public housing agencies that own and oper22 ate 400 or fewer public housing units may elect to be ex23 empt from any asset management requirement imposed by 

24 the Secretary in connection with the operating fund rule: 

25 Provided, That an agency seeking a discontinuance of a 


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1 reduction of subsidy under the operating fund formula 

2 shall not be exempt from asset management requirements. 

3 SEC. 214. With respect to the use of amounts pro4 vided in this Act and in future Acts for the operation, cap5 ital improvement, and management of public housing as 

6 authorized by sections 9(d) and 9(e) of the United States 

7 Housing Act of 1937 (42 U.S.C. 1437g(d),(e)), the Sec8 retary shall not impose any requirement or guideline relat9 ing to asset management that restricts or limits in any 

10 way the use of capital funds for central office costs pursu11 ant to paragraph (1) or (2) of section 9(g) of the United 

12 States Housing Act of 1937 (42 U.S.C. 1437g(g)(1), (2)): 

13 Provided, That a public housing agency may not use cap14 ital funds authorized under section 9(d) for activities that 

15 are eligible under section 9(e) for assistance with amounts 

16 from the operating fund in excess of the amounts per17 mitted under paragraph (1) or (2) of section 9(g). 

18 SEC. 215. No official or employee of the Department 

19 of Housing and Urban Development shall be designated 

20 as an allotment holder unless the Office of the Chief Fi21 nancial Officer has determined that such allotment holder 

22 has implemented an adequate system of funds control and 

23 has received training in funds control procedures and di24 rectives. The Chief Financial Officer shall ensure that 

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1 priation under the accounts ‘‘Executive Offices’’, ‘‘Admin2 istrative Support Offices’’, ‘‘Program Offices’’, ‘‘Govern3 ment National Mortgage Association—Guarantees of 

4 Mortgage-Backed Securities Loan Guarantee Program 

5 Account’’, and ‘‘Office of Inspector General’’ within the 

6 Department of Housing and Urban Development. 

7 SEC. 216. The Secretary shall, for fiscal year 2021, 

8 notify the public through the Federal Register and other 

9 means, as determined appropriate, of the issuance of a no10 tice of the availability of assistance or notice of funding 

11 availability (NOFA) for any program or discretionary 

12 fund administered by the Secretary that is to be competi13 tively awarded. Notwithstanding any other provision of 

14 law, for fiscal year 2021, the Secretary may make the 

15 NOFA available only on the Internet at the appropriate 

16 Government web site or through other electronic media, 

17 as determined by the Secretary. 

18 SEC. 217. Payment of attorney fees in program-re19 lated litigation shall be paid from the individual program 

20 office and Office of General Counsel salaries and expenses 

21 appropriations. The annual budget submission for the pro22 gram offices and the Office of General Counsel shall in23 clude any such projected litigation costs for attorney fees 

24 as a separate line item request. 


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1 SEC. 218. (a)(1) Except as provided in paragraph 

2 (2), the Secretary may transfer up to 10 percent or 

3 $5,000,000, whichever is less, of funds appropriated for 

4 any office under the headings ‘‘Administrative Support 

5 Offices’’ or ‘‘Program Offices’’ to any other such office 

6 under such heading: Provided, That no appropriation for 

7 any such office or account shall be increased or decreased 

8 by more than 10 percent or $5,000,000, whichever is less, 

9 without prior written approval of the House and Senate 

10 Committees on Appropriations: Provided further, That the 

11 Secretary shall provide notification to such Committees 

12 not less than 3 business days in advance of any such 

13 transfers under this section up to 10 percent or 

14 $5,000,000, whichever is less. 

15 (2) The authority under paragraph (1) to transfer 

16 funds shall not apply to the Office of Fair Housing and 

17 Equal Opportunity, the Office of Lead Hazard Control 

18 and Healthy Homes, or the Office of Departmental Equal 

19 Employment Opportunity. 

20 (b) The Secretary is authorized to transfer up to 10 

21 percent of funds appropriated for any office under the 

22 headings ‘‘Administrative Support Offices’’ or ‘‘Program 

23 Offices’’ to the Office of Fair Housing and Equal Oppor24 tunity, the Office of Lead Hazard Control and Healthy 

25 Homes, or the Office of Departmental Equal Employment 


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1 Opportunity: Provided, That no amounts may be trans2 ferred pursuant to this subparagraph unless the Secretary 

3 shall provide notification to such Committees not less 3 

4 business days in advance of any such transfers under this 

5 subsection. 

6 SEC. 219. (a) Any entity receiving housing assistance 

7 payments shall maintain decent, safe, and sanitary condi8 tions, as determined by the Secretary, and comply with 

9 any standards under applicable State or local laws, rules, 

10 ordinances, or regulations relating to the physical condi11 tion of any property covered under a housing assistance 

12 payment contract. 

13 (b) The Secretary shall take action under subsection 

14 (c) when a multifamily housing project with a contract 

15 under section 8 of the United States Housing Act of 1937 

16 (42 U.S.C. 1437f) or a contract for similar project-based 

17 assistance— 

18 (1) receives a Uniform Physical Condition 

19 Standards (UPCS) score of 60 or less; or 

20 (2) fails to certify in writing to the Secretary 

21 within 3 days that all Exigent Health and Safety de22 ficiencies identified by the inspector at the project 

23 have been corrected. 

24 Such requirements shall apply to insured and noninsured 

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1 tion 8 of the United States Housing Act of 1937 (42 

2 U.S.C. 1437f), but shall not apply to such units assisted 

3 under section 8(o)(13) of such Act (42 U.S.C. 

4 1437f(o)(13)) or to public housing units assisted with cap5 ital or operating funds under section 9 of the United 

6 States Housing Act of 1937 (42 U.S.C. 1437g). 

7 (c)(1) Within 15 days of the issuance of the Real Es8 tate Assessment Center (‘‘REAC’’) inspection, the Sec9 retary shall provide the owner with a Notice of Default 

10 with a specified timetable, determined by the Secretary, 

11 for correcting all deficiencies. The Secretary shall provide 

12 a copy of the Notice of Default to the tenants, the local 

13 government, any mortgagees, and any contract adminis14 trator. If the owner’s appeal results in a UPCS score of 

15 60 or above, the Secretary may withdraw the Notice of 

16 Default. 

17 (2) At the end of the time period for correcting all 

18 deficiencies specified in the Notice of Default, if the owner 

19 fails to fully correct such deficiencies, the Secretary may— 

20 (A) require immediate replacement of project 

21 management with a management agent approved by 

22 the Secretary; 

23 (B) impose civil money penalties, which shall be 

24 used solely for the purpose of supporting safe and 

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1 ignated by the Secretary, with priority given to the 

2 tenants of the property affected by the penalty; 

3 (C) abate the section 8 contract, including par4 tial abatement, as determined by the Secretary, until 

5 all deficiencies have been corrected; 

6 (D) pursue transfer of the project to an owner, 

7 approved by the Secretary under established proce8 dures, who will be obligated to promptly make all re9 quired repairs and to accept renewal of the assist10 ance contract if such renewal is offered; 

11 (E) transfer the existing section 8 contract to 

12 another project or projects and owner or owners; 

13 (F) pursue exclusionary sanctions, including 

14 suspensions or debarments from Federal programs; 

15 (G) seek judicial appointment of a receiver to 

16 manage the property and cure all project deficiencies 

17 or seek a judicial order of specific performance re18 quiring the owner to cure all project deficiencies; 

19 (H) work with the owner, lender, or other re20 lated party to stabilize the property in an attempt 

21 to preserve the property through compliance, trans22 fer of ownership, or an infusion of capital provided 

23 by a third-party that requires time to effectuate; or 


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1 (I) take any other regulatory or contractual 

2 remedies available as deemed necessary and appro3 priate by the Secretary. 

4 (d) The Secretary shall take appropriate steps to en5 sure that project-based contracts remain in effect, subject 

6 to the exercise of contractual abatement remedies to assist 

7 relocation of tenants for major threats to health and safety 

8 after written notice to the affected tenants. To the extent 

9 the Secretary determines, in consultation with the tenants 

10 and the local government, that the property is not feasible 

11 for continued rental assistance payments under such sec12 tion 8 or other programs, based on consideration of— 

13 (1) the costs of rehabilitating and operating the 

14 property and all available Federal, State, and local 

15 resources, including rent adjustments under section 

16 524 of the Multifamily Assisted Housing Reform 

17 and Affordability Act of 1997 (‘‘MAHRAA’’), and 

18 (2) environmental conditions that cannot be 

19 remedied in a cost-effective fashion, the Secretary 

20 may contract for project-based rental assistance pay21 ments with an owner or owners of other existing 

22 housing properties, or provide other rental assist23 ance. 

24 (e) The Secretary shall report quarterly on all prop25 erties covered by this section that are assessed through 


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1 the Real Estate Assessment Center and have UPCS phys2 ical inspection scores of less than 60 or have received an 

3 unsatisfactory management and occupancy review within 

4 the past 36 months. The report shall include— 

5 (1) identification of the enforcement actions 

6 being taken to address such conditions, including 

7 imposition of civil money penalties and termination 

8 of subsidies, and identification of properties that 

9 have such conditions multiple times; 

10 (2) identification of actions that the Depart11 ment of Housing and Urban Development is taking 

12 to protect tenants of such identified properties; and 

13 (3) any administrative or legislative rec14 ommendations to further improve the living condi15 tions at properties covered under a housing assist16 ance payment contract. 

17 This report shall be submitted to the Senate and House 

18 Committees on Appropriations not later than 30 days 

19 after the enactment of this Act, and on the first business 

20 day of each Federal fiscal year quarter thereafter while 

21 this section remains in effect. 

22 SEC. 220. None of the funds made available by this 

23 Act, or any other Act, for purposes authorized under sec24 tion 8 (only with respect to the tenant-based rental assist25 ance program) and section 9 of the United States Housing 


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1 Act of 1937 (42 U.S.C. 1437 et seq.), may be used by 

2 any public housing agency for any amount of salary, in3 cluding bonuses, for the chief executive officer of which, 

4 or any other official or employee of which, that exceeds 

5 the annual rate of basic pay payable for a position at level 

6 IV of the Executive Schedule at any time during any pub7 lic housing agency fiscal year 2021. 

8 SEC. 221. None of the funds made available by this 

9 Act and provided to the Department of Housing and 

10 Urban Development may be used to make a grant award 

11 unless the Secretary notifies the House and Senate Com12 mittees on Appropriations not less than 3 full business 

13 days before any project, State, locality, housing authority, 

14 tribe, nonprofit organization, or other entity selected to 

15 receive a grant award is announced by the Department 

16 or its offices. 

17 SEC. 222. None of the funds made available by this 

18 Act may be used to require or enforce the Physical Needs 

19 Assessment (PNA). 

20 SEC. 223. None of the funds made available by this 

21 Act shall be used by the Federal Housing Administration, 

22 the Government National Mortgage Administration, or the 

23 Department of Housing and Urban Development to in24 sure, securitize, or establish a Federal guarantee of any 

25 mortgage or mortgage backed security that refinances or 


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1 otherwise replaces a mortgage that has been subject to 

2 eminent domain condemnation or seizure, by a State, mu3 nicipality, or any other political subdivision of a State. 

4 SEC. 224. None of the funds made available by this 

5 Act may be used to terminate the status of a unit of gen6 eral local government as a metropolitan city (as defined 

7 in section 102 of the Housing and Community Develop8 ment Act of 1974 (42 U.S.C. 5302)) with respect to 

9 grants under section 106 of such Act (42 U.S.C. 5306). 

10 SEC. 225. Amounts made available by this Act that 

11 are appropriated, allocated, advanced on a reimbursable 

12 basis, or transferred to the Office of Policy Development 

13 and Research of the Department of Housing and Urban 

14 Development and functions thereof, for research, evalua15 tion, or statistical purposes, and that are unexpended at 

16 the time of completion of a contract, grant, or cooperative 

17 agreement, may be deobligated and shall immediately be18 come available and may be reobligated in that fiscal year 

19 or the subsequent fiscal year for the research, evaluation, 

20 or statistical purposes for which the amounts are made 

21 available to that Office subject to reprogramming require22 ments in section 405 of this Act. 

23 SEC. 226. Funds made available by this title under 

24 the heading ‘‘Homeless Assistance Grants’’ may be used 

25 by the Secretary to participate in Performance PartnerVerDate Sep 11 2014 19:17 Jul 16, 2020 Jkt 099200 PO 00000 Frm 00202 Fmt 6652 Sfmt 6201 E:\BILLS\H7616.RH H7616

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1 ship Pilots authorized under section 526 of division H of 

2 Public Law 113–76 (42 U.S.C. 12301 note), section 524 

3 of division G of Public Law 113–235, section 525 of divi4 sion H of Public Law 114–113, section 525 of division 

5 H of Public Law 115–31, section 525 of division H of 

6 Public Law 115–141, section 524 of division B of Public 

7 Law 115–245, and such authorities as are enacted for 

8 Performance Partnership Pilots in an appropriations Act 

9 for fiscal year 2021: Provided, That such participation 

10 shall be limited to not more than 10 continuums of care 

11 and housing activities to improve outcomes for discon12 nected youth. 

