II 

117TH CONGRESS 

1ST SESSION S. 3045 

Making appropriations for the Departments of Transportation, and Housing 

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

September 30, 2022, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 21, 2021 

Mr. SCHATZ introduced the following bill; which was read twice and referred 

to the Committee on Appropriations 

A BILL 

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

2022, and for other purposes. 

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, 2022, and for other purposes, namely: 


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1 TITLE I 

2 DEPARTMENT OF TRANSPORTATION 

3 OFFICE OF THE SECRETARY

4 SALARIES AND EXPENSES

5 For necessary expenses of the Office of the Secretary, 

6 $140,948,000, of which not to exceed $3,513,000 shall be 

7 available for the immediate Office of the Secretary; not 

8 to exceed $1,254,000 shall be available for the immediate 

9 Office of the Deputy Secretary; not to exceed $25,352,000 

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

11 not to exceed $14,069,000 shall be available for the Office 

12 of the Under Secretary of Transportation for Policy; not 

13 to exceed $18,291,000 shall be available for the Office of 

14 the Assistant Secretary for Budget and Programs; not to 

15 exceed $3,791,000 shall be available for the Office of the 

16 Assistant Secretary for Governmental Affairs; not to ex17 ceed $34,899,000 shall be available for the Office of the 

18 Assistant Secretary for Administration; not to exceed 

19 $3,095,000 shall be available for the Office of Public Af20 fairs; not to exceed $2,116,000 shall be available for the 

21 Office of the Executive Secretariat; not to exceed 

22 $14,821,000 shall be available for the Office of Intel23 ligence, Security, and Emergency Response; and not to ex24 ceed $19,747,000 shall be available for the Office of the 

25 Chief Information Officer: Provided, That the Secretary 


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1 of Transportation (referred to in this title as the ‘‘Sec2 retary’’) is authorized to transfer funds appropriated for 

3 any office of the Office of the Secretary to any other office 

4 of the Office of the Secretary: Provided further, That no 

5 appropriation for any office shall be increased or de6 creased by more than 7 percent by all such transfers: Pro7 vided further, That notice of any change in funding greater 

8 than 7 percent shall be submitted for approval to the 

9 House and Senate Committees on Appropriations: Pro10 vided further, That not to exceed $70,000 shall be for allo11 cation within the Department for official reception and 

12 representation expenses as the Secretary may determine: 

13 Provided further, That notwithstanding any other provi14 sion of law, there may be credited to this appropriation 

15 up to $2,500,000 in funds received in user fees: Provided 

16 further, That none of the funds provided in this Act shall 

17 be available for the position of Assistant Secretary for 

18 Public Affairs. 

19 RESEARCH AND TECHNOLOGY

20 For necessary expenses related to the Office of the 

21 Assistant Secretary for Research and Technology, 

22 $48,363,000, of which $44,718,000 shall remain available 

23 until expended: Provided, That there may be credited to 

24 this appropriation, to be available until expended, funds 

25 received from States, counties, municipalities, other public 


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1 authorities, and private sources for expenses incurred for 

2 training: Provided further, That any reference in law, reg3 ulation, judicial proceedings, or elsewhere to the Research 

4 and Innovative Technology Administration shall continue 

5 to be deemed to be a reference to the Office of the Assist6 ant Secretary for Research and Technology of the Depart7 ment of Transportation. 

8 NATIONAL INFRASTRUCTURE INVESTMENTS

9 (INCLUDING TRANSFER OF FUNDS)

10 For capital investments in surface transportation in11 frastructure, $1,090,000,000 to remain available until 

12 September 30, 2025: Provided, That the Secretary shall 

13 distribute amounts made available under this heading as 

14 discretionary grants to be awarded to a State, local or 

15 tribal government, U.S. territory, transit agency, port au16 thority, metropolitan planning organization, political sub17 division of a State or local government, or a collaboration 

18 among such entities on a competitive basis for projects 

19 that will have a significant local or regional impact: Pro20 vided further, That projects eligible for amounts made 

21 available under this heading shall include, but not be lim22 ited to, highway or bridge projects eligible under title 23, 

23 United States Code; public transportation projects eligible 

24 under chapter 53 of title 49, United States Code; pas25 senger and freight rail transportation projects; port infraVerDate Sep 11 2014 23:55 Oct 21, 2021 Jkt 029200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S3045.IS S3045

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1 structure investments (including inland port infrastruc2 ture and land ports of entry); and projects investing in 

3 surface transportation facilities that are located on tribal 

4 land and for which title or maintenance responsibility is 

5 vested in the Federal Government: Provided further, That 

6 of the amount made available under this heading, the Sec7 retary shall use an amount not more than $35,000,000 

8 for competitive grants or cooperative agreements to de9 velop and implement technical assistance, capacity build10 ing, planning, preparation or design of projects eligible for 

11 amounts made available under this heading, of which not 

12 less than $15,000,000 is for projects eligible for amounts 

13 made available under this heading located in or to directly 

14 benefit areas of persistent poverty or disadvantaged com15 munities as defined in section 193 of this Act: Provided 

16 further, That grants awarded under the preceding proviso 

17 shall not be subject to a minimum grant size: Provided 

18 further, That the Secretary may use up to 20 percent of 

19 the amounts made available under this heading for the 

20 purpose of paying the subsidy and administrative costs of 

21 projects eligible for Federal credit assistance under chap22 ter 6 of title 23, United States Code, or sections 501 

23 through 504 of the Railroad Revitalization and Regulatory 

24 Reform Act of 1976 (Public Law 94–210), if the Secretary 

25 finds that such use of the funds would advance the purVerDate Sep 11 2014 23:55 Oct 21, 2021 Jkt 029200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S3045.IS S3045

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1 poses of this heading: Provided further, That in distrib2 uting amounts made available under this heading, the Sec3 retary shall take such measures so as to ensure an equi4 table geographic distribution of funds, an appropriate bal5 ance in addressing the needs of urban and rural areas, 

6 including tribal areas, and the investment in a variety of 

7 transportation modes: Provided further, That a grant 

8 award under this heading shall be not less than 

9 $5,000,000 and not greater than $30,000,000: Provided 

10 further, That not more than 10 percent of the amounts 

11 made available under this heading may be awarded to 

12 projects in a single State: Provided further, That the Fed13 eral share of the costs for which an amount is provided 

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

15 up to 80 percent: Provided further, That the Secretary 

16 shall give priority to projects that require a contribution 

17 of Federal funds in order to complete an overall financing 

18 package: Provided further, That an award under this head19 ing is an urban award if it is to a project located within 

20 or on the boundary of an Urbanized Area (UA), as des21 ignated by the Bureau of the Census, that had a popu22 lation greater than 200,000 in the 2010 decennial census: 

23 Provided further, That for the purpose of determining if 

24 an award for planning, preparation or design is an urban 

25 award, the project location is the location of the project 


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1 being planned, prepared or designed: Provided further, 

2 That each award under this heading that is not an urban 

3 award is a rural award: Provided further, That of the 

4 amounts awarded under this heading, not more than 50 

5 percent shall be awarded as urban awards and rural 

6 awards, respectively: Provided further, That for rural 

7 awards, the minimum grant size shall be $1,000,000: Pro8 vided further, That for rural awards, and awards to areas 

9 of persistent poverty or disadvantaged communities, the 

10 Secretary may increase the Federal share of costs above 

11 80 percent: Provided further, That projects conducted 

12 using amounts made available under this heading shall 

13 comply with the requirements of subchapter IV of chapter 

14 31 of title 40, United States Code: Provided further, That 

15 the Secretary shall conduct a new competition to select 

16 the grants and credit assistance awarded under this head17 ing: Provided further, That the Secretary may retain up 

18 to $20,000,000 of the amounts made available under this 

19 heading, and may transfer portions of such amounts to 

20 the Administrators of the Federal Highway Administra21 tion, the Federal Transit Administration, the Federal 

22 Railroad Administration and the Maritime Administration 

23 to fund the award and oversight of grants and credit as24 sistance made under the National Infrastructure Invest25 ments program: Provided further, That none of the 


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1 amounts made available in the preceding proviso may be 

2 used to hire additional personnel: Provided further, That 

3 the Secretary shall consider and award projects based sole4 ly on the selection criteria from the fiscal year 2017 Notice 

5 of Funding Opportunity: Provided further, That, notwith6 standing the preceding proviso, the Secretary shall not use 

7 the Federal share or an applicant’s ability to generate 

8 non-Federal revenue as a selection criteria in awarding 

9 projects: Provided further, That the Secretary shall issue 

10 the Notice of Funding Opportunity no later than 120 days 

11 after enactment of this Act: Provided further, That such 

12 Notice of Funding Opportunity shall require application 

13 submissions 90 days after the publishing of such Notice: 

14 Provided further, That of the applications submitted under 

15 the preceding two provisos, the Secretary shall make 

16 grants no later than 330 days after enactment of this Act 

17 in such amounts that the Secretary determines. 

18 BUILDING RESILIENT INFRASTRUCTURE THROUGH

19 INNOVATIVE SOLUTIONS

20 (INCLUDING TRANSFER OF FUNDS)

21 For capital investments to improve the resilience of 

22 coastal transportation infrastructure vulnerable to current 

23 and future weather events and natural disasters, including 

24 sea level rise, coastal erosion, extreme weather, earth25 quakes, flooding, and permafrost thaw, $300,000,000, to 


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1 remain available until expended: Provided, That the Sec2 retary shall distribute amounts made available under this 

3 heading as competitive grants to be awarded to a State, 

4 local or tribal government, territory, transit agency, port 

5 authority, metropolitan planning organization, political 

6 subdivision of a State or local government, or a collabora7 tion among such entities or in partnership with a univer8 sity or university transportation center: Provided further, 

9 That the Secretary shall prioritize grant awards for: (1) 

10 coastal infrastructure projects to address long-term risk 

11 of sea level rise; (2) projects located in geographically iso12 lated areas with limited alternatives for the movement of 

13 freight and people; and (3) projects that use innovative 

14 solutions to improve resiliency, including, but not limited 

15 to, the use of innovative materials, nature-based solutions, 

16 and other innovative solutions developed through research 

17 conducted at university transportation centers: Provided 

18 further, That projects eligible for amounts made available 

19 under this heading shall include, but not be limited to, 

20 highway or bridge projects eligible under title 23, United 

21 States Code; public transportation projects eligible under 

22 chapter 53 of title 49, United States Code; airport 

23 projects; passenger and freight rail transportation 

24 projects; port infrastructure investments (including inland 

25 port infrastructure and land ports of entry); projects inVerDate Sep 11 2014 23:55 Oct 21, 2021 Jkt 029200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S3045.IS S3045

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1 vesting in surface transportation facilities that are located 

2 on tribal land and for which title or maintenance responsi3 bility is vested in the Federal Government; and projects 

4 constructing, improving, or rehabilitating infrastructure 

5 that has the primary purpose of protecting transportation 

6 infrastructure: Provided further, That of the amount made 

7 available under this heading, the Secretary may use not 

8 more than $10,000,000 for the planning, preparation or 

9 design of projects eligible for amounts made available 

10 under this heading: Provided further, That of the amounts 

11 awarded under this heading, not less than 25 percent shall 

12 be awarded as rural awards, as defined under the ‘‘Na13 tional Infrastructure Investments’’ heading in this Act: 

14 Provided further, That of the amounts awarded under this 

15 heading, not less than 10 percent may be awarded for 

16 projects that directly benefit areas of persistent poverty 

17 and disadvantaged communities as defined under section 

18 193 of this Act: Provided further, That for rural awards, 

19 awards to areas of persistent poverty, or to disadvantaged 

20 communities, the Secretary may increase the Federal 

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

22 projects conducted using amounts made available under 

23 this heading shall comply with the requirements of sub24 chapter IV of chapter 31 of title 40, United States Code: 

25 Provided further, That the Secretary shall apply to 


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1 projects under this heading the Federal requirements that 

2 the Secretary determines are appropriate based on the 

3 purpose of the building resilient infrastructure through in4 novative solutions program, the requirements expressly 

5 stated under this heading, and the Federal requirements 

6 applicable to comparable projects supported by other De7 partment of Transportation financial assistance programs: 

8 Provided further, That the Secretary may retain up to 2 

9 percent of the amounts made available under this heading, 

10 and may transfer a portion of such amounts to the Admin11 istrators of the Federal Aviation Administration, Federal 

12 Highway Administration, the Federal Transit Administra13 tion, the Federal Railroad Administration, and the Mari14 time Administration to fund the award and oversight of 

15 grants made under the building resilient infrastructure 

16 through innovative solutions program. 

17 SAFE AND ACCESSIBLE ROADWAYS FOR ALL

18 (INCLUDING TRANSFER OF FUNDS)

19 For necessary expenses to carry out a safe and acces20 sible roadways for all grant program to support local ini21 tiatives to prevent death and serious injury for all users 

22 on all public roads and streets, $50,000,000, to remain 

23 available until September 30, 2025: Provided, That funds 

24 made available under this heading may be made available 

25 to develop a comprehensive safety action plan; to conduct 


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1 planning, design, development, and activities for projects 

2 and strategies identified in a comprehensive safety action 

3 plan; or to carry out infrastructure projects and strategies 

4 identified in a comprehensive safety action plan: Provided 

5 further, That the Secretary shall distribute amounts made 

6 available under this heading on a competitive basis to a 

7 State, local or tribal government, territory, political sub8 division of a State or local government, metropolitan plan9 ning organization on behalf of one or more political sub10 divisions of a State or territory, including counties, cities, 

11 towns, and villages; a unit of local government, including 

12 a county or special district; a federally-recognized tribe or 

13 a consortium of federally-recognized tribes; or a multi14 jurisdictional group of the entities described in this pro15 viso: Provided further, That to be eligible for a grant from 

16 amounts made available under this heading, an entity de17 scribed in the preceding proviso shall submit to the Sec18 retary an application in such form, at such time, and con19 taining such information as the Secretary determines is 

20 appropriate: Provided further, That funds made available 

21 under this heading shall be prioritized to entities and 

22 projects that: (1) are shown to have the potential to reduce 

23 or eliminate transportation-related fatalities and serious 

24 injuries involving various road users, including pedes25 trians, bicyclists, public transportation users, motorists, 


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1 and commercial operators, and any other transportation 

2 user type appropriate to the context, within the timeframe 

3 proposed by the eligible entity; (2) demonstrate engage4 ment with a variety of public and private stakeholders, in5 cluding underserved communities; (3) seek to adopt inno6 vative technologies or strategies to promote safety; (4) em7 ploy low-cost, high-impact strategies that can improve 

8 safety over a wider geographical area; (5) ensure, or will 

9 ensure, equitable investment in the safety needs of under10 served or rural communities in preventing transportation11 related fatalities and injuries, including to address the 

12 safety and mobility needs of communities with elderly pop13 ulations; (6) include evidence-based projects or strategies; 

14 and (7) meet other safety priorities as determined by the 

15 Secretary: Provided further, That not more than 15 per16 cent of the funds made available under this heading may 

17 be awarded to eligible projects in a single State: Provided 

18 further, That up to 40 percent of the funds made available 

19 under this heading may be awarded to projects to develop 

20 a comprehensive safety action plan: Provided further, That 

21 not less than 25 percent of the funds made available under 

22 this heading shall be awarded as rural awards, as defined 

23 under the ‘‘National Infrastructure Investments’’ heading 

24 in this Act: Provided further, That of the amounts award25 ed under this heading, not less than 10 percent may be 


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1 awarded for projects that directly benefit areas of per2 sistent poverty and disadvantaged communities as defined 

3 under section 193 of this Act: Provided further, That the 

4 Federal share of the cost of an eligible project carried out 

5 using a grant provided under this heading shall not exceed 

6 80 percent, unless the Secretary determines that a higher 

7 Federal share would be in the public interest: Provided 

8 further, That for rural awards, and awards to areas of per9 sistent poverty or to disadvantaged communities, the Sec10 retary may increase the Federal share of costs above 80 

11 percent: Provided further, That projects conducted using 

12 amounts made available under this heading shall comply 

13 with the requirements of subchapter IV of chapter 31 of 

14 title 40, United States Code: Provided further, That the 

15 Secretary shall apply to projects under this heading the 

16 Federal requirements that the Secretary determines are 

17 appropriate based on the purpose of the safe and acces18 sible roadways for all program, the requirements expressly 

19 stated under this heading, and the Federal requirements 

20 applicable to comparable projects supported by other De21 partment of Transportation financial assistance programs: 

22 Provided further, That the Secretary may retain up to 2 

23 percent of the amounts made available under this heading, 

24 and may transfer a portion of such amounts to the Admin25 istrator of the Federal Highways Administration, Federal 


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1 Railroad Administration, or Federal Transit Administra2 tion to fund the award, oversight, and administrative ex3 penses of the program. 

4 NATIONAL SURFACE TRANSPORTATION AND INNOVATIVE

5 FINANCE BUREAU

6 For necessary expenses of the National Surface 

7 Transportation and Innovative Finance Bureau as author8 ized by 49 U.S.C. 116, $3,800,000, to remain available 

9 until expended: Provided, That the Secretary may collect 

10 and spend fees, as authorized by title 23, United States 

11 Code, to cover the costs of services of expert firms, includ12 ing counsel, in the field of municipal and project finance 

13 to assist in the underwriting and servicing of Federal cred14 it instruments and all or a portion of the costs to the Fed15 eral Government of servicing such credit instruments: Pro16 vided further, That such fees are available until expended 

17 to pay for such costs: Provided further, That such amounts 

18 are in addition to other amounts made available for such 

19 purposes and are not subject to any obligation limitation 

20 or the limitation on administrative expenses under section 

21 608 of title 23, United States Code. 

22 RAILROAD REHABILITATION AND IMPROVEMENT

23 FINANCING PROGRAM

24 The Secretary is authorized to issue direct loans and 

25 loan guarantees pursuant to sections 501 through 504 of 


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1 the Railroad Revitalization and Regulatory Reform Act of 

2 1976 (Public Law 94–210), as amended, such authority 

3 shall exist as long as any such direct loan or loan guar4 antee is outstanding. 

5 FINANCIAL MANAGEMENT CAPITAL

6 For necessary expenses for upgrading and enhancing 

7 the Department of Transportation’s financial systems and 

8 re-engineering business processes, $5,000,000, to remain 

9 available through September 30, 2023. 

10 CYBER SECURITY INITIATIVES

11 For necessary expenses for cyber security initiatives, 

12 including necessary upgrades to network and information 

13 technology infrastructure, improvement of identity man14 agement and authentication capabilities, securing and pro15 tecting data, implementation of Federal cyber security ini16 tiatives, and implementation of enhanced security controls 

17 on agency computers and mobile devices, $39,440,000, to 

18 remain available until September 30, 2023. 

19 OFFICE OF CIVIL RIGHTS

20 For necessary expenses of the Office of Civil Rights, 

21 $11,564,000. 


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1 TRANSPORTATION PLANNING, RESEARCH, AND

2 DEVELOPMENT

3 (INCLUDING TRANSFER OF FUNDS)

4 For necessary expenses for conducting transportation 

5 planning, research, systems development, development ac6 tivities, and making grants, $30,413,000, to remain avail7 able until expended: Provided, That of such amount, 

8 $2,000,000 shall be for necessary expenses of the Inter9 agency Infrastructure Permitting Improvement Center 

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

11 to this appropriation, to remain available until expended, 

12 amounts transferred from other Federal agencies for ex13 penses incurred under this heading for IIPIC activities not 

14 related to transportation infrastructure: Provided further, 

15 That the tools and analysis developed by the IIPIC shall 

16 be available to other Federal agencies for the permitting 

17 and review of major infrastructure projects not related to 

18 transportation only to the extent that other Federal agen19 cies provide funding to the Department in accordance with 

20 the preceding proviso: Provided further, That of the 

21 amounts made available under this heading, $7,616,000 

22 shall be made available for the purposes, and in amounts, 

23 specified for Congressionally directed spending in the table 

24 entitled ‘‘Incorporation of Congressionally Directed 

25 Spending for Transportation Planning, Research, and DeVerDate Sep 11 2014 23:55 Oct 21, 2021 Jkt 029200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\S3045.IS S3045

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1 velopment’’ included in the explanatory statement accom2 panying this Act. 

3 WORKING CAPITAL FUND

4 (INCLUDING TRANSFER OF FUNDS)

5 For necessary expenses for operating costs and cap6 ital outlays of the Working Capital Fund, not to exceed 

7 $419,173,000, shall be paid from appropriations made 

8 available to the Department of Transportation: Provided, 

9 That such services shall be provided on a competitive basis 

10 to entities within the Department of Transportation 

11 (DOT): Provided further, That the limitation in the pre12 ceding proviso on operating expenses shall not apply to 

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

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

15 be transferred to the Working Capital Fund without ma16 jority approval of the Working Capital Fund Steering 

17 Committee and approval of the Secretary: Provided fur18 ther, That no assessments may be levied against any pro19 gram, budget activity, subactivity, or project funded by 

20 this Act unless notice of such assessments and the basis 

21 therefor are presented to the House and Senate Commit22 tees on Appropriations and are approved by such Commit23 tees. 


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1 SMALL AND DISADVANTAGED BUSINESS UTILIZATION AND

2 OUTREACH

3 For necessary expenses for small and disadvantaged 

4 business utilization and outreach activities, $4,977,000, to 

5 remain available until September 30, 2023: Provided, 

6 That notwithstanding section 332 of title 49, United 

7 States Code, such amounts may be used for business op8 portunities related to any mode of transportation: Pro9 vided further, That appropriations made available under 

10 this heading shall be available for any purpose consistent 

11 with prior year appropriations that were made available 

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

13 Business Resource Center Program’’. 

14 PAYMENTS TO AIR CARRIERS

15 (AIRPORT AND AIRWAY TRUST FUND)

16 In addition to funds made available from any other 

17 source to carry out the essential air service program under 

18 sections 41731 through 41742 of title 49, United States 

19 Code, $317,700,000, to be derived from the Airport and 

20 Airway Trust Fund, to remain available until expended: 

21 Provided, That in determining between or among carriers 

22 competing to provide service to a community, the Sec23 retary may consider the relative subsidy requirements of 

24 the carriers: Provided further, That basic essential air 

25 service minimum requirements shall not include the 15- 


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

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

3 amounts authorized to be distributed for the essential air 

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

5 States Code, shall be made available immediately from 

6 amounts otherwise provided to the Administrator of the 

7 Federal Aviation Administration: Provided further, That 

8 the Administrator may reimburse such amounts from fees 

9 credited to the account established under section 45303 

10 of title 49, United States Code. 

11 ELECTRIC VEHICLE FLEET

12 (INCLUDING TRANSFER OF FUNDS)

13 For necessary expenses to transition to the General 

14 Services Administration’s leased vehicle fleet, for the pur15 chase of electric passenger motor vehicles, and to provide 

16 necessary charging infrastructure, $11,000,000, to remain 

17 available until expended: Provided, That such amounts 

18 made available under this heading may be transferred to 

19 other accounts of the Department of Transportation for 

20 the purposes specified under this heading: Provided fur21 ther, That such transfer authority is in addition to any 

22 other transfer authority provided by law. 


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1 ADMINISTRATIVE PROVISIONS—OFFICE OF THE

2 SECRETARY OF TRANSPORTATION

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

4 Act to the Department of Transportation may be obligated 

5 for the Office of the Secretary of Transportation to ap6 prove assessments or reimbursable agreements pertaining 

7 to funds appropriated to the operating administrations in 

8 this Act, except for activities underway on the date of en9 actment of this Act, unless such assessments or agree10 ments have completed the normal reprogramming process 

11 for congressional notification. 

12 SEC. 102. The Secretary shall post on the web site 

13 of the Department of Transportation a schedule of all 

14 meetings of the Council on Credit and Finance, including 

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

16 Credit and Finance to record the decisions and actions 

17 of each meeting. 

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

19 327 of title 49, United States Code, the Department’s 

20 Working Capital Fund is authorized to provide partial or 

21 full payments in advance and accept subsequent reim22 bursements from all Federal agencies from available funds 

23 for transit benefit distribution services that are necessary 

24 to carry out the Federal transit pass transportation fringe 

25 benefit program under Executive Order No. 13150 and 


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1 section 3049 of SAFETEA–LU (5 U.S.C. 7905 note): 

2 Provided, That the Department shall maintain a reason3 able operating reserve in the Working Capital Fund, to 

4 be expended in advance to provide uninterrupted transit 

5 benefits to Government employees: Provided further, That 

6 such reserve shall not exceed 1 month of benefits payable 

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

8 the continuation of transit benefits: Provided further, That 

9 the Working Capital Fund shall be fully reimbursed by 

10 each customer agency from available funds for the actual 

11 cost of the transit benefit. 

12 SEC. 104. Receipts collected in the Department’s 

13 Working Capital Fund, as authorized by section 327 of 

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

15 in an amount not to exceed 10 percent of fiscal year 2022 

16 collections, shall be available until expended in the Depart17 ment’s Working Capital Fund to provide contractual serv18 ices in support of section 190 of this Act: Provided, That 

19 obligations in fiscal year 2022 of such collections shall not 

20 exceed $1,000,000. 

21 SEC. 105. None of the funds in this Act may be obli22 gated or expended for retention or senior executive bo23 nuses for an employee of the Department of Transpor24 tation without the prior written approval of the Assistant 

25 Secretary for Administration. 


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1 SEC. 106. In addition to authority provided by section 

2 327 of title 49, United States Code, the Department’s Ad3 ministrative Working Capital Fund is hereby authorized 

4 to transfer information technology equipment, software, 

5 and systems from Departmental sources or other entities 

6 and collect and maintain a reserve at rates which will re7 turn full cost of transferred assets. 

8 SEC. 107. None of the funds provided in this Act to 

9 the Department of Transportation may be used to provide 

10 credit assistance unless not less than 3 days before any 

11 application approval to provide credit assistance under 

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

13 Secretary provides notification in writing to the following 

14 committees: the House and Senate Committees on Appro15 priations; the Committee on Environment and Public 

16 Works and the Committee on Banking, Housing and 

17 Urban Affairs of the Senate; and the Committee on Trans18 portation and Infrastructure of the House of Representa19 tives: Provided, That such notification shall include, but 

20 not be limited to, the name of the project sponsor; a de21 scription of the project; whether credit assistance will be 

22 provided as a direct loan, loan guarantee, or line of credit; 

23 and the amount of credit assistance. 

24 SEC. 108. For an additional amount for ‘‘Railroad 

25 Rehabilitation and Improvement Financing Program’’ for 


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1 the cost of modifications, as defined by section 502 of the 

2 Federal Credit Reform Act of 1990, of direct loans issued 

3 pursuant to sections 501 through 504 of the Railroad Re4 vitalization and Regulatory Reform Act of 1976 (Public 

5 Law 94–210), as amended, and included in cohort 3, as 

6 defined by the Department of Transportation’s memo7 randum to the Office of Management and Budget dated 

8 November 5, 2018, $10,000,000, to remain available until 

9 expended: Provided, That for a direct loan included in co10 hort 3, as defined in the memorandum described in the 

11 preceding proviso, that has satisfied all obligations at12 tached to such loan, the Secretary shall repay the credit 

13 risk premiums of such loan, with interest accrued thereon, 

14 not later than 60 days after the enactment of this Act 

15 or, for a direct loan included in cohort 3 with obligations 

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

17 after the date on which all obligations attached to such 

18 loan have been satisfied. 

19 SEC. 109. Section 312(a) of title 49 United States 

20 Code, shall be modified by striking ‘‘land-based,’’ after 

21 ‘‘operation of a’’. 


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1 FEDERAL AVIATION ADMINISTRATION

2 OPERATIONS

3 (AIRPORT AND AIRWAY TRUST FUND)

4 For necessary expenses of the Federal Aviation Ad5 ministration, not otherwise provided for, including oper6 ations and research activities related to commercial space 

7 transportation, administrative expenses for research and 

8 development, establishment of air navigation facilities, the 

9 operation (including leasing) and maintenance of aircraft, 

10 subsidizing the cost of aeronautical charts and maps sold 

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

12 vehicles for replacement only, $11,434,100,000, to remain 

13 available until September 30, 2023, of which 

14 $8,434,100,000 to be derived from the Airport and Airway 

15 Trust Fund: Provided, That of the amounts made avail16 able under this heading— 

17 (1) not less than $1,536,298,000 shall be avail18 able for aviation safety activities; 

19 (2) $8,489,585,000 shall be available for air 

20 traffic organization activities; 

21 (3) $32,470,000 shall be available for commer22 cial space transportation activities; 

23 (4) $892,216,000 shall be available for finance 

24 and management activities; 


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1 (5) $63,955,000 shall be available for NextGen 

2 and operations planning activities; 

3 (6) $139,466,000 shall be available for security 

4 and hazardous materials safety; and 

5 (7) $280,110,000 shall be available for staff of6 fices: 

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

8 budget activity, except for aviation safety budget activity, 

9 may be transferred to any budget activity under this head10 ing: Provided further, That no transfer may increase or 

11 decrease any appropriation under this heading by more 

12 than 5 percent: Provided further, That any transfer in ex13 cess of 5 percent shall be treated as a reprogramming of 

14 funds under section 405 of this Act and shall not be avail15 able for obligation or expenditure except in compliance 

16 with the procedures set forth in that section: Provided fur17 ther, That not later than 60 days after the submission of 

18 the budget request, the Administrator of the Federal Avia19 tion Administration shall transmit to Congress an annual 

20 update to the report submitted to Congress in December 

21 2004 pursuant to section 221 of the Vision 100-Century 

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

23 Provided further, That the amounts made available under 

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

25 after 60 days after the submission of the budget request 


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1 that such report has not been transmitted to Congress: 

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

3 submission of the budget request, the Administrator shall 

4 transmit to Congress a companion report that describes 

5 a comprehensive strategy for staffing, hiring, and training 

6 flight standards and aircraft certification staff in a format 

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

8 including stated attrition estimates and numerical hiring 

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

10 made available under this heading shall be reduced by 

11 $100,000 for each day after the date that is 60 days after 

12 the submission of the budget request that such report has 

13 not been submitted to Congress: Provided further, That 

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

15 a nonprofit standard-setting organization to assist in the 

16 development of aviation safety standards: Provided fur17 ther, That none of the funds made available by this Act 

18 shall be available for new applicants for the second career 

19 training program: Provided further, That none of the 

20 funds made available by this Act shall be available for the 

21 Federal Aviation Administration to finalize or implement 

22 any regulation that would promulgate new aviation user 

23 fees not specifically authorized by law after the date of 

24 the enactment of this Act: Provided further, That there 

25 may be credited to this appropriation, as offsetting collecVerDate Sep 11 2014 23:55 Oct 21, 2021 Jkt 029200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\S3045.IS S3045

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1 tions, funds received from States, counties, municipalities, 

2 foreign authorities, other public authorities, and private 

3 sources for expenses incurred in the provision of agency 

4 services, including receipts for the maintenance and oper5 ation of air navigation facilities, and for issuance, renewal 

6 or modification of certificates, including airman, aircraft, 

7 and repair station certificates, or for tests related thereto, 

8 or for processing major repair or alteration forms: Pro9 vided further, That of the amounts made available under 

10 this heading, not less than $178,400,000 shall be used to 

11 fund direct operations of the current air traffic control 

12 towers in the contract tower program, including the con13 tract tower cost share program, and any airport that is 

14 currently qualified or that will qualify for the program 

15 during the fiscal year: Provided further, That none of the 

16 funds made available by this Act for aeronautical charting 

17 and cartography are available for activities conducted by, 

18 or coordinated through, the Working Capital Fund: Pro19 vided further, That none of the funds appropriated or oth20 erwise made available by this Act or any other Act may 

21 be used to eliminate the Contract Weather Observers pro22 gram at any airport. 


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1 FACILITIES AND EQUIPMENT

2 (AIRPORT AND AIRWAY TRUST FUND)

3 For necessary expenses, not otherwise provided for, 

4 for acquisition, establishment, technical support services, 

5 improvement by contract or purchase, and hire of national 

6 airspace systems and experimental facilities and equip7 ment, as authorized under part A of subtitle VII of title 

8 49, United States Code, including initial acquisition of 

9 necessary sites by lease or grant; engineering and service 

10 testing, including construction of test facilities and acqui11 sition of necessary sites by lease or grant; construction 

12 and furnishing of quarters and related accommodations 

13 for officers and employees of the Federal Aviation Admin14 istration stationed at remote localities where such accom15 modations are not available; and the purchase, lease, or 

16 transfer of aircraft from funds made available under this 

17 heading, including aircraft for aviation regulation and cer18 tification; to be derived from the Airport and Airway Trust 

19 Fund, $3,200,000,000, of which $550,000,000 shall re20 main available until September 30, 2023, $2,264,280,200 

21 shall remain available until September 30, 2024, and 

22 $385,719,800 shall remain available until September 30, 

23 2028: Provided, That there may be credited to this appro24 priation funds received from States, counties, municipali25 ties, other public authorities, and private sources, for exVerDate Sep 11 2014 23:55 Oct 21, 2021 Jkt 029200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\S3045.IS S3045

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1 penses incurred in the establishment, improvement, and 

2 modernization of national airspace systems: Provided fur3 ther, That not later than 60 days after submission of the 

4 budget request, the Secretary of Transportation shall 

5 transmit to the Congress an investment plan for the Fed6 eral Aviation Administration which includes funding for 

7 each budget line item for fiscal years 2023 through 2027, 

8 with total funding for each year of the plan constrained 

9 to the funding targets for those years as estimated and 

10 approved by the Office of Management and Budget. 

11 RESEARCH, ENGINEERING, AND DEVELOPMENT

12 (AIRPORT AND AIRWAY TRUST FUND)

13 For necessary expenses, not otherwise provided for, 

14 for research, engineering, and development, as authorized 

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

16 Code, including construction of experimental facilities and 

17 acquisition of necessary sites by lease or grant, 

18 $258,500,000, to be derived from the Airport and Airway 

19 Trust Fund and to remain available until September 30, 

20 2024: Provided, That there may be credited to this appro21 priation as offsetting collections, funds received from 

22 States, counties, municipalities, other public authorities, 

23 and private sources, which shall be available for expenses 

24 incurred for research, engineering, and development: Pro25 vided further, That amounts made available under this 


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1 heading shall be used in accordance with the explanatory 

2 statement accompanying this Act: Provided further, That 

3 not to exceed 10 percent of any funding level specified 

4 under this heading in the explanatory statement accom5 panying this Act may be transferred to any other funding 

6 level specified under this heading in the explanatory state7 ment accompanying this Act: Provided further, That no 

8 transfer may increase or decrease any funding level by 

9 more than 10 percent: Provided further, That any transfer 

10 in excess of 10 percent shall be treated as a reprogram11 ming of funds under section 405 of this Act and shall not 

12 be available for obligation or expenditure except in compli13 ance with the procedures set forth in that section. 

14 GRANTS-IN-AID FOR AIRPORTS

15 (LIQUIDATION OF CONTRACT AUTHORIZATION)

16 (LIMITATION ON OBLIGATIONS)

17 (AIRPORT AND AIRWAY TRUST FUND)

18 (INCLUDING TRANSFER OF FUNDS)

19 For liquidation of obligations incurred for grants-in20 aid for airport planning and development, and noise com21 patibility planning and programs as authorized under sub22 chapter I of chapter 471 and subchapter I of chapter 475 

23 of title 49, United States Code, and under other law au24 thorizing such obligations; for procurement, installation, 

25 and commissioning of runway incursion prevention devices 


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

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

3 for inspection activities and administration of airport safe4 ty programs, including those related to airport operating 

5 certificates under section 44706 of title 49, United States 

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

7 Airway Trust Fund and to remain available until ex8 pended: Provided, That none of the amounts made avail9 able under this heading shall be available for the planning 

10 or execution of programs the obligations for which are in 

11 excess of $3,350,000,000, in fiscal year 2022, notwith12 standing section 47117(g) of title 49, United States Code: 

13 Provided further, That none of the amounts made available 

14 under this heading shall be available for the replacement 

15 of baggage conveyor systems, reconfiguration of terminal 

16 baggage areas, or other airport improvements that are 

17 necessary to install bulk explosive detection systems: Pro18 vided further, That notwithstanding section 47109(a) of 

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

20 allowable project costs under paragraph (2) of such sec21 tion for subgrants or paragraph (3) of such section shall 

22 be 95 percent for a project at other than a large or me23 dium hub airport that is a successive phase of a multi24 phased construction project for which the project sponsor 

25 received a grant in fiscal year 2011 for the construction 


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1 project: Provided further, That notwithstanding any other 

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

3 not more than $127,165,000 shall be available for admin4 istration, not less than $15,000,000 shall be available for 

5 the Airport Cooperative Research Program, not less than 

6 $40,961,000 shall be available for Airport Technology Re7 search, and $10,000,000, to remain available until ex8 pended, shall be available and transferred to ‘‘Office of 

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

10 Small Community Air Service Development Program: Pro11 vided further, That in addition to airports eligible under 

12 section 41743 of title 49, United States Code, such pro13 gram may include the participation of an airport that 

14 serves a community or consortium that is not larger than 

15 a small hub airport, according to FAA hub classifications 

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

17 request for proposals. 

18 GRANTS-IN-AID FOR AIRPORTS

19 For an additional amount for ‘‘Grants-In-Aid for Air20 ports’’, to enable the Secretary of Transportation to make 

21 grants for projects as authorized by subchapter 1 of chap22 ter 471 and subchapter 1 of chapter 475 of title 49, 

23 United States Code, $603,471,000, to remain available 

24 through September 30, 2024: Provided, That amounts 

25 made available under this heading shall be derived from 


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1 the general fund, and such funds shall not be subject to 

2 apportionment formulas, special apportionment categories, 

3 or minimum percentages under chapter 471 of title 49, 

4 United States Code: Provided further, That of the amounts 

5 made available under this heading, $203,471,000 shall be 

6 made available for the purposes, and in amounts, specified 

7 for Congressionally directed spending in the table entitled 

8 ‘‘Incorporation of Congressionally Directed Spending for 

9 Airport Improvement Program’’ included in the explana10 tory statement accompanying this Act: Provided further, 

11 That any remaining funds available after the distribution 

12 of funds under the preceding proviso shall be available to 

13 the Secretary to distribute as discretionary grants to air14 ports: Provided further, That the amounts made available 

15 under this heading shall not be subject to any limitation 

16 on obligations for the Grants-in-Aid for Airports program 

17 set forth in any Act: Provided further, That the Adminis18 trator of the Federal Aviation Administration may retain 

19 up to 0.5 percent of the amounts made available under 

20 this heading to fund the award and oversight by the Ad21 ministrator of grants made under this heading. 

22 ADMINISTRATIVE PROVISIONS—FEDERAL AVIATION

23 ADMINISTRATION

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

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


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1 staff-years under the federally funded research and devel2 opment center contract between the Federal Aviation Ad3 ministration and the Center for Advanced Aviation Sys4 tems Development during fiscal year 2022. 

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

6 Act shall be used to pursue or adopt guidelines or regula7 tions requiring airport sponsors to provide to the Federal 

8 Aviation Administration without cost building construc9 tion, maintenance, utilities and expenses, or space in air10 port sponsor-owned buildings for services relating to air 

11 traffic control, air navigation, or weather reporting: Pro12 vided, That the prohibition on the use of funds in this 

13 section does not apply to negotiations between the agency 

14 and airport sponsors to achieve agreement on ‘‘below-mar15 ket’’ rates for these items or to grant assurances that re16 quire airport sponsors to provide land without cost to the 

17 Federal Aviation Administration for air traffic control fa18 cilities. 

19 SEC. 112. The Administrator of the Federal Aviation 

20 Administration may reimburse amounts made available to 

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

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

23 United States Code, and any amount remaining in such 

24 account at the close of any fiscal year may be made availVerDate Sep 11 2014 23:55 Oct 21, 2021 Jkt 029200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6201 E:\BILLS\S3045.IS S3045

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1 able to satisfy section 41742(a)(1) of title 49, United 

2 States Code, for the subsequent fiscal year. 

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

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

5 appropriation current at the time of collection, to be 

6 merged with and available for the same purposes as such 

7 appropriation. 

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

9 Act shall be available for paying premium pay under sec10 tion 5546(a) of title 5, United States Code, to any Federal 

11 Aviation Administration employee unless such employee 

12 actually performed work during the time corresponding to 

13 such premium pay. 

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

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

16 Federal Aviation Administration to purchase a store gift 

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

18 credit card. 

19 SEC. 116. Notwithstanding any other provision of 

20 law, none of the funds made available under this Act or 

21 any prior Act may be used to implement or to continue 

22 to implement any limitation on the ability of any owner 

23 or operator of a private aircraft to obtain, upon a request 

24 to the Administrator of the Federal Aviation Administra25 tion, a blocking of that owner’s or operator’s aircraft regVerDate Sep 11 2014 23:55 Oct 21, 2021 Jkt 029200 PO 00000 Frm 00036 Fmt 6652 Sfmt 6201 E:\BILLS\S3045.IS S3045

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1 istration number, Mode S transponder code, flight identi2 fication, call sign, or similar identifying information from 

3 any ground based display to the public that would allow 

4 the real-time or near real-time flight tracking of that air5 craft’s movements, except data made available to a Gov6 ernment agency, for the noncommercial flights of that 

7 owner or operator. 

8 SEC. 117. None of the funds made available by this 

9 Act shall be available for salaries and expenses of more 

10 than nine political and Presidential appointees in the Fed11 eral Aviation Administration. 

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

13 Act may be used to increase fees pursuant to section 

14 44721 of title 49, United States Code, until the Federal 

15 Aviation Administration provides to the House and Senate 

16 Committees on Appropriations a report that justifies all 

17 fees related to aeronautical navigation products and ex18 plains how such fees are consistent with Executive Order 

19 No. 13642. 

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

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

22 the Federal Aviation Administration or reduce its services 

23 unless the Administrator notifies the House and Senate 

24 Committees on Appropriations not less than 90 full busi25 ness days in advance. 


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1 SEC. 119A. None of the funds made available by or 

2 limited by this Act may be used to change weight restric3 tions or prior permission rules at Teterboro airport in 

4 Teterboro, New Jersey. 

5 SEC. 119B. None of the funds made available by this 

6 Act may be used by the Administrator of the Federal Avia7 tion Administration to withhold from consideration and 

8 approval any new application for participation in the Con9 tract Tower Program, or for reevaluation of Cost-share 

10 Program participants so long as the Federal Aviation Ad11 ministration has received an application from the airport, 

12 and so long as the Administrator determines such tower 

13 is eligible using the factors set forth in Federal Aviation 

14 Administration published establishment criteria. 

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

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

17 office, or reorganize a regional office, the aeronautical cen18 ter, or the technical center unless the Administrator sub19 mits a request for the reprogramming of funds under sec20 tion 405 of this Act. 

21 SEC. 119D. The Federal Aviation Administration Ad22 ministrative Services Franchise Fund may be reimbursed 

23 after performance or paid in advance from funds available 

24 to the Federal Aviation Administration and other Federal 

25 agencies for which the Fund performs services. 


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1 SEC. 119E. Of the funds provided under the heading 

2 ‘‘Grants-in-aid for Airports’’, up to $3,500,000 shall be 

3 for necessary expenses, including an independent 

4 verification regime, to provide reimbursement to airport 

5 sponsors that do not provide gateway operations and pro6 viders of general aviation ground support services, or other 

7 aviation tenants, located at those airports closed during 

8 a temporary flight restriction (TFR) for any residence of 

9 the President that is designated or identified to be secured 

10 by the United States Secret Service, and for direct and 

11 incremental financial losses incurred while such airports 

12 are closed solely due to the actions of the Federal Govern13 ment: Provided, That no funds shall be obligated or dis14 tributed to airport sponsors that do not provide gateway 

15 operations and providers of general aviation ground sup16 port services until an independent audit is completed: Pro17 vided further, That losses incurred as a result of violations 

18 of law, or through fault or negligence, of such operators 

19 and service providers or of third parties (including air20 ports) are not eligible for reimbursements: Provided fur21 ther, That obligation and expenditure of funds are condi22 tional upon full release of the United States Government 

23 for all claims for financial losses resulting from such ac24 tions. 


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1 SEC. 119F. In this fiscal year and each fiscal year 

2 thereafter, none of the funds appropriated or otherwise 

3 made available to the FAA may be used to carry out the 

4 FAA’s obligations under section 44502(e) of title 49, 

5 United States Code, unless the eligible air traffic system 

6 or equipment to be transferred to the FAA under section 

7 44502(e) of title 49, United States Code, was purchased 

8 by the transferor airport— 

9 (1) during the period of time beginning on Oc10 tober 5, 2018 and ending on December 31, 2021; or 

11 (2) on or after January 1, 2022 for transferor 

12 airports located in a non-contiguous states. 

13 FEDERAL HIGHWAY ADMINISTRATION

14 LIMITATION ON ADMINISTRATIVE EXPENSES

15 (HIGHWAY TRUST FUND)

16 (INCLUDING TRANSFER OF FUNDS)

17 Not to exceed $492,000,000 together with advances 

18 and reimbursements received by the Federal Highway Ad19 ministration, shall be obligated for necessary expenses for 

20 administration and operation of the Federal Highway Ad21 ministration: Provided, That in addition, $3,248,000 shall 

22 be transferred to the Appalachian Regional Commission 

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

24 States Code. 


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1 FEDERAL-AID HIGHWAYS

2 (LIMITATION ON OBLIGATIONS)

3 (HIGHWAY TRUST FUND)

4 Funds available for the implementation or execution 

5 of Federal-aid highway and highway safety construction 

6 programs authorized under titles 23 and 49, United States 

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

8 Transportation (FAST) Act (Public Law 114–94) shall 

9 not exceed total obligations of $46,365,092,000 for fiscal 

10 year 2022. 

11 (LIQUIDATION OF CONTRACT AUTHORIZATION)

12 (HIGHWAY TRUST FUND)

13 For the payment of obligations incurred in carrying 

14 out Federal-aid highway and highway safety construction 

15 programs authorized under title 23, United States Code, 

16 $47,104,092,000 derived from the Highway Trust Fund 

17 (other than the Mass Transit Account), to remain avail18 able until expended. 

19 HIGHWAY INFRASTRUCTURE PROGRAMS

20 (INCLUDING TRANSFER OF FUNDS)

21 There is hereby appropriated to the Secretary 

22 $2,839,611,000: Provided, That the funds made available 

23 under this heading shall be derived from the general fund, 

24 shall be in addition to any funds provided for fiscal year 

25 2022 in this or any other Act for: (1) ‘‘Federal-aid HighVerDate Sep 11 2014 23:55 Oct 21, 2021 Jkt 029200 PO 00000 Frm 00041 Fmt 6652 Sfmt 6201 E:\BILLS\S3045.IS S3045

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1 ways’’ under chapter 1 of title 23, United States Code; 

2 (2) the Appalachian Development Highway System as au3 thorized under section 1069(y) of Public Law 102–240; 

4 or (3) the Norther Border Regional Commission (40 

5 U.S.C. 15101 et seq.), and shall not affect the distribution 

6 or amount of funds provided in any other Act: Provided 

7 further, That, except for funds made available under this 

8 heading for the Northern Border Regional Commission, 

9 section 1101(b) of Public Law 114–94 shall apply to funds 

10 made available under this heading: Provided further, That 

11 unless otherwise specified, amounts made available under 

12 this heading shall be available until September 30, 2025: 

13 Provided further, That of the funds made available under 

14 this heading— 

15 (1) $499,611,000 shall be made available for 

16 the purposes, and in the amounts, specified for Con17 gressionally directed spending in the table entitled 

18 ‘‘Incorporation of Congressionally Directed Spending 

19 for Highway Infrastructure Programs’’ included in 

20 the explanatory statement accompanying this Act; 

21 (2) $640,680,000 shall be for activities eligible 

22 under section 133(b) of title 23, United States Code, 

23 and to provide necessary charging infrastructure 

24 along corridor-ready or corridor-pending alternative 


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1 fuel corridors designated pursuant to section 151 of 

2 title 23, United States Code; 

3 (3) $2,670,000 shall be for activities eligible 

4 under the Puerto Rico Highway Program as de5 scribed in section 165(b)(2)(C) of title 23, United 

6 States Code; 

7 (4) $650,000 shall be for activities eligible 

8 under the Territorial Highway Program, as de9 scribed in section 165(c)(6) of title 23, United 

10 States Code; 

11 (5) $100,000,000 shall be for the nationally 

12 significant Federal lands and tribal projects program 

13 under section 1123 of the FAST Act; 

14 (6) $1,345,000,000 shall be for a bridge re15 placement and rehabilitation program; 

16 (7) $125,000,000 shall be for a competitive 

17 highway bridge program; 

18 (8) $100,000,000 shall be for necessary ex19 penses for construction of the Appalachian Develop20 ment Highway System as authorized under section 

21 1069(y) of Public Law 102–240; 

22 (9) $16,000,000 shall be for the national scenic 

23 byways program under section 162 of title 23, 

24 United States Code; and 


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1 (10) $10,000,000 shall be transferred to the 

2 Northern Border Regional Commission (40 U.S.C. 

3 15101 et seq.) to make grants to carry out pilot 

4 projects that demonstrate the capabilities of wood5 based infrastructure projects: 

6 Provided further, That for the purposes of funds made 

7 available under this heading, in paragraphs (2) and (7) 

8 of the fourth proviso, the term ‘‘State’’ means any of the 

9 50 States or the District of Columbia: Provided further, 

10 That the funds made available under this heading, in 

11 paragraph (2) of the fourth proviso, shall be suballocated 

12 in the manner described in section 133(d) of title 23, 

13 United States Code, except that the set-aside described in 

14 section 133(h) of such title shall not apply to funds made 

15 available under this heading, in paragraph (2) of the 

16 fourth proviso: Provided further, That, except as otherwise 

17 provided under this heading, the funds made available 

18 under this heading, in paragraphs (1), (2), (6), (7), and 

19 (9) of the fourth proviso, shall be administered as if appor20 tioned under chapter 1 of such title: Provided further, 

21 That the funds made available under this heading, in 

22 paragraph (1) of the fourth proviso, that are used for 

23 Tribal projects shall be administered as if allocated under 

24 chapter 2 of title 23, United States Code, except that the 

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


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1 202(b)(3) of title 23, United States Code, and subsections 

2 (a)(6), (c), (d), and (e) of section 202 of such title shall 

3 not apply to such funds: Provided further, That, the funds 

4 made available under this heading, in paragraph (2) of 

5 the fourth proviso, shall be apportioned to the States in 

6 the same ratio as the obligation limitation for fiscal year 

7 2022 is distributed among the States in section 120(a)(5) 

8 of this Act: Provided further, That, except as provided in 

9 the following proviso, the funds made available under this 

10 heading, in paragraph (3) of the fourth proviso, for activi11 ties eligible under the Puerto Rico Highway Program and, 

12 in paragraph (4) of the fourth proviso, for activities eligi13 ble under the Territorial Highway Program shall be ad14 ministered as if allocated under sections 165(b) and 

15 165(c), respectively, of title 23, United States Code: Pro16 vided further, That the funds made available under this 

17 heading, in paragraph (3) of the fourth proviso, for activi18 ties eligible under the Puerto Rico Highway Program shall 

19 not be subject to the requirements of sections 

20 165(b)(2)(A) or 165(b)(2)(B) of such title: Provided fur21 ther, That not less than 25 percent of the funds made 

22 available under this heading, in paragraph (5) of the 

23 fourth proviso, for the nationally significant Federal lands 

24 and tribal projects program under section 1123 of the 

25 FAST Act shall be for competitive grants to tribal governVerDate Sep 11 2014 23:55 Oct 21, 2021 Jkt 029200 PO 00000 Frm 00045 Fmt 6652 Sfmt 6201 E:\BILLS\S3045.IS S3045

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1 ments: Provided further, That for the purposes of funds 

2 made available under this heading, in paragraph (6) of 

3 the fourth proviso, for a bridge replacement and rehabili4 tation program, (1) the term ‘‘State’’ means any of the 

5 50 States or the District of Columbia, and (2) the term 

6 ‘‘qualifying State’’ means any State in which the percent7 age of total deck area of bridges classified as in poor con8 dition in such State is at least 5 percent or in which the 

9 percentage of total bridges classified as in poor condition 

10 in such State is at least 5 percent: Provided further, That, 

11 of the funds made available under this heading, in para12 graph (6) of the fourth proviso, for a bridge replacement 

13 and rehabilitation program, the Secretary shall reserve 

14 $6,000,000 for each State that does not meet the defini15 tion of a qualifying State: Provided further, That, after 

16 making the reservations under the preceding proviso, the 

17 Secretary shall distribute the remaining funds made avail18 able under this heading, in paragraph (6) of the fourth 

19 proviso, for a bridge replacement and rehabilitation pro20 gram to each qualifying State by the proportion that the 

21 percentage of total deck area of bridges classified as in 

22 poor condition in such qualifying State bears to the sum 

23 of the percentages of total deck area of bridges classified 

24 as in poor condition in all qualifying States: Provided fur25 ther, That, of the funds made available under this heading, 


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1 in paragraph (6) of the fourth proviso, for the bridge re2 placement and rehabilitation program: 

3 (1) no qualifying State shall receive more than 

4 $60,000,000; 

5 (2) each State shall receive an amount not less 

6 than $6,000,000; and 

7 (3) after calculating the distribution of funds 

8 pursuant to the preceding proviso, any amount in 

9 excess of $60,000,000 shall be redistributed equally 

10 among each State that does not meet the definition 

11 of a qualifying State: 

12 Provided further, That funds made available under this 

13 heading, in paragraph (6) of the fourth proviso, provided 

14 to States that do not meet the definition of a qualifying 

15 State for the bridge replacement and rehabilitation pro16 gram under this heading shall be: (1) merged with 

17 amounts made available to such State under this heading, 

18 in paragraph (2) of the fourth proviso; (2) available for 

19 activities eligible under paragraph (2) of the fourth pro20 viso; and (3) administered as if apportioned under chapter 

21 1 of title 23, United States Code: Provided further, That, 

22 except as provided in the preceding proviso, the funds 

23 made available under this heading, in paragraph (6) of 

24 the fourth proviso, for a bridge replacement and rehabili25 tation program shall be used for highway bridge replaceVerDate Sep 11 2014 23:55 Oct 21, 2021 Jkt 029200 PO 00000 Frm 00047 Fmt 6652 Sfmt 6201 E:\BILLS\S3045.IS S3045

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1 ment or rehabilitation projects on public roads: Provided 

2 further, That for purposes of this heading for the bridge 

3 replacement and rehabilitation program, the Secretary 

4 shall calculate the percentages of total deck area of 

5 bridges (including the percentages of total deck area clas6 sified as in poor condition) and the percentages of total 

7 bridge counts (including the percentages of total bridges 

8 classified as in poor condition) based on the National 

9 Bridge Inventory as of December 31, 2018: Provided fur10 ther, That for the purposes of funds made available under 

11 this heading, in paragraph (7) of the fourth proviso, for 

12 a competitive highway bridge program, the Secretary shall 

13 provide competitive grants for replacement, rehabilitation, 

14 preservation, protection, and construction of bridges on 

15 public roads: Provided further, That for the purposes of 

16 funds made available under this heading, in paragraph (7) 

17 of the fourth proviso, for a competitive highway bridge 

18 program, the Secretary shall prioritize grant awards for 

19 bridge projects that are located in: (1) States with high 

20 bridge replacement unit costs; or (2) rural areas that are 

21 geographically isolated or do not have alternate roadways 

22 to access a community: Provided further, That for the pur23 poses of funds made available under this heading, in para24 graph (8) of the fourth proviso, for construction of the 

25 Appalachian Development Highway System, the term 


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1 ‘‘Appalachian State’’ means a State that contains 1 or 

2 more counties (including any political subdivision located 

3 within the area) in the Appalachian region as defined in 

4 section 14102(a) of title 40, United States Code: Provided 

5 further, That funds made available under this heading for 

6 construction of the Appalachian Development Highway 

7 System shall remain available until expended: Provided 

8 further, That a project carried out with funds made avail9 able under this heading for construction of the Appa10 lachian Development Highway System shall be carried out 

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

12 title 40, United States Code: Provided further, That sub13 ject to the following proviso, funds made available under 

14 this heading for construction of the Appalachian Develop15 ment Highway System shall be apportioned to Appa16 lachian States according to the percentages derived from 

17 the 2012 Appalachian Development Highway System 

18 Cost-to-Complete Estimate, adopted in Appalachian Re19 gional Commission Resolution Number 736, and con20 firmed as each Appalachian State’s relative share of the 

21 estimated remaining need to complete the Appalachian 

22 Development Highway System, adjusted to exclude those 

23 corridors that such States have no current plans to com24 plete, as reported in the 2013 Appalachian Development 

25 Highway System Completion Report, unless those States 


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1 have modified and assigned a higher priority for comple2 tion of an Appalachian Development Highway System cor3 ridor, as reported in the 2020 Appalachian Development 

4 Highway System Future Outlook: Provided further, That 

5 the Secretary shall adjust apportionments made under the 

6 preceding proviso so that no Appalachian State shall be 

7 apportioned an amount in excess of 30 percent of the 

8 amount made available for construction of the Appa9 lachian Development Highway System under this heading: 

10 Provided further, That the Secretary shall consult with the 

11 Appalachian Regional Commission in making adjustments 

12 under the preceding two provisos: Provided further, That 

13 the Federal share of the costs for which an expenditure 

14 is made for construction of the Appalachian Development 

15 Highway System under this heading shall be up to 100 

16 percent: Provided further, That a grant made with funds 

17 made available under this heading, in paragraph (10) of 

18 the fourth proviso, shall be administered in the same man19 ner as a grant made under subtitle V of title 40, United 

20 States Code. 

21 ADMINISTRATIVE PROVISIONS—FEDERAL HIGHWAY

22 ADMINISTRATION

23 SEC. 120. (a) For fiscal year 2022, the Secretary of 

24 Transportation shall— 


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1 (1) not distribute from the obligation limitation 

2 for Federal-aid highways— 

3 (A) amounts authorized for administrative 

4 expenses and programs by section 104(a) of 

5 title 23, United States Code; and 

6 (B) amounts authorized for the Bureau of 

7 Transportation Statistics; 

8 (2) not distribute an amount from the obliga9 tion limitation for Federal-aid highways that is equal 

10 to the unobligated balance of amounts— 

11 (A) made available from the Highway 

12 Trust Fund (other than the Mass Transit Ac13 count) for Federal-aid highway and highway 

14 safety construction programs for previous fiscal 

15 years the funds for which are allocated by the 

16 Secretary (or apportioned by the Secretary 

17 under sections 202 or 204 of title 23, United 

18 States Code); and 

19 (B) for which obligation limitation was 

20 provided in a previous fiscal year; 

21 (3) determine the proportion that— 

22 (A) the obligation limitation for Federal23 aid highways, less the aggregate of amounts not 

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

25 this subsection; bears to 


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

2 appropriated for the Federal-aid highway and 

3 highway safety construction programs (other 

4 than sums authorized to be appropriated for 

5 provisions of law described in paragraphs (1) 

6 through (11) of subsection (b) and sums au7 thorized to be appropriated for section 119 of 

8 title 23, United States Code, equal to the 

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

10 such fiscal year), less the aggregate of the 

11 amounts not distributed under paragraphs (1) 

12 and (2) of this subsection; 

13 (4) distribute the obligation limitation for Fed14 eral-aid highways, less the aggregate amounts not 

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

16 of the programs (other than programs to which 

17 paragraph (1) applies) that are allocated by the Sec18 retary under the Fixing America’s Surface Trans19 portation Act and title 23, United States Code, or 

20 apportioned by the Secretary under sections 202 or 

21 204 of that title, by multiplying— 

22 (A) the proportion determined under para23 graph (3); by 


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1 (B) the amounts authorized to be appro2 priated for each such program for such fiscal 

3 year; and 

4 (5) distribute the obligation limitation for Fed5 eral-aid highways, less the aggregate amounts not 

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

7 amounts distributed under paragraph (4), for Fed8 eral-aid highway and highway safety construction 

9 programs that are apportioned by the Secretary 

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

11 amounts apportioned for the National Highway Per12 formance Program in section 119 of title 23, United 

13 States Code, that are exempt from the limitation 

14 under subsection (b)(12) and the amounts appor15 tioned under sections 202 and 204 of that title) in 

16 the proportion that— 

17 (A) amounts authorized to be appropriated 

18 for the programs that are apportioned under 

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

20 such fiscal year; bears to 

21 (B) the total of the amounts authorized to 

22 be appropriated for the programs that are ap23 portioned under title 23, United States Code, to 

24 all States for such fiscal year. 


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1 (b) EXCEPTIONS FROM OBLIGATION LIMITATION.— 

2 The obligation limitation for Federal-aid highways shall 

3 not apply to obligations under or for— 

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

5 (2) section 147 of the Surface Transportation 

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

7 Stat. 2714); 

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

9 of 1981 (95 Stat. 1701); 

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

11 Surface Transportation Assistance Act of 1982 (96 

12 Stat. 2119); 

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

14 Surface Transportation and Uniform Relocation As15 sistance Act of 1987 (101 Stat. 198); 

16 (6) sections 1103 through 1108 of the Inter17 modal Surface Transportation Efficiency Act of 

18 1991 (105 Stat. 2027); 

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

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

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

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

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

24 of those fiscal years); 


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1 (9) Federal-aid highway programs for which ob2 ligation authority was made available under the 

3 Transportation Equity Act for the 21st Century 

4 (112 Stat. 107) or subsequent Acts for multiple 

5 years or to remain available until expended, but only 

6 to the extent that the obligation authority has not 

7 lapsed or been used; 

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

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

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

11 of those fiscal years); 

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

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

14 funds obligated in accordance with that section were 

15 not subject to a limitation on obligations at the time 

16 at which the funds were initially made available for 

17 obligation; and 

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

19 (but, for each of fiscal years 2013 through 2022, 

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

21 (c) REDISTRIBUTION OF UNUSED OBLIGATION AU22 THORITY.—Notwithstanding subsection (a), the Secretary 

23 shall, after August 1 of such fiscal year— 

24 (1) revise a distribution of the obligation limita25 tion made available under subsection (a) if an 


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1 amount distributed cannot be obligated during that 

2 fiscal year; and 

3 (2) redistribute sufficient amounts to those 

4 States able to obligate amounts in addition to those 

5 previously distributed during that fiscal year, giving 

6 priority to those States having large unobligated bal7 ances of funds apportioned under sections 144 (as in 

8 effect on the day before the date of enactment of 

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

10 States Code. 

11 (d) APPLICABILITY OF OBLIGATION LIMITATIONS TO

12 TRANSPORTATION RESEARCH PROGRAMS.— 

13 (1) IN GENERAL.—Except as provided in para14 graph (2), the obligation limitation for Federal-aid 

15 highways shall apply to contract authority for trans16 portation research programs carried out under— 

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

18 Code; and 

19 (B) title VI of the Fixing America’s Sur20 face Transportation Act. 

21 (2) EXCEPTION.—Obligation authority made 

22 available under paragraph (1) shall— 

23 (A) remain available for a period of 4 fis24 cal years; and 


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

2 limitation imposed on obligations for Federal3 aid highway and highway safety construction 

4 programs for future fiscal years. 

5 (e) REDISTRIBUTION OF CERTAIN AUTHORIZED

6 FUNDS.— 

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

8 the date of distribution of obligation limitation 

9 under subsection (a), the Secretary shall distribute 

10 to the States any funds (excluding funds authorized 

11 for the program under section 202 of title 23, 

12 United States Code) that— 

13 (A) are authorized to be appropriated for 

14 such fiscal year for Federal-aid highway pro15 grams; and 

16 (B) the Secretary determines will not be 

17 allocated to the States (or will not be appor18 tioned to the States under section 204 of title 

19 23, United States Code), and will not be avail20 able for obligation, for such fiscal year because 

21 of the imposition of any obligation limitation for 

22 such fiscal year. 

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

24 paragraph (1) in the same proportion as the disVerDate Sep 11 2014 23:55 Oct 21, 2021 Jkt 029200 PO 00000 Frm 00057 Fmt 6652 Sfmt 6201 E:\BILLS\S3045.IS S3045

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1 tribution of obligation authority under subsection 

2 (a)(5). 

3 (3) AVAILABILITY.—Funds distributed to each 

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

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

6 United States Code. 

7 SEC. 121. Notwithstanding 31 U.S.C. 3302, funds re8 ceived by the Bureau of Transportation Statistics from the 

9 sale of data products, for necessary expenses incurred pur10 suant to chapter 63 of title 49, United States Code, may 

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

12 purpose of reimbursing the Bureau for such expenses: 

13 Provided, That such funds shall be subject to the obliga14 tion limitation for Federal-aid highway and highway safety 

15 construction programs. 

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

17 under his or her statutory authority, any Buy America re18 quirement for Federal-aid highways projects, the Sec19 retary of Transportation shall make an informal public no20 tice and comment opportunity on the intent to issue such 

21 waiver and the reasons therefor: Provided, That the Sec22 retary shall provide an annual report to the House and 

23 Senate Committees on Appropriations on any waivers 

24 granted under the Buy America requirements. 


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

2 Act may be used to make a grant for a project under sec3 tion 117 of title 23, United States Code, unless the Sec4 retary, at least 60 days before making a grant under that 

5 section, provides written notification to the House and 

6 Senate Committees on Appropriations of the proposed 

7 grant, including an evaluation and justification for the 

8 project and the amount of the proposed grant award: Pro9 vided, That the written notification required in the pre10 ceding proviso shall be made not later than 180 days after 

11 the date of enactment of this Act. 

12 SEC. 124. (a) A State or territory, as defined in sec13 tion 165 of title 23, United States Code, may use for any 

14 project eligible under section 133(b) of title 23 or section 

15 165 of title 23 and located within the boundary of the 

16 State or territory any earmarked amount, and any associ17 ated obligation limitation: Provided, That the Department 

18 of Transportation for the State or territory for which the 

19 earmarked amount was originally designated or directed 

20 notifies the Secretary of its intent to use its authority 

21 under this section and submits an annual report to the 

22 Secretary identifying the projects to which the funding 

23 would be applied. Notwithstanding the original period of 

24 availability of funds to be obligated under this section, 

25 such funds and associated obligation limitation shall reVerDate Sep 11 2014 23:55 Oct 21, 2021 Jkt 029200 PO 00000 Frm 00059 Fmt 6652 Sfmt 6201 E:\BILLS\S3045.IS S3045

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1 main available for obligation for a period of 3 fiscal years 

2 after the fiscal year in which the Secretary is notified. The 

3 Federal share of the cost of a project carried out with 

4 funds made available under this section shall be the same 

5 as associated with the earmark. 

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

7 means— 

8 (1) congressionally directed spending, as de9 fined in rule XLIV of the Standing Rules of the 

10 Senate, identified in a prior law, report, or joint ex11 planatory statement, which was authorized to be ap12 propriated or appropriated more than 10 fiscal years 

13 prior to the current fiscal year, and administered by 

14 the Federal Highway Administration; or 

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

16 XXI of the Rules of the House of Representatives, 

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

18 statement, which was authorized to be appropriated 

19 or appropriated more than 10 fiscal years prior to 

20 the current fiscal year, and administered by the Fed21 eral Highway Administration. 

22 (c) The authority under subsection (a) may be exer23 cised only for those projects or activities that have obli24 gated less than 10 percent of the amount made available 

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


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1 and shall be applied to projects within the same general 

2 geographic area within 25 miles for which the funding was 

3 designated, except that a State or territory may apply 

4 such authority to unexpended balances of funds from 

5 projects or activities the State or territory certifies have 

6 been closed and for which payments have been made under 

7 a final voucher. 

8 (d) The Secretary shall submit consolidated reports 

9 of the information provided by the States and territories 

10 annually to the House and Senate Committees on Appro11 priations. 

12 SEC. 125. Until final guidance is published, the Ad13 ministrator of the Federal Highway Administration shall 

14 adjudicate requests for Buy America waivers under the 

15 criteria that were in effect prior to April 17, 2018. 

16 SEC. 126. Section 1105(e)(5)(A) of the Intermodal 

17 Surface Transportation Efficiency Act of 1991 (Public 

18 Law 102–240; 105 Stat. 2032; 109 Stat. 597; 118 Stat. 

19 293; 133 Stat. 3018) is amended, in the first sentence, 

20 by inserting ‘‘clauses (i) and (iv) of subsection(c)(38)(A),’’ 

21 after ‘‘subsection (c)(37),’’. 


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1 FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION

2 MOTOR CARRIER SAFETY OPERATIONS AND PROGRAMS

3 (LIQUIDATION OF CONTRACT AUTHORIZATION)

4 (LIMITATION ON OBLIGATIONS)

5 (HIGHWAY TRUST FUND)

6 For payment of obligations incurred in the implemen7 tation, execution and administration of motor carrier safe8 ty operations and programs pursuant to section 31110 of 

9 title 49, United States Code, as amended by the Fixing 

10 America’s Surface Transportation Act (Public Law 114– 

11 94), $288,000,000, to be derived from the Highway Trust 

12 Fund (other than the Mass Transit Account), together 

13 with advances and reimbursements received by the Fed14 eral Motor Carrier Safety Administration, the sum of 

15 which shall remain available until expended: Provided, 

16 That funds available for implementation, execution, or ad17 ministration of motor carrier safety operations and pro18 grams authorized under title 49, United States Code, shall 

19 not exceed total obligations of $288,000,000, for ‘‘Motor 

20 Carrier Safety Operations and Programs’’ for fiscal year 

21 2022, of which $9,073,000, to remain available for obliga22 tion until September 30, 2024, is for the research and 

23 technology program, and of which not less than 

24 $35,334,000, to remain available for obligation until Sep25 tember 30, 2024, is for development, modernization, enVerDate Sep 11 2014 23:55 Oct 21, 2021 Jkt 029200 PO 00000 Frm 00062 Fmt 6652 Sfmt 6201 E:\BILLS\S3045.IS S3045

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1 hancement, continued operation, and maintenance of in2 formation technology and information management. 

3 MOTOR CARRIER SAFETY GRANTS

4 (LIQUIDATION OF CONTRACT AUTHORIZATION)

5 (LIMITATION ON OBLIGATIONS)

6 (HIGHWAY TRUST FUND)

7 For payment of obligations incurred in carrying out 

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

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

10 Surface Transportation Act (Public Law 114–94), 

11 $393,800,000, to be derived from the Highway Trust 

12 Fund (other than the Mass Transit Account) and to re13 main available until expended: Provided, That funds avail14 able for the implementation or execution of motor carrier 

15 safety programs shall not exceed total obligations of 

16 $393,800,000 in fiscal year 2022 for ‘‘Motor Carrier Safe17 ty Grants’’: Provided further, That of the sums appro18 priated under this heading: 

19 (1) $308,700,000 shall be available for the 

20 motor carrier safety assistance program; 

21 (2) $33,200,000 shall be available for the com22 mercial driver’s license program implementation pro23 gram; 

24 (3) $49,900,000 shall be available for the high 

25 priority activities program, of which $5,000,000 is to 


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1 be made available from prior year unobligated con2 tract authority provided for Motor Carrier Safety 

3 Grants in the Transportation Equity Act for the 

4 21st Century (Public Law 105–178), SAFETEA– 

5 LU (Public Law 109–59), or other appropriations or 

6 authorization Acts; and 

7 (4) $2,000,000 shall be made available for the 

8 commercial motor vehicle operators grant program, 

9 of which $1,000,000 is to be made available from 

10 prior year unobligated contract authority provided 

11 for Motor Carrier Safety Grants in the Transpor12 tation Equity Act for the 21st Century (Public Law 

13 105–178), SAFETEA–LU (Public Law 109–59), or 

14 other appropriations or authorization Acts. 

15 ADMINISTRATIVE PROVISIONS—FEDERAL MOTOR

16 CARRIER SAFETY ADMINISTRATION

17 SEC. 130. The Federal Motor Carrier Safety Admin18 istration shall update annual inspection regulations under 

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

20 Code of Federal Regulations, as recommended by GAO– 

21 19–264. 

22 SEC. 131. None of the funds appropriated or other23 wise made available to the Department of Transportation 

24 by this Act or any other Act may be obligated or expended 

25 to implement, administer, or enforce the requirements of 


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1 section 31137 of title 49, United States Code, or any regu2 lation issued by the Secretary pursuant to such section, 

3 with respect to the use of electronic logging devices by op4 erators of commercial motor vehicles, as defined in section 

5 31132(1) of such title, transporting livestock as defined 

6 in section 602 of the Emergency Livestock Feed Assist7 ance Act of 1988 (7 U.S.C. 1471) or insects. 

8 NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION

9 OPERATIONS AND RESEARCH

10 For expenses necessary to discharge the functions of 

11 the Secretary, with respect to traffic and highway safety 

12 authorized under chapter 301 and part C of subtitle VI 

13 of title 49, United States Code, $220,550,000, of which 

14 $40,000,000 shall remain available through September 

15 30, 2023. 

16 OPERATIONS AND RESEARCH

17 (LIQUIDATION OF CONTRACT AUTHORIZATION)

18 (LIMITATION ON OBLIGATIONS)

19 (HIGHWAY TRUST FUND)

20 For payment of obligations incurred in carrying out 

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

22 Code, including behavioral research on Automated Driving 

23 Systems and Advanced Driver Assistance Systems and im24 proving consumer responses to safety recalls, section 4011 

25 of the Fixing America’s Surface Transportation Act (PubVerDate Sep 11 2014 23:55 Oct 21, 2021 Jkt 029200 PO 00000 Frm 00065 Fmt 6652 Sfmt 6201 E:\BILLS\S3045.IS S3045

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1 lic Law 114–94), and chapter 303 of title 49, United 

2 States Code, $155,300,000, to be derived from the High3 way Trust Fund (other than the Mass Transit Account) 

4 and to remain available until expended: Provided, That 

5 none of the funds in this Act shall be available for the 

6 planning or execution of programs the total obligations for 

7 which, in fiscal year 2022, are in excess of $155,300,000: 

8 Provided further, That of the sums appropriated under 

9 this heading— 

10 (1) $149,800,000 shall be for programs author11 ized under section 403 of title 23, United States 

12 Code, including behavioral research on Automated 

13 Driving Systems and Advanced Driver Assistance 

14 Systems and improving consumer responses to safety 

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

16 Surface Transportation Act (Public Law 114–94); 

17 and 

18 (2) $5,500,000 shall be for the National Driver 

19 Register authorized under chapter 303 of title 49, 

20 United States Code: 

21 Provided further, That within the $155,300,000 obligation 

22 limitation for operations and research, $20,000,000 shall 

23 remain available until September 30, 2023, and shall be 

24 in addition to the amount of any limitation imposed on 

25 obligations for future years: Provided further, That 


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1 amounts for behavioral research on Automated Driving 

2 Systems and Advanced Driver Assistance Systems and im3 proving consumer responses to safety recalls are in addi4 tion to any other funds provided for those purposes for 

5 fiscal year 2022 in this Act. 

6 HIGHWAY TRAFFIC SAFETY GRANTS

7 (LIQUIDATION OF CONTRACT AUTHORIZATION)

8 (LIMITATION ON OBLIGATIONS)

9 (HIGHWAY TRUST FUND)

10 For payment of obligations incurred in carrying out 

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

12 United States Code, and grant administration expenses 

13 under chapter 4 of title 23, United States Code, to remain 

14 available until expended, $623,017,000, to be derived from 

15 the Highway Trust Fund (other than the Mass Transit 

16 Account): Provided, That none of the funds in this Act 

17 shall be available for the planning or execution of pro18 grams for which the total obligations in fiscal year 2022 

19 are in excess of $623,017,000 for programs authorized 

20 under sections 402, 404, and 405 of title 23, United 

21 States Code, and grant administration expenses under 

22 chapter 4 of title 23, United States Code: Provided further, 

23 That of the sums appropriated under this heading— 


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1 (1) $279,800,000 shall be for ‘‘Highway Safety 

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

3 States Code; 

4 (2) $285,900,000 shall be for ‘‘National Pri5 ority Safety Programs’’ under section 405 of title 

6 23, United States Code; 

7 (3) $30,500,000 shall be for the ‘‘High Visi8 bility Enforcement Program’’ under section 404 of 

9 title 23, United States Code; and 

10 (4) $26,817,000 shall be for grant administra11 tive expenses under chapter 4 of title 23, United 

12 States Code: 

13 Provided further, That none of these funds shall be used 

14 for construction, rehabilitation, or remodeling costs, or for 

15 office furnishings and fixtures for State, local or private 

16 buildings or structures: Provided further, That not to ex17 ceed $500,000 of the funds made available for ‘‘National 

18 Priority Safety Programs’’ under section 405 of title 23, 

19 United States Code, for ‘‘Impaired Driving Counter20 measures’’ (as described in subsection (d) of that section) 

21 shall be available for technical assistance to the States: 

22 Provided further, That with respect to the ‘‘Transfers’’ 

23 provision under section 405(a)(8) of title 23, United 

24 States Code, any amounts transferred to increase the 

25 amounts made available under section 402 shall include 


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1 the obligation authority for such amounts: Provided fur2 ther, That the Administrator shall notify the House and 

3 Senate Committees on Appropriations of any exercise of 

4 the authority granted under the preceding proviso or 

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

6 within 5 days. 

7 ADMINISTRATIVE PROVISIONS—NATIONAL HIGHWAY

8 TRAFFIC SAFETY ADMINISTRATION

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

10 available to the National Highway Traffic Safety Adminis11 tration, out of the amount limited for section 402 of title 

12 23, United States Code, to pay for travel and related ex13 penses for State management reviews and to pay for core 

14 competency development training and related expenses for 

15 highway safety staff. 

16 SEC. 141. The limitations on obligations for the pro17 grams of the National Highway Traffic Safety Adminis18 tration set in this Act shall not apply to obligations for 

19 which obligation authority was made available in previous 

20 public laws but only to the extent that the obligation au21 thority has not lapsed or been used. 

22 SEC. 142. None of the funds in this Act or any other 

23 Act shall be used to enforce the requirements of section 

24 405(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, $242,757,000, of 

5 which $25,000,000 shall remain available until expended: 

6 Provided, That of the amounts provided under this head7 ing, up to $2,100,000 shall be available for the alteration 

8 and repair of buildings and improvements for fire and life 

9 safety, emergency power system, waste and potable water 

10 management, and asbestos abatement projects, to carry 

11 out necessary railroad safety, training, and research ac12 tivities at the Transportation Technology Center. 

13 RAILROAD RESEARCH AND DEVELOPMENT

14 For necessary expenses for railroad research and de15 velopment, $41,000,000, to remain available until ex16 pended. 

17 FEDERAL-STATE PARTNERSHIP FOR STATE OF GOOD

18 REPAIR

19 For necessary expenses related to Federal-State 

20 Partnership for State of Good Repair Grants as author21 ized by section 24911 of title 49, United States Code, 

22 $220,000,000, to remain available until expended: Pro23 vided, That expenses incidental to the acquisition or con24 struction (including designing, engineering, location sur25 veying, mapping, environmental studies, and acquiring 


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1 rights-of-way) of a capital project as defined under section 

2 24911(a)(2) of title 49, United States Code, are eligible 

3 for funding independently or in conjunction with proposed 

4 funding for construction: Provided further, That the Sec5 retary may withhold up to 1 percent of the amount pro6 vided under this heading for the costs of award and 

7 project management oversight of grants carried out under 

8 section 24911 of title 49, United States Code. 

9 CONSOLIDATED RAIL INFRASTRUCTURE AND SAFETY

10 IMPROVEMENTS

11 (INCLUDING TRANSFER OF FUNDS)

12 For necessary expenses related to Consolidated Rail 

13 Infrastructure and Safety Improvements Grants, as au14 thorized by section 22907 of title 49, United States Code, 

15 $522,860,000, to remain available until expended: Pro16 vided, That section 22905(f) of title 49, United States 

17 Code, shall not apply to projects for the implementation 

18 or sustainment of positive train control systems otherwise 

19 eligible under section 22907(c)(1) of title 49, United 

20 States Code: Provided further, That amounts made avail21 able under this heading for projects selected for commuter 

22 rail passenger transportation may be transferred by the 

23 Secretary, after selection, to the appropriate agencies to 

24 be administered in accordance with chapter 53 of title 49, 

25 United States Code: Provided further, That the Secretary 


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1 shall not limit eligible projects from consideration for 

2 funding for planning, engineering, environmental, con3 struction, and design elements of the same project in the 

4 same application: Provided further, That for amounts 

5 available under this heading eligible recipients under sec6 tion 22907(b) of title 49, United States Code, shall in7 clude any holding company of a Class II railroad or Class 

8 III railroad (as those terms are defined in section 20102 

9 of title 49, United States Code): Provided further, That 

10 unobligated balances remaining after 6 years from the 

11 date of enactment of this Act may be used for any eligible 

12 project under section 22907(c) of title 49, United States 

13 Code: Provided further, That of the amounts made avail14 able under this heading, $120,860,000 shall be made 

15 available for the purposes, and in amounts, specified for 

16 Congressionally directed spending in the table entitled 

17 ‘‘Incorporation of Congressionally Directed Spending, for 

18 Consolidated Rail Infrastructure and Safety Improve19 ments’’ included in the explanatory statement accom20 panying this Act: Provided further, That any remaining 

21 funds available after the distribution of funds under the 

22 preceding proviso shall be available to the Secretary to dis23 tribute as discretionary grants under this heading: Pro24 vided further, That the Secretary may withhold up to 2 

25 percent of the amount provided under this heading for the 


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1 costs of award and project management oversight of 

2 grants carried out under section 22907 of title 49, United 

3 States Code. 

4 RESTORATION AND ENHANCEMENT

5 For necessary expenses related to Restoration and 

6 Enhancement Grants, as authorized by section 24408 of 

7 title 49, United States Code, $2,000,000, to remain avail8 able until expended: Provided, That the Secretary may 

9 withhold up to 2 percent of the funds provided under this 

10 heading to fund the costs of award and project manage11 ment and oversight: Provided further, That amounts made 

12 available under this heading may be provided to make pay13 ments for use of Amtrak equipment under Section 209 

14 of the Passenger Rail Investment and Improvement Act 

15 of 2008 (division B, title II of Public Law 110–432, as 

16 amended), whether characterized as a capital cost or oper17 ating cost, and notwithstanding any limitation in para18 graph (c) of that section: Provided further, That the pre19 ceding proviso shall apply to amounts made available 

20 under this heading in previous fiscal years if such funds 

21 are announced in a notice of funding opportunity that in22 cludes funds made available under this heading. 