13 SEC. 227. In this fiscal year and in each fiscal year 

14 thereafter, with respect to grant amounts awarded for the 

15 Continuum of Care (CoC) program authorized under sub16 title C of title IV of the McKinney-Vento Homeless Assist17 ance Act (42 U.S.C. 11381 et seq.) with amounts made 

18 available under the heading ‘‘Homeless Assistance 

19 Grants’’, costs paid by program income of grant recipients 

20 may be counted toward meeting the recipient’s matching 

21 requirements, provided the costs are eligible CoC costs 

22 that supplement the recipient’s CoC program. 

23 SEC. 228. (a) In this fiscal year and in each fiscal 

24 year thereafter, from amounts made available by this title 

25 under the heading ‘‘Homeless Assistance Grants’’, the 


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1 Secretary may award 1-year transition grants to recipients 

2 of funds for activities under subtitle C of the McKinney3 Vento Homeless Assistance Act (42 U.S.C. 11381 et seq.) 

4 to transition from one Continuum of Care program compo5 nent to another. 

6 (b) To be eligible to receive a transition grant under 

7 subsection (a), the funding recipient shall have the consent 

8 of the Continuum of Care and meet such standards as 

9 the Secretary may establish. 

10 SEC. 229. None of the funds made available by this 

11 Act may be used by the Department of Housing and 

12 Urban Development to direct a grantee to undertake spe13 cific changes to existing zoning laws as part of carrying 

14 out the final rule entitled ‘‘Affirmatively Furthering Fair 

15 Housing’’ (80 Fed. Reg. 42272 (July 16, 2015)) or the 

16 notice entitled ‘‘Affirmatively Furthering Fair Housing 

17 Assessment Tool’’ (79 Fed. Reg. 57949 (September 26, 

18 2014)). 

19 SEC. 230. The Promise Zone designations and Prom20 ise Zone Designation Agreements entered into pursuant 

21 to such designations, made by the Secretary in prior fiscal 

22 years, shall remain in effect in accordance with the terms 

23 and conditions of such agreements. 

24 SEC. 231. None of the funds made available by this 

25 Act may be used to establish and apply review criteria, 


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1 including rating factors or preference points, for participa2 tion in or coordination with EnVision Centers, in the eval3 uation, selection, and award of any funds made available 

4 and requiring competitive selection under this Act, except 

5 with respect to any such funds otherwise authorized for 

6 EnVision Center purposes under this Act. 

7 SEC. 232. None of the funds made available by this 

8 or any prior Act may be used to require or enforce any 

9 changes to the terms and conditions of the public housing 

10 annual contributions contract between the Secretary and 

11 any public housing agency, as such contract was in effect 

12 as of December 31, 2017, unless such changes are mutu13 ally agreed upon by the Secretary and such agency: Pro14 vided, That such agreement by an agency may be indi15 cated only by a written amendment to the terms and con16 ditions containing the duly authorized signature of its 

17 chief executive: Provided further, That the Secretary may 

18 not withhold funds to compel such agreement by an agen19 cy which certifies to its compliance with its contract. 

20 SEC. 233. Any public housing agency designated as 

21 a Moving to Work agency pursuant to section 239 of divi22 sion L of Public Law 114–113 (42 U.S.C. 1437f note; 

23 129 Stat. 2897) may, upon such designation, use funds 

24 (except for special purpose funding, including special pur25 pose vouchers) previously allocated to any such public 


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1 housing agency under section 8 or 9 of the United States 

2 Housing Act of 1937, including any reserve funds held by 

3 the public housing agency or funds held by the Depart4 ment of Housing and Urban Development, pursuant to the 

5 authority for use of section 8 or 9 funding provided under 

6 such section and section 204 of title II of the Departments 

7 of Veterans Affairs and Housing and Urban Development 

8 and Independent Agencies Appropriations Act, 1996 

9 (Public Law 104–134; 110 Stat. 1321-28), notwith10 standing the purposes for which such funds were appro11 priated. 

12 SEC. 234. None of the amounts made available by 

13 this Act, by Public Law 116-94, or by Public Law 116– 

14 6 may be used to prohibit any public housing agency under 

15 receivership or the direction of a Federal monitor from 

16 applying for, receiving, or using funds made available 

17 under the heading ‘‘Public Housing Capital Fund’’ for 

18 competitive grants to evaluate and reduce lead-based paint 

19 hazards in this Act or that remain available and not 

20 awarded from prior Acts, or be used to prohibit a public 

21 housing agency from using such funds to carry out any 

22 required work pursuant to a settlement agreement, con23 sent decree, voluntary agreement, or similar document for 

24 a violation of the Lead Safe Housing or Lead Disclosure 

25 Rules. 


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1 SEC. 235. None of the funds made available to the 

2 Department of Housing and Urban Development by this 

3 or any other Act may be used to implement, administer, 

4 enforce, or in any way make effective the proposed rule 

5 entitled ‘‘Making Admission or Placement Determinations 

6 Based on Sex in Facilities Under Community Planning 

7 and Development Housing Programs’’, transmitted to 

8 Congress for review by the Department of Housing and 

9 Urban Development on June 12, 2020 (Docket No. FR10 6152-P-01), or any final rule based substantially on such 

11 proposed rule. 

12 SEC. 236. Notwithstanding any other provision of 

13 law, the notice issued by the Department of Housing and 

14 Urban Development on February 20, 2015, and entitled 

15 ‘‘Appropriate Placement for Transgender Persons in Sin16 gle-Sex Emergency Shelters and Other Facilities’’ (Notice 

17 CPD-15-02) shall have the force and effect of law. 

18 SEC. 237. None of the funds made available to the 

19 Department of Housing and Urban Development by this 

20 or any other Act may be used to implement, administer, 

21 enforce, or in any way make effective the proposed rule 

22 entitled ‘‘Housing and Community Development Act of 

23 1980: Verification of Eligible Status’’, issued by the De24 partment of Housing and Urban Development on May 10, 


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1 2019 (Docket No. FR-6124-P-01), or any final rule based 

2 substantially on such proposed rule. 

3 SEC. 238. There are hereby rescinded, from funds ap4 propriated under the heading ‘‘Department of Housing 

5 and Urban Development—Housing Programs—Rental 

6 Housing Assistance’’— 

7 (a) all unobligated balances from recaptured amounts 

8 appropriated prior to fiscal year 2006 from terminated 

9 contracts under section 236(f)(2) of the National Housing 

10 Act (12 U.S.C. 1715z-1(f)(2)), and any unobligated bal11 ances, including recaptures and carryover, remaining from 

12 funds appropriated under such heading after fiscal year 

13 2005; and 

14 (b) any funds remaining from amounts appropriated 

15 under such heading in the prior fiscal year. 

16 SEC. 239. (a) Amounts made available under the 

17 heading ‘‘Department of Housing and Urban Develop18 ment—Community Planning and Development—Commu19 nity Development Fund’’ in chapter 9 of title X of the 

20 Disaster Relief Appropriations Act, 2013 (Public Law 

21 113-2, division A; 127 Stat. 36) shall remain available 

22 through September 30, 2025 for the liquidation of valid 

23 obligations of such funding. 

24 (b) Notwithstanding any other provision of law, in the 

25 case of any grantee of funds referred to in subsection (a) 


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1 of this section that provides assistance that duplicates 

2 benefits available to a person for the same purpose from 

3 another source, the grantee itself shall— 

4 (1) be subject to remedies for noncompliance; or 

5 (2) bear responsibility for absorbing such cost 

6 of duplicative benefits and returning an amount 

7 equal to any duplicative benefits paid to the grant8 ee’s funds available for use under such heading, un9 less the Secretary, upon the request of a grantee 

10 issues a public determination by publication in the 

11 Federal Register that it is not in the best interest 

12 of the Federal Government to pursue such remedies. 

13 (c) Notwithstanding any other provision of law, any 

14 grantee of funds referred to in subsection (a) of this sec15 tion may request a waiver from the Secretary of Housing 

16 and Urban Development of any recoupment by the Sec17 retary of such funds for amounts owed by persons who 

18 have received such assistance from such funds and who 

19 have been defrauded, or after receiving assistance, have 

20 filed for bankruptcy, gone through a foreclosure procedure 

21 on property that received such assistance, or are deceased. 

22 If the grantee self-certifies to the Secretary in such re23 quest that it has verified that the individual conditions of 

24 each person it is requesting a waiver for meets one of the 

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1 retary may grant such waivers on the basis of grantee self2 certification, issue a public determination by publication 

3 in the Federal Register that it is not in the best interest 

4 of the Federal Government to pursue such recoupment, 

5 and may conduct oversight to verify grantee self-certifi6 cation and subject the grantee to remedies for noncompli7 ance for any amounts that have not met such require8 ments. 

9 (d) Amounts repurposed pursuant to this section that 

10 were previously designated by the Congress as an emer11 gency requirement pursuant to the Balanced Budget and 

12 Emergency Deficit Control Act of 1985 are designated by 

13 the Congress as an emergency requirement pursuant to 

14 section 251(b)(2)(A)(i) of the Balanced Budget and 

15 Emergency Deficit Control Act of 1985. 

16 This title may be cited as the ‘‘Department of Hous17 ing and Urban Development Appropriations Act, 2021’’. 

18 TITLE III 

19 RELATED AGENCIES 

20 ACCESS BOARD

21 SALARIES AND EXPENSES

22 For expenses necessary for the Access Board, as au23 thorized by section 502 of the Rehabilitation Act of 1973 

24 (29 U.S.C. 792), $9,200,000: Provided, That, notwith25 standing any other provision of law, there may be credited 


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1 to this appropriation funds received for publications and 

2 training expenses. 

3 FEDERAL MARITIME COMMISSION

4 SALARIES AND EXPENSES

5 For necessary expenses of the Federal Maritime 

6 Commission as authorized by section 201(d) of the Mer7 chant Marine Act, 1936 (46 U.S.C. 307), including serv8 ices as authorized by section 3109 of title 5, United States 

9 Code; hire of passenger motor vehicles as authorized by 

10 section 1343(b) of title 31, United States Code; and uni11 forms or allowances therefore, as authorized by sections 

12 5901 and 5902 of title 5, United States Code, 

13 $29,800,000: Provided, That not to exceed $5,000 shall 

14 be for official reception and representation expenses. 

15 NATIONAL RAILROAD PASSENGER CORPORATION

16 OFFICE OF INSPECTOR GENERAL

17 SALARIES AND EXPENSES

18 For necessary expenses of the Office of Inspector 

19 General for the National Railroad Passenger Corporation 

20 to carry out the provisions of the Inspector General Act 

21 of 1978 (5 U.S.C. App. 3), $26,248,000: Provided, That 

22 the Inspector General shall have all necessary authority, 

23 in carrying out the duties specified in such Act, to inves24 tigate allegations of fraud, including false statements to 

25 the Government under section 1001 of title 18, United 


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1 States Code, by any person or entity that is subject to 

2 regulation by the National Railroad Passenger Corpora3 tion: Provided further, That the Inspector General may 

4 enter into contracts and other arrangements for audits, 

5 studies, analyses, and other services with public agencies 

6 and with private persons, subject to the applicable laws 

7 and regulations that govern the obtaining of such services 

8 within the National Railroad Passenger Corporation: Pro9 vided further, That the Inspector General may select, ap10 point, and employ such officers and employees as may be 

11 necessary for carrying out the functions, powers, and du12 ties of the Office of Inspector General, subject to the appli13 cable laws and regulations that govern such selections, ap14 pointments, and employment within the National Railroad 

15 Passenger Corporation: Provided further, That concurrent 

16 with the President’s budget request for fiscal year 2022, 

17 the Inspector General shall submit to the House and Sen18 ate Committees on Appropriations a budget request for 

19 fiscal year 2022 in similar format and substance to budget 

20 requests submitted by executive agencies of the Federal 

21 Government. 

22 NATIONAL TRANSPORTATION SAFETY BOARD

23 SALARIES AND EXPENSES

24 For necessary expenses of the National Transpor25 tation Safety Board, including hire of passenger motor veVerDate Sep 11 2014 19:17 Jul 16, 2020 Jkt 099200 PO 00000 Frm 00212 Fmt 6652 Sfmt 6201 E:\BILLS\H7616.RH H7616

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1 hicles and aircraft; services as authorized by 5 U.S.C. 

2 3109, but at rates for individuals not to exceed the per 

3 diem rate equivalent to the rate for a GS–15; uniforms, 

4 or allowances therefor, as authorized by law (5 U.S.C. 