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1 NORTHEAST CORRIDOR GRANTS TO THE NATIONAL

2 RAILROAD PASSENGER CORPORATION

3 To enable the Secretary of Transportation to make 

4 grants to the National Railroad Passenger Corporation for 

5 activities associated with the Northeast Corridor as au6 thorized by section 11101(a) of the Fixing America’s Sur7 face Transportation Act (division A of Public Law 114– 

8 94), $968,692,693, to remain available until expended: 

9 Provided, That the Secretary may retain up to one-half 

10 of 1 percent of the funds provided under both this heading 

11 and the ‘‘National Network Grants to the National Rail12 road Passenger Corporation’’ heading to fund the costs 

13 of project management and oversight of activities author14 ized by section 11101(c) of division A of Public Law 114– 

15 94: Provided further, That in addition to the project man16 agement oversight funds authorized under section 

17 11101(c) of division A of Public Law 114–94, the Sec18 retary may retain up to an additional $5,000,000 of the 

19 funds provided under this heading to fund expenses associ20 ated with the Northeast Corridor Commission established 

21 under section 24905 of title 49, United States Code: Pro22 vided further, That of the amounts made available under 

23 this heading and the ‘‘National Network Grants to the Na24 tional Railroad Passenger Corporation’’ heading, not less 

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1 trak-served facilities and stations into compliance with the 

2 Americans with Disabilities Act: Provided further, That of 

3 the amounts made available under this heading and the 

4 ‘‘National Network Grants to the National Railroad Pas5 senger Corporation’’ heading, $100,000,000 shall be made 

6 available to fund the replacement of the single-level pas7 senger cars used on the Northeast Corridor, State-sup8 ported routes, and long-distance routes, as such terms are 

9 defined in section 24102 of title 49, United States Code. 

10 NATIONAL NETWORK GRANTS TO THE NATIONAL

11 RAILROAD PASSENGER CORPORATION

12 To enable the Secretary of Transportation to make 

13 grants to the National Railroad Passenger Corporation for 

14 activities associated with the National Network as author15 ized by section 11101(b) of the Fixing America’s Surface 

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

17 $1,731,307,307, to remain available until expended: Pro18 vided, That the Secretary may retain up to an additional 

19 $2,000,000 of the funds provided under this heading to 

20 fund expenses associated with the State-Supported Route 

21 Committee established under section 24712 of title 49, 

22 United States Code: Provided further, That at least 

23 $50,000,000 of the amount provided under this heading 

24 shall be available for the development, installation and op25 eration of railroad safety improvements, including the imVerDate Sep 11 2014 23:55 Oct 21, 2021 Jkt 029200 PO 00000 Frm 00075 Fmt 6652 Sfmt 6201 E:\BILLS\S3045.IS S3045

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1 plementation of a positive train control system, on State2 supported routes as defined under section 24102(13) of 

3 title 49, United States Code, on which positive train con4 trol systems are not required by law or regulation as iden5 tified on or before the date of enactment of this Act: Pro6 vided further, That any unobligated balances from 

7 amounts provided under this heading in prior Acts for the 

8 development, installation and operation of railroad safety 

9 technology on State-supported routes on which positive 

10 train control systems are not required by law or regulation 

11 shall also be available for railroad safety improvements on 

12 State-supported routes as identified on or before the date 

13 of enactment of this Act: Provided further, That none of 

14 the funds provided under this heading shall be used by 

15 Amtrak to give notice under subsection (a) or (b) of sec16 tion 24706 of title 49, United States Code, with respect 

17 to long-distance routes (as defined in section 24102 of title 

18 49, United States Code) on which Amtrak is the sole oper19 ator on a host railroad’s line and a positive train control 

20 system is not required by law or regulation, or, except in 

21 an emergency or during maintenance or construction out22 ages impacting such routes, to otherwise discontinue, re23 duce the frequency of, suspend, or substantially alter the 

24 route of rail service on any portion of such route operated 

25 in fiscal year 2018, including implementation of service 


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1 permitted by section 24305(a)(3)(A) of title 49, United 

2 States Code, in lieu of rail service. 

3 ADMINISTRATIVE PROVISIONS—FEDERAL RAILROAD

4 ADMINISTRATION

5 (INCLUDING RESCISSIONS)

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

7 National Railroad Passenger Corporation may be used to 

8 fund any overtime costs in excess of $35,000 for any indi9 vidual employee: Provided, That the President of Amtrak 

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

11 employees when the President of Amtrak determines such 

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

13 of the system: Provided further, That the President of Am14 trak shall report to the House and Senate Committees on 

15 Appropriations no later than 60 days after the date of en16 actment of this Act, a summary of all overtime payments 

17 incurred by Amtrak for 2021 and the 3 prior calendar 

18 years: Provided further, That such summary shall include 

19 the total number of employees that received waivers and 

20 the total overtime payments Amtrak paid to employees re21 ceiving waivers for each month for 2021 and for the 3 

22 prior calendar years. 

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

24 National Railroad Passenger Corporation under the head25 ings ‘‘Northeast Corridor Grants to the National Railroad 


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

2 the National Railroad Passenger Corporation’’ may be 

3 used to reduce the total number of Amtrak Police Depart4 ment uniformed officers patrolling on board passenger 

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

6 staffing level on May 1, 2019. 

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

8 Act may be used by the National Railroad Passenger Cor9 poration in contravention of the Worker Adjustment and 

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

11 SEC. 153. Of the unobligated balances of funds re12 maining from— 

13 (1) ‘‘Railroad Safety Grants’’ accounts totaling 

14 $1,715,414.34 appropriated by the following public 

15 laws are hereby permanently rescinded: 

16 (A) Public Law 105–277 a total of 

17 $7,052.79 under the heading ‘‘Railroad Safe18 ty’’; 

19 (B) Public Law 113–235 a total of 

20 $190,265.91 from section 153 under the head21 ing ‘‘Administrative Provisions—Federal Rail22 road Administration’’; and 

23 (C) Public Law 114–113 a total of 

24 $1,518,095.64; and 


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1 (2) ‘‘Capital Assistance for High Speed Rail 

2 Corridors and Intercity Passenger Rail Service’’ ac3 count totaling $13,327,006.39 appropriated by Pub4 lic Law 111–117 is hereby permanently rescinded. 

5 SEC. 154. It is the sense of Congress that— 

6 (1) long-distance passenger rail routes provide 

7 much-needed transportation access for 4,700,000 

8 riders in 325 communities in 40 States and are par9 ticularly important in rural areas; and 

10 (2) long-distance passenger rail routes and 

11 services should be sustained to ensure connectivity 

12 throughout the National Network (as defined in sec13 tion 24102 of title 49, United States Code). 

14 FEDERAL TRANSIT ADMINISTRATION

15 ADMINISTRATIVE EXPENSES

16 For necessary administrative expenses of the Federal 

17 Transit Administration’s programs authorized by chapter 

18 53 of title 49, United States Code, $131,500,000 which 

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

20 That upon submission to the Congress of the fiscal year 

21 2023 President’s budget, the Secretary of Transportation 

22 shall transmit to Congress the annual report on Capital 

23 Investment Grants, including proposed allocations for fis24 cal year 2023. 


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1 TRANSIT FORMULA GRANTS

2 (LIQUIDATION OF CONTRACT AUTHORIZATION)

3 (LIMITATION ON OBLIGATIONS)

4 (HIGHWAY TRUST FUND)

5 For payment of obligations incurred in the Federal 

6 Public Transportation Assistance Program in this ac7 count, and for payment of obligations incurred in carrying 

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

9 5312, 5314, 5318, 5329(e)(6), 5335, 5337, 5339, and 

10 5340, as amended by the Fixing America’s Surface Trans11 portation Act, section 20005(b) of Public Law 112–141, 

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

13 Transportation Act, $10,800,000,000, to be derived from 

14 the Mass Transit Account of the Highway Trust Fund 

15 and to remain available until expended: Provided, That 

16 funds available for the implementation or execution of pro17 grams authorized under 49 U.S.C. 5305, 5307, 5310, 

18 5311, 5312, 5314, 5318, 5329(e)(6), 5335, 5337, 5339, 

19 and 5340, as amended by the Fixing America’s Surface 

20 Transportation Act, section 20005(b) of Public Law 112– 

21 141, and section 3006(b) of the Fixing America’s Surface 

22 Transportation Act, shall not exceed total obligations of 

23 $10,150,348,462 in fiscal year 2022: Provided further, 

24 That the Federal share of the cost of activities carried 

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1 cent, except that if there is substantial public interest or 

2 benefit, the Secretary may approve a greater Federal 

3 share. 

4 TRANSIT INFRASTRUCTURE GRANTS

5 For an additional amount for buses and bus facilities 

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

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

8 title, formula grants to rural areas under section 5311 of 

9 such title, high density state apportionments under section 

10 5340(d) of such title, state of good repair grants under 

11 section 5337 of such title, ferry boats grants under section 

12 5307(h) of such title, bus testing facilities under section 

13 5318 of such title, grants to areas of persistent poverty, 

14 innovative mobility solutions grants under section 5312 of 

15 such title, and accelerating innovative mobility initiative 

16 grants under section 5312 such title, $756,998,000, to re17 main available until expended: Provided, That of the sums 

18 provided under this heading— 

19 (1) $300,000,000 shall be available for the 

20 buses and bus facilities grants as authorized under 

21 section 5339 of such title, of which $200,000,000 

22 shall be available for the buses and bus facilities for23 mula grants as authorized under section 5339(a) of 

24 such title, and $100,000,000 shall be available for 


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1 buses and bus facilities competitive grants as au2 thorized under section 5339(b) of such title; 

3 (2) $132,000,000 shall be available for the low 

4 or no emission grants as authorized under section 

5 5339(c) of such title: Provided, That the minimum 

6 grant award shall be not less than $750,000; 

7 (3) $45,000,000 shall be available for formula 

8 grants for rural areas as authorized under section 

9 5311 of such title; 

10 (4) $45,000,000 shall be available for the high 

11 density state apportionments as authorized under 

12 section 5340(d) of such title; 

13 (5) $45,000,000 shall be available for state of 

14 good repair grants as authorized under section 5337 

15 of such title; 

16 (6) $13,000,000 shall be available for ferry 

17 boat grants as authorized under section 5307(h) of 

18 such title: Provided, That of the amounts provided 

19 under this subparagraph, no less than $6,000,000 

20 shall be available for low or zero-emission ferries or 

21 ferries using electric battery or fuel cell components 

22 and the infrastructure to support such ferries; 

23 (7) $2,000,000 shall be available for the oper24 ation and maintenance of the bus testing facilities 

25 selected under section 5318 of such title; 


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1 (8) $20,000,000 shall be available for competi2 tive grants to eligible entities to assist areas of per3 sistent poverty or disadvantaged communities as de4 fined in section 193 of this Act: Provided, That 

5 grants shall be for planning, engineering, or develop6 ment of technical or financing plans for projects eli7 gible under chapter 53 of title 49, United States 

8 Code: Provided further, That eligible entities are 

9 those defined as eligible recipients or subrecipients 

10 under sections 5307, 5310 or 5311 of title 49, 

11 United States Code, and are in areas of persistent 

12 poverty: Provided further, That the Federal Transit 

13 Administration should complete outreach to such 

14 counties and the departments of transportation with15 in applicable States via personal contact, webinars, 

16 web materials and other appropriate methods deter17 mined by the Administrator of the Federal Transit 

18 Administration: Provided further, That State depart19 ments of transportation may apply on behalf of eligi20 ble entities within their States: Provided further, 

21 That the Federal Transit Administration should en22 courage grantees to work with non-profits or other 

23 entities of their choosing in order to develop plan24 ning, technical, engineering, or financing plans: Pro25 vided further, That the Federal Transit AdministraVerDate Sep 11 2014 23:55 Oct 21, 2021 Jkt 029200 PO 00000 Frm 00083 Fmt 6652 Sfmt 6201 E:\BILLS\S3045.IS S3045

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1 tion shall encourage grantees to partner with non2 profits that can assist with making projects low or 

3 no emissions; 

4 (9) $1,000,000 shall be available for the dem5 onstration and deployment of innovative mobility so6 lutions as authorized under section 5312 of title 49, 

7 United States Code: Provided, That such amounts 

8 shall be available for competitive grants or coopera9 tive agreements for the development of software to 

10 facilitate the provision of demand-response public 

11 transportation service that dispatches public trans12 portation fleet vehicles through riders mobile devices 

13 or other advanced means: Provided further, That the 

14 Secretary shall evaluate the potential for software 

15 developed with grants or cooperative agreements to 

16 be shared for use by public transportation agencies; 

17 (10) $1,000,000 shall be for the accelerating in18 novative mobility initiative as authorized under sec19 tion 5312 of title 49, United States Code: Provided, 

20 That such amounts shall be available for competitive 

21 grants to improve mobility and enhance the rider ex22 perience with a focus on innovative service delivery 

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1 seminate proven innovation mobility practices 

2 throughout the public transportation industry; and 

3 (11) $152,998,000 shall be made available for 

4 the purposes, and in amounts, specified for Congres5 sionally directed spending in the table entitled ‘‘In6 corporation of Congressionally Directed Spending for 

7 Transit Infrastructure Grants’’ included in the ex8 planatory statement accompanying this Act: Pro9 vided further, That any remaining funds available 

10 after the distribution of funds under the preceding 

11 proviso shall be available to the Secretary to dis12 tribute as discretionary grants under this heading: 

13 Provided further, That projects funded under paragraph 

14 (8) of this heading shall be for not less than 90 percent 

15 of the net total project cost: Provided further, That 

16 amounts made available by this heading shall be derived 

17 from the general fund: Provided further, That the amounts 

18 made available under this heading shall not be subject to 

19 any limitation on obligations for transit programs set forth 

20 in any Act. 

21 TECHNICAL ASSISTANCE AND TRAINING

22 For necessary expenses to carry out section 5314 of 

23 title 49, United States Code, $7,500,000, to remain avail24 able until September 30, 2023, of which not less than 

25 $1,500,000 shall be for a cooperative agreement through 


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1 which the Federal Transit Administration assists small2 urban, rural and tribal public transit recipients and plan3 ning organizations with applied innovation and capacity4 building: Provided, That the assistance provided under 

5 this heading does not duplicate the activities of section 

6 5311(b) or section 5312 of title 49, United States Code. 

7 CAPITAL INVESTMENT GRANTS

8 For necessary expenses to carry out fixed guideway 

9 capital investment grants under section 5309 of title 49, 

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

11 America’s Surface Transportation Act (Public Law 114– 

12 94), $2,248,000,000, to remain available until September 

13 30, 2025: Provided, That of the amounts made available 

14 under this heading, $1,425,000,000 shall be available for 

15 projects authorized under section 5309(d) of title 49, 

16 United States Code, $450,000,000 shall be available for 

17 projects authorized under section 5309(e) of title 49, 

18 United States Code, $250,520,000 shall be available for 

19 projects authorized under section 5309(h) of title 49, 

20 United States Code, and $100,000,000 shall be available 

21 for projects authorized under section 3005(b) of the Fix22 ing America’s Surface Transportation Act: Provided fur23 ther, That the Secretary shall continue to administer the 

24 capital investment grants program in accordance with the 

25 procedural and substantive requirements of section 5309 


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1 of title 49, United States Code, and of section 3005(b) 

2 of the Fixing America’s Surface Transportation Act: Pro3 vided further, That projects that receive a grant agreement 

4 under the Expedited Project Delivery for Capital Invest5 ment Grants Pilot Program under section 3005(b) of the 

6 Fixing America’s Surface Transportation Act shall be 

7 deemed eligible for funding provided for projects under 

8 section 5309 of title 49, United States Code, without fur9 ther evaluation or rating under such section: Provided fur10 ther, That such funding shall not exceed the Federal share 

11 under section 3005(b): Provided further, That funds allo12 cated pursuant to 49 U.S.C. 5309 to any project during 

13 fiscal years 2015 or 2017 shall remain allocated to that 

14 project until December 31, 2023. 

15 GRANTS TO THE WASHINGTON METROPOLITAN AREA

16 TRANSIT AUTHORITY

17 For grants to the Washington Metropolitan Area 

18 Transit Authority as authorized under section 601 of divi19 sion B of the Passenger Rail Investment and Improvement 

20 Act of 2008 (Public Law 110–432), $150,000,000, to re21 main available until expended: Provided, That the Sec22 retary of Transportation shall approve grants for capital 

23 and preventive maintenance expenditures for the Wash24 ington Metropolitan Area Transit Authority only after re25 ceiving and reviewing a request for each specific project: 


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1 Provided further, That the Secretary shall determine that 

2 the Washington Metropolitan Area Transit Authority has 

3 placed the highest priority on those investments that will 

4 improve the safety of the system before approving such 

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

6 ensure safety throughout the rail system, may waive the 

7 requirements of section 601(e)(1) of division B of the Pas8 senger Rail Investment and Improvement Act of 2008 

9 (Public Law 110–432). 

10 TRANSIT RESEARCH

11 For necessary expenses to carry out section 5312 of 

12 title 49, United States Code, $18,000,000, to remain 

13 available until September 30, 2024. 

14 ADMINISTRATIVE PROVISIONS—FEDERAL TRANSIT

15 ADMINISTRATION

16 (INCLUDING RESCISSIONS)

17 SEC. 160. The limitations on obligations for the pro18 grams of the Federal Transit Administration shall not 

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

20 made available for obligation, or to any other authority 

21 previously made available for obligation. 

22 SEC. 161. Notwithstanding any other provision of 

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

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

25 Transit Administration for projects specified in this Act 


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1 or identified in the explanatory statement accompanying 

2 this Act not obligated by September 30, 2025, and other 

3 recoveries, shall be directed to projects eligible to use the 

4 funds for the purposes for which they were originally pro5 vided. 

6 SEC. 162. Notwithstanding any other provision of 

7 law, any funds appropriated before October 1, 2021, under 

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

9 that remain available for expenditure, may be transferred 

10 to and administered under the most recent appropriation 

11 heading for any such section. 

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

13 Act or any other Act shall be used to adjust apportion14 ments or withhold funds from apportionments pursuant 

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

16 1986 (26 U.S.C. 9503(e)(4)). 

17 SEC. 164. An eligible recipient of a grant under sec18 tion 5339(c) may submit an application in partnership 

19 with other entities, including a transit vehicle manufac20 turer, that intend to participate in the implementation of 

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

22 Code, and a project awarded with such partnership shall 

23 be treated as satisfying the requirement for a competitive 

24 procurement under section 5325(a) of title 49, United 

25 States Code, for the named entity. 


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1 SEC. 165. None of the funds made available by this 

2 Act or any other Act shall be used to impede or hinder 

3 project advancement or approval for any project seeking 

4 a Federal contribution from the capital investment grant 

5 program of greater than 40 percent of project costs as 

6 authorized under section 5309 of title 49, United States 

7 Code. 

8 SEC. 166. None of the funds made available in this 

9 Act may be used by the Department of Transportation 

10 to implement any policy that requires a capital investment 

11 grant project to receive a medium or higher project rating 

12 before taking actions to finalize an environmental impact 

13 statement. 

14 SEC. 167. Of the unobligated amounts made available 

15 for prior fiscal years to Formula Grants in Treasury Ac16 count 69–X–1129, a total of $6,734,356 are hereby per17 manently rescinded: Provided, That no amounts may be 

18 rescinded from amounts that were designated by the Con19 gress as an emergency or disaster relief requirement pur20 suant to a concurrent resolution on the budget or the Bal21 anced Budget and Emergency Deficit Control Act of 1985. 

22 SEC. 168. Any unexpended balances from amounts 

23 previously appropriated for low or no emission vehicle 

24 component assessment under 49 U.S.C. 5312(h) under the 

25 headings ‘‘Transit Formula Grants’’ and ‘‘Transit InfraVerDate Sep 11 2014 23:55 Oct 21, 2021 Jkt 029200 PO 00000 Frm 00090 Fmt 6652 Sfmt 6201 E:\BILLS\S3045.IS S3045

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1 structure Grants’’ in fiscal years 2021 through 2022 may 

2 be used by the facilities selected for such vehicle compo3 nent assessment for capital projects in order to build new 

4 infrastructure and enhance existing facilities in order to 

5 expand bus and component testing capability, in accord6 ance with the industry stakeholder testing objectives and 

7 capabilities as outlined through the work of the Federal 

8 Transit Administration Transit Vehicle Innovation and 

9 Deployment Centers program and included in the Center 

10 for Transportation and the Environment report submitted 

11 to the Federal Transit Administration for review. 

12 GREAT LAKES ST. LAWRENCE SEAWAY DEVELOPMENT

13 CORPORATION

14 The Great Lakes St. Lawrence Seaway Development 

15 Corporation is hereby authorized to make such expendi16 tures, within the limits of funds and borrowing authority 

17 available to the Corporation, and in accord with law, and 

18 to make such contracts and commitments without regard 

19 to fiscal year limitations, as provided by section 9104 of 

20 title 31, United States Code, as may be necessary in car21 rying out the programs set forth in the Corporation’s 

22 budget for the current fiscal year. 


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1 OPERATIONS AND MAINTENANCE

2 (HARBOR MAINTENANCE TRUST FUND)

3 For necessary expenses to conduct the operations, 

4 maintenance, and capital infrastructure activities on por5 tions of the Saint Lawrence Seaway owned, operated, and 

6 maintained by the Great Lakes St. Lawrence Seaway De7 velopment Corporation, $37,700,000, to be derived from 

8 the Harbor Maintenance Trust Fund, pursuant to section 

9 210 of the Water Resources Development Act of 1986 (33 

10 U.S.C. 2238): Provided, That of the amounts made avail11 able under this heading, not less than $14,500,000 shall 

12 be for the seaway infrastructure program and not more 

13 than $1,500,000 shall be for activities pursuant to section 

14 984(a)(12) of title 33, United States Code. 

15 MARITIME ADMINISTRATION

16 MARITIME SECURITY PROGRAM

17 (INCLUDING RESCISSION)

18 For necessary expenses to maintain and preserve a 

19 U.S.-flag merchant fleet as authorized under chapter 531 

20 of title 46, United States Code, to serve the national secu21 rity needs of the United States, $318,000,000, to remain 

22 available until expended: Provided, That of the unobli23 gated balances from prior year appropriations made avail24 able under this heading, $42,000,000 is hereby perma25 nently rescinded. 


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1 CABLE SECURITY FLEET

2 For the cable security fleet program, as authorized 

3 under chapter 532 of title 46, United States Code, 

4 $10,000,000, to remain available until expended. 

5 TANKER SECURITY PROGRAM

6 For the tanker security fleet program, as authorized 

7 under section 53406 of title 46, United States Code, 

8 $60,000,000, to remain available until expended. 

9 OPERATIONS AND TRAINING

10 (INCLUDING TRANSFER OF FUNDS)

11 For necessary expenses of operations and training ac12 tivities authorized by law, $172,204,000: Provided, That 

13 of the amounts made available under this heading— 

14 (1) $85,032,000, to remain available until Sep15 tember 30, 2023, shall be for the operations of the 

16 United States Merchant Marine Academy; 

17 (2) $5,500,000, to remain available until ex18 pended, shall be for facilities maintenance and re19 pair, and equipment, at the United States Merchant 

20 Marine Academy; 

21 (3) $10,000,000, to remain available until Sep22 tember 30, 2023, shall be for the Maritime Environ23 mental and Technical Assistance program authorized 

24 under section 50307 of title 46, United States Code; 

25 and 


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1 (4) $10,819,000, to remain available until ex2 pended, shall be for the America’s Marine Highways 

3 Program to make grants for the purposes authorized 

4 under paragraphs (1) and (3) of section 55601(b) of 

5 title 46, United States Code: 

6 Provided further, That the Administrator of the Maritime 

7 Administration shall transmit to the House and Senate 

8 Committees on Appropriations the annual report on sexual 

9 assault and sexual harassment at the United States Mer10 chant Marine Academy as required pursuant to section 

11 3510 of the National Defense Authorization Act for fiscal 

12 year 2017 (46 U.S.C. 51318): Provided further, That 

13 available balances under this heading for the Short Sea 

14 Transportation Program (now known as the America’s 

15 Marine Highway Program) from prior year recoveries 

16 shall be available to carry out activities authorized under 

17 paragraphs (1) and (3) of section 55601(b) of title 46, 

18 United States Code. 

19 STATE MARITIME ACADEMY OPERATIONS

20 For necessary expenses of operations, support, and 

21 training activities for State Maritime Academies, 

22 $433,300,000: Provided, That of the sums appropriated 

23 under this heading— 

24 (1) $30,500,000, to remain available until ex25 pended, shall be for maintenance, repair, life extenVerDate Sep 11 2014 23:55 Oct 21, 2021 Jkt 029200 PO 00000 Frm 00094 Fmt 6652 Sfmt 6201 E:\BILLS\S3045.IS S3045

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1 sion, insurance, and capacity improvement of Na2 tional Defense Reserve Fleet training ships, and for 

3 support of training ship operations at the State 

4 Maritime Academies, of which up to $8,500,000, to 

5 remain available until expended, shall be for ex6 penses related to training mariners; and for costs as7 sociated with training vessel sharing pursuant to 46 

8 U.S.C. 51504(g)(3) for costs associated with mobi9 lizing, operating and demobilizing the vessel, includ10 ing travel costs for students, faculty and crew, the 

11 costs of the general agent, crew costs, fuel, insur12 ance, operational fees, and vessel hire costs, as de13 termined by the Secretary; 

14 (2) $390,600,000, to remain available until ex15 pended, shall be for the National Security Multi-Mis16 sion Vessel Program, including funds for construc17 tion, planning, administration, and design of school 

18 ships; 

19 (3) $2,400,000 to remain available through 

20 September 30, 2026, shall be for the Student Incen21 tive Program; 

22 (4) $3,800,000 shall remain available until ex23 pended, shall be for training ship fuel assistance; 

24 and 


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1 (5) $6,000,000, to remain available until Sep2 tember 30, 2023, shall be for direct payments for 

3 State Maritime Academies. 

4 ASSISTANCE TO SMALL SHIPYARDS

5 To make grants to qualified shipyards as authorized 

6 under section 54101 of title 46, United States Code, 

7 $20,000,000, to remain available until expended. 

8 SHIP DISPOSAL

9 For necessary expenses related to the disposal of ob10 solete vessels in the National Defense Reserve Fleet of the 

11 Maritime Administration, $10,000,000, to remain avail12 able until expended. 

13 MARITIME GUARANTEED LOAN (TITLE XI) PROGRAM

14 ACCOUNT

15 (INCLUDING TRANSFER OF FUNDS)

16 For administrative expenses to carry out the guaran17 teed loan program, $3,000,000, which shall be transferred 

18 to and merged with the appropriations for ‘‘Maritime Ad19 ministration—Operations and Training’’. 

20 PORT INFRASTRUCTURE DEVELOPMENT PROGRAM

21 To make grants to improve port facilities as author22 ized under section 50302(c) of title 46, United States 

23 Code, $240,000,000, to remain available until expended: 

24 Provided, That projects eligible for amounts made avail25 able under this heading shall be projects for coastal seaVerDate Sep 11 2014 23:55 Oct 21, 2021 Jkt 029200 PO 00000 Frm 00096 Fmt 6652 Sfmt 6201 E:\BILLS\S3045.IS S3045

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1 ports, inland river ports, or Great Lakes ports: Provided 

2 further, That the Maritime Administration shall distribute 

3 amounts made available under this heading as discre4 tionary grants to port authorities or commissions or their 

5 subdivisions and agents under existing authority, as well 

6 as to a State or political subdivision of a State or local 

7 government, a Tribal Government, a public agency or pub8 licly chartered authority established by one or more 

9 States, a special purpose district with a transportation 

10 function, a multistate or multijurisdictional group of enti11 ties, or a lead entity described above jointly with a private 

12 entity or group of private entities: Provided further, That 

13 projects eligible for amounts made available under this 

14 heading shall be designed to improve the safety, efficiency, 

15 or reliability of the movement of goods into, out of, 

16 around, or within a port and located— 

17 (1) within the boundary of a port; or 

18 (2) outside the boundary of a port, and directly 

19 related to port operations, or to an intermodal con20 nection to a port: 

21 Provided further, That project awards eligible under this 

22 heading shall be only for— 

23 (1) port gate improvements; 

24 (2) road improvements both within and con25 necting to the port; 


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1 (3) rail improvements both within and con2 necting to the port; 

3 (4) berth improvements (including docks, 

4 wharves, piers and dredging incidental to the im5 provement project); 

6 (5) fixed landside improvements in support of 

7 cargo operations (such as silos, elevators, conveyors, 

8 container terminals, Ro/Ro structures including 

9 parking garages necessary for intermodal freight 

10 transfer, warehouses including refrigerated facilities, 

11 lay-down areas, transit sheds, and other such facili12 ties); 

13 (6) utilities necessary for safe operations (in14 cluding lighting, stormwater, and other such im15 provements that are incidental to a larger infrastruc16 ture project); 

17 (7) improvements that reduce environmental 

18 impact(s) of port operations (including resiliency im19 provements); or 

20 (8) a combination of activities described above: 

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

22 which an amount is provided under this heading shall be 

23 up to 80 percent: Provided further, That for grants award24 ed under this heading, the minimum grant size shall be 

25 $1,000,000. 


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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 PIPELINE AND HAZARDOUS MATERIALS SAFETY

17 ADMINISTRATION

18 OPERATIONAL EXPENSES

19 For necessary operational expenses of the Pipeline 

20 and Hazardous Materials Safety Administration, 

21 $29,100,000, of which $4,500,000 shall remain available 

22 until September 30, 2024. 

23 HAZARDOUS MATERIALS SAFETY

24 For expenses necessary to discharge the hazardous 

25 materials safety functions of the Pipeline and Hazardous 


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1 Materials Safety Administration, $66,829,000, of which 

2 $7,570,000 shall remain available until September 30, 

3 2024: Provided, That up to $800,000 in fees collected 

4 under section 5108(g) of title 49, United States Code, 

5 shall be deposited in the general fund of the Treasury as 

6 offsetting receipts: Provided further, That there may be 

7 credited to this appropriation, to be available until ex8 pended, funds received from States, counties, municipali9 ties, other public authorities, and private sources for ex10 penses incurred for training, for reports publication and 

11 dissemination, and for travel expenses incurred in per12 formance of hazardous materials exemptions and approv13 als functions. 

14 PIPELINE SAFETY

15 (PIPELINE SAFETY FUND)

16 (OIL SPILL LIABILITY TRUST FUND)

17 For expenses necessary to carry out a pipeline safety 

18 program, as authorized by section 60107 of title 49, 

19 United States Code, and to discharge the pipeline program 

20 responsibilities of the Oil Pollution Act of 1990, 

21 $182,650,000, to remain available until September 30, 

22 2024, of which $27,650,000 shall be derived from the Oil 

23 Spill Liability Trust Fund; of which $146,600,000 shall 

24 be derived from the Pipeline Safety Fund; of which 

25 $400,000 shall be derived from the fees collected under 


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1 section 60303 of title 49, United States Code, and depos2 ited in the Liquefied Natural Gas Siting Account for com3 pliance reviews of liquefied natural gas facilities; and of 

4 which $8,000,000 shall be derived from fees collected 

5 under section 60302 of title 49, United States Code, and 

6 deposited in the Underground Natural Gas Storage Facil7 ity Safety Account for the purpose of carrying out section 

8 60141 of title 49, United States Code: Provided, That not 

9 less than $1,058,000 of the funds provided under this 

10 heading shall be for the One-Call State grant program: 

11 Provided further, That any amounts provided under this 

12 heading in this Act or in prior Acts for research contracts, 

13 grants, cooperative agreements or research other trans14 actions agreements (‘‘OTAs’’) shall require written notifi15 cation to the House and Senate Committees on Appropria16 tions not less than 3 full business days before such re17 search contracts, grants, cooperative agreements, or re18 search OTAs are announced by the Department of Trans19 portation. 

20 EMERGENCY PREPAREDNESS GRANTS

21 (LIMITATION ON OBLIGATIONS)

22 (EMERGENCY PREPAREDNESS FUND)

23 For expenses necessary to carry out the Emergency 

24 Preparedness Grants program, not more than 

25 $28,318,000 shall remain available until September 30, 


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1 2024, from amounts made available by section 5116(h) 

2 and subsections (b) and (c) of section 5128 of title 49, 

3 United States Code: Provided, That notwithstanding sec4 tion 5116(h)(4) of title 49, United States Code, not more 

5 than 4 percent of the amounts made available from this 

6 account shall be available to pay the administrative costs 

7 of carrying out sections 5116, 5107(e), and 5108(g)(2) 

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

9 notwithstanding subsections (b) and (c) of section 5128 

10 of title 49, United States Code, and the limitation on obli11 gations provided under this heading, prior year recoveries 

12 recognized in the current year shall be available to develop 

13 and deliver hazardous materials emergency response train14 ing for emergency responders, including response activities 

15 for the transportation of crude oil, ethanol, flammable liq16 uids, and other hazardous commodities by rail, consistent 

17 with National Fire Protection Association standards, and 

18 to make such training available through an electronic for19 mat: Provided further, That the prior year recoveries made 

20 available under this heading shall also be available to carry 

21 out sections 5116(a)(1)(C), 5116(h), 5116(i), and 5107(e) 

22 of title 49, United States Code. 


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1 OFFICE OF INSPECTOR GENERAL

2 SALARIES AND EXPENSES

3 For necessary expenses of the Office of Inspector 

4 General to carry out the provisions of the Inspector Gen5 eral Act of 1978, as amended, $103,150,000: Provided, 

6 That the Inspector General shall have all necessary au7 thority, in carrying out the duties specified in the Inspec8 tor General Act, as amended (5 U.S.C. App. 3), to inves9 tigate allegations of fraud, including false statements to 

10 the government (18 U.S.C. 1001), by any person or entity 

11 that is subject to regulation by the Department of Trans12 portation. 

13 GENERAL PROVISIONS—DEPARTMENT OF

14 TRANSPORTATION

15 SEC. 180. (a) During the current fiscal year, applica16 ble appropriations to the Department of Transportation 

17 shall be available for maintenance and operation of air18 craft; hire of passenger motor vehicles and aircraft; pur19 chase of liability insurance for motor vehicles operating 

20 in foreign countries on official department business; and 

21 uniforms or allowances therefor, as authorized by sections 

22 5901 and 5902 of title 5, United States Code. 

23 (b) During the current fiscal year, applicable appro24 priations to the Department and its operating administra25 tions shall be available for the purchase, maintenance, opVerDate Sep 11 2014 23:55 Oct 21, 2021 Jkt 029200 PO 00000 Frm 00103 Fmt 6652 Sfmt 6201 E:\BILLS\S3045.IS S3045

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1 eration, and deployment of unmanned aircraft systems 

2 that advance the missions of the Department of Transpor3 tation or an operating administration of the Department 

4 of Transportation. 

5 (c) Any unmanned aircraft system purchased, pro6 cured, or contracted for by the Department prior to the 

7 date of enactment of this Act shall be deemed authorized 

8 by Congress as if this provision was in effect when the 

9 system was purchased, procured, or contracted for. 

10 SEC. 181. Appropriations contained in this Act for 

11 the Department of Transportation shall be available for 

12 services as authorized by section 3109 of title 5, United 

13 States Code, but at rates for individuals not to exceed the 

14 per diem rate equivalent to the rate for an Executive Level 

15 IV. 

16 SEC. 182. (a) No recipient of amounts made available 

17 by this Act shall disseminate personal information (as de18 fined in section 2725(3) of title 18, United States Code) 

19 obtained by a State department of motor vehicles in con20 nection with a motor vehicle record as defined in section 

21 2725(1) of title 18, United States Code, except as pro22 vided in section 2721 of title 18, United States Code, for 

23 a use permitted under section 2721 of title 18, United 

24 States Code. 


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1 (b) Notwithstanding subsection (a), the Secretary 

2 shall not withhold amounts made available by this Act for 

3 any grantee if a State is in noncompliance with this provi4 sion. 

5 SEC. 183. None of the funds made available by this 

6 Act shall be available for salaries and expenses of more 

7 than 125 political and Presidential appointees in the De8 partment of Transportation: Provided, That none of the 

9 personnel covered by this provision may be assigned on 

10 temporary detail outside the Department of Transpor11 tation. 

12 SEC. 184. Funds received by the Federal Highway 

13 Administration and Federal Railroad Administration from 

14 States, counties, municipalities, other public authorities, 

15 and private sources for expenses incurred for training may 

16 be credited respectively to the Federal Highway Adminis17 tration’s ‘‘Federal-Aid Highways’’ account and to the Fed18 eral Railroad Administration’s ‘‘Safety and Operations’’ 

19 account, except for State rail safety inspectors partici20 pating in training pursuant to section 20105 of title 49, 

21 United States Code. 

22 SEC. 185. None of the funds made available by this 

23 Act to the Department of Transportation may be used to 

24 make a loan, loan guarantee, line of credit, letter of intent, 

25 federally funded cooperative agreement, full funding grant 


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1 agreement, or discretionary grant unless the Secretary of 

2 Transportation notifies the House and Senate Committees 

3 on Appropriations not less than 3 full business days before 

4 any project competitively selected to receive any discre5 tionary grant award, letter of intent, loan commitment, 

6 loan guarantee commitment, line of credit commitment, 

7 federally funded cooperative agreement, or full funding 

8 grant agreement is announced by the Department or its 

9 operating administrations: Provided, That the Secretary 

10 of Transportation shall provide the House and Senate 

11 Committees on Appropriations with a comprehensive list 

12 of all such loans, loan guarantees, lines of credit, letters 

13 of intent, federally funded cooperative agreements, full 

14 funding grant agreements, and discretionary grants prior 

15 to the notification required under the preceding proviso: 

16 Provided further, That the Secretary gives concurrent noti17 fication to the House and Senate Committees on Appro18 priations for any ‘‘quick release’’ of funds from the emer19 gency relief program: Provided further, That no notifica20 tion shall involve funds that are not available for obliga21 tion. 

22 SEC. 186. Rebates, refunds, incentive payments, 

23 minor fees, and other funds received by the Department 

24 of Transportation from travel management centers, 

25 charge card programs, the subleasing of building space, 


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1 and miscellaneous sources are to be credited to appropria2 tions of the Department of Transportation and allocated 

3 to elements of the Department of Transportation using 

4 fair and equitable criteria and such funds shall be avail5 able until expended. 

6 SEC. 187. Amounts made available by this Act or any 

7 prior Act that the Secretary determines represent im8 proper payments by the Department of Transportation to 

9 a third-party contractor under a financial assistance 

10 award, which are recovered pursuant to law, shall be avail11 able— 

12 (1) to reimburse the actual expenses incurred 

13 by the Department of Transportation in recovering 

14 improper payments: Provided, That amounts made 

15 available by this Act shall be available until ex16 pended; and 

17 (2) to pay contractors for services provided in 

18 recovering improper payments or contractor support 

19 in the implementation of the Payment Integrity In20 formation Act of 2019 (Public Law 116–117): Pro21 vided, That amounts in excess of that required for 

22 paragraphs (1) and (2)— 

23 (A) shall be credited to and merged with 

24 the appropriation from which the improper pay25 ments were made, and shall be available for the 


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1 purposes and period for which such appropria2 tions are available: Provided further, That 

3 where specific project or accounting information 

4 associated with the improper payment or pay5 ments is not readily available, the Secretary 

6 may credit the amounts to an appropriate ac7 count as offsetting collections and such 

8 amounts shall be available for the purposes and 

9 period associated with the account so credited: 

10 Provided further, That amounts credited to pro11 grams under this subparagraph shall not be 

12 subject to any limitation on obligations in this 

13 or any other Act; or 

14 (B) if no such appropriation remains avail15 able, shall be deposited in the Treasury as mis16 cellaneous receipts: Provided further, That prior 

17 to depositing such recovery in the Treasury, the 

18 Secretary shall notify the House and Senate 

19 Committees on Appropriations of the amount 

20 and reasons for such transfer: Provided further, 

21 That for purposes of this section, the term ‘‘im22 proper payment’’ has the same meaning as that 

23 provided in section 3351(4) of title 31, United 

24 States Code. 


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1 SEC. 188. Notwithstanding any other provision of 

2 law, if any funds provided by or limited by this Act are 

3 subject to a reprogramming action that requires notice to 

4 be provided to the House and Senate Committees on Ap5 propriations, transmission of such reprogramming notice 

6 shall be provided solely to the House and Senate Commit7 tees on Appropriations, and such reprogramming action 

8 shall be approved or denied solely by the House and Sen9 ate Committees on Appropriations: Provided, That the 

10 Secretary of Transportation may provide notice to other 

11 congressional committees of the action of the House and 

12 Senate Committees on Appropriations on such reprogram13 ming but not sooner than 30 days after the date on which 

14 the reprogramming action has been approved or denied by 

15 the House and Senate Committees on Appropriations. 

16 SEC. 189. Funds appropriated by this Act to the op17 erating administrations may be obligated for the Office of 

18 the Secretary for the costs related to assessments or reim19 bursable agreements only when such amounts are for the 

20 costs of goods and services that are purchased to provide 

21 a direct benefit to the applicable operating administration 

22 or administrations. 