5 5901–5902), $118,400,000, of which not to exceed $2,000 

6 may be used for official reception and representation ex7 penses. The amounts made available to the National 

8 Transportation Safety Board in this Act include amounts 

9 necessary to make lease payments on an obligation in10 curred in fiscal year 2001 for a capital lease. 

11 NEIGHBORHOOD REINVESTMENT CORPORATION

12 PAYMENT TO THE NEIGHBORHOOD REINVESTMENT

13 CORPORATION

14 For payment to the Neighborhood Reinvestment Cor15 poration for use in neighborhood reinvestment activities, 

16 as authorized by the Neighborhood Reinvestment Corpora17 tion Act (42 U.S.C. 8101-8107), $208,500,000, of which 

18 $5,000,000 shall be for a multi-family rental housing pro19 gram: Provided, That of the total amount made available 

20 under this heading, $25,000,000 shall be for competitive 

21 grants to: redevelop abandoned or distressed properties; 

22 provide homeownership and financing assistance to house23 holds with income of not more than 120 percent of the 

24 area median income; purchase properties that are aban25 doned or distressed to sell, rent, or redevelop; establish 


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1 or operate land banks to acquire, redevelop, or sell prop2 erties that are abandoned or distressed; demolish aban3 doned or distressed structures, as part of a redevelopment 

4 effort to increase affordable rental and owner-occupied 

5 housing; or engage in community development activities 

6 in areas with high rates of abandoned or distressed prop7 erties. 

8 SURFACE TRANSPORTATION BOARD

9 SALARIES AND EXPENSES

10 For necessary expenses of the Surface Transpor11 tation Board, including services authorized by section 

12 3109 of title 5, United State Code, $37,500,000: Provided, 

13 That, notwithstanding any other provision of law, not to 

14 exceed $1,250,000 from fees established by the Surface 

15 Transportation Board shall be credited to this appropria16 tion as offsetting collections and used for necessary and 

17 authorized expenses under this heading: Provided further, 

18 That the amounts made available under this heading from 

19 the general fund shall be reduced on a dollar-for-dollar 

20 basis as such offsetting collections are received during fis21 cal year 2021, to result in a final appropriation from the 

22 general fund estimated at not more than $36,250,000. 


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1 UNITED STATES INTERAGENCY COUNCIL ON

2 HOMELESSNESS

3 OPERATING EXPENSES

4 For necessary expenses (including payment of sala5 ries, authorized travel, hire of passenger motor vehicles, 

6 and rental of conference rooms) of the United States 

7 Interagency Council on Homelessness in carrying out the 

8 functions pursuant to title II of the McKinney-Vento 

9 Homeless Assistance Act (42 U.S.C. 11311 et. seq.), as 

10 amended, $3,800,000, to remain available until September 

11 30, 2022: Provided, That not more than $15,000 may be 

12 used for travel expenses by the Executive Director: Pro13 vided further, That the Executive Director may not engage 

14 in any official travel except for travel paid out of such 

15 amounts: Provided further, That no funds may be used 

16 to promote homelessness interventions unless those inter17 ventions include support for evidence-based interventions 

18 including the Housing First model and Permanent Sup19 portive Housing. 

20 TITLE IV 

21 GENERAL PROVISIONS—THIS ACT 

22 SEC. 401. None of the funds in this Act shall be used 

23 for the planning or execution of any program to pay the 

24 expenses of, or otherwise compensate, non-Federal parties 


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1 intervening in regulatory or adjudicatory proceedings 

2 funded in this Act. 

3 SEC. 402. None of the funds appropriated in this Act 

4 shall remain available for obligation beyond the current 

5 fiscal year, nor may any be transferred to other appropria6 tions, unless expressly so provided herein. 

7 SEC. 403. The expenditure of any appropriation 

8 under this Act for any consulting service through a pro9 curement contract pursuant to section 3109 of title 5, 

10 United States Code, shall be limited to those contracts 

11 where such expenditures are a matter of public record and 

12 available for public inspection, except where otherwise pro13 vided under existing law, or under existing Executive order 

14 issued pursuant to existing law. 

15 SEC. 404. (a) None of the funds made available in 

16 this Act may be obligated or expended for any employee 

17 training that— 

18 (1) does not meet identified needs for knowl19 edge, skills, and abilities bearing directly upon the 

20 performance of official duties; 

21 (2) contains elements likely to induce high lev22 els of emotional response or psychological stress in 

23 some participants; 


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1 (3) does not require prior employee notification 

2 of the content and methods to be used in the train3 ing and written end of course evaluation; 

4 (4) contains any methods or content associated 

5 with religious or quasi-religious belief systems or 

6 ‘‘new age’’ belief systems as defined in Equal Em7 ployment Opportunity Commission Notice N– 

8 915.022, dated September 2, 1988; or 

9 (5) is offensive to, or designed to change, par10 ticipants’ personal values or lifestyle outside the 

11 workplace. 

12 (b) Nothing in this section shall prohibit, restrict, or 

13 otherwise preclude an agency from conducting training 

14 bearing directly upon the performance of official duties. 

15 SEC. 405. Except as otherwise provided in this Act, 

16 none of the funds provided in this Act, provided by pre17 vious appropriations Acts to the agencies or entities fund18 ed in this Act that remain available for obligation or ex19 penditure in fiscal year 2021, or provided from any ac20 counts in the Treasury derived by the collection of fees 

21 and available to the agencies funded by this Act, shall be 

22 available for obligation or expenditure through a re23 programming of funds that— 

24 (1) creates a new program; 

25 (2) eliminates a program, project, or activity; 


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1 (3) increases funds or personnel for any pro2 gram, project, or activity for which funds have been 

3 denied or restricted by the Congress; 

4 (4) proposes to use funds directed for a specific 

5 activity by either the House or Senate Committees 

6 on Appropriations for a different purpose; 

7 (5) augments existing programs, projects, or ac8 tivities in excess of $5,000,000 or 10 percent, which9 ever is less; 

10 (6) reduces existing programs, projects, or ac11 tivities by $5,000,000 or 10 percent, whichever is 

12 less; or 

13 (7) creates, reorganizes, or restructures a 

14 branch, division, office, bureau, board, commission, 

15 agency, administration, or department different from 

16 the budget justifications submitted to the Commit17 tees on Appropriations or the table accompanying 

18 the report accompanying this Act, whichever is more 

19 detailed, unless prior approval is received from the 

20 House and Senate Committees on Appropriations: 

21 Provided, That not later than 60 days after the date 

22 of enactment of this Act, each agency funded by this 

23 Act shall submit a report to the Committees on Ap24 propriations of the Senate and of the House of Rep25 resentatives to establish the baseline for application 


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1 of reprogramming and transfer authorities for the 

2 current fiscal year: Provided further, That the report 

3 shall include— 

4 (A) a table for each appropriation with a 

5 separate column to display the prior year en6 acted level, the President’s budget request, ad7 justments made by Congress, adjustments due 

8 to enacted rescissions, if appropriate, and the 

9 fiscal year enacted level; 

10 (B) a delineation in the table for each ap11 propriation and its respective prior year enacted 

12 level by object class and program, project, and 

13 activity as detailed in this Act, the table accom14 panying the report accompanying this Act, ac15 companying reports of the House and Senate 

16 Committee on Appropriations, or in the budget 

17 appendix for the respective appropriations, 

18 whichever is more detailed, and shall apply to 

19 all items for which a dollar amount is specified 

20 and to all programs for which new budget 

21 (obligational) authority is provided, as well as 

22 to discretionary grants and discretionary grant 

23 allocations; and 

24 (C) an identification of items of special 

25 congressional interest. 


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1 SEC. 406. Except as otherwise specifically provided 

2 by law, not to exceed 50 percent of unobligated balances 

3 remaining available at the end of fiscal year 2021 from 

4 appropriations made available for salaries and expenses 

5 for fiscal year 2021 in this Act, shall remain available 

6 through September 30, 2022, for each such account for 

7 the purposes authorized: Provided, That a request shall 

8 be submitted to the House and Senate Committees on Ap9 propriations for approval prior to the expenditure of such 

10 funds: Provided further, That these requests shall be made 

11 in compliance with reprogramming guidelines under sec12 tion 405 of this Act. 

13 SEC. 407. No funds in this Act may be used to sup14 port any Federal, State, or local projects that seek to use 

15 the power of eminent domain, unless eminent domain is 

16 employed only for a public use: Provided, That for pur17 poses of this section, public use shall not be construed to 

18 include economic development that primarily benefits pri19 vate entities: Provided further, That any use of funds for 

20 mass transit, railroad, airport, seaport or highway 

21 projects, as well as utility projects which benefit or serve 

22 the general public (including energy-related, communica23 tion-related, water-related and wastewater-related infra24 structure), other structures designated for use by the gen25 eral public or which have other common-carrier or publicVerDate Sep 11 2014 19:17 Jul 16, 2020 Jkt 099200 PO 00000 Frm 00220 Fmt 6652 Sfmt 6201 E:\BILLS\H7616.RH H7616

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1 utility functions that serve the general public and are sub2 ject to regulation and oversight by the government, and 

3 projects for the removal of an immediate threat to public 

4 health and safety or brownfields as defined in the Small 

5 Business Liability Relief and Brownfields Revitalization 

6 Act (Public Law 107–118) shall be considered a public 

7 use for purposes of eminent domain. 

8 SEC. 408. None of the funds made available in this 

9 Act may be transferred to any department, agency, or in10 strumentality of the United States Government, except 

11 pursuant to a transfer made by, or transfer authority pro12 vided in, this Act or any other appropriations Act. 

13 SEC. 409. No part of any appropriation contained in 

14 this Act shall be available to pay the salary for any person 

15 filling a position, other than a temporary position, for16 merly held by an employee who has left to enter the Armed 

17 Forces of the United States and has satisfactorily com18 pleted his or her period of active military or naval service, 

19 and has within 90 days after his or her release from such 

20 service or from hospitalization continuing after discharge 

21 for a period of not more than 1 year, made application 

22 for restoration to his or her former position and has been 

23 certified by the Office of Personnel Management as still 

24 qualified to perform the duties of his or her former posi25 tion and has not been restored thereto. 


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1 SEC. 410. No funds appropriated pursuant to this 

2 Act may be expended by an entity unless the entity agrees 

3 that in expending the assistance the entity will comply 

4 with sections 2 through 4 of the Act of March 3, 1933 

5 (41 U.S.C. 8301–8305, popularly known as the ‘‘Buy 

6 American Act’’). 

7 SEC. 411. No funds appropriated or otherwise made 

8 available under this Act shall be made available to any 

9 person or entity that has been convicted of violating the 

10 Buy American Act (41 U.S.C. 8301–8305). 

11 SEC. 412. None of the funds made available in this 

12 Act may be used for first-class airline accommodations in 

13 contravention of sections 301–10.122 and 301–10.123 of 

14 title 41, Code of Federal Regulations. 

15 SEC. 413. (a) None of the funds made available by 

16 this Act may be used to approve a new foreign air carrier 

17 permit under sections 41301 through 41305 of title 49, 

18 United States Code, or exemption application under sec19 tion 40109 of that title of an air carrier already holding 

20 an air operators certificate issued by a country that is 

21 party to the U.S.-E.U.-Iceland-Norway Air Transport 

22 Agreement where such approval would contravene United 

23 States law or Article 17 bis of the U.S.-E.U.-Iceland-Nor24 way Air Transport Agreement. 


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1 (b) Nothing in this section shall prohibit, restrict or 

2 otherwise preclude the Secretary of Transportation from 

3 granting a foreign air carrier permit or an exemption to 

4 such an air carrier where such authorization is consistent 

5 with the U.S.-E.U.-Iceland-Norway Air Transport Agree6 ment and United States law. 

7 SEC. 414. None of the funds made available in this 

8 Act may be used to send or otherwise pay for the attend9 ance of more than 50 employees of a single agency or de10 partment of the United States Government, who are sta11 tioned in the United States, at any single international 

12 conference unless the relevant Secretary reports to the 

13 House and Senate Committees on Appropriations at least 

14 5 days in advance that such attendance is important to 

15 the national interest: Provided, That for purposes of this 

16 section the term ‘‘international conference’’ shall mean a 

17 conference occurring outside of the United States attended 

18 by representatives of the United States Government and 

19 of foreign governments, international organizations, or 

20 nongovernmental organizations. 

21 SEC. 415. None of the funds appropriated or other22 wise made available under this Act may be used by the 

23 Surface Transportation Board to charge or collect any fil24 ing fee for rate or practice complaints filed with the Board 

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1 trict court civil suit filing fees under section 1914 of title 

2 28, United States Code. 