23 SEC. 190. The Secretary of Transportation is author24 ized to carry out a program that establishes uniform 

25 standards for developing and supporting agency transit 


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1 pass and transit benefits authorized under section 7905 

2 of title 5, United States Code, including distribution of 

3 transit benefits by various paper and electronic media. 

4 SEC. 191. The Department of Transportation may 

5 use funds provided by this Act, or any other Act, to assist 

6 a contract under title 49 U.S.C. or title 23 U.S.C. utilizing 

7 geographic, economic, or any other hiring preference not 

8 otherwise authorized by law, or to amend a rule, regula9 tion, policy or other measure that forbids a recipient of 

10 a Federal Highway Administration or Federal Transit Ad11 ministration grant from imposing such hiring preference 

12 on a contract or construction project with which the De13 partment of Transportation is assisting, only if the grant 

14 recipient certifies the following: 

15 (1) that except with respect to apprentices or 

16 trainees, a pool of readily available but unemployed 

17 individuals possessing the knowledge, skill, and abil18 ity to perform the work that the contract requires 

19 resides in the jurisdiction; 

20 (2) that the grant recipient will include appro21 priate provisions in its bid document ensuring that 

22 the contractor does not displace any of its existing 

23 employees in order to satisfy such hiring preference; 

24 and 


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1 (3) that any increase in the cost of labor, train2 ing, or delays resulting from the use of such hiring 

3 preference does not delay or displace any transpor4 tation project in the applicable Statewide Transpor5 tation Improvement Program or Transportation Im6 provement Program. 

7 SEC. 192. The Secretary of Transportation shall co8 ordinate with the Secretary of Homeland Security to en9 sure that best practices for Industrial Control Systems 

10 Procurement are up-to-date and shall ensure that systems 

11 procured with funds provided under this title were pro12 cured using such practices. 

13 SEC. 193. For purposes of this Act— 

14 (1) the term ‘‘areas of persistent poverty’’ 

15 means any county that has consistently had greater 

16 than or equal to 20 percent of the population living 

17 in poverty during the 30-year period preceding the 

18 date of enactment of this Act, as measured by the 

19 1990 and 2000 decennial census and the most re20 cent annual Small Area Income and Poverty Esti21 mates as estimated by the Bureau of the Census; 

22 any census tract with a poverty rate of at least 20 

23 percent as measured by the 2014–2018 5-year data 

24 series available from the American Community SurVerDate Sep 11 2014 23:55 Oct 21, 2021 Jkt 029200 PO 00000 Frm 00111 Fmt 6652 Sfmt 6201 E:\BILLS\S3045.IS S3045

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1 vey of the Bureau of the Census; or any territory or 

2 possession of the United States; and 

3 (2) the term ‘‘disadvantaged community’’ 

4 means a geographic area (or areas) including an In5 dian reservation that meet objective criteria of eco6 nomic distress developed by the Infrastructure Fi7 nance Authority in consultation with the Secretary 

8 of the Treasury and the Secretary of the Depart9 ment of Housing and Urban Development, which 

10 may include— 

11 (A) the percentage of low-income families 

12 or the extent of poverty, including census tracts 

13 with persistent poverty; 

14 (B) the rate of unemployment or under15 employment; 

16 (C) the extent of blight and disinvestment; 

17 (D) projects that target extremely low-, 

18 very low-, and low-income families in or outside 

19 a designated economic distress area; or 

20 (E) any other criteria designated by the 

21 Infrastructure Finance Authority in consulta22 tion with such Secretaries. 

23 This title may be cited as the ‘‘Department of Trans24 portation Appropriations Act, 2022’’. 


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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 $13,000,000, to remain available until September 30, 

13 2023: Provided, That not to exceed $25,000 of the amount 

14 made available under this heading shall be available to the 

15 Secretary of Housing and Urban Development (referred 

16 to in this title as ‘‘the Secretary’’) for official reception 

17 and representation expenses as the Secretary may deter18 mine. 

19 ADMINISTRATIVE SUPPORT OFFICES

20 For necessary salaries and expenses for Administra21 tive Support Offices, $609,666,000, to remain available 

22 until September 30, 2023: Provided, That of the sums ap23 propriated under this heading— 

24 (1) $79,400,000 shall be available for the Office 

25 of the Chief Financial Officer; 


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1 (2) $115,200,000 shall be available for the Of2 fice of the General Counsel, of which not less than 

3 $19,900,000 shall be for the Departmental Enforce4 ment Center; 

5 (3) $216,400,000 shall be available for the Of6 fice of Administration; 

7 (4) $45,000,000 shall be available for the Office 

8 of the Chief Human Capital Officer; 

9 (5) $60,400,000 shall be available for the Office 

10 of Field Policy and Management; 

11 (6) $28,000,000 shall be available for the Office 

12 of the Chief Procurement Officer; 

13 (7) $4,266,000 shall be available for the Office 

14 of Departmental Equal Employment Opportunity; 

15 and 

16 (8) $61,000,000 shall be available for the Office 

17 of the Chief Information Officer: 

18 Provided further, That funds made available under this 

19 heading may be used for necessary administrative and 

20 non-administrative expenses of the Department, not other21 wise provided for, including purchase of uniforms, or al22 lowances therefor, as authorized by sections 5901 and 

23 5902 of title 5, United States Code; hire of passenger 

24 motor vehicles; and services as authorized by section 3109 

25 of title 5, United States Code: Provided further, That notVerDate Sep 11 2014 23:55 Oct 21, 2021 Jkt 029200 PO 00000 Frm 00114 Fmt 6652 Sfmt 6201 E:\BILLS\S3045.IS S3045

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1 withstanding any other provision of law, funds appro2 priated under this heading may be used for advertising 

3 and promotional activities that directly support program 

4 activities funded in this title: Provided further, That the 

5 Secretary shall provide the House and Senate Committees 

6 on Appropriations quarterly written notification regarding 

7 the status of pending congressional reports: Provided fur8 ther, That the Secretary shall provide in electronic form 

9 all signed reports required by Congress. 

10 PROGRAM OFFICES

11 For necessary salaries and expenses for Program Of12 fices, $972,687,000, to remain available until September 

13 30, 2023: Provided, That of the sums appropriated under 

14 this heading— 

15 (1) $260,500,000 shall be available for the Of16 fice of Public and Indian Housing; 

17 (2) $147,887,000 shall be available for the Of18 fice of Community Planning and Development; 

19 (3) $434,000,000 shall be available for the Of20 fice of Housing, of which not less than $13,300,000 

21 shall be for the Office of Recapitalization; 

22 (4) $35,500,000 shall be available for the Office 

23 of Policy Development and Research; 

24 (5) $84,100,000 shall be available for the Office 

25 of Fair Housing and Equal Opportunity; and 


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1 (6) $10,700,000 shall be available for the Office 

2 of Lead Hazard Control and Healthy Homes. 

3 WORKING CAPITAL FUND

4 (INCLUDING TRANSFER OF FUNDS)

5 For the working capital fund for the Department of 

6 Housing and Urban Development (referred to in this para7 graph as the ‘‘Fund’’), pursuant, in part, to section 7(f) 

8 of the Department of Housing and Urban Development 

9 Act (42 U.S.C. 3535(f)), amounts transferred, including 

10 reimbursements pursuant to section 7(f), to the Fund 

11 under this heading shall be available only for Federal 

12 shared services used by offices and agencies of the Depart13 ment, and for any such portion of any office or agency’s 

14 printing, records management, space renovation, fur15 niture, or supply services the Secretary has determined 

16 shall be provided through the Fund, and the operational 

17 expenses of the Fund: Provided, That amounts within the 

18 Fund shall not be available to provide services not specifi19 cally authorized under this heading: Provided further, 

20 That upon a determination by the Secretary that any 

21 other service (or portion thereof) authorized under this 

22 heading shall be provided through the Fund, amounts 

23 made available in this title for salaries and expenses under 

24 the headings ‘‘Executive Offices’’, ‘‘Administrative Sup25 port Offices’’, ‘‘Program Offices’’, and ‘‘Government NaVerDate Sep 11 2014 23:55 Oct 21, 2021 Jkt 029200 PO 00000 Frm 00116 Fmt 6652 Sfmt 6201 E:\BILLS\S3045.IS S3045

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1 tional Mortgage Association’’, for such services shall be 

2 transferred to the Fund, to remain available until ex3 pended: Provided further, That the Secretary shall notify 

4 the House and Senate Committees on Appropriations of 

5 its plans for executing such transfers at least 15 days in 

6 advance of such transfers. 

7 PUBLIC AND INDIAN HOUSING

8 TENANT-BASED RENTAL ASSISTANCE

9 For activities and assistance for the provision of ten10 ant-based rental assistance authorized under the United 

11 States Housing Act of 1937, as amended (42 U.S.C. 1437 

12 et seq.) (in this title ‘‘the Act’’), not otherwise provided 

13 for, $23,719,217,000, to remain available until expended, 

14 which shall be available on October 1, 2021 (in addition 

15 to the $4,000,000,000 previously appropriated under this 

16 heading that shall be available on October 1, 2021), and 

17 $4,000,000,000, to remain available until expended, which 

18 shall be available on October 1, 2022: Provided, That the 

19 amounts made available under this heading are provided 

20 as follows: 

21 (1) $24,526,926,000 shall be available for re22 newals of expiring section 8 tenant-based annual 

23 contributions contracts (including renewals of en24 hanced vouchers under any provision of law author25 izing such assistance under section 8(t) of the Act) 


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1 and including renewal of other special purpose incre2 mental vouchers: Provided, That notwithstanding 

3 any other provision of law, from amounts provided 

4 under this paragraph and any carryover, the Sec5 retary for the calendar year 2022 funding cycle shall 

6 provide renewal funding for each public housing 

7 agency based on validated voucher management sys8 tem (VMS) leasing and cost data for the prior cal9 endar year and by applying an inflation factor as es10 tablished by the Secretary, by notice published in 

11 the Federal Register, and by making any necessary 

12 adjustments for the costs associated with the first13 time renewal of vouchers under this paragraph in14 cluding tenant protection and Choice Neighborhoods 

15 vouchers: Provided further, That none of the funds 

16 provided under this paragraph may be used to fund 

17 a total number of unit months under lease which ex18 ceeds a public housing agency’s authorized level of 

19 units under contract, except for public housing agen20 cies participating in the Moving to Work (MTW) 

21 demonstration, which are instead governed in ac22 cordance with the requirements of the MTW dem23 onstration program or their MTW agreements, if 

24 any: Provided further, That the Secretary shall, to 

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1 ified under this paragraph (except as otherwise 

2 modified under this paragraph), prorate each public 

3 housing agency’s allocation otherwise established 

4 pursuant to this paragraph: Provided further, That 

5 except as provided in the following provisos, the en6 tire amount specified under this paragraph (except 

7 as otherwise modified under this paragraph) shall be 

8 obligated to the public housing agencies based on the 

9 allocation and pro rata method described above, and 

10 the Secretary shall notify public housing agencies of 

11 their annual budget by the latter of 60 days after 

12 enactment of this Act or March 1, 2022: Provided 

13 further, That the Secretary may extend the notifica14 tion period with the prior written approval of the 

15 House and Senate Committees on Appropriations: 

16 Provided further, That public housing agencies par17 ticipating in the MTW demonstration shall be fund18 ed in accordance with the requirements of the MTW 

19 demonstration program or their MTW agreements, 

20 if any, and shall be subject to the same pro rata ad21 justments under the preceding provisos: Provided 

22 further, That the Secretary may offset public hous23 ing agencies’ calendar year 2022 allocations based 

24 on the excess amounts of public housing agencies’ 

25 net restricted assets accounts, including HUD-held 


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1 programmatic reserves (in accordance with VMS 

2 data in calendar year 2021 that is verifiable and 

3 complete), as determined by the Secretary: Provided 

4 further, That public housing agencies participating 

5 in the MTW demonstration shall also be subject to 

6 the offset, as determined by the Secretary, excluding 

7 amounts subject to the single fund budget authority 

8 provisions of their MTW agreements, from the agen9 cies’ calendar year 2022 MTW funding allocation: 

10 Provided further, That the Secretary shall use any 

11 offset referred to in the preceding two provisos 

12 throughout the calendar year to prevent the termi13 nation of rental assistance for families as the result 

14 of insufficient funding, as determined by the Sec15 retary, and to avoid or reduce the proration of re16 newal funding allocations: Provided further, That up 

17 to $100,000,000 shall be available only: (1) for ad18 justments in the allocations for public housing agen19 cies, after application for an adjustment by a public 

20 housing agency that experienced a significant in21 crease, as determined by the Secretary, in renewal 

22 costs of vouchers resulting from unforeseen cir23 cumstances or from portability under section 8(r) of 

24 the Act; (2) for vouchers that were not in use during 

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1 able to meet a commitment pursuant to section 

2 8(o)(13) of the Act, or an adjustment for a funding 

3 obligation not yet expended in the previous calendar 

4 year for a MTW-eligible activity to develop afford5 able housing for an agency added to the MTW dem6 onstration under the expansion authority provided in 

7 section 239 of the Transportation, Housing and 

8 Urban Development, and Related Agencies Appro9 priations Act, 2016 (division L of Public Law 114– 

10 113); (3) for adjustments for costs associated with 

11 HUD–Veterans Affairs Supportive Housing (HUD– 

12 VASH) vouchers; (4) for public housing agencies 

13 that despite taking reasonable cost savings meas14 ures, as determined by the Secretary, would other15 wise be required to terminate rental assistance for 

16 families as a result of insufficient funding; (5) for 

17 adjustments in the allocations for public housing 

18 agencies that (i) are leasing a lower-than-average 

19 percentage of their authorized vouchers, (ii) have low 

20 amounts of budget authority in their net restricted 

21 assets accounts and HUD-held programmatic re22 serves, relative to other agencies, and (iii) are not 

23 participating in the Moving to Work demonstration, 

24 to enable such agencies to lease more vouchers; (6) 

25 for withheld payments in accordance with section 


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1 8(o)(8)(A)(ii) of the Act for months in the previous 

2 calendar year that were subsequently paid by the 

3 public housing agency after the agency’s actual costs 

4 were validated; and (7) for public housing agencies 

5 that have experienced increased costs or loss of units 

6 in an area for which the President declared a dis7 aster under title IV of the Robert T. Stafford Dis8 aster Relief and Emergency Assistance Act (42 

9 U.S.C. 5170 et seq.): Provided further, That the 

10 Secretary shall allocate amounts under the preceding 

11 proviso based on need, as determined by the Sec12 retary; 

13 (2) $100,000,000 shall be for section 8 rental 

14 assistance for relocation and replacement of housing 

15 units that are demolished or disposed of pursuant to 

16 section 18 of the Act, conversion of section 23 

17 projects to assistance under section 8, relocation of 

18 witnesses (including victims of violent crimes) in 

19 connection with efforts to combat crime in public 

20 and assisted housing pursuant to a request from a 

21 law enforcement or prosecution agency, enhanced 

22 vouchers under any provision of law authorizing 

23 such assistance under section 8(t) of the Act, Choice 

24 Neighborhood vouchers, mandatory and voluntary 

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1 ing replacement and relocation assistance or for 

2 project-based assistance to prevent the displacement 

3 of unassisted elderly tenants currently residing in 

4 section 202 properties financed between 1959 and 

5 1974 that are refinanced pursuant to Public Law 

6 106–569, as amended, or under the authority as 

7 provided under this Act: Provided, That when a pub8 lic housing development is submitted for demolition 

9 or disposition under section 18 of the Act, the Sec10 retary may provide section 8 rental assistance when 

11 the units pose an imminent health and safety risk to 

12 residents: Provided further, That the Secretary may 

13 provide section 8 rental assistance from amounts 

14 made available under this paragraph for units as15 sisted under a project-based subsidy contract funded 

16 under the ‘‘Project-Based Rental Assistance’’ head17 ing under this title where the owner has received a 

18 Notice of Default and the units pose an imminent 

19 health and safety risk to residents: Provided further, 

20 That of the amounts made available under this para21 graph, no less than $5,000,000 may be available to 

22 provide tenant protection assistance, not otherwise 

23 provided under this paragraph, to residents residing 

24 in low vacancy areas and who may have to pay rents 

25 greater than 30 percent of household income, as the 


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1 result of: (A) the maturity of a HUD-insured, HUD2 held or section 202 loan that requires the permission 

3 of the Secretary prior to loan prepayment; (B) the 

4 expiration of a rental assistance contract for which 

5 the tenants are not eligible for enhanced voucher or 

6 tenant protection assistance under existing law; or 

7 (C) the expiration of affordability restrictions accom8 panying a mortgage or preservation program admin9 istered by the Secretary: Provided further, That such 

10 tenant protection assistance made available under 

11 the preceding proviso may be provided under the au12 thority of section 8(t) or section 8(o)(13) of the 

13 United States Housing Act of 1937 (42 U.S.C. 

14 1437f(t)): Provided further, That any tenant protec15 tion voucher made available from amounts under 

16 this paragraph shall not be reissued by any public 

17 housing agency, except the replacement vouchers as 

18 defined by the Secretary by notice, when the initial 

19 family that received any such voucher no longer re20 ceives such voucher, and the authority for any public 

21 housing agency to issue any such voucher shall cease 

22 to exist: Provided further, That the Secretary may 

23 only provide replacement vouchers for units that 

24 were occupied within the previous 24 months that 


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1 cease to be available as assisted housing, subject 

2 only to the availability of funds; 

3 (3) $2,474,117,000 shall be for administrative 

4 and other expenses of public housing agencies in ad5 ministering the section 8 tenant-based rental assist6 ance program, of which up to $30,000,000 shall be 

7 available to the Secretary to allocate to public hous8 ing agencies that need additional funds to admin9 ister their section 8 programs, including fees associ10 ated with section 8 tenant protection rental assist11 ance, the administration of disaster related vouchers, 

12 HUD–VASH vouchers, and other special purpose in13 cremental vouchers: Provided, That no less than 

14 $2,444,117,000 of the amount provided in this para15 graph shall be allocated to public housing agencies 

16 for the calendar year 2022 funding cycle based on 

17 section 8(q) of the Act (and related Appropriation 

18 Act provisions) as in effect immediately before the 

19 enactment of the Quality Housing and Work Re20 sponsibility Act of 1998 (Public Law 105–276): Pro21 vided further, That if the amounts made available 

22 under this paragraph are insufficient to pay the 

23 amounts determined under the preceding proviso, 

24 the Secretary may decrease the amounts allocated to 

25 agencies by a uniform percentage applicable to all 


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1 agencies receiving funding under this paragraph or 

2 may, to the extent necessary to provide full payment 

3 of amounts determined under the preceding proviso, 

4 utilize unobligated balances, including recaptures 

5 and carryover, remaining from funds appropriated to 

6 the Department of Housing and Urban Development 

7 under this heading from prior fiscal years, excluding 

8 special purpose vouchers, notwithstanding the pur9 poses for which such amounts were appropriated: 

10 Provided further, That all public housing agencies 

11 participating in the MTW demonstration shall be 

12 funded in accordance with the requirements of the 

13 MTW demonstration program or their MTW agree14 ments, if any, and shall be subject to the same uni15 form percentage decrease as under the preceding 

16 proviso: Provided further, That amounts provided 

17 under this paragraph shall be only for activities re18 lated to the provision of tenant-based rental assist19 ance authorized under section 8, including related 

20 development activities; 

21 (4) $463,174,000 for the renewal of tenant22 based assistance contracts under section 811 of the 

23 Cranston-Gonzalez National Affordable Housing Act 

24 (42 U.S.C. 8013), including necessary administra25 tive expenses: Provided, That administrative and 


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1 other expenses of public housing agencies in admin2 istering the special purpose vouchers in this para3 graph shall be funded under the same terms and be 

4 subject to the same pro rata reduction as the per5 cent decrease for administrative and other expenses 

6 to public housing agencies under paragraph (3) of 

7 this heading: Provided further, That up to 

8 $10,000,000 shall be available only (1) for adjust9 ments in the allocation for public housing agencies, 

10 after applications for an adjustment by a public 

11 housing agency that experienced a significant in12 crease, as determined by the Secretary, in Main13 stream renewal costs resulting from unforeseen cir14 cumstances, and (2) for public housing agencies that 

15 despite taking reasonable cost savings measures, as 

16 determined by the Secretary, would otherwise be re17 quired to terminate the rental assistance for Main18 stream families as a result of insufficient funding: 

19 Provided further, That the Secretary shall allocate 

20 amounts under the preceding proviso based on need, 

21 as determined by the Secretary: Provided further, 

22 That upon turnover, section 811 special purpose 

23 vouchers funded under this heading in this or prior 

24 Acts, or under any other heading in prior Acts, shall 

25 be provided to non-elderly persons with disabilities; 


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1 (5) Of the amounts provided under paragraph 

2 (1) up to $5,000,000 shall be for rental assistance 

3 and associated administrative fees for Tribal HUD– 

4 VASH to serve Native American veterans that are 

5 homeless or at-risk of homelessness living on or near 

6 a reservation or other Indian areas: Provided, That 

7 such amount shall be made available for renewal 

8 grants to recipients that received assistance under 

9 prior Acts under the Tribal HUD–VASH program: 

10 Provided further, That the Secretary shall be author11 ized to specify criteria for renewal grants, including 

12 data on the utilization of assistance reported by 

13 grant recipients: Provided further, That such assist14 ance shall be administered in accordance with pro15 gram requirements under the Native American 

16 Housing Assistance and Self-Determination Act of 

17 1996 and modeled after the HUD–VASH program: 

18 Provided further, That the Secretary shall be author19 ized to waive, or specify alternative requirements for 

20 any provision of any statute or regulation that the 

21 Secretary administers in connection with the use of 

22 funds made available under this paragraph (except 

23 for requirements related to fair housing, non24 discrimination, labor standards, and the environ25 ment), upon a finding by the Secretary that any 


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1 such waivers or alternative requirements are nec2 essary for the effective delivery and administration 

3 of such assistance: Provided further, That grant re4 cipients shall report to the Secretary on utilization 

5 of such rental assistance and other program data, as 

6 prescribed by the Secretary: Provided further, That 

7 the Secretary may reallocate, as determined by the 

8 Secretary, amounts returned or recaptured from 

9 awards under the Tribal HUD–VASH program 

10 under prior Acts to existing recipients under the 

11 Tribal HUD–VASH program; 

12 (6) $50,000,000 for incremental rental voucher 

13 assistance for use through a supported housing pro14 gram administered in conjunction with the Depart15 ment of Veterans Affairs as authorized under section 

16 8(o)(19) of the United States Housing Act of 1937: 

17 Provided, That the Secretary of Housing and Urban 

18 Development shall make such funding available, not19 withstanding section 203 (competition provision) of 

20 this title, to public housing agencies that partner 

21 with eligible VA Medical Centers or other entities as 

22 designated by the Secretary of the Department of 

23 Veterans Affairs, based on geographical need for 

24 such assistance as identified by the Secretary of the 

25 Department of Veterans Affairs, public housing 


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1 agency administrative performance, and other fac2 tors as specified by the Secretary of Housing and 

3 Urban Development in consultation with the Sec4 retary of the Department of Veterans Affairs: Pro5 vided further, That the Secretary of Housing and 

6 Urban Development may waive, or specify alter7 native requirements for (in consultation with the 

8 Secretary of the Department of Veterans Affairs), 

9 any provision of any statute or regulation that the 

10 Secretary of Housing and Urban Development ad11 ministers in connection with the use of funds made 

12 available under this paragraph (except for require13 ments related to fair housing, nondiscrimination, 

14 labor standards, and the environment), upon a find15 ing by the Secretary that any such waivers or alter16 native requirements are necessary for the effective 

17 delivery and administration of such voucher assist18 ance: Provided further, That assistance made avail19 able under this paragraph shall continue to remain 

20 available for homeless veterans upon turn-over; 

21 (7) $30,000,000 shall be made available for the 

22 family unification program as authorized under sec23 tion 8(x) of the Act: Provided, That the amounts 

24 made available under this paragraph are provided as 

25 follows: 


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1 (A) $5,000,000 shall be for new incre2 mental voucher assistance: Provided, That the 

3 assistance made available under this subpara4 graph shall continue to remain available for 

5 family unification upon turnover; and 

6 (B) $25,000,000 shall be for new incre7 mental voucher assistance to assist eligible 

8 youth as defined by such section 8(x)(2)(B): 

9 Provided, That assistance made available under 

10 this subparagraph shall continue to remain 

11 available for such eligible youth upon turnover: 

12 Provided further, That of the total amount 

13 made available under this subparagraph, up to 

14 $15,000,000 shall be available on a noncompeti15 tive basis to public housing agencies that part16 ner with public child welfare agencies to iden17 tify such eligible youth, that request such as18 sistance to timely assist such eligible youth, and 

19 that meet any other criteria as specified by the 

20 Secretary: Provided further, That the Secretary 

21 shall review utilization of the assistance made 

22 available under the preceding proviso, at an in23 terval to be determined by the Secretary, and 

24 unutilized voucher assistance that is no longer 


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1 needed shall be recaptured by the Secretary and 

2 reallocated pursuant to the preceding proviso: 

3 Provided further, That for any public housing agency 

4 administering voucher assistance appropriated in a 

5 prior Act under the family unification program, or 

6 made available and competitively selected under this 

7 paragraph, that determines that it no longer has an 

8 identified need for such assistance upon turnover, 

9 such agency shall notify the Secretary, and the Sec10 retary shall recapture such assistance from the agen11 cy and reallocate it to any other public housing 

12 agency or agencies based on need for voucher assist13 ance in connection with such specified program or 

14 eligible youth, as applicable; 

15 (8) $75,000,000 shall be for incremental rental 

16 voucher assistance under section 8(o) of the United 

17 States Housing Act of 1937 for voucher families 

18 with young children and for related mobility services, 

19 of which up to $16,000,000 may be for one-time eli20 gible expenses defined by notice to facilitate the leas21 ing of such vouchers (such as security deposit assist22 ance and other costs related to the retention and 

23 support of participating owners) and for mobility re24 lated services that enable families receiving such 

25 voucher assistance to move to lower-poverty areas: 


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1 Provided, That in awarding amounts under this 

2 paragraph, the Secretary shall: (A) consider need 

3 and administrative capacity; (B) ensure geographic 

4 diversity, including with respect to rural areas; and 

5 (C) give preference to applicants that provide or will 

6 provide preference for individuals and families who 

7 are homeless, as defined in section 103(a) of the 

8 McKinney-Vento Homeless Assistance Act (42 

9 U.S.C. 11302(a)), or at risk of homelessness, as de10 fined in section 401(1) of the McKinney-Vento 

11 Homeless Assistance Act (42 U.S.C. 11360(1)), or 

12 fleeing, or attempting to flee, domestic violence, dat13 ing violence, sexual assault, or stalking; and 

14 (9) the Secretary shall separately track all spe15 cial purpose vouchers funded under this heading. 

16 HOUSING CERTIFICATE FUND

17 (INCLUDING RESCISSIONS)

18 Unobligated balances, including recaptures and car19 ryover, remaining from funds appropriated to the Depart20 ment of Housing and Urban Development under this 

21 heading, the heading ‘‘Annual Contributions for Assisted 

22 Housing’’ and the heading ‘‘Project-Based Rental Assist23 ance’’, for fiscal year 2022 and prior years may be used 

24 for renewal of or amendments to section 8 project-based 

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1 tors, notwithstanding the purposes for which such funds 

2 were appropriated: Provided, That any obligated balances 

3 of contract authority from fiscal year 1974 and prior fiscal 

4 years that have been terminated shall be rescinded: Pro5 vided further, That amounts heretofore recaptured, or re6 captured during the current fiscal year, from section 8 

7 project-based contracts from source years fiscal year 1975 

8 through fiscal year 1987 are hereby rescinded, and an 

9 amount of additional new budget authority, equivalent to 

10 the amount rescinded is hereby appropriated, to remain 

11 available until expended, for the purposes set forth under 

12 this heading, in addition to amounts otherwise available. 

13 PUBLIC HOUSING FUND

14 For 2022 payments to public housing agencies for the 

15 operation and management of public housing, as author16 ized by section 9(e) of the United States Housing Act of 

17 1937 (42 U.S.C. 1437g(e)) (the ‘‘Act’’), and to carry out 

18 capital and management activities for public housing 

19 agencies, as authorized under section 9(d) of the Act (42 

20 U.S.C. 1437g(d)), $8,837,744,000, to remain available 

21 until September 30, 2025: Provided, That the amounts 

22 made available under this heading are provided as follows: 

23 (1) $5,019,000,000 shall be available to the 

24 Secretary to allocate pursuant to the Operating 


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1 Fund formula at part 990 of title 24, Code of Fed2 eral Regulations, for 2022 payments; 

3 (2) $25,000,000 shall be available to the Sec4 retary to allocate pursuant to a need-based applica5 tion process notwithstanding section 203 of this title 

6 and not subject to such Operating Fund formula to 

7 public housing agencies that experience, or are at 

8 risk of, financial shortfalls, as determined by the 

9 Secretary: Provided, That after all such shortfall 

10 needs are met, the Secretary may distribute any re11 maining funds to all public housing agencies on a 

12 pro-rata basis pursuant to such Operating Fund for13 mula; 

14 (3) $3,615,774,000 shall be available to the 

15 Secretary to allocate pursuant to the Capital Fund 

16 formula at section 905.400 of title 24, Code of Fed17 eral Regulations: Provided, That for funds provided 

18 under this paragraph, the limitation in section 

19 9(g)(1) of the Act shall be 25 percent: Provided fur20 ther, That the Secretary may waive the limitation in 

21 the preceding proviso to allow public housing agen22 cies to fund activities authorized under section 

23 9(e)(1)(C) of the Act: Provided further, That the 

24 Secretary shall notify public housing agencies re25 questing waivers under the preceding proviso if the 


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1 request is approved or denied within 14 days of sub2 mitting the request: Provided further, That from the 

3 funds made available under this paragraph, the Sec4 retary shall provide bonus awards in fiscal year 

5 2022 to public housing agencies that are designated 

6 high performers: Provided further, That the Depart7 ment shall notify public housing agencies of their 

8 formula allocation within 60 days of enactment of 

9 this Act; 

10 (4) $75,000,000 shall be available for the Sec11 retary to make grants, notwithstanding section 203 

12 of this title, to public housing agencies for emer13 gency capital needs, including safety and security 

14 measures necessary to address crime and drug-re15 lated activity, as well as needs resulting from unfore16 seen or unpreventable emergencies and natural dis17 asters excluding Presidentially declared emergencies 

18 and natural disasters under the Robert T. Stafford 

19 Disaster Relief and Emergency Act (42 U.S.C. 5121 

20 et seq.) occurring in fiscal year 2022, of which 

21 $45,000,000 shall be available for public housing 

22 agencies under administrative and judicial receiver23 ships or under the control of a Federal monitor : 

24 Provided, That of the amount made available under 

25 this paragraph, not less than $10,000,000 shall be 


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1 for safety and security measures: Provided further, 

2 That in addition to the amount in the preceding pro3 viso for such safety and security measures, any 

4 amounts that remain available, after all applications 

5 received on or before September 30, 2023, for emer6 gency capital needs have been processed, shall be al7 located to public housing agencies for such safety 

8 and security measures; 

9 (5) $65,000,000 shall be for competitive grants 

10 to public housing agencies to evaluate and reduce 

11 residential health hazards in public housing, includ12 ing lead-based paint (by carrying out the activities 

13 of risk assessments, abatement, and interim con14 trols, as those terms are defined in section 1004 of 

15 the Residential Lead-Based Paint Hazard Reduction 

16 Act of 1992 (42 U.S.C. 4851b)), carbon monoxide, 

17 mold, radon, and fire safety: Provided, That not less 

18 than $25,000,000 of the amounts provided under 

19 this paragraph shall be awarded for evaluating and 

20 reducing lead-based paint hazards: Provided further, 

21 That for purposes of environmental review, a grant 

22 under this paragraph shall be considered funds for 

23 projects or activities under title I of the United 

24 States Housing Act of 1937 (42 U.S.C. 1437 et 

25 seq.) for purposes of section 26 of such Act (42 


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1 U.S.C. 1437x) and shall be subject to the regula2 tions implementing such section: Provided further, 

3 That amounts made available under this paragraph 

4 shall be combined with amounts made available 

5 under the sixth paragraph under this heading in the 

6 Consolidated Appropriations Act, 2021 (Public Law 

7 116–260) and shall be used in accordance with the 

8 purposes and requirements under this paragraph; 

9 (6) $15,000,000 shall be to support the costs of 

10 administrative and judicial receiverships and for 

11 competitive grants to PHAs in receivership, des12 ignated troubled or substandard, or otherwise at 

13 risk, as determined by the Secretary, for costs asso14 ciated with public housing asset improvement, in ad15 dition to other amounts for that purpose provided 

16 under any heading under this title; and 

17 (7) $23,000,000 shall be to support ongoing 

18 public housing financial and physical assessment ac19 tivities: 

20 Provided further, That notwithstanding any other provi21 sion of law or regulation, during fiscal year 2022, the Sec22 retary of Housing and Urban Development may not dele23 gate to any Department official other than the Deputy 

24 Secretary and the Assistant Secretary for Public and In25 dian Housing any authority under paragraph (2) of secVerDate Sep 11 2014 23:55 Oct 21, 2021 Jkt 029200 PO 00000 Frm 00138 Fmt 6652 Sfmt 6201 E:\BILLS\S3045.IS S3045

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1 tion 9(j) of the Act regarding the extension of the time 

2 periods under such section: Provided further, That for pur3 poses of such section 9(j), the term ‘‘obligate’’ means, with 

4 respect to amounts, that the amounts are subject to a 

5 binding agreement that will result in outlays, immediately 

6 or in the future. 

7 CHOICE NEIGHBORHOODS INITIATIVE

8 For competitive grants under the Choice Neighbor9 hoods Initiative (subject to section 24 of the United States 

10 Housing Act of 1937 (42 U.S.C. 1437v) unless otherwise 

11 specified under this heading), for transformation, rehabili12 tation, and replacement housing needs of both public and 

13 HUD-assisted housing and to transform neighborhoods of 

14 poverty into functioning, sustainable mixed income neigh15 borhoods with appropriate services, schools, public assets, 

16 transportation and access to jobs, $200,000,000, to re17 main available until September 30, 2024: Provided, That 

18 grant funds may be used for resident and community serv19 ices, community development, and affordable housing 

20 needs in the community, and for conversion of vacant or 

21 foreclosed properties to affordable housing: Provided fur22 ther, That the use of funds made available under this 

23 heading shall not be deemed to be for public housing not24 withstanding section 3(b)(1) of such Act: Provided further, 

25 That grantees shall commit to an additional period of afVerDate Sep 11 2014 23:55 Oct 21, 2021 Jkt 029200 PO 00000 Frm 00139 Fmt 6652 Sfmt 6201 E:\BILLS\S3045.IS S3045

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1 fordability determined by the Secretary of not fewer than 

2 20 years: Provided further, That grantees shall provide a 

3 match in State, local, other Federal or private funds: Pro4 vided further, That grantees may include local govern5 ments, Tribal entities, public housing agencies, and non6 profit organizations: Provided further, That for-profit de7 velopers may apply jointly with a public entity: Provided 

8 further, That for purposes of environmental review, a 

9 grantee shall be treated as a public housing agency under 

10 section 26 of the United States Housing Act of 1937 (42 

11 U.S.C. 1437x), and grants made with amounts available 

12 under this heading shall be subject to the regulations 

13 issued by the Secretary to implement such section: Pro14 vided further, That of the amount provided under this 

15 heading, not less than $100,000,000 shall be awarded to 

16 public housing agencies: Provided further, That such 

17 grantees shall create partnerships with other local organi18 zations, including assisted housing owners, service agen19 cies, and resident organizations: Provided further, That 

20 the Secretary shall consult with the Secretaries of Edu21 cation, Labor, Transportation, Health and Human Serv22 ices, Agriculture, and Commerce, the Attorney General, 

23 and the Administrator of the Environmental Protection 

24 Agency to coordinate and leverage other appropriate Fed25 eral resources: Provided further, That not more than 


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1 $5,000,000 of funds made available under this heading 

2 may be provided as grants to undertake comprehensive 

3 local planning with input from residents and the commu4 nity: Provided further, That unobligated balances, includ5 ing recaptures, remaining from funds appropriated under 

6 the heading ‘‘Revitalization of Severely Distressed Public 

7 Housing (HOPE VI)’’ in fiscal year 2011 and prior fiscal 

8 years may be used for purposes under this heading, not9 withstanding the purposes for which such amounts were 

10 appropriated: Provided further, That the Secretary shall 

11 make grant awards not later than 1 year after the date 

12 of enactment of this Act in such amounts that the Sec13 retary determines: Provided further, That notwithstanding 

14 section 24(o) of the United States Housing Act of 1937 

15 (42 U.S.C. 1437v(o)), the Secretary may, until September 

16 30, 2024, obligate any available unobligated balances 

17 made available under this heading in this or any prior Act. 

18 SELF-SUFFICIENCY PROGRAMS

19 For activities and assistance related to Self-Suffi20 ciency Programs, to remain available until September 30, 

21 2025, $170,000,000: Provided, That the amounts made 

22 available under this heading are provided as follows: 

23 (1) $120,000,000 shall be for the Family Self24 Sufficiency program to support family self-suffi25 ciency coordinators under section 23 of the United 


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1 States Housing Act of 1937 (42 U.S.C. 1437u), to 

2 promote the development of local strategies to co3 ordinate the use of assistance under sections 8 and 

4 9 of such Act with public and private resources, and 

5 enable eligible families to achieve economic inde6 pendence and self-sufficiency: Provided, That the 

7 Secretary may, by Federal Register notice, waive or 

8 specify alternative requirements under subsections 

9 (b)(3), (b)(4), (b)(5), or (c)(1) of section 23 of such 

10 Act in order to facilitate the operation of a unified 

11 self-sufficiency program for individuals receiving as12 sistance under different provisions of such Act, as 

13 determined by the Secretary: Provided further, That 

14 owners or sponsors of a multifamily property receiv15 ing project-based rental assistance under section 8 

16 of such Act may voluntarily make a Family Self-Suf17 ficiency program available to the assisted tenants of 

18 such property in accordance with procedures estab19 lished by the Secretary: Provided further, That such 

20 procedures established pursuant to the preceding 

21 proviso shall permit participating tenants to accrue 

22 escrow funds in accordance with section 23(d)(2) of 

23 such Act and shall allow owners to use funding from 

24 residual receipt accounts to hire coordinators for 

25 their own Family Self-Sufficiency program; 


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1 (2) $35,000,000 shall be for the Resident Op2 portunity and Self-Sufficiency program to provide 

3 for supportive services, service coordinators, and 

4 congregate services as authorized by section 34 of 

5 the United States Housing Act of 1937 (42 U.S.C. 

6 1437z–6) and the Native American Housing Assist7 ance and Self-Determination Act of 1996 (25 U.S.C. 

8 4101 et seq.); and 

9 (3) $15,000,000 shall be for a Jobs-Plus initia10 tive, modeled after the Jobs-Plus demonstration: 

11 Provided, That funding provided under this para12 graph shall be available for competitive grants to 

13 partnerships between public housing authorities, 

14 local workforce investment boards established under 

15 section 107 of the Workforce Innovation and Oppor16 tunity Act of 2014 (29 U.S.C. 3122), and other 

17 agencies and organizations that provide support to 

18 help public housing residents obtain employment and 

19 increase earnings: Provided further, That applicants 

20 must demonstrate the ability to provide services to 

21 residents, partner with workforce investment boards, 

22 and leverage service dollars: Provided further, That 

23 the Secretary may allow public housing agencies to 

24 request exemptions from rent and income limitation 

25 requirements under sections 3 and 6 of the United 


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1 States Housing Act of 1937 (42 U.S.C. 1437a, 

2 1437d), as necessary to implement the Jobs-Plus 

3 program, on such terms and conditions as the Sec4 retary may approve upon a finding by the Secretary 

5 that any such waivers or alternative requirements 

6 are necessary for the effective implementation of the 

7 Jobs-Plus initiative as a voluntary program for resi8 dents: Provided further, That the Secretary shall 

9 publish by notice in the Federal Register any waiv10 ers or alternative requirements pursuant to the pre11 ceding proviso no later than 10 days before the ef12 fective date of such notice. 

13 NATIVE AMERICAN PROGRAMS

14 For activities and assistance authorized under title 

15 I of the Native American Housing Assistance and Self16 Determination Act of 1996 (NAHASDA) (25 U.S.C. 4111 

17 et seq.), title I of the Housing and Community Develop18 ment Act of 1974 with respect to Indian tribes (42 U.S.C. 

19 5306(a)(1)), and related training and technical assistance, 

20 $1,000,000,000, to remain available until September 30, 

21 2026: Provided, That the amounts made available under 

22 this heading are provided as follows: 

23 (1) $772,000,000 shall be available for the Na24 tive American Housing Block Grants program, as 

25 authorized under title I of NAHASDA: Provided, 


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1 That, notwithstanding NAHASDA, to determine the 

2 amount of the allocation under title I of such Act for 

3 each Indian tribe, the Secretary shall apply the for4 mula under section 302 of NAHASDA with the need 

5 component based on single-race census data and 

6 with the need component based on multi-race census 

7 data, and the amount of the allocation for each In8 dian tribe shall be the greater of the two resulting 

9 allocation amounts: Provided further, That the Sec10 retary will notify grantees of their formula allocation 

11 within 60 days of the date of enactment of this Act; 

12 (2) $150,000,000 shall be available for competi13 tive grants under the Native American Housing 

14 Block Grants program, as authorized under title I of 

15 NAHASDA: Provided, That the Secretary shall obli16 gate this additional amount for competitive grants to 

17 eligible recipients authorized under NAHASDA that 

18 apply for funds: Provided further, That in awarding 

19 this additional amount, the Secretary shall consider 

20 need and administrative capacity, and shall give pri21 ority to projects that will spur construction and re22 habilitation of housing: Provided further, That a 

23 grant funded pursuant to this paragraph shall be in 

24 an amount not less than $500,000 and not greater 

25 than $10,000,000: Provided further, That any funds 


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1 transferred for the necessary costs of administering 

2 and overseeing the obligation and expenditure of 

3 such additional amounts in prior Acts may also be 

4 used for the necessary costs of administering and 

5 overseeing such additional amount; 

6 (3) $1,000,000 shall be available for the cost of 

7 guaranteed notes and other obligations, as author8 ized by title VI of NAHASDA: Provided, That such 

9 costs, including the costs of modifying such notes 

10 and other obligations, shall be as defined in section 

11 502 of the Congressional Budget Act of 1974, as 

12 amended: Provided further, That for fiscal year 2022 

13 funds made available in this Act for the cost of 

14 guaranteed notes and other obligations and any un15 obligated balances, including recaptures and carry16 over, remaining from amounts appropriated for this 

17 purpose under this heading or under the heading 

18 ‘‘Native American Housing Block Grants’’ in prior 

19 Acts are available to subsidize the total principal 

20 amount of any notes and other obligations, any part 

21 of which is to be guaranteed, not to exceed 

22 $50,000,000; 

23 (4) $70,000,000 shall be available for grants to 

24 Indian tribes for carrying out the Indian Community 

25 Development Block Grant program under title I of 


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1 the Housing and Community Development Act of 

2 1974, notwithstanding section 106(a)(1) of such 

3 Act, of which, notwithstanding any other provision 

4 of law (including section 203 of this Act), up to 

5 $4,000,000 may be used for emergencies that con6 stitute imminent threats to health and safety: Pro7 vided, That not to exceed 20 percent of any grant 

8 made with funds appropriated under this paragraph 

9 shall be expended for planning and management de10 velopment and administration; and 

11 (5) $7,000,000 shall be available for providing 

12 training and technical assistance to Indian tribes, 

13 Indian housing authorities, and tribally designated 

14 housing entities, to support the inspection of Indian 

15 housing units, contract expertise, and for training 

16 and technical assistance related to funding provided 

17 under this heading and other headings under this 

18 Act for the needs of Native American families and 

19 Indian country: Provided, That of the funds made 

20 available under this paragraph, not less than 

21 $2,000,000 shall be available for a national organi22 zation as authorized under section 703 of 

23 NAHASDA (25 U.S.C. 4212): Provided further, 

24 That amounts made available under this paragraph 

25 may be used, contracted, or competed as determined 


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1 by the Secretary: Provided further, That notwith2 standing the provisions of the Federal Grant and 

3 Cooperative Agreements Act of 1977 (31 U.S.C. 

4 6301–6308), the amounts made available under this 

5 paragraph may be used by the Secretary to enter 

6 into cooperative agreements with public and private 

7 organizations, agencies, institutions, and other tech8 nical assistance providers to support the administra9 tion of negotiated rulemaking under section 106 of 

10 NAHASDA (25 U.S.C. 4116), the administration of 

11 the allocation formula under section 302 of 

12 NAHASDA (25 U.S.C. 4152), and the administra13 tion of performance tracking and reporting under 

14 section 407 of NAHASDA (25 U.S.C. 4167). 

15 INDIAN HOUSING LOAN GUARANTEE FUND PROGRAM

16 ACCOUNT

17 For the cost of guaranteed loans, as authorized by 

18 section 184 of the Housing and Community Development 

19 Act of 1992 (12 U.S.C. 1715z–13a), $3,000,000, to re20 main available until expended: Provided, That such costs, 

21 including the costs of modifying such loans, shall be as 

22 defined in section 502 of the Congressional Budget Act 

23 of 1974: Provided further, That an additional $500,000, 

24 to remain available until expended, shall be available for 

25 administrative contract expenses including management 


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1 processes to carry out the loan guarantee program: Pro2 vided further, That for fiscal year 2022 funds made avail3 able in this and prior Acts for the cost of guaranteed 

4 loans, as authorized by section 184 of the Housing and 

5 Community Development Act of 1992 (12 U.S.C. 1715z– 

6 13a), that are unobligated, including recaptures and car7 ryover, are available to subsidize total loan principal, any 

8 part of which is to be guaranteed, up to $1,400,000,000, 

9 to remain available until September 30, 2023. 

10 NATIVE HAWAIIAN HOUSING BLOCK GRANT

11 For the Native Hawaiian Housing Block Grant pro12 gram, as authorized under title VIII of the Native Amer13 ican Housing Assistance and Self-Determination Act of 

14 1996 (25 U.S.C. 4221 et seq.), $15,000,000, to remain 

15 available until September 30, 2026: Provided, That not16 withstanding section 812(b) of such Act, the Department 

17 of Hawaiian Home Lands may not invest grant amounts 

18 made available under this heading in investment securities 

19 and other obligations: Provided further, That amounts 

20 made available under this heading in this and prior fiscal 

21 years may be used to provide rental assistance to eligible 

22 Native Hawaiian families both on and off the Hawaiian 

23 Home Lands, notwithstanding any other provision of law. 


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1 NATIVE HAWAIIAN HOUSING LOAN GUARANTEE FUND

2 PROGRAM ACCOUNT

3 (INCLUDING RESCISSION)

4 New commitments to guarantee loans, as authorized 

5 by section 184A of the Housing and Community Develop6 ment Act of 1992 (12 U.S.C. 1715z–13b), any part of 

7 which is to be guaranteed, shall not exceed $28,000,000 

8 in total loan principal: Provided, That the Secretary may 

9 enter into commitments to guarantee loans used for refi10 nancing: Provided further, That any unobligated balances, 

11 including recaptures and carryover, remaining from 

12 amounts made available under this heading in prior Acts 

13 and any remaining total loan principal guarantee limita14 tion associated with such amounts in such prior Acts are 

15 hereby rescinded. 

16 COMMUNITY PLANNING AND DEVELOPMENT

17 HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS

18 For carrying out the Housing Opportunities for Per19 sons with AIDS program, as authorized by the AIDS 

20 Housing Opportunity Act (42 U.S.C. 12901 et seq.), 

21 $450,000,000, to remain available until September 30, 

22 2023, except that amounts allocated pursuant to section 

23 854(c)(5) of such Act shall remain available until Sep24 tember 30, 2024: Provided, That the Secretary shall renew 

25 or replace all expiring contracts for permanent supportive 


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1 housing that initially were funded under section 854(c)(5) 

2 of such Act from funds made available under this heading 

3 in fiscal year 2010 and prior fiscal years that meet all 

4 program requirements before awarding funds for new con5 tracts under such section: Provided further, That the proc6 ess for submitting amendments and approving replace7 ment contracts shall be established by the Secretary in a 

8 notice: Provided further, That the Department shall notify 

9 grantees of their formula allocation within 60 days of en10 actment of this Act. 

11 COMMUNITY DEVELOPMENT FUND

12 For assistance to States and units of general local 

13 government, and other entities, for economic and commu14 nity development activities, and other purposes, 

15 $4,190,444,000, to remain available until September 30, 

16 2025, unless otherwise specified: Provided, That of the 

17 total amount provided under this heading, $3,550,000,000 

18 is for carrying out the community development block grant 

19 program under title I of the Housing and Community De20 velopment Act of 1974, as amended (42 U.S.C. 5301 et 

21 seq.) (in this heading ‘‘the Act’’): Provided further, That 

22 unless explicitly provided for under this heading, not to 

23 exceed 20 percent of any grant made with funds made 

24 available under this heading shall be expended for plan25 ning and management development and administration: 


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1 Provided further, That a metropolitan city, urban county, 

2 unit of general local government, or insular area that di3 rectly or indirectly receives funds under this heading may 

4 not sell, trade, or otherwise transfer all or any portion of 

5 such funds to another such entity in exchange for any 

6 other funds, credits, or non-Federal considerations, but 

7 shall use such funds for activities eligible under title I of 

8 the Act: Provided further, That notwithstanding section 

9 105(e)(1) of the Act, no funds made available under this 

10 heading may be provided to a for-profit entity for an eco11 nomic development project under section 105(a)(17) un12 less such project has been evaluated and selected in ac13 cordance with guidelines required under subsection (e)(2) 

14 of section 105: Provided further, That of the total amount 

15 provided under this heading, $25,000,000 shall be for ac16 tivities authorized under section 8071 of the SUPPORT 

17 for Patients and Communities Act (Public Law 115–271): 

18 Provided further, That the funds allocated pursuant to the 

19 preceding proviso shall not adversely affect the amount of 

20 any formula assistance received by a State under the first 

21 proviso: Provided further, That the Secretary shall allocate 

22 the funds for such activities based on the notice estab23 lishing the funding formula published in 84 FR 16027 

24 (April 17, 2019) except that the formula shall use age25 adjusted rates of drug overdose deaths for 2019 based on 


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1 data from the Centers for Disease Control and Prevention: 

2 Provided further, That of the total amount made available 

3 under this heading, $615,444,000 shall be available for 

4 grants for the Economic Development Initiative (EDI) for 

5 the purposes, and in amounts, specified for Congression6 ally directed spending in the table entitled ‘‘Incorporation 

7 of Congressionally Directed Spending for Economic Devel8 opment Initiatives’’ included in the explanatory statement 

9 accompanying this Act: Provided further, That none of the 

10 amounts made available in the preceding proviso shall be 

11 used for reimbursement of expenses incurred prior to the 

12 obligation of funds: Provided further, That the Depart13 ment of Housing and Urban Development shall notify 

14 grantees of their formula allocation within 60 days of en15 actment of this Act. 

16 COMMUNITY DEVELOPMENT LOAN GUARANTEES

17 PROGRAM ACCOUNT

18 Subject to section 502 of the Congressional Budget 

19 Act of 1974 (2 U.S.C. 661a), during fiscal year 2022, 

20 commitments to guarantee loans under section 108 of the 

21 Housing and Community Development Act of 1974 (42 

22 U.S.C. 5308), any part of which is guaranteed, shall not 

23 exceed a total principal amount of $300,000,000, notwith24 standing any aggregate limitation on outstanding obliga25 tions guaranteed in subsection (k) of such section 108: 


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1 Provided, That the Secretary shall collect fees from bor2 rowers, notwithstanding subsection (m) of such section 

3 108, to result in a credit subsidy cost of zero for guaran4 teeing such loans, and any such fees shall be collected in 

5 accordance with section 502(7) of the Congressional 

6 Budget Act of 1974: Provided further, That such commit7 ment authority funded by fees may be used to guarantee, 

8 or make commitments to guarantee, notes or other obliga9 tions issued by any State on behalf of non-entitlement 

10 communities in the State in accordance with the require11 ments of such section 108: Provided further, That any 

12 State receiving such a guarantee or commitment under the 

13 preceding proviso shall distribute all funds subject to such 

14 guarantee to the units of general local government in non15 entitlement areas that received the commitment. 

16 HOME INVESTMENT PARTNERSHIPS PROGRAM

17 For the HOME Investment Partnerships program, as 

18 authorized under title II of the Cranston-Gonzalez Na19 tional Affordable Housing Act, as amended (42 U.S.C. 

20 12721 et seq.), $1,450,000,000, to remain available until 

21 September 30, 2025: Provided, That notwithstanding sec22 tion 231(b) of such Act (42 U.S.C. 12771(b)), all unobli23 gated balances remaining from amounts recaptured pursu24 ant to such section that remain available until expended 

25 shall be combined with amounts made available under this 


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1 heading and allocated in accordance with the formula 

2 under section 217(b)(1)(A) of such Act (42 U.S.C. 

3 12747(b)(1)(A)): Provided further, That the Department 

4 shall notify grantees of their formula allocations within 60 

5 days after enactment of this Act: Provided further, That 

6 section 218(g) of such Act (42 U.S.C. 12748(g)) shall not 

7 apply with respect to the right of a jurisdiction to draw 

8 funds from its HOME Investment Trust Fund that other9 wise expired or would expire in any calendar year from 

10 2016 through 2024 under that section: Provided further, 

11 That section 231(b) of such Act (42 U.S.C. 12771(b)) 

12 shall not apply to any uninvested funds that otherwise 

13 were deducted or would be deducted from the line of credit 

14 in the participating jurisdiction’s HOME Investment 

15 Trust Fund in any calendar year from 2018 through 2024 

16 under that section. 

17 SELF-HELP AND ASSISTED HOMEOWNERSHIP

18 OPPORTUNITY PROGRAM

19 For the Self-Help and Assisted Homeownership Op20 portunity Program, as authorized under section 11 of the 

21 Housing Opportunity Program Extension Act of 1996 (42 

22 U.S.C. 12805 note), and for related activities and assist23 ance, $65,000,000, to remain available until September 

24 30, 2024: Provided, That the amounts made available 

25 under this heading— 


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1 (1) $15,000,000 shall be for the Self-Help 

2 Homeownership Opportunity Program as authorized 

3 under such section 11; 

4 (2) $41,000,000 shall be for the second, third, 

5 and fourth capacity building entities specified in sec6 tion 4(a) of the HUD Demonstration Act of 1993 

7 (42 U.S.C. 9816 note), of which not less than 

8 $5,000,000 shall be for rural capacity building ac9 tivities: Provided, That for purposes of awarding 

10 grants from amounts made available in this para11 graph, the Secretary may enter into multiyear agree12 ments, as appropriate, subject to the availability of 

13 annual appropriations; 

14 (3) $5,000,000 shall be for capacity building by 

15 national rural housing organizations having experi16 ence assessing national rural conditions and pro17 viding financing, training, technical assistance, infor18 mation, and research to local nonprofit organiza19 tions, local governments, and Indian Tribes serving 

20 high need rural communities; 

21 (4) $4,000,000, shall be for a program to reha22 bilitate and modify the homes of disabled or low-in23 come veterans, as authorized under section 1079 of 

24 the Carl Levin and Howard P. ‘‘Buck’’ McKeon Na25 tional Defense Authorization Act for Fiscal Year 


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1 2015 (38 U.S.C. 2101 note): Provided, That the 

2 issuance of a Notice of Funding Opportunity for the 

3 amounts made available in this paragraph shall be 

4 completed not later than 120 days after enactment 

5 of this Act and such amounts shall be awarded not 

6 later than 180 days after such issuance. 

7 HOMELESS ASSISTANCE GRANTS

8 For assistance under title IV of the McKinney-Vento 

9 Homeless Assistance Act (42 U.S.C. 11360 et seq.), 

10 $3,260,000,000, to remain available until September 30, 

11 2024: Provided, That of the amounts made available 

12 under this heading— 

13 (1) $290,000,000 shall be for the Emergency 

14 Solutions Grants program authorized under subtitle 

15 B of such title IV (42 U.S.C. 11371 et seq.): Pro16 vided, That the Department shall notify grantees of 

17 their formula allocation from amounts allocated 

18 (which may represent initial or final amounts allo19 cated) for the Emergency Solutions Grant program 

20 not later than 60 days after enactment of this Act; 

21 (2) $2,856,000,000 shall be for the Continuum 

22 of Care program authorized under subtitle C of such 

23 title IV (42 U.S.C. 11381 et seq.) and the Rural 

24 Housing Stability Assistance programs authorized 

25 under subtitle D of such title IV (42 U.S.C. 11408): 


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1 Provided, That the Secretary shall prioritize funding 

2 under the Continuum of Care program to contin3 uums of care that have demonstrated a capacity to 

4 reallocate funding from lower performing projects to 

5 higher performing projects: Provided further, That 

6 the Secretary shall provide incentives to create 

7 projects that coordinate with housing providers and 

8 healthcare organizations to provide permanent sup9 portive housing and rapid re-housing services: Pro10 vided further, That of the amounts made available 

11 for the Continuum of Care program under this para12 graph, not less than $52,000,000 shall be for grants 

13 for new rapid re-housing projects and supportive 

14 service projects providing coordinated entry, and for 

15 eligible activities that the Secretary determines to be 

16 critical in order to assist survivors of domestic vio17 lence, dating violence, sexual assault, or stalking: 

18 Provided further, That amounts made available for 

19 the Continuum of Care program under this heading 

20 in this Act and any remaining unobligated balances 

21 from prior Acts may be used to competitively or non22 competitively renew or replace grants for youth 

23 homeless demonstration projects under the Con24 tinuum of Care program, notwithstanding any conVerDate Sep 11 2014 23:55 Oct 21, 2021 Jkt 029200 PO 00000 Frm 00158 Fmt 6652 Sfmt 6201 E:\BILLS\S3045.IS S3045

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1 flict with the requirements of the Continuum of Care 

2 program; 

3 (3) $7,000,000 shall be for the national home4 less data analysis project: Provided, That notwith5 standing the provisions of the Federal Grant and 

6 Cooperative Agreements Act of 1977 (31 U.S.C. 

7 6301–6308), the amounts made available under this 

8 paragraph and any remaining unobligated balances 

9 under this heading for such purposes in prior Acts 

10 may be used by the Secretary to enter into coopera11 tive agreements with such entities as may be deter12 mined by the Secretary, including public and private 

13 organizations, agencies, and institutions; and 

14 (4) $107,000,000 shall be to implement 

15 projects to demonstrate how a comprehensive ap16 proach to serving homeless youth, age 24 and under, 

17 in up to 25 communities with a priority for commu18 nities with substantial rural populations in up to 

19 eight locations, can dramatically reduce youth home20 lessness: Provided, That of the amount made avail21 able under this paragraph, not less than 

22 $25,000,000 shall be for youth homelessness system 

23 improvement grants to support communities, includ24 ing but not limited to the communities assisted 

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1 lishing and implementing a response system for 

2 youth homelessness, or for improving their existing 

3 system: Provided further, That of the amount made 

4 available under this paragraph, up to $10,000,000 

5 shall be to provide technical assistance to commu6 nities, including but not limited to the communities 

7 assisted in the preceding proviso and the matter pre8 ceding such proviso, on improving system responses 

9 to youth homelessness, and collection, analysis, use, 

10 and reporting of data and performance measures 

11 under the comprehensive approaches to serve home12 less youth, in addition to and in coordination with 

13 other technical assistance funds provided under this 

14 title: Provided further, That the Secretary may use 

15 up to 10 percent of the amount made available 

16 under the preceding proviso to build the capacity of 

17 current technical assistance providers or to train 

18 new technical assistance providers with verifiable 

19 prior experience with systems and programs for 

20 youth experiencing homelessness: 

21 Provided further, That youth aged 24 and under seeking 

22 assistance under this heading shall not be required to pro23 vide third party documentation to establish their eligibility 

24 under subsection (a) or (b) of section 103 of the McKin25 ney-Vento Homeless Assistance Act (42 U.S.C. 11302) to 


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1 receive services: Provided further, That unaccompanied 

2 youth aged 24 and under or families headed by youth aged 

3 24 and under who are living in unsafe situations may be 

4 served by youth-serving providers funded under this head5 ing: Provided further, That persons eligible under section 

6 103(a)(5) of the McKinney-Vento Homeless Assistance 

7 Act may be served by any project funded under this head8 ing to provide both transitional housing and rapid re-hous9 ing: Provided further, That for all matching funds require10 ments applicable to funds made available under this head11 ing for this fiscal year and prior fiscal years, a grantee 

12 may use (or could have used) as a source of match funds 

13 other funds administered by the Secretary and other Fed14 eral agencies unless there is (or was) a specific statutory 

15 prohibition on any such use of any such funds: Provided 

16 further, That none of the funds made available under this 

17 heading shall be available to provide funding for new 

18 projects, except for projects created through reallocation, 

19 unless the Secretary determines that the continuum of 

20 care has demonstrated that projects are evaluated and 

21 ranked based on the degree to which they improve the con22 tinuum of care’s system performance: Provided further, 

23 That any unobligated amounts remaining from funds 

24 made available under this heading in fiscal year 2012 and 

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1 tation projects with 10-year grant terms may be used for 

2 purposes under this heading, notwithstanding the pur3 poses for which such funds were appropriated: Provided 

4 further, That unobligated balances, including recaptures 

5 and carryover, remaining from funds transferred to or ap6 propriated under this heading in fiscal year 2019 or prior 

7 years, except for rental assistance amounts that were re8 captured and made available until expended, shall be avail9 able for the current purposes authorized under this head10 ing in addition to the purposes for which such funds origi11 nally were appropriated. 

12 HOUSING PROGRAMS

13 PROJECT-BASED RENTAL ASSISTANCE

14 For activities and assistance for the provision of 

15 project-based subsidy contracts under the United States 

16 Housing Act of 1937 (42 U.S.C. 1437 et seq.) (‘‘the 

17 Act’’), not otherwise provided for, $13,570,000,000, to re18 main available until expended, shall be available on Octo19 ber 1, 2021 (in addition to the $400,000,000 previously 

20 appropriated under this heading that became available Oc21 tober 1, 2021), and $400,000,000, to remain available 

22 until expended, shall be available on October 1, 2022: Pro23 vided, That the amounts made available under this head24 ing shall be available for expiring or terminating section 

25 8 project-based subsidy contracts (including section 8 


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1 moderate rehabilitation contracts), for amendments to sec2 tion 8 project-based subsidy contracts (including section 

3 8 moderate rehabilitation contracts), for contracts entered 

4 into pursuant to section 441 of the McKinney-Vento 

5 Homeless Assistance Act (42 U.S.C. 11401), for renewal 

6 of section 8 contracts for units in projects that are subject 

7 to approved plans of action under the Emergency Low In8 come Housing Preservation Act of 1987 or the Low-In9 come Housing Preservation and Resident Homeownership 

10 Act of 1990, and for administrative and other expenses 

11 associated with project-based activities and assistance 

12 funded under this heading: Provided further, That of the 

13 total amounts provided under this heading, not to exceed 

14 $355,000,000 shall be available for performance-based 

15 contract administrators for section 8 project-based assist16 ance, for carrying out 42 U.S.C. 1437(f): Provided further, 

17 That the Secretary may also use such amounts in the pre18 ceding proviso for performance-based contract administra19 tors for the administration of: interest reduction payments 

20 pursuant to section 236(a) of the National Housing Act 

21 (12 U.S.C. 1715z–1(a)); rent supplement payments pur22 suant to section 101 of the Housing and Urban Develop23 ment Act of 1965 (12 U.S.C. 1701s); section 236(f)(2) 

24 rental assistance payments (12 U.S.C. 1715z–1(f)(2)); 

25 project rental assistance contracts for the elderly under 


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1 section 202(c)(2) of the Housing Act of 1959 (12 U.S.C. 

2 1701q); project rental assistance contracts for supportive 

3 housing for persons with disabilities under section 

4 811(d)(2) of the Cranston-Gonzalez National Affordable 

5 Housing Act (42 U.S.C. 8013(d)(2)); project assistance 

6 contracts pursuant to section 202(h) of the Housing Act 

7 of 1959 (Public Law 86–372; 73 Stat. 667); and loans 

8 under section 202 of the Housing Act of 1959 (Public Law 

9 86–372; 73 Stat. 667): Provided further, That amounts 

10 recaptured under this heading, the heading ‘‘Annual Con11 tributions for Assisted Housing’’, or the heading ‘‘Housing 

12 Certificate Fund’’, may be used for renewals of or amend13 ments to section 8 project-based contracts or for perform14 ance-based contract administrators, notwithstanding the 

15 purposes for which such amounts were appropriated: Pro16 vided further, That, notwithstanding any other provision 

17 of law, upon the request of the Secretary, project funds 

18 that are held in residual receipts accounts for any project 

19 subject to a section 8 project-based Housing Assistance 

20 Payments contract that authorizes the Department or a 

21 housing finance agency to require that surplus project 

22 funds be deposited in an interest-bearing residual receipts 

23 account and that are in excess of an amount to be deter24 mined by the Secretary, shall be remitted to the Depart25 ment and deposited in this account, to be available until 


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1 expended: Provided further, That amounts deposited pur2 suant to the preceding proviso shall be available in addi3 tion to the amount otherwise provided by this heading for 

4 uses authorized under this heading. 

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 5-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, $956,000,000 to remain 

18 available until September 30, 2025: Provided, That of the 

19 amount made available under this heading, up to 

20 $125,000,000 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 any funding for existing service coordinators under the 

24 preceding proviso shall be provided within 120 days of en25 actment of this Act: Provided further, That amounts made 


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1 available under this heading shall be available for Real Es2 tate Assessment Center inspections and inspection-related 

3 activities associated with section 202 projects: Provided 

4 further, That the Secretary may waive the provisions of 

5 section 202 governing the terms and conditions of project 

6 rental assistance, except that the initial contract term for 

7 such assistance shall not exceed 5 years in duration: Pro8 vided further, That upon request of the Secretary, project 

9 funds that are held in residual receipts accounts for any 

10 project subject to a section 202 project rental assistance 

11 contract, and that upon termination of such contract are 

12 in excess of an amount to be determined by the Secretary, 

13 shall be remitted to the Department and deposited in this 

14 account, to remain available until September 30, 2025: 

15 Provided further, That amounts deposited in this account 

16 pursuant to the preceding proviso shall be available, in ad17 dition to the amounts otherwise provided by this heading, 

18 for the purposes authorized under this heading: Provided 

19 further, That unobligated balances, including recaptures 

20 and carryover, remaining from funds transferred to or ap21 propriated under this heading shall be available for the 

22 current purposes authorized under this heading in addi23 tion to the purposes for which such funds originally were 

24 appropriated: Provided further, That of the total amount 

25 made available under this heading, up to $6,000,000 shall 


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1 be used by the Secretary to support preservation trans2 actions of housing for the elderly originally developed with 

3 a capital advance and assisted by a project rental assist4 ance contract under the provisions of section 202(c) of the 

5 Housing Act of 1959. 

6 HOUSING FOR PERSONS WITH DISABILITIES

7 For capital advances, including amendments to cap8 ital advance contracts, for supportive housing for persons 

9 with disabilities, as authorized by section 811 of the Cran10 ston-Gonzalez National Affordable Housing Act (42 

11 U.S.C. 8013), for project rental assistance for supportive 

12 housing for persons with disabilities under section 

13 811(d)(2) of such Act, for project assistance contracts 

14 pursuant to subsection (h) of section 202 of the Housing 

15 Act of 1959, as added by section 205(a) of the Housing 

16 and Community Development Amendments of 1978 (Pub17 lic Law 95–557: 92 Stat. 2090), including amendments 

18 to contracts for such assistance and renewal of expiring 

19 contracts for such assistance for up to a 1-year term, for 

20 project rental assistance to State housing finance agencies 

21 and other appropriate entities as authorized under section 

22 811(b)(3) of the Cranston-Gonzalez National Affordable 

23 Housing Act, and for supportive services associated with 

24 the housing for persons with disabilities as authorized by 

25 section 811(b)(1) of such Act, $227,000,000, to remain 


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1 available until September 30, 2025: Provided, That 

2 amounts made available under this heading shall be avail3 able for Real Estate Assessment Center inspections and 

4 inspection-related activities associated with section 811 

5 projects: Provided further, That, upon the request of the 

6 Secretary, project funds that are held in residual receipts 

7 accounts for any project subject to a section 811 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 remitted to the Department and 

11 deposited in this account, to remain available until Sep12 tember 30, 2025: Provided further, That amounts depos13 ited in this account pursuant to the preceding proviso shall 

14 be available in addition to the amounts otherwise provided 

15 by this heading for the purposes authorized under this 

16 heading: Provided further, That unobligated balances, in17 cluding recaptures and carryover, remaining from funds 

18 transferred to or appropriated under this heading shall be 

19 used for the current purposes authorized under this head20 ing in addition to the purposes for which such funds origi21 nally were appropriated. 

22 HOUSING COUNSELING ASSISTANCE

23 For contracts, grants, and other assistance excluding 

24 loans, as authorized under section 106 of the Housing and 

25 Urban Development Act of 1968, as amended, 


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1 $57,500,000, to remain available until September 30, 

2 2023, including up to $4,500,000 for administrative con3 tract services: Provided, That funds shall be used for pro4 viding counseling and advice to tenants and homeowners, 

5 both current and prospective, with respect to property 

6 maintenance, financial management or literacy, and such 

7 other matters as may be appropriate to assist them in im8 proving their housing conditions, meeting their financial 

9 needs, and fulfilling the responsibilities of tenancy or 

10 homeownership; for program administration; and for hous11 ing counselor training: Provided further, That for purposes 

12 of awarding grants from amounts provided under this 

13 heading, the Secretary may enter into multiyear agree14 ments, as appropriate, subject to the availability of annual 

15 appropriations. 

16 PAYMENT TO MANUFACTURED HOUSING FEES TRUST

17 FUND

18 For necessary expenses as authorized by the National 

19 Manufactured Housing Construction and Safety Stand20 ards Act of 1974 (42 U.S.C. 5401 et seq.), up to 

21 $14,000,000, to remain available until expended, of which 

22 $14,000,000 shall be derived from the Manufactured 

23 Housing Fees Trust Fund (established under section 

24 620(e) of such Act (42 U.S.C. 5419(e)): Provided, That 

25 not to exceed the total amount appropriated under this 


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1 heading shall be available from the general fund of the 

2 Treasury to the extent necessary to incur obligations and 

3 make expenditures pending the receipt of collections to the 

4 Fund pursuant to section 620 of such Act: Provided fur5 ther, That the amount made available under this heading 

6 from the general fund shall be reduced as such collections 

7 are received during fiscal year 2022 so as to result in a 

8 final fiscal year 2022 appropriation from the general fund 

9 estimated at zero, and fees pursuant to such section 620 

10 shall be modified as necessary to ensure such a final fiscal 

11 year 2022 appropriation: Provided further, That for the 

12 dispute resolution and installation programs, the Sec13 retary may assess and collect fees from any program par14 ticipant: Provided further, That such collections shall be 

15 deposited into the Trust Fund, and the Secretary, as pro16 vided herein, may use such collections, as well as fees col17 lected under section 620 of such Act, for necessary ex18 penses of such Act: Provided further, That, notwith19 standing the requirements of section 620 of such Act, the 

20 Secretary may carry out responsibilities of the Secretary 

21 under such Act through the use of approved service pro22 viders that are paid directly by the recipients of their serv23 ices. 


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1 FEDERAL HOUSING ADMINISTRATION

2 MUTUAL MORTGAGE INSURANCE PROGRAM ACCOUNT

3 New commitments to guarantee single family loans 

4 insured under the Mutual Mortgage Insurance Fund shall 

5 not exceed $400,000,000,000, to remain available until 

6 September 30, 2023: Provided, That during fiscal year 

7 2022, obligations to make direct loans to carry out the 

8 purposes of section 204(g) of the National Housing Act, 

9 as amended, shall not exceed $1,000,000: Provided fur10 ther, That the foregoing amount in the preceding proviso 

11 shall be for loans to nonprofit and governmental entities 

12 in connection with sales of single family real properties 

13 owned by the Secretary and formerly insured under the 

14 Mutual Mortgage Insurance Fund: Provided further, That 

15 for administrative contract expenses of the Federal Hous16 ing Administration, $150,000,000, to remain available 

17 until September 30, 2023: Provided further, That to the 

18 extent guaranteed loan commitments exceed 

19 $200,000,000,000 on or before April 1, 2022, an addi20 tional $1,400 for administrative contract expenses shall be 

21 available for each $1,000,000 in additional guaranteed 

22 loan commitments (including a pro rata amount for any 

23 amount below $1,000,000), but in no case shall funds 

24 made available by this proviso exceed $30,000,000: Pro25 vided further, That notwithstanding the limitation in the 


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1 first sentence of section 255(g) of the National Housing 

2 Act (12 U.S.C. 1715z–20(g)), during fiscal year 2022 the 

3 Secretary may insure and enter into new commitments to 

4 insure mortgages under section 255 of the National Hous5 ing Act only to the extent that the net credit subsidy cost 

6 for such insurance does not exceed zero. 

7 GENERAL AND SPECIAL RISK PROGRAM ACCOUNT

8 New commitments to guarantee loans insured under 

9 the General and Special Risk Insurance Funds, as author10 ized by sections 238 and 519 of the National Housing Act 

11 (12 U.S.C. 1715z–3 and 1735c), shall not exceed 

12 $30,000,000,000 in total loan principal, any part of which 

13 is to be guaranteed, to remain available until September 

14 30, 2023: Provided, That during fiscal year 2022, gross 

15 obligations for the principal amount of direct loans, as au16 thorized by sections 204(g), 207(l), 238, and 519(a) of 

17 the National Housing Act, shall not exceed $1,000,000, 

18 which shall be for loans to nonprofit and governmental en19 tities in connection with the sale of single family real prop20 erties owned by the Secretary and formerly insured under 

21 such Act. 


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1 GOVERNMENT NATIONAL MORTGAGE ASSOCIATION

2 GUARANTEES OF MORTGAGE-BACKED SECURITIES LOAN

3 GUARANTEE PROGRAM ACCOUNT

4 New commitments to issue guarantees to carry out 

5 the purposes of section 306 of the National Housing Act, 

6 as amended (12 U.S.C. 1721(g)), shall not exceed 

7 $900,000,000,000, to remain available until September 

8 30, 2023: Provided, That $36,000,000, to remain avail9 able until September 30, 2023, shall be for necessary sala10 ries and expenses of the Office of Government National 

11 Mortgage Association: Provided further, That to the extent 

12 that guaranteed loan commitments exceed 

13 $155,000,000,000 on or before April 1, 2022, an addi14 tional $100 for necessary salaries and expenses shall be 

15 available until expended for each $1,000,000 in additional 

16 guaranteed loan commitments (including a pro rata 

17 amount for any amount below $1,000,000), but in no case 

18 shall funds made available by this proviso exceed 

19 $3,000,000: Provided further, That receipts from Commit20 ment and Multiclass fees collected pursuant to title III of 

21 the National Housing Act (12 U.S.C. 1716 et seq.) shall 

22 be credited as offsetting collections to this account. 


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1 POLICY DEVELOPMENT AND RESEARCH

2 RESEARCH AND TECHNOLOGY

3 For contracts, grants, and necessary expenses of pro4 grams of research and studies relating to housing and 

5 urban problems, not otherwise provided for, as authorized 

6 by title V of the Housing and Urban Development Act 

7 of 1970 (12 U.S.C. 1701z–1 et seq.), including carrying 

8 out the functions of the Secretary of Housing and Urban 

9 Development under section 1(a)(1)(i) of Reorganization 

10 Plan No. 2 of 1968, and for technical assistance, 

11 $105,000,000, to remain available until September 30, 

12 2023: Provided, That with respect to amounts made avail13 able under this heading, notwithstanding section 203 of 

14 this title, the Secretary may enter into cooperative agree15 ments with philanthropic entities, other Federal agencies, 

16 State or local governments and their agencies, Indian 

17 Tribes, tribally designated housing entities, or colleges or 

18 universities for research projects: Provided further, That 

19 with respect to the preceding proviso, such partners to the 

20 cooperative agreements shall contribute at least a 50 per21 cent match toward the cost of the project: Provided fur22 ther, That for non-competitive agreements entered into in 

23 accordance with the preceding two provisos, the Secretary 

24 shall comply with section 2(b) of the Federal Funding Ac25 countability and Transparency Act of 2006 (Public Law 


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1 109–282, 31 U.S.C. note) in lieu of compliance with sec2 tion 102(a)(4)(C) of the Department of Housing and 

3 Urban Development Reform Act of 1989 (42 U.S.C. 

4 3545(a)(4)(C)) with respect to documentation of award 

5 decisions: Provided further, That prior to obligation of 

6 technical assistance funding, the Secretary shall submit a 

7 plan to the House and Senate Committees on Appropria8 tions on how the Secretary will allocate funding for this 

9 activity at least 30 days prior to obligation: Provided fur10 ther, That none of the funds provided under this heading 

11 may be available for the doctoral dissertation research 

12 grant program. 

13 FAIR HOUSING AND EQUAL OPPORTUNITY

14 FAIR HOUSING ACTIVITIES

15 For contracts, grants, and other assistance, not oth16 erwise provided for, as authorized by title VIII of the Civil 

17 Rights Act of 1968 (42 U.S.C. 3601 et seq.), and section 

18 561 of the Housing and Community Development Act of 

19 1987 (42 U.S.C. 3616a), $85,000,000, to remain available 

20 until September 30, 2023: Provided, That notwithstanding 

21 section 3302 of title 31, United States Code, the Secretary 

22 may assess and collect fees to cover the costs of the Fair 

23 Housing Training Academy, and may use such funds to 

24 develop on-line courses and provide such training: Pro25 vided further, That none of the funds made available under 


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1 this heading may be used to lobby the executive or legisla2 tive branches of the Federal Government in connection 

3 with a specific contract, grant, or loan: Provided further, 

4 That of the funds made available under this heading, 

5 $1,000,000 shall be available to the Secretary for the cre6 ation and promotion of translated materials and other pro7 grams that support the assistance of persons with limited 

8 English proficiency in utilizing the services provided by 

9 the Department of Housing and Urban Development. 

10 OFFICE OF LEAD HAZARD CONTROL AND HEALTHY

11 HOMES

12 LEAD HAZARD REDUCTION

13 For the Lead Hazard Reduction Program, as author14 ized by section 1011 of the Residential Lead-Based Paint 

15 Hazard Reduction Act of 1992, and for related activities 

16 and assistance, $400,000,000, to remain available until 

17 September 30, 2024: Provided, That the amounts made 

18 available under this heading are provided as follows: 

19 (1) $300,000,000 shall be for the award of 

20 grants pursuant to such section 1011, of which not 

21 less than $95,000,000 shall be provided to areas 

22 with the highest lead-based paint abatement needs; 

23 (2) $90,000,000 shall be for the Healthy 

24 Homes Initiative, pursuant to sections 501 and 502 

25 of the Housing and Urban Development Act of 


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1 1970, which shall include research, studies, testing, 

2 and demonstration efforts, including education and 

3 outreach concerning lead-based paint poisoning and 

4 other housing-related diseases and hazards, and 

5 mitigating housing-related health and safety hazards 

6 in housing of low-income families, of which— 

7 (A) $5,000,000 of such amounts shall be 

8 for the implementation of projects in up to five 

9 communities that are served by both the 

10 Healthy Homes Initiative and the Department 

11 of Energy weatherization programs to dem12 onstrate whether the coordination of Healthy 

13 Homes remediation activities with weatheriza14 tion activities achieves cost savings and better 

15 outcomes in improving the safety and quality of 

16 homes; and 

17 (B) $15,000,000 of such amounts shall be 

18 for grants to experienced non-profit organiza19 tions, States, local governments, or public hous20 ing agencies for safety and functional home 

21 modification repairs and renovations to meet 

22 the needs of low-income elderly homeowners to 

23 enable them to remain in their primary resi24 dence: Provided, That of the total amount made 

25 available under this subparagraph no less than 


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1 $5,000,000 shall be available to meet such 

2 needs in communities with substantial rural 

3 populations; 

4 (3) $5,000,000 shall be for the award of grants 

5 and contracts for research pursuant to sections 1051 

6 and 1052 of the Residential Lead-Based Paint Haz7 ard Reduction Act of 1992; and 

8 (4) $5,000,000 shall be for grants for a radon 

9 testing and mitigation safety demonstration program 

10 (the radon demonstration) in public housing: Pro11 vided, That the testing method, mitigation method, 

12 or action level used under the radon demonstration 

13 shall be as specified by applicable state or local law, 

14 if such law is more protective of human health or 

15 the environment than the method or level specified 

16 by the Secretary: 

17 Provided further, That for purposes of environmental re18 view, pursuant to the National Environmental Policy Act 

19 of 1969 (42 U.S.C. 4321 et seq.) and other provisions of 

20 law that further the purposes of such Act, a grant under 

21 the Healthy Homes Initiative, or the Lead Technical Stud22 ies program, or other demonstrations or programs under 

23 this heading or under prior appropriations Acts for such 

24 purposes under this heading, or under the heading ‘‘Hous25 ing for the Elderly’’ under prior Appropriations Acts, shall 


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1 be considered to be funds for a special project for purposes 

2 of section 305(c) of the Multifamily Housing Property 

3 Disposition Reform Act of 1994: Provided further, That 

4 each applicant for a grant or cooperative agreement under 

5 this heading shall certify adequate capacity that is accept6 able to the Secretary to carry out the proposed use of 

7 funds pursuant to a notice of funding availability: Pro8 vided further, That amounts made available under this 

9 heading, except for amounts in paragraphs (2)(B) for 

10 home modification repairs and renovations, in this or prior 

11 appropriations Acts, still remaining available, may be used 

12 for any purpose under this heading notwithstanding the 

13 purpose for which such amounts were appropriated if a 

14 program competition is undersubscribed and there are 

15 other program competitions under this heading that are 

16 oversubscribed. 