3 SEC. 416. None of the funds made available by this 

4 Act may be used by the Department of Transportation, 

5 the Department of Housing and Urban Development, or 

6 any other Federal agency to lease or purchase new light 

7 duty vehicles for any executive fleet, or for an agency’s 

8 fleet inventory, except in accordance with Presidential 

9 Memorandum—Federal Fleet Performance, dated May 

10 24, 2011. 

11 SEC. 417. (a) None of the funds made available in 

12 this Act may be used to maintain or establish a computer 

13 network unless such network blocks the viewing, 

14 downloading, and exchanging of pornography. 

15 (b) Nothing in subsection (a) shall limit the use of 

16 funds necessary for any Federal, State, tribal, or local law 

17 enforcement agency or any other entity carrying out crimi18 nal investigations, prosecution, or adjudication activities. 

19 SEC. 418. (a) None of the funds made available in 

20 this Act may be used to deny an Inspector General funded 

21 under this Act timely access to any records, documents, 

22 or other materials available to the department or agency 

23 over which that Inspector General has responsibilities 

24 under the Inspector General Act of 1978 (5 U.S.C. App.), 

25 or to prevent or impede that Inspector General’s access 


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1 to such records, documents, or other materials, under any 

2 provision of law, except a provision of law that expressly 

3 refers to the Inspector General and expressly limits the 

4 Inspector General’s right of access. 

5 (b) A department or agency covered by this section 

6 shall provide its Inspector General with access to all such 

7 records, documents, and other materials in a timely man8 ner. 

9 (c) Each Inspector General shall ensure compliance 

10 with statutory limitations on disclosure relevant to the in11 formation provided by the establishment over which that 

12 Inspector General has responsibilities under the Inspector 

13 General Act of 1978 (5 U.S.C. App.). 

14 (d) Each Inspector General covered by this section 

15 shall report to the Committees on Appropriations of the 

16 House of Representatives and the Senate within 5 cal17 endar days any failures to comply with this requirement. 

18 SEC. 419. None of the funds appropriated or other19 wise made available by this Act may be used to pay award 

20 or incentive fees for contractors whose performance has 

21 been judged to be below satisfactory, behind schedule, over 

22 budget, or has failed to meet the basic requirements of 

23 a contract, unless the Agency determines that any such 

24 deviations are due to unforeseeable events, government25 driven scope changes, or are not significant within the 


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1 overall scope of the project and/or program unless such 

2 awards or incentive fees are consistent with 16.401(e)(2) 

3 of the Federal Acquisition Regulations. 

4 SEC. 420. None of the funds made available by this 

5 Act may be used in contravention of section 2635.702 of 

6 title 5, Code of Federal Regulations. 

7 SEC. 421. (a) For the duration of the national emer8 gency declared by the President under the National Emer9 gencies Act (50 U.S.C. 1601 et seq.) related to the pan10 demic of SARS–CoV–2 or coronavirus disease 2019 

11 (COVID–19), an air carrier operating under part 121 of 

12 title 14, Code of Federal Regulations, shall— 

13 (1) require each passenger and cabin crew14 member to wear a mask or protective face covering 

15 while on board an aircraft of the air carrier; 

16 (2) require each flight crewmember to wear a 

17 mask or protective face covering while on board an 

18 aircraft but outside the flight deck; 

19 (3) submit to the Administrator of the Federal 

20 Aviation Administration a proposal to permit flight 

21 crew members of the air carrier to wear a mask or 

22 protective face covering while at their stations in the 

23 flight deck, including a safety risk assessment with 

24 respect to such proposal; 


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1 (4) provide flight and cabin crewmembers, air2 port customer service agents, and other employees 

3 whose job responsibilities involve interaction with 

4 passengers with masks or protective face coverings, 

5 gloves, and hand sanitizer and wipes with sufficient 

6 alcohol content; 

7 (5) ensure aircraft, including the cockpit and 

8 cabin, operated by such carrier are cleaned, dis9 infected, and sanitized after each use in accordance 

10 with Centers for Disease Control and Prevention 

11 guidance; 

12 (6) ensure enclosed facilities owned, operated, 

13 or used by such air carrier, including facilities used 

14 for flight or cabin crewmember training or perform15 ance of indoor maintenance, repair, or overhaul 

16 work, are cleaned, disinfected, and sanitized fre17 quently in accordance with Centers for Disease Con18 trol and Prevention guidance; 

19 (7) provide air carrier employees whose job re20 sponsibilities involve cleaning, disinfecting, and sani21 tizing aircraft or enclosed facilities described in 

22 paragraphs (5) and (6) with masks or protective 

23 face coverings and gloves, and ensure that each con24 tractor of the air carrier provides employees of such 

25 contractor with such materials; and 


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1 (8) establish guidelines, or adhere to applicable 

2 guidelines, for notifying employees of a confirmed 

3 COVID–19 diagnosis of an employee of such air car4 rier and for identifying other air carrier employees 

5 whom such employee contacted in the 48-hour period 

6 before the employee developed symptoms. 

7 (b)(1) IN GENERAL.—For the duration of the na8 tional emergency declared by the President under the Na9 tional Emergencies Act (50 U.S.C. 1601 et seq.) related 

10 to the pandemic of SARS–CoV–2 or coronavirus disease 

11 (COVID–19), Amtrak shall— 

12 (A) require each passenger and employee of 

13 Amtrak, including engineers, conductors, and on14 board service workers, to wear a mask or other pro15 tective face covering while onboard an Amtrak train; 

16 (B) take such actions as are reasonable to en17 sure passenger compliance with the requirement 

18 under subparagraph (A); 

19 (C) provide masks or protective face coverings, 

20 gloves, and hand sanitizer and sanitizing wipes with 

21 sufficient alcohol content to— 

22 (i) conductors, engineers, and onboard 

23 service workers; 

24 (ii) ticket agents, station agents, and red 

25 cap agents; and 


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1 (iii) any other employees whose job respon2 sibilities include interaction with passengers; 

3 (D) ensure Amtrak trains, including the loco4 motive cab and passenger cars, are cleaned, dis5 infected, and sanitized frequently in accordance with 

6 guidance issued by the Centers for Disease Control 

7 and Prevention and ensure that employees whose job 

8 responsibilities include such cleaning, disinfecting, or 

9 sanitizing are provided masks or protective face cov10 erings and gloves; 

11 (E) ensure stations and enclosed facilities that 

12 Amtrak owns and operates including facilities used 

13 for training or the performance of indoor mainte14 nance, repair, or overhaul work, are cleaned, dis15 infected, and sanitized frequently in accordance with 

16 guidance issued by the Centers for Disease Control 

17 and Prevention and ensure that employees whose job 

18 responsibilities include such cleaning, disinfecting, or 

19 sanitizing are provided masks or protective face cov20 erings and gloves; 

21 (F) take such actions as are reasonable to en22 sure that stations or facilities served or used by Am23 trak that Amtrak does not own are cleaned, dis24 infected, and sanitized frequently in accordance with 


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1 Centers for Disease Control and Prevention guid2 ance; 

3 (G) ensure that each contractor of Amtrak pro4 vides masks or protective face coverings and gloves 

5 to employees of such contractor whose job respon6 sibilities include those described in subparagraphs 

7 (D) and (E); and 

8 (H) establish guidelines, or adhere to existing 

9 applicable guidelines, for notifying employees of a 

10 confirmed diagnosis of COVID–19 of an employee of 

11 Amtrak. 

12 (2) AVAILABILITY.—If Amtrak is unable to acquire 

13 any of the items necessary to comply with subparagraphs 

14 (C), (D), and (E) of paragraph (1) due to market unavail15 ability, Amtrak shall— 

16 (A) prepare and make public documentation 

17 demonstrating what actions have been taken to ac18 quire such items; and 

19 (B) continue efforts to acquire such items until 

20 such items become available. 

21 (c)(1) IN GENERAL.—For the duration of the na22 tional emergency declared by the President under the Na23 tional Emergencies Act (50 U.S.C. 1601 et seq.) related 

24 to the pandemic of SARS–CoV–2 or coronavirus disease 

25 2019 (COVID–19), recipients of funds under section 5307 


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1 of title 49, United States Code, that serve an urbanized 

2 area with a population of at least 500,000 individuals and 

3 that provided a minimum of 20,000,000 unlinked pas4 senger trips in the most recent year for which data is 

5 available shall— 

6 (A) require each passenger to wear a mask or 

7 protective face covering while on board a public 

8 transportation vehicle; 

9 (B) provide masks or protective face coverings, 

10 gloves, and hand santizer and wipes with sufficient 

11 alcohol content to operators, station managers, and 

12 other employees or contractors whose job respon13 sibilities include interaction with passengers; 

14 (C) ensure public transportation vehicles oper15 ated by such public transportation provider are 

16 cleaned, disinfected, and sanitized frequently in ac17 cordance with Centers for Disease Control and Pre18 vention guidance and ensure that employees or con19 tractors whose job responsibilities involve such clean20 ing, disinfecting, or sanitizing are provided masks or 

21 protective face coverings and gloves; 

22 (D) ensure stations and enclosed facilities 

23 owned, operated, or used by such public transpor24 tation provider, including facilities used for training 

25 or performance of indoor maintenance, repair, or 


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1 overhaul work, are cleaned, disinfected, and sani2 tized frequently in accordance with Centers for Dis3 ease Control and Prevention guidance and ensure 

4 that employees or contractors whose job responsibil5 ities include such cleaning, disinfecting, or sanitizing 

6 are provided masks or other protective face cov7 erings and gloves; and 

8 (E) establish guidelines, or adhere to applicable 

9 guidelines, for notifying employees of a confirmed 

10 COVID–19 diagnosis of an employee of such public 

11 transportation provider. 

12 (2) IMPLEMENTATION.—The implementation of the 

13 requirement under paragraph (1)(A) shall be carried out 

14 in a manner determined by the provider of public trans15 portation. 

16 (3) AVAILABILITY.—If a provider of public transpor17 tation is unable to acquire a subparagraphs (B), (C), or 

18 (D) of paragraph (1) due to market unavailability, such 

19 provider shall— 

20 (A) prepare and make public documentation 

21 demonstrating what actions have been taken to ac22 quire such items; and 

23 (B) continue efforts to acquire such items until 

24 they become available. 


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1 TITLE V 

2 ADDITIONAL INFRASTRUCTURE INVESTMENTS 

3 DEPARTMENT OF TRANSPORTATION 

4 OFFICE OF THE SECRETARY

5 NATIONAL INFRASTRUCTURE INVESTMENTS

6 (INCLUDING TRANSFER OF FUNDS)

7 For an additional amount for ‘‘National Infrastruc8 ture Investments’’, $3,000,000,000, to remain available 

9 until September 30, 2022: Provided, That such additional 

10 amount shall be subject to the provisions under this head11 ing in title I of this Act, except as modified by this heading 

12 in this title: Provided further, That of the amounts made 

13 available under this heading in this title, the Secretary 

14 shall use an amount not less than $60,000,000 for the 

15 planning, preparation, or design of projects eligible for 

16 amounts made available under this heading in this title, 

17 with an emphasis on transit, transit oriented development, 

18 and multimodal projects: Provided further, That grants 

19 awarded under the preceding proviso shall not be subject 

20 to a minimum grant size: Provided further, That of the 

21 amounts made available under this heading in this title, 

22 the Secretary shall use an amount not less than 

23 $300,000,000 for eligible projects located in or to directly 

24 benefit areas of persistent poverty: Provided further, That 

25 a grant award under this heading in this title shall be not 


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1 less than $20,000,000 and not greater than 

2 $300,000,000: Provided further, That not more than 20 

3 percent of the amounts made available under this heading 

4 in this title may be awarded to projects in a single State 

5 that are not port infrastructure investments (including in6 land port infrastructure and land ports of entry): Provided 

7 further, That an award under this heading in this title is 

8 an urban award if it is to a project located within or on 

9 the boundary of an urbanized area, as designated by the 

10 Bureau of the Census, that had a population greater than 

11 250,000 in the 2010 decennial census: Provided further, 

12 That for the purpose of determining if an award for plan13 ning, preparation, or design is an urban award, the project 

14 location is the location of the project being planned, pre15 pared, or designed: Provided further, That for the purpose 

16 of determining if an award for eligible projects located in 

17 or to directly benefit areas of persistent poverty is an 

18 urban award, the project location is the location of the 

19 eligible project in or to directly benefit areas of persistent 

20 poverty: Provided further, That each award under this 

21 heading in this title that is not an urban award is a rural 

22 award: Provided further, That of the amounts awarded 

23 under this heading in this title, 60 percent shall be award24 ed as urban awards and 40 percent shall be awarded as 

25 rural awards: Provided further, That for rural awards and 


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1 awards for eligible projects located in or to directly benefit 

2 areas of persistent poverty, the minimum grant size shall 

3 be $5,000,000 and the Secretary may increase the Federal 

4 share of costs above 80 percent: Provided further, That 

5 the Secretary may retain up to $30,000,000, to remain 

6 available until September 30, 2023, of the amounts made 

7 available under this heading in this title, and may transfer 

8 portions of such amounts to the Administrators of the 

9 Federal Highway Administration, the Federal Transit Ad10 ministration, the Federal Railroad Administration, and 

11 the Maritime Administration to fund the award and over12 sight of grants and credit assistance made under the na13 tional infrastructure investments program: Provided fur14 ther, That the Secretary shall issue the Notice of Funding 

15 Opportunity for amounts made available under this head16 ing in this title not later than 180 days after the date 

17 of enactment of this Act: Provided further, That such No18 tice of Funding Opportunity shall require application sub19 missions 90 days after the publishing of such Notice: Pro20 vided further, That of the applications submitted under the 

21 preceding 2 provisos, the Secretary shall make grants not 

22 later than 390 days after the date of enactment of this 

23 Act in such amounts that the Secretary determines: Pro24 vided further, That such amount is designated by the Con25 gress as being for an emergency requirement pursuant to 


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1 section 251(b)(2)(A)(i) of the Balanced Budget and 

2 Emergency Deficit Control Act of 1985. 

3 CYBER SECURITY INITIATIVES

4 For an additional amount for ‘‘Cyber Security Initia5 tives’’, $10,500,000, to remain available until September 

6 30, 2022: Provided, That such amount is designated by 

7 the Congress as being for an emergency requirement pur8 suant to section 251(b)(2)(A)(i) of the Balanced Budget 

9 and Emergency Deficit Control Act of 1985. 

10 FEDERAL AVIATION ADMINISTRATION

11 FACILITIES AND EQUIPMENT

12 For an additional amount for ‘‘Facilities and Equip13 ment’’, $500,000,000, to remain available until September 

14 30, 2023: Provided, That amounts made available under 

15 this heading in this title shall be derived from the general 

16 fund: Provided further, That funding provided under this 

17 heading shall be used to make improvements (including 

18 activities that improve water and energy efficiency or re19 duce the risk of harm to occupants or property from nat20 ural hazards) or to replace air route traffic control centers, 

21 air traffic control towers, terminal radar approach control 

22 facilities, and navigation and landing equipment: Provided 

23 further, That such amount is designated by the Congress 

24 as being for an emergency requirement pursuant to secVerDate Sep 11 2014 19:17 Jul 16, 2020 Jkt 099200 PO 00000 Frm 00236 Fmt 6652 Sfmt 6201 E:\BILLS\H7616.RH H7616

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1 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer2 gency Deficit Control Act of 1985. 

3 GRANTS-IN-AID FOR AIRPORTS

4 For an additional amount for ‘‘Grants-In-Aid for Air5 ports’’, to enable the Secretary of Transportation to make 

6 grants for projects as authorized by subchapter 1 of chap7 ter 471 and subchapter 1 of chapter 475 of title 49, 

8 United States Code, $2,500,000,000, to remain available 

9 until September 30, 2023: Provided, That amounts made 

10 available under this heading in this title shall be derived 

11 from the general fund, and such funds shall not be subject 

12 to apportionment formulas, special apportionment cat13 egories, or minimum percentages under such chapter 471: 

14 Provided further, That the Secretary shall distribute funds 

15 provided under this heading as discretionary grants to air16 ports: Provided further, That the amount made available 

17 under this heading in this title shall not be subject to any 

18 limitation on obligations for the Grants-in-Aid for Airports 

19 program set forth in any Act: Provided further, That not 

20 less than $250,000,000 of the grants awarded under this 

21 heading in this title shall be for airport sustainability ac22 tivities focused on reducing energy consumption, noise im23 pacts, waste, and pollution or improving water quality, 

24 community relations, and wildlife compatibility: Provided 

25 further, That priority consideration shall be based on 


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1 project justification and completeness of pre-grant actions: 

2 Provided further, That the Administrator of the Federal 

3 Aviation Administration may retain up to 0.1 percent of 

4 the funds provided under this heading in this title to fund 

5 the award and oversight by the Administrator of grants 

6 made under this heading: Provided further, That such 

7 amount is designated by the Congress as being for an 

8 emergency requirement pursuant to section 

9 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

10 Deficit Control Act of 1985. 

11 FEDERAL RAILROAD ADMINISTRATION

12 CONSOLIDATED RAIL INFRASTRUCTURE AND SAFETY

13 IMPROVEMENTS

14 (INCLUDING TRANSFER OF FUNDS)

15 For an additional amount for ‘‘Consolidated Rail In16 frastructure and Safety Improvements’’, $5,000,000,000, 

17 to remain available until September 30, 2022: Provided, 

18 That such additional amount shall be subject to the provi19 sions under this heading in title I of this Act, except as 

20 modified by this heading in this title: Provided further, 

21 That of the amounts made available under this heading 

22 in this title— 

23 (1) Not less than $1,500,000,000 shall be for 

24 projects eligible under section 22907(c) of title 49, 

25 United States Code; and 


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1 (2) Not less than $3,500,000,000 shall be for 

2 projects eligible under sections 22907(c)(2), 

3 22907(c)(3), 22907(c)(4), and 22907(c)(9) of title 

4 49, United States Code, that contribute to the devel5 opment, initiation, expansion, or restoration of inter6 city passenger rail service including alignments for 

7 existing routes: Provided, That amounts made avail8 able in this paragraph shall be for such eligible 

9 projects with a total project cost greater than 

10 $500,000,000: Provided further, That, notwith11 standing section 22907(g)(1) of title 49, United 

12 States Code, not more than 25 percent of the 

13 amounts made available in this paragraph shall be 

14 for such eligible projects in rural areas: 

15 Provided further, That the Secretary shall issue the Notice 

16 of Funding Opportunity for amounts made available under 

17 this heading in this title not later than 150 days after 

18 the date of enactment of this Act: Provided further, That 

19 such Notice of Funding Opportunity shall require applica20 tion submissions 90 days after the publishing of such No21 tice: Provided further, That the Secretary shall announce 

22 the selection of projects to receive awards for amounts 

23 made available under this heading in this title not later 

24 than 1 year after the date of enactment of this Act: Pro25 vided further, That such amount is designated by the ConVerDate Sep 11 2014 19:17 Jul 16, 2020 Jkt 099200 PO 00000 Frm 00239 Fmt 6652 Sfmt 6201 E:\BILLS\H7616.RH H7616

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1 gress as being for an emergency requirement pursuant to 

2 section 251(b)(2)(A)(i) of the Balanced Budget and 

3 Emergency Deficit Control Act of 1985. 

4 MAGNETIC LEVITATION TECHNOLOGY DEPLOYMENT

5 PROGRAM

6 For an additional amount for ‘‘Magnetic Levitation 

7 Technology Deployment Program’’, $100,000,000, to re8 main available until September 30, 2022, consistent with 

9 language in subsections (a) through (c) of section 1307 

10 of SAFETEA-LU (Public Law 109–59), as amended by 

11 section 102 of the SAFETEA-LU Technical Corrections 

12 Act of 2008 (Public Law 110–244) (23 U.S.C. 322 note): 

13 Provided, That the Secretary may withhold up to 2 per14 cent of the amounts made available under this heading 

15 in this title for the costs of award and project management 

16 and oversight, to remain available until September 30, 

17 2023: Provided further, That such amount is designated 

18 by the Congress as being for an emergency requirement 

19 pursuant to section 251(b)(2)(A)(i) of the Balanced Budg20 et and Emergency Deficit Control Act of 1985. 

21 NORTHEAST CORRIDOR GRANTS TO THE NATIONAL

22 RAILROAD PASSENGER CORPORATION

23 (INCLUDING TRANSFER OF FUNDS)

24 For an additional amount for ‘‘Northeast Corridor 

25 Grants to the National Railroad Passenger Corporation’’, 


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1 $5,000,000,000, to remain available until September 30, 

2 2022, to enable the Secretary to make or amend existing 

3 grants to the National Railroad Passenger Corporation for 

4 activities associated with the Northeast Corridor as au5 thorized by section 11101(a) of the Fixing America’s Sur6 face Transportation Act (division A of Public Law 114– 

7 94): Provided, That such additional amount shall be sub8 ject to the provisions under this heading in title I of this 

9 Act, except as modified by this heading in this title: Pro10 vided further, That the Secretary shall make or amend 

11 such grants not later than 90 days after the date of enact12 ment of this Act: Provided further, That of the amounts 

13 made available under this heading in this title, priority 

14 shall be given to projects for the repair, rehabilitation, or 

15 upgrade of railroad assets or infrastructure, for capital 

16 projects that expand passenger rail capacity, and for the 

17 rehabilitation or acquisition of rolling stock: Provided fur18 ther, That the amounts made available under this heading 

19 in this title may be used to subsidize the operating losses 

20 of the National Railroad Passenger Corporation: Provided 

21 further, That of the amounts made available under this 

22 heading in this title, not less than $172,000,000 shall be 

23 made available for use of the National Railroad Passenger 

24 Corporation in lieu of fiscal year 2021 capital payments 

25 from commuter rail passenger transportation providers 


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1 subject to the cost allocation policy developed pursuant to 

2 section 24905(c) of title 49, United States Code: Provided 

3 further, That, notwithstanding sections 24319(g) and 

4 24905(c)(1)(A)(i) of title 49, United States Code, such 

5 use of funds in fiscal year 2021 does not constitute cross6 subsidization of commuter rail passenger transportation: 

7 Provided further, That of the amounts made available 

8 under this heading in this title, not less than 

9 $1,000,000,000 shall be made available to advance capital 

10 projects, including rehabilitation and upgrade of railroad 

11 infrastructure, that increase reliability or expand pas12 senger rail capacity on the Amtrak-owned portion of the 

13 Northeast Corridor (as defined in section 24102(8) of title 

14 49, United States Code) on which more than 380 trains 

15 traveled per day in fiscal year 2019: Provided further, 

16 That of the amounts made available under this heading 

17 in this title and the ‘‘National Network Grants to the Na18 tional Railroad Passenger Corporation’’ heading in this 

19 title, not less than $200,000,000 shall be made available 

20 to bring Amtrak-served facilities and stations into compli21 ance with the Americans with Disabilities Act of 1990 (42 

22 U.S.C. 2101 et seq.): Provided further, That of the 

23 amounts made available under this heading in this title 

24 and the ‘‘National Network Grants to the National Rail25 road Passenger Corporation’’ heading in this title, 


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1 $5,000,000, to remain available until September 30, 2025, 

2 shall be transferred to ‘‘National Railroad Passenger Cor3 poration—Office of Inspector General—Salaries and Ex4 penses’’ for conducting audits and investigations of 

5 projects and activities carried out with amounts made 

6 available in this title and in division B of the Coronavirus 

7 Aid, Relief, and Economic Security Act (Public Law 116– 

8 136) under the headings ‘‘Northeast Corridor Grants to 

9 the National Railroad Passenger Corporation’’ and ‘‘Na10 tional Network Grants to the National Railroad Passenger 

11 Corporation’’: Provided further, That such amount is des12 ignated by the Congress as being for an emergency re13 quirement pursuant to section 251(b)(2)(A)(i) of the Bal14 anced Budget and Emergency Deficit Control Act of 1985. 

15 NATIONAL NETWORK GRANTS TO THE NATIONAL

16 RAILROAD PASSENGER CORPORATION

17 For an additional amount for ‘‘National Network 

18 Grants to the National Railroad Passenger Corporation’’, 

19 $3,000,000,000, to remain available until September 30, 

20 2022, to enable the Secretary to make or amend existing 

21 grants to the National Railroad Passenger Corporation for 

22 activities associated with the National Network as author23 ized by section 11101(b) of the Fixing America’s Surface 

24 Transportation Act (division A of Public Law 114–94): 

25 Provided, That such additional amount shall be subject to 


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1 the provisions under this heading in title I of this Act, 

2 except as modified by this heading in this title: Provided 

3 further, That the Secretary shall make or amend such 

4 grants not later than 90 days after the date of enactment 

5 of this Act: Provided further, That of the amounts made 

6 available under this heading in this title, priority shall be 

7 given to projects for the repair, rehabilitation, or upgrade 

8 of railroad assets or infrastructure, for capital projects 

9 that expand passenger rail capacity, and for the rehabilita10 tion or acquisition of rolling stock: Provided further, That 

11 the amounts made available under this heading in this title 

12 may be used to subsidize the operating losses of the Na13 tional Railroad Passenger Corporation: Provided further, 

14 That a State shall not be required to pay the National 

15 Railroad Passenger Corporation more than 80 percent of 

16 the amount paid in fiscal year 2019 under section 209 

17 of the Passenger Rail Investment and Improvement Act 

18 of 2008 (Public Law 110–432) and that not less than 

19 $260,000,000 of the amounts made available under this 

20 heading in this title shall be made available for use in lieu 

21 of any increase in a State’s payment: Provided further, 

22 That of the amounts made available under this heading 

23 in this title, not less than $57,000,000 shall be made avail24 able for use of the National Railroad Passenger Corpora25 tion in lieu of fiscal year 2021 capital payments from comVerDate Sep 11 2014 19:17 Jul 16, 2020 Jkt 099200 PO 00000 Frm 00244 Fmt 6652 Sfmt 6201 E:\BILLS\H7616.RH H7616

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1 muter rail passenger transportation providers subject to 

2 the cost allocation policy developed pursuant to section 

3 24905(c) of title 49, United States Code: Provided further, 

4 That, notwithstanding sections 24319(g) and 

5 24905(c)(1)(A)(i) of title 49, United States Code, such 

6 use of funds in fiscal year 2021 does not constitute cross7 subsidization of commuter rail passenger transportation: 

8 Provided further, That of the amounts made available 

9 under this heading in this title, not less than 

10 $107,000,000 shall be for capital expenses related to safe11 ty improvements, maintenance, and the non-Federal 

12 match for discretionary Federal grant programs to enable 

13 continued passenger rail operations on long-distance 

14 routes (as defined in section 24102 of title 49, United 

15 States Code) on which the National Railroad Passenger 

16 Corporation is the sole operator on a host railroad’s line 

17 and a positive train control system is not required by law 

18 or regulation: Provided further, That such amount is des19 ignated by the Congress as being for an emergency re20 quirement pursuant to section 251(b)(2)(A)(i) of the Bal21 anced Budget and Emergency Deficit Control Act of 1985. 