17 INFORMATION TECHNOLOGY FUND

18 For Department-wide and program-specific informa19 tion technology systems and infrastructure, $300,000,000, 

20 to remain available until September 30, 2024, of which 

21 up to $40,000,000 shall be for development, moderniza22 tion, and enhancement activities, including planning for 

23 such activities: Provided, That not more than 10 percent 

24 of the funds made available under this heading for devel25 opment, modernization, and enhancement may be obliVerDate Sep 11 2014 23:55 Oct 21, 2021 Jkt 029200 PO 00000 Frm 00179 Fmt 6652 Sfmt 6201 E:\BILLS\S3045.IS S3045

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1 gated until the Secretary submits a plan to the House and 

2 Senate Committees on Appropriations for approval that— 

3 (A) identifies for each development, modernization, and 

4 enhancement project to be funded from available balances, 

5 including carryover: (i) plain language summaries of the 

6 project scope; (ii) the estimated total project cost; and (iii) 

7 key milestones to be met; and (B) identifies for each major 

8 modernization project: (i) the functional and performance 

9 capabilities to be delivered and the mission benefits to be 

10 realized; (ii) the estimated life-cycle cost; (iii) key mile11 stones to be met through the project end date, including 

12 any identified system decommissioning; (iv) a description 

13 of the governance structure for the project and the num14 ber of HUD staff and contractors supporting the project; 

15 and (v) certification from the Chief Information Officer 

16 that each project is compliant with the Department’s en17 terprise architecture, life-cycle management and capital 

18 planning and investment control requirements: Provided 

19 further, That not later than 30 days after the end of each 

20 quarter, the Secretary shall submit an updated report to 

21 the Committees on Appropriations of the House of Rep22 resentatives and the Senate summarizing the status, cost 

23 and plan for all modernization projects; and for each 

24 major modernization project with an approved project 

25 plan, identifying: (A) results and actual expenditures of 


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1 the prior quarter; (B) any variances in cost, schedule, or 

2 functionality from the previously approved project plan, 

3 reasons for such variances and estimated impact on total 

4 life-cycle costs; and (C) risks and mitigation strategies as5 sociated with ongoing work. 

6 OFFICE OF INSPECTOR GENERAL

7 For necessary salaries and expenses of the Office of 

8 Inspector General in carrying out the Inspector General 

9 Act of 1978, as amended, $140,000,000: Provided, That 

10 the Inspector General shall have independent authority 

11 over all personnel issues within this office. 

12 GENERAL PROVISIONS—DEPARTMENT OF HOUSING AND

13 URBAN DEVELOPMENT

14 (INCLUDING TRANSFER OF FUNDS)

15 (INCLUDING RESCISSION)

16 SEC. 201. Fifty percent of the amounts of budget au17 thority, or in lieu thereof 50 percent of the cash amounts 

18 associated with such budget authority, that are recaptured 

19 from projects described in section 1012(a) of the Stewart 

20 B. McKinney Homeless Assistance Amendments Act of 

21 1988 (42 U.S.C. 1437f note) shall be rescinded or in the 

22 case of cash, shall be remitted to the Treasury, and such 

23 amounts of budget authority or cash recaptured and not 

24 rescinded or remitted to the Treasury shall be used by 

25 State housing finance agencies or local governments or 


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1 local housing agencies with projects approved by the Sec2 retary of Housing and Urban Development for which set3 tlement occurred after January 1, 1992, in accordance 

4 with such section. Notwithstanding the previous sentence, 

5 the Secretary may award up to 15 percent of the budget 

6 authority or cash recaptured and not rescinded or remitted 

7 to the Treasury to provide project owners with incentives 

8 to refinance their project at a lower interest rate. 

9 SEC. 202. None of the funds made available by this 

10 Act may be used during fiscal year 2022 to investigate 

11 or prosecute under the Fair Housing Act any otherwise 

12 lawful activity engaged in by one or more persons, includ13 ing the filing or maintaining of a nonfrivolous legal action, 

14 that is engaged in solely for the purpose of achieving or 

15 preventing action by a Government official or entity, or 

16 a court of competent jurisdiction. 

17 SEC. 203. Except as explicitly provided in law, any 

18 grant, cooperative agreement or other assistance made 

19 pursuant to title II of this Act shall be made on a competi20 tive basis and in accordance with section 102 of the De21 partment of Housing and Urban Development Reform Act 

22 of 1989 (42 U.S.C. 3545). 

23 SEC. 204. Section 7 of the Department of Housing 

24 and Urban Development Act (42 U.S.C. 3535) is amended 

25 by adding at the end the following new subsection: 


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1 ‘‘(u)(1) Funds of the Department of Housing and 

2 Urban Development subject to the Government Corpora3 tion Control Act or section 402 of the Housing Act of 

4 1950 shall be available, without regard to the limitations 

5 on administrative expenses, for legal services on a contract 

6 or fee basis, and for utilizing and making payment for 

7 services and facilities of the Federal National Mortgage 

8 Association, Government National Mortgage Association, 

9 Federal Home Loan Mortgage Corporation, Federal Fi10 nancing Bank, Federal Reserve banks or any member 

11 thereof, Federal Home Loan banks, and any insured bank 

12 within the meaning of the Federal Deposit Insurance Cor13 poration Act, as amended (12 U.S.C. 1811–1). 

14 ‘‘(2) Corporations and agencies of the Depart15 ment of Housing and Urban Development which are 

16 subject to the Government Corporation Control Act 

17 are hereby authorized to make such expenditures, 

18 within the limits of funds and borrowing authority 

19 available to each such corporation or agency and in 

20 accordance with law, and to make such contracts 

21 and commitments without regard to fiscal year limi22 tations as provided by section 104 of such Act as 

23 may be necessary in carrying out the programs set 

24 forth in the budget for such corporation or agency 

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1 tions of these corporations and agencies may be used 

2 for new loan or mortgage purchase commitments 

3 only to the extent expressly provided for in an ap4 propriations Act (unless such loans are in support of 

5 other forms of assistance provided for in appropria6 tions Acts), except that this proviso shall not apply 

7 to the mortgage insurance or guaranty operations of 

8 these corporations, or where loans or mortgage pur9 chases are necessary to protect the financial interest 

10 of the United States Government.’’. 

11 SEC. 205. Unless otherwise provided for in this Act 

12 or through a reprogramming of funds, no part of any ap13 propriation for the Department of Housing and Urban 

14 Development shall be available for any program, project 

15 or activity in excess of amounts set forth in the budget 

16 estimates submitted to Congress. 

17 SEC. 206. The Secretary shall provide quarterly re18 ports to the House and Senate Committees on Appropria19 tions regarding all uncommitted, unobligated, recaptured 

20 and excess funds in each program and activity within the 

21 jurisdiction of the Department and shall submit addi22 tional, updated budget information to these Committees 

23 upon request. 

24 SEC. 207. None of the funds made available by this 

25 title may be used for an audit of the Government National 


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1 Mortgage Association that makes applicable requirements 

2 under the Federal Credit Reform Act of 1990 (2 U.S.C. 

3 661 et seq.). 

4 SEC. 208. Section 8 of the United States Housing 

5 Act of 1937 (42 U.S.C. 1437f) is amended by adding the 

6 following new subsection: 

7 ‘‘(l) AUTHORITY TO TRANSFER PROJECT-BASED AS8 SISTANCE AND DEBT.— 

9 ‘‘(1) IN GENERAL.—Notwithstanding any other 

10 provision of law, subject to the conditions listed 

11 under this section, the Secretary may authorize the 

12 transfer of some or all project-based assistance, debt 

13 held or insured by the Secretary and statutorily re14 quired low-income and very low-income use restric15 tions if any, associated with one or more multifamily 

16 housing project or projects to another multifamily 

17 housing project or projects. 

18 ‘‘(2) PHASED TRANSFERS.—Transfers of 

19 project-based assistance under this section may be 

20 done in phases to accommodate the financing and 

21 other requirements related to rehabilitating or con22 structing the project or projects to which the assist23 ance is transferred, to ensure that such project or 

24 projects meet the standards under paragraph (3). 


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1 ‘‘(3) CONDITIONS.—The transfer authorized in 

2 paragraph (1) is subject to the following conditions: 

3 ‘‘(A) NUMBER AND BEDROOM SIZE OF

4 UNITS.— 

5 ‘‘(i) For occupied units in the trans6 ferring project: The number of low-income 

7 and very low-income units and the configu8 ration (i.e., bedroom size) provided by the 

9 transferring project shall be no less than 

10 when transferred to the receiving project 

11 or projects and the net dollar amount of 

12 Federal assistance provided to the trans13 ferring project shall remain the same in 

14 the receiving project or projects. 

15 ‘‘(ii) For unoccupied units in the 

16 transferring project: The Secretary may 

17 authorize a reduction in the number of 

18 dwelling units in the receiving project or 

19 projects to allow for a reconfiguration of 

20 bedroom sizes to meet current market de21 mands, as determined by the Secretary and 

22 provided there is no increase in the 

23 project-based assistance budget authority. 

24 ‘‘(B) The transferring project shall, as de25 termined by the Secretary, be either physically 


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1 obsolete or economically nonviable, or be rea2 sonably expected to become economically non3 viable when complying with state or Federal re4 quirements for community integration and re5 duced concentration of individuals with disabil6 ities. 

7 ‘‘(C) The receiving project or projects shall 

8 meet or exceed applicable physical standards es9 tablished by the Secretary. 

10 ‘‘(D) The owner or mortgagor of the trans11 ferring project shall notify and consult with the 

12 tenants residing in the transferring project and 

13 provide a certification of approval by all appro14 priate local governmental officials. 

15 ‘‘(E) The tenants of the transferring 

16 project who remain eligible for assistance to be 

17 provided by the receiving project or projects 

18 shall not be required to vacate their units in the 

19 transferring project or projects until new units 

20 in the receiving project are available for occu21 pancy. 

22 ‘‘(F) The Secretary determines that this 

23 transfer is in the best interest of the tenants. 

24 ‘‘(G) If either the transferring project or 

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1 dition specified in paragraph (4)(B)(i), any lien 

2 on the receiving project resulting from addi3 tional financing obtained by the owner shall be 

4 subordinate to any lien insured by the Federal 

5 Housing Administration transferred to, or 

6 placed on, such project by the Secretary, except 

7 that the Secretary may waive this requirement 

8 upon determination that such a waiver is nec9 essary to facilitate the financing of acquisition, 

10 construction, and/or rehabilitation of the receiv11 ing project or projects. 

12 ‘‘(H) If the transferring project meets the 

13 requirements of paragraph (4)(A), the owner or 

14 mortgagor of the receiving project or projects 

15 shall execute and record either a continuation 

16 of the existing use agreement or a new use 

17 agreement for the project where, in either case, 

18 any use restrictions in such agreement are of no 

19 lesser duration than the existing use restric20 tions; and 

21 ‘‘(I) The transfer does not increase the 

22 cost (as defined in section 502 of the Congres23 sional Budget Act of 1974(2 U.S.C. 661a)) of 

24 any FHA-insured mortgage, except to the ex25 tent that appropriations are provided in adVerDate Sep 11 2014 23:55 Oct 21, 2021 Jkt 029200 PO 00000 Frm 00188 Fmt 6652 Sfmt 6201 E:\BILLS\S3045.IS S3045

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1 vance for the amount of any such increased 

2 cost. 

3 ‘‘(4) For purposes of this section— 

4 ‘‘(A) the terms ‘low-income’ and ‘very low5 income’ shall have the meanings provided in 

6 section 3 of this Act; 

7 ‘‘(B) the term ‘multifamily housing 

8 project’ means housing that meets one of the 

9 following conditions— 

10 ‘‘(i) housing that is subject to a mort11 gage insured under the National Housing 

12 Act; 

13 ‘‘(ii) housing that has project-based 

14 assistance attached to the structure includ15 ing projects undergoing mark to market 

16 debt restructuring under the Multifamily 

17 Assisted Housing Reform and Affordability 

18 Housing Act; 

19 ‘‘(iii) housing that is assisted under 

20 section 202 of the Housing Act of 1959 

21 (12 U.S.C. 1701q); 

22 ‘‘(iv) housing that is assisted under 

23 section 202 of the Housing Act of 1959 

24 (12 U.S.C. 1701q), as such section existed 


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1 before the enactment of the Cranston2 Gonzales National Affordable Housing Act; 

3 ‘‘(v) housing that is assisted under 

4 section 811 of the Cranston-Gonzales Na5 tional Affordable Housing Act (42 U.S.C. 

6 8013); or 

7 ‘‘(vi) housing or vacant land that is 

8 subject to a use agreement; 

9 ‘‘(C) the term ‘project-based assistance’ 

10 means— 

11 ‘‘(i) assistance provided under sub12 section (b) of this section; 

13 ‘‘(ii) assistance for housing con14 structed or substantially rehabilitated pur15 suant to assistance provided under sub16 section (b)(2) of this section (as such sec17 tion existed immediately before October 1, 

18 1983); 

19 ‘‘(iii) rent supplement payments under 

20 section 101 of the Housing and Urban De21 velopment Act of 1965 (12 U.S.C. 1701s); 

22 ‘‘(iv) interest reduction payments 

23 under section 236 and/or additional assist24 ance payments under section 236(f)(2) of 


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1 the National Housing Act (12 U.S.C. 

2 1715z–1); 

3 ‘‘(v) assistance payments made under 

4 section 202(c)(2) of the Housing Act of 

5 1959 (12 U.S.C. 1701q(c)(2)); and 

6 ‘‘(vi) assistance payments made under 

7 section 811(d)(2) of the Cranston-Gonzalez 

8 National Affordable Housing Act (42 

9 U.S.C. 8013(d)(2)); 

10 ‘‘(D) the term ‘receiving project or 

11 projects’ means the multifamily housing project 

12 or projects to which some or all of the project13 based assistance, debt, and statutorily required 

14 low-income and very low-income use restrictions 

15 are to be transferred; and 

16 ‘‘(E) the term ‘transferring project’ means 

17 the multifamily housing project which is trans18 ferring some or all of the project-based assist19 ance, debt, and the statutorily required low-in20 come and very low-income use restrictions to 

21 the receiving project or projects. 

22 ‘‘(5) IMPLEMENTATION.—The Secretary shall 

23 implement this subsection by publishing notice in the 

24 Federal Register.’’. 


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1 SEC. 209. Section 3 of the United States Housing 

2 Act of 1937 (42 U.S.C. 1437a) is amended by adding the 

3 following new subsection: 

4 ‘‘(g) RESTRICTIONS ON ASSISTANCE AND ELIGI5 BILITY.— 

6 ‘‘(1) No assistance shall be provided under sec7 tion 8 of this Act to any individual who— 

8 ‘‘(A) is enrolled as a student at an institu9 tion of higher education (as defined under sec10 tion 102 of the Higher Education Act of 1965 

11 (20 U.S.C. 1002)); 

12 ‘‘(B) is under 24 years of age; 

13 ‘‘(C) is not a veteran; 

14 ‘‘(D) is unmarried; 

15 ‘‘(E) does not have a dependent child; 

16 ‘‘(F) is not a person with disabilities, as 

17 such term is defined in subsection (b)(3)(E) of 

18 this section and was not receiving assistance 

19 under such section 8 as of November 30, 2005; 

20 ‘‘(G) is not a youth who left foster care at 

21 age 14 or older and is at risk of becoming 

22 homeless; and 

23 ‘‘(H) is not otherwise individually eligible, 

24 or has parents who, individually or jointly, are 


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1 not eligible, to receive assistance under section 

2 8 of this Act. 

3 ‘‘(2) For purposes of determining the income of 

4 a person under section 8 of this Act, any financial 

5 assistance (in excess of amounts received for tuition 

6 and any other required fees and charges) that an in7 dividual receives under the Higher Education Act of 

8 1965 (20 U.S.C. 1001 et seq.), from private sources, 

9 or from an institution of higher education (as de10 fined under section 102 of the Higher Education Act 

11 of 1965 (20 U.S.C. 1002)), shall be considered in12 come to that individual, except for a person over the 

13 age of 23 with dependent children.’’. 

14 SEC. 210. The funds made available for Native Alas15 kans under paragraph (1) under the heading ‘‘Native 

16 American Programs’’ in title II of this Act shall be allo17 cated to the same Native Alaskan housing block grant re18 cipients that received funds in fiscal year 2005, and only 

19 such recipients shall be eligible to apply for funds made 

20 available under paragraph (2) of such heading. 

21 SEC. 211. Section 8 of the United States Housing 

22 Act of 1937 (42 U.S.C. 1437f) is amended by adding the 

23 following subsection: 


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1 ‘‘(m) MAINTAINING RENTAL ASSISTANCE PROGRAMS

2 DURING THE DISPOSITION OF MULTIFAMILY PROP3 ERTY.— 

4 ‘‘(1) AUTHORITY.—Notwithstanding any other 

5 provision of law, in managing and disposing of any 

6 multifamily property that is owned or has a mort7 gage held by the Secretary, and during the process 

8 of foreclosure on any property with a contract for 

9 rental assistance payments under this section or 

10 other programs administered by the Secretary, the 

11 Secretary shall maintain any rental assistance pay12 ments under this section and other programs that 

13 are attached to any dwelling units in the property. 

14 ‘‘(2) COST CONSIDERATIONS.—To the extent 

15 the Secretary determines, in consultation with the 

16 tenants and the local government that such a multi17 family property owned or having a mortgage held by 

18 the Secretary is not feasible for continued rental as19 sistance payments under such section 8 or other pro20 grams, based on consideration of— 

21 ‘‘(A) the costs of rehabilitating and oper22 ating the property and all available Federal, 

23 State, and local resources, including rent ad24 justments, if applicable, under section 524 of 

25 the Multifamily Assisted Housing Reform and 


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1 Affordability Act of 1997 (‘MAHRAA’) (42 

2 U.S.C. 1437f note); and 

3 ‘‘(B) environmental conditions that cannot 

4 be remedied in a cost-effective fashion, the Sec5 retary may, in consultation with the tenants of 

6 that property, contract for project-based rental 

7 assistance payments with an owner or owners of 

8 other existing housing properties, or provide 

9 other rental assistance. 

10 ‘‘(3) CONTINUATION OF CONTRACT.—The Sec11 retary shall also take appropriate steps to ensure 

12 that project-based contracts remain in effect prior to 

13 foreclosure, subject to the exercise of contractual 

14 abatement remedies to assist relocation of tenants 

15 for imminent major threats to health and safety 

16 after written notice to and informed consent of the 

17 affected tenants and use of other available remedies, 

18 such as partial abatements or receivership. 

19 ‘‘(4) POST-DISPOSITION.—After disposition of 

20 any multifamily property described under this sub21 section, the contract and allowable rent levels on 

22 such properties shall be subject to the requirements 

23 of MAHRAA.’’. 

24 SEC. 212. Public housing agencies that own and oper25 ate 400 or fewer public housing units may elect to be exVerDate Sep 11 2014 23:55 Oct 21, 2021 Jkt 029200 PO 00000 Frm 00195 Fmt 6652 Sfmt 6201 E:\BILLS\S3045.IS S3045

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1 empt from any asset management requirement imposed by 

2 the Secretary in connection with the operating fund rule: 

3 Provided, That an agency seeking a discontinuance of a 

4 reduction of subsidy under the operating fund formula 

5 shall not be exempt from asset management requirements. 

6 SEC. 213. With respect to the use of amounts pro7 vided in this Act and in future Acts for the operation, cap8 ital improvement, and management of public housing as 

9 authorized by sections 9(d) and 9(e) of the United States 

10 Housing Act of 1937 (42 U.S.C. 1437g(d),(e)), the Sec11 retary shall not impose any requirement or guideline relat12 ing to asset management that restricts or limits in any 

13 way the use of capital funds for central office costs pursu14 ant to paragraph (1) or (2) of section 9(g) of the United 

15 States Housing Act of 1937 (42 U.S.C. 1437g(g)(1), (2)): 

16 Provided, That a public housing agency may not use cap17 ital funds authorized under section 9(d) for activities that 

18 are eligible under section 9(e) for assistance with amounts 

19 from the operating fund in excess of the amounts per20 mitted under paragraph (1) or (2) of section 9(g). 

21 SEC. 214. No official or employee of the Department 

22 of Housing and Urban Development shall be designated 

23 as an allotment holder unless the Office of the Chief Fi24 nancial Officer has determined that such allotment holder 

25 has implemented an adequate system of funds control and 


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1 has received training in funds control procedures and di2 rectives. The Chief Financial Officer shall ensure that 

3 there is a trained allotment holder for each HUD appro4 priation under the accounts ‘‘Executive Offices’’, ‘‘Admin5 istrative Support Offices’’, ‘‘Program Offices’’, ‘‘Govern6 ment National Mortgage Association—Guarantees of 

7 Mortgage-Backed Securities Loan Guarantee Program 

8 Account’’, and ‘‘Office of Inspector General’’ within the 

9 Department of Housing and Urban Development. 

10 SEC. 215. The Secretary shall, for fiscal year 2022, 

11 notify the public through the Federal Register and other 

12 means, as determined appropriate, of the issuance of a no13 tice of the availability of assistance or notice of funding 

14 opportunity (NOFO) for any program or discretionary 

15 fund administered by the Secretary that is to be competi16 tively awarded. Notwithstanding any other provision of 

17 law, for fiscal year 2022, the Secretary may make the 

18 NOFO available only on the Internet at the appropriate 

19 Government website or through other electronic media, as 

20 determined by the Secretary. 

21 SEC. 216. Payment of attorney fees in program-re22 lated litigation shall be paid from the individual program 

23 office and Office of General Counsel salaries and expenses 

24 appropriations. 


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1 SEC. 217. The Secretary is authorized to transfer up 

2 to 10 percent or $5,000,000, whichever is less, of funds 

3 appropriated for any office under the headings ‘‘Adminis4 trative Support Offices’’ or ‘‘Program Offices’’ to any 

5 other such office under such headings: Provided, That no 

6 appropriation for any such office under such headings 

7 shall be increased or decreased by more than 10 percent 

8 or $5,000,000, whichever is less, without prior written ap9 proval of the House and Senate Committees on Appropria10 tions: Provided further, That the Secretary shall provide 

11 notification to such Committees 3 business days in ad12 vance of any such transfers under this section up to 10 

13 percent or $5,000,000, whichever is less. 

14 SEC. 218. (a) Any entity receiving housing assistance 

15 payments shall maintain decent, safe, and sanitary condi16 tions, as determined by the Secretary, and comply with 

17 any standards under applicable State or local laws, rules, 

18 ordinances, or regulations relating to the physical condi19 tion of any property covered under a housing assistance 

20 payment contract. 

21 (b) The Secretary shall take action under subsection 

22 (c) when a multifamily housing project with a contract 

23 under section 8 of the United States Housing Act of 1937 

24 (42 U.S.C. 1437f) or a contract for similar project-based 

25 assistance— 


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1 (1) receives a Uniform Physical Condition 

2 Standards (UPCS) score of 60 or less; or 

3 (2) fails to certify in writing to the Secretary 

4 within 3 days that all Exigent Health and Safety de5 ficiencies identified by the inspector at the project 

6 have been corrected. 

7 Such requirements shall apply to insured and noninsured 

8 projects with assistance attached to the units under sec9 tion 8 of the United States Housing Act of 1937 (42 

10 U.S.C. 1437f), but shall not apply to such units assisted 

11 under section 8(o)(13) of such Act (42 U.S.C. 

12 1437f(o)(13)) or to public housing units assisted with cap13 ital or operating funds under section 9 of the United 

14 States Housing Act of 1937 (42 U.S.C. 1437g). 

15 (c)(1) Within 15 days of the issuance of the Real Es16 tate Assessment Center (‘‘REAC’’) inspection, the Sec17 retary shall provide the owner with a Notice of Default 

18 with a specified timetable, determined by the Secretary, 

19 for correcting all deficiencies. The Secretary shall provide 

20 a copy of the Notice of Default to the tenants, the local 

21 government, any mortgagees, and any contract adminis22 trator. If the owner’s appeal results in a UPCS score of 

23 60 or above, the Secretary may withdraw the Notice of 

24 Default. 


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1 (2) At the end of the time period for correcting all 

2 deficiencies specified in the Notice of Default, if the owner 

3 fails to fully correct such deficiencies, the Secretary may— 

4 (A) require immediate replacement of project 

5 management with a management agent approved by 

6 the Secretary; 

7 (B) impose civil money penalties, which shall be 

8 used solely for the purpose of supporting safe and 

9 sanitary conditions at applicable properties, as des10 ignated by the Secretary, with priority given to the 

11 tenants of the property affected by the penalty; 

12 (C) abate the section 8 contract, including par13 tial abatement, as determined by the Secretary, until 

14 all deficiencies have been corrected; 

15 (D) pursue transfer of the project to an owner, 

16 approved by the Secretary under established proce17 dures, who will be obligated to promptly make all re18 quired repairs and to accept renewal of the assist19 ance contract if such renewal is offered; 

20 (E) transfer the existing section 8 contract to 

21 another project or projects and owner or owners; 

22 (F) pursue exclusionary sanctions, including 

23 suspensions or debarments from Federal programs; 

24 (G) seek judicial appointment of a receiver to 

25 manage the property and cure all project deficiencies 


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1 or seek a judicial order of specific performance re2 quiring the owner to cure all project deficiencies; 

3 (H) work with the owner, lender, or other re4 lated party to stabilize the property in an attempt 

5 to preserve the property through compliance, trans6 fer of ownership, or an infusion of capital provided 

7 by a third-party that requires time to effectuate; or 

8 (I) take any other regulatory or contractual 

9 remedies available as deemed necessary and appro10 priate by the Secretary. 

11 (d) The Secretary shall take appropriate steps to en12 sure that project-based contracts remain in effect, subject 

13 to the exercise of contractual abatement remedies to assist 

14 relocation of tenants for major threats to health and safety 

15 after written notice to the affected tenants. To the extent 

16 the Secretary determines, in consultation with the tenants 

17 and the local government, that the property is not feasible 

18 for continued rental assistance payments under such sec19 tion 8 or other programs, based on consideration of— 

20 (1) the costs of rehabilitating and operating the 

21 property and all available Federal, State, and local 

22 resources, including rent adjustments under section 

23 524 of the Multifamily Assisted Housing Reform 

24 and Affordability Act of 1997 (‘‘MAHRAA’’); and 


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1 (2) environmental conditions that cannot be 

2 remedied in a cost-effective fashion, the Secretary 

3 may contract for project-based rental assistance pay4 ments with an owner or owners of other existing 

5 housing properties, or provide other rental assist6 ance. 

7 (e) The Secretary shall report semi-annually on all 

8 properties covered by this section that are assessed 

9 through the Real Estate Assessment Center and have 

10 UPCS physical inspection scores of less than 60 or have 

11 received an unsatisfactory management and occupancy re12 view within the past 36 months. The report shall include— 

13 (1) identification of the enforcement actions 

14 being taken to address such conditions, including 

15 imposition of civil money penalties and termination 

16 of subsidies, and identification of properties that 

17 have such conditions multiple times; 

18 (2) identification of actions that the Depart19 ment of Housing and Urban Development is taking 

20 to protect tenants of such identified properties; and 

21 (3) any administrative or legislative rec22 ommendations to further improve the living condi23 tions at properties covered under a housing assist24 ance payment contract. 


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1 The first report shall be submitted to the Senate and 

2 House Committees on Appropriations not later than 30 

3 days after the enactment of this Act, and the second re4 port shall be submitted within 180 days of the transmittal 

5 of the first report. 

6 SEC. 219. None of the funds made available by this 

7 Act, or any other Act, for purposes authorized under sec8 tion 8 (only with respect to the tenant-based rental assist9 ance program) and section 9 of the United States Housing 

10 Act of 1937 (42 U.S.C. 1437 et seq.), may be used by 

11 any public housing agency for any amount of salary, in12 cluding bonuses, for the chief executive officer of which, 

13 or any other official or employee of which, that exceeds 

14 the annual rate of basic pay payable for a position at level 

15 IV of the Executive Schedule at any time during any pub16 lic housing agency fiscal year 2022. 

17 SEC. 220. None of the funds made available by this 

18 Act and provided to the Department of Housing and 

19 Urban Development may be used to make a grant award 

20 unless the Secretary notifies the House and Senate Com21 mittees on Appropriations not less than 3 full business 

22 days before any project, State, locality, housing authority, 

23 Tribe, nonprofit organization, or other entity selected to 

24 receive a grant award is announced by the Department 

25 or its offices. 


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1 SEC. 221. None of the funds made available by this 

2 Act may be used to require or enforce the Physical Needs 

3 Assessment (PNA). 

4 SEC. 222. None of the funds made available in this 

5 Act shall be used by the Federal Housing Administration, 

6 the Government National Mortgage Association, or the 

7 Department of Housing and Urban Development to in8 sure, securitize, or establish a Federal guarantee of any 

9 mortgage or mortgage backed security that refinances or 

10 otherwise replaces a mortgage that has been subject to 

11 eminent domain condemnation or seizure, by a State, mu12 nicipality, or any other political subdivision of a State. 

13 SEC. 223. None of the funds made available by this 

14 Act may be used to terminate the status of a unit of gen15 eral local government as a metropolitan city (as defined 

16 in section 102 of the Housing and Community Develop17 ment Act of 1974 (42 U.S.C. 5302)) with respect to 

18 grants under section 106 of such Act (42 U.S.C. 5306). 

19 SEC. 224. Amounts made available by this Act that 

20 are appropriated, allocated, advanced on a reimbursable 

21 basis, or transferred to the Office of Policy Development 

22 and Research of the Department of Housing and Urban 

23 Development and functions thereof, for research, evalua24 tion, or statistical purposes, and that are unexpended at 

25 the time of completion of a contract, grant, or cooperative 


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1 agreement, may be deobligated and shall immediately be2 come available and may be reobligated in that fiscal year 

3 or the subsequent fiscal year for the research, evaluation, 

4 or statistical purposes for which the amounts are made 

5 available to that Office subject to reprogramming require6 ments in section 234 of this Act. 

7 SEC. 225. None of the funds provided in this Act or 

8 any other Act may be used for awards, including perform9 ance, special act, or spot, for any employee of the Depart10 ment of Housing and Urban Development subject to ad11 ministrative discipline (including suspension from work), 

12 in this fiscal year, but this prohibition shall not be effec13 tive prior to the effective date of any such administrative 

14 discipline or after any final decision over-turning such dis15 cipline. 

16 SEC. 226. With respect to grant amounts awarded 

17 under the heading ‘‘Homeless Assistance Grants’’ for fis18 cal years 2015 through 2022 for the Continuum of Care 

19 (CoC) program as authorized under subtitle C of title IV 

20 of the McKinney-Vento Homeless Assistance Act, costs 

21 paid by program income of grant recipients may count to22 ward meeting the recipient’s matching requirements, pro23 vided the costs are eligible CoC costs that supplement the 

24 recipient’s CoC program. 


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1 SEC. 227. (a) From amounts made available under 

2 this title under the heading ‘‘Homeless Assistance 

3 Grants’’, the Secretary may award 1–year transition 

4 grants to recipients of funds for activities under subtitle 

5 C of the McKinney-Vento Homeless Assistance Act (42 

6 U.S.C. 11381 et seq.) to transition from one Continuum 

7 of Care program component to another. 

8 (b) In order to be eligible to receive a transition 

9 grant, the funding recipient must have the consent of the 

10 continuum of care and meet standards determined by the 

11 Secretary. 

12 SEC. 228. None of the funds made available by this 

13 Act may be used by the Department of Housing and 

14 Urban Development to direct a grantee to undertake spe15 cific changes to existing zoning laws as part of carrying 

16 out the final rule entitled ‘‘Affirmatively Furthering Fair 

17 Housing’’ (80 Fed. Reg. 42272 (July 16, 2015)) or the 

18 notice entitled ‘‘Affirmatively Furthering Fair Housing 

19 Assessment Tool’’ (79 Fed. Reg. 57949 (September 26, 

20 2014)). 

21 SEC. 229. The Promise Zone designations and Prom22 ise Zone Designation Agreements entered into pursuant 

23 to such designations, made by the Secretary in prior fiscal 

24 years, shall remain in effect in accordance with the terms 

25 and conditions of such agreements. 


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1 SEC. 230. None of the amounts made available in this 

2 Act may be used to consider Family Self-Sufficiency per3 formance measures or performance scores in determining 

4 funding awards for programs receiving Family Self-Suffi5 ciency program coordinator funding provided in this Act. 

6 SEC. 231. Any public housing agency designated as 

7 a Moving to Work agency pursuant to section 239 of divi8 sion L of Public Law 114–113 (42 U.S.C. 1437f note; 

9 129 Stat. 2897) may, upon such designation, use funds 

10 (except for special purpose funding, including special pur11 pose vouchers) previously allocated to any such public 

12 housing agency under section 8 or 9 of the United States 

13 Housing Act of 1937, including any reserve funds held by 

14 the public housing agency or funds held by the Depart15 ment of Housing and Urban Development, pursuant to the 

16 authority for use of section 8 or 9 funding provided under 

17 such section and section 204 of title II of the Departments 

18 of Veterans Affairs and Housing and Urban Development 

19 and Independent Agencies Appropriations Act, 1996 

20 (Public Law 104–134; 110 Stat. 1321–28), notwith21 standing the purposes for which such funds were appro22 priated. 

23 SEC. 232. None of the amounts made available by 

24 this Act may be used to prohibit any public housing agen25 cy under receivership or the direction of a Federal monitor 


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1 from applying for, receiving, or using funds made available 

2 under the heading ‘‘Public Housing Fund’’ for competitive 

3 grants to evaluate and reduce lead-based paint hazards in 

4 this Act or that remain available and not awarded from 

5 prior Acts, or be used to prohibit a public housing agency 

6 from using such funds to carry out any required work pur7 suant to a settlement agreement, consent decree, vol8 untary agreement, or similar document for a violation of 

9 the Lead Safe Housing or Lead Disclosure Rules. 

10 SEC. 233. None of the funds made available by this 

11 title may be used to issue rules or guidance in contraven12 tion of section 1210 of Public Law 115–254 (132 Stat. 

13 3442) or section 312 of the Robert T. Stafford Disaster 

14 Relief and Emergency Assistance Act (42 U.S.C. 5155). 

15 SEC. 234. Except as otherwise provided in this Act, 

16 none of the funds provided in this title, provided by pre17 vious appropriations Acts to the Department of Housing 

18 and Urban Development that remain available for obliga19 tion or expenditure in fiscal year 2022, or provided from 

20 any accounts in the Treasury derived by the collection of 

21 fees and available to the Department of Housing and 

22 Urban Development, shall be available for obligation or 

23 expenditure through a reprogramming of funds that— 

24 (1) For Program and Information Technology 

25 funds— 


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1 (A) initiates or creates a new program, 

2 project, or activity; 

3 (B) eliminates a program, project, or activ4 ity; 

5 (C) increases funds for any program, 

6 project, or activity for which funds have been 

7 denied or restricted by the Congress; 

8 (D) proposes to use funds directed for a 

9 specific activity by either the House or Senate 

10 Committees on Appropriations for a different 

11 purpose; 

12 (E) augments existing programs, projects, 

13 or activities in excess of $5,000,000 or 10 per14 cent, whichever is less; or 

15 (F) reduces existing programs, projects, or 

16 activities by $5,000,000 or 10 percent which17 ever is less; 

18 (2) For Salaries and Expenses funds— 

19 (A) assigns personnel or hires to support 

20 the creation of a new program, project, or activ21 ity not previously included in the President’s 

22 budget; 

23 (B) increases the personnel or other re24 sources for any program, project, or activity for 


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1 which funds have been denied or restricted by 

2 the Congress; 

3 (C) relocates or closes an office; or 

4 (D) creates, reorganizes or restructures an 

5 office, division, branch, board or administration, 

6 which shall include the transfer of any function 

7 from one organizational unit to another organi8 zational unit; unless prior written notification is 

9 provided to, and approval is received from the 

10 House and Senate Committees on Appropria11 tions. 

12 SEC. 235. Not later than 60 days after the date of 

13 enactment of this Act, the Department of Housing and 

14 Urban Development shall submit a report to the Commit15 tees on Appropriations of the Senate and of the House 

16 of Representatives to establish the baseline for application 

17 of reprogramming and transfer authorities for the current 

18 fiscal year: Provided, That the report shall include— 

19 (1) a table for each appropriation with a sepa20 rate column to display the prior year enacted level, 

21 the President’s budget request, adjustments made by 

22 Congress, adjustments due to enacted rescissions, if 

23 appropriate, and the fiscal year enacted level; 

24 (2) for program and information technology 

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1 tion and its respective prior year enacted level by 

2 program, project, and activity as detailed in this 

3 Act, the explanatory statement accompanying this 

4 Act, accompanying reports of the House and Senate 

5 Committees on Appropriations, or the budget appen6 dix for the respective appropriation, whichever is 

7 more detailed, and shall apply to all items for which 

8 a dollar amount is specified and to all programs for 

9 which new budget authority is provided; 

10 (3) for salaries and expenses funds, an organi11 zational chart for each office that includes detail to 

12 the branch level, and clearly identifies those ‘‘organi13 zational units’’ to which paragraph (2) shall be ap14 plied; and 

15 (4) an identification of items of special congres16 sional interest. 

17 SEC. 236. The language under the heading ‘‘Rental 

18 Assistance Demonstration’’ in the Department of Housing 

19 and Urban Development Appropriations Act, 2012 (Public 

20 Law 112–55), as most recently amended by Public Law 

21 115–141, is further amended— 

22 (1) in the initial undesignated matter, by strik23 ing ‘‘and ‘Public Housing Operating Fund’ ’’ and in24 serting ‘‘, ‘Public Housing Operating Fund’, and 

25 ‘Public Housing Fund’ ’’; 


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1 (2) in the second proviso, by striking ‘‘2024’’ 

2 and inserting ‘‘2028’’; 

3 (3) in the fourth proviso by striking ‘‘455,000’’ 

4 and inserting ‘‘500,000’’; 

5 (4) after the fourth proviso, by inserting the 

6 following new provisos: ‘‘Provided further, That at 

7 properties with assistance under section 9 of the Act 

8 requesting to partially convert such assistance, and 

9 where an event under section 18 of the Act occurs 

10 that results in the eligibility for tenant protection 

11 vouchers under section 8(o) of the Act, the Secretary 

12 may convert the tenant protection voucher assistance 

13 to assistance under a project-based subsidy contract 

14 under section 8 of the Act, which shall be eligible for 

15 renewal under section 524 of the Multifamily As16 sisted Housing Reform and Affordability Act of 

17 1997, or assistance under section 8(o)(13) of the 

18 Act, so long as the property meets any additional re19 quirements established by the Secretary to facilitate 

20 conversion: Provided further, That to facilitate the 

21 conversion of assistance under the preceding proviso, 

22 the Secretary may transfer an amount equal to the 

23 total amount that would have been allocated for ten24 ant protection voucher assistance for properties that 

25 have requested such conversions from amounts made 


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1 available for tenant protection voucher assistance 

2 under the heading ‘Tenant-Based Rental Assistance’ 

3 to the heading ‘Project-Based Rental Assistance’:’’; 

4 (5) in the twelfth proviso, as reordered above, 

5 by 

6 (A) inserting ‘‘ ‘Public Housing Fund’, 

7 ‘Self-Sufficiency Programs’, ‘Family Self-Suffi8 ciency’ ’’ following ‘‘ ‘Public Housing Operating 

9 Fund’,’’; and 

10 (B) inserting ‘‘or the ongoing availability 

11 of services for residents’’ after ‘‘effective con12 version of assistance under the demonstration’’; 

13 (6) after the nineteenth proviso, as reordered 

14 above, by inserting the following new proviso: ‘‘Pro15 vided further, That conversions of assistance under 

16 the following provisos herein shall be considered as 

17 the ‘Second Component’ and shall be authorized for 

18 fiscal year 2012 and thereafter:’’; 

19 (7) by striking the twenty-first proviso, as reor20 dered above, and inserting the following four pro21 visos: ‘‘Provided further, That owners of properties 

22 assisted under section 101 of the Housing and 

23 Urban Development Act of 1965, section 236(f)(2) 

24 of the National Housing Act, or section 8(e)(2) of 

25 the United States Housing Act of 1937, for which 


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1 an event after October 1, 2006 has caused or results 

2 in the termination of rental assistance or afford3 ability restrictions and the issuance of tenant protec4 tion vouchers under section 8(o) of the Act shall be 

5 eligible, subject to requirements established by the 

6 Secretary, for conversion of assistance available for 

7 such vouchers or assistance contracts to assistance 

8 under a long term project-based subsidy contract 

9 under section 8 of the Act: Provided further, That 

10 owners of properties with a project rental assistance 

11 contract under section 202(c)(2) of the Housing Act 

12 of 1959 shall be eligible, subject to requirements es13 tablished by the Secretary, including but not limited 

14 to the subordination, restructuring, or both, of any 

15 capital advance documentation, including any note, 

16 mortgage, use agreement or other agreements, evi17 dencing or securing a capital advance previously pro18 vided by the Secretary under section 202(c)(1) of 

19 the Housing Act of 1959 as necessary to facilitate 

20 the conversion of assistance while maintaining the 

21 affordability period and the designation of the prop22 erty as serving elderly persons, and tenant consulta23 tion procedures, for conversion of assistance avail24 able for such assistance contracts to assistance 

25 under a long term project-based subsidy contract 


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1 under section 8 of the Act: Provided further, That 

2 owners of properties with a project rental assistance 

3 contract under section 811(d)(2) of the Cranston4 Gonzalez National Affordable Housing Act, shall be 

5 eligible, subject to requirements established by the 

6 Secretary, including but not limited to the subordi7 nation, restructuring, or both, of any capital advance 

8 documentation, including any note, mortgage, use 

9 agreement or other agreements, evidencing or secur10 ing a capital advance previously provided by the Sec11 retary under section 811(d)(2) of the Cranston-Gon12 zalez National Affordable Housing Act as necessary 

13 to facilitate the conversion of assistance while main14 taining the affordability period and the designation 

15 of the property as serving persons with disabilities, 

16 and tenant consultation procedures, for conversion 

17 of assistance contracts to assistance under a long 

18 term project-based subsidy contract under section 8 

19 of the Act: Provided further, That long term project20 based subsidy contracts under section 8 of the Act 

21 which are established under this Second Component 

22 shall have a term of no less than 20 years, with rent 

23 adjustments only by an operating cost factor estab24 lished by the Secretary, which shall be eligible for re25 newal under section 524 of the Multifamily Assisted 


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1 Housing Reform and Affordability Act of 1997 (42 

2 U.S.C. 1437f note), or, subject to agreement of the 

3 administering public housing agency, to assistance 

4 under section 8(o)(13) of the Act, to which the limi5 tation under subsection (B) of section 8(o)(13) of 

6 the Act shall not apply and for which the Secretary 

7 may waive or alter the provisions of subparagraphs 

8 (C) and (D) of section 8(o)(13) of the Act:’’; 

9 (8) after the twenty-fifth proviso, as reordered 

10 above, by inserting the following new proviso: ‘‘Pro11 vided further, That the Secretary may waive or alter 

12 the requirements of section 8(c)(1)(A) of the Act for 

13 contracts provided to properties converting assist14 ance from section 202(c)(2) of the Housing Act of 

15 1959 or section 811(d)(2) of the Cranston-Gonzalez 

16 National Affordable Housing Act as necessary to en17 sure the ongoing provision and coordination of serv18 ices or to avoid a reduction in project subsidy:’’; and 

19 (9) in the thirty-first proviso, as reordered 

20 above, by— 

21 (A) striking ‘‘heading ‘Housing for the El22 derly’ ’’ and inserting ‘‘headings ‘Housing for 

23 the Elderly’ and ‘Housing for Persons with Dis24 abilities’ ’’; and 


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1 (B) inserting ‘‘or section 811 project rental 

2 assistance contract’’ after ‘‘section 202 project 

3 rental assistance contract’’. 