22 FEDERAL TRANSIT ADMINISTRATION

23 CAPITAL INVESTMENT GRANTS

24 For an additional amount for ‘‘Capital Investment 

25 Grants’’, as authorized under section 5309 of title 49, 


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1 United States Code, and section 3005(b) of the Fixing 

2 America’s Surface Transportation Act, $5,000,000,000, to 

3 remain available until expended: Provided, That of the 

4 amounts made available under this heading in this title, 

5 not less than $3,000,000,000 shall be available for 

6 projects authorized under section 5309(d) of title 49, 

7 United States Code, not less than $1,000,000,000 shall 

8 be available for projects authorized under section 5309(e) 

9 of such title, and not less than $500,000,000 shall be 

10 available for projects authorized under section 5309(h) of 

11 such title: Provided further, That in selecting projects to 

12 be funded with amounts made available under sections 

13 5309(d) of title 49, United States Code, priority shall be 

14 given to projects that are currently in construction or that 

15 are able to obligate funds not later than 270 days after 

16 the date of enactment of this Act: Provided further, That 

17 funds made available under this heading in this or any 

18 other Act may be available for amendments to current full19 funding grant agreements that require additional Federal 

20 funding as a result of coronavirus: Provided further, That 

21 the Secretary shall not waive the requirements of section 

22 5333 of title 49, United States Code, for funds appro23 priated under this heading in this Act: Provided further, 

24 That unless otherwise specified, applicable requirements 

25 under chapter 53 of title 49, United States Code, shall 


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1 apply to funding made available under this heading in this 

2 title: Provided further, That up to one-half of 1 percent 

3 of the funds provided under this heading in this title shall 

4 be available for administrative expenses and program 

5 management oversight, and shall be in addition to any 

6 other appropriations for such purposes: Provided further, 

7 That none of the funds made available in this title may 

8 be used to implement any policy that requires a Federal 

9 Transit Administration project to receive a medium or 

10 higher project rating before taking actions to finalize an 

11 environmental impact statement: Provided further, That 

12 such amount is designated by the Congress as being for 

13 an emergency requirement pursuant to section 

14 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

15 Deficit Control Act of 1985. 

16 MARITIME ADMINISTRATION

17 OPERATIONS AND TRAINING

18 For an additional amount for ‘‘Operations and Train19 ing’’, $125,000,000, to remain available until September 

20 30, 2022, of which— 

21 (1) $50,000,000 shall be for facilities mainte22 nance and repair, equipment, and capital improve23 ments at the United States Merchant Marine Acad24 emy; and 


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1 (2) $75,000,000 shall be for the Short Sea 

2 Transportation Program (America’s Marine High3 ways) to make grants for the purposes authorized 

4 under paragraphs (1) and (3) of section 55601(b) of 

5 title 46, United States Code: Provided, That for 

6 amounts made available in this paragraph, the Sec7 retary shall make grants not later than 180 days 

8 after the date of enactment of this Act in such 

9 amounts as the Secretary determines: 

10 Provided, That such amount is designated by the Congress 

11 as being for an emergency requirement pursuant to sec12 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer13 gency Deficit Control Act of 1985. 

14 STATE MARITIME ACADEMY OPERATIONS

15 For an additional amount for ‘‘State Maritime Acad16 emy Operations’’, $345,500,000, to remain available until 

17 September 30, 2022, of which— 

18 (1) $315,500,000 shall be for the National Se19 curity Multi-Mission Vessel Program, including 

20 funds for construction, planning, administration, and 

21 design of school ships; and 

22 (2) $30,000,000 shall be for direct payments 

23 for State Maritime Academies: 

24 Provided, That such amount is designated by the Congress 

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1 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer2 gency Deficit Control Act of 1985. 

3 ASSISTANCE TO SMALL SHIPYARDS

4 For an additional amount for ‘‘Assistance to Small 

5 Shipyards’’, $100,000,000, to remain available until Sep6 tember 30, 2022, to make grants to qualified shipyards 

7 as authorized under section 54101 of title 46, United 

8 States Code: Provided, That the Secretary shall announce 

9 the selection of such grants not later than 210 days after 

10 the date of enactment of this Act in such amounts as the 

11 Secretary determines: Provided further, That the Sec12 retary shall institute measures to ensure amounts made 

13 available under this heading in this title shall be obligated 

14 not later than 180 days after the date on which the Sec15 retary announces the selection of such grants: Provided 

16 further, That the Secretary may withhold up to 2 percent 

17 of the amounts made available under this heading in this 

18 title for the costs of award and project management and 

19 oversight, to remain available until September 30, 2023: 

20 Provided further, That such amount is designated by the 

21 Congress as being for an emergency requirement pursuant 

22 to section 251(b)(2)(A)(i) of the Balanced Budget and 

23 Emergency Deficit Control Act of 1985. 


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1 PORT INFRASTRUCTURE DEVELOPMENT PROGRAM

2 For an additional amount for ‘‘Port Infrastructure 

3 Development Program’’, $1,000,000,000, to remain avail4 able until September 30, 2022, to make grants to improve 

5 port facilities as authorized under section 50302(c) of title 

6 46, United States Code: Provided, That such additional 

7 amount shall be subject to the provisions under this head8 ing in title I of this Act, except as modified by this heading 

9 in this title: Provided further, That of the amounts made 

10 available under this heading in this title, not less than 

11 $910,000,000 shall be for coastal seaports or Great Lakes 

12 ports: Provided further, That the Secretary shall issue the 

13 Notice of Funding Opportunity for amounts made avail14 able under this heading in this title not later than 60 days 

15 after the date of enactment of this Act: Provided further, 

16 That such Notice of Funding Opportunity shall require 

17 application submissions 90 days after the publishing of 

18 such Notice: Provided further, That the Secretary shall an19 nounce the selection of projects to receive awards for 

20 amounts made available under this heading in this title 

21 not later than 270 days after the date of enactment of 

22 this Act: Provided further, That not to exceed 1 percent 

23 of the amounts made available under this heading in this 

24 title shall be available for necessary costs of grant admin25 istration, to remain available until September 30, 2023: 


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1 Provided further, That such amount is designated by the 

2 Congress as being for an emergency requirement pursuant 

3 to section 251(b)(2)(A)(i) of the Balanced Budget and 

4 Emergency Deficit Control Act of 1985. 

5 OFFICE OF INSPECTOR GENERAL

6 SALARIES AND EXPENSES

7 For an additional amount for necessary expenses of 

8 the ‘‘Office of Inspector General’’ to carry out the provi9 sions of the Inspector General Act of 1978 (5 U.S.C. App. 

10 3) $7,500,000, to remain available until expended: Pro11 vided, That the funds made available under this heading 

12 in this title shall be used to conduct audits and investiga13 tions of projects and activities carried out with funds made 

14 available to the Department of Transportation: Provided 

15 further, That the Inspector General shall have all nec16 essary authority, in carrying out the duties specified in 

17 the Inspector General Act, to investigate allegations of 

18 fraud, including false statements to the Government under 

19 section 1001 of title 18, United States Code, by any per20 son or entity that is subject to regulation by the Depart21 ment: Provided further, That such amount is designated 

22 by the Congress as being for an emergency requirement 

23 pursuant to section 251(b)(2)(A)(i) of the Balanced Budg24 et and Emergency Deficit Control Act of 1985. 


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1 DEPARTMENT OF HOUSING AND URBAN 

2 DEVELOPMENT 

3 PUBLIC AND INDIAN HOUSING

4 PUBLIC HOUSING CAPITAL FUND

5 (INCLUDING TRANSFER OF FUNDS)

6 For an additional amount for the ‘‘Public Housing 

7 Capital Fund’’ to carry out capital and management ac8 tivities for public housing agencies, as authorized under 

9 section 9 of the United States Housing Act of 1937 (42 

10 U.S.C. 1437g), $24,250,000,000, to remain available until 

11 September 30, 2022: Provided, That such additional 

12 amount shall be subject to the provisions under this head13 ing in title II of this Act, except as modified by this head14 ing in this title: Provided further, That $19,000,000,000 

15 of the funds provided under this heading in this title shall 

16 be distributed under the same formula used for amounts 

17 made available for the Capital Fund for fiscal year 2021: 

18 Provided further, That $2,500,000,000 of the funds pro19 vided under this heading in this title shall be awarded by 

20 competition for activities that improve water and energy 

21 efficiency, or reduce the risk of harm to occupants or prop22 erty from natural hazards: Provided further, That 

23 $2,750,000,000 of the funds provided under this heading 

24 in this title shall be awarded by competition for activities 

25 that mitigate threats to the health and safety of residents, 


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1 or reduce lead-based paint hazards and other housing re2 lated hazards, including carbon monoxide, radon, or mold: 

3 Provided further, That in administering funds appro4 priated or otherwise made available under this heading in 

5 this title, the Secretary may waive or specify alternative 

6 requirements for any provision of any statute or regulation 

7 in connection with the obligation by the Secretary or the 

8 use of these funds (except for requirements related to fair 

9 housing, nondiscrimination, labor standards, and the envi10 ronment), upon a finding that such a waiver is necessary 

11 to expedite or facilitate the use of such funds: Provided 

12 further, That up to 0.5 percent of the amounts made avail13 able under this heading in this title may be transferred, 

14 in aggregate, to ‘‘Department of Housing and Urban De15 velopment, Program Offices—Public and Indian Housing’’ 

16 to supplement existing resources for the necessary costs 

17 of administering and overseeing the obligation and ex18 penditure of these amounts, to remain available until Sep19 tember 30, 2024: Provided further, That such amount is 

20 designated by the Congress as being for an emergency re21 quirement pursuant to section 251(b)(2)(A)(i) of the Bal22 anced Budget and Emergency Deficit Control Act of 1985. 


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1 CHOICE NEIGHBORHOODS INITIATIVE

2 (INCLUDING TRANSFER OF FUNDS)

3 For an additional amount for the ‘‘Choice Neighbor4 hoods Initiative’’, $300,000,000, to remain available until 

5 September 30, 2022: Provided, That such additional 

6 amount shall be subject to the provisions under this head7 ing in title II of this Act, except as modified by this head8 ing in this title: Provided further, That not less than 10 

9 percent of the amounts made available under this heading 

10 in this title shall be used for activities that improve water 

11 and energy efficiency, or reduce the risk of harm to occu12 pants or property from natural hazards: Provided further, 

13 That all construction, rehabilitation, and related activities 

14 funded under this heading in this title shall comply with 

15 the latest published editions of relevant national con16 sensus-based codes and specifications and standards ref17 erenced therein, except that nothing in this section shall 

18 be construed to prohibit a grantee from requiring higher 

19 standards: Provided further, That the term ‘‘latest pub20 lished editions’’ means, with respect to relevant national 

21 consensus-based codes, and specifications and standards 

22 referenced therein, the two most recent published editions, 

23 including, if any, amendments made by State, local, tribal, 

24 or territorial governments during the adoption process, 

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1 signs and establish criteria for the design, construction, 

2 and maintenance of structures and facilities that may be 

3 eligible for assistance under this section for the purposes 

4 of protecting the health, safety, and general welfare of a 

5 buildings’ users against disasters: Provided further, That 

6 up to 0.5 percent of the amounts made available under 

7 this heading in this title may be transferred, in aggregate, 

8 to ‘‘Department of Housing and Urban Development, Pro9 gram Offices—Public and Indian Housing’’ to supplement 

10 existing resources for the necessary costs of administering 

11 and overseeing the obligation and expenditure of amounts 

12 under this heading in this title, to remain available until 

13 September 30, 2024: Provided further, That such amount 

14 is designated by the Congress as being for an emergency 

15 requirement pursuant to section 251(b)(2)(A)(i) of the 

16 Balanced Budget and Emergency Deficit Control Act of 

17 1985. 