4 SEC. 237. In this fiscal year, if the Secretary deter5 mines or has determined that, in any prior formula alloca6 tion administered by the Secretary under any account 

7 under the headings ‘‘Public and Indian Housing’’, ‘‘Com8 munity Planning and Development’’ and ‘‘Housing Pro9 grams’’ under this title, a recipient received an allocation 

10 larger than the amount such recipient should have re11 ceived for a formula allocation cycle pursuant to applicable 

12 statutes and regulations, the Secretary may adjust for any 

13 such funding error from available balances in the next fea14 sible formula allocation cycle by (a) offsetting each such 

15 recipient’s formula allocation (if eligible for a formula allo16 cation in such subsequent cycle) by the amount of any 

17 such funding error; and (b) re-allocating the offset amount 

18 to the recipient or recipients that would have been allo19 cated the funds in the cycle in which any such error oc20 curred (if eligible for a formula allocation under such sub21 sequent cycle) in an amount proportionate to such subse22 quent cycle’s formula amount or formula component 

23 amount: Provided, That all offsets and reallocations from 

24 such available balances shall be recognized in the fiscal 

25 year of such adjustments instead of the fiscal year of any 


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1 error, notwithstanding any inconsistent fiscal year ac2 counting or other requirements: Provided further, That if, 

3 upon request by a recipient and giving consideration to 

4 all Federal resources available to the recipient for that 

5 purpose, the Secretary determines that the offset in such 

6 subsequent formula allocation would critically impair the 

7 recipient’s ability to accomplish the purpose of the grant, 

8 the Secretary may adjust for the funding error in two or 

9 more formula cycles and reallocate such offset amounts 

10 in accordance with (b) in the matter preceding the first 

11 proviso. 

12 SEC. 238. (a) Funds previously made available in 

13 chapter 9 of title X of the Disaster Relief Appropriations 

14 Act, 2013 (Public Law 113–2, division A; 127 Stat. 36) 

15 under the heading ‘‘Department of Housing and Urban 

16 Development—Community Planning and Development— 

17 Community Development Fund’’ that were available for 

18 obligation through fiscal year 2017 are to remain available 

19 through fiscal year 2025 for the liquidation of valid obliga20 tions incurred in fiscal years 2013 through 2017. 

21 (b) EMERGENCY.—Amounts repurposed pursuant to 

22 this section that were previously designated by the Con23 gress as an emergency requirement pursuant to the Bal24 anced Budget and Emergency Deficit Control Act of 1985 

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1 ment pursuant to section 4001(a)(1) and section 4001(b) 

2 of S. Con. Res. 14 (117th Congress), the concurrent reso3 lution on the budget for fiscal year 2022 and to section 

4 251(b) of the Balanced Budget and Emergency Deficit 

5 Control Act of 1985. 

6 SEC. 239. Any obligated balances from amounts 

7 made available for project-based vouchers under the head8 ing ‘‘Permanent Supportive Housing’’ in chapter 6 of title 

9 III of Public Law 110–252 may be used for tenant-based 

10 rental assistance under section 8(o) of the United States 

11 Housing Act of 1937 (42 U.S.C. 1437f(o)). 

12 SEC. 240. Notwithstanding any other provision of 

13 law, including section 208 of the National Housing Act 

14 (12 U.S.C. 1714 (Taxation Provisions)), as of the enact15 ment of this provision, no 1 to 4 unit property with a 

16 mortgage insured, guaranteed, made, or held by the Sec17 retary of Housing and Urban Development shall be sub18 ject as priming lien securing repayment of to a new resi19 dential Property Assessed Clean Energy (PACE or R20 PACE) loan or equivalent financing without the PACE 

21 loan or equivalent financing provider obtaining prior writ22 ten consent from the Secretary of HUD, subject to such 

23 terms and conditions as the Secretary may prescribe: Pro24 vided, That any new residential Property Assessed Clean 

25 Energy (PACE or R-PACE) loan or equivalent financing 


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1 that is entered into by a PACE Provider absent such con2 sent shall be deemed void ab initio and the PACE Provider 

3 shall bear all costs associated with the transactions with 

4 no recourse against the homeowner resulting from the 

5 PACE transaction, including all costs incurred by any 

6 holder of an insured or guaranteed mortgage or the Sec7 retary in obtaining good and marketable title: Provided 

8 further, That any Property Assessed Clean Energy (PACE 

9 or R-PACE) assessments will not have a lien priority 

10 above a lien for any mortgage insured, guaranteed, made, 

11 or held by the Secretary of Housing and Urban Develop12 ment. 

13 SEC. 241. (a) With respect to the funds made avail14 able for the Continuum of Care program authorized under 

15 subtitle C of title IV of the McKinney-Vento Homeless As16 sistance Act (42 U.S.C. 11381 et seq.) under the heading 

17 ‘‘Homeless Assistance Grants’’ in the Department of 

18 Housing and Urban Development Appropriations Act, 

19 2021 (Public Law 116–260), under section 231 of the De20 partment of Housing and Urban Development Appropria21 tions Act, 2020 (42 U.S.C. 11364a), or in this title, Title 

22 VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et 

23 seq.) and Title VIII of the Civil Rights Act of 1968 (42 

24 U.S.C. 3601 et seq.) shall not apply to applications by 

25 or awards for projects to be carried out— 


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1 (1) on or off reservation or trust lands for 

2 awards made to Indian tribes or tribally designated 

3 housing entities; or 

4 (2) on reservation or trust lands for awards 

5 made to eligible entities as defined in section 401 of 

6 the McKinney-Vento Homeless-Assistance Act (42 

7 U.S.C. 11360). 

8 (b) With respect to funds made available for the Con9 tinuum of Care program authorized under subtitle C of 

10 title IV of the McKinney-Vento Homeless Assistance Act 

11 (42 U.S.C. 11381 et seq.) under the heading ‘‘Homeless 

12 Assistance Grants’’ in this title or under section 231 of 

13 the Department of Housing and Urban Development Ap14 propriations Act, 2020 (42 U.S.C. 11364a)— 

15 (1) applications for projects to be carried out 

16 on reservations or trust land shall contain a certifi17 cation of consistency with an approved Indian hous18 ing plan developed under section 102 of the Native 

19 American Housing Assistance and Self-Determina20 tion Act (NAHASDA) (25 U.S.C. 4112), notwith21 standing section 106 of the Cranston-Gonzalez Na22 tional Affordable Housing Act (42 U.S.C. 12706) 

23 and section 403 of the McKinney-Vento Homeless 

24 Assistance Act (42 U.S.C. 11361); 


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1 (2) Indian tribes and tribally designated hous2 ing entities that are recipients of awards for projects 

3 on reservations or trust land shall certify that they 

4 are following an approved housing plan developed 

5 under section 102 of NAHASDA (25 U.S.C. 4112); 

6 and 

7 (3) a collaborative applicant for a Continuum of 

8 Care whose geographic area includes only reserva9 tion and trust land is not required to meet the re10 quirement in section 402(f)(2) of the McKinney11 Vento Homeless Assistance Act (42 U.S.C. 

12 11360a(f)(2)). 

13 This title may be cited as the ‘‘Department of Hous14 ing and Urban Development Appropriations Act, 2022’’. 


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1 TITLE III 

2 RELATED AGENCIES 

3 ACCESS BOARD

4 SALARIES AND EXPENSES

5 For expenses necessary for the Access Board, as au6 thorized by section 502 of the Rehabilitation Act of 1973 

7 (29 U.S.C. 792), $9,750,000: Provided, That, notwith8 standing any other provision of law, there may be credited 

9 to this appropriation funds received for publications and 

10 training expenses. 

11 FEDERAL MARITIME COMMISSION

12 SALARIES AND EXPENSES

13 For necessary expenses of the Federal Maritime 

14 Commission as authorized by section 201(d) of the Mer15 chant Marine Act, 1936, as amended (46 U.S.C. 46107), 

16 including services as authorized by section 3109 of title 

17 5, United States Code; hire of passenger motor vehicles 

18 as authorized by section 1343(b) of title 31, United States 

19 Code; and uniforms or allowances therefore, as authorized 

20 by sections 5901 and 5902 of title 5, United States Code, 

21 $32,869,000: Provided, That not to exceed $3,500 shall 

22 be for official reception and representation expenses. 


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1 NATIONAL RAILROAD PASSENGER CORPORATION

2 OFFICE OF INSPECTOR GENERAL

3 SALARIES AND EXPENSES

4 For necessary expenses of the Office of Inspector 

5 General for the National Railroad Passenger Corporation 

6 to carry out the provisions of the Inspector General Act 

7 of 1978 (5 U.S.C. App. 3), $26,248,000: Provided, That 

8 the Inspector General shall have all necessary authority, 

9 in carrying out the duties specified in such Act, to inves10 tigate allegations of fraud, including false statements to 

11 the Government under section 1001 of title 18, United 

12 States Code, by any person or entity that is subject to 

13 regulation by the National Railroad Passenger Corpora14 tion: Provided further, That the Inspector General may 

15 enter into contracts and other arrangements for audits, 

16 studies, analyses, and other services with public agencies 

17 and with private persons, subject to the applicable laws 

18 and regulations that govern the obtaining of such services 

19 within the National Railroad Passenger Corporation: Pro20 vided further, That the Inspector General may select, ap21 point, and employ such officers and employees as may be 

22 necessary for carrying out the functions, powers, and du23 ties of the Office of Inspector General, subject to the appli24 cable laws and regulations that govern such selections, ap25 pointments, and employment within the National Railroad 


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1 Passenger Corporation: Provided further, That concurrent 

2 with the President’s budget request for fiscal year 2023, 

3 the Inspector General shall submit to the House and Sen4 ate Committees on Appropriations a budget request for 

5 fiscal year 2023 in similar format and substance to budget 

6 requests submitted by executive agencies of the Federal 

7 Government. 

8 NATIONAL TRANSPORTATION SAFETY BOARD

9 SALARIES AND EXPENSES

10 For necessary expenses of the National Transpor11 tation Safety Board, including hire of passenger motor ve12 hicles and aircraft; services as authorized by section 3109 

13 of title 5, United States Code, but at rates for individuals 

14 not to exceed the per diem rate equivalent to the rate for 

15 a GS–15; uniforms, or allowances therefor, as authorized 

16 by sections 5901 and 5902 of title 5, United States Code, 

17 $123,400,000, of which not to exceed $2,000 may be used 

18 for official reception and representation expenses: Pro19 vided, That the amounts made available to the National 

20 Transportation Safety Board in this Act include amounts 

21 necessary to make lease payments on an obligation in22 curred in fiscal year 2001 for a capital lease. 


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1 NEIGHBORHOOD REINVESTMENT CORPORATION

2 PAYMENT TO THE NEIGHBORHOOD REINVESTMENT

3 CORPORATION

4 For payment to the Neighborhood Reinvestment Cor5 poration for use in neighborhood reinvestment activities, 

6 as authorized by the Neighborhood Reinvestment Corpora7 tion Act (42 U.S.C. 8101–8107), $163,000,000: Provided, 

8 That an additional $3,000,000, to remain available until 

9 September 30, 2025, shall be for the promotion and devel10 opment of shared equity housing models. 

11 SURFACE TRANSPORTATION BOARD

12 SALARIES AND EXPENSES

13 For necessary expenses of the Surface Transpor14 tation Board, including services authorized by section 

15 3109 of title 5, United States Code, $39,152,000: Pro16 vided, That, notwithstanding any other provision of law, 

17 not to exceed $1,250,000 from fees established by the Sur18 face Transportation Board shall be credited to this appro19 priation as offsetting collections and used for necessary 

20 and authorized expenses under this heading: Provided fur21 ther, That the amounts made available under this heading 

22 from the general fund shall be reduced on a dollar-for23 dollar basis as such offsetting collections are received dur24 ing fiscal year 2022, to result in a final appropriation from 

25 the general fund estimated at not more than $37,902,000. 


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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 the rental of conference rooms, and the employment of ex7 perts and consultants under section 3109 of title 5, United 

8 States Code, of the United States Interagency Council on 

9 Homelessness in carrying out the functions pursuant to 

10 title II of the McKinney-Vento Homeless Assistance Act, 

11 as amended, $3,800,000. 


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1 TITLE IV 

2 GENERAL PROVISIONS—THIS ACT 

3 SEC. 401. None of the funds in this Act shall be used 

4 for the planning or execution of any program to pay the 

5 expenses of, or otherwise compensate, non-Federal parties 

6 intervening in regulatory or adjudicatory proceedings 

7 funded in this Act. 

8 SEC. 402. None of the funds appropriated in this Act 

9 shall remain available for obligation beyond the current 

10 fiscal year, nor may any be transferred to other appropria11 tions, unless expressly so provided herein. 

12 SEC. 403. The expenditure of any appropriation 

13 under this Act for any consulting service through a pro14 curement contract pursuant to section 3109 of title 5, 

15 United States Code, shall be limited to those contracts 

16 where such expenditures are a matter of public record and 

17 available for public inspection, except where otherwise pro18 vided under existing law, or under existing Executive order 

19 issued pursuant to existing law. 

20 SEC. 404. (a) None of the funds made available in 

21 this Act may be obligated or expended for any employee 

22 training that— 

23 (1) does not meet identified needs for knowl24 edge, skills, and abilities bearing directly upon the 

25 performance of official duties; 


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1 (2) contains elements likely to induce high lev2 els of emotional response or psychological stress in 

3 some participants; 

4 (3) does not require prior employee notification 

5 of the content and methods to be used in the train6 ing and written end of course evaluation; 

7 (4) contains any methods or content associated 

8 with religious or quasi-religious belief systems or 

9 ‘‘new age’’ belief systems as defined in Equal Em10 ployment Opportunity Commission Notice N– 

11 915.022, dated September 2, 1988; or 

12 (5) is offensive to, or designed to change, par13 ticipants’ personal values or lifestyle outside the 

14 workplace. 

15 (b) Nothing in this section shall prohibit, restrict, or 

16 otherwise preclude an agency from conducting training 

17 bearing directly upon the performance of official duties. 

18 SEC. 405. Except as otherwise provided in this Act, 

19 none of the funds provided in titles I or III of this Act, 

20 provided by previous appropriations Acts to the agencies 

21 or entities funded in titles I or III of this Act that remain 

22 available for obligation or expenditure in fiscal year 2022, 

23 or provided from any accounts in the Treasury derived by 

24 the collection of fees and available to the agencies funded 

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1 tion or expenditure through a reprogramming of funds 

2 that— 

3 (1) creates a new program; 

4 (2) eliminates a program, project, or activity; 

5 (3) increases funds or personnel for any pro6 gram, project, or activity for which funds have been 

7 denied or restricted by the Congress; 

8 (4) proposes to use funds directed for a specific 

9 activity by either the House or Senate Committees 

10 on Appropriations for a different purpose; 

11 (5) augments existing programs, projects, or ac12 tivities in excess of $5,000,000 or 10 percent, which13 ever is less; 

14 (6) reduces existing programs, projects, or ac15 tivities by $5,000,000 or 10 percent, whichever is 

16 less; or 

17 (7) creates, reorganizes, or restructures a 

18 branch, division, office, bureau, board, commission, 

19 agency, administration, or department different from 

20 the budget justifications submitted to the Commit21 tees on Appropriations or the table accompanying 

22 the explanatory statement accompanying this Act, 

23 whichever is more detailed, unless prior approval is 

24 received from the House and Senate Committees on 

25 Appropriations: Provided, That not later than 60 


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1 days after the date of enactment of this Act, each 

2 agency funded by this Act shall submit a report to 

3 the Committees on Appropriations of the Senate and 

4 of the House of Representatives to establish the 

5 baseline for application of reprogramming and trans6 fer authorities for the current fiscal year: Provided 

7 further, That the report shall include— 

8 (A) a table for each appropriation with a 

9 separate column to display the prior year en10 acted level, the President’s budget request, ad11 justments made by Congress, adjustments due 

12 to enacted rescissions, if appropriate, and the 

13 fiscal year enacted level; 

14 (B) a delineation in the table for each ap15 propriation and its respective prior year enacted 

16 level by object class and program, project, and 

17 activity as detailed in this Act, the table accom18 panying the explanatory statement accom19 panying this Act, accompanying reports of the 

20 House and Senate Committee on Appropria21 tions, or in the budget appendix for the respec22 tive appropriations, whichever is more detailed, 

23 and shall apply to all items for which a dollar 

24 amount is specified and to all programs for 

25 which new budget (obligational) authority is 


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1 provided, as well as to discretionary grants and 

2 discretionary grant allocations; and 

3 (C) an identification of items of special 

4 congressional interest. 

5 SEC. 406. Except as otherwise specifically provided 

6 by law, not to exceed 50 percent of unobligated balances 

7 remaining available at the end of fiscal year 2022 from 

8 appropriations made available for salaries and expenses 

9 for fiscal year 2022 in this Act, shall remain available 

10 through September 30, 2023, for each such account for 

11 the purposes authorized: Provided, That a request shall 

12 be submitted to the House and Senate Committees on Ap13 propriations for approval prior to the expenditure of such 

14 funds: Provided further, That these requests shall be made 

15 in compliance with reprogramming guidelines under sec16 tions 234 and 405 of this Act. 

17 SEC. 407. No funds in this Act may be used to sup18 port any Federal, State, or local projects that seek to use 

19 the power of eminent domain, unless eminent domain is 

20 employed only for a public use: Provided, That for pur21 poses of this section, public use shall not be construed to 

22 include economic development that primarily benefits pri23 vate entities: Provided further, That any use of funds for 

24 mass transit, railroad, airport, seaport or highway 

25 projects, as well as utility projects which benefit or serve 


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1 the general public (including energy-related, communica2 tion-related, water-related and wastewater-related infra3 structure), other structures designated for use by the gen4 eral public or which have other common-carrier or public5 utility functions that serve the general public and are sub6 ject to regulation and oversight by the government, and 

7 projects for the removal of an immediate threat to public 

8 health and safety or brownfields as defined in the Small 

9 Business Liability Relief and Brownfields Revitalization 

10 Act (Public Law 107–118) shall be considered a public 

11 use for purposes of eminent domain. 

12 SEC. 408. None of the funds made available in this 

13 Act may be transferred to any department, agency, or in14 strumentality of the United States Government, except 

15 pursuant to a transfer made by, or transfer authority pro16 vided in, this Act or any other appropriations Act. 

17 SEC. 409. No part of any appropriation contained in 

18 this Act shall be available to pay the salary for any person 

19 filling a position, other than a temporary position, for20 merly held by an employee who has left to enter the Armed 

21 Forces of the United States and has satisfactorily com22 pleted his or her period of active military or naval service, 

23 and has within 90 days after his or her release from such 

24 service or from hospitalization continuing after discharge 

25 for a period of not more than 1 year, made application 


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1 for restoration to his or her former position and has been 

2 certified by the Office of Personnel Management as still 

3 qualified to perform the duties of his or her former posi4 tion and has not been restored thereto. 

5 SEC. 410. No funds appropriated pursuant to this 

6 Act may be expended by an entity unless the entity agrees 

7 that in expending the assistance the entity will comply 

8 with sections 2 through 4 of the Act of March 3, 1933 

9 (41 U.S.C. 8301–8305, popularly known as the ‘‘Buy 

10 American Act’’). 

11 SEC. 411. No funds appropriated or otherwise made 

12 available under this Act shall be made available to any 

13 person or entity that has been convicted of violating the 

14 Buy American Act (41 U.S.C. 8301–8305). 

15 SEC. 412. None of the funds made available in this 

16 Act may be used for first-class airline accommodations in 

17 contravention of sections 301–10.122 and 301–10.123 of 

18 title 41, Code of Federal Regulations. 

19 SEC. 413. (a) None of the funds made available by 

20 this Act may be used to approve a new foreign air carrier 

21 permit under sections 41301 through 41305 of title 49, 

22 United States Code, or exemption application under sec23 tion 40109 of that title of an air carrier already holding 

24 an air operators certificate issued by a country that is 

25 party to the U.S.-E.U.-Iceland-Norway Air Transport 


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1 Agreement where such approval would contravene United 

2 States law or Article 17 bis of the U.S.-E.U.-Iceland-Nor3 way Air Transport Agreement. 

4 (b) Nothing in this section shall prohibit, restrict or 

5 otherwise preclude the Secretary of Transportation from 

6 granting a foreign air carrier permit or an exemption to 

7 such an air carrier where such authorization is consistent 

8 with the U.S.-E.U.-Iceland-Norway Air Transport Agree9 ment and United States law. 

10 SEC. 414. None of the funds made available in this 

11 Act may be used to send or otherwise pay for the attend12 ance of more than 50 employees of a single agency or de13 partment of the United States Government, who are sta14 tioned in the United States, at any single international 

15 conference unless the relevant Secretary reports to the 

16 House and Senate Committees on Appropriations at least 

17 5 days in advance that such attendance is important to 

18 the national interest: Provided, That for purposes of this 

19 section the term ‘‘international conference’’ shall mean a 

20 conference occurring outside of the United States attended 

21 by representatives of the United States Government and 

22 of foreign governments, international organizations, or 

23 nongovernmental organizations. 

24 SEC. 415. None of the funds appropriated or other25 wise made available under this Act may be used by the 


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1 Surface Transportation Board to charge or collect any fil2 ing fee for rate or practice complaints filed with the Board 

3 in an amount in excess of the amount authorized for dis4 trict court civil suit filing fees under section 1914 of title 

5 28, United States Code. 

6 SEC. 416. (a) None of the funds made available in 

7 this Act may be used to maintain or establish a computer 

8 network unless such network blocks the viewing, 

9 downloading, and exchanging of pornography. 

10 (b) Nothing in subsection (a) shall limit the use of 

11 funds necessary for any Federal, State, tribal, or local law 

12 enforcement agency or any other entity carrying out crimi13 nal investigations, prosecution, or adjudication activities. 

14 SEC. 417. (a) None of the funds made available in 

15 this Act may be used to deny an Inspector General funded 

16 under this Act timely access to any records, documents, 

17 or other materials available to the department or agency 

18 over which that Inspector General has responsibilities 

19 under the Inspector General Act of 1978 (5 U.S.C. App.), 

20 or to prevent or impede that Inspector General’s access 

21 to such records, documents, or other materials, under any 

22 provision of law, except a provision of law that expressly 

23 refers to the Inspector General and expressly limits the 

24 Inspector General’s right of access. 


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1 (b) A department or agency covered by this section 

2 shall provide its Inspector General with access to all such 

3 records, documents, and other materials in a timely man4 ner. 

5 (c) Each Inspector General shall ensure compliance 

6 with statutory limitations on disclosure relevant to the in7 formation provided by the establishment over which that 

8 Inspector General has responsibilities under the Inspector 

9 General Act of 1978 (5 U.S.C. App.). 

10 (d) Each Inspector General covered by this section 

11 shall report to the Committees on Appropriations of the 

12 House of Representatives and the Senate within 5 cal13 endar days any failures to comply with this requirement. 

14 SEC. 418. None of the funds appropriated or other15 wise made available by this Act may be used to pay award 

16 or incentive fees for contractors whose performance has 

17 been judged to be below satisfactory, behind schedule, over 

18 budget, or has failed to meet the basic requirements of 

19 a contract, unless the Agency determines that any such 

20 deviations are due to unforeseeable events, government21 driven scope changes, or are not significant within the 

22 overall scope of the project and/or program unless such 

23 awards or incentive fees are consistent with 16.401(e)(2) 

24 of the Federal Acquisition Regulations. 


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1 SEC. 419. (a) Section 4117 and subsections (a) and 

2 (b) of section 4195 of title 25, United States Code are 

3 amended by striking ‘‘2013’’ and inserting ‘‘2023’’. 

4 (b) Section 4243 of title 25, United States Code, and 

5 paragraphs (5)(C) and (7) of subsection (j) of section 

6 1715z–13b of title 12, United States Code, are amended 

7 by striking ‘‘, 2002, 2003, 2004, and 2005’’ and inserting 

8 ‘‘through 2023’’. 

9 (c) Section 1715z–13a(i)(5)(C) of title 12, United 

10 State Code, is amended by striking ‘‘2012’’ and inserting 

11 ‘‘2023’’. 


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1 TITLE V 

2 REFORMING DISASTER RECOVERY ACT 

3 SHORT TITLE

4 SEC. 501. This title may be cited as the ‘‘Reforming 

5 Disaster Recovery Act’’. 

6 FINDINGS

7 SEC. 502. Congress finds that— 

8 (1) following a major disaster declared by the 

9 President under section 401 of the Robert T. Staf10 ford Disaster Relief and Emergency Assistance Act 

11 (42 U.S.C. 5170), the subset of communities that 

12 are most impacted and distressed as a result of the 

13 disaster face critical social, economic, and environ14 mental obstacles to recovery, including insufficient 

15 public and private resources to address disaster-re16 lated housing and community development needs for 

17 lower income households and distressed commu18 nities; 

19 (2) unmet disaster recovery needs, including 

20 housing assistance needs, can be especially wide21 spread among persons with extremely low, low, and 

22 moderate incomes; 

23 (3) economic, social, and housing hardships 

24 that affect communities before disasters are exacer25 bated during crises and can delay and complicate 


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1 long-term recovery, especially after catastrophic 

2 major disasters; 

3 (4) States, units of local government, and In4 dian Tribes within the most impacted and distressed 

5 areas resulting from major disasters benefit from 

6 flexibility to design programs that meet local needs, 

7 but face inadequate financial, technical, and staffing 

8 capacity to plan and carry out sustained recovery, 

9 restoration, and mitigation activities; 

10 (5) the speed and effectiveness considerations of 

11 long-term recovery from catastrophic major disasters 

12 is improved by predictable investments that support 

13 disaster relief, long-term recovery, restoration of 

14 housing and infrastructure, and economic revitaliza15 tion, primarily for the benefit of low- and moderate16 income persons; 

17 (6) undertaking activities that mitigate the ef18 fects of future natural disasters and extreme weath19 er and increase the stock of affordable housing, in20 cluding affordable rental housing, as part of long21 term recovery can significantly reduce future fiscal 

22 and social costs, especially within high-risk areas, 

23 and can help to address outstanding housing and 

24 community development needs by creating jobs and 

25 providing other economic and social benefits within 


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1 communities that further promote recovery and resil2 ience; and 

3 (7) the general welfare and security of the na4 tion and the health and living standards of its people 

5 require targeted resources to support State and local 

6 governments in carrying out their responsibilities in 

7 disaster recovery and mitigation through interim and 

8 long-term housing and community development ac9 tivities that primarily benefit persons of low and 

10 moderate income. 

11 DEFINITIONS

12 SEC. 503. In this Act: 

13 (1) DEPARTMENT.—The term ‘‘Department’’ 

14 means the Department of Housing and Urban De15 velopment. 

16 (2) FUND.—The term ‘‘Fund’’ means the 

17 Long-Term Disaster Recovery Fund established 

18 under section 505. 

19 (3) SECRETARY.—The term ‘‘Secretary’’ means 

20 the Secretary of Housing and Urban Development. 

21 DUTIES OF THE DEPARTMENT OF HOUSING AND URBAN

22 DEVELOPMENT

23 SEC. 504. (a) IN GENERAL.—The offices and officers 

24 of the Department shall be responsible for— 


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1 (1) leading and coordinating the disaster-re2 lated responsibilities of the Department under the 

3 National Response Framework, the National Dis4 aster Recovery Framework, and the National Mitiga5 tion Framework; 

6 (2) coordinating and administering programs, 

7 policies, and activities of the Department related to 

8 disaster relief, long-term recovery, resiliency, and 

9 mitigation, including disaster recovery assistance 

10 under title I of the Housing and Community Devel11 opment Act of 1974 (42 U.S.C. 5301 et seq.); 

12 (3) supporting disaster-impacted communities 

13 as those communities specifically assess, plan for, 

14 and address the housing stock and housing needs in 

15 the transition from emergency shelters and interim 

16 housing to permanent housing of those displaced, es17 pecially among vulnerable populations and extremely 

18 low-, low-, and moderate-income households; 

19 (4) collaborating with the Federal Emergency 

20 Management Agency, the Small Business Adminis21 tration, and across the Department to align disaster22 related regulations and policies, including incorpora23 tion of consensus-based codes and standards and in24 surance purchase requirements, and ensuring coordiVerDate Sep 11 2014 23:55 Oct 21, 2021 Jkt 029200 PO 00000 Frm 00242 Fmt 6652 Sfmt 6201 E:\BILLS\S3045.IS S3045

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1 nation and reducing duplication among other Fed2 eral disaster recovery programs; 

3 (5) promoting best practices in mitigation and 

4 land use planning, including consideration of tradi5 tional, natural, and nature-based infrastructure al6 ternatives; 

7 (6) coordinating technical assistance, including 

8 mitigation, resiliency, and recovery training and in9 formation on all relevant legal and regulatory re10 quirements, to entities that receive disaster recovery 

11 assistance under title I of the Housing and Commu12 nity Development Act of 1974 (42 U.S.C. 5301 et 

13 seq.) that demonstrate capacity constraints; and 

14 (7) supporting State, Tribal, and local govern15 ments in developing, coordinating, and maintaining 

16 their capacity for disaster resilience and recovery, 

17 and developing pre-disaster recovery and hazard 

18 mitigation plans, in coordination with the Federal 

19 Emergency Management Agency and other Federal 

20 agencies. 

21 (b) ESTABLISHMENT OF THE OFFICE OF DISASTER

22 MANAGEMENT AND RESILIENCY.—Section 4 of the De23 partment of Housing and Urban Development Act (42 

24 U.S.C. 3533) is amended by adding at the end the fol25 lowing: 


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1 ‘‘(i) OFFICE OF DISASTER MANAGEMENT AND RE2 SILIENCY.— 

3 ‘‘(1) ESTABLISHMENT.—There is established, 

4 in the Office of the Secretary, the Office of Disaster 

5 Management and Resiliency. 

6 ‘‘(2) DUTIES.—The Office of Disaster Manage7 ment and Resiliency shall— 

8 ‘‘(A) be responsible for oversight and co9 ordination of all departmental disaster pre10 paredness and response responsibilities; and 

11 ‘‘(B) coordinate with the Federal Emer12 gency Management Agency, the Small Business 

13 Administration, and the Office of Community 

14 Planning and Development and other offices of 

15 the Department in supporting recovery and re16 silience activities to provide a comprehensive 

17 approach in working with communities.’’. 

18 LONG-TERM DISASTER RECOVERY FUND

19 SEC. 505. (a) ESTABLISHMENT.—There is estab20 lished in the Treasury of the United States an account 

21 to be known as the Long-Term Disaster Recovery Fund. 

22 (b) DEPOSITS, TRANSFERS, AND CREDIT.— 

23 (1) IN GENERAL.—The Fund shall consist of 

24 amounts appropriated, transferred, and credited to 

25 the Fund. 


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1 (2) TRANSFERS.—The following may be trans2 ferred to the Fund: 

3 (A) Amounts made available through sec4 tion 106(c)(4) of the Housing and Community 

5 Development Act of 1974 (42 U.S.C. 

6 5306(c)(4)) as a result of actions taken under 

7 section 104(e), 111, or 123(j) of such Act. 

8 (B) Any unobligated balances available 

9 until expended remaining or subsequently re10 captured from amounts appropriated for any 

11 disaster and related purposes under the heading 

12 ‘‘Community Development Fund’’ in any Act 

13 prior to the establishment of the Fund. 

14 (3) USE OF TRANSFERRED AMOUNTS.— 

15 Amounts transferred to the Fund shall be used for 

16 the eligible uses described in subsection (c). 

17 (c) ELIGIBLE USES OF FUND.— 

18 (1) IN GENERAL.—Amounts in the Fund shall 

19 be available— 

20 (A) to provide assistance in the form of 

21 grants under section 123 of the Housing and 

22 Community Development Act of 1974, as added 

23 by section 506; and 

24 (B) for activities of the Department that 

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1 ing necessary salaries and expenses, informa2 tion technology, capacity building and technical 

3 assistance (including assistance related to pre4 disaster planning), and readiness and other pre5 disaster planning activities that are not readily 

6 attributable to a single major disaster. 

7 (2) SET ASIDE.—Of each amount appropriated 

8 for or transferred to the Fund, 2 percent shall be 

9 made available for activities described in paragraph 

10 (1)(B), which shall be in addition to other amounts 

11 made available for those activities. 

12 (3) TRANSFER OF FUNDS.—Amounts made 

13 available for use in accordance with paragraph (2)— 

14 (A) may be transferred to the account 

15 under the heading for ‘‘Program Offices—Com16 munity Planning and Development’’, or any 

17 successor account, for the Department to carry 

18 out activities described in paragraph (1)(B); 

19 and 

20 (B) may be used for the activities de21 scribed in paragraph (1)(B) and for the admin22 istrative costs of administering any funds ap23 propriated to the Department under the head24 ing ‘‘Community Planning and Development— 

25 Community Development Fund’’ for any major 


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1 disaster declared under section 401 of the Rob2 ert T. Stafford Disaster Relief and Emergency 

3 Assistance Act (42 U.S.C. 5170) in any Act be4 fore the establishment of the Fund. 

5 (d) INTERCHANGEABILITY OF PRIOR ADMINISTRA6 TIVE AMOUNTS.—Any amounts appropriated in any Act 

7 prior to the establishment of the Fund and transferred 

8 to the account under the heading ‘‘Program Offices Sala9 ries and Expenses—Community Planning and Develop10 ment’’, or any predecessor account, for the Department 

11 for the costs of administering funds appropriated to the 

12 Department under the heading ‘‘Community Planning and 

13 Development—Community Development Fund’’ for any 

14 major disaster declared under section 401 of the Robert 

15 T. Stafford Disaster Relief and Emergency Assistance Act 

16 (42 U.S.C. 5170) shall be available for the costs of admin17 istering any such funds provided by any prior or future 

18 Act, notwithstanding the purposes for which those 

19 amounts were appropriated and in addition to any amount 

20 provided for the same purposes in other appropriations 

21 Acts. 

22 (e) AVAILABILITY OF AMOUNTS.—Amounts appro23 priated, transferred and credited to the Fund shall remain 

24 available until expended. 


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1 (f) FORMULA ALLOCATION.—Use of amounts in the 

2 Fund for grants shall be made by formula allocation in 

3 accordance with the requirements of section 123(a) of the 

4 Housing and Community Development Act of 1974, as 

5 added by section 506. 

6 (g) AUTHORIZATION OF APPROPRIATIONS.—There 

7 are authorized to be appropriated to the Fund such sums 

8 as may be necessary to respond to current or future major 

9 disasters declared under section 401 of the Robert T. 

10 Stafford Disaster Relief and Emergency Assistance Act 

11 (42 U.S.C. 5179) for grants under section 123 of the 

12 Housing and Community Development Act of 1974, as 

13 added by section 506. 

14 ESTABLISHMENT OF CDBG DISASTER RECOVERY

15 PROGRAM

16 SEC. 506. Title I of the Housing and Community De17 velopment Act of 1974 (42 U.S.C. 5301 et seq.) is amend18 ed— 

19 (1) in section 102(a) (42 U.S.C. 5302(a))— 

20 (A) in paragraph (20)— 

21 (i) by redesignating subparagraph (B) 

22 as subparagraph (C); 

23 (ii) in subparagraph (C), as so redes24 ignated, by inserting ‘‘or (B)’’ after ‘‘sub25 paragraph (A)’’; and 


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1 (iii) by inserting after subparagraph 

2 (A) the following: 

3 ‘‘(B) The term ‘persons of extremely low 

4 income’ means families and individuals whose 

5 income levels do not exceed household income 

6 levels determined by the Secretary under sec7 tion 3(b)(2) of the United States Housing Act 

8 of 1937 (42 U.S.C. 1437a(b)(2)(C)), except 

9 that the Secretary may provide alternative defi10 nitions for the Commonwealth of Puerto Rico, 

11 Guam, the Commonwealth of the Northern 

12 Mariana Islands, the United States Virgin Is13 lands, and American Samoa.’’; and 

14 (B) by adding at the end the following: 

15 ‘‘(25) The term ‘major disaster’ has the mean16 ing given the term in section 102 of the Robert T. 

17 Stafford Disaster Relief and Emergency Assistance 

18 Act (42 U.S.C. 5122).’’; 

19 (2) in section 106(c)(4) (42 U.S.C. 

20 5306(c)(4))— 

21 (A) in subparagraph (A)— 

22 (i) by striking ‘‘declared by the Presi23 dent under the Robert T. Stafford Disaster 

24 Relief and Emergency Assistance Act (42 

25 U.S.C. 5121 et seq.)’’; 


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1 (ii) inserting ‘‘States for use in non2 entitlement areas and to’’ before ‘‘metro3 politan cities’’; and 

4 (iii) inserting ‘‘major’’ after ‘‘affected 

5 by the’’; 

6 (B) in subparagraph (C)— 

7 (i) by striking ‘‘metropolitan city or’’ 

8 and inserting ‘‘State, metropolitan city, 

9 or’’; 

10 (ii) by striking ‘‘city or county’’ and 

11 inserting ‘‘State, city, or county’’; and 

12 (iii) by inserting ‘‘major’’ before ‘‘dis13 aster’’; 

14 (C) in subparagraph (D), by striking ‘‘met15 ropolitan cities and’’ and inserting ‘‘States, 

16 metropolitan cities, and’’; 

17 (D) in subparagraph (F)— 

18 (i) by striking ‘‘metropolitan city or’’ 

19 and inserting ‘‘State, metropolitan city, 

20 or’’; and 

21 (ii) by inserting ‘‘major’’ before ‘‘dis22 aster’’; and 

23 (E) in subparagraph (G), by striking ‘‘met24 ropolitan city or’’ and inserting ‘‘State, metro25 politan city, or’’; and 


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1 (3) in section 122 (42 U.S.C. 5321), by striking 

2 ‘‘disaster under title IV of the Robert T. Stafford 

3 Disaster Relief and Emergency Assistance Act (42 

4 U.S.C. 5170 et seq.)’’ and inserting ‘‘major dis5 aster’’; and 

6 (4) by adding at the end the following: 

7 ‘‘SEC. 123. COMMUNITY DEVELOPMENT BLOCK GRANT DIS8 ASTER RECOVERY PROGRAM. 

9 ‘‘(a) AUTHORIZATION, FORMULA, AND ALLOCA10 TION.— 

11 ‘‘(1) AUTHORIZATION.—The Secretary is au12 thorized to make community development block 

13 grant disaster recovery grants from the Long-Term 

14 Disaster Recovery Fund established under section 

15 505 of the Reforming Disaster Recovery Act (herein16 after referred to as the ‘Fund’) for necessary ex17 penses for activities authorized under subsection 

18 (f)(1) related to disaster relief, long-term recovery, 

19 restoration of housing and infrastructure, economic 

20 revitalization, and mitigation in the most impacted 

21 and distressed areas resulting from a catastrophic 

22 major disaster. 