18 NATIVE AMERICAN PROGRAMS

19 (INCLUDING TRANSFER OF FUNDS)

20 For an additional amount for ‘‘Native American Pro21 grams’’, $1,000,000,000, to remain available until Sep22 tember 30, 2022, unless otherwise specified, for activities 

23 and assistance authorized under title I of the Native 

24 American Housing Assistance and Self-Determination Act 

25 of 1996 (‘‘NAHASDA’’) (25 U.S.C. 4111 et seq.) and title 


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1 I of the Housing and Community Development Act of 

2 1974 (42 U.S.C. 5301 et seq.) with respect to Indian 

3 tribes: Provided, That the amounts made available under 

4 this heading in this title are provided as follows: 

5 (1) $400,000,000 shall be for the Native Amer6 ican Housing Block Grants program, as authorized 

7 under title I of NAHASDA: Provided, That amounts 

8 made available in this paragraph shall be distributed 

9 according to the same funding formula used in fiscal 

10 year 2021: Provided further, That the amounts dis11 tributed through such formula shall be used for new 

12 construction, acquisition, rehabilitation, and infra13 structure development: Provided further, That in se14 lecting projects to be funded, grantees shall give pri15 ority to projects for which contracts can be awarded 

16 within 180 days from the date that amounts are 

17 made available to the grantees: Provided further, 

18 That the Secretary shall notify grantees of their for19 mula allocation not later than 60 days after the date 

20 of enactment of this Act: Provided further, That the 

21 Secretary shall obligate amounts allocated by for22 mula not later than 120 days after the date of en23 actment of this Act; 

24 (2) $350,000,000 shall be for competitive 

25 grants under the Native American Housing Block 


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1 Grants program, as authorized under title I of 

2 NAHASDA: Provided, That the Secretary shall obli3 gate this additional amount for competitive grants to 

4 eligible recipients authorized under NAHASDA that 

5 apply for funds: Provided further, That in awarding 

6 this additional amount, the Secretary shall consider 

7 need and administrative capacity and shall give pri8 ority to projects that will spur construction and re9 habilitation: Provided further, That a grant funded 

10 pursuant to this paragraph shall be in an amount 

11 not less than $500,000 and not greater than 

12 $20,000,000: Provided further, That recipients of 

13 amounts made available in this paragraph shall obli14 gate 100 percent of such amounts within 1 year of 

15 the date amounts are made available to a recipient, 

16 expend at least 50 percent of such amounts within 

17 2 years of the date on which amounts become avail18 able to such recipients for obligation, and expend 

19 100 percent of such amounts within 3 years of such 

20 date: Provided further, That the Secretary shall issue 

21 a Notice of Funding Availability for amounts made 

22 available in this paragraph not later than 60 days 

23 after the date of enactment of this Act: Provided 

24 further, That such Notice of Funding Availability 

25 shall require application submissions 90 days after 


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1 the publishing of such Notice: Provided further, That 

2 of the applications submitted under the preceding 2 

3 provisos, the Secretary shall make grants not later 

4 than 270 days after the date of enactment of this 

5 Act; and 

6 (3) $250,000,000 shall be for grants to Indian 

7 tribes for carrying out the Indian Community Devel8 opment Block Grant program under title I of the 

9 Housing and Community Development Act of 1974, 

10 notwithstanding section 106(a)(1) of such Act: Pro11 vided, That not to exceed 20 percent of any grant 

12 made with amounts made available in this para13 graph shall be expended for planning and manage14 ment development and administration: Provided fur15 ther, That the Secretary shall issue a Notice of 

16 Funding Availability for amounts made available in 

17 this paragraph not later than 180 days after the 

18 date of enactment of this Act: Provided further, That 

19 such Notice of Funding Availability shall require ap20 plication submissions 90 days after the publishing of 

21 such Notice: Provided further, That of the applica22 tions submitted under the preceding 2 provisos, the 

23 Secretary shall make grants not later than 390 days 

24 after the date of enactment of this Act: 


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1 Provided further, That the Secretary may waive, or specify 

2 alternative requirements for, any provision of any statute 

3 or regulation that the Secretary administers in connection 

4 with the use of amounts made available under this heading 

5 in this title (except for requirements related to fair hous6 ing, nondiscrimination, labor standards, and the environ7 ment), upon a finding by the Secretary that any such 

8 waivers or alternative requirements are necessary to expe9 dite or facilitate the use of such amounts: Provided fur10 ther, That not less than 10 percent of the amounts made 

11 available under this heading in this title shall be used for 

12 activities that improve water and energy efficiency, or re13 duce the risk of harm to occupants or property from nat14 ural hazards: Provided further, That up to 1 percent of 

15 the amounts made available in paragraphs (2) and (3) 

16 under this heading in this title may be transferred, in ag17 gregate, to ‘‘Department of Housing and Urban Develop18 ment, Program Offices—Public and Indian Housing’’ for 

19 necessary costs of administering and overseeing the obliga20 tion and expenditure of such amounts, to remain available 

21 until September 30, 2023: Provided further, That such 

22 amount is designated by the Congress as being for an 

23 emergency requirement pursuant to section 

24 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

25 Deficit Control Act of 1985. 


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1 NATIVE HAWAIIAN HOUSING BLOCK GRANT

2 (INCLUDING TRANSFER OF FUNDS)

3 For an additional amount for the ‘‘Native Hawaiian 

4 Housing Block Grant’’ program, $20,000,000, to remain 

5 available until September 30, 2022: Provided, That such 

6 additional amount shall be subject to the provisions under 

7 this heading in title II of this Act, except as modified by 

8 this heading in this title: Provided further, That not less 

9 than 10 percent of the amounts made available under this 

10 heading in this title shall be used for activities that im11 prove water and energy efficiency, or reduce the risk of 

12 harm to occupants or property from natural hazards: Pro13 vided further, That up to 1 percent of the amounts made 

14 available under this heading in this title may be trans15 ferred, in aggregate, to ‘‘Department of Housing and 

16 Urban Development, Program Offices—Public and Indian 

17 Housing’’ for necessary costs of administering and over18 seeing the obligation and expenditure of amounts under 

19 this heading in this title, to remain available until Sep20 tember 30, 2023: Provided further, That such amount is 

21 designated by the Congress as being for an emergency re22 quirement pursuant to section 251(b)(2)(A)(i) of the Bal23 anced Budget and Emergency Deficit Control Act of 1985. 


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1 COMMUNITY PLANNING AND DEVELOPMENT

2 COMMUNITY DEVELOPMENT FUND

3 (INCLUDING TRANSFER OF FUNDS)

4 For an additional amount for ‘‘Community Develop5 ment Fund’’, $4,000,000,000, to remain available until 

6 September 30, 2022: Provided, That such additional 

7 amount shall be subject to the provisions under this head8 ing in title II of this Act, except as modified by this head9 ing in this title: Provided further, That such amount made 

10 available under this heading in this title shall be distrib11 uted pursuant to section 106 of the Housing and Commu12 nity Development Act of 1974 (42 U.S.C. 5306) to grant13 ees that received allocations pursuant to that same for14 mula in fiscal year 2020, and that such allocations shall 

15 be made within 30 days of enactment of this Act: Provided 

16 further, That not less than 10 percent of the amounts 

17 made available under this heading in this title shall be 

18 used for activities that improve water and energy effi19 ciency, or reduce the risk of harm to occupants or property 

20 from natural hazards (including activities that facilitate 

21 the adoption of the most recent published editions of rel22 evant national consensus-based codes): Provided further, 

23 That of the amounts made available under this heading 

24 in this title, up to 0.5 percent may be transferred to ‘‘De25 partment of Housing and Urban Development, Program 


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1 Offices—Community Planning and Development’’ for nec2 essary costs of administering and overseeing the obligation 

3 and expenditure of amounts under this heading in this 

4 title, to remain available until September 30, 2028: Pro5 vided further, That such amount is designated by the Con6 gress as being for an emergency requirement pursuant to 

7 section 251(b)(2)(A)(i) of the Balanced Budget and 

8 Emergency Deficit Control Act of 1985. 

9 HOME INVESTMENT PARTNERSHIPS PROGRAM

10 (INCLUDING TRANSFER OF FUNDS)

11 For an additional amount for the ‘‘HOME Invest12 ment Partnerships Program’’, as authorized under title II 

13 of the Cranston-Gonzalez National Affordable Housing 

14 Act, as amended, $17,500,000,000, to remain available 

15 until September 30, 2024: Provided, That such additional 

16 amount shall be subject to the provisions under this head17 ing in title II of this Act, except as modified by this head18 ing in this title: Provided further, That of the amounts 

19 made available under this heading in this title, the Sec20 retary shall use not less than $1,750,000,000 for projects 

21 eligible for amounts made available under this heading in 

22 this title located in or directly benefitting areas of per23 sistent poverty: Provided further, That for purposes of the 

24 preceding proviso, the term ‘‘areas of persistent poverty’’ 

25 means (1) any county that has consistently had 20 percent 


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1 or more of the population living in poverty during the 30- 

2 year period preceding the date of enactment of this Act, 

3 as measured by the 1990 and 2000 decennial census and 

4 the most recent annual Small Area Income and Poverty 

5 Estimates as estimated by the Bureau of the Census, (2) 

6 any census tract with a poverty rate of at least 20 percent 

7 as measured by the 2014-2018 5-year data series available 

8 from the American Community Survey of the Census Bu9 reau, or (3) any territory or possession of the United 

10 States: Provided further, That grants awarded under the 

11 preceding 2 provisos shall not be subject to a minimum 

12 grant size: Provided further, That not less than 10 percent 

13 of the amounts made available under this heading in this 

14 title shall be used for activities that improve water and 

15 energy efficiency, or reduce the risk of harm to occupants 

16 or property from natural hazards: Provided further, That 

17 of the amounts made available under this heading in this 

18 title, up to 0.5 percent may be transferred to ‘‘Department 

19 of Housing and Urban Development, Program Offices— 

20 Community Planning and Development’’ for necessary 

21 costs of administering and overseeing the obligation and 

22 expenditure of amounts under this heading in this title, 

23 to remain available until September 30, 2028: Provided 

24 further, That such amount is designated by the Congress 

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1 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer2 gency Deficit Control Act of 1985. 

3 SELF-HELP AND ASSISTED HOMEOWNERSHIP

4 OPPORTUNITY PROGRAM

5 For an additional amount for the ‘‘Self-Help and As6 sisted Homeownership Opportunity Program’’, as author7 ized under section 11 of the Housing Opportunity Pro8 gram Extension Act of 1996, as amended, $55,000,000, 

9 to remain available until September 30, 2023: Provided, 

10 That such additional amount shall be subject to the provi11 sions under this heading in title II of this Act, except as 

12 modified by this heading in this title: Provided further, 

13 That of the amount provided under this heading in this 

14 title, $10,000,000 shall be made available to the Self-Help 

15 Homeownership Opportunity Program: Provided further, 

16 That of the amount provided under this heading in this 

17 title, $40,000,000 shall be made available for the second, 

18 third, and fourth capacity building activities authorized 

19 under section 4(a) of the HUD Demonstration Act of 

20 1993 (42 U.S.C. 9816 note), of which not less than 

21 $5,000,000 shall be made available for rural capacity 

22 building activities: Provided further, That of the amount 

23 provided under this heading in this title, $5,000,000 shall 

24 be made available for capacity building by national rural 

25 housing organizations: Provided further, That such 


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1 amount is designated by the Congress as being for an 

2 emergency requirement pursuant to section 

3 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

4 Deficit Control Act of 1985. 

5 HOUSING PROGRAMS

6 ASSISTED HOUSING INVESTMENTS

7 (INCLUDING TRANSFER OF FUNDS)

8 For assistance to owners of properties receiving 

9 project-based subsidy contracts under the United States 

10 Housing Act of 1937 (42 U.S.C. 1437 et seq.), 

11 $750,000,000, to remain available until September 30, 

12 2024: Provided, That funds provided under this heading 

13 in this title shall be for competitive grants for capital im14 provements to such properties: Provided further, That not 

15 less than $250,000,000 of the grants made available 

16 under this heading in this title shall be for grants for ac17 tivities that mitigate threats to the health and safety of 

18 residents; reduce lead-based paint hazards, and other 

19 housing related hazards including carbon monoxide, 

20 radon, or mold; improve water and energy efficiency; or 

21 reduce the risk of harm to occupants or property from 

22 natural hazards: Provided further, That projects funded 

23 with grants provided under this heading in this title must 

24 comply with the requirements of subchapter IV of chapter 

25 31 of title 40, United States Code: Provided further, That 


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1 such grants shall be provided through the policies, proce2 dures, contracts, and transactional infrastructure of the 

3 authorized programs administered by the Department of 

4 Housing and Urban Development, on such terms and con5 ditions as the Secretary of Housing and Urban Develop6 ment deems appropriate to ensure the maintenance and 

7 preservation of the property, the continued operation and 

8 maintenance of energy efficiency technologies, and the 

9 timely expenditure of funds: Provided further, That the 

10 grants shall include a financial assessment and physical 

11 inspection of such property: Provided further, That eligible 

12 owners must have at least a satisfactory management re13 view rating, be in substantial compliance with applicable 

14 performance standards and legal requirements, and com15 mit to an additional period of affordability determined by 

16 the Secretary, but of not fewer than 15 years: Provided 

17 further, That in administering funds appropriated or oth18 erwise made available under this heading in this title, the 

19 Secretary may waive or specify alternative requirements 

20 for any provision of any statute or regulation in connection 

21 with the obligation by the Secretary or the use of these 

22 funds (except for requirements related to fair housing, 

23 nondiscrimination, labor standards, and the environment), 

24 upon a finding that such a waiver is necessary to expedite 

25 or facilitate the use of such funds: Provided further, That 


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1 of the amounts made available under this heading in this 

2 title, up to 0.5 percent may be transferred to ‘‘Department 

3 of Housing and Urban Development, Program Offices— 

4 Office of Housing’’ for necessary costs of administering 

5 and overseeing the obligation and expenditure of amounts 

6 under this heading in this title, to remain available until 

7 September 30, 2028: Provided further, That such amount 

8 is designated by the Congress as being for an emergency 

9 requirement pursuant to section 251(b)(2)(A)(i) of the 

10 Balanced Budget and Emergency Deficit Control Act of 

11 1985. 