23 ‘‘(2) GRANT AWARDS.—Grants shall be awarded 

24 under this section to States, units of general local 

25 government, and Indian tribes based on capacity and 


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1 the concentration of damage, as determined by the 

2 Secretary, to support the efficient and effective ad3 ministration of funds. 

4 ‘‘(3) SECTION 106 ALLOCATIONS.—Grants 

5 under this section shall not be considered relevant to 

6 the formula allocations made pursuant to section 

7 106. 

8 ‘‘(4) FEDERAL REGISTER NOTICE.— 

9 ‘‘(A) IN GENERAL.—Not later than 30 

10 days after the date of enactment of this section, 

11 the Secretary shall issue a notice in the Federal 

12 Register containing the latest formula allocation 

13 methodologies used to determine the total esti14 mate of unmet needs related to housing, eco15 nomic revitalization, and infrastructure in the 

16 most impacted and distressed areas resulting 

17 from a catastrophic major disaster. 

18 ‘‘(B) PUBLIC COMMENT.—In the notice 

19 issued under subparagraph (A), the Secretary 

20 shall solicit public comments on— 

21 ‘‘(i) the methodologies described in 

22 subparagraph (A) and seek alternative 

23 methods for formula allocation within a 

24 similar total amount of funding; 


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1 ‘‘(ii) the impact of formula methodolo2 gies on rural areas and Tribal areas; 

3 ‘‘(iii) adjustments to improve tar4 geting to the most serious needs; 

5 ‘‘(iv) objective criteria for grantee ca6 pacity and concentration of damage to in7 form grantee determinations and minimum 

8 allocation thresholds; and 

9 ‘‘(v) research and data to inform an 

10 additional amount to be provided for miti11 gation depending on type of disaster, which 

12 shall be no more than 30 percent of the 

13 total estimate of unmet needs. 

14 ‘‘(5) REGULATIONS.— 

15 ‘‘(A) IN GENERAL.—The Secretary shall, 

16 by regulation, establish a formula to allocate as17 sistance from the Fund to the most impacted 

18 and distressed areas resulting from a cata19 strophic major disaster. 

20 ‘‘(B) FORMULA REQUIREMENTS.—The for21 mula established under subparagraph (A) 

22 shall— 

23 ‘‘(i) set forth criteria to determine 

24 that a major disaster is catastrophic, which 

25 criteria shall consider the presence of a 


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1 high concentration of damaged housing or 

2 businesses that individual, State, Tribal, 

3 and local resources could not reasonably be 

4 expected to address without additional 

5 Federal assistance, or other nationally en6 compassing data that the Secretary deter7 mines are adequate to assess relative im8 pact and distress across geographic areas. 

9 ‘‘(ii) include a methodology for identi10 fying most impacted and distressed areas, 

11 which shall consider unmet serious needs 

12 related to housing, economic revitalization, 

13 and infrastructure; 

14 ‘‘(iii) include an allocation calculation 

15 that considers the unmet serious needs re16 sulting from the catastrophic major dis17 aster and an additional amount up to 30 

18 percent for activities to reduce risks of loss 

19 resulting from other natural disasters in 

20 the most impacted and distressed area, pri21 marily for the benefit of low- and mod22 erate-income persons, with particular focus 

23 on activities that reduce repetitive loss of 

24 property and critical infrastructure; and 


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1 ‘‘(iv) establish objective criteria for 

2 periodic review and updates to the formula 

3 to reflect changes in available science and 

4 data. 

5 ‘‘(C) MINIMUM ALLOCATION THRESH6 OLD.—The Secretary shall, by regulation, es7 tablish a minimum allocation threshold. 

8 ‘‘(D) INTERIM ALLOCATION.—Until such 

9 time that the Secretary issues final regulations 

10 under this paragraph, the Secretary shall— 

11 ‘‘(i) allocate assistance from the Fund 

12 using the formula allocation methodology 

13 published in accordance with paragraph 

14 (4); and 

15 ‘‘(ii) include an additional amount for 

16 mitigation equal to 15 percent of the total 

17 estimate of unmet need. 

18 ‘‘(6) ALLOCATION OF FUNDS.— 

19 ‘‘(A) IN GENERAL.—The Secretary shall— 

20 ‘‘(i) except as provided in clause (ii), 

21 not later than 90 days after the President 

22 declares a major disaster, use best avail23 able data to determine whether the major 

24 disaster is catastrophic and qualifies for 

25 assistance under the formula in paragraph 


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1 (4) or (5), unless data is insufficient to 

2 make this determination; and 

3 ‘‘(ii) if the best available data is insuf4 ficient to make the determination required 

5 under clause (i) within the 90-day period 

6 described in that clause, the Secretary 

7 shall determine whether the major disaster 

8 qualifies when sufficient data becomes 

9 available, but in no case shall the Sec10 retary make the determination later than 

11 120 days after the declaration of the major 

12 disaster. 

13 ‘‘(B) ANNOUNCEMENT OF ALLOCATION.— 

14 If amounts are available in the Fund at the 

15 time the Secretary determines that the major 

16 disaster is catastrophic and qualifies for assist17 ance under the formula in paragraph (4) or (5), 

18 the Secretary shall immediately announce an al19 location for a grant under this section. 

20 ‘‘(C) ADDITIONAL AMOUNTS.—If addi21 tional amounts are appropriated to the Fund 

22 after amounts are allocated under subpara23 graph (B), the Secretary shall announce an al24 location or additional allocation (if a prior allo25 cation under subparagraph (B) was less than 


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1 the formula calculation) within 15 days of any 

2 such appropriation. 

3 ‘‘(7) PRELIMINARY FUNDING.— 

4 ‘‘(A) IN GENERAL.—To speed recovery, the 

5 Secretary is authorized to allocate and award 

6 preliminary grants from the Fund before mak7 ing a determination under paragraph (6) if the 

8 Secretary projects, based on a preliminary as9 sessment of impact and distress, that a major 

10 disaster is catastrophic and would likely qualify 

11 for funding under the formula in paragraph (4) 

12 or (5). 

13 ‘‘(B) AMOUNT.— 

14 ‘‘(i) MAXIMUM.—The Secretary may 

15 award preliminary funding under subpara16 graph (A) in an amount that is not more 

17 than $5,000,000. 

18 ‘‘(ii) SLIDING SCALE.—The Secretary 

19 shall, by regulation, establish a sliding 

20 scale for preliminary funding awarded 

21 under subparagraph (A) based on the size 

22 of the preliminary assessment of impact 

23 and distress. 


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1 ‘‘(C) USE OF FUNDS.—The uses of pre2 liminary funding awarded under subparagraph 

3 (A) shall be limited to eligible activities that— 

4 ‘‘(i) in the determination of the Sec5 retary, will support faster recovery, im6 prove the ability of the grantee to assess 

7 unmet recovery needs, plan for the preven8 tion of improper payments, and reduce 

9 fraud, waste, and abuse; and 

10 ‘‘(ii) may include evaluating the in11 terim housing, permanent housing, and 

12 supportive service needs of the disaster im13 pacted community, with special attention 

14 to vulnerable populations, such as homeless 

15 and low- to moderate-income households, 

16 to inform the grantee action plan required 

17 under subsection (c). 

18 ‘‘(D) CONSIDERATION OF FUNDING.—Pre19 liminary funding awarded under subparagraph 

20 (A)— 

21 ‘‘(i) is not subject to the certification 

22 requirements of paragraph (h)(1); and 

23 ‘‘(ii) shall not be considered when cal24 culating the amount of the grant used for 

25 administrative costs, technical assistance, 


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1 and planning activities that are subject to 

2 the requirements under subsection (f)(2). 

3 ‘‘(E) WAIVER.—To expedite the use of 

4 preliminary funding for activities described in 

5 this paragraph, the Secretary may waive re6 quirements of this section in accordance with 

7 subsection (i). 

8 ‘‘(F) AMENDED AWARD.— 

9 ‘‘(i) IN GENERAL.—An award for pre10 liminary funding under subparagraph (A) 

11 may be amended to add any subsequent 

12 amount awarded because of a determina13 tion by the Secretary that a major disaster 

14 is catastrophic and qualifies for assistance 

15 under the formula. 

16 ‘‘(ii) APPLICABILITY.—Notwith17 standing subparagraph (D), amounts pro18 vided by an amendment under clause (i) 

19 are subject to the requirements under sub20 sections (h)(1) and (f)(1) and other re21 quirements on grant funds under this sec22 tion. 

23 ‘‘(G) TECHNICAL ASSISTANCE.—Concur24 rent with the allocation of any preliminary 

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1 retary shall assign or provide technical assist2 ance to the recipient of the grant. 

3 ‘‘(b) INTERCHANGEABILITY.—The Secretary— 

4 ‘‘(1) is authorized to approve the use of grants 

5 under this section to be used interchangeably and 

6 without limitation for the same activities in the most 

7 impacted and distressed areas resulting from a dec8 laration of another catastrophic major disaster that 

9 qualifies for assistance under the formula estab10 lished under paragraph (4) or (5) of subsection (a); 

11 and 

12 ‘‘(2) shall establish requirements to expedite the 

13 use of grants under this section for the purpose de14 scribed in paragraph (1). 

15 ‘‘(c) GRANTEE PLANS.— 

16 ‘‘(1) REQUIREMENT.—Not later than 90 days 

17 after the date on which the Secretary announces a 

18 grant allocation under this section, unless an exten19 sion is granted by the Secretary, the grantee shall 

20 submit to the Secretary a plan for approval describ21 ing— 

22 ‘‘(A) the activities the grantee will carry 

23 out with the grant under this section; 

24 ‘‘(B) the criteria of the grantee for award25 ing assistance and selecting activities; 


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1 ‘‘(C) how the use of the grant under this 

2 section will address disaster relief, long-term re3 covery, restoration of housing and infrastruc4 ture, economic revitalization, and mitigation in 

5 the most impacted and distressed areas 

6 ‘‘(D) how the use of the grant funds for 

7 mitigation is consistent with hazard mitigation 

8 plans submitted to the Federal Emergency 

9 Management Agency under section 322 of the 

10 Robert T. Stafford Disaster Relief and Emer11 gency Assistance Act (42 U.S.C. 5165); 

12 ‘‘(E) the estimated amount proposed to be 

13 used for activities that will benefit persons of 

14 low- and moderate-income; 

15 ‘‘(F) how the use of grant funds will repair 

16 and replace existing housing stock for vulner17 able populations, including low- to moderate-in18 come households; 

19 ‘‘(G) how the grantee will address the pri20 orities described in paragraph (5); 

21 ‘‘(H) how uses of funds are proportional to 

22 unmet needs, as required under paragraph (5); 

23 ‘‘(I) for State grantees that plan to dis24 tribute grant amounts to units of general local 


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1 government, a description of the method of dis2 tribution; and 

3 ‘‘(J) such other information as may be de4 termined by the Secretary in regulation. 

5 ‘‘(2) PUBLIC CONSULTATION.—To permit pub6 lic examination and appraisal of the plan described 

7 in paragraph (1), to enhance the public account8 ability of grantees, and to facilitate coordination of 

9 activities with different levels of government, when 

10 developing the plan or substantial amendments pro11 posed to the plan required under paragraph (1), a 

12 grantee shall— 

13 ‘‘(A) publish the plan before adoption; 

14 ‘‘(B) provide citizens, affected units of 

15 general local government, and other interested 

16 parties with reasonable notice of, and oppor17 tunity to comment on, the plan, with a public 

18 comment period of not less than 14 days; 

19 ‘‘(C) consider comments received before 

20 submission to the Secretary; 

21 ‘‘(D) follow a citizen participation plan for 

22 disaster assistance adopted by the grantee that, 

23 at a minimum, provides for participation of 

24 residents of the most impacted and distressed 

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1 sulted in the grant under this section and other 

2 considerations established by the Secretary; and 

3 ‘‘(E) undertake any consultation with in4 terested parties as may be determined by the 

5 Secretary in regulation. 

6 ‘‘(3) APPROVAL.—The Secretary shall— 

7 ‘‘(A) by regulation, specify criteria for the 

8 approval, partial approval, or disapproval of a 

9 plan submitted under paragraph (1), including 

10 approval of substantial amendments to the 

11 plan; 

12 ‘‘(B) review a plan submitted under para13 graph (1) upon receipt of the plan; 

14 ‘‘(C) allow a grantee to revise and resub15 mit a plan or substantial amendment to a plan 

16 under paragraph (1) that the Secretary dis17 approves; 

18 ‘‘(D) by regulation, specify criteria for 

19 when the grantee shall be required to provide 

20 the required revisions to a disapproved plan or 

21 substantial amendment under paragraph (1) for 

22 public comment prior to resubmission of the 

23 plan or substantial amendment to the Sec24 retary; and 


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1 ‘‘(E) approve, partially approve, or dis2 approve a plan or substantial amendment under 

3 paragraph (1) not later than 60 days after the 

4 date on which the plan or substantial amend5 ment is received by the Secretary. 

6 ‘‘(4) LOW- AND MODERATE-INCOME OVERALL

7 BENEFIT.— 

8 ‘‘(A) USE OF FUNDS.—Not less than 70 

9 percent of a grant made under this section shall 

10 be used for activities that benefit persons of low 

11 and moderate income unless the Secretary— 

12 ‘‘(i) specifically finds that— 

13 ‘‘(I) there is compelling need to 

14 reduce the percentage for the grant; 

15 and 

16 ‘‘(II) the housing needs of low17 and moderate-income residents have 

18 been addressed; and 

19 ‘‘(ii) issues a waiver and alternative 

20 requirements pursuant to subsection (i) to 

21 lower the percentage. 

22 ‘‘(B) REGULATIONS.—The Secretary shall, 

23 by regulation, establish protocols consistent 

24 with the findings of section 502 of the Reform25 ing Disaster Recovery Act to prioritize the use 


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1 of funds by a grantee under this section to meet 

2 the needs of low- and moderate-income persons 

3 and businesses serving primarily persons of low 

4 and moderate income. 

5 ‘‘(5) PRIORITIZATION.—The grantee shall 

6 prioritize activities that— 

7 ‘‘(A) assist persons with extremely low, 

8 low, and moderate incomes and other vulnerable 

9 populations to better recover from and with10 stand future disasters, emphasizing those with 

11 the most severe needs; 

12 ‘‘(B) address affordable housing, including 

13 affordable rental housing, needs arising from a 

14 disaster or those needs present prior to a dis15 aster; 

16 ‘‘(C) prolong the life of housing and infra17 structure; 

18 ‘‘(D) use cost-effective means of preventing 

19 harm to people and property and incorporate 

20 protective features, redundancies, energy sav21 ings; and 

22 ‘‘(E) other measures that will assure the 

23 continuation of critical services during future 

24 disasters. 

25 ‘‘(6) PROPORTIONAL ALLOCATION.— 


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1 ‘‘(A) IN GENERAL.—A grantee under this 

2 section shall allocate grant funds proportional 

3 to unmet needs between housing activities, eco4 nomic revitalization, and infrastructure, unless 

5 the Secretary— 

6 ‘‘(i) specifically finds that— 

7 ‘‘(I) there is a compelling need 

8 for a disproportional allocation among 

9 those unmet needs; and 

10 ‘‘(II) the disproportional alloca11 tion described in subclause (I) is not 

12 inconsistent with the requirements 

13 under paragraph (4); and 

14 ‘‘(ii) issues a waiver and alternative 

15 requirement pursuant to subsection (i) to 

16 allow for the disproportional allocation de17 scribed in clause (i)(I). 

18 ‘‘(B) HOUSING ACTIVITIES.—With respect 

19 to housing activities described in subparagraph 

20 (A)(i), grantees should address proportional 

21 needs between homeowners and renters, includ22 ing low-income households in public housing 

23 and federally subsidized housing. 

24 ‘‘(7) DISASTER RISK MITIGATION.— 


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1 ‘‘(A) DEFINITION.—In this paragraph, the 

2 term ‘hazard-prone areas’— 

3 ‘‘(i) means areas identified by the 

4 Secretary, in consultation with the Admin5 istrator of the Federal Emergency Man6 agement Agency, at risk from natural haz7 ards that threaten property damage or 

8 health, safety, and welfare, such as floods, 

9 wildfires (including Wildland-Urban Inter10 face areas), earthquakes, lava inundation, 

11 tornados, and high winds; and 

12 ‘‘(ii) includes areas having special 

13 flood hazards as identified under the Flood 

14 Disaster Protection Act of 1973 (42 

15 U.S.C. 4002 et seq.) or the National Flood 

16 Insurance Act of 1968 (42 U.S.C. 4001 et 

17 seq.). 

18 ‘‘(B) HAZARD-PRONE AREAS.—The Sec19 retary, in consultation with the Administrator 

20 of the Federal Emergency Management Agency, 

21 shall establish minimum construction standards, 

22 insurance purchase requirements, and other re23 quirements for the use of grant funds in haz24 ard-prone areas. 


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1 ‘‘(C) SPECIAL FLOOD HAZARDS.—For the 

2 areas described in subparagraph (A)(ii), the in3 surance purchase requirements established 

4 under subparagraph (B) shall meet or exceed 

5 the requirements under section 102(a) of the 

6 Flood Disaster Protection Act of 1973(42 

7 U.S.C. 4012a(a)). 

8 ‘‘(D) CONSIDERATION OF FUTURE

9 RISKS.—The Secretary may consider future 

10 risks to protecting property and health, safety, 

11 and general welfare, and the likelihood of those 

12 risks, when making the determination of or 

13 modification to hazard-prone areas under this 

14 paragraph. 

15 ‘‘(8) RELOCATION.— 

16 ‘‘(A) IN GENERAL.—The Uniform Reloca17 tion Assistance and Real Property Acquisition 

18 Policies Act of 1970 (42 U.S.C. 4601 et seq.) 

19 shall apply to activities assisted under this sec20 tion to the extent determined by the Secretary 

21 in regulation, or as provided in waivers and al22 ternative requirements authorized in accordance 

23 with subsection (i). 


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1 ‘‘(B) POLICY.—Each grantee under this 

2 section shall establish a relocation assistance 

3 policy that— 

4 ‘‘(i) minimizes displacement and de5 scribes the benefits available to persons 

6 displaced as a direct result of acquisition, 

7 rehabilitation, or demolition in connection 

8 with an activity that is assisted by a grant 

9 under this section; and 

10 ‘‘(ii) includes any appeal rights or 

11 other requirements that the Secretary es12 tablishes by regulation. 

13 ‘‘(d) CERTIFICATIONS.—Any grant under this section 

14 shall be made only if the grantee certifies to the satisfac15 tion of the Secretary that— 

16 ‘‘(1) the grantee is in full compliance with the 

17 requirements under subsection (c)(2); 

18 ‘‘(2) for grants other than grants to Indian 

19 tribes, the grant will be conducted and administered 

20 in conformity with the Civil Rights Act of 1964 (42 

21 U.S.C. 2000a et seq.) and the Fair Housing Act (42 

22 U.S.C. 3601 et seq.); 

23 ‘‘(3) the projected use of funds has been devel24 oped so as to give maximum feasible priority to ac25 tivities that will benefit extremely low-, low-, and 


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1 moderate-income families and activities described in 

2 subsection (c)(5), and may also include activities 

3 that are designed to aid in the prevention or elimi4 nation of slum and blight to support disaster recov5 ery, meet other community development needs hav6 ing a particular urgency because existing conditions 

7 pose a serious and immediate threat to the health or 

8 welfare of the community where other financial re9 sources are not available to meet such needs, and al10 leviate future threats to human populations, critical 

11 natural resources, and property that an analysis of 

12 hazards shows are likely to result from natural dis13 asters in the future; 

14 ‘‘(4) the grant funds shall principally benefit 

15 persons of low and moderate income as described in 

16 subsection (c)(4); 

17 ‘‘(5) for grants other than grants to Indian 

18 tribes, within 24 months of receiving a grant or at 

19 the time of its 3 or 5-year update, whichever is soon20 er, the grantee will review and make modifications to 

21 its non-disaster housing and community development 

22 plans and strategies required by subsections (c) and 

23 (m) of section 104 to reflect the disaster recovery 

24 needs identified by the grantee and consistency with 

25 the plan under subsection (c)(1); 


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1 ‘‘(6) the grantee will not attempt to recover any 

2 capital costs of public improvements assisted in 

3 whole or part under this section by assessing any 

4 amount against properties owned and occupied by 

5 persons of low and moderate income, including any 

6 fee charged or assessment made as a condition of 

7 obtaining access to such public improvements, un8 less— 

9 ‘‘(A) funds received under this section are 

10 used to pay the proportion of such fee or as11 sessment that relates to the capital costs of 

12 such public improvements that are financed 

13 from revenue sources other than under this 

14 chapter; or 

15 ‘‘(B) for purposes of assessing any amount 

16 against properties owned and occupied by per17 sons of moderate income, the grantee certifies 

18 to the Secretary that the grantee lacks suffi19 cient funds received under this section to com20 ply with the requirements of subparagraph (A); 

21 ‘‘(7) the grantee will comply with the other pro22 visions of this title that apply to assistance under 

23 this section and with other applicable laws; 


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1 ‘‘(8) the grantee will follow a relocation assist2 ance policy that includes any minimum requirements 

3 identified by the Secretary; and 

4 ‘‘(9) the grantee will adhere to construction 

5 standards, insurance purchase requirements, and 

6 other requirements for development in hazard-prone 

7 areas described in subsection (c)(7). 

8 ‘‘(e) PERFORMANCE REVIEWS AND REPORTING.— 

9 ‘‘(1) IN GENERAL.—The Secretary shall, on not 

10 less frequently than an annual basis, make such re11 views and audits as may be necessary or appropriate 

12 to determine whether a grantee under this section 

13 has— 

14 ‘‘(A) carried out activities using grant 

15 funds in a timely manner; 

16 ‘‘(B) met the performance targets estab17 lished by paragraph (2); 

18 ‘‘(C) carried out activities using grant 

19 funds in accordance with the requirements of 

20 this section, the other provisions of this title 

21 that apply to assistance under this section, and 

22 other applicable laws; and 

23 ‘‘(D) a continuing capacity to carry out ac24 tivities in a timely manner. 


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1 ‘‘(2) PERFORMANCE TARGETS.—The Secretary 

2 shall develop and make publicly available critical 

3 performance targets for review, which shall include 

4 spending thresholds for each year from the date on 

5 which funds are obligated by the Secretary to the 

6 grantee until such time all funds have been ex7 pended. 

8 ‘‘(3) FAILURE TO MEET TARGETS.— 

9 ‘‘(A) SUSPENSION.—If a grantee under 

10 this section fails to meet 1 or more critical per11 formance targets under paragraph (2), the Sec12 retary may temporarily suspend the grant. 

13 ‘‘(B) PERFORMANCE IMPROVEMENT

14 PLAN.—If the Secretary suspends a grant 

15 under subparagraph (A), the Secretary shall 

16 provide to the grantee a performance improve17 ment plan with the specific requirements needed 

18 to lift the suspension within a defined time pe19 riod. 

20 ‘‘(C) REPORT.—If a grantee fails to meet 

21 the spending thresholds established under para22 graph (2), the grantee shall submit to the Sec23 retary, the appropriate committees of Congress, 

24 and each member of Congress who represents a 

25 district or State of the grantee a written report 


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1 identifying technical capacity, funding, or other 

2 Federal or State impediments affecting the abil3 ity of the grantee to meet the spending thresh4 olds. 

5 ‘‘(4) COLLECTION OF INFORMATION AND RE6 PORTING.— 

7 ‘‘(A) REQUIREMENT TO REPORT.—A 

8 grantee under this section shall provide to the 

9 Secretary such information as the Secretary 

10 may determine necessary for adequate oversight 

11 of the grant program under this section. 

12 ‘‘(B) PUBLIC AVAILABILITY.—Subject to 

13 subparagraph (D), the Secretary shall make in14 formation submitted under subparagraph (A) 

15 available to the public and to the Inspector 

16 General for the Department of Housing and 

17 Urban Development, disaggregated by income, 

18 geography, and all classes of individuals pro19 tected under section 109. 

20 ‘‘(C) SUMMARY STATUS REPORTS.—To in21 crease transparency and accountability of the 

22 grant program under this section the Secretary 

23 shall, on not less frequently than an annual 

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1 mary status reports for all active grants under 

2 this section that includes— 

3 ‘‘(i) the status of funds by activity; 

4 ‘‘(ii) the percentages of funds allo5 cated and expended to benefit low- and 

6 moderate-income communities; 

7 ‘‘(iii) performance targets, spending 

8 thresholds, and accomplishments; and 

9 ‘‘(iv) other information the Secretary 

10 determines to be relevant for transparency. 

11 ‘‘(D) CONSIDERATIONS.—In carrying out 

12 this paragraph, the Secretary— 

13 ‘‘(i) shall take such actions as may be 

14 necessary to ensure that personally identi15 fiable information regarding applicants for 

16 assistance provided from funds made avail17 able under this section is not made publicly 

18 available; and 

19 ‘‘(ii) may make full and unredacted 

20 information available to academic institu21 tions for the purpose of researching into 

22 the equitable distribution of recovery funds 

23 and adherence to civil rights protections. 

24 ‘‘(f) ELIGIBLE ACTIVITIES.— 


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1 ‘‘(1) IN GENERAL.—Activities assisted under 

2 this section— 

3 ‘‘(A) may include activities permitted 

4 under section 105 or other activities permitted 

5 by the Secretary by waiver or alternative re6 quirement pursuant to subsection (i); and 

7 ‘‘(B) shall be related to disaster relief, 

8 long-term recovery, restoration of housing and 

9 infrastructure, economic revitalization, and 

10 mitigation in the most impacted and distressed 

11 areas resulting from the major disaster for 

12 which the grant was awarded. 

13 ‘‘(2) PROHIBITION.—Grant funds under this 

14 section may not be used for costs reimbursable by, 

15 or for which funds have been made available by, the 

16 Federal Emergency Management Agency or the 

17 United States Army Corps of Engineers. 

18 ‘‘(3) ADMINISTRATIVE COSTS, TECHNICAL AS19 SISTANCE AND PLANNING.— 

20 ‘‘(A) IN GENERAL.—The Secretary shall 

21 establish in regulation the maximum grant 

22 amounts a grantee may use for administrative 

23 costs, technical assistance and planning activi24 ties, taking into consideration size of grant, 

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1 termined by the Secretary, but not to exceed 10 

2 percent for administration and 20 percent in 

3 total. 

4 ‘‘(B) AVAILABILITY.—Amounts available 

5 for administrative costs for a grant under this 

6 section shall be available for eligible administra7 tive costs of the grantee for any grant made 

8 under this section, without regard to a par9 ticular disaster. 

10 ‘‘(4) PROGRAM INCOME.—Notwithstanding any 

11 other provision of law, any grantee under this sec12 tion may retain program income that is realized 

13 from grants made by the Secretary under this sec14 tion if the grantee agrees that the grantee will uti15 lize the program income in accordance with the re16 quirements for grants under this section, except that 

17 the Secretary may— 

18 ‘‘(A) by regulation, exclude from consider19 ation as program income any amounts deter20 mined to be so small that compliance with this 

21 paragraph creates an unreasonable administra22 tive burden on the grantee; or 

23 ‘‘(B) permit the grantee to transfer re24 maining program income to the other grants of 


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1 the grantee under this title upon closeout of the 

2 grant. 

3 ‘‘(5) PROHIBITION ON USE OF ASSISTANCE FOR

4 EMPLOYMENT RELOCATION ACTIVITIES.— 

5 ‘‘(A) IN GENERAL.—Grants under this sec6 tion may not be used to assist directly in the 

7 relocation of any industrial or commercial plant, 

8 facility, or operation, from one area to another 

9 area, if the relocation is likely to result in a sig10 nificant loss of employment in the labor market 

11 area from which the relocation occurs. 

12 ‘‘(B) APPLICABILITY.—The prohibition 

13 under subparagraph (A) shall not apply to a 

14 business that was operating in the disaster-de15 clared labor market area before the incident 

16 date of the applicable disaster and has since 

17 moved, in whole or in part, from the affected 

18 area to another State or to a labor market area 

19 within the same State to continue business. 

20 ‘‘(6) REQUIREMENTS.—Grants under this sec21 tion are subject to the requirements of this section, 

22 the other provisions of this title that apply to assist23 ance under this section, and other applicable laws, 

24 unless modified by waivers and alternative require25 ments in accordance with subsection (i). 


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1 ‘‘(g) ENVIRONMENTAL REVIEW.— 

2 ‘‘(1) ADOPTION.—A recipient of funds provided 

3 under this section that uses the funds to supplement 

4 Federal assistance provided under section 402, 403, 

5 404, 406, 407, 408(c)(4), 428, or 502 of the Robert 

6 T. Stafford Disaster Relief and Emergency Assist7 ance Act (42 U.S.C. 5170a, 5170b, 5170c, 5172, 

8 5173, 5174(c)(4), 5189f, 5192) may adopt, without 

9 review or public comment, any environmental review, 

10 approval, or permit performed by a Federal agency, 

11 and that adoption shall satisfy the responsibilities of 

12 the recipient with respect to the environmental re13 view, approval, or permit under section 104(g)(1). 

14 ‘‘(2) APPROVAL OF RELEASE OF FUNDS.—Not15 withstanding section 104(g)(2), the Secretary or a 

16 State may, upon receipt of a request for release of 

17 funds and certification, immediately approve the re18 lease of funds for an activity or project to be as19 sisted under this section if the recipient has adopted 

20 an environmental review, approval, or permit under 

21 paragraph (1) or the activity or project is categori22 cally excluded from review under the National Envi23 ronmental Policy Act of 1969 (42 U.S.C. 4321 et 

24 seq.). 


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1 ‘‘(3) UNITS OF GENERAL LOCAL GOVERN2 MENT.—The provisions of section 104(g)(4) shall 

3 apply to assistance under this section that a State 

4 distributes to a unit of general local government. 

5 ‘‘(h) FINANCIAL CONTROLS AND PROCEDURES.— 

6 ‘‘(1) IN GENERAL.—The Secretary shall develop 

7 requirements and procedures to demonstrate that a 

8 grantee under this section— 

9 ‘‘(A) has adequate financial controls and 

10 procurement processes; 

11 ‘‘(B) has adequate procedures to detect 

12 and prevent fraud, waste, abuse and duplication 

13 of benefit; and 

14 ‘‘(C) maintains a comprehensive and pub15 licly accessible website. 

16 ‘‘(2) CERTIFICATION.—Before making a grant 

17 under this section, the Secretary shall certify that 

18 the grantee has in place proficient processes and 

19 procedures to comply with the requirements devel20 oped under paragraph (1), as determined by the 

21 Secretary. 

22 ‘‘(3) COMPLIANCE BEFORE ALLOCATION.—The 

23 Secretary may permit a State, unit of general local 

24 government, or Indian tribe to demonstrate compli25 ance with the requirements for adequate financial 


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1 controls developed under paragraph (1) before a dis2 aster occurs and before receiving an allocation for a 

3 grant under this section. 

4 ‘‘(4) DUPLICATION OF BENEFITS.— 

5 ‘‘(A) IN GENERAL.—Funds made available 

6 under this subsection shall be used in accord7 ance with section 312 of the Robert T. Stafford 

8 Disaster Relief and Emergency Assistance Act 

9 (42 U.S.C. 5155), as amended by section 1210 

10 of the Disaster Recovery Reform Act of 2018 

11 (division D of Public Law 115–254), and such 

12 rules as may be prescribed under such section 

13 312. 

14 ‘‘(B) PENALTIES.—In any case in which 

15 the use of grant funds under this section results 

16 in a prohibited duplication of benefits, the 

17 grantee shall— 

18 ‘‘(i) apply an amount equal to the 

19 identified duplication to any allowable costs 

20 of the award consistent with actual, imme21 diate cash requirement; 

22 ‘‘(ii) remit any excess amounts to the 

23 Secretary to be credited to the obligated, 

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1 sistent with requirements on Federal pay2 ments applicable to such grantee; and 

3 ‘‘(iii) if excess amounts under clause 

4 (ii) are identified after the period of per5 formance or after the closeout of the 

6 award, remit such amounts to the Sec7 retary to be credited to the Fund. 

8 ‘‘(C) FAILURE TO COMPLY.—A grantee 

9 that fails to comply with subparagraph (A) 

10 shall be subject to remedies for noncompliance 

11 under section 111, unless the Secretary pub12 lishes a determination in the Federal Register 

13 that it is not in the best interest of the Federal 

14 Government to pursue remedial actions. 

15 ‘‘(i) WAIVERS.— 

16 ‘‘(1) IN GENERAL.—In administering grants 

17 under this section, the Secretary may waive, or 

18 specify alternative requirements for, any provision of 

19 any statute or regulation that the Secretary admin20 isters in connection with the obligation by the Sec21 retary or the use by the grantee of those funds (ex22 cept for requirements related to fair housing, non23 discrimination, labor standards, the environment, 

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1 native requirement), if the Secretary makes a public 

2 finding that good cause exists for the waiver or al3 ternative requirement and the waiver or alternative 

4 requirement would not be inconsistent with the find5 ings in section 502 of the Reforming Disaster Re6 covery Act. 

7 ‘‘(2) EFFECTIVE DATE.—A waiver or alter8 native requirement described in paragraph (1) shall 

9 not take effect before the date that is 5 days after 

10 the date of publication of the waiver or alternative 

11 requirement on the website of the Department of 

12 Housing and Urban Development or the effective 

13 date for any regulation published in the Federal 

14 Register. 

15 ‘‘(3) PUBLIC NOTIFICATION.—The Secretary 

16 shall notify the public of all waivers described in 

17 paragraph (1) in accordance with the requirements 

18 of section 7(q)(3) of the Department of Housing and 

19 Urban Development Act (42 U.S.C. 3535(q)(3)). 

20 ‘‘(j) UNUSED AMOUNTS.— 

21 ‘‘(1) DEADLINE TO USE AMOUNTS.—A grantee 

22 under this section shall use an amount equal to the 

23 grant within 6 years beginning on the date on which 

24 the Secretary obligates the amounts to the grantee, 


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1 as such period may be extended under paragraph 

2 (4). 

3 ‘‘(2) RECAPTURE.—The Secretary shall recap4 ture and credit to the Fund any amount that is un5 used by a grantee under this section upon the earlier 

6 of— 

7 ‘‘(A) the date on which the grantee notifies 

8 the Secretary that the grantee has completed all 

9 activities identified in the disaster grantee’s 

10 plan under subsection (c); or 

11 ‘‘(B) the expiration of the 6-year period 

12 described in paragraph (1), as such period may 

13 be extended under paragraph (4). 

14 ‘‘(3) RETENTION OF FUNDS.—Notwithstanding 

15 paragraph (1), the Secretary may allow a grantee 

16 under this section to retain— 

17 ‘‘(A) amounts needed to close out grants; 

18 and 

19 ‘‘(B) up to 10 percent of the remaining 

20 funds to support maintenance of the minimal 

21 capacity to launch a new program in the event 

22 of a future disaster and to support pre-disaster 

23 long-term recovery and mitigation planning. 

24 ‘‘(4) EXTENSION OF PERIOD FOR USE OF

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1 riod described in paragraph (1) by not more than 4 

2 years, or not more than 6 years for mitigation activi3 ties, if— 

4 ‘‘(A) the grantee submits to the Sec5 retary— 

6 ‘‘(i) written documentation of the exi7 gent circumstances impacting the ability of 

8 the grantee to expend funds that could not 

9 be anticipated; or 

10 ‘‘(ii) a justification that such request 

11 is necessary due to the nature and com12 plexity of the program and projects; and 

13 ‘‘(B) the Secretary submits a written jus14 tification for the extension to the Committees 

15 on Appropriations of Senate and the House of 

16 Representatives that specifies the period of that 

17 extension.’’. 

18 REGULATIONS

19 SEC. 507. (a) PROPOSED RULES.— Following con20 sultation with the Federal Emergency Management Agen21 cy, the Small Business Administration, and other Federal 

22 agencies, not later than 6 months after the date of enact23 ment of this Act, the Secretary shall issue proposed rules 

24 to carry out this Act and the amendments made by this 


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1 Act and shall provide a 90-day period for submission of 

2 public comments on those proposed rules. 

3 (b) FINAL RULES.—Not later than 1 year after the 

4 date of enactment of this Act, the Secretary shall issue 

5 final regulations to carry out section 123 of the Housing 

6 and Community Development Act of 1974, as added by 

7 section 506. 

8 COORDINATION OF DISASTER RECOVERY ASSISTANCE, 

9 BENEFITS, AND DATA WITH OTHER FEDERAL AGENCIES

10 SEC. 508. (a) COORDINATION OF DISASTER RECOV11 ERY ASSISTANCE.—In order to ensure a comprehensive 

12 approach to Federal disaster relief, long-term recovery, 

13 restoration of housing and infrastructure, economic revi14 talization, and mitigation in the most impacted and dis15 tressed areas resulting from a catastrophic major disaster, 

16 the Secretary shall coordinate with the Federal Emer17 gency Management Agency, to the greatest extent prac18 ticable, in the implementation of assistance authorized 

19 under section 123 of the Housing and Community Devel20 opment Act of 1974, as added by section 506. 

21 (b) DATA SHARING AGREEMENTS.—To support the 

22 coordination of data to prevent duplication of benefits with 

23 other Federal disaster recovery programs while also expe24 diting recovery and reducing burden on disaster survivors, 

25 the Department shall establish data sharing agreements 


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1 that safeguard privacy with relevant Federal agencies to 

2 ensure disaster benefits effectively and efficiently reach in3 tended beneficiaries, while using effective means of pre4 venting harm to people and property. 

5 (c) DATA TRANSFER FROM FEMA AND SBA TO

6 HUD.—As permitted and deemed necessary for efficient 

7 program execution, and consistent with a computer match8 ing agreement entered into under subsection (f)(1), the 

9 Administrator of the Federal Emergency Management 

10 Agency and the Administrator of the Small Business Ad11 ministration shall provide data on disaster applicants to 

12 the Department, including, when necessary, personally 

13 identifiable information, disaster recovery needs, and re14 sources determined eligible for, and amounts expended, to 

15 the Secretary for all major disasters declared by the Presi16 dent pursuant to section 401 of Robert T. Stafford Dis17 aster Relief and Emergency Assistance Act (42 U.S.C. 

18 5170) for the purpose of providing additional assistance 

19 to disaster survivors and prevent duplication of benefits. 

20 (d) DATA TRANSFERS FROM HUD TO HUD GRANT21 EES.—The Secretary is authorized to provide to grantees 

22 under section 123 of the Housing and Community Devel23 opment Act of 1974, as added by section 506, offices of 

24 the Department, technical assistance providers, and lend25 ers information that in the determination of the Secretary 


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1 is reasonably available and appropriate to inform the pro2 vision of assistance after a major disaster, including infor3 mation provided to the Secretary by the Administrator of 

4 the Federal Emergency Management Agency, the Admin5 istrator of the Small Business Administration, or other 

6 Federal agencies. 

7 (e) DATA TRANSFERS FROM HUD GRANTEES TO

8 HUD, FEMA, AND SBA.— 

9 (1) REPORTING.—Grantees under section 123 

10 of the Housing and Community Development Act of 

11 1974, as added by section 506, shall report informa12 tion requested by the Secretary on households, busi13 nesses, and other entities assisted and the type of 

14 assistance provided. 

15 (2) SHARING INFORMATION.—The Secretary 

16 shall share information collected under paragraph 

17 (1) with the Federal Emergency Management Agen18 cy, the Small Business Administration, and other 

19 Federal agencies to support the planning and deliv20 ery of disaster recovery and mitigation assistance. 

21 (f) PRIVACY PROTECTION.—The Secretary may make 

22 and receive data transfers authorized under this section, 

23 including the use and retention of that data for computer 

24 matching programs, to inform the provision of assistance, 

25 assess disaster recovery needs, and prevent the duplication 


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1 of benefits and other waste, fraud, and abuse, provided 

2 that— 

3 (1) the Secretary enters a computer matching 

4 agreement with the Administrator of the Federal 

5 Emergency Management Agency, the Administrator 

6 of the Small Business Administration, or other Fed7 eral agencies covering the transfer of data; 

8 (2) the Secretary publishes intent to disclose 

9 data in the Federal Register; 

10 (3) notwithstanding paragraphs (1) and (2), 

11 section 552a of title 5, United States Code (com12 monly known as the ‘‘Privacy Act of 1974’’), or any 

13 other law, the Secretary is authorized to share data 

14 with an entity identified in subsection (d), and the 

15 entity is authorized to use the data as described in 

16 this section, if the Secretary enters a data sharing 

17 agreement with the entity before sharing or receiving 

18 any information under transfers authorized by this 

19 section, which data sharing agreement shall— 

20 (A) in the determination of the Secretary, 

21 include measures adequate to safeguard the pri22 vacy and personally identifiable information of 

23 individuals; and 

24 (B) include provisions that describe how 

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1 dividual will be adequately safeguarded and 

2 protected, which requires consultation with the 

3 Secretary and the head of each Federal agency 

4 the data of which is being shared subject to the 

5 agreement. 

6 This Act may be cited as the ‘‘Transportation, Hous7 ing and Urban Development, and Related Agencies Appro8 priations Act, 2022’’. 

Æ 


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