12 HOUSING FOR THE ELDERLY

13 (INCLUDING TRANSFER OF FUNDS)

14 For an additional amount for assistance for ‘‘Hous15 ing for the Elderly’’ as authorized by section 202 of the 

16 Housing Act of 1959, as amended, $750,000,000, to re17 main available until September 30, 2024, for use for cap18 ital advances under section 202(c)(1) of such Act and for 

19 project rental assistance under section 202(c)(2) of such 

20 Act in connection with such advances, including amend21 ments to contracts for such assistance, but not including 

22 renewal of expiring contracts for such assistance: Pro23 vided, That such additional amount shall be subject to the 

24 provisions under this heading in title II of this Act, except 

25 as modified by this heading in this title: Provided further, 


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1 That not less than 10 percent of the amounts made avail2 able under this heading in this title shall be used for activi3 ties that improve water and energy efficiency, or reduce 

4 the risk of harm to occupants or property from natural 

5 hazards: Provided further, That of the amounts made 

6 available under this heading in this title, up to 0.5 percent 

7 may be transferred to ‘‘Department of Housing and 

8 Urban Development, Program Offices—Office of Hous9 ing’’ for necessary costs of administering and overseeing 

10 the obligation and expenditure of amounts under this 

11 heading in this title, to remain available until September 

12 30, 2028: Provided further, That such amount is des13 ignated by the Congress as being for an emergency re14 quirement pursuant to section 251(b)(2)(A)(i) of the Bal15 anced Budget and Emergency Deficit Control Act of 1985. 

16 HOUSING FOR PERSONS WITH DISABILITIES

17 (INCLUDING TRANSFER OF FUNDS)

18 For an additional amount for ‘‘Housing for Persons 

19 with Disabilities’’, for assistance for supportive housing 

20 for persons with disabilities, as authorized by section 811 

21 of the Cranston-Gonzalez National Affordable Housing 

22 Act (42 U.S.C. 8013), $179,000,000, to remain available 

23 until September 30, 2024, to provide for additional capital 

24 advances and project rental assistance for supportive 

25 housing for persons with disabilities under section 


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1 811(b)(2) of such Act: Provided, That such additional 

2 amount shall be subject to the provisions under this head3 ing in title II of this Act, except as modified by this head4 ing in this title: Provided further, That not less than 10 

5 percent of the amounts made available under this heading 

6 in this title shall be used for activities that improve water 

7 and energy efficiency, or reduce the risk of harm to occu8 pants or property from natural hazards: Provided further, 

9 That of the amounts made available under this heading 

10 in this title, up to 0.5 percent may be transferred to ‘‘De11 partment of Housing and Urban Development, Program 

12 Offices—Office of Housing’’ for necessary costs of admin13 istering and overseeing the obligation and expenditure of 

14 amounts under this heading in this title, to remain avail15 able until September 30, 2028: Provided further, That 

16 such amount is designated by the Congress as being for 

17 an emergency requirement pursuant to section 

18 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

19 Deficit Control Act of 1985. 

20 OFFICE OF LEAD HAZARD CONTROL AND HEALTHY

21 HOMES

22 LEAD HAZARD REDUCTION

23 For an additional amount for the ‘‘Lead Hazard Re24 duction Program’’, as authorized by section 1011 of the 

25 Residential Lead-Based Paint Hazard Reduction Act of 


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1 1992, $100,000,000, to remain available until September 

2 30, 2023, of which $25,000,000 shall be for the Healthy 

3 Homes Initiative, pursuant to sections 501 and 502 of the 

4 Housing and Urban Development Act of 1970: Provided, 

5 That such additional amount shall be subject to the provi6 sions under this heading in title II of this Act, except as 

7 modified by this heading in this title: Provided further, 

8 That not less than $40,000,000 of the amounts made 

9 available under this heading in this title for the award of 

10 grants pursuant to section 1011 of the Residential Lead11 Based Paint Hazard Reduction Act of 1992 shall be pro12 vided to areas with the highest lead-based paint abatement 

13 needs: Provided further, That not less than $10,000,000 

14 of the amounts made available under this heading in this 

15 title for the Healthy Homes Initiative, the Secretary shall 

16 give priority to applicants who have partnerships with 

17 grantees of the Department of Energy’s Weatherization 

18 Assistance Program: Provided further, That such amount 

19 is designated by the Congress as being for an emergency 

20 requirement pursuant to section 251(b)(2)(A)(i) of the 

21 Balanced Budget and Emergency Deficit Control Act of 

22 1985. 

23 CYBERSECURITY AND INFORMATION TECHNOLOGY FUND

24 For an additional amount for ‘‘Cybersecurity and In25 formation Technology Fund’’, $100,000,000, to remain 


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1 available until September 30, 2023: Provided, That the 

2 amount made available under this heading in this title 

3 shall be for the development, modernization, and enhance4 ment of, modifications to, and infrastructure for cyberse5 curity support, operations, controls, and documentation; 

6 multifamily housing IT modernization; and resolving open 

7 Office of Inspector General and Government Account8 ability Office recommendations: Provided further, That 

9 such amount is designated by the Congress as being for 

10 an emergency requirement pursuant to section 

11 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

12 Deficit Control Act of 1985. 

13 OFFICE OF INSPECTOR GENERAL

14 For an additional amount for the necessary salaries 

15 and expenses of the ‘‘Office of Inspector General’’ in car16 rying out the Inspector General Act of 1978, as amended, 

17 $7,500,000, to remain available until expended: Provided, 

18 That the Inspector General shall have independent author19 ity over all personnel issues within this office: Provided 

20 further, That such amount is designated by the Congress 

21 as being for an emergency requirement pursuant to sec22 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer23 gency Deficit Control Act of 1985. 


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1 RELATED AGENCY 

2 NEIGHBORHOOD REINVESTMENT CORPORATION

3 PAYMENT TO THE NEIGHBORHOOD REINVESTMENT

4 CORPORATION

5 For an additional payment to the ‘‘Neighborhood Re6 investment Corporation’’ for use in neighborhood reinvest7 ment activities, as authorized by the Neighborhood Rein8 vestment Corporation Act (42 U.S.C. 8101-8107), 

9 $300,000,000 to remain available until expended, for 

10 grants to its charter member organization and affiliated 

11 capital corporations for neighborhood reinvestment activi12 ties intended to spur economic stabilization and recovery, 

13 including: construction of affordable single-family and 

14 multifamily housing, rehabilitation of existing single-fam15 ily and multifamily housing, activities that improve water 

16 and energy efficiency, or reduce the risk of harm to occu17 pants or property from natural hazards, rental assistance, 

18 housing counseling, and support to ongoing economic de19 velopment efforts: Provided, That such additional amount 

20 shall be subject to the provisions under this heading in 

21 title III of this Act, except as modified by this heading 

22 in this title: Provided further, That of the total amount 

23 made available under this heading in this title, up to 

24 $1,500,000 may be used for associated administrative ex25 penses for the Neighborhood Reinvestment Corporation to 


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1 carry out activities provided under this heading in this 

2 title: Provided further, That not less than 10 percent of 

3 the amounts made available under this heading in this title 

4 shall be used for activities that improve water and energy 

5 efficiency, or reduce the risk of harm to occupants or prop6 erty from natural hazards: Provided further, That such 

7 amount is designated by the Congress as being for an 

8 emergency requirement pursuant to section 

9 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

10 Deficit Control Act of 1985. 

11 GENERAL PROVISIONS—ADDITIONAL INFRASTRUCTURE

12 INVESTMENTS

13 SEC. 501. (a) Notwithstanding any other provision 

14 of law and in a manner consistent with other provisions 

15 in this title, all laborers and mechanics employed by con16 tractors and subcontractors on projects funded directly by 

17 or assisted in whole or in part by and through the Federal 

18 Government pursuant to this title shall be paid wages at 

19 rates not less than those prevailing on projects of a char20 acter similar in the locality as determined by the Secretary 

21 of Labor in accordance with subchapter IV of chapter 31 

22 of title 40, United States Code. With respect to the labor 

23 standards specified in this section, the Secretary of Labor 

24 shall have the authority and functions set forth in Reorga25 nization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 


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1 U.S.C. App.) and section 63145 of title 40, United States 

2 Code. 

3 (b) Subsection (a) shall not apply to tribal contracts 

4 entered into by the Department of Housing and Urban 

5 Development with amounts made available under the 

6 headings ‘‘Native American Programs’’ and ‘‘Native Ha7 waiian Housing Block Grant’’ in this title. 

8 (c) The amounts provided by this section are des9 ignated by the Congress as being for an emergency re10 quirement pursuant to section 251(b)(2)(A)(i) of the Bal11 anced Budget and Emergency Deficit Control Act of 1985. 

12 SEC. 502. For amounts made available in this title 

13 under the headings ‘‘Northeast Corridor Grants to the Na14 tional Railroad Passenger Corporation’’ and ‘‘National 

15 Network Grants to the National Railroad Passenger Cor16 poration’’, the Secretary of Transportation may not waive 

17 the requirements under section 24312 of title 49, United 

18 States Code, and section 24305(f) of title 49, United 

19 States Code: Provided, That for amounts made available 

20 in this title under such headings the Secretary shall re21 quire the National Railroad Passenger Corporation to 

22 comply with the Railroad Retirement Act of 1974 (45 

23 U.S.C. 231 et seq.), the Railway Labor Act (45 U.S.C. 

24 151 et seq.), and the Railroad Unemployment Insurance 

25 Act (45 U.S.C. 351 et seq.): Provided further, That the 


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1 amounts made available in this title under such headings 

2 shall be used by the National Railroad Passenger Corpora3 tion to prevent employee furloughs: Provided further, That 

4 none of the funds made available in this title under such 

5 headings may be used by the National Railroad Passenger 

6 Corporation to reduce the frequency of rail service on any 

7 long-distance route or State-supported route (as such 

8 terms are defined in section 24102 of title 49, United 

9 States Code) below frequencies for such routes in fiscal 

10 year 2019, except in an emergency, during maintenance 

11 or construction outages impacting such routes, or at the 

12 request of the State or States supporting such State-sup13 ported routes. 

14 SEC. 503. Each amount designated in this Act by the 

15 Congress as being for an emergency requirement pursuant 

16 to section 251(b)(2)(A)(i) of the Balanced Budget and 

17 Emergency Deficit Control Act of 1985 shall be available 

18 (or rescinded or transferred, if applicable) only if the 

19 President subsequently so designates all such amounts 

20 and transmits such designations to the Congress. 

21 This Act may be cited as the ‘‘Transportation, Hous22 ing and Urban Development, and Related Agencies Appro23 priations Act, 2021’’. 


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Union Calendar No. 363 

116TH CONGRESS 

2D SESSION H. R. 7616 

[Report No. 116–452] 

A BILL 

Making appropriations for the Departments of 

poses. ending September 30, 2021, and for other puropment, and related agencies for the fiscal year Transportation, and Housing and Urban DevelJULY 16, 2020 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 


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